Loading...
HomeMy WebLinkAboutC2012-111 - 4/10/2012 - ApprovedCITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469 -9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and HDR Engineering, Inc. a Nebraska corporation with offices at 555 N. Carancahua Suite 1650, Corpus Christi, Nueces County, Texas 78478, ArchitecVEngineer — AE, hereby agree as follows: 1. SCOPE OF PROJECT ( Seawall Repairs— 2012 Project No. E11_090 The Seawall Repairs 2012 project will be based on the Final Seawall Assessment Report and consist of the following: 1. Repair cracks on the McGee Beach Access Ramp surface) 2. Repair cracks at mid panels on Contract D (south end of Seawall) 3. Repair spalls at Cooper's Alley L -Head cap face 4. Repair spalls at Lawrence Street T -Head cap face 5. Replace 10' section of railing at south end of Art Museum 6. Repair apron paving cracks at the south east corner of the Art Museum 7. Repair spalls with exposed reinforcing on front wall cap (17 locations) 8. Replace protective timber pile at panel 223 9. Repair cracks in front wall cap (3 locations) 10. Replace concrete storm water outfall penetration box tops (16 locations) 11. Replace missing front wall check valves (10 locations) 12. Replace expansion joints on Contract B -213 and B -1 (north end of Seawall) 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A ", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects " - (Basic Services for Construction Projects ") which are shown and are in accordance with "Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 2012 -111 M2012 -071 Page 1 of 3 4110/11 11090 - Bayfront Seawall Repairs 20121Coniract for Professional Services . docx - HD12 Engineering, Inc. INDEXED 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A ". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. MANDATORY REQUIREMENTS AE agrees to the mandatory contract and insurance requirements as set forth in Exhibit « B „ 5. FEE The City will pay the AE a fee, as described in Exhibit "A ", for providing services authorized, a total fee not. to exceed $150,894.00 (One Hundred Fifty Thousand Eight Hundred Ninety Four and no /xx dollars). Monthly invoices will be submitted in accordance with Exhibit "D ". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the AE at the address of record. In this event, the AE will be compensated for its services on all stages authorized based upon AE and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The AE agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) Page 2 of 3 KAEngineering Data Exchange%Clarissaj\Saawall\E11 DUO - Bayfront Seawall Repairs 2C10Gontract for Professional Services,doex 8. ASSIGNABILITY The AE will not assign, transfer or delegate any of its obligations. or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the AE staff. If the AE is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the AE fee may be assigned in advance of receipt by the AE without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the AE without the express written consent of the Director of Engineering Services. 10. DISCLOSURE OF INTEREST AE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form attached hereto as Exhibit "C" CITY OF CORPUS CHRISTI Oscar R. Martinez HDR EN NEERI , INC. 3 Authorized Representative Date Assistant City Manager Apte 4 7T.: ST RECOMMENDED: At�,�r?I'lilo0t -,HAP CriY SEC4ETAR 4 :.• „f Alh Daniel Biles, P.E. Date �Q Interim Director of Engineering Services APPROVE AS TO FORM: Offic of Mgmt and Budget la a te P1 -fZ Assistant City Attorney Date � c o rk t 11 U I huKl"b ACL LVUW C1L..0W---- r..r...... ..............- Page 3 of 3 KAEngineering Data ExchangelClarissaJ %Seawal[%E11090 - Bayfront Seawall Repairs 20121Contract for Professional Services.docx EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS SEAWALL REPAIRS 2012 Project No. Ell 090 I. SCOPE OF SERVICES A. Basic Services. 1. Preliminary Phase. The Preliminary Phase is deemed completed based upon the FINAL Bayfront Seawall Assessment Report, Design Phase. Based upon the Final Bayfront Seawall Assessment Report, and upon receiving authorization to proceed, the A/E will: 1. Field Visits. AE will make site visits to confirm the existing conditions and verify that the specified repairs are appropriate to the deficiency noted. 2. Preparing Drawings. AE will prepare drawings sufficient for bidding and construction of the work, based on City of Corpus Christi standards. The expected drawing list is as follows: Sheet 1: Cover Sheet Sheet 2: Sheet Index and Legends Sheet 3: General Notes Sheet 4: Project Layout 1 Sheet 5: Project Layout 2 Sheet 6: Project Layout 3 Sheet 7: Project Layout 4 Sheet 8: McGee Beach Site Plan, Photos Sheet 9: L -Head Cap Plan, Elevations, Photos Sheet 10: T -Head Cap Plan, Elevations, Photos Sheet 11: Art Museum Plan, Photos Sheet 12: Crack and Spall Details, Photos Sheet 13: Railing, Check Valve, and Timber Pile Details, Photos Sheet 14: Box Top and Expansion Joint Details, Photos 3. Preparing Specifications. AE will prepare front -end documentation and technical specifications sufficient for bidding and construction of the work, based on City of Corpus Christi standards. 4. Submittals to the City. AE will prepare and make three (3) submittals to the City for review and comment prior to proceeding to the subsequent submittal. The three submittals will be as follows: a. 60% Submittal b. 100% (Pre - Final) Submittal c. FINAL Submittal Each Submittal Package will include the appropriate deliverables based on City of Corpus Christi standards. 5. Review Meetings with City Representatives. After the 60% and 100% (Pre - Final) submittals, AE will meet with City representatives to review the packages and discuss comments made by the City. AE will assimilate the review comments, modifications, and additions /deletions prior to proceeding to the subsequent submittal. EXHIBIT "A" Page 1 of 9 KIEngineering DelaExchange \ClarissaJlSeawalikE11090 - Bayfront Seawall Repairs 201ZExhibK A,dacx The AE will ensure the Design Phase services are based upon City Engineering project standards to the extent applicable as follows: a. Study, verify, and implement FINAL Bayfront Seawall Assessment Report recommendations including construction sequencing, connections to the existing facilities, and restoration of property and incorporate these plans into the construction plans. Development of the construction sequencing will be coordinated with the City Operating Department(s) and Engineering Services staff. b. Prepare one (1) set of the construction bid and contract documents (electronic and full -size hard copies using City Standards as applicable), including contract agreement forms, general conditions and supplemental conditions, notice to bidders, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe, for one bid, the size and character of the entire Project; description of materials to be utilized; and such other essentials as may be necessary for construction and cost analysis. c. Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). d. Prepare final quantities and estimates of probable costs with the recommended construction schedule. The construction schedule will provide a phased approach to track progress and payments. e. Furnish one (1) set of the interim plans (60% submittal - electronic and full -size hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Show existing elevations resulting from topographic survey. Show locations of utility lines, structures and their respective elevations resulting from the S.U.E. Use the City's numbering system for utility manholes. Identify distribution list for plans and bid documents to all affected utilities including City and all other affected entities. Required with the interim plans is a " Plan Executive Summary which will identify and summarize the project by distinguishing key elements such as: • Pipe Size or Building Size • Pipe Material, etc. • Why one material is selected over another • Pluses of selections • ROW requirements and why • Permit requirements and why • Easement requirements and why + Embedment type and why • Constructability, etc. • Specific requirements of the City • Standard specifications • Non - standard specifications • Any unique requirements • Cost, alternatives, etc. • Owner permit requirements and status f. Assimilate all review comments, modifications, additions /deletions and proceed to next phase, upon Notice to Proceed. g. Provide one (1) set of the pre -final plans and bid documents (90% submittal - electronic and full-size hard copies using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable t= XHIBIT "A" Page 2 of 9 KAEngineering OataExchange \ClarissaJSSeawallkE11090 - Bayfrant Seawall Repairs 20125Exhibit A_dncx costs. Compile comments and incorporate any requirements into the plans and specifications, and advise City of responding and non - responding participants. h. Provide Quality Assurance /Quality Control (QA/QC) measures to ensure that submittal of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. The Consultant AIE and Sub - consultant ME shall submit a letter declaring that all engineering disciplines of all phases of the. submittals have been checked, reviewed, and are complete prior to submission, and include signature of all disciplines including but not limited to structural, civil mechanical, electrical, etc. i. If required, provide traffic controls including a Traffic Control Plan, illumination, markings and striping, signalization, and as delineated by the City Traffic Engineering Department. j. Provide one (1) set of the final (100 %) plans (unsealed and unstamped - electronic and full -size hard copies using City Standards as applicable) for City's final review. k. Assimilate all final review comments (if any). I. Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full -size hard copies using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the sole property and ownership of the City of Corpus Christi. m. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. n. Prepare and submit monthly status reports with action items developed from monthly progress and review meetings. o. Provide a Storm Water Pollution Prevention Plan, if required. The City staff will: a. Designate an individual to have responsibility, authority, and control for, coordinating activities for the construction contract awarded. b. Provide the budget for the Project specifying the funds available for the construction contract. c. Provide the City's standard specifications, standard detail sheets, standard and special provisions, and. forms for required bid documents. 3. Bid Phase. The AIE will: a. Participate in the pre -bid conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c. Review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make . recommendation concerning award of the contract. e. In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the AIE's design phase estimate required above, the Engineer will, at its expense, confer with City staff EXHIBIT "A" Page 3 of 9 KAFinginnoring DataExchangelClarissaJ %Seawal]1E11090 - Bayfronl Seawall Repairs 20121Exhibit A.docx and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. The City staff will; a. Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b. Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the AIE) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c. Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d. Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Phase. The AIE will perform contract administration to include the following. a. Participate in pre - construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c, Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and .to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. Regular field visits shall be defined as 4 hours per week for 12weeks. f. Prepare change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. h. As appliGable, review and assure GGR;pl with plans and speGifiGatiqns, the equipment mRstalled on this Projel3t. These m;;P-Ris woll him. "multimedia f gmra + r suitable fnr vi eW i Rg With Mi ft�eFRet Ex pl 3.0. As a rMn'mum the i able of ntent_ss, and ex ..ill b e in HTML Language (Hyper-Text Markup the manual. The remaindw ef the manual Gan be SGanRed images GF a m f ormat, Of 6 GaRRed i mages and text. Use the nnmmen fn rM tS fvr S anRed images G TIFF, jPEG_ e Gonf be d of the maRuals that all nnnnned image formats are Gornpatible with the image-viewing software available oR the Gity'_6 i. Review construction "redline" drawings, prepare record drawings of the Project as constructed (from the "red -line" drawings, inspection, and the contractor EXHIBIT "A" Page 4 of 9 KAEngineering DataExchangeSClarissoJ \SeawalhE1109D - Bayfront Seawall Repairs 20121Exhibit A,aoax provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD 04 or later) of the record drawings within two (2) months of final acceptance of the project. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a. Prepare applications /estimates for payments to contractor. b. Conduct the final acceptance inspection with the Engineer. 5__HDR will provide project management for the tasks listed above. This work shall involve general project management duties such as status reporting, scheduling of manpower and project deliverables, staff assignments, internal coordination meetings, and qualify control reviews. B. Additional Services (ALLOWANCE) This section defines the scope (and ALLOWANCE) for compensation for additional services that may be included as part of this contract, but the AIE will not begin work on this section without specific written approval by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The AIE will, with written authorization by the Director of Engineering Services, do the following: I Oil IN F.M. 9 E re. 9 r r I __ � — M EMMMUNI M M .. •_ ■ -- •- . . a- -_ 111 MIN ON NO ■. - ■ • r r — ' . ICYEngineering DataExchange lCarissaJ \Seawall\E11090 - 6ayfronl Seawall Repairs 2012 \Exhibit A.docx 4.. Env i ssues. , iden dev a SGOpe of Wnmrk fnr A-n f testing 5. Construction Observation Services. Provide a project representative (PR) to provide periodic construction inspection. AIE will provide a protect representative to observe the contractor's performance and conformance to the contract documents. This work shall include an engineer for 20 hours per week for a duration of 12 weeks. T A. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants, the AIE shall endeavor to provide further protection for the CITY against defects and deficiencies in the work. B. The duties and responsibilities of the PR are described as follows 1 . General: PR will act as directed by and under the supervision of AIE, and will confer with AIE regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in. progress shall in general be with A/E and Contractor, keeping the CITY advised as necessary. 2. Conference and Meetings: Attend meetings with Contractor, such as pre - construction conferences, progress meetings, job conferences and other project - related meetings as required by the City, and prepare and circulate copies of minutes thereof. 3. Liaison: A. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. B. PR shall communicate with CITY with the knowledge of and under the direction of AIE 4. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. 5. Shop Drawings and Samples: A. Receive Samples, which are furnished at the Site by Contractor, and notify of availability of Samples for examination. EXHIBIT "A" Page 6 of 9 K'IEngineering DetaExchangelCiarissadlSsawall 5E11090 - Bayftonl Seawall Repai(s 2012VExhihil A.docx ON NO r a ■ a yy ■ r _ - —00.0 OWN 11119M.111111111" ZT - 41111MM. go a ■ 4.. Env i ssues. , iden dev a SGOpe of Wnmrk fnr A-n f testing 5. Construction Observation Services. Provide a project representative (PR) to provide periodic construction inspection. AIE will provide a protect representative to observe the contractor's performance and conformance to the contract documents. This work shall include an engineer for 20 hours per week for a duration of 12 weeks. T A. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants, the AIE shall endeavor to provide further protection for the CITY against defects and deficiencies in the work. B. The duties and responsibilities of the PR are described as follows 1 . General: PR will act as directed by and under the supervision of AIE, and will confer with AIE regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in. progress shall in general be with A/E and Contractor, keeping the CITY advised as necessary. 2. Conference and Meetings: Attend meetings with Contractor, such as pre - construction conferences, progress meetings, job conferences and other project - related meetings as required by the City, and prepare and circulate copies of minutes thereof. 3. Liaison: A. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. B. PR shall communicate with CITY with the knowledge of and under the direction of AIE 4. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. 5. Shop Drawings and Samples: A. Receive Samples, which are furnished at the Site by Contractor, and notify of availability of Samples for examination. EXHIBIT "A" Page 6 of 9 K'IEngineering DetaExchangelCiarissadlSsawall 5E11090 - Bayftonl Seawall Repai(s 2012VExhihil A.docx B. Record date of receipt of Samples and approved Shop Drawings. C. Advise Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which PR believes that the submittal has not been approved. 6. Review of Work and Rejection of Defective Work: A. Conduct on -Site observations of Contractor's work in progress to assist A/E in determining if the Work is in general proceeding in accordance with the Contract Documents. B. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise City and A/E of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. C. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. 7. Records: A. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, AIE's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. B. Prepare a daily report utilizing approved City format, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to A/E and the City. 8. Reports: A. Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. B. Report immediately to the CITY and A/E the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the work, and property damaged by fire or other causes. C. Provide project photo report on CD -ROM at the rate of a minimum of two photographs per day, including an adequate amount of photograph documentation of utility conflicts. 9. Completion: A. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. B. Participate in a final inspection in the company of A/E, the CITY, and Contractor and prepare a final list of items to be completed or corrected. C. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work. EXHIBIT "A" Page 7 of 9 K'%Engineering Data ExchangelolarissaJ lSeawall5E11090 - Sayfront Seawall Repairs 20121Exhibit A.decx Start-up Services. Provide on -site services and verification for all start -up procedures during actual start up of major Project components, systems, and related appurtenances if needed and required. 7. Warranty Phase. (Not Authorized) Provide a maintenance .guaranty inspection toward the end of the one -year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 8. Provide the services above authorized in addition to those items shown on Exhibit "A -1" Task List, which provides supplemental description to Exhibit "A." Note: The Exhibit "A -1" Task List does not supersede Exhibit "A." 2. SCHEDULE Day Date Activit Tuesday Aril 10, 2012 Council Approval Monday Aril 16, 2012 Begin Design Friday May 25, 2012 60% Submittal Deliver Friday June 22, 2012 City Review Complete Friday July 20, 2012 Pre -Final 90 %) Submittal Deliver Friday August 3, 2012 City Review Complete Friday August 29, 2012 Final Submittal Monday August 27, 2012 Advertise for Bids Wednesday September 5, 2012 Pre -Bid Conference Wednesday September 12, 2012 Receive Bids Tuesday October 30, 2012 Contract Award - Monday November 12, 2012 Begin Construction L F _ rid _ ay I TBD Complete Construction 3. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section 1.A.1 -4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1 -4, A/E will submit monthly statements for basic services rendered. In Section I.A.1 -3, the statement will be based upon A/E's estimate (and City concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. r EXH113IT O 1 f 1 A" KAEngineering D alaExchange \ClarissaJlSeawalRE11 p90 - Bayfronl Seawall Repairs 2012\Exhibit A -docx B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the AIE a not -to- exceed fee as per the table below: Summary of Fees Basic Services Fees 1. Preliminary Phase NIA 2. Design Phase $81,500.00 3. Bid Phase $7,500.00 4. Construction Phase $19,380.00 Subtotal! Basic Services Fees $108,380.00 Additional. Services Fees (Allowance) 1. Permit Preparation 0.00 2. ROW Acquisition Survey 0.00 3. Topographic Survey and Parcel Descriptions 0.00 4. Environmental Issues 0.00 5. Construction Observation Services $42,514.00 5. Start -up Services 0.00 7. Warranty Phase 0.00 Sub -Total Additional Services Fees. $42,514.00 Total Project Fee $150,894.00 � � EXHIBIT "A" Page 9 of 9 KIEngineering Data ExchangeTierissaJ5SeawaIRE11090 - Sayfront Seawall Repairs 2012%Exhibit A.docx EXHIBIT `B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A/E PROFESSIONAL SERVICES /CONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability . policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, Bodily Injury & Property Damage non - renewal or material change required Per occurrence - aggregate on all certificates COMMERCIAL GENERAL LIABILITY including: 1. Broad f=orm 2. Premises - Operations 3. Products/ Completed Operations 4, Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired -- Non -owned vehicles PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions WORKERS' COMPENSATION $1,000,000 per claim 1$2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured Which Complies with the Texas Workers Compensation Act EMPLOYERS' LIA BILITY 500,000/500,000/500,006 KAEnginearing Dal aExchangelClarissaJ %Seawall%E11090 - BWront Seawall Repairs 20125Exhibil B - Insurance.docx EXHIBIT "B Page 1 of 3 C, In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant. shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 Fax: (361) 826 -4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; ii. Provide for an endorsement that the 'other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. EXHIBIT "B Pa e2of3 " K%Engineedng Data Exchange %ClarissaJXSeawali\F11090 - Flayfrant Seawall Repairs 20121Exhibit 6 - Insurance_docx H. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS For non - professional services, Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorney fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this contract. For professional services, Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorney fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, to the extent caused or alleged to have been caused by the Consultant's negligent acts, errors or omissions in the performance of professional services under this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants or employees or any other person indemnified hereunder. � J EXHIBIT "B" Page 3 of 3 KAEngineering Data ExehangelClarissaASeawell5E11690 - Bayfrant Seawall Repairs 2012Txhibit B - Insurance_docx SUPPLIER NUMBER TO BE ASSIGNED BYZTfY� PURCHASING DIVISION City t o Exhibit C C C�us CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: HDR Engineering, Inc P. O, BOX: STREET ADDRESS: 555 N. Carancahus, Suite 1650 CITY Corpus Christi, TX ZIP: 78401- FIRM IS: I. Corporatian 2. Partnership 3. Sole Owner ❑ 4. Association U S. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. I . State the names of each ` employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm: Name Job Title and City Department (if known) NIA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title NIA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm:" Name Board, Commission or Committee NfA 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant NIA EXHIBIT "C" Page I of 2 FILI REQUIR1:MEN'17S ifa person who requests official atc(ion tilt at ma t ter k nows that the reques ac Iitul will comer all ecollomic herletll oil rlill' City ofllci ll or employ that is di stinguish able from the effect that the ilctllltl will have oil inembers tit'lhe public in gencratl ilr al substantial gcgment thereof: you shall disclose that tint in a signed writing to the City official. emplo }ee car 11 Ay that has beell regucsted to act ill the matter. unless the interest ol'the Citi official or employee in the nlauer is apparent. • IlC diSClostlre shall also he made in a signed writing, Illed with the Cit% Srcrci air\. Phlcs Ordinance Section 2-349 (d)j CERTIFIC:ATION certify that all inlilrmation provided is true and correct as of the date of this statement, that I halve not knnwinul� withheld disclosure of am inlill•nrllion reiluested: and that supplciuenial statements will he promptr submitted to the Cite O' Coriptis Christi. Tt:xas as changes occur. Ccrtifyimg Person: Carl E. Crull Title: Vice President Signature of Certifying Person: DEFINITIONS lhttc: L/ a. "Board member." A mewher of any board. commi ;lion, or commilwe appointed by the Cin Colulcil (11 City of C ol Christ i. Texas. h. "Economic henelit ". An action than is liked% w affect all economic interest i1' it is likes\ to have an effect oil illat interest that iti distilwmishable front its effect on members tit' the Imblic in oeneral or a substamial segment thereof'. c. ­F nlployee." Any person employed by the City of Corpus Christi, fesas either on a Rill or par't- tinte hasis. but 1101 as in independent contractor. d. "Finn." Any entity 0I)CNllcd 1111' ecollomic _gain. w'hethcr professional. industrial or commercial. and whether established to ilroduee or dual with .1 product or service, itlCltl(lillg bill not lirniwd 10, entities operated in the form of sole proprietorship. as sell - employed person. pailnership, corporation, joilit stock company. ,joint venture, receivership or Irtist. and entities which Cor purposes ill' taxation are treated as norl- prolit organizations. C. "Offlieial." The Mayor, II1Cnlbet'S Of the C'ilp Colllleil. City iAanager, Deputy City Manager. Assistant Chv :`Managers, Departnicnt and Division Heads. and ylunicipal Court Judge: oftlie City of Corpus Christi. Texas. "Ownership Interest." I. 1ml or equitable Interest. whether aclualh or collstructivel ' held in a linty, including when such inwrest is held lhrow-h on moth. trLiSt. estate. or holding 4nlity. " C'onsirticuvuh lield" relurs to holding: or control established Through voting trusts. proxies. or special wrens ttfventure or parmershill aC�reeulcnts," "CltlsoIlint." Ally person or fii`nl, such as engineers and archiwcis. hired b\ the City of Corpus Christi for the purpose of protessionall consultation and rccommendation. EXHIBIT "C" Page 2 of 2 MM k m w o � LA Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Q & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees SEAWALL REPAIRS - 2012 Project No. E11090 Invoice No. 123456 Invoice Date: Sample form for: Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Cmmnlpte $0 $0 $0 $0 $0 $0 $0 0% 56,650 0 0 56,650 1,000 500 1,500 3% 12,500 0 0 12,500 0 0 0 0% 25,254 0 0 25,254 0 0 0 0% $94,404 $0 $0 $94,404 $750 $500 $1,500 2 $0 $0 $0 $0 $500 $0 $0 0% 0 0 0 0 0 0 0 0% 33,122 0 0 33,122 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $33,122 $0 $0 $33,122 $500 $0 $0 0% $94,404 $0 $0 $94,404 $750 $500 $1,500 2% 33,122 0 0 33,122 500 0 0 0% $127,526" $0 $0 $127,526 $1,250 $500 $1,500 1% Exhibit D Page 1 of 1