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HomeMy WebLinkAboutC2013-008 - 1/29/2013 - 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 Naismith Engineerin Inc. a Texas corporation, 4501 Gollihar Road, Corpus Christi, Nueces County, Texas 78411, (ArchitectlEngineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT South Staples Street from Morgan Avenue to IH 37 Project No. E12096 BOND ISSUE 2012 --This project includes full -depth repair of the existing four lane roadway. Other improvements may include adjustments to accommodate recently improved curb and gutter, sidewalks, ADA curb ramps, as well as improvements to lane striping and pavement markings and bus stop rehabilitation, which is consistent with the UTMP. Future bikeway requirements will require evaluation at the time of roadway design and shall conform to the adopted Bikeway Plan of the UTMP /ICSP. 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" and "A -1 ", 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. 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. 2013 -008 1/29/13 Contract for Engineering (A/E) Services M2013 -018 Page 'l of 4 Jaismith Engineering Inc. - MISTREEnE12096 SOUTH STAPLES STREET FROM MORGAN TO IH37 BOND ISSUE 201211 CONTRACT PROFESSIONAL INDEXED 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. AIE shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B ". 5. FEE The City will pay the A/E a fee, as described in Exhibit "A ", for providing services authorized, a total fee not to exceed $837,162.50, (Eight Hundred Thirty Seven Thousand One Hundred Sixty Two Dollars and Fifty Cents). Monthly invoices will be submitted in accordance with Exhibit "C ". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E 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 A/E 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.) 8. ASSIGNABILITY The A/E 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 A/E staff. If the A/E 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 A/E fee may be assigned in advance of receipt by the A/E 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. Contract for Engineering (A/E) Services Page 2 of 4 KAENGINEERING DATAEXCHANGE IANGIEMISTREEIRE12096 SOUTH STAPLES STREET FROM MORGAN TO IH37 BOND ISSUE 201251 CONTRACT PROFESSIONAL SERVICES.DOC 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 AIE without the express written consent of the Director of Engineering Services. However, the AIE may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. 10. DISCLOSURE OF INTEREST AIE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI C W Yq 1. 3 1 .0 Oscar R. Martinez, Date Assistant City Manager RECOMMENDED - 14? 13 Daniel Biles, P. E., Date Director of Engineering Services APPROVED AS TO FORM 4 4 - 4 - M , 1 , , Office of Management Date and Budget 3� Ao NAIS ITH ENGINE RING, INC. , 09-, ^A '11171ZO,4 GraAt Ja6ks6,nI P. E., date Vice Presiders 4501 Gollihar Road Corpus Christi, TX 78411 (361) 814 -9900 Office (361) 814 -4401 Fax gy ENTERED JAN 3 2013 CONTRACT MANAGERS Contract for Engineering (AIE) Services Page 3 of 4 KaENGINEERING DATAEXCHANGEb4NGIEM4STREE RE12096 SOUTH STAPLES STREET FROM MORGAN TO IH37 BOND ISSUE 201211 CONTRACT PROFESSIONAL SERVICES.DOC ATTEST Street Fund 3549 Bond 12 GO WasteWater 4251 2012A CIP Fund Armando Chapa, City Secretary StormWater 3496 2012B CIP Fund Water 4092 2012B CIP Fund Gas 4556 2012A CIP Fund South Staples Street from Morgan Avenue to IH 37 (Proiect No. E120961 Department Fund Source No. Amount Street 550950 -3549- 00000- E12096 $355,636.90 Wastewater 550950-4251-00000-E12096 166,301.12 Storm Water 550950- 3496- 00000- E12096 120,415.48 Water 550950- 4092 - 00000- E12096 138,002.70 Gas 550950- 4556- 00000- E12096 56,806.30 Total $837,162.50 Encumbrance No. G ! a b� � t N� Confract for Engineering (AIE) Services Page 4 of 4 K:IENGINEERING DATAEXCHANGE4ANGIEM ISTREET1E12096 SOUTH STAPLES STREET FROM MORGAN TO IH37 BOND ISSUE 201211 CONTRACT PROFESSIONAL SERVICES.DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS Staples Street — Morgan Avenue to IH 37 (Antelope Street) Project No. E12096 Bond Issue 2012 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. Preliminary Phase The ArchitecttEngineer -AIE (also referred to as Consultant) will: a) Prepare PowerPoint presentation in City format for City Council Meeting. b) Hold Project Kick -off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. C) Provide scope of geotechnical testing requirements to the City's Geotechnical Consultant. d) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. e) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. f) Develop preliminary street cross section to incorporate the Geotechnical Consultant's recommendations. Prepare conceptual life -cycle cost estimate with recommended pavement sections. g) Identify right -of -way acquisition requirements and illustrate on a schematic strip map. h) Prepare preliminary opinions of probable construction costs for the recommended improvements. i) Develop drainage area boundary map for existing and proposed drainage areas served. j) Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. 1) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. M) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, USPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. n) Identify and recommend public outreach and community stakeholder requirements. o) Prepare an Engineering Letter Report (20 — 25 page main -body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic - -level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF).Engineering Letter Report to include: EXHIBIT "A" Page 1 of 9 K1Engineering DataExchangeMG1EWSTREET5E12096 SOUTH STAPLES STREET FROM MORGAN TO IH37 BOND ISSUE 20125EXHIBIT A UPDATED REVISED 1218 2012.doc 1. Provide a concise presentation of pertinent factors, sketches, designs, cross - sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, right -of- way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos. 3. Provide opinion of probable construction costs. 4. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 5. Provide an analysis on project impacts towards "re- engineering" and effects on cost savings toward City operations, which this project will affect. 6. Provide anticipated index of drawings and specifications. P) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. q) Hold Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report. r) Assimilate all review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. S) Assist City in presenting summary of ELR findings to City - appointed capital project oversight committee having responsible charge of vetting preliminary project design components prior to proceeding to project design phase. Prepare PowerPoint presentation, handouts and exhibits for meeting. Provide follow -up and response to comments. City staff will provide one set only of the following information (as applicable): a) Record drawings, record information of existing facilities, and utilities (as available from City Engineering files). b) The preliminary budget, specifying the funds available for construction. C) A copy of existing studies and plans. (as available from City Engineering files). d) Field location of existing city utilities. (A/E to coordinate with City Operating Department. e) Applicable Master Plans and GIS mapping are available on the City's website. f) Provide bench marks and coordinates. The records provided for A /E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and g Mly for the intended purpose of this project. Anv unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. b) 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). EXHIBIT " A " Page 2 of 9 K:1Engineering DataExchangeW ANGIEMIBTREE RE12096 SOUTH STAPLES STREET FROM MORGAN TO IH37 BOND ISSUE 2012\EXHIBIT A UPDATED REVISED 1218 2012.doc c) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 24 "x 36" plan sheets that can be reduced to 11 "x 17 ". 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. 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. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a " Plan Executive Summary which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. g) PFevide the finall bid documents 0 ene (1) set of PFe plans and eleGtFenin and fu size haFd Ggp using City Standards as t applicable) o the Cihr uF.ruvuvv� w the .. h) for revised eStiMateS Gf Gasts. staff review and approval puFposes with pFebable Hold ProjeGt 0 to five days of the meetft. Assimilate ail Feview meetiRgs attendees W WGFking i) i upeR ' N etmee to PFeceed 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. j) Assimilate all final review comments 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 shared intellectual p ro p erty of the City of Corpus Christi and the Consultant. 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. k) Provide Quality Assurance /Quality Control (QA/QC) measures to ensure that submittal of the interim, pre final (of ren, ,iced 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. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer neer or designee, Consultant has not adequately addressed City-provided review comments or provided submittals in accordance with City standards.. 1) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. m) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). EXHIBIT " A " Page 3 of 9 K1Engineering DateExchangeMGIEMISTREET1E12096 SOUTH STAPLES STREET FROM MORGAN TO IH37 BOND ISSUE 2012XF- XHISIT A UPDATED REVISED 12 18 2012.doc 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 forthe Project specifying the funds available forthe 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 A/E will: a) Participate in the pre -bid conference and provide a meeting 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, forthe Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes priorto 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 A/E's design phase estimate required above, the Engineerwill, at its expense, conferwith City staff 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. f) Prepare PowerPoint presentation in City format for City Council Meeting. 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 A/E) 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 Administration Phase The A/E 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, Contractor submittals and operating and maintenance manuals for conformance to contract documents. C) Review and interpret 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. f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor EXHIBIT "A" Page 4 of 9 K %Engineering DataExchang0ANGIEM1STREET %E12096 SOUTH STAPLES STREET FROM MORGAN TO IH37 BOND ISSUE 2012XEXHIBIT A UPDATED REVISED 1218 2012.doc changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Attend final inspection with City staff and provide the City with a Certificate of Completion for the project upon successful completion of the project. h) Review Contractor- provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall 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. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. AIE may not begin work on any services under this section without specific written authorization 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 shall, with written authorization by the Director of Engineering Services, perform the following:: Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The AIE will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: n . c Wetlands DeliReatieR and Premit d. TeFnpeFaFy DISGhaFge Pam* G . e, NPDES Permit/Amendments (including SSC, NOI NOT) f. Texas Commission of Environmental Quality (TCEQ) Permits /Amendments 9 N ,eras Co unty h Texas Histerinnl Gernmission (THIC) U.S. Fish and Wildlife Sepviee (USFVV,%� I. Texas Department of Licensing and Regulation (TDLR ) T. 2. Right -of -Way (ROW) Acquisition Survey. All work must comply with Category 1 -A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right -of -way widths. EXHIBIT "A" Page 5 of 9 K: Engineering Data ExrhangaVANGIEMISTREET %E12096 SOUTH STAPLES STREET FROM MORGAN TO IH37 BOND ISSUE 20121EXHIBIT A UPDATED REVISED 1218 2012AOC b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. A/E must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right -of -way to be acquired. C) Provide a preliminary base map containing apparent ROW, which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. 3. To o ra hic Survey and Parcel Descriptions All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal /vertical control. c) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. — the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil /pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third - parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface utility engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. D Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. 1) Set property corners and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at "not to scale" and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. m) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions. Additional fees may be required in resolving boundary conflicts between Owners. A/E shall submit parcel maps and legal descriptions prior to the 60% submittal. 4. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. EXHIBIT "A" Page 6 of 9 K:1Engineering DataExchange )ANGIEMISTREEnE12096 SOUTH STAPLES STREET FROM MORGAN TO IH37 BOND ISSUE 20121EXHIBIT A UPDATED REVISED 1218 2012.doc 5. Public Involvement Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, powerpoint presentations, handouts and exhibits for meetings. Provide follow -up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Prepare notices, handouts and exhibits for public information meetings. 6. Subsurface Utility Investigation a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C- I, 38 -02, Standard Guideline forthe Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro - excavation. The proposed subsurface utility investigation will be as follows: i) Excavation — The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. Quality Level B (Quality Level 9 involves- suFyeyinn_._visible above ground .�.A,.., ur.rvr., ground ,.., ut aGi l Ft i es — + uG h as manholes valve bexeo n^S}G etG and nrtrrelatinn this- O nfe an atio n w e utility records) These utilities will he leeated by , i ii ) StOFrn W.teF the nreiert limits- Will_ho 1s- c_ated_te Quality L e! G. k nca +ianc will he sv'ed on the suFyeyed I ocatlons of a sihl }r,.., r.teFM water manholes and drainage .nlete± , )YiFU.�'te a•ke,f ►Apyl t s te w Ater fnne within thenr r+t lirvit.+ Wi11 he 19Gaed to [crvu[crruv nmc cvrmTnrr�vm- vcrvouc�ry Quality Level G. 6a�,T rations _iui b ased nn the su raved locations of replac�as+ naFt of this prr(�JG Viand that fall within the fGetpp of eone_+tre,etion related evcairation shall be located at Q uality Level d V) Water — Water facilities within the project limits will be located to Quality Level C. vi) Gas — Gas facilities within the project limits will be located to Quality Level C by the A/E. The City of Corpus Christi Gas Department will provide Quality Level A. The A/E will coordinate this activity. b) Inform local franchises whose utilities fall within the footprint of construction - related excavation of the potential for encountering their utility fines during construction. 9. Warranty Phase. 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. Com late the inspection and EXHIBIT " A " Page 7of9 K3Engineering DataExchangeWNGIEM4STREET 1E12096 SOUTH STAPLES STREET FROM MORGAN TO IH37 BOND ISSUE 20125EXHIBIT A UPDATED REVISED 12'16 2012.doc prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 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 ". II. SCHEDULE Date Activit January 22, 2013 Engineering Contract Executed July 8, 2013 Draft Engineering Letter Report 30% Submittal July 29 2013 Meet with City Staff to go over Draft ELR August 19, 2013 Final Engineering Letter Report 100% Submittal August 30, 2013 Present ELR to City Appointed Committee September 2, 2013 Receive Authorization to begin Design April 7, 2014 Interim Plan /Bid Document Submittal April 28, 2014 Meet with City Staff to go over 60% Interim Submittal May 19, 2014 100% Final Plan /Bid Document Submittal June 9, 2014 Meet with City Staff to go over 100% Final Submittal June 23, 2014 Submit Sealed Plan /Bid Documents for Biddin Jul 6th and 13 th , 2014 Advertise for Bids July 22, 2014 Pre -Bid Meetin August 6, 2014 Receive Bids September 2, 2014 Contract Award October 6, 2014 Pre - Construction Meeting and Issue Notice to Proceed October 13, 2014 Begin Construction September 21, 2016 End Construction III. 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 I.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 1.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 with City's concurrence) of the proportion of the total services actually completed at the time of billing. , the statemeRt will be based upeR the City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section 1. B. "Additional Services," the City will pay the A/E a not -to- exceed fee as per the table below: EXHIBIT "A" Page 8 of 9 UEngineering DateExchangelANGIEMISTREEnE120B6 SOUTH STAPLES STREET FROM MORGAN TO IH37 BONG ISSUE 20121EXHIBIT A UPDATED REVISED 12 1& 2012.doc Summary of Fees Basic Services Fees 1. Preliminary Phase $ 63,760.00 2. Design Phase $ 365,517.50 3. Bid Phase $ 8,690.00 4. Construction Administration Phase $ 104,755.00 Subtotal Basic Services Fees $ 542,722.50 Additional Services Fees (Allowance) 1. Permit Preparation $ 6,405.00 2. ROW Acquisition Survey $ 2,000.00 3. Topographic Survey $ 56,000.00 4. Environmental Issues $ 120,000.00 5. Public Involvement $ 35,000.00 6. Subsurface Utility Exploration $ 60,500.00 7. Closed Circuit Television Inspection $ 5,600.00 8. Public Outreach $ 7,610.00 9. Geotechnical Engineering - Pavement Section Analysis 10. Warranty Phase $ 1,325.00 Sub -Total Additional Services Fees Authorized $ 294,440.00 Total Authorized Fee $ 837,162.50 EXHIBIT "A" Page 9 of 9 K:1Engineering DataFxchangehANGIEWSTREEnE12096 SOUTH STAPLES STREET FROM MORGAN TO IH37 BOND ISSUE 2012NEXHIBIT A UPDATED REVISED 1218 2012.doc EXHIBIT A -1 (Provides supplemental description to Exhibit A. Task List does not supersede Exhibit A.) CITY OF CORPUS CHRISTI Staples Street — Morgan Avenue to IH 37 (Antelope Street Project No. E12096 BOND ISSUE 2012 TASK LIST Basic Services 1) Project Limits are from Morgan Avenue to IH 37 (Antelope Street). The following are guidelines and the direction given for addressing the proposed improvements as they relate to the new roadway reconstruction and city utilities on this project: A. STREETS Provide services per Exhibit A. Existing Roadway is a four lane road in deteriorated condition. All intersections along this section of Staples Street are controlled by lights. The existing section of Staples Street is a four lane C -2 Secondary Collector with a 42' B -B pavement section from IH 37 (Antelope Street) to Leopard Street; and a four lane A -1 Minor Arterial Undivided section with a 64' B -B pavement section with roadside parking from Leopard Street to Morgan Avenue. • The recommendation is to reconstruct approximately 6800 LF of roadway. The sidewalks, curb ramps, and concrete gutter have recently been upgraded for this project area; therefore limited repairs for these items are expected. The target design is for a 30 year pavement section. • Connect to existing pavement at all crossing road intersections (to the west/east limits of each curb return) between Morgan Avenue and IH 37, connect to pavement at south side of Morgan Avenue intersection, and connect to existing pavement at south limits of curb return at 1H 37 (Antelope Street). Coordination with TxDOT and other consultants working on behalf of the City on abutting projects will be necessary. • Evaluate /Replace cross walk striping and stop bars at intersections. Install bus concrete pads at 13 RTA bus stop located along this section of Staples (coordinate with RTA to see if any stops can be eliminated). • No modifications /upgrades to traffic signalization are included in this project. EXHIBIT "A -1" Page 1 of 10 B. GAS Provide services per Exhibit A. • Construction modifications of gas infrastructure to be completed by City Gas Department. • Current city gas standards shall be utilized, defined at the time the Engineering Letter Report is submitted and approval issued by City to start design. If standards change following this milestone, a review of the design standards will be addressed. C. WASTEWATER • No hydraulic calculations are required for the wastewater system. Where required, lines will be replaced with new lines of similar size and hydraulic capacity or rehabilitated through a CIPP process. All existing brick manholes will also be rehabilitated. • Consultant is authorized to open city manholes without the presence of a city employee (Consultant takes full responsibility for safety of personnel). • Current city wastewater standards shall be utilized, defined at the time the Engineering Letter Report is submitted and approval issued by City to start design. If standards change following this milestone, a review of the design standards will be addressed. D. WATER • Provide services per Exhibit A. • Replace all AC, DI and CIP waterlines which may end up under the proposed pavement. • Existing lines which are outside the proposed pavement shall be evaluated and a recommendation shall be provided on whether to replace them. • Existing Fire hydrants shall be replaced /salvaged as required. • Re- connect service connections as required. • Current city water standards shall be utilized, defined at the time the Engineering Letter Report is submitted and approval issued by City to start design. If standards change following this milestone, a review of the design standards will be addressed. EXHIBIT "A -1" Page 2 of 10 E. STORMWATER • Provide services per Exhibit A. • Run drainage models (Storm CAD) to evaluate existing conditions and changes to accommodate developed flows as per current City Drainage Plan. • Confirm outfall configurations and capacities of existing drainage system to verify hydraulic grade lines at 5, 25, and 100 year flood events. • Current city stormwater standards shall be utilized, defined at the time the Engineering Letter Report is submitted and approval issued by City to start design. If standards change following this milestone, a review of the design standards will be addressed. 2) Attend and participate in project meetings as outlined in Exhibit A. Additional planning meetings with City staff /departments (engineering, streets, water, wastewater, stormwater, & gas) will be needed to discuss planning and conceptual design. 3) Contact Texas One -call system to locate existing utilities in the field and coordinate with appropriate City operating departments. 4) Perform field investigation (surveys as authorized by Additional Services) as required to define specific areas of demolition and new work, equipment, locations, tie -in point, and other applicable parameters required to complete the letter report, hydrologic /hydraulic analysis and construction drawings. 5) Develop preliminary street cross section based on geotechnical findings, and develop preliminary pavement evaluation and recommendations (one pavement section will be bid). 6) Once the Engineering Contract has been executed, the consultant would like to request any record drawings, record information of existing facilities, utilities, copies of existing studies and plans, traffic counts, and benchmark/coordinates as available from the City pertaining to the project area. 7) Prepare Engineering Letter Report (ELR) and Submit to City for review and approval (30% Draft and 100% Final submittal) as detailed in Exhibit A. Conceptual life -cycle cost estimate with pavement recommendations (both for flexible and rigid sections) will be submitted as part of the Draft ELR (Listed under Additional Services for Geotechnical Pavement Section Analysis). Following this review the Final ELR will be completed using one selected pavement design; and all plans/ bidding documents will reflect this selected section. EXHIBIT "A -1" Page 3 of 10 8) Develop construction drawings in English units in ANSI D sheets. The plans shall be submitted to the City for review at the following key milestones: (The City shall provide current standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents as listed on Exhibit A). "Note that the 90% review submittal outlined in Exhibit A is eliminated 60% Submittal for review 100% Submittal for review Final Plans issued for bidding (signed and sealed) 9) Provide scope of geotechnical testing requirements including specific tests needed and data required to the City's Geotechnical Consultant (NEI recommends using Kleinfelder for the geotechnical explorations). 10) Prepare Special Provisions, Specifications and Forms of Contracts and Bonds to include: a. Title Page b. Table of Contents C. Notice to Bidders d. Notice to Contractors — A e. Notice to Contractors — B f. Part A — Special Provisions g. Part B — General Provisions h. Part C — Federal Wage Rates and Requirements i. Part R — RTA Contracting Requirements (if required) j. Part S — Standard Specifications k. Part T — Technical Specifications (if required) I. List of Drawings M. Geotechnical Report n. Notice o. Agreement P. Proposal /Disclosure Statement q. Performance Bond r. Payment Bond 11) Prepare powerpoint presentation in City format for City - appointed capital project oversight committee meeting following the 30% Draft ELR submittal. This also includes preparation of agenda, meeting minutes, and memos. 12) Address comments received from the City for the 60 %, and 100% contract drawings and bid documents Submittal. 13) Provide Quality Assurance /Quality Control (QA/QC) review and submit one (1) hard copy and one (1) electronic copy of the 60 %, 100 %, and Final contract EXHIBIT "A -1" Page 4 of 10 drawings and bid documents to the City. 14) Update the Opinion of Probable Costs at the 60% and 100% submittal, and provide comparison to City budget. Submit to the City and provide any revisions or modifications to the project scope if needed. 15) Develop a Construction Phasing and Traffic Control Plan for the selected pavement section to minimize the impact of the construction. Coordination with TxDOT and other consultants working on behalf of the City on abutting projects will be necessary. 16) Coordinate with electric, communication, private pipeline companies, and other franchise utilities that may have existing facilities that must be relocated to accommodate the proposed improvements as outlined in Exhibit A. Additional Services 1. PERMIT PREPARATION (AUTHORIZED) 1) Furnish to the City all engineering data and documentation necessary for the following governmental permits as needed to complete the project. Texas Commission on Environmental Quality, National Pollutant Discharge Elimination System - Construction Stormwater Permit under the published General Permit, Texas Department of Licensing and Regulation, (submit permits to TCEQ, NPDES, and TDLR; and coordinate work with RTA, TxDOT, CCISD, EMS Services, and Franchise utilities). No other permitting requirements are anticipated. 2) Prepare and submit the listed permit applications and associated fees to the appropriate authorities as required to complete the project. 3) Register project with TDLR and submit plans /specifications to RAS for review, secure approval for construction, and coordinate final inspection with Contractor /RAS and obtain certification letter. 2. RIGHT -OF -WAY (ROW) ACQUISTION SURVEY (NO CHANGE) 3. TOPOGRAPHIC SURVEY (AUTHORIZED) 1) Research horizontal (NAD 83) and vertical (NAVD 88) controls as described in Exhibit A. 2) Pre -plan control survey. EXHIBIT "A -1" Page 5of10 3) Set control points in the field. Control points shall be set in well protected locations which can be easily located by the contractor during construction. 4) Establish vertical control points (bench marks) and perform level loops. 5) Establish horizontal control on control points by GPS. 6) Perform topographic survey within project limits. 7) Locate and tie -in tract boundaries. 8) Locate and tie -in any new R.O.W. boundaries. 9) Locate and tie -in known utility infrastructure and other miscellaneous structures within known R.O.W.. 10)Download raw survey field data, copy field notes, reduce data and check results. 11)Set baseline control points for construction. 4. ENVIRONMENTAL ISSUES (AUTHORIZED) 1) Request Regulatory Screening Assessment of project area. 2) Reviewlevaluate findings and provide recommendations to be used in Engineering Letter Report. 5. PUBLIC INVOLVEMENT (ALLOWANCE) 1) If requested by City, participate with staff at two (2) public meetings as described in Exhibit A. City Staff will lead meeting and provide support; and the Consultant will be required to prepare exhibit boards and handouts to illustrate the scope of the proposed improvements, attend and participate in discussion, and provide minutes of the meetings. 2) Identify and recommend public outreach and community stakeholder requirements. 6. SUBSURFACE UTILITY EXPLORATION — SUE (AUTHORIZED 1) Provide exploratory excavation to determine locations of existing utility and communication lines per Quality Level A as described in Exhibit A. Coordinate with City Gas Department to excavate and determine horizontallvertical location of all existing gas lines per Quality Level C as described in Exhibit A. 2) Explorations would be completed using either a water lance probe or by EXHIBIT "A -1" Page 6 of 10 hydroexcavation. All excavations will be performed within paved areas, which also require traffic control for each site. 3) Explorations would be completed every 500 feet along the street alignment, with an average of three sites per each cross section (approximately 41 locations). 4) Provide survey to tie excavated utilities vertically and horizontally. 7. CLOSED CIRCUIT TELEVISION INSPECTION — CCTV (AUTHORIZED) 1) All wastewater lines shall be evaluated by CCTV. 2) Inspect interior of each line segment and obtain detailed information. 3) This information shall consist of deviations in line and grade, abnormal conditions of pipe barrel and joints, locations of dropped or broken taps, and locations and quantities of any sources of infiltration or inflow. 4) A report log and DVD will be provided for review by the Wastewater Department. 8. PUBLIC OUTREACH AND CUMMUNICATION (ALLOWANCE The project will impact a number of heavily utilized facilities including City Hall, Nueces County Courthouse, the RTA Transit Center /Major Routes, Morgan intersection access to Spohn, and multiple small businesses (including a number of restaurants and businesses whose only major parking and access is actual on Staples). A number of these businesses and the users of the area may use Spanish as their primary language. Thus, a coordinated, bilingual and pro - active public outreach and information program is desirable for this project. The scope presented below contains basic concepts with an eye to cost - sensitivity. Public outreach efforts require an interactive approach and often must be adapted as the project unfolds. 1) Ongoing Overall Project Coordination General Communication /Coordination For effective coordination, periodic meetings, emails, telephone calls and discussions will be held with representatives of the City, the consulting engineer and, once construction begins, the contractor's representatives. This will ensure prompt citizen notification of project and/or schedule changes. A log of telephone calls, contacts and one -on -one meetings will be kept and updated and will be included in the project notebook. One -on -one meetings, as discussed below, may also be set with certain of these groups. EXHIBIT "A -V Page 7 of 10 2) Public Outreach and Communication • Project Database — a limited database of adjacent residences, apartments, residences within one block of the project, businesses on or within one block, hospital /medical facilities, community leaders, local officials, appropriate city departments (i.e. solid waste services, Fire and others), Nueces County officials, CCISD officials, schools, churches, commercial waste haulers, CCRTA, and emergency providers /responders) will be developed and supplemented as the project continues. This will be used for any public or neighborhood meetings held before and during project development and construction. Persons attending these meetings will be added to the database. It will also be used to identify potential one -on -one interviewees or small groups that can be useful in assisting in public outreach and understanding for the project. This database along with other project communication will be included in a comprehensive public information /public involvement notebook to be furnished at the conclusion of the project construction. • Facebook page/Twitter Account —An account will be developed to update the public on the project as information is produced and/or traffic changes. These communication channels are not anticipated to begin until just prior to the pre - construction public meeting and will continue until project completion (28 months total). These pages will be developed so that they do not accept responses; however, appropriate contact information will be provided for those desiring additional information. Links to these pages will be provided to the City of Corpus Christi and the Corpus Christi Metropolitan Planning Organization (MPO) for inclusion on their websites. Twice a month updates are anticipated in the budget to keep the public informed. In meetings with small groups or individuals, information on the Facebook address will be provided. Changeable message signs in use along the project will provide Facebook contact information for those that use the route. The Twitter Account will be developed and can be used for scheduled monthly one -hour sessions with stakeholders to answer questions. Note that some of the materials and information will be developed in Spanish as discussed below. NOTE: Did not include website on this project, but can be added. Could use existing www.drivestapies.com Would add to labor budget and small amount to continue website for additional years. • One -on -one Stakeholder meetings- OA will organize ten (10) one -on -one stakeholder meetings with affected stakeholders and provide summaries EXHIBIT "A -1" Page 8 of 10 of those meetings to the project team. A member of the Engineering Design team will attend these meetings. Likely meetings to be held include Spohn Hospital (including EMS), CCRTA, coordination with county officials, particularly in terms of jury calls, and businesses along the corridor. It is anticipated that six (6) meetings will be held during the design phase and four (4) meetings will be held during construction. • Individual Communication with the Public Durinq Construction- OAwill be a point of contact during construction for members of the public who have concerns or questions. OA will either respond to the concernslquestions or route the individuals to the appropriate persons. Based on past experience, this is an important part of enhanced outreach and communication for certain projects and is very effective in assuring a positive public perception of the project. • Spanish Translation - Because of the nature of the businesses along this corridor and the patrons of these businesses, it is anticipated that some of the project information and updates will need to be translated, posted and distributed in Spanish. Some time has been allowed for these services, though it is not anticipated that information developed will be fully translated. Rather critical summary information will be developed in Spanish, including meeting notices. In addition, Olivarri staff can answer inquiries or questions from the public in Spanish. 3) Open Houses /Public Meetings (Two meetings) • The first meeting will be as the project begins to discuss design and will be held in a location convenient for those in the project area to attend and which is handicapped accessible. It is assumed representatives from the City Engineering Department and the Engineering Consultant will conduct the meeting. The meeting will be scheduled on a weekday late afternoon /early evening. It will be in an Open House format with opportunity for one -on -one discussion followed by a presentation on the project with opportunity for community input. OA will arrange the meeting location; provide sign -in sheets, comment forms and agendas; and provide assistance at the meeting. OA will send notices to those persons /organizations in the project database, coordinate with City Public Information to issue media releases promoting the meeting, and publish one display ad in the Corpus Christi Caller -Times in advance of the meeting. If possible, the City will provide an electronic message board to further publicize the meeting. Summary notes of the meeting will be EXHIBIT "A -1" Page 9 of 10 provided by OA to the City Engineering Department and the consultant following the meeting. Copies of all meeting information will be included in the project notebook. The budget includes expenses related to the two meetings including possible charge for meeting rooms, advertising in the Caller - Times, mailing of notices on the meeting and copying of materials to be distributed. The second meeting will be held following bid acceptance and also will include representatives from the construction contractor. Arrangements will be as detailed above in the first meeting for this project with OA. Summary notes of the meeting will be provided by OA to the Engineering Department, the engineering consultant and the contractor following the meeting. Copies of all meeting information will be included in the project notebook. Note: No funds have been allowed for rental of meeting locations in the budget. It is assumed meetings can be held at City Hall. Some addition funds have been allowed for published notices to contain summary information in Spanish. 9. GEOTECHNICAL ENGINEERING — PAVEMENT SECTION ANALYSIS (AUTHORIZED) 1) Identify service conditions and life -cycle projections (based on the Federal Highway Method) for proposed design. 2) Review copy of geotechnical report and supporting data, and identify preliminary alternative pavement design sections. 3) Prepare conceptual life -cycle analysis and estimates for each pavement section. 4) Develop recommended pavement sections. 5) Develop matrix evaluation criteria to include in the bid documents to assist the City during the Contractor selection process. 10. WARRANTY PHASE (ALLOWANCE) 1) Upon receiving authorization from the City to proceed, conduct 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, correct or replace improvements under the maintenance guaranty terms of the construction contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action. EXHIBIT "A -1" Page 10 of 10 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR AIE PROFESSIONAL SERVICESICONSULTANT 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 Form 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' LIABILITY 500,000/500,000/500,000 EXHIBIT "B" Page 1 of 3 K1Engineering DataExchange"GIEMISTREET1E12G% SOUTH STAPLES STREET FROM MORGAN TO IH37 BOND ISSUE 201214 EXHIBIT B INDEMNIFICATION - OCT 201a.aacx 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 policies; 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" Page 2 of 3 K: Engineedng DataExrhangeSANGIEMISTREET %E12096 SOUTH STAPLES STREET FROM MORGAN TO IH37 BOND ISSUE 201214 EXHIBIT B INDEMNIFICATION - OCT 2010.doex 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 Consultant shall 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 attorneys' 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 negligent performance of Consultant's services covered by 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. EXHIBIT "B" Page 3 of 3 K1Engineering DetaExd iangeLANGIEMSSTREET1E12096 SOUTH STAPLES STREET FROM MORGAN TO IH37 BOND ISSUE 201214 EXHIBIT B INDEMNIFICATION - OCT 2010.docx �X m_ � oQ �n Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No. 9 Amd No. 2 Contract Invoiced Invoice Invoice Commlete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250. $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 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% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% SUPPLIER NUMBER TO BE ASSIGNED BYG77 PURCHASING DIVISION City of CITY OF CORPUS CHRISTI c� 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 appiicable, answer with NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Naismith Engineering, f;*. 7;t c., I K 1 -161. 1 1C STREET ADDRESS: 4501 Gollihar Road FIRM IS: 1. Corporation[ 4. Association I n CITY: Corpus Christi ZIP: 2. Partnership ❑ 3. Sole Owner ❑ 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. 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) 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." I�a�I� � Title 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 4. State the names of each employee or officer of a "consultant" for the City of Corr�us 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." el — Consultant 78411 FILING REQUMEMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person : Title: (Type or Print) Signature of Certifying Person: + t✓ 1 ` DEFINITIONS a_ `Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non - profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. £ "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation.