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HomeMy WebLinkAboutC2013-016 - 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 HDR Engineering, Inc. a Texas corporation, 555 North Carancahua, Suite 1600, Corpus Christi, Nueces County, Texas 78401, (ArchitectlEngineer -- AIE), hereby agree as follows: 1. SCOPE OF PROJECT Leopard Street from Crosstown Freeway to Palm Drive Project No. E12103 — The scope of this project includes full -depth repair of the existing four lane roadway with partial center left turn lane. The existing right of way does not comply with the A -1 Arterial designation as indicated on the Urban Transportation Master Plan (UTMP) forthis roadway section, but right of way expansion is not recommended at this time. Improvements will include curb and gutter, wide sidewalks, Americans with Disabilities Act (ADA) curb ramps, pavement markings, and bus stop rehabilitation. Future bikeway requirements will require evaluation at the time of roadway design and shall conform to the adopted Bikeway Plan of the UTMPllntegrated Community Sustainability Plan (ICSP). 2. SCOPE OF SERVICES The AIE 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. AIE 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 AIE 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 AIE 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 ha rimm iirarl fnr roxAMInr by the City staff and maybe amended by or with the concurrence of 2013- 01( :ring Services. 1129113 M2013 -024 Contract for Engineering (AIE) Services Page 1 of 3 HDR Engineering Inc. FERXSTREETSIE12103 LEOPARD- CROSSTOWN TO PALM (BOND 2012)1CONSULTANT CONTRACTICONTRACT.DOC 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. A/E 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 $563,389.00 (Five Hundred Sixty Three Thousand Three Hundred Eighty Nine Dollars and Zero 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 AIE 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 (AIE) Services Page 2 of 3 K1ENGINEERING DATAEXCHANGEWENN ]FERISTREETST12103 LEOPARD - CROSSTOWN TO PALM (BOND 2012)1CONSULTA14T CONTRACTICONTRACT.DOC • s � r 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 A/E without the express written consent of the Director of Engineering Services. However, the A/E 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 A/E 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 /, 31. Oscar R. Martine Date Assistant City Manager RECOMMENDED 14' Daniel Biles, P.E., I Date Director of Engineering Services HDR ENGINEER / I�NG, INC. Carl E. Crull, P.E., Date Vice President 555 North Carancahua, Suite 1600 Corpus Christi, TX 78401 (361) 696 -3300 Office (361) 696 -3385 Fax Street Fund 3549 Bond 12 GO —�-� WasteWater 4251 2012A CIP Fund APPR VED AS TO FORM Storm Water, 3496 20128 CIP Fund Water 4092 2012B CIP Fund # o Gas 4556 - 2012A CIP Fund Office of Management bat and Budget I a ATTEST 2O� EUTERED P]Pr 3 1. A%o� Armando Chapa, City Secretary Fei�i v f a�e s s�b;R Leonard Street from Crosstown Frenwav M Palm nrivp [Prnipct Nn 1= 191 n 'qi Department Fund Source No. Amount Street 550950-3549-00000-E12103 $281,195.00 Wastewater 550950-4251-00000-E12103 68,157.000 Storm Water 550950- 3496- 00000- E12103 163,201.00 Water 550950 -4092- 00000- E12103 40,657.00 Gas 550950 -4556- 00000- E12103 10,179.00 Total $563,389.00 Encumbrance No. 3 64 hLb Contract for Engineering (. Services Page 3 of 3 KIENGINEERING DATAEXCHANGE WENNIFER%TREETS1E12103 LEOPARD - CROSSTOWN TO PALM (BOND 2012)1CONSULTANT CONTRACTICONTRACT.DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS LEOPARD STREET FROM CROSSTOWN FREEWAY TO PALM DRIVE PROJECT NO. E12103 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. 1. Preliminary Phase The Architect/Engineer -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. D 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 relocate 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, TDI_R, 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: 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 EXHIBIT "A" Page 1 of 9 Revised November 93, 2092 KMngineedng DataiExchangehJENNIFER ISTREETS1E12103 LEOPARD- CROSSTOWN TO PALM (BOND 2012)1CONSULTANT CONTRACT\Exhibit A.doc 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 steadies and plans. (as available from City Engineering files). d) Field location of existing city utilities. WE 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 anhr for the intended purpose of this project. Any 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 AIE will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocate 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). 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 EXHIBIT "A" Page 2 of 9 Revised November 13, 2012 K\Engineedng DataExethange \JENN1FERISTREETs1E12103 LEOPARD- CROSSTOWN TO PALM (BOND 2012)1CONSULTANT CONTRACT4Exhibit A.doc 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. @) Provide one (1) net ref the nre_ f plane and hied r o Vents (90% submi #.mil eles-t.re-nin- and full size haFd eepies using City Standards as appliGable) to the Gity Staff fGF review aAd appFgva p6iFpeses with revised estimates ef PFebable oests. h) Hold PFejeet 0 r-ev Meeting. PFepar-e meeting agenda and dist4bute meeting i i upon N etine to PFOGeerl i) 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 Property 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 priorto re -use of modified plans. k) 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. 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 or designee, Consultant has not adeguately 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 Revised November 13, 2012 ICIEngineering DataExchangeUENNEFERISTREETS IE121O3 LEOPARD - CROSSTOWN TO PALM (BOND 2012)ICONSULTANT CONTRACT1Exhibit A.doc 1 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. Bird Phase The AIE 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, 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 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 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 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 Revised November 13, 2012 K \Engineering DataExchangeWENNIFERISTREETS1E12103 LEOPARD - CROSSTOWN TO PALM (BOND 2012)1CONSULTANT CONTRAC'RExhibit A.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 applicationslestimates 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: a. U nion n Pasifie Railroad , II m sseur - i Paoifis Rgllrnad 1 ..il..... ..... :1- ......1 a ra ta -� I if _ b. TxDOT utility and environmental permits, multiple use agreements b+ Wetlands Delineation a d P..r...,it SSG NQI NOT) 9 0 • AIr even F`nr.* U.S. Fish and W Sew (USPAIS) I- 11 S A FFny Gerps of F ( S A G I . ........ ai�. vvi� 1. Texas Department of Licensing and Regulation (TDLR ) n. Other agency project - specific permits 2. Right -of -Way [ROW] Acquisition Surve 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. 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. AIE must obtain Preliminary Title Reports from a local EXHIBIT "A" Page 5 of 9 Revised November 13, 2012 KaEngineering DalaExchangeUENNIFERISTREETS1E12103 LEOPARD - CROSSTOWN TO PALM (BOND 2012)1CONSULTANT CONTRACnExhibit A.doc 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. Topographic 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 soillpavement 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. j) 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. 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 EXHIBIT "A" Page 6 of 9 Revise d November 13, 2Q12 K:1Engineering OataExchangelJENNIFERISTREETS1E121O3 LEOPARD- CROSSTOWN TO PALM (BOND 2012)1CONSULTANT CONTRAC11Exhibit A.doc 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 for the 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. ii) Utility Location — The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One -Call Notice and measuring the marked locations. iii) Storm Water — Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater — Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction - related excavation shall be located at Quality Level A. 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 AIE. 6evel 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 lines during construction. 7. Construction Observation Services. To Be Determined S. 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. 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 underthe 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. EXHIBIT "A" Page 7 of 9 Revised November 13, 2092 K\Engineering DataExchange \JERN1FERISTREETST12103 LEOPARD - CROSSTOWN TO PALM (BOND 2012)1CONSULTANT CONTRAMExhibit A.doc Provide the services above authorized in addition to those items shown on Exhibit "A -1" Task List, which provides supplemental description to Exhibit "K. Note: The Exhibit "A -1" Task List does not supersede Exhibit "A ". II. SCHEDULE Date Activi Jan 6, 2013 NTP April 5, 2013 Draft ELR submittal April 17, 2013 City Review April 30, 2013 Final ELR submittal September 27, 2013 60% Design Submittal October 25, 2013 City Review January 10, 2014 100% Final Submittal January 21, 2014 Advertise for Bids January 29. 2014 Pre -Bid Conference February 5, 2014 Receive Bids February 18, 2014 Contract Award April 21, 2014 Begin Construction May 29, 2014 Complete Construction 11111. FEES A. Fee for Basic Services. The City will pay the AIE 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 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 AIE's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. FeF sewises provided iR Sertion I.A.4, the statement will be based upon City will make prompt monthly payments in response to AIE's monthly statements. 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 #able below: EXHIBIT "A" Page 8of9 Revised November 13, 2012 K\Engineering DataExchange \JENNIFERISTREETS1E12103 LEOPARD - CROSSTOWN TO PALM {BOND 2012}1CONSULTANT CONTRACT4Fxhibit Adoc Summary of Fees Basic Services Fees 1. Preliminary Phase $56,943 2. Design Phase $191,337 3. Bid Phase $14,500 4. Construction Administration Phase $62,700 Subtotal Basic Services Fees $325,480 Additional Services Fees (Allowance) 1. Permit Preparation * $5,000 2. ROW Acquisition Survey and Parcel Descriptions $21,965 3. Topographic Survey and ROW Survey* $101,718 4. Environmental Issues * $10,021 5. a.) Public Involvement (2 Meetings) * $4,800 5. b.) Public Involvement (Comprehensive Approach) To Be Determined 5. c.) Public Involvement (Additional Tactics) To Be Determined 6. a.) Subsurface Utility Investigation $62,905 b.) Video Inspection of lines $27,500 7. Construction Observation Services To Be Determined 8. Start -up Services NIA 9. Warranty Phase $4,000 Sub -Total Additional Services Fees Authorized $237,909 Total Authorized Fee $563,389 *Additional Services which are authorized upon the Director of Engineering Services' authorization of notice to proceed for Basic Services. EXHIBIT "A" Page 9 of 9 Revised November 13, 2012 K\Engineering DataExchangeLJENNIFERISTREETS 1E12103 LEOPARD - CROSSTOWN TO PALM (BOND 2012)ICONSULTANT CONTRACTWxhibit A.doe EXHIBIT "A -1" CITY OF CORPUS CHRISTI, TEXAS LEOPARD STREET FROM CROSSTOWN FREEWAY TO PALM DRIVE PROJECT NO. E12103 BOND ISSUE 2012 1. SCOPE OF SERVICES The following scope of services appends Exhibit "A" of the Leopard Street contract. Any items of Exhibit "A" not intended to be appended by Exhibit "A-1" are listed as "NIA ". A. BASIC SERVICES 1. Preliminary, Phase a) City Council Meeting —A maximum of 5 slides will be developed by the AIE and coordinated with City staff for presentation of the project to the City Council. b) NIA c) AIE will coordinate with City's geotechnical engineer to obtain existing pavement data and analysis. d) NIA e) NIA f) The AIE will utilize the FHWA method for life cycle cost analysis for the project. A maximum of 1 life cycle scenario will be run for the project. g) NIA h) NIA i) The drainage areas studied for the project are the current contributing areas along the centerline of Leopard St from Palm Street to SH 286 which directly drain into the existing Leopard Street underground storm sewer. The contributing drainage areas for the Salt Flats Levee box culvert will not be analyzed. An assumed tailwater elevation for the Salt Flats Levee box culvert will be used for the design of the proposed Leopard Street storm sewer within the previous stated limits. j) The existing storm sewer system for Leopard Street within the scope limits will not be analyzed in its entirety due to its aging infrastructure and flooding history. k) NIA 1) NIA m) NIA n) NIA o) Construction sequencing will include the AIE developing a conceptual traffic control phasing schematic. p) NIA q) One four hour meeting is assumed for the preliminary review meeting of the draft ELR. r) NIA s) One four hour meeting is assumed for the capital project oversight committee meeting. If the capital project oversight committee meeting result in significant changes to the original scope of the project, the Leopard Street contract will be amended to incorporate the revised scope effort. EXHIBIT "A -1" Page 1 of 9 City staff will provide one set of the following (as applicable): a) NIA b) NIA c) NIA d) NIA e) The City will provide more extensive GIS utility mapping beyond what is available on the City's website. f) NIA g) Schedule project review meetings and invite appropriate attendees. 2. Design Phase a) NIA b) NIA c) AIE will coordinate with City Gas Department to show any proposed gas lines within the project limits in plan view. d) 1. One traffic control plan concept will be included in the project plan set. e) NIA f) The 60% review will consist of one meeting with City staff. Additional 60% review meetings requested by City staff will require the Leopard Street project contract to be amended to include these meetings. g) NIA h) NIA i) NIA j) NIA k) NIA 1) NIA m) NIA City staff will: a) NIA b) NIA c) NIA 3. Bid Phase a) NIA b) NIA c) NIA d) NIA e) NIA f) A maximum of five slides will be prepared and coordinated with the City for their presentation to the City Council. City staff will: a) NIA b) NIA c) NIA d) NIA 4. Construction Administration Phase a) NIA [EEXH:IBIT "A -1" 2of9 b) NIA C) NIA d) NIA e) Project site visits will utilize a weekly maximum of 5 hours. Any additional time spent on the project site at the request of City staff will require the project contract to be amended to accommodate the agreed upon additional hours. f) NIA g) NIA h) NIA City staff will: a) NIA b) NIA c) NIA 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. A/E 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 A/E shall, with written authorization by the Director of Engineering Services, perform the following services which append Exhibit "A" Additional Services of the contract: 1) Permit Preparation NIA 2) Right -of -Way [ROW] Acquisition Survey A/E will provide ROW acquisition surveys limited to 10 parcels. All work shall 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 shall be tied to and be in conformance with the City's Global Positioning System (GPS) control network. All work shall comply with all TxDOT requirements as applicable. a) A/E shall obtain Preliminary Title Reports from a local title company and provide copies of the title reports to City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right -of -way to be acquired. b) 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. c) 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 to City prior to the 60% submittal. 3) Topographic Survey and ROW Survey All work shall 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 =EXHIBIT "A -'I°' of9 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 inverts for all accessible covers for 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. j) 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) Generate electronic existing surface for use in project design. m) Provide traffic control with surveyor ahead warning signs, warning strobe light and safety vests. n) Perform surveys to determine apparent right -of -way widths. o) 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. p) Draft a preliminary base map containing apparent ROW, which will be used by the AIE 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. 4) Environmental Services - Provide an environmental Phase 1 Assessment to identify potential contaminants within the Leopard Street project limits. Phase 1 services will consist of the following: a) Site reconnaissance for general site conditions, identification of suspect properties, and presentation of possible environmental problems. b) Prepare ASTM E1527 -05 standard report. EUSBIT "A -1" Page c) Review historical records which include historical aerials of the locations that are suspect. Additional historical records that may be researched are historical maps, Sanborn maps, old phone directories, deed restrictions etc. d) Review of TCEQ databases including underground storage tanks, hazardous spills, land fills, and review of City directories. e) Research the following databases: i) Review of Superfund national priorities list (NPL) ii) Comprehensive Environmental Response and Liability Act System (CERCLIS), and No Further Response Action Planned (NFRAP) sites, RCRA facilities, Emergency Response Notification System (ERNS) iii) Solid waste facilities and landfills (SWFILF) iv) Toxic Release Inventory Systems (TRIS) databases site, Facility Index Systems (FINDS) which are maintained by the US EPA. v) State Hazardous Waste Site (SHWS) 5) A.) Public Involvement (2 Meetings) AIE will provide public involvement services for scope stated in Exhibit "A" 1.13.5. B.) Public Involvement (Beyond Basic,) Although the only requested services in Exhibit "A° 1.13.5 involve a basic approach to public involvement, the purpose of this public involvement plan is to identify and outline the goals, objectives, stakeholders, key messages and tactics that may be employed to fulfill a more rounded approach to the pre - requisite scope identified in the Leopard Street Project (E12103) Exhibit "A" 1.13.5 by the City of Corpus Christi. Primary goal of the public meetings is to provide a platform for community engagement and information sharing during planning and construction phases of the project. Goal objectives are to inform and increase awareness early in the process and throughout the project and engage community stakeholders in useful dialogue on the planning process and construction issues as they are identified. Primary stakeholder estimates are 25 businesses, a nonprofit organization, 6 residential dwellings and commuters traveling to /from downtown, the Crosstown Expressway and the northwest part of town. Messaging will shift as the project phases progress. Initial messaging will focus on awareness of the project in the area, continuing into the design process and throughout construction completion. Public meetings should be tentatively scheduled for May 2013 and March 2014 in alignment with the project schedule. The City of Corpus Christi will provide the following services: a) Coordinate with AIE on public meeting logistics including location, date, and time. b) Compile residential and business address list and provide A/E with a copy to identify project target audience. c) Print and coordinate direct mail services for public meeting notices to identified stakeholders and residents prior to each public meeting. d) It is imperative that a media advisory be prepared to inform the surroundin areas of the public meeting since direct mail is only being distributed to the immediate project area. Commuters need to be aware of the project and allowed to engage in the process The City will prepare and distribute a public meeting media advisory to local print, TV and radio media outlets prior to each public EXHIBIT "A -1" Page 5 of 9 meeting. Follow -up with media on day of public meeting is recommended if coverage is desired. A/E will provide the following services: e) Draft public meeting notices as directed by City Engineering Dept. f) Identify and compile a list of project area schools, retail and business locations (in addition to the City - provided list, only if needed) to assist in promotion of the public meeting by displaying posters or distributing flyers. The public meeting must be promoted in the "places people goo on a day -to -day basis in their neighborhoods. Once these entities are initially identified, the only task for subsequent public meetings is delivering new promotional materials. g) Create and distribute posters and flyers to identified locations. h) Electronic communication via email is the most cost- effective method for p romoting the public meetings. Continually building an email contact list and communicating with stakeholders electronically will save the City money over the course of the project. No additional time or resources will be spent to further identify email that are not readily available or provided in advance. Once the City provides the residential and business address list, AIE will build an initial email list (matched from an in -house contacts database) that can be used to promote the public meetings electronically. i) Electronic notices will be distributed via email to the email contact list prior to each public meeting. j) Coordinate with City of Corpus Christi Engineering Dept, to promote the public meeting on the current Facebook page. k) Develop citizen comment card that can be completed and turned in at the public meeting or returned by mail. 1) Prepare one PowerPoint presentation per public meeting with a maximum of fifteen slides. m) Design and print maximum of five handouts or brochures or a combination thereof per public meeting. n) Coordinate, set -up and staff the public meeting. This includes, but is not limited to communication with personnel on location (provided by the City) regarding when to arrive, meeting set -up floor plan, ordering refreshments, work check -in table to encourage attendees to share their contact information for future electronic communications, etc. o) Public meeting follow -up tasks including, but not limited to draft and prepare meeting notes and update contact list. p) Coordinate with City of Corpus Christi Engineering Dept. for a post - meeting update on the current Facebook page. q) Follow -up and respond to citizen and business comments as needed. C. Public Involvement Additional Tactics (In addition to services in 5.B.) Although the only requested services in Exhibit "Au 1.13.5 are the public meetings, we strongly recommend some additional services to provide a more comprehensive EEXH:IBI:T "A -1" of9 context for the street improvement project, build on the momentum of the voter - approved bond and ensure a positive perception of the project by the public at- large. Secondary stakeholders are identified as City Council, City senior staff and stakeholder organizations such as the school district, area chambers and transportation entities. Below are some additional tactics that can be added to the initial scope should the project require such services. r) Advance Communications - in advance of project commencement, send a project announcement direct mail piece to an extended area (Central Corpus Christi) beyond the project area with a call to action to go to a static one -page website with general project information and a submission form to opt -in to the mailing list or e- newsletter distribution list. s) Traditional Media Outreach - considering the high volume of commuters traveling the Leopard corridor, it is imperative to keep the community updated on project progress, closures and detours. Weekly news releases and/or media advisories will be the main source of information for majority of the community. t) Caller Times Ad promoting each public meeting. u) E- Newsletter - an electronic newsletter will be designed and utilized for the project but it is recommended that a quarterly update be sent to stakeholders in addition to e- newsletters focused on meeting announcement and follow -up. The newsletter will be distributed via email to the project area contact list and additional stakeholders in the community. v) Social Media Integration - link on micro -site to City Engineering Dept. Facebook page and develop content based on project milestones, announcements and updates. w) Project Web Site - a combined City of Corpus Christi Bond 2012 Street Improvement website is recommended. If that is not feasible, we suggest a smaller micro -site for each project requiring public involvement. Working with the City Engineering Department and MIS staff, the site(s) will have integrated features some of which may be retained by the City for use after project completion. The micro -site will be divided into the following components: i) Project home (1) Landing page which has overall explanation of the project and headlines /links to the most current information ii) Project Map & Schedule (1) Maps - construction and potential detour routes (2) Schedule - construction timeline & phases iii) Construction Updates (1) As needed throughout the completion of the project. iv) Public Involvement (1) Meetings and presentations (2) List of potentially affected neighborhoods and businesses v) Newsroom (1) Links to current and past news releases and media advisories EXHIBIT "A -1" Pa e 7 of 9 (2) Links to recent media coverage regarding the project vi) Stay informed (1) Register for electronic newsletter (2) Contact information for City Engineering Dept 6) A.] Subsurface Utility Investigation a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C -I, 38 -02, Standard Guideline for the 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) Hydro Excavation -- The survey scope includes hydro excavation to perform Quality Level A investigation of underground utilities in five (5) specified areas through the project limit. (Quality Level A involves the use of hydro equipment at critical points designated by A/E 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. The initial fee for hydro excavation is limited to 9 days and includes the cost for concretelpavement cores before excavation and traffic control. The City will provide a designated disposal site for the hydro tailings (slurry from the excavated holes). ii) Utility Location — The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One -Call Notice and measuring the marked locations. iii) Storm Water — Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater — Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction - related excavation shall be located at Quality Level A. 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 A by A/E. The City of Corpus Christi Gas Department will provide Quality Level C. 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 lines during construction. EXHIBIT `$A -1 Pa e8of9 B.) Televised Inspection of Wastewater and Stormwater Lines- For wastewater trunk line within the project limits, clean and televise lines. Review video tapes of the line to ascertain their condition. Based on this assessment, provide recommendations for repair, rehabilitation, or replacement. Televised inspection services are not included for lateral wastewater lines providing service to the abutting residential neighborhoods or commercial properties. Based on the assessment of the trunk line along Leopard, AIE will provide recommendations for additional televised inspection of these lateral wastewater lines. 7) Construction Observation Services - Construction observation services are not included as part of the scope for this project. The AIE can provide a scope and fee for construction observation services if requested by the City. 8) Start-up Services — NIA 9) Warranty Phase — NIA E IBIT "A -7" e9of9 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 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 / $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 EXHIBIT "B" Page 1 of 3 C: LUsersSienniferrlAppDatahLoral \MicrosofKWiindowslTemparary Intemet Files\Content.OuNooklG4NOOWJHkI EXHIBIT B INDEMNIFICATION - OCT 2410.d= 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 Q1UserskjennifenhAppDataSLocalWicrosoftlWindowslTemporary Intemet Files %Content.OutlooklG4NOQWJHI4 EXHIBIT B INDEMNIFICATION - OCT 2010.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 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. � J EXHIBIT "B" Pa e3of3 C:\UsersVennif !rTWpData \l_ocal\Microsoftk indowslTemporary Intemet FileslContent.Outlook \G4NOQWJHW EXHIBIT B INDEMNIFICATION -OCT 2090.docx mg � 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.1 Amd No. 2 Contract Invoiced Invoice Invoice CO mDle te $1,000 $0 $0 $1,000 $0 $1,000 $1 000 1 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 $12,997 $1,250 $1,500 $3,000 2396 SUPPLIER NU1 WER TO BE ASSIGNED BYZITY PURCHASING DIVISION %.0%r�.0- City of CITY OF CORPUS CHRISTI ti 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. Caraneahua, Suite 1600 CITY: Carp Chri sti ZIP; 78401 FIRM IS: 1. Corporation ® 2. Partnership e 3. Sole Owner ❑ 4. Association 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) N.A. 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 N.A. 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 N.A. 4. State the names of each employee or officer of a "consultant" for the City of Corus Christi who worked on any matter related to the subject of this contract and has C ownership interest constituting 3% or more of the ownership in the above named "firm." Name Consultant N.A. FILING REQUIREMENTS 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: Carl E. Crull, P.E. Title: Vice - President (Type or Print) Signature of Certifying Date: Person: 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. c. "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. f. "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.