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HomeMy WebLinkAboutC2013-253 - 8/27/2013 - Approved AMENDMENT NO. I TO CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nu es County, Texas 78469-9277(City)acting through its duly authorized City Manager or Designee (Director of Engineering Services) and Freese and Nichols, Lnc., a Texas corporation, 800 N. Shoreline Blvd, Suite 1600N, Corpus Christi, Nueces County, Texas 78401, (Arch itect/Eng ineer—AIE), hereby agree as follows: 1. SCOPE OF PROJECT Master Channel 31 Drainage Channel Excavation(_ _ .2236)—Project includes improvements to the Master Channel 31 drainage channel from Lipes Drive extending approximately 7,500 linear feet downstream past Cimarron Drive tot storm drainage outfall of the Yorktown Blvd. Phase 2 project just upstream of Rodd Field Road. The project will address slope repair, slope stabilization, and re-grading aft channel. The project also includes adding concrete slope protection at two bends in the channel downstream of Cimarron Drive and will also repair several storm drainage pipe outfalls that are causing erosion aft slope embankment. 2® SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifi cations, and bid and contract documents. In addition,A/E will provide monthly status updates (project progress or delays,gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), gnd written authorization is provided by the Director of Engineering Services. A/E services will be"Services for Construction Projects"-(Basic Services for Construction Projects") is are shown and are in accordance with"Professional Engineering Services- A Guide tot Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes oft is 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 or 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 2013-253 in Services. 8/27/13 Amendment o. 1 Page 1 of 3 M2013-131 STORM WATERV-235 MASTER CHANNEL 31 DRAINAGE CHANNEL EXCAVATIONVkMENDMENT NO I-AGENDA ITEM111 Freese and Nichols Inc. itinF-WED The Director of Engineering ice it c to undertake additional services r tasks r vi that no increase in fee is required. is s or tasks r uirin n increase of fee will be mutually r vi nc in writing as an amendment to this contract. H notify i Corpus Christi within three ( ) days of notice if tasks r st requires iion I fee. 4. INDEMNITY INSURANCE agrees to the mandatory contract in ific ti insurance requirements as set forth in Exhibit "B". 5. FEE In the original contract, Exhibit "" shall be modified for a total fee not to exceed 7. (Thirty ix Thousand iv Hundred i ghty Seven Dollars r ns), for restated not to exceed (Seventy Six Thousand Three un r Twenty Four Dollars and r ) as shown in the attached Amendment No. 1, Exhibit "A". . Monthly invoices ill be submitted in r c e with Exhibit " 6. TERMINATION T The City y, at any time, it r without cause, in i contract upon seven y written notic address of record. In this v , will be compensated for its services on all stages authorized upon and i s estimate of the proportion f the total services c u lly completed i of termination. . LOCAL PARTICIPATION The City Council's stated policy is that City n i ur s on contracts for professional services be of maximum benefit to the local economy. T agrees that at least 75% f the or described herein ill be performed by a labor force residing wi in the Corpus Christi Metropolitan Statistical Area ( ).Add. Additionally, no more than % of the or described herein will be performed labor force residing outsi r Christi Metropolitan Statistical Area ( .) B. 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 ri r written consent f the City, except for routine duties delegated to rs n l of the AIE staff. I is a partnership, then in n of the termination f the partnership, this contract ill inure in ivi u l fit of such partner or partners as the City si f the AIE fee may be assigned in advance of receipt y without written consent i . The City will not pay the fees of expert or technical assistance and consultants unl s such employment, inclu i rate of compensation, s been approved in writing by the City. Amendment Noe 1 Rage 2 of 3 K 4ENGINEERING DATAEXCHANOMNGIEA&STORM WATER12235 MASTER CHANNEL 31 DRAINAGE CHANNEL EKCAVATIO ENDMENT NO i.AGENDA ITE t CONTRACT PROFESSIONAL SERVICES DOC 9. OWNERSHIP OF DOCUMENTS II documents including contract doc n (plans specifications), r c r r i , contractor's field submittal data will be the l r of the City, not be used i by the A/E without the x r written consent f the Director of Engineering Services. However, use r d details that are not specific tot this r j c . The City agrees that any modification of the plans will be evidenced on the Ins, and be signed I ed by a professional engineer prior to re-use f o ifi Ins. 10. DISCLOSURE INTEREST further agrees, in compliance wi i of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, isclos of Interests form. I CHRISTI - I , I l Mark n I ck, n z n, Interim Assistant City r Principal for Public Works & Utilities 800 N. Shoreline Blvd, Suite 1 Corpus risti® TX 78401 RECOMMENDED (3 1) 561-6500 Office i I iI s, P. E., Date it f n i ne i is I ENTERED 01 I i ry t JUL it f t t e and Street r i APP VIED AS TO FORM Project No. 2235 '710/ Find e: Storm Water CIP Fund Fund Sourc s ®. s 0950-3495-00000-160092 r f t Date Encumbrance No. and Budget ATTEST 11-31 AU I ti r ando Chapa, tity Secretary ,`L ......... �FrRFr*A Amendment No. 1 Page 3 of 3 K%ENGINEERING DATAExC GE GIE TORM WATERU235 MASTER CHANNEL 39 DRAINAGE C NEL EXCAVATIO ENOMENT NO t-AGENDA ITEW CONTRACT PROFESSIONAL SERVICES OOC EXHIBIT "A" CITY OF CORPUS CHRIST], TEXAS Master 11 Drainage Channel Excavation (Project No. 2235) I. SCOPE OF SERVICES BASIC A. I or the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. bN Held PFeJ8at4Qek-e#4Aee1 ® r se--be- 4.0 IRG8FPeFate 11k, sepaKh that Fnay ha 31 1361, d+.4"biLetf:eet4iq1-..i..g and ldeAti SUPPISMAg B r s r p B r s r r . 1 EXHIBIT"A" Page of Revised November 13,2012 K kEngineenng DataExcbzngeVkNGIEMT0RM WATER12235 MASTER CHANNEL 31 DRAINAGE CHANNEL EXCAVATIONtAmendment Na 1-Agenda Itemt2 Master Channel 31 amendment EXHIBIT A LARGE AE REVISED Novimeber 2012 doe m 1 I 1 / / r 1 1 1 I A 111-111 the Final Y m ® 1 e 1 ® t 1 1 1 i 1 1 1 1 ° k 11 1 1 I 1 7 I The records provided for use under this contract , copyrighted, and authorized for use I , and gtily for the intended purpose of this project. ri zO UM _ _qr distrilbution of the records provided this is strictly prohibited. 2. i_ can approval of reli ina phase, designated by receiving authorization to proceed, the AIE will: . EXHIBIT " Page 2 of 9 Revised November 13,2012 KtEngoneenng DataEz VkNGIE TORM WATERII MASTER CHANNEL 31 DRAINAGE CHANNEL EXCAVATId endment No 1-Agenda Item12 Master Channel 31 am"Iment EXHIBIT A LARGE AE REVISED Novineber 2012 doe } Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and ut relocated to accommodate the ro os improvements, } 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). Prepare construction plans in compliance with CPPSCF using English units on "x 3 6" plan sheets that can be reduced o 11"x 1 ". 1 Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing I n sheets,warning and barricades,as well as standards sheets for barricades,traffic control plan,work zone pavement markings and sin e. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. biesep sommeRts, as a Provide on (1) set of the pre-final I ans and bid documents ( % submittal - electronic and full-size hard copies using i t o r s as applicable) tote City staff for review and approval ur oses with revised estimates of ro a le costs. h) Hold Project % review meeting. Prepare ee in g agenda and i tri ut a in meetings to tten es within five working as of the meeting. Assimilate all review comments, and incorporate any requirements into the l ns and specifications, n advise i of responding and non-responding partici nts as appropriate an ,upon Notice to Proceed. i) Provide one (1) set of the final (100%) plans (unsealed n u st -electronic and full-size hard copies using i t n r s as applicable)for City's final review. j} Assimilate all final review comments Upon approval by the Director of n in erin Services, provide one (1) set of the ' I plans and contract documents (electronic and full-size r copies using i n rds as applicable)suite I for reproduction. Said bid documents neo co the_Ahared intellectual propefty of the City of r us 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 a professional engineer prior to re-use of o ifs plans. Provide Quality ssur ncl uali Control (QA/QC) measures to ensure that submittal of h interim, pre-final(if required), final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and not necessitate an excessive amount of revision and correction E IT ii " e 3 of 9 November 13.2012 K%Ergineenng DataExchongetANGIEMSTGRM WATER 35 MASTER CHANNEL 31 DRAINAGE CHANNEL EXCAVATII} ant No t Agenda Hal Master Channel 31 ornendal EXHIBIT A LARGE AS REVISED Novineber 2012 doe by City. Additional revisions or design submittals are reguired (and within the g2Me of Consultant's duties under this contract) if, in the Minion oft Cily Engineer or desianee.Consultant has not adeauatelv addressed CibL-provided review comments or provided submittals in accordance wi i stn dards 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. The City staff will: a) Designate an individual to have responsibility, authority,and control for coordinating activities fort construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. C) Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The 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,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 A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions tot 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 fort 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:. AMD.NO. I EXHIBIT"A"' f Page 4 f 9 P 0 9 R evil November m r evised=November 13,20)]12 KkEnineeiring DaIaExChange%ANGIEM%S70RM WATER 36 MASTER CHANNEL 31 DRAINAGE CHANNEL EXCAVATIMAtnendment No 1-Agenda ltem%2 Master Channel 31 amendment EXHIBIT A LARGE AE REVISED Nowneber 2012.dw 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 aft contract documents fort contractor and authorize required changes, which do not affect the contractor's price and are not contrary tot general interest oft 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 or 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 changes which do not affect the contractor's price and are not contrary tot 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.1 or later) within two(2)months of final acceptance oft project.All drawings shall be CADD drawn using dwg format in Auto CAD, and graphics data will be in dxf for with each layer in provided in a separate file. Attribute data will be provided in ASCII format in tabular for 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. 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:: I Permit PMparation, (NOT AUTHORIZED) Furnish the City all engineering data and documentation necessary for all required permits, The A/E will prepare this documentation for all required signatures, The A/E will prepare and submit identifi ed permits as applicable to the appropriate local, state, and federal authorities, including: a, Union Pacific Railroad, Missouri Pacific Railroad, or any other railroad operating in the area b. T utility and environmental permits, multiple use agreements C. Wetlands Delineation and Permit d. Temporary Discharge Permit 8 NPDES Permit/Amendments (including SSC, NOI NOT) EftviA D. M ll� NO. I EXHIBIT"All X PP g. age 5 of 9 ev's oI sed November 13.2012 K%Enginearing Data ExchangMANGIEWSTORM WATER12235 MASTER CHANNEL 31 DRAINAGE CHANNEL EXCAVATIOMArnandment No 1 Agenda Itern%2 Master Channel 31 aw"mnftment EXHIBIT A LARGE AE REVISED Nomeber 201240C Texas Commission of Environmental Quality (TCEQ) Perm its/Amendments 9. Nueces County h. Texas Historical Commission (T C) i. U,S. Fish and Wildlife Service (USFWS) i. U.S. Army Corps of Engineers (USACE) k. United States Environmental Protection Agency (USEPA) I. Texas Department of Licensing and Regulation (TDLR M. Texas General Land Office (TGLO) n. Other agency project-specific permits 2. Right-of-Way (ROW)Aeguisition Survey. (NOT AUTHORIZED)All work must comply with Category 9- , 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 T 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.A/E must obtain Preliminary Title Reports from a local title company and provide copies of the title reports tot 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 tot 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 Surve and ParceiDes ri Rt Y ions(NOT AUTHORIZED)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 oft Texas Society of Professional Surveyors'l'!. Manual of Practice for Land Surveying in the to 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 of 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 sail/pavement core holes as drilled by the City's Geatechnical 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 utility engineering (SUE) shall be provided as part oft scope of work for SUE. ® NO. I EXHiBIT"All Page 6 of 9 Revised November 13.2012 K%Engineennq DataExChanga%ANGJEM%ST0RM WATER12235 MASTER CHANNEL 31 DMNAGE CHANNEL EXCAVATION%AmendmeM No I-Agenda ItamU Mante e Cnannal 31 awndment EXHIBIT A LARGE AE REVISE®Nomeber 2012 doc i) Locate improvements itin the apparent ROW. )) Locate and identify trees, at least five inches in diameter within the apparent k) Generate electronic planimetric base map for use in project design. 1} Set property corners and prepare right of way strip parcel map depicting II parcels proposed for acquisition. Metes and bounds descriptions must indicate rent tract areas based on the most accurate information available. Stri a will show entire parent tracts at"not to scale" and for information only. All existing easements iin the parcels to be acquired and those within adjacent parcels must be shown. Prepare individual signed and sealed arel maps and legal descriptions for the required right of y acquisition for parcels and easements. A strip showing II parcels required ill be submitted along it rcel descriptions. Additional fees may be required in resolving oun conflicts between Owners. shall submit rc I maps and legal descriptions prior to the % submittal. 4. Environmental Issues. (NOT AUTHORIZED)Identify n d develop a scope of ork for any testing,handling and disposal of hazardous t ri Is and/or contaminated soils that may be discovered urin construction. 5. Rectify 12R2gEljqhj5i - ( ) T will receive the topographic survey (provided by the City)and perform quality control review,cl n-u c (louts on the r in (s), fill-in incomplete line work, and add known existing iliti s to the drawing(s). fneecri,, Ishall be held 6. Subsurface p 8 r till Investigation (NOT AUTHORIZED) Provide subsurface utili n ine rn in accordance with Standard - 1, - 2;Standard Guideline for the Collection and Depiction of xistin 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 uili excavator to perform Quality Level A investigation of underground utilities in specified areas through th roj ct limit. (Quality Level A involves the use of nondestructive digging ui nt at critical points to determine the horizontal and vertical position of underground utilities, as well as the e, size, condition, material, and other characteristics.) Utilities located at this quality level ill be physically located n tied to the topographic su y control. The utility will be identified n 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 bove ground utility facilities, such s manholes,, valve boxes, posts, etc., and correlating this information with existing utility records.) T s utilities will be located by obtaining a One-Call Notice and measuring the arks locations. . EXHIBIT"All Page 7of Revised ovemb r 13,2012 KIIEngina nng Da1aEx:han9*%NG1EMW0RM WATER 35 MASTER CHANNEL 31 DRAINAGE CHANNEL EXCAVAT90IIAAmendment No 1--Agenda Item12 Master Channel 31 amendment EXHI IT A LARGE AE REVISED Novineber 2012 doe iii} Storm Water—Storm water facilities it in the project limits will be located Quality Level C. Locations will be based on the surveyed locations of accessible storm t r manholes and drainage inlets. iv} Wastewater—Wastewater facilities within the roj c limits will be located to Quality v l C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced s part of this project and that fall within the footprint of construction-related exc v tion shall be located t Quality Level A. V) Water — Water facilities within the roj ct limits will be located to Quality Level C. vi} Gas—Gas facilities within the project limits will be located to Quality Level by the A/E. The City of Corpus Christi Gas Department will provide Quality Level A. will coordinate this activity. } 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. (NOT AUTHORIZED) To Be Determined 8. Start-up Services. (NOT AUTHORIZED) Provide on-site services n verification for all start-up roc r s during actual start-up of major Project components, systems, n related appu enanc s if needed and required. 9. r (AUTHORIZED) Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to in in, repair,fax, restore, ch, or replace improvement un r the int n nc guaranty terms of the contract. ocu t the condition and prepare a report for te City staff of the locations and conditions requiring action,with its recommendation fort tat o or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty ) days prior to the end of the maintenance urn period. Provide the services above authorized in addition tothose items shown on Exhibit"A-1"Task List, which provides supplemental description to Exhibit" ". of xhi it" -1"Task List does not supersede Exhi i "A". I® SCHEDULE Date ctivi 5 Days.,frorn NTP of 1 Pre-Final Submittal 14 Da s i ty eview 1 Days Final Submittal 7 Days Advertise for Bids Days Pre-Bid onf r nc 14 Days Receive Bids Days Contract Award 45 Days Begin Construction 12 Complete nstrucion . I I "A"" a e of vise November 13,2012 KAEngineefing OateEx npe Gl TCR WATER 35 MASTER CHANNEL 31 DRAINAGE CHANNEL 11KCAVATIONlArnandment No 1 Agenda I1ans12 Master Channel 31 amendment EY.iIEIT A LARGE AE REVISED Nomeber 2012 d®c III® FEES A. Fee for ic Services. The City will pay a fixed fee for providing for all"Basic Services" authorized r the table la s for Basic Services will not xcee those identified an will be full and total c ns ion for all services outlined in Section I.A.14 above, and for all expenses incurred in performing these services. T for t project is j availability i directed i ng receipt and appropriation of funds. For services rani in Section I. .1 will submit onthly statements for basic services r n r . In Section I.A.1- , the statement will be based upon `s estimate (and i City's concurrence) aft ro orti n of the a# l services actually completed at the time of illi or services provided in Section I.A.4, the statement ill be based upon the percent of completion of the construction contract. i ill make prompt monthly payments in response to A/E's monthly statements. B. Fee r Additional Services. For s is s authorized by the it ctor of n in rin Services under Section I.B. "Additional is s,"t City will th not-to-exceed fee as perthe table below: Summary of Fees Original c Amend. No. 1 Tota t BASIC Contra SERVICES 1 Preliminary Phase $2,640.00 $2,622.00 $5,262.00 2 Design Phase 28,000,00 23,579.00 $51,579.00 3 Bid PFase 3,100.00 3,112.00 $6,212.00 4 Construction Phase 3,100.00 3J87.00 $6,287.00 Sub-Total Basic Services 36,840.00 32, 0.00 $69,340.00 ADDITIONAL SERVICES 1 Permit Preparation 0.00 0.00 0.00 2 ROW Acquisition Sumy 0.00 0.00 0.00 Topographic Suney and Parcel Desciptions 0.00 0.00 0.00 4 EmAronmental Issues 0.00 0.00 0.00 5 Rectify Topographic Sumy 2,897.00 0.00 2,897.00 6 Subsurface Utility Investigation 0.00 0.00 0.00 7 Construction Obsemtion 0.00 0.00 0.00 Start-up a Noes 0.00 0.00 0.00 9 Warranty Phase 0.00 4,087.00 4,0 7.00 Tub-Total ditional SerAces $2,897.00 $4,087.00 6,984-00 Total $39,73TCIO $36587.00 $76,324.00 7/13/2011 Admin. Approval AMD. EXHIBIT"All Page 9 of Revised November 13.2012 UEngineenng DataExamme%NGUSSTORM WATER 35 MASTER CHANNEL 39 DRAINAGE CHANNEL EXCAVATIC ailment No 1-Agenda Itemb2 Mastor Ch of 31 amndment EXHIBIT A LARGE AE REVISED Nomeber 2012.doc EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A/E PROFESSIONAL SERVICESICONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence or 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 is 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 $1,000,000 COMBINED SINGLE LIMIT including: 1. Broad Form 2. Premises -Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. it — Non-owned vehicles PROFESSIONAL LIABILITY including: $1,000,000 per claim / $2,000,000 Coverage provided shall cover all aggregate employees, officers, directors and agents (Defense costs not included in face value 1. Errors and Omissions oft 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 WORKERS' COMPENSATION Which Complies with the Texas Workers Compensation Act EMPLOYERS' LIABILITY 500t000/500,000/500,000 C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (1 0)ten days of accident. AMD. NO. 1 EXHIBIT"B" Ira e 1 of 3 J Wngneenng Fomu%ARGE AE EXHIBIT 8 DOCX 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 Consultants 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 oft is 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 t o t he 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 oft 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: is Management P.O. Box 9277 Corpus Christi, TX 78469-9277 Fax: (3 1) 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: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (1 0) calendar days advance written notice for nonpayment of premium. 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 AMD.NO.I EXHIBIT"B" Pa e2of3 J.%Engirwmng Forms UARGE AE EXHIBff 9 DOCX 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 or 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 harmI ess 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, is may arise or is 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. r- I I AMD.NO.�1 ELXHIBIT"B" i P L of a e3of3 J:%Engineenng FormalLARGE AE EXHIMT 9 DOM 0 0 o a e IR o a o a o 0 0 t4 t4 Lo 0 0 0 0 0 Lo O co CL 0 co L C C 0 00 0 0 0 0 00 0 0 0 O U-) Lo L') V- r tV 9 O 0 0 0 0 0 0 0 0 0 0 o C7 Lo tti F- F- Ln V o 0..3 .o r r r r i 0 0 0 0 0 0 0 0 CD Lo C 0 Lo 0 ® r I- H f— t-- r., W CD W 0 CD CD r 0 V M r - E— F— Uf _ _ _ r Cm to cm H r Z Go cn •• r r cm 0 O O 00 co p O CD O O 00 O O O UJ H N � ._ ui i c CL r q 0 0 0 CD 0 0 CD 0 0 0 O 0 H N 1- CO 0 CD CD Lo r r �- O O O CV M 4 d^ r r N r tL7 W CV co Lo M co N CU U Ca U- N Lo (D ® LL U) m Ln d CL (n 0 C �_ cn C C _ C7 — CQ C C)05 E o ` CU O _ CU C N U tU Q F_ .1 EXHIBIT"C" of I SUPPLIER NUMBER TO BE XiSIGNED nY-CTTY PURCHASING DIVISION o CITY OF CORPUS CHRISTI C us DISCLOSURE OF INTEREST Chnsti C or Co It _pus Christi Ordinance 17112,as amended,requires all persons or firms see in to do business WN the Citg to provide the following info Lion. Every uestion must be answered. Ifthe question is not applica le, answer with "NA". See reverse side or Filing Requirements, Certifications and definitions. COMPANY NAME: Freese and Nichols,Inc. STREETADDRESS: 800 N.Shoreline Blvd.,Suite 16DON CITY: Corpus Christi ZIP: 78401 FIRM IS: 1. Corporation 2. Partnership 3. Sole Owncr 4. Association N 5. Other 0 If additional space is necessar DISCLOSURE QUESTIONS ,y,please use the reverse side orthis gage or attach separate sheet. I. State the names or each 'employee" of the Cit t of Corpu.- hristi having an "ownership interest" 19ove named"firm." constituting 3%or more of the ownership in the a Name Job Title and City Department(if known) N/A N/A 2. Slate the names or each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more oft a ownership in the above named"Firm." Name Title N/A N/A 3. State the names of each "board member"of the City or Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"fi rm." Name Board,Commission or Committee NIA N/A 4. State the names of each employee or officer or a "consultant" for the city or corpus Christi who worked on an matter related tote subject or this contract and has an "ownership interest" constitu — an more oft e ownership in the above named"firm." Name Consultant to N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic beet 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 ore ployee in the matter is apparent. The disclosure shall also be made in a signed writing fildd with the City Secretary. [Ethics Ordinance Section 2_349(d)] CERTIFICATION I ccrti -that an information provided is true and correct as or the date oft is statement,that I have not knowinply withheld disclosure or any information requested-, and that supplemental statements will be p submitted to the City or corpus Christi,Texas as changes occur. . y Certifying Person: o n Guzman, P.E. Title: Principal (Typr 4W priull Signature of Certifying Date: Person: DEFINITIONS a. "Board member." A member or any board, commission, or committee appointed by the City Council oft a City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to aillect 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 or 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 or sole proprietorship, as scir-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes or 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. r. "Ownership Interest.- I-egal 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 to of venture or partners i agreements." "Consultant."Any person or firm, such as engineers and architects, hired by the city or Corpus Christi forte purpose or professional consultation and recommendation.