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HomeMy WebLinkAboutC2014-046 - 2/18/2014 - Approved 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, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Executive Director of Public Works) and Govind Development, LLC, a Texas corporation, 9359 IH-37, Suite A, Corpus Christi, Nueces County, Texas 78409, (Architect/Engineer— A/E), hereby agree as follows: 1. SCOPE OF PROJECT Corona Drive from Flynn to Everhart(Project No. E13091)BOND ISSUE 2014—Corona Drive project includes a complete roadway rehabilitation of Corona Drive. The project will extend from the intersection of Everhart Road to the intersection of Flynn Parkway. The proposed roadway classification and roadway width will be determined upon evaluation of the existing roadway. The anticipated roadway improvements include curb and gutter, sidewalks, ADA curb ramps, RTA bus stop shelter and stop pad, pavement markings, signing, bike lanes, illumination, and traffic signals. This project also includes a schematic design and evaluation for the re-alignment of Corona Drive, Flynn Parkway, and Tiger Lane intersection to be included in the Engineering Letter Report. 2. SCOPE OF SERVICES The NE hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, NE 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 NE (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. NE 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 NE 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 NE and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the NE to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mi l6 i Iki anrccrl 7nri c„4-4c.,^od in writing as an amendment to this contract. NE shall notify the City of 2014-046 days of notice if tasks requested requires an additional fee. 2/18/14 INDEXED Ord. 030096 Contract for Engineering(NE)Services Page 1 of 3 GovindDevelop ment LLC ��.,.,...,..,._..,..._,.,.,.,_,._.._...,..._..,..,..,..�.,_� .....,..._...,._ .,...., ��....,,._�..,.,. 4. INDEMNITY AND INSURANCE NE agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit «B» 5. FEE The City will pay the NE a fee, as described in Exhibit"A", for providing services authorized, a total fee not to exceed $546,986.00, (Five Hundred Forty Six Thousand Nine Hundred Eighty Six 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 NE at the address of record. In this event, the NE will be compensated for its services on all stages authorized based upon NE 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 NE 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 NE 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 NE staff. If the NE 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 NE fee may be assigned in advance of receipt by the NE without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents(plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the NE without the express written consent of the Director of Engineering Services. However, the NE 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. Contract for Engineering(NE)Services Page 2 of 3 10. DISCLOSURE OF INTEREST NE 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 GOVIND DEVELOPMENT, LLC Mark Van Vleck, P. E., D to Govind a narni, P.-t., Da e ' Interim Assistant City Manager President of Public Works and Utilities 9359 IH-37, Suite A Corpus Christi, TX 78409 (361) 241-2777 Office RECOMMENDED ENTERED �� JAN 10 2014 Daniel Biles, P. E., at Executive Director of Public Works CONTRACT MANAGERS • Keratin• Department Date APPRO D 4014A,--' 4. i(V/ 1,-( r, Office of Management D to ` Lil......03g9(icix«. and Budget 5t CouNCIL....2 C ATTEST SECNTARY .' r_.z.- , _ IL' r_ City Secretary Department _ Fund Source No. Amount Street 550950-3550-00000-E13091 $315,261.00 Wastewater 550950-4510-00000-E13091 54,632.50 Storm Water 550950-3494-00000-E13091 126,662.50 Water 550950-4088-00000-E13091 50,430.00 Total $546,986.00 Encumbrance El3(P11 A(,O Cz8 I. (4- 14- Contract for Engineering(NE)Services Page 3 of 3 EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS CORONA DRIVE FROM EVERHART ROAD TO FLYNN PARKWAY PROJECT NO. E13091 BOND ISSUE 2014 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-NE (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) Prepare geotechnical investigation findings (see additional services). d) Request 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 recommendations. Prepare conceptual life-cycle cost estimate with recommended pavement sections using Federal Highway Administration (FHWA) Real Cost Program. 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. Drainage area boundary will be based on existing limits to be provided by the City. j) Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. Drainage Study is limited to the designated project limits. Offsite drainage study has not been identified. k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. I) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. m) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, USPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. n) Identify and recommend public outreach and community stakeholder requirements. EXHIBIT"A" Page 1 of 12 Revised November 26,2013 o) Review City provided preliminary Traffic impact assessment and provide recommendation for integration and/or additional requirements as appropriate. p) 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 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 summary output tables from Hydraulic and Hydrologic analyses. 3. Include existing site photos. 4. Provide opinion of probable construction costs. 5. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet as City agent or with City participation and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 6. affect. 7. Provide anticipated index of drawings and specifications. 8. Provide a summary table & required ROW parcels q) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. r) Submit computer model file, results and calculations used to analyze drainage. s) Conduct Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report as scheduled by City Project Manager. t) Assimilate all City 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. u) Assist City in presenting summary of ELR findings to the Bicycle and Pedestrian Subcommittee and the Transportation Advisory Committee (TAC). 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) Electronic index and database of City's record drawing and record information. b) Requested record drawings, record information in electronic format as available from City Engineering files. b) The preliminary budget, specifying the funds available for construction. c) A copy of existing studies and plans. (as available from City Engineering files). d) Field location of existing city utilities. (A/E to coordinate with City Operating Department) EXHIBIT"A" Page 2 of 12 Revised November 26,2013 e) Applicable Master Plans and GIS mapping are available on the City's website. f) City Control survey Bench marks and coordinates. g) Preliminary Traffic impact assessment. The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and only 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 A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). c) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 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 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, project checklist & drawing checklist" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. 2. Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. h) Hold Project 90% review meeting. Prepare meeting agenda and dictributc EXHIBIT"A" Page 3 of 12 Revised November 26,2013 i) Provide one (1) set of the final (100%) plans (unsealed and unstamped - electronic and full-size hard copy 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 copy 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 prior to re-use of modified plans. k) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals 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 adequately addressed City- provided review comments or provided submittals in accordance with City standards.. I) 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. See Exhibit "A-2" for required form. 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). 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 electronic copy the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The NE will: a) Prepare draft Authorization to Advertise (ATA). b) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. c) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. d) 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. e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. f) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the NE's design phase estimate required above, the Engineer will, at its expense, confer with City staff EXHIBIT"A" Page 4 of 12 Revised November 26,2013 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. g) Prepare Agenda Memoranda and 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 NE) 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 NE 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 changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Review, evaluate and recommend for City consideration Contractor Value Engineering proposal. h) Attend final inspection with City staff, provide punch list items to the City's Construction Engineers for contractor completion, and provide the City with a Certificate of Completion for the project upon successful completion of the project. i) Review Contractor-provided construction "red-line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications/estimates for payments to contractor. EXHIBIT"A" Page 5 of 12 Revised November 26,2013 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. NE 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 NE shall, with written authorization by the Director of Engineering Services, perform the following:: 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The NE will prepare this documentation for all required signatures. The NE will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: in-the-area vn Wetlands Delineation and Permit d. Temporary Discharge Permit e. NPDES Permit/Amendments (including SSC, NOI NOT) f. Texas Commission of Environmental Quality (TCEQ) Permits/Amendments g. Nueces County h. Texas Historical Commission (THC) i. U.S. Fish and Wildlife Service (USFWS) j. U.S. Army Corps of Engineers (USACE) I. Texas Department of Licensing and Regulation (TDLR ) 2. Right-of-Way (ROW) Acquisition Survey. All work must comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right-of-way widths. 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. NE must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right-of-way to be acquired. c) Provide a preliminary base map containing apparent ROW, which will be used by the NE 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. d) Prepare Metes and Bound Instrument with supporting exhibits as required and agreed upon, subsequent to ELR acceptance for ROW parcels, utility easements and temporary construction easements. This service does not include providing a cost estimate for potential ROW acquisitions or providing a service to acquire any potential ROW parcels EXHIBIT"A" Page 6 of 12 Revised November 26,2013 e) Corona Re-Alignment ROW Acquisition Survey. A/E will provide a Right-of- Way (ROW)Acquisition Survey for the Corona Re-Alignment Schematic Design. The limits are the Tiger Lane and Flynn Parkway intersection to, but not including, the Corona Drive and Flynn Parkway intersection. The ROW acquisition survey will meet the same criteria as set in Additional Services: Right- of-way Acquisition Survey. This service does not include providing a cost estimate for potential ROW acquisitions or providing a service to acquire any potential ROW parcels. 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 soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third-parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface 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. I) 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. NE shall submit parcel maps and legal descriptions prior to the 60% submittal. n) Corona Re-Alignment Topographic Survey. NE will provide a topographic survey for the Corona Re-Alignment Schematic Design. The limits are the Tiger Lane and Flynn Parkway intersection to, but not including, the Corona Drive and Flynn Parkway intersection. The topographic survey will meet the same criteria as set in Additional Services: Topographic Survey and Parcel Descriptions. EXHIBIT"A" Page 7 of 12 Revised November 26,2013 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 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. It is anticipated that 10 test hole locations will be required for gas, storm water, water, and waste water combined. 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. A/E will provide signed and sealed plan sheets for Subsurface Utility Engineering Investigation, one (1) hard copy and one (1) electronic copy to the City. 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. CCTV is anticipated to evaluate the existing system, located existing service connections and provide recommendations for improvements. 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. CCTV is anticipated to evaluated the existing system, locate existing service connections and provide recommendations for improvements. v) Water — Water facilities within the project limits will be located to Quality Level C. EXHIBIT"A" Page 8 of 12 Revised November 26,2013 vi) Gas —Gas facilities within the project limits will be located to Quality Level C by the NE. The City of Corpus Christi Gas Department will provide Quality Level A. The NE 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. c) Franchise Utility Coordination. NE to meet, coordinate and resolve all required Franchise Utilities that are in conflict with the construction of this project. (AEP, AT&T, private gas lines, etc.) Up to eight (8) franchise utilities have been identified in a preliminary research. 7. Construction Observation Services. To Be Determined. 8. Hydraulic and Hydrologic Modeling and Analysis. NE will provide a hydraulic and hydrologic analysis for the Corona Drive drainage basin. NE will use the analysis to evaluate and model the existing storm water system and provide recommendations for improvements. NE will provide an electronic copy of the model to City. 9. Traffic Control Planning and Design. NE will provide an engineered traffic control plan for this project. The traffic control plan design will include multiple phases, signage, traffic calming devices, pavement markings and will adhere to TMUTCD standards. NE will coordinate the traffic control plan design with affected adiacent property owners and emergency services. 10. Traffic Signal Design. NE will provide an assessment for existing signal. NE will provide a traffic signal design for this project. The traffic signal design will include a traffic signal layout, wiring diagram and signalization phasing. A/E will coordinate traffic signal design with City personnel. 11. Roadway Illumination Design. NE will provide an assessment of existing roadway illumination. NE will provide a continuous illumination design for this protect. The continuous illumination design will include an illumination layout and electrical service layout. NE will coordinate continuous illumination design with City personnel. 12. CCTV Inspection Services. A/E will provide CCTV services for all existing storm water and waste water lines for this project. NE will evaluate the condition of the existing storm water and waste water lines and provide recommendations for improvements. A/E will provide one (1) hard copy and one (1) electronic copy of the storm water and waste water CCTV to the City. 13.. Corona Re-Alignment Schematic Design. NE will provide a schematic design options for the re-alignment of Corona Drive, Flynn Parkway and Tiger Lane. The schematic design will include three (3) options and a probable cost estimate for each option. The schematic design will be a part of the Engineering Letter Report and is limited to the Preliminary Phase. 14.. Geotechnical Services. NE will provide geotechnical services for this project. Services to be provided include evaluation of existing subsurface soils, flexible and rigid pavement design options, trench excavation design parameters and foundation recommendations for traffic signals and illumination. Seven (7) borings are anticipated for this project. NE will provide one (1) hard copy and one (1) electronic copy of the Geotechnical Report to the City. EXHIBIT"A" Page 9 of 12 Revised November 26,2013 15. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. Provide the services above authorized in addition to those items shown on Exhibit "A-1" Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List does not supersede Exhibit "A". I1. SCHEDULE Date Activity February 3, 2014 NTP January 27, 2014 City provided Traffic assessment March 24, 2014 Draft ELR submittal April 4, 2014 City Review April 28, 2014 Final ELR submittal June 02, 2014 60% Design Submittal June 27, 2014 City Review 0 City Review October 20, 2014 100% Final Submittal November 17, 2014 Advertise for Bids November 21, 2014 Pre-Bid Conference December 5, 2014 Receive Bids January 09, 2015 Contract Award April 10, 2015 Begin Construction April 08, 2016 Complete Construction III. FEES A. Fee for Basic Services. The City will pay the NE 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, NE will submit monthly statements for services rendered. The statement will be based upon NE's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to NE's monthly statements. EXHIBIT"A" Page 10 of 12 Revised November 26,2013 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 NE a not-to-exceed fee as per the table below: Summary of Fees Basic Services Fees 1. Preliminary Phase $50,000 2. Design Phase $154,300 3. Bid Phase $9,430 4. Construction Administration Phase $37,270 Subtotal Basic Services Fees $251,000 Additional Services Fees (Allowance) 1. Permit Preparation $7,300 2. ROW Acquisition Survey $12,375 3. Corona Re-alignment ROW Acquisition Survey $4,400 4. Topographic Survey and Parcel Descriptions* $25,950 5. Corona Re-alignment Topographic Survey $6,800 6. Environmental Issues* TO BE DETERMINED 7. Public Involvement* $10,000 8. Subsurface Utility Investigation $65,525 9. Franchise Utility Coordination $20,000 10. Construction Observation Services To Be Determined 11. Corona Re-alignment Schematic Design $29,700 12. Geotechnical Services $23,595 13. Hydraulic and Hydrologic Modeling and Analysis $21,600 14. Traffic Control Planning and Design $16,000 15. Traffic Signal Design $ 13,120 16. Roadway Illumination Design $15,421 17. CCTV Inspection Services $24,200 18. Warranty Phase To Be Determined Sub-Total Additional Services Fees Authorized $295,986 Total Authorized Fee $546,986 *Additional Services which are requested to be authorized in coordination with the notice to proceed for Basic Services. EXHIBIT"A" Page 11 of 12 Revised November 26,2013 Original Contract Street Wastewater Storm Water Water Total Basic Services Fees 1 Preliminary Phase $25,000.00 $6,500.00 $12,500.00 $6,000.00 50,000.00 2 Design Phase 77,150.00 20,059.00 38,575.00 18,516.00 154,300.00 3 Bid Phase 4,715.00 1,225.90 2,357.50 1,131.60 9,430.00 4 Construction Administration Phase 18,635.00 4,845.10 9,317.50 4,472.40 37,270.00 Subtotal Basic Services Fees 125,500.00 32,630.00 62,750.00 30,120.00 251,000.00 Additional Services Fees (Allowance) 1 Pemit Preparation 7,300.00 0.00 0.00 0.00 7,300.00 2 ROW Acquisition Survey 6,187.50 1,608.75 3,093.75 1,485.00 12,375.00 3 Corona Re-alignment ROW 2,200.00 572.00 1,100.00 528.00 4,400.00 Acquisition Survey 4 Topographic Survey and Parcel 12,975.00 3,373.50 6,487.50 3,114.00 25,950.00 Descriptions 5 S roieny Re-alignment Topographic 3,400.00 884.00 1,700.00 816.00 6,800.00 6 Environmental Issues 0.00 0.00 0.00 0.00 TBD 7 Public Involvement 5,000.00 1,300.00 2,500.00 1,200.00 10,000.00 8 Subsurface Utility Investigation 32,762.50 8,518.25 16,381.25 7,863.00 65,525.00 9 Franchise Utility Coordination 10,000.00 2,600.00 5,000.00 2,400.00 20,000.00 10 Construction Observation 0.00 0.00 0.00 0.00 TBD 11 Corona Re-alignment Schematic 29,700.00 0.00 0.00 0.00 29,700.00 Design 12 Geotechnical Services 23,595.00 0.00 0.00 0.00 23,595.00 13 Hydraulic and Hydrologic Modeling 0.00 0.00 21,600.00 0.00 21,600.00 and Analysis 14 Traffic Control Planning and Design 16,000.00 0.00 0.00 0.00 16,000.00 15 Traffic Signal Design 13,120.00 0.00 0.00 0.00 13,120.00 16 Roadway Illumination Design 15,421.00 0.00 0.00 0.00 15,421.00 17 CCTV Inspection Services 12,100.00 3,146.00 6,050.00 2,904.00 24,200.00 18 Warranty Phase 0.00 0.00 0.00 0.00 TBD Subtotal Additional Services Fees Autho 189,761.00 22,002.50 63,912.50 20,310.00 295,986.00 Total Authorized Fee 315,261.00 54,632.50 126,662.50 50,430.00 546,986.00 EXHIBIT"A" Page 12 of 12 Revised November 26,2013 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 $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.. Hired — 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 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 WORKERS' COMPENSATION Which Complies with the Texas Workers Compensation Act EMPLOYERS' LIABILITY 500,000/500,000/500,000 EXHIBIT"B" Page 1 of 3 C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 Fax: (361) 826-4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 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 (10) 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 EXHIBIT"B" Page 2 of 3 should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT"B" Page 3 of 3 COMPLETE PROJECT NAME Project No. xxxxxx Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Basic Services: Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete Preliminary Phase $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7% Design Phase 20,818 0 0 20,818 1,000 500 1,500 7% Bid Phase 0 0 0 0 0 0 0 n/a Report Phase 14,166 0 0 14,166 0 0 0 0% Construction Phase 0 0 0 0 0 0 0 n/a Subtotal Basic Services $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% Additional Services: Permitting $0 $0 $0 $0 $0 $0 $0 n/a Warranty Phase 0 0 0 0 0 0 0 n/a Inspection 9,011 0 0 9,011 0 0 0 0% Platting Survey 29,090 0 0 29,090 0 0 0 0% Reporting 1,294 0 0 1,294 0 0 0 0% O & M Manuals TBD TBD TBD TBD TBD TBD 0 0% SCADA TBD TBD TBD TBD TBD TBD TBD 0% Subtotal Additional Services $39,395 $0 $0 $39,395 $0 $0 $0 0% Summary of Fees Basic Services Fees $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% Additional Services Fees 39,395 0 0 39,395 0 0 0 0% rn Total of Fees $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% - 0) _ CD CD _ °, 8 ■- 1 SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Co 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: Govind Development,LLC P.O.BOX: N/A STREET ADDRESS: 9359 IH-37,Suite A CITY: Corpus Christi ZIP: 78409 FIRM IS: 1. Corporation = 2. Partnership 2„,„ 3. Sole Owner 4. Association 5. Other LLC- DISCLOSURE QUESTIONS If additional space is necessar=y, 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) 0 Ft 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 0 Pt 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"constituting 3% or more of the ownership in the above named"firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest"constituting 3% or more of the ownership in the above named"firm." Name Consultant t\)\ Pt • 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: Govind Nadkarni,P.E. Title: President (Type or Print) Signature of Certifying Date: Person: IAA_ , • 3� �{ 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.