HomeMy WebLinkAboutC2014-188 - 7/15/2014 - Approved •
AMENDMENT NO. 1
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
(Director of Engineering Services) 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
Citywide Signage Upgrade and Citywide Street Overlay (Project No. E12215)
Citywide Signage Upgrade - Signage Upgrades will include the roadway signage for collector and
arterial roads as identified in Delivery Orders#1 through #5 in the City of Corpus Street Preventative
Maintenance program. Signs considered will be within 15-feet of intersecting streets. These
upgrades will consist of signage assemblies and aprons to meet TxDOT and City standards with all
street name blades being 9-inch extruded with the first letter capitalized. Shown on the attached
"Exhibit A-1 AFA Street Listing' and "Locator Map(s)"are the 32 streets(approx.475 signs) prioritized
for the referenced improvements.
Citywide Street Overlay-The Street Overlay Project, which is shown in the attached Exhibit A-1 Project
Location Map, will consist of a street overlay for Columbia Street between Home Road and Villareal
Street and a street overlay for Lipan Street between N. Palm Drive and N. 19th Street. This scope of
work includes a spot check for base repairs, "rolled" sections of curb & gutter repairs, ADA curb/ramp
improvements and a hot mix asphaltic concrete surface course street overlay. The current roadway
section for Columbia Street is two (2) travel lanes, one (1) lane in each direction. The current roadway
section for Lipan Street is four (4) travel lanes, two (2) in each direction.
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" and "A-1", 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.
2014-188
7/15/14 Amendment No. 1
Res. 030223 Contract for Engineering(NE)Services
Page 1 of 4
Govind Development LLC '215 CITYWIDE STREET OVERLAY AND SEALCOAT IDIQ PILOT PROGRAM\GOVIND CITYWIDE SIGNAGE UPGRADES STREET
PROFESSIONAL SERVICES DOC
INDEXED DED
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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
mutually agreed and evidenced in writing as an amendment to this contract. NE shall notify the City of
Corpus Christi within three (3) days of notice if tasks requested requires an additional fee.
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 $139,335.00 (One Hundred Thirty Nine Thousand Three Hundred Thirty Five Dollars and
Zero Cents), for a total re-stated fee not to exceed $183,335.00 (One Hundred Eighty Three Thousand
Three Hundred Thirty Five 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.)
Amendment No. 1
Contract for Engineering(NE)Services
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OVERLAYWMENDMENT NO.1 CONTRACT\1 CONTRACT PROFESSIONAL SERVICES.DOC
8. ASSIGNABILITY
The NE will not assign, transferor 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.
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
1.I`•Iy 60,A1 I - a ,
Natasha Fudge, P. ., Date Govind adkarni, P. E. Date
Acting Director, Capital Programs President
9359 IH 37, Suite A
Corpus Christi, TX 78409
RE MMENDE' (361) 241-2777 Office
E !Alb/ l3 (361) 241-2200 Fax
ting De• -rtm:nt
APPROVE /� $ / i 5
Office of Management Date %t OUNCIL
and Budget
......a.... SECRETARY'
Amendment No. 1
Contract for Engineering(A/E)Services
Page 3 of 4
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OVERLAYIAMENDMENT NO.1 CONTRACT\1 CONTRACT PROFESSIONAL SERVICES.DOC
ATTEST
Rebecca Huerta, City Secretary
Project No. E12215
Fund Source No. 530000-1041-12415-E12215
Fund Source Name: Streets Fund
Encumbrance No. E12215. AE-70
� • I 1 14 1��P
Amendment No.1
Contract for Engineering(NE)Services
Page 4 of 4
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OVERLAY\AMENDMENT NO.1 CONTRACT11 CONTRACT PROFESSIONAL SERVICES DOC
EXHIBIT "A"
CITY OF CORPUS CHRISTI, TEXAS
CITYWIDE SIGNAGE UPGRADES AND STREET OVERLAY
PROJECT NO. E12215
AMENDMENT NO. 1
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. No Preliminary Phase Services on Amendment No. 1.
Preliminary Phase Services provided under the original contract.
The records provided for NE's use under this contract are proprietary,
copyrighted, and authorized for use only by NE, 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 NE will:
a) 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.
b) 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. Attend 60% submittal meeting with City Staff to assist staff in
review of 60% submittal.
c) Hold Project 60% review meeting. Prepare meeting agenda and distribute
meeting meetings to attendees within five working days of the meeting.
Assimilate all review comments, as appropriate and, upon Notice to
Proceed.
AMEND. NO. 1
EXHIBIT "A"
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d) 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.
e) 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.
f) 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.
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
AMEND. NO. 1
EXHIBIT "A"
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Revised November 26,2013
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expense, confer with City staff and make such revisions to the bid
documents as the City staff deems necessary to re-advertise that
particular portion of the Project for bids.
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) 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.
d) 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.
e) Review, evaluate and recommend for City consideration Contractor Value
Engineering proposal.
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. NE may not begin
work on any services under this section without specific written authorization by the
AMEND. NO. 1
EXHIBIT "A"
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Revised November 26,2013
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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:
a. Texas Department of Licensing and Regulation (TDLR )
2. Topographic Survey 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) Locate improvements within the apparent ROW.
b) Generate electronic planimetric base map for use in project design.
Planimetric base map will be limited to locating proposed ADA ramp
locations, proposed sidewalk locations, rolled curb and gutter and
establishing project baseline for Columbia Street and Lipan Street
improvements
Provide the services above authorized in addition to those items shown on Exhibit "A-1"
Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-
1" Task List does not supersede Exhibit "A".
II. PROJECT SCHEDULE
Date Activity
May 27, 2014 Notice To Proceed
May 30, 2014 60% Design Submittal
June 06, 2014 TXDOT/City Review
July 01, 2014 100% Final Submittal
July 14, 2014 Advertise for Bids
August 18, 2014 Pre-Bid Conference
September 1, 2014 Receive Bids
September 30, 2014 Contract Award
October 6,2014 Begin Construction
January 30, 2015 Complete Construction
AMEND. NO. 1
EXHIBIT "A"
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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.
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
ORIGINAL AMEND. NO. TOTAL
CONTRACT 1
BASIC SERVICES
1 Preliminary Phase $44,000.00 $0.00 $44,000.00
2 Design Phase 0.00 103,185.00 103,185.00
3 _Bid Phase 0.00 4,400.00 4,400.00
4 Construction Phase 0.00 17,500.00 17,500.00
Subtotal Basic Services 44,000.00 125,085.00 169,085.00
ADDITIONAL SERVICES
1 _Permit Preparation 0.00 4,250.00 4,250.00
2 Topographic Survey 0.00 10,000.00 10,000.00
Subtotal Additional Services 0.00 14,250.00 14,250.00
TOTAL $44,000.00 $139,335.00 $183,335.00
05/16/14
Admin Approv M2014-
*Additional Services which are requested to be authorized in coordination with the notice to
proceed for Basic Services.
AMEND. NO. 1
EXHIBIT "A"
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EXHIBIT "A-1"
TASK LIST
(Provides supplemental description to Exhibit 'A'. Task List does not supersede Exhibit 'A'.)
CITY OF CORPUS CHRISTI, TEXAS
Citywide Signage Upgrades and Street Overlay
Project No. E12215
Basic Services
1) Project includes providing existing sign locations and new sign installation for collector and
arterial streets in the City of Corpus Christi Delivery Orders 1-5. Project scope includes
upgrades foundation, pole assembly, and signage.
Delivery Order# 1: a. Baldwin Blvd from Airport to Morgan
b. Nineteenth Street from Hospital to Buford
c. Agnes Street from Shawnee to Baldwin Blvd
d. Port Street from Sonora to Baldwin Blvd
e. Angela Street from Home Road to West Point
f. Eighteenth Street from Isabel to Prescott
g. Comanche from Port Avenue to Palm Street
Delivery Order# 2: a. Waldron Road from Claire to Padre Island Drive
b. Graham Road from Meeks to Flour Bluff Drive
c. Campton Road from Waldron Road to First National
d. Yorktown Blvd from Oso Creek Bridge to Flour Bluff Drive
e. Matlock Street from Behrman to McIver
f. St Francis Street from St. Benedict Ct. to St. Dominic Ct.
g. Glenoak from Flour Bluff Drive to Waldron Road
Delivery Order# 3: a. Yorktown Blvd from Starry to Oso Creek Bridge (East)
b. Cedar Pass from Sun Valley Drive to Holly Ridge
e. Cedar Pass Drive from Holly Ridge to Aspen Grove
c. Sun Valley Drive from Snowmass Street to Eldora Drive
d. Woodway Drive from Brookedge to Windbrook Lane
f. Everhart Road from Holly Road to May Street
g. Sanders Drive from Coody Drive to Snead Drive
h. Dunbarton Oak from Patti Drive to Sudbury Road
i. Dunbarton Oak from Durham Drive to Earnhart
j. Victoria Park from Quebec to Oso Parkway
j. Spohn South from Saratoga Blvd to Spohn Drive
Delivery Order# 4: a. Lipan Street from Palm Drive to Nineteenth Street
b. Elizabeth Street from Second Street to Fifth Street
c. Leopard Street from Nueces Bay and Up River Road
AMEND. NO. 1
EXHIBIT "A-1"
Page 1 of 2
Delivery Order# 5: a. Bear Lane from Jr Beck to Heinsohn Road
b. Columbia Street from Horne Road to Villarreal Street
c. Weber Road from Barnes Street to Bradford
d. Gollihar Rd from Cottage to Townsend
2. Provide Engineering Services for the Overlay Design of Columbia Street from Home Road to
Villarreal Street and Lipan Street from Palm Drive to Nineteenth Street. Resurfacing will
include spot base repairs, ADA compliant curb ramps, rolled curb and gutter, and sidewalk
installation.
3. Attend and participate in planning meetings with the City of Corpus Christi and TXDOT.
4. Prepare opinion of probable construction costs including contingency amounts.
5. Address comments received from the City of Corpus Christi and TXDOT 60% design
submittal.
6. Address comments received from the City and TXDOT for final submittal.
AMEND. NO. 1
EXHIBIT "A-1"
Page 2 of 2
EXHIBIT "B"
MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION
FOR NE 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"
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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.
EXHIBIT"B"
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H. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage,
Successful Consultant shall provide a replacement Certificate of Insurance and applicable
endorsements to City. City shall have the option to suspend Consultant's performance
should there be a lapse in coverage at any time during this contract. Failure to provide and
to maintain the required insurance shall constitute a material breach of this contract.
I. In addition to any other remedies the City may have upon Consultant's failure to provide and
maintain any insurance or policy endorsements to the extent and within the time herein
required, the City shall have the right to order Consultant to stop work hereunder, and/or
withhold any payment(s) which become due to Consultant hereunder until Consultant
demonstrates compliance with the requirements hereof.
J. Nothing herein contained shall be construed as limiting in any way the extent to which
Successful Consultant may be held responsible for payments of damages to persons or
property resulting from Consultant's or its subcontractors' performance of the work covered
under this agreement.
K. It is agreed that Consultant's insurance shall be deemed primary and non-contributory with
respect to any insurance or self insurance carried by the City of Corpus Christi for liability
arising out of operations under this contract.
L. It is understood and agreed that the insurance required is in addition to and separate from
any other obligation contained in this contract.
INDEMNIFICATION AND HOLD HARMLESS
Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and
its agents, servants, and employees, and each of them against and hold it and them
harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses,
including court costs and attorneys' fees, for or on account of any injury to any
person, or any death at any time resulting from such injury, or any damage to any
property, which may arise or which may be alleged to have arisen out of or in
connection with the negligent performance of Consultant's services covered by this
contract. The foregoing indemnity shall apply except if such injury, death or damage
is caused by the sole or concurrent negligence of the City of Corpus Christi, its
agents, servants, or employees or any other person indemnified hereunder.
EXHIBIT"B"
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Sample form for:
Payment Request
COMPLETE PROJECT NAME Revised 07/27/00
Project No. XXXX
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 $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100%
Design Phase 2,000 1,000 0 3,000 1,000 500 1,500 50% •
Bid Phase 500 0 250 750 0 0 0 0%
Construction Phase 2,500 0 1,000 3,500 0 0 0 0%
Subtotal Basic Services $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30%
Additional Services:
Permitting $2,000 $0 $0 $2,000 $500 $0 $500 25%
Warranty Phase 0 1,120 0 1,120 0 0 0 0%
Inspection 0 0 1,627 1,627 0 0 0 0%
Platting Survey TBD TBD TBD TBD TBD TBD TBD 0%
O & M Manuals TBD TBD TBD TBD TBD TBD TBD 0%
SCADA TBD TBD TBD TBD TBD TBD TBD 0%
Subtotal Additional Services $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11%
Summary of Fees
Basic Services Fees $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30%
Additional Services Fees 2,000 1,120 1,627 4,747 500 0 500 11%
Total of Fees $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23%
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1;21 SUPPLIER NUMBER
TO BE ASSIGNED BY CI FY
- = PURCHASING DIVISION
City of CITY OF CORPUS CHRISTI
Corpus DISCLOSURE OF INTEREST
Christi
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: I. Corporation 8 2. Partnership ❑ _ 3. Sole Owner ❑
4. Association 5. Other
C [�
DISCLOSURE QUESTIONS
If additional space is necessary,please use the reverse side of this page or attach separate sheet.
1. State the names of each `employee" of the City of Corpus Christi having an "ownership
interest"constituting 3%or more of the ownership in the above named"firm.'
Name Job Title and City
Department(if known)
N IA
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
N1�
3. State the names of each "board member" of the City of Corpus Christi having an "ownership
interest"constituting 3%or more of the ownership in the above named"firm."
Name Board, Commission or
Committee .
N\R
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
f\S1P
•
•
•
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 Kt l , ' , , Date:
Person:
Person: N ,
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.