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HomeMy WebLinkAboutC2014-344 - 10/21/2014 - 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 Freese and Nichols, Inc., a Texas corporation, 800 N. Shoreline Blvd., Suite 1600N, Corpus Christi, Nueces County, Texas 78401, (Architect/Engineer—NE), hereby agree as follows: 1. SCOPE OF PROJECT Choke Canyon Dam Spillway Gate Rehabilitation (E14043) — Choke Canyon Dam is located in south Texas on the Frio River four miles west of Three River, Texas, and approximately 90 miles northwest of the City of Corpus Christi. The primary purpose of the reservoir is municipal and industrial water supply, and it also provides recreational and environmental benefits. The dam is comprised of a zoned earthen embankment, a reinforced concrete spillway with seven spillway tainter gates, and an outlet works structure near the center of the dam. The spillway gates are of original construction; construction of the dam and appurtenant structures, including the spillway, occurred between 1976 and 1982. The gates have never been fully recoated. In 2013, an inspection of the spillway gates and upstream stoplog slots was performed by Freese and Nichols, Inc. Based on observations from the inspection, an assessment report was prepared and recommendations were made for rehabilitation of the gates. This report confirmed the findings of the United States Bureau of Reclamation inspections that have also identified the need for a new coating system to the seven spillway gates. The next phase of the project will be to prepare contract documents for rehabilitation of the spillway gates, including such items as recoating,wire rope replacement, seal replacement, guide shoe refurbishment, and stoplog slot resurfacing. 2. SCOPE OF SERVICES The NE hereby agrees, at its own expense, to perform professional 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 Executive Director of Public Works. 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 2014-344 INDEXED 10/21/14 Contract for Engineering(A/E)Services Page 1 of 4 Ord. 030318 (CHANGE\JENNIFER\WATER\E14043 CHOKE CANYON DAM SPILLWAY GATE REHABILITATION\CONTRACT\CONTRACT.DOC Freese and Nichols Inc. • 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 Executive Director of Public Works. 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 Executive Director of Public Works. 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 Executive Director of Public Works. The Executive Director of Public Works 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 revised fee not to exceed $381,220.00 (Three Hundred Eighty-One Thousand Two Hundred Twenty Dollars and Zero Cents). Monthly invoices shall 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.) Contract for Engineering(WE)Services Page 2 of 4 K:\ENGINEERING DATAEXCHANGEUENNIFER\WATER\E14043 CHOKE CANYON DAM SPILLWAY GATE REHABILITATION\CONTRACT\CONTRACT.DOC 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 Executive Director of Public Works. 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. Contract for Engineering(NE)Services Page 3 of 4 K:\ENGINEERING DATAEXCHANGEUENNIFER\WATER\E14043 CHOKE CANYON DAM SPILLWAY GATE REHABILITATION\CONTRACT\CONTRACT.DOC • CITY OF CORPUS CHRISTI FREES AND NICHOLS, INC. lb . :..1. ' �a-22•i o•2(o• 14- Natasha Fudge,''.E., Date Ron G man, P.E., Date Acting Director, Capital Programs Vice President 800 N. Shoreline Blvd, Suite 1600N Corpus Christi, Texas 78401 RECOMMENDED (361) 561-6500 Office (361) 561-6501 Fax c'e/ Mating r --p melIt Date AP' -OVED AS TO LEGAL FORM 41,,, 1 7 1-4- 1"Irc 2 _� ultiuK A- stant City Attorney Date 2 f,rCity Attorney rt COUNCIL.. (� I� 04 SECRET IZj APP OVED mritAilx d Office of Management Dat and Budget Project No: E14043 ATTEST Fund Source No: 550950-4080-00000-E14043 Fund Name: Water CIP -12s—ich_12_,C—,C.C, 41r--aAhN Encumbrance No: t 1 AU4-' �. Rebecca Huerta, City ecretary Contract for Engineering(NE)Services Page 4 of 4 K:\ENGINEERING DATAEXCHANGEUENNIFER\WATER\E14043 CHOKE CANYON DAM SPILLWAY GATE REHABILITATION\CONTRACT\CONTRACT.DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS (CHOKE CANYON DAM —SPILLWAY GATE REHABILITATION) (Project No. E14043) 1. SCOPE OF SERVICES A. Basic Services 1. PRELIMINARY PHASE SERVICES: Not Applicable. 2. DESIGN PHASE SERVICES: Spillway Radial Gate and Stoplog Slot Rehabilitation A. Project Management. Establish schedule, coordinate information between FNI and the City of Corpus Christi (City), and other efforts in support of this project. Coordinate Quality Control (QC)/Quality Assurance (QA) by Senior Management and Technical Staff consistent with FNI's established internal quality review processes. Facilitate internal kickoff meeting and coordinate conference calls for client kickoff meeting and progress meetings. 1. Attend and participate in a kickoff meeting with the City at the City's office to review the scope of the project, discuss roles and responsibilities, communication, budget, schedule, and specific project needs. Prepare meeting minutes for review and comment. Finalize meeting minutes based on input from meeting participants. Deliverables: • See Exhibit A-1 B. Construction Drawings. The construction drawings will serve as the EXHIBIT"A" Page 1 of 13 Revised June 30,2014 basis for preparation of quantity estimates, opinion of probable construction cost, technical specifications, and contract bid documents for use during construction. Drawings and Plan Executive Summary will be submitted at a 90% complete level to City personnel for review. Drawings will be submitted as part of the overall contract documents at the 90% level. The following specific tasks will be completed to develop the construction drawings for rehabilitation: 1. Modify designs as necessary for such items as removal of the existing coating, repair of the seven (7) spillway gates, re-coating, refurbishment of the guide shoes, replacement of the side and bottom seals, and other related work as recommended in the June 2013 Spillway Gate Inspection and Assessment Report for the spillway gates at Choke Canyon Dam prepared by FNI. 2. Develop details as necessary for such items as removal of the existing coating, repair of the upstream stoplog slots, re-coating, and other related work as recommended in the June 2013 Spillway Gate Inspection and Assessment Report for the spillway gates at Choke Canyon Dam prepared by FNI. 3. Prepare drawings in AutoCAD to describe the configuration and requirements for rehabilitation. 4. Coordinate drawings with the technical specifications so that work items and materials are covered in the specifications and compatible with notes on the drawings. 5. Perform three (3) site visits to discuss rehabilitation concepts and verify dimensions and existing conditions during the process of developing rehabilitation designs. 6. Calculate and estimate quantities for development of a bid schedule and opinion of probable construction cost. 7. Prepare 90% and Issue for Bid level drawings (include as part of the Contract Document package, refer to Section E — Contract EXHIBIT "A" Page 2 of 13 Revised June 30,2014 Documents). Deliverables: • See Exhibit A-1 C. Technical Specifications. Technical specifications will be prepared to describe the scope, materials, standards and procedures to which the work is to be performed for rehabilitation of the seven (7) spillway gates and stoplog slots. The technical specifications will be prepared as soon as the rehabilitation designs and drawings are advanced to a stage which provides an accurate description of the work involved. Environmental protection requirements will be included to make bidders aware of water quality regulations. The technical specifications will include the requirements for furnishing materials and execution of the work. The technical specifications along with the instructions to bidders, general conditions, special conditions, bid forms, bid schedule, design drawings and reference drawings will form the final contract bid package. Technical specifications will be submitted at a 90% complete level to City personnel for review. Technical specifications will be submitted as part of the overall contract documents at the 90% level. Specific tasks will include the following: 1. Prepare table of contents for the technical specifications and submit to City personnel for review and comment. 2. Prepare technical specifications for rehabilitation procedures in accordance with Construction Specifications Institute (CSI) format and City standards, specifications and general conditions. 3. Coordinate technical specifications with drawings to ensure that notes, material designations, etc. are compatible. EXHIBIT"A" Page 3 of 13 Revised June 30,2014 4. Prepare 90% and Issue for Bid level technical specifications (include as part of the Contract Document package, refer to Section E — Contract Documents). Deliverables: • See Exhibit A-1 D. Opinion of Probable Construction Cost. Quantity estimates for all items of work will be included in the construction bid documents. An engineer's opinion of probable cost will be prepared to include unit costs for defined items of work and total costs for the rehabilitation of the seven (7) spillway gates and stoplog slots. The Engineer's Opinion of Probable Construction Cost (OPCC) will serve as the basis for the City's decision on bidding and as the basis to compare and evaluate bids. The OPCC will take into consideration construction methods and techniques and construction schedules. Specific tasks will include the following: 1. Prepare bid schedule of construction items and quantities for inclusion in bid documents. 2. Identify major cost items and prepare an OPCC estimate. The approach will be to define the equipment, material and manpower needed to accomplish the work and assign appropriate rates to each component included in the work item, and use past experience and engineering judgment to arrive at the estimated unit prices. 3. Prepare estimated construction schedule. Deliverables: • See Exhibit A-1 E. Contract Documents. The contract bid documents will enable the City to advertise for competitive bids for rehabilitation of the seven (7) spillway EXHIBIT"A" Page 4 of 13 Revised June 30,2014 gates and the stoplog slots. City standard format will be used for relevant advertisement, bidding, payment, general terms and conditions, and standard specifications, with technical specifications produced by the project team. The following specific tasks will be completed to develop the contact documents: 1. The civil and structural technical specifications will be incorporated with the City's general conditions and other boiler plate sections including the following: • Notice to Bidders • Notice to Contractors • Contract Forms • General Provisions • Special Provisions • Standard Specifications 2. The draft contract documents, including General Provisions, Special Provisions and Standard and Technical Specifications will be assembled into a contract bid document with drawings, suitable for bidding and performance of the rehabilitation work and submitted to the City for review at 90% completion. 3. Submit 90% level contract documents to United States Bureau of Reclamation (USBR) personnel for review. This will include 90% level drawings and technical specifications. Receive and address comments in writing. 4. Submit 90% level contract documents to City personnel for review. Participate in a meeting at the City's office to discuss City and USBR comments on the 90% contract document package. Prepare meeting minutes, send out for City review, and finalize. 5. Incorporate USBR and City comments into the Issue for Bid contract documents. Deliverables: EXHIBIT"A" Page 5 of 13 Revised June 30,2014 • See Exhibit A-1 The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. B. Additional Services 3. BID PHASE SERVICES: Spillway Radial Gate and Stoplog Slot Rehabilitation A. Support During Bidding Process. Providing support to City personnel during the bidding period will help ensure that the drawings and specifications are being interpreted in accordance with the designer's intent. Specific tasks will include the following: 1. Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. 2. Assist the City in solicitation of bids by identification of prospective bidders and review of bids by solicited interests. 3. 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. 4. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. EXHIBIT"A" Page 6 of 13 Revised June 30,2014 5. 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 to the bid documents as the City staff deems necessary to re-advertise that particular portion of the Project for bids. 6. Prepare PowerPoint presentation in City format for City Council Meeting. Deliverables: • See Exhibit A-1 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. Deliverables: • See Exhibit A-1 4. CONSTRUCTION PHASE SERVICES: Spillway Radial Gate and Stoplog Slot Rehabilitation Provide professional Construction Phase Services (CPS) to assist in EXHIBIT "A" Page 7 of 13 Revised June 30,2014 obtaining a completed project in accordance with the purpose and intent of the Construction Contract Documents. The overall construction schedule for the seven (7) spillway gates and stoplog slot rehabilitation is estimated to be 630 calendar days (approximately 21 months). Any effort directly or indirectly related to a time extension to the contractor and project duration will be an additional service for FNI. Also, any effort not included in this scope will be considered an additional service for FNI. Upon completion of the bid and negotiation phases, FNI shall proceed with the performance of construction phase services as described below. FNI shall endeavor to protect the City in providing these services, however, it is understood that FNI does not guarantee the contractor's performance, nor is FNI responsible for supervision of the contractor's operation and employees. FNI shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the contractor, or any safety precautions and programs relating in any way to the condition of the premises, the work of the contractor or any subcontractor. FNI shall not be responsible for the acts or omissions of any person (except its own employees or agents) at the project site or otherwise performing any of the work of the project. A. Project Management. 1. Attend and participate in a pre-construction conference with the City and contractor, review construction schedules prepared for the Owner by the contractor pursuant to the requirements of the Construction Contract Documents, and review proposed estimate of monthly cash requirements of the project from information provided through the City by the contractor. 2. Establish communication procedures between the City and contractor. Establish E-Builder, FNI Construction Management software, as the electronic web-based project documentation management system for distributing submittals, submittal responses, and construction related documents. 3. Coordinate and/or cause the timely coordination (distribution, receipt and tracking) of project documents between all parties EXHIBIT "A" Page 8 of 13 Revised June 30,2014 including City, the contractor, FNI, and FNI's subcontractors/subconsultants as appropriate. 4. Assist the City in preparing monthly reports of construction progress for the USBR. Reports will describe construction progress in general terms and summarize the construction schedule, including pending and approved contract modifications. 5. Review and make recommendations to the City regarding contractor's progress payment requests. B. Contractor Submittal Reviews. Review contractor's submittals throughout construction for consistency with plans, specifications, and project requirements, including the following: 1. Review contractor's submittals, including requests for information, modification requests, shop drawings, schedules, and other submittals in accordance with the requirements of the Construction Contract Documents for the project. Recommend action to the City for all submittals. It is anticipated that submittal reviews will consist of the following: a. Record Data/Certified Test Reports/Lab Test Reports —8 b. Requests for information — 10 c. Schedule of Progress—27 d. Submittals and Shop Drawings — 19 2. Provide technical information for inclusion in change orders or requests for quotes. Engineering analyses, plans, and specifications required to implement a change to the project design is considered an additional service and will be as agreed to by the City in writing prior to work being performed. 3. Review all contract modifications and field orders for conformance with the contract documents. Assist in negotiating contractor costs for design change orders. Prepare approvals of significant design modifications and substitutions of materials and provide written reports to the City. EXHIBIT"A" Page 9 of 13 Revised June 30,2014 Deliverables: • See Exhibit A-1 C. Site Visits. Make visits appropriate to the stage of construction to the site to observe the progress and the quality of work and attempt to determine in general if the work is proceeding in accordance with the Construction Contract Documents. In this effort, FNI shall endeavor to protect the City against defects and deficiencies in the work of the contractor and shall report any observed deficiencies or non-conforming work to the City. 1. Monthly Meeting Visits. Twenty one (21) Monthly Construction Progress meetings and construction site visits for the Engineer or Record, or his designee, immediately prior to, or subsequent of, progress meetings. 2. Additional Stoplog Slot Specific Site Visits. Two (2) site visits are reserved for special circumstances as required to support the construction of the project or as directed by the City. 3. Spillway Gate Site Visits. Twenty one (21) site visits are anticipated to perform inspection and coordination on the seven (7) spillway gates (3 per spillway gate, outside of other site visits). The third visit for each gate will include observation of wet and dry tests and serve as the substantial walkthrough inspection for each gate. 4. Additional Spillway Gate Site Visits. Six (6) site visits are reserved for special circumstances as required to support the construction of the project or as directed by the City. Visits in excess of the specified number above in Items 1-4 are considered an additional service. Deliverables: • See Exhibit A-1 D. Completion Activities. Prepare Record Drawings and a project completion report as follows: EXHIBIT"A" Page 10 of 13 Revised June 30,2014 • • • 1. Revise the construction drawings in accordance with the information furnished by the contractor reflecting changes in the project made during construction. "Red Lines" will be developed and maintained by the contractor and approved by the City's inspector. Two (2) sets of prints of Record Drawings shall be provided by FNI to the City. 2. Prepare and submit a project completion report summarizing the construction phase observations by FNI. 3. Conduct, in company with the City, a one-year inspection (one day visit) of the project to evaluate the condition and performance of the spillway gates and stoplog slots. Provide a technical memorandum summarizing findings from the site observations. Deliverables: • See Exhibit A-1 The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. In addition, for all phases, basic or additional service, City will provide the following to FNI as applicable: 1. Coordinate participation of staff for project meetings and notify all parties of the time and place of the meeting; 2. Schedule conference calls and provide for notice of the time and method of connection to all parties; 3. Attend scheduled meetings; 4. Receive and review all critiques, comments, and documents submitted by FNI; 5. Distribute copies of draft documents to City staff for review and comment; 6. Facilitate pre-bid conference and provide access to the facilities during the pre-bid conference; EXHIBIT "A" Page 11 of 13 Revised June 30,2014 7. Facilitate pre-construction conference. 2. SCHEDULE Spillway Radial Gate and Stoplog Slot Rehabilitation A. NE will provide Basic Services as shown below: • 90% Contract Documents: Within 120 calendar days of receiving NTP. • Issue for Bid Contract Documents: Within 35 calendar days of City and USBR comments on 90% level Contract Documents. B. NE will provide Additional Services as shown below: • Site Visit Memorandums: Within 2 calendar days of site visit. • Substantial Completion punch lists for each spillway gate: within 3 calendar days of each walkthrough. • Record Drawings: Within 60 calendar days of receiving all approved "Red Lines" from contractor. • Project Completion Report: Within 60 calendar days of issuance of certificate of completion. • One Year Inspection Memorandum: Within 5 calendar days of site visit which will occur approximately 65 days prior to end of 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". SCHEDULE Date Activity November 3, 2014 NTP March 2, 2014 90% submittal April 6, 2015 City/USBOR Review May 11, 2015 100% Final Submittal May 25, 2015 Advertise for Bids June 3, 2015 Pre-Bid Conference EXHIBIT"A" Page 12 of 13 Revised June 30,2014 June 17, 2015 Receive Bids July 28, 2015 Contract Award August 28, 2015 Begin Construction June 30, 2017 Complete Construction 3. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1-4, NE will submit monthly statements for basic services rendered. In Section I.A.1-3, 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. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. 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: C. Summary of Fees Fee for Basic Services 1. Preliminary Phase N/A 2. Design Phase $ 192,540 Subtotal Basic Services Fees $ 192,540 Fee for Additional Services 3. Bid Phase $ 16,300 4. Construction Phase $ 172,380 Subtotal Additional Services Fees $ 188,680 Total Authorized Fee $ 381,220 EXHIBIT"A" Page 13 of 13 Revised June 30,2014 EXHIBIT "A-1" TASK LIST (Provides supplemental description to Exhibit"A". Exhibit"A-1"Task List does not supersede Exhibit"A.") CITY OF CORPUS CHRISTI, TEXAS CHOKE CANYON DAM — SPILLWAY GATE REHABILITATION (Project No. El 4043) Basic Services: Spillway Radial Gate and Stoplog Slot Rehabilitation 1) Project Kickoff Meeting - Provide (1) electronic copy (.pdf) of the final meeting minutes 2) Technical Specifications Table of Contents (TOC) - Provide (1) electronic copy (.pdf) of the TOC. 3) 90% Review Submittal—Provide(5) hardcopies and (1)electronic copy(.pdf)of the drawings/specifications/other contract documents and Plan Executive Summary to include Opinion of Probable Construction Costs (OPCC) 4) 90% Review Meeting — Provide (1) electronic copy (.pdf) of the final meeting minutes 5) Issued for Bid Submittal—Provide(5) hard copies and 1 electronic copy(.pdf)of the Bid Set and OPCC Additional Services: Spillway Radial Gate and Stoplog Slot Rehabilitation 6) Bid Support— Provide a pre-bid meeting agenda and provide RFI response or addenda in response to questions from contractors 7) Bid Support— Provide (1) electronic copy of the Bid Tabulation 8) Bid Support— Provide (1) electronic copy of a written award recommendation based on bid evaluations 9) Construction Support — Provide contractor submittal review comments and responses EXHIBIT"A-1" Page 1 of 2 Revised April 2010 10) Construction Support— Provide monthly construction progress reports 11) Construction Support—Provide(1)electronic copy of site visit memoranda after site visits 12) Construction Support—Provide(1)electronic copy of the substantial completion punch list 13) Construction Support — Provide (1) electronic and (3) hard copies of record drawings 14) Construction Support—Provide (1) electronic and (3) hard copies of the project Completion Report 15) Construction Support — Provide (1) electronic and (3) hard copies of the one- year inspection technical memorandum EXHIBIT "A-1" Page 2 of 2 Revised April 2010 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A/E PROFESSIONAL SERVICES/CONSULTANT SERVICES (Revised November 2013) 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 K.\Engineering DataExchange\JENNIFER\FORMS\Exhibit B for Large Freese and Nichols-Insurance&Indemnification.docx 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 policies; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. EXHIBIT"B" Page 2 of 3 K:\Engineering DataExchange\JENNIFER\FORMS\Exhibit B for Large Freese and Nichols-Insurance&Indemnification docx H. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant agrees to 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 the negligent performance of Consultant's services in connection with the work 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 K.\Engineering DataExchange\JENNIFER\FORMS\Exhibit B for Large Freese and Nichols-Insurance&Indemnification docx 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 1,500 509` 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 096 Subtotal Additional Servicers $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 1196 Total of Fees $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% R SUPPLIER NUMBER TO BE ASSIGNED BY CTI Y PURCHASING DIVISION Corpus CITY OF CORPUS CHRISTI City DISCLOSURE OF INTEREST Chnsti 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: Freese and Nichols P.O.BOX: N/A 800 N.Shoreline Blvd, STREET ADDRESS: Suite 1600N CITY: Corpus Christi ZIP: 78401 FIRM IS: 1. Corporation 11-- 2. Partnership 3. Sole Owner El4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each employee" of the City, of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm' Name Job Title and City Department(if known) 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 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 ke Consultant 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 ingeneral 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: Ron Guzman,P.E. Title: Principal (Type or Print )12_ of Certifying n — Date: `, Person: " 't'~ 1 l 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.