HomeMy WebLinkAboutC2014-376 - 12/16/2014 - 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 Urban Engineering, a
Texas corporation, 2725 Swantner Drive, Corpus Christi, Nueces County, Texas 78404,
(Architect/Engineer—NE), hereby agree as follows:
1. SCOPE OF PROJECT
Allison Wastewater Treatment Plant Lift Station and Plant Improvements(Project No.
E10043) - The project provides for the design and construction of lift station pumps and
piping replacement, new electrical control room, new emergency generator, disinfection
equipment replacement, clarifier telescopic valve replacement, new dewatering drain line,
east aeration discharge piping modifications, and pre- and post-thickener scum baffle
replacement.
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
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
2014-376 Contract for Engineering(NE)Services
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Urban Engineering INDEXED
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 $244,020.00 (Two Hundred Forty-Four
Thousand 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.)
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
Contract for Engineering(A/E)Services
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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 C v -US CHRISTI URBAN ENGINEERING
2-1 44,01 2v 1 S
Date James L. Urban, . ., Date
Acting Director, Capital Programs Principal
ST40C-wtoiteP 2725 Swantner Drive
Corpus Christi, Texas 78404
RECOMMENDED (361) 854-3101 Office
(361) 854-6001 Fax
•p= a '• • Departme t Date
A OVED AS TO LE AL FORM
26, ?-9M
ssistant City Attorney Date
for City Attorney
APP- •V D rilihutoi.L.,
I iz
O i - of Management Da �....�---
and Budget SECRETARY
ATTEST
Rebecca Huerta, City Secretary
Project No: E10043 Mis5torl 0(.4
Fund Source No: 550950-4252-00000-E10043
Fund Name: Wastewater 2013 CIP
Encumbrance No:
Contract for Engineering(NE)Services
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EXHIBIT "A"
CITY OF CORPUS CHRISTI, TEXAS
ALLISON WASTEWATER TREATMENT PLANT
LIFT STATION AND PLANT IMPROVEMENTS
PROJECT NO. E10043
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) Request available reports, record drawings, utility maps and other information
provided by the City pertaining to the project area.
d) Coordinate with the City's Project Manager and identify operating departments
potential project needs.
e) Prepare preliminary opinions of probable construction costs for the
recommended improvements.
f) 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, 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 and
parameters which will or may impact the design, including engineering design
basis, preliminary layout sketches, identification of quality and quantity of
materials of construction, and other factors required for a professional design.
2. Include existing site photos.
3. Provide opinion of probable construction costs.
4. Provide anticipated index of drawings and specifications.
g) Submit one (1) copy in an approved electronic format, and one (1) paper copy of
the Draft Engineering Letter Report.
h) 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.
i) 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.
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).
EXHIBIT"A"
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d) Field location of existing city utilities. (NE to coordinate with City Operating
Department)
e) Applicable Master Plans and GIS mapping are available on the City's website.
f) City Control survey Bench marks and coordinates.
The records provided for A/E's use under this contract are proprietary, copyrighted, and
authorized for use only by A/E, and 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 documents in City standard format for the work identified in
the approved ELR. Construction plans to include improvements or modifications
to the wastewater treatment plant. Include standard City of Corpus Christi detail
sheets as appropriate.
b) Prepare construction plans in compliance with CPPSCF using English units on
11"x 17".
c) 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.
d) 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.
e) Provide one (1) set of the pre-final plans and bid documents (90% submittal -
electronic and hard copy using City Standards as applicable) to the City staff for
review and approval purposes with revised estimates of probable costs. Plan
execution summary, project checklist and plan checklist.
f) Hold Project 90% review meeting. Prepare meeting agenda and distribute
meeting meetings to attendees within five working days of the meeting.
Assimilate all review comments, and incorporate any requirements into the plans
and specifications, and advise City of responding and non-responding
participants as appropriate and, upon Notice to Proceed.
g) 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.
h) Assimilate all final review comments Upon approval by the Executive Director of
Public Works, 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.
EXHIBIT"A"
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i) 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..
j) 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.
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 Capital Programs' 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 Capital Programs in accordance with the NE'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.
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.
EXHIBIT"A"
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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.
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 Executive Director of Public Works. NE may not begin work on any
services under this section without specific written authorization by the Executive Director of
Public Works. Fees for Additional Services are an allowance for potential services to be
provided and will be negotiated by the Executive Director of Public Works as required. The NE
shall, with written authorization by the Executive Director of Public Works, perform the following:
1. Construction Observation Services. To Be Determined.
EXHIBIT"A"
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2. Start-up Services. Provide on-site services and verification for all start-up procedures
during actual startup of major Project components (pumps, emergency generator,
switchgear, motor control centers), systems, and related appurtenances if needed and
required.
3. 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".
II. SCHEDULE
Date Activity
NTP
5 Weeks from NTP Draft ELR Submittal
8 Weeks from NTP City Review
10 Weeks from NTP Final ELR Submittal
18 Weeks from NTP 60% Submittal
21 Weeks from NTP City Review
29 Weeks from NTP 90% Design Submittal
32 Weeks from NTP City Review
34 Weeks from NTP 100% Final Submittal
37 Weeks from NTP Advertise for Bids
38 Weeks from NTP Pre-Bid Conference
41 Weeks from NTP Receive Bids
48 Weeks from NTP Contract Award
Construction NTP
340 calendar days from Complete Construction
Construction NTP
Ill. 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 A/E's estimate (and with
EXHIBIT"A"
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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 A/E's monthly statements.
B. Fee for Additional Services. For services authorized by the Executive Director of Public
Works 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
Fee for Basic Services
1. Preliminary Phase $35,000
2. Design Phase $150,000
3. Bid Phase $8,600
4. Construction Phase $38,300
Subtotal Basic Services Fees 231,900
Fee for Additional Services (Allowance)
1. Permit Preparation (as applicable) 0
2. ROW Acquisition Survey 0
3. Topographic Survey\Field Investigation 0
4. Construction Observation Services 0
6. Start-up Services 8,000
7. Warranty Phase 4,120
Sub-Total Additional Services 12,120
Total Authorized Fee $244,020
*Additional Services which are requested to be authorized in coordination with the notice to proceed for
Basic Services.
EXHIBIT"A"
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EXHIBIT "A-1" TASK LIST
CITY OF CORPUS CHRISTI, TEXAS
(Provides supplemental description to Exhibit"A". Exhibit"A-1"Task List does not supersede
Exhibit"A")
ALLISON WASTEWATER TREATMENT PLANT
LIFT STATION AND PLANT IMPROVEMENTS
PROJECT NO. E10043
1. Meet with City staff to identify project goals, timetables, and review existing project issues,
for project implementation.
2. Develop an inventory of existing conditions and perform the required field investigations to
define specific areas of concern.
3. Attend and participate in planning meetings(2 meetings)with City staff to discuss planning
and conceptual design. Gather information and perform close coordination with Utilities
Department staff.
4. Prepare evaluation with detailed scope of issues to be addressed and preliminary estimate
of probable construction costs and make recommendation/review with City staff.
5. Develop design plans to the City's format and specification documents incorporating all
issues with relevant solutions and identifying to the best of the Engineer's knowledge all
potential conflicts and offer solutions.
6. Provide project control and quality review of senior staff to ensure project quality and
completeness.
7. Develop project cost estimate, provide all submittals to the City and meet with staff to review
draft submittals and final plans and make City requested amendments.
8. Prepare addenda, attend bid opening, review bids and provide recommendation to City.
9. Attend pre-construction meeting, review contract documents and respond to Contractor's
questions.
10. Provide project administration services during construction(periodic visits to the project site)
to insure compliance of Contractor with plans and specifications and, upon completion,
make final inspections as well as an inspection after one year of completion for project
warranty requirement.
11. Provide monthly status reports of progress to the City.
EXHIBIT"A-1"
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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"
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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 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"
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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"
Page 3 of 3
K:\Engineering DataExchange\JENNIFER\FORMS\Exhibit B for Large-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 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 $8,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30%
Additional Services:
Permitting $2,000 $0 $0 $3,000 $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 MD TBD TBD TBD 0%
0&M Manuals TBD TBD TBD TED TBD TBD TBD 0%
SCADA TBD TED TBD TED 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 1,827 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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SUPPLIER NUMBER
TO BE ASSIGNED BY cn Y
PURCHASING DIVISION
City of CITY OF CORPUS CHRISTI
Corpus
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: URBAN ENGINEERING
P.O.BOX: N/A
CORPUS 78404
STREET ADDRESS: 2725 SWANTNER DR. CITY: CHRISTI ZIP:
FIRM IS: I. Corporation e 2. Partnership 2 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)
014
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`arm."
Name Title
1`.(1 Ac
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
(A'
. ,
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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: �Vs��t� C J2w,- Title: glouCtrm_
(Type or Print)
Signature of Certifying Date: `. z. t,�
f
Person: 4
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.