HomeMy WebLinkAboutC2015-023 - 2/17/2015 - Approved AMENDMENT NO. 1
TO CITY OF CORPUS CHRISTI
CONTRACT FOR PROFESSIONAL SERVICES
The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277,
Corpus Christi, Nueces County, Texas 78469-9277(City)acting through its duly authorized
City Manager or Designee (Director of Capital Programs) and Urban Engineering, a
Texas corporation, 2725 Swantner Street, Corpus Christi, Nueces County, Texas 78404,
(Architect/Engineer—NE), hereby agree as follows:
1. SCOPE OF PROJECT
La Volla Creek Drainage Channel Excavation (Project No. E10200)—This project will
involve the improvement of La Volla Creek that crosses SH 357 (Saratoga Boulevard).
The project will provide 100-year capacity for conveyance to the Oso Creek. Phase 1
Channel improvements include the removal of vegetation from North Saratoga Boulevard
and channel widening South of Saratoga Boulevard.
2. SCOPE OF SERVICES
The NE hereby agrees, at its own expense, to perform design services necessary to
review and prepare plans, specifications, and bid and contract documents. In addition,NE
will provide monthly status updates (project progress or delays, gantt charts presented with
monthly invoices) and provide contract administration services, as described in Exhibit
"A", to complete the Project. Work will not begin on Additional Services until requested by
the NE (provide breakdown of costs, schedules), and written authorization is provided by
the Director of Capital Programs.
NE services will be "Services for Construction Projects"- (Basic Services for Construction
Projects")which are shown and are in accordance with"Professional Engineering Services-
A Guide to the Selection and Negotiation Process, 1993" a joint publication of the
Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For
purposes of this contract, certain services listed in this publication as Additional Services
will be considered as Basic Services.
3. ORDER OF SERVICES
The NE agrees to begin work on those authorized Basic Services for this contract upon
receipt of the Notice to Proceed from the Director of Capital Programs. 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 Capital Programs. 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 Capital Programs.
The Director of Capital Programs may direct the A/E to undertake additional services or
tasks provided that no increase in fee is required. Services or tasks requiring an increase
_r r__ ....4..,.".. .,greed and evidenced in writing as an amendment to this contract.
2015-023
2/17/15 Amendment No.1
M2015-020Page 1 of 3
STORM WATER\E10200 LA VOLLA CREEK DRAINAGE CHANNEL EXCAVATION\+MD 1 URBAN\CONTRACT
Urban Engineering INDEXED
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
In the original contract, Exhibit "A" FEES shall be modified for a total fee not to exceed
$197,646.00 (One Hundred Ninety Seven Thousand Six Hundred Forty Six Dollars and
Zero Cents), for a restated fee not to exceed $335,646.00, (Three Hundred Thirty Five
Thousand Six Hundred Forty Six Dollars and Zero Cents) as shown in the attached
Amendment No. 1, Exhibit "A". Monthly invoices will be submitted in accordance with
Exhibit "C".
6. TERMINATION OF CONTRACT
The City may, at any time, with or without cause, terminate this contract upon seven days
written notice to the NE at the address of record. In this event, the NE will be
compensated for its services on all stages authorized based upon NE and City's estimate
of the proportion of the total services actually completed at the time of termination.
7. LOCAL PARTICIPATION
The City Council's stated policy is that City expenditures on contracts for professional
services be of maximum benefit to the local economy. The NE agrees that at least 75%of
the work described herein will be performed by a labor force residing within the Corpus
Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work
described herein will be performed by a labor force residing outside the Corpus Christi
Metropolitan Statistical Area (MSA.)
8. ASSIGNABILITY
The NE will not assign, transfer or delegate any of its obligations or duties in this contract
to any other person without the prior written consent of the City, except for routine duties
delegated to personnel of the A/E 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
Amendment No. 1
Page 2 of 3
K:\ENGINEERING DATAEXCHANGEWNGIEM\STORM WATER\E10200 LA VOLLA CREEK DRAINAGE CHANNEL EXCAVATIONWMD 1 URBAN\CONTRACT
PROFESSIONAL SERVICES.DOC
used again by the NE without the express written consent of the Director of Capital
Programs. 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.
CI a OF ORP/ RISTI U N ENGINE tILL....G,
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Jer r ' ia raker, P.E. Date Rhodes Urban, P.E., R.P.L.S. Date
Acti g -irector of Capital Programs Principal
2725 Swantner Street
Corpus Christi, TX 78404
RECOMMENDED (361) 854-3101 Office
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• •era g Depart "ent Date
AP OVED AS TO EGAL FORM
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egal Department Date
Project No. E10200
APP V Dvi. Accounting Unit: 3495-043
Account: 550950
1(27Activity: E10200013495EXP
�� Account Category: 50950
Office of Management at Fund Name: Storm Water CIP 2012B Rev. Bonds
and Budget Encumbrance No.
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Rebecca Huerta, City Secretary ft -_-_.- � �
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Amendment No.1
Page 3 of 3
K\ENGINEERING DATAEXCHANGE\ANGIEM\STORM WATER\E10200 LA VOLLA CREEK DRAINAGE CHANNEL EXCAVATION\AMD 1 URBAN\CONTRACT
PROFESSIONAL SERVICES.DOC
EXHIBIT A
CITY OF CORPUS CHRISTI, TEXAS
La Voila Creek Drainage Channel Excavation
(PROJECT NO. E10200)
1. SCOPE OF SERVICES
A. Basic Services (Complete).
Basic Services will include the following in addition to those items shown on Exhibit"A-
1" Task List.
1. Preliminary Phase. The Architect/Engineer-A/E will:
It is the intent of the Preliminary Phase to provide a study and report of project scope
with economic and technical evaluation of alternatives, and upon approval, proceed in a
Design Memorandum which includes Preliminary designs, drawings, and written
description of the project. This report shall include:
a. Analysis of existing hydraulic conditions of the channel, hydraulic modeling of
proposed improvements and recommendations for phased improvements.
b. Confer with the City staff, United States Army Corps of Engineers and TXDOT
regarding the design parameters of the Project. The Engineer will participate in a
minimum of three(3)formal meetings with City staff, provide agenda and purpose for
each formal meeting; document and distribute meeting minutes and meeting report
within seven (7)working days of the meeting. The NE will participate in discussions
with the operating department and other agencies(such as the Texas Department of
Transportation(TXDOT)and Texas Commission of Environmental Quality(TCEQ))
as required to satisfactorily complete the Project.
c. Submit one (1) copy in an approved electronic format, and one (1) paper copies of
the Design Memorandum (or Engineering Report), with executive summary,
including opinion of probable construction costs with life cycle analysis, defined
technical evaluations of identified feasible alternatives, and review with City staff to
produce an acceptable format which contains common municipal elements. The
Design Summary Report will include the following(with CONSTRUCTABILITY being
a major element in all the following items):
1) Review of the Project with the respective Operating Department(s) and
discussions including clarification and definition of intent and execution of the
Project; The NE will meet with City staff to collect data, discuss materials and
methods of construction, and identify design and construction requirements.
2) Review and investigation of available records, archives, and pertinent data
related to the Project including taking photographs of the Project site, list of
potential problems and possible conflicts, intent of design, and improvements
required, and conformance to relevant Master Plan(s).
3) Identify results of site field investigation including site findings, existing
conditions, potential right of way/easements, and probable Project design
solutions; (which are common to municipalities).
4) Provide a presentation of pertinent factors, sketches, designs, cross-sections,
and parameters which will or may impact the design, including engineering
AMD. NO. 1
EXHIBIT"A"
Page 1 of 7
•
design basis, preliminary layout sketches, identification of needed additional
services, preliminary details of construction of critical elements, identification of
needed permits, identification of specifications to be used, identification of quality
and quantity of materials of construction, and other factors required for a
professional design (CONSTRUCTABILITY).
5) Advise of environmental site evaluations and archeology reports that are needed
for the Project (Environmental issues and archeological services to be an
Additional Service).
6) Identify and analyze requirements of governmental authorities having jurisdiction
to approve design of the Project and permitting, environmental, historical,
construction, and geotechnical issues; and meet with pertinent authorities.
7) Confer, discuss, and meet with City operating department(s) and Engineering
Services staff to produce a cohesive, well-defined proposed scope of design,
probable cost estimates(s) and design alternatives.
8) Provide a letter stating that the NE and Sub-consultant Engineers have checked
and reviewed the Design Summary Report prior to submission.
9) Additional items are required with the design memorandum to identify and
summarize the project by distinguishing key elements such as:
• Pipe Size or Building Size
• Pipe Material, etc.
• Why one material is selected over another
• Pluses of selections
• ROW requirements and why
• Permit requirements and why
• Easement requirements and why
• Embedment type and why
• Constructability, etc.
• Specific requirements of the City
• Standard specifications
• Non-standard specifications
• Any unique requirements
• Cost, alternatives, etc.
• Owner permit requirements and status
d. Field location of existing utilities using Texas one-call system (Coordinate with
appropriate City Operating Departments).
e. A subsurface utility engineering survey is not anticipated to be necessary at this point
in the project.
City staff will provide one set only of the following information (as applicable):
a. Record drawings, record information of existing facilities, and utilities (as available
from City Engineering files).
b. The preliminary budget, specifying the funds available for construction;
c. A copy of existing studies and plans. (as available from City Engineering files).
d. Field location of existing city utilities. (NE to coordinate with City Operating
Department).
e. Provide applicable Master Plans.
AMD. NO. 1
EXHIBIT"A"
Page 2 of 7
2. Design Phase.
Upon approval of the preliminary phase, designated by receiving authorization to
proceed, the NE will:
a. Study, verify, and implement Preliminary Phase recommendations including
construction sequencing, connections to the existing facilities, and restoration of
property and incorporate these plans into the construction plans. Development of
the construction sequencing will be coordinated with the City Operating
Department(s), Engineering Services staff and TXDOT.
b. Provide one (1) copy of 60% construction documents in City format (using City
Standards as applicable), including a list of specifications and drawings,the size and
character of the entire Project; description of materials to be utilized; and such other
essentials as may be necessary for construction and cost analysis.
c. Provide assistance identify testing,handling and disposal of any hazardous materials
and/or contaminated soils that may be discovered during construction(to be included
under additional services).
d. Prepare final quantities and estimates of probable costs with the recommended
construction schedule. The construction schedule will provide a phased approach to
better track progress and payments.
e. Provide one(1)copy of pre-final plans and bid documents to the City staff for review
and approval purposes with revised estimates of probable costs. Compile
comments and incorporate any requirements into the plans and specifications, and
advise City of responding and non-responding participants.
f. Assimilate all review comments, modifications, additions/deletions and proceed to
next phase, upon Notice to Proceed.
g. Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that
submittal of the interim, pre-final, 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 staff.
The Consultant NE and Sub-consultant NE shall submit a letter declaring that all
engineering disciplines of all phases of the submittals have been checked, reviewed,
and are complete prior to submission, and include signature of all disciplines
including but not limited to structural, civil, mechanical, electrical, etc.
h. Upon approval by the Director of Engineering Services, provide one (1) set (hard
copy and electronic)of final plans and contract documents suitable for reproduction
(In City Format) and said bid documents henceforth become the sole property and
ownership of the City of Corpus Christi.
i. 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.
j. Prepare and submit monthly status reports by the fifth of each month with action
items developed from monthly progress and review meetings.
k. Provide a Storm Water Pollution Prevention Plan.
The City staff will:
a. Designate an individual to have responsibility, authority, and control for coordinating
activities for the Professional Services contract awarded.
b. Provide the budget for the Project specifying the funds available for the construction
contract.
AMD. NO. 1
EXHIBIT"A"
Page 3 of 7
c. Provide electronic files of 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. Participate in the pre-bid conference and provide a recommended agenda for critical
construction activities and elements impacted the project.
b. Assist the City in solicitation of bids by identification of prospective bidders, and
review of bids by solicited interests.
c. Review all pre-bid questions and submissions concerning the bid documents and
prepare, in the City's format,for the Engineering Services' approval,any addenda or
other revisions necessary to inform contractors of approved changes prior to bidding.
d. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make
recommendation concerning award of the contract.
e. In the event the lowest responsible bidder's bid exceeds the project budget as
revised by the Engineering Services in accordance with the 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.
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 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 for conformance to contract documents, shop and working drawings,
materials and other submittals.
c. Provide testing schedule and review 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 two visits per month 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.
AMD. NO. 1
EXHIBIT"A"
Page 4 of 7
•
f. Prepare change orders as authorized by the City (coordinate with the City's
construction division); 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. Make final inspection with City staff and provide the City with a Certificate of
Completion for the project.
h. Review construction "red-line" drawings, prepare record drawings of the Project as
constructed (from the "red-line" drawings, inspection, and the contractor provided
plans)and deliver to the Engineering Services a reproducible set and electronic file
(AutoCAD r.14 or later) of the record drawings. All drawings will 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.
c. Designate an individual to have responsibility, authority, and control for coordinating
activities for the construction contract awarded.
B. Additional Services
This section defines the scope (and allowance where noted) for compensation for additional
services that may be included as part of this contract, but the NE will not begin work on this
section without specific written approval by the Director of Engineering Services. Fees for
Additional Services are an allowance for potential services to be provided and will be
negotiated by the Director of Engineering Services as required. The NE will, with written
authorization by the Director of Engineering Services, do the following:
We don't anticipate that any permitting will be necessary for the preliminary phase of the
project. However, the preliminary phase will identify permitting requirements for the proposed
improvements.
1. Topographic Surveys. Provide field surveys, as required for design including transects of
the channel needed for hydraulic modeling and conceptual design(Preliminary Phase),a pre
excavation topographic survey of Phase 1 after it has been cleared and a post construction
topographic survey after all earth moving has been completed (Construction Phase). We
recommend confirming actual cubic yards of earth moved by comparing pre and post
construction surveys.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.
2. Coordinate with Oso Basin Drainage Study. Coordinate with city's consultant studying
the Oso Creek Drainage Basin. Coordination will include attending periodic meetings and
sharing of study data.
AMD. NO. 1
EXHIBIT"A"
Page 5 of 7
3. Field Engineering. Provide field engineering services to adapt plans to conditions that are
unknown or could not be quantified prior to clearing of the site. Clearing of the site will be the
first step in the construction sequence.
4. Public Meeting. Participate in public meetings (two) to coordinate with the community
and to obtain community support for the project, including all necessary exhibits as
directed by the City.
5. Environmental Issues. Identify and develop a scope of work for any testing, handling and
disposal of hazardous materials and/or contaminated soils that may be discovered during
construction.
6. 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.
2. SCHEDULE
PROPOSED POT SCHEDULEFOR.PHASE 'i ..... ., m"
ACTIVITY DURRATION
Produce 60% Set of Plans 60 Days
Produce Pre-final Plans 45 Days from Receiving Review Comments
Produce Final Plans & Docs 21 Days from Receiving Review Comments
Bidding &Award 90 Days
Construction 9 Months
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. 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 City 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:
AMD. NO. 1
EXHIBIT"A"
Page 6 of 7
C. Summary of Fees
PRELIMINARY (COMPLETE)
Fee for Basic Services
1. Preliminary Phase $50,000
Subtotal Basic Services Fees $50,000
Fee for Additional Services (Allowance)
1. Topographic Survey (AUTHORIZED) $15,000
2. Brush Clearing (ALLOWANCE) $65,000
3. Coordinate with Oso Basin Drainage Study(ALLOWANCE) $8,000
Sub-Total Additional Services Fees $53,000
Total Preliminary Authorized Fee $138,000
PHASE 1
Fee for Basic Services
1. Design Phase $100,000
2. Bid Phase $4,429
3. Construction Phase $17,717
Subtotal Basic Services Fees $122,146
Fee for Additional Services
1. (2)Topographic Surveys $30,000
2. Coordinate with Oso Basin Drainage Study(ALLOWANCE) $3,000
3. Field Engineering $10,000
3. Public Meeting (ALLOWANCE) $5,000
4. Environmental Issues (ALLOWANCE) $20,000
5. Warranty Phase $7,500
Sub-Total Additional Services Fees $75,500
Total Phase 1 Fee $197,646
AMD. NO. 1
EXHIBIT"A"
Page 7 of 7
EXHIBIT B
INSURANCE REQUIREMENTS & INDEMINIFICATION
I. CONSULTANT'S LIABILITY INSURANCE
A. Consultant must not commence work under this contract until all insurance required has been obtained
and such insurance has been approved by the City. Consultant must not allow any subcontractor to
commence work until all similar insurance required of any subcontractor has been obtained.
B. Consultant must furnish to the City's Risk Manager and Director of Capital Programs. two (2) copies of
Certificates of Insurance with applicable policy endorsements showing the following minimum coverage
by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an
additional insured on the General liability and Auto Liability policies, and a waiver of
subrogation is required on all applicable policies. Endorsements must be provided with
Certificate of Insurance. Project name and/or number must be listed in Description Box of
Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of Bodily Injury and Property Damage
cancellation, non-renewal, material Per occurrence - aggregate
change or termination required on all
certificates and policies.
Commercial General Liability including: $1,000,000 Per Occurrence
1. Commercial Broad Form $2,000,000 Aggregate
2. Premises—Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury-Advertising Injury
AUTO LIABILITY (including) $1,000,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
PROFESSIONAL LIABILITY $1,000,000 Per Claim
(Errors and Omissions) $2,000,000 Aggregate
(Defense costs not included in face value
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
insured.
WORKERS'S COMPENSATION Statutory
(All States Endorsement if Company is not
domiciled in Texas)
Employer's Liability $500,000/$500,000/$500,000
C. In the event of accidents of any kind related to this contract, Consultant must furnish the Risk Manager
with copies of all reports of any accidents within 10 days of the accident.
AMD. NO. 1
EXHIBIT"B"
Page 1 of 3
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Consultant must obtain workers' compensation coverage through a
licensed insurance company. The coverage must be written on a policy and endorsements approved by
the Texas Department of Insurance. The workers' compensation coverage provided must be in an
amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be
promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of
Texas.
B. 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.
C. Consultant shall be required to submit a copy of the replacement Certificate of Insurance to City at the
address provided below within 10 days of any change made by the Consultant or as requested by the
City. Consultant shall pay any costs incurred resulting from said changes. All notices under this Exhibit
shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. 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:
• List the City and its officers, officials, employees, and volunteers, as additional insureds by
endorsement with regard to operations, completed operations, and activities of or on behalf of the
named insured performed under contract with the City, with the exception of the workers' compensation
policy;
• 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;
• Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of
the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-
renewal, material change or termination in coverage and not less than ten (10) calendar days advance
written notice for nonpayment of premium.
E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of
coverage, 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.
F. 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. AMD. NO. 1
EXHIBIT"B"
Page 2 of 3
G. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may
be held responsible for payments of damages to persons or property resulting from Consultant's or its
subcontractor's performance of the work covered under this contract.
H. 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.
I. It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this contract.
INDEMNIFICATION
Consultant shall fully indemnify, hold harmless, and defend the City of Corpus Christi and its officials,
officers, agents, employees, volunteers, directors and representatives ("Indemnitee") from and against
any and all claims, damages, liabilities or costs, including reasonable attorney fees and defense costs,
caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or
failure to pay a subcontractor or supplier committed by Consultant or its agent, consultant under
contract or another entity over which Consultant exercises control while in the exercise of rights or
performance of the duties under this agreement. This Indemnification does not apply to any liability
resulting from the negligent acts or omissions of the City of Corpus Christi or its employees, to the
extent of such negligence.
Consultant must, at City's option, defend Indemnitee and with counsel satisfactory to the City
Attorney.
Consultant must advise City in writing within 24 hours of any claim or demand against City or
Consultant known to Consultant related to or arising out of Consultant's activities under this
Agreement.
AMD. NO. 1
EXHIBIT"B"
Page 3 of 3
COMPLETE PROJECT NAME
Project No. xxxxxx
Invoice No. 12345
Invoice Date:
Total Amount Previous Total Percent
Basic Services: Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete
Preliminary Phase $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7%
Design Phase 20,818 0 0 20,818 1,000 500 1,500 7%
Bid Phase 0 0 0 0 0 0 0 n/a
Report Phase 14,166 0 0 14,166 0 0 0 0%
Construction Phase 0 0 0 0 0 0 0 n/a
Subtotal Basic Services $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5%
Additional Services:
Permitting $0 $0 $0 $0 $0 $0 $0 n/a
Warranty Phase 0 0 0 0 0 0 0 n/a
Inspection 9,011 0 0 9,011 0 0 0 0%
Platting Survey 29,090 0 0 29,090 0 0 0 0%
Reporting 1,294 0 0 1,294 0 0 0 0%
O & M Manuals TBD TBD TBD TBD TBD TBD 0 0%
SCADA TBD TBD TBD TBD TBD TBD TBD 0%
Subtotal Additional Services $39,395 $0 $0 $39,395 $0 $0 $0 0%
Summary of Fees
Basic Services Fees $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5%
Additional Services Fees 39,395 0 0 39,395 0 0 0 0%
Total of Fees $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3%
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Z11141Q SUPPLIER NUMBER
TO BE ASSIGNED BY CITY
PURCHASING DIVISION
City of CITY OF CORPUS CHRISTI
Chn
t; 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. Everyquestion 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
STREET ADDRESS: 2725 Swantner Drive CITY: Corpus Christi ZIP: 78404
FIRM IS: 1. Corporation _ 2. Partnership 3. Sole Owner ❑
4. 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
N 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."
NaAr/ 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
N lA 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."
Nam. Consultant
•
a
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: Rhodes Urban,P.E.,R.P.L.S. Titl : Principal
(Type or Print)
Signature of Certifying (L:4„)...7<(..4._......e Date: ifxjAid
ZOfs
Person:
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.