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HomeMy WebLinkAboutC2015-444 - 10/27/2015 - Approved • • CITY OF CORPUS CHRISTI AMENDMENT NO. 2 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 Engineerings a Texas corporation, 2725 Swantner Drive, Corpus Christi, Nueces County, Texas, 78404, (Architect/Engineer—NE), hereby agree as follows: 1. SCOPE OF PROJECT Lift Station Repairs — Citywide (Proiect No. E10142) — The scope of the proposed project includes the rehabilitation of up to eight lift stations which require control of flow pumping, the replacement of discharge piping, plug valves, check valves, pumps, pump bases, guide rails and accessories, and miscellaneous items of work required to complete this project in accordance with the plans, specifications, and Contract Documents. 2. SCOPE OF SERVICES The NE hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition,NE will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices)and provide contract administration services, as described in Exhibit"A" and "A-1" to complete the Project. Work will not begin on Additional Services until requested by the NE (provide breakdown of costs, schedules), and written authorization is provided by the 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. 2015-444 10/27/15 M2015-122 Contract for Engineering(N)Page Services o 3 Urban Engineering INDEXED • • 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 total fee not to exceed $164,100.00, (One Hundred Sixty-Four Thousand One Hundred Dollars and Zero Cents) for a total restated fee of $210,340.00 (Two Hundred Ten Thousand Three Hundred Forty Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "C". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the NE at the address of record. In this event, the NE will be compensated for its services on all stages authorized based upon NE and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The NE agrees that at least 75%of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The NE will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the NE staff. If the NE is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the NE fee may be assigned in advance of receipt by the NE without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. Contract for Engineering(NE)Services Page 2 of 3 • • 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. ik • 41 ` CH' URBAN ENGINEERING ; / Vic- MI& -0 °"23IC .H. Edmonds, P.E. a James L. Urban, P.E. Date Director, Capital Programs Principal 2725 Swantner Drive Corpus Christi, TX 78404 RECOM ENDED (361) 854-3101 Office --w-dr (361) 854-6001 Fax _ -,.......4...,_ —a" _____ ---- r3• ‘5.--- •pe : 'g Depa ment Date APPROVED AS TO LEGAL FORM q1a.C.L2,-....%ukit. // I OTS istant City Attorney 'i Date rr COUNCIL�-" � 7-1,-...1.14 ' or City Attorney *SECRE`tirY APP O EDA TO FORM . 1(41qb ffice of Management Date and Budget Project No: E10142 Accounting Unit: 4254-065 Account: 550950 ATTEST Activity: E10142014254EXP F-1 ii---LA.9"1 Account Category: 50950 W Fund Name: Wastewater 2015 '3z Rebecca Huerta, City Secretary VM4. iU s ) - P JW fir.. Contract for Engineering(NE)Services Page 3 of 3 • EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS LIFT STATION REPAIRS - CITYWIDE AMENDMENT NO. 2 PROJECT NO. E10142 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. c) The preliminary budget, specifying the funds available for construction. d) A copy of existing studies and plans. (as available from City Engineering files). AMEND. NO. 2 EXHIBIT"A" Page 1 of 6 • e) Field location of existing city utilities. (NE to coordinate with City Operating Department) f) Applicable Master Plans and GIS mapping are available on the City's website. g) 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 lift stations. 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 (100% 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 100% 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) 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. h) 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 AMEND. NO. 2 EXHIBIT"A" Page 2 of 6 • completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City- provided review comments or provided submittals in accordance with City standards.. i) Prepare and submit Monthly Status Reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide electronic copy the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The NE will: a) Prepare draft Authorization to Advertise (ATA). b) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. c) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. d) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. f) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the NE's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re-advertise that particular portion of the Project for bids. g) Prepare Agenda Memoranda and PowerPoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the NE) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. AMEND. NO. 2 EXHIBIT"A" Page 3 of 6 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. A/E 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. Topographic Survey\Field Investigation. Provide field surveys and investigations, as required for design including the necessary control points, coordinates and elevations of points. AMEND. NO. 2 EXHIBIT"A" Page 4 of 6 • • 2.. 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 9 Weeks from NTP Final ELR submittal 13 Weeks from NTP 60% Design Submittal 16 Weeks from NTP City Review 20 Weeks from NTP 100% Design Submittal 23 Weeks from NTP City Review 25 Weeks from NTP Final Submittal 27 Weeks from NTP Advertise for Bids 29 Weeks from NTP Pre-Bid Conference 31 Weeks from NTP Receive Bids 38 Weeks from NTP Contract Award 43 Weeks from NTP Begin Construction TBD Complete Construction III. FEES A. Fee for Basic Services. The City will pay the NE a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, NE will submit monthly statements for services rendered. The statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E's monthly statements. AMEND. NO. 2 EXHIBIT"A" Page 5 of 6 • 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 CONTRACT AMEND. AMEND. TOTAL NO. 1 NO. 2 Fee for Basic Services 1. Preliminary Phase $0 $2,100 $17,000 $19,100 2. Design Phase 0 18,100 95,500 113,600 3. Bid Phase 0 1,100 7,100 8,200 4. Construction Phase 0 5,000 28,400 33,400 Subtotal Basic Services Fees 0 26,300 148,000 174,300 Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) 0 0 0 0 2. ROW Acquisition Survey 0 0 0 0 3. Topographic Survey\Field 0 1,300 12,900 14,200 Investigation 4. Environmental Issues 0 0 0 0 5. Construction Observation Services 0 0 0 0 6. Start-up Services 0 0 0 0 7. Warranty Phase 0 1,100 3,200 4,300 8. Lift Station Rehab Priority Plan 17,540 0 0 17,540 Update Sub-Total Additional Services 17,540 2,400 16,100 36,040 Total Authorized Fee $17,540 $28,700 $164,100 $210,340 08/13/14 02/12/15 Admin. Admin. City Council Approval Approval Motion No. M2015- *Additional Services which are requested to be authorized in coordination with the notice to proceed for Basic Services. AMEND. NO. 2 EXHIBIT "A" Page 6 of 6 EXHIBIT "A-1" CITY OF CORPUS CHRISTI, TEXAS LIFT STATION REPAIRS - CITYWIDE Amendment No. 2 Project No. E10142 TASK LIST 1. Eight (8) lift stations were included in this amendment proposal: Leeward Lift Station; Jackfish Lift Station, Lake Padre South Lift Station, Seahorse Lift Station, Up River Road Lift Station, Studebaker Lift Station, Turtle Cove Lift Station and Brownlee Lift Station. 2. Meet with Staff to identify project goals, timetables, and review lift station issues, for project implementation. 3. Develop an inventory of existing conditions and perform the required field investigations to define specific areas of concern at up to eight lift stations. 4. Attend and participate in planning meetings(2 meetings)with City staff to discuss planning and conceptual design. Gather information and perform close coordination with Wastewater Department staff. 5. Prepare evaluation with detailed scope of issues to be addressed for each lift station and preliminary estimate of probable construction costs and make recommendation/review with City staff. 6. 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. Contract documents shall include a control of flow plan for each lift station. 7. Provide project control and quality review of senior staff to insure project quality and completeness. 8. 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. 9. Prepare addenda, attend bid opening, review bids and provide recommendation to City. 10.Attend pre-construction meeting, review Contract Documents and respond to Contractor's questions. 11. 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. 12. Review Contractor's control of flow plan for compliance with the plans and specifications and provide project administration during the control of flow operations. 13. Provide monthly status reports of progress to the City. AMEND. NO. 2 EXHIBIT"A-1" Page 1 of 1 • • EXHIBIT B INSURANCE REQUIREMENTS & INDEMNIFICATION 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 Director of Capital Programs with the signed agreement 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 Insurance Requirements&Indemnification- 1 Rev.07/29/2015 EXHIBIT "B" Page 1 of 3 • C. In the event of accidents of any kind related to this contract, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 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: Director of Capital Programs 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. Insurance Requirements&Indemnification-2 Rev.07/29/2015 EXHIBIT "B" Page 2 of 3 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. 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. Insurance Requirements&Indemnification-3 q EXHIBIT 't" Pa•e 3 of 3 Sample toren for Payment Request COMPLETE PROJECT NAME Revised 07/27/00 Project No.XXXX !mice 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 $2,000 $500 $0 $500 25% Warranty Phase 0 1,120 0 1,120 0 0 0 0% Inspection 0 0 1,627 1,627 0 0 0 0% Platting Survey TBD TBD TBD TBD TBD TBD TBD 0% O&M Manuals TBD TBD TBD TBD TBD TBD TBD 0% SCADA TBD TBD TBD TBD TBD TBD TBD 0% Subtotal Additional Services $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% Summary of Fees Basic Services Fees $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2.500 30% Additional Services Fees 2,000 1,120 1,627 4,747 500 0 500 11% Total of Fees $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 2396 SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City of..� CITY OF CORPUS CHRISTI h DISCLOSURE OF INTEREST chn 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: STREET ADDRESS: 2725 Swantner Drive CITY: Corpus Christi ZIP: 78404 FIRM IS: 1. Corporation ❑ 2. Partnership ® 3. Sole Owner 0 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 t n 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 ` /n 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 /44 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 Ai ^ 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 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: James L.Urban,P.E. Title: Principal (Type or Print) Signature of Certifying Date: I iza f i 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. ® DATE(MM/DD/YYYY) A�v CERTIFICATE OF LIABILITY INSURANCE 09/21/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Willis of Illinois, Inc. _NAME: PHONE ! FAX c/o 26 Century Blvd (A/C,No.Ekt):1=877-945-7378 (A/C No11-888-467-2378 _, P.O. Box 305191 E-MAIL Nashville, TN 372305191 USA ADDRESS:certificates®willis.com INSURER(S)AFFORDING COVERAGE NAIC# - INSURER A:Hanover Insurance Company 22292 INSURED Urban Engineering INSURER B: Chuck Urban INSURER C: 2725 Swantner St Corpus Christi, TX 78404 INSURER D: INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER W1095649 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR' 1ADDLiJSUBR ----- -- — POLICY EFF POLICY EXPT -- -- LIMITS -- —_--__- — LTR; TYPE OF INSURANCE 1 INSD WVD POLICY NUMBER (MM/DD/YYYY) IMM/DD/YYYY)l COMMERCIAL GENERAL LIABILITY [ EACH OCCURRENCE I $ DAMAGE TO RENTED CLAIMS-MADE OCCUR , PREMISES(Ea occurrence) I 55 MED EXP(Any one person) ;$ _-- I PERSONAL 8 ADV INJURY I $ .__GEN'L AGGREGATE LIMIT APPLIES PER. I GENERAL AGGREGATE i$ POLICY`�� PRO ! LOC 1 PRODUCTS-COMP/OP AGG $ JECT _ OTHER: $ AUTOMOBILE LIABILITY I I I COMBINED SINGLE LIMIT I$ (Ea accident'_ _ ANY AUTO I BODILY INJURY(Per person) $ ALL OWNED SCHEDULED r--�- —--- -- ---- -___ AUTOS AUTOS AUTOS BODILY INJURY(Per accident) $ II _' --- ---- HIRED AUTOS PROPERTY DAMAGE $ NON-OWNED ',. ,_iPer accident)_ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE-— I $ .moi EXCESS LIAB ! CLAIMS MADE' LAGGREGATE $ I DED ; 1 RETENTION$ Jj $ WORKERS COMPENSATIONPER 1 0TH !AND EMPLOYERS'LIABILITY Y I N STATUTE ER E.L.EACH ACCIDENT_ ANY PROPRIETOR/PARTNER/EXECUTIVE N/A _—_ I!$$ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) .__ $ EL DISEASE-EA EMPLOYEE If yes.describe under 1 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT j $ A Professional Liability LHC900686404 '05/01/2015 05/01/2016 Per Claim: $2,000,000 I 'Aggregate: $4,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: Lift Station Rehabilitation 2015 - Project No. E10142 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Corpus Christi AUTHORIZED REPRESENTATIVE Attn: Risk Management /� 4',..444) P.O. Box 9277 J J Corpus Christi, TX 78469-9277 �,a(� ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD SR ID:10222612 BATCH:Batch #: 171518 l ® DATE(MM/DDIYYYY) ARD CERTIFICATE OF LIABILITY INSURANCE 9/21/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Frost Insurance-Victoria PHONE 361-580-9010 FAX 6835 N Main (A/C N Fet)• _.�(A/C.No):_—_ E-MAIL hall frostinsurance.com Victoria TX 77904 ADDRES3:1 __ INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Am Casualty Co of Readin�PA --------- -- INSURED URBAENG-01 INSURERB:Continental Casualty 20443 --------- Urban Engineering INSURER C:Transportation Insurance Co 2725 Swantner Lane Corpus Christi TX 78404 INSURER D_Texas Mutual Insurance Co 22945 —— _ ——_ INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:242740736 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iADDL,. ------ ---- - T .r__. _. ILSR I TYPE OF INSURANCE SUBR. POLICY EFF POLICY EXP LTR �INSD�WVD' POLICY NUMBER (MM/DDIYYYY) (MM/DDIYYW) LIMITS A ' x i COMMERCIAL GENERAL LIABILITY PMT5091293243 5/1/2015 5/1/2016 EACH OCCURRENCE $1,000,000 F ,DAMAGE TO RENTED CLAIMS-MADE X OCCUR OFREMISES(Ea occurrence) $100,000 MED EXP(Any one person) , $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER-. GENERAL _ ' $2,000,000 7-7 _ ice---- --.--- --- -------- AGGREGATE _ POLICY' I PRO- LOC '1 PRODUCTS-COMP/OP AGG 1 $2,000,000_ JECT OTHER. 1 $ B AUTOMOBILE LIABILITYI BUA5091293100 5/1/2015 COMBINED SIN(3CE LIMI I 5/1/2016 (Eaacciden< $1,000,000 LX. I BODILY INJURY(Per person) $ X ALLLLOAOWNED SCHSCHEDULED BODILY INJURY - - (Per accident) $ NON-OWNED PROPERTY DAMAGE HIRED AUTOS 'AUTOS '(SPeraccident. $ C I UMBRELLA LIAB' [ Tx OCCUR CUP5091293064 5/1/2015 5/1!2016 EACH OCCURRENCE $5,000,000, EXCESS LIAB CLAIMS-MADE AGGREGATE -$ rI DED , , RETENTION$10,000 I$ i D I WORKERS COMPENSATION TSF0001113301 5/1/2015 5/1/2016 PER X STATUTE ER AND EMPLOYERS' H S'LIABILITY Y I N - -- -__ ANY PROPRIETOR/PARTNER/EXECUTIVE _ OFFICER/MEMBER EXCLUDED? i N I A E.L.EACH ACCIDENT '$1,000,000 (Mandatory in NH) E L.D - $1,000,000 DISEASE EA EMPLOYEE If yes,describe under DESCRIPTION OF OPERATIONS below I E .DISEASE-POLICY LIMIT I $1,000,000 I DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project: Lift Station Rehabilitation 2015-Project No. E10142 30 Day Notice of Cancellation applies. The General Liability and Auto Liability policies include a blanket automatic additional insured endorsement when required by written contract. See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Corpus Christi ACCORDANCE WITH THE POLICY PROVISIONS. Risk Management P 0 Box 9277 AUTHORIZED REPRESENTATIVE Corpus Christi TX 78469-9277 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: URBAENG-01 LOC#: ACCORD. ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Frost Insurance-Victoria Urban Engineering POLICY NUMBER 2725 Swantner Lane Corpus Christi TX 78404 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE The General Liability,Auto Liability and Workers Compensation policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract with the Named Insured and the certificate holder that requires such status. Umbrella is follow-form subject to the terms and conditions to the policy ACORD 101 (2008/01) @ 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD