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HomeMy WebLinkAboutC2015-527 - 11/17/2015 - 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 Coym, Rehmet & Gutierrez Engineering, L.P.,a Texas corporation, 5656 South Staples Street, Suite 230, Corpus Christi, Nueces County, Texas, 78411, (Architect/Engineer—NE), hereby agree as follows: 1. SCOPE OF PROJECT McBride Lift Station and Force Main Improvements (Project No. E14054) — This contract provides for specific engineering services for the construction of a new McBride lift station, force main boring and route under IH-37, and demolition of existing lift station. 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. 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 2015-527 11/17/15 Contract for Engineering(NE)Services M2015-131 Page 1 of 3 Coym Rehmet& Gutierrez INDEXED • • 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$391,870.00,(Three Hundred Ninety-One Thousand jht Hundred Seventy 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. CITY OF CORPUS HRISTI COYM, REHMET & GUTIERREZ OP ENGINEERING, L.P. y — //2-3/p; , A7.4.4- !I/4AS J. . Edmonds, P.E. Date J. Don Rehmet, P.E., R.P.L.S. Da{e Director, Engineering Services Principal 5656 S. Staples, Suite 230 Corpus Christi, TX 78411 RECOMMENDE' (361) 991-8550 Office ;" (361) 993-7589 Fax ls 1 3 S ,.aper. ing Department Pate APPROVED AS TO LEGAL FORM . bi-0.34,5141.1 Z��z.�2� /�lJ /, i,--;(— // ssT COUNCIL City Attorney Date dl ! for City Attorney 3ECRETAQv'� ii APP 'OVED I , e fia, ,4 11 ( Aiii O ice of Management nat and Budget Project No: E14054 I Account: 550950 r2j2L.Qyz..x.4„ATTEST /4..t. Activity: 200452O14252EXP Account Category: 50950 Fund Name: Wastewater 2013 RVBD Rebecca Huerta, City Secretary Vat 5'13108 407//t,e-, t 2a3�)41,2fte Contract for Engineering(NE)Services Page 3 of 3 • MS S.MAPLES,SUITE 210 Coym RelzmetS GutierrezCORPUS CHRISTI,TX Mal Engineering,L.P. °�74 � ENGINEERS•PLANNERS•SURVEYORS AIJCE,TX 78332 TBPE Firm Reg.No.F-388 381,4844112L FAQ TBPLS Firm Reg.No.10104001 October 12, 2015 Mr.Jeff Edmonds, P.E. Via Email Director of Capital Programs City of Corpus Christi P.O. Box 9277 Corpus Christi,Texas 78469-9277 RE: Proposed Scope& Fees For Engineering Services McBride Lift Station&Force Main Project City of Corpus Christi Project No. E14054 CRG Project No.20908c Dear Mr. Edmonds, This correspondence outlines our Proposed Scope of Work and Fees for performing engineering services related to the McBride Lift Station and Force Main Project. The total fees for Basic and Additional Services as described below are 5391,870.00. A summary of major tasks associated with these fees along with a detailed manhour/fee analysis are attached to this letter as Exhibit A and Exhibit B,respectively. Additionally,a table of fees and a proposed schedule are located at the end of this letter. CRG proposes to perform the following services: PRELIMINARY PHASE: 1. Review Design Memorandum by Dennis Seeman, P.E. (circa 2004) of Arcadis G&M, Inc. for the McBride Lift Station and Force Main.The report has been furnished by the City. 2. Review as-built plans for McBride Lift Station Force Main Replacement by Arcadis G&M, Inc. The as-builts have been furnished by the City. 3. Review pertinent Maximo Asset Management records applicable to the McBride Lift Station and Force Main. Records to be furnished by the City. 4. Meet with Bob Carle, Wastewater Department Lift Stations Superintendent, regarding operations of the McBride Lift Station and existing force main. 5. Review other existing record drawings and other pertinent data as may be available and which may affect the design of the lift station, incoming gravity sewers and force mains. 6. Perform preliminary topographic and boundary survey work to ascertain limits and features of the existing lift station site and the surrounding tracts of land. Location of existing gravity sewers and force mains will be ascertained by above-ground observations and as-built drawings. 7. Review the McBride Lift Station Expansion Survey provided by the City's Land Acquisition Survey Department. 8. Review City Maintenance records regarding the condition of the McBride Lift Station and Force Main. EXHIBIT "A" Page 1 of 6 Mr.Jeff Edmonds,P.E. Proposed Scope&Fees Engineering Services October 12,2015 9. Review existing Geotechnical Report by Rock Engineering and Testing Laboratory dated June 26, 2009. Determine if existing soil sampling performed in this report is adequate or if additional sampling is required. 10.Perform calculations of lift stations sizing utilizing peak flow projections as reviewed and approved by Engineering Department and Wastewater Department staff,and prepare preliminary layouts to ascertain dimensions of the new facility. Perform hydraulic model calculations for performance of the McBride Lift Station under near-term and future conditions using Bentley SewerGems modeling software. 11.Meet with Engineering Department and Wastewater Department staff to review proposed layouts and select final lift station and force main layout. 12.Meet with area TxDOT officials and engineers to discuss requirements and permitting for force main boring installation under IH-37 TxDOT R.O.W. (See Additional Services Item 5 "TxDOT Utility Installation Review(UIR) and Permitting"). 13.Meet with owner of existing gas line present within site boundaries to discuss construction activities adjacent to gas line.Owner currently identified as Southcross Energy. 14.Prepare a Design Memorandum for the improvements to include a new lift station, gravity sewer routes if applicable,force main boring and route under IH-37 and demolition of existing Lift Station. Utilize the City's "Pictometry" system as required for exhibits in the memorandum.The lift station will generally have, but not be limited to, the following features: • Electrical and controls housed in a prefabricated,climate controlled, walk-in Motor Control Center (MCC) • Uft Station Odor Control System • 8-ft.Decorative Security Fence(solid or chain link) • Homeland Security Gate and Access System • Standby Generator • SCADA Facilities • Landscaping and Irrigation • Reinforced Concrete Wet Well • Submersible Pumps • Above Ground Piping and Valving • Demolition of Existing Old McBride Lift Station 15. Prepare a preliminary opinion of probable cost for the project. 16. Prepare and submit one electronic file in PDF format and one hard copy of the Design Memorandum addressing items 1-15 above to the City for review.Upon review by the City,address any concerns and resubmit final version of memorandum.Obtain approval to proceed with Design Phase. City Staff will provide one set only of the following during the Preliminary Phase (as applicable): a. Record drawings, record information of existing facilities and utilities (as available from City Engineering files). b. A copy of pertinent existing studies and plans(as available from City Engineering files). c. Maximo Asset Management records pertinent to the McBride Lift Station. d. Run-time and flow meter records for the existing McBride Lift Station. e. Pertinent operational records regarding the McBride Lift Station. EXHIBIT "A" Page 2 of 6 • • Mr.Jeff Edmonds,P.E. Proposed Scope&Fees Engineering Services October 12,2015 DESIGN PHASE: 18.Prepare Contract Documents and Specifications to include the following Divisions, Parts and Subsequent Sections: • Division 00: Procurement and Contracting Requirements • Division 01:General Requirements • Part S:Standard Specifications • Part T:Technical Specifications 19.Provide Quality Assurance/Quality Control (QA/QC)for pre-final review and prepare submittal for the City's Review depicting final complete development of the construction drawings and specifications. 20.Address comments received from the City for the pre-final submittal. 21.Provide Quality Assurance/Quality Control (QA/QC) for final review and submit one (1) hard copy and one (1) electronic copy of the final contract drawings and specifications to the City for bidding process. 22.Update the Opinion of Probable Cost. BID PHASE ALLOWANCE: 23.Participate in the pre-bid conference and provide a recommended agenda for critical construction activities and elements impacted by the project. 24.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. 25.Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. 26.In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re-advertise that particular portion of the Project for bids. The City staff will perform the following tasks during Bidding Phase (as applicable): 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 A/E)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. CONSTRUCTION PHASE ALLOWANCE: 27.Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted by the project. 28.Review for conformance to contract documents, shop and working drawings, materials and other submittals. EXHIBIT "A" Page 3 of 6 • • Mr.Jeff Edmonds,P.E. Proposed Scope&Fees Engineering Services October 12,2015 29.Review field and laboratory tests. 30.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. 31.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. 32.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. 33.Make pre-final and final inspections with City staff and provide the City with a Certificate of Completion for the project. 34.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 perform the following tasks during the Construction Phase: a. Designate an individual to have responsibility, authority, and control for coordinating activities for the construction phase. b. Prepare applications/estimates for payments to contractor. c. Conduct the final acceptance inspection with the Engineer. ADDITIONAL SERVICES ALLOWANCES: 1. Boundary Survey. The A/E will review existing ROW and City tract boundaries deeds to ascertain any conflicts and provide field surveys to exactly ascertain the City Property Boundaries in the proximity of the proposed project. All work must comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with all TxDOT requirements as applicable. A/E Consultant will be required to perform all necessary deed research. 2. Topographic Survey. Provide field surveys, as required for design including the necessary control points, coordinates and elevations of points. Establish base survey controls for line and elevation staking(not detailed setting of lines and grades for specific structures and facilities).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. 3. Environmental Issues. (To be determined) EXHIBIT "A" Page 4 of 6 Mr.Jeff Edmonds,P.E. Proposed Scope&Fees Engineering Services October 12,2015 4. TxDOT Utility Installation Review (UIR) and Permitting. Prepare all engineering data and documentation necessary to submit a UIR on the City's behalf for the installation of the proposed force main in TxDOT R.O.W. Meet with TxDOT Engineering Staff as necessary to devise a final design acceptable to that Department. Coordinate with TxDOT as required to obtain approved permit. 5. Construction Observation Services. (To be determined) Provide a project representative (PR) to provide construction inspection. 6. Start-up Services.Provide on-site services and verification for all start-up procedures during actual start-up of major project components,systems,and related appurtenances if needed and required. 7. 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. 8. Provide SCADA Documentation. Provide standardized SCADA documentation, which will include PFDs, P&IDs' loop sheets, logics, SCADA architecture, DCS I/O lists, instrument lists, tie-in lists, piping lists, equipment lists, and instrumentation specification sheets. HYDRO-EXCAVATION(SUE)SUBCONSULTANT: 1. Hydro-Excavation. Upon receiving authorization from the City to proceed, conduct hydro-excavation to identify underground utilities. The hydro-excavation process will conform to subsurface utility engineering in accordance with ASCE Standard C-I, 38-02, and shall be in accordance with Section I. Basic Services. FEES Basic Services Fees 1. Preliminary Phase $69,660.00 2. Design Phase $206,685.00 Subtotal Basic Services $276,345.00 3. Bid Phase Allowance $6,995.00 4.Construction Phase Allowance $42,730.00 5.Additional Services Allowance $21,365.00 Subtotal Allowances $71,090.00 6. Hydro-Excavation (SUE)Sub-Consultant $44,435.00 Subtotal (SUE) $44,435.00 Total Authorized Fees $391,870.00 EXHIBIT "A" Page 5 of 6 • Mr.teff Edmonds,P.E. Proposed Scope&Fees Engineering Services October 12,2015 SCHEDULE DATE ACTIVITY To Be Determined NTP 2 Months After NTP Draft ELR Submittal 3 Months After NTP City Review 4 Months After NTP Final ELR Submittal 6 Months After NTP 60%Design Submittal 7 Months After NTP City Review 9 Months After NTP 100% Design Submittal 10 Months After NTP City Review TBD Pre-Bid Conference TBD Receive Bids TBD Contract Award TBD Begin Construction TBD Complete Construction Upon review and approval of the before mentioned fees, we will proceed with submittal of a formal contract. We appreciate the opportunity to submit this scope of work and look forward to working with you on this important project. If you have any questions, please call me at(361) 991-8550 or email me at jcovmPcreei.com. Very truly yours, Coym, Rehmet&Gutierrez Engineering, L.P. // 7,444 Je oym, . . Principal EXHIBIT "A" Page 6 of 6 • EXHIBIT A-1 MCBRIDE LIFT STATION & FORCE MAIN PROJECT MAJOR TASK SUMMARY(PROJECT NO. E14054) PRELIMINARY PHASE MAJOR TASKS: 1. Perform Calculations for Peak Flow Sizing of Lift Station. 2. Prepare Preliminary Opinion of Probable Construction Costs. 3. Check capacities using hydraulic modeling. 4. Prepare a Design Memorandum with recommended improvements. DESIGN PHASE MAJOR TASKS: 1. Coordinate with various local entities to ensure continuity of the project. 2. Implement approved Design Memorandum recommendations from Preliminary Phase. 3. Prepare Final Opinion of Probable Construction Costs. 4. Prepare Construction Plans for the proposed improvements. 5. Prepare Contract Documents and Specifications for the proposed improvements. BID PHASE ALLOWANCE MAJOR TASKS: 1. Participate in Pre-Bid Conference. 2. Participate in Bid Opening, evaluate bids and prepare bid tabulation. 3. Provide recommendation of bid award. CONSTRUCTION PHASE ALLOWANCE MAJOR TASKS: 1. Participate in Pre-Construction meeting. 2. Review contractor's submittals for conformance to working drawings and contract documents. 3. Review geotechnical field and laboratory construction tests. 4. Provide interpretations and clarifications of contract documents and construction plans. 5. Perform periodic site visits to observe construction progress. 6. Prepare change orders as authorized by the City(if required). 7. Conduct pre-final and final inspections with City staff and provide Certificate of Completion as required. 8. Prepare "as-built" record drawings with redlines provided by the contractor. ADDITIONAL SERVICES ALLOWANCES MAJOR TASKS: 1. Prepare Boundary Survey. 2. Prepare Topographic Survey. 3. Investigate and address Environmental Issues (To be determined). 4. Perform TxDOT Utility Installation Review (UIR) and acquire permit required for Bored and Cased Force Main construction under IH-37. 5. Provide Construction Observation Service (To be determined). 6. Provide Start-Up Services. 7. Conduct Warranty Inspection and provide City Staff with observations and recommendations. 8. Provide SCADA Documentation. HYDRO-EXCAVATION (SUE) SUBCONSULTANT: 1. Provide Hydro-Excavation services necessary to determine location of underground utilities. Exhibit A-1 Page 1 of 1 • • • EXHIBIT B INSURANCE REQUIREMENTS & INDEMNIFICATION 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 Rev.07/29/2015 EXHIBIT"B" Page 3 of 3 llggI Igggggf tft is ' v itturcI leclm § § § A 0 0 s O O mG °m mO y § 0 § 0. r"IlRi p p , 1I ! 1 ks .. Naow1 sc1 ° Og 1. 44 � 1y d► h N d OaOOOO 0rcO1- Ra $ ' I- Inn src1RRe § § § iga ai e 4 gag8 I 111 z m I ! SIt i gpi 15 ig 1 � P ; E 4 Jam A itiAgua $ ,- EXHIBIT"C" Pa 9 of 1 alli SUPPLIER NUMBER PPUURBCHA.SINGNDIVISION�� �`f CITY OF CORPUS CHRISTI C DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112 as amended,requires all persons or firms seeking to do business with the City to provide the followinginformation. 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: Coym, Rehmet&Gutierrez Engineering. LP. P.O.BOX: STREET ADDRESS: S6S6 S.Staples`Suite 2q0 CITY: Ccirpuc Chrictl ZIP: 78411 FIRM IS: I. Corporation 2. Partnership 3. Sole Owner 0 4. Association 8 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 Cityof Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm: Name Job Title and City Department(if known) N/A 2. State the names of each`official"of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title N/A 3. State the names of each"board member"of the City of Corpus Christi having an"ownership interest"constituting 3%or more of the ownership in the above named"firm. Name Board,Commission or Committee N/A 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 N/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 ingeneral or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter,unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Victor M.Gutierrez Jr..P.E. Title: Principal (Type or Prim) Signature of CertifyingDate: Q� '. zoos Person: M✓ 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.