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HomeMy WebLinkAboutC2016-014 - 1/19/2016 - Approved • CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES Renewal No. 1 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 Engineering Services) and Engineering & Construction Management Services, LLC (ECMS), a Texas corporation, 5001 Oakmont Drive, Corpus Christi, Nueces County, Texas 78413, (Architect/Engineer—NE), hereby agree as follows: 1. SCOPE OF PROJECT Wastewater Service Line Repair and Clean-Out Installation and Manhole Ring and Cover Adjustment Program FY 2015-2016(Project No. E15211)—This project is for the locating and the excavation of existing service lines; replacing approximately 3,350 linear feet of wastewater service lines from the clean-out to the bend and from the bend to the City main; 165 Sanitary Sewer and 66 Storm Water Manholes Ring and Cover Adjustments throughout the City under multiple work authorizations. The work period will be 365 calendar days. The initial contract, approved by City Council on September 30, 2014,was for the base year with an option for two 1-year renewals. This is the first year renewal of the contract. The second year renewal will be administratively approved. Engineering &Construction Management Services, LLC (ECMS)will provide construction observation services including field inspection of the work in progress, coordination with the Contractor, City and testing laboratory, planning/coordination of the next work orders and documentations of all work completed and approved. ECMS is recommended to provide these services based upon their expertise and past construction management of similar work. ECMS has provided similar services since the original contract in FY 2011. 2. SCOPE OF SERVICES The NE hereby agrees 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 Engineering Services. 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. 2016-014 1/19/16 M2016-010 Contract for Professional Services Page 1 of 7 Engineering& Construction R\WASTEWATER\E15211 WIN SRVC LINE REPAIR AND CLEAN-OUT INSTALLATION AND MANHOLE RING&COVER `INDEXED DED W MODIFIED INSURANCE AND INDEMNITY.DOC 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 Engineering Services. 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 Engineering Services. 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 Engineering Services. The Director of Engineering Services 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 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. FEE The City will pay the NE a fee as described in Exhibit "A" for providing services authorized, a total fee not to exceed $84,480.00. Monthly invoices will be submitted in accordance with Exhibit "B". 5. INDEMNITY Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs,to the extent that the damage is caused by or results 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 or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Contract for Professional Services Page 2 of 7 K:\ENGINEERING DATAEXCHANGEWENNIFER\WASTEWATER\E15211 WW SRVC LINE REPAIR AND CLEAN-OUT INSTALLATION AND MANHOLE RING&COVER 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. 6. INSURANCE 6.1 Consultant must not commence work under this agreement until all required insurance 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. 6.2 Consultant must furnish to the Director of Engineering Services with the signed agreement 2 copies of Certificates of Insurance(COI)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 COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements 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 shall be outside policy limits) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and Contract for Professional Services Page 3 of 7 K:\ENGINEERING DATAEXCHANGEWENNIFER\WASTEWATER\E15211 WW SRVC LINE REPAIR AND CLEAN-OUT INSTALLATION AND MANHOLE RING&COVER identify any limitations regarding who is insured. WORKERS' COMPENSATION Statutory (All States Endorsement if Company is not domiciled in Texas) Employer's Liability $500,000 /$500,000 /$500,000 6.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 6.4 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. 6.5 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. Consultant is required to provide City with renewal Certificates. 6.6 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 the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 6.7 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: 6.7.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy and professional liability/Errors & Omissions policy; Contract for Professional Services Page 4 of 7 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E15211 WW SRVC LINE REPAIR AND CLEAN-OUT INSTALLATION AND MANHOLE RING 8 COVER 6.7.2 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; 6.7.3 Workers'compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 6.7.4 Provide thirty(30)calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 6.8 Within five (5) calendar days of a suspension, cancellation or non-renewal 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. 6.9 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 remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 6.10 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 agreement. 6.11 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 agreement. 6.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 7. 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. 8. 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. Contract for Professional Services Page 5 of 7 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E15211 WW SRVC LINE REPAIR AND CLEAN-OUT INSTALLATION AND MANHOLE RING&COVER 9. ASSIGNABILITY The A/E 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 A/E 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 A/E fee may be assigned in advance of receipt by the A/E 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. 10.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 A/E without the express written consent of the Director of Engineering Services. However, the A/E 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. 11. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. 12.STANDARD OF CARE Services provided by A/E under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.CONFLICT OF INTEREST A/E agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index. 14.ENTIRE AGREEMENT AND CONTROLLING LAW This Agreement represents the entire and integrated Agreement between City and A/E and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Contract for Professional Services Page 6 of 7 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E15211 WW SRVC LINE REPAIR AND CLEAN-OUT INSTALLATION AND MANHOLE RING&COVER A/E. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 15. CONFLICT RESOLUTION BETWEEN DOCUMENTS A/E hereby agrees and acknowledges if anything contained in the NE-prepared Exhibit A, A/E's Scope of Services, or contained in any other document prepared by A/E and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. CITY OF CO-P. C ' 'TI ENGINEERING & CONSTRUCTION MANAGEMENT//JJSERVICES, LLC I ,..� L/A_ 2 �(P 44 N- ®cam oty. ,z/‘ zI 2,0a— J.H. Edmonds, P.E. D.te Felix H. Ocanas, Jr., P.E. Date Director of Engineering Services 5001 Oakmont Drive Corpus Christi, Texas 78413 (361) 549-4576 Mobile RECOMMENDED (361) 986-1202 Office erating Department Date AP' 'OVEDASTOLE AL FORM I PlUisli► LA a' Department ' Date SY CAUNGtL.,...r-, �. AP' 'OV E D SECRETARY Office of Management Ia - I and Budget ATTEST City Secretary Date / /t6 Project Number E15211 Accounting Unit 4200-33400-042 Account 530235 Activity E15211014200EXP Account Category 30235 )1•2)6 Fund Name Wastewater Operating �j� (� 1�,J ��'A P}i ^at(� (� f J aua, I 3��7`f )AN-0 T'I contractw jE 1:21 nal g ervices j _ -1 y\7 N Y , Pa e 7 of 7 ^\E MT,EERING DATA T HANGEWENN^T ^WASTEWATER\E15211 W,in SRVO,A E R^MM P IR AND LEAN-O T INSTALLA NAND MA LE RING&COVER DI • EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS WASTEWATER SERVICE LINE REPAIR AND CLEAN-OUT INSTALLATION AND MANHOLE RING AND COVER ADJSUTMENT PROGRAM FY 2015 -2016 Project Number E15211 I. SCOPE OF SERVICES A. Basic Services. 1. Preliminary Phase. The Architect/Engineer A/E will: fist. b. Assist City staff during the bidding process as may be necessary.. 2. 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. 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 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 (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. As applicable, review and assure compliance with plans and specifications, the preparation of operating and maintenance manuals (by the Contractor) for all equipment installed on this Project. These manuals will be in a"multimedia format" suitable for viewing with Microsoft's Internet Explorer,version 3.0. As a minimum the Introduction, Table of Contents, and Index will be in HTML (HyperText Markup Language) format, with HyperText links to the other parts of the manual. The remainder of the manual can be scanned images or a mixture of scanned images and text. Use the common formats for scanned images - GIF, TIFF, JPEG, etc.. Confirm before delivery of the manuals that all scanned image formats are compatible with the image-viewing software available on the City's computer - EXHIBIT"A" Page 1 of 5 Revised April 2010 K:\Engineering DataExchange\JENNIFER\WASTEWATER\E15211 WW SRVC LINE REPAIR AND CLEAN-OUT INSTALLATION AND MANHOLE RING&COVER ADJUSTMENT 2016\CONTRACT\Exhibit A.doc Imaging for Win95 (Wang)and Microsoft Imaging Composer. Deliver the manuals on a CD-ROM, not on floppy disks. i. 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 Capital Programs a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings within two (2) months of final acceptance of the project. 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. B. Additional Services (ALLOWANCE) This section defines the scope(and ALLOWANCE)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 Capital Programs. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Capital Programs as required. The NE will,with written authorization by the Director of Capital Programs, do the following 1. Construction Observation Services. Provide a project representative(PR)to provide periodic construction inspection. A. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants,the NE shall endeavor to provide further protection for the CITY against defects and deficiencies in the work. B. The duties and responsibilities of the PR are described as follows: 1. General: PR will act as directed by and under the supervision of NE,and will confer with NE regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with NE and Contractor, keeping the CITY advised as necessary. 2. Conference and Meetings: Attend meetings with Contractor, such as pre- construction conferences, progress meetings, job conferences and other project- related meetings as required by the City, and prepare and circulate copies of minutes thereof. 3. Liaison: A. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. B. PR shall communicate with CITY with the knowledge of and under the direction of NE 4. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. 5. Shop Drawings and Samples: EXHIBIT"A" Page 2 of 5 Revised April 2010 K:\Engineering DataExchange\JENNIFER\WASTEWATER\E15211 WW SRVC LINE REPAIR AND CLEAN-OUT INSTALLATION AND MANHOLE RING 8 COVER ADJUSTMENT 2016\CONTRACT\Exhibit A.doc • • A. Receive Samples, which are furnished at the Site by Contractor, and notify of availability of Samples for examination. B. Record date of receipt of Samples and approved Shop Drawings. C. Advise Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which PR believes that the submittal has not been approved. 6. Review of Work and Rejection of Defective Work: A. Conduct on-Site observations of Contractor's work in progress to assist A/E in determining if the Work is in general proceeding in accordance with the Contract Documents. B. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise City and A/E of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. C. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. 7. Records: A. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, A/E's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor,and other Project related documents. B. Prepare a daily report utilizing approved City format, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders,Work Change Directives,or changed conditions,Site visitors,daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to A/E and the City. 8. Reports: A. Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. B. Report immediately to the CITY and A/E the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the work, and property damaged by fire or other causes. C. Provide project photo report on CD-ROM at the rate of a minimum of two photographs per day, including an adequate amount of photograph documentation of utility conflicts. EXHIBIT"A" Page 3 of 5 Revised April 2010 K:\Engineering DataExchange\JENNIFER\WASTEWATER\E15211 WW SRVC LINE REPAIR AND CLEAN-OUT INSTALLATION AND MANHOLE RING&COVER ADJUSTMENT 2016\CONTRACT\Exhibit A.doc • 9. Completion: A. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. B. Participate in a final inspection in the company of NE, the CITY, and Contractor and prepare a final list of items to be completed or corrected. C. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work. 2. 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. 3 Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one- year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair,fix, restore, patch,or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty(60)days prior to the end of the maintenance guaranty period. 4 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". 2. SCHEDULE Day Date Activity Wednesday January 20, 2016 Contract Award Thursday January 21, 2016 Begin Construction Friday January 20, 2017 Complete Construction 3. 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 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. EXHIBIT"A" Page 4 of 5 Revised April 2010 K\Engineering DataExchange\JENNIFER\WASTEWATER\E15211 WW SRVC LINE REPAIR AND CLEAN-OUT INSTALLATION AND MANHOLE RING&COVER ADJUSTMENT 2016\CONTRACT\Exhibit A.doc . • B. Fee for Additional Services. For services authorized by the Director of Capital Programs 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 Basic Services Fees 1. Preliminary Phase 2. Design Phase 3. Bid Phase 4. Construction Phase (See Construction Observation) Subtotal Basic Services Fees Additional Services Fees (Allowance) 1. Permit Preparation ■- /1. Environmental Lauer, 5. Construction Observation Services(12x22x4x$80) $84,480 6. Start up Services 7. Warranty Phase Included in 6 Above Sub-Total Additional Services Fees Authorized $84,480 Total Authorized Fee $84,480 EXHIBIT"A" Page 5 of 5 Revised April 2010 K:\Engineering DataExchange\JENNIFER\WASTEWATER\E15211 WW SRVC LINE REPAIR AND CLEAN-OUT INSTALLATION AND MANHOLE RING&COVER ADJUSTMENT 2016\CONTRACT\Exhibit A.doc EXHIBIT "A-1" TASK LIST (Provides supplemental description to Exhibit"A". Exhibit"A-1"Task List does not supersede Exhibit"A.") CITY OF CORPUS CHRISTI, TEXAS WASTEWATER SERVICE LINE REPAIR AND CLEAN-OUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY2015-2016 (Project No. E15211) Basic Services (See Exhibit "A") Additional Services: CONSTRUCTION OBSERVATION SERVICES 1) Provide construction observation services as authorized by the City in accordance with Exhibit 'A' of the Contract for Professional Services. 2) Conduct daily site visits to the project site during construction. 3) Prepare monthly reports and submit to City staff as required.. 4) Provide detailed coordination with City staff during construction. 5) Coordinate construction activities with materials testing laboratory. PUBLIC INVOLVEMENT PHASE 1) Assist the City in preparing notices, handouts and exhibits for public information meetings. 2) Assist the City in conducting the public information meetings. 3) Assist the City with follow-up and response to citizen comments. 4) Revise contract drawings to address citizen comments, as directed by the City. WARRANTY PHASE Upon receiving authorization from the City to proceed, conduct 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, correct or replace improvements under the maintenance guaranty terms of the construction contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action. EXHIBIT"A-1" Page 1 of 1 Revised April 2010 K:\Engineering DataExchange\JENNIFER\WASTEWATER\E15211 WW SRVC LINE REPAIR AND CLEAN-OUT INSTALLATION AND MANHOLE RING 8 COVER ADJUSTMENT 2016\CONTRACT\Exhibit A-1.doc • • EXHIBIT B SAMPLE PAYMENT REQUEST FORM Sample form for COMPLETE PROJECT NAME Payment Request Revised 07/27l00 Project No.XXXX Invoice No.12345 Invoice Date: Total Amount Previous Total Percent Basic Services: Contract Amd No.1 Amd No.2 Contract Invoiced Invoice Invoice Complete Preliminary Phase $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% Design Phase 2,000 1,000 0 3,000 1,000 500 1,500 50% Bid Phase 500 0 250 750 0 0 0 0% Construction Phase 2,500 0 1,000 3,500 0 0 0 0% Subtotal Basic Services $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% Additional Services: Permitting $2,000 $0 $0 $2,000 $500 $0 $500 25% Warranty Phase 0 1,120 0 1,120 0 0 0 0% Inspection 0 0 1,627 1,627 0 0 0 0% Platting Survey TBD TBD TBD TBD TBD TBD TBD 0% 0&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 23% Contract for Professional Services Exhibit B • EXHIBIT C DISCLOSURE OF INTEREST Contract for Professional Services Exhibit C • • SUPPLIER NUMBER TO BE ASSIGNED BY CII Y a PURCHASING DIVISION corpus DISCLOSURE CITY OF CORPUS CHRISTI City DISCLOSURE OF INTEREST us Christi 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: Engineering& Construction Management Services,LLC P.O.BOX: N/A STREET ADDRESS: 5001 Oakmont CITY: Corpus Christi ZIP: 78413 FIRM IS: I. 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 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) II 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 /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 �r Committee 4. State the names of each employee or officer of a "consultant" for the City of Corus 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 • • 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: Felix H.Ocanas Jr.,P.E. Title: President ('type or Print) Signature of Certifying } Q Date: /J 23/t 1-- 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. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-3678 ECMS,LLC Corpus Christi,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 01/18/2016 being filed. City of Corpus Christi Dae Ac owledged: I 7-(e I 20 11, 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the goods or services to be provided under the contract E15211 Professional Engineering Services 4 Nature of interest(check applicable) Name of Interested Party City,State,Country(place of business) Controlling Intermediary Ocanas, Felix Corpus Christi,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. '•x'-64;•., TERI TRAYLER . MY COMMISSION EXPIRES r ,J gi.„4 MARCH 18,2018 Sign re of authorized agent of co traetl'ng business entity MIMl1" AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said it-GL 41 CC a 11.1142.) ir' ,this the 1 WL day of "4"11- , 20 /(D ,to certify which,witness my hand and seal of office. • ?� r44// 1 /E7Ll 11, Signature of officer adrytinistering oath Printed name of officer ddministering oath Title of officer Administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34032