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
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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
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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
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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
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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
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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
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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
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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
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Department ' Date SY CAUNGtL.,...r-, �.
AP' 'OV E D SECRETARY
Office of Management Ia - I
and Budget
ATTEST
City Secretary Date
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Project Number E15211
Accounting Unit 4200-33400-042
Account 530235
Activity E15211014200EXP
Account Category 30235 )1•2)6
Fund Name Wastewater Operating �j�
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P IR AND LEAN-O T INSTALLA NAND MA LE RING&COVER
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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"
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Revised April 2010
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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"
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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"
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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"
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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"
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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"
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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
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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
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EXHIBIT C
DISCLOSURE OF INTEREST
Contract for Professional Services
Exhibit C
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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
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FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will confer an
economic benefit on any City official or employee that is distinguishable from the effect that the
action will have on members of the public in general or a substantial segment thereof,you shall
disclose that fact in a signed writing to the City official,employee or body that has been
requested to act in the matter, unless the interest of the City official or employee in the matter is
apparent. The disclosure shall also be made in a signed writing filed with the City Secretary.
[Ethics Ordinance Section 2-349(d)]
CERTIFICATION
I certify that all information provided is true and correct as of the date of this statement, that I
have not knowingly withheld disclosure of any information requested; and that supplemental
statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur.
Certifying Person: 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.
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?� 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