HomeMy WebLinkAboutC2016-190 - 5/17/2016 - Approved r
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CITY OF CORPUS CHRISTI
ENGINEERING DESIGN CONTRACT
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 Lockwood,Andrews&
Newnam, Inc., a Texas corporation, 500 N. Shoreline Blvd., Suite 905, Garland, Nueces
County, Texas 78401, (Consultant), hereby agree as follows:
1. SCOPE OF PROJECT
Avers Street Pedestrian Improvements and Turn Lane Addition (SPID to Gollihar)
(Proiect No. E15106) - This project will add pedestrian routes and ramps built to comply
with Americans with Disabilities Act Standards to Ayers Street from SPID to Gollihar. Turn
lanes will be included at the intersections of Ayers with Mansheim and Sunnybrook.
Additional work will include storm drainage enhancements, pavement markings and minor
utility work.
2. SCOPE OF SERVICES
The Consultant hereby agrees to perform services to complete the Project, as detailed in
Exhibit"A". In addition, Consultant will provide monthly status updates (project progress
or delays presented with monthly invoices)and provide contract administration services, as
described in Exhibit"A" and Exhibit"A-1", to complete the Project. Work will not begin
on Additional Services until requested by the Consultant (provide breakdown of costs,
schedules), and written authorization is provided by the Director of Engineering Services.
3. ORDER OF SERVICES
The Consultant 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
Consultant 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 Consultant 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. Consultant 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 Consultant a fee as described in Exhibit "A" for providing services
of I+hnri7cr1 a tntai fRA not to exceed $513,625.00. Monthly invoices will be submitted in
2016-191
5/17/16
Ord. 030851 Contract for Professional Services
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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.
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
Consultant agrees to comply with the insurance requirements in Exhibit C.
7. TERMINATION OF CONTRACT
The City may terminate this contract for convenience upon seven days written notice to the
Consultant at the address of record. The City may terminate this agreement for cause
upon ten days written notice to the Consultant. If Consultant begins, within three days of
receipt of such notice, to correct its failure and proceeds to diligently cure such failure
within the ten days, the agreement will not terminate.
In the event of termination, the Consultant will be compensated for its services on all
stages authorized based upon Consultant and City's estimate of the proportion of the total
services actually completed at the time of termination.
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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.
9. ASSIGNABILITY
The Consultant 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 Consultant staff. If the Consultant 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
Consultant fee may be assigned in advance of receipt by the Consultant 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, inspection reports and submittal data will be the sole property of the
City, may not be used again by the Consultant without the express written consent of the
Director of Engineering Services. However, the Consultant 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.STANDARD OF CARE
Services provided by Consultant 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.
12.DISCLOSURE OF INTEREST
Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and
complete the Disclosure of Interests form as part of this contract.
13.CERTIFICATE OF INTERESTED PARTIES
For contracts that exceed $50,000, Consultant agrees to comply with Texas Government
Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of
this agreement.
Form 1295 requires disclosure of"interested parties" with respect to entities that enter
contracts with cities. These interested parties include:
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(1) persons with a "controlling interest" in the entity, which includes:
a. an ownership interest or participating interest in a business entity by virtue
of units, percentage, shares, stock or otherwise that exceeds 10 percent;
b. membership on the board of directors or other governing body of a
business entity of which the board or other governing body is composed
of not more than 10 members; or
c. service as an officer of a business entity that has four or fewer officers, or
service as one of the four officers most highly compensated by a business
entity that has more than four officers.
(2) a person who actively participates in facilitating a contract or negotiating the terms
of a contract with a governmental entity or state agency, including a broker,
intermediary, adviser or attorney for the business entity.
Form 1295 must be electronically filed with the Texas Ethics Commission at
https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be
printed, signed, notarized and filed with the City. For more information, please review the
Texas Ethics Commission Rules at https://www.ethics.state.tx.us/leqal/ch46.html.
14.CONFLICT OF INTEREST
Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and
file Form CIQ with the City Secretary's Office, if required. 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.
15.ENTIRE AGREEMENT AND CONTROLLING LAW
This Agreement represents the entire and integrated Agreement between City and
Consultant 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 Consultant. 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.
16.CONFLICT RESOLUTION BETWEEN DOCUMENTS
Consultant hereby agrees and acknowledges if anything contained in the Consultant-
prepared Exhibit A, Consultant's Scope of Services, or contained in any other document
prepared by Consultant and included herein, is in conflict with this Agreement, this
Agreement shall take precedence and control to resolve said conflict.
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CITY OF CORPUS CHRISTI LOCKWOOD, ANDREWS &
NEW AM, INC.
°J."
- - S 23 l�
J. . Edmonds, P.E. ate Stev n A. Gilbreath, P.E. Date
Director of Engineering Services Associate
500 N. Shoreline Blvd., Suite 905
Corpus Christi, Texas 78401
RECOMMENDED (361) 882-2257 Office
OA/
Operating Departm Datt
APPROVED AS TO LEGAL FORM
(it 1rvtu Okr
Legal Department Date
Project No. E15106
APPROVED Accounting Unit: 3551-051
Account: 550950
CAJC gActivity: E15106013551 EXP �,J ��
IN Account Category: 50950 o o- y'
Office of Managem nt Date Fund Name: Street CIP BOND 2014
and Budget Encumbrance No.
ATTEST
V.J4-12 -€1--+IL/ 51Dq--Ac
Rebecca Huerta Date55
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City Secretary 0
rf CMCIL
SECRETARY
Contract for Professional Services
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,
EXHIBIT"A"
CITY OF CORPUS CHRISTI,TEXAS
AYERS STREET—PEDESTRIAN IMPROVEMENTS AND TURN LANE ADDITION
(SPID TO GOLLIHAR)
PROJECT NO. El 5106
BOND 2014 PROPOSITION 2
I. SCOPE OF SERVICES
As authorized and directed by the City, the NE has prepared a scoping document for this project under
a separate contract. That document, known as the "Design Criteria Memorandum" (DCM) served to
better define the scope-of-work anticipated for the project. The DCM included an Executive Summary;
a description of the Project and its Purpose; Planning & Design Criteria; a summary of Existing
Conditions; Recommendations for Design; and an Opinion of Probable Construction Costs.
The recommendations for design that were outlined in the DCM included widening of Ayers on the west
side of the street in order to meet the minimum requirements approved by the Bond 2014 voters and
the Capital Improvement Program.
In addition, the DCM included three optional alternatives for east side safety improvements. The
scope-of-work described below includes the west side widening and one of the east side safety
improvement options in the Basic Services section.
A. BASIC SERVICES
1. Preliminary Phase. The Architect/Engineer-NE (also referred to as Consultant)will:
a) Participate in Project Kick-off Meeting; and will prepare meeting agenda and
distribute meeting minutes to attendees within five working days of the meeting.
b) Develop preliminary requirements for utility relocations replacements or
upgrades. Coordinate with the City's Project Manager and identify operating
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departments' potential project needs. Identify electric and communication utility
companies and private pipeline companies that may have existing facilities and
which must be relocated to accommodate the proposed improvements.
c) Pavement design based upon cross sections developed in the DCM and the
results of geotechnical investigation(see additional services section).
d) Develop a drainage area boundary map for drainage areas impacting the project.
e) Conduct a hydrologic and hydraulic analysis to quantify storm water runoff
affecting the project and to determine storm sewer sizing necessary to meet
ONLY a 25-year design capacity for proposed underground storm drainage
systems. Include an analysis of street inlet capacity requirements.
f) Coordinate with AEP and City Traffic Engineering to identify location of electrical
power conduit for street lighting and traffic signalization.
g) Identify and analyze requirements of governmental authorities having jurisdiction
to approve design of the Project including permitting, environmental, historical,
and construction and assist the City's Project Manager with coordination efforts
with agencies such as the TDLR, RTA, CDBG, USPS, and affected school
districts and community groups.
h) Prepare an Engineering Letter Report that supplements and complements the
data already provided in the DCM including:
1. 30% plans(plan view layouts).
EXHIBIT"A"
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Revised November 26,2013
2. Summary results from hydrologic and hydraulic analysis.
3. Pavement design.
4. Utility rehabilitation/relocation plan.
5. 30%opinion of probable construction costs.
6. Anticipated index of drawings and specifications.
i) Submit one(1) copy in an approved electronic format, and one(1) paper copy of
the Draft Engineering Letter Report.
j) Attend project review meeting with City staff to review and receive City
comments on the Draft Engineering Letter Report.
k) Assimilate City review comments of the Draft Engineering Letter Report and
provide one (1) set of the Final Engineering Letter Report (ELR) (electronic
and hard copies using City Standards as applicable)suitable for reproduction.
City staff will provide one set only of the following information(as applicable):
a) City Control survey bench marks and coordinates.
b) Preliminary Traffic Impact Assessment.
The records provided for A/E's use under this contract are proprietary, copyrighted, and
authorized for use only by A/E, and mir for the intended purpose of this project Any
unauthorized use or distribution of the records provided under this contract is strictly
prohibited.
2. Design Phase. Upon approval of the preliminary phase, designated by receiving
authorization to proceed,the A/E will:
a) Provide coordination with electric and communication utility companies and
private pipeline companies that may have existing facilities and must relocated to
accommodate the proposed improvements.
b) Prepare construction documents in City standard format for the work identified in
the approved ELR. Standard and technical specifications will be provided by the
City — it is anticipated that there will be minimal editing required and that there
will be no special technical specifications needed for the project. Should such
editing or special or an excessive number of technical specifications be required,
such work will warrant an additional services request from the Engineer.
Construction plans will include improvements or modifications to the storm water
and potable water systems within the project limits. Standard City of Corpus
Christi detail sheets will be included as appropriate.
c) Prepare construction plans in compliance with CPPSCF using English units on
11"x 17".
1. Prepare Traffic Control and Construction Sequencing Plans - the
Engineer-provided TCP will be a limited effort in order to give the
Contractor a general outline of the intent. The TCP will be a required
contactor submittal to be provided for review prior to the commencement
of construction activities.
2. Provide Storm Water Pollution Prevention Plan, including construction
drawings.
d) Furnish one (1) set of the interim plans (60% submittal - electronic and hard
copies using City Standards as applicable) to the City staff for review and
EXHIBIT"A"
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Revised November 26.2013
approval purposes with an opinion of probable construction costs. Identify
distribution list for plans and bid documents to all affected franchise utilities.
1. Required with the interim plans is a "Plan Executive Summary. project
checklist & drawing checklist" which will identify and summarize the
project by distinguishing key elements and opinion of probable project
costs.
2. Attend 60% submittal meeting with City Staff to assist staff in review of
60% submittal.
e) Participate in project 60% review meeting. Prepare meeting agenda and
distribute meeting minutes to attendees within five working days of the meeting.
Assimilate all review comments, as appropriate and, upon Notice to Proceed,
f) Provide one (1) set of the pre-final plans and bid documents (90% submittal-
electronic and hard copy using City Standards as applicable) to the City staff for
review and approval purposes with a revised opinion of probable construction
costs. Plan executive summary, project checklist and plan checklist.
g) Participate in project 90% review meeting. Prepare meeting agenda and
distribute meeting minutes to attendees within five working days of the meeting.
Assimilate all review comments, and incorporate any requirements into the plans
and specifications, and advise City of responding and non-responding
participants as appropriate and, upon Notice to Proceed,
h) Provide one (1) set of the final (100%) plans (unsealed and unstamped -
electronic and full-size hard copy using City Standards as applicable) for City's
final review. A 100%review meeting will NOT be required.
i) Assimilate all final review comments upon approval by the Director of Capital
Programs, provide one (1) set of the final plans and contract documents
(electronic and full-size hard copy using City Standards as applicable) suitable
for reproduction. Said bid documents henceforth become the shared intellectual
property of the City of Corpus Christi and the Consultant. The City agrees that
any modifications of the submitted final plans (for other uses by the City) will be
evidenced on the plans and be signed and sealed by a professional engineer
prior to re-use of modified plans.
j) Provide Quality Assurance/Quality Control (QA/QC) measures to verify that all
submittals of the interim, pre-final, and final complete plans and complete bid
documents with specifications accurately reflect the percent completion
designated and do not necessitate an excessive amount of revision and
correction by City. Additional revisions or design submittals are required (and
within the scope of Consultant's duties under this contract) if. in the opinion of the
Director of Capital Programs or designee. Consultant has not adequately
addressed City-provided review comments or provided submittals in accordance
with City standards..
k) Prepare and submit Monthly Status Reports to the Project Manager no later than
the last Wednesday of each month with action items developed from monthly
progress and review meetings. See Exhibit"A-2"for required form.
I) Provide copy of contract documents to Texas Department of Licensing and
Regulation (TDLR) for review and approval of accessibility requirements for
pedestrian improvements.
The City staff will:
a) Designate an individual to have responsibility, authority, and control for
coordinating activities for the construction contract awarded.
EXHIBIT"A"
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Revised November 26,2013
b) Provide the budget for the Project specifying the funds available for the
construction contract.
c) Provide electronic copy the City's standard specifications, standard detail sheets,
standard and special provisions, and forms for required bid documents.
3. Bid Phase. The NE will:
a) Prepare draft Authorization to Advertise (ATA).
b) Participate in the pre-bid conference and provide a meeting agenda for critical
construction activities and elements impacting the project.
c) Assist the City in solicitation of bids by identification of prospective bidders, and
review of bids by solicited interests.
d) Review all pre-bid questions and submissions concerning the bid documents and
prepare, in the City's format, for approval, any addenda or other revisions
necessary to inform contractors of approved changes prior to bidding.
e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make
recommendation concerning award of the contract.
f) In the event the lowest responsible bidder's bid exceeds the project budget as
revised by the City in accordance with the NE's design phase opinion of
probable construction cost,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.
6eunsil-Meeting.(By City).
The City staff will:
a) Arrange and pay for printing of all documents and addenda to be distributed to
prospective bidders.
b) Advertise the Project for bidding, maintain the list of prospective bidders, receive
and process deposits for all bid documents, issue(with the assistance of the 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.
4. Construction Administration Phase. The NE will perform construction administration
to include the following:
a) Participate in pre-construction meeting conference and provide a recommended
agenda for critical construction activities and elements impacting the project.
b) Review, Contractor submittals and operating and maintenance manuals for
conformance to contract documents.
c) Review and interpret field and laboratory tests.
d) Provide interpretations and clarifications of the contract documents for the
contractor and authorize required changes, which do not affect the contractor's
price and are not contrary to the general interest of the City under the contract.
e) Make regular visits to the site of the Project to confer with the City project
inspector and contractor to observe the general progress and quality of work, and
to determine, in general, if the work is being done in accordance with the contract
EXHIBIT"A"
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Revised November 26,2013
documents. This will not be confused with the project representative observation
or continuous monitoring of the progress of construction.
f) Prepare change orders as authorized by the City; provide interpretations and
clarifications of the plans and specifications for the contractor and authorize
minor changes which do not affect the contractor's price and are not contrary to
the general interest of the City under the contract.
g) Review, evaluate, and recommend for City consideration Contractor Value
Engineering proposal.
h) Attend final inspection with City staff; provide punch list items to the City's
Construction Engineers for contractor completion of the project.
i) Review Contractor-provided construction "red-line" drawings. Prepare Project
record drawings and provide a reproducible set and electronic file (AutoCAD r.14
or later) within two (2) months of final acceptance of the project. All drawings
shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in
dxf format with each layer being provided in a separate file. Attribute data will be
provided in ASCII format in tabular form. All electronic data will be compatible
with the City GIS system.
The City staff will:
a) Prepare applications/estimates for payments to contractor.
b) Conduct the final acceptance inspection with the Engineer.
B. ADDITIONAL SERVICES
This section defines the scope of additional services that may only be included as part of this
contract if authorized by the Director of Capital Programs. NE may not begin work on any
services under this section without specific written authorization 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 shall, with
written authorization by the Director of Capital Programs, perform the following:
1. Permit Preparation. Furnish the City all engineering data and documentation
necessary for all required permits. The NE will prepare this documentation for all
required signatures. The NE will prepare and submit identified permits as applicable to
the appropriate local, state, and federal authorities including Texas Department of
Licensing and Regulation (TDLR) to verify compliance with the Americans with
Disabilities Act(ADA).
2. Right-of-Way (ROW) Acquisition Survey and Parcel Descriptions. Not applicable.
__ -
EXHIBIT"A"
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te-be-aequired.
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3. Topouraphic Survey. 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.
a) Establish Horizontal and Vertical Control.
b) Establish both primary and secondary horizontal/vertical control.
c) Set project control points for Horizontal and Vertical Control outside the limits of
project construction disturbance.
d) Horizontal control will be based on NAD 83 State plane coordinates (South
Zone), and the data will have no adjustment factor applied—i.e. —the coordinate
data will remain in grid.
e) Vertical control will be based on NAVD 88.
f) All control work will be established using conventional (non-GPS) methods.
Perform topographic surveys to gather existing condition information.
g) Locate proposed soil/pavement core holes as drilled by the City's Geotechnical
Engineering Consultant.
h) Obtain x, y, and:z coordinates of all accessible existing sanitary sewer, storm
sewer, water and gas lines as well as any other lines owned by third-parties and
locate all visible utilities, wells and signs within the apparent ROW width along
project limits. No utility connections will be shown. (Surveying services, related to
subsurface engineering - "SUE", shall be provided as part of the scope of work
for SUE).
i) Locate improvements within the apparent ROW.
j) Locate and identify trees, at least five inches in diameter within the apparent
ROW.
k) Generate electronic planimetric base map for use in project design.
I) Provide a preliminary base map containing apparent ROW,which will be used by
the A/E to develop the proposed alignment and its position relative to the existing
EXHIBIT"A"
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and proposed ROW. This preliminary base map must show lot or property line,
land ownership and addresses as per appraisal district records.
m) The base map stated in item "I" shall be a continuous plan and profile alignment
of the subject main street as well as the side streets.
4. Environmental Issues. Identify and develop a scope of work for any testing, handling
and disposal of hazardous materials and/or contaminated soils that may be discovered
during construction.-TBD
5. Public Involvement. Participate in two public meetings. One public meeting shall be
held after submittal of the Final Engineering Letter Report and one public meeting shall
be held prior to start of project construction. Prepare notices, PowerPoint presentations,
handouts and exhibits for meetings.
comments: By City. Revise contract drawings to address citizen comments, as directed
by the City. Prepare notices, handouts and exhibits for public information meetings.
6. Subsurface Utility Investigation-By City.
1 _ _ I _ .. - _ • _ _ __ _ _ _ _ _ _ -
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b)
construction.
7. Construction Observation Services. To Be Determined.
8. 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.
9. Geotechnical Enaineerina Services; By City.
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5. Design Vehicles
Provide the services above authorized in addition to those items shown on Exhibit "A-1" Task
List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List
does not supersede Exhibit"A".
II. SCHEDULE
Year Day Activity
2016 Mar 01 NTP
2016 Mar 05 City Traffic Data to NE
2016 May 04 Draft ELR submittal
2016 May 18 City Review Complete
2016 Jun 16 Final ELR submittal
2016 Jul 27 60% Design Submittal
2016 Aug 11 City Review Complete
2016 Sep 22 90% Design Submittal
2016 Oct 05 City Review complete
2016 Nov 17 100% Submittal
2016 Nov 30 City Review Complete
2016 Dec 21 Final Submittal
2017 Feb 09 Advertise for Bids
2017 Mar 06 Pre-Bid Conference
2017 Mar 20 Receive Bids
2017 May 03 Contract Award
2017 Jun 01 Begin Construction
2018 Jul 01 Complete Construction
Ill. FEES
A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic
Services" authorized as per the table below. The fees for Basic Services will not exceed those
identified and will be full and total compensation for all services outlined in Section LA.1-4
above, and for all expenses incurred in performing these services. The fee for this project is
subject to the availability of funds. The Engineer may be directed to suspend work
pending receipt and appropriation of funds. For services provided, NE will submit monthly
statements for services rendered. The statement will be based upon A/E's estimate (and with
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•
City's concurrence) of the proportion of the total services actually completed at the time of
billing. City will make prompt monthly payments in response to A/E's monthly statements.
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. Design Criteria Memo& Preliminary Phase $128,400
2. Design Phase $223,100
3. Bid Phase $12,100
4. Construction Administration Phase $46,800
Subtotal Basic Services Fees $410,400
Additional Services Fees (Allowance)
1. Permit Preparation* $12,000
2. ROW Acquisition Survey and Parcel Descriptions N/A
3.Topographic Survey* $71,875
4. Environmental Issues* $5,750
5. Public Involvement* $7,600
6a.&6b. Subsurface Utility Investigation* By City
6c. Televised inspection of Stormwater and Wastewater Lines By City
7. Construction Observation Services TBD
8.Warranty Phase* $6,000
9.Geotechnical Engineering Services* By City
Sub-Total Additional Services Fees Authorized* $103,225
Total Authorized Fee $513,625
* Additional Services which are requested to be authorized in coordination
with the notice to proceed for Basic Services.
EXHIBIT"A"
Page 10 of 10
Revised November 26,2013
•
•
EXHIBIT"A-1"
AYERS STREET—PEDESTRIAN IMPROVEMENTS AND TURN LANE ADDITION
(SPID TO GOLLIHAR)
PROJECT NO. E15106
BOND 2014 PROPOSITION 2
I. SCOPE OF SERVICES
The following task list provides added A/E services specific to Ayers Street(Project No
E15106)and appends those Standard City of Corpus Christi services outlined in Exhibit
A of this contract:
A. BASIC SERVICES
2d. Construction plans on 11"x17"sheets will be at full size, not half size.
2f. Unless later communicated as otherwise by the City, it is understood that
the pre-final(90%)submittal will be required for this project.
2k. It is understood that up to one monthly progress meeting will be held at
the request of the City's project manager each month. The term "review"
meetings refers to post-submittal review meetings conducted by the City
—these are separate from the monthly progress meetings.
3f. The City recognizes that construction bid prices are dependent upon
market conditions and the number of available bidders at the time of the
bid. Should unusual, unforeseen market conditions or a low number of
respondents to the bid be a factor in the lowest bid exceeding the design
phase opinion of probable construction cost, then the City will negotiate
with the NE, as an additional service and fee, the work effort required by
the NE to revise the bid documents for re-advertising.
4h.The NE does not"certify" completion, rather the NE will provide a statement
that work correctly completed by the Contractor, and which was observed by the
NE, is in general conformance with the plans and specifications.
B. ADDITIONAL SERVICES
2e. Not applicable.
4. Environmental Issues: NE will complete a Phase I Environmental Site
Assessment (ESA) in order to identify, to the extent feasible pursuant to
the processes prescribed in ASTM E1527-05, any recognized
environmental conditions in connection with the proposed project area
- . T - = - - - - - - - - - - - - - - -
BOND 2014 PROP 2 TRANSPORTATION PROJECTS CONTRACT FOR ENGINEERING SERVICES
EXHIBIT A-1
AYERS STREET.PROJECT NO.E15106
Page 1 of 2
November 2013
•
•
6. Subsurface Utility Investigation. By City.
6a-i. _: • _ - - - - _
6c. By City. = = • _ •- -_- - - •• - - • - ' -- - = '
III. FEES
The following appends that outlined in Exhibit A of this contract:
A. "Prompt monthly payments"is defined as within 30 days of the City's receiving an
invoice from the NE.
BOND 2014 PROP 2 TRANSPORTATION PROJECTS CONTRACT FOR ENGINEERING SERVICES
AYERS STREET,PROJECT NO.E15106 EXHIBIT Art
Paga 2 of 2
November 2013
Basic Services:
Preliminary Phase
Design Phase
Bid Phase
Report Phase
Construction Phase
Subtotal Basic Services
Additional Services:
Permitting
Warranty Phase
Inspection
Platting Survey
Reporting
O & M Manuals
SCADA
Subtotal Additional Services
Summary of Fees
Basic Services Fees
Additional Services Fees
Total of Fees
COMPLETE PROJECT NAME
Project No. xxxxxx
Invoice No. 12345
Invoice Date:
Total Amount Previous Total Percent
Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete
$15,117
$0
$0
$15,117
$0
$1,000
$1,000
7%
20,818
0
0
20,818
1,000
500
1,500
7%
0
0
0
0
0
0
O
n/a
14,166
0
0
14,166
0
0
0
n/a
0%
0
0
0
0
0
0
O
$50,101
$0
$0
$50,101
$750
$1,500
$2,500
5%
$0
$0
$0
$0
$0
$0
$0
n/a
0
0
0
0
0
0
O
n/a
9,011
0
0
9,011
0
0
0
0%
29,090
0
0
29,090
0
0
0
0%
1,294
0
0
1,294
0
0
0
0%
TBD
TBD
TBD
TBD
TBD
TBD
0
0%
TBD
TBD
TBD
TBD
TBD
TBD
TBD
0%
$39,395
$0
$0
$39,395
$0
$0
$0
0%
$50,101
$0
$0
$50,101
$750
$1,500
$2,500
5%
39,395
0
0
39,395
0
0
0
0%
$89,496
$0
$0
$89,496
$750
$1,500
$2,500
3%
•
A
EXHIBIT C
Insurance Requirements
Pre-Design, Design and General Consulting Contracts
1.1 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.
1.2 Consultant must furnish to the Director of Engineering Services with the signed
agreement a copy 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. 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
PROFESSIONAL LIABILITY $1,000,000 Per Claim
(Errors and Omissions)
(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 identify any limitations
regarding who is insured.
1.3 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.
1.4 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.
EXHIBIT"C"
Page 1 of 2
•
•
1.5 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
1.6 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:
1.6.1 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.
1.7 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.
1.8 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.
1.9 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.
1.10 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.
1.11 It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
EXHIBIT"C"
Page 2 of 2
1 .01114,41
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTEREST
City of
Chrrnisti City of Corpus Christi Ordinance 17112,as amended, requires all persons or firms seeking
to do business with the City to provide the following information. Every question must be
answered. If the question is not applicable, answer with "NA". See reverse side for Filing
Requirements, Certifications and definitions.
COMPANY NAME: Lockwood,Andrews& Newnam,Inc.
P. O.BOX:
STREET ADDRESS: 500 N. Shoreline Blvd.,Suite 905 CITY: Corpus Christi ZIP: 78401
FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner ❑
4. Association _ 5. Other
DISCLOSURE QUESTIONS
If additional space is necessar=y, please use the reverse side of this page or attach separate sheet.
1. State the names of each `employee" of the City of Corpus Christi having an "ownership
interest"constituting 3%or more of the ownership in the above named"firm.'
Name Job Title and City
Department(if known)
2. State the names of each "official"of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named"firm."
Name Title
3. State the names of each "board member" of the City of Corpus Christi having an "ownership
interest"constituting 3%or more of the ownership in the above named"firm."
Name Board, Commission or
Committee
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi
who worked on any matter related to the subject of this contract and has an `ownership
interest"constituting 3%or more of the ownership in the above named"firm."
Name Consultant
i t • 1 s 64 r
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: Steven A.Gilbreath,P.E. Title: Associate
(Type or Print)
Signature of Certifying , ` Date:
—377///6
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. 2016-25394
Lockwood,Andrews&Newnam, Inc.
Houston,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 03/11/2016
being filed.
City of Corpus Christi Date.Acknowledged:
5 121 Lo
3 Provide the identification number used by the governmental entity or state agency to track or identifyth ontract,and provide a
description of the goods or services to be provided under the contract.
E15106
Engineering services
4 Nature of interest(check applicable)
Name of Interested Party City,State,Country(place of business)
Controlling Intermediary
Vajdani,Sima Los Angeles,CA United States X
Cohen,Arnie Austin,TX United States X
Petersen, Dennis Houston,TX United States X
Daly,Grega Washington,DC United States X
Daly, Leo Washington, DC 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.
"L09PSSO£I01 ADION o'4c
OLOZ•Si•SO sandx3•wwo0 i� 04.,,
---4143
cruel to elm'ollQnd AJDIoNs��u -ir 1
SONV1131SV0 A3N1Mn00 1r;', d� Sig Lure of authorized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE
Sworn toand subscribed before me,by the said •• I 50 0010-5 ,this the day of/ Ch . ,
20 ice ,to certify which,witness my hand and seal office.
1100
, s
,. ;//` r u'fh '�/ Kai- l�.c�,
Sign. re oto er administering oath �' rintedname of officer ministering oath Title of officer ad inistering oath
Forms provided by exas Ethics Commission www.ethics.state.tx.us Version V1.0.312