HomeMy WebLinkAboutC2016-222 - 5/31/2016 - Approved •
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CITY OF CORPUS CHRISTI
CONTRACT FOR ENGINEERING DESIGN SERVICES
The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277,
Corpus Christi, Nueces County, Texas 78469-9277 (City)acting through its duly authorized
City Manager or Designee (Director of Engineering Services) and Govind Development,
LLC., a limited liability corporation, 9510 Leopard Street, Corpus Christi, Nueces County,
Texas 78410, (Consultant), hereby agree as follows:
1. SCOPE OF PROJECT
E15111 North Padre Island Beach Access Roads 3A and 2 — This project includes
reconstruction of Beach Access Roads on North Padre Island, including Beach Access
Roads 3A, and consideration will be given to other beach access roads for which the City
has the responsibility of maintaining as funding allows.
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", 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
authorized, a total fee not to exceed $73,935.00. Monthly invoices will be submitted in
accordance with Exhibit "B".
2016-222
5/31/16
M2016-056 Contract for Professional Services
Govind Development LLCPage 1 of 5
\STREET\E15111 NORTH PADRE ISLAND BEACH ACCESS ROADS 3A AND 2\AGENDA ITEM\16-0311 AE INDEXED
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.
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.
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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:
(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;
Contract for Professional Services
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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/legal/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/govern ment/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 O ' ' CHRI GOVIND DEVELOPMENT, LLC.
. _7V ". z, 60 q, V/i/t,
J. . Edmonds, P.E. Date A'1 er Kular, P.E. Date
Director of Engineering Services Vice President
9510 Leopard Street
Corpus Christi, Texas 78410
(361) 241-2777 Office
akular@govinddevelopment.com
RECOMMENDED
Operating Department Date
APPROVED AS TO LEGAL FORM
(kimuu
(l — Au) Itch Li
Legal Department Date
APT OVED Project No. E15111
Accounting Unit: 3551-051
,.. 0` 5 /I Account: 550950
Activity: E15111013551 EXP
Office of ManagemOt Date Account Category: 50950
and Budget Fund Name: Street CIP BOND 2014
Encumbrance No.
1754.4z.c6A+1(,.4...de.,
kE01
Rebecca Huerta Date N
City Secretary &/2/((6 DIY COUNCIL ic*;
i
SECRETARY,/'
i
Contract for Professional Services
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„ ,
LLCOVIND
JDEVELCPMENT. C
ENGINEERING DIVISION
Jeff Edmonds,P.E. April 14,2016
Director of Engineering Services
City of Corpus Christi
PO BOX 9277
Corpus Christi,Texas 78469-9277
Re: Contract for Professional Services
North Padre Island Beach Access Roads 3A&2(Bond 2014- Prop 2)
Project No.E 1511 l
Dear Mr.Edmonds:
Please find enclosed the Proposed Contract(Exhibit A-1)for Professional Services for the subject project.
The basic services fees include a detailed design phase, bidding phase and construction phase. The
additional services fees include hydraulic and hydrologic modeling and analysis, traffic control planning
and design, and engineering data and documentation needed for Texas General Land Office Permits and
Nueces County Permits.
If you have any questions please feel free to contact me at(361)241-2777.
Sincerely,
.�(a , i E
Ajmer Kular,P.E.
Vice President—Civil/Structural Department
Govind Development, LLC—TBPE Firm No. 10101
9510 Leopard Street
Corpus Christi,Texas 78410
EXHIBIT"A”
Page 1 of 11
EXHIBIT "A"
CITY OF CORPUS CHRISTI, TEXAS
NORTH PADRE ISLAND BEACH ACCESS ROADS (3A&2)
PROJECT NO. El 5111
BOND ISSUE 2014, PROP 2
SCOPE OF SERVICES
A. BASIC SERVICES
For the purpose of this contract, Preliminary Phase may include Schematic Design and Design
Phase services may include Design Development as applicable to Architectural services.
1. Preliminary Phase. The Architect/Engineer-A/E (also referred to as Consultant) will:
. ` 0 • • •_ • -1s . •-- -- ' -- - •
map.
h) Prepare preliminary opinions of probable construction costs for the
- - -- - -- - - - -- --- --- - --- - - - -- - -- - --- -- - - ---- - -
seryed.-
- ..-_ 1. - • • -- -•
- - -- __•:: e._ - - - - - •, _ - •, - .. •
ete
•
requirements,
EXHIBIT"A"
Page 2 of 11
•
required per City Plan Preparation Standards Contract Format
engineering design basis, preliminary layout sketches, construction
quantity of materials of construction, and other factors required for a
3. Include existing site photos.
■. - . . -
6. Provide an analysis on project impacts towards "re engineering" and
affect
8. Provide a summary table& required ROW parcels
the Draf+ Engineering I eller Repe t
Manager:—
City staff will provide one set only of the following information (as applicable):
a) Electronic index and database of City's record drawing and record information.
b) Requested record drawings, record information in electronic format as available
from City Engineering files.
b) The preliminary budget, specifying the funds available for construction.
c) A copy of existing studies and plans. (as available from City Engineering files).
d) Field location of existing city utilities. (A/E to coordinate with City Operating
Department)
e) Applicable Master Plans and GIS mapping are available on the City's website.
f) City Control survey Bench marks and coordinates.
g) Preliminary Traffic impact assessment.
EXHIBIT"A"
Page 3 of 11
•
The records provided for A/E's use under this contract are proprietary, copyrighted, and
authorized for use only by A/E, and on/v for the intended purpose of this project. Any
unauthorized use or distribution of the records provided under this contract is strictly
prohibited.
2. Design Phase. Upon approval of the preliminary phase, designated by receiving
authorization to proceed, the NE will:
a) 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) Provide assistance to identify testing, handling and disposal of any hazardous
materials and/or contaminated soils that may be discovered during construction
(to be included under additional services).
c) Prepare construction documents in City standard format for the work identified in
the approved ELR. Construction plans to include improvements or modifications
to the storm water, water and wastewater systems within the project limits.
Include standard City of Corpus Christi detail sheets as appropriate. It is
assumed that only one design bid package will be used for both Beach
Access Roads. If at any time the City requests separate bid packages the
A/E will re-negotiate fees for this phase to accommodate the City's request.
d) Prepare construction plans in compliance with CPPSCF using English units on
11"x 17".
1. Prepare Traffic Control and Construction Sequencing Plans. The TCP
will include construction sequencing, typical cross section and
construction phasing plan sheets, warning and barricades, as well as
standards sheets for barricades, traffic control plan, work zone pavement
markings and signage.
2. Provide Storm Water Pollution Prevention Plan, including construction
drawings.
e) Furnish one (1) set of the interim plans (60% submittal - electronic and hard
copies using City Standards as applicable) to the City staff for review and
approval purposes with estimates of probable construction costs. Identify
distribution list for plans and bid documents to all affected franchise utilities.
1. Required with the interim plans is a "Plan Executive Summary, project
checklist & drawing checklist" which will identify and summarize the
project by distinguishing key elements and opinion of probable project
costs.
2. Attend 60% submittal meeting with City Staff to assist staff in review of
60% submittal.
f) Hold 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.
h) Hold Project 90% reviow moeting. Prepare mooting agenda and dictributc
EXHIBIT"A"
Page 4 of 11
•
•
i) 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.
j) Assimilate all final review comments Upon approval by the Director of
Engineering Services, 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.
k) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all
submittals of the interim, pre-final (if required), and final complete plans and
complete bid documents with specifications accurately reflect the percent
completion designated and do not necessitate an excessive amount of revision
and correction by City. Additional revisions or design submittals are required
(and within the scope of Consultant's duties under this contract) if, in the opinion
of the City Engineer or designee, Consultant has not adequately addressed City-
provided review comments or provided submittals in accordance with City
standards..
I) Prepare and submit Monthly Status Reports to the Project Manager no later than
the last Wednesday of each month with action items developed from monthly
progress and review meetings. See Exhibit"A-2"for required form.
m) Provide copy of contract documents along with appropriate fee to Texas
Department of Licensing and Regulation (TDLR) for review and approval of
accessibility requirements for pedestrian improvements (as authorized by
Additional Services).
The City staff will:
a) Designate an individual to have responsibility, authority, and control for
coordinating activities for the construction contract awarded.
b) Provide the budget for the Project specifying the funds available for the
construction contract.
c) Provide electronic copy of the City's standard specifications, standard detail
sheets, standard and special provisions, and forms for required bid documents.
3. Bid Phase. The A/E will:
a) Prepare draft Authorization to Advertise (ATA).
b) Participate in the pre-bid conference and provide a meeting agenda for critical
construction activities and elements impacted the project.
c) Assist the City in solicitation of bids by identification of prospective bidders, and
review of bids by solicited interests.
d) Review all pre-bid questions and submissions concerning the bid documents and
prepare, in the City's format, for the Engineering Services' approval, any
addenda or other revisions necessary to inform contractors of approved changes
prior to bidding.
e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make
recommendation concerning award of the contract.
f) In the event the lowest responsible bidder's bid exceeds the project budget as
revised by the Engineering Services in accordance with the A/E's design phase
estimate required above, the Engineer will, at its expense, confer with City staff
EXHIBIT"A"
Page 5 of 11
•
and make such revisions to the bid documents as the City staff deems necessary
to re-advertise that particular portion of the Project for bids.
g) Prepare Agenda Memoranda and PowerPoint presentation in City format for City
Council Meeting.
The City staff will:
a) Arrange and pay for printing of all documents and addenda to be distributed to
prospective bidders.
b) Advertise the Project for bidding, maintain the list of prospective bidders, receive
and process deposits for all bid documents, issue (with the assistance of the NE)
any addenda, prepare and supply bid tabulation forms, and conduct bid opening.
c) Receive the Engineer's recommendation concerning bid evaluation and
recommendation and prepare agenda materials for the City Council concerning
bid awards.
d) Prepare, review and provide copies of the contract for execution between the
City and the contractor.
4. Construction Administration Phase. The NE will perform contract administration to
include the following:
a) Participate in pre-construction meeting conference and provide a recommended
agenda for critical construction activities and elements impacted the project.
b) Review, Contractor submittals and operating and maintenance manuals for
conformance to contract documents.
c) Review and interpret field and laboratory tests.
d) Provide interpretations and clarifications of the contract documents for the
contractor and authorize required changes, which do not affect the contractor's
price and are not contrary to the general interest of the City under the contract.
e) Make regular visits to the site of the Project to confer with the City project
inspector and contractor to observe the general progress and quality of work, and
to determine, in general, if the work is being done in accordance with the contract
documents. This will not be confused with the project representative observation
or continuous monitoring of the progress of construction.
f) Prepare change orders as authorized by the City; provide interpretations and
clarifications of the plans and specifications for the contractor and authorize
minor changes which do not affect the contractor's price and are not contrary to
the general interest of the City under the contract.
g) Review, evaluate and recommend for City consideration Contractor Value
Engineering proposal.
h) Attend final inspection with City staff, provide punch list items to the City's
Construction Engineers for contractor completion, and provide the City with a
Certificate of Completion for the project upon successful completion of the
project.
i) Review Contractor-provided construction "red-line" drawings. Prepare Project
record drawings and provide a reproducible set and electronic file (AutoCAD r.14
or later) within two (2) months of final acceptance of the project. All drawings
shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in
dxf format with each layer being provided in a separate file. Attribute data will be
provided in ASCII format in tabular form. All electronic data will be compatible
with the City GIS system.
The City staff will:
EXHIBIT"A"
Page 6 of 11
•
•
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 Engineering Services. A/E may not begin work on any
services under this section without specific written authorization by the Director of Engineering
Services. Fees for Additional Services are an allowance for potential services to be provided
and will be negotiated by the Director of Engineering Services as required. The A/E shall, with
written authorization by the Director of Engineering Services, perform the following::
1. Permit Preparation. Furnish the City all engineering data and documentation
necessary for all required permits. The A/E 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:
in the area
c. Wetlands Delineation and Permit
d. Temporary Discharge Permit
c. NPDES Pcrmit/Amcndments (including SSC, NOI NOT)
•
g. Nueces County
#�. Texas Historical Commission (THC)
i. U.S. Fish and Wildlife Service (USFWS)
j. U.S. Army Corps of Engineers (USACE)
•
1. Texas Department of Licensing and Regulation (TDLR )
m. Texas General Land Office (TGLO)
- . - • -- - - • ' -- --
•
b) Research plats, ROW maps, deed, easements, and survey for fence corners,
te-be acquired.
d) _ - - - _ - •-- - ---- - -
EXHIBIT"A"
Page 7 of 11
•
•
•
•
•
3. - - • - - - . . - - - - -- - ..
- • - • - - • - • -- -- - - • . . . ,- - = - - - - - - - -
• - - - . . - -- - - - - - --
SUE.
- -- - -- - - ----- - --- -- - --- --
ROW.•
• - - = • - -- - • - - - •- - - - -" - - - • -
4. _ _ -- - - - - ' - - - - - - - - - - -
5.
EXHIBIT"A"
Page 8 of 11
6.
._ .- .-
„ .. _ ._
- - _ ` - • - - _ •• . - - _ _ - . -- - - - -
utility facilities, such as manholes, valve boxes, posts, etc., and
locutions,
- -- -- - * - • - - - -- - - - _ - -_
•
- ' - ' - - --- - • -- -- - - .- _ - - -- - • -
Level C.
- -- --- - - - • - _ _ -. •• _ ' . .. -. . -
- - - - - - - -
b) construction,
7. Construction Observation Services. To Be Determined.
8. - - - - - • - - -- - - - - --- - - - - -- - _ --
9.
EXHIBIT"A"
Page 9 of 11
10. Hydraulic and Hydrologic Modeling and Analysis. A/E will provide a hydraulic and
hydrologic analysis for the drainage basin of Beach Access Road 3A. NE will use the
analysis to evaluate and model the existing storm water system and provide
recommendations for improvements. A/E will provide an electronic copy of the model to
CSC
11. Traffic Control Planning and Design. A/E will provide an engineered traffic control
plan for this project. The traffic control plan design will include multiple phases, signage,
traffic calming devices, pavement markings and will adhere to TMUTCD standards. NE
will coordinate the traffic control plan design with affected adjacent property owners and
emergency services.
Provide the services above authorized in addition to those items shown on Exhibit "A-1" Task
List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List
does not supersede Exhibit"A".
II. SCHEDULE
Date Activity
May 23, 2016 60% Submittal
June 3, 2016 City Review
June 27, 2016 100% Submittal
July 11, 2016 City Review
August 1, 2016 Final Submittal
August 10, 2016 Advertise for Bids
August 23, 2016 Pre-Bid Conference
September 6, 2016 Receive Bids
September 27, 2016 Contract Award
October 3, 2016 Begin Construction
March 6, 2016 Complete Construction
Ill. 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, A/E will submit monthly
statements for services rendered. The statement will be based upon A/E's estimate (and with
City's concurrence) of the proportion of the total services actually completed at the time of
billing. City will make prompt monthly payments in response to A/E's monthly statements.
EXHIBIT"A"
Page 10 of 11
B. Fee for Additional Services. For services authorized by the Director of Engineering Services
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 $0
2. Design Phase $66,135
3. Bid Phase $2,750
4. Construction Administration Phase $1,250
Subtotal Basic Services Fees $70,135
Additional Services Fees (Allowance)
1. Permit Preparation $1,800
2. ROW Acquisition Survey $0
3. Topographic Survey and Parcel Descriptions* $0
4. Environmental Issues* To Be Determined
5. Public Involvement* $0
6. Subsurface Utility Investigation $0
7. Construction Observation Services To Be Determined
8. Warranty Phase To Be Determined
9. Franchise Utility Coordination $0
10. Hydraulic and Hydrologic Modeling and Analysis $1,000
11. Traffic Control Planning and Design $1,000
Sub-Total Additional Services Fees Authorized $3,800
Total Authorized Fee $73,935
*Additional Services which are requested to be authorized in coordination with the notice to proceed for
Basic Services.
EXHIBIT"A"
Page 11 of 11
rn
�_
CD CO
-=
°, a;
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%
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
•
11A4CITY OF CORPUS CHRISTI
DISCLOSURE OF INTEREST
City of
Chroriisti 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: Govind Development,LLC.
P.O.BOX:
STREET ADDRESS: 9510 Leopard Street CITY: Corpus Christi ZIP: 78410
FIRM IS: 1. Corporation = 2. Partnership El 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
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: Ajmer Kular,P.E. Title: Vice President
(Type or Print)
Signature of Certifying Date:
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. 2016-47040
Govind Development, 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 04/28/2016
being filed. ��y�
City of Corpus Christi Date Acknowledged: 'z"y
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 services,goods or other property to be provided under the contract.
E15111
Engineering Services
4 Nature of interest(check applicable)
Name of Interested Party City,State,Country(place of business)
Controlling Intermediary
Nadkarni,Govind 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.
iplollY
SANDRA LUZ LARA Of
w-4 Notary ID # 125406924 I
_, My Commission Expires / `
1 �,�f0 May 23, 2019 '^�ignature authorized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE
Sworn to and subscribed before me,by the said A y Y1e( I�/
�LAU ,this the 2._ day of ,
20 1G, ,to certify which,witness my hand and seal of office.
La1r1di/ sI 1 1A S[AXYi0.1.tiz t arc. MtAG,1r ,�1,b\tr
Signature of o'; .im ng oath Printed name of officer administering oath Title of o er administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021