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HomeMy WebLinkAboutC2008-023 - 2/12/2008 - ApprovedCITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and Freese and Nichols, Inc., a Texas corporation, 5402 S. Staples, Suite 208, Corpus Christi, Nueces County, Texas 78411, (ArchitectlEngineer - AIE), hereby agree as follows: 1. SCOPE OF PROJECT: New Broadway WWTP -Peer Review {Project No. 7293) Freese and Nichols, Inc., and its subconsultants, will provide independent peer review and evaluation services, value engineering, and constructability review of the design engineering for the New Broadway Wastewater Treatment Plant. 2. SCOPE OF SERVICES The AIE hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, AIE 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 A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. AIE services will be "Services for Construction Projects"- (Basic Services far Construction Projects") which are shown and are in accordance with "Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for #his 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 A/E 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. 2008-023 02/12/08 M2008-034 reese and Nichols, Inc. CONTRACT ~oR ENGINEERING (LARGE A/E} SERVICES Page 7 of 3 Last Revision: sec 2004 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. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. MANDATORY REQUIREMENTS A/E agrees to the mandatory contract and insurance requirements as set forth in Exhibit ~~B„ 5. FEE The City will pay the AIE a fee, as described in Exhibit "A", for providing services authorized. Monthly invoices will be submitted in accordance with Exhibit "D". 6. TERMINATION OF CONTRACT The City may, a# any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon AIE and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The AIE agrees that at least 40% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). 8. 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 cansent of the City, except far routine duties delegated to personnel of the AIE staff. 1f 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 AIE 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. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Director of Engineering CONTRACT FOR ENGINEERING {LARGE A/E) SERVICES Page 2 of 3 Last Revision: C}ec 2004 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. 10. DISCLOSURE OF INTEREST AIE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form attached hereto as Exhibit "C". CITY OF CORPUS CHRISTI By ~ ~~~ Z r a8 ngel R. Escobar Date nterim Assistant City Manager RECOMMEN ED By 4 (~3~~ Kevin Stowers Date Interim Director of Engineering Services FREESE AND NICHOLS, INC. By S- ~ ~ ~/,3~ D ~ Jo n 5. Wolfhope Date 10814 Jo[lyville Rd Building 4, Suite 100 Austin, TX 78759 {512) 451-7955 Office {512) 451-7956 Fax ATTEST By Armando Chapa, City ecretary ~,~~~~ °,~u~~nutt~tt~ air ~rtcr~..._..~:~.~}~.~.~ APPR ED AS FORM ~ ~~~~ K ~ SECRETARY ~ . By ~ ~ Cit orney Date CONTRACT F'OR ENGINEERING (LARGE AIE}SERVICES Page 3 of 3 Last Revision: Dec 2004 EXHIBIT A CITY OF CORPUS CHRISTI New Broadway Wastewater Treatment Plant {WWTP) -Engineering Services I. SCOPE OF SERVICES Freese and Nichols shall render the following professional engineering services in connection with the engineering for the New Broadway Wastewater Treatment Plant. The design of the improvements is to be performed by Carollo Engineers (Design Consultant) and its subconsultants under a Project administered by the City of Corpus Christi. Freese and Nichols, Inc., and its subconsultants, will provide independent peer review and evaluation services, value engineering, and constructability review for this project. The completeness of the design and it's adequacy to meet the requirements of the City remain the responsibility of the Design Consultant. A. Basic Services 1. Preliminary Design Phase. Provide Technical Review Services for the preliminary design of the New Broadway WWTP including attending appropriate preliminary phase meetings, participation in technical review meetings, reviewing the Preliminary Phase Cost Opinions, and providing technical review services to identify constructability, operability, and permitting issues. a} Attend Preliminary Design Phase kickoff meeting to establish project communications and discuss project scope and schedule. b} Attend four Preliminary Design Phase progress meetings to discuss peer review activities, project schedule, and project costs. c) Provide Peer Review of the Preliminary Design Opinion of Probable Construction Cost. Prepare comments for incorporation with the City staff's comments on the cost opinion. d} Provide technical review services to identify potential design construction related considerations far wastewater treatment plants, constructability and operability issues, permitting and regulatory agency coordination, and general consulting and advice as required. Prepare comments for incorporation with the City staff's comments on the cost opinion. 2. Design Phase. Provide Technical Review Services for the final design of the New Broadway WWTP, including attending appropriate final design phase meetings, providing peer review of the Design Consultant's Design Memorandum, Interim, Pre-Final, and Final plans, Special Treatment Facilities Design, specifications, and cost opinions, participation in technical review meetings, and reviewing the [OFF43441]T:1ContractlGARGE AE EXEDBIT A-Broadway Peer Review COCC 7293.DEC2004.doc 1 of 7 Final Design Phase Cost Opinions. a) Participate in five monthly design phase meetings via video conference to provide peer review feedback and to provide input regarding regulatory requirements, constructability and operability issues identified during technical reviews. b} Provide Peer Review of the Design Memorandum. Prepare comments for incorporation with the City staff's comments on the Design Memorandum methodology, assumptions, basic data, analysis, alternatives, conclusions, and recommendations, including: (1 } provide the City with comments and apinians on the relative merits of the findings and recommendations presented by the Design Consultant, including the general civil, treatment process, operability, hydraulic, geotechnical, structural, environmental, mechanical, electrical, and instrumentation & controls system aspects of the project; {2) suggest alternative solutions to those proposed by the Design Consultant, as appropriate; (3) recommend to the City additional investigations, studies, and / or analyses determined to be necessary to evaluate solutions proposed by the Design consultant; {4) participate in a one day meeting with the City Staff and Design Consultant to discuss the findings of the peer review; {5) prepare a report to the City of peer review, comments, and critiques; (6) communicate directly with City staff as necessary to clarify peer review comments; c) Interim Construction Bid and Contract Documents, Peer Review -Provide independent review and evaluation of design documents at the Interim design milestone, including: (1) provide the City with comments and opinions on the relative merits of the design documents presented by the Design Consultant, including the general civil, treatment process, operability, hydraulic, geotechnical, structural, environmental, mechanical, electrical, instrumentation, and supervisory control and data acquisition {SCADA) aspects of the project; (2) suggest alternative solutions to those proposed by the Design Consultant, as appropriate; {3) recommend to the City additional investigations, studies, and 1 or analyses determined to be necessary to evaluate solutions proposed by the Design consultant; (4) participate in a one day meeting with the City Staff and Design Consultant to discuss the findings of the peer review; (5) prepare a report to the City of peer review, comments, and critiques; [OFF03041]'I':1ContractlL.AILGE AE E7{HIBTT A-Broadway Peer Review COCC 7293.DEC2004.doc 2 of 7 {6) communicate directly with City staff as necessary to clarify peer review comments; d) Interim Construction Bid and Contract Documents, Constructability Review - Provide Constructability review of design documents at the Interim design milestone, including a report with recommendations for modifications, where appropriate. The review will endeavor to provide comments regarding: {1 }Adequacy of detail for construction {2) Poten#ial conflicts during construction (3) Qualification requirements for contractor selection (4) Project management requirements for the construction contractor consistent with the city's construction services programs (5) Allocation of construction risks (6) Coordination between contract documents {7} Details for startup and coordinating transfer of operations from existing facilities e) Interim Cost Opinion Review -Provide peer review of the Interim Opinion of Probable Construction Cost. Prepare comments for incorporation with the city Staff's comments on the cost opinion. f) Pre-Final Construction Bid and Contract Documents, Peer Review -Provide independent review and evaluation of design documents at the Pre-Final design milestone, including: (1) provide the City with comments and opinions on the relative merits of the design documents presented by the Design Consultant, including the general civil, treatment process, operability, hydraulic, geotechnical, structural, environmental, mechanical, electrical, and instrumentation, and SCADA aspects of the project; (2) suggest alternative solutions to those proposed by the Design Consultant, as appropriate; (3) recommend to the City additional investigations, studies, and { or analyses determined to be necessary to evaluate solutions proposed by the Design consultant; {4) Prepare comments for incorporation with the city S#aff's comments on the cost opinion. (5) Communicate directly with City staff as necessary to clarify peer review comments; g) Pre-Final Construction Bid and Contract Documents, Constructability Review -Provide Constructability review of design documents at the Pre-Final design milestone, including a report with recommendations far modifications, where appropriate. The review will endeavor to provide comments regarding: [OFF(f3041]T:IContracdLltRGE AE EXHIBIT A-Broadway Peer Review COCC 7293.DEC2004.doc 3of7 {1) Adequacy of detail for construction {2) Potential conflicts during construction (3) Qualification requirements for contractor selection {4) Project management requirements.forthgi construction contractor consistent with the city's construction services programs {5) Allocation of construction risks (6) Coordination between contract documents (7) Details for startup and coordinating transfer of operations from existing facilities h} Pre-Final Cast Opinion Review -Provide peer review of the Pre-Final Opinion of Probable Construction Cost. Prepare comments for incorporation with the city Staff's comments on the cost opinion. i) Final Construction Bid and Contract Documents, Peer Review -Provide independent review and evaluation of design documents at the Final design milestone, including: (~) provide the City with comments and opinions on the relative merits of the design documents presented by the Design Consultant, including the general civil, treatment process, operability, hydraulic, geotechnical, structural, environmental, mechanical, electrical, and instrumentation, and SCADA aspects of the project; (2) Prepare comments far incorporation with the city Staff's comments on the cost opinion. (3} communicate directly with City staff as necessary to clarify peer review comments; j} Final Cost Opinion Review -Provide peer review of the Final Opinion of Probable Construction Cost. Prepare comments for incorporation with the city Staff's comments on the cost opinion. 2. City shall provide the following: a} schedule meetings and notify ail parties of the time and place of the meeting; b} provide copies of all historic documents and drawings as requested for examination by FNI and subconsultants; c) provide copies of all reports, appendices, and other pertinent documents developed by the Design Team; d) schedule conference calls and provide for notice of the time and method of connection to all parties; [DFh~1D3041]T:IContractlLARGE AE EXI-IID1T A-Broadway Peer Review COCC 7293.DEC20D4.doc 4 of 7 e) attend scheduled meetings; f) receive and review all critiques, comments, and reports submitted by FNI and subconsultants Additional Services {ALLOWANCE) This section defines the scope (and ALLOWANCE) for compensation for additional services that maybe included as part of this contract, but the AIE will not begin work on this section without specific written approval 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 will, with written authorization by the Director of Engineering Services, do the following: 1. Public tnvoivement Assistance. Provide a 3d visualization computer model in dvd format for the New Broadway Wastewater Treatment Plant. The visualization model will focus on the appearance of the fiinalized facility design and the incorporation of the project site into the neighboring community. The visualization model will be used to demonstrate a virtual tour of the new treatment plant to be used by the City in Public Meetings and City Council Presentations 2. Construction Phase Peer Review Services. Provide technical peer review services to support the construction phase of the project, including attending up to three on-site meetings to observe the progress of construction and participation in teleconference meetings to discuss the technical aspects of the construction progress. 3. Start-up Phase Peer Services. Provide technical peer review services to support the start-up phase of the plant construction, including attending up to two on-site meetings the discuss the commissioning and start-up of the treatment plant and participation in teleconference meetings to discuss the technical aspects of the start-up phase. 4. Post-Construction Phase Peer Services. Provide technical peer review services to support the post-construction and operations phase for the new wastewater treatment plant, including attending up to two on-site meetings to observe and discuss the operations of the treatment plant and participation in teleconference meetings to discuss the technical aspects ofi the post- cons#ruction and operations phase. [OFF03041]T:1Contract'1I.ARGE AE EXi-IIBIT A-Broadway Peer Review COCC 7293.AEC20U4.doc 5 of 7 L ~0 9 ~p'b(}OZ~~4'£6ZL ~~0~ Mainag aad RennpEOag-d .LIBII~~ ~d ~J21d'11xae.quo~19Sfi9U2IO~1~1dAAluspy~ snd.~o~l~'III ti0£U,~.~Ol :nnolaq alga} ay}aad se aa} paaoxa-o}-}ou a 31y ay} ~(ed !!!nn /f}!~ ay} „saa!n~ag leuo!}lppy„ '8'l uo!}oag ~apun saolnaag fu!aaaui6u3 }o ao}oaa!Q ay} ~(q paz!aoy}ne saowas god •saaln.iaS leuol}lppd ~o} •aad •Z 's}uawa}e}s ~(!y}uow s,3~- o} asuodsa~ w s}uaw~(ed /(!y}uow }dwad a~lew !ll-u- iL}!~ ~}oea}uoo uol}ona}suoo ay} }o uo!}aldwoo }o }uaoaad ay}uodn paseq aq !!!M }uawa}e}say} `~.,d.l uol}oag u! paplnad sao!naas and ~6u!!!!q }o aw!} ay} }r~ pa}aldwoa ~!!en}ora saowas !e}o} ay} ~o uoi}~odad ay} }o (aoua~~nouo~ ~!~ pue) a}ew!}sa s,31y uodn paseq aq !!!nn }uawa}e}s ay} `E-4'y'! uo!}aag u! 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Summar of Fees Fee for Basic Serr-ices 1. Preliminary Phase Peer & Constructabiiity Review $67,875 2. Final Design Phase Peer & Constructability Review $271,425 Subtotal Basic Services Fees $339,300 Fee for Additional Services Sub-Total Additional Services Fees Authorized $-0- Tota[ Authorized Fee $339,300 [0FF03441~T:1ContractlL.ARGE AB EXHIBIT A-Broadway Peer Review COCC 7293.DEC2004.doc 7of7 Exhibi# B Mandatory Requirements {Rer-ised September, 2001) INSURANCE REQUIREMENTS I. CONSULTANT LIABILITY INSURANCE A. The Consultant shall not commence work under this Agreement until helshe has obtained all insurance required herein and such insurance has been approved by the City. Nor shall the Consultant allow any subconsultant to commence work until all similar insurance required of the subconsultant has been so obtained. B. The Consultant shall famish two (2) copies of certificates, with the City named as an additional insured, showing the following minimum coverage in an insurance company acceptable to the City. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all Bodily Injury and Property Damage certificates Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Comrnerciai Form 2. Premises -Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5: Products/Completed Operations Hazard 6. Contractuallnsurance 7. Broad Form Property Damage 8. Independent Consultants 9. Personallnjury AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED 51NGLE LIMIT OR RENTED WH1CH COMPLIES WITH THE TEXAS WORKERS= WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH I! OF TH15 EXHIBIT EMPLOYERS' LIABILITY $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include [~ ] REQUIRED long-tern environmental impact for the disposal of [Xj NOT REQUIRED contaminants BUILDERS' RISK ~ See Section B-6-11 and Supplemental Insurance Requirements [ ]REQUIRED [X] NOT REQUIRED INSTALLATION Ft_OATER $100,000 Combined Single Limit See Section B-6-11 and Supplemental Insurance Requirements [ ] REQUIRED [X] NOT REQUIRED Exhibit "B" -Insurance Requirements Page 1 of 3 C. In the event of accidents of any kind, the Consuftant shall.furnish the City with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. II. HOLD HARMLESS A. Consultant agrees to indemnify, save harmless and defend the City of Corpus Christl, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and-all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage #o any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this contract -performed in a negligent manner. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. B. The Consultant shall obtain workers' compensation insurance coverage through a licensed insurance company or through self-insurance obtained in accordance with Texas law. Ifi such coverage is obtained through a licensed insurance company, then the contract for coverage shall be written on a policy and endorsements approved by the Texas State Board of Insurance. if such coverage is provided through self-insurance, then within ten (10) calendar days after the date the City requests that the Consultant sign the contract documents, the Consuftant shall provide the City with a copy of its certificate ofauthority toself-insure its workers' compensation coverage, as well as a letter, signed by the Consultant, stating that the certificate of authority to self-insure remains in effect and is not the subject of any revocation proceeding then pending before the Texas Workers' Compensation Commission. Further, if at any time before #inal acceptance of the Work by the City, such certificate ofiauthority toself-insure is revoked or is made the subject of any proceeding which could result in revocation of the certificate, then the Consultant shall immediately provide written notice of such facts to the City, by certified mail, return receipt requested directed to: City of Corpus Christi, Department of Engineering Services, P. O: Box 9277, Corpus Christi, Texas 78469 -Attention: Contract Administrator. Whether workers' compensation insurance coverage is provided through a licensed insurance company or through self-insurance, the coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly rnet. ~~ . ~. eel Exhibit "B" -Insurance Requirements Page 2 of 3 III. On the certificate of insurance: • The City of Corpus Christi is to be named as an additional insured on the liability coverage, except for workers' compensation coverage. • Should your insurance company elect to use the standard ACORD form, the cancellation clause (bottom right) shall be amended by adding the warding "changed or" between "be" and "cancelled" and deleting the words "endeavor to" and the wording after "left". If the cancellation clause is not amended in the ACORD form, then endorsements shall be submitted. • The name of the project also needs to be listed under "description of operations". • At least 10-day written notice of change or cancellation will be required. 1V. A completed Disclosure of Interest must be submitted with your proposal. Exhibit "B" -Insurance Requirements Page 3 of 3 Ciiy of ~~ til CITY OF CORPUS CHRISTI ~~~ DISCLOSURE OF INTERESTS 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" FIRM NAME: Freese and Nichols Inc. STREET: 54x2 S. Sta les #208 CITY: Cor us Christi ZIP: 78411 FIRM is: 1. 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. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or mare of the ownership in the above named "firm". Name Job Title and City Department (it known} NIA 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 NIA 3. State the names of each "board member" of the City of Carpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission or Committee NIA 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 mare of the ownership in the above named "firm". Name Con5~ltant NIA CERTIFICATE 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: John Wolfho a P.E. Title:. _Princioai ype or rin ~ //3~~i~ Signature of Certifying Person: Date: f C~ CONTRACT FOR ENGINEERING (SMALL AIE) SERVICES EXHIBIT "C" Page 1 of 2 last Revision: Dec 2004 DEFINITIONS a. "Board Membei". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "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. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce ordeal with a product or service, including but not limited to, entities operated, in the form of sole proprietorship, as self-employed person, partnership, corporation, oint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treate~ as non-profit organizations. d. "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. e. "Ownership Interest'. Legal ar equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an a ent, trust, estate or balding entity. "Constructively held" refers to holding or control established through voting rusts, proxies or special terms ofi venture or partnership agreements. f. "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. CONTRACT FOR ENGINEERING (SMALL. 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