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HomeMy WebLinkAboutC2008-178 - 5/30/2008 - NASMALL A!E AGREEMENT for ArchitectlEngineerConsu1tant Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home-rule municipal corporation, "CITY", acting through its duly authorized City Manager or designee ("City Engineer"}, and Patterson Engineers, Inc., a Texas corporation, acting through its duly authorized representative who is Joseph C. Hammitt, Jr. P.E. (ENGINEER), which agree as follows: 1. DECLARATIONS. "CITY" desires to engage "CONSULTANT" to provide services in connection with City's project, described as follow: Carpus Christi-Nueces County Health Clinic BSL Lab ReAlacement of Air Handling Unit C-6."Project". 2. SCOPE OF WORK. "CONSULTANT" shall provide services for the PROJECT in accordance wi#h the accompanying Letter, Scope of Services, and Fee attached as "Exhibit A". 3. INDEMNIFICATION AND HOLD HARMLESS, The Consultant agrees to indemnify, save harmless and defend the Ciry of Carpus Christi, and its agents, servants, and employees as mare fully set forth in Exhibit "B". 4. FEE. The "CITY" agrees ko pay the "CONSULTANT" for services provided in accordance with Exhibit "A", Scope of Services, and Fee under this AGREEMENT, a total fee not to exceed 12 300.00 (Twleve thousand. three hundred dollars and zero cents). CITY Or CORPUS CHRISTI 3~/oe 'Ang R s oba (Date) Int rm Assistant City Manager ATTEST Armando Chapa City Secretary P TERSON ENGINEE ,INC. ~; seph .Hammitt, Jr., P.E. ate) 23 N. Upper Broadway, Ste 400 ~+j+--2 ~-~ Corpus Christi, 7x 78401 (361 } 882-0601 office (361) 882-0602 fax latterson@pateng. net APPRO D AS O FORM: D ~~ ~ Dire r of Engineeri rvic (Date)~"}.~~~ ~~ /~ " Le f D artm nt (Date} ~/ 'OO perating Department (Date) Project Number: 5234 Funding Source: 530000-1066-00000-831509 Encumbrance Number:,r $~3~AP 2008-178 OS/3010$ Patterson Engineers _ _ 1 ~ 723 N. Upper Broadway, Ste. 400 ~ Corpus Christi, Texas 78401 Phone (361) 882-0601 Fax (361} 882-0602 -; , www_pateng.net pei@pateng.net April 10, 2008 Kevin Stowers City of Corpus Christi Corpus Christi, Texas RE: Engineering Services Proposal Corpus Christi-Nueces County Health Clinic Replacement of Air Handling Unit C-8 Dear Mr. Stowers, We are pleased to submit the following proposallagreement letter far professional services for mechanical and electrical engineering for the above referenced project. This Agreement shall be between the City of Corpus Christi, hereinafter referred to as "City" and Patterson Engineers, Inc., hereinafter referred to as "Engineer". SCOPE OF THE PROJECT It is our understanding that the scope of this project is the replacement of Air Handling Unit C-6. Scope shall include the following: A. Replacement of exis#ing Air Handling Unit C-B with new roof mounted unit. B. Modification of HVAC, Plumbing and Electrical systems associated with relocation of AHU. C. Reconnection of existing automatic temperature controls to new AHU. Investigation of the condition and the renovation of the existing controls system is not included within the project scope. D. Services of Structural Engineer as sub-consultant ka investigate condition of existing roof structure and to design structural modifications for support of new AHU. E. General construction work associated with cutting and patching of existing roofing system will be provided by Architect under separate contract and is not a part of Engineering services scope. Engineering services shall include coordination with the Architect of the mechanical requirements of the roofing work. SCOPE OF BASIC SERVICES In general, mechanical and electrical engineering services include the design of the air conditioning, ventilation, and electrical power systems as described in Scope of the Project. Specifically, the following engineering services will be provided as follows: A. Pre-Design Services: 1. Meet with City at site to determine the scope of new work and point of termination of new work. Exhibit A Pa e 1 of 7 H:IHOMEIKEVI NSIGENIHEALTHIBSL20081ExhA.doc Engineering Services Proposal CC Health Clinic AHU C-6 2. Perform survey of the existing facilities to the extent necessary to determine the condition of the systems included within project scope. 3. Inform City of deficiencies Engineer may have observed that may have adverse affect on system performance. B. Des_ ign Services: 1. Perform survey of existing facilities in effort to coordinate design work with existing conditions. 2. Provide CAD generated base floor plan based on field measurement of existing conditions. 3. Interview appropriate code enforcement authorities having jurisdiction in effort to determine interpretation of code issues that may become apparent during pre-design and design phases. 4. Prepare and submit engineering technical drawings and specifications in accordance with the following phases: a. 60% Complete Design Development Drawings. b. Final Sealed Drawings and Specifications. 5. Prepare and submit an opinion of probable cost upon completion of Phase 4b. 6. Edit front-end specifications far general and supplementary conditions and contractual requirements of the construction contract. 7. Furnish the City with one reproducible set and one copy in electronic format of the technical drawings and specifications. C. Biddin Services: 1. Attend one pre-bid conference at site with proposed bidders and City. 2. Communicate with proposed bidders in regards to Contract Documents and issue any necessary clarifications in form of written addendum prior to bid date. 3. Attend bid opening and assist City in evaluation of bid proposals. D. Construction Administration Services: 1. Attend one pre-construction meeting at site with City and Contractor to review project requirements, scheduling of work and proposed shutdowns. 2. Provide responses in written format to Contractor Reques#s For Information (RFI's) during construction. 3. Conduct one final review of completed construction with City and Contractor and make a recommendation concerning final acceptance. Construction administration services beyond construction contract period will be handled as Optional Services. III. ADDITIONAL SERVICES Additional services will be services rendered that are other than those delineated under the Scope of Basic Services. The following items are considered Additional Services that will be performed within the scope of this proposal. Exhibit A Pa e2of7 Engineeririg Services Proposal CC Health Clinic AHU C-6 A. Conduct monthly construction progress meetings with City and Contractor. Provide report on construction progress and list of construction deficiencies observed by Engineer and direction on remedial work required. B. Review equipment and material submittals prepared by Contractor for general conformance with Contract Documents. C. Review Contractor's Application for Payment on a monthly basis and recommend payment as appropriate. D. Provide recommendation to City on award of substantial completion. Review of final closeout procedures and documentation such as Owner Training, O&M Manuals, Record Drawings, TAB reports, and final payment. IV. OPTIONAL SERVICES Optional services will be services rendered that are other than those delineated under the Scope of Basic Services. These services must be agreed to by the City and Engineer and written authorization received from the City. The following items are considered Optional Services and will be provided upon request by the City: A. Design services due to a change in Scope of Basic Services. B. Design of bid alternates requested by the City. C. Design services due to Change orders requested by the City. D. Preparation of Record Drawings. V. CITY'S RESPONSIBILITIES It shall be the responsibility of the Ci#y to furnish to the Engineer the following: A. Directions on changes in the scope of the project and project limits if different from the services described herein. B. Directions on City's requirements for scheduling of construction work and system shutdowns for inclusion in Contract Documents and Contractor's Bid Proposal. C. Directions on special requirements for Contract Documents or Construction Contract such as bonding, insurance, liquidated damages, overtime work, or other pertinent matters. D. Directions on restrictions on use of existing facilities such as parking lots, building entrances or other pertinent matters. VI. EXCEPTIONS AND CONDITIONS A. The project will be designed to the City of Corpus Christi codes and ordinances. B. Proposed design development layouts will be sent to City at the completion of each design phase for review, comments, and approval prior to Engineer's proceeding to the next design phase. C. Preparation of Final drawings will be started once the 60% Design Submittal has been approved by the City. Any changes andlor additions after approval of this submittal will be handled as Optional Services. Exhibit A Pa e3of7 Engineering Services Proposal CC Health Clinic AHU C-6 D. It is acknowledged by both parties that the engineer's scope of services does not include any services related to asbestos or hazardous or toxic materials. In the event the Engineer or any other party encounters asbestos or hazardous or toxic materials at the jobsite, or should it become known in any way that such materials may be present at the jobsite or any adjacent areas that may affect the performance of the Engineer's services, the Engineer may, at his option and without liability for consequential or any other damages, suspend performance of services on the project until the City retains appropriate specialty consultants or contractors to identi#y, abate and/ or remove the asbestos, hazardous or toxic materials and warrant that the jobsite is in full compliance with applicable laws and regulations. VII. COMPENSATION Engineer, compensation for performing the Basic Services listed above shall be a lump sum amount of Twelve Thousand Three Hundred Dollars ($12,300.00). Compensation for Optional Services shall be hourly based in accordance with rates as scheduled in Attachment A. This fee proposal does not include any taxes that may be levied on these services. VIII. REIMBURSABLE A. All travel outside the market area requested by City will be reimbursed at hourly rates plus #ravel costs upon City approval. IX. BILLING AND PAYMENT Billing shall be monthly based on the percentage of design completion plus reimbursable expenses. The total fee shall be proportioned to the phases of the project according to the following schedule: Pre Design and 60% Design Development 50% Final Construction Documents 35% Bidding Phase 5% Construction Administration Phase 5% Additional Services 5% Total 100% Paymen# is due, upon receipt of invoice at the office of the City, at the office of Patterson Engineers, Inc. X. SITE SURVEYS In the execution of this Agreement, the Engineer shall visit the project site to perform a limited and cursory survey of existing conditions related to the scope of work of this Exhibit A Pa e4of7 Engineering Services Proposal CC Health Clinic AHU C-6 project. Engineer will assert every reasonable effort to discover and assimilate the information necessary far the successful completion of new engineering designs. However, Engineer has not been retained to recreate record drawings or calculations or to determine design parameters and canditions of all aspects of the existing facility. Engineer does not warrant or imply that existing deficiencies in design, performance ar operation of existing systems will be discovered by him, revealed to him or remediated by him within the course of the survey he will perform. Xl. CONSTRUCTION MEANS AND METHODS The Engineer shall not have control over or charge of and shall not be responsible far construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the performance of the work for this project since these are solely the responsibility of the Can#ractor under the conditions of the Construction Contract. The Engineer shall not be responsible for any failure of the Contractor to comply with laws and regulations applicable #o the performance of the Work. The Engineer shall not be responsible for the Contractor's or Subcontractor's schedule or failure to carry out the work in accordance with the contract documents. The Engineer shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, their agents or employees or other persons performing portions of the work. XII. PROJECT SITE SAFETY Neither the professional activities of the Engineer nor the presence of the Engineer or his employees and sub-consultants at the project site shall relieve the Contractor and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the Contract Documents and any health or safety precautions required by any regulatory agencies. The Engineer and his personnel have no authori#y to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The City agrees that the Contractor is solely responsible forjobsite safety, and warrants that this intent shall be made evident in the Construction Contract. XIII. SITE VISITS The Engineer shall visit the project site at appropriate intervals during construction to become generally familiar with the progress and quality of the contractors' work and to determine if the work is proceeding in general accordance with the Contract Documents. The Engineers efforts will be directed toward providing the Owner a greater degree of confidence that the completed Work will conform to Contract Documents. Engineer has not been retained to make detailed inspections or to provide exhaustive or continuous project review and observation services, unless otherwise noted. The Engineer does not guarantee the performance of, and shall have no responsibility for, the acts or omissions of any contractor, subcontractor, supplier or any other entity furnishing materials or performing any work on this project. Exhibit A Pa e5of7 Engineering Services Proposal CC Health Clinic AHU C~6 XIV. OPINION OF PROBABLE COST Opinions of probable cost shall be submitted by Engineer to City in an effort to establish construction budgets and project scope. City shall understand that Patterson Engineers, Inc. have no control over costs or the price of labor, equipment or materials, or over the Contractor's method of pricing, and that opinions of probable construction costs provided are to be on the basis of engineers qualifications and experience. Engineer makes no warranty, expressed or implied, as to the accuracy of such opinions as compare to bid or actual costs. XV. TERMINATION. SUSPENSION OR ABANDONMENT This agreement may be terminated by either party upon not less than seven days written notice should the other party fail substantially to perform in accordance with the terms of this agreement through no fault of the party initiating the termination. Unless the termination is the fault of the Engineer, the Engineer shall be compensated as listed in the agreement for all services performed prior to receipt of written notice #rom the City of such termination. We appreciate the opportunity to be considered for this project and look forward to working with your firm. Sincerely, PATTERSON ENGINEERS, INC. C' , ~~. r oseph C. Hammitt, Jr. P.E. Vice-President Exhibit A Pa e6of7 Engineering Services Proposal CC Health Clinic AHU C-6 Patterson Engineers, Inc. Attachment A -Fee Schedule JOB CLASSIFICATION PRINCIPAL PROJECT MANAGER PROJECT ENGINEER SENIOR DESIGN TECHNICAL ENGINEER ASSOCIATE DESIGN TECHNICIAN CAD TECHNICIAN ACCOUNTINGI ADMINISTRATION TECHNICAL SECRETARY HOURLY RATE $140.00 $~ 1 o.ao $100.00 $sa.ao $60.00 $4~.a0 $48.00 $37.00 Exhibit A Pa e7of7 Exhibit B Mandatory Requirements {Revised November, 2005) INDEMNIFICATION AND HOLD HARMLESS Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, 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 to 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. 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. CITY OF CORPUS CHRISTI ~ DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17912, as amended, requires al[ persans or firms seeking to do business with the City to provide the following information. Every question must be answered_ Ef the question i5 not applicable, answer with 'NA'. FlRM NAME: ~ ~P ' `J P C fi5 ~'' T,~ ZIP: sTREET: V c : r~T FlRM is: 1. Corporation ~ 2. Partnership ^ 3. Soie Owner o 4. Association v ';. Other ^ DISCLOSURE QUESTIONS If additions[ space is necessary, please use the reverse side of this page or attach separate sheep '!. 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 T~fe and City Dep'artmerrt C~ known) 2. State the names of each "at7icial" of the City of Corpus Christi having an "ownership interest" c:onstttuting 3% or more of the ownership in the above named "firm". Name ,^ Titre W~ 3. Slate the names of each "board rnembe~ of the (~Ey of Corpus Christi having an "ownership interest" constituting 39b or more of the ownership in the above named "f"irm"- Nairr~re} Board, Commission or Committee IV/~ T" 4. State the names of each employee or ot'~er of a "consultant" for the City of Corpsrs•Cirristi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of 'tlte ownership in the above named "firm". Name Consuitarrt N lA~ _ cER-nFICaTE I cerfify that all information provided is true and correct as of the date of this statement, that !have not knowingly wdhhetd disclosure of arty information requested; and that supplemental statemerr~ wr~l be prampti)- submitted tp the Cray of Corpus Christi, Texa~~ch~ es occur. Ce 'n Perso `'~/TI~-F- ~CQ. ~SDN Tide: ~~~ rtrfjn ~ R: (Type or I'riat) Q Signature of Certifying. Person: Date: ~ ~ ~v