HomeMy WebLinkAboutC2012-002 - 1/10/2012 - ApprovedCITY OF CORPUS CHRISTI
CONTRACT FOR PROFESSIONAL SERVICES
The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277,
County, Texas 78469 -9277 (City) acting through its duly authorized City Manager o r
Engineering Services) and Urban Engineering a Texas partnership, 2725 Swantner,
County, Texas 78404, (Arch itectl Engineer — A/E), hereby agree as follows:
1. SCOPE OF PROJECT
Corpus Christi, Nueces
Designee (Director of
Corpus Christi, Nueces
La Volla Creels Drainacie Channel Excavation Project No. E10200 — This project will involve the
improvement of La Volla Creek that crosses SH 357 (Saratoga Boulevard) under a new bridge structure
proposed by the Texas Department of Transportation. The project will include the acquisition of right -of -way as
required and permits necessary to realign and provide channel enhancements to La Volla Creek, both north and
south of Saratoga Boulevard to Oso Creek. The project will provide 100 -year capacity for conveyance to the
Oso Creek. Phase I includes the removal of vegetation from the channel and channel widening in the vicinity of
the bridge and the first 3,000 feet downstream. Phase II includes the balance of the channel improvements.
2. SCOPE OF SERVICES
The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans,
specifications, and bid and contract documents. In addition, A/E 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" and "A -1 ", 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 bythe Director
of Engineering Services.
A/E services will be "Services for Construction Projects " - (Basic Services for Construction Projects ") which are
shown and are in accordance with "Professional Engineering Services- A Guide to the Selection and Negotiation
Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional
Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be
considered as Basic Services.
3. ORDER OF SERVICES
The A/E 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 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.
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.
2012 -002
M2012 -003
01/10/12
Urban Engineering Contract for Engineering (AVE) Services
g INDEXED
00 LA VOLLA CREEK CHANNEL EXCAVATIONII CONTRACT PROFESSIONAL SERVICESAOC
4. INDEMNITY AND INSURANCE
A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B ".
5. FEE
The City will pay the A/E a fee, as described in Exhibit "A ", for providing services authorized, a total fee not to
exceed $138 One Hundred Thirty Eight Thousand Dollars and Zero Cents). Monthly invoices will be
submitted in accordance with Exhibit "C ".
6. TERMINATION OF CONTRACT
The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the AIE at
the address of record. In this event, the AIE will be compensated for its services on all stages authorized based
upon A/E 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 75% of the work described herein will be performed by a
labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of
the work described herein will be performed by a labor force residing outside 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 consent of the City, except for routine duties delegated to personnel of the AIE staff. If the
A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual
benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance
of receipt by the A/E without written consent of the City.
The City will not pay the fees of expert or technical assistance and consultants unless such employment, including
the rate of compensation, has been approved in writing by the City.
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 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.
CITY OF CORPUS CHRISTI
By
Oscar R.Mardnez Date
Assistant City Manager
M1'Z ;_OD �1 Au i t UKILLII
BY C-GUNCiL---- LA*Z—
URBAN ENGINEERIN
B - 23 5C-P 2 it
Rhodes "Chip" Urban, P.E., R.P.L.S. Date
Authorized Representative
2725 Swantner
Corpus Christi, TX 78404
(361) 854 -3101 Office
(361) 854 -6001 Fax
- w.�s- �..=«..... �m...� Contract for Engineering (AIE) Services
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K:IENGINEERING DATAEXCHANGE4VELMAP1DRAINAGE1E10200 LA VOLLA CREEK CHANNEL EXCAVATIONX1 CONTRACT PROFESSIONAL SERVICES. DOC
RECOMMEN D
By 11
Pete Anaya, P. E., Date
Director of Engineering Services
ATTEST
By
Armando Chapa, City
APPRO ED AS TO F RM`
By N
V ll-�ity Attorney Date
ENTERED
Contract for Engineering (AIE) Services
Page 3 of 3
KIENGINEERING DATAEXCHANGEIVELMAP IDRAINAGElE10200 LA VOLLA GREEK CHANNEL EXCAVATION\l CONTRACT PROFESSIONAL SERVICESBOC
EXHIBIT A
CITY OF CORPUS CHRISTI, TEXAS
La Voila Creek Drainage Channel Excavation
(PROJECT NO. E10200)
1. SCOPE OF SERVICES
A. Basic Services.
Basic Services will include the following in addition to those items shown on Exhibit "A-
1" Task List.
1. Preliminary Phase. The Architect/Engineer -A/E will:
It is the intent of the Preliminary Phase to provide a study and report of project scope
with economic and technical evaluation of alternatives, and upon approval, proceed in a
Design Memorandum which includes Preliminary designs, drawings, and written
description of the project. This report shall include:
a. Analysis of existing hydraulic conditions of the channel, hydraulic modeling of
proposed improvements and recommendations for phased improvements.
b. Confer with the City staff, United States Army Corps of Enginieers and TXDOT
regarding the design parameters of the Project. The Engineer will participate in a
minimum of three (3) formal meetings with City staff, provide agenda and purpose for
each formal meeting; document and distribute meeting minutes and meeting report
within seven (7) working days of the meeting. The A/E will participate in discussions
with the operating department and other agencies (such as the Texas Department of
Transportation ( TXDOT) and Texas Commission of Environmental Quality (TCEQ))
as required to satisfactorily complete the Project.
c. Submit one (1) copy in an approved electronic format, and one (1) paper copies of
the Design Memorandum (or Engineering Report), with executive summary,
including opinion of probable construction costs with life cycle analysis, defined
technical evaluations of identified feasible alternatives, and review with City staff to
produce an acceptable format which contains common municipal elements. The
Design Summary Report will include the following (with CONSTRUCTABILITY being
a major element in all the following items):
1) Review of the Project with the respective Operating Department(s) and
discussions including clarification and definition of intent and execution of the
Project; The A/E will meet with City staff to collect data, discuss materials and
methods of construction, and identify design and construction requirements.
2) Review and investigation of available records, archives, and pertinent data
related to the Project including taking photographs of the Project site, list of
potential problems and possible conflicts, intent of design, and improvements
required, and conformance to relevant Master Plan(s).
3) Identify results of site field investigation including site findings, existing
conditions, potential right of way /easements, and probable Project design
solutions; (which are common to municipalities).
4) Provide a presentation of pertinent factors, sketches, designs, cross- sections,
and parameters which will or may impact the design, including engineering
EXHIBIT "A"
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design basis, preliminary layout sketches, identification of needed additional
services, preliminary details of construction of critical elements, identification of
needed permits, identification of specifications to be used, identification of quality
and quantity of materials of construction, and other factors required for a
professional design CONSTRUCTABILITY .
5) Advise of environmental site evaluations and archeology reports that are needed
for the Project (Environmental issues and archeological services to be an
Additional Service).
6) Identify and analyze requirements of governmental authorities having jurisdiction
to approve design of the Project and permitting, environmental, historical,
construction, and geotechnical issues; and meet with pertinent authorities.
7) Confer, discuss, and meet with City operating department(s) and Engineering
Services staff to produce a cohesive, well - defined proposed scope of design,
probable cost estimates(s) and design alternatives.
S) Provide a letter stating that the AIE and Sub - consultant Engineers have checked
and reviewed the Design Summary Report prior to submission.
9) Additional items are required with the design memorandum to identify and
summarize the project by distinguishing key elements such as:
• Pipe Size or Building Size
• Pipe Material, etc.
• Why one material is selected over another
• Pluses of selections
• ROW requirements and why
• Permit requirements and why
• Easement requirements and why
• Embedment type and why
• Constructability, etc.
• Specific requirements of the City
• Standard specifications
• Non - standard specifications
• Any unique requirements
• Cost, alternatives, etc.
• Owner permit requirements and status
d. Field location of existing utilities using Texas one -call system (Coordinate with
appropriate City Operating Departments).
e. A subsurface utility engineering survey is not anticipated to be necessary at this point
in the project.
City staff will provide one set only of the following information (as applicable):
a. Record drawings, record information of existing facilities, and utilities (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. Provide applicable Master Plans.
EXHIBIT "A"
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2. Design Phase, Bid Phase and Construction Phase.
The preliminary modeling and analysis will determine the location and extent of
improvements that will need to be made. At the end of the Preliminary Phase, we should
have a well defined scope of work for which a fee can be negotiated.
B. Additional Services (ALLOWANCE)
This section defines the scope (and ALLOWANCE) for compensation for additional services that
may be included as part of this contract, but the A/E 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 AIE will, with written authorization by the Director of
Engineering Services, do the following:
We don't anticipate that any permitting will be necessary for the preliminary phase of the
project. However, the preliminary phase will identify permitting requirements for the proposed
improvements.
Topographic Survey. Provide field surveys, as required for design including transects of
the channel needed for hydraulic modeling and conceptual design. 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.
2. Brush Clearing. Provide subcontractor to clear brush necessary to survey transects across
the study area. Subcontractor will clear line of sight while working around wetland areas
designated by city's environmental consultant working under separate contract.
3. Coordinate with Oso Basin Drainage Study. Coordinate with city's consultant studying
the Oso Creek Drainage Basin. Coordination will include attending periodic meetings and
sharing of study data.
2. SCHEDULE
PROPOSED PROJECT SCHEDULE
ACTIVITY
URRATION
Collect Data & Create Base Model
45 Days
Preliminary Report Submission
------- - Days
City Review & Comment
2 Weeks
Final Report Submission
30 Days
The above schedule is based on beginning work after rights of entry have been acquired by the
city and the wetland delineation has been performed by another consultant and confirmed by the
USACE.
EXHIBIT "A"
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3. 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
I.A.1 -4 above, and for all expenses incurred in performing these services. For services
provided in Section I.A.1 -4, A/E will submit monthly statements for basic services rendered.
In Section I.A.1 -3, the statement will be based upon A/E's estimate (and City Concurrence)
of the proportion of the total services actually completed at the time of billing. For services
provided in Section I.A.4, the statement will be based upon the percent of completion of the
construction contract. City will make prompt monthly payments in response to A/E's monthly
statements.
B. Fee for Additional Services. For services authorized by the Director of Engineering
Services under Section E.B. "Additional Services" the City will pay the A/E a not -to- exceed
fee as per the table below:
C. Summary of Fees
KSEngineering DataExchange1VELMAMDRAINAGE5E10200 LA VOLLA CREEK CHANNEL EXCAVATIOW EXHIBIT A.doc
M A"
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Total
Basic Services
1
Preliminary Phase
$50,000.00
2
Desi n Phase
0.00
3
Bid Phase
0.00
4
Construction Phase
0.00
Subtotal
Basic Services
50,000.00
Additional Services
1
Topographic Survey Authorized
15,000.00
2
Brush Clearing Allowance
65,000.00
3
Coordinate with Oso Basin Drainage Stud Allowance
8,000.00
Subtotal Additional Services
88,000.00
Total Authorized Fee
$138,000.00
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EXHIBIT A -1
TASK LIST
La Voila Creek Drainage Channel Excavation
(Project No. E10200)
A. BASIC SERVICES
1. Preliminary Phase
A. Staff Meetings'
Attend and participate in one (1) project start meeting and two (2) planning
meetings with City staff to discuss planning and conceptual design. Gather
information and perform close coordination with Department staff.
B. Design Memorandum'
B1. Review Project with Operating Department (Traffic, Water, Wastewater,
Storm Water, and Gas Department)'
B2. Coordinate with TXDOT: Access and planned bridge improvements
including widening of area under bridge.
B3. Review dedicated easements, rights of way and property ownership.
B4. Review previous studies of drainage issues in the area.
B5. Perform a drainage study of La Voila Creek drainage basin from its
confluence with Oso Creek, upstream to above the Saratoga Bridge. The
drainage study will analyze:
• Existing conditions
• Widening of the opening under the Saratoga bridge
• Clearing and excavation downstream of the bridge for the City owner
property (approx 2,600')
• Clearing and excavation from the city property downstream to Oso
Creek (approx 3,000')
• Completion of improvements upstream of the bridge (approx 1,500')
• Combination of the above improvements
B5. Prepare cost estimates for the different levels of improvement
B6. Make recommendations for phased improvements based on level of
improvement and cost.
B8. Provide a Letter Stating that A/E and Sub - Consultant Engineers have
checked and Reviewed Design Memorandum prior to Submission'
B9. Deliver One (1) Paper Copy of Interim Plans Design Memorandum
and One (1) Electronic Copy (.pdf).'
B10. Provide a Storm Water Master Plan Update Recommendation
1311. Provide Storm Water Model Input and Output for Reference
EXHIBIT A -1
Page 1 of 2
' See Exhibit A for Additional Detail
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2. Design Phase, Bid Phase and Construction Phase
The preliminary modeling and analysis will determine the location and extent of
improvements that will need to be made. At the end of the Preliminary Phase, we should
have a well defined scope of work for which a fee can be negotiated.
B. ADDITIONAL SERVICES
1.1 Topographic Survey': Provide survey information necessary for creating hydraulic
models and conceptual design for multiple scenarios of levels of improvement.
1.2 Brush Clearing necessary to surrey transects across the creek for surveying
purposes. Brush clearing will be done after wetlands have be determined to avoid
any unnecessary impacts.
EXHIBIT A -1
Page 2of2
' See Exhibit A for Additional Detail
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EXHIBIT B
MANDATORY INSURANCE REQUIRMENTS
(Revised September 2001)
I. CONSULTANT LIABILITY INSURANCE
A. The Consultant shall not commence work under this Agreement until he/she 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 furnish 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. Commercial Form
2. Premises — Operations
3. Explosion and Collapse Hazard
4. Underground Hazard
5. Products/ Completed Operations Hazard
6. Contractual Insurance
7. Broad Form Property Damage
8. Independent Consultants
9. Personal Injury
AUTOMOBILE LIABILITY - -OWNED NON -OWNED
$1,000,000 COMBINED SINGLE LIMIT
OR RENTED
WORKERS' COMPENSATION
WHICH COMPLIES WITH THE TEXAS WORKERS=
COMPENSATION ACT AND PARAGRAPH II OF
THIS 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
[X] NOT REQUIRED
contaminants
BUILDERS' RISK
See Section B -6 -11 and Supplemental Insurance
Requirements
[ ] REQUIRED [X] NOT REQUIRED
INSTALLATION FLOATER
$100,000 Combined Single Limit
See Section B -6 -11 and Supplemental Insurance
Requirements
[ ] REQUIRED [X] NOT REQUIRED
C. In the event of accidents of any kind, the Consultant 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.
EXHIBIT "B"
Insurance Requirements
Pa e 1 of 2
II. HOLD HARMLESS
A. To the extent permitted by law, Consultant agrees to indemnify, save harmless and defend the
City of Corpus Christi, and its officers, 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 reasonable 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, to
the extent caused by Consultant's negligent performance of services 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 officers, 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. If 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 Consultant shall provide the City with a
copy of its certificate of authority to self- 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 final acceptance of the Work by the City, such certificate of
authority to self - 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 met.
Gonsultant shall be responsible fGF paying all costs necessary te PFGGUP9 SUGh build-er's ri-sk insuranGe
providing SUGh i anne Goyernr.e
Ill. 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 wording "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.
IV. A completed Disclosure of Interest must be submitted with your proposal.
EXHIBIT "B"
Insurance Requirements
Page 2 of 2
Tx
o
0 - 3
Basic Services:
Preliminary Phase
Design Phase
Bid Phase
Construction Phase
Subtotal Basic Services
Additional Services:
Permitting
Warranty Phase
Inspection
Platting Survey
O & M Manuals
SCADA
Subtotal Additional Services
Summary of Fees
Basic Services Fees
Additional Services Fees
Total of Fees
COMPLETE PROJECT NAME
Project No. XXXX
Invoice No. 12345
Invoice Date:
Sample form for:
Payment Request
Revised 07/27/00
Total Amount Previous Total Percent
Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete
$1,000
$0
$0
$1,000
$0
$1,000
$1,000
100%
2,000
1,000
0
3,000
1,000
500
1,500
50%
500
0
250
750
0
0
0
0%
2,500
0
1,000
3,500
0
0
0
0%
$6,000
$1,000
$1,250
$8,250
$750
$1,500
$2,500
30%
$2,000
$0
$0
$2,000
$500
$0
$500
25%
0
1,120
0
1,120
0
0
0
0%
0
0
1,627
1,627
0
0
0
0%
TBD
TBD
TBD
TBD
TBD
TBD
TBD
0%
TBD
TBD
TBD
TBD
TBD
TBD
TBD
0%
TBD
TBD
TBD
TBD
TBD
TBD
TBD
0%
$2,000
$1,120
$1,627
$4,747
$500
$0
$500
11%
$6,000
$1,000
$1,250
$8,250
$750
$1,500
$2,500
30%
2,000
1,120
1,627
4,747
500
0
500
11%
$8,000
$2,120
$2,877
$12,997
$1,250
$1,500
$3,000
23%