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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 �f� G Page 2of3 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" Page 1 of 4 K %Engineering DataExchangeWRIVIAMDRAINAGElE10200 LA VOLLA CREEK CHANNEL EXCAVATIONQ EXHIBIT A.doc 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" Pa se 2 of 4 K1Engineering Data ExchangelVELMAP %DRAINAGME10200 LA VOLLA CREEK CHANNEL EXCAVATIM2 EXHIBIT A.doc 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" Page 3 of 4 K ;4Engineering DataExchangelVELMAPIORAINAGE5E10200 LA VOLLA CREEK CHANNEL EXCAVATIOW EXHIBIT A.doc 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" 4 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 KSEngineering DataExchange1VELMAMDRAINAGE5E10200 LA VOLLA CREEK CHANNEL EXCAVATIOW EXHIBIT A.doc M A" 4 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 K:%Engineering DataexchangeWELMAPORAINAGME10200 LA VOLLA CREEK CHANNEL EXCAVATIOW EXHIBIT A -1 TASK LIST.Doc 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 K:IEngineering Dataexchange \VELMAP1DRAINAGEIE1o2oo LA VOLLA CREEK CHANNEL EXCAVATIONI3 EXHIBIT A-1 TASK LIST.Doc 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%