HomeMy WebLinkAboutC2014-164 - 6/10/2014 - Approved CONTRACT
for
Architect/Engineer Consultant 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 Russ Berger Design
Group, Inc., a Texas corporation, acting through its duly authorized representative who is Russ Berger, FASA,
President"CONSULTANT", which agree as follows:
1. DECLARATIONS."CITY"desires to engage"CONSULTANT"to provide services in connection with
City's project, described as follows: City of Corpus Christi Municipal Communication Studio Facility
Renovation (Project No. E13144) "PROJECT".
2. SCOPE OF WORK. "CONSULTANT"shall provide services for the"PROJECT"in accordance with
the accompanying Letter, Scope of Services, and Fee attached as Exhibit "A".
3. FEE. The "CITY" agrees to pay the "CONSULTANT" for services provided in accordance with
Exhibit"A", Scope of Services, and Fee under this CONTRACT, a total fee not to exceed $59,300.00 (in figures),
(Fifty Nine Thousand Three Hundred Dollars and Zero Cents) (in words). Monthly invoices will be submitted in
accordance with Exhibit "B".
4. INDEMNIFICATION AND HOLD HARMLESS. The "CONSULTANT" agrees to indemnify, save
harmless and defend the "CITY", and it's agents, servants, and employees as more fully set forth in Exhibit"C".
CITY OF CORPUS CHRISTI BERGER DESIGN GROUP, INC.
‘12.41.44.- S 3•44- )Z,16� . 5/eIi4
Natasha Fudge, P.&45f (Date) Russ Berger, FASA, (Date)
Acting Director of Capital Programs President
4006 Belt Line Road, Suite 160
Addison, TX 75001-5802
RECD ENDEID (972) 661-5222 Office
) & 1I(/ 5' 1 if (972) 934-3935 Fax
Operati g Department (Date)
APPROV
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Office of anagement and Budget (Date)
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ATTEST SECIPTAIN
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City Secretary
Project Number: E13144
Fund Source No: 1031-14676-550010
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M2014-068 E13144 MUNICIPAL COMMUNICATION STUDIO FACILITY RENOVATION\CONTRACT\CONTRACT-MUNICIPAL COMMUNICATION
Russ Berger Design Group Inc. INDEXED
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May 9, 2014
Natasha Fudge, P.E.
Acting Director of Capital Programs
Department of Capital Programs
City of Corpus Christi
1201 Leopard Street
Corpus Christi, TX 78401
Subject: Proposal For Professional Services
Acoustical Consulting and Architectural Design
For The City of Corpus Christi Municipal Communication Studio
Facility Renovation—Project number: E13144
Dear Ms. Fudge:
We are pleased to present this revised proposal for acoustical, mechanical,
electrical, and plumbing consulting and architectural design services regarding
the City of Corpus Christi Municipal Communication Studio (MCS) renovation
project, for use by the Public Communication Department for the City of Corpus
Christi. We have based the proposed scope of our efforts on our meeting with
Kim Womack and tour of the 1201 Leopard Street existing facilities and the new
basement site.
SCOPE OF PROJECT
The consulting services described in this proposal are intended to help you
create the new MCS facility in existing basement space. Our services apply to
the MCS facilities within this area, which are comprised of control rooms, edit
suites, a shooting stage, production rooms, office areas and associated support
areas. Specifically excluded from our contract are technical electronic production
systems.
The inherent structural limitations of the existing construction and the problematic
acoustical nature of the room's volume and shape are not ideal for a broadcast
4006 technical facility of this kind. However, every attempt will be made to overcome
BEVUNERD these limitations and to maximize the acoustical performance of the space within
SIMI 160 the given constraints.
ADDISON
RYAS DESCRIPTION OF SERVICES
75001.5802
972/661 5222 The consulting services for this project will be provided in four phases: Program
FIX Confirmation and Schematic Design, Design Development, Construction
Documents, and Construction Coordination. EXHIBIT"A"
972/934.3935
Page 1 of 5
thdq on
Il Natasha Fudge, P.E. -2 - May 9, 2014
PHASE I —PROGRAM CONFIRMATION AND SCHEMATIC DESIGN
In discussions with you, Kim, and key staff, we will reconfirm the objectives
of this project with regard to design intent, budget, and schedule.
We will develop an informal program for the renovation, which will define
and describe each room's intended use, size, acoustical criteria, and the
general acoustical, technical, and functional requirements that affect their
architectural design.
We will assist in the preparation of construction cost estimates and
schedules.
We will develop a space plan and functional layout for the MCS facility. This
space plan will indicate the size, shape, and orientation of the technical
spaces, their relation to each other, and their relation to the non-technical
and public spaces in the facility.
We will discuss the general construction concepts that are required for a
facility of this type, and their impact on a building renovation and new
interior construction.
PHASE II - DESIGN DEVELOPMENT
Following approval of the space plan and general design concepts, we will
begin design development for the MCS facility. Our efforts will take the form
of letters, reports, drawings, telephone conversations, and meetings.
We will issue general guideline recommendations regarding the engineering
of HVAC and mechanical systems noise control; technical power and
grounding systems; and special acoustical systems, products, and
applications.
We will provide design development drawings of the MCS suite to you for
review and coordination with other design efforts. These drawings may
include the following:
site plan
vicinity map
floor plans
furniture plans/selection
interior elevations/sections
building sections
location of walls, doors, and windows
door/window schedules
reflected ceiling plans and details
acoustical finishes
special floor systems
sound-rated door systems
partition sections EXHIBIT"A"
critical plan details P e 2 of 5
acoustical glazing details
sti Natasha Fudge, P.E. - 3 - May 9, 2014
sound isolation ceiling systems
• special acoustical systems
�, interior finish schedules
special interior details
architectural lighting
millwork/millwork details
mechanical, electrical, and plumbing
We will review and coordinate technical wire management systems for the
MCS suite generated by other members of the design team.
We will identify items that might affect the project schedule, budget, or
quality, and recommend appropriate solutions.
PHASE III - CONSTRUCTION DOCUMENTS
Based on the approved design development documents, we will generate
construction documents for the MCS facility renovation for coordination
with other design efforts and the submittal of building permits.
These construction documents will include drawings, specifications, and
contract requirements suitable for competitive bid or negotiated
construction in accordance with city standards and front end documents.
PHASE IV— BID PHASE SERVICES
We will attend the pre-bid meeting and the bid opening. We will review
and prepare responses to RFI's. We will prepare addenda as needed for
the project execution. We will prepare a bid evaluation and provide a
written recommendation to the City.
PHASE V - CONSTRUCTION COORDINATION
We will review and approve pertinent submittals, shop drawings,
materials, and construction techniques to ensure that they meet the
design intent of the contract documents.
During construction, we will make on-site observations and attend
construction meetings as requested to ensure that the quality and
progress of the work is maintained in accordance with the design.
Reports will be generated to identify deficiencies. Visits to the site will
only be made with advance notice to you.
Any required design/redesign activities initiated during the construction
phase as a result of inspections and meetings will be considered on a
case-by-case basis and handled by amendment to this document.
We will provide final acceptance testing regarding the acoustical
performance of the technical spaces. We will issue a document including
the test results and observations, indicating whether the �,-�BIT"A"
construction is in compliance with the acoustical specifications an• `�} 3 of 5
the needs and requirements established in the facility program.
�� Natasha Fudge, P.E. -4- May 9, 2014
EXCLUDED SERVICES
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Services specifically excluded from the scope of this proposal include
design and documentation of the following:
Civil engineering
Foundation
Structural
Waterproofing
Code compliance review, expeditor's fees and permits
Technical Millwork
Procurement or installation of equipment and systems
The scope of this proposal does not include civil or structural engineering
consulting. However, our work will have an impact in these areas, and
close coordination and communications will be maintained.
COST CONTROL
Opinions of probable construction cost, feasibility studies, and financial
evaluations of alternate solutions prepared by us will be on the basis of our
experience and qualifications, and represent our best judgment as qualified
design professionals. This proposal is based on the assumption that your
construction budget for this project is estimated at$550,000 to $600,000.
However, we do not have control over the cost of labor, materials, equipment, or
services furnished by others, or over market conditions or contractors' methods
of determining their prices. An evaluation of your facility to be constructed or
work to be performed will be speculative until completion of its detailed design.
We do not guarantee that proposals, bids, or actual costs will not vary from
opinions, estimates, or studies submitted by us.
COMPENSATION
Russ Berger Design Group, Inc. will provide the Phase I through Phase V
consulting services as described above for a fixed fee of $59,300. We will
invoice monthly on a percent complete basis for the work performed.
Mechanical, Electrical, and Plumbing consulting engineering and design services
are included in the fees above.
The above fees include six trips for one person for meetings and site inspection.
Any additional meetings or site trips will be handled on an hourly basis, exclusive
of reimbursable expenses. Trips will only be made with your approval.
Reimbursable expenses are included in the fees noted above. These include
expenses for travel, photography, plotting, printing, or report reproduction,
instrumentation fees, shipping costs, and other materials or services necessary
to the execution of the work. EXHIBIT"A" I
Page 4 of 5
m� Natasha Fudge, P.E. - 5 - May 9, 2014
We will not exceed these fees unless one of the following were to occur:
■
The program of the facility or its planned activities is expanded or made
more complex than described.
The scope of our consulting services is increased by you. We will notify
you prior to providing any work which we consider to be beyond the scope
of this proposal.
A significant redesign of the facility or reselection of finishes and materials
is undertaken after any of the drawing phases prior to construction have
been approved.
The duration of our consulting services within the scope of this proposal
exceeds 24 calendar months from the date of this proposal.
In any case, we will not invoice for fees in excess of the above amounts without
your prior approval.
We look forward to working together with you, Kim and your staff on this project.
If this proposal meets with your approval, please return a signed copy.
Best Regards,
RUSS BERGER DESIGN GROUP, INC.
k)grarZa RA Egan-Nam--
Russ Berger, FASA
President
REB:rb
cc: Kim Womack
Jiangang (Daniel) Deng, P.E.
ACCEPTED: CITY OF CORPUS CHRISTI
BY:
DATE:
lEXHIBIT"A" I
Page 5 of 5
Sample form for:
Payment Request
COMPLETE PROJECT NAME Revised 07/27/00
Project No. XXXX
Invoice No. 12345
Invoice Date:
Total Amount Previous Total Percent
Basic Services: Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete
Preliminary Phase $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100%
Design Phase 2,000 1,000 0 3,000 1,000 500 1,500 50%
Bid Phase 500 0 250 750 0 0 0 0%
Construction Phase 2,500 0 1,000 3,500 0 0 0 0%
Subtotal Basic Services $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30%
Additional Services:
Permitting $2,000 $0 $0 $2,000 $500 $0 $500 25%
Warranty Phase 0 1,120 0 1,120 0 0 0 0%
Inspection 0 0 1,627 1,627 0 0 0 0%
Platting Survey TBD TBD TBD TBD TBD TBD TBD 0%
O & M Manuals TBD TBD TBD TBD TBD TBD TBD 0%
SCADA TBD TBD TBD TBD TBD TBD TBD 0%
Subtotal Additional Services $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11%,
Summary of Fees
Basic Services Fees $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30%
Additional Services Fees 2,000 1,120 1,627 4,747 500 0 500 11%
Total of Fees $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23%
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EXHIBIT "C"
MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION
FOR ALE PROFESSIONAL SERVICES/CONSULTANT SERVICES
(Revised October 2010)
A. Consultant must not commence work under this agreement until all insurance required
herein has been obtained and such insurance has been approved by the City. The
Consultant must not allow any subcontractor to commence work until all similar insurance
required of the subcontractor has been obtained.
B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of
Insurance, showing the following minimum coverages by insurance company(s) acceptable
to the City's Risk Manager. The City must be named as an additional insured for all liability
policies, and a blanket waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-Day Written Notice of Cancellation, Bodily Injury & Property Damage
non-renewal or material change required Per occurrence - aggregate
on all certificates
COMMERCIAL GENERAL LIABILITY $1,000,000 COMBINED SINGLE LIMIT
including:
1. Broad Form
2. Premises - Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT
1. Owned vehicles
2.. Hired— Non-owned vehicles
PROFESSIONAL LIABILITY including: $1,000,000 per claim /$2,000,000
Coverage provided shall cover all aggregate
employees, officers, directors and agents (Defense costs not included in face value
1. Errors and Omissions of the policy)
If claims made policy, retro date must be
prior to inception of agreement; have
extended reporting period provisions and
identify any limitations regarding who is
an Insured
WORKERS' COMPENSATION Which Complies with the Texas Workers
Compensation Act
EMPLOYERS' LIABILITY 500,000/500,000/500,000
EXHIBIT"C"
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C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies
of all reports within (10) ten days of accident.
D. Consultant must obtain workers' compensation coverage through a licensed insurance
company in accordance with Texas law. The contract for coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance. The coverage
provided must be in amounts sufficient to assure that all workers' compensation obligations
incurred will be promptly met.
E. Consultant's financial integrity is of interest to the City; therefore, subject to
Successful Consultant's right to maintain reasonable deductibles in such amounts as are
approved by the City, Consultant shall obtain and maintain in full force and effect for the
duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance
coverage written on an occurrence basis, by companies authorized and admitted to do
business in the State of Texas and with an A.M. Best's rating of no less than A-VII.
F. The City shall be entitled, upon request and without expense, to receive copies of the
policies, declarations page and all endorsements thereto as they apply to the limits required
by the City, and may require the deletion, revision, or modification of particular policy terms,
conditions, limitations or exclusions (except where policy provisions are established by law
or regulation binding upon either of the parties hereto or the underwriter of any such
policies). Consultant shall be required to comply with any such requests and shall submit a
copy of the replacement certificate of insurance to City at the address provided below within
10 days of the requested change. Consultant shall pay any costs incurred resulting from
said changes. All notices under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Management
P.O. Box 9277
Corpus Christi, TX 78469-9277
Fax: (361) 826-4555
G. Consultant agrees that with respect to the above required insurance, all insurance policies
are to contain or be endorsed to contain the following required provisions:
i. Name the City and its officers, officials, employees, volunteers, and elected
representatives as additional insured by endorsement, as respects operations and
activities of, or on behalf of, the named insured performed under contract with the City,
with the exception of the workers' compensation and professional liability polices;
ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City
of Corpus Christi where the City is an additional insured shown on the policy;
iii. Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
iv. Provide thirty (30) calendar days advance written notice directly to City of any
suspension, cancellation, non-renewal or material change in coverage, and not less than
ten (10) calendar days advance written notice for nonpayment of premium.
EXHIBIT"C"
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H. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage,
Successful Consultant shall provide a replacement Certificate of Insurance and applicable
endorsements to City. City shall have the option to suspend Consultant's performance
should there be a lapse in coverage at any time during this contract. Failure to provide and
to maintain the required insurance shall constitute a material breach of this contract.
I. In addition to any other remedies the City may have upon Consultant's failure to provide and
maintain any insurance or policy endorsements to the extent and within the time herein
required, the City shall have the right to order Consultant to stop work hereunder, and/or
withhold any payment(s) which become due to Consultant hereunder until Consultant
demonstrates compliance with the requirements hereof.
J. Nothing herein contained shall be construed as limiting in any way the extent to which
Successful Consultant may be held responsible for payments of damages to persons or
property resulting from Consultant's or its subcontractors' performance of the work covered
under this agreement.
K. It is agreed that Consultant's insurance shall be deemed primary and non-contributory with
respect to any insurance or self insurance carried by the City of Corpus Christi for liability
arising out of operations under this contract.
L. It is understood and agreed that the insurance required is in addition to and separate from
any other obligation contained in this contract.
INDEMNIFICATION AND HOLD HARMLESS
Consultant shall 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 negligent performance of Consultant's 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
agents, servants, or employees or any other person indemnified hereunder.
EXHIBIT"C"
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SUPPLIER NUMBER
TO BE ASSIGNED BY CITY
PURCHASING DIVISION
wy
City of CITY OF CORPUS CHRISTI
Chri
t; DISCLOSURE OF INTEREST
City es Corpus Christi Ordinance 17112,e os amended, require al. or firms seeking to do
business with th • vide the followin information.
See reverse si a or I ing Requirements,
Certifications and definitions.
COMPANY NAME: Russ Berger Design Group,Inc.
P.O.BOX:
STREET ADDRESS: 406 Belt Line Road,Suite 160 CITY: Addison,TX ZIP: 75001
FIRM IS: I. Corporation X 2. Partnership _ 3. Sole Owner ❑
4. Association ❑ 5. Other
DISCLOSURE QUESTIONS
dditional 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 more of the ownership in the above named"firm.'
Name Job Title and City Department(if known)
N/A"
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
I•1 tisc
State the names of each "board member" of the City of Corpus Christi having an "ownership
interest"constituting 3%or more of the ownership in the above named"firm."
Name Board, Commission or Committee
N/A
*tate the names of each employee or officer of a "consultant" for the City of Corpus Christi
who worked on any matter related to the subject of this contract and has an ownership
interest"constituting 3%or more of the ownership in the above named"firm."
Name Consultant
i\Z/A
FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will confer an
economic benefit on any City official or employee that is distinguishable from the effect that the
action will have on members of the public in general or a substantial segment thereof, you shall
disclose that fact in a signed writing to the City official, employee or body that has been
requested to act in the matter, unless the interest of the City official or employee in the matter is
apparent. The disclosure shall also be made in a signed writing filed with the City Secretary.
[Ethics Ordinance Section 2-349(d)]
CERTIFICATION
I certify that all information provided is true and correct as of the date of this statement, that I
have not knowingly withheld disclosure of any information requested; and that supplemental
statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur.
Certifying Person: Russ Berger,FASA Title: President
(Type or Print)
DEFINITIONS
a. "Board member." A member of any board, commission, or committee appointed by the
City Council of the City of Corpus Christi,Texas.
b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to
have an effect on that interest that is distinguishable from its effect on members of the public
in general or a substantial segment thereof
c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or
part-time basis, but not as an independent contractor.
d. "Firm." Any entity operated for economic gain, whether professional, industrial or
commercial, and whether established to produce or deal with a product or service, including
but not limited to, entities operated in the form of sole proprietorship, as self-employed
person, partnership, corporation,joint stock company,joint venture, receivership or trust, and
entities which for purposes of taxation are treated as non-profit organizations.
e. "Official." The Mayor, members of the City Council, City Manager, Deputy City
Manager, Assistant City Managers, Department and Division Heads, and Municipal Court
Judges of the City of Corpus Christi,Texas.
f "Ownership Interest." Legal or equitable interest, whether actually or constructively held,
in a firm, including when such interest is held through an agent, trust, estate, or holding
entity. "Constructively held" refers to holdings or control established through voting trusts,
proxies,or special terms of venture or partnership agreements."
g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of
Corpus Christi for the purpose of professional consultation and recommendation.