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HomeMy WebLinkAboutC2015-191 - 5/5/2015 - NA CITY OF CORPUS CHRISITI CONTRACT FOR PROFESSIONAL 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 Freese and Nichols, a Texas corporation with offices in Corpus Christi, Texas, acting through its duly authorized representative who is Ron Guzman, P.E., Vice President/Principal (ENGINEER), which agree as follows: 1. DECLARATIONS. "CITY" desires to engage "ENGINEER" to provide services in connection with City's project, described as follows: City of Corpus Christi Capital Programs Department Staff Augmentation Consultant Services (Project No. El 5120) "Project". 2. SCOPE OF WORK. "ENGINEER"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"ENGINEER"for services provided in accordance with Exhibit "A", Scope of Services, and Fee under this AGREEMENT, a total fee not to exceed $48,672.00, (Forty Eight Thousand Six Hundred Seventy Two Dollars and Zero Cents). Monthly invoices shall be submitted in accordance with Exhibit "B". 4. INDEMNIFICATION AND HOLD HARMLESS. The "ENGINEER" agrees to indemnify, save harmless and defend the "CITY", and it's agents, servants, and employees as more fully set forth in Exhibit "C". 5. 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 and may not be used again by the Engineer without the express terms written consent of the Director Capital Programs. However, the En•ineer may use standard details that are not specific to this project. CI /! ' CORPU:AFREES ND NICHOLS dZoos � 4 •���.,._ �L,_, ti- Rona • . 01-on D- e Ro Gu man, P.E. Date City : I-•- Vice President/Principal 800 N. Shoreline Blvd., Suite 1600N Corpus Christi, TX 78401 R s ME D= ' (361) 561-6500 Office ( ( � _ 4 .. ( 59 `5. (361) 561-6501 Fax �a H. Gray, P E. Date Ex-: tive DAi,r of ' • orks 411Pd(A6‘ir Gustavo Gonzal -z, P.E Date Assistant City M-nager of Public Works and Utilities APPROVED AS TO LEGAL FORM Z .I/ y—iif-120/S ssistant City Attorne a Date 2015-191 5/05/15 INDEXED Freese and Nichols RAMS FOMERLY ENGINEERING\PERSONNEL SUPPORT SERVICES FREESE NICHOLS\AGREEMENT FREESE NICHOLS DOC APPROVED 6iThicit4)_ Office of Management and Budget Date.' Project Project Title Accounting Account Activity Account Fund Name Amount No. Unit Category Ayers Street- Street 2015 E15106 Pedestrian 3551-051 550950 E15106 01 3551 EXP 50950 GO Bond Fd $4,056.00 Improvements and (Bond 2014) Turn Lane Addition Chaparral Street - Phase 2 Street 2015 E15107 Downtown 3551-051 550950 E15107 01 3551 EXP 50950 GO Bond Fd $4,056.00 Development (Bond 2014) Master Plan Street 2015 E15105 TXDOT 3551-051 550950 E15105 01 3551 EXP 50950 GO Bond Fd $4,056.00 Participation (Bond 2014) Traffic Signals and Street 2015 E15113 Lighting 3551-051 550950 E15113 01 3551 EXP 50950 GO Bond Fd $4,056.00 Improvements (Bond 2014) Rodd Field Road Street 2015 E15112 Expansion 3551-051 550950 E15112 01 3551 EXP 50950 GO Bond Fd $4,056.00 (Bond 2014) Downtown Street Street 2015 E15108 Traffic Signal and 3551-051 550950 E15108 01 3551 EXP 50950 GO Bond Fd $4,056.00 Area (Bond 2014) Improvements Ennis Joslin Road Street 2015 E15109 Extension 3551-051 550950 E15109 01 3551 EXP 50950 GO Bond Fd $4,056.00 (Bond 2014) Street 2015 E15110 Flato Road 3551-051 550950 E15110 01 3551 EXP 50950 GO Bond Fd $4,056.00 (Bond 2014) Harbor Bridge Replacement Street 2015 E15101 Mitigation and 3551-051 550950 E15101 01 3551 EXP 50950 GO Bond Fd $4,056.00 Support Projects (Bond 2014) (Phase 1) North Padre Island Street 2015 E15111 Beach Access 3551-051 550950 E15111 01 3551 EXP 50950 GO Bond Fd $4,056.00 Roads(3A and 2) (Bond 2014) North Padre Island Street 2015 E15102 Beach Facility 3551-051 550950 E15102 01 3551 EXP 50950 GO Bond Fd $4,056.00 (Bond 2014) Downtown Road Street 2015 E15098 and Streetscape 3551-051 550950 E15098 01 3551 EXP 50950 GO Bond Fd $4,056.00 Improvements (Bond 2014) Total $48,672.00 K-\ENGINEERING DATAEXCHANGE\VELMAP\CAPITAL PROGRAMS FOMERLY ENGINEERING\PERSONNEL SUPPORT SERVICES FREESE NICHOLS\AGREEMENT FREESE NICHOLS DOC F R E E S E Pracctca resuplproashes Outstanding service 800 N.Shoreline Blvd.,Suite 1600N • Corpus Christi,Texas 78401 • 361-561-6500 • fax 361-561-6501 • www.freese.com March 27,2015 Mrs.Valerie Gray, P.E. Executive Director of Public Works City of Corpus Christi P. O. Box 9277 Corpus Christi,TX 78469-9277 Re: Project Management Services Dear Mrs.Gray, Freese and Nichols, Inc. (FNI)would respectfully request your consideration of our proposal for Project Management Services on an on-call basis. The proposal includes man-hours for a P.E. (Eng. IV)to provide assistance with managing projects as directed by City of Corpus Christi staff for three 8-hour days a week for 12 weeks. The fee associated with this effort would be$48,672. Monthly invoices will be for only those hours authorized and rendered. Please feel free to contact me at 361.561.6500 if you have any questions regarding this matter. Respectfully, Freese and Nichols, Inc. Ron Guzm , P.E. Vice President/Principal Enclosures EXHIBIT"A" Page 1 of 1 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% X ca I m W 0 W • • Exhibit "C" Mandatory Requirements INDEMNIFICATION Consultant shall fully indemnify, hold harmless, and defend the City of Corpus Christi and its officials, officers, agents, employees, volunteers, directors and representatives ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and defense costs, caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by Consultant or its agent, consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This Indemnification does not apply to any liability resulting from the negligent acts or omissions of the City of Corpus Christi or its employees, to the extent of such negligence. Consultant must, at City's option, defend Indemnitee and with counsel satisfactory to the City Attorney. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. NE Professional Services Agreements Standard Form Language Exhibit"C" Last revised 12/23/2014 64.1141' SUPPLIER NUMBER TO BE ASSIGNED BY CI FY PURCHASING DIVISION Cityof CITY OF CORPUS CHRISTI City of Corpus DISCLOSURE OF INTEREST sti City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City torovide the following information. Every.question must be answered. If the question is not applicable, answer with NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Freese and Nichols,Inc. P.O. BOX: STREET ADDRESS: 800 N.Shoreline,Suite 1600N CITY: Corpus Christi ZIP: 78401 FIRM IS: I. Corporation Er 2. Partnership _ 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. I. 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 P /" Job Title and City Department(if known) 2. State the names of each "official"of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm." NameL.) /�, Title 3. 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 1.3 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest"conI tituting 3%or more of the ownership in the above named"firm." Name t4 e . Consultant 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: Ron Guzman,P. E. Title: Principal (Type or Print) Signature of Certifying Date: l ,Co , l Person: 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.