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HomeMy WebLinkAboutC2015-237 - 8/4/2015 - 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 Naismith Engineering, Inc., a Delaware corporation, acting through its duly authorized representative who is Grant A. Jackson, P.E., Vice President (ENGINEER), which agree as follows: 1. DECLARATIONS. "CITY" desires to engage "ENGINEER" to provide services in connection with City's project, described as follows: Project Management Assistant to Capital Programs Department"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 $46,800.00, (Forty-Six Thousand Eight Hundred 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 Engineer may use standard details that are not specific to this project. CITY OF CORPUS CHRISTI NAISM ' E INA ERIN , INC. jil.4,1 0 , e, 04.0 046 , f ' • Gra A. J:ckso .E. Date Ron son Date Ci - =ger • Vice Pres dent 4501 Gollihar Road — 4 . Corpus Christi, Texas 78411 Gustavo Gonzalez, - E , Date (361)814-9900 Office Assistan City M:na•er (361)814-4401 Fax f. P •lic or s :n•\ lities hil ' ,., . r� , -7 2! L5 rie H. Gr:y, P.E. Date E -cutive Dir- - or, - blicWorks RE M E � ' Df / / 4. . ... 7 ,6 r5 Date 2015-237 8/04/15 Naismith Engineering Inc. ER\ENGINEERING\PROJECT MGMT ASSISTANCE TO CAPITAL PROGRAMS DEPT\CONTRACT.DOC INDEXED APPROVED AS TO LEGAL FORM sistant City Attorney 4)-' Date for City Attorney APP ED j Office of Management and Budget D Project No: E11069 Accounting Unit: 4091-041 Account: 550950 Activity: E11069014091 EXP Account Category: 50950 Fund Name: Water 2012B RVBD ,,' K:\ENGINEERING DATAEXCHANGEWENNIFER\ENGINEERING\PROJECT MGMT ASSISTANCE TO CAPITAL PROGRAMS DEPT\CONTRACT.DOC EXHIBIT"A" CITY OF CORPUS CHRISTI,TEXAS PROJECT MANAGEMENT ASSISTANCE TO CAPITAL PROGRAMS DEPARTMENT I. SCOPE OF SERVICES A. SPECIAL SERVICES 1. Prosect Management Assistance. The Architect/Engineer-NE (also referred to as Consultant)will provide a professional engineer to serve as a project manager on various City projects for the Capital Programs Department. Anticipated tasks will include the following: a) Review and track project status and budgets and provide periodic project updates to the Capital Programs Department and others (as directed) departments/personnel within the City. b) Correspond and conduct meetings with the City's Consultants on various City projects, provided requested record drawings/information from City records, and develop City comments on Consultant work products. c) Coordinate meetings and review comments with City Consultants and Operating Departments on City Projects. d) Attend Public Meetings associated with City Projects. • e) Review City Consultant Monthly Status Reports on City projects. f) Other project management tasks,as assigned by the Director of Capital Programs. The individual professional engineer shall be approved by the Director of Capital Programs and may only be changed with the written authorization of the Director of Capital Programs. The Director will not unreasonably withhold or condition such approval. II. SCHEDULE Date Activity CAPITAL PROGRAMS Three days a week(24 HOURS)@ PROJECT MANAGEMENT $130/HR for a duration of 15 weeks ASSISTANCE III. FEES A. Fee for Special Services. The City will pay the NE a fixed hourly fee for providing for all"Special Services"authorized as per the table below. The fees for Special Services will not exceed those identified and will be full and total compensation for all services outlined in Section 1.A.1 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, NE will submit monthly statements for services rendered.The statement will be based upon A/E's records(and with City's concurrence) of the hour of services actually completed at the time of billing. City will make prompt monthly payments in response to A/E's monthly statements. Summary of Fees EXHIBIT"A" Page 1 of 2 Revised May 1,2015 Z.4849MOOCC Pelmet Management Coalman ae Special Services Fees 1. Project Management Assistance $46,800.00 Subtotal Special Services Fees Total Authorized Fee $48,800.00 • EXHIBIT"A" Page 2 of 2 Revised May 1,2015 1194991COCC Project Management Cantract.doox Sample form for. COMPLETE PROJECT NAME Payment Request 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% . t ei a 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. EXHIBIT "C" Page 1 of 1 Last revised 12/23/2014 SUPPLIER NUMBER TO BE ASSIGNED BY CITY C PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Everyquestion must be answered. If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Naismith Engineering,Inc. P.O.BOX: STREET ADDRESS: 4501 Gollihar CITY: Corpus Christi ZIP: 78411 FIRM IS: 1. Corporation B 2. Partnership = 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessar=y,please use the reverse side of this page or attach separate sheet. 1. 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) 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." Nails@ 4 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." Na /A.1(kt° 2 \ Bo Commissi nor ommiltee 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"constituting 3%or more of the ownership in the above named"firm." Name 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: Grant A.Jackson,P.E. Title: Vice President (Type or Print) Signature of Certifying / f/rj Date: `S— Person: 111 f 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.