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HomeMy WebLinkAboutC2015-238 - 8/6/2015 - NA SMALL A/E AGREEMENT 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 Bath Engineering,a Texas corporation, acting through its duly authorized representative who is William B.Stark,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: Light Up CC Pilot Program (Project No. E15150) "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$11,095.00(in figures), (Eleven Thousand Ninety Five Dollars and Zero Cents) (in words). Monthly invoices will 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 of Capital Programs. However, the Engineer may use standard details that are not specific to this project. CITY • CORU C -Igo 8 , (� B T ENGI EER AIL 4 Vale H. Gray, P E. (Dat- William B. Stark, P. E., (Date) Exe, ive Director • 'u lic Work- Vice President 5656 South Staples, Suite 110 Corpus Christi, TX 78411 RECOMME ED (361) 992-2284 Office (361) 992-2287 Fax Mike Markle, (Date) Interim Chief of Police APPROVED AS TO LEGAL FORM 4 )- 2345 A istant City Attorney (Date) f r City Attorney Project Number: E15150 Accounting Unit: 1040-11861-155 ,�), t_ Account: 530000 C� APPROVED s . Activity: E15150 01 1040 EXP 2015-238I Account Category: 30000 .�� 8/06/15 {15 Fund Name: Parking Impry (Date) Encumbrance Number: Bath Engineering 5150 LIGHT UP CC PILOT P OGRAM\AE AGREEMENT BATH ENGINEERING.DOC INDEXED 6/12/2015 Jeff Edmonds, P.E., Director of Capital Programs City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 Re: Light Up CC Pilot Program (Project No. E15150) Dear Mr. Edmonds: Please accept this letter as our proposal to perform the professional services desired in developing a report for the Light Up CC Pilot Program Project. Report Description and Task List: Evaluate the feasibility of upgrading the existing street lighting in the designated areas along Leopard Street (Crosstown to Upper Broadway), Peoples Street, and along North Beach. This report shall encompass the following tasks: 1. Evaluation of the technical alternatives for High Pressure Sodium and/or LED lighting based on site investigations with City supplied lighting level surveys. 2. Provide recommendation for fixture placements and lighting upgrades based on site constraints, fixture type, and user requirements. Recommended lighting levels will be based on applicable industry standards and comparison to existing City Standards. 3. Preliminary opinion of probable construction cost. Scope of Services: Engineering Report. The Engineer will provide a study and report of the project scope with an economic and technical evaluation of alternatives resulting in an Engineering Report. Included in the report will be the Preliminary designs, preliminary drawings, and written description of the project. Services to be included in the developing the report includes: 1. Confer with the City staff regarding the design parameters of the Project. The NE will participate in discussions with the operating department and other agencies as required to satisfactorily complete the Project, meetings to be limited to three (3). 2. Submit, in an approved electronic format, one paper copy of the Engineering Report, with executive summary, opinion of probable construction cost with life cycle analysis, defined technical evaluations of identified feasible alternatives, and review with City staff (limited to 1 meeting) to produce an acceptable format which contains common municipal elements. The SMALL A/E AGREEMENT EXHIBIT"A"—ENG.RPT Page 1 of 3 Engineering Report will include the following (with CONSTRUCTABILITY being a major element in all the following items): a. Review of the Project with the respective Operating Department(s) and participation in discussions concerning clarification and definition of intent and execution of the Project. The Engineer will meet with City staff to collect data, discuss materials and methods of construction, and identify design and construction requirements. b. 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). c. Identify results of site field investigation including site findings, existing conditions, and probable project design solutions which are common to municipalities. d. Provide a presentation of factors, sketches, designs, cross-sections, and parameters which will or may impact the design, including engineering design bases, 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, identification of right-of-way and easements needed, for a professional design(CONSTRUCTABILITY). e. Identify environmental site evaluations and archeology reports that are needed for the Project (Environmental assessments and archeological services to be an Additional Service). f. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project, permitting, environmental, historical, construction, and geotechnical issues; and meet with pertinent authorities. g. Confer, discuss, and meet with City operating department(s) and Engineering Services staff as needed to produce a cohesive, well-defined proposed scope of design, probable cost estimates(s) and design alternatives (limited to 1 meeting). h. Provide an analysis on project impacts towards "re-engineering" and effects on cost savings toward City operations, which this project will affect. Schedule: 1. Preliminary Submittal 3 weeks from Notice To Proceed (NTP) Due 2. Final Submittal Due 3 weeks after the last comments are received from the city SMALL A/E AGREEMENT EXHIBIT"A"-ENG.RPT Page 2 of 3 Fees: A. Fees for NE services include: • The necessary conferences and site visits for the preparation and execution of the Engineering Report preparation outlined herein (limited to 5 meetings). B. City of Corpus Christi Shall Supply or Reimburse the Following: • All available base and/or site maps from City Engineering files • Existing city utility layouts (water, wastewater, gas and drainage) from City Engineering files • All fees for reviews and/or inspections from Regulatory Agencies • All printing and reproduction cost through City approved vendor • All necessary soil investigations, borings, and laboratory testing C. Summary of NE Fees 1. Preliminary Submittal — 70% Fee Due $7,767.00 2. Final Submittal —30% Fee Due 3,328.00 TOTAL FEE $11,095.00 Sincerely, by William B. Stark, P. E., Vice President SMALL A/E AGREEMENT EXHIBIT"A"-ENG.RPT Page 3 of 3 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% II ti m X cc Z CD OD C.,' - q C., - 00 • 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 • SUPPLIER NUMBER TO BE ASSIGNED BY CITY O PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Chn r; 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. 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: Bath Engineering P. O. BOX: STREET ADDRESS: 5656 South Staples,Suite 110 CITY: Corpus Christi ZIP: 78411 FIRM IS: 1. Corporation 2. Partnership p73. Sole Owner I=14. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,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) _?.. 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." N le Title N 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 410 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." flame Consultant N 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: William B. Stark,P.E. Title: Vice President (Type or Print) gr 1 Signature of Certifying , Date: 7z Person: • . r 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.