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 ,�),
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Account: 530000 C�
APPROVED s . Activity: E15150 01 1040 EXP
2015-238I Account Category: 30000
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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%
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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.