HomeMy WebLinkAboutC2015-253 - 8/24/2015 - NA .
SMALL NE
AGREEMENT
for
Architect/Engineer 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 Texas
corporation,acting through its duly authorized representative who is GRANT A.JACKSON,P.E.(ENGINEER),which agree as
follows:
1. DECLARATIONS."CITY"desires to engage"ENGINEER"to provide services in connection with City's project,
described as follows: Waldron Road from Caribbean to Glenoak BOND 2014(Project No. E13099)"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$48,960.00(in figures), (Forty Eight Thousand Nine
Hundred Sixty Dollars and Zero Cents) (in words). Monthly invoices will be submitted in accordance with Exhibit"C".
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 B".
CITY OF CORPUS CHRISTI NAISM • EN •IN ERING, C.
154.G 8S5 ArdilidAel./y/,
as
I L. oIson (Date) Gra7A. Ja' son P . ( te)
Ronald
City Manager Viceresident
4501 Gollihar Road
Corpus Christi, TX 78411
REC NDED (361) 814-9900 Office
,12. IS
Gustavo G•nzalez, P.E 6 (Date)
Assistant • M- ag•r
of •r . & tif-
j11I / I Q2 I% is-
v.9
e H. Gray, P.E. (Date
Etive Direct. of •ublic Works
�f
Operating Department ( at )
Project No. E13099
Accounting Unit: 3551-053
APPR VE zry, / Account: 550950
atiAOb°6).. Activity: E13099013551 EXP
Offi a of Management and Budget (Dat Account Category: 50950
Fund Name: Street CIP 2014
Encumbrance No.
APPROVED AS TO LEGAL FORM
.►, 7
Ad
2015-253
8/24/15 (Date)
Naismith Engineering Inc.
INDEXED
ti i99 WALDRON FROM AIRDOME TO CARRIBEAN BOND 2014\NAISMITHWE AGREEMENT DOC
. . .
CBINaismithEngineering,Inc
ARCHITECTURE.ENGINEERING■ENVIRONMENTAL■SURVEYING
TBPE FIRM NO. F-355 ' ' ' TBPLS No. F-100395-00
ESTABLISHED 1949
OVER 60 YEARS OF ENGINEERING EXCELLENCE
June 29, 2015
Jerry J. Shoemaker, PE
Sr. Program Mgr Capital Programs
Capital Programs
City of Corpus Christi
P.O. Box 9277
Corpus Christi, TX 78469-9277
SUBJECT: Construction Inspection Services
Waldron Road from Caribbean to Glenoak BOND 2014
Dear Mr. Shoemaker,
NEI is pleased to offer this proposal to provide construction observation services for the Waldron
Road Project. As requested by the City, NEI is proposing to provide a full time inspector for the
duration of the construction contract.
It is our understanding that the design consultant for the project is Urban Engineering, Inc. and
the construction contractor is Berry Contracting LP, DBA Bay LTD. The project will consist of full-
depth repair of a five lane roadway section (four travel lanes and a continuous center turn lane).
Improvements will include curb and gutter, sidewalks, ADA curb ramps and pavement markings.
Utility improvements include underground storm water, water distribution and sanitary sewer
system, and various franchise utility relocations.
The Construction Contract is scheduled to be 210 Calendar Days (30 weeks or approximately 7
months). We are basing our proposed fee on a 30 week construction period, with observation of
18 hours per week. We have also allowed 3 weeks for project closeout, at 12 hours per week.
Therefore the total cost of the construction observation services would be $48,960 ($85/hr x 30
weeks x 18 hours/week= $45,900 plus $85/hr x 3 weeks x 12 hours/week = $3,060).
We thank you for your consideration and approval. If you find this proposal acceptable, we can
proceed to draft an agreement in standard City format. Should you have any questions, please
do not hesitate to call.
Very Truly Yours,
NAISMITH ENGINEERING, INC.
4440.
Grant A. Jackson, P.E.
Vice President
Z:\P Folders\P01951-CC\Waldronroad.Docx
EXHIBIT"A"
Page 1 of 1
4501 Gollihar Road. Corpus Christi,TX 78411 • 800-677-2831 361-814-9900 Fax 361-814-4401 • naismith-engineering.com
EXHIBIT B
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"B"
Page 1 of 1
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%
.
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ii4:;11' SUPPLIER NUMBER
TO BE ASSIGNED BY CII Y
• PURCHASING DIVISION
C• ity of CITY OF CORPUS CHRISTI
Co��; 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: N/A
STREET ADDRESS: 4501 Gollihar Road CITY: Corpus Christi ZIP: 78411
FIRM IS: 1. Corporation i52. Partnership 3. Sole Owner El4. 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)
trYte,
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."
Narrle Title
t Ova,
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
_Comm -� nt�„�_ L a eY/ ✓0- 6"441155/)
ISI Ledo - � fir. �'o'" /7�
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
fly 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 Jackson,P.E. Title: Vice President
(Type or Print)
Signature of CertifyingDate: 00/���
Person: -)/741° —
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.