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HomeMy WebLinkAboutC2015-257 - 8/25/2015 - NA SMALL A/E AGREEMENT 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, Inc., acting through its duly authorized representative who is Ron Guzman, P.E., 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: Bayfont Development Plan, Phase 3 Project (Project No.6547) "Project". E'SI52 2. SCOPE OF WORK. "ENGINEER" shall provide services for the PROJECT in accordance with the accompanying Letters, 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 $49,354.00 (in figures), (Forty Nine Thousand Three Hundred Fifty Four and No Cents) (in words). 4. 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 written consent of the Director of Capital Programs. However, the"ENGINEER" may use standard details that are not specific to this project. CITY OF CORPUS CHRISTI FREESE D NICHOLS, INC. Sitaierd ' d i Ye:44d 0 05 1-2— ,, *--- 1 M 1\- Ronald Olso (Date) Ron Guz an, P.E. (Date) City Manager 800 N. Shoreline, Suite 1600N Corpus Christi, Texas 78401 (361) 561-6500 Office (361) 561-6601 Fax RE -oENDED Ag / 0.21 . 1 `' 11 •stavo onzale P... (Date) A :iston•- city -nag'-* • / ( ' 5/1°11( 6- • P rie H. G a (Dater) E -cutiv- sir: • if - bli o .\___ /2. • . H. Edmonds, '.E, ( te) Director of Capital Programs Operating Depa nt (Date) 2015-257 8/25/15 'ARKS\6511-BAYFRONT DEVELOPMENT PLAN PHASE 3\FREESE AND NICHOLS\I SMALL AE-FREESE AND Freese and Nichols Inc. INDEXED 1 - APP- •VED Office of Mgmt and Budget a APPROVED AS TO LEGAL FORM KZeig istant City Attorney (Date) or City Attorney ATTEST 41A_42,, TA Rebecca Huerta, City Secretary Fund Name Accounting Unit Account No. Activity No. Amount Bayfront Development 3126-734 550950 4121620 6.3126 XP $49,354.00 Total $49,354.00 K.\ENGINEERING DATAEXCHANGE\CLARISSAJ\PARKS\E12152-DESIGN-BUILD SERVICES FOR BAYSHORE PARK\FREESE AND NICHOLS\I SMALL AE-FREESE AND NICHOLS.DOCX • EXHIBIT A CITY OF CORPUS CHRISTI BAYSHORE PARK DESIGN-BUILD PROCUREMENT ASSISTANCE (Project No. ) 1. SCOPE OF SERVICES A. Basic Services Phase One (Authorized) 1. Participate in project kick-off meeting with the City. 2. Review existing data to include council meetings, park renderings, and previous Destination Bayfront documents. 3. City will provide previous design-build RFQ's and supporting documentation to FNI for review. The City will provide an exhibit which will detail the anticipated scope of work items (including design elements) that could be included in the design. These items will be listed in priority order of importance. FNI will prepare and organize the RFQ and evaluation criteria including attachments and include suggested revisions and additions. FNI will prepare a preliminary draft of the design-build RFQ for City review. 4. Conduct a maximum of two (2) meetings with City Park and Recreation staff to review the RFQ and included scope of work items. Conduct a maximum of two (2) additional meetings with the City Attorney to review the assumptions as to legal authority and requirements. 5. Attend one (1) advisory group workshop organized and scheduled by the City before the RFQ is released. The City will select the make-up of the advisory group comprised of stakeholders and other interested parties. City will secure the meeting location, develop the agenda, and conduct the workshop. FNI will provide a general overview of the design build procurement process during the workshop. 6. Incorporate final comments from City staff, advisory group workshop, and other stakeholder input. Prepare the final RFQ and provide to City in electronic format. City will release the RFQ using CivCast and will identify a procurement manager to be the point of contact for RFQ procurement process. 7. Participate in the pre-submittal meeting and one (1) site visit. 8. Prepare addenda (as needed) to clarify the scope of the project, requirements of the RFQ and submission of statement of qualifications; answer questions, etc. 9. FNI will review a maximum of five (5) Statement of Qualifications (SOQ). EXHIBIT"A" Page 1 of 4 10.Participate in one (1) meeting with City selection committee to assist City in the process of ranking and scoring the SOQ's submitted. It is anticipated three (3) design-builders will be shortlisted. Phase 1 Assumptions: 1. The City anticipates implementing a design build procurement and project for the Bayshore Park project which will include within the scope of services obligations of the design builder to provide operation and maintenance (O&M) services. These O&M services will be for the constructed project for some period of time after the construction is completed. 2. Based on previous discussions with City, the City anticipates using the authority to use design build under Chapter 2269 Subchapter G for the Bayshore Park Design Build project. The City anticipates following the requirements of Subchapter G. Further, the City anticipates using a qualifications based procurement process with the option to request as additional information from short listed firms costing methodology as defined in Subchapter G. 3. After evaluation by the office of the City Attorney, the legal authority and legal requirements described in Item 2 immediately above will be utilized. 4. The procurement and project will be structured to require the O&M services but leave the City the option to delete the O&M services or delete the operations but retain the maintenance. Phase Two (Not Authorized — Final Scope TBD) At this time the anticipated Phase Two services could be as follows subject to changes made by the City or changes as a result of the RFQ process. 1. Conduct one (1) meeting with City staff to review the Request for Proposal (RFP) process and its requirements. 2. Prepare a draft Design-Build RFP for the shortlisted teams. 3. Conduct one meeting with City to review draft RFP and solicit City comments. Incorporate City comments and provide final RFP to City in electronic format. 4. Prepare addenda (as needed) to clarify the Request for Proposals (RFP) and its requirements and, answer questions. 5. FNI will review the proposals submitted from the shortlisted design-builders. It is assumed short list will be no more than three proposers 6. Conduct one meeting with the selection committee and assist the selection committee in reviewing the proposals. EXHIBIT"A" Page 2 of 4 7. Conduct an interview/confidential meeting with each of the shortlisted design- build teams during one business day. City will make final selection of best value design-builder proposal. 8. Assist the City in preparing a separate RFQ for Programmer/Scheduler support for Bayshore Park. City will provide all supporting documentation 9. Attend additional project stakeholder meetings. 10.Provide Quality Control (QC) reviews of Bayshore Park project milestones. 11.Provide technical assistance as the City's technical advisor during the design phase and construction management support to include a resident representative construction inspector to oversee the project construction. B. Additional Services (Not Authorized) 1 . Plot color maps / exhibits of park conceptual designs provided by the City for the advisory group workshop meeting. 2. Participate in interviews or confidential meetings in the RFQ phase with any or all proposers. 3. Review of design-build agreement as to scope of work/services, roles and responsibilities, obligations, risk allocation, and other industry standard terms and conditions. 4. Pre-award workshop with selected design-builder to finalize preconstruction scope of services to align project objectives and expectations. 2. SCHEDULE A. NE will provide Basic Services for Phase One within eight (8) weeks from Notice to Proceed. 3. FEES A. Fee for Basic Services. The City will pay the NE a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section 1.A.1-10 above, and for all expenses incurred in performing these services. For services provided in Section 1.A.1-10, A/E will submit monthly statements for basic services rendered. City will make prompt monthly payments in response to NE's monthly statements. EXHIBIT"A" Page 3 of 4 B. Summary of Fees Basic Services 1. Phase One (Authorized) $ 49,354.00 2. Phase Two (Not Authorized — Final Scope TBD) TBD Additional Services (Not Authorized) TBD Total Project Fee $ 49,354.00 EXHIBIT"A" Page 4 of 4 • Exhibit "B" 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 Last revised 12/23/2014 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°4; Total of Fees $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% al X o ': .211 ci • • ni,„ SUPPLIER NUMBER TO BE ASSIGNED BY Cil Y PURCHASING DIVISION CITY OF CORPUS CHRISTI city of Corpus DISCLOSURE OF INTEREST Chnsti City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to .rovide the followin. information. ,,,f4A c _4 3, St ,�` _,r. . +� . See reverse si.e for Filing Requirements, Certifications an. .efinitions. COMPANY NAME: Freese and Nichols,Inc. P.O. BOX: STREET ADDRESS: 800 N.Shoreline,Suite 1600N CITY: Corpus Christi ZIP: 78401 ,FTR1 IS ' I. Corporation 57 2. Partnership 3. Sole Owner ❑ 4. Association �_JJ 5. Other _ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. `1State 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) '1 . 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." Name I Title t.11 1State 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 /PS' Board,Commission or Committee ::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"con tituting 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: Ron Guzman,P. E. Title: Principal (Type or Print) • 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.