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HomeMy WebLinkAboutC2015-281 - 9/28/2015 - NA SMALL NE 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 Govind Development, LLC,a Texas corporation, acting through its duly authorized representative who is Ajmer S.Kular, P. E., Vice President of Civil/Structural Engineering "ENGINEER", which agree as follows: 1. DECLARATIONS. "CITY" desires to engage "ENGINEER" to provide services in connection with City's project, described as follows: Gollihar Culvert Outfall Repair(Project No. E ) "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 $29,950.00 (in figures), (Twenty Nine Thousand Nine Hundred Fifty 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 ',t be used again by the Engineer without the express terms written consent of the Director of Capital Prog . However, e - ••ineer may use standard details that are not specific to this project. CI • • • •US C RISTI GO ND DEVELOPMENT, LLC c1A-845 1 i. • & J Gustavo Go 4z, P. E. (Date) Ajme S. Kular, P. E., (Date) .4I16 / k6( Assistant Ci nager Vice President, Civil/Structural Engineering for Public Works and Utilities 9510 Leopard Street Corpus Christi, TX 78410 (361) 241-2777 Office R Az MND. q/ (361) 241-2200 Fax (�� • 7 257(5 1/2. 1( V.t ie H. Gra (Date) Ex- utive Dir- tor Public Works r-77._/5 •derating Department (Date) APPROVED AS TO FORM Zytio/4. i 1- 22-15' A ...4.,r,+ (N . A4+nrncv (Date) 2015-281 9/28/15 Govind Development LLC MAJOR OUTFALL ASSESSMENT AND REPAIR-GOLLIHAR CULVERT OUTFALL\GOVIND DEVELOPMENT AE AGREEMENT INDEXED APPR VED Inkk ql.„1-1j__ Office f anagement and Budget (Da e) Project Number: C13112 E 14 039 Accounting Unit: 3+4043 4530'04 3 Account: 550950 Activity: Et&41L 04 349,6-EXP E 1403'3•O1 . 453 0 •Exp Account Category: 50950 L,% Fund Name: Storm Water CIP Fund Encumbrance Number: K:\ENGINEERING DATAEXCHANGE\VELMAP\DRAINAGE\E13112 MAJOR OUTFALL ASSESSMENT AND REPAIR-GOLLIHAR CULVERT OUTFALL\GOVIND DEVELOPMENT\AE AGREEMENT GOVIND DEVELOPMENT.DOC Date: 8/25/2015 Jeff Edmonds, P. E., Director of Capital Programs City of Corpus Christi—Capital Programs P.O. Box 9277 Corpus Christi,Texas 78469-9277 FOR REPAIR PLAN AND SPECIFICATION PREPARATION SUBJECT: Official City Project Name Gollihar Culvert Outfall Repair project (Project No.E13112) Dear Mr. Edmonds: Please accept this letter as our proposal to perform the professional services desired in developing Gollihar Culvert Outfall Repair project. It is understood that the target construction funds are$300,000. Project Description and Task List: • Replacement of the rtprap of the outfall. • Provide the repair for the front 2 section of box culverts. • Provide typical repair of spall and seal the culvert joints on 12 box culverts. • Repair 15 linear feet on the north and 30 linear feet on the south of damaged concrete retaining wall at the top of the seawall cap. • Backfill of the sink hole(approximately 13 ft 11ft) • Install new paving et the location of sink hole. The intent of the above listed tasks Is to Increase the life of the existing outfall structure system with temporary fix only. Scope of Services: 1. Preliminary Phase • Confirm, evaluate, and field-verify existing site conditions. [City will provide record Information and data as available from City Engineering files.] • Meet as needed with City staff and other Agencies to define the project concept and • identify any permitting or land acquisition requirements. • Review and study the project scope and proposed budget as they relate to construction feasibility. • Review previously developed sketches, designs and/or engineering reports provided by City. • When required, submit written preliminary engineering letter report(s)for City review and approval. • Assimilate all review comments, modifications, additions/deletions and proceed to next phase, upon Notice to Proceed. 2. Design Phase • Develop and submit for review a 60% set of repair construction drawings, plans, details, technical specifications in the City of Corpus Christi's preferred format. • Furnish one(1)set plans to the City of Corpus Christi for review and comment. The City shall assume cost for reproduction of additional sets. • Develop and submit an opinion of probable repair cost for the project improvements. EXHIBIT "A" Page 1 of 3 • Attend the submittal meeting. • Assimilate all review comments, modifications, and additions/deletions and proceed to next phase, upon written Notice to Proceed. • Prepare and submit for review a 100% set of repair construction drawings, plans, details, technical specifications, and bid documents in accordance with the City of Corpus Christi's preferred format. • Provide the marked-up 60% review set so the City may determine that the comments were incorporated into the 60%set. • Furnish one(1)set plans to the City of Corpus Christi for review and comment. The City shall assume cost for reproduction of additional sets. • Develop and submit for review an opinion of probable construction costs within the pm-determined budget constraint or, • Furnish the City with both a reproducible set of plans with specifications and bid documents for the bidding process, as well as the full documents in electronic format. 3. Bid Phase • Attend the pre-bid conference chaired by City and assist City in defining, clarifying, and responding to bidder questions with respect to project design, specifications, materials, and methods. • Attend the bid opening, tabulate bids according to the City Engineering Services preferred standard format,and make recommendations concerning award. 4. Construction Phase • Attend and participate at the pre-bid and pre-construction conferences, which will be chaired by Engineering Services. • Provide record drawings from contractor-prepared redlined marked-up set of construction documents. • Coordinate with the City inspector to authorize minor field alterations that do not affect the contractor's price and are not contrary to the interest of the City. • Conduct a `final inspection` with City and Contractor, and make a recommendation concerning final acceptance. [OPTIONAL SERVICES] • Provide record drawings, in electronic format,of the project • Permit Preparation. • Daily Progress Reports. Schedule: 1. Preliminary Phase Submittal Due 1 week from Notice To Proceed(NW) ( ,2015) 2. Design Phase:60%Submittal Due 2 weeks of NTP ( , 2015) 100%Submittal Due 1 weeks of NW ( ,2015) 3. Bid Phase 1_weeks of NTP ( , 2015) EXHIBIT "A" Page 2 of 3 4. Construction Phase I Until Final Acceptance by City Fees: A. Fees for NE services include: • The necessary conferences and site visits for the preparation and execution of all phases outlined herein. • The production of repair construction and bidding documents In accordance with the City format. B. City of Corpus Christi Shall Supply or Reimburse the Following: • All available base and/or site maps from City Engineering flies • Existing city utility layouts(water,wastewater, gas and drainage) • Approval of preliminary conceptual designs and sketches • All fees for reviews and/or inspections from Regulatory Agencies • All printing and reproduction cost[through City approved vendor] C.Summary of A/E Fees 1. Preliminary Phase—40% Fee Due $11,980.00 2. Design Phase—45% Fee Due $13,477.50 3. Bid Phase—5%Fee Due $ 1,497.50 4. Construction Phase—10% Fee Due $2,995.00 5. Optional Services $ TOTAL FEE $29,950.00 Sincerely, Ajmer S. Kular,P.E. Vice President, CivMUStructural Engineering Govind Development, LLC EXHIBIT "A" 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% X cc m m o0 4 o -« - aj. • 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 = PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Chri t; 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: Govind Development,LLC P. O. BOX: STREET ADDRESS: 9510 Leopard Street CITY: Corpus Christi ZIP: 78410 FIRM IS: 1. Corporation Cl 2. Partnership 3. Sole Owner ❑ 4. Association In 5. Other _✓ L-i svr r //ger L r TY (o2/ /?4-Y7o+l DISCLOSURE QUESTIONS I additional space is necessary,please use the reverse side of this page or attach separate sheet. Ir 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." NameN J Title 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." NameN Board,Commission or Committee 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: Ajmer S.Kular,P.E. Title: Vice President,Civil/Structural Engr. (Type or Print) Signature of Certifying et Date: i// /, s- Person: 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.