HomeMy WebLinkAboutC2015-328 - 11/2/2015 - 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 Naismith
Engineering, Inc., a Texas corporation, acting through its duly authorized representative who is Grant A.Jackson,
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: Citizen Collection Center Flour Bluff/Padre Island (Project No. E12190)
"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 $25,500.00 (in figures),
(Twenty Five Thousand Five Hundred 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 OF C US CH I NAISMI ' EN IN ERIN INC.
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Gustavo Gonz lez, P. E. (Date) Grant : . Jai son, E., (Date)
Assistant City anager Vice President
for Public Works and Utilities 4501 Gollihar Road
Corpus Christi, TX 78411
(361) 814-9900 Office
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R c ' ME ' g.AME i (361) 814-4401 Fax
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Exefive Director of.P blicWor
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•perating Department/' (Date)
APPROVED AS TO FORM
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2015-328 1) I/
Ass 11/02/15
for it
AGREEIME Naismith Engineering Inc. COLLECTION CENTER FLOUR BLUFF PADRE ISLAND \A
WGREEMENT NAISMITH ENGINEERING 25500E
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Office of Management and Budget (Date)
Project Number: E12190
Accounting Unit: 3367-033
Account: 550950
Activity: E12190 01 3367 EXPO
Account Category: 50950
Fund Name: Landfill 2015 CO
Encumbrance Number:
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K:\ENGINEERING DATAEXCHANGE\VELMAP\SOLID WASTE\E12190 CITIZEN COLLECTION CENTER FLOUR BLUFF PADRE ISLAND\AGREEMENT NAISMITH ENGINEERING 25500\AE
AGREEMENT NAISMITH ENGINEERING.DOC
MINaismith Eng i neeri ng,Inc
ARCHITECTURES,ENGINEERING■ENVIRONMENTAL■SURVEYING
TBPE FIRM NO. F-355 • • • TBPLS No. F-100395-00
ESTABLISHED 1949
OVER 60 YEARS OF ENGINEERING EXCELLENCE
September 9, 2015
Jeff H. Edmonds, P.E.
Director of Capital Programs
City of Corpus Christi
P.O. Box 9277
Corpus Christi,TX 78469-9277
Re:Project Development and Design Services- Revised
Citizens Collection Center—Flour Bluff/Padre Island Area
Dear Mr. Edmonds:
NEI is pleased to offer this proposal to the City of Corpus Christi (City) for project development
and design services for the Citizens Collection Center—Flour Bluff/Padre Island Area Project.
The vision for the proposed facility is a citizen's collection station as outlined in current Texas
Commission on Environmental Quality (TCEQ) regulations. Under these regulations, the facility
may be "established for the convenience and exclusive use of residents (not commercial or
industrial users or collection vehicles)". Based on this limitation, the station would accept "do-
it-yourself" (DIY) brush and bulky items, recyclables and special wastes, including used oil, tires
and household hazardous wastes. We understand it is the City's intent to develop the project
using the Construction Manager at Risk (CMAR) procurement method, as outlined in Texas
Government Code (TGC), Chapter 2269, Subchapter F.
Based on this project vision, N El's proposal includes assisting the City with certain tasks intended
to advance the project to a conceptual design, allowing the major components and operation of
the facility to be identified. We propose to assist the City with the following specific tasks:
Assemble/Review Existing Information
NEI proposes to assemble and review existing information and data that has previously been
developed for the project, including:
• The preliminary design work and alternate layouts prepared by Kleinfelder
• Site specific information,including survey data,easements, utilities,and property boundaries
available from the City's purchase documents for the site
• Information from the City Solid Waste department regarding requirements for the site,
including wastes to be handled, operating plans, staffing levels, equipment and office needs
• Prior input from public meetings and stakeholders to include critical issues, perceived flaws,
desired features, etc.
There will be no separate deliverables for this task since the results will be incorporated into
subsequent deliverables for the project.
EXHIBIT "A"
Pase1 of2
4501 Gollihar Road. Corpus Christi,TX 78411 ■ 800-677-2831 361-814-9900 Fax 361-814-4401 ■ naismith-engineering.com
Jeff H. Edmonds, P.E.
Director of Capital Programs
City of Corpus Christi
September 9, 2015
Page 2 of 2
Data Collection
NEI proposes to collect additional data needed to prepare the conceptual and preliminary
designs, including the following:
• Topographic surveying of the site
• A tree survey (to identify trees with a trunk diameter of 6 inches or larger for consideration
to remain in place)
• Obtaining equipment data for intended operation, including specifications, requirements,
procurement times and other relevant information.
There will be no separate deliverables for this task since the results will be incorporated into
subsequent deliverables for the project.
Conceptual Design
NEI proposes to prepare up to three (3) alternative conceptual design layouts for the project,
based on the prior tasks and input from both Capital Programs and Solid Waste Department staff.
The deliverables for this task would include color plan view drawings, street level elevations and
a narrative description for each alternative. In addition to electronic files in Adobe Acrobat .pdf
format, NEI would provide two(2) sets of large color exhibits of each alternative,suitable for use
in subsequent stakeholder meetings.
Based on the scope of work outlined above, we estimate the schedule and cost for each of
these tasks to be as follows:
Task Schedule,from NTP Cost
Assemble/Review Existing Information 2 weeks (End of Week [EOW] 2) $4,500
Data Collection 3 weeks (EOW 4) $9,300
Conceptual Design 3 weeks (EOW 4) $11,700
Total 8 weeks $25,500
We appreciate the opportunity to submit this information to the City. 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.
Sincerely,
NAISMITH ENGINEERING, INC.
,
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Grant A.Jackson, P.E.
Vice President
Z:\PFolders\P-01949\Flour Bluff\FlourBluff-Rev2.Docx
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NaismithEngineering,Inc
ARCHITECTURE■ENGINEERING■ENVIRONMENTAL■SURVEYING EXHIBIT "A"
Page 2 of 2
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 CII Y
PURCHASING DIVISION
City of CITY OF CORPUS CHRISTI
Corpus DISCLOSURE OF INTEREST
Christi
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do
business with the City torovide 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. Corporationi5 2. Partnership3. Sole Owner ❑
4. 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)
�
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."
Nanle Title
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
' , y rr�_�1�- ommittee ThhirsitiAt,‘ 1j 41651A
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: Grant Jackson,P.E. Title: Vice President
(Type or Print)
Signature of Certifying ✓ , Date: eoyays.
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.