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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. /. Z- I ' / 'I cyL�Lt�/v 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 oty R c ' ME ' g.AME i (361) 814-4401 Fax 0 1 i a. -d ' iviglc/-I Va 7,11.- H. Gray, ". l0/2 s45Date) Exefive Director of.P blicWor If /0,,,,,iin., z. •perating Department/' (Date) APPROVED AS TO FORM ._j- 1/ s,/ 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 INDEXED APP VED 42A /1,1 1 ki 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: y2+1it 1133 Wu- ga6U2449 14V 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. , V / f ac4,--______ Grant A.Jackson, P.E. Vice President Z:\PFolders\P-01949\Flour Bluff\FlourBluff-Rev2.Docx 1[3:1 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% X cc I cm 00 St, =1St, 0li 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.