HomeMy WebLinkAboutC2016-053 - 2/16/2016 - NA CITY OF CORPUS CHRISTI
CONTRACT FOR PROFESSIONAL SERVICES
The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277,
Corpus Christi, Nueces County, Texas 78469-9277(City)acting through its duly authorized
City Manager or Designee (Director of Engineering Services) and Freese and Nichols,
Inc., a Texas corporation, 800 N. Shoreline Boulevard, Suite 1600N, Corpus Christi,
Nueces County, Texas 78401, (Consultant), hereby agree as follows:
1. SCOPE OF PROJECT
Downtown Street Traffic Signals and Area Improvements (Project No. E15108)-This
project will address traffic signalization, signal & pole replacements and other
miscellaneous improvements. Proposed improvements will comply with Central Business
District Area Standards. This preliminary design will also better define project area.
2. SCOPE OF SERVICES
The Consultant hereby agrees to perform services to complete the Project, as detailed in
Exhibit"A". In addition, Consultant will provide monthly status updates (project progress
or delays presented with monthly invoices)and provide contract administration services, as
described in Exhibit "A", to complete the Project. Work will not begin on Additional
Services until requested by the Consultant (provide breakdown of costs, schedules), and
written authorization is provided by the Director of Engineering Services.
3. ORDER OF SERVICES
The Consultant agrees to begin work on those authorized Basic Services for this contract
upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will
not begin on any phase or any Additional Services until requested in writing by the
Consultant and written authorization is provided by the Director of Engineering Services.
The anticipated schedule of the preliminary phase, design phase, bid phase, and
construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all
additional time that may be required for review by the City staff and may be amended by or
with the concurrence of the Director of Engineering Services.
The Director of Engineering Services may direct the Consultant to undertake additional
services or tasks provided that no increase in fee is required. Services or tasks requiring
an increase of fee will be mutually agreed and evidenced in writing as an amendment to
this contract. Consultant shall notify the City of Corpus Christi within three (3) days of
notice if tasks requested requires an additional fee.
4. FEE
The City will pay the Consultant a fee as described in Exhibit "A" for providing services
authorized, a total fee not to exceed $49,579.00. Monthly invoices will be submitted in
accordance with Exhibit "B".
2016-053
2/16/16
Contract for Professional Services
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The City's Project Manager from the Operating Department is responsible for assigning
tasks to the Consultant and approving their daily/weekly/monthly hours. The Consultant is
required to submit a detailed and approved hourly breakdown with their monthly invoice
paperwork to the City for payment.
5. INDEMNITY
Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its
officials, officers, agents, employees, or other entity, excluding the engineer or
architect or that person's agent, employee or subconsultant, over which the City
exercises control ("Indemnitee") from and against any and all claims, damages,
liabilities or costs, including reasonable attorney fees and court costs, to the extent
that the damage is caused by or results 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 or its
employees, to the extent of such negligence.
Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney,
from and against any and all claims, damages, liabilities or costs, including
reasonable attorney fees and court costs, if the claim is not based wholly or partly
on the negligence of, fault of or breach of contract by Indemnitee. If a claim is
based wholly or partly on the negligence of, fault of or breach of contract by
Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in
proportion to the Consultant's liability.
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.
6. INSURANCE
6.1 Consultant must not commence work under this agreement until all required
insurance has been obtained and such insurance has been approved by the City.
Consultant must not allow any subcontractor to commence work until all similar insurance
required of any subcontractor has been obtained.
6.2 Consultant must furnish to the Director of Engineering Services with the signed
agreement 2 copies of Certificates of Insurance(COI)with applicable policy endorsements
showing the following minimum coverage by an insurance company(s) acceptable to the
City's Risk Manager. The City must be listed as an additional insured on the General
liability and Auto Liability policies, and a waiver of subrogation is required on all
applicable policies. Endorsements must be provided with COI. Project name and or
number must be listed in Description Box of COI.
Contract for Professional Services
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TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, Bodily Injury and Property Damage
required on all certificates or by Per occurrence - aggregate
applicable policy endorsements
Commercial General Liability including: $1,000,000 Per Occurrence
1. Commercial Broad Form $2,000,000 Aggregate
2. Premises — Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
AUTO LIABILITY (including) $1,000,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
PROFESSIONAL LIABILITY $1,000,000 Per Claim
(Errors and Omissions) $2,000,000 Aggregate
(Defense costs shall be outside policy
limits)
If claims made policy, retro date must be
prior to inception of agreement, have
extended reporting period provisions and
identify any limitations regarding who is
insured.
WORKERS' COMPENSATION Statutory
(All States Endorsement if Company is not
domiciled in Texas)
Employer's Liability $500,000 /$500,000 /$500,000
6.3 In the event of accidents of any kind related to this agreement, Consultant must
furnish the City with copies of all reports of any accidents within 10 days of the accident.
6.4 Applicable for paid employees, Consultant must obtain workers' compensation
coverage through a licensed insurance company. The coverage must be written on a policy
and endorsements approved by the Texas Department of Insurance. The workers'
compensation coverage provided must be in an amount sufficient to assure that all
workers' compensation obligations incurred by the Consultant will be promptly met. An All
States Endorsement shall be required if Consultant is not domiciled in the State of Texas.
Contract for Professional Services
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6.5 Consultant shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Consultant's sole expense, insurance coverage
written on an occurrence basis, by companies authorized and admitted to do business in
the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is
required to provide City with renewal Certificates.
6.6 Consultant shall be required to submit a copy of the replacement certificate of
insurance to City at the address provided below within 10 days of the requested change.
Consultant shall pay any costs incurred resulting from said changes. All notices under this
Article shall be given to City at the following address:
City of Corpus Christi
Attn: Engineering Services
P.O. Box 9277
Corpus Christi, TX 78469-9277
6.7 Consultant agrees that with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following required
provisions:
6.7.1 List the City and its officers, officials, employees and elected representatives
as additional insured by endorsement, as respects operations, completed operation
and activities of, or on behalf of, the named insured performed under contract with
the City, with the exception of the workers' compensation policy and professional
liability/Errors & Omissions policy;
6.7.2 Provide for an endorsement that the"other insurance" clause shall not apply
to the City of Corpus Christi where the City is an additional insured shown on the
policy;
6.7.3 Workers'compensation and employers' liability policies will provide a waiver
of subrogation in favor of the City; and
6.7.4 Provide thirty(30)calendar days advance written notice directly to City of any
suspension, cancellation, non-renewal or material change in coverage, and not less
than ten (10) calendar days advance written notice for nonpayment of premium.
6.8 Within five (5) calendar days of a suspension, cancellation or non-renewal of
coverage, Consultant shall provide a replacement Certificate of Insurance and applicable
endorsements to City. City shall have the option to suspend Consultant's performance
should there be a lapse in coverage at any time during this contract. Failure to provide and
to maintain the required insurance shall constitute a material breach of this contract.
6.9 In addition to any other remedies the City may have upon Consultant's failure to
provide and maintain any insurance or policy endorsements to the extent and within the
time herein required, the City shall have the right to order Consultant to remove the exhibit
hereunder, and/or withhold any payment(s) if any, which become due to Consultant
hereunder until Consultant demonstrates compliance with the requirements hereof.
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6.10 Nothing herein contained shall be construed as limiting in any way the extent to
which Consultant may be held responsible for payments of damages to persons or property
resulting from Consultant's or its subcontractor's performance of the work covered under
this agreement.
6.11 It is agreed that Consultant's insurance shall be deemed primary and non-
contributory with respect to any insurance or self-insurance carried by the City of Corpus
Christi for liability arising out of operations under this agreement.
6.12 It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
7. TERMINATION OF CONTRACT
The City may, at any time, with or without cause, terminate this contract upon seven days
written notice to the Consultant at the address of record. In this event, the Consultant will
be compensated for its services on all stages authorized based upon Consultant and City's
estimate of the proportion of the total services actually completed at the time of
termination.
8. LOCAL PARTICIPATION
The City Council's stated policy is that City expenditures on contracts for professional
services be of maximum benefit to the local economy.
9. ASSIGNABILITY
The Consultant will not assign, transfer or delegate any of its obligations or duties in this
contract to any other person without the prior written consent of the City, except for routine
duties delegated to personnel of the Consultant staff. If the Consultant is a partnership,
then in the event of the termination of the partnership, this contract will inure to the
individual benefit of such partner or partners as the City may designate. No part of the
Consultant fee may be assigned in advance of receipt by the Consultant without written
consent of the City.
The City will not pay the fees of expert or technical assistance and consultants unless such
employment, including the rate of compensation, has been approved in writing by the City.
10.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, may not be
used again by the Consultant without the express written consent of the Director of
Engineering Services. However, the Consultant may use standard details that are not
specific to this project. The City agrees that any modification of the plans will be evidenced
on the plans, and be signed and sealed by a professional engineer prior to re-use of
modified plans.
Contract for Professional Services
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11.STANDARD OF CARE
Services provided by Consultant under this Agreement shall be performed with the
professional skill and care ordinarily provided by competent engineers or architects
practicing in the same or similar locality and under the same or similar circumstances and
professional license; and performed as expeditiously as is prudent considering the ordinary
professional skill and care of a competent engineer or architect.
12.DISCLOSURE OF INTEREST
Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and
complete the Disclosure of Interests form as part of this contract.
13.CERTIFICATE OF INTERESTED PARTIES
Consultant agrees to comply with Texas Government Code section 2252.908 and complete
Form 1295 Certificate of Interested Parties as part of this contract, if required. For more
information, please review the information on the Texas Ethics Commission website at
https://www.ethics.state.tx.us.
14.CONFLICT OF INTEREST
Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and
file Form CIQ with the City Secretary's Office, if required. For more information and to
determine if you need to file a Form CIQ, please review the information on the City
Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-
disclosure/index.
15.ENTIRE AGREEMENT AND CONTROLLING LAW
This Agreement represents the entire and integrated Agreement between City and
Consultant and supersedes all prior negotiations, representations or agreements, either
oral or written. This Agreement may be amended only by written instrument signed by both
the City and Consultant. This Agreement is governed by the laws of the State of Texas
without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in
Nueces County, Texas.
16.CONFLICT RESOLUTION BETWEEN DOCUMENTS
Consultant hereby agrees and acknowledges if anything contained in the Consultant-
prepared Exhibit A, Consultant's Scope of Services, or contained in any other document
prepared by Consultant and included herein, is in conflict with this Agreement, this
Agreement shall take precedence and control to resolve said conflict.
Contract for Professional Services
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CITY OF CORPUS CHRISTI FREE E AND NICHOLS, INC.
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Ronald. OAbr.
lson Date Ron uzman, P.E. Date
City Manager Principal
800 N. Shoreline Blvd, Suite 1600N
Corpus Christi, TX 78401
RECOMMEND D 2/5/1/-1
r� (361) 561-6500 Office
Mark Van Vleck, P. E., Date
Assistant City Manager
of Public Works and Utilities
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Va rie H. G y .E. It-IeDat
Executive Direct° of Public Works
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Operating Department Date
AP' -OVED AS TO LEGAL FORM
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'egal Department i/ Date
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Office of Management Dat
and Budget
Project No. E15108
Accounting Unit: 3551-051
Account: 550950
Activity: E15108013551 EXP .
Account Category: 50950
Fund Name: Street CIP BOND 2014
Encumbrance No.
Contract for Professional Services
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FRE E 5 E Innovative approaches
nl results
ZNICHOLS Outstanding service vice
800 N.Shoreline Blvd.,Suite 1600N • Corpus Christi,Texas 78401 • 361-561-6500 • fax 361-561-6501 www.freese.com
December 23, 2015
Mr. Jeff Rotman
Project Manager, Engineering Services
City of Corpus Christi
P.O. Box 9277
Corpus Christi,TX 78469
RE: Proposal for Engineering Services for Bond 2014 Proposition 2, Downtown Street Traffic Signal
and Area Improvements
Mr. Rotman:
Freese and Nichols, Inc. (FNI) is pleased to submit our professional services proposal to provide preliminary
phase services for the project. The scope of services for this project was developed from the Scoping Memo
provided by Terry Sweeny of the Downtown Management District and meetings held regarding the project
with Mr. Sweeny, Alyssa Barrera of the City of Corpus Christi City Manager's office, and Mr. Raymond Chong,
City of Corpus Christi Traffic Engineer. Our project scope includes data collection and the development of a
draft Engineering Letter Report to establish the design features of the project.
The project description provided to FNI reads: "This project will replace all obsolete signal poles at traffic
signals on Water Street corridor with mast arm pole assemblies from south of IH-37 to Coopers Alley. It will
upgrade traffic signal hardware and software to City standard configuration. The new mast arm poles will
be designed to comply with the architectural design standards outline in the Central Business District Area
Development Plan. Traffic signals will be coordinated for better traffic flows. This project will also assess
the need to remove existing traffic signals as traffic signal warrant analysis dictates." The project budget
indicates that $3,500,000 is available from Streets and $1,500,000 is available from Utilities.
The following items listed below shall be provided by the City of Corpus Christi:
• All existing drawings, specifications, or related project archive documents for the project area.
• Coordination assistance with the Downtown Management District during design or plan reviews.
• Traffic and pedestrian counts at all intersections and high pedestrian crossings in the study area.
Scope of Work for Conceptual Design
Freese and Nichols, Inc. has prepared the following scope of work for the Conceptual Design phase of the
project to frame up the design elements that should proceed into preliminary and final design under the
prescribed budget:
Data Assembly and Meetings:
1. FNI will request and assemble relevant information from the City's Record drawings, reports, and
GIS data to establish existing utilities and existing Right-of-Way within the project limits.
2. FNI will work with City staff to coordinate the franchise utilities to obtain preliminary information
on which franchise utilities are within the project limits.
3. FNI will hold targeted meetings with key stakeholders to document specific project features for
possible inclusion in the project design.
EXHIBIT"A"
Page 1 of 3
Mr. Rotman
Page 2
December 23, 2015
4. FNI will hold work sessions with city staff and DMD representatives to discuss issues and review
initial design concepts and budget priorities.
Conceptual Design:
5. FNI will review the weekday traffic operations along Water Street for potential enhancements to
lane allocations that can be accomplished with pavement markings. FNI will also confer with city
and DMD staff to review weekend and special event traffic patterns that may need to be
considered in the design of the traffic signal equipment or any lane modifications.
6. FNI will review RTA operations along Water Street for needed signal accommodations.
7. FNI will review cross street traffic operations for the potential modifications to the one-way
operations on Starr,Antelope, Schatzell, Lawrence, William and John Sartain Streets, considering
their connections to Leopard Street(Spur 407) and Lipan Street to the west and Shoreline
Boulevard and the T-Heads to the east. Prepare a white paper on the potential and implications for
one-way modifications for review and discussion with city staff and DMD representatives.
8. FNI will perform engineering analysis for signal warrants on the intersections south of IH-37, using
traffic modeling tools, city data, and procedures in the 2011 Texas Manual on Uniform Traffic
Control Devices. FNI will review the signal warrants in relation to the subject street's operation
relative to the overall downtown traffic flow.
9. FNI will identify the needed traffic signal equipment and intersection control operations at each
intersection south of IH-37.
Draft Engineering Letter Report (ELR):
10. FNI will develop a Draft ELR which will summarize the information gathered and make
recommendations for design of the project. FNI will outline the results of the traffic warrant
studies and make recommendations for additional studies required to complete the design.
11. FNI will develop an Opinion of Probable Construction Cost for the proposed improvements within
the project limits.
12. FNI will meet with city staff and DMD to discuss the recommendations of the ELR and priorities for
advancement of the project elements into preliminary and final design.
Conceptual Design Fee
Freese and Nichols, Inc. proposes to perform the scope of services listed above for the following lump-sum
fees:
Data Assembly and Meetings $ 16,566
Conceptual Design $ 16,195
Draft Engineering Letter Report (ELR) $ 15,184
Project Management, QA/QC $ 1,634
TOTAL $49,579
OLCR Corpus Christi -CORS EXHIBIT"A"
Page 2 of 3
Mr. Rotman
Page 3
December 23, 2015
Schedule
FNI proposes to prepare the first draft ELR for review by the City within 10 weeks from the Notice to
Proceed. This schedule assumes that the city will provide the required information and traffic count data
within the first 4 weeks of the schedule. It is anticipated that the City will require 3 weeks for review of the
ELR. The City's comments can be addressed and included in the next draft 2 weeks from receipt of the
review comments. The total project schedule is therefore 15 weeks.
Sincerely,
Ron Guz an, P.E.
Principal, Corpus Christi Office
cc: Nick Cecava, Kevin St.Jacques
OLCR Corpus Christi -CORS EXHIBIT"A"
Page 3 of 3
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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