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HomeMy WebLinkAboutC2016-057 - 2/19/2016 - 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 Ocean Drive from Oleander Avenue to Doddridge Street (Proiect No. E16240) - To provide preliminary project scoping and opinion of probable construction cost. 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 $24,974.00. Monthly invoices will be submitted in accordance with Exhibit "B". 5. INDEMNITY 2016-057 iemnify and hold harmless the City of Corpus Christi and its 2/19/16 ts, employees, or other entity, excluding the engineer or Contract for Professional Services Freese and Nichols Inc. Page 1 of 7 �EET1E16240 OCEAN DRIVE FROM OLEANDER AVENUE TO DODDRIGE STREET\15 1209 AE AGREEMENT DOC INDEXED 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 1 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. 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 Contract for Professional Services Page 2 of 7 K\ENGINEERING DATAEXCHANGE ANGIEM\STREET\E16240 OCEAN DRIVE FROM OLEANDER AVENUE TO DODDRIGE STREET\15 1209 AE AGREEMENT.DOC • . S . 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. 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. Contract for Professional Services Page 3 of 7 K:\ENGINEERING DATAEXCHANGE%ANGIEM\STREET\E16240 OCEAN DRIVE FROM OLEANDER AVENUE TO DODDRIGE STREEl115 1209 AE AGREEMENT.DOC 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. 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. Contract for Professional Services Page 4 of 7 K:\ENGINEERING DATAEXCHANGEWNGIEM\STREET\E16240 OCEAN DRIVE FROM OLEANDER AVENUE TO DODDRIGE STREET\15 1209 AE AGREEMENT.DOC 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. 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. Contract for Professional Services Page 5 of 7 K:\ENGINEERING DATAEXCHANGE\ANGIEM\STREET\E16240 OCEAN DRIVE FROM OLEANDER AVENUE TO DODDRIGE STREET\15 1209 AE AGREEMENT.DOC 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 Page 6 of 7 K:\ENGINEERING DATAEXCHANGE\ANGIEM\STREET\E16240 OCEAN DRIVE FROM OLEANDER AVENUE TO DODDRIGE STREET\15 1209 AE AGREEMENT.DOC CI F - S -RISTI F EES AND NICHOLS, INC. IIH4 • 1:." 9-- L9 ifr z '1:1)!-;e I S e V- a H. Gra , P.E D-te on G zman, P.E. Date E utive Director o Public orks Vice President 800 N. Shoreline Blvd., Suite 1600N Corpus Christi, Texas 78401 (361) 561-6500 Office ron.guzman@freese.com APPROVED AS TO LEGAL FORM Aimee Alcorn-Reed 2016.02.17 15:46:36-06'00' Legal Department Date Ocean Drive from Oleander to Doddridge Project No. E16240 Accounting Unit: 3530-051 Account: 550950 Activity: E16240013530EXP. i ,L Account Category: 50950 0,1140F1 Amount: $24,974.00 Fund Name: Street CIP Encumbrance No. Contract for Professional Services Page 7 of 7 KtENGINEERING DATAEXCHANGEWNGIEMISTREETE16240 OCEAN DRIVE FROM OLEANDER AVENUE TO DODDRIGE STREET115 1209 AE AGREEMENT.DOC F R E E S E Innovative approaches Practical results Z ( Outstanding service 300 N.Shoreline Blvd.,Suite 1600N • Corpus Christi,Texas 78401 • 361-561-6500 • fax 361-561-6501 • www.freese.com January 29, 2016 RECEIVED FEB - 1 2016 Mr. Jeff Edmonds, P.E. ENGINEERING SERVICES Director of Engineering Services City of Corpus Christi P. O. Box 9277 Corpus Christi, TX 78469-9277 Attn: Jeff Rotman, P.E. Re: Preliminary Scoping and Estimating Services for Ocean Drive—Oleander Ave. to Doddridge St. Freese and Nichols Professional Services Proposal Dear Mr. Edmonds, Freese and Nichols, Inc. (FNI) is pleased to provide our Preliminary Scoping and Estimating professional services proposal for evaluating a 1.5 mile segment of Ocean Drive from Oleander Avenue to Doddridge Street. It is our understanding that the City's intent is to issue a Small A/E contract to FNI which will allow us to commence scoping activities on this project. The project scope will include the following activities: Basic Services: A. Preliminary Phase 1. Perform preliminary review of the project data provided by the City. 2. Confirm, evaluate, and field-verify existing site conditions. 3. Meet two (2) times with City staff to define the project requirements. 4. Review previously developed sketches, designs and/or engineering reports provided by City. 5. Review City provided infrastructure lifecycle criteria and Master plans. a. Evaluate existing street conditions based on field observation and City provided information. b. Evaluate existing utilities condition based on field observation and City provided information. c. Identify franchise utilities based on field observation and City provided information. d. Review Corpus Christi MPO proposed bicycle and mobility plan recommendations, prescribed pedestrian and ADA elements, and future RTA bus route plans. 6. Prepare a Final Report with the following information: a. Executive Summary • Identify results of site field investigation including site findings and existing conditions. Include photographs of existing site conditions. • List of potential problems and possible conflicts, intent of design, and improvements required, and conformance to relevant Master Plan(s). • Identify drainage areas contributing to respective street segments, and the outfalls for the drainage infrastructure within the project area. EXHIBIT"A" Page 1 of 3 • r 1 • Identify anticipated permit requirements. b. Drawings,Sketches and Exhibits • Location Map(8 1/2"x 11"sheet) • Photograph Key Map(11"x 17"sheet) • Photographs(8 1/2"X 11"sheets) • Existing Condition Cross-section (8 1/2"x 11"sheet) • Conceptual Repair Cross-section (8 1/2"x 11"sheet) c. Preliminary opinion of probable construction costs for all improvements i. Use City provided standardized unit rate schedules for street repair and utility costs. d. City provided project evaluation checklist Provide one(1)copy of the final report(electronic and hard copy)for City's final review. City will provide one consolidated set of final review comments. FNI will assimilate City final review comments and provide one(1)copy of the final report(electronic and hard copy). Project Assumptions: 1. City will provide related as-built drawings, utility base maps in electronic format,proposed utilities to be upgraded,traffic projections, and unit prices to be used for development of the preliminary opinion of probable construction costs. 2. No topographic or boundary survey will be provided by the Consultant for this project. 3. No geotechnical survey services will be provided by Consultant for this project. 4. Consultant will only identify permits required for development of project. No permit application efforts are to be performed by Consultant under this contract. 5. Consultant will rely on preliminary pavement sections provided by the City for developing pavement costs. The City staff will: 1. Designate an individual to have responsibility,authority,and control for coordinating activities for the construction contract awarded. 2. Provide the budget for the Project specifying the funds available for the construction contract. 3. Provide the City's standard specifications,standard detail sheets,standard and special provisions, and forms for required bid documents. Freese and Nichols, Inc. proposes to perform the scope of services listed above for the lump-sum fee of $24,974.00 as shown in the table below: Basic Services Fees 1. Preliminary Phase $24,974.00 Total Authorized Fee $24,974.00 EXHIBIT"A" Page 2 of 3 FNI will provide the final report for City review within 8 weeks from the Notice to Proceed. It is anticipated that the City will require 2 weeks for review. The City's comments can be addressed and included in the final report 2 weeks from receipt of the review comments. We look forward to working with your team on this project. Please feel free to contact me at 361.561.6500 if you have any questions. Respectfully, Freese and Nichols, Inc. Ron Guzrhan, P.E. Vice President/Principal 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% m a) i °, al