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HomeMy WebLinkAboutC2016-133 - 4/7/2016 - NA CITY OF CORPUS CHRISTI CONTRACT FOR ENGINEERING DESIGN 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 North Shoreline Boulevard, Suite 1600N, Corpus Christi, Nueces County, Texas 78401, (Consultant), hereby agree as follows: 1. SCOPE OF PROJECT Choke Canyon Dam Sluice Gate Stem Repairs (Project No. E16237) -This project will provide the City with professional services and engineering to support the City's repairs at Choke Canyon Dam. 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 $40,096.00. Monthly invoices will be submitted in accordance with Exhibit "B". 2016-133 4/07/16 INDEXED Freese and Nichols Inc. Contract for Professional Services R\WATFR\F162 7 CHnKF CANYON nAM SI IIICF C;ATF STFM RFPAIRS\CONTRACT DOC Pace 1 of 5 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 Consultant agrees to comply with the insurance requirements in Exhibit C. 7. TERMINATION OF CONTRACT The City may terminate this contract for convenience upon seven days written notice to the Consultant at the address of record. The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. In the event of termination, 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. Contract for Professional Services K\FNC;INFFRINC;nATAFXCHANAF\.IFNNIFFR\WATFR\F 16937 CH(KF CANVnN nAM SI I IICF(;ATF STFM RFPAIRS\CONTRACT nor. Paae 2 of 5 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, inspection reports 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. 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 For contracts that exceed $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of"interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; Contract for Professional Services K-\FN(;INFFRIN(;DATAFXCHAN(,FUFNNIFFR\WATFR\FIR937 CHOKF CANYON DAM sl I IICF DATF STFM RFPAIRS\CDNTRACT nor. Pane 3 of 5 b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 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/qovernment/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. CITY OF CORPUS CHRISTI F EES=\ND NICHOLS, INC. /lam 41�1 I(0 3.2`x• lc, Ronald L`Olson Date R n Guzman, P.E. Date City Manager Principal 800 N. Shoreline Blvd., Suite 1600N / Corpus Christi, Texas 78401 7 / (361) 561-6500 Office Mark Van Vleck. P.E. eC (361) 561-6501 Fax Assistant City Manager Contract for Professional Services K-\FNrINFFRINR nATAFXCHANGF\.IFNNIFFR\WATER\F1A237 CHnKF fANVnN nAM SI I IICF C;ATF STFM RFPAIRS\CnNTRACT non Pane 4 of 5 • • • , co(4,, Va H. G . , P.E. Date Exevgr ive Direc or o Public Works APPROVED AS TO LEGAL FORM Aimee Alcorn-Reed 2016.0331 13:06:42-05'00' Legal Department Date Project Name Choke Canyon Dam Sluice Gate Stem Repairs Project Number El 6237 Accounting Unit 4080-062 Account 550950 Activity El 6237014080 EXP Account Category 50950 I` Fund Name Water C!P This is the original contract for$40,096 Contract for Professional Services K'\FNSINFFRINO OATAFXCHANGFUFNNIFFR\WATFR\F187:17 CHOKF CANYON nAM SII IICF nATF STFM RFPAIRS\CONTRACT DOC Pace 5 of 5 FREES E Innovative approaches Practical results i .R1 ICHOLS Outstanding service 800 N.Shoreline Blvd.,Suite 1600N • Corpus Christi,Texas 78401 • 361-561-6500 • fax 361-561-6501 www.freese.com March 4, 2016 Mr. Daniel Deng RECEIVED Senior Project Manager RECEIVED Engineering Services MAR 0 4 2016 City of Corpus Christi ENGINEERING SERVICES P.O. Box 9277 Corpus Christi,TX 78469 RE: Proposal for Engineering Services for Choke Canyon Dam Sluice Gate Stem Repairs (E16237) Mr. Deng: Freese and Nichols, Inc. (FNI) respectfully submits this proposal for professional services and engineering (PS&E)to support the City's repairs at Choke Canyon Dam. It is our understanding that the repairs consists of fabrication and installation of replacement machined parts for Sluice Gate No. 3. FNI will develop a bid package for the City to secure the services of qualified contractors to fabricate and install the required parts. FNI will also provide limited bid phase support and general representation services during construction. FNI will utilize our familiarity with the dam and City provided information to develop the bid package. The City provided information includes the actual damaged parts, condition assessment reports, and existing record drawings. This information will become the basis of the construction documents for this project. One bid package will be provided to secure both part fabrication and re-installation. Scope of Work—Basic Services FNI will provide the following services as part of this project: Data Review Phase: 1. Request, assemble, and review relevant information from the City and City's divers to support the bid package preparation. 2. Develop work plan with City staff to coordinate aspects of this project, including budget, schedule, quality control, and contingency planning. 3. Coordinate and participate in one (1) meeting with key stakeholders to document specific project features for possible inclusion in the project design. Design Phase 4. Develop a 60% design interim submittal that will include plans, specs, and upfront documents. 5. Coordinate and participate in one (1) review session with City staff to discuss the design and City's comments on interim submittal. 6. Address City comments and develop draft "Issued for Bid" package for bidding. 7. Develop an Opinion of Probable Construction Cost for the repairs. 8. Coordinate and participate in one (1) review session with City staff to discuss the updated design and draft Issued for Bid package. 9. Address any final comments by the City and prepare and submit the "Issued for Bid" package. EXHIBIT "A" Page 1 of 3 • Mr. Deng Page 2 February 26, 2016 Bid Phase: 10. Develop list of potential bidders and notify contractors of the project. 11. Participate in a pre-bid meeting with City staff and potential bidders. 12. Address questions or comments from potential bidders and issue addenda as appropriate. 13. Compile the bid tabs, review bids for responsiveness, and provide a bid award recommendation to the City. Construction Phase: 14. Develop agenda for a pre-construction meeting, attend meeting, and provide meeting minutes. 15. Provide general representation and engineering support during construction. 16. Attend up to four(4) monthly construction progress meetings. Provide an agenda prior to and minutes after the meeting.The meetings will take place the same day of the Choke Canyon Dam Spillway Gate Rehabilitation project. Conceptual Design Fee Freese and Nichols, Inc. proposes to perform the scope of services listed above for the following lump-sum fees: Data Assembly, Meetings, and Interim Design $ 18,562 Pre-Final/Final Design $ 14,299 Bid Phase $ 1,854 Construction Phase $ 5,381 Subtotal $40,096 TOTAL $40,096 EXHIBIT "A" Page 2 of 3 • Mr. Deng Page 3 February 26, 2016 Schedule FNI proposes to prepare the 60%design (interim submittal)for review by the City within 8 weeks from the Notice to Proceed. This schedule assumes that the City will provide any required information within 2 weeks of the Notice to Proceed. It is anticipated that the City will require 4 weeks for review of the interim submittal. The City's comments can be addressed and included in the Pre-Final draft 4 weeks from receipt of the review comments. The IFB set can be provided within 2 weeks of acceptance of the Pre-Final set. The total project schedule is approximately 18 weeks. Sincerely, Ron Guzman, P.E. Principal cc:Victor Vasquez, Brian Bresler, Mathew Moses EXHIBIT "A" Page 3 of 3 • EXHIBIT B SAMPLE PAYMENT REQUEST FORM Sample form for COMPLETE PROJECT NAME Payment Request Revised 07f27l00 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% 0&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% Contract for Professional Services Exhibit B EXHIBIT C Insurance Requirements Pre-Design, Design and General Consulting Contracts 1.1 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. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy 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. 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 PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) (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. 1.3 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. 1.4 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. • 1.5 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 1.6 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: 1.6.1 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. 1.7 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. 1.8 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. 1.9 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. 1.10 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. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Aco CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) t`....' 3/22/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Ileu of such endorsement(s). PRODUCER CONTACT NAME: Ames&Gough PHONE 703.827.2277 FAX 7 8300.Greenboro Dr. (A/CNo ► (NC.No): 03-827-2279 Suite 980 E-MAIL ss:admin@amesgough.com McLean VA 22102 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Continental Casualty Company(CNA) 20443 INSURED FREEAND-02 INSURER B:Hartford Fire Insurance Company 19682 Freese and Nichols, Inc. INSURER c:Hartford Casualty Insurance Company 29424 4055 International Plaza, Suite 200 INSURER D:Trumbull Insurance Company 27120 Fort Worth TX 76109 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:254009856 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER (MM/DD/YYYY1 IMMIDD/YYYY) LIMITS B x COMMERCIAL GENERAL LIABILITY 42UUNNI6224 10/23/2015 10/23/2016 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $1,000,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X JECTPRO- X LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ C AUTOMOBILE LIABILITY 42UENN16305 10/23/2015 10/23/2016 COMBINED SINGLE LIMIT $ (Ea accident) 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALLOS�ED SCHEDULED BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) $ C X UMBRELLA LIAB X OCCUR 42RHUN15748 10/23/2015 10/23/2016 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION$10,000 $ D WORKERS COMPENSATION 42WBCU2821 10/23/2015 10/23/2016 X STATUTE ETH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Professional Liability AEH 008214422 10/23/2015 10/23/2016 5,000,000/per claim 10,000,000 aggr DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached K more space is required) RE: Choke Canyon Dam Sluice Gate Stem Repairs(E16237)City of Corpus Christi is included as additional insured with respects to General Liability when required by written contract. General Liability policy includes a waiver of subrogation in favor of the additional insureds where permissible by state law and when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Corpus Christi ACCORDANCE WITH THE POLICY PROVISIONS. Contracts Funds Administrator P. O. Box 9277 AUTHORIZED REPRES TATIVE Corpus Christi TX 78469-9277 l ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD