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HomeMy WebLinkAboutC2016-142 - 4/21/2016 - NA t t r • t r A, CITY OF CORPUS CHRISTI CONTRACT FOR ENGINEERING DESIGN 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 Naismith Engineering, 4501 Gollihar Road, Corpus Christi, Nueces County, Texas 78411 (NE), hereby agree as follows: 1. SCOPE OF PROJECT Paul Jones Sports Facility Minor Site Improvements (Project No. E16254) — This project includes drainage improvements to the 6 year old Paul Jones Sports Facility Complex. This agreement provides for study and design services, including survey services. The study portion is to inform the drainage calculations for the Ennis Joslin extension drainage outfall, which will also convey storm water from the City's Paul Jones Sports Facility. Drainage construction is estimated at approximately $49,000. 2. SCOPE OF SERVICES The NE hereby agrees to perform services to complete the Project, as detailed in Exhibit "A". In addition, NE 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 NE (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3. ORDER OF SERVICES The NE 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 NE 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 NE 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. NE shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 2016-142 4/21/16 Contract for Professional Services Naismith En neerina Page 1 of 5 b PARKS\E16254-PAUL JONES SPORTS FACILITY MINOR SITE IMPROVEMENTS\1 AE AGREEMENT-PRELIM AND1 N DEXEC The City will pay the NE a fee as described in Exhibit "A" for providing services authorized, a total fee not to exceed $29,800.00 Monthly invoices will be submitted in accordance with Exhibit "B". 5. INDEMNITY NE shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the NE or architect or that person's agent, employee or sub-NE, 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 NE or its agent,A/E under contract or another entity over which NE 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. NE 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 NE shall reimburse the City's reasonable attorney's fees in proportion to the NE's liability. NE must advise City in writing within 24 hours of any claim or demand against City or A/E known to NE related to or arising out of NE's activities under this Agreement. 6. INSURANCE NE 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 NE at the address of record. The City may terminate this agreement for cause upon ten days written notice to the NE. If NE 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 NE will be compensated for its services on all stages authorized based upon NE and City's estimate of the proportion of the total services actually completed at the time of termination. Contract for Professional Services Page 2 of 5 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\PARKS\E16254-PAUL JONES SPORTS FACILITY MINOR SITE IMPROVEMENTS\1 AE AGREEMENT-PRELIM AND DESIGN.DOC 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 NE 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 NE staff. If the NE 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 NE fee may be assigned in advance of receipt by the NE without written consent of the City. The City will not pay the fees of expert or technical assistance and NE's 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 NE without the express written consent of the Director of Engineering Services. However, the NE 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 NE prior to re-use of modified plans. 11.STANDARD OF CARE Services provided by NE 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 A/E 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, A/E 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: Contract for Professional Services Page 3 of 5 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\PARKS\E16254-PAUL JONES SPORTS FACILITY MINOR SITE IMPROVEMENTS\1 AE AGREEMENT-PRELIM AND DESIGN.DOC 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 NE 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 NE 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 NE. 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 NE hereby agrees and acknowledges if anything contained in the NE-prepared Exhibit A, NE's Scope of Services, or contained in any other document prepared by NE and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI NAIS ITH ENGINE RING Mark Vleck, P.E. at Grant A. Jack o , P.E. Date/ Assistant City Manager Vice President 4501 Gollihar Road Corpus Christi, Texas 78411 (361) 814-9900 Office (361) 814-4401 Fax Contract for Professional Services Page 4 of 5 K\ENGINEERING DATAEXCHANGE\CLARISSAJ\PARKS\E16254-PAUL JONES SPORTS FACILITY MINOR SITE IMPROVEMENTS\1 AE AGREEMENT-PRELIM AND DESIGN.DOC ,., „, Va - H. Gra P.E sate ��/� Exe tive Direc . • Public Works APPROVED AS TO LEGAL FORM Aimee Alcorn-Reed 2016.04.0716:43:27-05'00' Legal Department Date Fund Name Accounting Unit Account Activity Amount No. No. Community Development 4720-141-21322 550030 29,800.00 Total Contract for Professional Services Page 5 of 5 KtENGINEERING DATAEXCHANGE\CLARISSAJ\PARKS\E16254-PAUL JONES SPORTS FACILITY MINOR SITE IMPROVEMENTS\1 AE AGREEMENT-PRELIM AND DESIGN DOC • EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS PAUL JONES SPORTS COMPLEX DRAINAGE IMPROVEMENTS SCOPE OF SERVICES A. DRAINAGE STUDY Prepare a small drainage analysis that establishes various options for draining the Paul Jones Sports Complex through underground conduits or open ditch towards the proposed Ennis Joslin Extension being completed by the City's Consultant. This information shall be used by City's Consultant for establishing drainage easements and upsizing Ennis Joslin drainage components based on a 25-YR and 100-YR Storm Event. It will also be useful to the Parks Department for future budgeting. The Engineer shall confirm, evaluate, and field verify existing site conditions; meet as needed with City Staff to define the project concept, project scope, and feasibility of construction budget; and submit final signed/sealed report for City's review and approval. This study shall include estimated flows and construction costs for each of the various options: 1. Connect existing detention pond to proposed drainage easement that would be located along the parks southern property line. Recommendations regarding the pond permanent water surface elevation and discharge elevation would be provided; in addition to potential outfall structures. 2. Alternate routes would also be explored in re-routing stormwater flows throughout the park site towards the proposed drainage easement through multiple discharge points; in lieu of channeling all flows towards the detention pond. 3. Explore the possibility of taking any stormwater flow towards Paul Jones betweenlDecatur Drive and Sims Drive. B. PLAN PREPARATION FOR IMMEDIATE DRAINAGE IMPROWEMENTS Prepare construction plans to address the areas raised by the facility stakeholders based on the current budget commitment ($75,000.00). Develop and submit for review a final unsealed/unsigned set of plans (no specifications or bid documents), with layout of the plans in the City of Corpus Christi's preferred format. Furnish one (1) set of plans to the City for review and comment; along with an opinion of probable construction costs. Assimilate all review comments, modifications, additions/deletions, and prepare final signed/sealed drawings suitable for reproduction. These plans shall be developed as authorized by the City based on the following areas of improvements: EXHIBIT"A" Page 1 of 4 Revised December 10,2013 Z2 9662-Paul Jones Sports Complex Drainage\Contract\Exhibit A for Engineering Services.docx 1. Storage building at Oso Little Miss Kickball Complex. Evaluate ability to raise the finished floor elevation by using a platform grating system to elevate equipment (it is not recommended to fill interior space with concrete, thus creating a false bottom since this would overburden the soils). Potential drainage improvements that could be done by re-grading around building to aid in keeping water out would also be explored. 2. Pavement unraveling at southeast corner of National Little League Field Complex. Evaluate options to eliminate erosion at sloped end treatment through the installation of gabions, and installation of structural component to correct undermined portion of asphalt parking lot. 3. Area between Oso Little Miss Kickball and National Little League Complex. Evaluate swale capacity and grades, potential diversion towards Paul Jones, and re-grading of existing triangular swale into a trapezoidal swale to add capacity/storage. C. BIDDING/CONSTRUCTION PHASE FOR IMMEDIATE DRAINAGE IMPROVEMENTS Assist City with bidding and construction administration of projects selected due to availability of funds to be constructed. 1. Bidding Phase this includes one bidding sequence consisting of the following: • Preparation of COCC Standard Contract Documents to be used in the bidding process (final submittals) • Attending a pre-bid meeting, issuing an addendum or answering questions • Attending the bid opening, preparation of the tabulation of bids, and making the award recommendation. 2. Constructipn Phase includes the following: • Attending one preconstruction meeting • Reviewing appropriate submittals for the various projects identified • Providing interpretations and clarifications for the Contractor • Making an estimated four site visits • Attending the final inspection for each project identified EXHIBIT"A" Page 2 of 4 Revised December 10,2013 ZZ\9662-Pad Jones Sports Complex Drainage\ContractExhibit A for Engineering Services.docx D. LONG TERM DRAINAGE IMPROVEMENTS Prepare contract bidding documents and construction plans based on the drainage analysis completed for Paul Jones Sports Complex. This would be specific to the outfall of the existing detention pond to the proposed drainage easement (to be located along the parks southern property line). Included should be the following: 1. Furnish one set of interim plans (30% development) to City staff for review and approval process with estimates of probable construction costs for two outfall options (open ditch and closed conduit). 2. Attend 30% development meeting with City staff to receive comments and direction for final design of outfall structure. 3. Provide one set of final plans and contract documents (100% development) for City's final review (unsealed and unstamped). 4. Assimilate all final review comments and upon approval by the Director of Engineering Services, provide one set of the final plans documents (signed and sealed) and contract documents suitable for reproduction. 5. Assist the City during the Bidding Phase: • Attend Pre-Bid Meeting • Issue Addendum or answer questions • Attend the Bid Opening • Prepare the Tabulation of Bids • Making Award Recommendation 6. Assist the City durin0 the Construction Administration Phase: • Attend Preconstruction Meeting • Review Submittals • Provide interpretations and clarifications for the Contractor • Make an estimated four site visits • Attend the Final Inspection EXHIBIT"A" Page 3 of 4 Revised December 10,2013 Z:Z:19662-Paul Jones Sports Complex Drainage\Contract\Exhibit A for Engineering Services.docx II. SCHEDULE Activity Date A. Drainage Study 1 Week from Notice to Proceed (NTP1) B. Construction Plans for Immediate Drainage Improvements 1 Week from Approval of Drainage Study C. Bidding/Construction Administration for 1 Week from Approval of Final Submittal Immediate Drainage Improvements until Final Acceptance by City D. Long Term Drainage Improvements • Design Phase—30% Submittal 1.5 Week from Notice to Proceed (NTP2) • Design Phase—Signed/Sealed Bid Docs 1 Week from 30% Comment Meeting • Bid Phase 1 Week from Approval of Final Submittal • Construction Phase Until Final Acceptance by City Ill. FEES A. Fee for Enginering Services. The City will pay the Engineer (NE) a fixed fee for providing for all "Services" authorized as per the table below. The fees for Services will not exceed those identified and will be full and total compensation for all services outlined in Section A through D (above), and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, NE will submit monthly statements for services rendered. The statement will be based upon NE's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to NE's monthly statements. Summary of Fees Engineering Fees A. Drainage Study $5,630.00 B. Construction Plans for Immediate $3,370.00 Drainage Improvements. C. Bidding/Construction Administration for $4,575.00 Immediate Drainage Improvements D. Long Term Drainage Improvements $16,225.00 Subtotal Engineering Fees $29,800.00 Total Authorized Fee $29,800.00 EXHIBIT"A" Page 4 of 4 Revised December 10,2013 ZZ19662-Paul Jones Sports Complex Drainage\Contract Exhibit A for Engineering Services.docx Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees "V m A) x co n- m is o PROJECT NAME Project No. EXXXXX Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 $0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0% 0 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% $0 $0 $0 $0 $0 $0 $0 0% 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.