HomeMy WebLinkAboutC2016-146 - 4/6/2016 - NA •
CITY OF CORPUS CHRISTI
AMENDMENT NO. 3
ENGINEERING DESIGN CONTRACT
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
Bicycle Facility Standard Design Details and Traffic Signalization Standard
Specifications (Project No. E12095) (Parent Project: South Staples from Brawner
Parkway to Kostoryz Road (Bond 2012)1- This project will include the development of
standard design details for bicycle facilities to supplement the recommendations of the
Corpus Christi MPO's Bicycle Mobility Plan of Strategic Plan for Active Mobility Study. The
project will also include developing standard specifications and product cut-sheets for
traffic signalization.
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.
2016-146
04/06/16
Contract for Professional Services
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Inc. \STREET\E12095 SOUTH STAPLES FROM BRAWNER TO KOSTORYZ BOND ISSUE 2012\CONSULTANT CONTRACT INDEXED
Freese and Nichols, NDMENT: NO.3 FREESE NICHOLS DOC C
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 $37,454.00, for a total restated fee of$857,175.00.
Monthly invoices will be submitted in accordance with Exhibit "B".
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.
Contract for Professional Services
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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, 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
Contract for Professional Services
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FREESE NICHOLS\AMENDMENT NO.3\AMENDMENT NO.3 FREESE NICHOLS DOC
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;
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/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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FREESE NICHOLS\AMENDMENT NO.3\AMENDMENT NO.3 FREESE NICHOLS DOC
CITY OF CORPUS
/CHRISTI F ESE D NICHOLS, INC.
125 /CS•�
4..
Mark Van Vleck, P.E. at R n G zma , P.E. Dafe
Assistant City Manager Vice President/Principal
800 N. Shoreline Blvd., Suite 1600N
Corpus Christi, Texas 78401
APPROVED AS TO LEGAL FORM (361) 561-6500 Office
Aimee Alcorn-Reed (361) 561-6501 Fax
t 1 2016.04.0616:08:54-05'00' rg@freese.com
Legal Department Date
ATTEST RE 0 /1.. l.�
_Do1)...A ..1.1di
R becca Huerta, City Secretary V. 1.•rie H. k.r. P. E. ', if Ica late
Executive Dire tor of "u•lic Works
Amendment No. 3: Bicycle Facility Standard Design Details and Traffic Signalization
Standard Specifications (Project No. E12095) [Parent Project: South Staples from Brawner
Parkway to Kostoryz Road (Bond 2012)]
Amount: $37,454
Total Restated Fee: $857,175
Accounting Unit: 3549-051
Account: 550950
Activity: E12095 01 3549 EXP
Account Category: 50950
Fund Name: Street 2013 GO Bond 2012
Contract for Professional Services
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FREESE NICHOLS\AMENDMENT NO.3\AMENDMENT NO.3 FREESE NICHOLS DOC
FR E E S E Innovative approaches
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800 N.Shoreline Blvd.,Suite 1600N • Corpus Christi,Texas 78401 • 361-561-6500 • fax 361-561-6501 • www.freese.com
February 16, 2016
Mr.Jeff Edmonds, P.E.
Director of Engineering Services
City of Corpus Christi
P. 0. Box 9277
Corpus Christi,TX 78469-9277
Attn: Chris Hale, P.E.
Re: Bicycle Facility Standard Design Details and Traffic Signalization Standard Specifications
Freese and Nichols Professional Services Proposal
Dear Mr. Edmonds,
Freese and Nichols, Inc. (FNI) is pleased to provide our Bicycle Facility Standard Design Details and Traffic
Signalization Standard Specifications professional services proposal. This project will include the
development of standard design details for bicycle facilities to supplement the recommendations of the
Corpus Christi MPO's Bicycle Mobility Plan of Strategic Plan for Active Mobility Study. The project will also
include developing standard specifications and product cut-sheets for traffic signalization. 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
design development activities on this project. The project scope will include the following activities:
Basic Services:
A. Bicycle Facility Standard Design Details
1. Perform preliminary review of the project data provided by the City.
2. Meet two (2)times with the MPO to develop the required information needed for the project and
review interim materials, as needed.
3. Meet two (2)times with City staff to define the project requirements and review interim materials,
as needed.
4. Review previously developed details provided by City(Urban Transportation Plan of Mobility CC)
and the Draft MPO Bicycle Mobility Plan Study.
5. Review applicable design guidelines from the NACTO Urban Bikeway Design Guide, FHWA Separated
Bike Lane Planning and Design Guide, and the AASHTO Guide for the Development of Bicycle
Facilities.
6. Develop the following standard bicycle facility design details using NACTO guidelines:
a. Intersection transition for cycle track at curb ramp
b. Driveway apron transition for cycle track
c. Standard coloring and buffer treatment for cycle track adjacent to sidewalk
d. Pedestrian crossing of cycle track
e. Bicycle lane and cycle track treatment at bus pullouts
f. Standardized cross sections for bicycle facilities within the street ROW
g. Standard bicycle signage details for bicycle facilities within the street ROW AMEND. NO. 3
EXHIBIT "A"
Page 1 of 2
rTIVIM,
h. Standard bicycle striping details for bicycle facilities within the street ROW
7. Prepare and submit draft design details for City review. The City will solicit final comments from the
following stakeholders: Development Services, Traffic Engineering, CCRTA, and MPO. The 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 standard details (electronic and hard copy).
B. Traffic Signalization Standard Specifications
1. Perform preliminary review of the existing signal specifications provided by the City. FNI will
perform general updates and edits to the City's existing signalization specifications to be issued as
City standards. Major reformatting of the existing specifications is not included.
2. Meet two (2)times with City staff to define the project requirements and review interim materials,
as needed.
3. Update references and related sections within the specifications to the City's new front end contract
documents and applicable latest TxDOT standards
4. Develop and modify the following specifications and information
a. Remove specification and references for Programmable Signal Heads
b. Develop new specification for Vehicle Signal Heads
c. Create an index and database of signalization standard product cut-sheets
d. Create detail for Flashing Yellow Arrow signage
e. Update specifications to include latest ADA/TDLR standards
The City staff will:
1. Provide the City's standard specifications, standard detail sheets in electronic format
2. Designate an individual(s)to have responsibility, authority, and control for coordinating activities for
the signal specifications and/or cycle track details.
Freese and Nichols, Inc. proposes to perform the scope of services listed above for the lump-sum fee of
$37,454 as shown in the table below:
Basic Services Fees
A. Bicycle Facility Standard Design Details $28,562.00
B. Traffic Signalization Standard Specifications $8,892.00
Total Authorized Fee $37,454.00
FNI will provide the standard details and signalization specifications for City review within 8 weeks from
the Notice to Proceed.
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 'chols, Inc.
Ron Guzm n, P.E.
Vice President/Principal
AMEND. NO. 3
EXHIBIT "A"
Page 2 of 2
Basic Services:
Preliminary Phase
Design Phase
Bid Phase
Construction Phase
Subtotal Basic Services
Additional Services:
Permitting
Warranty Phase
Inspection
Platting Survey
O & M Manuals
SCADA
Subtotal Additional Services
Summary of Fees
Basic Services Fees
Additional Services Fees
Total of Fees
m
x
00
03
Contract
COMPLETE PROJECT NAME
Project No. XXXX
Invoice No. 12345
Invoice Date:
Total
Amd No. 1 Amd No. 2 Contract
Amount
Invoiced
Previous
Invoice
Total
Invoice
Percent
Complete
$1,000
$0
$0
$1,000
$0
$1,000
$1,000
100%
2,000
1,000
0
3,000
1,000
500
1,500
50%
500
0
250
750
0
0
0
0%
2,500
0
1,000
3,500
0
0
0
0%
$6,000
$1,000
$1,250
$8,250
$750
$1,500
$2,500
30%
$2,000
$0
$0
$2,000
$500
$0
$500
25%
0
1,120
0
1,120
0
0
0
0%
0
0
1,627
1,627
0
0
0
0%
TBD
TBD
TBD
TBD
TBD
TBD
TBD
0%
TBD
TBD
TBD
TBD
TBD
TBD
TBD
0%
TBD
TBD
TBD
TBD
TBD
TBD
TBD
0%
$2,000
$1,120
$1,627
$4,747
$500
$0
$500
11%
$6,000
$1,000
$1,250
$8,250
$750
$1,500
$2,500
30%
2,000
1,120
1,627
4,747
500
0
500
11%
$8,000
$2,120
$2,877
$12,997
$1,250
$1,500
$3,000
23%
Sample form for:
Payment Request
Revised 07/27/00
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.