HomeMy WebLinkAboutC2016-289 - 5/31/2016 - NA r
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 Naismith Enoineerinat
Inc., a Texas corporation, 4501 Gollihar Road, Corpus Christi, Nueces County, Texas
78411, (Consultant), hereby agree as follows:
1. SCOPE OF PROJECT
6281 Park Road 22 Bridge BOND 2004—This project is a survey prescribed by TxDOT to
determine if migratory birds are nesting along Park Road 22 ROW between Whitecap
Boulevard. and Commodores Drive.
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 $3.850.00. Monthly invoices will be submitted in
accordance with Exhibit"B".
2016-289
5/31/16
Contract for Professional Services
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Naismith Engineering Inc. REEr1828,PARK ROAD 22EIROAKINARMUM1s-0i11AEAG ITAOC INDEXED
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
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KIENGlNEEtlNG DATAEXCHN4GMANGIRAPSTREE715281 PARK ROAD 22 X184311 AE AGREEMENT DOC
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;
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
Contract for Professional Services
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KAINGIREERNO DATAEXCHANGRANGIBASTREETV3211 PARK ROAD 22 BRIDOSNARSIMTHOD0311 AE AGREEMEMT.DOC
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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K\ENGINEERING DATAEXCNANGEWNGIEMISTREET'6281 PARK ROAD 22 BRIDGE\NAISMITN\16-0311 AE AGREEMENT DOC
•
C r •F 6• - lot ISTI NAI. MITH • NG EERI , INC.
I 1". � �S1 / 1151 •/2016
V: = - H. Gra P.:.%% ate nt Ja son, .E. Date
utive Director • 'u• is Works Vice President
4501 Gollihar Road
Corpus Christi, Texas 78411
(361) 814-9900 Office
gjackson@naismith-engineering.com
APPROVED AS TO LEGAL FORM
Aimee Alcorn-Reed
2016.05.24 09:1336-05'00'
Legal Department Date
Project No.6281
Accounting Unit 3544-051
Account:550950
Activity: I70062013544 EX P
Account Category: 50950
Fund Name:Street CIP ST2007 A GO
Encumbrance No.
Contract for Professional Services
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K1ENGINEERING DATAEXCW WGEW G*EM1STREE116281 PARK ROAD 22 BRIDGEWI+ISMmAN60311 AE AGREEMENT.DOC
NEI NaismithEngineering,Inc
ARCHITECTURE•ENGINEERING• ENVIRONMENTALttiSURVEYING
ESTABLISHED 1949
OVER 60 YEARS OF ENGINEERING EXCELLENCE
April 26,2016 TRANSMITTED BY EMAiL: ChrisH3@ectexas.com
Mr.Chris Hale,P.E.
Project Manager,Engineering Services
City of Corpus Christi
RE:Cost proposal for a nesting bird survey at the proposed Park Road 22 Bridge project site
Dear Mr.Hale:
Naismith Engineering, Inc.(NEI)is pleased to provide this cost estimate for a nesting bird survey within the
proposed Park Road 22 Bridge project site on Padre Island in Corpus Christi,Texas. It is my understanding
that a nesting bird survey is needed within the ROW of Park Road 22 between Whitecap Boulevard and
Commodores Drive and that the survey should include the area of the project's defined logical termini which
measures 5,647 ft. x 200 ft. The proposed nesting bird survey will involve walking the grassy ROW which
borders coastal prairies, wetlands, and other habitats to search for signs of nesting birds. A brief report
containing results of the survey will be prepared. if nesting activity is found during the survey,the report will
include photographs,OPS coordinates,and(if possible)identification of nesting bird species.
NEi has scientific staff very experienced in conducting nesting bird surveys and in providing assistance with
Migratory Bird Treaty Act compliance. We appreciate the opportunity to assist you on this assignment and
propose to perform a one-time nesting bird survey and report for an estimated not-to-exceed fee of$3,850.
NEi shall not bill in excess of this amount without prior written authorization from you based on the need to
modify the scope of services. Billing for this work will be invoiced on a time and materials basis in
accordance with our current rates. NEI recommends completion of the nesting bird survey one week prior to
mobilizing equipment. We will expedite the nesting bird survey immediately upon receipt of your Notice-to-
Proceed. If you have any questions or need any additional information, please do not hesitate to contact me
or Jay Gardner at 361-814-9900.
Sincerely. AGREED 1'O AND ACCEPTED BY:
NAISM1TH ENGINEERING,INC.
Name:
,4. 4A, Title:
Terald E.Smith,P.G. Date:
Vice President
TBAE Firm 13553 ■ TBPE Firm 355 o TBPG Firm 50017 • TBPLS Firm 100395-00
4501 Gollihar Road.Corpus Christi,TX 78411 • 800-677-2831 361-814-9900 Fax 361-814-4401 ■ naismith-engineering.com
EXHIBIT"A"
Page 1 of 1
Basic Services:
Preliminary Phase
Design Phase
Bid Phase
Construction Phase
Subtotal Basic Services
Additional Services:
Permitting
Warranty Phase
Inspection
Platting Survey
0 & M Manuals
SCADA
Subtotal Additional Services
Summary of Fees
Basic Services Fees
Additional Services Fees
Total of Fees
COMPLETE PROJECT NAME
Project No. XXXX
Invoice No. 12345
Invoice Date:
Sample form for.
Payment Request
Revised 07127!00
Total Amount Previous Total Percent
Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice 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%
•
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 skirled
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.
EXHIBIT"C"
Page 1 of 2
•
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 Consultants 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 Consultants 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 Consultants 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.
EXHIBIT"C"
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