HomeMy WebLinkAboutC2016-316 - 6/17/2016 - NA •
CITY OF CORPUS CHRISTI
CONTRACT FOR PROFESSIONAL SERVICES
LIGHTING STUDY
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 Bath Engineering
Corporation, a Texas corporation, 5656 S. Staples Street, Suite 110, Corpus Christi,
Nueces County, Texas 78411, (Consultant), hereby agree as follows:
1. SCOPE OF PROJECT
Sea Town Pedestrian Improvements (Project No. E12134) This project includes the
first phase in implementing recommendations from the Building Blocks for Sustainable
Communities'Walkability Audit conducted by the City of Corpus Christi in May 2012. This
Walkability Audit included improvements for Port Avenue, Mesquite Street, Brewster Street
and Chaparral Street to create walkability in the SEA District. This project also addresses
elements of the joint City/MPO/RTA Pedestrian-Transit Master Plan prepared in November
2013, that allows maximizing resources and funding. The MPO/TxDot contribution from
the TAP is $1,200,000 and the 2012 Bond contribution is $500,000. The project
components identified were sidewalks, driveways, curbs, ADA-compliant ramps,
crosswalks and stop bars, planting strips, and bus stop infrastructure. The first phase of
implementation includes Chaparral Street from Brewster Street to Harbor Drive and
Brewster Street from Chaparral Street to Tancahua Street, since this section doesn't not
currently have sidewalks along both sides of the street and is a heavily trafficked area.
This contract will provide a lighting study to determine what additional lighting may be
required along the project route to provide sufficient pedestrian lighting to complement the
pedestrian improvements.
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
_-.-..,..:,,., shown on Exhibit "A". This schedule is not to be inclusive of all
2016-316
6/17/16 Contract for Professional Services
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AJ\STREETS\E12134-SEA TOWN PEDESTRIAN IMPROVEMENTS\BATH ENGINEERING-LIGHTING STUDYWE
Bath Engineering Corporation INDEXED
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 $16,880.00. Monthly invoices will be submitted in
accordance with Exhibit "C".
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 "B".
Contract for Professional Services
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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.
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.
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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
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.
Contract for Professional Services
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AGREEMENT-LIGHTING STUDY.DOC
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 CORP S CH• = BATH NGINEERING CORPORATION
"P;.1,P 4/5//4
leve H. Gray, P.E. Dae William B. Sta , P.E. Date
Executive Director of Public Works Vice President
rpk 5656 S. Staples Street, Suite 110
Corpus Christi, TX 78411
(361) 992-2284 Office
(361) 992-2287 Fax
bstark@bathgroup.com
APPROvFn AR TO LEGAL FORM
6/9/16
Legal Department Date
Project Name Sea Town Pedestrian Improvements
Project Number E12134
Accounting Unit 3549-051
Account 550950
Activity E12134 01 3549 EXP
Account Category 50950
Fund Name: Streets Bond 2012
Contract for Professional Services
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KKENGINEERMG DATAEXCHANGENC ARRMA ISTREETS1E,12134-SEA TOWN PE-OUTRAN IMPROVEAENTSVBATH ENGINEERING•LIGHTING STUDYIAE
AGREEMENT-UGHTING 8TUDY.DOC
1111 PROJECT MAN-HOUR ESTIMATE 11"
Form B-101
ENGINEERING
TFAAS FIRM RFLIISTRATII IN NO F-A29
Project: City of Corpus Christi sea district street lighting study phase 1. Date: 5/24/2016
Client: City of Corpus Christi. Bath Job No. 2995
Sr. Engineer Engineer Designer Clerk Total
Man-hour Rate $155 $145 $110 $45
Total Estimated Hours 49 27 48 2 126
ESTIMATE Estimated Mah-hour Costs $7,595 $3,915 $5,280 $90 $16,880
SUMMARY Estimated Project Expenses $0
Sub Consultants Expenses $0
TOTAL ENGINEERING ESTIMATE $16,880
Project Scope: Provide the necessary engineering services to produce preliminary study of street lighting to be developed into an
A/E project.
1. Define scope of street lighting project and define costs as well as performance requirements to be included in a later design
project.
2.Assist the City in defining costs and performance criteria for use of LED lighting on streets in place of HID sources currently in use.
All work is to be limited to the areas outlined in the proposed improvements exhibit revision 1 document entitled ""S.E.A. district
pedestrian and mobility improvements"
TASK DESCRIPTION Sr. Engineer Engineer Designer Clerk Item Total
PROJECT DEFINITION AND ADMINISTRATION Man-hour Subtotal 19
Engineering Scope and Man-hour Estimate 3 3
Preliminary Site Inspections 4 4
Research existing documentation systems 2 2
Preliminary Project Scope Definition Meeting 3 1 4
Project Administration 4 2 6
ENGINEERING STUDY Man-hour Subtotal 47
Field investigation of existing streets 3 3 6
Design Calculations 4 4 8
Equipment Evaluations 2 2 4
Project Coordination Meetings 6 6
Coordination with AEP 6 6
Cost Estimate 2 1 3
Report 10 2 2 14
DRAWINGS Man-hour Subtotal 60
1 Title Sheet and Location Plan 4 16 20
2 lighting layouts and Photometrics 10 30 40
3 0
4 0
5 0
6 0
0
Texas Firm Registration No.F-829 Exhibit A
Page 1 of 2
PROJECT MAN-HOUR ESTIMATE
Form B-101 ® `I
ENGINEERING
TFXAS FIRM RFGISTRATIC1N NO F.A29
Project: City of Corpus Christi sea district street lighting study phase 1. Date: 5/24/2016
Client: City of Corpus Christi. Bath Job No. 2995
Sr. Engineer Engineer Designer Clerk Total
SPECIFICATIONS Man-hour Subtotal 0
NA 0
0
0
0
CONSTRUCTION MANAGEMENT Man-hour Subtotal 0
NA 0
0
0
0
0
0
0
0
PROJECT EXPENSES Subtotal $0
NA 0
0
0
0
0
Additional Services 0
NA
0
0
0
0
0
0
0
0
SUB CONSULTANTS Subtotal $0
NA $0
Texas Firm Registration No.F-829 Exhibit A
Page 2 of 2
EXHIBIT B
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.
Exhibit B
Page 1 of 2
•
•
•
1.
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.
Exhibit B
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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
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
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