Loading...
HomeMy WebLinkAboutC2013-393 - 10/15/2013 - NA AMENDMENT No. 5 - NE AGREEMENT for Consultant Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home-rule municipal corporation, "CITY", acting through its duly authorized City Manager or designee ("City Engineer"), and Stridde, Callins & Associates, Inc., a Texas corporation or partnership, "CONSULTANT", acting through its duly authorized representative who is Scott Stridde, P.E., President, which agree as follows: Original Contract Administrative Approval November 10, 2011 $20,000.00 Amendment No. 1 Administrative Approval March 16, 2012 $30,000.00 Amendment No. 2 Administrative Approval April 19, 2012 $0.00 Amendment No. 3 Motion No. M2012-103 June 12, 2012 $125,000.00 Amendment No. 4 Administrative Approval March 4, 2013 $0.00 1. DECLARATIONS. "CITY" desires to engage "CONSULTANT" to provide services in connection with City's project, described as follow: Energy Services Peer Design/Submittal Review (ESCO Design/Build) (Project E11102) "PROJECT". 2. SCOPE OF WORK. "CONSULTANT" shall provide services for the PROJECT in accordance with the accompanying Letter, Scope of Services and Fee attached as "Exhibit A". 3. INDEMNIFICATION AND HOLD HARMLESS. The Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees as more fully set forth in Exhibit "B". 4. FEE. The "CITY" agrees to pay the "CONSULTANT" for services provided in accordance with Exhibit "A", Scope of Services and Fee under this AGREEMENT, an additional total fee not to exceed $44,000.00 (Forty Four Thousand Dollars and Zero Cents) for a restated not to exceed fee of $219,000.00 (Two Hundred Nineteen Thousand Dollars and Zero Cents). Monthly invoices will be submitted in accordance with "Exhibit C". CITY OF CO 7 US CHRISTI STRI DE, CAL INS & SOCIATES 9 M rk Van Vleck, P.E. (D e) Scott Stridde, P.E. (Date) Interim Assistant City Manager President for Public Works & Utilities 342 S. Navigation Blvd. Corpus Christi, Texas 78405-3615 (361) 883-9199 Office RECOMMENDED (361) 883-9177 Fax -__O ---Q____ /04 3 Daniel Biles, P. E., (Date) Director of Engineering Services Op tin partement _ 7. 1'. f0°2&/) (Date) 2013-393 10/15/13 Stridde, Callins & Associates Inc. INDEXED E11102 ENERGY SERVICES PEER REVIEMSTRIDDE CALLINSVIMENDMENT NO.5\AMENDMENT NO 5.docx APPRO D AS TO FORM to Leal artment Date 9 p ( ) APPR V. D . ;#1 i '41 1411 4 2, O if Nof Mgmt and Budget (Date) ATTEST .1 6 C-- Armando Chapa City Secretary RECEIVED Project No: E11102- ' OCT 0 4 REC'G Fund No: 550950-34 -00000-E11102 Fund Source Name: Energy Efficiency CIP 2012 PPFCO BY:___ Encumbrance Number: E11102AST2 K\Engineeting DataExchange\VELMAP\CITY HALL\E11102 ENERGY SERVICES PEER REVIEW\STRIDDE CALLINS AMENDMENT NO.5\AMENDMENT NO.5.docx d SiivStridde, Callins & Associates, Inc. 342 S.Navigation Blvd. Corpus Christi,TX 78405-3615 Phone:(361)883-9199• Fax:(361)883-9177 Consulting Engineers Mechanical — Electrical September 10, 2013 Mr. Dan Biles, P.E. City Of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 RE: Partial Review and Report—Energy Services Proposal (ESP) Phase II Dear Mr. Biles: The following is in response to your request for proposal to provide partial Mechanical (HVAC and Plumbing) and Electrical Engineering review and report of energy reduction calculations portion of facility improvement measures included in the energy services proposal dated August 28, 2013. A. Proposed Scope: Engineering services proposed herein includes partial review of the energy consumption reduction portion of energy services proposal submitted by McKinstry and submittal of report indicating our professional opinion as to the validity / accuracy of the various energy consumption reduction measures proposed by McKinstry. Our understanding of the current deadline date set by the City of Corpus Christi for submittal of this report is October 29, 2013. Considering the condensed time allocated for services proposed herein, and taking into account the quantity of facilities and energy reduction measures included in the McKinstry proposal, the level / quantity of detail associated with evaluation of proposed energy saving measures will necessarily be commensurate with the quantity of time which has been allocated for services proposed herein. Refer to Part °C° of this proposal for conditions and exclusions. B. Proposed Services: 1. Provide evaluation of a portion of proposed energy consumption reduction measures included in energy services proposal submitted by McKinstry in effort to determine whether, in our professional opinion,the quantity of energy consumption reduction is approximately viable/achievable.We will focus our attention and evaluation on facility improvement measures which are perceived to be of primary importance. 2. Submit report for each evaluated facility improvement measure stating our ' professional opinion as to whether the quantity of energy consumption reduction proposed by McKinstry is approximately viable!achievable. 3. Attend meetings subsequent to submittal of report to explain report content and associated logistics. C. Conditions/Exclusions: 1. Refer to statements with regard to the limited time allocated for services proposed herein included in Part 'A' of this proposal. Sufficient time is not T:1ProposaL4lCity of Corpus Cluisd'MAcKinshy_Partial Revie w Report,_Phase 11_091013.doc AMEND. NO.5 EXHIBIT"A" Page 1 of 3 Mr. Dan Biles, P.E. City Of Corpus Christi September 10, 2013 Page 2 of 3 available for a comprehensive review of the McKinstry proposal. For this reason, services proposed herein include partial review and cursory evaluation of the proposed energy consumption reduction calculations included in the facility improvements section of the ESP only. Review of the balance of the energy services proposal is specifically excluded. Services proposed herein are limited to 340 hours of time rendered by registered professional engineers, technicians, and design personnel employed by SCA and the clerical time required to compile the review report. 2. In the event that sufficient information is not included within the energy calculations prepared by McKinstry for evaluation by SCA, such information will be provided by McKinstry and / or the City of Corpus Christi promptly upon request by SCA. SCA hereby requires unconditional authority to determine sufficiency of such base data. 3. The data used as the basis for energy calculations by McKinstry shall also be used by SCA for evaluation purposes unless SCA has reason to believe that such data is Inaccurate or logistically flawed. SCA will not accept responsibility for the accuracy of base data presented by McKinstry as the basis for evaluation. 4. SCA will assert reasonable effort in the review, evaluation, and reporting services proposed herein and will endeavor to protect the related interests of the City of Corpus Christi; however, services proposed herein include partial review, evaluation, and reporting only. Furthermore, SCA has no current control, authority, or participation in the procurement nor execution of services proposed by McKinstry. For these reasons, services proposed herein by SCA shall not be construed as acceptance of liability of any portion of services proposed by McKinstry. D. Compensation: We will provide the above engineering services on an hourly basis for a not to exceed fee amount of Forty Four Thousand Dollars ($44,000.00) in accordance with the following schedule of hourly rates: Engineer, P.E. $170.00/hour Engineer, E.I.T. $ 90.00/hour Designer $ 80.00/hour CAD Technician $ 65.00/hour Administrative Assistant $ 50.00/hour E. Additional Services: If services are required in addition to services included in Parts "A" and `B", such services will be invoiced in accordance with the above schedule of hourly•rates without regard to the status of the not to exceed fee amount. We appreciate the opportunity to continue to provide our service to the City of Corpus Christi. Please advise if additional information or clarification is required. Please indicate your acceptance of this proposal by signing in the space provided and returning one signed copy. T:1Proposals1CRy of Corpus Christi\McKinstsy_Partial Review Report_Phase 11_091013.doc AMEND. NO.5 EXHIBIT"A" Page 2 of 3 Mr. Dan Biles, P.E. City Of Corpus Christi September 10, 2013 Page 3 of 3 STRIDDE, CALLINS&ASSOCIATES, INC. Accepted by CITY OF CORPUS CHRISTI By: Scott Stridde, P.E. Name: SS/aj Date: T:1ProposalslCity of Corpus CMsti clInsfry_Pafial Review Report Phase II 091013.doc AMEND. NO.5 EXHIBIT"A" Page 3 of 3 EXHIBIT "B" INSURANCE REQUIREMENTS A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance with applicable policy endorsements, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies (except Workers Compensation/EL and Professional Liability), and a blanket waiver of subrogation is required on all applicable policies (except Professional Liability). TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Written Notice of Cancellation, or Bodily Injury& Property Damage reduction in coverage or limits required Per occurrence - aggregate on all certificates or by policy endorsements COMMERCIAL GENERAL LIABILITY $1,000,000 COMBINED SINGLE LIMIT including: Per Occurrence and in the aggregate 1. Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury/Advertising Injury AUTOMOBILE LIABILITY to include: $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2. Hired — Non-owned vehicles UMBRELLA— EXCESS LIABIITY $1,000,000 COMBINED SINGLE LIMIT Must follow form PROFESSIONAL LIABILITY including: $2,000,000 per claim /$2,000,000 Coverage provided shall cover all aggregate employees, officers, directors and agents (Defense costs not included in face value 1. Errors and Omissions of the policy) 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 an Insured Applicable to paid employees while on City property WORKERS' COMPENSATION Which Complies with the Texas Workers Compensation Act EMPLOYERS' LIABILITY $500,000/$500,000/$500,000 EXHIBIT "B" Page 1 of 3 C. In the event of accidents of any kind related to this agreement, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, 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 (except for Professional Liability), 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. F. City shall be entitled, upon request and without expense, to receive Certificates of Insurance and all endorsements thereto as they apply to the limits required by the City. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 Fax: (361) 826-4555 G. 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: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City on CGL and Auto policies of any suspension, cancellation, non-renewal or reduction in coverage or limits in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. Consultant shall provide this notice to City on Workers Compensation and Professional Liability policies. H. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Successful 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 agreement. EXHIBIT "B" Page 2 of 3 I. 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 stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. 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. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT "B" Page 3 of 3 Sample form for: Payment Request COMPLETE PROJECT NAME Revised 07/27/00 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% O & 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 $3,000 23% x t 2 I m W 0 q o • rt; DISCLUNt) OF itrigr REST F,jAgsggr.:- QV*Of:1241741' trittilte47. 80 fitraao omkiisto,to Ato root: COMPANY NAME; *Wilkie.CAP Associsies,lr . F,0,OM T*T AWNS** 142 0,Novigution d Cflf Corpts 000 Zvi'$ 1414 'iii!w r=lit 4. haws* .- 51sr Ej Olkor CLO*VUi if additional sowp please use the revetree eLde gage or moacit se r. s Wit. I, t is of yep' of tide C of Corpus- keying a . soak%or more of the ownership is Ow we "r ' ht/A a Job T and Ornament(if�ni 2, State the Harries of each -official" of the City of Corpus tai haau i as -o interim"' constituting 3%or more of the ownership in the Ewe 'Thn'' htme -rote ht1A 3. % e the nay of each"board men lwr of the City of Carpus Christi having a* constituting 3%or snore of the in the*OW=Med ilf Name Boil..Conmitsion or a ' „ N/A 4. State the names of each em or oa"mer of a -consultant- for the City of Corpus � who worked on matter to the subject of this contra and has ma -ownership it cst constituting 3%or more of the omit in above named-firm:- Name C N/A FILING REQUIREMENTS II a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in eeneral or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official. employee or body that has been requested to act in the matter. unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)j CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I ha'c not knowingly withheld disclosure of any information requested: and that supplemental statements w ill be promptly submitted to the City of Corpus Christi. Texas as changes occur. Certifying Person: Scott Siridde, N.F. Title: President pt.urrriaq Signature of Certifying Date: Z��-/�,` ;person: ,.►� . _ / -_ DEFT NITIONS a. "f3oard member." A member of any board. commission, or committee appointed by the City Council of the City of Corpus Christi.Texas. h. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee," Any person employed by the City of Corpus Christi. Texas either on a full or part- time basis. but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional. industrial or commercial,and whether established to produce or deal w ith a product or service. including but not limited to, entities operated in the Conn of sole proprietorship, as self-employed person. partnership, corporation.joint stock company.joint venture. receivership or trust, and entities which for purposes of taxation arc treated as non-profit organizations. e. "Official." The Mayor, members of the city Council. City Manager. Deputy City. Manager. Assistant City Managers. Depatiment and I)I■Lion I leads, and Municipal Court Judges of the C'its of Corpus Christi. Texas. I. "Ownership Interest.- Legal or equitable interest. whether actually- or consaruetieely held. in a firm. including when such interest is held through an agent. trust, estate, or holding emit). "Constructively held" refers to holdings or control established through voting trust., proxies. or special terms of'venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by tlx: City of Corpus Christi for the purpose of professional consultation and recommendation.