HomeMy WebLinkAboutC2014-366 - 12/16/2014 - Approved 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 Capital Programs) and Linda Webster
Gurley, P.E., a sole proprietor, 7510 Milan St., Corpus Christi, Nueces, Texas, 78414,
(Architect/Engineer—A/E), hereby agree as follows:
1. SCOPE OF PROJECT
Assist the City Capital Programs Department with professional engineering review of
Bond 2014 drawing and specification submittals for general conformance with City
Standard and requirements, and provide other engineering services on related tasks as
needed. Services may include review, recommendations and administration but do not
include plan preparation and/or sealing of design documents.
2. SCOPE OF SERVICES
The NE hereby agrees, at its own expense, to perform professional engineering review
services. In addition, NE will provide monthly status updates (project progress or delays,
gantt charts presented with monthly invoices) as described in Exhibit "A", to complete
the Project.
NE services will be "Services for Construction Projects"- (Basic Services for Construction
Projects") which are shown and are in accordance with "Professional Engineering
Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of
the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers.
For purposes of this contract, certain services listed in this publication as Additional
Services will be considered as Basic 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 Capital Programs. 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 Capital Programs. 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 Capital Programs.
The Director of Capital Programs 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.
2014-366
12/16/14 Contract for Engineering(NE)Services
M2014-172 Page 1 of 3
Linda Webster Gurley P.E. INDEXED
4. INDEMNITY AND INSURANCE
The NE 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". If applicable,
the NE will submit to the City Engineer a certificate of insurance, with the City named as
additionally insured, showing the minimum coverage set forth in Exhibit "B" by an
insurance company acceptable to the City.
5. FEE
The City will pay the NE a fee, as described in Exhibit "A", for providing services
authorized, a total fee not to exceed $88,000.00 (in Numbers), Eighty Eight Thousand
Dollars and No Cents (in Words). Monthly invoices will be submitted in accordance with
Exhibit "C".
6. TERMINATION OF CONTRACT
The City may, at any time, with or without cause, terminate this contract upon seven days
written notice to the NE at the address of record. In this event, the A/E 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.
7. 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. The NE agrees that at least 75%
of the work described herein will be performed by a labor force residing within the Corpus
Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work
described herein will be performed by a labor force residing outside the Corpus Christi
Metropolitan Statistical Area (MSA.)
8. ASSIGNABILITY
The A/E 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 consultants unless
such employment, including the rate of compensation, has been approved in writing by
the City.
OWNERSHIP OF DOCUMENTS
All documents including contract documents (plans and specifications), record drawings,
Contract for Engineering(NE)Services
Page 2 of 3
contractor's field data, 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 Capital
Programs. 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 engineer prior to re-use of modified plans.
10. DISCLOSURE OF INTEREST
NE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to
complete, as part of this contract, the Disclosure of Interests form.
CITY OF CORPUS CHRISTI LINDA WEBSTER GURLEY, P. E.
ic?r,d-r —PcL. _sir,-,,-
1. ./3 d/4- W.W. 921 UAL-
Natasha Fudge, P.E. (Date) Linda Webster Gurley, P6. (Date)
Acting Director of Capital Programs 7510 Milan Street
Corpus Christi, TX 78414
(361) 850-3175 Office
(361) 993-1131 Fax
APPRO ED
4-71Alli/111"-- 4 /tfAggl . 1
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Office of Management and Budg t Dat: 12'
APPROVED AS TO LEGAL FORM SfCRCTA
z fill i/4l:-/
gal Departure t vI (Date)
Professional Engineering Review Services
Fund Name Accounting Unit Account Activity No Amount
No.
Streets 2013 TN 3550-052 550950 E13089013550EXP $11,000.00
Streets 2013 TN 3550-052 550950 El3090013550EXP $11,000.00
Streets 2013 TN 3550-052 550950 E13091013550EXP $11,000.00
Streets 2013 TN 3550-052 550950 El3092013550EXP $11,000.00
Streets 2013 TN 3550-052 550950 El3093013550EXP $11,000.00
Streets 2013 TN 3550-052 550950 El3095013550EXP $11,000.00
Streets 2013 TN 3550-052 550950 El3096013550EXP $11,000.00
Streets 2013 TN 3550-052 550950 El3099013550EXP $11,000.00
Total $88,000.00
Encumbrance No.
1-1-01A/4c- 13-431 /14
Rebecca Huerta Date Contract for Engineering(A/E)Services
City Secretary Page 3 d 3
Linda Webster Gurley, PE
7510 Milan St.
Corpus Christi,Texas 78414
(361)850-3075
lwgurley@gmail.com
August 18, 2014
Natasha Fudge, PE
City of Corpus Christi
Acting Director of Capital Programs
PO Box 9277
Corpus Christi, Texas 78469-9277
RE: CITY OF CORPUS CHRISTI LARGE NE CONTRACT PROPOSAL- CAPITAL PROGRAMS
Dear Mrs. Fudge,
Based on our recent discussions I propose to provide engineering services to the City on a large NE
Contract basis. Specific services proposed under this Contract include assisting Capital Programs with
professional review of drawings and specifications submitted by consultants on City Public Works
Projects for general conformity with City standards and requirements. Work may also include providing
general engineering services on other tasks on an as needed basis. Services may include review,
recommendations, and administration/organization, but do not include preparation and sealing of design
documents.
I am available to provide engineering services as described above for at least 15 hours per week and up
to 40 hours per week at a rate of 585 per hour, not to exceed a total of 588,000, with the option for
extension or renewal as needed and if mutually agreed.
Your consideration of this Proposal is appreciated. An engineering resume along with a referral letter
regarding my previous 8 years of service with the City are attached. Please don't hesitate to let me know
if you have any questions or would like additional support documentation.
Sincerely,
Linda Webster Gurley, PE
License#55935
Firm #F-14301
Attachments:
- Engineering Resume
-City Reference Letter
EXHIBIT"A"
Page 1 of 1
EXHIBIT "B"
MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION
FOR A/E PROFESSIONAL SERVICES/CONSULTANT SERVICES
(Revised October 2010)
Consultant must not allow any subcontractor to commence work until all similar insurance
required of the subcontractor has been obtained.
to the City's Risk Manager. The City must be named as an additional insured for all liability
TYPE OF INSURANCE _ _ _ _ • • _ e • _
. _ . .
• Der oc rrence _ aggregate
on all certificates
COMMERCIAL GENERAL LIABILITY $1,000,000 COMBINED SINGLE LIMIT
including:
1. Broad Form
2. Premises Operations
3. Products/ Completed Operations
�. Contractual Liability
5. Independent Contractors
AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT
1. Owned vehicles
2.. Hired Non owned vehicles
PROFESSIONAL LIABILITY including: $1,000,000 per claim / $2,000,000
Coverage provided shall cover all aggregate
employees, officcrs, 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
assured
e . e - - -Compensation Act
EMPLOYERS' LIABILITY ,
EXHIBIT"B"
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K.\Engineering DataExchange\ClarissaJ\Other Projects Non Departmental\Linda Webster Gurley\LWG December 2014\Contract\3 EXHIBIT B INDEMNIFICATION-OCT 2010
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C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies
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
E. Consultant's financial integrity is of interest to the City; therefore, subject to
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
F. The City shall be entitled, upon request and without expense, to receive copies of the
- -- - - -- --- - -- - -
by the City, and may require the deletion, revision, or modification of particular policy terms,
or regulation binding upon either of the parties hereto or the underwriter of any such
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
i. Name the City and its officers, officials, employees, volunteers, and elected
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
iv. Provide thirty (30) calendar days advance written notice directly to City of any
EXHIBIT"B"
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endorsements to City. City shall have the option to suspend Consultant's performance
I. In addition to any other remedies the City may have upon Consultant's failure to provide and
required, the City shall have the right to order Consultant to stop work hereunder, and/or
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
arising out of operations under this contract.
L. It is understood and agreed that the insurance required is in addition to and separate from
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"
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Modified.docx
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%
0 &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%
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alSUPPLIER NUMBER
1 U CHASING DIIVIBE ASSIGNED SIOCN
Cit..;O. CITY OF CORPUS CHRISTI
Corpus DISCLOSURE OF INTEREST
Christi
City of Corpus Christi Ordinance 17112, as amended,requires all persons or firms seeking to do business
with the City to provide the following information. Every question must be answered. If the question is
not applicable, answer with `1%1A'. Sec reverse side for Filing Requirements, Certifications and
definitions.
COMPANY NAME: Linda Webster Gurley,P.E.
P.O. BOX:
STREET ADDRESS: 7510 Milan St. CITY: Corpus Christi ZIP: 78414
FIRM IS: I. Corporation 2. Partnership 3. Sole Owner
4. Association I. 5. Other ❑
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
I. State the names of each `employee" of the City of Corpus Christi having an "ownership interest"
constituting 3%or more of the ownership in the above named"firm."
Name Job Title and City Department(if known)
N/A
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest"
constituting 3%or more of the ownership in the above named"firm."
Name Title
N/A
3. State the names of each "board member"of the City of Corpus Christi having an "ownership interest"
constituting 3%or more of the ownership in the above named"firm."
Name Hoard.Commission or Committee
N/A
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who
worked on any matter related to the subject of this contract and has an "ownership interest"
constituting 3%or more of the ownership in the above named"firm."
Name Consultant
N/A
EXHIBIT"D"
Page 1 of 2
•
•
FILING REQUIREMENTS
If 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 general 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)]
CERTIFICATION
I certify that all information provided is true and correct as of the date of this statement,that I have not
knowingly withheld disclosure of any information requested; and that supplemental statements will be
prompt y submitted to the City of Corpus Christi,Texas as changes occur.
Certifying Person: Title:
'Type or Print)
Signature of Certifying ,-1 q� Irate:
Person: t r1�- w �tS! 3 oZ /S-120/
DEFINITIONS
a. '`Board member." A member of any board, commission, or committee appointed by the City
Council oldie City of Corpus Christi,'Texas.
b. "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 with a product or service. including but not limited to, entities
operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint
stock company,joint venture, receivership or trust, and entities which for purposes of taxation are
treated as non-profit organizations.
c. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager,
Assistant City Managers, Department and Division Heads,and Municipal Court Judges of the City of
Corpus Christi,Texas.
1. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a
firm, including when such interest is held through an agent, trust, estate, or holding entity.
"Constructively held" refers to holdings or control established through voting trusts, proxies, or
special terms of venture or partnership agreements."
g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus
Christi for the purpose of professional consultation and recommendation.
EXHIBIT"D"
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