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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 -1/Z.U.:,....,1 .Atli Mukli.r.. 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" Page 1 of 3 K.\Engineering DataExchange\ClarissaJ\Other Projects Non Departmental\Linda Webster Gurley\LWG December 2014\Contract\3 EXHIBIT B INDEMNIFICATION-OCT 2010 Modified.docx 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" Pa•e2of3 K:\Engineering DataExchange\ClarissaJ\Other Projects Non Departmental\Linda Webster Gurley\LWG December 2014\Contract\3 EXHIBIT B INDEMNIFICATION-OCT 2010 Modified.docx 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" Pas e 3 of 3 K:\Engineering DataExchange\ClarissaJ\Other Projects Non Departmental\Linda Webster Gurley\LWG December 2014\Contract\3 EXHIBIT B INDEMNIFICATION-OCT 2010 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% .o m x m = m W o 7 -IN • • • • • 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" Page 2 of 2