HomeMy WebLinkAboutC2015-089 - 6/16/2015 - Approved CITY OF CORPUS CHRISTI
AMENDMENT NO. 1
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 LNV, Inc., a corporation, 801 Navigation, Suite 300, Corpus Christi,
Nueces, Texas, 78408, (Architect/Engineer— NE), hereby agree as follows:
1. SCOPE OF PROJECT
City of Corpus Christi Utilities Department Staff Augmentation Consultant Services (Proiect
No. E15092) — Continue assisting the Utility and Public Works Departments as staff augmentation
with projects, program management, and land development technical services, as necessary to
meet operational requirements on behalf of the City of Corpus Christi.
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.
4. INDEMNITY AND INSURANCE
The NE agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents,
cPrvants_ and emolovees as more fully set forth in Exhibit"B". If applicable, the NE will submit to the
2015-089 3urance, with the City named as additionally insured, showing the
6/16/15 (hibit "B" by an insurance company acceptable to the City.
Contract for Engineering(NE)Services
M2015-067 INDEXED Page 1 of 4
LNV Inc.
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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 $215,000.00 (in Numbers), Two Hundred Fifteen Thousand Dollars and No Cents
(in Words), for a total restated fee not to exceed $265,000.00 (in Numbers), Two Hundred Sixty Five
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 A/E at the address of record. In this event, the NE will be compensated for its services on all
stages authorized based upon A/E 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 NE 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 A/E 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.
9. OWNERSHIP OF DOCUMENTS
All documents including contract documents (plans and specifications), record drawings, 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.
Contract for Engineering(NE)Services
Page 2 of 4
CITY OF CORP CHRIST LNV, I. // /
4/
S—- hi zn7 d }" Li
J. . Edmonds P. E. ate D. n S. Leyendecker, P.E. oat
Director of Capital Programs 'resident
:01 Navigation, Suite 300
Corpus Christi, Texas 78408
REC END (361) 883-1984 Office
(361) 883-1986 Fax
Gustav Gonzalez P.t Date
Assista City Man ger
of Public Works and Utilities
/71/C4 ' #/
c /V/S—
Mark Van Vleck, P. . at
Exe - ive ire•t•' o\U 'RiesL ' & ..)' &L 1
Val a H. Gra P.E. Date
Ex •utive Direc •r of -ublic Works
AP,
lie
7Z (lib^ 4,
Office of Management Date
and Budget
ATTEST
lam-
1(4-e,C i 'LLA147/\
Rebecca Huerta, City Secretary
1410 54)(e:1,
sy mom ( 0 I 1 Co i IT
SECRETARY
Contract for Engineering(NE)Services
Page 3 of 4
City of Corpus Christi Utilities Department Staff Augmentation Consultant Services
(Project No. E15092)
Fund Name Accounting Unit Account Activity Account Amount
Category
Water Department 4010-30000-041 530000 E15092014010EXP 30000 $65,000.00
Operating
Water Department 4010-30220-072 530000 E15092014010EXP 30000 $15,000.00
Operating
Water Department 4010-30230-072 530000 E15092014010EXP 30000 $25,000.00
Operating
Water Department 4010-30283-072 530000 E15092014010EXP 30000 $10,000.00
Operating
Water Department 4010-31510-041 520130 E15092014010EXP 20130 $50,000.00
Operating
Water Department 4010-31520-041 520140 E15092014010EXP 20140 $50,000.00
Operating
Total $215,000.00
Encumbrance No.
Contract for Engineering(NE)Services
Page 4 of 4
LNV
Solutions Today with a
engineers architects , contractors Vision for Tomorrow
March 3,20I5
Ms.Valerie Gray,P.E.
Executive Director of Public Works
City of Corpus Christi
1201 Leopard Street
Corpus Christi,Texas 78401
Ref: CITY OF CORPUS CHRISTI UTILITIES DEPARTMENT STAFF AUGMENTATION
CONSULTANT SERVICES
Project No.E15092—Amendment No. 1
Dear Ms.Gray:
Please accept this proposal for Amendment No. 1 in the amount of $215,000 for a total contract value of
$265,000. The preliminary phase of this contract provided Bill Green, dba William J. Green, P.E. through an
exclusive use consultant contract with LNV Engineering, Inc. to the Utility and Public Works Departments as
staff augmentation with project, program management and land development technical services, as necessary to
meet operational requirements on behalf of the City of Corpus Christi.
Amendment No. 1 provides for a continuance of Bill's professional engineering consultant services at a standard
rate of $100.00 per hour and standard travel and per diem expenses, at cost. Provision is made to adjust the
hourly rate in January 2016 based upon the Consumer Price Index. We will advise you in writing of this
adjustment in advanced of a revised hourly billing rate.
We further agree that Bill can continue to work up to a full time basis (40 hours/week) on City directed
assignment for the next year (12 months). We anticipate that Bill will continue to receive a variety of
assignments directly assisting the Utilities and Public Works Departments. Monthly invoices will be only for
those hours authorized and rendered.
If my proposal of services is acceptable to you, please include this letter as Exhibit A to Amendment No. 1 for a
large A/E Contract. We are prepared to review this proposal with you should you have any questions.
Sincerer /
z,.�f
Dan S. Le u - er,P.E.
President
Cc: Mr.Mark Van Vleck, P.E.—Executive Director of Utilities
EXHIBIT"A"
Page 1 of 1
801 NAVIGATION I SUITE 300 I CORPUS CHRISTI,TEXAS 78408
OFFICE 361 883 1984 I FAX 361183 1986 I WWW INV1NC COM
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Exhibit "B"
Mandatory Requirements
INDEMNIFICATION
Consultant shall fully indemnify, hold harmless, and defend the City of
Corpus Christi and its officials, officers, agents, employees,
volunteers, directors and representatives ("Indemnitee") from and
against any and all claims, damages, liabilities or costs, including
reasonable attorney fees and defense costs, caused by or resulting
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 of Corpus Christi or its
employees, to the extent of such negligence.
Consultant must, at City's option, defend Indemnitee and with counsel
satisfactory to the City Attorney.
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.
NE Professional Services Agreements Standard Form Language Exhibit"B"
Last revised 12/23/2014
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%
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Ilig:;1 SUPPLIER NUMBER
TO BE ASSIGNED BY CITY
PURCHASING DIVISION
City of CITY OF CORPUS CHRISTI
C Corpus DISCLOSURE OF INTEREST
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. Everyquestion must be answered.
If the question is not applicable. answer with "NA". See reverse side for Filing Requirements,
Certifications and definitions.
COMPANY NAME: LNV Engineering
P.O.BOX:
STREET ADDRESS: 801 Navigation,Suite 300 CITY: Corpus Christi ZIP: 78408
FIRM IS: 1. Corporation X 2. Partnership 3. Sole Owner ❑
4. Association ❑ 5. Other
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi Navin§ an "ownership
interest"constituting 3%or more of the ownership in the above named"firm.
Name Job Title and City Department(if known)
1/h
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
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 Board,Commission or Committee
N 1A
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
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 promptly submitted to the City of Corpus Christi,Texas as changes occur.
-63
Certifying Persont' Dan S. Leyendecker,P. E. Title: President
(Type or Print)
Signature of Certifying Date: Z/Z%�.
Person:
DEFINITIONS
a. "Board member." A member of any board, commission, or committee appointed by the
City Council of the 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.
e. "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.
f. "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.