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HomeMy WebLinkAboutC2015-263 - 9/1/2015 - NA CITY OF CORPUS CHRISITI CONTRACT FOR PROFESSIONAL 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 LNV,Inc., a Delaware corporation,acting through its duly authorized representative who is Dan S. Levendecker, P.E., President(ENGINEER), which agree as follows: 1. DECLARATIONS. "CITY" desires to engage "ENGINEER" to provide services in connection with City's project, described as follows: River Pump Station 54-inch Air Release Valves (ARV) Replacement(Prosect No. E15166) "Project". 2. SCOPE OF WORK. "ENGINEER" shall provide services for the PROJECT in accordance with the accompanying Letter, Scope of Services, and Fee attached as Exhibit "A". 3. FEE. The "CITY" agrees to pay the "ENGINEER" for services provided in accordance with Exhibit"A", Scope of Services, and Fee under this AGREEMENT, a total fee not to exceed$11,900.00, (Eleven Thousand Nine Hundred Dollars and Zero Cents). Monthly invoices shall be submitted in accordance with Exhibit"B". 4. INDEMNIFICATION AND HOLD HARMLESS. The "ENGINEER" agrees to indemnify, save harmless and defend the"CITY", and it's agents, servants, and employees as more fully set forth in Exhibit "C". 5. 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 and may not be used again by the Engineer without the express terms written consent of the Director Capital Programs. However,the Engineer may use standard details that are not specific to this project. CIT F C -P S � ISTI LNV EV I \. R71 //> _S •(- 9 /-7 VV ie H. Gr- , '.E Date ran S. Leyendecker, P.' . late E - utive Director, "ublic Wo ks resident 801 Navigation, Suite 300 Corpus Christi, Texas 78408 RECO. MENDS (361) 883-1984 Office (361) 883-1986 Fax ii4PPae) 5 - /2-1 'ape - ing Depart t Date APP VED AS TO LEGAL FORM Z/1 y i1 ,5 Project No: E15166 sistant City Attorney Date Accounting Unit: 4010-31010-062 for City Attorney Account: 530225 Activity: E15166014010EXP APPJOVED _1 Account Account Category: 30225 2015-263 Fund Name: Water .9/01/15 Budget D LNV Inc. 2\WATER\E15166 RIVER PUMP STATION 54-INCH ARV REPLACEMENTICONTRACT.DOC INDEXED �,;i� LNV engineers + architects I contractors Solutions Today with a TBPE No.F-366 Vision for Tomorrow May 11, 2015 Mr. J.H. Edmonds, P.E. Acting Director, Capital Programs City of Corpus Christi 1201 Leopard St. Corpus Christi, TX 78401 Re: RIVER PUMP STATION 54" ARV REPLACEMENT—ENGINEERING AND ON-CALL SUPPORT City Proj. No. (TBD) Dear Mr. Edmonds, • Please accept this letter as our formal proposal for professional services associated with the River Pump Station 54"ARV Replacement— Engineering and On-Call Support at O.N. Stevens Water Treatment Plant in Corpus Christi, Texas. LNV hereby agrees to perform the following Engineering service: Project Description: The City of Corpus Christi, Texas, hereinafter called"City", and LNV, Inc. hereinafter called "Engineer", agrees to the following Contract for Engineering Services associated with the River Pump Station 54"ARV Replacement—Engineering and On-Call Support"Project". The purpose of this project is to provide engineering support to the Utilities Department as they replace one(1)set(2 total)existing, 54"diameter air release valves (ARVs)on the Nueces River raw water pipelines. The existing pair of ARVs nearest the River Pump Station will be replaced as a part of this project. The Engineer will provide services including participation and support in the Maintenance of Plant Operations(MOPO)planning, detailed service planning, emergency and contingency planning, and constructability plan review. The Engineer will also conduct and provide site visits, record drawing research, visual condition assessment, potential repair design recommendations and onsite construction observation services. In addition, the Engineer will provide emergency on-call engineering support during start-up, attend coordination meetings, and attend lessons learned planning workshops. I. SCOPE OF SERVICES A. ADDITIONAL SERVICES 1. Site Visits The Engineer will conduct one preliminary site visit and, subsequently, 4 additional site visits. a) Preliminary Site Visit The Preliminary Site Visit will be conducted in the company of City Staff and/or Plant Personnel in order to gain an understanding of the site layout and potential hazards or obstructions that could potentially impact the execution of the project. b) Subsequent Site Visits The 8 Subsequent Site Visits will be conducted, as necessary, throughout the duration of the Project. These site visits will be subsidiary to the Construction Observation Services task as outlined in Section 8. (see page 3). 2. Record Drawing Research The Engineer will review all available Record Drawings in order to gain an understanding of the installation and mounting details of the ARVs. These details will enable the Project Team to make more informed decisions in the constructability review and planning process. The Record Drawing Research will also aid in the development of a MOPO and other planning activities by providing locations of key valves that may be used for bypass or isolation of the ARVs. 3. Maintenance of Plant Operations(MOPO) Planning The Engineer will support Plant Personnel in development of a comprehensive MOPO Plan. The MOPO plan will ensure that O.N. Stevens Water Treatment Plant(ONSWTP)will continue operating and providing drinking water without interruption during the Project. 4. Service Plan The Engineer will support the Utilities Department in development of a Service Plan that will detail the order of operations and recommended means and methods for the removal and replacement of the ARVs. 5. Emergency and Contingency Plan The Engineer will aid the City in developing an Emergency and Contingency Plan that will develop"worst case"scenarios that could arise as a result of the Project. The Engineer will then aid the City in developing a list of preferred responses to the"worst case"scenarios previously developed. 6. Constructability PlanninglReview The Engineer will review all materials as listed in the above task items in order to determine constructability of the proposed Project. The Constructability Review will consider all written plans, record drawings, means and methods, and the entity performing the work. Engineer will provide constructability review, input, and coordinate with the Utilities Department during their MOPO and Service Plan development. SMALL AIE AGREEMENT EXHIBIT"A" Page 2 of 5 7. Coordination Meetings(Ongoing) Attend coordination meetings as necessary to facilitate progression of the Project. These coordination meetings will include up to nine(9)meetings as presented in the table below. Meeting Schedule Topic Date Project/Phase I Kickoff 1 TBD MOPO Planning TBD Service Planning TBD Emergency and Contingency Planning TBD Constructability Planning/Review TBD Construction Status Meeting TBD Lessons Learned/Phase II Kickoff TBD Construction Status Meeting TBD Lessons Learned/Final Close-out ; TBD Any meetings in addition to the ones listed above will be considered as tasks requiring an increase in fee. Tasks requiring an increase in fee will be mutually agreed upon and evidenced in writing as an amendment to this contract. 8. On-Site Construction/Repair Observation(Ongoing) The Engineer will oversee construction activities in order to insure that the activities are in conformance with the standards(AWWA,ACI, etc.). The Engineer will also advise City Personnel as to the most effective means and methods for any unforeseen work required. 9. Visual Condit:on Assessment The Engineer will conduct a visual assessment,after excavation, of the ARVs, valve vault, and pipe supports. The Visual Condition Assessment will aid in determining the components that need to be replaced or rehabilitated. The assessment will also aid in determining the most effective method for remediation. A structural P.E. will perform visual assessments of the ARVs, pipe, saddles, and supports. 10.Valve Vault Re•air Desi•n Recommendation The Engineer will employ the results of the visual assessments to provide design recommendations for the rehabilitation or replacement cf the valve vault wall and floor modifications associated with the ARV replacement. 11.On-Call Emirerina Support The Engineer will provide On-Call Engineering Support of the City throughout the Project. The Engineer will be continuously available to the City in the event of unforeseen complications associated with the Project. The Engineer will provide the services required for successful completion of the Project, up to 40 hours. SMALL ME AGREEMENT EXHIBIT"A" Page 3 of 5 • II. SCHEDULE Date Activity 30 days after Phase I NTP Completion of all Phase I services III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all"Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, A/E will submit monthly statements for services rendered.The statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to NE's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the NE a not-to-exceed fee as per the table below: SMALL A/E AGREEMENT EXHIBIT"A" Page 4 of 5 Summary of Fees Additional Services 1 Site Visits $800 2 Record Drawing Research $600 3 MOPO Planning $500 4 Service Plan $500 5 Emergency/Contingency Plan $500 6 Constructability Planning/Review $500 7 Coordination Meetings(Ongoing) $1,750 8 On-Site Construction/Repair Observation(Ongoing) $2,000 9 Visual Condition Assessment $1,000 10 Valve Vault Repair Design Recommendation $1,750 11 On-Call Engineering Support $2,000 Subtotal Additional Services $11,900 Total $11,900 LNV shall perform said service and all acts attendant thereto with a reasonable standard of care and shall not be held to a higher standard of care unless specifically agreed to by the parties and said agreement is spelled out herein as a condition of this contract. Any additional work not listed in the above Scope of Services will be performed in accordance with the attached rate schedule. Respectfully, 5- /es Logan Burton, P.E. Vice President SMALL A/E AGREEMENT EXHIBIT"A" Page 5 of 5 Sample form for. COMPLETE PROJECT NAME Payment Request 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% • v. el c _ 00 °1c 03 Exhibit "C" 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. EXHIBIT "C" Page 1 of 1 Last revised 12/23/2014 • atiSUPPLIER NUMBER TO BE ASSIGNED BY CITY - PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Chnsti City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City torovide the following information. Every question 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 having an "ownership interest"constituting 3%or more of the ownership in the above named'`firm. Name Job Title and City Department(if known) 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 C/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 Board, Commission or Committee /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 /4)1A- 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. Certifying Person:' Dan S.Leyendecker,P. E. Title: President (Type or Print) Signature of Certifying Date: Z/Z%s 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.