HomeMy WebLinkAboutC2015-500 - 12/16/2015 - NA • • • • i
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 Engineering Services) and All Points
Environmental, LLC, a Texas corporation, 500 N. Water Street, Suite 605, Corpus Christi,
Nueces County, Texas 78401, (Architect/Engineer—A/E), hereby agree as follows:
1. SCOPE OF PROJECT
Municipal Communication Studio Facility Renovation (Proiect No. E13144) — The
project provides an asbestos survey for the City Hall Municipal Communication Studio prior
to the commencement of renovation work. The City Council has awarded a construction
contract to SafeNet Services to complete the designed improvements to the basement
studio. In order to secure a building permit the existing studio space requires an asbestos
survey. The proposal from All Points Environmental, LLC includes a survey by a licensed
inspector, collection and analysis of up to 20 test samples, and a written report of findings
2. SCOPE OF SERVICES
The NE hereby agrees to perform design services necessary to review and prepare plans,
specifications, and bid and contract documents. In addition,NE will provide monthly status
updates (project progress or delays, gantt charts presented with monthly invoices) and
provide contract administration services, as described in Exhibit "A", to complete the
Project. Work will not begin on Additional Services until requested by the NE (provide
breakdown of costs, schedules), and written authorization is provided by the Director of
Engineering Services.
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 Engineering Services. 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 Engineering Services. 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 Engineering Services.
2015-500
12/16/15
Contract for Professional Services
All Points Environmental LLC Page 1 of 7
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The Director of Engineering Services 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. FEE
The City will pay the NE a fee as described in Exhibit "A" for providing services
authorized, a total fee not to exceed $1,500.00. Monthly invoices will be submitted in
accordance with Exhibit "B".
5. INDEMNITY
NE shall fully indemnify and hold harmless 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,to the extent that the damage
is caused by or results from an act of negligence, intentional tort, intellectual
property infringement or failure to pay a subcontractor or supplier committed by NE
or its agent, A/E under contract or another entity over which NE 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 or its employees, to the extent of such negligence.
If the liability results solely from the negligent acts or omissions of the A/E, the NE
shall also defend the Indemnitee with counsel satisfactory to the City Attorney. If a
claim is based wholly or partly on the negligence of, fault of or breach of contract by
the City, the NE shall reimburse the City's reasonable attorney's fees in proportion
to the NE's liability.
NE must advise City in writing within 24 hours of any claim or demand against City
or NE known to NE related to or arising out of NE's activities under this Agreement.
6. INSURANCE
6.1 NE must not commence work under this agreement until all required insurance has
been obtained and such insurance has been approved by the City. NE must not allow any
subcontractor to commence work until all similar insurance required of any subcontractor
has been obtained.
6.2 NE must furnish to the Director of Engineering Services with the signed agreement
2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing
the following minimum coverage by an insurance company(s) acceptable to the City's Risk
Manager. The City must be listed as an additional insured on the General liability and
Auto Liability policies, and a waiver of subrogation is required on all applicable
policies. Endorsements must be provided with COI. Project name and or number
must be listed in Description Box of COI.
Contract for Professional Services
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TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, Bodily Injury and Property Damage
required on all certificates or by Per occurrence - aggregate
applicable policy endorsements
Commercial General Liability including: $1,000,000 Per Occurrence
1. Commercial Broad Form $2,000,000 Aggregate
2. Premises — Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
AUTO LIABILITY (including) $1,000,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
PROFESSIONAL LIABILITY $1,000,000 Per Claim
(Errors and Omissions) $2,000,000 Aggregate
(Defense costs not included in face
value 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
insured.
WORKERS' COMPENSATION Statutory
(All States Endorsement if Company is not
domiciled in Texas)
Employer's Liability $500,000 /$500,000 /$500,000
6.3 In the event of accidents of any kind related to this agreement, NE must furnish the
City with copies of all reports of any accidents within 10 days of the accident.
6.4 Applicable for paid employees, NE must obtain workers' compensation coverage
through a licensed insurance company. The coverage must be written on a policy and
endorsements approved by the Texas Department of Insurance. The workers'
compensation coverage provided must be in an amount sufficient to assure that all
workers' compensation obligations incurred by the NE will be promptly met. An All States
Endorsement shall be required if NE is not domiciled in the State of Texas.
Contract for Professional Services
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6.5 NE shall obtain and maintain in full force and effect for the duration of this Contract,
and any extension hereof, at A/E's sole expense, insurance coverage written on an
occurrence basis, 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. A/E is required to provide
City with renewal Certificates.
6.6 NE shall be required to submit a copy of the replacement certificate of insurance to
City at the address provided below within 10 days of the requested change. A/E shall pay
any costs incurred resulting from said changes. All notices under this Article shall be given
to City at the following address:
City of Corpus Christi
Attn: Engineering Services
P.O. Box 9277
Corpus Christi, TX 78469-9277
6.7 NE agrees that with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
6.7.1 List the City and its officers, officials, employees, volunteers, and elected
representatives as additional insured by endorsement, as respects operations,
completed operation and activities of, or on behalf of, the named insured performed
under contract with the City, with the exception of the workers'compensation policy;
6.7.2 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;
6.7.3 Workers'compensation and employers' liability policies will provide a waiver
of subrogation in favor of the City; and
6.7.4 Provide thirty(30) calendar days advance written notice directly to City of any
suspension, cancellation, non-renewal or material change in coverage, and not less
than ten (10) calendar days advance written notice for nonpayment of premium.
6.8 Within five (5) calendar days of a suspension, cancellation or non-renewal of
coverage, NE shall provide a replacement Certificate of Insurance and applicable
endorsements to City. City shall have the option to suspend NE'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 contract.
6.9 In addition to any other remedies the City may have upon NE'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 NE to remove the exhibit hereunder, and/or
withhold any payment(s) if any, which become due to NE hereunder until NE
demonstrates compliance with the requirements hereof.
Contract for Professional Services
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6.10 Nothing herein contained shall be construed as limiting in any way the extent to
which NE may be held responsible for payments of damages to persons or property
resulting from A/E's or its subcontractor's performance of the work covered under this
agreement.
6.11 It is agreed that NE'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.
6.12 It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
6.13 Contracts Less than $50,000 - Insurance not required; however, if contract is
amended to exceed $50,000, the above insurance requirements must be met.
7. 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 NE 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.
8. 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.
9. 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 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.
10. 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 Engineering
Services. 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.
Contract for Professional Services
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11. 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.
12. STANDARD OF CARE
Services provided by NE under this Agreement shall be performed with the professional
skill and care ordinarily provided by competent engineers or architects practicing in the
same or similar locality and under the same or similar circumstances and professional
license; and performed as expeditiously as is prudent considering the ordinary professional
skill and care of a competent engineer or architect.
13. CONFLICT OF INTEREST
NE agrees, in compliance with Chapter 176 of the Texas Local Government Code, to
complete and file Form CIQ with the City Secretary's Office. For more information and to
determine if you need to file a Form CIQ, please review the information on the City
Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-
disclosure/index.
14. ENTIRE AGREEMENT AND CONTROLLING LAW
This Agreement represents the entire and integrated Agreement between City and NE and
supersedes all prior negotiations, representations or agreements, either oral or written.
This Agreement may be amended only by written instrument signed by both the City and
NE. This Agreement is governed by the laws of the State of Texas without regard to its
conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas.
15. CONFLICT RESOLUTION BETWEEN DOCUMENTS
NE hereby agrees and acknowledges if anything contained in the NE-prepared Exhibit A,
NE's Scope of Services, or contained in any other document prepared by NE and
included herein, is in conflict with this Agreement, this Agreement shall take precedence
and control to resolve said conflict.
CIA, •F , • ' ► AI, HRISTI ALL P•INTS EN IRONMENTAL, LLC
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al=rie H. G Try, ".E. Date A ''rando Media Date
E -cutive Direct• of Public Works Regional Manag-
500 N. Water Street, Suite 605
Corpus Christi, TX 78401
RE MM NDED „ (361) 882-3393
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LLLCQ c b
Op rating Department Date
Contract for Professional Services
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APPROVED AS TO LEGAL FORM
7./440 /2.1.0
L al Departmentate
APP ED
12-i -((
ffice o Management Date
and Budget
Fund Name Accounting Unit Account No. Activity No. Amount
Public, Education&Government Cable 1031-14676-172 550010 E13144 01 1031 EXP $1,500.00
Total $1,500.00
Contract for Professional Services
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All Points Environmental, LLC.
Asbestos Consulting • Industrial Hygiene • Safety
Indoor Air Quality • Training • Environmental
hftp://www.allpointsenvironmental.net
500 N. Water St., Ste. 605 * Corpus Christi, TX 78401
(361) 882-3393 * Fax: (361) 883-1511
November 19, 2015
Mr. Shane Tomo, P.E.
City of Corpus Christi
1201 Leopard Street
Corpus Christi, Texas 78401
RE: Proposal for an Asbestos Survey for the City Hall (Basement).
A.P.E. -Proposal No.: CP.1115.125
Dear Mr. Torno:
All Points Environmental appreciates your consideration of our company to perform an Asbestos
Survey.
Per your request, please find the attached proposal.
If you have any questions do not hesitate to call me at(361) 882-3393.
Sincerely,
Armando Medina
Regional Manager
EXHIBIT "A"
Page 1 of 4
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Scope of Work
We understand the scope of work to require the performance of an Asbestos Inspector licensed
by the Texas Department of State Health Service (TDSH). All work will be under the direction
of a Certified Industrial Hygienist(CIH).
A final report shall be submitted containing all sample results, data sheets, recommendations,
observations and conclusions and shall bear the signature of a American Board of Industrial
Hygiene(ABIH) Certified Industrial Hygienist(CIH), or a Certified Safety Professional(CSP).
Terms and Conditions
Work shall be performed by/or under the direction of an American Board of Industrial Hygiene
(ABIH)Certified Industrial Hygienist(CIH), or a Certified Safety Professional(CSP).
Extra Work
Extra work not included in the original agreement but requested, shall be invoiced based on the
rates/fees schedule provided, if applicable, or basis rates/fees agreed upon at the time of the
request for extra work.
Invoice Terms
Invoices shall be submitted after the completion of project.
Payment Terms
Due upon Receipt.
Acceptance of Proposal
Confidentiality shall be maintained for all information and/or data received or generated as a
result of services rendered.
Performance of required work shall not commence prior to receipt of written acceptance of
proposal and authorization to begin work.
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EXHIBIT "A"
Page 2 of 4
ESTIMATED
COST OF PROJECT
(City Hall Basement)
Asbestos Survey:
CP.1115.125
Labor
Will include the following:
• Licensed Inspector
• Estimating 20 *Samples to be collected and analyzed.
3 to 5 Day Turnaround ($15.00 per sample)
• Floor Plan Diagram Sample Locations.
• Lab Sheets.
• Written Report.
Total Estimated Cost $1,500.00
Note: Total Estimated Cost may vary depending on *Samples taken.
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EXHIBIT "A"
Page 3 of 4
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AUTHORIZATION TO PERFORM WORK
The applicable rate structure, specifications, and conditions are satisfactory and hereby accepted.
You are authorized to perform work as specified. Payment for services rendered will be made as
identified in your proposal.
The following documents are herby incorporated into this agreement:
All Points Environmental,LLC- Quotation No.: CP.1115.125 Amount: $1,500.00
Scope of Work: Asbestos Inspection
Location of Work: City Hall (Basement).
Start of Work Date:
Completion of Work Date:
Project Coordinator: Armando Medina
Direct all correspondence to:
All Points Environmental,LLC
500 N. Water Street, Suite 605
Corpus Christi,Texas 78401
Telephone: 361-882-3393
Facsimile: 361-883-1511
Client:
Address:
City/State/Zip Code:
Telephone:
Facsimile:
Accepted By:
Title:
Date:
Contract No.
Fax:#(361)883-1511 or allpointsez(i mail.com
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EXHIBIT "A"
Page 4 of 4
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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