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HomeMy WebLinkAboutC2015-507 - 12/29/2015 - NA • 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 CH2M HILL Engineers, Inc., a Delaware corporation, 555 N. Carancahua, Suite 310, Corpus Christi, Nueces County, Texas 78401, (Architect/Engineer—A/E), hereby agree as follows: 1. SCOPE OF PROJECT Value Engineering (Project No. E15100) — The contract provides City with single Architectural/Engineering source to conduct '2D' modeling to determine the most cost effective solutions for various street projects. 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. 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 • _ _ear___i r__ 2015-507 12/29/15 Contract for Professional Services CH2M Hill Engineers Inc. Page 1 of 7 )RM WATER\E15100 VALUE ENGINEERING\2015-1020 OLD CONTRACT PROFESSIONAL SERVICES- INDEXED 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 $49,515.00. 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, NE under contract or another entity over which A/E 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 NE, 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 A/E 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 A/E'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 Page 2 of 7 K:\ENGINEERING DATAEXCHANGEVANGIEM\STORM WATER\E15100 VALUE ENGINEERING\2015-1020 OLD CONTRACT PROFESSIONAL SERVICES- MODIFIED.DOC • • 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 Page 3 of 7 K:\ENGINEERING DATAEXCHANGEWNGIEM\STORM WATER\E15100 VALUE ENGINEERING\2015-1020 OLD CONTRACT PROFESSIONAL SERVICES- MODIFIED.DOC • 6.5 NE shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at NE'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. NE 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 Page 4 of 7 K\ENGINEERING DATAEXCHANGE\ANGIEM\STORM WATER\E15100 VALUE ENGINEERING\2015-1020 OLD CONTRACT PROFESSIONAL SERVICES- MODIFIED DCC • 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 A/E'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 Page 5 of 7 K:\ENGINEERING DATAEXCHANGEWNGIEM\STORM WATER\E15100 VALUE ENGINEERING\2015-1020 OLD CONTRACT PROFESSIONAL SERVICES- MODIFIED DOC 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. CITY OF CORPUS CHRISTI CH2M HILL ENGINEERS, INC. ce,Peole, 14/a1115 Ron L. son Date Sidney A. Faas, P.E. Date City Manager Vice President 555 N. Carancahua, Suite 310 Corpus Christi, TX 78401 (361) 888-8100 Contract for Professional Services Page 6 of 7 K\ENGINEERING DATAEXCHANGE\ANGIEM\STORM WATER\E15100 VALUE ENGINEERING\2015-1020 OLD CONTRACT PROFESSIONAL SERVICES- MODIFIED DOC • RECOMMEND v.rT., Gustavjo Gonzale,, -.E. Date Assistant City Manager of P blic sr. s a d Utilities II. - • "Lig 12M V .rie H. e ay, -.E. Date E cutive Directo of Public Works /), / Operating Department Date APP' m VED AS TO LEGAL FORM rz 1Z-1145 L-f. Department r Date APPO ED Project No. E15100 Accounting Unit: 3495-043 w �/ (� Account: 550950 Offi - o Management D. -'', Activity: E15100013495EXP/3 �ra5r�►1 res and Budget �' Account Category: 50950 Fund Name: Storm Water CIP 2012B Rev. Bonds Encumbrance No. ATTEST ebecca Huerta Date City Secretary Contract for Professional Services Page 7 of 7 K\ENGINEERING DATAEXCHANGE\ANGIEM\STORM WATER\E15100 VALUE ENGINEERING\2015-1020 OLD CONTRACT PROFESSIONAL SERVICES- MODIFIED.DOC CH2M HILL 555 N.Carancahua,Suite 310 Corpus Christi,TX 78401 • Tel 361.888.8100 Fax 361.888.8600 November 13, 2015 Mr.Jeff Edmonds, P. E. Director of Capital Programs City of Corpus Christi P.O. Box 9277 Corpus Christi,Texas 78469-9277 RE: Proposal for Engineering Services- RFQ No. 2014-08 City of Corpus Christi Bond 2014 Proposition 2 Transportation and Capital Improvement Projects, Part B Storm Water CIP, Project No. 7 Value Engineering Dear Mr. Edmonds: Please accept this letter as our proposal to perform Value Engineering professional services for the Capital Programs Department as follows: I. SCOPE OF PROJECT CH2M HILL Engineers, Inc. (CH2M) will provide Value Engineering Services to the City of Corpus Christi Capital Programs Department by modeling storm water conveyance systems for current and future capital improvement projects. Evaluation will include municipal storm water pipe, ditches, and channels systems. Projects will be analyzed using the existing draft storm water master plan information with proposed level of service as directed by the capital programs department. After the analysis is complete, CH2M will provide a Drainage Memorandum that documents the analysis procedures, provides comments on the proposed system, and makes recommendations to the City capital programs department for acceptance of the proposed infrastructure improvements. The recommendations prepared by CH2M are for the City's review and acceptance; CH2M does not assume any liability for these recommendations if they are implemented. II. SCOPE OF SERVICES A. The Scope of Services for Value Engineering Services: • CH2M will meet with City staff at Capital Programs to receive proposed project plans to be reviewed. • City staff will provide specific criteria for each individual project.Actual review of plans will be performed at CH2M office location. CH2M will develop or review drainage area boundary maps for existing and proposed drainage areas served. • CH2M will conduct preliminary hydraulic analyses to quantify the storm sewer design of existing and proposed systems. EXHIBIT"A" Page 1 of 2 STORM.WATER VALUE ENGINEERING SERVICES FOR CAPITAL PROGRAMS DEPARTMENT • CH2M will submit completed drainage review recommendations to Capital Programs Department. • If multiple project plans are provided to CH2M at the same time, CH2M will also make project prioritization recommendations based on a system wide view of the individual project locations. • CH2M will provide monthly status reports and invoices until the contract is fulfilled. III. ORDER OF SERVICES PROJECT SCHEDULE DATE ACTIVITY November 23,2015 Notice to Proceed Ongoing Value Engineering Services IV. FEES Fee for Services Authorized: For the work defined herein,CH2M shall be compensated on a Time and Materials(T&M)basis based on the schedule of rates,and the Not to Exceed(NTE) amount of$49,515. CH2M shall not incur additional costs beyond the NTE amount without a contract amendment. The fee will be full and total compensation for services and for all expenses incurred in performing these services. Engineer will submit monthly statements for basic services rendered. Each statement will be based on the time worked and materials used at the time of billing. City will make prompt monthly payments in response to Engineer's monthly statements. The effort defined herein shall be subject to mutual agreement to terms and conditions between the City of Corpus Christi and CH2M. We look forward to your favorable consideration of this request. Very truly yours, CH2M HILL Engineers,Inc. TBPE F' m No. F-3699 "I Sidney A. Faas,P.E. Vice President SAF/pa EXHIBIT "A" Page 2 of 2 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% m to _ CD CO eD _ -% =I °, C • CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of CCo�rp ti City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking information.do business with the City to provide the following 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: CH2M HILL Engineers,Inc. P.O.BOX: N/A STREET ADDRESS: 555 N.Carancahua,Suite 310 CITY: Corpus Christi ZIP: 78401 FIRM IS: 1. Corporation [r 2. Partnership 3. Sole Owner 0 4. Association LU 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) 1J 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 n0 I P 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 ti/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." Nam Consultant n17A 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: Sidney Faas,P.E. Title: Vice President (Type or Print) �Signature of Certifying Date: ,I ," 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.