HomeMy WebLinkAboutC2016-031 - 1/19/2016 - NA 1 •.
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 ENGINEERING &
CONSTRUCTION MANAGEMENT SERVICES, LLC, a Texas limited liability company,
5001 Oakmont, Corpus Christi, Nueces County,Texas 78413, (Consultant), hereby agree
as follows:
1. SCOPE OF PROJECT
Indefinite Delivery/Indefinite Quantity(IDIQ)Minor Street Improvements(Project No.
E15213) -This project will provide the City with preliminary design services for evaluating
site conditions for the Citywide minor street repairs.
This Project provides for a one-year base contract for the services described in Exhibit
"A"and allows for two additional one-year administrative renewals/extensions beyond the
original one-year base contract, subject to availability of funding and satisfactory consultant
performance. The Project is intended to be funded with annual appropriations, as needed.
2. SCOPE OF SERVICES
The Consultant hereby agrees to perform services to complete the Project, as detailed in
Exhibit"A". In addition, Consultant will provide monthly status updates (project progress
or delays 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 Consultant (provide breakdown of costs, schedules), and
written authorization is provided by the Director of Engineering Services.
3. ORDER OF SERVICES
The Consultant 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
Consultant 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 Consultant 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. Consultant shall notify the City of Corpus Christi within three (3) days of
notice if tasks requested requires an additional fee.
2016-031
1/19/16
Engineering& Construction Mgt Contract for Professional Services
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4. FEE
The City will pay the Consultant a fee as described in Exhibit "A" for providing services
authorized, a total fee not to exceed $17,000.00. Monthly invoices will be submitted in
accordance with Exhibit "B".
The City's Project Manager from the Operating Department is responsible for assigning
tasks to the Consultant and approving their daily/weekly/monthly hours. The Consultant is
required to submit a detailed and approved hourly breakdown with their monthly invoice
paperwork to the City for payment.
5. INDEMNITY
Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its
officials, officers, agents, employees, or other entity, excluding the engineer or
architect or that person's agent, employee or subconsultant, over which the City
exercises control ("Indemnitee") from and against any and all claims, damages,
liabilities or costs, including reasonable attorney fees and court 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 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 or its
employees, to the extent of such negligence.
Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney,
from and against any and all claims, damages, liabilities or costs, including
reasonable attorney fees and court costs, if the claim is not based wholly or partly
on the negligence of, fault of or breach of contract by Indemnitee. If a claim is
based wholly or partly on the negligence of, fault of or breach of contract by
Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in
proportion to the Consultant's liability.
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.
6. INSURANCE
6.1 Consultant must not commence work under this agreement until all required
insurance has been obtained and such insurance has been approved by the City.
Consultant must not allow any subcontractor to commence work until all similar insurance
required of any subcontractor has been obtained.
6.2 Consultant 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
Contract for Professional Services
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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.
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 shall be outside policy
limits)
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, Consultant must
furnish the City with copies of all reports of any accidents within 10 days of the accident.
Contract for Professional Services
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6.4 Applicable for paid employees, Consultant 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 Consultant will be promptly met. An All
States Endorsement shall be required if Consultant is not domiciled in the State of Texas.
6.5 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 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. Consultant is
required to provide City with renewal Certificates.
6.6 Consultant 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.
Consultant 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 Consultant 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 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 and professional
liability/Errors & Omissions 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, Consultant shall provide a replacement Certificate of Insurance and applicable
endorsements to City. City shall have the option to suspend Consultant'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.
Contract for Professional Services
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6.9 In addition to any other remedies the City may have upon Consultant'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 Consultant to remove the exhibit
hereunder, and/or withhold any payment(s) if any, which become due to Consultant
hereunder until Consultant demonstrates compliance with the requirements hereof.
6.10 Nothing herein contained shall be construed as limiting in any way the extent to
which Consultant may be held responsible for payments of damages to persons or property
resulting from Consultant's or its subcontractor's performance of the work covered under
this agreement.
6.11 It is agreed that Consultant'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.
7. TERMINATION OF CONTRACT
The City may, at any time, with or without cause, terminate this contract upon seven days
written notice to the Consultant at the address of record. In this event, the Consultant will
be compensated for its services on all stages authorized based upon Consultant 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 Consultant 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 Consultant staff. If the Consultant 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
Consultant fee may be assigned in advance of receipt by the Consultant 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 Consultant without the express written consent of the Director of
Contract for Professional Services
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Engineering Services. However, the Consultant 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.
11.STANDARD OF CARE
Services provided by Consultant 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.
12.DISCLOSURE OF INTEREST
Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and
complete the Disclosure of Interests form as part of this contract.
13.CERTIFICATE OF INTERESTED PARTIES
Consultant agrees to comply with Texas Government Code section 2252.908 and complete
Form 1295 Certificate of Interested Parties as part of this contract, if required. For more
information, please review the information on the Texas Ethics Commission website at
https://www.ethics.state.tx.us.
14.CONFLICT OF INTEREST
Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and
file Form CIQ with the City Secretary's Office, if required. 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.
15.ENTIRE AGREEMENT AND CONTROLLING LAW
This Agreement represents the entire and integrated Agreement between City and
Consultant 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 Consultant. 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.
16.CONFLICT RESOLUTION BETWEEN DOCUMENTS
Consultant hereby agrees and acknowledges if anything contained in the Consultant-
prepared Exhibit A, Consultant's Scope of Services, or contained in any other document
prepared by Consultant and included herein, is in conflict with this Agreement, this
Agreement shall take precedence and control to resolve said conflict.
Contract for Professional Services
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K:\ENGINEERING DATAEXCHANGEWNGIEM\STREET\E15213 IDIQ MINOR STREET IMPR\15-1209 AE AGREEMENT.DOC
CITY OF CORPUS HRISTI ENGINEERING & CONSTRUCTION
MANAGEMENT SERVICES, LLC.
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Val-T• H. Gra P.E. Date Felix H. Ocanas, Jr., P.E. Date
Executive Director of Public Works President
5001 Oakmont Drive
Corpus Christi, Texas 78413
RECOMMENDED (361) 986-1202
ecms@att.net
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Operating Depart Oft D e
APPROVED AS TO LEGAL FORM Project No. E15213
Accounting Unit: 1041-12430-051
(-Li
(1JL4% j Account: 530215
wr` ` ` 011("( Activity: E 15213011041 EXP
Legal Department Date Account Category: 30215
Fund Name: Street Operating 1.
Encumbrance No. 1 AA.
APP-OVED
Office of Management Da ...
and Budget t/
ATTEST
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Rebecca Huerta Date
City Secretary
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K:\E INEERING DATAEXCHANGEWNGI STREET\E15213 IDIQ MINOR STREET IMPR\15-1209 AE AGREEMENT.DOC
Date: November 10, 2015
Jeff Edmonds, P. E.,
Director of Capital Programs
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78469-9277
FOR PLAN AND SPECIFICATION PREPARATION
SUBJECT: IDIQ MINOR STREET IMPROVEMENTS
(Project No. El 5213)
Dear Mr. Edmonds:
Please accept this letter as our proposal to perform the professional services desired in
developing IDIQ MINOR STREET IMPROVEMENTS project. It is understood that the target
construction funds are$3,000,000.
Project Description and Task List:
This IDIQ project is a design bid package for a construction contract to perforin minor
street pavement repairs involving minor street pavement rehab/replacement, base
repairs with limestone and subgrade stabilization throughout the City. The work will be
issued in Delivery Orders that will provide specific locations, scope and requirements.
The work may include saw cutting, crack sealing, seal coats, milling, curb & gutter,
driveway and sidewalk replacement, curb ramps, minor utility manhole ring and cover
and water valve adjustments. The construction contract documents will include an
option for renewal, as may be determined by the City, for an additional two years, one
year at a time, providing the Contractor is on schedule, has demonstrated acceptable
quality of work, safety practices and management. Two bid schedules will be prepared
for Part A and Part B to permit awarding two contracts to two different contractors.
Scope of Services:
1. Preliminary Phase
• Confirm, evaluate, and field-verify existing site conditions. [City will provide record
information and data as available from City Engineering files.]
• Meet as needed with City staff and other Agencies to define the project concept and
identify any permitting or land acquisition requirements.
• Review and study the project scope and proposed budget as they relate to
construction feasibility.
• Review previously developed sketches, designs and/or engineering reports provided
by City.
• When required, submit written preliminary engineering letter report(s)for City review
and approval.
• Assimilate all review comments, modifications, additions/deletions and proceed to
next phase, upon Notice to Proceed.
12. Design Phase
Reauired,
• Develop and submit for review a 60% set of plans, (no specifications or bid
documents) with layout of the plans in the City of Corpus Christi's preferred format.
Must comply with the City of Corpus Christi Plan Preparation Standards.
EXHIBIT"A"
Page 1 of 4
• Furnish one (1) set plans to the City of Corpus Christi for review and comment. The
City shall assume cost for reproduction of additional sets.
• Develop and submit an opinion of probable construction cost for the project
improvements.
• Assimilate all review comments, modifications, additions/deletions and proceed to
next phase, upon written Notice to Proceed.
Optional.at City Discretion
• Prepare and submit for review a 90% set of construction drawings, plans, details,
contract documents, technical specifications, and bid documents in accordance with
the City of Corpus Christi's preferred format
• Provide the marked-up 60% review set so the City may determine that the
comments were incorporated into the 90%set.
• Furnish one (1)set plans to the City of Corpus Christi for review and comment. The
City shall assume cost for reproduction of additional sets.
• Develop and submit for review an opinion of probable construction costs within the
pre-determined budget constraint or,
• Recommend probable alternative bid items that may be needed to ensure that the
lowest responsible bid can be awarded within budget.
• Assimilate all review comments, modifications, additions/deletions, and proceed to
the final phase, upon Notice to Proceed.
Required
• Complete and submit a 100° complete set of construction drawings, plans,
details, contract documents, technical specifications, and bid documents in
accordance with the City of Corpus Christi's preferred standard format.
• Provide the marked-up 90% review set (if applicable, otherwise 60%) so the City
may determine that the comments were incorporated into the 100% set.
• Provide the final opinion of probable construction cost.
• Provide final alternative bid items that may be needed to ensure that the lowest
responsible bid is within budget.
• Furnish the City with both a reproducible set of plans with specifications and bid
documents for the bidding process, as well as the full documents in electronic
format.
• Prepare and submit documents to regulatory agencies having jurisdiction like TDLR,
TNRCC, TxDOT, etc. for review. Prepare required permits and agreements. Any
permit fees shall be paid by the City of Corpus Christi directly.
3. Bid Phase
• Attend the pre-bid conference chaired by City and assist City in defining, clarifying,
and responding to bidder questions with respect to project design, specifications,
materials, and methods.
• Prepare addenda, in preferred City format, necessary to inform contractors of
modifications and clarifications prior to bid date. The City's Engineering Services will
distribute any addendum.
• Attend the bid opening, tabulate bids according to the City Engineering Services
preferred standard format, and make recommendations concerning award.
14. Construction Phase
EXHIBIT"A"
Page 2 of 4
• Attend and participate at the pre-bid and pre-construction conferences, which will be
chaired by Engineering Services.
• Provide record drawings from contractor-prepared redlined marked-up set of
construction documents.
• Coordinate with the City inspector to authorize minor field alterations that do not
affect the contractors price and are not contrary to the interest of the City.
• Conduct a "final inspection" with City and Contractor, and make a recommendation
concerning final acceptance.
[OPTIONAL SERVICES]
Schedule:
1. Preliminary Phase Submittal Due _1_ weeks from Notice To Proceed
(NTP)
( TBD , 2015)
2. Design Phase: 60%Submittal Due 2 weeks of NTP
( TBD , 2015)
90%Submittal Due 3_weeks of NTP
L_TBD , 2015)
100%Bid Documents Due 4 weeks of NTP
, 2015)
3. Bid Phase 5 weeks of NTP
( TBD , 2105)
4. Construction Phase Until Final Acceptance by City
Fees:
A. Fees for NE services include:
• The necessary conferences and site visits for the preparation and execution of all
phases outlined herein.
• The production of construction and bidding documents in accordance with the City
format.
B. City of Corpus Christi Shall Supply or Reimburse the Following:
• All available base and/or site maps from City Engineering files
• Existing city utility layouts(water,wastewater, gas and drainage)
• Approval of preliminary conceptual designs and sketches
EXHIBIT"A"
Page 3 of 4
• All fees for reviews and/or inspections from Regulatory Agencies
• All printing and reproduction cost [through City approved vendor]
C. Summary of A/E Fees
1. Prelimina Phase— $3,000
2. Desk n Phase— $12,000
3. Bid Phase— $1,000
4. Construction Phase— $1,000
5. Optional Services $0
TOTAL FEE $17,000
Sincerely,
H.
Felix H. Ocanas, Jr., P.E.
Pres. ECMS. LLC
EXHIBIT"A"
Page 4 of 4
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%
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