HomeMy WebLinkAboutC2016-091 - 2/23/2016 - NA r r ,
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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 LNV. Inc. , a Texas
corporation, 801 Navigation,Suite 300, Corpus Christi,Texas 78408, (Consultant), hereby
agree as follows:
1. SCOPE OF PROJECT
Engineering Support for the 48-inch Transmission Main Repair at Callicoate Road
(Project No. E16243)—This project is for on-call support and technical assistance for the
City's 48-inch waterline repairs at Callicoate Road. The project includes hydraulic
modeling of the transmission main closure for the repair event to verify the status and
operability of the 60-inch transmission main valves as well as contingency plan.
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.
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 $20,840.00. Monthly invoices will be submitted in
arrnrrianr.P with Exhibit "B".
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R\WATER\E16243 ENGINEERING SUPPORT FOR 48 IN TRANSMISSION MAIN REPAIR AT CALLICOATE
LNV Inc. INDEXED
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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
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.
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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 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.
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.
Contract for Professional Services
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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.
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
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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
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
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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/govern ment/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.
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CI •F CO-p ' RISTI LNV, C. /614
k g.2-5 2/04.
Valeie H. Gr_y, P.: . Date "Or- Dan . Leyendecker, P.E. Date
Ex- •utive Dire •r 1 f Publi Works President
801 Navigation, Suite 300
Corpus Christi, Texas 78408
(361) 883-1984 Office
APPROVED AS TO LEGAL FORM (361) 883-1986 Fax
Aimee Alcorn-Reed mhinojosa@Invinc.com
2016.02.17 15:57:19-06'00'
Legal Department Date
Project Name Engineering Support for the 48-inch
Transmission Main Repair at Callicoate Road
Project Number El 6243
Accounting Unit 4010-31010-062
Account 530000
Activity El 6243014010EXP
Account Category 30000
Fund Name Water Operating
Amount $20,840 (Original Contract)
Contract for Professional Services
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LNv.
engineers architects contractors Solutions Today with a
TBPE No. F-366 Vision for Tomorrow
February 5, 2016
Mr. Jerry Shoemaker, P.E.
Acting Director, Capital Programs
City of Corpus Christi
1201 Leopard St.
Corpus Christi, TX 78401
Re: ENGINEERING SUPPORT FOR THE 48 INCH TRANSMISSION MAIN REPAIR AT CALLICOATE
ROAD
CITY PROJECT NO. (TBD)
Dear Mr. Shoemaker,
In response to the City's request, please allow this letter to serve as our formal contract for initiating
Engineering services for the 48 inch transmission main repair at Callicoate Road 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 above referenced project. This effort
involves on-call support and technical assistance for the City Staff's 48" waterline repairs on Callicoatte Rd.
The Engineer will attend coordination meetings, perform hydraulic modeling of transmission main closure for
repair event, and coordinate with the City's Distribution Staff to verify the status and operability of the 60"
transmission main valves.
I. SCOPE OF SERVICES:
A. Additional Services
1. Engineering Support for the 48 Inch Transmission Repair at Callicoate Rd.
a. On-Call Support
The A/E will:
i. Attend up to six (6) coordination meetings
ii. Provide support for Maintenance staff during waterline repair activities
iii. Coordinate with the City Distribution Staff to verify the status and operability of the 60"
transmission main valves
iv. Assist, as necessary, in establishing a contingency by supporting the City Water Quality
Staff's verification that the water quality in the 60 inch transmission main is adequate for
customer delivery if needed during the 48 inch transmission main repairs
SMALL A/E AGREEMENT
EXHIBIT "A"
Page 1 of 3
b. Hydraulic Modeling of Transmission Main Closure
The NE will:
i. Examine the potential effects in the City's distribution system for three transmission
operation alternatives
1. A single 48 inch transmission line in operation
2. A single 60 inch transmission line in operation
3. A single 48 inch transmission line in operation in addition to the single
60 inch transmission line
ii. Provide the City with results from the modeling, showing pressures and customers
affected for each alternative
iii. Prepare a Draft and Final Modeling Analyses Report for the City's records
II. SCHEDULE:
Task Description Completion Date
Notice to Proceed TBD
1. Draft Hydraulic Modeling Analyses Report 60 days after NTP
1. Final Hydraulic Modeling Analyses Report 60 days after Draft submittal
SMALL NE AGREEMENT
EXHIBIT"A"
Page 2 of 3
Ill. FEES:
A. Fee for Basic Services. The City will pay the NE 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 in Section I.A.1-4
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, NE will submit monthly
statements for services rendered. The statement will be based upon NE'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 A/E's monthly statements.
B. Fee for Additional Services. Fee for Additional Services: Fees for Additional Services
shown in the following table are an allowance for potential services to be provided as part of
the project, and are subject to modification by the OWNER based on the actual needs of the
project. Work will not begin on any Additional Services until requested in writing by the
SUBCONSULTANT and ENGINEER, and until written authorization to proceed with the
additional services is provided by the OWNER's Director of Engineering Services. Fees for
Additional Services will be negotiated by the OWNER's Director of Engineering Services, the
ENGINEER, and the SUBCONSULTANT as required. Following successful negotiation of Fees
for Additional Services, ENGINEER will pay SUBCONSULTANT a fixed, not-to-exceed fee for
providing additional services. SUBCONSULTANT's invoice for additional services shall be
based upon SUBCONSULTANT's estimate (and ENGINEER's Concurrence) of the proportion
of the total services actually completed at the time of billing.
Summary of A/E Fees:
FEE SUMMARY
A. Additional Services
1. Engineering Support for the 48-inch
Transmission Repair at Callicoate Rd. $20,840
Subtotal Additional Services $20,840
TOTAL FEE $20,840
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,
Lo n W. Burton, P.E.
Vice President
SMALL A/E AGREEMENT
EXHIBIT "A"
Page 3 of 3
EXHIBIT B
SAMPLE PAYMENT REQUEST FORM
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%
0&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%
Contract for Professional Services
Exhibit B