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HomeMy WebLinkAboutC2016-091 - 2/23/2016 - NA r r , • 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". 2016-091 Contract for Professional Services 2/23/16 Page 1 of 7 R\WATER\E16243 ENGINEERING SUPPORT FOR 48 IN TRANSMISSION MAIN REPAIR AT CALLICOATE LNV Inc. INDEXED • 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. Contract for Professional Services Page 2 of 7 K:\ENGINEERING DATAEXCHANGEUENNIFER\WATER\E16243 ENGINEERING SUPPORT FOR 48 IN TRANSMISSION MAIN REPAIR AT CALLICOATE RD\CONTRACT.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 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 Page 3 of 7 K:\ENGINEERING DATAEXCHANGEWENNIFER\WATER\E16243 ENGINEERING SUPPORT FOR 48 IN TRANSMISSION MAIN REPAIR AT CALLICOATE RD\CONTRACT.DOC 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 Contract for Professional Services Page 4 of 7 K:\ENGINEERING DATAEXCHANGEUENNIFER\WATER\E16243 ENGINEERING SUPPORT FOR 48 IN TRANSMISSION MAIN REPAIR AT CALLICOATE RD\CONTRACT.DOC 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 Contract for Professional Services Page 5 of 7 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16243 ENGINEERING SUPPORT FOR 48 IN TRANSMISSION MAIN REPAIR AT CALLICOATE RD\CONTRACT.DOC 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. Contract for Professional Services Page 6 of 7 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16243 ENGINEERING SUPPORT FOR 48 IN TRANSMISSION MAIN REPAIR AT CALLICOATE RD\CONTRACT.DOC • • • • 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 Page 7 of 7 K:\ENGINEERING DATAEXCHANGE1JENNIFER\WATER:E16243 ENGINEERING SUPPORT FOR 48 IN TRANSMISSION MAIN REPAIR AT CALLICOATE RDICONTRACT.DOC • 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