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HomeMy WebLinkAboutC2016-105 - 3/1/2016 - NA , , r CITY OF CORPUS CHRISTI CONTRACT FOR PRELIMINARY ENGINEERING 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 Boulevard, Suite 300, Corpus Christi, Texas 78408, (Consultant), hereby agree as follows: 1. SCOPE OF PROJECT Corpus Christi Aquifer Storage and Recovery Conservation District (CCASRCD) Rules and Regulations Update (Prolect No. E16249) — This project is for professional services to produce a completely updated rules and regulations for the CCASRCD that complies with the Texas Water Code Chapter 36 and meets the goals of the district. 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 $8,000.00. Monthly invoices will be submitted in 2016-105 ' 3/01/16 Contract for Professional Services LNV Inc. Page 1 of t\WATER\E16249 CCASRCD RULES AND REGULATIONS\CONTRACT.DOC r , r + 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 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 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 hereunder until Consultant demonstrates compliance with the requirements hereof. Contract for Professional Services Page 4 of 7 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 modified plans. Contract for Professional Services Page 5 of 7 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 CIO, please review the information on the City Secretary's website at http://www.cctexas.com/qovernment/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 • CI OF CO- ' CHRIS / LNV, IN ` �i LIQ► i'/! '�G' '��% V.Q•rie H. G -y, ".E. It itto Da Dan ST - r er, P.E. Date Executive Dir- - • of - • is Works Presid- 801 Navigation, Suite 300 Corpus Christi, Texas 78408 (361) 883-1984 Office (361) 883-1986 Fax APPROVED AS TO LEGAL FORM Aimee Alcorn-Reed 2016.02.25 17:17:03-06'00' Legal Department Date Project Name: Corpus Christi Aquifer Storage and Recovery Conservation District Rules and Regulations Update Project Number El 6249 Accounting Unit 4010-30230-072 Account 530000 Activity El 6249014010EXP Account Category 30000 Fund Name Water Operating This is the original contract for$8,000 Contract for Professional Services Page 7 of 7 LNV engineers I architects I contractors Solutions Today with a Vision for Tomorrow February 11, 2016 Proposal No. 150619.000.1 Mr. Daniel Deng, P.E. Major Projects Engineer Department of Engineering Services City of Corpus Christi 1201 Leopard St. Corpus Christi,TX 78401 Re: Proposal for the Corpus Christi Aquifer Storage and Recovery Conservation District Rules and Regulations(CCASRCD)Update Dear Mr. Deng: LNV, Inc. (LNV) is pleased to submit this proposal to provide professional services to update the Corpus Christi Aquifer Storage and Recovery Conservation District (CCASRCD) Rules and Regulations document pursuant to Chapter 36 of the Texas Water Code(TWC). SCOPE OF SERVICES It is LNV's understanding that the CCASRCD would like to update the rules and regulations of the District to comply with current TWC statues and to replace interim sections with permanent sections. LNV proposes to: • Compare the former TWC Chapter 36 statute, adopted in 2013, to the current 2015 adopted TWC Chapter 36; • Update and revise the CCASRCD rules and regulations document (Version dated 4-18-2013) to comply with the current TWC statute;and • Update any interim sections currently in the CCASRCD document related to the statute*. *Please note that interim section updates which are not based on the statute will require input by the CCASRCD and/or City of Corpus Christi if they are to be included in the document updates. DELIVERABLE LNV will provide a draft copy of the updated rules and regulations document to the CCASRCD for review. Any edits or changes made by the CCASRCD will be applied and LNV will provide a final copy of the document. LNV anticipates delivery of the final copy of the document within 20 to 30 business days after receiving comments from the City. FEE LNV proposes to complete the above listed Scope of Services for a lump sum fee of$9,000.00. Invoicing will be submitted on a monthly basis for work completed. 801 NAVIGATION I SUITE 300 I CORPUS CHRISTI,TEXAS 78408 OFFICE 361.883.1984 I FAX 361.883.1986 I WWW LNVINC.COM EXHIBIT "A" Page 1 of 2 • Mr.Deng February 11,2016 CCASRCD Paget Any additional services requested by the City and performed outside of the listed scope will be performed as additional services and billed separately in accordance with our standard fees for professional services with approval of the Client. ACCEPTANCE We appreciate the opportunity to be of service to you and look forward to beginning work on this project. If our proposal is acceptable, a written contract can be executed to authorize work. If you have any questions, please feel free to contact Jacalyn Gorczynski (jgorczynski@Invinc.com), Glenda Swierc (gswierc@Invinc.com), or Amy Hesseltine (ahesseltine@Invinc.com), or via our office phone, at 361-883- 1984. Sincerely, LNV, Inc. Amy R. Hesseltine, PE Project Manager cc: Brent Clayton, City of Corpus Christi Copies Submitted: Brent Clayton via email(BrentC@cctexas.com) Jiangang (Daniel) Deng via email (JiangangD@cctexas.com) 801 NAVIGATION I SUITE 300 I CORPUS CHRISTI,TEXAS 78408 OFFICE 361.883.1984 FAX 361.883 1986 I WWW.LNVINC.COM EXHIBIT "A" Page 2 of 2 EXHIBIT B SAMPLE PAYMENT REQUEST FORM Sample form for COMPLETE PROJECT NAME Payment Request Revised 0727/00 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 1500 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 LNVIN-1 OP ID:BGM ACORD' CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDmvY) 02/16/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Brandy Mattox,ACSR,CISR Carlisle Insurance Agency,Inc PHONE FAX Corpus Christi Office (A/C,No,E,t):361-664-4348 (ac,No);361-664-1822 500 N Water Suite 900 AIL ADDREss:brandym@carlisleins.com Corpus Christi,TX 78401-0234 Daniel C Carlisle,CIC INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Columbia Mutual Insurance Co INSURED LNV Inc INSURER B:Philadelphia Indemnity Ins Co 801 Navigation Blvd.Ste 200 INSURER C:Commerce&Industry 19410 Corpus Christi,TX 78408 INSURER D:Texas Mutual Insurance Co 22945 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE W /Y ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD VD POLICY NUMBER (MM/DDYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE PREMISAM X OCCUR BOPTX0000094495 04/06/2015 04/06/2016 PAGEES lS Ea RENTEDoccurrence) $ 300,000 ( MED EXP(Any one person) $ 10,000 PERSONAL 8 ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JE LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) B X ANY AUTO PHPK1377034 08/09/2015 08/09/2016 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS (Per accident) $ UMBRELLA LIAB X OCCUR _EACH OCCURRENCE $ 5,000,000 C X EXCESS LIAB CLAIMS-MADE 6E065159774 04/06/2015 04/06/2016 AGGREGATE $ 5,000,000 DED RETENTION$ $ WORKERSCOMPENSATIONPER X STATUTE OTH- ER AND EMPLOYERS'LIABILITY D ANY PROPRIETOR/PARTNER/EXECUTIVE Y N N/A TSF0001285499 04/06/2015 04/06/2016 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 B yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Engineer Consultants-State of Texas Project:CCASRCD Rules and Regulations Document Update(Project E16249) 30 Day Notice of Cancellation applies to all lines of coverage CERTIFICATE HOLDER CANCELLATION CITYCC2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Corpus Christi Attn:Engineering Services PO Box 9277 AUTHORIZED REPRESENTATIVE Corpus Christi,TX 78469 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD • NOTEPADLNVIN-1 PAGE 2 INSURE D'S NAME LNV Inc OP ID:BGM Date 02/16/2016 Form #805000811 The General Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. Form #805000811 The General Liability policy includes a blanket automatic additional insured - Completed Operations endorsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. Form #805000811 The General Liability policy contains a special endorsement with "Primary and Noncontributory wording. Form #805000811 The General Liability policy includes a blanket automatic waiver of subrogation endorsement that provides waiver of subrogation status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. Form #PICA003 The Commercial Auto policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. Form #PICA001 The Commercial Auto policy includes a blanket automatic waiver of subrogation endorsement that provides waiver of subrogation status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. Form #WC420304B The Workers Comp policy includes a blanket automatic waiver of subrogation endorsement that provides waiver of subrogation status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. Excess Liability is Follow Form