HomeMy WebLinkAboutC2016-132 - 4/7/2016 - NA r
CITY OF CORPUS CHRISTI
Engineering Design Services
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 Boulevard, Corpus Christi, Nueces County, Texas 78408,
(Consultant), hereby agree as follows:
1. SCOPE OF PROJECT
Commodores Street at Park Road 22 Left Turn Lane Improvements (Project No.
E15226) -This project will provide final design services for the re-design and construction
of left turn improvements at Commodores Street and Park Road 22 which includes full
contract preparation and pre-award construction phase services.
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.
2016-132
4/07/16
Contract for Professional Services
LNV Inc. Page 1 of 8
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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 $41,050.00. Monthly invoices will be submitted in
accordance with Exhibit "B".
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
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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.
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
Contract for Professional Services
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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.
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
Contract for Professional Services
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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
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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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CITY OF CORPUS CHRISTI LNV, I C.
ihaka4 013,44, g,�/�
Ronaldvalson, Date 'or- D yendecker, P.E. ate
City Manager President
801 Navigation Boulevard, Suite 300
Corpus Christi, Texas 78408
RECOMMENDED (361) 883-1984 Office
171//(� (361) 883-1986 Fax
C� 1&i
Mark Van Vleck, P. E.
Assistant City ani ger of
Pu• 'c W r - d !ties
'ties
‘%. yA
V Q rie H. a ra , P. E. 'Fee Date
Executive Director if Pub is Works
APPROVED AS TO LEGAL FORM
Aimee Alcorn-Reed
2016.03.2411:25:05-05'00'
Legal Department Date
Contract for Professional Services
Pane 7 of a
K010tNEER1NGDATA ;k4AN(-Itt IWNiti i 1g. wivta o Lti,/WOW LAM*APStara-.k-+ r 6.a.acctiatty out,
Commodores Street at Park Road 22 Left Turn Lane Improvements
Project No. E15226
Amount: $41,050
Accounting Unit: 3551-051
Account: 550950
Activity: E15105 01 3551 EXP
Account Category: 50950
Fund Name: Street 2015 GO Bond 2014
Contract for Professional Services
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•
•
LNV Solutions Today with a
Vision for Tomorrow
engineers architects contractc s
March 2, 2016
J.H. Edmonds, P.E.
Director of Engineering Services
City of Corpus Christi
P.O. Box 9277
Corpus Christi, TX 78469-9277
RE: Revised Proposal—Left-Turn Lane Improvements on Commodores Drive at Park Road 22
LNV Proposal No. 150535.000.1
Dear Mr. Edmonds:
Please allow this letter to serve as our formal proposal to provide Professional Engineering Services as
described below.
SCOPE OF SERVICES:
PS&E TO EXTEND LEFT-TURN LANE BAY ON COMMODORES DRIVE AT PARK ROAD 22
This scope includes providing design phase services for extending the left-turn lane queueing length on
Commodores Drive at Park Road 22. These improvements were identified in a memorandum dated
6/19/2014 from the City Traffic Engineer to the Executive Director of Public Works for the City. They will
serve as an interim improvement only, and are not a long-term or comprehensive solution to alleviate
traffic congestion in this vicinity. No traffic impact analysis (TIA)was previously prepared for this area,
and no traffic analysis is included in this scope of services. The proposed improvements are
considered to be the best temporary enhancement with minimal construction cost, without acquiring
additional right-of-way or widening the existing pavement. The purpose of this proposed enhancement
is to improve left-turn movements from Commodore Drive to Park Road 22 for local traffic.
Construction phase services are not included in this scope of services.
1. Conduct topographic survey for Commodores Drive between Compass Street and
Park Road 22.
2. Review ROW maps provided by City.
3. Prepare drawings in substantial accordance with the proposed layout(attached) provided by
the City to include:
a. Iceneral notes.
b. Topo survey.
c. Estimated quantities.
d. Traffic control plan, sections, details and notes.
e. Demolition and removal summary.
f. Pavement and curb repair plan and details.
g. Lighting conduit plan and details.
h. Pavement marking plan and details.
i. SWPPP.
4. Coordination meetings with City.
LEFT-TURN LANE IMPROVEMENTS ON PAGE 1 OF 3
COMMODORES DR AT PARK RD.22
EXHIBIT "A"
Page 1 of 3
. •
•
L! VSolutions Today with a
Vision for Tomorrow
engineers architects I contractors
5. Coordination with AEP for new light poles.
6. Prepare bid proposal and other contract documents.
7. Provide project specifications using current City standard specifications and technical
specifications.
8. Develop bid quantities.
9. Prepare opinion of probable construction costs.
10. Internal QA/QC review.
11. Submit 100% pre-final PS&E to City for review.
12. Assimilate and address City comments.
13. Issue final signed/sealed plans (11" x 17")and contract documents.
14. Prepare draft authorization to advertise.
15. Attend pre-bid meeting.
16. Assist City in solicitation of bids.
17. Prepare responses to pre-bid inquiries.
18. Prepare addenda for issuance to bidders.
19. Attend bid opening.
20. Evaluate and tabulate bids.
21. Prepare recommendation for award of construction contract.
• The City will provide all services for advertising the project for bidding.
• The City will provide construction inspection and administration services for the
project.
• The City will provide right-of-way maps for the entirety of the project limits. LNV will
rely on these ROW maps in lieu of conducting a ROW survey.
• The City will provide coordination with TxDOT for this project.
FEE:
The lump sum fee for these professional services is $41,050.
LEFT-TURN LANE IMPROVEMENTS ON PAGE 2 OF 3
COMMODORES DR.AT PARK RD.22
EXHIBIT "A"
Page 2 of 3
. • •
LNVSolutions Today with a
Vision for Tomorrow
engineers architects contractors
We appreciate the opportunity to provide these professional services to the City of Corpus Christi.
Sincerely,
LNV, Inc.
TBPE No. F-366
47/otk
. an Burton, P.E., CFM
Principal/Vice President
attachments: Memorandum dated 6/19/2014
Proposed Layout Exhibit
cc: Jerry Shoemaker, P.E.
Jeff Rotman, P.E.
LEFT-TURN LANE IMPROVEMENTS ON PAGE 3 OF 3
COMMODORES DR.AT PARK RD.22
EXHIBIT "A"
Page 3 of 3
Basic Services:
Preliminary Phase
Design Phase
Bid Phase
Construction Phase
Subtotal Basic Services
Additional Services:
Permitting
Warranty Phase
Inspection
Platting Survey
O & M Manuals
SCADA
Subtotal Additional Services
Summary of Fees
Basic Services Fees
Additional Services Fees
Total of Fees
0
ao
COMPLETE PROJECT NAME
Project No. XXXX
Invoice No. 12345
Invoice Date:
Total
Contract Amd No. 1 Amd No. 2 Contract
Amount
Invoiced
Previous
Invoice
Total
Invoice
Percent
Complete
$1,000
$0
$0
$1,000
$0
$1,000
$1,000
100%
2,000
1,000
0
3,000
1,000
500
1,500
50%
500
0
250
750
0
0
0
0%
2,500
0
1,000
3,500
0
0
0
0%
$6,000
$1,000
$1,250
$8,250
$750
$1,500
$2,500
30%
$2,000
$0
$0
$2,000
$500
$0
$500
25%
0
1,120
0
1,120
0
0
0
0%
0
0
1,627
1,627
0
0
0
0%
TBD
TBD
TBD
TBD
TBD
TBD
TBD
0%
TBD
TBD
TBD
TBD
TBD
TBD
TBD
0%
TBD
TBD
TBD
TBD
TBD
TBD
TBD
0%
$2,000
$1,120
$1,627
$4,747
$500
$0
$500
11%
$6,000
$1,000
$1,250
$8,250
$750
$1,500
$2,500
30%
2,000
1,120
1,627
4,747
500
0
500
11%
$8,000
$2,120
$2,877
$12,997
$1,250
$1,500
$3,000
23%
Sample form for:
Payment Request
Revised 07/27/00