HomeMy WebLinkAboutC2016-156 - 4/13/2016 - NA •CITY OF CORPUS CHRISTI
CONTRACT FOR
CONSTRUCTION INSPECTION / CONSTRUCTION OBSERVATION
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 Lockwood,Andrews&
Newnam, Inc., a Texas corporation, 500 N. Shoreline Boulevard, Suite 905, Corpus
Christi, Nueces County, Texas 78401, (Consultant), hereby agree as follows:
1. SCOPE OF PROJECT
Construction Inspection Staff Augmentation (David Lopez) (E16247) — Construction
Inspector will work directly under the supervision of City's Construction Services
Department in providing Quality Assurance services and to assist in expediting the
contractor's progress by minimizing conflicts and conflict resolution, identifying change
order potential, detailing deficient work and repairs and other support related services.
Contract Inspector will be required to keep detailed daily inspection reports on provided
City forms. Requirements will include producing and organizing the following
documentation:
• Construction Contractor Progress including installed and completed work, construction
crew and equipment available on site, and contract specific conversations held on site
concerning construction issues.
• Daily and Weekly construction photos including proper labeling/filing of same.
• Testing lab results with immediate alerts to City Staff of failures.
• Rain days, lost time due to heavy rains, completion of monthly time statements.
• Project coordination meetings (conducted by Inspector).
• Any site related activity which may impact future / past progress or activity which may
significantly impact the construction quality.
• Review of all contract documents, Specifications, Plans, Drawings, Addendums and
other project-related reports.
• Schedule and coordinate the location and frequency of required tests per the
specifications with the City's approved materials testing lab.
• Work closely with City Department personnel in coordination of construction related
activities.
• Attend project and coordination meetings.
• Review construction contractor Payment Requests, including coordination and
acceptance of quantities.
• Review and coordinate all approved change orders, field orders and changes.
• Communicate with local businesses and residents including meeting with and
documenting any citizen or business related concerns or requests.
2016-156
04/13/16
Contract for Professional Services
Page 1 of 6
P\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION\LAN DAVID 'NDEXE[
Lockwood,Andrews & Newnam,
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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 $48,720.00. 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.
Contract for Professional Services
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LOPEZ\CONTRACT LAN DAVID LOPEZ DOC
t ,
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
Consultant agrees to comply with the insurance requirements in Exhibit "C".
7. TERMINATION OF CONTRACT
The City may terminate this contract for convenience upon seven days written notice to the
Consultant at the address of record. The City may terminate this agreement for cause
upon ten days written notice to the Consultant. If Consultant begins, within three days of
receipt of such notice, to correct its failure and proceeds to diligently cure such failure
within the ten days, the agreement will not terminate.
In the event of termination, 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.
Contract for Professional Services
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LOPEZ\CONTRACT LAN DAVID LOPEZ DOC
10.OWNERSHIP OF DOCUMENTS
All documents including contract documents (plans and specifications), record drawings,
contractor's field data, inspection reports 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.
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
For contracts that exceed $50,000, Consultant agrees to comply with Texas Government
Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of
this agreement.
Form 1295 requires disclosure of "interested parties" with respect to entities that enter
contracts with cities. These interested parties include:
(1) persons with a "controlling interest" in the entity, which includes:
a. an ownership interest or participating interest in a business entity by virtue
of units, percentage, shares, stock or otherwise that exceeds 10 percent;
b. membership on the board of directors or other governing body of a
business entity of which the board or other governing body is composed
of not more than 10 members; or
c. service as an officer of a business entity that has four or fewer officers, or
service as one of the four officers most highly compensated by a business
entity that has more than four officers.
(2) a person who actively participates in facilitating a contract or negotiating the terms
of a contract with a governmental entity or state agency, including a broker,
intermediary, adviser or attorney for the business entity.
Form 1295 must be electronically filed with the Texas Ethics Commission at
https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be
printed, signed, notarized and filed with the City. For more information, please review the
Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html.
Contract for Professional Services
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•
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.
CITY OF CORPUS CHRISTI LOCKWOOD, AND- - WS &
NEWNA , INC.
C941t. 46I , 11e ' 4 , �h
Ronald L. Olso , ate Scott M. ar 's, P.' . D. e
City Manager Regional Manger
500 N. Shoreline Blvd., Suite 905
Corpus Christi, TX 78401
R ,OM ' • a A (361) 882-2257 Office
smharris@Ian-inc.com
vA,
rie H. C ray, ' E., V .to
-cutive Di -cto of Pugh orks
/777(2 #10‘
Mark an Vleck, P. E., Date
Assistant City Manager
APPROVED AS TO LEGAL FORM
Aimee Alcorn-Reed
2016.04.13 14:02:44-05'00'
Legal Department Date
Contract for Professional Services
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•
Construction Inspection Staff Augmentation (Project Number E16247)
LAN, Inc. (David Lopez)
Total Contract Amount: $48,720
$16,240
Accounting Unit: 3549-051
Account: 550910
Activity: E12092 01 3549 EXP
Account Category: 50910
Fund Name: Street 2013 GO Bond 2012
$16,240
Accounting Unit: 3549-051
Account: 550910
Activity: E12090 01 3549 EXP
Account Category: 50910
Fund Name: Street 2013 GO Bond 2012
$16,240
Accounting Unit: 3549-051
Account: 550910
Activity: E12099 01 3549 EXP
Account Category: 50910
Fund Name: Street 2013 GO Bond 2012
Contract for Professional Services
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LOPEZ\CONTRACT LAN DAVID LOPEZ DOC
c� ,
. _ • •
Lockwood,Andrews
&Newnam,Inc.
A LEO A DALY COMPANY
March 22, 2016
Mr.Jeff H. Edmonds, P:E.
Director of Engineering Services
City of Corpus Christi
1201 Leopard Street
Corpus Christi,Texas 78401
Reference: RFP 2015-07 Construction inspection Staff Augmentation Services
Dear Mr. Edmonds:
At your request, Lockwood Andrews& Newnam, Inc. (LAN) is providing you with this proposal for David
Lopez, a full-time employee of LAN, to augment existing City of Corpus Christi staff to provide
construction inspection services for the City's Construction Services Department. The scope of services
with which he will perform are outlined in RFP 2015-07 and extruded in Attachment A, as our
acknowledgement of understanding.
David will perform these services in accordance with the rate sheet provided to you on Page 16 of our
November 18th, 2015 response to the RFP; his rate is $87.00/hour. David is immediately available to
work for 14 weeks for a total Small A/E contract amount of $48,720.00. LAN assumes that this contract
will be renewed to allow for his employment on a 12-18 month project at the same rate above. Mr. Lopez
is available to begin immediately upon execution of the Small A/E contract.
LAN understands that we will be responsible for providing any and all resources necessary to accomplish
the services including personal protective equipment, computers, cell phone, and local transportation.
We recognize that the City has now come to rely more heavily on consulting engineers to help deliver the
hundreds of millions of dollars of projects to the public; LAN is here to support. We have an available,
highly qualified, professional work force at your disposal supported by the best in the business.
Should you have any questions or require additional information, please contact me directly at 361-876-
6395.
Sincerely,
Scott M. arra , P.E.
Regional Manager
Copy: Chris Hale, P.E.
500 N.Shoreline Blvd,Suite 905 • Corpus Christi,Texas 78401 • 361.882.2257 • www.lan-inc.com
EXHIBIT "A"
Page 1 of 2
•
CI Augment David Lopez Proposal
March 22,2016
Page 2
ATTACHMENT A
SCOPE OF WORK
(EXTRUDED FROM RFP 2015-07)
Contracted Construction Inspectors (Contract Inspectors) will work directly under
the supervision of City's Construction Services Department in providing Quality
Assurance services and to assist in expediting the contractor's progress by
minimizing conflicts and conflict resolution, identifying change order potential,
detailing deficient work and repairs and other support related services. Contract
Inspectors should be available to start immediately upon award of contract.
Contract Inspectors will be required to keep detailed daily inspection reports on
provided City forms. Requirements will include producing and organizing the
following documentation:
• Construction Contractor Progress including installed and completed work,
construction crew and equipment available on site, and contract specific
conversations held on site concerning construction issues.
• Daily and Weekly construction photos including proper labeling/filing of same;
• Testing lab results with immediate alerts to City Staff of failures.
• Rain days, lost time due to heavy rains, completion of monthly time
statements.
• Project coordination meetings (conducted by Inspector),
• Any site related activity which may impact future / past progress or activity
which may significantly impact the construction quality,
Some of the required tasks may include the following:
• Review of all contract documents, Specifications, Plans, Drawings,
Addendums and other project-related reports.
• Schedule and coordinate the location and frequency of required tests per the
specifications with the City's approved materials testing lab.
• Work closely with City Department personnel in coordination of construction
related activities.
• Attend project and coordination meetings.
• Review construction contractor Payment Requests, including coordination
and acceptance of quantities.
• Review and coordinate all approved change orders, field orders and changes.
• Communicate with local businesses and residents including meeting with and
documenting any citizen or business related concerns or requests.
EXHIBIT "A"
Page 2 of 2
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
v
ID
CO
CD
0
1
i
..8.. II8IHX3
COMPLETE PROJECT NAME
Project No. XXXX
Invoice No. 12345
Invoice Date:
Total
Contract Amd No. 1 Amd No. 2 Contract
Amount Previous
Invoiced 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
EXHIBIT "C"
Insurance Requirements
Staff Augmentation Contracts
1.1 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.
1.2 Consultant must furnish to the Director of Engineering Services with the signed
agreement a copy 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.
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) $500,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS' COMPENSATION Statutory
(All States Endorsement if Company is
not domiciled in Texas)
Employer's Liability $500,000 /$500,000 /$500,000
EXHIBIT "C"
Page 1 of 3
1.3 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.
1.4 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.
1.5 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.
1.6 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
1.7 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:
1.7.1 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;
1.7.2 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;
1.7.3 Workers' compensation and employers' liability policies will provide a
waiver of subrogation in favor of the City; and
1.7.4 Provide thirty (30) calendar days advance written notice directly to City of
any suspension, cancellation, non-renewal or material change in
EXHIBIT "C"
Page 2 of 3
coverage, and not less than ten (10) calendar days advance written notice
for nonpayment of premium.
1.8 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.
1.9 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.
1.10 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.
1.11 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.
1.12 It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
EXHIBIT "C"
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