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HomeMy WebLinkAboutC2016-198 - 5/20/2016 - NA • 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 200, Corpus Christi, Nueces County, Texas 78408, (Consultant), hereby agree as follows: 1. SCOPE OF PROJECT City of Corpus Christi Water Quality Assessment(Project No. E16285) -This project will provide the City with a water quality assessment to determine the current City-wide water quality and to review current and potential water quality issues. The Consultant will provide a technical memorandum presenting the results of the assessment and any recommendations to address the water quality issues. 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 2016-198 of to exceed $45,000.00. Charges will be based on Time and 5/20/16 ces will be submitted in accordance with Exhibit "B". LNV Inc. Contract for Professional Services Page 1 of 5. EXEK:\ENGINEERING DATAEXCHANGEWENNIFER\WATER\E16285 CITY WATER QUALITY ASSESSMENTICONTRACT.DOC ND 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 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. Contract for Professional Services Page 2 of 5 K:\ENGINEERING DATAEXCHANGEUENNIFER\WATER\E16285 CITY WATER QUALITY ASSESSMENT\CONTRACT.DOC • • 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, 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; Contract for Professional Services Page 3 of 5 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16285 CITY WATER QUALITY ASSESSMENT\CONTRACT.DOC • 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. 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 https//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 LNV INC. f 8.841. 5/i41i4, Ronald L. on Date ./ r- I/ S. Leyendecker, P.E. Date City Manager President 801 Navigation, Suite 200 Corpus Christi, Texas 78408 [� -- -� 2d /� (361) 883-1984 Office Mark Van Vleck,Ma. Da e (361) 883-1986 Fax Assistant City Manager mhinojosa@Invinc.com Contract for Professional Services Page 4 of 5 K ENGINEERING DATAEXCHANGEUENNIFERIWATER1E16285 CITY WATER QUALITY ASSESSMENTCONTRACT DOC • • ne&L c// f 1-rie H. B ray, 7.E. Date E -cutive Dir-ct• of ' •lic Works 7OMMENDED J �J O5-)/6 perating De•artme-t Date APPROVED AS TO `L/EGAL FORM thAft -�.a i � ��'-Cthv /'�eJ6/i ik i l Legal Department Date A" 'OVED *- Slik •' ice of Management " Date and Budget Project Name City of CC Water Quality Assessment Project Number E16285 Accounting Unit 4091-041 Account 550950 Activity E16285014091 EXP Account Category 50950 Fund Name Water 2012B RVBD This is a new contract for $45,000.00 Contract for Professional Services Page 5 of 5 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16265 CITY WATER QUALITY ASSESSMENT\CONTRACT.DOC . • . . LNV Solutions Today with a engineers I architects contractors Vision for Tomorrow May 16, 2016 J.H. Edmonds, P.E. Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 Re: CITY OF CORPUS CHRISTI WATER QUALITY ASSESSMENT City Project No. EX0( E j(o aS LNV Proj. No. 160352 Dear Mr. Edmonds: In response to the City's request, LNV is proposing the following small A/E contract for a total fee not to exceed $45,000. The purpose of this contract is to assist the City in evaluating and/or assessing the water quality related to the presence of reduced chlorine residuals, along with developing a preliminary list of helpful action items that may be implemented. Project Description: The City of Corpus Christi, Texas, hereinafter called "City", and LNV, Inc., hereinafter called "Engineer", agree to the following contract for engineering and consulting services to perform tasks related to the mitigation of the water quality concerns that the City has expressed. This project allows the Engineer to review current and potential water quality issues, such as taste and odor problems, low disinfectant residual, turbidity, total coliform, nitrification monitoring, etc. within the treatment facilities, distribution system and/or water supply sources, and to evaluate potential strategies to minimize any water quality or operational issues that currently exist or may be discovered throughout the review of the City's water treatment and distribution system. Scope of Services: The Engineer will conduct a thorough City-wide water quality assessment to determine the current water quality throughout the City and to review the current and potential water quality issues that may be experienced by the City. The water quality assessment will include an analysis of the water sources that are treated by the City, the water treatment unit processes that are employed by the City at O.N. Stevens Water Treatment Plant, and the City-wide water distribution system, including the management and operation of all ground storage tanks, elevated storage tanks, and water distribution lines. The Engineer will evaluate strategies for reducing current and potential water quality issues using a variety of water quality assessment methods. The methods of conducting the water quality assessment include, but are not limited to, the following: • Hydraulic Modeling • Uni-directional Flushing (UDF) Plan Assessments • Water Quality Data Analysis • Water Quality Monitoring Analysis • Water Quality Surveys • Process Audits SMALL A/E AGREEMENT EXHIBIT"A" 801 NAVIGATION I SUITE 200 I CORPUS CHRISTI,TEXAS 78408 Page 1 of 2 OFFICE 361.883.1984 I FAX 361.883.1986 I WWW.LNVINC.COM • • Deliverables: At the conclusion of the water quality assessment, the Engineer will provide a technical memorandum,which documents the results of the assessment, along with any recommendations to address the water quality issues. Fees: This is a Time and Materials (T&M) Contract with a budget cap of$45,000. The monthly invoiced payment to the Engineer is based on actual working hours and associated expenses, as well as the hourly rates. The fees will be based on the agreed-to hourly rates provided in ATTACHMENT 1. The Engineer is required to submit a detailed and approved man-hourly breakdown accompanying the monthly invoice paper work to the Engineering Services for payment. If you have any questions or if you would like to discuss in more detail, please feel free to call me at 361-883-1984. Sincerely, LNV, Inc. TBPE Firm No. F-366 1#4/1/17 / 5/614 Logan Burton, P.E. PrincipalNice President SMALL A/E AGREEMENT EXHIBIT"A" Page 2 of 2 EXHIBIT "B" SAMPLE PAYMENT REQUEST FORM Sample forth for meM Request COMPLETE PROJECT NAME Revised o i�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 $1,827 $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 $12,887 $1,250 $1,500 $3,000 23% Contract for Professional Services Exhibit B EXHIBIT "C" Insurance Requirements Pre-Design, Design and General Consulting 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. 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 PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) (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. 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 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. fr 1.5 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 1.6 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: 1.6.1 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. 1.7 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. 1.8 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. 1.9 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. 1.10 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. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement.