HomeMy WebLinkAboutC2016-290 - 5/31/2016 - NA ' rr
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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 AECOM Technical
Services, Inc., a California corporation, (Consultant), hereby agree as follows:
1. SCOPE OF PROJECT
Facilities Condition Assessment(Project No. El 5231) -The City issued a Request for
Qualifications for a facilities condition assessment for the numerous facilities managed and
maintained by the City. AECOM was selected to perform the first phase of the assessment
which includes development of the standardized criteria for assessment. Task Order No. 1
includes a project meeting to define the project vision and review samples of assessment
reports that may be modified for the City's planned condition assessment. Additionally,this
task authorization includes scoping and development of the next Task Order which will
include the development of the required matrices: evaluation matrix, cost matrix, and
facility assessment reporting matrix.
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.
2016-290
5/31/16 INDEXED
AECOM Technical Services Inc. Contract for Professional Services
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IBLIC FACILITIES\E15231 FACILITIES CONDITION ASSESSMENTWE AGREEMENT PRELIM AND DESIGN AECOM DOC
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 $23,154.00. 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, designated agents, employees, or other City entity, excluding the
engineer or architect or that person's agent,employee or subconsultant,over which
the City exercises control ("Indemnitee") from and against 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.
Contract for Professional Services
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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, 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.
Contract for Professional Services
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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.
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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CI • OF C ' P CHRISTI AECOM TECHNICAL SERVICES, INC.
IY_.13./,1, f es / 5/13/16
Ine H. ray, -.E. 5 Date Alejandro Giannotti, P.E. Date
cutive l irect r of -u is Works Vice President
711 North Carancahua, Suite 1620
Corpus Christi, TX 78401
(361) 884-7140 Office
(361) 888-4169 Fax
APPROVED AS TO LEGAL FORM
Aimee Alcorn-Reed
2016.05.19 09:36:49-05'00'
Assistant City Attorney Date
Facilities Condition Assessment (E15231)
Accounting Unit: 5115-40300-191
Account: 530000
Activity: E15231 01 5115 EXP
Account Category: 30000
Fund Name: Facility&Property Management
Contract for Professional Services
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KIENGIIF.ERING OATAEXCHANGE\VELMAPIPUBLIC FACILITIESIE15231 FACILITIES CONDITION ASSESSMENTIAE AGREEMENT PRELOA MID DESIGN AECOM.DOC
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Contract NO:TBD
Task Order No: 1
City of Corpus Christi
Facility Inventory&Condition Assessment
TASK ORDER #1
DESCRIPTION/WORK STATEMENT
Background
The City of Corpus Christi (City) is developing a robust facility investment plan to identify
current needs and prioritize future investments. In order to complete this effort, the City
has procured the services of AECOM to support development of standardized criteria
for assessment performance and budgetary cost development.
As discussed with the City, this initial task order will allow a better definition of the long
term project requirements.
Task Order #1: Scope of Work Requirements
The specific work elements for the task order are identified below, including specific
deliverables in association with the project tasks.
1. PROJECT MEETING — DEFINING THE PROJECT VISION
Clearly identifying and defining the ultimate goals of this project is key to a
successful outcome. The AECOM Team will convene a project meeting with City
representatives and will cover the following topics:
• Confirm the underlying project vision, as well as near-term and long-term
goals;
• Identify requirements for reporting and matrix development, as well as
end users;
• Review and discuss specific examples of AECOM reports and matrices
and how best to tailor them to meet the City's needs.
• Confirm project timeframes and schedule;
• Identify key stakeholders and engagement requirements;
• Outline project communication requirements;
• Identify availability and transmittal timeframe of existing City data related
to the study.
Deliverables: Meeting Minutes to be distributed after the meeting occurs.
Description, action items and confirmation of future project deliverables will be
provided.
January 4, 2016 I Exhibit "A"
Page 1 of 3
Contract NO:TBD
Task Order No: 1
City of Corpus Christi
Facility Inventory &Condition Assessment
2. TASK ORDER #2 SCOPING / DEVELOPMENT
Based on the outcomes of Task Order #1 described above, AECOM will develop
the draft language for Task Order #2. The task order will define the next stage of
the project based on meetings with the City including the expected level of
effort and associated project schedule. It is anticipated that Task Order #2 will
include development of each defined matrix as well as the execution of the pilot
study.
Deliverable: Draft Scope of Work (SOW) for Task Order #2 Matrix Development &
Pilot Study (Phase 1 and Phase 2). The SOW is intended to be a detailed list of
requirements for each of the scoped matrices as determined during the
workshop and based on the review of existing data. Additionally, the SOW will
outline the list of facilities to be studied during the pilot assessment.
January 4, 2016 Exhibit "A"
Page 2 of 3
A=COM
Fee Proposal
Task Summary
Hourly Rate I $ 180.00I$ 167.00I $ 230.001 $ 120.00 AGCM LNV $ 200.00
_ Discipline Proj.M Deputy PM Project Director M&P Cost Est Struct Tech Advisers Hrs Summary
Kickoff Meeting 24 32 24 8 0 0 20 108
Data Gathering(hrs) 0 0 0 0 0 0 0 0
Matrix Development 0 0 0 0 0 0 0 0
Pilot Field Work (hrs) 0 0 0 0 0 0 0 0
QA/QC (hrs) 0 0 0 0 0 0 0 0
Matrix Population (hrs) 0 0 0 0 0 0 0 0
Totals (hrs) 24 32 24 8 0 0 20 108
Total Labor$ $ 4,320 $ 5,344 $ 5,520 $ 960 $ - $ - $ 4,000
Total DDCs$ $ 1,505 $ - $ 1,505 $ - $ - $ - $ -
Total$1 $ 5,825 $ 5,344 $ 7,025 1 $ 960 $ - $ - $ 4,000 $ 23,154
Exhibit "A"
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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
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
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
except for Professional Liability. 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
Prior written 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.
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 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.