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HomeMy WebLinkAboutC2016-290 - 5/31/2016 - NA ' rr •• ;t • f' 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 Page 1 of 5 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 Page 2 of 5 K\ENGINEERING DATAEXCHANGE\VELMAP\PUBLIC FACILITIES\E15231 FACILITIES CONDITION ASSESSMENTVIE AGREEMENT PRELIM AND DESIGN AECOM.DOC • 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 Page 3 of 5 K:\ENGINEERING DATAEXCHANGE\VELMAP\PUBLIC FACILITIES\E15231 FACILITIES CONDITION ASSESSMENTIHE AGREEMENT PRELIM AND DESIGN AECOM.DOC 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 Page 4 of 5 K:\ENGINEERING DATAEXCHANGE\VELMAP\PUBLIC FACILITIES\E15231 FACILITIES CONDITION ASSESSMENT' E AGREEMENT PRELIM AND DESIGN AECOM DOC • 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 Page 5 of 5 KIENGIIF.ERING OATAEXCHANGE\VELMAPIPUBLIC FACILITIESIE15231 FACILITIES CONDITION ASSESSMENTIAE AGREEMENT PRELOA MID DESIGN AECOM.DOC • 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" 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 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.