Loading...
HomeMy WebLinkAboutC2016-297 - 6/2/2016 - 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 Blvd., Suite 200, Corpus Christi, Nueces County, Texas 78408, (Consultant), hereby agree as follows: 1. SCOPE OF PROJECT Water&Wastewater Treatment On-Call Support(Project No. El 6264)-This project is to provide assistance in developing project scopes, cost estimating, design and constructability peer review, cost and schedule control, design management and other support services required Treatment Division of the Utilities Department. 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 $35,000.00. Monthly invoices will be submitted in 2016-297 6/02/16 INDEXED Contract for Professional Services LNV Inc. Page 1 of 5 ERING DATAEXCHANGE\JENNIFER MATER\E16264 WATER&WW TREATMENT ON-CALL SUPPORT\CONTRACT.DOC 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 DATAEXCHANGEWENNIFER\WATER\E16264 WATER&WW TREATMENT ON-CALL SUPPORT\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 DATAEXCHANGEUENNIFER\WATER\E16264 WATER 8 WW TREATMENT ON-CALL SUPPORT\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 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 LNV, Ij /140111, 7/7°1/47OM, ir Mark Van Vleck ate Dan e y;ecker, P.E. Date Assistant City Manager Presi. - 801 Navigation Blvd., Suite 200 AiCorpus Christi, Texas 78408 I 1 //40, (361) 883-1984 Office rie H. G ay P E. ' 1,60 Date (361) 883-1986 Fax E -cutive Directo, of Publi Works mhinojosa@Invinc.com Contract for Professional Services Page 4 of 5 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16264 WATER&WW TREATMENT ON-CALL SUPPORT\CONTRACT.DOC APPROVED AS TO LEGAL FORM Aimee Alcorn-Reed 2016.05.2414:22:03-05'00' Legal Department Date Project Name Water and Wastewater Treatment On-Call Support Project Number E16264 Accounting Unit 4091-041 Account 550950 Activity E16264014091 EXP Account Category 50950 Fund Name Water 2012B RVBD Amount $17,500 Project Name Water and Wastewater Treatment On-Call Support Project Number E16264 Accounting Unit 4249-042 Account 550950 Activity E16264014249EXP Account Category 50950 Fund Name Wastewater 2012B RVBD Amount $17,500 Contract for Professional Services Page 5 of 5 K,ENGINEERING DATAEiXCHANGE,JENNIFER'•WATER'+E16264 WATER&WW TREATMENT ON CALL SUPPORT\CONTRACT DOC Solutions Today with a engineers architects contractors Vision for Tomorrow April 29, 2016 J.H. Edmonds, P.E. Director of Capital Programs City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 Re: WATER AND WASTEWATER TREATMENT ON-CALL SUPPORT City Project No. E16264 LNV Proj. No. 160055 Dear Mr. Edmonds: Please accept this letter as our formal proposal for the professional services associated with the Water and Wastewater Treatment On-Call Support project for the City of Corpus Christi. 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 water and wastewater treatment related services for the City of Corpus Christi Utilities Department on an as needed basis. This project is to periodically supplement the City's staff capabilities with personnel and resources to assist with technical, operational, maintenance, diagnostic and design issues. The Consultant shall assist the City of Corpus Christi in developing project scopes, cost estimating, design and constructability peer review, cost and schedule control, process and hydraulic modeling support, project management, design services, and other support services required by the Treatment Division of the Utilities Department. As described in the RFQ, this project is intended to be a base 1-yr contract with two (2) optional 1-yr renewals ($600,000 / year). However, in order to expedite the contract approval process for the services needed in the short term, this small A/E contract is proposed in the amount of $35,000 to initiate the start up of our services while a larger contract proposal is being processed and prepared to be approved by City Council. The scope of services for the work is listed under Section I.B. "Additional Services" of this agreement. The services under this contract will be on an as-needed, on-call basis throughout the term of the agreement. Therefore, services will be undertaken through various task authorizations which will be issued by the City. SCOPE OF SERVICES A. BASIC SERVICES 1. Preliminary Phase. (N/A) 2. Design Phase. (N/A) SMALL NE AGREEMENT EXHIBIT "A" Page 1 of 4 801 NAVIGATION I SUITE 200 I CORPUS CHRISTI,TEXAS 78408 • 3. Bid Phase. (N/A) 4. Construction Phase. (N/A) SMALL A/E AGREEMENT EXHIBIT"A" Page 2 of 4 • • • B. ADDITIONAL SERVICES (ALLOWANCE) This section defines the scope (and ALLOWANCE) for compensation for additional services that may be included as part of this contract, but the NE will not begin work on this section without specific written approval by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the by the Director of Engineering Services as required. The NE will, with written authorization by the Acting Director of Capital Programs, do the following: 1. ELECTRICAL SUPPORT A. Greenwood Wastewater Treatment Plant Generator Sizing • Evaluate existing plant electrical distribution system and normal power configuration. • Identify all process systems and areas that will be in service under plant operating conditions at a half and full capacity. • Provide load calculations to size (2) generators based on half and full load plant capacity. • Identify generator interface connection to existing electrical gear at two locations. • Opinion of estimated construction costs. Project Schedule—Complete within 30 days Project Fee - $14,914 FEES A. Fee for Basic Services. The City will pay the NE a fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1-4, NE will submit monthly statements for basic services rendered. In Section I.A.1-3, the statement will be based upon NE's estimate (and City concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to NE's monthly statements. B. Fee for Additional Services. For services authorized by the City under Section I.B. "Additional Services," the Project Manager will pay the A/E a not-to-exceed fee per the authorized task orders for those services requested. Negotiated fees will be authorized through multiple task order authorizations detailing the scope of work, schedule of work and the negotiated fee. SMALL A/E AGREEMENT EXHIBIT"A" Page 3 of 4 • C. Summary of Fees 1. Additional Service Allowance $ 35,000 TOTAL FEE $ 35,000 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 ip110°,/ , Logan B - in, P.E. Principal/Vice President SMALL NE AGREEMENT EXHIBIT "A" Page 4 of 4 • • • EXHIBIT "B" SAMPLE PAYMENT REQUEST FORM Sample form for Payment Request COMPLETE PROJECT NAME Revised 07/27/00 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 $1,627 $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 $12,997 $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. • 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.