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
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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.
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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;
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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
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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
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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
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3. Bid Phase. (N/A)
4. Construction Phase. (N/A)
SMALL A/E AGREEMENT
EXHIBIT"A"
Page 2 of 4
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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
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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
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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.
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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.