HomeMy WebLinkAboutC2016-312 - 6/13/2016 - 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 300, Corpus Christi, Nueces County, Texas 78408,
(Consultant), hereby agree as follows:
1. SCOPE OF PROJECT
Greenwood Senior Center Structural Repairs (Project No. E15196) — This project
consists of the structural rehabilitation of the Greenwood Senior Center located at 4040
Greenwood Drive.
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 $15,655.00. Monthly invoices will be submitted in
accordance with Exhibit "B".
2016-312
6/13/16
Contract for Professional Services
Page 1 of 5
LNV Inc. CITY FACILITIESE15196-GREENWOOD SENIOR CENTER STRUCTURAL REPAIRS\AE AGREEMENT-LNV-
INDEXED
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
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ENGINEERING DESIGN.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
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ENGINEERING DESIGN.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/leqal/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.
CI e F • • •' _ RISTIq// LNV N� D004.I`4-5 14. La+ cr
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Va e H. Gr.y, P. . 1 atei; - - = ker, P.E. Date
Exe- tive Dire tor if P blic Works =-•_ - A-s; 4-rc *c Pa=wEIT
801 Navigation, Suite 300
Corpus Christi, Texas 78408
361-883-1984 Office
361-883-1986 Fax
c1 -daRl@Invinc.com
Contract for Professional Services
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ENGINEERING DESIGN.DOC
APPROVED AS TO LEGAL FORM
5/27/16
Legal Department Date
Project Number E15196
Accounting Unit 5115-40300-191
Account 530000
Activity E15196 01 5115 EXP
Account Category 30000
Fund Name Facilities O&M
Contract for Professional Services
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ENGINEERING DESIGN.DOC
LNV
SOLUTIONS TODAY WITH
engineers I architects I surveyors A VISION FOR TOMORROW
May 6, 2016
City of Corpus Christi
Engineering Department
1201 Leopard St.
Corpus Christi,TX 78469
Attn: Mr. Shane Torno, PE
Project Manager
RE: PROPOSAL FOR STRUCTURAL ENGINEERING SERVICES
GREENWOOD SENIOR CENTER
STRUCTURAL REPAIRS
Ladies/Gentlemen:
LNV is pleased to submit this proposal to provide engineering services to prepare the necessary structural
repair details as identified in our previous assessment of the facility located at 4040 Greenwood Drive in
Corpus Christi, TX. All work to be performed will be in accordance with all applicable publications/codes
currently adopted and applicable to the project. LNV shall perform said service and all acts attendant thereto
with a reasonable standard of care.
LNV has prepared the following scope of work for the preparation of the structural repair details:
Scope of Work:
Basic Services:
Structural Engineering Design Services:
1. Conduct a site visit to obtain a more detailed quantity estimate and measurements for
anticipated repair items listed below:
A. Column &uplift strap/anchors
B. Foundation cracks
C. Foundation/Paving joint cleaning &reinstallation
D. Wall cracks (gypsum sheathing)
E. Wall cracks (concrete)
F. Wall joints (concrete&gypsum sheathing)
G. Wall spelling concrete repair
H. Wood fascia installation (partial only)
I. Brick mortar repointing
2. Prepare and submit for review and comment preliminary repair drawings for the aforementioned
items showing any required plans, sections and details to perform the work.
3. Prepare and submit for review and comment preliminary technical specifications for the
proposed work.
EXHIBIT A
Page 1 of 5
May 6, 2016
Page 2 of 5
4. Address any comments on the drawings and specifications and submit final documents signed
and sealed by a licensed Texas Professional Engineer.
5. Prepare and submit an engineer's estimate of probable construction costs.
Special Services:
Windstorm Inspection &Certification Services:
1. Prepare and submit the WPI-1 form in accordance with the requirements of the Texas
Department of Insurance(TDI)for Windstorm for the foundation systems.
2. Review all necessary submittals for the foundation installations (reinforcing shop drawings,
concrete mix design and backfill materials, and other project-related items), for compliance with
TDI.
3. Perform necessary inspections during the construction phase as required to visually verify all
construction reinforcing, framing and anchorage are constructed as designed and detailed on the
sealed drawings.
4. Prepare and submit WPI-2-BC-5 form(s) upon completion of construction to receive the WPI-8
Windstorm Certificate issued by TDI.
Windstorm Certification Requirements:
The Contractor/Owner shall be responsible for providing all Submittal Documentation and notifications
for each inspection for all foundation reinforcing, anchor bolt material, concrete mix design, backfill material,
soil compaction testing, window/door/louver systems, roofing systems, and any other
components/appurtenances etc. affecting the building envelope to the Windstorm Engineer/ Inspector, as
required and applicable to this project, that conforms to the requirements of the Construction Documents
(drawings and specifications)and the Texas Department of Insurance. All submittal documentation, at a
minimum, shall contain the following information as it pertains to this project: reinforcing steel &anchor bolt
material certification, yield strength, sizes, lengths, embedment's, geometry as applicable, shop drawings as
applicable, concrete mix designs with manufacturer support documentation and compression test results,
select or structural fill material specifications from laboratory testing, soil compaction test results,
window/door/louver system testing(including impact testing where required), roofing system testing, and
testing/attachment documentation for any other components/appurtenances etc. affecting the building
envelope.
All Submittal Documentation must be approved in writing prior to fabrication and/or installation.
During the construction phase,the installation of all approved materials/items shall be visually
inspected by the Windstorm Engineer/Inspector or their representative to verify compliance with the
Construction Documents in order for LNV to submit the required WPI-2-BC-5 form(s)to TDI for their
consideration in issuing the WPI-8 Windstorm Certificate to the Owner.
801 NAVIGATION I SUITE 300 I CORPUS CHRISTI,TEXAS 78408
OFFICE 361.883.1984 I FAX 361.883.1986 I WWW.LNVINC.COM
EXHIBIT A
Page 2 of 5
May 6, 2016
Page 3 of 5
The following items require approved documentation from testing and/or visual verification by the Windstorm
Engineer/ Inspector in order for LNV to submit the WPI-2 to the Texas Department of Insurance for their
consideration in issuing the WPI-8 windstorm certification:
. Installation of hurricane straps/anchors/tie downs and new structural wood framing.
LNV is not responsible for failure by other parties to abide by the recommendations and/or design
requirements set forth on the construction documents. Approval must be provided by the Windstorm
Engineer prior to any modifications or alterations from the contract drawings occurring in the field. Any and
all deficiencies that are related to Windstorm Certification must be logged in to the project deficiency log and
addressed by the General Contractor. The General Contractor shall provide notification for re-inspection or
documentation verifying deficiencies have been brought into compliance, whichever is requested by the
Windstorm Engineer.
Any deficiencies that are not brought into compliance will prevent LNV from issuing the WPI-2-BC-5 form(s)
to TDI and the Owner from receiving the WPI-8 Windstorm Certificate from TDI. LNV is required to notify TDI
of any known deficiencies that prevent LNV from issuing the WPI-2-BC-5 form(s).
Fees:
LNV proposes to perform the above-listed Scope of Work for the following lump sum fees:
Basic Services:
Structural Engineering Design Services:
STRUCTURAL ENGINEERING&DESIGN SERVICES SCOPE: Project Manager Project Engineer Design Engineer Designer CAD Technician TOTAL HOURS&
EXPENSES
1 Review existing available documentation 1 2 2 5
2 Coordination,Meetings,Correspondence 3 3
3 Site visit for field notes and measurements 4 4 8
4.Prepare preliminarydra wings 2 8 30 60 100
5 Prepare preliminary specifications 1 4 5
6 Address any review comments 1 1 2 4 8
7.Internal QAQC review 2 1 3
8 Prepare final drawings and specifications 1 2 1 2 6
Sub-Total Hours 138
Hourly Rate $ 190 00 $ 150 00 $ 115 00 $ 105 00 $ 80 00
Sub-Total Cost $ 1,330 00 $ 1.650 00 $ 1.95500 $ 3,885 00 $ 5,280.00 $ 14,10000
Structural Engineering&Design Services Fee Total $ 14,100.00
801 NAVIGATION I SUITE 300 I CORPUS CHRISTI,TEXAS 78408
OFFICE 361.883.1984 I FAX 361.883.1988 I WWW.LNVINC.COM
Exhibit A
Page 3 of 5
May 6, 2016
Page 4 of 5
Special Services:
Windstorm Inspection & Certification Services:
WINDSTORM INSPECTION&CERTIFICATION SERVICES SCOPE: Project Manager Project Engineer Design Engineer Designer CAD Technician TOTAL HOURS&
EXPENSES
1.Prepare and submit WPI-1 documentation 1 1
2.Review submittals;(reinf,conc mix,and backfill compaction) 1 1 2 4
3.Site visits for Inspections&Inspection reports 1 1 2 4
4.Prepare and submit WPI-2-BC-5 documentation 1 1 2
Sub-Total Hours 2 4 5 0 0 11
Hourly Rate $ 190.00 $ 150.00 $ 115.00 $ 105.00 $ 80.00
Sub-Total Cost $ 380.00 $ 600.00 $ 575.00 $ - $ - $ 1,555.00
Windstorm inspection&Certification Services Fee Total $ 1,555.00
Total Fees: $15,655.00
1. Fees associated with inspections are based on four (4) site visits and preparation of related
inspection documentation. Fees for submittal reviews are based on one review for each
submittal document. Additional trips for re-inspections and additional submittal reviews will be
billed on an hourly basis in accordance with LNV's current standard rate schedule a copy of
which will be included with the project contract documents.
Schedule:
LNV estimates the start of engineering work to occur approximately seven (7) calendar days after receipt of
the signed contract.The following tentative schedule is being estimated to complete the scope of work listed
above.
1. Field work (2 days)
2. Preliminary drawings &specifications (10 days)
3. Internal QAQC (1 days)
4. Client comments (1 days)
TOTAL DAYS REQUIRED TO COMPLETE DESIGN: 14 daysl
1. This Basic Services scope of work will be performed during LNV normal working hours.
All work required to complete the Special Services scope of work will also to be
conducted during LNV normal working hours; (8:00 AM to 5:00 PM, Monday through
Friday;except for holidays).
Provisions:
1. All work is proposed to be performed during normal working hours.
2. The lump sum amount above does not reflect any fees associated with a material testing or welding
inspection & testing. Fees for any testing will be determined at a later time and performed on a
separate contract.
801 NAVIGATION I SUITE 300 I CORPUS CHRISTI TEXAS 78408
OFFICE 361 883.1984 I FAX 361.883.1986 I WWW.LNVINC.COM
Exhibit A
Page 4 of 5
!, .
May 6,2016
Page 5 of 5
Exclusions:
1. Topographic surveying services and site plan drawing
2. Architectural services
3. Mechanical, electrical (including grounding)and plumbing design
4. Construction administration services other than windstorm inspection
5. Geotechnical engineering, soil sampling and/or soil investigation
6. Material testing(concrete compression, soil compaction, etc.)
Any additional work not listed in the above scope of work in which the client wishes to include in this contract
will be performed at an hourly rate in accordance with the professional services agreement.
We appreciate the opportunity to assist you in this matter. If you have any questions please contact me at
(361)883-1984 or e-mail me at dlawrence0Invinc.com.
Sincerely,
LNV
engineers I architects I surveyors
TBPE Firm No. F-366
/ /
D• glas H.Lawrence, PE
•r•ject Manager
801 NAVIGATION I SUITE 300 I CORPUS CHRISTI.TEXAS 78408
OFFICE 361.883.1984 I FAX 361.883.1986 I WWW.LNVINC.COM
Exhibit A
Page 5 of 5
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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.
Exhibit C
Page 1 of 2
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.
Exhibit C
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