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HomeMy WebLinkAboutC2016-354 - 8/1/2016 - 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 Govind Development. LLC.,a limited liability corporation, 9510 Leopard Street, Corpus Christi, Nueces County, Texas 78410, (Consultant), hereby agree as follows: 1. SCOPE OF PROJECT E16316 Greenwood Drive Storm Water Improvements(Hector P. Garcia Park)—To provide a design of a new storm water outfall to connect new junction box from Greenwood Drive at Gollihar Road to the Airport Ditch. 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 $19,050.00. Monthly invoices will be submitted in accordance with Exhibit"B". 2016-354 Contract for Professional Services Pagel of 5 8/01/16 %STORM WATEPSE10310 GREENWOOD DRIVE STORM WATER IMPROVEMENTS HECTOR GARCIA PARIoGovinotte Govind Development LLC 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 Page 2 of 5 K:IEN51NEERING DATAEXCHANGEMNGIEMISTORM WATERIE16316 GREENWOOD DRIVE STORM WATER IMPROVEMENTS HECTOR GARCIA PARKIGOVIND%18 0311 AEAGREEMENT.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 KAENGINEERING DATAEXCHANGSANGIBASTOINA WATERE16316 GREENWOOD DRIVE STORM WATER IMPROVEMENTS HECTOR GARCIA PARIDGOVINDI1E 0311 AE AOREEMENT.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.uslwhatsnew/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 KAENGINEERING DATAEXCNANGE ANGIEMISTDRM WATER1E16315 GREENWOOD DRIVE STORM WATER IMPROVEMENTS HECTOR GARCIA PARI000VINDU3 0311 AE AGREEMENT.000 ç7FRISTI OPGO ND DELOPMNT,LLHe H. Gray, P.E. Date AJ r S. Kular, P.E. Date Executive Director of Public Works Vice President 9510 Leopard Street Corpus Christi, Texas 78410 (361)241-2777 Office akular a©govinddevelopment.com APPROVED AS TO LEGAL FORM Digitally signed by Aimee Alcorn- Reed Date:2016.07.20 13:12:46-0500' Legal Department Date • Project No.E16316 Accounting Unit:4526-043 Account 550950 ' Activity:E16318014526EXP Account Category: 50950 Fund Name:Storm Water Rev Bond 08 II! Encumbrance No. 1 Contract for Professional Services Page 5015 NAENOWEER NG DATAEACHM GE IMGIEMMSTOAM WATERIE16316 GREENWOOD DRIVE STORM WATER IMPROVEMENTS HECTOR GARCIA PARI03OVINDtI6 0311 AEAGREE ENT.DOC !!I///VD Govind Development,LLC Engineering Division • . •. 9510 St DEVELOPMENT LLC Leopr4 ENGIN£F.RINGD/VISION Corpus Christi,TX 78410 June 17,2016 Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi 1201 Leopard Street Corpus Christi,Texas 78401 RE: Greenwood Drive Storm Water Improvements(Hector Garcia Park) E16316 Dear Mr. Edmonds, City of Corpus Christi—Engineering Services staff has requested Govind Development, LLC (GDL) provide a proposal for Greenwood Drive Storm Water Improvements (Hector Garcia Park) E16316 to supplement City project E12092 Greenwood Drive from Gollihar Road to Horne Road Bond 2012. This project will connect storm water improvements from Greenwood Drive to Airport Drainage Ditch through Hector Garcia Park via a Storm Water Outfall to meet the 25-yr design criteria set forth in the City of Corpus Christi Draft 2009 Storm Water Master Drainage Plan. During our initial investigation of the outfall route it was discovered that the approved storm water outfall route would travel through an abandoned landfill. GDL has since contacted the Texas Commission on Environmental Quality (TCEQ), performed an Initial Work Plan Investigation and gathered information on the permitting required to construct the storm water outfall. GDL proposes to provide the following deliverables and services as part of this project: •• Final work plan for TCEQ approval • Construction Plans • Front End Documents • Opinion of Probable Construction Cost • Bid Phase Support GDL proposes to perform these engineering services for a lump sum of$19,050. If you have any questions, please contact me at (361) 241-2777 or Roberto Salinas, P.E. at rsalinas@govinddevelopment.com. Respectfully, Ajm r Kular, P.E. Vice President—Civil/Structural Department Govind Development, LLC—TBPE Firm No. 10101 9510 Leopard Street—Corpus Christi,Texas 78410 CONFIDENTIALITY NOTICE-This document is the property of Govind Development,LIC and contains information that is highly confidential,proprietary and Attorney/Client Pr' '•- • -- which Govind Development considers trade secrets and has diligently protected as such. It is intended only for the specific purpose for which it was prepared and for disclosuf4IBMss IT"A persons or entity to whom it is addressed.It may not be disclosed to other parties without the express written consent of Govind Development,LLC.The unauthorized disdo- r o ny 1 information contained in the Proposal will cause Govind Development great and irreparable harm Page 1 of 1 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: Sample form for: Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice 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% 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 r 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" Page 2 of 2