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Home My WebLink AboutC2017-053 - 1/10/2017 - NA PROFESSIONAL SERVICES AGREEMENT FOR HARBOR BRIDGE LIGHTS PROGRAMMING This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home-rule municipal corporation, "CITY", acting through its duly authorized City Manager or designee ("CITY MANAGER"), and Terry K. Orf, an individual, ("CONSULTANT"), which agree as follows: 1. DECLARATIONS. CITY desires to engage CONSULTANT on a month to month basis for consultation services in connection with City's project, described as follows: Harbor Bridge Lights Program ("PROJECT"). 2. SCOPE OF WORK. CONSULTANT shall provide consultation services for the PROJECT in accordance with the accompanying Scope of Services and Fee attached hereto as "Exhibit A". 3. FEE. The CITY agrees to pay the CONSULTANT for consultation services provided in accordance with Exhibit "A", Scope of Services and Fee under this AGREEMENT, a total monthly fee not to exceed $1,375.00. Monthly invoices shall be submitted in accordance with Exhibit "C". Additionally, for prepaid programming requests submitted and approved by the CITY, the CONSULTANT, at the direction of the Assistant City Manager's office shall provide programming consultation as part of this agreement and its associated fee. 4. BUDGETARY APPROPRIATION. All parties recognize that the continuation of any contract after the close of any fiscal year of CITY, which fiscal year ends on September 30 of each year, shall be subject to appropriations and budget approval providing for such contract item as an expenditure in said budget. CITY does not represent that the budget item will be actually adopted, said determination being within the sole discretion of the City Council at the time of adoption of such budget. 5. TERMINATION. Either party may terminate this agreement by giving at least 30 days' written notice to the other of its intent to terminate. Such termination may be made with or without cause. In such event of termination without cause, the City will be invoiced for the actual time and charges accumulated and services performed through the date of termination. 6. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to indemnify, save harmless and defend the CITY, and its agents, se• .nts •n• employees as more fully set forth in "Exhibit B". CITY •&ORPUS CHRISTI CONSULT ,400: - /12/7, , E. Jay 'gt•, , ( at Terry K. 0' -1‘41'4'/ // '/ (Date , 4 Interim Assistant City Manager 300 East Beasley Aransas Pass, TX 78335 361.960.0131 APPROVED A , `14' - , I//0 7/ 7 office of Manageme :nd Budget (Date) Project Number: Funding Source: 101.0 • 12410 1 • 530090. 033 APPROVED S TO FORM Encumbrance Number: (1/m. • , (ha.-. . - ,j 1 /12/1"3--- 2017-053 (Date) 1/10/17 Terry K. Orf INDEXED EXHIBIT A Scope of Services and Fee Schedule Objective: To provide the City of Corpus Christi with consultation of monthly Harbor Bridge light programming, limited special Harbor Bridge event programming and coordination of all required maintenance of the lighting system and related hardware infrastructure (as described below). Programming will be accomplished using Designer software package included with the Pharos controller hardware, plus other Pharos software, as well as other software packages to create the light programs. The total amount of this 36-month contract will be $49,500.00 to be billed monthly at a rate not to exceed $1,375.00, with this agreement commencing January 1, 2017, and ending December 31, 2020. All hours spent conducting employee training will be separately invoiced. The contract will be for a period of approximately 36 months. Specific Tasks: • Consultation of Monthly Harbor Bridge Light Programming o By the first weekday of each month, a unique light program comprised of multiple effects that are included in the Designer software, video effects and custom effects will be uploaded to the bridge hardware as coordinated thru the City's Assistant City Manager ("ACM"). This will be based on the program created under the previous contract in 2013 and modified as requested for special events and per the ACM's directions. o Each program includes many individual effects strung together to form a 15-minute program which will loop during the prescribed times defined by the ACM. • Consultation of Special Harbor Bridge Event Programming o Themed lighting programs for up to two special events will be developed. o The anticipated special programs will include, but not be limited to 4th of July Mayor's Big Bang event. o Any special projects which require synchronizing the lights with sound will require special coordination as follows: ■ City of Corpus Christi Wi-Fi personnel will be required for these programs as well as Wi-Fi sending and receiving units provided by the City. • Consultation of Maintenance of the Physical Bridge Lights and Related Hardware Infrastructure o Consultation of monthly maintenance requirements to address lighting and data communication problems are included in this agreement. This would include the Harbor Bridge lighting system. o Consultation for coordination with certified vendors to replace/repair the lights and infrastructure will be included as limited above. • Consultation of Programming Events outside of this agreement o Programming events not listed in this proposal will be negotiated separately with the ACM's Office. EXHIBIT A continued Scope of Services and Fee Schedule Consultation of Programming & Consultation Hours Cost Maintenance Monthly Bridge Lighting Program As Determined by IT&ACM Included in Consultation Monthly Billing Special Events Programming Consultation As Determined by IT&ACM Includedin Monthly Billing Maintenance of Lights and Infrastructure As Determined by IT&ACM Included in Consultation Monthly Billing Monthly Billing: $1,375.00 Exhibit B Mandatory Requirements INDEMNIFICATION AND HOLD HARMLESS Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT C Sample Form of Payment Request Ten f Invoice 300 Fast 13easkv Ave Aransas Pass.lexas 78336 Date Invoice# 6121/2015 280 Bill To Project Cityof Corpus Christi 1st Quarter!larks'Bridge lighting Attn;Wes Pierson.Assist.City Manager P.O.Box 4277 Corpus Christi,Texas 78469 P 0 No Terms Project Description Item Class Est Amt Prior Arnt Curr% Total% Amount Police Officers Week-May 6-16, Architect Special lav 6.84(1(10 25(K)% 25 ixi% 1,71000 Lemonade Day May 7 April,May&June monthly programs Architect Programming 5.760.01 25(10% 25.00% 1,4411(K) April 4-2hrs IS-2hrs,May 24-2hrs& Architect Maintenance 3,600 t01 25.(X1% 25 000/s 900 do June 2l-2hrs 22-4 hrs 23-Shrs& 24-8hrs Total $4.050 00 Payments/Credits SO 00 Balance Due vi,05000