HomeMy WebLinkAbout031511 RES - 08/21/2018 Resolution authorizing an Interlocal Cooperation Agreement with San Patricio
Municipal Water District for water line improvements.
WHEREAS, Section 791.035 of the Texas Government Code states that a local
government and municipal water district may contract with one another to perform any
governmental functions and services; and
WHEREAS, the San Patricio Municipal Water District ("SPMWD") has entered into an
Agreement for Professional Engineering Services with J. Schwarz & Associates, a
professional engineer located in Corpus Christi, Texas to design a 54"-48" treated water
pipeline to connect to the City's treated water system near the O.N. Stevens Treated
Water Plant and travel approximately 23 miles to the Gulf Coast Growth Ventures future
plant site located west of Gregory ("GCGV Project"); and
WHEREAS, in connection with the GCGV Project, the City desires to enter into an
Interlocal Cooperation Agreement with SPMWD for the District to design and engineer
approximately three miles of new 24" pvc treated water pipeline for the City and to
decommission approximately six miles of old 30" cast iron water pipeline so that the City
can better accommodate the sale and transfer of additional quantities of treated water
to SPMWD for the GCGV Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
Section 1. That the City Manager or designee is authorized to execute an Interlocal
Cooperation Agreement with San Patricio Municipal Water District to design and provide
engineering services for a new 24" pvc treated water line and to decommission an existing
30" cast iron water line and other work related thereto as more particularly described in
the Interlocal Cooperation Agreement between the City and SPMWD attached hereto as
Exhibit "A."
Section 2. This Resolution shall be and become effective immediately upon and after its
adoption and approval.
PASSED AND APPROVED this the L day of OIGU -
(,Q1�` / 1L.
ATTEST: CITY OF CORPUS CHRISTI
kRe ecca Huerta Jo- �cComb
City Secretary .y.r
031511.
INDEXED
Corpus Christi, Texas
2 k of au-Ort- ZoIB
The above resolution was passed by the following vote:
Joe McComb
Rudy Garza
Paulette Guajardo
Michael Hunter
Debbie Lindsey-Opel
Ben Molina I� !
Lucy Rubio 1_ '
Greg Smith
Everett Roy 4.4 A
•
31511
EXHIBIT"A"
INTERLOCAL COOPERATION AGREEMENT
BETWEEN TI IE CITY OF CORPUS CHRISTI AND
THE SAN PATRICIO MUNIICIPAL WATER DISTRICT
FOR WATER LINE IMPROVEMENTS
THIS INTERLOCAL COOPERATION AGREEMENT ("Agreement") is made by
and between the CITY OF CORPUS CHRISTI.TEXAS("City"),a municipal corporation and
home-rule city of the State of Texas, acting by and through its governing body, the City
Council, and the SAN PATRICIO MUNICIPAL WATER DISTRICT, a political
subdivision of the State of Texas, duly created by the Legislature of Texas ("District").
WHEREAS, the City owns and operates a regional water supply system that provides
potable water to municipal customers, as well as, wholesale customers like the District: and
WHEREAS, by separate agreement, the City will enter into an amended water
supply agreement with the District to provide additional quantities of treated water to the
District which the District will sell to the Gulf Coast Growth Venture ("GCGV") PET
Plant to be built outside Gregory city limits in San Patricio County, Texas; and
WHEREAS,the District will design and build a new 54"to 48" water pipeline which will
tie into the City's treated water system located near the O.N. Stevens Water Treatment Plant in
Corpus Christi, Texas and terminate at the GCGV plant site west of Gregory; and
WHEREAS, on June 19, 2017, the District entered into an agreement with J. Schwarz &
Associates, Inc., a professional engineer located in Corpus Christi,Texas("Engineer")to provide
all engineering services related to the design of a 54" to 48" water pipeline and related facilities
running From the City's treated water system to the GCGV plant site west of Gregory(hereinafter
the"Project"); and
WHEREAS, in connection with the District's plans to build a new 54"to 48"treated water
pipeline, the City has requested the District to design and build a new 24" pvc treated water
pipeline to replace an existing 20"cast iron pipeline on Up River Road in Corpus Christi, Texas,
the same being more particularly described in the Agreement for Professional Engineering
Services attached hereto as Exhibit "A'' and as depicted in the aerial maps attached hereto as
Exhibit"Bi'and
WHEREAS, the District will also decommission an existing 30-inch cast iron
waterline owned by the City which will no longer be needed and the District will design
and build an 8" pvc water line to loop all of the disconnected water connections from the
30" cast iron line, the same being more particularly described in the Agreement attached
hereto as Exhibit"A" and as depicted in the aerial maps attached hereto as Exhibits "B"
and "C."
Interlocal Agreement Between City and SPMWD I
WHEREAS, the District will enter into a Second Agreement for Professional
Engineering Services and Construction Administration Services with J. Schwarz &
Associates, Inc. (hereinafter the "Second Agreement') for the 24" Up River Road
Waterline Project and the 30" Transmission Waterline Decommission Project, the same
being more particularly described in the Agreement attached hereto as Exhibit "A;' and
WHEREAS, all engineering plans, specifications and construction administration
services associated with the work described in the Second Agreement will be designed
and performed in accordance with American Water Works Association ("AWWA")
specifications and all other applicable State, Federal and Municipal rules, regulations and
specifications for water pipeline design and construction; and
WHEREAS, the District shall provide the City with copies of the Engineer's designs,
drawings. plans,specifications and other documents related to the 24" Up River Road Waterline
Project and the 30" Transmission Waterline Decommission Project ("City's Project') for the
City's review in electronic, digital and printed format as requested by City; and
WHEREAS, the City will reimburse the District for all costs associated with the
design and engineering of the City's Project as further described in Exhibit "A" attached
hereto and in accordance with the terms set forth in this Interlocal Agreement; and
WHEREAS, this Agreement is made pursuant to Chapter 791, Texas Government
Code; and
WHEREAS, all payments due and owing under this Agreement shall be paid with current
revenues available to the City or the District.
NOW, THEREFORE, the City of Corpus Christi, Texas and the San Patricio
Municipal Water District hereby agree as follows:
SECTION I. PROJECT SCOPE.
1.01 The District will design and build a 54'. to 48" treated water line to transport
additional supplies of treated water from the City's Treated Water System at
a location near the O.N. Stevens Water Treatment Plant to the GCGV Plant
Site west of Gregory, Texas (the "Project').
1.02 In connection with the Project, the District will enter into a Second
Agreement for Professional Engineering Services with Engineer to design
and engineer approximately 16,250 Linear feet of 24" PVC treated water
pipeline and to remove approximately 13,500 feet or existing 20" cast iron
waterline as further described in the Agreement attached hereto as Exhibit
A -.
Interlocal Agreement Between City and SPMWD 2
1.03 The District will also con tract with Engineer to decommission approximately
32,000 linear feet of existing 30-inch cast iron waterline in the City and
prepare plans and specifications for approximately 5,650 linear feet of new
8" pvc waterline to loop the dead-end water connections as further described
in the Agreement attached hereto as Exhibit "A."
SECTION 2. OBLIGATIONS OF THE DISTRICT AND THE CITY'.
2.01 The District shall enter into a Professional Engineering Services Agreement with J.
Schwarz & Associates, Inc. ("Engineer") to perform all design and engineering
services related to the 24' Up River Road Waterline Project and the 30"Transmission
Waterline Decommission Project as further described in the Agreement attached
hereto as Exhibit "A" (the"Second Agreement').
2.02 The District shall provide the City with an executed copy of the Second Agreement
with Engineer and the City agrees to provide all information in its possession which
is reasonably needed by Engineer to design, engineer and administer the City's
Project for the City.
2.03 The District will provide the City with originals or copies of all plans. designs,
specifications and all other documents prepared by Engineer for the City's Project.
The City will have a reasonable amount of time to review and comment on Engineer's
plans, designs, specifications and other documents related to the City's Project prior
to the District advertising the project for competitive sealed proposal or bid.
2.04 The District will direct Engineer to meet with City representatives to discuss the
City's Project or requested changes to the plans and specifications for the City's
Project as deemed necessary by City representatives. These meetings will not accrue
additional charges from Engineer unless they involve additional work or special
engineering services which are not covered by the Second Agreement between the
District and the Engineer.
2.05 The District shall ensure that all engineering plans and specifications associated
with the treated water lines for the City's Project are designed in accordance
with American Water Works Association ("A WWA' ) specifications and all
other applicable State, Federal and Municipal rules, regulations and
specifications for water pipeline design and construction
2.06 The District shall require Engineer to carry a minimum of S1,000,000.00 professional
liability insurance for this Project with a reputable Insurance Carrier licensed to write
professional liability insurance policies in the State of Texas. This policy shall
include a waiver of subrogation endorsement in favor of the District and the City.
The District shall also require the Engineer to provide copies of current Automobile
Interlocal Agreement Between City and SPMWD 3
Liability coverage and Workers Compensation coverage as may be required by the
Stale of Texas for this Project. The District shall provide copies of Engines
Certificate of Insurance and policy endorsements for this Project to the City upon
execution of this Agreement.
2.07 The City will reimburse the District for all fees charged by Engineer related to the
Engineer's design, plans and specifications of the City's Project as further described
in the Agreement attached hereto as Exhibit "A." The District will invoice the City
for Engineer's fees on the City's Project and the City will pay said invoice within
sixty(60) days of receipt. Should the City dispute any costs or charges from District
associated with the Engineer's work on the City's Project, the District and City shall
work to resolve said questions or disputes as quickly as possible.
2.08 Upon Engineer's completion of the work on the City's Project and upon final payment
from City to the District for the design and engineering work on the City's Project.
the District shall transfer a copy of alt final plans, designs, specifications or other
documents prepared by Engineer for the City's Project to the City's designated
representative by means designated by the City.
SECTION 3. TERM OF AGREEMENT
3.01 This Agreement shalt become effective upon the date last signed by the parties hereto
and shall remain in full force and effect until the Engineer's work is completed, the
District transfers copies of the Engineer's plans, designs, specifications and other
related documents for the City's Project to the City of Corpus Christi and final
payment for the work set out in the Agreement attached hereto as Exhibit "A" has
been made. However, Section 5 of this Agreement shall survive termination of this
Agreement.
SECTION 4. DEFAULT
401 If either party determines that the other party is in default under this Agreement, the
party claiming default by the other party shall give written notice to the other party,
which states the nature of the default. The notice must be delivered to the defaulting
party in accordance with the Notice provisions contained herein. The defaulting party
shall have thirty(30) days to cure the default, or if such default cannot be reasonably
cured within said thirty (30) day period, the defaulting party shall use reasonable
efforts to cure the default as soon as possible.
4.02 If the defaulting party does not cure the default and reimburse the party not in default
for any and all costs incurred as a result of the default within thirty(30)days,or if the
default cannot be reasonably cured within a thirty(30) day period, and the defaulting
party does not use reasonable efforts to cure the default and reimburse the party not in
default for any and all costs incurred as a result of the default, the party claiming
default may terminate this Agreement and seek any remedy available at law or in
Interlocal Agreement Between City and SPMWD 4
equity, including an action in mandamus or for specific performance.
SECTION 5. INDEMNIFICATION
5.01 District agrees to indemnify and hold harmless the City of Corpus Christi
and its officials, officers, agents and employees ("Indemnitee")from and
against any and all claims, damages, losses or expenses, including but
not limited to Attorney's fees, court costs, or dispute resolution costs,
arising out of or resulting from District's obligations under this
Agreement or District's performance of the work, violations of the law, or
bodily injury, death, or destruction of tangible property caused by the
negligent acts or omissions or intentional acts or omissions of the
District or Engineers, Contractors, Subcontractors or Consultants
working for the District or under the control of the District. Provided,
however, nothing herein shall be construed to require District to
indemnify Indemnitee against a claim, loss, damage or expense caused
by the sole negligence or fault of Indemnitee.
5.02 District shall defend Indemnitee with legal 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 solely on the negligence or intentional act wrongful act of
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.
SECTION 6. MISCELLANEOUS.
6.01 Amendment. This Interlocal Agreement may be amended only by written
instrument duly executed by authorized representatives of each party.
6.02 Notices. Any notices required or permitted to be given hereunder shall be given in
writing and shall be delivered (a) in person, (b) by certified mail, postage prepaid,
return receipt requested,or(c)by a commercial overnight courier that guarantees next
day delivery and provides a receipt,and such notices shall be addressed as follows:
San Patricio Municipal Water District
Attn: General Manager
P.O. Box 940
Ingleside, Texas 78362
City of Corpus Christi
Attn: City Manager
P.O. Box 9277
Corpus Christi,Texas 78469
Interlocal Agreement Between City and SPMWD 5
6.03 Severability. Any provision or part of this Agreement held to be void or
unenforceable under any laws or regulations shall be deemed stricken, and all
remaining provisions shall continue to be valid and binding upon District and City,
who agree that this Agreement shall be reformed to replace such stricken provision or
part thereof with a valid and enforceable provision that comes as close as possible to
expressing the intention of the stricken provision.
6.04 Non-Waiver. Failure ofany party hereto to insist on the strict performance o['any
of the agreements herein or to exercise any rights or remedies accruing hereunder upon
default or failure of performance shall not be considered a waiver of the right to insist
on, and to enforce by any appropriate remedy, strict compl lance with any other
obligation hereunder or to exercise any right or remedy occurring as a result of any
future default or failure of performance.
6.05 Governing Law and Venue. This Agreement shall be performed in Nueces
County,Texas,and shall be interpreted according to the laws of the State of Texas.
6.06 Assignment. This Agreement shall be binding on and inure to the benefit of the
parties to this Agreement and their respective successors and permitted assigns. This
Agreement may not be assigned by any party without the written consent of all of the
other parties.
IN WITNESS HEREOF, the City and the District have made and executed this Agreement as of
the date shown below in multiple copies, each of which is an original.
SAN PATRICIO MUNICIPAL CITY OF CORPUS CHRISTI
WATER DISTRICT
Name: Name:
Title: Title:
Date: Date:
ATTEST:
Rebecca Huerta,City Secretary (Date)
Interlocal Agreement Between City and SPMWD 6
APPROVED AS TO FORM: APPROVED AS TO LEGAL FORM:
(Date) Assistant City Attorney
Interlocal Agreement Between City and SPMWD 7
EXHIBIT"A"
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
24"UP RIVER ROAD WATERLINE PROJECT
30" TRANSMISSION WATERLINE DECOMMISSION PROJECT
JSA PROJECT#2018033
SAN PATRICIO MUNICIPAL WATER DISTRICT
San Patricio Municipal Water District hereinafter called "OWNER" and J. Schwarz &
Associates, Inc. (F-8138), hereinafter called "ENGINEER", whether one or more, have this
day of ,entered into this agreement("Agreement")
and agree as follows:
1.0 BASIC AGREEMENT
1.1 Project Description: ENGINEER hereby agrees to perform all engineering services
as specifically noted herein for the proper design and construction administration for
the completion of the "24" Up River Road Waterline Project and 30" Transmission
Waterline Decommission Project" (the "Project"). The 24" Up River Road
Waterline Project consists of the installation of approximately 16,250 linear feet of
24" PVC waterline. The new 24" waterline will replace an existing 20" cast iron
waterline that currently runs along Up River Road. The waterline route will begin
at intersection of Sharpsburg Road and Up River Road, continue east along Up
River Road until it crosses Interstate 37 at Sessions Road. The waterline will
continue east on the south side of Interstate 37 to the intersection of McKinzie
Road and Up River Road, where it will be connected to an existing 24" waterline.
The project will include the removal of approximately 12,500 linear feet of existing
20" cast iron waterline. The proposed waterline will loop the new 54" and 48"
waterline to San Patricio Municipal Water District to the existing City of Coipus
Christi 24" Waterline located on McKinzie. Existing connections to
approximately 15 different City of Corpus Christi distribution system waterlines
will be required. The project will also require the reinstallation of affected fire
hydrants and miscellaneous service connections.
The 30" Transmission Waterline Decommission Waterline Project consists of the
decommissioning of approximately 32,000 linear feet of existing 30" cast iron
waterline beginning on the east side of IH 37 directly east of the Cunningham Plant
and continuing south and east along IH 37 and Leopard Road to the intersection
of Leopard Road and Rand Morgan Road. The decommissioning of this waterline
will create dead end waterlines along the route that will need to be looped as part
of the project. In order to eliminate the dead ends, approximately 5,650 linear feet
of 8" PVC waterline will be installed. The decommissioning of the 30" water
i
will require approximately 29 separate disconnections where the line will be cut
and capped in order to create a positive disconnection from the distribution system.
The basic professional service components of the project scope are outlined in the
attached Exhibit A-.Project Scope.
1.2 Items Excluded from Scope of Services: Items that are not specifically mentioned
and detailed in Exhibit A — Project Scope are not included in this contract. In the
event that the scope changes, ENGINEER will work with OWNER to establish a
new not to exceed limit based upon the level of completion performed as of the time
of scope change with consideration of the prior work completed to date. Examples
of such exclusions which may be required by OWNER in connection with this
Project but are not included in this contract are:
• Resident inspection during construction of the Project;
• Construction phase geotechnical testing;
• Construction phase environmental testing;
• Construction phase corrosion engineering testing
• As Built ground survey of project
1.3 ENGINEER shall provide, or cause to be provided, the services set forth in this
Agreement. If authorized by OWNER, or if required because of changes in the
Project, ENGINEER shall furnish services in addition to those set forth above.
OWNER shall pay ENGINEER for its services as set forth in Paragraph 5.0
Compensation.
1.4 ENGINEER shall complete its services within a reasonable time or within the
following specific time period: 6 months from issuance of Notice to Proceed from
OWNER.
2.0 PROJECT TEAM
2.1 A "Subcontractor" or "Subconsultant" is a person or entity who has a direct
contract with ENGINEER to perform certain services for the Project. The term
"Subcontractor" or "Subconsultant" does not include a separate contractor or
subcontractors of any constructor. Each Subcontract related to part of the services
performed by such Subcontractor or Subconsultant for the ENGINEER shall
require that such services be performed in accordance with the requirements of this
Agreement and require such Subcontractor or Subconsultant to carry and maintain
insurance acceptable to OWNER and ENGINEER.
2.2 Professional Services: ENGINEER shall provide all services outlined in this
Agreement in accordance with the terms of this Agreement and applicable law, as
necessary to insure the Project is completed timely and efficiently consistent within
the Project requirements,including,but not limited to, working in close interaction
and interfacing with OWNER and its designated employees, and working closely
with others, including other consultants or contractors retained by OWNER.
2
3.0 PROJECT SCHEDULE
3.1 ENGINEER shall furnish the documents and personally render or provide the
services required by this Agreement in such sequence and at such times as may be
necessary to insure the prompt and continuous design and construction of the Project.
The term of the Agreement shall be from the date of execution to the date of final
completion of all Project construction items and their acceptance by OWNER.
4.0 SUCCESSORS, ASSIGNS AND BENEFICIARIES
4.1 OWNER and ENGINEER are hereby bound and the successors, executors,
administrators, and legal representatives of OWNER and ENGINEER (and to the
extent permitted by Paragraph 4.2 the assigns of OWNER and ENGINEER) are
hereby bound to the other party to this Agreement and to the successors, executors,
administrators, and legal representatives (and said assigns) of such other party, in
respect of all covenants, agreements,and obligations of this Agreement.
4.2 Neither OWNER nor ENGINEER may assign, sublet, or transfer any rights under
or interest (including, but without limitation, moneys that are due or may become
due) in this Agreement without the written consent of the other, except to the extent
that any assignment, subletting, or transfer is mandated or restricted by law. Unless
specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or responsibility
under this Agreement.
4.3 Unless expressly provided otherwise including, as expressly set forth in Paragraph 2.1
hereof, nothing in this Agreement shall be construed to create,impose, or give rise to
any duty owed by OWNER or ENGINEER to any contractor, subcontractor,
supplier, other individual or entity, or to any surety for or employee of any of them.
All duties and responsibilities undertaken pursuant to this Agreement will be for the
sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of
any other party.
3
5.0 COMPENSATION
5.1 OWNER will pay to ENGINEER based on the attached rate schedule as follows:
1.0 Design Services:
Basic Services- $ 194,600.00
Special Services- $ 24,000.00
2.0 Project Bid and Award:
Basic Services- $ 11,200.00
3.0 Construction Administration:
Basic Services- $ 28,000.00
Based on the fee schedule above, ENGINEER'S compensation for the Project,
including those furnished by its Subconsultants or Subcontractors will not exceed a
limit of$233,800.00(basic services)and$24,000.00(special services). Basic and special
services provided by Subconsultants and Subcontractors shall be billed at a cost plus 8%
basis. Exhibit B outlines the proposed resource allocation schedule for the Project.
ENGINEER'S Standard Hourly Rate sheet, and subcontractor proposals are attached
for reference.
5.2 Change in Scope of Project: The Compensation may be equitably adjusted if the
originally contemplated Scope as outlined in Exhibit A — Project Scope is
significantly modified.
5.3 Adjustments to Compensation require a written amendment to this Agreement
executed by OWNER and ENGINEER and may require Board approval.
5.4 Additional services which are outside the Scope of the Project contained in the
Agreement may not be performed by ENGINEER without prior written
authorization from OWNER.
5.5 Notwithstanding the incorporation of the Exhibits to this Agreement by reference,
should any conflict arise between the provisions of this Agreement and the
provisions found in the Exhibits and accompanying attachments, the provisions of
this Agreement shall take priority and govern the conduct of the parties.
6.0 PAYMENT PROCEDURES
6.1 ENGINEER shall prepare invoices in accordance with its standard invoicing
practices and submit the invoices to OWNER on a monthly basis. Invoices are due
and payable within 30 days of receipt. If OWNER fails to make any payment due
ENGINEER for services and expenses within 30 days after receipt of ENGINEER'S
invoice, then the amounts due ENGINEER will be increased at the rate of 1.0%per
4
month(or the maximum rate of interest permitted by law, if less) from said thirtieth
day. Payments will he credited first to interest and then to principal.
7.0 CONTRACT TERMINATION
7.1 The obligation to continue performance under this Agreement may be terminated:
7.1.1 For cause,
7.1.1.1 By either party upon 30 days written notice in the event of substantial
failure by the other party to perform in accordance with the Agreement's
terms through no fault of the terminating party. Failure to pay
ENGINEER for its services as set forth herein and in compliance with
this Agreement is a substantial failure to perform and upon proper
notice, a basis for termination.
7.1.1.2 By ENGINEER:
7.1.1.2.1 Upon seven days written notice if OWNER demands that
ENGINEER furnish or perform services contrary to ENGINEER'S
responsibilities as a licensed professional; or
7.1.1.2.2 Upon seven days written notice if ENGINEER's services for the
Project are delayed for more than 90 days for reasons beyond
ENGINEER'S control.
7.1.1.3 Notwithstanding the foregoing, this Agreement will not terminate as a
result of a substantial failure under Paragraph 7.1.1 if the party receiving
such notice begins,within seven days of receipt of such notice,to correct
its substantial failure to perform and proceeds diligently to cure such
failure within no more than 30 days of receipt of notice; provided,
however, that if and to the extent such substantial failure cannot be
reasonably cured within such 30 day period, and if such party has
diligently attempted to cure the same and thereafter continues diligently
to cure the same, then the cure period provided for herein shall extend
up to, but in no case more than, 60 days after the date of receipt of the
notice.
7.1.2 For convenience, by OWNER effective upon ENGINEER'S receipt of written
notice from OWNER.
7.2 The terminating party under Paragraph 7.1 may set the effective date of
termination at a time up to 30 days later than otherwise provided to allow
ENGINEER to complete tasks whose value would otherwise be lost, to prepare
notes as to the status of completed and uncompleted tasks, and to assemble Project
materials in orderly files.
5
7.3 In the event of any termination under Paragraph 7.1, ENGINEER will be entitled
to invoice OWNER and to receive full payment for all undisputed services
performed or furnished in accordance with this Agreement and all reasonable and
reimbursable expenses incurred through the effective date of termination.
8.0 INSURANCE
8.1 ENGINEER, and each Subconsultant or Subcontractor providing services or
materials associated with this Agreement shall maintain the following insurance
coverages throughout the Project's duration:
8.1.1 Comprehensive General Liability insurance policy on Insurance Service Office
(ISO)-CGL Form No. CG 00 01 11 85 or 88 in an amount of not less than
$1,000,000 per occurrence, $2,000,000 aggregate for bodily injury, personal
injury and property damage. OWNER shall be listed as additional insured and
OWNER shall be provided thirty(30) days' notice of cancellation or material
change in any insurance coverage;
8.1.2 Automobile Liability Insurance coverage, Insurance Services Office(ISO)code
1 (any auto)in the amount of$1,000,000 combined single limit per accident for
bodily injury and property damage. OWNER shall be provided a waiver of
subrogation;
8.1.3 Worker's Compensation Insurance for ENGINEER'S employees and
employees and agents of ENGINEER'S agents and Subcontractors, as required
by the Labor Code State and Employers Liability Insurance in the amount of,
at least, $1,000,000 per accident, for bodily injury and disease. OWNER to be
provided a waiver of subrogation;
8.1.4 A policy of errors and omissions insurance in a minimum amount of
$1,000,000.00 per occurrence and $2,000,000.00 aggregate, to cover any
negligent acts or omissions committed by ENGINEER, its employees and/or
agents or ENGINEER's Subcontractors and agents and their employees
and/or agents in the performance of this Agreement.
8.2 All insurance coverage shall be 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) and must be acceptable to OWNER and
OWNER shall be provided thirty (30) days' notice of cancellation or material
change in any insurance coverage.
9.0 GENERAL CONSIDERATIONS
9.1 The standard of care for all professional engineering and related services performed
or furnished by ENGINEER under this Agreement will be the care and skill
6
ordinarily used by members of the subject profession practicing under similar
circumstances at the same time and in the same locality. Subject to the foregoing
standard of care, ENGINEER and its consultants may use or rely upon design
elements and information ordinarily or customarily furnished by others,including,
but not limited to, specialty contractors, manufacturers, suppliers, and the
publishers of technical standards.
9.2 ENGINEER shall not at any time supervise, direct,control, or have authority over
any contractor's work,nor shall ENGINEER have authority over or be responsible
for the means, methods, techniques, sequences, or procedures of construction
selected or used by any contractor, or the safety precautions and programs incident
thereto, for security or safety at the Project site, nor for any failure of a contractor
to comply with laws and regulations applicable to such contractor's furnishing and
performing of its work.
9.3 This Agreement shall be governed and construed in accordance with the laws of
the State of Texas, excluding any conflict of law or other provision referencing the
laws of another jurisdiction. OWNER and ENGINEER each hereby submit to
the exclusive jurisdiction of the federal and state courts located in San Patricio
County, Texas.
9.4 ENGINEER neither guarantees the performance of any contractor nor assumes
responsibility for any contractor's failure to famish and perform its work in
accordance with the contract between OWNER and such contractor.
ENGINEER is not responsible for variations between actual construction bids or
costs and ENGINEER'S opinions or estimates regarding construction costs.
9.5 Except for the Subcontractor and Subconsultants, described in Paragraph 2.1
herein, ENGINEER shall not be responsible for the acts or omissions of any
contractor, subcontractor, or supplier, or of any of their agents or employees or of
any other persons (except ENGINEER'S own employees) at the Project site or
otherwise furnishing or performing any construction work; or for any decision
made regarding the construction contract requirements, or any application,
interpretation, or clarification of the construction contract other than those made
by ENGINEER.
9.6 The general conditions for any construction contract documents prepared
hereunder are to be the "Standard General Conditions of the Construction
Contract" as prepared by the Engineers Joint Contract Documents Committee
unless the parties agree otherwise.
9.7 All documents prepared or furnished by ENGINEER (excluding all survey data),
are instruments of service, and ENGINEER retains an ownership and property
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interest(including the copyright and the right of reuse)in such documents, whether
or not the Project is completed. OWNER shall have a limited license to use the
documents on the Project, extensions of the Project, and for related uses of
OWNER, subject to receipt by ENGINEER of payment for all services relating to
preparation of the documents as set forth in this Agreement and subject to the
following limitations: (1) OWNER acknowledges that such documents are not
intended or represented to be suitable for use on the Project unless completed by
ENGINEER, or for use or reuse by OWNER or others on extensions of the
Project, on any other project, or for any other use or purpose, without written
verification or adaptation by ENGINEER; (2) any such use or reuse, or any
modification of the documents, without written verification, completion, or
adaptation by ENGINEER, as appropriate for the specific purpose intended, will
be at OWNER'S sole risk and without liability or legal exposure to ENGINEER
or to its officers, directors, members, partners, agents, employees, and consultants;
(3) OWNER shall indemnify and hold harmless ENGINEER and its officers,
directors, members, partners, agents, employees, and consultants from all claims,
damages, losses, and expenses, including attorneys' fees, arising out of or resulting
from any reuse, or modification of the documents without written verification,
completion, or adaptation by ENGINEER; and (4) such limited license to
OWNER shall not create any rights in third parties.
9.8 To the fullest extent permitted by law, OWNER and ENGINEER (1) waive
against each other, and the other's employees, officers, directors, agents, insurers,
partners, and consultants, any and all claims for or entitlement to special,
incidental, indirect, or consequential damages arising out of, resulting from, or in
any way related to the Project, and (2) agree that ENGINEER'S total liability to
OWNER under this Agreement shall be limited to$100,000.00 or the total amount
of compensation received by ENGINEER, whichever is greater.
9.9 The parties acknowledge that ENGINEER'S scope of services does not include
any services related to a Hazardous Environmental Condition (the presence of
asbestos, PCBs, petroleum, hazardous substances or waste as defined by the
Comprehensive Environmental Response, Compensation and Liability Act, 42
U.S.C. §§9601 et seq., or radioactive materials). If ENGINEER or any other party
encounters a Hazardous Environmental Condition, ENGINEER may, at its
option and without liability for consequential or any other damages, suspend
performance of services on the portion of the Project affected thereby until
OWNER: retains appropriate specialist consultants or contractors to identify and,
as appropriate, abate, remediate, or remove the Hazardous Environmental
Condition.
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9.10 OWNER and ENGINEER agree to negotiate each dispute between them in good
faith during the 30 days after notice of dispute. If negotiations are unsuccessful in
resolving the dispute, then the dispute shall be mediated. If mediation is
unsuccessful, then the parties may exercise their rights at law.
9.11 The standard of care for all professional and related services performed or
furnished by ENGINEER under this Agreement will be performed with all
necessary registrations, licenses, permits, or authorizations, and in a competent
manner,in accordance with good engineering practices. This executed Agreement
shall act as a representation and warranty to that effect.
9.12 ENGINEER shall comply with applicable federal, state and local laws, rules and
regulations and with standards mandated by OWNER. This Agreement is based
on these requirements as of its Effective Date. Changes to these requirements after
the Effective Date of this Agreement may be the basis for modifications to
ENGINEER'S responsibilities and to the scope, schedule, and compensation of or
for ENGINEER'S services upon the prior written approval of OWNER.
9.13 ENGINEER shall not be requested to sign any documents, no matter by whom
requested, that would result in ENGINEER'S having to certify, guarantee, or
warrant the existence of conditions whose existence ENGINEER cannot ascertain
and, within the scope of ENGINEER'S services hereunder, have not been and
could not be ascertained. OWNER agrees not to make resolution of any dispute
with the ENGINEER or payment of any amount due to the ENGINEER in any
way contingent upon ENGINEER signing any such certification.
9.14 At any time, OWNER may request that ENGINEER, at OWNER'S sole expense,
provide additional insurance coverage,increased limits, or revised deductibles that
are more protective than those shown in the Agreement.
9.15 Any notice required under this Agreement will be in writing, addressed to the
appropriate party at its address on the signature page, and given personally, or by
registered or certified mail, postage prepaid, or by a commercial courier service.
All notices shall be effective upon the date of receipt.
9.16 Al] express representations, indemnifications or limitations of liability included in
this Agreement shall survive its completion or termination for any reason.
9.17 Any provision or part of this Agreement held to be void or unenforceable under
any laws or regulations shall be deemed stricken, and all remaining provisions shall
continue to be valid and binding upon OWNER and ENGINEER, who agree that
this Agreement shall be reformed to replace such stricken provision or part thereof
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with a valid and enforceable provision that comes as close as possible to expressing
the intention of the stricken provision.
9.18 Non-enforcement of any provision of this Agreement by either party shall not
constitute a waiver of that provision, nor shall it affect the enforceability of that
provision or of the remainder of this Agreement.
9.19 ENGINEER shall be responsible for the technical accuracy of its services, data,
and Documents resulting there from, and OWNER shall not be responsible for
discovering deficiencies therein. ENGINEER shall correct such deficiencies
without additional compensation, except to the extent that such action is directly
attributable to deficiencies in OWNER-furnished information.
9.20 ENGINEER may employ Subcontractors and Subconsultants as ENGINEER
deems necessary to assist in the performance or funding of such services.
ENGINEER shall not be required to employ any Subcontractor and Subconsultant
unacceptable to ENGINEER.
9.21 Unless indicated otherwise by OWNER at the time of transmittal to ENGINEER,
OWNER shall be responsible for, and ENGINEER may rely on,the accuracy and
completeness of requirements, programs, instructions, reports, data, and other
information furnished by OWNER pursuant to this Agreement. ENGINEER may
use such requirements, programs, instructions, reports, data and other information
in performing or furnishing services under this Agreement.
9.22 It is understood and agreed that if ENGINEER's Basic Services , Special Services,
and/or Additional Services under this Agreement do not include Project
observation, review of the Contractor's performance, or any other Construction
Phase or Post Construction Phase services, and that such services will be provided
by OWNER, then ENGINEER has no responsibility for interpretation of the
Contract Documents and for construction observation or review and OWNER
assumes responsibility for any claims against ENGINEER to the extent they are
connected thereto. Notwithstanding the above, ENGINEER shall be responsible
for its professional opinions and interpretations provided by ENGINEER during
the said Phases upon request by OWNER.
9.23 Copies of OWNER-furnished data that may be relied upon by ENGINEER are
limited to the printed copies (also known as hard copies) that are delivered to
ENGINEER by OWNER. Files in electronic media format of text, data, or
graphics, Of of other types that are furnished by OWNER to ENGINEER are only
for convenience of ENGINEER. Any conclusion or information obtained or
derived from such electronic files will be at the user's sole risk. Copies of
Documents that may be relied upon by OWNER are limited to the printed copies
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(also known as hard copies) that arc signed or sealed by ENGINEER. Files in
electronic media format of text, data, or graphics, or of other types that are
furnished by ENGINEER to OWNER are only for convenience of OWNER. Any
conclusion or information obtained or derived from such electronic files will be at
the user's sole risk.
9.24 Because data stored in electronic media format can deteriorate or be modified
inadvertently or otherwise without authorization of the data's creator, the party
receiving electronic files agrees that it will perform acceptance tests or procedures
within 60 days, after which the receiving party shall be deemed to have accepted
the data thus transferred. Any errors detected within the 60-day acceptance period
will be corrected by the party delivering the electronic files. ENGINEER shall not
be responsible to maintain documents stored in electronic media format after
acceptance by OWNER.
9.25 If there is a discrepancy between the electronic files and the hard copies, the hard
copies govern.
9.26 When transferring documents in electronic media format, ENGINEER makes no
representations as to long-term compatibility, usability, or readability of
documents resulting from the use of software application packages, operating
systems, or computer hardware differing from those used by ENGINEER at the
completion of this part of the Project.
9.27 "Confidential Information" means any information, data, knowledge and know
how (in whatever form and however communicated or maintained, whether
verbally, electronically or documentary, computer storage or otherwise, including
notes that are based on, contain or reflect any Confidential Information) with
respect to the Project, including but not limited to financial, engineering, survey,
drawings, plans, specifications, environmental assessments and other data in
connection with the Project, any non-public OWNER data and any non-public
information or materials related to OWNER'S products, current or future product
or service plans, business, clients and finances, which is either identified as
confidential and proprietary at the time of disclosure or which, under the
circumstances, should reasonably be expected to be confidential and proprietary.
ENGINEER will, and will cause ENGINEER's Subcontractors and
Subconsultants to, hold in confidence all Confidential Information. ENGINEER
may not use, and will cause ENGINEER's Subcontractors and Subconsultants to
not use, Confidential Information for any purpose other than for the Project.
OWNER accepts no obligation of confidence with respect to items acquired or
information disclosed, no matter how labeled, to OWNER by ENGINEER or
ENGINE.ER's Subcontractors and Subconsultants. ENGINEER may not, and
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shall cause ENGINEER's Subcontractors and Subconsultants to not, place any
restrictive notices on any information, no matter the form of its recording, that
either ENGINEER or ENGINEER's Subcontractors and Subconsultants provide
to OWNER hereunder and OWNER is authorized to remove or disregard any
such notices placed on information by either ENGINEER or ENGINEER's
Subcontractor and Subconsultants in violation of this provision.
9.28 ENGINEER will not, without the prior written consent of OWNER, use and will
require Subcontractors and Subconsultants to not use, any name, trade name, or
trademark of OWNER or its affiliates or business partners.
9.29 ENGINEER will and will cause ENGINEER's Subcontractors and
Subconsultants to conduct their activities in an ethical manner and will not engage
in any activity that could create a conflict of interest, such as making, receiving, or
offering substantial gifts, entertainment, payments, loans or anything else of value
to personnel or representatives of OWNER or its affiliates, or their families, for the
purpose of influencing those persons to act contrary to OWNER'S and its affiliates'
best interests. ENGINEER will provide, and will cause ENGINEER'S
Subcontractors and Subconsultants to provide, complete and accurate financial
documentation relating to this paragraph to OWNER promptly upon request.
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10. TOTAL AGREEMENT
10.1 This Agreement(including any expressly incorporated attachments), constitutes the
entire agreement between OWNER and ENGINEER and supersedes all prior
written or oral understandings. This Agreement may only be amended,
supplemented, modified, or canceled by a duly executed written instrument.
EXECUTED IN TRIPLICATE, each of which shall be considered an original, this
day of
SAN PATRICIO MUNICIPAL
WATER DISTRICT J. SCHWARZ&ASSOCIATES, INC.
OWNER ENGINEER
PO BOX 940 PO Box 60733
Ingleside, Texas 78362 Corpus Christi, Texas 78466
Signature James Schwarz,P.E.
Title Title
Date Date
D:\JSA\SPMWD\exxan\CorpusCUS\Corpnslineconnazadocx
13
CITY OF CORPUS CHRISTI
CERTIFICATION OF FUNDS
(City Charter Article IV, Sections 7 & 8)
I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly
authorized representative), hereby certify to the City Council and other appropriate officers that
the money required for the current fiscal year's portion of the contract, agreement, obligation
or expenditure described below is in the Treasury to the credit of the Fund specified below, from
which it is to be drawn, and has not been appropriated for any other purpose. Future payments
are subject to annual appropriation by the City Council.
City Council Action Date: August 21, 2018 Legistar Number: 18-0967
Agenda Item:
Resolution authorizing an Interlocal Agreement with San Patricio Municipal Water District for
water line improvements.
Amount Required: $ 257,800.00
Fund Name Accounting Unit Account No. Activity No. Amount
Water Fund 4010-31520-041 550060 $ 257,800
Total $ 257,800
Certification Not Required
Director of Financial Services
Date: AUG 2 0 2018