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HomeMy WebLinkAboutC2007-290 - 9/11/2007 - ApprovedAg~eement for Consultant Services Water Qualit Process E~aluation The Ciky of Corpus Christi, Texas, hereinafter called "City", and Chiang, Patel & Yerby, Inc., he~einafter called "Consultant", hereby agree as foflows: I. SERVICES TO BE PERFORMED The Consultant hereby agrees, at hislher awn expense, to perForm alf services necessary to research, document, and complete the scape of wor~c to complete the project described as follows. ~I. SC~PE QF SERVICES The Consultant will assist the City in identifying disinf~ction and trea#ment issues resulting in the Texas Commission on Environmental Quality's "TCEQ" Notice of Enforcement dated August 30, 2407. The services wili cansist of an analysis of thase disinfection a~d treatmen# issues including review the Water Department equipment, practices, pracedures, personnel, training, quality analysis and quality co~trol measures. The service wili include review of corrective measures and changes implemented, beir~g implerr~ented and propased ta be implemented. The services will be di~ided into two phases consisting of a short term phase necessary to gather information and to cor~duct the necessary reviews to develop a scope of recommended services necessary ta: • determine #he cause(s) leading to the Notice of ~nforcement, • recommended corrective measures to prevent a recurrence failures i~ the disinfection and treatment process; and • cfelivery a peer review to mor~itor implem~~tation of corrective measures. LIST OF TASKS A. PHASE I 1. S1TE VISIT AND DATA COLL.ECTIQN - The Consultant wi11 ~isit public water suppfy facilities, treatment plants, pumping stations, storage reservoirs and other faciliti~s to become familiar with the facilities, observe their operations, interview personnek as needed, and review standard aperating procedures, record keeping and monitaring systems, and protocols with particular emphasis to disinfectian and treatmen# processes. 2. CORRECTIVE ACTIONS - The Consultant will review corrective actions inikiated by City and recommendations of City Cansultants to address disinfection and treatment issues to understand how they relate to the TCEQ Notice of Enforcement, the sufficiency of the actions, and recammendations for the modification of the actions andlor additional actions to help ensure that there will be no recurrer~ce of e~ents. 3. PRELIMiNARY REPORT - The Consultant will prepare a Preliminary Report detailing findings as to the causes of the e~ents leading to the Notice af Enforcement Order describing what happened, why it happened, and a preliminary list of actions to prevent a recurrence of the event(s}. B. PHASE fl 1. RECOMMENDED SERVICES - Tt~e Consultant wili prepare a program of recommended services needed of any recommended additianal st~dies, short terrri and long #erm measures to needed to ensure the City maintains a pragram that operates its 2007-290 treatment ar~d notification systems in compliance with applicable 09/11/47 ~To be De#in~d) M2007-237 Chiang, Patel & Yerby Page 1 of 5 ~ 2. PEER REV~EW - The Consultant will prepare a program of peer review to monitor and report to the City Council the progress and rate at wfi~ich the recommended modi#icatians and measures are being implemen#ed by the City. (To be Defined} Phase II Services - The recommended serrrices will be undertaken by the Consultant upon authorization of the City Council when evidenced by a written amendment of this cantract. C. PO1NT OF CONTACT - The Mayor of the City of Carpus Christi will be the single point of con#act for all communications, information and documents to ~ass through. Any actions taken by the Consultant on instructions, infarmation or concurrence provided by or through any other saurce wiH not be compensatec! under this contract. D. ORDER OF SERVICES - The Consultant agrees to begin work immediately after written authorization. The preliminary sc~eduie for the project is attached as Exhibit A. XI. FEES AUTHORIZED The City will pay t~e Consuitant a total not to exceed fee of $54,000.00 for Phase 1 Services. This fee will be full and totai not to exceed comp~nsation for all services provided and aut~orized expenses incurred in perfarming the tasks specified. Authorized expenses include out o# town travel, lodging, and meal. Mileage will be reimbursed at the IRS authorized rate. Ot~er aut~orized expenses will be reimbursed upan submission photocopies af receipts. The Consuftant will not be reimbursed for mileage whi~e traveling within the City of Corpus Christi. The tabl~ "Summary of F~es" shal! be used when calculating the fee due for the proportion of services completed. The City shaEl make prompt payments in response to Consultant's statements for Professional Services. Biiling for services provided wilf be based on the Consultan#'s raw salary costs incurred for the ser~ices provided #imes a multi~lier of 3.0. The monthly invaice wil! include a detail of the individual personnel, the number of hours each fndividual worked on each task, and the tatal invoice for each indi~idual. The invoice will be for the ac#ua~ hours worked at the time of billing. However, in no case will the billing exceed 90% untif the delivery of any dac~ments has been re~iewed and accepted by the City. Consultant wiil submit monthly statements for work authorized by the Assistant Director of Engineering Services and performed by the Consultant. The statement will be based upon Consultant's estimate and concurrence by the City af the propor~ion of the total services actually completed at the time of bilEing. The City will make prompt monthly payments in response to Consultant's monthly invoices. Afl invoices shaH be accompanied by a co~er letter summarizing the fee in accordance with the Summary Schedule of Fees. Invoices will be sequentia4ly numbered for each ~roject and state the project name. The letter shall state the number of the current invoice, the contract fee for each task, t~e amount previously invoiced for each task, and the current amount due. In~oices will be organized ta accommadate funding sources. Summarv of Fees: A Phase 1- Prelimina Services $50,000.00 B. Phase 2- Recommended Services To Be Determined Total $5a,ooa.ao Page2of5 XI. TERMINATION OF CONTRACT The Mayor at any time, with ar without ca~se, terminate this contract upon seven days written notice to the Consuitant at the address specified below. 4f termination occurs prior to the final completion ~f all work contemplate~ by this contract, the Consultant shall be paid a reasonable compensatian for the services actua~iy render~d in accordance with the above-described schedule of fees and in proportion to the amount of work done on such stages or phases as have been aut~orized. The foregoing shail not be construed to require the Ciky to compensate the Consuftant far any services r~ot perfarmed in a proper, professional manner. V. NOTlCE ADDRESS Correspondence concerning #his contract shall be sent to the City and Consultant as fallows: City: Consu~tant: Henry Garrett, Mayar Edward M. Motley, P.~., DEE City of Carpus Christi Chiang, Patel, & Yerby, Inc. P.O. Box 9277 1820 Regal Row, Suite 200 Corpus Christi, Texas 78469-9277 Dallas, Texas 75235 {361) 826-3100 (214) 638-05d0 Fax: 361-82fi-3103 Fax: (214) 638-3723 XI. I.OCAL PARTICIPATION The City Ca~ncil's stated policy is that City expenditures on contracts #or professional services be flf maximum benefit to the local economy. The Consulkant agrees that local architectural and engineering liaisons wili be used to the extent practical. XI. OWNERSHIP OF DOCUMENTS All documents pertaining to the services rendered hereunder, including cantract documents (plans and specifications), recard drawings, contractor's field data, and submittal data shall upan payment of all fees and reimbursable expenses owed under this agreement, be the sole property of the City. Those documents may be used by the City Engineer far other City projects, and with the exceptian of stan~ard ~etails that are not specific ta this project may not be used again by the Cansuitant without the express written consen# of the City Engineer. Th~ City will assume sole liability for arising a~t of any reuse or modification of the Consultant`s documents, except where the Consultant is found to be liable by a court or forum of campetent j~risdiction. XI. C~RRECTING MATTERS Any extra cost and expense necessary to correct matters caused by failure of the Consultant or hislher sub-consultants ta exercise a reasonable ~egree of professional care will be paid by the Consu[tar~t and not reimbursed by the City. XI. ASSIGNABlLITY The Consultant shall not assign, transfer or delegate any of its obligatiorts or duties under this contract to any other person without the prior written consent of the City, except ~or routine duties delegated to personnel af the Consultant's staff. No part of the Consultant's fee may be assigned in advance of receipt by the Consultant withaut written cor~sent of the City. The City shall nat pay the fees of expert or technical assistance and consultants unless such employment, includir~g the rate of campensation, has been approved in writing by the City. Page 3 of 5 XI. INSURANCE The Consultant will submit to the City Engineer a certificate o~ insurance, wit~ the City named as additionally insured, by an insurance company acceptable #o the City as set forth in Exhibit B. XI. DiSCLQSURE OF INTEREST In compliance with City of Corpus Christi Ordinance No. 17112, Consultant agrees ta complete the City of Carpus Christi Disclosure of lnterests form w~ich is incarporated in the contract as Exhi~it "C". CITY O ORPUS C RISTI By: He ry Garr t Mayor CHIANG, PATEL & Y RBY, INC. ~ ~~ 0 7 +/ o By: Date Authorized Representati~e Date ~~nio,~ (~,'c~ l~(~es~~~t Title ATTEST: ¢/~~ ~a'7 City ecretary Date APPROVED AS TO FO . °I-/~-d 7 City tt ey Date ~ ~T COUi+C~l. ~ rw~~~~.~ ~ Page 4 of 5 EXHIBIT A PROJECT SCHEDULE The Consultant wil! begin wark immediately. ~ The Project Schedule will b~ develaped by the Consultant during art of the Pl~ase 1 Preliminary Services. Page 5 of 5 Exhibit B Mandatory Requirements (Re~ised September, 2001 } ~ -' :...~' , u_~ CONSULTANT LIABILiTY INSURANCE A. The Cansultan# shall not commence wark ~nder this Agreement until helshe has obtained all insurar~ce required herein and such insurance has been appro~ed by the City. Nor shal! the Consuitant allow any subconsuitant ta commence work ~ntil all similar insurance requ~red of the subconsultant has beer~ so obtained. B. The Consuitant shall furnish two (2) copies af certificates, with the City named as an additional i~sured, showing the following minimum co~erage in an insuranc~ company acceptable to the Ci#y. TYPE ~F INSURANCE MIN~MUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on alf Bodily Injury and Property Damage certificates Commercial General Liability including: $2,000,000 COMBIN~D SINGLE LIMIT 1. Commercial Form 2. Premises - Operatior~s 3. Explosion and Collapse Hazard ~. Underground Hazard 5. Productsl Completed Operations Hazard 6. Contractual insurance 7. Broad Form Property Damage 8. Independent Consultants 9. Personallnjury PROF~SSIQNAL LIABILITY $2,oao,000 COMBINEQ SINGLE LIMIT AUTOMOBILE LIABILITY--OWNED NON-OWN~D $1,000,000 COMBINED SINGL~ LIMIT OR RENTED WHICH COMPLI~S WITH 7HE TEXAS WORKERS= WORKERS' COMPENSATIDN COMPENSATIQN ACT AND PARAGRAPH II OF ~FIIS EXHIBIT EMPLOYERS' LIABILITY $100,OQ0 ~XCESS LIA8ILITY $1,~00,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITYI $2,Oa0,000 COMBINED 51NGLE LIMIT ENVIRONMENTAL 1MPAIRMENT COVERAG~ Not limited to sudden & accidental discharge; to inciude [] REQUIR~l7 long-tern environmentai impac# far the disposal of (X] NQT REQUIRED contaminants BUiLDERS' RISK See Section B-6-11 and Suppfemental insurance Requirements [ ] REQUIRED [X] NOT REQUIRED Exhibit "B" - Insurance Requirements Page 1 of 3 , lNSTALLATfON FLOA7ER $100,Oa0 Combin~d Single Limit ' See Section B-6~11 and Supplemer~tal 'I Insurance Requir~ments [ ] REQUIRED ~X] NOT REQUIRED C. fn the event of accidents of any kind, the Consu4tant shall furnish the City with copies af all reports of s~ch accidents at the same time that the reports are forwarded to any other interested parties. 1[. HOLD HARMLESS A. Consultant agrees to indemnify, save harrnless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against ar~d hold it and them harmless from any and all lawsuits, claims, demands, liabilities, tosses and expenses, inci~ding court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resul~ing #rom such injury, or any damage to any property, whicf~ may arise or which may be alleged to have arisen out of ar in connection wi#h the work covered by this contract. 7he foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City o# Corpus Christi, its agents, servants, or employees or any other person indemni~ed hereunder. B. The Consultant shall obtain workers' campensation insurance co~erage through a licensed insurance company or through self-insurance obtained in accordance with Texas law. If st~ch coverage is obtai~ed through a licensed insurance company, then the contract for co~erage shall be written on a policy and endorsements a~proved by the Texas State Board of Insurance. If such co~erage is provided through self-insurance, then within ten {10) calendar days after the da#e th~ City requests that the Cansultant sign the contract documents, the Consultant shall provide the City with a copy of its certificate of authority ta self-insure its workers' compensation coverage, as well as a letter, signed by the Consultant, stating tFrat the ce~tifcate of authority to se~f-insure remains in effect and is not the subject of any re~ocation proce~ding then pending before the Texas Workers' Compensation Commission. Further, if at any time before final acceptance of the Work by the City, such certificate of authority to self-insure is revoked or is made the subjec~ o# any proceeding which could result in revocation ofi the certificate, then the Consultant shall immediately pro~ic~e wri~ten notice of such facts to the City, by certified mail, return receipt requested directed to: City of Corpus Christi, ~epartment of Engineering Services, P. O. Box 9277, Corpus Christi, Texas 78469 - Attention: Contract Administrator. Whether workers' compensation insurance co~erage is pro~ided through a licensed insurance campany or through self-insuranca, the coverage provided must be in an amount sufficient to assure that all workers' compensation obiigations incurred by the Consultant will be promptly met. IIl. On the certificate of insurance: • The City of Corpus Christi is to be r~amed as an additional insured on the liability coverage, excepi for workers' com~ensation coverage. Exhibit "B" -lnsurance Requiremer~ts Page 2 of 3 • Should your insurance company elect to use fhe standard ACORD form, the cancellation clause (bottom right) shall be amended by adding the wording "changed or" between "be" ar~d "cancelied" and deleting the words "endeavorto" and the wording after "left". I# the cancellation clause is not amended in the ACORD form, then endorsements shall be submitted. • Th~ r~ame of the project alsa needs to be listed ur~der "description of operations". • At I~ast 1fl-day written notice of change ar cancellation will be required. !V. A completed Disclosure of Interest rr~ust be submitted with your proposal. ~xhibit "B" - Insurance Requirements Page 3 of 3 C1TY OF CORPUS CHRISTI DISCLOSUR~ OF INTERESTS Ciry of Corpus Christi Ordinance 17172, as amended, rec}uires all persons or firms seeking to do business with the City to provide the following information. E~ery question must be answered. If the question is nat applicable, answer with oIVAC~. FIRM NAME : ................................................................................................................................................................... STREET : ........................................................................... CITY; ............................................. zIP: ......................... FIRM is: 1. Corporation [] 2. Partnership [] 3. Sale Owner [] 4. Association [] 5. Other [ ] ............................................................................................................................................... DISCLOSURE QUESTIONS If additional space is necessary, please use the re~erse side of this page or a~tach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi ha~ing an `bwnership interest" constituting 3°/a or more of the ownership in the abo~e named "firm". iVame Job Title and City Department (if known) .................................................................. ........................................................................................................... .............................................................~--.. ........................................................................................................... 2. State the names of each "official" of the City of Corpus Christi having an "ownership i~teresY' constituting 3% or mare of the ownership in the abo~e named "firm". Name Title ............• ..................................................... ........................................................................................................... ..............•--................................................. ........................................................................................................... 3. State the names of each "baard merr~ber" af the City of Corpus Christi ha~ing an "ownership interest" constituting 3% or more of the ownership in the above named "flrm". Name Board, Commission or Commik~ee .............................~---................................. ........................................................................................................... .................................................................. ........................................................................................................... 4. State the ~ames of each employee or officer of a"consultant" for the Ciry of Corpus Chriski who worked on any rnatter related to the subject of this contract and has an "ownership interesk" constituting 3% or more of the ownership in the abo~e named "firm". Name Consultant .................................................................. ........................................................................................................... .................................................................. ........................................................................................................... CERTIFICATE I certify that all information pravided is true and correct as of the date of this statement, that I ha~e not knowingly withheid disclosure of any information requested; and that supplementaf statements will be promptly subm~tted to the Ciry of Corpus Christi, Texas as changes occur. Certifying Person :........................................................................... Tikle:................................................................... (Type or Print) Signature of Certifying Person : ...................................................... Date:.................................................................. . DEFINITIONS a. "Board Member''. A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed b the City of Corpus Christi, Texas, either on a fufl or part time basis, but not as an independen~contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deaf with a product or serv~ce, including bu# not fimited to, entities operated in the form of sole proprietorship, as se~f-employed person, partnership, corporation, Joint stock company,~oint ~enture, recei~ership or trust and entities which, for purposes of taxation, are treated as nan~profit organizatians. d. "Official". The Mayor, members of the Cit~ Council, Ci#y Ma~ager, Deputy City Mana er, Assistant City Managers, Department and Di~ision Heads and Munic~pa! Court Judges of the ~ity of Corpus Chris~i, Texas. e. "~wnership Interest". Legal or equitable interest, whether actually or cons#ructi~ely held, in a firm, including when such interest is held #hrough an agent, trust, estate or holding entity. "Constructiveiy held" refers to holdin~ or control establ~shed through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by t~e City of Corpus Christi for t~e purpose of professional consuftatior~ and recommendation.