HomeMy WebLinkAboutC2007-398 - 12/11/2007 - ApprovedAmendment No.1-Agreement for onuEtant ervlces
Vl~ater Department Management
The Dity of corpus Christi, Texas, hereinafter called "pity", and E consulting Engineers,
Inc., hereinafter called "Donsultant", hereby agree as follows;
I. ERIIIES T~ BE PER~~RMED
The consultant hereby agrees, at hislher own expense, to perform all services necessary to
research, document, and complete the scrape of work to complete the project described as
fallawsF
II. SCOPE OF ERViE
A. Scope of ServicesF The consultant will provide prafessianal engineering end management of
vVater Department aperatians and management. The onsuitant will;
• vVork full tirr~e on 2~ weekly basis managing day to day operations;
• Submit a recommendation for a new reorganization chart;
• Manage the TEQ Notice of Viaation and insure al items are completed as par the agreed
order;
• Place special emphasis an the vllater Treatment process;
• Initiate a RFP farthe design of an Operational and vVater Distribution ontral Automation
system;
• Conduc# an emergency Table Top exercise;
• Oversee the recruitment of key Superintendent positions within the department.
• Make any presentations to the pity council, Citizens' Advisory committees, Mate or other
governmental agencies, and the public when requested;
• Take an active role in the daily activities of the department and make minor changes as needed;
• Place special emphasis in management and oversight of the later Distribution Section on a
daily basis;
• Oversee the capital Improvement process and make recommendations;
~ Review department purchasing practices and make recommendations;
• Review department personnel schedules, training, jab descriptions and policies and make
changes as needed;
• anduct field visits with water crews operating after hours and make changes as needed;
• vVork approximately 4~ to 5~ hours per week;
• Receive the approval and concurrence of the Assistant pity Manager prior to initiating needed
changes; and
• Such additional services as may be mutually agreed by the Assistant pity Manager and
Consultant. Any additional service requiring an increase in the authorized not to exceed fee will
be evidenced in v~riting as an amendment to this agreement.
The City will provide office space, rapiers, office equipment, and an office personal computer for
the Consultant.
~. P[NT OP CONTACT ~ The Assistant City Managerfor Public vllorks and Utilities will designate
a single paint of contact for ail communications, information and documents to pass through,
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~~ ansultin~ Engineers
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Any actions taken by the Consultant vn instructions, inforr~ation or concurrence provided by ar
through any other source will not be compensated under this contract.
C. ORDER ~P SERVICES -The Car~sultant agrees to begin work immediately after written
authorization. The preliminary schedule for the project i attached as Figure ~ ,
III. FEES AUTH~RI~ED
The City will pay the Consultant an additional no# to exceed fee of ~a,Q~O.~~ for a restated fee of
~ O~,a~O.aa~ This fee will be full and total cor~pensa#ion far all services pravided and authorized
expenses incurred in performing the tasks specified, Authorized expenses include out of town
travel, lodging} and meal, Mileage will be reimbursed at the IRS authorized rate. ether authorized
expenses will be reimbursed upon submission photocopies of receipts.
The fee will be paid in the farm of a lump sum weekly fee not to exceed ,Ba~.DO plus reimbursed
expenses, All invoices will be accompanied by a saver letter summarizing the fee, The letter will
state the project Warne and number, the number of the current invoice, the contract fee, the amount
previously invoiced, and the current amount due. Invoices will not be submitted mare often than
ante perrnanth. The invoice will also list per diem and reimbursed expenses which are limited ta:
• Per diem room rate ~i,J. , government rate} ~8,4~Iday
• Per diem meals ~U. . government rate} 44,Oalday
• Per diem meals first & last day} 33,aald2~y
Travel between San Antonia Corpus Christi a~4~lmile
Billing far services provided will be based an the Consultant's estimate of the percent of services
complete at the tine of billing. l~iowever, in na case will the billing exceed 9~°lo until the delivery of
any documents has been reviewed and accepted by the City.
Consultant will 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 of the proportion of the total services actually
completed at the time of billing. The City veil! make prompt monthly payments in response to
Consultant's monthly invoices.
Te~rr~; Amendment Na, 1 services i11 commence an or before Monday, December , ~aa7, or as
loan thereafter a practical, It is anticipated the duration of the contract will not exceed three
months ar until such time a permanent Director of vllater Services is hired.
IV. TERMINATION DF CONTRACT
The City Manager may, at any time, with or without cruse, terminate this contract upon seven days
written native to the Consultant at the address specified below.
If termination occurs prior to the final completion of all work contemplated by this contract, the
Consultant shall be paid a reasonable compensation for the services actually rendered 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 authorized.
The foregoing shall not be construed to require the City Manager to compensate the Consultant far
any services not performed in a proper, prafessianal manner.
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11. NOTICE ADORES
Correspondence concerning this contract shall be sent to the City and Consultant a follows:
City: Consultant:
Interim Director of Engineering Services Gustavo Gonzalez, P,E,
City of Corpus Christi E Consulting Engineers, Inc
P,~. Box 977 ~ 1 ~3a Vvest Avenue, Suite ~~8
Corpus Christi, Texas 184~9~g~77 San Antonio, Texas 781 ~
3fi1-S~~-~~00 ~~~a} ~8g-1059
Fax: X61-8~-~01 Fax: ~~10} ~~~-890
111. LOCAL PARTICIPATION
The City Council's stated policy is that City expenditures vn contracts far professional services be of
rnaxim~r~ benefit to the local economy. The Consultant agrees that local architectural and
engineering liaisons will be used to the extent practical.
1111, ~I~IINERSHIP ~F D~GI~MENTS
All documents including contract documents plans and specifications, record drawings,
contractor's field data, and subrr~ittal data shall upon payment of all fees and reimbursable
expenses awed under this agreement, be the sale property of the City. Thane documents may be
used by the City Engineer for other City projects, and with the exception of standard details that are
not specific to this project may not be used again by the Consultant without the express written
cansent of the City Engineer. The City will assume sale liability far arising out of any reuse or
modification of the Consultant's documents, except where the Consultant is found to be liable by a
court orforum of competent jurisdiction,
11111. D~RRECTINC ~IATTEI~S
Any extra cast and expense necessary to correct matters caused by failure of the Consultant or
hillier sub-consultants to exercise a reasonable degree of professional care will be paid by the
Consultant and not reimbursed by the City,
I~. AaINABILITY
The Consultant shall not assign, transfer or delegate any of its obligations ar duties under this
contract to any other person withaut the prior written consent of the City, except far routine duties
delegated to personnel of the Consultant's staff. No part of the Consultant's fee ray be assigned in
advance of receipt by the Consultant withaut written cansent of the City.
The City shall not pay the fees of expert ar technical assistance and consultants unless such
employment, including the rate of compensation, has been approved in writing by the City.
~, INSURANCE
The Consultant will submit to the City Engineer a certificate of insurance, with the City named as
additionally insured} by an insurance company acceptable Lathe City,
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~I. DIDL~URE ~F IhlTERET
1n compliance v~ith pity of ~orp~s Christi ordinance IVo. ~~11~, Donsultant agrees #o cor~plete the
it}~ of corpus Christi Disclosure of ln~eres~s fora v~rhich is incorporated in the contract as Exhibit
IiAl1 `
CITY ~F~~RPU CHRISTI
By: ~ ~ ~ ~
el R~ Escobar, P. E, ate
I nterim Assistant Dity Manager
ATTEST:
/ !2/~7
City Secretary Date
APPROVED~AS T FORM:
'rj ""1
Assistant Ci#y Attor y Date
RE~I~IIMEN~ED:
~~'~'"'"
I'Cevin topers -...
Interim Director ~ Engineering
r~/~~/a7
Date
Date
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Exhibit A
Mandatory Requirements
(Revised September, 2041 }
INSURANCE REQUIREME~
CONSULTANT LIABILITY INSURANCE
~, The Consultant shall not commence work under this Agreement until
helshe has obtained all insurance required herein and such insurance
has been approved by the City. Nar shall the Consultant allow any
subconsultant to commence work until all similar insurance required of
the subconsultant has been so obtained.
B. The Consul#n# shall furnish two ~~} copies of cerkifica#es, with the City
named a an additional insured, shaving the follav~ring rninirnurr~
coverage in an insurance car~pany acceptable to the City.
TYPE OF INURAN~E ~ ItfIINiIVIUIV! INUI~ANOE COIIEI~AE
3~-Day Notice of ~ancellatl~n required on all ~vdily Injury and Property Dar~a~e
certificates
Commercial General Liability including: ~,QOD,004 COMBINED SINGLE LIMIT
~, Commercial Form
~. Premises -Operations
~. Explosion and Collapse Hazard
4. Underground Hazard
~. Productsl Cor~pleted Operations Hazard
6. Contractuallnsurance
7. Broad Farm Property Damage
8. Independent Consultants
~. Personalln~ury
AUTOMOBILE LIABILITY,-OUIENED NON-DINNED 1,QOa,Oa~ COMBINED SINGLE LIMIT
OR RENTED
WHICH COMPLIES VIfITH THE TEXAS WORKERS=
UVORKERS' COMI~ENSATION COMPENSATION ACTAND PARAGRAPH II OF
THIS EXHIBIT
EMPLOYERS' LIABILITY $~ a0,OQ0
EXCESS LIABILI`Y ~,OQO,aOa COMBINED SINGLE LIMIT
PROFESSIONAL POLLUTION LIABILITY ~,QQQ,ODO COMBINED SINGLE LIMIT
ENVIRONMENTAL IMPAIRMENT COVERAGE
Not limited to sudden & accidental discharge; to include ~ ] REQUIRED
tang-tern environmental impact for the disposal of [X] NOT REQUIRED
contaminants
BUILDERS' RISK See Section B-~-~1 and Supplemental Insurance
Requirements
[ ]REQUIRED [X] NOT REQUIRED
INSTALLATION FLOATER ~ QO,QQQ Combined Single Limit
fee section 8-~-~ ~ ar~d supplemental
Insurance Requirements
[ ~ REQUIRED [X] NOT REQUIRED
Exhibit "A" - I nsu ranee Requirements
Rage ~ of 3
~. In the event of accidents of any kind, the Consultant shall furnish the City with copies
of all reports of such accidents at the same time that the reports are forwarded to any
other interested parties
II. h1~~D HARI~I~Ea
A. 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
held itand them harmless from anyand all lauvsuits, claims, demands, liabilities,
losses and expenses, including court casts 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 orwhich may be
alleged to have arisen out of or in connection wit#~ the work covered by this
contract. T`he foregoing indemnity shall apply except if such injury, death or
darrrage 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.
B. The Consultant shall obtain workers' compensation insurance coverage through a
licensed insurance company or through self~insurance obtained in accordance with
Texas law. If such coverage is obtained through a licensed insurance company, then
the contract for coverage shall be written on a policy and endorsements approved by
the Texas state Board of Insurance,
If such coverage i provided through self-insurance, then within ten ~~ ~}calendar days
after the date the City requests that the Consultant sign the contract documents, the
Consultant shall provide the City with a copy of its certificate afauthority toself-insure
its workers' compensation coverage, as well as a letter, signed by the Consultant,
stating that the certificate of authority to self-insure remains in effect and is not the
subject of any revocation proceeding then penaling before the Texas 1{Ilorkers'
Compensation Commission, further, if at any time before fnal acceptance of the
vVork by the City, such certificate ofauthority toself-insure is revoked ar is made the
subject of any proceeding which could result in revocation of the certificate, then the
Consultant shall immediately provide written notice of such facts to the City, by
certified mail, return receipt requested directed to: City of Carpus Christi, Department
of Engineering services, P. ~. Box g~7~, Corpus Christi, Texas 7849 -Attention:
Contract Administrator.
vVhetherwarkers' compensation insurance coverage i provided through a licensed
insurance company or through self-insurance, the coverage provided must be in an
amount sufficient to assure that ail ~vorker' compensation obligations incurred by the
Consultant will be promptly met
~ ~ i ~~ ~~
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Exhibit "A" -Insurance Requirements
Page ~ of 3
1 I 1 ! 1 1
F
^ ^ 1 1 • i !
IIII ~n the cerkificate of insurance:
• The fifty of corpus Christi is #a be named as an additional' insured on the liability
coverage, except far workers' compensation coverage!
• hauld your insurance company elect tv use the standard ACRD form, the
cancellation clause ~bvttom rights shall be amended by adding the warding
"changed or"between "be"and "cancelled" and deleting the words "endeavor to"and
the wording after "left"1 If the cancellation clause is not amended in the AC~~D form,
then endorsements shall be submitted)
• The name of the project also needs to be listed under "description of operations"1
• At least ~4-day written notice of change or cancellation will be required)
1111 A completed Disclosure of Interest must loe submitted with your proposal.
Exhibit "A" -Insurance ~equi~eme~ts
Page 3 of ~
I `
R
. ,
City of Corpus Christi Qrdinanr~e X71 ~~, as arner~ded, requires all persons yr f~rtris seeking to do ~i~sirleSS w~ ~e C'~#y to
provide the foliowing its#onnation. every question must be answered. if the question is not applicable, answer with `NA`.
~~~ ~~.
. • ~~•
~IRN! ~s: ~ . corporation o Partnership ~ ~. dole Dwner ~ ~. Assoaation ^
~. ether ^
DIC~.~UI~E QlI~~O
!f additiana! space is necessary, please the reverse side cf thls page ar mach separate sheet
~!. S'~e names ~ each ~'e~npioyee" of the City of Corpus Christi having an "ownership interest" ~onstiting ~~
or mom of the ownership in the above Warned "~inn~'.
Larne ,dab fine and City Deparanent f~ known}
. S'ta the rep of each ~" ~ the City ~~ Corpus Chris~d h~nring an "ownership interest' ~onsting 3°la or
snore of owners#~ip in the above named "firm".
Name Tie
i
3. She the names eacd'~ "board rr~emlr" of the City ~ Corpus Chr having an "ownership interest cons~ng
3 or more o~ the ownership In the above Warned "firm".
Name ~ hoard, Co~nnassion or Comm~ee
4. names of each employee or oi~cer o~ a "consu~arrt" #or the City of Corpus~Chri who worked on any
matter related to the s~bt of his contract and has an "ownership interest" 'ng 39+6 or mere of the
ownei~1~~ in the above r~art~ed "firm".
Name Ccnsuftant
t
C~RT~~CATE a
l cerfity fat alb infcnna~ari prodded is true and correct a of tha date of #h~s state~ne~, that I have nod knaw~ngly
w~hheld ~sdosure of any. , n request; and that suppEemental ernenfs vn~~ be promptly ul~mrt%d the
of Corpus Chr, Texas as changes occur.
. ~ , ~~,'
Cer~ng Peron. '~ Tie.
C~YAe r P
Si na~rre of Ce ' ~ Person date: ~ ~ ~ ~ ~
9 ~