HomeMy WebLinkAboutC2008-056 - 2/19/2008 - ApprovedPRE-PLANNING FOR EMERGENCY RECOVERY OPERATIONS
AGREEMENT FOR ENGINEERING SERVICES
The City of Corpus Christi, Texas, hereinafter called "City", and HDR Engineering, Inc., hereinafter
collectively called "Engineer", hereby agree as follows:
ARTICLE I -SERVICES TO BE PERFORMED
The services will include the development of pre-positioned contracts for recovery operations
following emergencies that require responses in the form of damage assessments, disaster recovery
operations and management, debris collection and reduction, hazardous waste categorization,
collection and disposal, coordination with other units of government and applicable state and federal
agencies.
The services are intended to enable the City to respond more quickly and more efficiently #o a
major disaster, and maximize eligibility for FEMA reimbursement.
ARTICLE II -SCOPE OF SERVICES
Engineer's services will be those Basic Services which are in accordance with OProfessional
Engineering Services - A Guide to the Selection and Negotiation Process, 1993", a joint publication
of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For
purposes of this contract, certain services listed in this publication as additional services shall be
considered as basic services. These services are outlined by Exhibit A (Detailed Scope of Work).
A. Basic Services
Contract Development -Prepare pre-positioned contacts for post-hurricane, tornado, flooding,
or other disaster recovery operations consisting of revisions of contracts, preparation of bid
packages, and assistance with the bid process and contract awards far debris clearing,
collection, reduction and hazardous wastes.
B. Additional Services
Additional services are not authorized, but are subject to negotiation and authorization when
they may be needed.
The Engineer will use sub-consultants experienced with post-event operations and FEMA
policies to supplement their workforce during major post-event operations.
C, Order of Services
Engineer agrees to begin work on February 20, 200$. The City will provide a prompt response
to the Engineer for guidance, direction, or approval of all work submitted in the various phases.
The Engineer will initiate work only for those tasks authorized. Any tasks requiring an
additional fee will be authorized in writing and evidenced in writing as an amendment to the
contract. The City Engineer may verbally direct The Engineer to initiate services pending the
issuance of a future amendment in writing. The preliminary schedule is attached as Exhibit B.
2008-056
02/19/08
M2008-039
HDIt Eng>`neer>ing
Page 1 of 4
D. Corrective Matters
Any extra cost and expense in correcting Engineer's services caused by failure of the Engineer
to exercise a reasonable professional standard of care will be paid by the Engineer and not
reimbursed by the City.
ARTICLE III -FEES AUTHORIZED
The City will pay the Consultant a total not to exceed fee of $88,500.00 for 2008 services. This fee
will be full and total compensation for all services provided and expenses incurred in performing the
tasks specified.
The table "Summary of Fees" shall be used when calculating the fee due for the proportion of
services completed. The City shall make prompt payments in response to Consultant's statements
for Professional Services.
Billing for services provided will be based on the Consultan#'s estimate of the percent of services
complete at the time of billing. Engineer will submit monthly statements for work authorized by the
City Engineer 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 will make prompt monthly payments in response to Consultant's monthly
invoices.
All invoices shall be accompanied by a cover letter summarizing the fee in accordance with the
Summary Schedule of Fees. Invoices will be sequentially numbered for each project and state the
project name. The letter shall state the number of the current invoice, the contract fee for each task,
the amount previously invoiced for each task, and the current amount due. Invoices may be
organized as required to accommodate funding sources.
Contractor management services will be authorized, at the sole discretion of the City Manager, or his
designee, in the event of a hurricane, tornado, flooding, or other major natural or man-caused
disaster. The Engineer may be verbally directed to initiate services pending the issuance of a future
amendment in writing.
Time and material components will include those services provided in association with a specific
event. These will include {a} pre-event mobilization, {b) coordination of DAT activities, {c)
management of the contract operations center to coordinate response contractors, (d) select
monitoring of the contractors operations, (e) coordination with FEMA and the state on
reimbursement issues, and (f) other services as may be requested by the City.
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Summary of Fees:
Tasks Descri tion Fee
BASIC SERVICES
A Contract Development, Regulatory Review,
RFPIRFC~ Preparation, Contracting Assistance
& Annual Workshop $88,500
BASIC SERVICES SUBTOTAL $88 500
ADDITIONAL SERVICES
B1 Contractor Monitorin &Mana ement Su ort To Be Ne otiatedlAuthorized
B2 Debris Mana ement er FEMA Pilot Pro ram To Be Ne otiatedlAuthorized
B3 Annual Hurricane Season Im lementation To Be Ne otiatedlAuthorized
64 Annual Contract Review To Be Ne o#iatedlAutharized
B5 Mana ement of Contractor Services To Be Ne otiatedlAuthorized
ADDITIONAL SERVICES SUBTOTAL $-D-
TOTAL 88 500
ARTICLE IV -TERMINATION OF CONTRACT
The City may, at any time, with or without cause, terminate this contract upon seven days written
notice to the Engineer at the address specified below.
If termination occurs prior to the final completion of all work contemplated by this contract, the
Engineer 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 to compensa#e the Engineer for any services
not performed in a proper, professional manner.
ARTICLE V -NOTICE ADDRESS
Correspondence concerning this contra
City:
Director of Engineering Services
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78469-9277
:,t shall be sent to the City and Engineer as follows:
Engineer:
HDR Engineering, Inc.
555 N. Carancahua, Suite 1650
Corpus Christi, Texas 78478
ARTICLE VI -ASSIGNABILITY
The Engineer shall not assign, transfer, or delegate any of its obligations or duties under this
contract to any other person without the prior consent of the City, except for routine duties delegated
to personnel of the Engineer's staff. No part of the Engineer's fee may be assigned in advance of
receipt by the Engineer without written consent of the City.
The City will not pay the fees for expert or technical assistance and consultants unless such
employment, including the rate of compensation, has been approved in writing by the City.
Page 3 of 4
ARTICLE VII -INSURANCE
The Consultant will submit to the City Engineer a certificate of insurance, with the City named as
additionally insured, showing the minimum coverage set forth in Exhibit "C" by an insurance
company acceptable to the City.
ARTICLE VIII -DISCLOSURE OF INTERESTS
In compliance with City of Corpus Christi Ordinance No. 17112, Engineer agrees to complete the
City of Corpus Christi Disclosure of lnferesfs form which is incorporated in the contract as Exhibit
C.
CITY OF CORPUS CHRISTI
`Ange scobar, P.E. Date
Interim Assistant City Manager
HDR ENGINEERING, INC.
BY' '~' G Fla
Auth ~ e epr entative ate
ATTEST:
3l3~~
City Secretary Date
APPROVED AS TO FORM:
Assist nt City Attorney Date
RECOMMENDED:
~~
~' ~G/~
Kevin R. Stowers, Date
Interim Director -Engineering Services
~aop~q ~~ ~ ~~~~p
„.............w
SfC~Ei'MiY
Page 4 of 4
EXHIBIT A
Detailed Scope of Work
PROPOSED SCOPE OF WORK
A. YEAR 1 (2008} BASIC SERVICES:
1. Conduct and attend orientation policy meetings with key City of Corpus Christi
personnel including:
a) Project kickoff and planning meeting with key City Staff (1 meeting).
b) Program briefing for City Staff (1 meeting).
c} Program briefing for City elected officials, if desired (1 meeting).
2. Coordinate with City Staff with respect to planning in these areas:
a) Coordination with City operating departments.
b) Coordination with utility companies 1 operations.
c) Contractor mobilization procedures.
d) Contract Management Center and relation to City command and control structure.
e) City's communication and emergency operating procedures.
f) In accordance with your existing interlocal agreement between Port Aransas and
Corpus Christi, HDR will provide contract development support for both City's
contracts. Contract development support for Port Aransas will include:
1. Answering questions with respect to the contracts.
2. Clarifying contract issues.
3. Assisting with the contract negotiation process.
Contract development support for Port Aransas will NOT include:
1. Developing a separate contract for Port Aransas.
2. Any meetings with Port Aransas.
3. Providing Port Aransas separate training.
It is understood that in accordance with the interlocal agreement that the City of Port
Aransas will coordinate these issues with the C'tty of Corpus Christi, not HDR, and
will be responsible to their own contractor once selected.
3. Prepare the pre-positioned contracts for hurricane or other disaster recovery
assistance, including Damage Assessment, Debris Management, and Hazardous Toxic
Radiological Waste (HTRW) Management:
a) Review the fallowing regulatory guidelines:
Exhibit A
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1. Federal Emergency Management Agency {FEMA) Public Assistance Program
guidelines for recovery operations and damage assessment procedures as
they relate to the pre-positioned contracts.
2. FEMA criteria and procedures for determining eligibility of recovery operations
costs as they relate to the pre-positioned contracts.
3. Texas Commission and Environmental Quality rules, United States Army Carps
of Engineers design standards and air-curtain 1 trench burning technology for
burning storm generated debris.
b) Coordination with other parties, including U.S. Navy, as necessary to meet program
requirements for use of Cabaniss Field and Waldron Field for debris staging.
c) Prepare a new combined debris management and HTRW disposal contract; this will
help streamline the contracting and management processes and is more consistent
with how major recovery operations are currently managed elsewhere.
d} Assist the City with the Debris Management 1 HTRW disposal contracting process:
1. Prepare Request for Proposal (RFP), including draft contract material, for City
use.
2. Assist City with any developing addenda necessary to inform contractors of
other revisions to the contract or bid documents identified prior to bidding.
3. Attend pre-qualification 1 bid conference.
4. Evaluate quali#ications of bidders and make recommendations on best qualified
firms.
5. Prepare bid tabulation, analyze bids, and make recommendation concerning
award of contract.
6. Provide contract basis information for City use.
e) Prepare a new Damage Assessment Team (DAT) support professional services
contract. Coordinate with firms that meet the City's qualification criteria.
f) Assist the City with the DAT contracting process:
1. Prepare the dfaft Request for Qualifications, including draft contract material
for City use.
2. Coordinate and review the combined qualification and price proposal package
in response to a City RFP in a proposed two-stage review process.
3. Evaluate qualifications of Engineers, Architects, and other professionals to
provide services and make appropriate recommendations to City.
4. Provide contract basis information for City use.
4. Conduct a one-day training workshop for City Staff, Contractor, and damage
assessment teams:
a) Prepare materials for training, activation, and quality assurance.
Exhibit A
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b) Prepare Contract Activation Guide to include Consultant 1 Contractor notification
information and schedule of activator activities.
c} Quality Assurance (QA) outline, listing critical QA activities, for use by City Staff to
monitor contractor activities.
5. Conduct an initial DAT Training Session:
a) Prepare and coordinate a one day DAT 1 debris management training session.
b) Conduct the training sessian prior in early - to mid-June, 2x08.
c) Conduct an evaluation of the training session and recommend possible
improvements 1 modifications to the damage assessment process, DAT training, etc.
d) Submit a letter form report of the DAT training session evaluation to the City.
6. Coordinate Contractor Participation in City Exercise:
a) Participate with Contractors in the City's annual preparedness exercise.
b} Review and evaluate the Contract Management Center plan, operational
procedures, and communications.
c} Evaluate the Contractor's role in the exercise and deliver a letter format report of the
evaluation to the City.
B. YEAR 1 (2008) OPTIONAL SERVICES:
1. With prior authorization of the City, develop apre-positioned contract for Contractor
Monitoring and Management Support to the program.
2. Develop management team guidelines and ensure the availability of a management
team and a field monitor workforce to assist with monitoring the debris management
activities throughout the recovery area, at debris staging areas, and at disposal sites.
3. Coordinate the preparation of a Debris Management Plan for approval under FEMA's
Public Assistance Pilot Program.
C. YEARS 2 -5 (2009 - 2012) BASIC SERVICES:
1. Beyond the first season, certain activities will be necessary each year to ensure that the
contracts, procedures and personnel are prepared. These include:
a) Review contract documents and procedures to assure compliance with current
Federal Emergency Management Agency requirements.
b} Recommend any modifications to contracts, procedure, or forms to facilitate FEMA
reimbursement of recovery operations.
c) Review DAT availability, capabilities, and responsibilities.
d) Prepare and conduct a one (1) day DAT training course.
e} Prepare and conduct a one (1) day Debris Monitoring Workshop.
f) Prepare and conduct a one (1) day FEMA Documentation Workshop.
Exhibit A
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g) Evaluate the training course.
h) Recommend possible improvements and modifications to the DAT training course.
i} Submit a fetter report of the training session evaluation with a list of certified DATs
to the City.
j) Review Contractor availabili#y, capabilities, and responsibilities.
k} Coordinate Contractor{s) participation in the City's annual hurricane preparedness
eXerClSe.
I) Participate in the preparedness exercise.
m) Review and evaluate the contract management center plan, operational procedures;
communications with other elements of the exercise as it relates to contractors.
n) Recommend possible improvements and modifications to the contract management
center plan, procedures, communications and other elements.
o} Submit a letter report summarizing observations and recommendations concerning
the exercise and the contractors' participation
D. YEARS 1 -5 (2008 - 2012) ADDITIONAL SERVICES:
1. Hurricane Approach 1 Pre-Event Preparations: Should the City be threatened by the
predicted approach or landfall of a hurricane and the City or its representative directs
the Engineer to initiate hurricane approach preparations, the Engineer will:
a) Establish and verify communications with the City's Emergency Operations Center
(EOC).
b) Help staff the Contractor Management Center (CMC).
c} Notify, alert and give instructions to DATs.
d} Notify contractors to mobilize and have their advance on-site representatives
prepare to report.
e) Initiate other services directed by the City.
2. Past Hurricane 1 Disaster Recovery Operations: Post Hurricane 1 Disaster Services will
commence following hurricane landfall or disaster as soon as condi#ions permit. If the
City or their representatives directs the Engineer to participate in post-recovery
operations, the Engineer will:
a} Help operate the Contract Management Center and serve as a single point of
contact for the Contractors.
b} Maintain close liaison with the City Staff.
c} Serve as a communications link between the City and Contractors.
d) Help manage activities of Contractors including, but not limited to:
• Assignments.
• Monitoring of activities by City Staff.
Exhibit A
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• Review of reporting activities to ensure compliance with quality assurance /
quality control procedures and FEMA regulations.
• Tracking of reporting.
• Review of payment authorizations.
Other services as may be directed by the City or their representative.
Exhibit A
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PROJECT SCHEDULE
In order to have the pre-positioned contracts in place well in advance of the 2008 hurricane
season, we anticipate, with expeditious reviews by the City, the following schedule:
• February 20, 2008: City of Corpus Christi City Council approval of contract.
• February 21, 2008: Consultant is authorized to begin work upon Council approval.
• Februa 21 -March 28 2008: Planning coordination with City Staff; revisit external
issues such as use of U.S. Navy sites at Waldron and Cabiness fields; and develop
pre-positioned contracts.
• March 31, 2008: Advertise the Debris and HTRW Management RFP and also notify
potential response contractors directly.
• April 30, 2008: Receive qualification statements and price proposals from interested
Contractors and Consultants.
• May 21, 2008: Complete two~step review of qualifications statements and price
proposals and provide recommendations on contract awards to City Staff.
• May 30, 2008: City executes contracts with selected firms.
• June 13, 2008: All contracts in-place.
• June 2008: Con#ractor, DAT, Staff program familiarization workshop (date to be
determined).
Exhibit B
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Exhibit C
(Revised September 2001}
CONSULTANT LIABILITY INSURANCE
A. 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 Ciry. Nor shall the
Consultant allow any subconsultant to commence work until all similar insurance required of the
subconsultant has been so obtained.
B. The Consultant shall furnish two (2) copies of cer#ificates, with the City named as an additional
insured, showing the following minimum coverage in an insurance company acceptable to the
City.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-Day Notice of Cancellation required on all Bodily Injury and Property Damage
certificates
Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT
7. Commercial Form
2. Premises -Operations
3. Explosion and Collapse Hazard
4. Underground Hazard
5. Products) Completed Operations Hazard
6. Contractuallnsurance
7. Broad Form Property Damage
8. independent Consultants
9. Personallnjury
AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT
OR RENTED
WHICH COMPLIES WITH THE TEXAS WORKERS=
WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF
THIS EXHIBIT
EMPLOYERS' LIABILITY $100,000
EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT
PROFESSIONAL POLLUTION LIABILITYI $2,000,000 COMBINED SINGLE LIMIT
ENVIRONMENTAL IMPAIRMENT COVERAGE
Not limited to sudden & accidental discharge; to include [ ] REQUIRED
long-tern environmental impact for the disposal of [X] NOT REQUIRED
contaminants
BUILDERS' RISK See Section B-6-11 and Supplemental Insurance
Requirements
[ ]REQUIRED [X] NOT REQUIRED
INSTALLATION FLOATER $100,000 Combined Single Limit
See Section 8-6-11 and Supplemental Insurance
Requirements
{ ] REQUIRED [X] NOT REQUIRED
EXHIBIT "C"
Insurance Requirements
Pa e 1 of 3
C. 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. HOLD HARMLESS
A. For non-professional services, 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. For professional
services, 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 ail 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 been caused by the
consultant's negligent acts, errors or omissions in the performance of professional
services under this contract. The foregoing indemnity shalt apply except if such injury,
death or damage is caused by the sale 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 contrack for coverage
shall be written on a policy and endorsements approved by the Texas State Board of
Insurance.
If such coverage is provided through self-insurance, then within ken ('10) 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 of authority to self-insure its workers'
compensation coverage, as well as a letter, signed by the Consultant, stating that the certificate
ofauthority toself-insure remains in effect and is not the subject of any revocation proceeding
then pending before the Texas Workers' Compensation Commission. Further, if at any time
before final acceptance of the Work by the Ciky, such certificate of authori#y to self-insure is
revoked or is made the subject of any proceeding which could result in revocation of the
certificate, #hen the Consultant shall immediately provide written notice of such facts to the City,
by certified mail, return receipt requested directed to: City of Corpus Christi, Department of
Engineering Services, P. Q. Box 9277, Corpus Christi, Texas 78469 -Attention: Contract
Administrator.
Whether workers' compensation insurance coverage is provided through a licensed insurance
company or through self-insurance, the coverage provided must be in an amount sufficient ko
assure that al! workers' compensation obligations incurred by the Consultant will be promptly
met.
EXHIBIT "C"
Insurance Requirements
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III. On the certificate of insurance:
• The City of Carpus Christi is to be named as an additional insured on the liability coverage, except for
workers' compensation coverage.
• Should your insurance company elect to use the standard ACORD form, the cancellation clause (bottom right)
shall he amended by adding the wording "changed or" between "be" and "cancelled" and deleting the words
"endeavor to" and the wording after "left". If the cancellation clause is not amended in the ACORD form, then
endorsements shall be submitted.
• The name of the project also needs to be listed under "description of operations".
• At least 10-day written notice of change or cancellation will be required.
IV. A completed Disclosure of Interest must be submitted with your proposal.
EXHIBIT "C"'
Insurance Requirements
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CffY OF CORPUS CHRIST[
DISCLOSURE OF 1kVTEREST5
City of Corpus Christi Ordinance 'E7912, as amended. requires all persons or firms seeking to do business with the C"rty to
provide the following information. Every ques#ion must be answered. If the question is not applicable, answer with `NA'.
FlRM NAME: ,~ 'R C ~r
STREET: ~ CITY: ZIP:
FlRM is: 1. Corporation '~- 2. Partr~ership v 3. Sole Owner D 4. Associafion ~
5. Other o
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet
t. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3°~
or more of the ownership in the above named "firm".
Name .Job Title and City Departrnent ('d ka'to'wn)
.... ,y
2. State the names of each "affrcial" of the City of Corpus Christi having an "ownership interest" constihrting 3°!° or
more of the ownership in the above named "firm".
Name T~Ie
.~
3. Stolle the names of each "board member" of fire City of Corpus Christi having an "ownership interest" constituting
3% or more of the awrrership in the above named "tirm".
Name Board, Commission or Commit6ee
. ~~
4. Stature the names of each employee or otficrer of a "eonsaitarrt" for the City of Corprrs•Christi who worked on any
matter related to the subject of this contract and has an "ownership interest" corrsfituting 39b or more of the
ownership in the above named "firrrr".
Name
~.~
Consultant
CERTIFlCATE
i certify that all information provided is #rue and correct as of the date of this statement, that I have not knowingly
wtitrheld disclosure of arty information naauested; and that supplemental statements ~ndll tie promptly sutxrifted to the City
of Corpus Christi, Texas as charges occur.
Certifying Person: Tie: ~ r ~~~~ ~ s ~~
[Type or Print) 2 I4 r0`
Signature of Certifying. Person: Date: ~, ! ( ,