HomeMy WebLinkAboutC2009-110 - 3/5/2009 - NACITY OF CORPUS CHRISTI
CONTRACT FOR PROFESSIONAL SERVICES
The City of Corpus Christi, Texas hereinafter called "City", and HDR Engineering, Inc., hereinafter called
"Consultant", agree to the following amendments to the Contract for Consultant Services for Beach Maintenance
Program -Annual Turtle and Habitat Monitoring:
SCOPE OF PROJECT
The Project provides for the first year of monitoring activities with the results to be reported to the U.S. Army
Corps of Engineers (USCOE) Corpus Christi Regulatory Field Office for a period of 5-years as outlined in the
Habitat Monitoring Effort Document under the USCOE Beach Cleaning Permit issued to the City as required
by the USCOE permit. The reports to be submitted to the City and USCOE include an annual turtle
monitoring report, annual follow-up reports, and an annual summary report. The Consultant will provide
assistance with the development of the template for the reports and first year assistance with submittal of the
reports to USCOE. Consultant monitoring assistance and report development as outlined by the Habitat
Monitoring Effort Document for years 2 through 5 will provided upon issuance of a contract to authorize each
year's service.
II. SCOPE OF SERVICES
Task 1: Develop Template for Annual Turtle Monitoring Report and Submit Report to USACE)
Consultant will assist the City in developing a template for an Annual Turtle Monitoring Report to be
submitted to USACE-Corpus Christi Regulatory Field Office each year. CONSULTANT will assist
the City in submitting the report the first year (2009) and will provide the City with the template so
that they may submit the report in future years (beginning in 2010). Prior to the City submitting the
Annual Turtle Monitoring Report in years 2-5 (2010-2013), Consultant will review the report and
provide a set of comments back to the City. Information to be provided in the Annual Turtle
Monitoring Report will include information on how the City will comply with conservation measures
for sea turtles outlined in the Biological and Conference Opinion documents issued by the U.S.
Fish and Wildlife Service (USFWS) for this project.
Task 2: Develop Template for Annual Turtle Follow-up Report and Submit Report to USACE
Consultant will assist the City in developing a template for an Annual Turtle Follow-up Report to be
submitted to USACE-Regulatory Field Office each year. CONSULTANT will assist the City in
submitting the report the first year (2010) and will provide the City with the template so that they
may submit the report in future years (beginning in 2011). Prior to the City submitting the Annual
Turtle Follow-up Report in years 2-5 (2011-2014), Consultant will review the report and provide a
set of comments back to the City.
The Annual Turtle Monitoring Report will include a summary of turtles and/or turtle nests found that
year by species, a map depicting the location of each nest, and the number of takes, if any, by
species. This information will be collected by the City of Corpus Christi beach maintenance staff,
the University of Texas Marine Science Institute volunteer and contracted turtle patrol staff, and the
Padre Island National Seashore volunteer and contracted turtle patrol staff, and provided to
Consultant for inclusion into the 2010 follow-up report. The report will also include a summary of
conservation measures implemented during project activities as outlined by the Final Biological and
Conference Opinion (BCO), effectiveness of those conservation measures, and any
recommendations on improvements to those conservation measures. Conservation measures, as
defined by USFWS, are voluntary actions to avoid and minimize impacts to sea turtles and piping
plovers. Implementation of conservation measures for sea turtles and the piping plover are being
required as part of the USACE permit for this project.
2009-110
03/09/09
HDR Engineering Page 1 of 4
Task 3: Conduct Monitoring as Outlined in the Habitat Monitoring Effort Document and Report the
Results to USACE for a period of 5-years
Consultant will assist the City in conducting monitoring activities as outlined in the Habitat
Monitoring Effort Document and will report the results to the USACE-Corpus Christi Regulatory
Field Office for a period of 5-years as required by the USACE permit. The report will include a daily
journal of beach maintenance practices (to be provided by City beach maintenance staff), beach
width and topography data taken on a quarterly basis, sargassum amounts taken on a quarterly
basis, and observed bird use reported on a quarterly basis. For purposes of the monitoring effort,
an approximate 200 ft. long survey area within Priority Areas 1, 2, 3 and a control area will be
monitored for the above listed parameters. The following is a description of how each parameter
will be measured:
a. Beach Width - A Consultant survey crew will measure beach width on a quarterly basis (once
during the periods of January -March, April-June, July-September, and October-December)
each year for a period of 5 years. Beach width will be measured within Priority Areas 1, 2, and
3 and a control area along transects located every 50 ft. for a total of 200 ft. Global Positioning
System (GPS) equipment will be used on each transect to record the locations of mean high
tide (MHT) and the toe of the dunes. The distance between these two locations will be
considered the beach width for each respective transect.
b. Beach/Dune Topography - A Consultant survey crew will record beach topography on a
quarterly basis (once during the periods of January-March, April-June, July- September, and
October-December) each year for a period of 5 years. Beach topography will be measured
within Priority Areas 1, 2, 3, and a control area along transects located every 50 ft. for a total of
200 ft. Survey equipment and tide gauge data will be used to identify elevations for the edge of
water, MHT, the annual high tide line, the toe of the foredune, and the top of foredune. This
data will provide for a continuous beach profile within the 200 ft. survey area.
c. sargassum Amounts -Consultant biologists will record the amounts of sargassum on a
quarterly basis (once during the periods of January-March, April-June, July- September, and
October-December) each year for a period of 5 years. sargassum amounts will be recorded for
each 200 ft. survey area by observing 5 random 1 meter square quadrats taken down the rack
line where sargassum is present. sargassum amounts will be classified as "excessive',
"moderate", "minimal", and "absent". In general, excessive amounts will be described as having
deposits between 6-8 inches thick and with greater than 80% coverage of beach. Moderate
amounts will be described as having deposits between 4-6 inches thick and with greater than
60% coverage of beach. Minimal amounts will be described as having deposits between 0-4
inches thick and with greater than 40% coverage of beach. Absent areas will be described as
having no sargassum deposits.
d. Bird Use -Consultant biologists will record bird use on a quarterly basis (once during the
periods of January-March, April-June, July- September, and October-December) each year for
a period of 5 years. Bird use will be recorded based on initial observations of birds within each
200 ft. long survey area. The number of birds, species types, behavior, and location within the
200 ft. survey area will be recorded.
e. Methods of Beach Maintenance -The City beach maintenance staff currently keeps a weekly
log f the types of beach maintenance practices used within Priority Areas 1, 2, and 3. This
weekly log will be provided for Priority Areas 1, 2, and 3 within the annual report.
Task 4: Develop Template for Annual Summary Report and Submit Report to USACE
Consultant will assist the City in developing a template for an Annual Summary Report to be
submitted to USACE-Corpus Christi Regulatory Field Office each year. CONSULTANT will assist
the City in submitting the report the first year (2010) and will provide the City with the template so
that they may submit the report in future years (beginning in 2011). Prior to the City submitting the
Annual Summary Report in years 2-5 (2011-2014), Consultant will review the report and provide a
set of comments back to the City. The Annual Summary Report will include a description of
conservation measures implemented during the project activities, effectiveness of such
conservation measures, incidences involving sea turtles, and recommendations on improvements
to those conservation measures. As previously defined under Task 1, conservation measures, as
defined by USFWS, are voluntary actions to avoid and minimize impacts to sea turtles and piping
Page 2 of 4
plovers. The Annual Summary Report will be in the form of a cover letter that is submitted along
with the Annual Turtle Follow-up Report and the Habitat Monitoring Effort Report each year.
III. ORDER OF SERVICES
The Consultant agrees to begin work on those authorized services (Year 1) for this contract upon receipt of
the Notice to Proceed from the Director of Parks and Recreation. Work will not begin for any services for
future years until written authorization is provided by the Director of Parks and Recreation.
IV. MANDATORY REQUIREMENTS
Consultant agrees to the mandatory contract and insurance requirements as set forth in Exhibit "A".
V. FEE
The City will pay the Consultant a fee, as described in Exhibit "B", for providing services authorized. Exhibit
"B" "Summary of Fees" shall be used when calculating the fee due for the proportion of services completed.
The fees for services will not exceed those identified and will be full and total compensation for all services
provided, and for all expenses incurred in pertorming these services.
Consultant will submit monthly statements for work authorized 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 will be organized to accommodate funding
sources.
VI. TERMINATION OF CONTRACT
The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the
Consultant at the address of record. In this event, the Consultant will be compensated for its services on all
stages authorized based upon Consultant's estimate of the proportion of the total services actually completed
at the time of termination.
VII. LOCAL PARTICIPATION
The City Council's stated policy is that City expenditures on contracts for professional services be of
maximum benefit to the local economy. The Consultant agrees that at feast 75% of the work described
herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area
(MSA) and that no more than 25% of the work described herein will be performed by a labor force residing
outside the Corpus Christi Metropolitan Statistical Area (MSA).
VIII. ASSIGNABILITY
Other than as contemplated under Section VII of this contract, the Consultant will not assign, transfer or
delegate any of its obligations or duties in this contract to any other person without the prior written consent of
the City, except for routine duties delegated to personnel of the Consultant's staff. If the Consultant is a
partnership, then in the event of the termination of the partnership, this contract will inure to the individual
benefit of such partner or partners as the City may designate. No part of the Consultant's fee may be
assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the
fees of 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
IX. DISCLOSURE OF INTEREST
Consultant further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as
part of this contract, the Disclosure of Interests form attached hereto as Exhibit "C".
CITY OF CORPUS CHRISTI
By'~axc~c.a, C, R-~aa~ 3141a9
Margie Rose Date
Assistant City Manager
ATTEST
By
Armando Chapa
City Secretary
APPROVED AS TO FORM
By ~JiL-i a3~o~/°°f
Assisi City Att9 ey Date
HDR NGINEEERING, INC.
By S ~
Au rize Signat 'e ~+ {Jr-~p to
555 N. ancahu ,Suite 1650
Corpus Christi, TX 78478
(361) 857-2211 Office
(361)857-7234 Fax
~~ /p ]C/U~ Page4of4
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Exhibit A
(Revised September, 2007)
INSURANCE REQUIREMENTS
PROJECT CONSULTANT LIABILITY INSURANCE
A. The Project Consultant shall not commence work under this Agreement until he/she
has obtained all insurance required herein and such insurance has been approved
by the City. Nor shall the Project Consultant allow any subconsultant to commence
work until all similar insurance required of the subconsultant has been so obtained.
B. The Project Consultant shall furnish two (2) copies of certificates, 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
1. 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 WORKERSG
WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF
THIS EXHIBIT
EMPLOYERS' LIABILITY $100,000
EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT
PROFESSIONAL POLLUTION LIABILITY/ $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 B-6-11 and Supplemental
Insurance Requirements
[ ] REQUIRED [X) NOT REQUIRED
Exhibit "A" - Insurance Requirements
Page 1 of 3
C. In the event of accidents of anykind, the Project Consultant shall furriish 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 attorney 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 all lawsuits, claims, demands,
liabilities, losses and expenses, including court costs and attorney 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, to the extent
caused or 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 shall apply except if such
injury, death or damage is caused by the sole or concurrent negligence
of the City of Corpus Christi, its agents, servants or employees or any
other person indemnified hereunder.
B. The Project 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 is provided through self-insurance, then within ten (10)
calendar days after the date the City requests that the Project Consultant sign
the contract documents, the Project 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 Project Consultant, stating that the
certificate of authority to self-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 City, such certificate of authority to self-insure is revoked or is
made the subject of any proceeding which could result in revocation of the
certificate, then the Project 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. O. Box 9277,
Corpus Christi, Texas 78469 -Attention: Contract Administrator.
Exhibit "A" - Insurance Requirements
Page 2 of 3
Whether workers' compensation insurance coverage is provided through a
licensed insurance company orthroughself-insurance, the coverage provided
must be in an amount sufficient to assure that all workers' compensation
obligations incurred by the Project Consultant will be promptly met.
in t#~e amount of $ '
sentfas~
III. On the certificate of insurance:
o The City of Corpus Christi is to be named as an additional insured on the
liability coverage, except for workers' compensation coverage.
o Should your insurance company elect to use the standard ACORD form, the
cancellation clause (bottom right) shall be 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.
o The name of the project also needs to be listed under "description of
operations".
o 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 "A" - Insurance Requirements
Page 3 of 3
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CITY OF CORPUS CHRISTI
G%.~ DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112, as amended, requires all persons or fines seeking to do business with the City to
provide the following information. Every question must fx answered. If the question is not applipble, answer with'NA'.
FlRM NAME: ~~ Tl ~
STREET:
FIRM is: 1. Corporation
5. Other ^
2. Parfiership ^
CITY:
ZIP•
3. Sole Owner ^ 4. Assoaation ^
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet
1 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 TNe and City DepartrneM (d known)
'~ 1 ,~.
~~
2. Shave the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3°k or
more of the ownership in the above named "firm".
Name ~L /~ TNe
\~
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest' constituting
3% or more of the ownership in the above named "firm".
Name Board, Commission or CommiCee
~°
4. State the names of each employee or officer of a "consultant" for the City of Corpus.Christi who worked on any
matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the
ownership in the above named "firm°.
Name ~ r M Consultant
/, y r l
CERTIFlCATE
I certify that all information provided is true and correct as of the date of this statement, that 1 have not knowingly
wAhheld dsdosure of any information requested; and that supplemental statements xn11 be promptly submitted to the City
of Corpus Christi, Texas as~changes occur. ~
Certifying Person: \ 1`~U
(type or Print)
Signature of Certifying. Person:_
Date: ~ ~,~~~`/