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HomeMy WebLinkAboutC2009-134 - 4/14/2009 - ApprovedCITY OF CORPUS CHRISTI NUECES DELTA MONITORING PROGRAM 2009-2010 CONTRACT FOR SERVICES The City of Corpus Christi, Texas, hereinafter called "City", and Alan Plummer Associates, Inc, hereinafter called "APAI", hereby agree as follows: I. SERVICES TO BE PERFORMED APAI hereby agrees to perform consulting services necessary to assist in the coordination and review of various activities and research projects for the Rincon Bayou Nueces Delta (RBND) and Allison Effluent Diversion Demonstration Project (EDDP) including natural and man-induced physical conditions, relating to the limited natural freshwater and tidal inflows including man- made programs to enhance inflows to the Delta to increase productivity. II. SCOPE OF SERVICES APAI will assist the City with the coordination and review of the various projects related to the Delta. A. TASKS APAI will complete the following tasks on an annual basis to document the results of the programs that are underway, make minor refinements to the programs based on study results, and provide opportunities for the researchers to exchange information and collaborate on the results of their respective studies. The anticipated tasks are described below. Task 1: Identify Annual Study Program Prior to the beginning of each fiscal year, APAI will discuss with each of the researchers, who collect data for the RBND and EDDP studies, the scope and budget for their respective programs in the coming year. During the development of the study scopes, APAI also will coordinate with TCEO to confirm that the monitoring requirements of the TPDES permit for the Allison W WTP are met. As contracts for the studies are developed between each research institution and the City, APAI will review the draft contracts for conformance to the identified scope. APAI will prepare an Integrated Monitoring Plan (IMP) that documents all of the monitoring proposed to be conducted in the Delta in that fiscal year. The IMP will include studies funded by others (such as TCEQ and TPWD), as well as studies funded by the City, so that there will be a comprehensive summary of the activities in the Delta that year. The IMP will document active monitoring stations, types of studies, analyses to be performed, and frequency of monitoring for the applicable fiscal year. The plan will be delivered at the beginning of each calendar year. Copies of the draft IMP will be provided to the City and the research entities for review. The draft IMP will be revised, as appropriate, based on comments received; and the final IMP will be prepared. Copies of the final IMP will be distributed to the appropriate parties. Task 2: Document Study Results The RBND is a multi-year study. At a minimum, the following types of reports are expected to be prepared for these programs: • An annual report by each principal researcher that summarizes the results of their respective RBND studies for the year. Typically, these reports also present evaluations of the relationships of the current data to data from previous years. RBND summary reports. These summary reports will cover multiple years and provide evaluations that integrate the data over time, as well as integrating the studies by the different researchers and disciplines. APAI assistance to the City with respect to these reports, may include, but not be limited to, the following: Facilitate coordination between the researchers. Review the reports; and, if appropriate, schedule meetings to discuss report findings. Distribute the reports to appropriate parties. Examples of other types of reports that might be developed, and for which APAI may provide coordination, are Quality Assurance Project Plans and reports related to adaptive management strategies. H~~Nnnnr=\KF V INS\GEN\WATERV2INCON\2008-2009WPAContractCoordination.doc 2009-134 04/14/09 M2009-090 Page 1 of 4 Alan Plummer Assoc. Task 3: Coordinate Annual Workshops During the first quarter of each calendar year, APAI will assist in conducting a workshop where the appropriate entities will present the results of their studies during the previous fiscal year. In addition, any proposed changes to the monitoring program for the coming fiscal year will be discussed. Invitees to the workshop will include, but not be limited to, the staff of the City, UTMSI, TAMUCC-CBI, TAMUCC-CCS, TPWD, and TCEQ. APAI will provide the following types of support: • Schedule workshop; • Develop agenda and coordinate with presenters; • Moderate workshops; and • Document presentations and discussions. Task 4: Coordinate Meeting to Discuss Relocation of the White's Point Gauge Alan Plummer Associates, Inc., will assist in conducting a meeting to discuss relocation of the White's Point tide and meteorology station. Discussion will address the new location for the station, when it may be moved, and coordination that needs to occur to ensure that data is not lost and is consistent with the new gauge. Invitees to the workshop will include, but not be limited to, the staff of the City, UTMSI, TAMUCC-HRI, TAMUCC-CCS, TAMUCC-CBI, TPWD, TCEQ, and USACE. Activity 8: Other Potential Tasks In addition to the above-described tasks, there are other tasks that the City may request APAI to perform. Examples of the types of assistance that may be requested include, but are not limited to, the following: Task 1: Coordinate With the Nueces Estuary Advisory Council The City may request APAI to attend meetings of the Nueces Estuary Advisory Council eitherto make presentations regarding Delta programs being conducted by the City, or to maintain awareness of the various management activities being conducted or proposed in the estuary. Task 2: Assist with Nueces Basin Feasibility Study As requested, APAI will provide technical support to the City for the NBFS. The services provided pursuant to this task may include, but not be limited to, the following: • Review and comment on the scopes of work for NBFS projects. • Attend NBFS workshops. If requested, assist in the developmentof materials to be presented on behalf ofthe City at the workshop. • Review and comment on documents prepared by USACE or NBFS contractors. • Coordinate with USACE regarding hydraulic modeling of the Delta. Task 3: Assist City to Identify and Make Application for Funds to Support Delta Study Costs If requested, APAI will explore the potential availability of grant funds to help support the cost of the Delta studies. APAI activities may include, but not be limited to, preparation of materials for grant applications and meetings with potential funding agencies. Task 4: Coordinate a Workshop on Operational Alternatives for the Calallen Pipeline Following the development of a basic hydraulic model of Rincon Bayou, and a period during which the City becomes experienced with the operational characteristics of the Calallen Pipeline, a workshop may be convened to identify the alternative operational modes for the pipeline that should be assessed. Subsequently, the alternative operational modes that have been identified will be evaluated in order to assist in the development of an operational plan that will optimize the environmental benefits achieved by the freshwater releases from the pipeline to the Delta. The workshop attendees would include, but not be limited to, the staff of the City, UTMSI, TAMUCC-CBI, TAMUCC-CCS, TPWD, and TCEQ. APAI would provide the following types of support: • Schedule workshop; H:\HO MEU(E V I NS\GEN\WATER\RI NCON\2008-2009W PAConiractCoord i nation.doc Page 2 of 4 Develop agenda and coordinate with presenters; • Moderate workshop; and • Document presentations and discussions. B. RESEARCH PLAN AND METHODS The detail scope of work is set forth as Exhibit A of this contract. C. PRODUCTS The list of reports and other documents are set forth in Section II.A of the contract. D. ORDER OF SERVICES APAI agrees to begin work immediately upon receipt of notice to proceed. III. FEES AUTHORIZED The City will pay APAI a fee not to exceed $72,000 for providing all services. This fee will be full and total compensation for all services provided and expenses incurred in pertorming the tasks specified in Section II and such other tasks as may be mutually agreed unless an additional fee is evidenced in writing as an amendment to this contract. The fee is inclusive of all fees and expenses incurred in performance of the contract. The monthly fee will be based on actual services performed and expenses incurred. Invoices will be based on the hourly rate of fees set forth in Attachment A to ExhibitA and actual reimbursable expenses at cost plus 15%. Reimbursable expenses are limited to airfare, ground transportation, lodging, and per diem meal expenses incurred due to out-of-town travel and outside printing costs. Reimbursable expenses will be will be documented by photocopies of receipts and invoices. Mileage will be charged at a rate of $0.55 per mile without markup. The schedules of charges for labor costs and mileage are subject to adjustment at the beginning of each calendar year and any increases will be evidenced in writing as an amendment to this contract. Invoices will be submitted to the Director of Engineering Services. Invoices will be submitted no more frequently than once per month for services rendered. All invoices shall be accompanied by a cover letter summarizing project status and the tasks undertaken during the time period covered by the invoice. Invoices will be sequentially numbered for each project, state the project name (Nueces Delta Coordination Project-2009) and Ciry project number (8443). The letter shall state the numberof the current invoice, the total authorized fee, the amount previously invoiced, and the current amount due. Statements will be based upon percent of project completed. Services will be provided as requested by the City. The City is not required to request services totaling $72,000 in value, and APAI is not required to provide services, the value of which exceeds $72,000. Compensation for services will not exceed $72,000 without prior written authorization. IV. TERMINATION OF CONTRACT The Ciry may, at any time, with or without cause, terminate this contract upon 30 days written notice to APAI at the addresses specified below. If termination occurs prior to the final completion of all work contemplated by this contract, APAI shall be paid for all reasonable costs incurred or contractually committed to be expended as of the effective termination date, including salaries of appointees for the remainder of their appointment. The foregoing shall not be construed to require the City to compensate APAI for any services not performed in a proper, professional manner. H: W OMEU(EVINS\GEN\WATERV2INCON~2008-2009.4PAContractCoordination.doc Page 3 of 4 V. NOTICE ADDRESS Correspondence concerning this contract shall be sent to the City and APAI as follows: City: APAI: Assistant Director of Engineering Services Peggy W. Glass, Ph. D. City of Corpus Christi Alan Plummer Associates, Inc. P.O. Box 9277 Corpus Christi, TX 78469-9277 512-880-3500 Fax: 512-880-3501 Kevinsna.ci.corgus-christ.tx. us 6300 La Calma, Suite 400 Austin, TX 78752-3825 512-452-5905 Fax: 512-452-2325 pglass@apaienv.com VI. ASSIGNABILITY APAI will not assign, transfer or delegate any of its obligations or duties under this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of APAI. No part of APAI's fee may be assigned in advance of receipt by APAI without written consent of the City. The City shall 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. VII. INSURANCE INDEMNIFICATION AND HOLD HARMLESS 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 "B" by an insurance company acceptable to the City. The Consultant furtheragrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees as more fully set forth in Exhibit "B". VIII. DISCLOSURE OF INTEREST Incompliance with City of Corpus Christi Ordinance No. 17112, APAI agrees to complete the City of Corpus Christi Disclosure of Interests form attached as Exhibit "C". CITY OF CORPUS CHRISTI ALAN PLUMMER ASSOCIATES, INC. By: ~~'/ `~ au•aJ By: ~1G, l~l ~ 3- Z, s= ZGo~ Oscar Martinez Date Authorized Representative Date Assistant City Manager RECOMMEN D: ~~j~D4' PetePete An~ Date Director of<Enginee ' g Se ices p l~ ~ ~ U/ ~~Gustavo Gonzalez, P.E. Director of Water Services !,"`~Q~ ~~yy~~~ AIUTHORIZED BY COUNCIL....A~ ~~J.~:~ SECRETARY ~ ATTEST APP VED TO FORM: Y/~"d/° s ~-~. City Secretary Date Ass nt City Attorney D to H:U-IOME\KEVINS\GEN\WATER\RINCON\2008-2009W PAContractCoordination.doc Page 4 of 4 EXHIBIT A ASSISTANCE WITH NUECES DELTA MONITORING PROGRAM 2009-2010 SCOPE OF WORK The Nueces Delta (Delta) receives limited freshwater and tidal inflows as a result of natural and man-induced physical conditions, especially in the upper reaches of the Delta. If the upper Delta becomes hypersaline due to the limited inflows, productivity in this portion of the estuary can be adversely affected. Various programs have been implemented in recent years to enhance inflows to the Delta and, thereby, to increase productivity. Some of the programs are directed by the City of Corpus Christi (City), and other programs are directed by other entities. It is desirable to coordinate these various activities in order to prevent duplication and to provide a more robust data set for the various investigations. Since 2003, the City has retained Alan Plummer Associates, Inc., (APAI) to assist in the coordination and review of these various activities. Presented below are summaries of the programs directed by the City; an identification of the programs directed by others; and the scope and budget for the services to be provided by APAI pursuant to this contract. PROGRAMS DIRECTED BY THE CITY The two Delta programs directed by the City that are currently in progress are the Rincon Bayou, Nueces Delta project (RBND) and the Allison Effluent Diversion Demonstration Project (EDDP). These projects provide freshwater inflows at different locations within the Delta. Monitoring studies on both of these programs have been conducted for several years to evaluate the impacts of freshwater inflows associated with these projects. Presented below are brief summaries of the projects. There are three primary research entities currently conducting studies related to the RBND and EDDP, which are under contract to the City: University of Texas Marine Science Institute (UTMSI), Texas A&M University -Corpus Christi, Harte Research Institute (TAMUCC-HRI), and Texas A&M University - Corpus Christi, Center for Coastal Studies (TAMUCC-CCS). Independent investigators with each of these entities are conducting specific aspects of the studies. A fourth entity, Texas A&M University -Conrad Blucher Institute (TAMUCC-CBI), operates several monitoring stations in the Delta, some in conjunction with the ongoing research, but does not conduct specific research. The City also has a contract with the U.S. Geological Survey (USGS) whereby the USGS operates flow and water quality gages in, or near, the Delta. Additional relevant data are obtained by the City wastewater staff. Rincon Bavou. Nueces Delta Proiect There are two components to the RBND • The Nueces Overflow Channel between the Nueces River and Rincon Bayou, and the Rincon Overflow Channel between Rincon Bayou and the upper northwestern portion of the Delta. These channels allow some freshwater inflows from the Nueces River and were originally constructed for the Rincon Bayou Demonstration Project conducted by the Bureau of Reclamation. Exhibit A Pa e 1 of 7 • A pump station and pipeline capable of delivering up to 3,000 acre-feet of freshwater per month from the Calallen Pool on the Nueces River directly the channel below the Nueces Overflow Channel. Studies are needed as freshwater inflows associated with the RBND are implemented to investigate four topics: • Optimal management approaches for these inflows. • Whether there are beneficial impacts. • Whether there are adverse impacts on the Nueces River tidal segment below Calallen Dam. • Whether there are detrimental impacts on species of concern in the Delta. Allison Effluent Diversion Demonstration Project In 1998, the City began discharging effluent from the Allison Wastewater Treatment Plant (WWTP) to the South Lake area of the Delta. Comprehensive water quality and biological data were collected on a year-round basis during the five-year period following initiation of the discharge, in accordance with the requirements of the Texas Pollutant Discharge Elimination System (TPDES) permit for the Allison WWTP. The purpose of the sampling program was to determine if the diversion was beneficial or harmful to the environment; and, if it was beneficial, whether the City should receive a greater than 1:1 credit for the water discharged in the Delta. This credit might offset a portion of the water pass-through requirements for the Choke Canyon Reservoir/Lake Corpus Christi system. The five-year period ended September 2003. Monitoring of ammonia levels in the EDDP is a requirement of the current Texas Pollutant Discharge Elimination System (TPDES) permit. However, the new state permit will be issued soon, and monitoring requirements associated with the permit will be eliminated at that time. Some EDDP data continue to be collected quarterly in conjunction with the collection of data for the RBND. PROGRAMS DIRECTED BY OTHERS In addition to the Delta projects directed by the City, there are several studies related to the Delta and Nueces Bay, which are directed by others. These include the following: • Nueces Basin Feasibility Study (NBFS), directed by the U.S. Army Corps of Engineers (USAGE) (part of this project addresses the Delta). NBFS projects in the Delta will provide useful supporting data for the Delta studies being directed by the City, as well as the studies specific to NBFS. The NBFS projects have included obtaining topographic and bathymetric data that can be used for constructing a hydraulic model of the Delta and evaluating the feasibility of additional effluent diversions. • Texas Coastal Ocean Observation Network (TCOON) and monitoring of salinity for the Nueces Estuary Agreed Order, directed by the TAMUCC-CBI. • Ichthyological studies, conducted by the Texas Parks and Wildlife Department (TPWD). • Independent research, conducted by TAMUCC-GCS, TAMUCC-HRI, and UTMSI. • Water quality and bathymetry measurements, conducted by the Nueces River Authority. ALAN PLUMMER ASSOCIATES, INC. Exhibit A Pa e2of7 REPRESENTATIVE ACTIVITIES AND TASKS Pursuant to this contract, APAI will assist the City with the coordination and review of the various projects related to the Delta. There are some tasks that it is anticipated will be performed by APAI and other tasks that may be performed if the requirement arises and when requested by the City. Therefore, reimbursement for APAI services provided pursuant to this contract is based on time and materials, rather than percent completion. Following is an identification of anticipated tasks and other potential tasks. Activity A: Anticipated Tasks Most of the anticipated tasks are the tasks performed on an annual basis to document the results of the programs that are underway, make minor refinements to the programs based on study results, and provide opportunities for the researchers to exchange information and collaborate on the results of their respective studies. The anticipated tasks are described below. Task 1: Identify Annual Study Program Prior to the beginning of each fiscal year, APAI will discuss with each of the researchers, who collect data for the RBND study, the scope and budget for their respective programs in the coming year. As contracts for the studies are developed between each research institution and the City, APAI will review the draft contracts for conformance to the identified scope. APAI will prepare an Integrated Monitoring Plan (IMP) that documents all of the monitoring proposed to be conducted in the Delta in that fiscal year. The IMP will include studies funded by others (such as TCEQ and TPWD), as well as studies funded by the City, so that there will be a comprehensive summary of the activities in the Delta that year. The IMP will document active monitoring stations, types of studies, analyses to be performed, and frequency of monitoring for the applicable fiscal year. The plan will be delivered in January of each year. Copies of the draft IMP will be provided to the City and the research entities for review. The draft IMP will be revised, as appropriate, based on comments received; and the final IMP will be prepared. Copies of the final IMP will be distributed to the appropriate parties. Task 2: Document Study Results The RBND is a multi-year study. At a minimum, the following types of reports are expected to be prepared for these programs: • An annual report by each principal researcher that summarizes the results of their respective RBND studies for the year. Typically, these reports also present evaluations of the relationships of the current data to data from previous years. • The RBND summary reports will cover multiple years and provide evaluations that integrate the data over time, as well as integrating the studies by the different researchers and disciplines. APAI assistance to the City with respect to these reports, may include, but not be limited to, the following: • Facilitate coordination between the researchers Exhibit A Pa e3of7 • Review the reports; and, if appropriate, schedule meetings to discuss report findings. • Distribute the reports to appropriate parties. Examples of other types of reports that might be developed, and for which APAI may provide coordination, are Quality Assurance Project Plans and reports related to adaptive management strategies. Task 3: Coordinate Annual Workshops and Meetings to Identify Studies for Subsequent Years In January or February, APAI will assist in conducting a workshop where the appropriate entities will present the results of their studies during the previous fiscal year. In June or July, a second meeting may be held to discuss any proposed changes to the monitoring program for the coming fiscal year will be discussed. Invitees to the workshop will include, but not be limited to, the staff of the City, UTMSI, TAMUCC -HRI, TAMUCC -CCS, TAMUCC -CBI, TPWD, and TCEQ. APAI will provide the following types of support: • Schedule workshop; • Develop agenda and coordinate with presenters; • Moderate workshops; and • Document presentations and discussions. Task 4: Coordinate Meeting to Discuss Relocation of the White's Point Gauge Alan Plummer Associates, Inc., will assist in conducting a meeting to discuss relocation of the White's Point tide and meteorology station. Discussion will address the new location for the station, when it may be moved, and coordination that needs to occur to ensure that data is not lost and is consistent with the new gauge. Invitees to the workshop will include, but not be limited to, the staff of the City, UTMSI, TAMUCC-HRI, TAMUCC-CCS, TAMUCC-CBI, TPWD, TCEQ, and USACE. Activity B: Other Potential Tasks In addition to the above-described tasks, there are other tasks that the City may request APAI to perform. Examples of the types of assistance that may be requested include, but are not limited to, the following: Task 1: Coordinate With the Nueces Estuary Advisory Council The City may request APAI to attend meetings of the Nueces Estuary Advisory Council either to make presentations regarding Delta programs being conducted by the City, or to maintain awareness of the various management activities being conducted or proposed in the estuary. Task 2: Assist with Nueces Basin Feasibility Study As requested, APAI will provide technical support to the City for the NBFS. The services provided pursuant to this task may include, but not be limited to, the following: Exhibit A Pa e4of7 • Review and comment on the scopes of work for NBFS projects. • Attend NBFS workshops. If requested, assist in the development of materials to be presented on behalf of the City at the workshop. • Review and comment on documents prepared by USACE or NBFS contractors. • Coordinate with USACE regarding hydraulic modeling of the Delta. Task 3: Assist City to Identify and Make Application for Funds to Support Delta Study Costs If requested, APAI will explore the potential availability of grant funds to help support the cost of the Delta studies. APAI activities may include, but not be limited to, preparation of materials for grant applications and meetings with potential funding agencies. Task 4: Coordinate a Workshop on Operational Alternatives for the Calallen Pipeline Following the development of a basic hydraulic model of Rincon Bayou, and a period during which the City becomes experienced with the operational characteristics of the. Calallen Pipeline, a workshop may be convened to identify the alternative operational modes for the pipeline that should be assessed. Subsequently, the alternative operational modes that have been identified will be evaluated in order to assist in the development of an operational plan that will optimize the environmental benefits achieved by the freshwater releases from the pipeline to the Delta. The workshop attendees may include, but would not be limited to, the staff of the City, UTMSI, TAMUCC-HRI, TAMUCC-CCS, TAMUCC-CBI, TPWD, and TCEQ. APAI would provide the following types of support: • Schedule workshop; • Develop agenda and coordinate with presenters; • Moderate workshop; and • Document presentations and discussions. FEES AUTHORIZED The City will pay APAI a fee not to exceed $72,000 for providing all services. Of this amount, $65,475 is estimated to be needed for professional fees. The remaining $6,525 is estimated to be for expenses. This fee will be full and total compensation for all services provided and expenses incurred in performing the tasks specified in Section II and such other tasks as may be mutually agreed unless an additional fee is evidenced in writing as an amendment to this contract. The fee is inclusive of all fees and expenses incurred in performance of the contract. The monthly fee will be based on actual services performed and expenses incurred. Invoices will be based on the hourly rate of fees set forth in Attachment A and actual reimbursable expenses. Reimbursable expenses are limited to airfare, ground transportation, lodging, and per diem meal expenses incurred due to out-of-town travel and outside printing costs. Attachment A provides a range of rates for the various staff levels that may work on this project. At this time, the precise staffing breakdown cannot be established. However, an estimated breakdown for the project follows: Exhibit A Pa e5of7 Staff Level Hours Fee Principal 65 $14,300 Senior Project Manager 100 $19,000 Project Engineer/Scientist 210 $23,100 Engineer/Scientist-in-Training 65 $ 6,175 DesignerlTechnician 20 $ 1,600 Administrative 20 $ 1,300 Estimated Labor Fee The above staffing levels may change, as necessary, to meet the objectives of the project. Reimbursable expenses will be documented by photocopies of receipts and invoices. Mileage will be charged at a rate of $0.55 per mile without markup. The schedules of charges for labor costs and mileage are subject to adjustment at the beginning of each calendar year and any increases will be evidenced in writing as an amendment to the contract. Invoices will be submitted to the Director of Engineering Services. Invoices will be submitted no more frequently than once per month for services rendered. All invoices shall be accompanied by a cover letter summarizing project status and the tasks undertaken during the time period covered by the invoice. Invoices will be sequentially numbered for each project, state the project name (Nueces Delta Coordination Project - 2008-2009) and City project number (8443). The letter shall state the number of the current invoice, the total authorized fee, the amount previously invoiced, and the current amount due. Statements will be based upon percent of project completed. Services will be provided as requested by the City. The City is not required to request services totaling $72,000 in value, and APAI is not required to provide services, the value of which exceeds $72,000. Compensation for services will not exceed $72,000 without prior written authorization. Exhibit A Pa e6of7 ATTACHMENT A ALAN PLUMMER ASSOCIATES, INC. HOURLY FEE SCHEDULE 2009 Staff Description Staff 2009 Rate Code Admin Staff Al-A3 $ 65.00 Senior Admin Staff A4 $ 75.00 DesignerlTechnician C1-C2 $ 80.00 Senior Designer/Technician C3-C4 $ 100.00 Engineer-in-Training/Scientist-in-Training ES1-ES3 $ 95.00 Project Engineer/Scientist ES4 $ 110.00 Senior Project Engineer/Scientist ES5 $ 125.00 Project Manager ES6 $ 150.00 Senior Project Manager ES7 $190.00 Principal ES8-ES9 $ 220.00 Billing rates may be adjusted by up to 4 percent annually (at the beginning of each calendar year) during the term of this Agreement. Exhibit A Pa e7of7 H:\HOME\KEVINS\GEN\WATER\RINCON\2008-2009W PAContractExM.doc Exhibit B Mandatory Requirements (Revised September, 2001) INSURANCE REQUIREMENTS CONSULTANT LIABILITY INSURANCE A. The 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 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 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 PROFESSIONAL LIABILITY $2,000,000 COMBINED SINGLE LIMIT 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 Exhibit "B" -Insurance Requirements Page 1 of 3 INSTALLATION FLOATER $100,000 Combined Single Limit See Section B-6-11 and Supplemental Insurance Requirements [ ] REQUIRED [X] NOT REQUIRED 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. 11. HOLD HARMLESS 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 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. 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 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 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 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 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. 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 to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. , the-ameant ef-$ ~t ;east~; b iiQ F ~ k ~ ~veraga - r u o S s Exhibit "B" -Insurance Requirements Page 2 of 3 nni i n oe~ ..,ti•..w ~~ ....~•....,F.,.~ ~., tie ~ti., .,.,i, a .,~ .. •.,iee,.'....v ~ti 6entf26~ ' i III. On the certificate of insurance: • The City of Corpus 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 be amended by adding the wording "changed or"between "be"and "cancelled" and deleting the words "endeavorto"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 "B" -Insurance Requirements Page 3 of 3 City of Corpus - CjtI'1St1 CITY OF CORPUS CHRISTI ~i~ DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with NA. FIRM NAM//E: HLf1N f'LllnAfaeK H~SGGI~~ ~.J-NC. STREET: (p30O ~ G~.MF1~ SLL[Te ~f-00 CITY: AtI.ST'l IJ ZIP: ~ S75Z FIRM is: 1. Corporation 2. Partnership- 3. Sole Owner- 4. Association 5. Other 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 Title and City Department (if known) JJGn~E 2. State the names of each official of the City of Corpus Christi having an ownership interest constituting 3% or more of the ownership in the above named firm. Name Title NLrrJF_ 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 Commitlee YV i'JY~1 E. 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 Consultant NC~r~) E, CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changesnoccur. // 7 7 Certifying Person: ~` ~ / y~ 17 v.~ ~ Title: ~l t n G r,Oc / ype or rm l Signature of Certifying Person: / Date: ~' Z ~~ ~-~/~ e1 Page 1 of 2 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 by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. Firm. Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated, in the form of sole proprietorship, as self-employed person, partnership corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. Official. The Mayor, members of the City Council, City Manager Deputtyy City Manager, Assistant City Managers, Department and Division Heads and Municipal Cou Judges o~ the Ci{y of Corpus Christi, Texas. e. Ownership Interest. Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. Constructively held refers to holding or control established 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 the City of Corpus Christi for the purpose of professional consultation and recommendation. Page 2 of 2