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HomeMy WebLinkAboutC2009-288 - 7/28/2009 - ApprovedCITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The pity of carpus Christi, a Texas Horne Rule llliunicipal orporatian, P,~. Box 9~1~, carpus Christi, Nueces ~aun#y, Texas 7$4~g-~7 pity} acting through its duly authorised Dity IUlanager or Designee Director of Engineering Services}and HDR Engineering, lnc~ , ~dba HDR} a Nebraska corporation, N. arancahua, Suite 1 X50, carpus Christi, Nueces Jaunty, Texas 7~4~8, ~ArchitectlEngineer -~ ASE}, hereby agree as follov~vs: 1. ~~PE aF PR~JET: LANDFILL SAS T~ ENERGY DEVEL~PIUIENT ASSISTANCE The AIE urrill provide engineering services to the pity of corpus Christi pity} farassitance with the development of a request for proposals RFP} for a landfill gas tv energy project involving the,].. Elliott end ~efellalenzuela landfills. The ASE r~rill analyze thefeasibility of including the reen~vaad v1#aste~vater Treatment Plant in the praject~ The Scope uvill include assistance in preparing an RFP far v~rind pavuer at the efe Ilaien~ueia landfill site. A summary of the tasks that will be perfarrned is a fallov~vs: Landfill has Sampling • conceptual Design Development far Landfill has to Energy Plant • Preparation of Financial Evaluation criteria ~ SelectianlDecisian ll~atrix far Developer fined Energy Plant • SelectionlDecisian MatrFx far Design Build and a&M Bidders • Landfill Layouts • RFP Development • Bid Period Assistance • RFP far vlvind Power at of Ilalen~uela Landfill 2. SD~PE aF SER111ES The AIE hereby agrees, t its awn expense, to perform design services necessary to reviev~v and prepare dacurnents and reports necessary for the project, !n addition, AIE will provide monthly status updates project progress ar delays, gantt charts presented v~vith rr~onthly invoices} and provide contract adrninitratian services, as described in ExhibitA, to complete the Project. Ullork ~ri11 not begin an Additional Services until requested by the ASE provide breakdown of casts, schedules}, and vwuritten authorization is provided by the Director of Engineering Services. AIE services gill be considered to be Basic Services utivhich are shorn and are in accordance with "Prafessivnal Engineering Services- A guide to the Selection and Negotiation Process, ~ 99" a joint publication of the Dar~ulting Engineer's Dauncil of Texas and Texas Satiety of Prafessiana!Engineers. Far purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. The summary of these tasks and services i s follovwvs: Basic Services • LFC Sampling ~~~~-~S8 nceptual design for DB proposal M~00~-~14 n Page 1 of 3 ~71281~9 FILLIASMMT1asToEnergylA~~nntract.dQc HDR Engineer~~n • ~Ilatrix Developr~ent far Developer o~uned RFP Matrix Development for City ovuned RFP • Layout of Landfills • RFP Development • Bid Assistance • vllind Poorer RFP Additional Services ~To be Negotiated} • Evaluation of Proposals • Contract Negotiation Assistance ORDER CF SER111CES The AIE agrees to begin v~ork on those authorized Basic Services for this Dontract upon receipt of the Notice to Proceed from the Director of Engineering Services. vllork vuill not begin on any phase or any Additional Services until requested in ~rriting by the AIE and v~rritten authorization i provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shaven on Exhibit A. This schedule is not to be inclusive of all additional time that maybe required for review by the City staff and may be amended by or uvith tl~e concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the A1E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee rr~rill be mutually agreed and evidenced in ~rriting as an ar~endment to this contract. AIE shall notify the City of Corpus Christi ~vithin three ~~ days of notice if tasks requested requires an additional fee. ~. I~IANDAT~RY RECUlREIVlENTS AIE agrees to the mandatory contract and insurance requirements as set forth in Exhibit B. ~, FEE The City v~ill pay the AIE fee, a described in Exhibit A, far providing services authorized G. TERMINATION F CONTRACT The City may, at any time, Frith ar Without cause, terminate this contract upon seven days v`rritten notice to the AIE at the address of record. In this event, the AIE ~r~ll be compensated for its services on all stages authorized based upon AIE and City's estimate of the proportion of the total services actually completed at the time of terr~ination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures an contracts far professional services be of maximum benefit to the local economy, The ASE agrees that the maximum percentage of the pork as practical described herein rill be performed by a labor farce residing ~vithin the Corpus Christi Metropolitan Statistical Area ~MSA}, Page ~ of 3 ~i:IHOM EIKEVI N1ENILAN DF! ~.l~~A~~I~T1asTaEnergylAECantract.doc 8. AINABILITY The ASE will not assign, transfer or de#egate 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 A1E staff, if the AIE 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 qty may designate, No part of the A1E fee may be assigned in advance of receipt by the AIE without writ#en consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such ernployrnent, including the rate of compensation, has been approved in writing by the City. g, ~vVI~ERHIP ~F DDUIVIENT All documents including contract documents ~p4ans and specifications}, record drawings, contractor's field data, and subrnifital data will be the sole property of the City, gray not be used again by the A1E without the express written consent of the Director of Engineering ervices~ However, the AIE may use standard detaii that are not specific to this project. The Dity agrees that any modification of the plans will ~e evidenced on the plans, and be signed and sealed b professional engineer prior to re-use of modified plans. 1g. DICLC~URE ~F INTEREST AIE further agrees, in compliance with Dity of corpus Dhristi ordinance No. ~ ~~ ~ ~, to complete, as part of this contract, the ~D~sclosc~r of 1rr#eres~ form attached hereto as Exhibit , CITY of CoR~U ~HRIT~ Oscar Martinez Date ATTEST: By ~~ ,~ v9 Armando Chapa Date City Secretary A~PROVE~ A To FORD: Mary, ay Fis,¢her Date C' Attorney HDR Englneer'rn, Inc. By ~ Authorized Representative Date ~~ N ~ Carancahua, quite ~ o Corpus Christi, Texas ~84~8 Office r ~ -8~?-~~ 1 ~ Fax: 3~ 1 ~7-~~~4 ~4~~'H~I~I[k~ I ~~~ra~~~~^ ~^ ~~~~ ~~r ~ H:IHQMEIK~VINS GENILAND~ILLIGASMGMT1GasToEnergylAEContsact.doc Page 3 of 3 E~iHIBIT A CITY aF D~PU CHRISTI, TEXAS 1. S~PE ~F SER1II~S A. Basic Services The ~4rchitectlEngineer-~IIE will: ~ . SDPE ~F SER111ES a~ l~andfi~l has amp~ing: The ASE will conduct iandfil! gay sampling tv ascertain the current concentration levels of methane, hydrogen sulfide, iloxane and other compounds within the landfill gas. These data collected gill be sufficient to determine how the compounds can ~e anticipated to affectthe life expectancy, capital cast, and operating and maintenance casts of a landfill gas to energy system installation, A1E will collect samples of landfii! gas from both landfills and have them analyzed by a laboratoryforthe aforernentionedconstltuents. This information gill be included in the RFP to serve as a basis of proposal developrrrent for the developers. Developers will be provided the results of the gas sampling information to help optimize their selection of the preferred gas to energy technology accounting far appropriate costs and operability issues. Specifically this task gill include: i. Develop detailed constituent list and select laboratory with capacity to analyze for those constituents ii. Establish preferred sarn~le collection and testing procedures with selected Laboratory iii collecting samples from bath the efe and J~ Elliott ~.andfills iv. Doordinate with laboratory on transmitting sar~ples to laboratory v. Include results in appendix of RFP b. ~nceptual Design Devel~pmentfar t_andfll has to Energy Plant; The ASE will establish a proxy, or conceptual design to better dune the scope and design of the project. The conceptual design will be sufficient to characterize the projectto potential respondents fora Developer~wned ora Design, Build, and aperater or a Dity awned project approach. AIE will compete the fallowing far this task; i.Review interconnection requirements of the two electric utilities located near landfills. ii. Develop a memo expiainir~g the requirements far the pity and be available to discuss iii. Develop a conceptual one line diagram far each site iv. Develop conceptual general arrangement drawings for each site v. Develop conceptual Process Flag Diagram for each site vi. Develop ~&hJl Scope including Engine averl~euls vii, Provide a list of major Equipment viii. Deveio~ approach to provide X417 monitoring ~S~ADA and communication system description} ix. Establish a forecast of future landfill gas production rates EXHIBIT "A" Pa e 1 ~f 7 H:IHOMEI~iEVINSI~ENILANDFILLIGASMGMTI~asTaEnargylAEContractEx~A.doc x. include diagrams, scopes and lists in appendices of RFP c. Preparation of Financial Evaluation criteria: Based upon the scope of work cor~pleted in the conceptual design, the AIE will prepare ~ capital cast estimate farthe project a well as ~ proxy proforma analysis to be utilized a a basis of evaluation of proposals. The cast estimate and economic proforma will be utilized tv establish target revenue expectations for the City for the various contracting approaches and will be utilized during contract negotiations with Developers, power off takers, a&I contractors, etc. to ensure that the City's revenues are maximized. Integration of alternative incentive programs far the a contractors or Developers can also be evaluated, in an effort to optimize system operations and return, This proforma model gill be utilized to evaluate the cast prudency of the RFP responses and gill include, but not be limited to expectations forcapita! cost} operations and maintenance costs, sys#ern capacity factors, cast of power generation, and delivered landfill gas costs, d. electionl~ecisian Matrix fir De~reloper awned Energy Plant: The A1F will review proposals with City staff to sur~marize various techniques, compensation plans, schedules, and other materials submitted. The AIE will develop a matrix far City staff use s basis to determine the best proposal, This matrix will include the items listed in this section along with a description of the iterr~ with same examples. The matrixwillenable staff with technical assistance from the A1E to address the benefits and drawbacks associated with each item, The matrix, without the narratives, will be included in the RFP far the developer to corr~plet as part of their proposal. ASE will develop the matrix in close conjunction with the City staff. The A1~ will meet vrrith City staff to discuss a draft version of the matrix along with assigning a ranking of the importance of each prior to delivery a draft final matrix for pity staff review. The following components will be included in the matrix. i. Project Description {aenerate Bid Farm} ~. Describe prime mover, Process flow with Ll;'a pretreatment needs and end praduct~s} available for sale 2. Primary Parties involved with ownership and operation of Proposed Projectt Description aftheir involvement ~. operating Availability and Percent of Available LF utilized 4. Real Estate and Easement Requirements 5. a&M Staffing needs fi. Revenue Sources and Stability of Buyer{s} ?. Project Technical, Environmental, Regulatory and Financial Risk Asesr~ent ii. awnershiplaperating options and City ~nerhipl~perating Requirements 1. Elliott LFaC ~. Cafe LFC EXHIBIT "I~" Pa e~afT H:IHQMEIFCEVINs1ENlLANDFl~.1.1AMCMT1G~sToEnergylA~C~ntractExhA.dvc Energy Plants iii. compensation to pity generate Bid Form} ~ ~ Royalty Payr~entsll.F Sales Payments and estirr~ate of Project's dross Revenue far all End Use Products . Services Provided with estimated Financial 1lalue to pity iv. Schedule 1, Tirne required to develop, permit, design, procure and construct project ~. Risk assessment #ar failure to meet milestone dates v. Financial Strength and Experience of Bidder and Bidder's team members ~ . Familiarity with market for End Products Years in business . References 4. # of projects in operation and number of similar projects in operation Experience with other potential renewable options a. Solar b. vVind B, Financial Strength of Bidder and team members e. eiectionl~eoision latri~ for design Build and aNi Bidders: during the selection processt the pity will receive proposals based on the conceptual design set developed during that are consistent with tine approach developed in Task ~ .A.b. To assist the pity in review of these #irms and proposals, the AIE wiil develop a matrix the pity can use to determine the best proposal. This matrix wilE include the items listed below slang with a description of the iter~ v~rith some exarrrpls. The benefits and drawbacks associated with each item will be addressed. Furthermore, this matrix, without the narratives, can be included in the RFP far the developer to complete as part of their propasal. The A1E will develop this matrix in close conjunction with the pity staff. The A1E will meet with pity staff to discuss a draft version of the rr~atrix along with assigning a ranking of the importance of each The fallowing components will be included in the rntri~c. i. Project Uescriptian and List of Team IUlembers ii. Experience with sirr~ilar projects develop, design, procure, perrr~it, construct, comrnissian, operate and maintain iii. Proposed Scope, Schedule, a~pital host and ~& cost {generate Bid Farm} iv. pity's responsibilities f. Layout of Landfills ~ Aerial view and Site view: The A1E gill include figures within the RFP to assist the potential vendors in visualizing where the landfills are located in reference to each other. Specifically, the RFP package will contain the #ollawing drawings EXHIBIT "A" Pa e 3 of 7 H:IH~MEIKEVINI~ENI~ANDF~L~,IGASMMTIGasT~Er~e~ylA~c~n~ractExhA,doc i. ~ general area layout showing the locations ~f the a landfills along with the nearby UVVUTP ii~ Site specific plans showing locations of existing structures and pateptial areas far gas to energy facilities at both landfills iii+ A possible proposed routing of gas line between the two landfills iv. The location of local waste water treatment plant and proposed utility routing between the J.C. Elliott ~,andfill and waste water treatment plant, v. A layout shawir~g available real estate far energy plant at vI~TP along with tie in points for therr~af and electric servioe, g. RFP development-~I Elliott, Cefe, wwTP: TheAlEwilf develop an RFP for the Cit to review that provides the necessary information to allow y respondents to perform their own assessment of the available data and present ideas on both the prefirr~inary project outlined bythe City, and other feasible LFTE projects. The Draft RFP will be in a format that allows for easy comparison of the responses. The Draft RFP will also present the City's preferred allocation of risks and responsibilities so that the respa~ndent can bid accordingly, The A1E gill prepare a Draft RFP document for review and editing by the City. The A1E will warn with bath the Departrnenfof Engineering Services and the Department of Solid late Services regarding the Draft RFP contents and such ether Departments a may Ise assigned to the project. The document is anticipated to captain the fallowing information: • Purpoel5ackgroundl5ite Description ^ Pre~Bid Meeting Schedule ^ Proposed Project Schedule ^ ll~ipirnur7n Respondent Qualifications ^ Description of Preferred Project ^ general RequirerrrentslPrvjectCriieria ^ Submission lnstructionslFormat ^ Evaluation Criteria and Mechanism of Award ^ City Specific Pracurer~ent Formsl5taternents ^ LF Gas Analysis ^ vVate Tonnages and Compaction Rates Historic and Future} ^ LF Collection System Design plan Excerpts ^ LandEM Cos eneratian Model ^ Tier ll Data ^ vUTP data ^ include potential end user list from LII~~P's database The RFP will provide a simple description of the treatment process taking place at the VIJTP. The RFP wif l provide thermal and electric load fiovu inf~rrr~atiop forthe existing vVVVTP along with the proposed expansion plant The I~FP will provide available digester gas ~quaptity and quality and EXHIBIT "A" Pa e ~ of 7 H:IHOMEI~EVINICEN1lANDFIL~IAMGMTIG~sToEnergylAEC~n#ractExhA,~cc amount} along with location of tie in point. The RFP will provide current rates for gas and electricity. h. RFP Period Assistance; The AID will coordinate and conduct a pre- Response ~neetir~g to allow respondents to tour the sites}and ask questions relating to the RFP. The A1E will prepare draft answers and responses to any questions for pity staff that require an addendum to the RFP. The pity will issue the addenda to respondents. Bpecificaily this task includes; i. coordination of pr~proposal meeting to review the three facilities and developer questions. The A1E will attend this meeting to answer and retard questions for inclusion into the addenda. ii, Development of draft addenda for pity distribution based on respondents' questions and subrr~ittal to all developers in attendance at the pre-bid me#ing. i. Vlrind Povrrer RFP: The Dity would like to utilize the land available at the efe Land~11 for a potential wind project. The AIB will assist the pity in preparing a separate RFP for potential developers to determine the feasibility of siwind projectand ultimate#y develop awind project, This RFPwill Include the following; i. Areal estate map showing the land at efe that is available fora wind generation project along with . location of potential electric interconnection points. ii. Bid farms to be used by wind developer bidders that wii! include; ~, qualifications of bidder, ~. estimated size of wind farrr~, . estimated royalty payment to the City, 4. project schedule that includes: a , wind resou rte assessment, b. permitting, c, interconnection r d. parer purchase agreement, e, design, f. procurement, . installation and h. cornrr~iioning, iii. Provide matrix that surr-rnarizes wind bids E~CHi~~T "A" Pa e~f~ H:II~~M~IKEVIN~IGEN1l.AI~DFILLIAMMTIGasTo~nergylA~~or~tra~#ExhA.doc ~. Additional services ~ALL~1NAl~E~ This section defines the scope hand ALL~IANE~ far compensation far additional services that ~,~y be Included as part of this contractt but the A1E will not begin work on this section without specific written approval by the director of Engineering ervices~ Fees far Additional services are an allowance far potential services to b provided and gill be negotiated by the Director of Engineering services as required. The A!E will, with written authorisation by the Director of Engineering services, do the following: ~To be Negotiated • Evaluation of proposals • contract Negotiation Assistance ~. F~EDIJLE SAMPLE PRaPaED PROJEDT DHEDULE Task Proposed Mart Date Proposed End Date A~ LFC sampling Aug ~~, Zo~9 act 1, 0~ B~ Development of conceptual design for DB proposal Aug 1~", ~04g act ~, ~ODg ~Financiai Evaluation act 1, ~0~9 Nov 1, ~Og9 D~ Matrix Development for Developer owned RFP act 1 t X409 Nov ~, X009 E~ Matrix Development for Dity owned RFP pct ~, ZDg9 hiov ~, oDg F~ Layout of Landf lls act 1, X009 Nov 1, ~00~ ~ RFP Development lliov 1, X409 Dec 15~ ~O~g Fib Bid Assistance Jan 'i, ~0~~ Mar 1, Z~10 l~ V1~ind Power RFP Aug 17, ~4Dg Dec ~ ~, X409 . FEES A. Fee for Basic services, The pity wili pay the AIE a fixed fee for providing for all "Basin services" authari~ed as per t#~e table belov~r. The fees far Basic services will not exceed thane identified and will be foil and total compensation far all services outlined in section I.A,1 ~ above, and for all expenses incurred in perforrr~in these services. The fee is subject to the availability of funds. The ASE rnav be directed to suspend work pending receipt and appropriation of funds. For services provided in section I,A.1~4, A1E will submit monthly stater~ents far basic services rendered. I n section I.A.1-, the statement will be based upon AIE's estimate hand pity concurrence} of the prapartion of the total services actually completed at the time of billing. For services provided in Section I.A., the statement will be based upon the percent of completion of the construction cvr~tract, pity will make prarnpt monthly payments in response to AIE's monthly statements. ExhIIBIT "A" Pa e~of~ H;IHDM EIKEVINSIGENILAlV DFI L~IGAMG MT1~asToEr~ergylAE~~r~tractEx~A.doc B. fee for Additions! Services. For servi authorized by the Dire~tar of ~nginee~ing Services under Section I,~~ ~`Addit~an~l ervioe" the pity will PAY the ASE a not~to-exoeed fee ~s per the table below: E~H1~1T `~A" ~a e~of7' Fi:1HOMEI~CEVINIENILANDEILLIGASMGMTI~s`foEnergylAEContractExhA,doc SAMPLE TAkC LET EACH I BST A-1 LANDFILL A To ENERGY DEVELOPMENT AITANE ~} Perform field investiga#ion ~ may he necessary a required to define specific areas the items as shorn on the Task List. ~} Attend and participate in project start and planning meetings pup to 2 meetings} uvith Citytaffto discuspianningand conceptualdesign. atherir~formationand perform close coordination ~vith Engineering and solid V1late services Departments staff. ~ Prepare five ~~~ copies of task update and progress reports including data collected and reports developed for all the items as shv~rn on the Task List and make recommendation to the City staff. 4} Reviev~r v~ith City staff, revise, and furnish five {~} copies of final documents and reports. The ASE shall perform the above services by considering the essential project pararr~eters including the foilo~ring; , The tasks that ~ri11 be performed are: • Landfill has sampling • Conceptual Design Development for Landfili has to Energy Plant • Preparation of Financial Evaluation Criteria • electionlDeciion IVlatrix for Developer o~rned Energy Plant • BelectionlDecision Matrix for Design Build and ~ Bidders • Landfiil Layouts • RFP Development • Bid Period Assistance • RFP forvUind Povuer at Cafe Valen~uela Landfill EyHI~IT' ii11-~!! ~~ ~ ~ ~~ ~ H.1H~MEI~CEVINIENII~NDFILLIGAMM11GasToEnergylAE~ontractEx~A-1.doc ' , 1 , Exhibit B Mandatory Requirements (Revised September, 2001) ` 1 ~. ~ i _L ,. CONSULTANT LIABILITY INSURANQE A. The Oonsultant shall not commence work under this Agreement until helshe has Qbtained ail insurance required herein and such insurance has been approved by the pity, Nar shall the consultant allow any subconultant to cor~mence work until all similar insurance required of the subconsultant has been so obtained. B, The onsuitant shall furnish tuvo ~} copies of certificates, with the pity named as an additional insured, showing the follawing minimum coverage in an insurance company acceptable to the pity, TYPE OF INatJRANE I~INi~I~JM INURANGE DQI~ERACE 30-day Notice of Danceilation required ~n all Bodily injury and Property Damage certificates Dammercial enerai Liability including: ~,Oaa,DOa COMBINED SINGLE LIMIT ~ , Dommercial Fora 2, Premises -Operations 3. Explosion and Dollapse Hazard 4. Underground Hazard 5, Praductsl Qampleted Operations Hazard , G. Dontractuallnsurance 7. Broad Form Property Damage 8. Independent Consultants 9. Persanallnjury AUTOMOBILE LIABILITY--OWNED NON-OWNED ~,OOQ,DaO DDMBINED INLE LIN11T DR RENTED ~IIIHICH COMPLIES 1~IlITH THE TEXAS 1ORI~ER= IIII~RKERS' DOMPEiVATION QOMPENATION AQT AND PARAGRAPH II OF THIB EXHIBIT EMPLOYERS' LIABILITY $1 aa,aDa EXCESS LIABILITY $1,Daa,000 COMBINED ~IN~LE LIMIT PROFESSIONAL POLLUTION LIABILITYI 2,400,OaB DOMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT DOVERACE Not limited to sudden & accidental discharge; to include [ ~ REQUIRED long~tern environmental impact far the disposal of [~(] iVOT REQUIRED contar~inants BUILDERS' RII~C fee Section B-B-1 ~ and uppiemental insurance Requirements [ ]REQUIRED [X] NOT REQUIRED INSTALLATION FLOATER ~1 gOr0~0 Combined Single Limit See Section B-G-~ 1 and Supplemental lnsur~nee Requirements [ ~ REQUIRED [X~ NOT REQUIRED EHI~IT ii~!! Pa e 1 of 4 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 reporks are forwarded to any other interested parties. II. INDE~INIFICATIDI~ A>Ill] HOLD hIARI~ILE A, For nonprofessional services, Gansultant agrees to inde~tnify, save harmless and defend the City of Carpus Christi, and its agents, servants, and employees and each of them against and bald it and them harmless from any and all lawsuits claims, demands, liabilities, losses and expenses, including court costs and attorney fees for ar on account of any injury to any person orany death at anytime resulting Pram such injury or any damage to any property, which may arise or which may he alleged to have arisen out of ar 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 bald it and them harmless from any and all lawsuitsf claimsf demands, liabilities, lasses and expensesf including court casts and attorney feesf far or on account of any injury to any person, or any death at any time resulting from such injury ar any damage to any property, to the extent caused or alleged to have Iseen caused by the consultant's negligent acts, errors or omissions in the perfarr~ance of professional services under this contract. The foregoing indemnity shall apply except if such injury death or damage is caused by the sole ar concurrent negligence ofthe City of Corpus Christi, its agents servants ar employees or any other person indemnified hereunder, B. The Consultant shall obtain workers' compensation insurance coverage through a licensed insurance company ar through self~inurance obtained in accordance with Texas law. If such coverage is ob#ained through a licensed insurance company, then the contract far 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 ~~0~ calendardays afker 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, a well as a letter, signed by the Consultant, stating that the certificate of authority to self-insure remains in effect and i not the subject of any revocation proceeding then pending before the Texas vVarkers' Campensatian Commission. Furtherr if at any tine before final acceptance of the Uvork by the City, such certificate of authority 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 native of such facts to the City, by certified mail, return receipt requested directed to: City of Carpus Christi, Department of Engineering services, P. C. Box 9~7~, Corpus Christi, Texas 7~4g - Attention Contract Adn~i nistratar~ vVhether workers' compensation insurance coverage is provided through a licensed insurance company orthr~ugh elf~insurance, the coverage provided rust be in an amount sufficientta assurethat all workers' compensation obligations incurred by the Consultant gill be promptly met. EXHIBIT "B" Pa e~of4 ^ ~ ~ ~ ~ • i ~ ~ t i • ~ ~~ ~~ ~ ! i t • ~ ~ f ~ ~J~H~B~T "B" Pa e3of4 ~ t ~ ' f , . x ~ , III. ~n the certificate of insurances • The City of carpus Christi is to be named as an additional insured vn the liability coverage, except for workers' compensation coverage. • Should your insurance company elect to use the standard ACRD farm, the cancellation clause ~bo#ton~ 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 l~~~RD farm, then endorsements shall be submitted, • The name of the pra~ect also needs tv be listed under "description of operations". • At least ~ O~day written notice of change or cancellation will be required. I11. A completed disclosure of lntereet must be submitted with your proposal, EXHIBIT ii~l: l'a e 4 of 4 CITY ~F DRPU HRITI ~~L~URE ~F INTERESTS city of corpus Christi ordinance 1l~ ~ ~, as areended, requires all persons or ~rnr seekin to da business with the ci to ' i n ~a liable anserwith "N A". prav~de the following ~nformat~on. Every question must be answered. If the quest~o~r s o pp , FIRM NAME: HQR Engineerin Inc. .,.~.~w ...~~~..- STREET: a~5 IV. CARANCAHUA, SI.IITE ~G50 Partnership Other {) CITY: CARPUS CHRISTI ZIP: 7 FIRM is: ~ . corporation ~~ ~. 4. Asac~at~an ~ 5. 3. dole owner ~ } DIL~~1RE G~~JET~N 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°l0 or more of the ownership in the shove named '"firm". Name Job Title and city Department cif known} NIA ~. State tie names of each "official" of the City of Corpus Christi having an "ownership interest" constituting ~°I~ or more of the ownership in the above named firm". Name Title NIA 3. Mate the names of each "board member" of the City of Carpus Christi having an "ownership interest" constituting 3~1a or n-ore of the ownership in the above named "firm", Narr~e Board, Cammissian, ar committee NIA 4. State the names of each em ~oyee or o#ficer of a "consultant" for the City of Corpus Christi who worked an any matter related to the su sect of this contract and has an ownership interest constrtut~ng 3°l0 or more of the ownership in the above named "firm". Marne cansultant NIA CERTIFICATE I cerkify 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 subr~itked to the City of Corpus Christi, Texas as changes occur. Certifying Person: ~~1 E. Trull P.E. Title: Mice President Type or Prrnt} Signature of ~erkifying Person: Date: _ ~~ ~ ~ } ~s~il~~.~~~~ Pro`ect Name Acct Fund Or Pro' Year Amount JE# Elliott Landfill has to Ener Dev 550100 3385 OOOOO 140083 2009 158,90D.D0 Cafe I~Vind Ever Evaluation 5507'00 3385 O~D~O 180193 X009 3~,a0D.00 Total Transfer To: $~ 88,900.00 .r - F} ;'y., .f 4.7 r ., q,y , 1F E •3 Hwy:: aJR "~ iF _~ # -}. ~{~~~~I~S 4~~'~~~- f~,,~4 y' 1iS ~•- '~ '~' L i~<'~J, .~l:~.~; ~G1'~~~'=1~' F ~ :~ ~ ~-` + - r , '~: j ~- }.. "~1 ~Y~# F SYi", ;~^±i'•.a ~.1?l~ti I:f-' f'Ai•, 1 Y ~i -~`t { 1V'~!.(M1~ }i4~~ ..'~:. •} * ~~~ r~ ~'y .4 ~. s.~ s~i.~;.f f ',~?,•ti- f. ,y ; ~~~{ h Y~ - em _,~ ~.,} .y ~}+. ..-~'~~ ~f~: ats"$r~4:~ ;7R~~3r;}i~-r, at~~~. ~ riY.~ ~ ~Y~ ti~ . '• ti J v~ F ~ „I+re .~,. iJi~v. JET --. TRANSFER FRAM Pro act Name Acct Fund Or Pro' Year Amount Reserve Appro nation 540500 3385 00000 500030 ~Oa 188,900.D0 Total Transfer From; ~ 8S,99D.00 TRANSFER T~ Pro`ect Name Acct Fund ~r Proj Year Amount Elliott Landfill Gas to Energy Dev '550950 335 D0000 140083 , 2009 158,9o0.OD Cafe IJVind Ener Evaluation 550050 3385 0000a 180903 X009 30,a00~0~ Tota# Transfer To: $188,990.OD Reason for Transfer: To align funding for Consultant services Agreement with HDR Enigneering, inc. for Elliott Land~il Gas to Energy Development Assistance Project #580 and Cafe Valen~uela Landfill Vllind Energy EvaluatiorrlDevelopment Project #581 Date _ P~epsred By: Kathy Harris ~#~OI2a09 .~_;~``~ f Department Head; ~~ ~- ~ +~{ `~,'~13. ~ Bud et: 5 .,{ ~ ~_:` ~, ~~ ~~~ :.~ Director of I~ana~eme t & g r ~<: ~ - =t :~ :~~,- 5280HDR33 QT2008 CITY OF CORPUS CHRISTI CAPITAL IMPROVEMENT PROJECTS TRANSFER OF FUNDS w~^l ~ CITY ~F ~~PU HRITI No. APPR~PRIATI~N ~NUMBRANE DER Vendor Ida : OOOOaB~a-~ Vendor Narne ~ Address: FIDR Engineering, Inc, - L~CATIDh! ~3 55 N, arancahua Suite ~ ~~~ r E~28~AH~ Page 1 of 1 orpr~s Christi, TIC ?~4?'8 The ~olivwing i#ems are encumbered against currentfisci year appropriations: Approval Date: ~~1~8l09 Motion IVo.: Nl~0~9- Pra~ect Na,INarne: #~80 Elliott Landfill has to Energy Development Assistance Description: ~~81 efe 1lalen~uela Landfill Vllind Energy Eva~uatianlDevelapment Donsultant Services - 9~~04 { z Available IW ands Standard ~Cltr~l APPROVAL: Department dead Date Director of Management Budget Date Finance Director Date Prepared by ~ngfneerin$ Services Printed on 7r~a~zao~