HomeMy WebLinkAboutC2012-296 - 8/28/2012 - ApprovedAIE AGREEMENT
for
Arch itecttEngiineer Consultant Services
This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home- rule - municipal
corporation, "CITY", acting through its duly authorized City Manager or designee ( "City Engineer "), and
URS CORPORATION, a Nevada corporation, acting through its duly authorized representative who is
Jeff Edmonds, P.E., Branch Manager (CONSULTANT), which agree as follows:
1. DECLARATIONS. "CITY" desires to engage "CONSULTANT" to provide services in
connection with City's project, described as follows; Water Pron ram Management Project No. E11069
(PROJECT).
2. SCOPE OF WORK. "CONSULTANT" shall provide services for the "PROJECT" in
accordance with the accompanying Letter, Scope of Services, and Fee attached as "Exhibit A ".
3. FEE. The "CITY" agrees to pay the "CONSULTANT" for services provided in accordance
with Exhibit "A ", Scope of Services, and Fee under this AGREEMENT, a fee not to exceed JjqQ
(Three Hundred Thousand Dollars and Zero Cents),
4. INDEMNIFICATION AND HOLD HARMLESS. The "CONSULTANT" agrees to indemnify,
save harmless and defend the "CITY ", and it's agents, servants, and employees as more fully set forth in
"Exhibit B -1 ".
5. The Term of this Agreement begins on the day it is signed by the City. The City, by and
through its City Manager or designee, may extend the Agreement at each calendar year by one year
upon agreement of both parties. Payment terms are net 30 days.
CITY OF CORPUS CHRISTI URS CORPORATION
•//,/ I-_
Oscar R. Martinez (Date)
Assistant City Manager
RECOMMENDED
ehoLlZ_
Daniel Biles, P.E. (Date)
Direc of ngineerin. ervi es
Dan Warth, (Date)
Vice President
711 North Carancahua, Suite 1624
Corpus Christi, TX 78475
(361) 884 -7140 " ' F J'T' 3 888 -41 _ J ff Edmonds,
Branch Manager
e?a /Z?
Op;nw- rtment (Date)
Project Number: E11
� 069
Off4dof Mgmt and Budget (ate} Funding Source: 550954-4088 - 00000- E11069
Encumbrance Number E I 10 ( Ar(kf-
ARkAW
2012 -296
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T�.�
8/28/
M2012 -1 linls y ]Memel Fi1es'tCon1m1.0ullook%SL99F710 AE Agreemenl.docx
URS Corporation INDEXED
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information flow, schedule tracking, expediting decisions, budget monitoring
and providing enhanced programmatic controls.
- - - - -
Coordination: URS will conduct project management meetings to ensure that
proper coordination occurs between city departments, individual design
efforts and other program stakeholders. Regular meetings will be scheduled
and attended by the URS' PM who shall coordinate information flow between
project stakeholders. The URS PM will also be available to conduct or attend
executive briefings as required.
Standardization of Design Contracting: Significant benefits could be
realized by implementing standard procedures. Standard procedures can help
expedite reviews, avoid duplicated effort and enhance final project outcomes.
The PMT will include the development of standardized scopes of work, design
procedures, uniform deliverable contents, quality expectations and contract
documents.
Master Scheduling: URS will maintain a master program schedule to track
the progress of individual projects as well as cross - project dependencies.
Master scheduling will help keep projects on schedule and improve the
coordination between project teams, with outside entities and regulatory
agencies.
Programming Documents: URS will assist the City to develop strategic
programming documents that will be used for high level planning. These
documents will assist with project formulation, prioritization, sequencing,
budgeting.
Independent Peer Review: URS will provide technical peer reviews of
design documents at key project milestones. To avoid conflicts of interest,
URS will not be called upon to provide actual design services under this
contract. We will reach out periodically to subject matter experts within URS
to review the work of design consultants and provide comments and
suggestions for improving project outcomes.
Cost Estimating: URS can provide budgetary cost estimates for
programming purposes as well providing peer review of engineer's estimates
that are completed by the design consultants.
Technical Consultation: URS will provide technical consultation on an as-
needed basis by recognized subject matter experts. When tasked with
providing expert technical consultation, the URS PM will determine the
EXHIBIT "A"
Page 2 of 4
Page 3 of 4
appropriate type of expertise required and screen candidates within URS to
identify the best individual for each technical consultation. The deliverables
- - -
for technical consultations will letter-reports - --
Value Engineering Studies: URS will work with the City's Project Manager
to identify individual projects for complete VE studies. At the appropriate
design milestone (typically 35 %), a URS facilitator will then lead a team of
independent professionals through a five -step process following the SAVE
International methodology for producing project improvements. Project
stakeholders will select the alternatives or recommendations likely to have the
greatest potential for project improvements. These alternatives are then
incorporated into the program and managed through implementation.
Procurement Strategy Development: Recent legislation has broadened local
governments' ability to utilize alternative project procurement strategies
beyond the traditional design, bid, build approach. URS will assist the project
stakeholders with the evaluation of available procurement strategies and the
recommendation of strategies best suited to individual projects.
WORK AUTHORIZATIONS: URS agrees to undertake and perform certain consulting and
professional engineering services ( "Services ") in accordance with the terms and conditions
contained herein, as may be requested by Client from time to time. URS will provide written
estimates for blocks of work and not proceed until written authorization from the City is
received. URS will immediately notify the City when nearing the budget ceiling on any work
authorization and will not exceed the ceiling without prior written authorization.
The Services to be performed, URS's compensation, and the schedule for performance for each
task shall be described in one or more authorizations issued to URS by the City of Corpus
Christi in the form of Work Authorization. A Work Authorization shall be valid and binding
upon the Parties only if accepted in writing by the City and URS. Each duly executed Work
Authorization shall be subject to the terms and conditions of this Agreement, except to the
extent expressly modified by the Work Authorization.
FEES: URS will perform services under this contract based on the method stipulated in the
Work Authorization. Work Authorizations will establish either a Time and Material or Lump
Sum fee basis. The initial rate schedule is attached. Since this is proposed to be a multi -year
effort, the labor rates will be escalated at the start of each calendar year at the consumer price
index for the previous year as published by the U.S. Bureau of Labor Statistics. Other
subcontract and other direct costs will be reimbursed at cost plus 10 %.
E IT IB "A"
e 3 of 4
Page 4 of 4
SCHEDULE: Schedules will be established for deliverables as they are defined in each Work
Authorization. It is anticipated that some aspects of URS' work will take the form of period
- - - - costs for normal weekly- operating- activities Other- activities -will be discrete- deliverables —with a
defined due date such as a peer review report or value engineering study. Schedules will be
negotiated individually for discrete deliverables.
Should you wish to discuss this matter further, please do not hesitate to contact.me at 361- 884 -7140.
Sincerely,
URS Corporatio
Jeff Edmonds, P.E.
Branch Manager
Attachments:
Rate Schedule
Sample Work Authorization T &M
Sample Work Authorization Lump Sum
Pre - negotiated Indemnity Language
EXHIBIT "A"
Page 4 of 4
EXHIBIT "B"
MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION
FOR AIE PROFESSIONAL SERVICES /CONSULTANT SERVICES
(Revised October 2010) — (Negotiated revision approved by the City and URS
Corporation, July 2012)
A. Consultant must not commence work under this agreement until all insurance required
herein has been obtained and such insurance has been approved by the City. The
Consultant must not allow any subcontractor to commence work until all similar insurance
required of the subcontractor has been obtained.
B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of
Insurance, showing the following minimum coverages by insurance company(s) acceptable
to the City's Risk Manager. The City must be named as an additional insured for all liability
policies except for Worker' Compensation and Professional Liability Insurance and a blanket
waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -Day Written Notice of Cancellation, Bodily Injury & Property Damage
non - renewal or material change required Per occurrence - aggregate
on all certificates
COMMERCIAL GENERAL LIABILITY
including:
1. Broad Form
2. Premises - Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
$1,000,000 COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT
1. Owned vehicles
2.. Hired — Non -owned vehicles
PROFESSIONAL LIABILITY including:
Coverage provided shall cover all
employees, officers, directors and agents
1. Errors and Omissions
WORKERS' COMPENSATION
$1,000,000 per claim 1$2,000,000
aggregate
(Defense costs not included in face value
of the policy)
If claims made policy, retro date must be
prior to inception of agreement; have
extended reporting period provisions and
identify any limitations regarding who is
an Insured
Which Complies with the Texas Workers
Compensation Act
EMPLOY LIABILITY
500,000/ 500,000/500,000
EXHIBIT " B "
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C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies
of all reports within (10) ten days of accident.
D. Consultant must obtain workers' compensation coverage through a licensed insurance
company in accordance with Texas law. The contract for coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance. The coverage
provided must be in amounts sufficient to assure that all workers' compensation obligations
incurred will be promptly met.
E. Consultant's financial integrity is of interest to the City; therefore, subject to
Successful Consultant's right to maintain reasonable deductibles in such amounts as are
approved by the City, Consultant shall obtain and maintain in full force and effect for the
duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance
coverage written on an GGGUFFeRre basis, by companies authorized and admitted to do
business in the State of Texas and with an A.M. Best's rating of no less than A -VII.
F- The City shall be entitled, upon request and without expense, to receive a certificate of
insurance se^ieS of the p e l iG i es, ` eGlaFat page and all endorsements thereto as they
apply to the limits required by the City, and may Fequire the — deletion, Fev +s„��e�
hereto ^r th - ..r — pNriter of aRY SUGh r.^r,.k,� Consultant shall be required to comply with
any such requests and shall submit a copy of the replacement certificate of insurance to City
at the address provided below within 10 days of the requested change. Consultant shall pay
any costs incurred resulting from said changes. All notices under this Article shall be given
to City at the following address:
City of Corpus Christi
Attn: Risk Management
P.O. Box 9277
Corpus Christi, TX 78469 -9277
Fax: (361) 826 -4555
G. Consultant agrees that with respect to the above required insurance, all insurance policies
are to contain or be endorsed to contain the following required provisions:
Name the City and its officers, officials, employees, volunteers, and elected
representatives as additional insured by endorsement, as respects operations and
activities of, or on behalf of, the named insured performed under contract with the City,
with the exception of the workers' compensation and professional liability polices;
ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City
of Corpus Christi where the City is an additional insured shown on the policy;
iii. Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
EXHIBIT "B"
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iv. Provide thirty (30) calendar days advance written notice directly to City of any
suspension, cancellation, non - renewal or material change in coverage, and not less than
ten (10) calendar days advance written notice for nonpayment of premium.
H. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage,
Successful Consultant shall provide a replacement Certificate of Insurance and applicable
endorsements to City. City shall have the option to suspend Consultant's performance
should there be a lapse in coverage at any time during this contract. Failure to provide and
to maintain the required insurance shall constitute a material breach of this contract.
I. In addition to any other remedies the City may have upon Consultant's failure to provide and
maintain any insurance or policy endorsements to the extent and within the time herein
required, the City shall have the right to order Consultant to stop work hereunder, and/or
withhold any payment(s) which become due to Consultant hereunder until Consultant
demonstrates compliance with the requirements hereof.
Nothing herein contained shall be construed as. limiting in any way the extent to which
Successful Consultant may be held responsible for payments of damages to persons or
property resulting from Consultant's or its subcontractors' performance of the work covered
under this agreement.
K. It is agreed that Consultant's insurance shall be deemed primary and non - contributory with
respect to any insurance or self insurance carried by the City of Corpus Christi for liability
arising out of operations under this contract.
L. It is understood and agreed that the insurance required is in addition to and separate from
any other obligation contained in this contract.
INDEMNIFICATION AND HOLD HARMLESS
URS Specific Language negotiated with the City of Corpus Christi, Exhibit B -1
EXHIBIT "B"
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URS SPECIFIC INDEMNIFICATION LANGUAGE
The following language was previously neg fo r use on URS -City of Corpus Christ
pro essiaria sisrvirre "agreeme�s:� - � - --
INDEMNIFICATION AND HOLD HARMLESS
To the extent permitted by law, Consultant agrees to indemnify, save harmless and
defend the City of Corpus Christi, and its officers, 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 cost and reasonable
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, to the extent caused by
Consultant's negligent performance of services covered by this contract. The foregoing
indemnity shall apply except to the extent such injury, death or damage is caused by the
sole or concurrent negligence of the City of Corpus Christi, its officers, agents, servants,
or employees, or any other'person indemnified hereunder.
= EXHIBIT "B -1
of 1
SUPPLIER NUMBER
TO BE ASSIGNED BYZ'I' T --"
PURCHASING DIVISION
City of CITY OF CORPUS CHRISTI
_ _ ---- I3ISCL---OSU- �OF WTII EST - - --
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 ". See reverse side for Filing Requirements, Certifications and
definitions.
COMPANY NAME: URS Corporation
P. O. BOX:
STREET ADDRESS: 711 N. Caraneahua, Suite 1620 CITY: Corpus Christi ZIP: 78475
FIRM IS: I . Corporation X 2. Partnership ❑ 3. Sole Owner ❑
4. Association. ❑ 3. 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)
N/A
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
N/A
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 Committee
NIA
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
NIA
E XH T" "C"
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FILING REQUHtEMENTS
if a person who requests official action on a matter knows that the requested action will confer an
economic benefit on any City official or employee that is distinguishable from the effect that the action
will have on members of the public in eneral or a substantial segment thereof, you shall disclose that fact
ia_a_ signed w riting - to the City_ official e mploy ee or body th at has been uested to _act in the matte_.r,.... ..._
unless the interest of the City oficia or employee in tTie matter is apparent, he disclosure siall also tie
made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)]
CERTIFICATION
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 changes occur.
Certifying Person: Jeff Edmonds, P. E.
Title:
Branch Manager
(rypr or Print)
Signature of Certifying Date:
Person: he
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. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an
effect on that interest that is distinguishable from its effect on members of the public in general or a
substantial segment thereof.
c. "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.
d. "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.
e. "Official" The Mayor, members of the City Council, City Manager, Deputy City Manager,
Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of
Corpus Christi, Texas.
f. "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 holdings or control established through voting trusts, proxies, or
special terms of venture or partnership agreements."
g. "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.
E IT `°C"
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SAMPLE
Water Program Management
Project No. E11069
Invoice No. 12345
Invoice Date:
Basic Services:
Preliminary Phase
Design Phase
Bid Phase
Report Phase
Construction Phase
Program Management
Subtotal Basic Services
Additional Services:
Permitting
Warranty Phase
Inspection
Platting Survey
Reporting
0 & M Manuals
SCADA
Subtotal Additional Services
Summary of Fees
Basic Services Fees
Additional Services Fees
Total of Fees
-0 m
v x
s
o B:
a�
0
h
Total Amount Previous Total Percent
Contract. Amd No_ 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete
$0
$0
$0
$0
$0
$0
$0
n/a
0
0
0
0
-
0
0
n/a
0
0
0
0
0
0
0
n/a
0
0
0
0
0
0
0
nla
n/a
0 0 0 0 0 0 0
300,000
0
0
300,000
150,000
0
150,000
50%
$300,000
$0
$0
$300,000
$0
$0
$150,000
50%
$0
$0
$0
$0
$0
$0
$0
E
n/a
0
0
0
0
0
0
0
n/a
0
0
0
0
0
0
0
n/a
0
0
0
0
0
0
0
n/a
0
0
0
0
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0
n/a
TBD
TBD.
TBD
TBD
TBD
TBD
TBD
0%
TBD
TBD
TBD
TBD
TBD
TBD
TBD
0%
$0
$0
$0
$0
$0
$0
$0
0%
$300,000
$0
$0
$300,000
$0
$0
$150,000
i
i
1
50
0
0
0
0
0
0
0
0 %
$300,000
$0
$0
$300,000
$0
$0
$150,000
50%
Schedule of Hourly Rates for Project E10144:
Water Program Management Services URS
Note: Engineer Classifications include civil, structural, coastal, geotechnical, electrical, mechanical, and
environmental disciplines.
Charges for equipment, services, and supplies not furnished directly by URS Corporation and any items of
expense not customarily incurred in our normal operations, are computed as follows:
Notes:
1. Cost plus 10 percent for other shipping charges, professional services, subsistence, transportation, printing,
and reproduction, miscellaneous supplies, and rentals.
2. Cost plus 10 percent for surveying services, land drilling equipment, construction equipment, testing
laboratories, and contract labor.
3. Cost plus 10 percent for vehicle, aircraft, watercraft, helicopter, and marine drilling equipment and
operation.
4. Mileage, per diem, and lodging will be reimbursed at cost plus 10 %.
5. Labor rates for subcontractors will be charged consistent with URS' proposed labor rates and will be
invoiced at cost plus 10 %.
6. A new rate table will go into effect at the beginning of each calendar year. The rates will be accelerated
based on the CPI for the previous calendar year.
EXHIBIT "E"
Page 1ofI
2012
Hourly
Labor Category
Rate
Corporate Principal
191
Program Manager
174
Sr_ Engineer /Sr. Scientist/Chief Estimator
161
Engineer /Scientist/Constructability Reviewer
139
Staff Engineer (PE) /Scientist/Scheduler
116
Sr_ Cost Estinator /Jr_ Engineer (PE)
110
Project Financial Administrator
90
Sr. CADD Designer /GIS Specialist/EIT
89
CADD Technician /Scheduler Assistant
81
Junior Estimator
72
Admin. Assistant/Writer
60
Note: Engineer Classifications include civil, structural, coastal, geotechnical, electrical, mechanical, and
environmental disciplines.
Charges for equipment, services, and supplies not furnished directly by URS Corporation and any items of
expense not customarily incurred in our normal operations, are computed as follows:
Notes:
1. Cost plus 10 percent for other shipping charges, professional services, subsistence, transportation, printing,
and reproduction, miscellaneous supplies, and rentals.
2. Cost plus 10 percent for surveying services, land drilling equipment, construction equipment, testing
laboratories, and contract labor.
3. Cost plus 10 percent for vehicle, aircraft, watercraft, helicopter, and marine drilling equipment and
operation.
4. Mileage, per diem, and lodging will be reimbursed at cost plus 10 %.
5. Labor rates for subcontractors will be charged consistent with URS' proposed labor rates and will be
invoiced at cost plus 10 %.
6. A new rate table will go into effect at the beginning of each calendar year. The rates will be accelerated
based on the CPI for the previous calendar year.
EXHIBIT "E"
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