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HomeMy WebLinkAboutC2013-124 - 4/9/2013 - ApprovedAGREEMENT For Professional Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home -rule municipal corporation, "CITY ", acting through its duty authorized City Manager or designee, and HDR ENGINEERING, INC., acting through its duly authorized representative who is Carl E. Crull, P.E., Vice Presiden (CONSULTANT), which agree as follows: 1. DECLARATIONS: "CITY" desires to engage "CONSULTANT" to provide services in connection with City's project, described as follows: Street Maintenance Fee Data Base Assistance "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 total fee not to exceed $202,500.00. 4. INDEMNIFICATION AND HOLD HARMLESS. The consultant agrees to indemnify, save harmless, and defend the City of Corpus Christi, and its agents, servants, and employees as more fully set forth in Exhibit " 5. INVOICE. "CONSULTANT" shall submit invoices for the PROJECT in accordance with the accompanying Sample attached as "Exhibit C ". "CONSULTANT" will submit monthly invoice statements for services rendered: "CITY" will make prompt monthly payments in response to "CONSULTANT" monthly estimates. CITY OF CORPUS CHRISTI Oscar R. Martinez ( te) Assistant City Manager HDR EN RING, f Caro E. Crull, ., Vice President (Date) 555 N. Carancahua, Suite 1600 Corpus Christi, TX 78401 (361) 696 -3300 Office (361) 696 -3385 Fax ATTEST: n — Armando Chapa, City Secretary APPROVED AS TO FORM: Operating De rtment (Qat Legal Department (Date) Project Number: Funding Source: Encumbrance Number: 2013 -124 4/09113 M2013 -065 �C ... ............ ..� ���•� S��'J�R HDR Engineering Inc. INDEXED M'r. Oscar Martinez . Assistant: City Manager City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 RE: Street Maintenance Tee Data Base Assistance Dear Mr. Martinez: HDR Engineering is pleased to continue its assistance in the development of the data base associated with the Street Maintenance Fee. Under' the current picposed fce calculation, coinmexcial businesses would be assigned a trip factor of 4.6 which is the median of 'the ITE trip factors for conunercial'uses.and. industrial businesses would be assigned a trip factor of 0.48. Based on conversations with city staff, TIDR's assistance is needed to further assign trip factors specific to the land use for'the commercial and industrial property categories. The existing data bases of the City and Nueces County Appraisal District do not assign specific land users, only general categories of `commercial' or `industrial'.. Some properties may be incorrectly assigned the commercial or industrial code. 'In order to assign trip factors specific to the use, it will be necessary to visually review the properties in the field and assign a land use code within the data base. It is estimated that there are 18;000 lines within the data base 'to . be evaluated. Many properties wi[1 have multiple lines. HDR 's scope and fee for• services related to enhancing the City. data base to include specific land uses is: outlined below. Scope of Services: HDR will • Provide #ennporary staff to field review the currently classified as `conunercial' or `industrial' in the city provided data base and assign a land use code from the - Trip Factor Index list (attached). HDR will coordinate with City staff development of the survey fornT, said forin to include information identifying criteria against which trip factor was determined. Data - collected will include visible business naine(s)„ vacant/occupied status,-structural notes such as demolished building, etc. e In the event the assigntnent of a trip - factor code by field personnel is in question, a digital picture ofthe business will be taken. HDR office staff in'eonsultation with City staff will review the digital picture and assign a trip factor code for that business. HUB Engineering,lrtc. 555 N Cerancehua Phona.,(XlJ890 -3300 Texas aegisteredEngigeering firm F -754 Suite 1800 Fax (361) 030-3M Corpus Chris14TX78401.0850 v m0drinc.com EXHIBIT A 'Mr. Oscar Martinez PAGE 2 OF 2 March G, 2013 Page 2 o Enter the Trip Factor codes collected by, field persoritiel into the City's 'Street .Maintenance Fee Excel data base as directed by City staff. o HDR will- not - perform any service associated. with water inter verification. o. Provide management and oversight ofthe field data collection and data entry, '"me of Completion: The estimated time of completion for tasks covered under.this contract is 12 weeks. Should it appear that the time of'conipletion be exceeded; HDR will notify the City and mutually agreed adjustment made. estimated Tee: This agreement initially authorizes a.rnaximtim fee not to exceed $225,000.00 for services from authorization for a period of 12 weeks. HDR will not incur expenses beyond the maximum amount authorized without prior authorization and amendment of this agreement'. The table below presents the HDR staff classifications that are anticipated to be involved with this - project. and their hourly-rate. They.-will be supported by other HDR staff as needed. HDR Will invoice for•other employees. at direct salary times a midtiplier of 3,5. Direct expenses such . as mileage, supplies, and equipment will be billed at cost plus 15 %. EMPLOYEE CLASSIFICATION HOURLY RATE Field Data Collector (Teimpoxary. $35.00 - sta ff) Data Entry. Administrative Assistant $80.75 Project. Management $295.00 , ! C'and Pro'ecf Controls $95.00 If• this..agreemeiit and terms and ..conditions are ricceptable, please prepare the necessary Agreement for professional Services for City Council Approval. The City" Council's approval of the Agreement will constitute a Notice to'Proceed with-the work. Should you need additional information regarding this proposal,_ please contact Mr. Crull at 361 =696 -3326 at your: convenience. Sincerely, HDR ENGINEERING, INC Carl )J. CnilI, P.E. Vice President cc: Valerie Gray, City Director of Storm Water and Street Operations t Exhibit BI Mandatory Requirements (Revised November, 2005) INDEIB IFICATION AND HOLD HARMLESS For non- professional services.. Consultant agrees to indemnify, save harmless and defend the City of Corpus Chrisd, 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, lasses and expenses, Including hurt costs and attorney fees, for or on account of any Injury to any person, or any death at any time resulting from such injury, or any dam age to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this contract. For professional services, Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and Its agents, servants, and employees, and each of them against and hold it avid them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, Including court costs and attorney fees, for or on account of any Injuryto any person, or any death at any time resulting from such injury, or any damage to any property, to the extent caused or alleged to have been caused by the Consultant's negligent acts, errors or omissions In the performance of professional services under this contract. The foregoing indemnity shall apply exceptifsuch 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. POW I of 1 H'1HOiNF%VY"EhWQrA*SMALL AE (I M4)MAALL EXHIBIT B&HOR INDWNI1 Y.EOG Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees Sample form for COMPLETE PROJECT NAME Payment Request Revised 07/27/00 Project No. XXXX Invoice No. 12345 Invoice Date; Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0. $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0 0 /0 TBD TBD TBD TBD TBD TBD TBD .0% $2,000 $1,120 $1,527 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 . 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23 EXHIBIT "C" Pagel of 1 .aco CERTIFICATE OF LIABILITY INSURANCE 6/1/2013 f .10130/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING 1NSURER(Sl, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollay(ies) must be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer.rights to the certificate holder in lieu of such endorsement (s). PRODUCER Lockton Companies, LLC -I Kansas City c Mel 444 W. 471h Street, Suite 900 PROM 1 FAX Kansas City MO 64112-1906 E -hfAIL a No. (816) 960 -9000 ss: IN8 AFFORDING COVERAGE NAIL INSURER A; HIB#foA Fire Insurance Cam 19682 INSURED HDR ENGINEERING, INC. I INSURER B: St. PILUI Fire and Marine Insurance Company 7 1013472 8404 INDIAN HILLS DRIVE INSURERC: Sentinel Insurance Com an Ltd. 11400 OMAHA NP, 68114-4049 INSURERn: Zurich American Insumce Comnanv 16535 COVERAGE$ HDRIN01 SA CERTIFICATE NUMBER- 120 51254 REVISION NUMBER! THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT DR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS - I L7R TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP INSR VJVO POLICYNUMBE R MAND 11111111000YIng LIMITS A GENERALLIAB[UTY Y Y 37CSEQUO950 6/1/2012 6/111013 - EAC440=URRENCE S 1,000-000 MMERCIAL GENE BIUTY 7X DAMAGE TO RENTED PREMISES (Eaxplrcence) $ l 0 0017 CLAIMS -MADE OCCUR MED EXP (MY one er;on 3 10,000 X Contractual Liab. PERSONAL BaOVINJURY $ 1,000,000 GENERALAGGREGATE $ 2 0 00 GENL. AGGREGATE LIMIT APPLIES PER P CT RODUS- COMPIOPAGG s I'QLtCY x � x LGC $ A A AUTOMOBILE LIABILITY Y Y 37CSE U095I AOS) 37CSEgU4952 #HI] 6/1/2012 6/1/2013 DOM [Ea := ; 2,000, X BODILY INJURY(Parpersen) $ x A ANY AUTO 37MC U1160(MA) 6/1/2012 611/2012 6/1/2013 6/1 /2013 BODILY INJURY Per eacidanl S ALLOVVNEO SC HE DU LED AUTOS AUTOS X HIRED AUTOS K NON - D WNED PROPERTY bAMAGE $ $ )O XXXXx B X DMBRELLALIAB }( OCCUR N N ZUP- IOR64084 -12 -NF 611/2012 6!312013 EACHOCCURRENCE $ 1000 AGGREGATE $ 1 EXCESS LIAR CLAMS -MADE (EXCLUDES PROF. LIAB) DED I X I RETENTION$ $0 $ C VMRKERS COMPENSATION Y AND EMPLOYERS' LIABILITY YIN 91WEf}11 100D 711/2DI2 7/111013 X TORY LIMITS ER ANY PROPRIETUMPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? ® NIA EI. EACKACCIOENT $ IManddbry 1a [t es,desaihe and er rd El. DISEASE - EAEMPLOYEE $ 1 , 0M , 000 EI.DISEASE - POLICY LIMIT S 000017 DESCRIPTION OF OPERATIONS be low D ARCHS Bt ENGS N N P-OC9260026 -05 /1/2012 6 6112013 PROFESSIONAL PER CLAIM: $1,000,ODD, AGO: LIABILITY $ 1,000,000. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, AddBional Remarks Schedule, If more Spam is IacEWmd) RE: ENGINEERING SERVICES - THE CITY OF CORPLIS CHRIST! IS NAMED AS ADDITIONAL INSURED ON GENERAL LIABILITY AN D AUTO ON A PRIMARY, NON- CONTRIBUTORY BASIS, AS PER WRITTEN CONTRACT. WAIVER OF SUBROGATION APPLIES WHERE ALLOWABLE BY LAW. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WELL BE DEUVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 92051254 CITY OF COIRPLJS CHRIS'T'I CONTRACT ADMINISTRATOR ATTN: DEPARTMENT OF ENGINEERING SERVICES P.O. BOX 9277 CORPUS CHRISTI TX 78469 -9277 RD 25 (2040105 The ACORD name and logo are registered Sul'PLIEIt Nl#'\1HER TO BE :ASSIGNED B [.7T7 PURCHASING.131 V ISION City of CITY OF CORPUS CHRISTI Cdr DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking.to do business with the City to provide the foiloWing information. Every question must be answered. If the question is not applicable, answer with - `NA ". Sec reverse side for filing Requirements, Certifications and definitions. COMPANYNAME: R Engineering;, Inc. P. O. BOX: STREET ADDRESS: 555 N. Caratteahnn, Suite 16 CITY: Corpus Christi ZIP: FIRM IS: 1. Corporation \ ?. Partnership ❑ 3. Sole Owner ❑ 4. Association ❑ 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page car attach separaue sliest. 1. State the names of each "employee" of tite Cite of Corpus CIristi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job "Dille and City Department (if known) MTA 2. State the names of each "official" of the Cite of Corpus Christi having all `'ownership interest" constituting 3 11 ,14 or more of the ownership in the above, named "tirm. ` Name Title N/A 3. State the names of each "board member" of the Cit. of Corpus Christi having an - ownership interest" constituting 3% or more of the ownership in '[lie above; named "firm.'' Name Board. Commission or C'umntittce NIA 4_ State the names of each etnplos cc or officer of a "consultant" for the City of Corpus Christi who nvorked on any matter related to the subject of this contract and ]tas an - ownership interest" constituting 3% or more of the ownership in the above named "firut." Name Consultant N/A 78478 FILING. REQUIREMENTS 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 tnentbers of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, cia employee or bode that has been requested to act in the matter, unless the interest of the City offil or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed 'WIth the City Secretary. [Ethics Ordinance Section 2 -349 (d)) CERTIFICATION I certif that all information provided is true and correct.as of the date of this statement, that 1 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 chanaes occur. Certifying Person: Carl E. Cruil, P. E. Title: Vice President eType or grimy Signature of Certifying Date: 1. Person: 3 DEFINITIONS a. 'Board member." A member of any board, commission, or committee appointed by Ilse 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 Citn' of Corpus Christi. Texas either on a full or part-tithe 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 firm 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.. nietnbers of the Cite Council. Citv iManager. Deputy Cjly Manager. Assistant City Managers, Department and Division Heads, and N-1unicipal Court Judges of the City of Corpus Christi, Texas. F. "Ownership Interest." Legat or equitable interest, whetter actually or constructivch 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 first, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation.