HomeMy WebLinkAboutC2015-095 - 7/14/2015 - Approved •
CITY OF CORPUS CHRISTI
CONTRACT FOR PROFESSIONAL SERVICES
The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277,
Corpus Christi, Nueces County, Texas 78469-9277 ("City") acting through its duly
authorized City Manager or Designee (Director of Capital Programs) and HDR
Engineering, Inc., a Texas corporation, 555 N. Carancahua, Suite 1600, Corpus
Christi, Nueces, Texas, 78401, ("Architect/Engineer—NE"), hereby agree as follows:
1. SCOPE OF PROJECT
Salt Flats Levee System, Phase 2 (Project No. E12070) —
Under this Agreement, NE will provide services on a Task Order basis (reference
Exhibit A) for a range of services related to the Flood Insurance Rate Map (FIRM)
update in the portion of downtown Corpus Christi protected by the downtown flood
protection system. Work will be subject to authorization from CITY. A detailed Scope of
Services and fee estimate will be developed for each task prior to execution of work.
Potential Task Orders include: FEMA LAMP Pilot Coordination, Interior Drainage
Analysis, Ranking Suspected Flood Protection Deficiencies, Geotechnical
Investigations, Deficiency Correction Plans, Corrective Measure Planning, Corrective
Measure Design, Coastal Structure Evaluations, Floodwall Evaluations and other
services as required.
2. SCOPE OF SERVICES
The NE hereby agrees, at its own expense, to perform design services necessary to
review and prepare plans, specifications, and bid and contract documents. In addition,
NE will provide monthly status updates (project progress or delays, gantt charts
presented with monthly invoices) and provide contract administration services, as
described in Exhibit "A", to complete the Project. Work will not begin on Additional
Services until requested by the NE (provide breakdown of costs, schedules), and
written authorization is provided by the Director of Engineering Services.
NE services will be "Services for Construction Projects"- (Basic Services for
Construction Projects") which are shown and are in accordance with "Professional
Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint
publication of the Consulting Engineer's Council of Texas and Texas Society of
Professional Engineers. For purposes of this contract, certain services listed in this
publication as Additional Services will be considered as Basic Services.
2015-095 Contract for Engineering(NE)Services
7/14/15 lealth 8 Safety\E12070-Prelim FEMA Bayfront FIRM Assessment\Multiple Project Agreement w HDR\1 CONTRACT
M2015-071
HDR Engineering Inc. INDEXED
3. ORDER OF SERVICES
The NE agrees to begin work on those authorized Basic Services for this contract upon
receipt of the Notice to Proceed from the Director of Engineering Services. Work will
not begin on any phase or any Additional Services until requested in writing by the NE
and written authorization is provided by the Director of Engineering Services. The
anticipated schedule of the preliminary phase, design phase, bid phase, and
construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all
additional time that may be required for review by the City staff and may be amended by
or with the concurrence of the Director of Engineering Services.
The Director of Engineering Services may direct the NE to undertake additional
services or tasks provided that no increase in fee is required. Services or tasks
requiring an increase of fee will be mutually agreed and evidenced in writing as an
amendment to this contract. NE shall notify the City of Corpus Christi within three (3)
days of notice if tasks requested requires an additional fee.
4. INDEMNITY AND INSURANCE
NE agrees to the mandatory contract indemnification and insurance requirements as
set forth in Exhibit "B".
5. FEE
The City will pay the NE a fee, as described in Exhibit "A", for providing services
authorized, a total fee not to exceed $650,000.00, (in Numbers), Six Hundred Fifty
Thousand (in Words). Monthly invoices will be submitted in accordance with Exhibit
6. TERMINATION OF CONTRACT
The City may, at any time, with or without cause, terminate this contract upon seven
days written notice to the NE at the address of record. In this event, the NE will be
compensated for its services on all stages authorized based upon NE and City's
estimate of the proportion of the total services actually completed at the time of
termination.
7. LOCAL PARTICIPATION
cerviccs be of maximum benefit to the local economy. The NE agrees that at least
- _ _ _ ' _ _ - ' '_- A -- _ a Waived for this project, Request For
Qualifications (RFQ) 2012-03.
Contract for Engineering(NE)Services
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PROFESSIONAL SERVICES.docx
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8. ASSIGNABILITY
The NE will not assign, transfer or delegate any of its obligations or duties in this
contract to any other person without the prior written consent of the City, except for
routine duties delegated to personnel of the NE staff. If the NE is a partnership, then in
the event of the termination of the partnership, this contract will inure to the individual
benefit of such partner or partners as the City may designate. No part of the NE fee
may be assigned in advance of receipt by the NE without written consent of the City.
The City will not pay the fees of expert or technical assistance and consultants unless
such employment, including the rate of compensation, has been approved in writing by
the City.
9. OWNERSHIP OF DOCUMENTS
All documents including contract documents (plans and specifications), record
drawings, contractor's field data, and submittal data will be the sole property of the City,
may not be used again by the NE without the express written consent of the Director of
Engineering Services. However, the NE may use standard details that are not specific
to this project. The City agrees that any modification of the plans will be evidenced on
the plans, and be signed and sealed by a professional engineer prior to re-use of
modified plans.
10. DISCLOSURE OF INTEREST
NE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to
complete, as part of this contract, the Disclosure of Interests form.
CITY OF CORPUS CHRISTI HDR ENGINEERING, INC.
. /�
/ic �� � •i•1;-
.H. Edmonds, P.E Dat Arthur B. Colwell Date
Director Capital Programs Vice President
555 N. Carancahua, Suite 1600
(361) 696-3300 Office
RECOMME► BED 112-o\5-501
-02- NUE;
s •eratin• Department Date -------+--
SECRETAR
Contract for Engineering(NE)Services
K\Engineering DataExchange\ClarissaJ\Public Health&Safety\E12070-Prelim FEMA Bayfront FIRM Assessment\Multiple Project Agreement w H0R\1 CONTRACT
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APPROVED
a",avy, 7/s-/
Office of Management D. -
and Budget
APP OVED AS TO LEGAL FORM
4Z -7-? L5
sistant City AttorneyDate
ATTEST
Rebecca Huerta, City Secretary
Salt Flats Levee System, Phase 2 (Project No. E12070)
Fund Name Accounting Account Activity No Account Amount
Unit No. Category
Seawall System 3272-707 550950 E12070013272EXP 50950 $650,000.00
Total $650,000.00
Encumbrance No. vri""
Contract for Engineering(NE)Services
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PROFESSIONAL SERVICES.docx
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I-�
May 29,2015 220658
Mr.Jeff Edmonds,P.E.
Director,Capital Programs
City of Corpus Christi
P.O.Box 9277
Corpus Christi,Texas 78469-9277
Ma Fed Se."(Ok Les
RE: AGREEEMENT FOR PROFESSIONAL SERVICES FOR SALT
FLATS LEVEE SYSTEM,PHASE 2—PROJECT NO..3428 6,2,01D
Dear Mr.Edmonds,
Thank you again for the opportunity to provide professional engineering,consulting,and related services
to the City of Corpus Christi for the Salt Flats Levee System,Phase 2 Project.
Enclosed are two copies of our proposed Multiple Project Agreement(MPA)for your review. If you are
in agreement with the proposed MPA and Terms and Conditions,please execute both copies of the MPA
and return one copy to us. We look forward to supporting your efforts on the Salt Flats Levee and
related flood protection elements.
Please call me at 361-696-3344 if you would like to discuss this in more detail.
Sincerely,
HDR ENGINEERING,INC.
Daniel J.Heilman,P.E.
Coastal Program Technical Leader
DJH/jcm
CC: Daniel Deng,P.E.,Major Projects Engineer,Capital Programs
Julio Dimas,CFM,Assistant Director,Development Services
Carl Crull,P.E.,Vice President,HDR Engineering,Inc.
Curtis Beitel,P.E.,CFM,HDR Engineering, Inc.
Enclosures: (1)Multiple Project Agreement
(2)Exhibit A—Task Order No. 1 (Sample)
(3)Exhibit B—Terms&Conditions for Floodplain,Dams&Levee Professional Services
(4)Exhibit C—HDR Schedule of Rates(No. 1-15)
555 N.Carancahua,Suite 1600
hdrinc.com Corpus Christi,TX 78401
T 361-696.3300 F 361-696-3385
EXHIBIT "A"
Page 1 of 10
Nct.4 y SewIce
5
WildrirMYRITJECT AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made as of this day of
2015, between the City of Corpus Christi, hereinafter referred to as "OWNER," and HDR
Engineering, Inc., hereinafter referred to as "ENGINEER," for engineering services as
described in this Agreement.
WHEREAS, OWNER desires to retain ENGINEER, a professional engineering
firm, to provide professional engineering, consulting and related services ("Services") on
one or more tasks under Project No. 3428 (Engineering Project No. E12070 in the Public
Health and Safety category of the CIP 2014-15), "Salt Flats Levee System, Phase 2," in
which the OWNER is involved; and
WHEREAS, ENGINEER desires to provide such services on such tasks as may
be agreed, from time to time, by the parties;
NOW,THEREFORE, in consideration of the mutual covenants contained
herein, the parties agree as follows:
SECTION I. PROJECT TASK ORDER
1.1 This Agreement shall apply to as many tasks as OWNER and ENGINEER agree
will be performed under the terms and conditions of this Agreement. Each task
ENGINEER performs for OWNER hereunder shall be designated by a"Task
Order." A sample Task Order is attached to this Agreement and marked as
Exhibit"A." No Task Order shall be binding or enforceable unless and until it
has been properly executed by both OWNER and ENGINEER. Each properly
executed Task Order shall become a separate supplemental agreement to this
Agreement.
1.2 In resolving potential conflicts between this Agreement and the Task Order
pertaining to a specific project,the terms of the Task Order shall control.
1.3 ENGINEER will provide the Scope of Services as set forth in Part 2 of each Task
Order.
1.4 Under this Agreement, ENGINEER will provide services on a Task Order basis
(reference Exhibit A) for a range of services related to the Flood Insurance Rate
Map (FIRM) update in the portion of downtown Corpus Christi protected by the
downtown flood protection system. Work will be subject to authorization from
OWNER. A detailed Scope of Services and fee estimate will be developed for
each task prior to execution of work. Potential Task Orders include: FEMA
LAMP Pilot Coordination, Interior Drainage Analysis, Ranking Suspected Flood
Protection Deficiencies, Geotechnical Investigations, Deficiency Correction Plans,
Corrective Measure Planning, Corrective Measure Design, Coastal Structure
Evaluations, Floodwall Evaluations and other services as required.
EXHIBIT "A"
Contracts Manual SMOEA- 1 Page 2 of 10
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1.5 The actual schedule and duration for each task is subject to the detailed scope of
work negotiated between OWNER and ENGINEER for desired tasks, the
sequencing of the tasks, and the timing of OWNER's task authorizations. The
actual schedule for each task will be established under Part 4.0, "Periods of
Service," in each Task Order.
SECTION II. RESPONSIBILITIES OF OWNER
In addition to the responsibilities described in paragraph 6 of the attached "HDR
Engineering, Inc. Terms and Conditions for Floodplain, Dams and Levee Professional
Services" (file date May 2013), marked as Exhibit"B," OWNER shall have the
responsibilities described in Part 3 of each Task Order.
Contracts Manual SMOEA-2 7-2000
EXHIBIT "A"
Page 3 of 10
•
SECTION III. COMPENSATION
Compensation for ENGINEER's Services shall be in accordance with Part 5 of each Task
Order, and in accordance with paragraph 11 of the "HDR Engineering, Inc. Terms and
Conditions for Floodplain, Dams and Levee Professional Services" (file date May 2013).
The anticipated fee structure under this agreement is shown below. ENGINEER's fee for
each Task Order will be established as a negotiated lump-sum amount, or on a time and
materials (T&M) basis with a negotiated not-to-exceed amount. The fee for Task Orders
that are authorized on a T&M basis will be determined using ENGINEER's current rate
schedule. ENGINEER's 2015 rates are attached as Exhibit C. These rates are subject to
revision in January each year.
FEE STRUCTURE
DESCRIPTION ENGINEER FEE
Maximum Contract Amount[121 $650,000 (max)
Task 1 —FEMA LAMP Pilot Coordination TBD
Task 2— TBD TBD
Task 3— TBD TBD
Task 4— TBD TBD
Task 5— TBD TBD
Task 6— TBD TBD
Task 7— TBD TBD
Task 8— TBD TBD
Task 9— TBD TBD
Task 10—TBD TBD
Notes:
1. Total contract amount (i.e., the sum of the fees for all tasks) may not exceed the maximum
fee shown without an amendment to this agreement.
2. The detailed scope and fee amounts for each Task will be negotiated on a per-task basis prior
to execution of each Task Order(see Exhibit A). OWNER understands that not all of the tasks
listed above can necessarily be performed within the maximum overall fee of$650,000.
Contracts Manual SMOEA-3 7-2000
EXHIBIT "A"
Page 4 of 10
SECTION IV. TERMS AND CONDITIONS OF ENGINEERING SERVICES
The"HDR Engineering,Inc. Terms and Conditions for Floodplain, Dams and Levee
Professional Services" (file date May 2013),which are attached hereto and marked as
Exhibit"B,"are incorporated into this Agreement by this reference.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day
and year first written above.
CITY OF CORPUS CHRISTI
"OWNER"
BY:
NAME:
TITLE:
ADDRESS:
HDR ENGINEER ENGINEERING, INC.
"ENGINEER"
BY:
NAME: Arthur B. Colwell,P.E.
TITLE: Vice President/Managing Principal
ADDRESS: 1600 N. Carancahua, Suite 1600
Corpus Christi, TX 78401
EXHIBIT "A"
Page 5 of 10
Contracts Manual SMOEA-4
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EXHIBIT A
TASK ORDER
This Task Order pertains to an Agreement by and between
("OWNER"), and ENGINEER Engineering, Inc. ("ENGINEER"), dated
, 20 , ("the Agreement"). Engineer shall perform services on the
project described below as provided herein and in the Agreement. This Task Order shall
not be binding until it has been properly signed by both parties. Upon execution, this
Task Order shall supplement the Agreement as it pertains to the project described below.
TASK ORDER NUMBER:
PROJECT NAME:
PART 1.0 PROJECT DESCRIPTION:
PART 2.0 SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER ON THE
PROJECT:
PART 3.0 OWNER'S RESPONSIBILITIES:
PART 4.0 PERIODS OF SERVICE:
PART 5.0 PAYMENTS TO ENGINEER:
PART 6.0 OTHER:
Contracts Manual SMOEA- 1 7-2000
EXHIBIT "A"
Page 6 of 10
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This Task Order is executed this day of , 20
ENGINEER ENGINEERING, INC.
"OWNER" "ENGINEER"
BY: BY:
NAME: NAME:
TITLE: TITLE:
ADDRESS: ADDRESS:
Contracts Manual SMOEA-2 7-2000
EXHIBIT "A"
Page 7 of 10
EXHIBIT B
HDR ENGINEERING, INC.
TERMS AND CONDITIONS
FOR FLOODPLAIN,DAMS AND LEVEE PROFESSIONAL SERVICES
Parties: 6.CUENT-PROVIDED SERVICES AND INFORMATION
HDR ENGINEERING.INC.I-ENGINEER"or"HDR'i and the CITY OF CLIENT will provide all criteria and information pertaining to the project in
CORPUS CHRISILCCLIFNT'or"CITY") CLIENT's possession,and any requirements or budgetary Limitations.The
CLIENT agrees ENGINEER shall bear no responsibility for the
1.STANDARD OF PERFORMANCE technical accuracy and content of CLIENT-furnished documents,
Notwithstanding any other provision of any contract term between the information and services.In performing services hereunder,it is
ENGINEER and the CLIENT,the standard of care for all professional understood by CLIENT that ENGINEER is not engaged in rendering any
engineering,consulting and related services performed or furnished by type of legal,insurance or accounting services,opinions or advice.
ENGINEER and its employees under this Agreement will be the care and Further,it is the CLIENT's sole responsibility to obtain the advice of an
skill ordinarily used by members of ENGINEERS profession practicing attorney,insurance counselor or accountant to protect the CLIENT's legal
under the same or similar circumstances at the same time and in the and financial interests
same locality.ENGINEER makes no warranties,express or implied.
under this Agreement or otherwise,in connection with ENGINEER's 7.SUCCESSORS AND ASSIGNS
services.ENGINEER and CLIENT agree that no other party is an OWNER CLIENT and ENGINEER,respectively,bind themselves,their
intended or unintended third-party beneficiary of this contract,and that partners,successors,assigns,and legal representatives to the covenants
ENGINEER'S duties run solely to CLIENT. of this Agreement.Neither OWNER CLIENT nor ENGINEER will assign,
sublet,or transfer any interest in this Agreement or claims arising
2.INSURANCE/INDEMNITY therefrom without the written consent of the other.
ENGINEER agrees to procure and maintain,at its expense,Workers'
Compensation insurance as required by statute;Employer's Liability of 8.REUSE OF DOCUMENTS
5250,000:Automobile Liability insurance of$1,000,000 combined single All documents,including all reports.drawings,specifications,computer
limit for bodily injury and property damage covering all vehicles,including software or other items prepared or furnished by ENGINEER pursuant to
hired vehicles,owned and non-owned vehicles:Commercial General this Agreement,are instruments of service with respect to the project.
Liability insurance of$1,000,000 combined single limit for personal injury provided to the CLIENT as cart of ENGINEER'S performance of this
and property damage,and Professional Liability insurance of$1,000.000 Agreement. Therefore.ENGINEER and CI TENT retains- ownership of
per claim for protection against claims arising out of the performance of all such documents.OWNER-CLIENT,may shall retain copies of the
services under this Agreement caused by negligent acts,errors,or documents for its information and reference in connection with the
omissions for which ENGINEER is legally liable.Upon request.OWNER project however,none of the documents are intended or represented to
CLIENT-shall be made an additional insured on Commercial General and be suitable for reuse by OWNER CLIENT or others an extensions of the
Automobile Liability insurance policies and certificates of insurance will be project or on any other project Any reuse without written verification or
furnished to the OWNER CLIENT.ENGINEER agrees to Indemnify adaptation by ENGINEER for the specific purpose intended will be at
OWNER CLIENT for claims to the extent caused by ENGINEER's OWNER CLIENT'S sole risk and without liability or legal exposure to
negligent acts,errors or omissions. ENGINEER,and OWNER CLIENT.to the extentoermitted by law.will
defend,indemnify and hold harmless ENGINEER from all claims.
3.OPINIONS OF PROBABLE COST(COST ESTIMATES) damages,losses and expenses,including reasonable attorney's fees.
Any opinions of probable project cost or probable construction cost arising or resulting therefrom.Any such verification or adaptation will
provided by ENGINEER are made on the basis of Information available to entitle ENGINEER to further compensation at rates to be agreed upon by
ENGINEER and on the basis of ENGINEER's experience and OWNER CLIENT and ENGINEER.
qualifications,and represents its judgment as an experienced and
qualified professional engineer.However,since ENGINEER has no 9.TERMINATION OF AGREEMENT
control over the cosi of labor,materials,equipment or services furnished OWNER CLIENT or ENGINEER may terminate the Agreement,In whole
by others,or over the contractor(e)methods of determining prices,or or in part,by giving seven(7)days written notice,if the other party
over competitive bidding or market conditions,ENGINEER does not substantially fails to fulfill its obligations under the Agreement through no
guarantee that proposals.bids or actual project or construction cost will fault of the terminating party_Where the method of payment is"lump
not vary from opinions of probable cost ENGINEER prepares. sum,'or cost reimbursement,the final invoice will include all services and
expenses associated with the project up to the effective date of
4.CONSTRUCTION PROCEDURES termination.jf CLIENT terminates the AoreemenL CLIENT will m
ENGINEER'S observation or monitoring portions of the work performed Aan equitable adjustment to provide fo1arminater+
under construction contracts shall not relieve the contractor from its eettleeteral-reimbursernent of costs ENGINEER actually incurred mews-as
responsibility for performing work in accordance with applicable contract a result of commitments that ENGINEER can show were batt of the
documents:ENGINEER shall not control or have charge of,and shall not Performance reourred under this Acreement and that such commitments
be responsible for,construction means,methods,techniques,sequences, had become firm before termination,and for a reasonable profit for
procedures of construction,health or safety programs or precautions services performed.
connected with the work and shall not manage,supervise,control or have
charge of construction.ENGINEER shall not be responsible for the acts 10.SEVERABILITY
or omissions of the contractor or other parties on the project.ENGINEER If any provision of this agreement is held invalid or unenforceable,the
shall be entitled to review all construction contract documents and to remaining provisions shall be valid and binding upon the parties.One or
require that no provisions extend the duties or liabilities of ENGINEER more waivers by either party of any provision,term or condition shall not
beyond those set forth In this Agreement.OWNER CLIENT agrees to be construed by the other party as a waiver of any subsequent breach of
include ENGINEER as an indemnified party in OWNER CLIENT's the same provision,term or condition_
construction contracts for the work,which shall protect ENGINEER to the
same degree as OWNER CLIENT.Further,OWNER CLIENT agrees that 11.INVOICES
ENGINEER shall be listed as an additional insured under the construction ENGINEER will submit monthly invoices for services rendered and
contractor's liability insurance policies. OWNER CLIENT will make prompt payments in response to
ENGINEER's invoices.
5.CONTROLLING LAW
This Agreement is to be governed by the law of the eitaleeitgaufatem. ENGINEER will retain receipts for reimbursable expenses in general
where ENGINEER's services are to be performed.Venue Iles exclusively accordance with Internal Revenue Service rules pertaining to the support
in Nueces County.Texas. of expenditures for income tax purposes.Receipts will be available for
Inspection by OWNER CLIENT s auditors upon request.
Terms&Conditions for Floodplain.Dams 1 of 2 EXHIBIT "A"
Arid Levee Professional Services Page 8 of 10
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If OWNER CLIENT disputes any items in ENGINEER'S invoice for any CLIENT,supersedes and controls over all prior written or oral
reason,including the lack of supporting documentation,OWNER-CLIENT understandings-This Agreement may be amended,supplemented or
may temporarily delete the disputed item and pay the remaining amount modified only by a written instrument duly executed by the parties.
of the invoice.OWNER CLIFNT will promptly notify ENGINEER of the
dispute and request clarification and/or correction.After any dispute has 17.LIMITATION OF LIABILITY
been settled,ENGINEER will include the disputed item on a subsequent. CLIENT recognizes that ENGINEER'S fee for performing services
regularly scheduled invoice,or on a special invoice for the disputed item hereunder is not commensurate with the risks associated with potential
only.OWNER CLIENT recognizes that late payment of invoices results in damages,losses or claims arising there from.As a result,CLIENT agrees
extra expenses for ENGINEER.ENGINEER retains the right to assess that HDR's and its employees'total liability to CITY for any loss or
OWNER CLIENT interest at the rate of one percent(1%)per month,but damage,including third party losses,damages or claims,arising out of or
not to exceed the maximum rate allowed by taw,on invoices which are in connection with the performance of services or any other cause,
not paid within thirty(30)days from the date of the invoice. In the event including ENGINEER's and its employees'professional negligent acts.
undisputed portions of ENGINEER's invoices are not paid when due. errors,or omissions,shall not exceed the
greater of S50;000,eiKhe total
ENGINEER also reserves the right,after seven(7)days prior written compensation received by ENGINEER hereunder,or the amount of
notice,to suspend the performance of its services under this Agreement ENGINEER's liability insurance coverage limits.end-regardless of what
until all past due amounts have been paid in full. cause of action(s)CLIENT may have including but not limited to
indemnity,contribution,and toint and several liability,and CLIENT shall,
12.CHANGES to the extent permitted by law,indemnify,release and hold ENGINEER
The parties agree that no change or modification to this Agreement,or and its employees harmless from any liability above such amount.
any attachments hereto,shah have any force or effect unless the change CLIENT further expressly waives any right of subrogation it may have
is reduced to writing,dated,and made part of this Agreement.The against ENGINEER above such limitation,and agrees,to the extent
execution of the change shall be authorized and signed in the same permitted by law jg defend,indemnify and hold ENGINEER harmless for
manner as this Agreement.Adjustments in the period of services and in any subrogation claims of third-parties above such limitation.
compensation shall be in accordance with applicable paragraphs and
sections of this Agreement,Any proposed fees by ENGINEER are 18.LITIGATION SUPPORT
estimates to perform the services required to complete the project as In the event ENGINEER is required to respond to a subpoena.
ENGINEER understands it to be defined.For those projects involving government inquiry or other legal process related to the services in
conceptual or process development services,activities often are not fully connection with a legal or dispute resolution proceeding to which
definable in the initial planning.In any event,as the project progresses, ENGINEER is not a party,CLIENT shall reimburse ENGINEER for
the facts developed may dictate a change in the services to be reasonable costs in responding
performed,which may atter the scope,ENGINEER will inform OWNER - - . -- • "-- -- - ' .
CLIENT of such situations so that changes in scope and adjustments to dosue:ents and shall pay ENGINEER its standard rates for providing
the time of performance and compensation can be made as required.If expert witness services when attending depositions,heanngs,and trial.
such change,additional services,or suspension of services results in an
increase or decrease in the cost of or time required for performance of the If ENGINEER is made a party to any litigation concerning CLIENT's flood
services,an equitable adjustment shall be made,and the Agreement control structures,CLIENT shall,to the extent permitted by law,reimburse
modified accordingly, ENGINEER for all reasonable costs of defense pending a final
determination of ENGINEER'S professional liability.If ENGINEER is
13.CONTROLLING AGREEMENT found by a court of competent jurisdiction to have been negligent,
These Terms and Conditions shall take precedence over any inconsistent ENGINEER shall reimburse CLIENT the costs of defense paid by
or contradictory provisions contained in any proposal,purchase order, CLIENT.and shall satisfy any judgment up to ENGINEER's limitation of
requIsithon,notice-to-proceed,or like document.In resolving inconsistent liability insurance coverage limits.
or contradictory provisions between this Agreement and any other
document or understanding.the terms of these Terms and Conditions
shall control. 19.MAINTENANCE OF STRUCTURES AND SYSTEMS
CLIENT agrees that structures and systems studied.reviewed,analyzed
14.EQUAL EMPLOYMENT AND NONDISCRIMINATION or designed by the ENGINEER are dependent upon CLIENT's continued
In connection with the services under this Agreement.ENGINEER agrees operation and maintenance of the project structures and systems in
to comply with the applicable provisions of federal and state Equal accordance with all,permits,laws and regulations that permit the
Employment Opportunity for individuals based on color,religion,sex,or construction and operations of the structure(s)and systems including any
national origin,or disabled veteran,recently separated veteran,other Engineer prepared operations and maintenance plans.Should CLIENT
protected veteran and armed forces service medal veteran status, fall to maintain the structures to be in full compliance permits,approvals,
disabilities under provisions of executive order 11246,and other and operations and maintenance plans,ENGINEER shall have no liability
employmenL statutes and regulations,as stated in Title 41 Part 60 of the to CLIENT,and CLIENT shall to the extent permitted by taw,indemnify.
Code of Federal Regulations§60-1.4(a-f),§60-300.5(a-e),§60-741{a- release and hold ENGINEER and its employees harmless from any
e) liability resulting from any direct or consequential damage resulting from
such non-compliance,including but not limited to claims made by third-
15.CERTIFICATIONS parties against ENGINEER.
The use of the word"certify"or"certification"by a registered professional
engineer in the practice of professional engineering or land surveying 20.VISUAL INSPECTIONS
constitutes an expression of professional opinion regarding those facts or For visual inspections,to the extent permitted by law,CLIENT hereby
findings which are the subject of the certification,and does not constitute releases,holds harmless,indemnifies and agrees to defend ENGINEER
a warranty or guarantee,either expressed or implied.Certification of against any claims,damages,losses,liabilities,expenses or costs arising
analyses Is a statement that the analyses have been performed correctly out of any failure to detect hidden,covered,inaccessible,or Internal
and in accordance with sound engineering practices.Certification of structural or material defects,corrosion,or damages in components,
structural works is a statement that the works are designed in accordance embedment,reinforcing,anchorages and parts of equipment,structures,
with sound engineering practices and client approved design bads_ or mechanisms being inspected,that are not readily discernible by
Certification of"as built"conditions is a statement that the structure(s) external visual inspection through reasonable efforts.
has been built according to specifically identified drawings,specifications
and contract documents to the extent the structure(s)is readily
observable,is in place,and is fully functioning.The definition and legal
effect of any and all certifications shall be limited as stated herein.
16.EXECUTION
This Agreement,including the exhibits and schedules made part hereof,
constitute the entire Agreement between ENGINEER and OWNER EXHIBIT fnA"
Terms S Conditions for Floodplain.Darns 2 of 2 Page 9 of 10
Arid Levee Professional Services
F)1 EXHIBIT C
No. 1-15
SCHEDULE OF RATES
These rates are effective through December 2015
PROFESSIONAL STAFF HOURLY RATE PARA-PROFESSIONAL STAFF HOURLY RATE
Engineer I . S113.50 Administrative Assistant ............ $82.50
Engineer IT S124.00 Drafter .,...$85.00
Engineer.Ill $139.50 Technician I $98.00
Engineer IV $155.00 Technician II $111.00
Engineer V .$170.50 Technician III $124.00
Engineer VI $191.00 Designer Tech IV $137.00
Engineer VII $211.50 EQUIPMENT/IT
Engineer VIII $232.50 GPS RTK Survey Equipment ....250.00/Day
Principal Engineer $253.00 GPS Hand Held(Sub Meter) 135.00/Day
Sr.Principal Engineer $273.50 Tow Vehicle 65.00/day+IRS rate+ 10%
Program Director $294.50 Survey Boat 750.00/Day
Project Biologist/GIS Specialist $134.00 GPS Hydrographic Survey Equip. 250.00/Day
Environmental Biologist $155.00 Acoustic Doppler Velocimeter(ADV)....I,000.00/Wk
Sr.Environmental Biologist .$175.50 Water Level Logger 300,00/Wk
Environmental Manager $196.00 IT Equip/Services 3.70/Hr
EXPENSES
Automobile(other than rental car) IRS rate+ 10%
In house reproduction prevailing commercial rates
Outside consultants cost plus 15%handling
Outside technical servicescost plus 15%handling
All other expenses cost plus 15%handling
I. Charges are due and payable within thirty(30)days of receipt of the invoice. A charge of 1%per month will be added for
late payments.
2. Construction administration staff will be billed at an equivalent grade,depending upon qualifications.
3. Unlisted scientists and other non-engineer professionals will be billed at the rate of a comparable engineer grade.
4. Overtime for para-profs ssional and non-registered survey staff will be billed at 125%of the hourly rate and overtime will
apply for hours worked in excess of 8 hours per day or 40 per week.
S. Time spent preparing for and providing depositions or courtroom testimony will be billed at 150%of the hourly rate.
hdrinc.com
55$N Garantahua
sumo 1600 EXHIBIT "A"
Corpus Christi,TX 70401.0550Page 10 of 10
•
EXHIBIT "B"
MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION
FOR A/E PROFESSIONAL SERVICES/CONSULTANT SERVICES
(Revised October 2010)
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, 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
on all certificates
COMMERCIAL GENERAL LIABILITY $1,000,000 COMBINED SINGLE LIMIT
including:
1. Broad Form
2. Premises -Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT
1. Owned vehicles
2. Hired -Non-owned vehicles
PROFESSIONAL LIABILITY including: $1,000,000 per claim / $2,000,000
Coverage provided shall cover all aggregate
employees, officers, directors and agents (Defense costs not included in face value
1. Errors and Omissions 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
WORKERS' COMPENSATION Which Complies with the Texas Workers
Compensation Act
EMPLOYERS' LIABILITY 500,000/500,000/500,000
EXHIBIT "B"
K:\Engineering DataExchange\ClarissaJ\Public Health&Safety\E12070-Prelim FEMA Bayfront FIRM Assessment'Multiple Project Agreement w HDR k3- Page 1 of 3
Exhibit B-Insurance&Indemn�cation.doc
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 occurrence 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 copies of the
policies, declarations page and all endorsements thereto as they apply to the limits required
by the City, and may require the deletion, revision, or modification of particular policy terms,
conditions, limitations or exclusions (except where policy provisions are established by law or
regulation binding upon either of the parties hereto or the underwriter of any such policies).
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:
i. 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 policies;
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
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.
EXHIBIT "B"
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Exhibit B-Insurance 8 Indemnfiwtion.doc
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.
J. 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
Consultant shall fully indemnify, hold harmless, and defend the City of Corpus Christi and its
officials, officers, agents, employees, volunteers, directors and representatives
("Indemnitee") from and against any and all claims, damages, liabilities or costs, including
reasonable attorney fees and defense costs, caused by or resulting from an act of
negligence, intentional tort, intellectual property infringement, or failure to pay a
subcontractor or supplier committed by Consultant or its agent, consultant under contract or
another entity over which Consultant exercises control while in the exercise of rights or
performance of the duties under this agreement. This Indemnification does not apply to any
liability resulting from the negligent acts or omissions of the City of Corpus Christi or its
employees, to the extent of such negligence.
Consultant must, at City's option, defend Indemnitee and with counsel satisfactory to the City
Attorney.
Consultant must advise City in writing within 24 hours of any claim or demand against City or
Consultant known to Consultant related to or arising out of Consultant's activities under this
Agreement.
EXHIBIT "B"
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Exhibit B-Insurance&Indemnification.doc
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
Basic Services: Contract Amd No. 1 Amd No. 2 Contract invoiced Invoice Invoice Complete
Preliminary Phase $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100%
Design Phase 2,000 1,000 0 3,000 1,000 500 1,500 50%
Bid Phase 500 0 250 750 0 0 0 0%
Construction Phase 2,500 0 1,000 3,500 0 0 0 0%
Subtotal Basic Services $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30%
Additional Services:
Permitting $2,000 $0 $0 $2,000 $500 $0 $500 25%
Warranty Phase 0 1,120 0 1,120 0 0 0 0%
Inspection 0 0 1,627 1,627 0 0 0 0%
Platting Survey TBD TBD TBD TBD TBD TBD TBD 0%
0 & M Manuals TBD TBD TBD TBD TBD TBD TBD 0%
SCADA TBD TBD TBD TBD TBD TBD TBD 0%
Subtotal Additional Services $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11%
Summary of Fees
Basic Services Fees $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30%
Additional Services Fees 2,000 1,120 1,627 4,747 500 0 500 11%
Total of Fees $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23%
•
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SUPPLIER NUMBER
TO BE ASSIGNED BY CFI Y
- PURCHASING DIVISION
City of CITY OF CORPUS CHRISTI
Corpus Chnsti
DISCLOSURE OF INTEREST
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do
business with to rovide the followin information.
See reverse si.e or�Filing Requ�iremenfs,
Certifications and definitions.
COMPANY NAME: HDR Engineering,Inc.
P.O.BOX:
STREET ADDRESS: 555 N.Carancahua,Suite 1600 CITY: Corpus Christi ZIP: 78401
FIRM IS: I. Corporation 2. Partnership 8 3. Sole Owner D
4. Association 5. Other
DISCLOSURE QUESTIONS
additional space is necessary,please use the reverse side of this page or attach separate sheet.
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'
NameN,A Job Title and City Department(if known)
•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 /A Title
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
*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 NQ Consultant
•
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 members of the public in general or a substantial segment thereof, you shall
disclose that fact in a signed writing to the City official, employee or body that has been
requested to act in the matter, unless the interest of the City official 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 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: Arthur B.Colwell,P.E. Title: Vice President
(Type or Print)
arefaallifYidge _#.4.14 de,44.6 d.7./5
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.