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HomeMy WebLinkAboutC2015-278 - 9/24/2015 - NA • CONTRACT FOR PROFESSIONAL SERVICES AGREEMENT 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 Alan Plummer Associates, Inc., a Missouri corporation, acting through its duly authorized representative who is Rex Hunt, P.E. (ENGINEER), which agree as follows: 1. DECLARATIONS."CITY"desires to engage"ENGINEER"to provide services in connection with City's project, described as follows: Municipal Storm Sewer MS4 Permit Renewal (Project No. E15164) "Project". 2. SCOPE OF WORK. "ENGINEER"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"ENGINEER"for services provided in accordance with Exhibit"A", Scope of Services, and Fee under this AGREEMENT, a total fee not to exceed$42,800.00(in figures), (Forty Two Thousand Eight Hundred Dollars and Zero Cents) (in words). Monthly invoices will be submitted in accordance with Exhibit"C". 4. INDEMNIFICATION AND HOLD HARMLESS.The"ENGINEER"agrees to indemnify,save harmless and defend the "CITY", and it's agents, servants, and employees as more fully set forth in "Exhibit B". CITY OF CORPUS CHRISTI A SSOCIATES, INC. �1r c 4 5 Ron L. Ison . (Date) Rex Hunt P. E. (Date) City Manager Principal 6300 La Calma Drive, Suite 400 Austi Texas 78752 RECOMME D: (5 ) 4 .2-5905 era ing Department (Date) Gusta • Gonzalez, 6- (Date) Assista t City Manag r APPROVED AS TO LEGAL FORM for Public Werk. and Utilities ai alb 110 '1/7 L al Department '� (Date) rie H ray, P. E. (Date ) -cutive • ect•r of Public Works APP/'•VE• Project No. E15164 .Kr I ll l`c Accounting Unit: 4300-32005-043 530000 Office o Management (D-te) Activ Activitty:y: E151645164014300EXP "A"ev` Account Category: 30000 2015-278 g rY 9/24/15 Fund Name: Storm Water Operating Encumbrance No. Alan Plummer Associates Inc. INDEXED A WATER\E15164 MUNICIPAL STORM SEWER MS4 PERMIT RENEWAL\CONTRACT FOR PROFESSIONAL SERVICES.DOC CITY OF CORPUS CHRISTI MUNICIPAL SEPARATE STORM SEWER SYSTEM PHASE I MS4 PERMIT RENEWAL PROJECT/ANNUAL REPORT EXHIBIT A The City of Corpus Christi (City) operates a municipal separate storm sewer system (MS4) for its jurisdiction under a Texas Pollutant Discharge Elimination System permit, or MS4 permit no. WQ0004200000, issued by the Texas Commission on Environmental Quality(TCEQ). The City is currently in the process of renewing the permit with the TCEQ. This scope of services addresses continued support for the renewal process by Alan Plummer Associates, Inc., (ENGINEER). Previously, the ENGINEER has assisted the City with renewal of the permit under a contract with Lloyd Gosselink Rochelle &Townsend, P.C. At the request of the City, the ENGINEER has prepared this scope for a direct contract with the City. The scope includes services for assisting with completing the renewal of the permit and for peer review of the stormwater program Annual Report, which was recently prepared by City staff. The TCEQ is currently considering the most recent comments submitted on the draft permit. While there appears to be significant agreement on most issues, language regarding TMDLs and water impairments continue to be potential obstacles to finalizing the permit. In addition,the regional office of the U.S. Environmental Protection Agency (EPA) will have an opportunity to comment on the draft permit,and may well have its own response and request for additional language. BASIC SERVICES The following scope of BASIC SERVICES describes activities associated with completing work associated with obtaining the renewal of the permit, as well as assisting the City with preparing the Annual Report. Activity 1: Complete Support for Permit Renewal This activity includes working through the City to provide technical support in responding to comments of the TCEQ and EPA regarding the draft MS4 permit. In addition, if requested to do so by the City, this activity may include providing technical or regulatory support to address other water quality issues associated with stormwater and the renewal of the permit, including Total Maximum Daily Load (TMDL) issues in the City. The draft permit is now under review by the EPA, and it is not possible to know what comments the EPA may have regarding the permit. Therefore, this scope covers what the City believes to be a reasonable level of effort to complete the process. If unanticipated assistance is needed that exceeds the scope of this amendment, the ENGINEER will provide a scope and budget for additional services. Activity 2: Peer Review of the Annual Report The City has requested ENGINEER's assistance with peer review of the MS4 permit 2014 Annual Report that is due in the first quarter of 2015. Compilation of the report will be substantially completed by the City. The ENGINEER will assist the City by providing review and comment on the draft Annual Report. The ENGINEER will work with the City's consulting attorney as necessary to provide comments but may A-1 C:\Work\WasteWater\Alum Plumber Projects\Amendment2_ServicesScope_MS4_PERMIT.docx EXHIBIT"A" Page 1 of 4 also work directly with City staff. Comments may be both written and verbal in nature. The ENGINEER will obtain additional assistance with review from LNV Engineers (LNV) in Corpus Christi. LNV will be under subcontract to the ENGINEER for this task. BASIC SERVICES BUDGET The anticipated budget is as follows: Activity 1 $36,000.00 Activity 2 $ 6,800.00 Project Total $42,800.00 This project will be invoiced on a time-and-materials basis. Invoices will be submitted to the City on a monthly basis for work that has been performed during that month. The total compensation for BASIC SERVICES will not exceed the above stated total budget using the ENGINEER's schedule of fees for the project, as provided in EXHIBIT B. If ADDITIONAL SERVICES are requested (see below),this contract will be amended to cover such services. BASIC SERVICES SCHEDULE Activity 1 is the continuation of a project that has been underway since 2012. Because this is a project that requires working with the TCEQ and other regulators, it is not known when the permit might be finalized. At this time, it should be anticipated that the project will require at least seven months to complete. Activity 2 consisted of peer review of the 2014 Annual Report and was completed during February 2015. This activity should be considered complete at this time. ADDITIONAL SERVICES ADDITIONAL SERVICES include those services that are not currently anticipated to be needed, but which could become necessary for reasons beyond the control of the City or the ENGINEER. In regulatory processes such as the MS4 permit renewal, ADDITIONAL SERVICES are often a result of extended schedules or of additional requirements associated with state or federal regulatory agencies. ADDITIONAL SERVICES include, but are not limited to,the following: • Additional requests for information or technical data by the Environmental Protection Agency (EPA). Such requests are possible because the EPA has not yet reviewed the draft permit; but will eventually be provided the opportunity to review it by the TCEQ. • Direct negotiations with the EPA regarding permit provisions that may be proposed by the agency. A-2 C:\Work\WasteWater\Alum Plumber Projects\Amendment2_ServicesScope_MS4_PERMIT.docx EXHIBIT"A" Page 2 of 4 • Meetings with the City or the City's attorney regarding additional requirements of the EPA; or regarding the impact of the new MS4 permit on other regulatory matters for the City. A budget for ADDITIONAL SERVICES is not established at this time. The ENGINEER will only perform ADDITIONAL SERVICES at the request of the City. If ADDITIONAL SERVICES are requested, the ENGINEER will prepare a detailed scope for such services for the approval of the City. The budget for ADDITIONAL SERVICES will be based on the schedule of fees associated with the original contract for these services. A-3 C:\Work\WasteWater\Alum Plumber Projects\Amendment2_ServicesScope_MS4_PERMIT.docx EXHIBIT"A" Page 3 of 4 EXHIBIT B ALAN PLUMMER ASSOCIATES,INC. HOURLY FEE SCHEDULE 2015 Staff Description Staff Code 2015 Rate Admin Staff A1-A3 $ 75.00 Senior Admin Staff A4 $ 102.00 Designer/Technician C1-C2 $ 90.00 Senior Designer/Technician C3-C4 $ 115.00 Engineer-in-Training/Scientist-in-Training ES1-ES3 $ 115.00 Project Engineer/Scientist ES4 $ 135.00 Senior Project Engineer/Scientist ES5 $ 150.00 Project Manager ES6 $ 175.00 Senior Project Manager ES7 $218.00 Electrical Engineer EE1 $ 140.00 Senior Electrical Engineer EE2 $240.00 Structural Engineer SE1 $ 140.00 Senior Structural Engineer SE2 $ 210.00 Principal ES8-E59 $260.00 Billing rates may be adjusted by up to 4 percent annually(at the beginning of each calendar year)during the term of this agreement. A multiplier of 1.15 will be applied to all direct expenses B-1 EXHIBIT"A" Page 4 of 4 EXHIBIT B 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" Page 1 of 1 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% O & 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% a) _ 0 Ca -a = °, 8 alSUPPLIER NUMBER TO BE ASSIGNED BY CI 1 Y PURCHASING DIVISION CITY OF CORPUS CHRISTI Corpuuss City DISCLOSURE OF INTEREST Christi 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. Everyquestion must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Alan Plummer Associates,Inc. P.O.BOX: N/A STREET ADDRESS: 6300 La Calm Drive, CITY: Austin ZIP: 78752 Suite 400 FIRM IS: I. Corporation ❑ 2. Partnership 3. Sole Owner ❑ 4. Association 5. Other _ DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the Cityof 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) IV,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 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 A)A 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 NA • 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: Rex Hunt,P.E. Title: Principal (Type or Print) 1 1 Signature of Certifying t \ 1 Date: 2121 1.5-- Person: / �► v 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.