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%
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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.