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HomeMy WebLinkAboutC2015-496 - 12/7/2015 - NA • 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 Engineering Services)and HDR Engineering, Inc., a Texas corporation, 4401 West Gate Boulevard, Suite 400, Austin, Texas 78745, (Architect/Engineer-NE), hereby agree as follows: 1. SCOPE OF PROJECT Texas Water Development Board Grant Application (Project No. E15212) - This authorizes HDR Engineering, Inc. to prepare the grant application for aquifer storage and recovery demonstration and feasibility. The Texas Water Development Board published a Request for Applications for Demonstration Projects for Alternative Water Supplies. The grant offers up to $1,000,000 for demonstration projects or feasibility studies to prove up aquifer storage and recovery projects. 2. SCOPE OF SERVICES The NE hereby agrees to perform design services necessary to review and prepare plans, specifiEations, 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. 3. ORDER OF SERVICES The A/E 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 A/E to undertake additional services or ._,_ .�_. ~- "ncrease in fee is required. Services or tasks requiring an increase 2015-496 creed and evidenced in writing as an amendment to this contract. 12/07/15 Contract for Professional Services Page 1 of 7 HDREngineering Inc. .,,L.,,,,.,,,.,..C.,r.,,c,cn, ,,, r1/t.,T,,, ,,..r,,,.,,.,..,rr3.,.r INDEXED NE shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. FEE The City will pay the NE a fee as described in Exhibit "A" for providing services authorized, a total fee not to exceed $8,000.00. Monthly invoices will be submitted in accordance with Exhibit "B". 5. INDEMNITY NE shall fully indemnify and hold harmless 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, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by NE or its agent, NE under contract or another entity over which NE 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 or its employees, to the extent of such negligence. If the liability results solely from the negligent acts or omissions of the NE, the NE shall also defend the Indemnitee with counsel satisfactory to the City Attorney. If a claim is based wholly or partly on the negligence of,fault of or breach of contract by the City, the NE shall reimburse the City's reasonable attorney's fees in proportion to the NE's liability. NE must advise City in writing within 24 hours of any claim or demand against City or NE known to NE related to or arising out of NE's activities under this Agreement. 6. INSURANCE 6.1 NE must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. NE must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 NE must furnish to the Director of Engineering Services with the signed agreement 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s)acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. Contract for Professional Services Page 2 of 7 y • TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) $2,000,000 Aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. WORKERS' COMPENSATION Statutory (All States Endorsement if Company is not domiciled in Texas) Employer's Liability $500,000 /$500,000 /$500,000 6.3 In the event of accidents of any kind related to this agreement, NE must furnish the City with copies of all reports of any accidents within 10 days of the accident. 6.4 Applicable for paid employees, NE must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the NE will be promptly met. An All States Endorsement shall be required if NE is not domiciled in the State of Texas. Contract for Professional Services Page 3of7 • ti • '• 6.5 NE shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at A/E'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. NE is required to provide City with renewal Certificates. 6.6 NE shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. NE 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: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 6.7 NE agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 6.7.1 List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers'compensation policy; 6.7.2 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; 6.7.3 Workers'compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 6.7.4 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. 6.8 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, NE shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend NE'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. 6.9 In addition to any other remedies the City may have upon NE'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 NE to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to NE hereunder until NE demonstrates compliance with the requirements hereof. Contract for Professional Services Page 4 of 7 6.10 Nothing herein contained shall be construed as limiting in any way the extent to which NE may be held responsible for payments of damages to persons or property resulting from NE's or its subcontractor's performance of the work covered under this agreement. 6.11 It is agreed that NE'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 agreement. 6.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 6.13 Contracts Less than $50,000 - Insurance not required; however, if contract is amended to exceed $50,000, the above insurance requirements must be met. 7. 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. 8. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. 9. 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. 10.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. Contract for Professional Services Page 5 of 7 11 . DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. 12.STANDARD OF CARE Services provided by A/E under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.CONFLICT OF INTEREST A/E agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index. 14.ENTIRE AGREEMENT AND CONTROLLING LAW This Agreement represents the entire and integrated Agreement between City and A/E and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and A/E. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 15. CONFLICT RESOLUTION BETWEEN DOCUMENTS A/E hereby agrees and acknowledges if anything contained in the NE-prepared Exhibit A, A/E's Scope of Services, or contained in any other document prepared by A/E and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. CIT `•F b0 P i S 'ISTI HDR ENGINEERING, INC. 1 . ./ ni41 2 .-7 )J V ie H. Gr. , P.E. Date "„eref0- "rat P.3' Date Executive Dire or o Public orks ��� e i• Vic- - '-: dent 401 West C .te Boulevard, Suite 400 Austin, TX 78745 RECOMMEND D (512) 912-5100 Office ay i 5 (512) 912-5158 Fax Operating Department Date Contract for Professional Services Page 6 of 7 APPROVED AS TO LEGAL FORM Z /I-25 f5 egal Department / Date APPR fifit4477-\E�D Office of Management and Budget Project Number E15212 04, Accounting Unit 4010-072 - 07,3Q Account 530000 Activity E15212014010EXP Account Category 30000 Fund Name Water Operating AW yo,,,t*3520& ciA, -1,6*2.Lftoteq Contract for Professional Services Page 7 of 7 • Exhibit A Page 1 of 4 October 22, 2015 Mr. Daniel Deng, P.E., Major Projects Engineer City of Corpus Christi Department of Capital Programs P.O. Box 9277 Corpus Christi, TX 78469-9277 Re: CCASRCD- Preparation of Grant Application to the TWDB Dear Mr. Deng: Please accept this letter as HDR Engineering's (HDR) proposal to prepare a grant application for ASR demonstration and feasibility study on behalf of the applicant, the Corpus Christi Aquifer Storage and Recovery Conservation District (CCASRCD). This is a time and materials service contract, not to exceed $8,000. The application will be prepared and provided to Corpus Christi staff for review and comment prior to submittal on November 3, 2015. The grant application will present preliminary information from the ongoing CCASRCD aquifer characterization study to provide context for the requested funding assistance for the next phase of study. Background: On October 9, 2015, the Texas Water Development Board (TWDB) published in the Texas Register a Request for Applications for Demonstration Projects for Alternative Water Supplies. The grant, appropriated by the 84th Texas Legislature, allocates up to $1,000,000 through the TWDB General Revenue Fund for demonstration projects or feasibility studies to prove up aquifer storage and recovery projects. Grants will be awarded through a competitive process, requires matching funds, and can only be awarded to groundwater conservation districts. The grant application is due on November 3, 2015. The grant application guidelines are included in Attachment A and will serve as the basis for developing the grant application response. Scope of Services: Grant Application. HDR will assist City staff in preparing the grant application for submittal to the TWDB by November 3, 2015. Primary scope of work tasks for inclusion in the grant application include: exploratory testing, geochemical analysis, and modeling. All of these tasks directly support the CCASRCD's five-year plan as well as meet TWDB funding criteria associated with the grant. EXHIBIT "A" Page 1 of 4 . • Exhibit A Page 2 of 4 Schedule: 1. Submittal Due November 3, 2015 Fees: A. Fees for A/E services include: • Preparation of grant application for submittal to TWDB. • Printing and delivery of six (6) double sided, double spaced copies and one digital copy (CD) of the application to TWDB on behalf of the CCASRCD. B. City of Corpus Christi Shall Supply the Following: • General information for application. • Qualifications and experience of CCASRCD project staff related to the proposed project (no more than two pages in length per person) C. Summary of NE Fees 1. Grant Application Time and Materials, Not to exceed $8000 Upon approval and signature below, HDR and its teaming partners will work with CCASRCD and City staff to prepare and submit the grant application for TWDB consideration by the November 3rd deadline. We look forward to continuing to work with the CCASRCD to develop an understanding of ASR opportunities and approach for integrating with the City's long-term regional water supply plan. Sincerely, Kristi Shaw Professional Associate, Project Manager Representative of CCASRCD Date EXHIBIT "A" Page 2 of 4 • Exhibit A • Page 3 of 4 Attachment A TWDB Grant Application Guidelines (from TWDB website at http:l/www.twdb.texas.gov/about/contract_admin/request/rfa_O1.asp) EXHIBIT "A" Page 3 of 4 Exhibit A Page 4 of 4 Texas Water Development Board Guidelines for Request for Applications- Demonstrations Projects for Alternative Water Supplies (ASR) I. GENERAL INFORMATION 1. Legal name of applicant(s). 2. Legal name of each participant. 3. Applicant's Official Representative, Name, Title, Mailing Address, Phone Number, Fax Number, if available, e-mail Address, and Vendor ID Number. 4. Is the application in response to a Request for Applications in the Texas Register? Yes No 5. If yes to number 4 above, list document's number and date of publication of the Texas Register. 6. A brief description of the research proposal (not to exceed 1 page). 7. A list of potential users and their possible involvement with the research. 8. Are you an individual member of the Texas Water Development Board, a Board staff member, or a member of their immediate families? Yes No 9. Please include a completed Historically Underutilized Business Subcontracting Plan. The HUB Subcontracting Plan forms are available. II. RESEARCH PROJECT INFORMATION • Explanation of why this project is needed (not to exceed 1 page). • A detailed scope of work describing each task, a percent of effort per each task, a time schedule for each task, and the amount of time each team member will spend on the project (not to exceed 10 pages using Times Roman 12 font). • A description of project-monitoring procedures. • Qualifications and experience of project staff that are directly related to this project only and that are no more than two pages in length per person. • A list of products (reports, plans, or other products) that the Board will receive as a result of this project. III. WRITTEN ASSURANCE Written assurance of the following item: • Proposed water research does not duplicate previously completed or ongoing research. EXHIBIT "A" Page 4 of 4 t, 1 EXHIBIT B SAMPLE PAYMENT REQUEST FORM Sample form for: Payment Request COMPLETE PROJECT NAME 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 8 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% Contract for Professional Services Exhibit B . • • SUPPLIER NUMBER TO BE ASSIGNED BY crry PURCHASING DIVISION CITY OF CORPUS CHRISTI CGxpus 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: HDR Engineering,Inc. P.O.BOX: STREET ADDRESS: 4401 West Gate Blvd.,Suite 400 CITY: Austin ZIP: 78745 FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner El4. Association I 5. Other 8 DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm.' Name Afi* Job Title and City Department(if known) 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." NameN/14' 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 /OrBoard,Commission or Committee 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 N// 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: Kelly J.Kaatz,P.E. Title: Senior Vice President (Type or Prot) Signature of Certifying Date: �t/ZO�/s 110 Person: � �!� ffr DEFINI IONS 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.