HomeMy WebLinkAboutC2016-092 - 2/23/2016 - 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 SCS Engineers, a Texas
corporation, 6006 East Ben White Boulevard, Suite 200, Austin, Texas 78741,
(Consultant), hereby agree as follows:
1. SCOPE OF PROJECT
Bimonthly Gas Collection and Control System Operations, Monitoring, and
Maintenance Assistance Services for 2016 at J.C. Elliot Landfill (Project No. El 5235)
This project is for ongoing assistance with the operations, monitoring, and maintenance of
the gas collection and control system at the J.C. Elliott Landfill on a bi-monthly basis for
twelve months.
2. SCOPE OF SERVICES
The Consultant hereby agrees to perform services to complete the Project, as detailed in
Exhibit"A". In addition, Consultant will provide monthly status updates(project progress
or delays 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 Consultant (provide breakdown of costs, schedules), and
written authorization is provided by the Director of Engineering Services.
3. ORDER OF SERVICES
The Consultant 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
Consultant 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 Consultant 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. Consultant 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 Consultant a fee as described in Exhibit "A" for providing services
- not to exceed $19,200.00. Monthly invoices will be submitted in
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The City's Project Manager from the Operating Department is responsible for assigning
tasks to the Consultant and approving their daily/weekly/monthly hours. The Consultant is
required to submit a detailed and approved hourly breakdown with their monthly invoice
paperwork to the City for payment.
5. INDEMNITY
Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its
officials, officers, agents, employees, or other entity, excluding the engineer or
architect or that person's agent, employee or subconsultant, over which the City
exercises control ("Indemnitee") from and against any and all claims, damages,
liabilities or costs, including reasonable attorney fees and court 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 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 or its
employees, to the extent of such negligence.
Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney,
from and against any and all claims, damages, liabilities or costs, including
reasonable attorney fees and court costs, if the claim is not based wholly or partly
on the negligence of, fault of or breach of contract by Indemnitee. If a claim is
based wholly or partly on the negligence of, fault of or breach of contract by
Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in
proportion to the Consultant's liability.
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.
6. INSURANCE
6.1 Consultant must not commence work under this agreement until all required
insurance has been obtained and such insurance has been approved by the City.
Consultant must not allow any subcontractor to commence work until all similar insurance
required of any subcontractor has been obtained.
6.2 Consultant 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.
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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 shall be outside policy
limits)
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, Consultant must
furnish the City with copies of all reports of any accidents within 10 days of the accident.
6.4 Applicable for paid employees, Consultant 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 Consultant will be promptly met. An All
States Endorsement shall be required if Consultant is not domiciled in the State of Texas.
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6.5 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. Consultant is
required to provide City with renewal Certificates.
6.6 Consultant 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.
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: Engineering Services
P.O. Box 9277
Corpus Christi, TX 78469-9277
6.7 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:
6.7.1 List the City and its officers, officials, employees 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 and professional
liability/Errors & Omissions 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, 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.
6.9 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 remove the exhibit
hereunder, and/or withhold any payment(s) if any, which become due to Consultant
hereunder until Consultant demonstrates compliance with the requirements hereof.
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6.10 Nothing herein contained shall be construed as limiting in any way the extent to
which Consultant may be held responsible for payments of damages to persons or property
resulting from Consultant's or its subcontractor's performance of the work covered under
this agreement.
6.11 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 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.
7. TERMINATION OF CONTRACT
The City may, at any time, with or without cause, terminate this contract upon seven days
written notice to the Consultant at the address of record. In this event, the Consultant will
be compensated for its services on all stages authorized based upon Consultant 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 Consultant 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 Consultant staff. If the Consultant 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
Consultant fee may be assigned in advance of receipt by the Consultant 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 Consultant without the express written consent of the Director of
Engineering Services. However, the Consultant 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.
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11.STANDARD OF CARE
Services provided by Consultant 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.
12.DISCLOSURE OF INTEREST
Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and
complete the Disclosure of Interests form as part of this contract.
13.CERTIFICATE OF INTERESTED PARTIES
Consultant agrees to comply with Texas Government Code section 2252.908 and complete
Form 1295 Certificate of Interested Parties as part of this contract, if required. For more
information, please review the information on the Texas Ethics Commission website at
https://www.ethics.state.tx.us.
14.CONFLICT OF INTEREST
Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and
file Form CIQ with the City Secretary's Office, if required. 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.
15.ENTIRE AGREEMENT AND CONTROLLING LAW
This Agreement represents the entire and integrated Agreement between City and
Consultant 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 Consultant. 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.
16.CONFLICT RESOLUTION BETWEEN DOCUMENTS
Consultant hereby agrees and acknowledges if anything contained in the Consultant-
prepared Exhibit A, Consultant's Scope of Services, or contained in any other document
prepared by Consultant and included herein, is in conflict with this Agreement, this
Agreement shall take precedence and control to resolve said conflict.
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CIT CHRISTI SCS INFERS
kW( �
V.� ie H. G :y, P E. 'r [(n Date Ron Wilks Date
Ex- utive Directo of Publi Works Vice President
6006 East Ben White Boulevard, Suite 200
Austin, Texas 78741
RE MENDED (512) 440-1888 Office
(512) 440-8393 Fax
4r
..erating Departent Date
APPROVED AS TO LEGAL FORM
0,0ivw (bier-0 —lzt-te) -4014,
Legal Department Date
APPROVED /
74Al
C44)-- ;10((e,b )
Office'of Management Date
and Budget
Project Number E15235
Accounting Unit 1020-12530-033
Account 530000
Activity E 15235011020EXP
Account Category 30000
Fund Name Solid Waste Operating
Contract for Professional Services
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Environmental Contractors 6006 East Ben White Blvd. (512)440-1888
Suite 200 (512)440-8393 fax
Austin,TX 78741 www.scsfieldservices.com
SCS FIELD SERVICES
January 5, 2016
File No. 07213064.00
Mr. Tony Benavides
Landfill Manager
City of Corpus Christi
P. O. Box 9277
Corpus Christi, Texas 78469-9277
Subject: J. C. Elliott Landfill—Corpus Christi, Texas
Proposal for Bimonthly GCCS OM&M Assistance Services from January through
December 2016
Dear Mr. Benavides:
SCS Field Services (SCS-FS) is pleased to submit this proposal to the City of Corpus Christi
(City)to provide ongoing assistance with the operations, monitoring, and maintenance (OM&M)
of the gas collection and control system (GCCS) at the J. C. Elliott Landfill (Site)from January
through December 2016. Proposal details related to scope, schedule, assumptions, and costs are
provided below.
SCOPE OF SERVICES
An SCS-FS project superintendent or senior technician will provide OM&M services at the Site,
typically every other month,to support operation of the GCCS by City personnel. These
services may include both routine and non-routine OM&M services that can be accomplished
with City personnel during the site visit by SCS-FS personnel. Such services may include the
following:
• Observation of and assistance with landfill gas(LFG) extraction well tuning.
• Observation of and assistance with blower/flare station (BFS)monitoring.
• Observation of and assistance with condensate sump monitoring.
• Assistance with troubleshooting of GCCS operational problems.
• Routine maintenance services for GCCS.
• Non-routine repair services for GCCS.
• Assistance with downloading and review of collected monitoring data.
SCS-FS will also assist the City with management of data collected during monitoring of the
GCCS each month. As part of this data management, monitoring data will be uploaded after
collection to SCS eTools, a secure Web-based data management system, by SCS-FS personnel.
Both data collected by SCS-FS personnel and by City personnel (if such data is provided to SCS-
FS)will be uploaded. Data on SCSeTools will be accessible at any time via the Internet to SCS-
EXHIBIT "A"
Page 1 of 3
Mr. Tony Benavides, Landfill Manager
January 5, 2016
Page 2
FS personnel and City personnel authorized to access it. SCS-FS personnel will evaluate the
data after uploading for items of concern and, if noted, will bring such items to the attention of
City personnel. A summary of monthly wellfield monitoring data as downloaded from
SCSeTools will be provided to the City.
SCHEDULE
SCS-FS is prepared to commence the scope of services described in this proposal beginning
during January 2016. Because services are expected to be provided bimonthly (i.e.,every other
month), it is anticipated that services may be provided throughout most of 2016. Should the
City, however,request visits in consecutive months,then the duration of the project will be
shortened since only six site visits are accounted for in the scope. Site visits will be scheduled in'
advance with City personnel.
ASSUMPTIONS AND CONDITIONS
With regard to services performed in accordance with this proposal scope, SCS-FS offers the
following assumptions and conditions:
1. The indicated services will be provided by a project superintendent or senior technician
experienced in GCCS operations.
2. SCS-FS personnel will be onsite for approximately one and one-half days(i.e., 12 hours
total)every other month. The primary service expected to be provided is wellfield
tuning; however, additional services as indicated above will be performed as time allows.
3. SCS-FS takes no responsibility for the overall quality of the LFG collected from the LFG
collection system with regard to trace components.
4. SCS-FS takes no legal responsibility for any of the potential hazards associated with the
LFG condensate and/or disposal of LFG condensate from the GCCS.
5. This proposal is valid for 60 days from the date of this submittal. This proposal is
confidential and for the City's use only. If awarded the work, this proposal will become
part of a mutually acceptable contract or purchase order.
COST ESTIMATE
Services will be provided on a fixed fee basis for$3200 per visit. Based on six site visits,the
total cost for the service term (i.e.,January through December 2016)will be $19,200. This cost
covers labor,project administration and management, data management, equipment,travel,
lodging, and per diem assumed necessary for the anticipated services. The estimate does not
include costs for materials for system maintenance or repair work, except for incidental supplies. .
If additional services are needed beyond the scope of this proposal,then they will be provided in
accordance with the attached fee schedules and only with prior approval from the City. If you
EXHIBIT "A"
Page 2 of 3
•
Mr. Tony Benavides, Landfill Manager
January 5, 2016
Page 3
find this proposal acceptable,then you may indicate your approval by issuance of a purchase
order number and/or by signing below and returning a copy of this proposal to SCS-FS.
CLOSING
SCS-FS appreciates the opportunity to provide this proposal to the City. If you have any
questions or comments,please contact Rusty Fusilier at telephone number(512) 750-5446.
Sincerely,
ifftmerity ff:/aitA,
Rusty Fusilier, P.E. Ron Wilks
Project Manager Vice President
SCS FIELD SERVICES SCS FIELD SERVICES
RW/RF:rf
Enclosures
cc w/enclosures: Lawrence Mikolajczyk, City of Corpus Christi
Brian Bresler, COCC/Freese and Nichols
David Mezzacappa, SCS Engineers
Julie Becker, SCS-FS
Rebecca Graff, SCS-FS
Joe Ortiz, SCS-FS
APPROVAL
City of Corpus Christi
By:
Authorized Representative
Name/Title (printed)
Date:
EXHIBIT "A"
Page 3 of 3
EXHIBIT B
SAMPLE PAYMENT REQUEST FORM
Sample form for
COMPLETE PROJECT NAME Payment Request
aevisea 07m/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 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