HomeMy WebLinkAboutC2016-337 - 6/30/2016 - NA CITY OF CORPUS CHRISTI
PRELIMINARY DESIGN CONTRACT
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
Virginia corporation, 1901 Central Drive, Suite 550, Bedford, Dallas County,Texas 76021,
(Consultant), hereby agree as follows:
1. SCOPE OF PROJECT
Cefe Valenzuela Landfill Gas Collection and Control System (Proiect No. E15201)
— To provide preliminary design as required by EPA/TCEQ greenhouse gas emissions
regulations, which require the system to be constructed and operational by November
2017.
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
authorized, a total fee not to exceed $30,000.00. Monthly invoices will be submitted in
accordance with Exhibit"B".
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6/30/16 OLID WASTEEE15201 GCCS DESIGN PLAN AND PRELIMINARY SCAMPRELIMINARY OESIGMt80311 AE
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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
Consultant agrees to comply with the insurance requirements in Exhibit C.
7. TERMINATION OF CONTRACT
The City may terminate this contract for convenience upon seven days written notice to the
Consultant at the address of record. The City may terminate this agreement for cause
upon ten days written notice to the Consultant. If Consultant begins, within three days of
receipt of such notice, to correct its failure and proceeds to diligently cure such failure
within the ten days, the agreement will not terminate.
In the event of termination, 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.
Contract for Professional Services
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K:IENGINEERING OATAEXCHANGE ANGIEMISOLIO WASTEIE15201 GCCS DESIGN PLAN AND PRELIMINARY 8CAMPRELIMINARY OESIGM E0311 AE
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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, inspection reports 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.
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
For contracts that exceed $50,000, Consultant agrees to comply with Texas Government
Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of
this agreement.
Form 1295 requires disclosure of"interested parties"with respect to entities that enter
contracts with cities. These interested parties include:
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KAENGINEERWG DATAEXCHANGEIANGIEMISOLID WASTEEE1S201 GCCS DESIGN PIAN AND PRELIMINARY 8CAMPRELIdINARY DESIGN116031I AE
AGREEMENT.DOC
(1) persons with a "controlling interest" in the entity, which includes:
a. an ownership interest or participating interest in a business entity by virtue
of units, percentage, shares, stock or otherwise that exceeds 10 percent;
b. membership on the board of directors or other governing body of a
business entity of which the board or other governing body is composed
of not more than 10 members; or
c. service as an officer of a business entity that has four or fewer officers, or
service as one of the four officers most highly compensated by a business
entity that has more than four officers.
(2) a person who actively participates in facilitating a contract or negotiating the terms
of a contract with a governmental entity or state agency, including a broker,
intermediary, adviser or attorney for the business entity.
Form 1295 must be electronically filed with the Texas Ethics Commission at
https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be
printed, signed, notarized and filed with the City. For more information, please review the
Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html.
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 010, 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.
Contract for Professional Services
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K\ENGINEERING DATAEXCHANGE1ANGIEMISOLID WASTE1E15201 GCCS DESIGN PLAN AND PRELIMINARY SCANIPRELIMINARY DESIGN1160311 AE
AGREEMENT DOC
CITY OF CORPUS CHRISTI S GINEERS
I1 �- �• 2/ V� 'r � '- 5/075 6
Van leck D to David e acappa, P.E. Date
Assistant City Manager Vice President
1901 Central, Suite 550
Bedford, Texas 76021
, ��2,� /r_ (817) 571-2188 Office
rie H. G • , P. , Z �(�ate tv
Executive Director of •ublibWorks
APPROVED AS TO LEGAL FORM
5/27/16
Legal Department Date
Project No. E15201
Accounting Unit: 1020-12506-033
Account: 530000
Activity: E15201011020EXP
Account Category' 30000
Fund Name: Solid Waste
Encumbrance No.
Contract for Professional Services
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KIENGINEERING DATAEXCHANGEIANGIEMISOLID WASTEIE15201 GCCS DESIGN PLAN AND PRELIMINARY SCAMPRELIMINARY DESIGM160311 AE
AGREEMENT DCC
Solid Waste Management Consultants 1901 Central Drive 817 571-2288
and Contractors Suite 550 FAX 817 571-2188
Bedford. Texas 76021- 5872 www.scsengineers.com
SCS ENGINEERS
May 8, 2016
SCS Proposal No. 160156215
Mr. Ivan Luna (sent via email)
Assistant Solid Waste Director
City of Corpus Christi
2525 Hygeia
Corpus Christi TX 78415
Subject: Cefe Valenzuela Landfill - Project No. E15201
GCCS Preliminary Design Services
Corpus Christi, Texas
Dear Ivan:
SCS Engineers is pleased to present this proposal to the City of Corpus Christi to add an additional
task onto the existing Project E15201 for the Cefe Valenzuela Landfill. These tasks will support the
continued compliance with New Source Performance Standard Requirements for the landfill. The
additional services provided for this task is as follows:
SCOPE OF WORK
Task 3— Preliminary GCCS Design
This task includes the preparation of the 30 percent and 60 percent design submittals required
during the project.
This initial GCCS design will conform to the GCCS Design Plan currently being finalized. The
GCCS Design, while it will be designed with the current recirculation approvals being considered,
will not be designed to also serve as a liquids injection/enhanced leachate recirculation system of
any sort(which would likely increase the cost and slow the review and approval process).
The services provided in this task for the 30 and 60 percent design submittals will be prepared
consistent with the most recent version of the City's Design Submittal Checklist. SCS will prepare
a draft and final 30 percent submittal (i.e., following comments) that will include the Engineering
Letter Report and associated checklist. This submittal will essentially be a design basis
memorandum which will confirm the design elements to be incorporated into the overall design.
The final 30 percent submittal will also include comment responses to the draft 30 percent
submittal. Also, the services provided in this task will include the various applicable submittals
required for the 30 and 60 percent design submittals, including but not limited to, the Project Status
Summary, Drawing Review Checklist, Project Checklist, and Engineering Opinion of Probable
Construction Cost(OPCC).
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EXHIBIT "A"
Page 1 of 3
•
Mr. Ivan Luna
May 8, 2016
Page 2
The construction plans required for the project will be initiated under the 60 percent design
submittal prepared in this task. The construction plans will be comprehensive for successful
construction of the project. At a minimum, the following plan sheets will be provided in the
construction plan set:
• Cover Sheet;
• General Notes;
• Site Layout Plan;
• GCCS Layout Plan;
• Header Plan/Profiles (if necessary for areas outside of waste);
• Pipe, Fitting, and Valve Details (up to two sheets);
• Condensate Management Details (up to two sheets);
• Blower/Flare Facility Layout Plan; and
• Blower/Flare Facility Details (up to two sheets, including foundation, anchoring, and
fencing details).
Furthermore, SCS will perform the necessary quantity take-offs for bid items to be included in the
Contractor's scope-of-work for the initial GCCS construction project. These quantities will be used
to provide the City with an OPCC prior to bidding, which will be supported by the quantity
calculations and/or estimates for each bid item. SCS will provide an OPCC for the draft 30 percent,
final 30 percent, and 60 percent design submittals.
Finally, this task include attendance at meetings required for the engineering review of the 30 and
60 percent design submittals by the Design Engineer. During each meeting the Design Engineer
will present an overall summary of the project status and design specifics associated with each of
the respective design submittals. Our fee estimate for this task includes labor and travel expenses
for the Design Engineer to attend these two meetings.
FEE AND SCHEDULE
SCS proposes to provide the proposed services for a lump sum fee as follows (added to the original
two tasks from SCS' proposal dated September 9, 2015):
Table 1 - Proposed Fees
Task Description Fee
3 Preliminary GCCS Desi•n $30,000
Total $30,000
Regarding schedule, as previously documented, per the current New Source Performance Standard
Requirements, the new landfill gas collection and control system must be in-place and operational
by no later than November 11, 2017. As such, SCS will work with the City in an expedited manner
to complete the design and work through the City's established processes for interim millstones and
review cycles. We will begin our work immediately upon notice-to-proceed (NTP) and will issue a
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EXHIBIT"A"
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Mr. Ivan Luna
May 8, 2016
Page 3
detailed project schedule within one week of NTP. This schedule will include the following
milestones for achieving completion by the regulatory deadline: City's review time, securing the
funds for construction, bidding and award, and construction. SCS will keep the City apprised of
progress in achieving the schedule throughout the project.
Also with respect to schedule, revisions to the current NSPS rules may be issued by the U.S.
Environmental Protection Agency (EPA) later this summer. Although a draft of these rules has
been issued, the exact contents and final promulgation date are not known. As such, this proposal is
being written to conform to the current NSPS rule's requirements.
SCS appreciates this opportunity to present this proposal for your consideration. If you have any
questions, please feel free to contact David Mezzacappa, P.E. at (817) 358-6108.
Sincerely,
Ryan Kuntz, P.E. David Mezzacappa, P.E.
Project Manager Vice President
SCS ENGINEERS SCS ENGINEERS
TBPE Registration No.F-3407
Cc: Lawrence Mikolajczyk, City of Corpus Christi (e-copy)
Tony Benavides, City of Corpus Christi (e-copy)
Brian Bresler, City Engineering Representative/Freese and Nichols (e-copy)
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EXHIBIT"A"
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EXHIBIT"B"
Page 1 of 1
• . •
EXHIBIT C
Insurance Requirements
Pre-Design, Design and General Consulting Contracts
1.1 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.
1.2 Consultant must furnish to the Director of Engineering Services with the signed
agreement a copy 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. 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.
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
PROFESSIONAL LIABILITY $1,000,000 Per Claim
(Errors and Omissions)
(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.
1.3 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.
1.4 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.
EXHIBIT"C"
Page 1 of 2
1.5 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
1.6 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:
1.6.1 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.
1.7 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.
1.8 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.
1.9 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.
1.10 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.
1.11 It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
EXHIBIT"C"
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