HomeMy WebLinkAboutC2016-339 - 7/6/2016 - NA •'
CITY OF CORPUS CHRISTI
CONTRACT FOR PRELIMINARY DESIGN
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 Covm, Rehmet &
Gutierrez Enqineerina, L.P., a Texas limited partnership, 5656 S. Staples, Suite 230,
Corpus Christi, Nueces County, Texas 78411, (Consultant), hereby agree as follows:
1. SCOPE OF PROJECT
Whitecap Wastewater Treatment Plant Odor Control and Bulkhead Replacement
(Proiect No. E10053) - This project is for preliminary engineering services to investigate
the odor emission issues, evaluate the odor control alternatives, and evaluate the bulkhead
repair/replacement alternatives.
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 $49,486.00,. Monthly invoices will be submitted in
accordance with Exhibit "B".
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7/06/16
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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.
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.
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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:
(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;
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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 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.
CITY OF CORPUS CHRISTI COYM, REHMET & GUTIERREZ
ENGIN EKING, L.P.
L'. '1', 4e s/i,oo P.E.Margie C.ihmoti
se Date e Y Date
City Manager Principal
M 406 a4 5656 S. Staples, Suite 230
OcA Corpus Christi, Texas 78411
(361) 991-8550 OfficeM�Van Vleck Date (361) 993-7569 Fax
Assistant City Manager
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is - '- ) cr.06 (c
Va Tie H. Gra c,/ ' `C0 Date
Executive Director if P blic Works
APPROVED AS TO LEGAL FORM
2016.06.16 08:34:42
-05'00'
Legal Department Date
Project Name Whitecap Wastewater
Treatment Plant Odor Control &
Bulkhead Replacement
Project Number E10053
Accounting Unit 4247-064
Account 550950
Activity E10053014247EXP
Account Category 50950
Fund Name Wastewater 2012RVBD
This is the original contract for$49,486
Contract for Professional Services.Page 5 of 5
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TBPLS Firm Reg.No.10104001
April 14,2016
Jeff H. Edmonds, P.E. VIA EMAIL
Director of Capital Projects
City of Corpus Christi
P.O. Box 9277
Corpus Christi,Texas 78469-9277
RE: Whitecap Wastewater Treatment Plant Emissions/Odor Control and Bulkhead
Rehabilitation Project—Small A/E Fee Proposal,City Project No. E10053.CRG Project No. 20734c
Dear Mr. Edmonds,
Please accept this letter as our Small A/E fee proposal to perform the professional services desired
in developing a Preliminary Engineering Letter Report for the Whitecap Wastewater Treatment
Plant Emissions/Odor Control and Bulkhead Rehabilitation Project, City Project No. E10053.
Description and Task List
Coym,Rehmet and Gutierrez Engineering,L.P.(CRG)proposes to perform the following Preliminary
Phase Tasks:
1. General Administration and Review Background Information.
2. Install Odor Control Monitors and Sample Odor Compounds.
3. Evaluate Test Data.
4. Evaluate Odor Control Alternatives.
5. Evaluate Bulkhead Repair/Replacement Alternatives.
6. Progress Meeting.
7. Prepare Preliminary Engineering Letter Report(PELR).
A more detailed explanation of various tasks along with a manhour analysis can be viewed in
Exhibits A& B, respectively.
Schedule:
Final Engineering Letter Report to be completed 3 months after Notice to Proceed.
EXHIBIT "A"
• Page 1 of 6
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Jeff H.Edmonds,P.E.
April 14,2016
Fees:
A. Fees for A/E services will include all necessary time and materials required to perform
the above mentioned tasks as described.
B. Summary of Fees
Total Fee $49,486.00
Sincerely,
COYM, REHMET&GUTIERREZ
ENGINEERING, L.P.
l frig)"
Jeff
Jeff Coym, P.E.
Principal
Attachments: Exhibit"A" Detailed Task List
Exhibit"B" Manhour Fee Analysis
Disclosure of Interest
EXHIBIT "A"
Page 2 of 6
EXHIBIT A
CITY OF CORPUS CHRISTI, TEXAS
Whitecap Wastewater Treatment Plant Emissions/Odor Control Project
City Project No. E10053
TASK LIST
PRELIMINARY PHASE
1. General Administration and Review Background Information
1.1 Kickoff Meeting and Site Visits
1.2 Identify Additional Data
Based upon the information and drawings received in the Whitecap
Wastewater Treatment Plant (WCWWTP), Engineer may identify
additional documents, reports, studies, designs, drawings,
calculations and data that will be critical to the success of the
project and request from the City.
2. Install Odor Monitors and Sample Odor Compounds
2.1 Install Continuous Odor Monitors
Engineer will install three (3) OdalogTM continuous recording
monitors to determine hydrogen sulfide gas concentrations: 1.
before the screens, 2.. in the wet well, and; 3. in the splitter box.
After one week the monitors will be retrieved for downloading and
analysis. This will determine odor airstream hydrogen sulfide gas
concentrations.
2.2 Perform Grab Sampling (VOC's and Reduced Sulfur Compounds)
Engineer will perform grab sampling for selected volatile organic
odor compounds (VOC's) and reduced sulfur odor compounds
(RSC's) at selected sites. Up to 10 different grab samples and
analysis will be performed to determine odor airstream
characterization.
2.3 Sample Dissolved Sulfide
Engineer will sample and measure dissolved sulfide ion
concentration (up to 10 samples) wastewater at the influent lift
station and other selected locations throughout the plant.
• EXHIBIT "A"
Page 3 of 6
2.4 RAS Return Pump Test
The City will provide a 2" or larger pump and sufficient flex piping
(or other temporary piping system) to return settled RAS directly
back to in front of the screens for one 8-hour period during the
week that monitors are installed. Engineer will identify the locations
for RAS pickup and discharge.
3. Evaluate Test Data
Engineer will download continuous monitoring data and chart for analysis.
Minimum average and maximum hydrogen sulfide gas concentrations will
be identified for the locations tested.
3.1 Calculate Required Airflow
Engineer will calculate enclosed area air volumes and determine
minimum required air extraction rates to maintain a negative
pressure. Air controls such as flaps, curtains or other covering
strategies will be determined on an as-needed basis. Air exchange
rates will be compared against NFPA 820 guidelines and
adjustments noted for final design. With the combination of odor
concentration and airflow rates, Engineer will calculate the
hydrogen sulfide and VOC concentrations in airstreams to be
treated.
4. Evaluate Odor Control Alternatives
4.1 Chemical Addition
Engineer will evaluate possible chemical addition for control of
some of the odors at the WCWWTP including the calculation of
stoichiometric chemical usage rates and costs of five (5) of the
most commonly used odor control chemicals for domestic
wastewater. The calculations will be based upon dissolved sulfide
sampling data at the influent lift station.
4.2 Ventilation Controls
Engineer will evaluate ventilation controls and odorous air
treatment for odors including the existing odor control system and
any additional odor control systems as may be necessary.
Engineer will calculate airflow and odor concentrations for
ventilation controls and identify feasible technologies capable of
effectively treating the odor compounds present. Engineer will
select up to three commonly used, effective odor treatment
technologies based upon the anticipated 20-year life-cycle cost
and perform a more detailed level 4 cost estimate.
EXHIBIT "A"
Page 4 of 6
' t ,
4.3 Process Modifications
Engineer will identify possible process modifications which may
reduce or eliminate odor sources and evaluate each modification
for effectiveness. Where appropriate, Engineer will calculate budget
level cost estimates to implement process modifications.
5. Evaluate Bulkhead Repair/Replacement Alternatives
5.1 Engineer will explore various method of rehabilitating the damaged
bulkhead cap and sheet pile surrounding the WCWWTP. These
findings and alternatives will be discussed in the Preliminary
Engineering Report along with recommendations which suit the
City's budget.
6. Progress Meeting
6.1 Present Findings
Engineer will present the findings of Tasks 1 through 5 to City
staff at a workshop. The results of the sampling, analysis,
inspection and evaluation of odor control technologies will be
presented.
6.2 Discuss Odor Control Strategies
The presentation discussion is intended to inform and elicit
comments from City staff as to the applicability and acceptance of
the proposed control strategy. Utilities, power, labor, chemicals
and operating costs of the various technologies will be discussed
for applicability to the WCWWTP.
6.3 Confirm Design Assumptions
The goal of the workshop will be to confirm the design assumptions
and approve odor control technologies to assure that operations
staff are comfortable with any new technology.
7. Prepare Preliminary Engineering Letter Report (PELR)
7.1 Prepare Sketches and Graphics
Engineer will prepare graphs of the monitoring charts,
conceptual sketches of site layout, utilities connections and duct
runs of any improvements for inclusion in the report.
EXHIBIT "A"
Page 5 of 6
7.2 Prepare Draft PELR
Engineer will prepare a draft Preliminary Engineering Letter Report
which includes discussions of the methods and materials used in
the analysis and evaluation if odor controls for the WCWWTP. The
report will also include a discussion of the data manipulation and
analysis of alternative odor controls applicable to the WCWWTP.
Finally, the report will present level 4 cost estimates for the most
feasible odor controls at the plant given the current conditions.
Engineer will deliver an electronic of a draft PER for review.
7.3 Revise Draft PELR
Engineer will receive one round of comments on the draft PELR
and incorporate and address these comments in the final PELR.
7.4 Issue Final PELR
Engineer will issue 10 hardcopies and an electronic form of the
final PELR within two weeks of receiving comments on the draft.
EXHIBIT "A"
Page 6 of 6
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EXHIBIT "B"
SAMPLE PAYMENT REQUEST FORM
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 SO $1,000 $0 $1,000 $1,000 100%
Design Phase 2,000 1,000 0 3,000 1,000 500 1500 50%
Bid Phase 500 0 250 750 0 0 0 0%
Construction Phase 2,500 0 1,000 3,600 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&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 $1527 $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
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.
•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.