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HomeMy WebLinkAboutC2016-347 - 7/19/2016 - 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 Carollo Engineers,Inc., a Nevada corporation,with an office location at 5316 Highway 290 West, Suite 330,Austin, Texas 78735, (Consultant), hereby agree as follows: 1. SCOPE OF PROJECT Environmental Flow Technical Support(Project No. E16323)-This project will provide the City with technical and strategic support for the City on various subjects related to environmental flows, the Nueces Estuary Advisory Council and the Senate Bill 3 process. 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 $10,000.00. Monthly invoices will be submitted in accordance with Exhibit "B". 2016-347 7/19/16 Contract for Professional Services Page 1 of 5 VGEUENNIFER\ENVIRONMENTAL\E16323 ENVIRONMENTAL FLOW TECHNICAL SUPPORT SERVICES\CONTRACT.DOC Carollo Engineers Inc. INDEXED 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. Contract for Professional Services Page 2 of 5 K:\ENGINEERING DATAEXCHANGEUENNIFER\ENVIRONMENTAL\E16323 ENVIRONMENTAL FLOW TECHNICAL SUPPORT SERVICES\CONTRACT.DOC 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; Contract for Professional Services Page 3 of 5 K:\ENGINEERING DATAEXCHANGE\JENNIFER\ENVIRONMENTAL\E16323 ENVIRONMENTAL FLOW TECHNICAL SUPPORT SERVICES\CONTRACT.DOC 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 httos://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. CIT •F •• -P �'.RISTI CAROLLO ENGINEERS, INC. b 7 f /t3 \ �_ r/ c% rie H. Gr:y, P. -7 la [(QDa e David K. Harkins, Ph.D., P.E. Date Ecutive Dire tor .f P bli• Works Vice President 5316 Highway 290 West, Suite 330 Austin, Texas 78735 (512) 453-5383 Office (512) 453-0101 Fax Contract for Professional Services Page 4 of 5 K:\ENGINEERING DATAEXCHANGE\JENNIFER\ENVIRONMENTAL1E16323 ENVIRONMENTAL FLOW TECHNICAL SUPPORT SERVICES\CONTRACT DOC APPROVED AS TO LEGAL FORM r fit 6/29/16 Legal Department Date Project Name Environmental Flow Technical Support Project Number E16323 Accounting Unit 4010-30230-072 Account 530000 Activity E16323014010EXP Account Category 30000 Fund Name Water Operating This is the original contract for $10,000 Contract for Professional Services Page 5 of 5 K ENGINEERING DATAEXCHANGEVENNIFER\ENVIRONMENTAL\E16323 ENVIRONMENTAL FLOW TECHNICAL SUPPORT SERVICES\CONTRACT DOC • C alp rd Engineers...Working Wonders With Water io May 27, 2016 Mr. Jiangang Deng, P.E. Major Projects Engineer, Dept. of Engineering Services City of Corpus Christi 2726 Holly Road Corpus Christi, Texas 78415 Subject: Environmental Flow Technical Support Services E l4 3 Z-5 Dear Mr. Deng: Pursuant to your request, Carollo Engineers, Inc. (ENGINEER) proposes to render professional technical support services in connection with the City of Corpus Christi Environmental Flows Technical Support, (hereinafter called the Project). The ENGINEER asserts that it possesses the qualifications to perform the necessary professional services in connection with the Project and will be responsible to the level of competency maintained by engineers under the same or similar circumstances. BACKGROUND In 2007, the Texas Legislature passed Senate Bill 3, establishing a process for developing environmental flow standards for future surface water permits. This process is legislatively mandated not to affect existing permits. The City of Corpus Christi (as the operating entity) operates the Choke Canyon Reservoir/Lake Corpus Christi System in accordance with the special conditions contained in Certificate of Adjudication No. 12-3214, through which an Advisory Committee was established to address environmental flow requirements within the permit. Language within the permit suggests that "to the extent provided by law," the environmental flow requirements wit�iin the_perrr marc)ze modified without the permission Qf_ the permit holders. There is a possibility that adoption of standards developed during the Senate Bill 3 process may effect a revision to the environmental flow requirement in the City's permit, significantly impairing the firm yield of the City's existing water supply. The Carollo project team has been involved with City staff throughout the process to date, and have sought to ensure that the legislative intent of Senate Bill 3, specifically in regard to maintenance of existing water supply, is maintained throughout the rulemaking process, as well as through the subsequent adaptive management process currently underway and being overseen by the Nueces Estuary Advisory Council (NEAC). PURPOSE The objective of this project is to continue providing technical and strategic suoorutto the City as the SB 3 adaptive management process proceeds. Carollo has a team of highly skilled indivi ua s are istinctly knowledgeable ofTie SB 3 process and the NEAC. This team is comprised of the same individuals who have worked previously in this regard, namely Tony L. Smith, P.E. (Project Manager), and Bruce Moulton (subconsultant). The work of the Carollo Team will include participation in the various tasks delineated below, and in project administration and review functions. This will entail the production of documentation in support of the City's position on various subjects related to environmental flows, the NEAC, and the SB 3 process. 300,38.000 I Deng_20160527,docx 5316 Highway 290 West,Suite 330,Austin,Texas 78735-8906 P 5124 3 8'3 F 512 453 0101 EXHIBIT "A" carollo.com Pa•e 1 of 3 Mr. Jiangang Deng, P.E. City of Corpus Christi Page 2 A phased approach has been used in this effort previously, and the scope identified herein is proffered as the next phase of this ongoing effort, whereby the City's strategy (as determined during the initial phases) and preferred level of effort will determine the necessity for subsequent phases of work, and/or additional scope items. The level of effort (e.g. number of meetings) described below has been assumed as an initial starting point. As part of the previous phase of work on this effort, a project meeting (August 5, 2013) was held with City staff. This meeting focused upon the City's objectives regarding the SB 3 process for establishing environmental flow standards, and considered strategies and approaches for achieving such objectives. An important aspect of this project continues to be the results of the SB 3 process and their potential role in aspects of the Agreed Order, and continued support of the positive NEAC process. Obligations of the City of Corpus Christi under Special Condition 5.B. of Certificate of Adjudication No. 21-3214 have been considered and provided via support to City staff. ENGINEER'S SERVICES Task 1 — Internal Support The project team will participate with City staff and/or its' consultants in internal meetings to raise awareness of the significance of this issue, and to provide technical support relevant to the City's internal strategic discussions and decision making. Also within this task is preparation and participation in meetings with counsel at the City's discretion. Task 2 — External Coordination With direction from the City staff and its' consultants, support services will be provided to the City for coordinating potential discussions with other entities (intergovernmental, water supply, etc.). The specific entities considered, and the level of coordination with these interests, will be decided as the City's strategy is formulated. This task also includes the consultants' attendance at relevant NEAC meetings. For significant results in this effort, it will be critical for City staff to play a primary role in the discussions. The consultants, as part of this task, will provide and participate in a supporting role in such meetings. If it is decided during the course of this project that more or less meetings of this nature are required, the scope and budget proffered herein will require commensurate adjustment, and will be coordinated between City staff, its' consultants, and Carollo. Task 3 — Deliverable Preparation Brief technical memoranda will be submitted, as necessary, summarizing the review of materials discussed herein, providing a qualified assessment of the scientific and technical underpinnings of the language and findings, and recommendations as to what modifications or efforts may be necessary to further bolster the position of the City of Corpus Christi. If necessary, draft comment letters will be developed for the City's consideration, as requested by the City staff or its' consultants. 300.45.000 I Deng_20160527.docx EXHIBIT "A" carollo.com Page 2 of 3 Mr. Jiangang Deng, P.E. City of Corpus Christi Page 3 Task 4— Project Consultation and Management This task will accommodate the administrative activities for internal management of this project. Miscellaneous expenses including printing, mileage, etc. will be provided for this project and reimbursed upon payment by the City. The reimbursable fees listed below are estimates only and will be invoiced at cost. All travel expenses will be in accordance with this contract. TIME OF PERFORMANCE It is anticipated that ongoing technical and strategic support will be provided at the request of City staff and its' consultants. As noted previously, should the City's preferred level of effort exceed the level of effort assumed herein, a subsequent phase of work will be negotiated between City staff, its' consultants, and Carollo. PROPOSED FEE Engineer proposes to complete the work on a time-and-materials basis as indicated in the attached Schedule of Payments and Conditions. The engineer will accomplish the basic services for an estimated fee of$10,000. This proposal and the provisions contained in the Schedule of Payments and Conditions attached hereto represent the entire understanding between ENGINEER and the CLIENT in respect to the Project and may only be modified in writing signed by both of us. Please sign the enclosed copy of this letter in the space provided below and return it to us. Sincerely, CAROLLO ENGINEERS, INC. CITY OF CORPUS CHRISTI Accepted this day of 2016 By: By: David K. Harkins, Ph.D., P.E. Officer Vice President PE# 87732 300.45.0001 Deng_20160527.docx EXHIBIT "A" carollo.com Page 3 of 3 • EXHIBIT "B" SAMPLE PAYMENT REQUEST FORM Sample form for COMPLETE PROJECT NAME payment Request ProjectRev sed 07/27/00 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&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 • • ,i 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.