HomeMy WebLinkAboutC2016-446 - 8/26/2016 - NA I , . . ,
CITY OF CORPUS CHRISTI
CONTRACT FOR PROFESSIONAL SERVICES
The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277,
Corpus Christi, Nueces County, Texas 78469-9277(City)acting through its duly authorized
City Manager or Designee (Director of Engineering Services) and HDR Engineering, Inc.,
555 N. Carancahua, Suite 1600, Corpus Christi, Texas, Nueces County, Texas 78401,
(Consultant), hereby agree as follows:
1. SCOPE OF PROJECT
McGee Beach Nourishment (Project No. E14048) - The City desires a feasibility
assessment for dredging the southern portion of the downtown marina to improve boat
access to the new "R Pier" south of the Cooper's Alley L-Head. The assessment will
consider the possibility of beneficial placement of the dredged material to nourish McGee
Beach.
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.
2016-446
8/26/16 Contract for Professional Services
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\E14048-CC MARINA DREDGING - MCGEE BEACH NOURISHMENT\CONTRACT\16-0311 AE AGREEMENT-PRELIM
HDR Engineering Inc. INDEXED
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 $28,651.00. Monthly invoices will be submitted in
accordance with Exhibit "B".
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.
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AND DESIGN.DOC
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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. As a condition precedent to
termination for cause, the Consultant shall have the right to cure the default within the cure
period specified in the initial notice of default.
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
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AND DESIGN.DOC
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;
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.
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CITY OF CORPUS CHRISTI HDR ENGINEERING, INC.
441P-
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Mark Van Vleck, Date Arthur B. Colwell,`PDate
Assistant City Manager Vice President
555 N. Carancahua, Suite 1600
Corpus Christi, TX 78401-0850
(361) 696-3300 Office
(361) 696-3385 Fax
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APPROVED AS TO LEGAL FORM
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-05'00'
Legal Department Date •
ATTEST
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Rebecca Huerta Date
City Secretary / a-q/j
Contract for Professional Services
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K\ENGINEERING DATAEXCHANGE\CI ARISSAAE14048-CC MARINA DREDGING- MCGEE BEACH NOURISHMENT\CONTRACT 116-0311 AE AGREEMENT-PRELIM
AND DESIGN.DOC
March 1, 2016 P115526
Mr. Jeff Edmonds, P.E.,
Director, Capital Programs
City of Corpus Christi
P.O. Box 9277
Corpus Christi, TX 78469-9277
RE: PROPOSAL FOR CURSORY-LEVEL FEASIBILITY ASSESSMENT FOR
DREDGING MARINA AT "R PIER"
Dear Mr. Edmonds:
Thank you for inviting HDR to submit this proposal for professional engineering services.
Based on our recent correspondence, the City desires a feasibility assessment for dredging
the southern portion of the downtown marina to improve boat access to the new "R Pier" south
of the Cooper's Alley L-Head. The assessment will consider the possibility of beneficial
placement of the dredged material to nourish McGee Beach. Having a local staff of coastal
engineers with experience in dredging and beach nourishment, as well as previous experience
at the project site, we feel well qualified to help.
SCOPE OF SERVICES
HDR proposes to provide the following services:
• Participate in a kickoff meeting and project site visit with City staff. The purpose of the
meeting and site visit will be to review project goals and observe the general condition of
the proposed dredging area and adjacent improvements that could potentially be
impacted by dredging.
• Perform limited field data collection consisting of a bathymetric survey, a gradiometer
survey, and bottom probing within the southern portion of the marina adjacent to the R
Pier. These data will be applied to develop a conceptual dredging template, help identify
dredging hazards or obstructions, and characterize the general composition of bottom
sediments for development of a more detailed geotechnical plan (see next bullet).
• Based on results of the field investigation, HDR will develop recommendations for
sediment sampling, laboratory testing (e.g., sieve analyses and analytical testing), and
geotechnical analyses to be performed by a third party under direct contract with the City.
• Based on the City's project goals and review of the collected field data (including the
geotechnical data provided by the City), HDR will provide recommendations for dredging
locations and depth, as well as possible placement locations such as McGee Beach.
Once a conceptual dredging template has been developed and possible dredged
material placement locations have been identified, HDR will develop an estimate of the
hdrinc.com
EXHIBIT "A"
Pa•e 1 of 3
Mr.Jeff Edmonds
March 1,2016
Page 2
required dredging volume and prepare a conceptual-level opinion of probable
construction cost(OPCC). HDR will also develop a project execution timeline.
• Results of the field data collection and conceptual-level engineering analyses described
above will be summarized in a technical memorandum. The technical memorandum will
include a brief discussion on regulatory and permitting considerations, as well as
recommendations for any additional data collection that would be required prior to
detailed design. The memorandum will be submitted to the City for review prior to being
finalized. In addition, HDR would participate in a meeting with City staff to review the
results.
ASSUMPTIONS AND LIMITATIONS
HDR's proposal for the services and fee described herein is based on the following
assumptions and limitations:
1. Geotechnical and sediment analytical sampling, testing, and analysis will be required
in order for HDR to provide placement recommendations for the dredged material.
HDR will assist the City with development of a sampling and testing plan to be
executed by a third party under direct contract with the City. Results will be provided to
HDR for HDR's use in developing dredged material placement recommendations.
2. This effort does not include numerical modeling, detailed environmental and regulatory
review, or other items that might typically be associated with detailed engineering or
design.
3. The OPCC will be conceptual-level.
FEE, DELIVERABLES,AND SCHEDULE
HDR proposes to provide these services for a lump-sum fee of$28,651 as shown in the table
below. It is our understanding that the City and HDR are currently reviewing contract terms
and conditions under which these services would be provided. HDR requests review and
agreement to these terms and conditions prior to initiation of work. Any work outside the
proposed Scope will be added, with authorization from the City, through a formal Scope
Change Document and associated fee agreement. This proposal is valid for 45 days from the
date of this letter.
EXHIBIT "A"
Pa•e2of3
Mr. Jeff Edmonds
March 1, 2016
Page 3
Approximate Approximate
Task Deliverables ( Schedule of Amount per
Completion Task
1. Fieldwork (Hydrographic Surveying ! Technical
and Bottom Probing) Memorandum and 45 Days from NTP $9,816
OPCC
Technical
2. Dredging Assessment Memorandum and ` 60 Days*from NTP $18,835
OPCC
Total Proposed Lump Sum Fee: $28,651
Note: Schedule for technical memorandum and OPCC is dependent on HDR's receipt of geotechnical
investigation results from City.
Thank you again for considering us for this project. Please do not hesitate to contact Dan
Heilman at 361-696-3344 if you have questions or require any additional information.
Sincerely,
HDR ENGINEERING, INC.
/4-/ey/
Daniel J. Heilman, P.E. Arthur B. Colwell, P.E.
Project Manager Vice President/Managing Principal
DJH/jlg
Cc: Shane Torno, P.E., City of Corpus Christi
Carl Crull, P.E., HDR
EXHIBIT "A"
Pa.e3of3
Basic Services:
Preliminary Phase
Design Phase
Bid Phase
Report Phase
Construction Phase
Subtotal Basic Services
Additional Services:
Permitting
Warranty Phase
Inspection
Platting Survey
Reporting
O & M Manuals
SCADA
Subtotal Additional Services
Summary of Fees
Basic Services Fees
Additional Services Fees
Total of Fees
PROJECT NAME
Project No. EXXXXX
Invoice No. 12345
Invoice Date:
Total Amount Previous Total Percent
Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete
$0
$0
$0
$0
$0
$0
$0
0%
0
0
0
0
$0
0
0
0%
0
0
0
0
0
0
0
0%
0
0
0
0
0
0
0
0%
0%
0
0
0
0
0
0
0
$0
$0
$0
$0
$0
$0
$0
0%
$0
$0
$0
$0
$0
$0
$0
0%
0
0
0
0
0
0
0
0%
0
0
0
0
0
0
0
0%
0
0
0
0
0
0
0
0%
0
0
0
0
0
0
0
0%
TBD
TBD
TBD
TBD
TBD
TBD
0
0%
TBD
TBD
TBD
TBD
TBD
TBD
TBD
0%
$0
$0
$0
$0
$0
$0
$0
0%
$0
$0
$0
$0
$0
$0
$0
0%
0
0
0
0
0
0
0
0%
$0
$0
$0
$0
$0
$0
$0
0%
•
•
•
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)
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 or non-renewal 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.
w r .
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-50916
HDR Engineering, Inc.
Houston ,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 05/05/2016
being filed.
City of Corpus Christi,TX Date lAck owledlc*
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
E14048
McGee Beach Nourishment
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
Little, George A. Omaha, NE United States X
Keen, Eric L. Omaha, NE United States X
Felker, Brent R. Davis, CA United States X
O'Reilly, Charles L. Boston, MA United States X
HDR, Inc. Omaha, NE United States X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
uy
P,4 JUDY GOIN
s=° = Notary Public,State of Texas
+� 7r/i/P/4 dt
My Commission Expires e'Z(j0
"4:ro 44. September 30, 2016
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE /�
Sworn to and subscribed before me,by the said Ate-f h(A - B• cot WC',(/ ,this the 5 } day of /1 yy�LU r l ,
20 /Co ,to certify which,witness my hand and seal of office.
Sig ure of off r ad inistering oath Printed name of officer ministering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021