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C2018-026 - 1/19/2018 - NA
CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) E10200— La Voila Creek Drainage Channel Excavation 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) and Belaire Environmental, Inc., 1217 Hwy. 35 South, Rockport,Aransas,Texas(Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I — SCOPE OF SERVICES 2 ARTICLE II — QUALITY CONTROL 3 ARTICLE III — COMPENSATION 3 ARTICLE IV—TIME AND PERIOD OF SERVICE 4 ARTICLE V— OPINIONS OF COST 5 ARTICLE VI — INSURANCE REQUIREMENTS 5 ARTICLE VII — INDEMNIFICATION 5 ARTICLE VIII —TERMINATION OF AGREEMENT 6 ARTICLE IX— RIGHT OF REVIEW AND AUDIT 7 ARTICLE X— OWNER REMEDIES 7 ARTICLE XI — CONSULTANT REMEDIES 8 ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 8 ARTICLE XIII — MISCELLANEOUS PROVISIONS 10 EXHIBIT A SCOPE OF SERVICES EXHIBIT B SAMPLE PAYMENT REQUEST FORM EXHIBIT B-1 CONFIDENTIAL RATE SHEET EXHIBIT C INSURANCE REQUIREMENTS Contract for Professional Services PAGE 1 OF 12 2018-026 1/19/18 Belaire Environmental Inc. INDEXED • • ARTICLE I—SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services,to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement,and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract.At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor,equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the% of work performed by subconsultant(in dollars). Changes in Consultant's proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates(project progress or delays) in the format requested by the City with each monthly invoice. 1.6 :__ : • _:• -: : : : .. - __ - n E T:A•t F __ _ _ _ _ etherwise- ewnefs,reperaters, Contract for Professional Services PAGE 2 OF 12 • 1.8.2 Tho Consultant agroos to proparo and submit a-menthly Utility Geier, the 1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. ARTICLE II—QUALITY CONTROL • needed ARTICLE III —COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Servicesfor this Agreement shall not exceed $27,500. 3.2 The Consultant's fee will be on a lump sum or time and materials(T&M)basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Consultant shall submit a Rate Schedule,as shown in Exhibit B-1,with their proposal. City and Consultant agree that the Rate Schedule is considered confidential information that may be excluded from public disclosure under Texas Government Code Chapter 552 as determined by the Texas Attorney General. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services ortasks 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 within three(3)days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis,the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request,all services for which Contract for Professional Services PAGE 3 OF 12 • Payment Requests have been previously issued and payments received from City shall,to the best of Consultant's knowledge, information and belief, be free and clear of liens,claims,security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY,THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary, in City's opinion,to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City,Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget.The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 ._ .._ ... . . .. .. - •_ ._ 4.3 The Consultant agrees to begin work on those authorized 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 Contract for Professional Services PAGE 4 OF 12 Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. ARTICLE V—OPINIONS OF COST 5.1 Tho Opinion of Probable Cost (OPC) is computed by the Consultant and includes tho total ^GSE-fe J. the-Gi* ARTICLE VI—INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII— INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers,agents,employees,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 Contract for Professional Services PAGE b OF 12 • 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. ARTICLE VIII —TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 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. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause,the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time& Contract for Professional Services PAGES OF 12 • • • • Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX— RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit,examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries,reports, drawings,receipts,vouchers, memoranda,time sheets, payroll records, policies,procedures,and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records,Consultant's facilities and Consultant's current employees,deemed necessary by City or its designee(s), to perform such audit,inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X—OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments,such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions, Contrad for Professional Services PAGE 1 OF 12 • • • the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant's response. 10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's sole cost if, in the City's judgment,the Consultant generates excessive addenda,either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE XI —CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control,an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII —CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation,City will meet to discuss the request,after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or(iii) request Mediation. 12.1.5 Pending final resolution of a claim,except as otherwise agreed in writing,Consultant shall proceed diligently with performance of the Agreement,and City shall continue to make payments in accordance with this Agreement. 12.2 Mediation Contract for Professional Services PAGE 8 OF 12 • • • • • 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement,the Party alleging such breach shall,as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.3.2 Request for mediation shall be in writing,and shall request that the mediation commence no less than thirty (30) or more than ninety(90) calendar days following the date of the request, except upon agreement of both parties. 12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable,whether in contract or tort or otherwise,to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. 12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. Contract for Professional Semces PAGE 9 OF 12 ARTICLE XIII —MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party,except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture,then in the event of the termination of the partnership or joint venture, 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. 13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City,without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re-use of modified plans. 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals practicing 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. 13.4 Licensina. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s)at meetings of any official nature concerning the Project,including scope meetings,review meetings, pre-bid meetings and preconstruction meetings. 13.5 Entire Agreement. 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. ntltyv _ _ Form 1205 must bo elostronically filod with tho Texas Ethics Commission at Contract for Professional Services PAGE 10 OF 12 • • 13.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code,to complete and file Form CIQ with the City Secretary's Office. 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://wvw.cctexas.corn/government/city-secretary/conflict-disclosure/index. 13.9 Controlling Law. 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. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable,and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.11 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 Articles 1-XIII of this Agreement(Articles), the Articles shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI BELAIRE ENVIRONMENTAL, INC. ,y,,,72.4/42„.„ 1/19/8 e.�� ,..4...-�in`i 1-3-18 Mark Van Vleck at Charles E. Belaire Date Assistant City Manager Vice President 1217 Hwy. 35 South Rockport, Texas 78382 361-729-1241 sflaherty©bela ireenv.corn RE OM .E 0E' \ I 1 ,,a 'Arb�o rie H. ay, P E. trate Executive Dire Pub ' arks # 2 — ear • 13- Jeff '. Edmonds, P.E. la - Director of Engineering Services Contract for Professional Services PAGE 11 OF 12 • Apponvrn AA TOLEGAL FORM 018.01.0411:46:08 f"' x)s" -06'00' Assistant City Attorney Date Fund Name Accounting Account Activity No. Amount Unit No. Stone Water 2015 4530-043 550720 E10200-01-4530-EXP $27,500.00 Total Contract for Professional servos PAGE 12 OF 12 Belaire Environmental, Inc. Planning - Permitting - Habitat Creation November 7, 2017 Revised November 10,2017 Ms. Sarah West, P.E., CFM Major Projects Engineer City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 Re: Proposal for U.S. Army Corps of Engineers Regulatory Compliance Support, City of Corpus Christi, El 0200 La Voila Creek Drainage Channel Excavation Phase I,Corpus Christi,Nueces County,Texas Dear Ms. West: Per your request,we have prepared this proposal to perform the referenced work. Belaire Environmental, Inc. (BEI) will perform this work in a stepwise manner as described in the enclosed Work Plan Summary. BEI understands that the City of Corpus Christi would like BEI to complete U.S. Army Corps of Engineers (USACE) coordination to receive an official "No Permit Necessary" letter, conduct a pre-construction site survey to document current site conditions, complete and submit to the USACE a pre-construction report detailing existing site conditions, complete a post-construction survey and develop a report for the USACE illustrating that the project was completed without any jurisdictional impacts,and prior to start of construction, stake the Ordinary High Water Mark(OHWM)and wetlands within the project area previously verified by the USACE under Permit No. SWG-2009-00802, Approved Jurisdictional Determination (JD), as well as coordinate with the USACE to obtain an Extension of Time(EDT)for the JD. All cost and time estimates are approximate.Many unknowns may affect the level of effort required to complete this work. BEI will bill on a time and materials reimbursable basis according to the attached Standard Rate Schedule. BEI will keep the City of Corpus Christi regularly updated on any cost and schedule changes. BEE s fees will not exceed the amount shown in the Work Plan Summary without good cause and without your approval. Any work performed at your request (e.g. meetings, planning work, etc.) outside the Work Plan Summary will be invoiced on a time and materials reimbursable basis. Please contact Sara Flaherty(361-729-1241,ext. 0#)or me with any questions. We look forward to working with you and your team on this project. If the above-described scope of work, costs and payment plan meets with your approval please sign in the space provided and return to me. AGREED TO AND ACCEPTED: By: Charles E.Belaire By: Sarah West, P.E., CFM Vice President Major Projects Engineer For: BELAIRE ENVIRONMENTAL, INC. For: City of Corpus Christi Date:November 10.2017 Date: End. Physical Address: Mailing Address: 1217 Hwy.35 South P.G.Box 741 361-729-1241 Rockport, TX 78382 www.belaireenv.com Rockport, TX 78381 Fax:361-729-1441 EXHIBIT A PAGE 1 OF 4 • WORK PLAN SUMMARY U.S. Army Corps of Engineers Regulatory Compliance Support City of Corpus Christi, La Volla Creek Phase 1 Corpus Christi,Nueces County,Texas November 7, 2017 Revised November 10,2017 WORK DESCRIPTION ESTIMATED BEI COST ITEM Step I. Collect Background Information: $1,500 Belaire Environmental, Inc. (BEI) will collect and analyze readily available data including the Approved Jurisdictional Determination (JD) from the U.S. Army Corps of Engineers (USACE), USACE communications related to the issuance of the current JD,current and historical aerial imagery,the scope of work within the City of Corpus Christi's Request for Bid, USGS benchmarks,surveyor benchmarks, and other pertinent data.All information collected and evaluated will be used to determine preliminary methods for the pre-construction survey, field staking efforts, plan USACE communications and coordination,and anticipate any USACE comments. Step 2. Extension of Time: $1,500 Based upon the finding in Step 1,above, BEI will prepare a USACE submittal to request and Extension of Time (EOT) for the JD, coordinate with the USACE and respond to information requests. Step 3. Plan Field Investigations: $1,500 The findings from Step I, above, will allow BEI to create a field survey plans.These plans will include survey methods,transects,and observation points to conduct a USACE pre-construction survey and develop a staking plan including USACE verified coordinate data, on-site access/ATV routes, likely areas of concern, field crew instructions,and all related tasks. Step 4. Pre-Construction Survey and Staking: $8,500 Based upon the survey plan developed in Step 3, above, BEI personnel will conduct the pre-construction site survey within the approximately 31.27-acre project area. The purpose of this survey will be to establish baseline conditions within the proposed project site. BEI will document existing habitat, vegetation, approved jurisdictional status, and other conditions of La Volla Creek and the adjacent project area. During the survey, BEI personnel will stake the limit of jurisdiction within the proposed project area. Jurisdictional staking will include staking the verified boundary of the Ordinary High-Water Mark(OH WM)of La Voila Creek as well as an adjacent wetland northwest of La Volla Creek. Stakes will be flagged and tall enough so as to be clearly visible to contractors. Step 5. Pre-Construction Survey Results and USACE No Permit $1,500 Concurrence: BEI will prepare a brief report outlining the results of the pre- construction survey. This report will serve as a baseline indicator of site conditions prior to site activities. Within this report, BEI will also outline the project plans, including Best Management Practices (BMPs) proposed within the bid document. BEI will illustrate that the proposed project does not intend to undertake any regulated EXHIBIT A PAGE 2 OF 4 • • • activities within any jurisdictional areas. BEI will request the USACE to provide a written "No Permit Necessary" concurrence letter for the City of Corpus Christi. Step 6. USAGE Site Visit $1,000 BEI will schedule and attend a site visit with the USAGE. The purpose of this site visit is to obtain USAGE verification that jurisdictional features within the proposed project area have been accurately staked.BEI personnel will provide a sub-centimeter RTK GPS, preloaded with all verified jurisdictional coordinates. Following the site visit,BEI will obtain written concurrence that the stakes have been appropriately placed. Step 7. Post-Construction Survey: $5,500 Upon project completion BEI will conduct a post-construction survey. BEI will resurvey all transects and observation points developed during the pre-construction survey. BEI will document site conditions,vegetation,and the Jurisdictional status of each area. Step 8. Post-Construction Survey Report: $1,500 BEI will prepare a brief report of findings. The post-construction report will illustrate the changes to baseline conditions established prior to construction activities. The purpose of this report will be to illustrate that no regulated activities occurred within jurisdictional areas. Step 9. Meetings,Conference Calls,Additional Information Requests: Up to$5,000 It is likely that coordination will be required among the various parties involved, including the USAGE, the City, engineers, and contractors. BEI will provide services on a time and materials basis upon request. TOTAL ESTIMATE: $27,500 NOTES: • All cost and time estimates are approximate. Many unknowns may affect the level of effort required to complete this work. BEI will bill on a time and materials reimbursable basis according to the attached Standard Rate Schedule. BEI will keep the City of Corpus Christi regularly updated on any cost and schedule changes. • Any work performed at client's request outside the work described above in the Work Plan Summary (e.g., meetings,additional site inspections,conferences,etc.)will be billed on a time and materials reimbursable basis separately from the above work steps and according to the attached Standard Rate Schedule. • The actual cost to perform each Work Step may vary from the above estimates. Budgets will be shifted among Work Steps as needed to reflect actual cost to complete each Step. EXHIBIT A PAGE 3 OF 4 • • • 4x.4\01 P.O.Box 741 B E L A I R E Rockport,TX 78381 ENVIRONMENTAL, INC. (361)729-1241 Planning • Permitting • Habitat Creation Fax:(361)729-1441 STANDARD RATE SCHEDULE Personnel: Personnel costs are reimbursed on an hourly basis as follows: Principal and Associate $125-$250 Project Staff $100-$175 Technical/Clerical Staff $ 50-$ 90 Travel and Subsistence: All travel and subsistence expenses are invoiced at actual cost plus 15% handling. Company-owned or leased vehicles, 4WD suburbans or trucks are billed at$1.00/mile. Company boats are invoiced at a rate of$450 per day,plus fuel. Company Jon Boat is invoiced at a rate of$200 per day,plus fuel. Company-owned Honda 4-Wheeler is billed at$300/day plus fuel. All purchased services and goods are invoiced at actual cost plus 15% handling. These include, but are not limited to, reproduction costs,computer time,long distance telephone,fuel,consultants,subcontract services,rented or leased equipment,and expendable supplies. Daily charge rates for field equipment include,but are not limited to,the following: Rate/day Sub-Centimeter RTK GPS $750 XRT GPS $450 Sub-Meter XRS Trimble GPS(model no.29673-50)w/Trimble backpack receiver(model 33302-51)&PC connection $400 Dive Equipment $500 Laser Leveler(LMH 600 Series) $100 Global Water Turbidity Meter(model WQ777) $100 YSI Dissolved Oxygen Meter $100 Metal Detector $100 Field Scout SC900 Soil Compaction Meter $ 75 Soil Moisture Meter $ 50 GPS(handheld)(Garmin;Magellan) $ 50 Oyster Dredge $ 35 Auger $ 35 Datascope $ 25 Garmin DepthFinder(model ST-TBK) $ 15 Sper Scientific Refractometer $ 20 Core Sampler(1-1/2 inch)/ $ 50 Core Sampler(6-inch) $ 15 Imhoff Cones $ 5 Trailer $ 40 Water Pump $ 35 Water Tank $ 20 Terms: Invoices are submitted monthly for all services rendered during the previous month and are payable "net 30 days." Late payments will incur interest at 1-1/2% per month from the original date of invoice, or the maximum amount permitted by law. Work will cease and collection proceedings shall commence without notice once invoices remain unpaid 30 days from the date of invoices. The company shall be reimbursed for all costs associated with collection, including legal fees,expenses,and time spent on collection by company personnel. Reimbursement for collection efforts by company personnel shall be according to terms and conditions described in this rate schedule. By acceptance of Belaire Environmental, Inc.'s(BEI)work products the client hereby authorizes BEI to file liens for unpaid invoices on any properties associated with the project. (January 2017) EXHIBIT A PAGE 4 OF 4 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees Contract Amd No. 1 COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Amd No. 2 Total Contract $1,000.00 $0.00 $0.00 $1,000.00 $2,000.00 $1,000.00 $0.00 $3,000.00 $500.00 $0.00 $250.00 $750.00 $2,500.00 $0.00 $1,000.00 $3,500.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $0.00 $2,000.00 $0.00 $0.00 $2,000.00 $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $1,627.00 $1,627.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000.00 $1,120.00 $1,627.00 $4,747.00 $6,000.00 $1,000.00 $1250.00 $8,250.00 $2,000.00 $1,120.00 51,627.00 $4,747.00 $8,000.00 $2,120.00 $2,877.00 $12,997.00 Current Invoice Previous Invoice Total Invoice $0.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,500.00 $2,500.00 0.0% $500.00 $0.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD $500.00 $0.00 $500.00 $1,000.00 $1,500.00 $2,500.00 $500.00 $0.00 $500.00 $1,500.00 $1,500.00 $3,000.00 Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M). vm m v 0 w Sample form for'. Payment Request AE Contract Revised 02/01/17 Remaining Balance Percent Complete $0.00 100.0% $1,500.00 50.0% $750.00 0.0% $3,500.00 0.0% $5,750.00 30.3% $1,500.00 25.0% $1,120.00 0.0% $1,627.00 0.0% TBD TBD TBD TBD TBD TBD $4,247.00 10.5% $5,750.00 30.3% $4,247.00 10.5% $9,997.00 23.1% • EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE TX REGISTRATION #: ($/hr) Project Consultant: CAD Technician: Clerical: Other— specify: SUBCONSULTANT(S): (firm) Principal(s): Project Consultant: CAD Technician: Clerical Other—specify: Add additional subconsultants as needed. Exhibit B-1 Confidential Rate Sheet Page 1 of 1 • • EXHIBIT C Insurance Requirements 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. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises— Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury-Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased 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 1 Rev 04/17 • 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 Consultants 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 In the event of a change in insurance coverage, Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 business days of said change. Consultant shall pay any costs 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 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City with the exception of the professional liability/Errors & Omissions policy; 1.6.2 Provide for an endorsement that the"other insurance"clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.6.3 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation will be provided at least 30 days in advance of the cancellation effective date to the certificate holder; 1.6.4 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holder. 1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of 2 Rev 04/17 • • coverage, Consultant shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultants 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 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. -- --- 3 Rev 04/17