HomeMy WebLinkAboutC2017-064 - 1/23/2017 - NA M
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CITY OF CORPUS CHRISTI
CONTRACT FOR PROFESSIONAL SERVICES
FOR PROJECT E15208 WASTEWATER PERMIT ASSISTANCE
AMENDMENT NO. 2, RENEWAL NO. 1
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 Alan Plummer Associates, Inc., a Texas corporation, 5934 South Staples Street, Suite
220, Corpus Christi, Texas 78413, (Consultant), hereby agree as follows:
TABLE OF CONTENTS
ARTICLE NO. TITLE PAGE
ARTICLE I SCOPE OF SERVICES 2
ARTICLE II QUALITY CONTROL 2
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 6
ARTICLE X OWNER REMEDIES 7
ARTICLE XI CONSULTANT REMEDIES 8
ARTICLE XII CLAIMS AND DISPUTE RESOLUTION 8
ARTICLE XIII MISCELLANEOUS PROVISIONS 9
EXHIBITS
2017-064
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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.
1.2 Consultant shall comply with City standards,as specified in the Unified Development Code(UDC)or Code
of Ordinances at the time of the execution of the contract,throughout the duration of the Project,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. Consultant must provide City
with a list of all subconsultants that includes the services performed by subconsultant and the%of work performed
by subconsultant. Changes in Consultant's team that provides services under this Agreement 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 For design services,Consultant agrees to render the professional services necessary for the advancement
of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its
responsibilities,as defined and described in City's General Conditions for Construction Contracts,excerpt attached
as EF.
1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will
consult and advise the City on matters related to the Consultant's Scope of Services during the performance
of the Consultant's services.
1.6.2 The Consultant agrees to prepare plans,specification, bid and contract documents and to analyze
bids and evaluate the documents submitted by bidders in order to make an informed, written
recommendation to City concerning the responsibilities of the lowest bidders. In determining a bidder's
responsibilities,factors considered include,without limitation,the bidder's experience,capacity,supervision,
ability to maintain project budget and schedule, past performance and safety record.
ARTICLE II —QUALITY CONTROL
2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews(QCP Review).
The City reserves the right to retain a separate consultant to perform additional QCP services for the City.
2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy
applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the
QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as
needed.
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2.3 Final construction documents that do not meet City standards may be rejected. Consultant will not be
compensated for having to resubmit documents.
ARTICLE III—COMPENSATION
3.1 The Compensation for all services (Basic and Additional)included in this Agreement and in the Scope of
Services for this Agreement shall not exceed $160,000 for a total restated fee not to exceed $367,000.
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 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 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
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;
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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.
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 This service shall be for a period of one year beginning on the Effective Date. The Agreement may be
renewed for up to three(3)one(1)year renewal options upon mutual agreement of the parties to be evidenced in
writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus
any approved changes.
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
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
three 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.
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ARTICLE V—OPINIONS OF COST
5.1 The Opinion of Probable Cost(OPC) is computed by the Consultant and includes the total cost for
construction of the Project.
5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility
of the City.
5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment,
or over the contractor's methods of determining prices, or over competitive bidding or market conditions,
Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the
basis of Consultant's experience and qualifications and represent Consultant's best judgment as a design
professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals,
bids or the construction cost shall not vary from the OPC prepared by Consultant.
5.4 The OPC must be validated and/or updated with each deliverable. If construction bids exceed the OPC,
the Consultant will redesign the project to be consistent with the OPC at no additional cost to City.
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 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.
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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&
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.
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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
Agreement Documents.
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 The City may assert a claim against the Consultant's professional liability insurance as appropriate when
other remedies are not available or offered for design deficiencies discovered during and after Project construction.
10.3 When the City incurs non-value added work costs for change orders due to design errors and/or omissions,
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.
10.4 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.
10.5 The City may withhold or nullify the whole or part of any payment as detailed in Article III.
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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
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.
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• , • •
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.
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 oras 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
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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 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.
13.4 Licensing. 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.
13.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and
complete the Disclosure of Interests form, attached as Exhibit-D.
13.7 Certificate of Interested Parties. For contracts greater than $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,attached as Exhibit-E. Form 1295 requires disclosure of"interested parties"with respect to entities that
enter contracts with cities that exceed $50,000. 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; or
(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.bc.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.
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://www.cctexas.com/government/city-secreta ry/confl ict-d isclosu re/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.
Page 10 Rev.07/16
K:\ENGINEERING DATAEXCHANGEWENNIFER\WASTEWATER\E15208 WW PERMIT ASSISTANCE\AMENDMENT NO.2,RENEWAL NO.1\CONTRACT.DOC
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 this Agreement,this Agreement shall take
precedence and control to resolve said conflict.
CITY OF C. - •U- C RIST ALAN PLUMMER A SOCIATES, INC.
/;(...;3/7 J, 411.9\ I/IU /J.- . Edmonds, P. E. a Rex H. Hunt, P.E.
ate
Director of Engineering Services Principal
5934 South Staples Street, Suite 220
Corpus Christi, Texas 78413
(361)356-8413 Office
(512)452-2325 Fax
rhunt@apaienv.com
APPROVED AS TO LEGAL FORM
OL
_4 2017.01.17 14:31:16-06'00'
Assistant City Attorney Date
ATTEST
i—/
t, .1t:
City Secretary Date
Project Name Wastewater Permit Assistance
Project Number E15208
Accounting Unit 4200-33100-064 for$23,350
Accounting Unit 4200-33110-064 for$13,350
Accounting Unit 4200-33120-064 for$35,350
Accounting Unit 4200-33130-064 for$38,350
Accounting Unit 4200-33140-064 for$13,350
Accounting Unit 4200-33150-064 for$36,250
Account 530000
Activity El 5208-01-4200-EXP
Account Category 30000
Fund Name Wastewater Operating
This contract is for Amendment No. 2, Renewal No. 1 for$160,000
Page 11 Rev,07/16
KAENGINEERING DATAEACNANGELJENNIFERNWASTEWATERIE15200 WW PERMIT AS51STANCEV1MENOMENTNO 1.RENEWAL NO.VCONTRACT DCC
EXHIBIT"A"
CITY OF CORPUS CHRISTI, TEXAS
WASTEWATER PERMIT ASSISTANCE
AMENDMENT NO. 2, RENEWAL NO. 1
PROJECT NO. E15208
SCOPE OF SERVICES
A. BASIC SERVICES
For the purpose of this contract amendment, BASIC SERVICES includes the following phases:
• Phase I: Texas Pollutant Discharge Elimination System Permit Renewal for Fiscal
Year 16/17
• Phase II: General Regulatory Support
• Phase III: Multi-Sector General Permit Regulatory Support
These services will apply to each of the CLIENT's permitted facilities, in accordance with their
respective schedules for permit renewal. Activities and tasks for each phase are described
following.
Phase I: Texas Pollutant discharge Elimination System Permit Renewals for Fiscal Year
16/17
The renewal process for each of the City's permits includes the following BASIC SERVICES
activities:
Activity A: Prepare Application for the Permit and Provide Administrative Review Support
Activity B: Assist in Processing the Permit Application through the Texas Commission on
Environmental Quality
Each activity has specific tasks, which are described in the following sections. For purposes of
the BASIC SERVICES scope, it is assumed that the renewal of the TPDES permits includes
straight renewal only(i.e., no anticipated changes to the permit being sought that would result in
a need for a significant modification or amendment of the permit). If modification or amendment
of a permit are desired by the CLIENT or required by the TCEQ, such will be considered as
ADDITIONAL SERVICES and the ENGINEER will provide supplemental scope and budget to
apply for and support the additional permitting requirements associated with the request or
requirement. The ENGINEER will proceed with the additional permitting requirements only after
authorization to proceed is received from the CLIENT.
Activity A: Prepare Permit Application and Provide Administrative Review Support
This initial activity includes four tasks. These tasks are described below.
Task 1: Obtain and Review Information
ENGINEER will review the information available from the previous permit application for the WRC
and will determine what additional information is needed. ENGINEER will prepare, and submit to
CLIENT, a request for information. Requested information will include, but not be limited to
effluent quality data, soils data for overland flow site, and industrial pretreatment program
information. ENGINEER will review the information to verify that it meets TCEQ requirements. If
EXHIBIT"A"
Page 1 of 6
Revised October 3,2016
•
•
necessary, additional information will be requested by ENGINEER. CLIENT is responsible for the
costs associated with all effluent analyses.
Task 2: Prepare Permit Application
ENGINEER will prepare a renewal permit application. Relevant information obtained in Task 1
will be entered into the appropriate TPDES permit application form by ENGINEER. The
application forms required are the Domestic Administrative and Technical Reports.
Required attachments to the application will be prepared. Attachments required by the TPDES
permit application include, but are not limited to,two original USGS topographic maps with details
labeled, and a Supplemental Permit Information Form.
Two copies of the application will be provided to CLIENT for review. After receipt of comments
from the CLIENT, the application will be revised by ENGINEER, as appropriate. An original and
six copies of the final application will be provided to CLIENT. Per TCEQ requirements,the original
and three copies of the application must be submitted to the TCEQ. If requested to do so,
ENGINEER will submit the original and three copies of the application to the TCEQ on behalf of
CLIENT.
The application must include a copy of a check payable to the TCEQ. TPDES permitting fees will
be the responsibility of CLIENT.
Task 3: Provide Support for Administratively Complete Application
The TCEQ will perform an administrative review of the permit application. The administrative
review may also include a limited technical review. The TCEQ will advise CLIENT of the results
of the administrative review. If required, ENGINEER will assist CLIENT in preparing a response
to the administrative review comments. Once the TCEQ is satisfied that all of the required
information has been included,the TCEQ will declare the permit application to be administratively
complete.
CLIENT will be instructed to publish a notice of intent to obtain a permit. The notice is required
to be published in one or more local newspapers, and possibly in an alternative language
newspaper. The determination of whether the alternative language publication is required for the
renewal will be made during Task 1 of this activity. Publication of the notice and associated fees
will be the responsibility of CLIENT.
ACTIVITY B: Assist in Processing the Permit Application through the Texas Commission
on Environmental Quality
This activity includes two tasks. The amount of work required to complete Activity B cannot be
determined precisely. Activity B, therefore, provides for a reasonable level of effort to complete
the permit renewal without changes. If required to provide more support than anticipated by the
budget for Activity B, ENGINEER will be entitled to additional compensation. Activity B tasks are
described below.
Task 1: Provide Technical Support during Application Processing
ENGINEER will provide support during the completion of the TCEQ technical review and
processing of the permit application. Support may include telephone conversations with TCEQ
staff during the review process to answer questions regarding the application. When all technical
reviews are completed, TCEQ will prepare an initial draft permit and provide a copy to CLIENT
for review. ENGINEER will review the draft and assist CLIENT in the preparation of a written
response to the TCEQ. This scope is based on one draft permit review cycle. If additional cycles
EXHIBIT"A"
Page 2 of 6
Revised October 3,2016
of draft permit review are required to complete the permitting process, it may be necessary to
amend the scope and budget. The ENGINEER will inform the CLIENT if a modification of the
scope and/or budget is necessary.
CLIENT will be required to publish a notice of the draft permit in one or more local newspapers,
and possibly in an alternative language newspaper. The determination of whether the alternative
language publication is required for the renewal will be made during Task 1 of Activity A.
Publication of the second notice and associated fees will be the responsibility of CLIENT.
Task 2: Communications during Application Processing
This task includes occasional telephone communications between ENGINEER and the TCEQ to
discuss the status of the agency's review. It also includes conference calls with CLIENT during
the technical review process to discuss application status and, as necessary, to develop
strategies for responding to permit provisions proposed by TCEQ in the draft permit. ENGINEER
will prepare for,and participate in one meeting with the CLIENT and TCEQ to discuss appropriate
provisions for the next permit. The budget prepared for this task assumes this meeting will be
conducted in Austin.
Phase II: General Regulatory Support
From time to time the CLIENT may be faced with specific regulatory issues at one WWTP or
another or regulatory issues within the collection system associated with the WWTPs. At the
CLIENT's request, ENGINEER will provide support to respond to such issues. It is not possible
to anticipate all the requirements this phase of services may entail. Potential general regulatory
issues will be performed at the direction of the CLIENT and include, but are not limited to, the
following:
• Telephone conference calls or meetings with CLIENT's representatives to discuss regulatory
or compliance issues, including new regulations or implementation procedures, water quality
standards changes, potential impact on the CLIENT of proposed new regulations or
standards, enforcement actions of the TCEQ or EPA, etc.
• Telephone calls or meetings with TCEQ representatives or other regulatory agencies
regarding regulatory or compliance issues
• Assisting with review or evaluation of water quality documents related to the CLIENT's
receiving water bodies, including researcher reports, Total Maximum Daily Load (TMDL)
reports or implementation plans, or other relevant documents that could impact the City's
wastewater system directly or indirectly.
• Assisting the CLIENT with review of TCEQ inspection reports, responses to TCEQ
correspondence related to the collection system or wastewater treatment plants, or other
related actions from regulatory agencies.
• Assisting the CLIENT with other planning, design, or other issues related to regulatory
compliance within the CLIENT's wastewater collection or treatment system.
The ENGINEER will only provide these services as requested and directed by the CLIENT. Phase
II services will generally be short-term requests for assistance. If the CLIENT's request for
regulatory assistance is likely to result in significant effort on the part of the ENGINEER, a
separate scope will be prepared as ADDITIONAL SERVICES at the request of the CLIENT.
EXHIBIT"A"
Page 3 of 6
Revised October 3,2016
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Phase III: Multi-Sector General Permit Support
The ENGINEER will finalize reauthorizations of the Multi-Sector General Permit (MSGP)for the
CLIENT's wastewater treatment plants, and assist the CLIENT with implementation of the MSGP
and with the associated Storm Water Pollution Prevention Plans (SWPPPs)for each wastewater
treatment plant. Such activities will be at the direction of the CLIENT, and may include, but are
not limited to, the following:
• Finalizing reauthorizations of the MSGP for the six plants operated by the CLIENT. This
includes completion of updated SWPPPs and assistance with submitting a Notice of Intent
for each plant.
• Providing training to wastewater staff regarding storm water management basics,
compliance with the MSGP and SWPPP, monitoring techniques and requirements, and
other relevant topics.
• Providing assistance with permit-required stormwater facility inspections.
• Providing assistance with monitoring storm water events.
• Coordinating with TCEQ regarding regulatory issues or alleged violations of the MSGP.
• Providing coordination with the CLIENT's Municipal Separate Storm Sewer System(MS4)
permit requirements.
• Assisting with planning, design, or other issues related to stormwater regulatory
compliance.
The ENGINEER will provide these services as requested and directed by the CLIENT. If the
CLIENT's request for regulatory assistance is likely to result in significant effort on the part of the
ENGINEER, a separate scope will be prepared as ADDITIONAL SERVICES at the request of the
CLIENT.
II. SCHEDULE
Because the TPDES permits for the six plants expire at unique times, the applications that must be
submitted for renewals are likewise due at different times(i.e., six months prior to permit expiration). The
ENGINEER will prepare permit renewal applications (i.e., Phase I, Activity A services) according to the
following schedule:
EXHIBIT"A"
Page 4 of 6
Revised October 3,2016
Plant Anticipated Start Date for Anticipated Application
Preparation of the Submission Date
Application
New Broadway Application preparation(Activity A)was included in the original scope
for this project; The initial part of permit processing support (Activity
B)was included as part of this Amendment No. 1 to the contract.
Greenwood July 1, 2016 December 2, 2016
Whitecap August 1, 2016 January 1, 2017
Allison June 1, 2017 November 1, 2017
Laguna Madre May 1, 2019 October 3, 2019
Oso Permit amendment underway at this time; work is being covered
under separate contract.
Activity B (support during permit application processing) will begin once the submitted application is
declared by the TCEQ to be Administratively Complete. The time required for Activity B cannot be
anticipated because processing is done by the TCEQ and generally out of the control of the CLIENT or
ENGINEER. However, a nine-to 12-month period for processing a renewal application is typical.
Based on this schedule,TPDES applications will be prepared and processed on the following fiscal year
(FY) schedule:
Plant Activity A Activity B
New Broadway Completed previously FY15/16 & FY16/17
Greenwood FY15/16 & FY16/17 FY16/17 & FY17/18
Whitecap FY15/16 & FY16/17 FY16/17 & FY17/18
Allison FY16/17 & FY17/18 FY17/18
Laguna Madre FY18/19 FY18/19 & FY19/20
Oso Not anticipated* Not anticipated*
*An application for the Oso permit is not anticipated to be needed under this contract. .
Phase II services do not have a specific contract schedule as they are provided on an as needed and
as-requested basis.
The MSGP reauthorizations are due to the TCEQ by November 14, 2016. Other Phase III services
(e.g., assistance with training, inspections, monitoring, etc.)do not have a specific contract schedule as
they are provided on an as-requested basis.
EXHIBIT"A"
Page 5 of 6
Revised October 3,2016
III. FEES
The anticipated budget for FY16/17 is based on the required schedule for the year, which includes the
following:
• Completion of TPDES permit applications for Greenwood WWTP and Whitecap WWTP (Phase
I, Activity A services)
• Initiation of TPDES permit application for Allison WWTP (Phase I, Activity A services)
• TPDES permit processing support for New Broadway WWTP, Oso WWTP, Greenwood WWTP,
and Whitecap WWTP (Phase I, Activity B services)
• A budgeted amount for general regulatory support (Phase II services)
• Multi-Sector General Permit regulatory support for all six plants (Phase III services)
The FY16/17 budget (i.e., the second amendment to the original contract) is as follows:
Plant(s) Phase I Services Phase II Phase III
(TPDES Permitting) Services Services
Activity A Activity B (General (Multi-Sector
Regulatory General Permit
Support) Support)
New Broadway $0 $10,000 -- --
Greenwood $7,000 $15,000 -- --
Whitecap $8,000 $15,000 -- --
Allison $25,000 $0 -- --
Laguna Madre $0 $0 -- --
Oso $0 $0 -- --
All Plants -- -- $40,000 $40,000
Phase/Activity Totals $40,000 $40,000 $40,000 $40,000
Amendment No. 1 Total $160,000
This is a time and material budget for this project, based on the anticipated scope previously described.
Future fiscal year budgets will be established in accordance with a schedule determined by the CLIENT
and ENGINEER and based on permitting and regulatory needs of the CLIENT.
The total anticipated fee for Amendment No. 2 is$160,000.00. This amount covers services for FY 16/17.
The total anticipated fee, including the original contract and Amendment No. 1 is $367,000.00. Future
amendments to this contract to add BASIC SERVICES related to regulatory support for the City's
wastewater plants will be negotiated each year.
EXHIBIT "A"
Page 6 of 6
Revised October 3,2016
•
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EXHIBIT B
SAMPLE PAYMENT REQUEST FORM
Sample form for
COMPLETE PROJECT NAME Payment Request
Revised 07127/00
Project No.XXXX
Invoice No.12345
Invoice Date:
Total Amount Previous Total Percent
Basic Services: Contract Amd No.1 Amd No.2 Contract Invoiced Invoice Invoice Complete
Preliminary Phase $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100%
Design Phase 2,000 1,000 0 3,000 1,000 500 1500 50%
Bid Phase 500 0 250 750 0 0 0 0%
Construction Phase 2,500 0 1,000 3,500 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 $3,000 23%
Contract for Professional Services
Exhibit B
EXHIBIT B-1
CONFIDENTIAL RATE SHEET
Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release
of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the
TX Govt. Code protects third party commercial and financial information if release of the information
would cause the third party substantial competitive harm. Final determination of confidentiality will be
made by the Texas Attorney General.
DOCUMENTATION OF PROVISIONAL/OVERHEAD RATES: Overhead rate documentation has been
provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates
below.
PRINCIPALS: The Consultant must provide documentation with each payment request that clearly
indicates how a Principal's time is allocated and the justification for that allocation.
PRINCIPAL(S): HOURLY RATE ($/hr) TX REGISTRATION #:
Project Consultant:
CAD Technician:
Clerical:
Other—specify:
SUBCONSULTANT(S):
(firm)
Principal(s):
Project Consultant:
CAD Technician:
Clerical
Other—specify:
Add additional subconsultants as needed.
Contract for Professional Services
Exhibit B-1
EXHIBIT "C"
Insurance Requirements
Pre-Design, Design and General Consulting Contracts
1.1 Consultant must not commence work under this agreement until all required
insurance has been obtained and such insurance has been approved by the City.
Consultant must not allow any subcontractor to commence work until all similar insurance
required of any subcontractor has been obtained.
1.2 Consultant must furnish to the Director of Engineering Services with the signed
agreement a copy of Certificates of Insurance(COI)with applicable policy endorsements
showing the following minimum coverage by an insurance company(s) acceptable to the
City's Risk Manager. A waiver of subrogation is required on all applicable policies.
Endorsements must be provided with COI. Project name and or number must be
listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, Bodily Injury and Property Damage
required on all certificates or by Per occurrence - aggregate
applicable policy endorsements
PROFESSIONAL LIABILITY $1,000,000 Per Claim
(Errors and Omissions)
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
1 Rev 07/16
• • • ': t
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 of 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.
2 Rev 07/16