HomeMy WebLinkAboutC2017-491 - 11/7/2017 - Approved 1
CITY OF CORPUS CHRISTI
CONTRACT FOR PROFESSIONAL SERVICES
FOR PROJECT E17082 ALLISON BASIN WASTEWATER MASTER PLAN UPDATE
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 Freese and Nichols, Inc., a Texas corporation, 800 North Shoreline Boulevard, Suite
1600N, Corpus Christi, Nueces County, Texas 78401, (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
EXHIBITS
2017-491
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Freese and Nichols Inc.
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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. 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 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 Exhibit-F.
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.
1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective
contractors, subcontractors and suppliers.
1.7 For projects that require subsurface utility investigation:
1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60%submittal a signed and
sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A and A-
1. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated
otherwise.
1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local
franchises, electric companies, communication companies, private pipeline companies and 3'1 party
owners/operators.
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1.8 For project with potential utility conflicts:
1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts.
1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City.
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
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.
2.3 Final construction documents that do not meet City standards in effect at the time of the execution of
this Agreement may be rejected. If final construction documents are found not to be in compliance with this
Agreement, 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 $67,450.
3.2 The Consultant's fee will be on a lump sum ortime 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 Consultants 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.
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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;
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 oras 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 followthe 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).
a
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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 underthis
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 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 contractors 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 Consultants 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.
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
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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.
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.
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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
Consultants 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 Consultants 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
govemments,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.
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10.2 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.
10.3 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 Consultants 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 foradditional 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.
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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.
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 attorneys 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.
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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
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 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:llwww.ethics.state.tx.uslwhatsnewlelf_info_form1295.htm. The form must then be printed, signed,
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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:/iwww.cctexas.com/govemment/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 I-XIII of this Agreement(Articles),
the Articles shall take precedence and control to resolve said conflict.
CITY OF CO; Uz C I I FREESE AND NICHOLS,INC.
- • ' 17/7 2 fc._ 4:; rl
Je H. Edmonds, P.E. a Ron uzman,P.E. Date
Director of Engineering Services Principal
800 N. Shoreline, Blvd., Suite 1600N
Corpus Christi,TX 78401
(361)561-6500 Office
(361)651-6501 Fax
APPROVED AS TO LEGAL FORM rg@freese.com
) '%``r 10/25/17
Assistant City Attorney Date
-
p 1 HUKItc`
ATTEST
T COHIfCiI
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ELL-C-64--tiC.R.DA1
City Secretary (DateSECRETARY
Project Number E17082 it/ L i / � I
Accounting Unit 4200-33000-042
Account 530000
Activity El 7082-01-4200-EXP
Account Category 30000
Fund Name Wastewater Operating
Amount$67,450
Page 11 Rev.17-9
K,ENO:NEERINO OATAE%C31ANQEVENNIFER1WA3TEWATE ETTQG2 ALLISON BASIN WW MASTER PLAN UPOAMCIINTRACINCXINTRACT DOC
FR E E S EInnovative approaches
f IPractical results
Outstanding service
10431 Morado Circle,Suite 300 • Austin,Texas 78759 • 512-617-3100 • fax 512-617-3101 www.freese.com
September 18, 2017
Mr.Jiangang(Daniel) Deng, P.E.
Major Projects Engineer
City of Corpus Christi
P. 0. Box 9277
Corpus Christi,TX 78469-9277
Re: Allison Basin Wastewater Master Plan Update
Freese and Nichols Professional Services Proposal
Dear Mr. Deng,
Freese and Nichols, Inc. (FNI) is pleased to provide our Allison Basin Wastewater Master Plan Update
professional services proposal.
Project Understanding:
Freese and Nichols, Inc.(FNI) understands that the City of Corpus Christi(City)requires an amendment to
the Wastewater Master Plan in the northwest portion of the service area in the Allison WWTP Basin. City
Planning staff will provide updated Land Use Assumptions for the study area that includes residential
population and non-residential acreages. It is assumed that the City's SewerGEMS hydraulic model is a
reasonable representation of the existing collection system in the Allison WWTP Basin and that the model
will not require significant updates or calibration.
The purpose of this Wastewater Master Plan Amendment study is to update the land use assumptions
and flow projections in the study area, utilize the hydraulic model to assist with the identification of
phased collection system improvements to serve projected flows, and to develop planning level cost
estimates for recommended improvements. The assumptions, methodology,and recommendations will
be summarized in a technical memorandum.
Basic Services:
1. Data Collection and Review: A data request memorandum will be prepared and submitted to
the City. FNI will review and analyze available data that is pertinent to the study area. Data
requested may include previous Wastewater Master Plan documents, the hydraulic model,
historical flow data,and development plans.
Exhibit A
Page 1 of 3
•
•
Page 2
2. Update Wastewater Flow Projections in Study Area: FNI will update the wastewater flow
projections for existing,2025,and buildout conditions in the study area based on updated land
use assumptions and selected design criteria(gpcd, peaking factor)from the 2004 Wastewater
Master Plan.
3. Conference Call: FNI will conduct a conference call with City staff to review updated land use
assumptions and flow projections. FNI will solicit comments on the flow projections and make
revisions as needed based on direction from the City.
4. Basin Delineation: FNI will evaluate the study area to determine potential sub-basin boundaries
that will allow smaller lift stations or phased improvements that extend further out from the
existing collection system.
5. Hydraulic Analysis: FNI will utilize the City's SewerGEMS model to perform hydraulic analysis of
the wastewater collection system and its ability to convey projected peak flows. FNI will
evaluate the impacts of the updated flow projections on local and downstream conveyance
infrastructure. FNI will perform hydraulic modeling for existing, 2025, and buildout peak wet
weather flow conditions.
6. Development of Improvement Alternatives: FNI wilt utilize the hydraulic modeling analysis
results to evaluate improvement alternatives to convey projected peak flows.The improvement
alternatives will be evaluated with considerations for maximizing existing infrastructure and
phasing improvements to defer capital costs.
7. Progress Meeting: FM will attend a meeting with City staff to discuss the hydraulic analysis and
improvement alternatives. FNI will solicit comments on the proposed improvements and make
revisions as needed based on direction from the City.
8. Cost Estimates: FNI will update the capital improvements plan (CIP) for the study area and
provide planning level cost estimates in 2017 dollars for the proposed improvements.
9. System Mapping: FNI will create an overall map showing the proposed improvements in the
study area. Block maps will also be provided using the same template as the current Allison
Basin Wastewater Master Plan so that the sheets with revised improvements can be replaced
in the current plan. Shapefiles of the proposed improvements will be provided to the City.
10. Technical Memorandum: FNI will develop a technical memorandum (TM)summarizing the
assumptions,methodology and findings of the study. FNI will deliver one(1)electronic PDF copy
of the TM.
Special Services:
A. Update Land Use Assumptions in Study Area: Based on development information received,FNI will
update the land use assumptions for the service area to be defined by the City. Residential units
and commercial acreages for existing,2025,and buildout conditions will be identified within the
service area.
B. Stakeholder Meetings: FM will attend up to three meetings with the Planning and Zoning
Committee and/or City Council to discuss the results of the study. FNI will prepare presentations
and/or meeting materials as needed.
Exhibit A
Page 2 of 3
•
Page 3
Freese and Nichols, Inc. proposes to perform the scope of services listed above for the lump-sum fee of
Fifty-Three Thousand Nine Hundred Dollars($53,900). An additional allowance for Special Services to be
authorized as needed for a fee not to exceed Thirteen Thousand Five Hundred Fifty Dollars($13,550)as
shown in the table below:
Basic Services Fees
A. Basic Services $53,900.00
B. Special Services $13,550.00
Total Authorized Fee $67,450.00
Project Schedule:
• Deliver Technical Memorandum within three months of City providing Land Use Assumptions for
the study area
We look forward to working with your team on this project. Please feel free to contact me at 512-617-
3192 if you have any questions.
Respectfully,
Freese and Nichols,Inc.
It} I�r it1rl Sri
Stephanie Neises, P.E.
Project Manager
1 r_
Ron Guzran, P.E.
Vice President/Principal
Exhibit A
Page 3 of 3
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•
EXHIBIT B-1
CONFIDENTIAL RATE SHEET
Rate sheets are confidential pursuant to section 552.104 of the Texas Government
Code since release of this information would give advantage to a competitor or bidder.
In addition, section 552.110 of the TX Govt Code protects third party commercial and
financial information if release of the information would cause the third party substantial
competitive harm. Final determination of confidentiality will be made by the Texas
Attorney General.
DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate
documentation has been provided to the City of Corpus Christi and was utilized in
reviewing and approving the loaded hourly rates below.
PRINCIPALS; The Consultant must provide documentation with each payment request
that clearly indicates how a Principal's time is allocated and the justification for that
allocation.
PRINCIPAL(S): ' HOURLY RATE TX REGISTRATION#:
($/hr)
Project Consultant:
CAD Technician: i
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
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. Bests
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
Contract for Professional Services
Exhibit C
•
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 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.
1.6.2 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 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 anyway 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 Consultants 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.
Contract for Professional Services
Exhibit C
•
SUPPLIER NUMBER
TO BE ASSIGNED BYCiTY
= PURCHASING DIVISION
City of CITY OF CORPUS CHRISTI
Corpus DISCLOSURE OF INTEREST
Christi
City of Corpus Christi Ordinance 17112 as amended,requires all persons or firms seeking to do
business with the City to provide the following information. Every question must be answered.
If the question is not applicable, answer with 'NA". See reverse side for Filing Requirements,
Certifications and definitions.
COMPANY NAME: Freese and Nichols,Inc.
P.O.BOX:
800 N.Shoreline Blvd., 78401
STREET ADDRESS: Suite 1600N CITY: Corpus Christi ZIP:
FIRM IS: I. Corporation ® 2. Partnership e 3. Sole Owner 0
4. Association 5. Other
DISCLOSURE QUESTIONS
If additional space is necessary,please use the reverse side of this page or attach separate sheet.
1. State the names of each employee" of the Cityof Corpus Christi having an "ownership
interest"constituting 3%or more of the ownership in the above named"firm.'
Name Job Title and City Department(if known)
N/A
2. State the names of each'official"of the City of Corpus Christi having an"ownership interest"
constituting 3%or more of the ownership in the above named"firm."
Name Title
N/A
3. State the names of each"board member"of the City of Corpus Christi having an"ownership
interest"constituting 3%or more of the ownership in the above named"firm."
Name Board,Commission or Committee
N/A
4. State the names of each employee or officer of a"consultant" for the City of Corpus Christi
who worked on any matter related to the subject of this contact and has an 'ownership
interest"constituting 3%or more of the ownership in the above named"firm."
Name Consultant
N/A
•
FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will confer an
economic benefit on any City official or employee that is distinguishable from the effect that the
action will have on members of the public in general or a substantial segment thereof,you shall
disclose that fact in a signed writing to the City official,employee or body that has been
requested to act in the matter,unless the interest of the City official or employee in the matter is
apparent. The disclosure shall also be made in a signed writing filed with the City Secretary.
[Ethics Ordinance Section 2-349(d)]
CERTIFICATION
I certify that all information provided is true and correct as of the date of this statement,that I
have not knowingly withheld disclosure of any information requested; and that supplemental
statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur.
Certifying Person: Ron Guzman,P.E. Title: Principal
(Type or Print)
Signature of Certifying r' Date: 2•Z$•t'`
Person:
DEFINITIONS
a. "Board member." A member of any board, commission, or committee appointed by the
City Council of the City of Corpus Christi,Texas.
b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to
have an effect on that interest that is distinguishable from its effect on members of the public
in general or a substantial segment thereof.
c. "Employee." Any person employed by the City of Corpus Christi,Texas either on a full or
part-time basis,but not as an independent contractor.
d. "Firm." Any entity operated for economic gain, whether professional, industrial or
commercial, and whether established to produce or deal with a product or service, including
but not limited to, entities operated in the form of sole proprietorship, as self-employed
person,partnership,corporation,joint stock company,joint venture,receivership or trust,and
entities which for purposes of taxation are treated as non-profit organizations.
e. "Official." The Mayor, members of the City Council, City Manager, Deputy City
Manager, Assistant City Managers, Department and Division Heads, and Municipal Court
Judges of the City of Corpus Christi,Texas.
f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held,
in a firm, including when such interest is held through an agent, trust, estate, or holding
entity. "Constructively held" refers to holdings or control established through voting trusts,
proxies,or special terms of venture or partnership agreements."
g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of
Corpus Christi for the purpose of professional consultation and recommendation.
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1. Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2017-260510
Freese and Nichols, Inc.
Corpus Christi,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 09/13/2017
being filed. :/
City of Corpus Christi Date A nowt ged: j
3 Provide the identification number used by the governmental entity or state agency to track or identify the co act, d provide a
description of the services,goods,or other property to be provided under the contract.
Allison WW
Provide Professional Engineering services as requested by the City of Corpus Christi relating to the Allison Basin Wastewater
Master Plan Update project.
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling 1 Intermediary
Hatley,Tricia Oklahoma City, OK United States X
Cole,Scott Fort Worth,TX United States X
Coltharp, Brian Fort Worth,TX United States X
New,John San Antonio,TX United States X
Taylor,Jeff Houston,TX United States X
Milrany,Cindy Fort Worth,TX United States X
Pence, Robert Fort Worth,TX United States X
Nichols, Michael Fort Worth,TX United States X
Gooch,Thomas Fort Worth,TX United States X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure Is true and correct.
/
.N�'��; LISA BOGGS
<\----2— ,----
'F' �� NotaryPublic,State of Texas
L*). My Commission Expires
Ec, r
.......
a+w' 06/25/2019
Signature o .uthorized a.ent of contracting business entity
AFFIX NOTARY STAMP I SEAL ABOVE
r1 [ l (,�,,�
Sworn to and subscribed before me,by the said 6L t_2.- I 1 ,this the ( '7 day of, ti ,-
t
20 1 ,to certify which,witness my hand and seal of office. r
a
ignature of.fflcer ad .0 bring oath Printed name of officer,Jwktistering oath Title of officer, NkYt a ministering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337