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HomeMy WebLinkAboutC2017-562 - 11/16/2017 - NA CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277(City)acting through its duly authorized City Manager or Designee (Director of Engineering Services) and Frank Brogan Consulting, a sole proprietorship, 200 Normandy Avenue, San Antonio, TX 78209, (Consultant), hereby agree as follows: 1. SCOPE OF PROJECT Seawater Desalination — Project Coordination Services (Project No. E15117) - This Project provides for the services described in Exhibit A. 2. SCOPE OF SERVICES The Consultant hereby agrees to perform services to complete the Project, as detailed in Exhibit A. In addition, Consultant will provide monthly status updates(project progress or delays presented with monthly invoices) and provide contract administration services, as described in Exhibit A,to complete the Project. Work will not begin on Additional Services until requested by the Consultant (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3. ORDER OF SERVICES The Consultant agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit A. This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. FEE The City will pay the Consultant a fee as described in Exhibit A for providing services authorized, a total fee not to exceed $49,900.00. Monthly invoices will be submitted in accordance with Exhibit B. 2017-562 11/16/17 Contract for Professional Services Page 1 of 8 ERWVATER\E15117 CITY OF CC OWNERS REPRESENTATIVE FOR INDUSTRIAL SEAWATER OESALINATIONIBROGAN Frank Brogan Consulting INDEXED 5. INDEMNITY Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs,to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement.This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee,with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. 6- INSURANCE Contract for Professional Services Page 2 of 8 K ENGINEERING DATAEXCFANGEVENNIFERIWATEWE15117.CITY OF CC OWNERS REPRESENTATIVE FOR INDUSTRIAL SEAWATER DESALINATION18ROGAN CONTRACTCONTRACT 2DOC • • PPE-CW-INSURANCE Pored,. gate & 2. Prcmiscs Oporationa 4. Contractual Liability Sr tridertendent-Gentraeters AUTO AQ TY /including\ 4, J C �d 3, Rented/Leased PROFESSIONAL LIABILITY $ 999 90-Per Claim tErrers-antl-Omiesienet $2,0034200-Aggregate limits) -- - - - ' - -- insured. - - - - - Statutory Aomicilod in Toxacr - - -- - Contract for Professional Services Page 3 of 8 KIENGINEERING DATAEXCHANGEUENNIFERIWATERIE15117 CITY OF CC OWNERS REPRESENTATIVE FOR INDUSTRIAL SEAWATER DESALINATIONIBROGAN CONTRACTICONTRACT 2 DOC • P.O. Box 0277 Corpus Christi, TX 78460 0277 - - - 6.7.3 Contract for Professional Services Page 4 of K\ENGINEERING DATAEXOHANGEVENNIFERIWATER1E15117 CITY OF CC OWNERS REPRESENTATIVE FOR INDUSTRIAL SEAWATER DESALINATIOWBROGAN CONTRACTICONTRACT 2DOC • te 7. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the Consultant at the address of record. In this event, the Consultant will be compensated for its services on all stages authorized based upon Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. 8. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. 9. ASSIGNABILITY The Consultant will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City,except for routine duties delegated to personnel of the Consultant staff. If the Consultant is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 10.OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the Consultant without the express written consent of the Director of Engineering Services. However, the Consultant may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re-use of modified plans. Contract for Professional Services Page 5 of N ENGINEERING DATAEXCHANGEVENNIFERMATERE15117 CITY OF CC OWNER'S REPRESENTATIVE FOR INDUSTRIAL SEAWATER DESALINATIOFABROGAN CONTRACTICONTRACT 2 DCC 11 .STANDARD OF CARE Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 12.DISCLOSURE OF INTEREST - -• - - • - - '' e e•.: ..• • —• - — - - . _ • • a - . • - \ e. - - complete the Disclosure of Interests form as part of this contract. 13.CERTIFICATE OF INTERESTED PARTIES For contracts that exceed $50,000, Consultant agrees to comply with Texas Government this agreement contracts with cities. These interested parties include: a- an ownership interest or participating interest in a business entity by virtue of not more than 10 members; or (2) . - e - . •. .. :. - - . ' . • - - - • - - • se - - -- of a contract with a governmental entity or state agency, including a broker, Form 1295 must be electronically filed with the Texas Ethics Commission at 14.CONFLICT OF INTEREST Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index. Contract for Professional Services Page 6 of 8 K.\ENGINEERING DATAEXCHANGEUENNIFER\WATER1E15117 CITY OF CC OWNER'S REPRESENTATIVE FOR INDUSTRIAL SEAWATER DESALINATION\BROGAN CONTRACT\CONTRACT 2 DOC 15.ENTIRE AGREEMENT AND CONTROLLING LAW This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 16.CONFLICT RESOLUTION BETWEEN DOCUMENTS Consultant hereby agrees and acknowledges if anything contained in the Consultant- prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. Contract for Professional Services Page 7 of 8 N'ENGINEERING DATAEXCHANGEUENNIFERIWATER\E15117 CITY OF CC OWNERS REPRESENTATIVE FOR INDUSTRIAL SEAWATER DESALINATIOMBROGAN CONTRACTICONTRACT 2 DOC CITY OF CORPUS CHRISTI FRANK BROGAN CONSULTING Jitcura t.� 0 .5?6.4.1., 11/11-0/17 �C , I I- Is-l7 Margie C. Rose Date Frank C. Brogan Date City Manager 200 Normandy Avenue San Antonio, TX 78209 911 16 �7 Mark2 'q/- Vleck Date Assistant City Manager ill & , Ail 11�1(e l-7 terie H. cray, P.E. Date Executive Di •r ublic Wor z. (Li ) /% 7 _ _ ii /6 /7 ff H. Edmonds, P.E. Date Director of Engineering Services APPROVED AS TO LEGAL FORM - ll4—) 7 sistant City Attorney Date Project Name: Seawater Desalination - Project Coordination Services Project Number: E15117 Accounting Unit: 4481-061 Account: 550950 Activity: E15117-01-4481-EXP Account Category: 50950 Fund Name: RWSupplyDvChgCIP Amount: $49,900 Contract for Professional Services Page 8 of 8 K\ENGINEERING DATAEXCHANGEUENNIFER\WATER\E15117 CITY OF CC OWNER'S REPRESENTATIVE FOR INDUSTRIAL SEAWATER DESALINATION\BROGAN CONTRACT\CONTRACT 2 DOC • FRANK BROGAN CONSULTING 200 NORMANDY AVE. SAN ANTONIO,TEXAS 78209 361-816-6637 November 13,2017 Mr. Mark Van Vleck, P.E. Assistant City Manager Public Works& Utilities City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Subject: Proposal for Desalination Project Coordination Services Dear Mark: It was very good to speak with you and the City Manager, Margie Rose, last Friday regarding the current status of the City's proposed desalination plant and the City's need for my services in connection with this project. I appreciate the update and your thinking of me. From our discussions, I understand the City applied for and has been granted a $2.7 million low interest loan from the Texas Water Development Board to get this project"shovel ready"(i.e. ready to advertise and award a design/build contract). On October 2691, the Mayor asked local industry to commit to repaying the full cost of this loan if the City moves forward with this next phase of work. An agreement committing to repay the loan is needed from industry before the City authorizes Freese and Nichols (the City's consulting engineer)to proceed with this next phase of the project. The Mayor established the due date for obtaining this commitment as March 2, 2018. The timing and method of repayment will need to be worked out with industry. I understand the City needs someone to help coordinate this project and supplement City staff s efforts to move this project forward during the next four to six months. It will be a very challenging assignment given the number of involved stakeholders,their individual needs for water and different corporate strategies for obtaining same. There is simply no way to know if local industry will in fact agree to the Mayor's request. They may not agree and in that case the City may have to consider its other options. Based on our discussions, I have prepared the following proposal with a scope of work,cost and schedule for providing these coordination services: 1 EXHIBIT A Page 1 of 3 • Scope of Work: 1. Attend desalination project meetings with the City, its consultants, local industry, Port of CC, regional water suppliers and other involved parties. 2. Meet with Freese and Nichols to get an update on their work on this project. 3. Review existing reports on the proposed desalination project. 4. Review the City's TWDB loan application for the proposed project. 5. Review Freese and Nichol's scope of work documents for the next phase of the project. 6. Review and comment on draft ordinances related to proposed water rates and curtailment provisions for major water customers. 7. Review effluent reuse proposals and research what other municipalities are doing on similar projects. 8. Evaluate the desalination plant recently constructed by M&G Chemicals to see if there are any opportunities for the City to acquire part or all of this facility to meet the City's needs. 9. Assist the City in negotiating new agreements(i.e. commitment agreements)with local industry. 10. Keep the City staff informed on the status of the desalination project discussions and provide recommendations for courses of action necessary to the project. 1 I. Attend and brief the City Council when requested by City staff. Basis for Compensation: The above work will be performed and billed on an hourly basis with a not to exceed cost of$49,900. I will bill the City on a monthly basis using my normal billing rates of$250.00 per hour for all working time and a reduced rate of$75.00 per hour for travel time(i.e. time spent travelling to and from my home in San Antonio) plus any reimbursable expenses(i.e. mileage, meals, hotel, etc.). I will not exceed this limit without your prior authorization. 2 EXHIBIT A Page 2 of 3 • Schedule: I am prepared to start work immediately upon your authorization to proceed. I will plan on attending the meeting with the City, Port and Industry stakeholders on November 16'h as you suggested. I will also initiate contact with a few key individuals to get an update on recent desalination project developments and other water supply issues. Please forward any documents that you think I should review. The expected duration of my services is four to six months given the commitment deadline stated above. If the City needs my services following this period,we can certainly discuss my continued involvement. Please let me know if you have any questions or need additional information. If this meets with your approval, please indicate your acceptance below. I very much appreciate the chance to work with the City of Corpus Christi on this assignment. Sincerely, Frank C. Brogan Approval by Client- City of Corpus Christi : Mark Van Vleck, P.E. Assistant City Manager Public Works& Utilities File.c City of CC Desal Project\Proposal for Desalination Project Coordination 3 EXHIBIT A Page 3 of 3 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees Contract Amd No. 1 COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 0110112017 Amd No. 2 Total Contract $1,000.00 $0.00 $0.00 $1,000.00 $2,000.00 $1,000.00 $0.00 $3,000.00 $500.00 $0.00 $250.00 $750.00 $2,500.00 $0.00 $1,000.00 $3,500.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $0.00 $2,000.00 $0.00 $0.00 $2,000.00 $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $1,627.00 $1,627.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000.00 $1,120.00 $1,627.00 $4,747.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $2,000.00 $1,120.00 $1,627.00 $4,747.00 $8,000.00 $2,120.00 $2,877.00 $12,997.00 Current Invoice Previous Invoice Total Invoice $0.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,500.00 $2,500.00 0.0% $500.00 $0.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD $500.00 $0.00 $500.00 $1,000.00 $1,500.00 $2,500.00 $500.00 $0.00 $500.00 $1,500.00 $1,500.00 $3,000.00 Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M). Sample form for: Payment Request AE Contract Revised 02/01/17 Remaining Balance Percent Complete $0.00 100.0% $1,500.00 50.0% $750.00 0.0% $3,500.00 0.0% $5,750.00 30.3% $1,500.00 25.0% $1,120.00 0.0% $1,627.00 0.0% TBD TBD TBD TBD TBD TBD $4,247.00 10.5% $5,750.00 30.3% $4,247.00 10.5% $9,997.00 23.1% EXHIBIT "B" Page 1 of