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
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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
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Contract for Professional Services
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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
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CONTRACTICONTRACT 2DOC
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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
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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
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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
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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
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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
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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
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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
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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"
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