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HomeMy WebLinkAboutC2019-034 - 2/5/2019 - NA CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES AMENDMENT NO. 5 The City of Corpus Christi, Texas, a Texas home-rule municipal corporation ("City") and Alan Plummer Associates, Inc. ("Consultant"), agree to enter into this Amendment No. 5 to the Contract for Professional Services for Wastewater Permit Assistance (Proiect No. E15208): Original Contract December 8, 2015 Administrative Approval $29,000 Amendment No. 1 January 26, 2016 Motion No. M2016-011 $178,000 Renewal No. 1, Amendment No. 2 January 30, 2017 Administrative Approval $160,000 Renewal No. 2, Amendment No. 3 November 29, 2017 Administrative Approval $160,000 Renewal No. 3, Amendment No. 4 January 14, 2019 Administrative Approval $160,000 Scope of Services shall be amended as set forth in the attached Amendment No. 5, Exhibit A. Fees shall be amended based on the modified scope of services in the attached Amendment No. 5, Exhibit A for a fee not to exceed $49,500.00, for a total restated fee not to exceed $736,500.00. All other terms and conditions of the Contract for Professional Services between the City and Consultant, and of any amendments to that contract,which are not specifically addressed herein shall remain in full force and effect. CITY OF CORP S CH- S ALAN PLUMMER ASSOCIATES, INC. ���j iyytceeh 6 t t4 Zo/°IIKeit -ImanRex H. Hunt, P.E. ate Interim City Manager Principal 5934 South Staples Street, Suite 220 Corpus Christi, TX 78413 (361) 356-8413 Office (361)452-2325 Fax rhunt@apaienv.com RECOMMaENDEQ 9 9/(V Mark an Vleck a e Assi :nt City Ma ag:r Va' - H. Gra I. . 'ate -cutive D.% or of ubli. Wor 411071L—..VAro, / 3//? eff . E•monds, P.E. D.te Director of Engineering Services V' N[;INFFRING DATAEXCHANGE\CLARISSAJ\WASTEWATER\E15208-WASTEWATER PERMIT ASSISTANCE AMENDMENT NO.5\E15208 APAI AMD 5 DOC C2019-034 2/05/19 Alan Plummer Associates Inc. sr.MiMFfl APPROVED AS TO LEGAL FORM 2019.01 .28 15:53:50 -06'00' Project Number E15208 Accounting Unit 4010-31010-062 Assistant City Attorney Date Account 530000 Activity El 5208-01-4010-EXP Account Category 30000 Fund Name Water Operating ATTEST - 57( 9 e•-cca H uerta Date City Secretary K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\WASTEWATER\E15208-WASTEWATER PERMIT ASSISTANCE'AMENDMENT NO.5\E15208 APAI AMD 5.DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS WASTEWATER PERMIT ASSISTANCE AMENDMENT NO. 5 PROJECT NO. E15208 INTRODUCTION AND BACKGROUND The CLIENT has requested an amendment of the FY 2017/2018 contract for Regulatory Support to include services related to on-call permitting and environmental engineering services for the CLIENT's potable water system (i.e., the O.N. Stevens Water Treatment Plant and the distribution system for potable water). This would be an amendment of an ongoing regulatory support contract (E15208). This will be the fifth amendment of the contract. This amendment is prepared in response to a request from the City of Corpus Christi Engineering Services to assist Water Utilities Department with these services. For the purpose of this contract amendment, the scope of services includes the following phase (added to other phases already under contract): • Phase IV: General Potable Water System Regulatory Support SCOPE OF SERVICES These services will apply to the CLIENT's water system regulatory services, as requested by the CLIENT. Activities and tasks for each phase are described following. Phase IV: General Potable Water System Regulatory Support As directed by the CLIENT, the ENGINEER will assist the CLIENT with specific regulatory support at the O.N. Stevens Water Treatment Plant (ONS) or with regulatory issues associated with the potable water distribution system. It is not possible to anticipate all the requirements this phase of services may entail. Potable water system regulatory issues will be performed at the direction of the CLIENT and include, but are not limited to, the following: • Workshops with Utilities Department staff or others to identify and discuss potential regulatory issues, process, new regulations, and future regulatory issues. It is anticipated that the workshop will be held as early in 2019 as practical and that it may identify more specific regulatory issues that need to be addressed in the coming year. • Telephone conference calls or meetings with CLIENT's representatives to discuss water system regulatory or compliance issues, including new regulations or implementation procedures, drinking water quality standards changes, potential impact on the CLIENT of proposed new regulations, enforcement actions of the TCEQ or EPA, etc. • Telephone calls or meetings with TCEQ representatives or other regulatory agencies regarding water system regulatory or compliance issues EXHIBIT"A" Page 1 of 2 • Assisting the CLIENT with review of TCEQ water system inspection reports, responses to TCEQ correspondence related to the ONS, or other related actions from regulatory agencies. • Assisting the CLIENT with review of ONS design plans prepared by other engineers to ensure that regulatory requirements associated with design changes are met. • Assisting the CLIENT with operational issues and troubleshooting related to environmental impacts or water quality issues, etc. • 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 IV services will generally be short-term requests for assistance. If the CLIENT's request for water 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. The ENGINEER will provide the services described in these phases 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 that could affect the budget, a separate scope will be prepared as ADDITIONAL SERVICES, at the request of the CLIENT. SCHEDULE Phase IV services do not have a specific contract schedule as they are provided on an as needed and as- requested basis. It is anticipated that these services will be completed within one year of Notice-to- Proceed FEES These services will be provided on a Time and Material basis, not to exceed $49,500.00. The ENGINEER will not exceed this amount without explicit written authorization from the CLIENT's Engineering Services Department. All other terms and conditions of the Contract for Professional Services between the CLIENT and CONSULTANT, and of any amendments to that contract, which are not specifically addressed herein, shall remain in full force and effect. ALAN PLUMMER ASSOCIATES, INC. P.V Id //q/20/ 1 ex H. Hunt, P.E. Date Principal 5934 South Staples Street, Suite 220 Corpus Christi, TX 78413 (361) 356-8413 Office EXHIBIT"A" Page 2 of 2 Sample form for: COMPLETE PROJECT NAME Payment AE Contract Project No. XXXX Revised 02/01/17 Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent • Basic Services: Contract Amd No. 1 Amd No. 2 Contract Invoice Invoice Invoice Balance Complete Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0% Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0% Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0% Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0% Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services: Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0% Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0% Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0% Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD 0 & M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD SCADA _ TBD TBD TBD TBD TBD TBD TBD TBD TBD Subtotal Additional Services $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Summary of Fees: Basic Services Fees $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services Fees $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Total of Fees $8,000.00 $2,120.00 $2,877.00 $12,997.00 $1,500.00 $1,500.00 $3,000.00 $9,997.00 23.1% 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). -om v x co 7 CD & o w 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 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 1 Rev 04/17 Exhibit C Page 1 of 2 • • 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 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 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 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 04/17 Exhibit C Page 2 of 2