HomeMy WebLinkAboutC2021-211 - 8/24/2021 - Approved DocuSign Envelope ID: E6C7D1AC-4DA4-495E-97B5-8E8000069B5F
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SERVICE AGREEMENT NO. 3569
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STORM WATER MANAGEMENT SERVICES
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THIS Storm Water Management Services Agreement ("Agreement") is entered into
by and between the City of Corpus Christi, a Texas home-rule municipal corporation
("City") and SWCA, Incorporated, dba SWCA Environmental Consultants
("Contractor'), effective upon execution by the City Manager or the City Manager's
designee ("City Manager").
WHEREAS, Contractor has bid to provide Storm Water Management Services in
response to Request for Bid/Proposal No. 3569 ("RFB/RFP"), which RFB/RFP includes the
required scope of work and all specifications and which RFB/RFP and the Contractor's
bid or proposal response, as applicable, are incorporated by reference in this
Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its
entirety.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor will provide Storm Water Management Services ("Services") in
accordance with the attached Scope of Work, as shown in Attachment A, the
content of which is incorporated by reference into this Agreement as if fully set
out here in its entirety, and in accordance with Exhibit 2.
2. Term. This Agreement is for five years, with performance commencing upon the
date of issuance of a notice to proceed from the Contract Administrator or the
Contracts and Procurement Division, or the performance date listed in the notice
to proceed, whichever is later. The parties may mutually extend the term of this
Agreement for up to zero additional zero-month periods ("Option Period(s)"),
provided, the parties do so in writing prior to the expiration of the original term or
the then-current Option Period.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$104,879.00, subject to approved extensions and changes. Payment will be made
for Services completed and accepted by the City within 30 days of acceptance,
subject to receipt of an acceptable invoice. Contractor shall invoice no more
frequently than once per month. All pricing must be in accordance with the
attached Bid/Pricing Schedule, as shown in Attachment B, the content of which
is incorporated by reference into this Agreement as if fully set out here in its
entirety. Any amount not expended during the initial term or any option period
may, at the City's discretion, be allocated for use in the next option period.
Invoices must be mailed to the following address with a copy provided to the
Contract Administrator:
Service Agreement Standard Form Page 1 of 8
DocuSign Envelope ID: E6C7D1AC-4DA4-495E-97B5-8E8000069B5F
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City's Contract Administrator for this Agreement is as follows:
Name: Sharon Murphy
Department: Environmental Strategic Initiatives
Phone: 361-826-4066
Email: sharonl@cctexas.com
5. Insurance; Bonds.
(A) Before performance can begin under this Agreement, the Contractor must
deliver a certificate of insurance ("COI"), as proof of the required insurance
coverages, to the City's Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days'
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
(B) In the event that a payment bond, a performance bond, or both, are
required of the Contractor to be provided to the City under this Agreement before
performance can commence, the terms, conditions, and amounts required in the
bonds and appropriate surety information are as included in the RFB/RFP or as
may be added to Attachment C, and such content is incorporated here in this
Agreement by reference as if each bond's terms, conditions, and amounts were
fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of Services to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of Services to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and Services will not be
rendered until the Contractor receives the signed purchase release order.
Service Agreement Standard Form Page 2 of 8
DocuSign Envelope ID: E6C7D1AC-4DA4-495E-97B5-8E8000069B5F
7. Inspection and Acceptance. City may inspect all Services and products supplied
before acceptance. Any Services or products that are provided but not
accepted by the City must be corrected or re-worked immediately at no charge
to the City. If immediate correction or re-working at no charge cannot be made
by the Contractor, a replacement service may be procured by the City on the
open market and any costs incurred, including additional costs over the item's
bid/proposal price, must be paid by the Contractor within 30 days of receipt of
City's invoice.
8. Warranty.
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended purpose,
and of good material and workmanship. The Contractor warrants that it has clear
title to the products and that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
(C) Contractor warrants that all Services will be performed in accordance
with the standard of care used by similarly situated contractors performing similar
services.
9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City's actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City's product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator.
10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City,which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City's City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such Services in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
Service Agreement Standard Form Page 3 of 8
DocuSign Envelope ID: E6C7D1AC-4DA4-495E-97B5-8E8000069B5F
12. Subcontractors. Contractor may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the
Contractor must obtain prior written approval from the Contract Administrator
unless the subcontractors were named in the bid or proposal or in an Attachment
to this Agreement, as applicable. In using subcontractors, the Contractor is
responsible for all their acts and omissions to the same extent as if the
subcontractor and its employees were employees of the Contractor. All
requirements set forth as part of this Agreement, including the necessity of
providing a COI in advance to the City, are applicable to all subcontractors and
their employees to the same extent as if the Contractor and its employees had
performed the work. The City may, at the City's sole discretion, choose not to
accept Services performed by a subcontractor that was not approved in
accordance with this paragraph.
13. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
14. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other applicable taxes. Upon request, the City
Manager shall be provided proof of payment of these taxes within 15 days of such
request.
16. Notice. Any notice required under this Agreement must be given by fax, hand
delivery, or certified mail, postage prepaid, and is deemed received on the day
faxed or hand-delivered or on the third day after postmark if sent by certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Sharon Murphy
Environmental Affairs Manager
1201 Leopard St., Corpus Christi, Texas 78401
Phone: 361-826-4066
IF TO CONTRACTOR:
SWCA, Incorporated, dba SWCA Environmental Consultants
Attn: Kevin Miller
Vice President, Central Texas
4949 North Loop 1604 West, Bldg. 2, Ste. 235, San Antonio, Texas 78249
Phone: 210-877-2847
Phone: 210-877-2848
Service Agreement Standard Form Page 4 of 8
DocuSign Envelope ID: E6C7D1AC-4DA4-495E-97B5-8E8000069B5F
17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES,
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT
ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT
OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH
COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF
ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) The City may terminate this Agreement for Contractor's failure to comply with
any of the terms of this Agreement. The City must give the Contractor written
notice of the breach and set out a reasonable opportunity to cure. If the
Contractor has not cured within the cure period, the City may terminate this
Agreement immediately thereafter.
(B) Alternatively, the City may terminate this Agreement for convenience upon
30 days advance written notice to the Contractor. The City may also terminate
this Agreement upon 24 hours written notice to the Contractor for failure to pay or
provide proof of payment of taxes as set out in this Agreement.
19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a
copy of the owner's manual and/or preventative maintenance guidelines or
instructions if available for any equipment purchased by the City pursuant to this
Agreement. Contractor must provide such documentation upon delivery of such
equipment and prior to receipt of the final payment by the City.
Service Agreement Standard Form Page 5 of 8
DocuSign Envelope ID: E6C7D1AC-4DA4-495E-97B5-8E8000069B5F
20. Limitation of Liability. The City's maximum liability under this Agreement is limited
to the total amount of compensation listed in Section 3 of this Agreement. In no
event shall the City be liable for incidental, consequential or special damages.
21. Assignment. No assignment of this Agreement by the Contractor, or of any right
or interest contained herein, is effective unless the City Manager first gives written
consent to such assignment. The performance of this Agreement by the
Contractor is of the essence of this Agreement, and the City Manager's right to
withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
22. Severability. Each provision of this Agreement is considered to be severable and,
if, for any reason, any provision or part of this Agreement is determined to be
invalid and contrary to applicable law, such invalidity shall not impair the
operation of nor affect those portions of this Agreement that are valid, but this
Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
23. Order of Precedence. In the event of any conflicts or inconsistencies between this
Agreement, its attachments, and exhibits, such conflicts and inconsistencies will
be resolved by reference to the documents in the following order of priority:
A. this Agreement (excluding attachments and exhibits);
B. its attachments;
C. the bid solicitation document including any addenda (Exhibit 1 ); then,
D. the Contractor's bid response (Exhibit 2).
24. Certificate of Interested Parties. Contractor agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to complete
Form 1295 "Certificate of Interested Parties" as part of this Agreement if required
by said statute.
25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws
in the performance of this Agreement. The applicable law for any legal disputes
arising out of this Agreement is the law of the State of Texas, and such form and
venue for such disputes is the appropriate district, county, or justice court in and
for Nueces County, Texas.
26. Public Information Act Requirements. This paragraph applies only to agreements
that have a stated expenditure of at least $1,000,000 or that result in the
expenditure of at least $1 ,000,000 by the City. The requirements of Subchapter J,
Chapter 552, Government Code, may apply to this contract and the Contractor
agrees that the contract can be terminated if the Contractor knowingly or
intentionally fails to comply with a requirement of that subchapter.
Service Agreement Standard Form Page 6 of 8
DocuSign Envelope ID: E6C7D1AC-4DA4-495E-97B5-8E8000069B5F
27. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
Service Agreement Standard Form Page 7 of 8
DocuSign Envelope ID: E6C7D1AC-4DA4-495E-97B5-8E8000069B5F
CONTRAC RuSigned by:
Signature. Em
Printed Name, Kevin Miller
Title: vice President
Date: 5/17/2021
C jQjEe�ORPnnU..S CHRISTI M2021-169
�( V� Authorized By
r�e�a$ss6Esaav�e...
Josh Chronley Council 08/24/2021
Interim Assistant Director, Contracts and Procurement
Date: 8/31/2021 oS
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APER gVF�D AS TO LEGAL FORM:
ra(OAL), at,(,oV1&—Y4,?j 5/20/2021 ATTFScSignedby:
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Assistant City Attorney Date
s�ana�nns�Aa�n
Rebecca Huerta
Attached and Incorporated by Reference: City Secretary
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit l : RFB/RFP No. 3569
Exhibit 2: Contractor's Bid/Proposal Response
Service Agreement Standard Form Page 8 of 8
DocuSign Envelope ID: E6C7D1AC-4DA4-495E-97B5-8E8000069B5F
Attachment A - Scope of Work
General Requirements/Background Information
The Contractor shall provide storm water management services according
to the following scope, but not limited to, on an as needed basis within the
jurisdiction of the City of Corpus Christi.
Scope of Work
A. Contractor shall prepare and revise Storm Water Pollution Prevention Plans
(SWPPP) as needed to support City operations.
B. Contractor shall perform quarterly inspections at storm water outfalls.
C. Contractor shall sample storm water outfalls as required by the General
Storm Water Permit.
D. Contractor shall prepare Discharge Monitoring Reports (DMR) as required
by the General Storm Water Permit.
E. Contractor shall perform reporting to the TCEQ as required by the General
Storm Water Permit.
F. Contractor shall conduct annual compliance inspections, reviews, and
certifications as required by the General Storm Water Permit.
G. Contractor shall maintain Best Management Practices (BMP) as identified
in the SWPPP.
H. Provide training to personnel listed on the storm water management team
roster.
I. Contractor shall prepare and submit Notice of Intent (NOI) upon issuance
of new Multisector General Permit.
J. Pesticide General Permit: See attached requirements.
Work Site and Conditions
The work shall be performed at various locations within the jurisdiction of the
City of Corpus Christi. See attached Exhibit A for work site locations.
Contractor Quality Control and Superintendence
The Contractor shall establish and maintain a complete Quality Control
Program that is acceptable to the Contract Administrator to assure that the
requirements of the Contract are provided as specified. The Contractor will
also provide supervision of the work to insure it complies with the contract
requirements.
DocuSign Envelope ID: E6C7D1AC-4DA4-495E-97B5-8E8000069B5F
Pesticide General Permit
Consultant shall be responsible for Level IA (mosquitos) compliance including:
Permit Renewal:
TCEQ is proposing to renew and amend the Pesticide General Permit
TXG870000 which authorizes the application of pesticides into or over,
including nearwaters of the United States for the control of mosquito and other
insect pests, vegetation and algae pests, animal pests, area-wide pests, and
forest canopy pests. The current permit expires on November 2, 2021 . The draft
permit is currently under development.
Preparation and submittal of Single Pest Management Area NOI - ePermit TCEQ HQ
Submission of Annual Report when required
Ensure and Verify Operator TDA licensing, as applicable
Provide Annual PGP training
Revise and update Current Pesticide Discharge Management Plan as
needed
Fees: NOI - $100 paper or $75 ePermit
DocuSign Envelope ID: E6C7D1AC-4DA4-495E-97B5-8E8000069B5F
EXHIBIT A
1 . Corpus Christi International Airport
1000 International
Corpus Christi TX 78406
2. Corpus Christi Marina
400A N. Shoreline Blvd
Corpus Christi TX 78401
3. Cefe Landfill
2397 County Road 20
Robstown TX 78380
4. JC Elliot Transfer Station
7001 Ayers Street
Corpus Christi TX 78415
5. Fleet Maintenance Services
5253 Ayers Street
Corpus Christi TX 78415
DocuSign Envelope ID: E6C7D1AC-4DA4-495E-97B5-8E8000069B5F
Attachment B - Pricing Schedule
Us C
a CITY OF CORPUS CHRISTI
CONTRACTS AND PROCUREMENT
BID FORM
RFB No. 3569
Storm Water Management Services
Date:
05/04/21 PAGE 1 OF 1
Authorized
Bidder: SWCA, Incorporated Signature:
1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before
completing bid.
2. Quote your best price for each item.
3. In submitting this bid, Bidder certifies that:
a. the prices in this bid have been arrived at independently, without consultation,
communication, or agreement with any other Bidder or competitor, for the
purpose of restricting competition with regard to prices.
b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information
on file with City's Contracts and Procurement office, pursuant to the Code of
Ordinances, is current and true.
c. Bidder is current with all taxes due and company is in good standing with all
applicable governmental agencies.
d. Bidder acknowledges receipt and review of all addenda for this RFB.
UNIT EXTENDED
ITEM DESCRIPTION QTY UNIT PRICE PRICE
Storm Water Management $46,644 $46,644
1 Services. Year 1 1 Year
Storm Water Management $14,051 $14,051
2 Services, Year 2 1 Year
Storm Water Management $14,264 $14,264
3 Services, Year 3 1 Year
Storm Water Management $14,650 $14,650
4 Services, Year 4 1 Year
Storm Water Management $15,270 $15,270
5 Services, Year 5 1 Year
GRAND TOTAL $104,879
DocuSign Envelope ID: E6C7D1AC-4DA4-495E-97B5-8E8000069B5F
Attachment C - Insurance Requirements
I. CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this contract until all insurance required has
been obtained-and such insurance has been approved by the City. Contractor must
not allow any subcontractor, to commence work until all similar insurance required of
any subcontractor has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administer a copy of
Certificates of Insurance with applicable policy endorsements showing the following
minimum coverage by an insurance company(s) acceptable to the City's Risk
Manager. Project name and/or number must be listed in Description Box of Certificate
of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
PROFESSIONAL LIABILITY $1,000,000 Per Claim
(Errors and Omissions) (Defense costs not included in
face value of the policy)
If claims made policy, retro date
must be at or prior to inception of
agreement, have extended
reporting period provisions and
identify any limitations regarding
who is insured.
C. In the event of accidents of any kind related to this contract, Contractor shall furnish the
Risk Manager with copies of all reports of any accidents within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Contractor shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Contractor'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 at least A- with a Financial Size
Category of Class VII or higher.
B. Contractor shall be required to submit renewal certificates of insurance throughout the
term of this contract and any extensions within 10 days of the policy expiration dates.
All notices under this Exhibit shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
DocuSign Envelope ID: E6C7D1AC-4DA4-495E-97B5-8E8000069B5F
C. Certificate of insurance shall specify that at least 30 calendar days advance written
notice will be provided to City of any, cancellation, non-renewal, material change or
termination in coverage and not less than 10 calendar days advance written notice for
nonpayment of premium.
D. Within 5 calendar days of a cancellation, non-renewal, material change or termination
of coverage, Contractor shall provide a replacement Certificate of Insurance and
applicable endorsements to City. City shall have the option to suspend Contractor'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.
E. In addition to any other remedies the City may have upon Contractor's failure to provide
and maintain any insurance or policy endorsements to the extent and within the time
herein required, the City shall have the right to order Contractor to stop work hereunder,
and/or withhold any payment(s) which become due to Contractor hereunder until
Contractor demonstrates compliance with the requirements hereof.
F. Nothing herein contained shall be construed as limiting in any way the extent to which
Contractor may be held responsible for payments of damages to persons or property
resulting from Contractor's or its subcontractor's performance of the work covered
under this contract.
G. Contractor'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 contract.
H. The insurance required is in addition to and separate from any other obligation
contained in this contract.
2020 Insurance Requirements
Ins. Req. Exhibit 3-H
Professional Services - Other Professional Services
06/08/2020 Risk Management - Legal Dept.
DocuSign Envelope ID: E6C7D1AC-4DA4-495E-97B5-8E8000069B5F
Attachment D - Warranty
No warranty is required therefore, Service Agreement 3569, Section 8, Warranty
Requirements subsections 8(A) and (B) are hereby void.