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= � t SERVICE AGREEMENT NO. 2699
CONTRACT FOR PROFESSIONAL SERVICES
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1852
FOR PROJECT (No./Name) 18171A - COLE PARK PIER IMPROVEMENTS
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 JACOBS ENGINEERING GROUP, INC., 555 N. Carancahua, Suite 320, 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 9
EXHIBITS
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SCANNED
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ARTICLE I —SCOPE OF SERVICES
1.1 City and Consultant agree that the services provided are properly described in the Scope of Services,which
is 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 D. City's General Conditions for Construction Contracts to be included on future
amendment.
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.
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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 3rd party
owners/operators.
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 Preliminary Phase Services(Basic and Additional)included in this Agreement and in
the Scope of Services for this Agreement shall not exceed $100,000.00, and will be performed on a time and
material (T&M) basis.
3.2 The Consultant's fee will be on a lump sum or time and materials(T&M)basis as detailed in Exhibit A and
A-1 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 with their proposal.
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 Consultant's 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 in compliance with the Texas Prompt Payment Act.
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 or as 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 follow the 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).
4.2 This service shall be for a period of five years beginning on the Effective Date.
4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the
Notice to Proceed from the Contracts and Procurement Department. Work will not begin on any phase or any
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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 under this
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 fora 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 contractor's 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 Consultant's 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
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.
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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.
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.
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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
Consultant's 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 Consultant's 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
governments, 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.
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;
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(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 Consultant's 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 for additional 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.
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.
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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.
12.2.2.1 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.
12.2.2.2 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.
12.2.2.3 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.
12.2.2.4 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 attorney's fees should litigation result from any dispute between the parties to this
Agreement.
12.5 In case of litigation between the parties, Consultant and City agree that they have knowingly waived and do
hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or
connected to this Agreement, to proceed with a trial before the court, unless both parties subsequently agree
otherwise in writing.
12.6 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.
ARTICLE XIII — MISCELLANEOUS PROVISIONS
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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 or as 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 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be
that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the
services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these
goals and objectives are to be met.
13.6 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.
13.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity
other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by
entering into this Agreement.
13.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and
complete the Disclosure of Interests form.
13.9 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. Form 1295 must be electronically filed with the Texas Ethics Commission at
https://www.ethics.state.tx.us/whatsnew/elf_info_formI295.htm. The form must then be printed, signed 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.
13.10 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
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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-d isclosu re/index.
13.11 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color,
religion, national origin, gender, disability or age.
13.12 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.
13.13 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.
13.14 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 CORPUS CHRISTI JACOBS ENGINEERING GROUP, INC.
47-22,,,,....„.„,_%_ ,00#4-4i,.� - P--141 -2. ,I,on A- 02.06.20
Michael Rodriguez Date Jeff Ely, P.E. Date
Chief of Staff Manager of Projects
555 N. Carancahua, Suite 320
Corpus Christi, TX 78401
(281) 776-2525
Jeff.Ely@Jacobs.com
Sidney.Faas@Jacobs.com
APPROVED AS TO LEGAL FORM:
O -/LJ (i�1��
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sistant City Attorney Date
P )-01/-1 AUTIIUKILiai
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Secretary DateSECINT
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Contract for Professional Services
Page 11 of 11
•
EXHIBIT "A"
CITY OF CORPUS CHRISTI, TEXAS
COLE PARK PIER IMPROVEMENTS
PROJECT NO. 18717A
SCOPE OF SERVICES
A. BASIC SERVICES
For the purpose of this Contract, Preliminary Phase may include Schematic Design
and Design Phase services may include Design Development as applicable to
Architectural/Engineering services.
1. Preliminary Phase.
The Architect/Engineer(NE), also referred to as Consultant, will:
a) Attend Project Kick-off Meeting and additional meetings as described
in Exhibit A-1. Distribute meeting minutes to attendees within five
working days of the meeting.
b) Perform a site visit,take photographs of existing conditions and prepare
photograph logs.
c) Provide a geotechnical investigation. Proposed boring sites shall be
approved by the City Project Manager prior to performing geotechnical
investigation.
d) Request and review available reports, record drawings, utility maps and
other information provided by the City pertaining to the project area.
f) Prepare preliminary opinions of probable construction costs(OPCC)for
the recommended improvements.
g) Conduct preliminary analysis of lighting, including existing equipment,
above/below ground electrical service, etc. Provide recommendations
for improvements/upgrades.
h) The A/E will participate in discussions with the Parks and Recreation
Department; Development Services and other agencies and US Army
Corps of Engineers as required to satisfactorily complete the Project.
Any directions or changes to scope provided by the Operating
Department or other agencies shall be reviewed with the City
Engineering Department PM prior to including/excluding from the scope
of work.
i) Identify and analyze requirements of governmental authorities having
jurisdiction to approve design of the Project including permitting,
environmental, historical, construction, and geotechnical issues; upon
request or concurrence of the Project Manager, coordinate with
agencies such as Texas Department of Licensing and Registration
(TDLR) and the United States Army Corps of Engineers (USACE).
j) Prepare exhibits for one Parks and Recreation Advisory Committee
meetings
k) Prepare an Engineering Letter Report (ELR) (20 —25 page main-body
text document with supporting appendices) that documents the
analyses, approach, opinions of probable construction costs, and
document the work with text, tables, schematic-level exhibits and
computer models or other applicable supporting documents required
EXHIBIT"A"
Page 1 of 9
Revised 2/3/2020
•
per City Plan Preparation Standards (CPPS). The Engineering Letter
Report to include:
1. Provide a concise presentation of pertinent factors, sketches,
designs, cross-sections, and parameters which will or may
impact the design, including engineering design basis,
preliminary layout sketches, construction sequencing,
alignment, cross section, geotechnical testing report, right-of-
way requirements, conformance to master plans, identification
of needed additional services, identification of needed permits
and environmental consideration, existing and proposed
utilities, existing electric identification of quality and quantity of
materials of construction, and other factors required for a
professional design.
2. Include existing site photographs with location key map
3. Provide an opinion of probable construction costs.
4. Identify and analyze requirements of governmental authorities
having jurisdiction to approve design of the Project including
permitting, environmental, historical, construction, and
geotechnical issues; meet as City agent or with City
participation and coordinate with agencies such as TDLR and
USACE.
5. Summarize the Geotechnical Report findings and criteria for
the pier and parking area design
6. Provide preliminary index of anticipated drawings and
specifications.
I) Initiate ELR submittal discussion with City PM to brief PM on any
concerns or issues prior to distribution of ELR submittal.
m) Submit one (1) copy in an approved electronic format, and two (2) hard
copies of the Draft Engineering Letter Report.
n) Participate in ELR review meeting with City staff and others on the Draft
Engineering Letter Report as scheduled by City Project Manager.
o) Address review comments and questions and provide written
responses to the City PM.
p) Assimilate all City review comments into the Final Engineering Letter
Report. Provide one (1) electronic and one (1) hard copy using City
Standards as applicable and suitable for reproduction.
q) City staff will provide electronic copies of the following information (as
applicable and requested through the City PM):
r) Electronic index and database of City's Record Drawing and record
information.
s) Record Drawings and record information as available from City
Engineering files.
t) The preliminary budget, specifying the funds available for construction.
u) A copy of existing studies and plans(as available from City Engineering
files).
v) Copy of Geotechnical Investigation Report.
Note: Applicable Master Plans and GIS mapping are available on the City's
website. The records provided for A/E's use under this Contract are
proprietary, copyrighted, and authorized for use only by A/E, and only for
EXHIBIT"A"
Page 2 of 9
Revised 2/3/2020
the intended purpose of this project. Any unauthorized use or
distribution of the records provided under this Contract is strictly
prohibited.
2. Design Phase. (To be Authorized under a future contract amendment)
Upon approval of the preliminary phase, designated by receiving authorization
to proceed from the City Project Manager, the NE will:
a) Coordinate with AEP and City Traffic Engineering to identify location of
electrical power conduit for lighting.
b) Prepare Construction Documents in City standard format for the work
identified in the approved ELR. Construction plans to include
improvements or modifications to the pier and lighting systems within
the Project limits, per the Project scope. Include standard City of
Corpus Christi detail sheets and specifications as applicable to the
Project.
1. Prepare construction plans in compliance with CPPS using
English units on-full-size (22" x 34") for the final plans, however
all submittals (except the final plans will be half-size (11" x 17")
2. Prepare Traffic Control and Construction Sequencing Plans
(TCP). The TCP will include construction sequencing, typical
cross section and construction phasing plan sheets, warning
and barricades, as well as standards sheets for barricades,
traffic control plan,
3. Recommend pollution control measures and Best Management
Practices (BMP) layout for the Contractor's Storm Water
Pollution Prevention Plan, using the City Standard Notes and
BMP Detail Sheets as applicable.
c) Submit two (2) sets of the interim plans (60% submittal) in electronic
and half-size(11"x 17") hard copies using City Standards as applicable
to City staff for review and approval purposes with 60% estimates of
probable construction costs. Identify distribution list for plans and bid
documents to all affected franchise utilities and stakeholders.
4. Required with the interim plans is:
a. Design Submittal Packet Checklist.
b. Executive Summary of the 60% submittal," which will
identify and briefly summarize the Project by distinguishing
key elements of the Project, decisions made, outstanding
issues, items to be determined (TBD), Opinion of Probable
Construction Costs (OPCC) compared to construction
budget and the schedule with changes identified.
c. Project Submittal Checklist.
d. Drawing Review Checklist.
e. OPCC.
f. Drawings.
g. Draft Table of Contents with specification list.
5. Initiate 60% submittal discussion with City PM to brief PM on
any concerns or issues prior to distribution of 60% submittal.
d) Participate in Project 60% review meeting. Prepare and distribute
meeting minutes to attendees within five working days of the meeting.
EXHIBIT"A"
Page 3 of 9
Revised 2/3/2020
Assimilate all review comments, as appropriate, and upon confirmation
from the City PM proceed to the 90% design.
e) Submit two (2) sets of the 90% plans and bid documents (90%
submittal) in electronic and half-size hard copies using City Standards
as applicable to City staff for review and approval purposes. Include
the 90% estimate of probable construction costs, 90% submittal
Executive Summary, Submittal Packet, Project and Drawing
Checklists, responses to previous review comments and the Contract
Document Book with in-line Track Changes in red to identify all
proposed edits to the City Construction Contract Documents.
f) Participate in Project 90% review meeting. Prepare and distribute
meeting minutes to attendees within five working days of the meeting.
Assimilate all review comments, as appropriate, and proceed to the
pre-ATA (Authorized for Advertisement) submittal.
g) Provide one (1) set of the pre-ATA plans (100% unsealed and
unstamped) in electronic and half-size hard copy using City Standards
as applicable for City's Pre-ATA review. Include the pre-ATA OPCC
and written responses to previous review comments. The pre-ATA
(100%) submittal will not include a full distribution and review unless in
the opinion of the City Project Manager the questions from the previous
review have not been adequately addressed or resolved in the pre-ATA
submittal. If this occurs, the PM may request additional distribution,
meeting, review and related revisions at no additional cost to the City.
See item (I) below.
h) Assimilate all pre-ATA comments, as appropriate, and provide one (1)
set of the final plans and contract documents (signed and sealed,
electronic and half-size hard copy using City Standards as applicable)
suitable for reproduction. Said bid documents henceforth become the
shared intellectual property of the City of Corpus Christi and the
Consultant. The City agrees that any modifications of the submitted
final plans (for other uses by the City) will be evidenced on the plans
and be signed and sealed by a professional engineer prior to re-use of
modified plans.
i) Provide Quality Assurance/Quality Control (QA/QC) measures to
ensure that all submittals accurately reflect the percent completion
designated and do not necessitate an excessive amount of revision and
correction by City. Additional revisions or design submittals are
required (and within the scope of Consultant's duties under this
Contract) if, in the opinion of the City Engineer or designee, Consultant
has not adequately addressed City-provided review comments or
provided submittals in accordance with City standards.
j) Prepare and submit Monthly Status Reports to the Project Manager no
later than the last Wednesday of each month with action items
developed from monthly progress and review meetings.
The City staff will:
a) Designate an individual to have responsibility, authority, and control for
coordinating activities for the Project.
b) Provide the budget for the Project specifying the funds available for the
construction contract.
EXHIBIT"A"
Page 4 of 9
Revised 2/3/2020
c) Provide electronic copy the City's Standard Specifications, Standard
Detail sheets, Front End Contract Documents, and forms for required
bid documents.
3. Bid Phase. (To be Authorized under a future contract amendment)
The A/E will:
a) Participate in the pre-bid conference to discuss scope of work and to
answer scope questions
b) Review all questions concerning the bid documents and prepare any
revisions to the plans, specifications and bid forms that may be necessary.
c) Attend bid opening and assist with the evaluation of bids.
d) Assist with the review of the Contractor's Statement of Experience and
confirm it meets Contract requirements.
e) For bids over budget, the A/E will confer with City staff and provide and, if
necessary, make such revisions to the bid documents as the City staff
deems necessary to re-advertise the Project for bids.
f) Provide two (2) hard copy set and one (1) electronic set of conformed
drawings and conformed Contract Documents (PDF and original
[CAD/Word/etc.]) to the City.
The City staff will:
a) Advertise the Project for bidding, maintain the list of prospective bidders,
issue any addenda, prepare bid tabulation and conduct the bid opening.
b) Coordinate the review of the bids with the NE.
c) Prepare agenda materials for the City Council concerning bid awards.
d) Prepare, review and provide copies of the Contract for execution between
the City and the Contractor.
4. Construction Administration Phase. (To be Authorized under a future
contract amendment)
The NE will perform construction administration to include the following:
a) Participate in pre-construction meeting conference and provide to the
City PM a recommended agenda for critical construction activities and
elements impacting the project.
b) Review Contractor submittals and operating and maintenance manuals
for conformance to Contract Documents.
c) If requested by the City, review and interpret field and laboratory tests.
d) Provide interpretations and clarifications of the Contract Documents for
the Contractor and authorize required changes, which do not affect the
Contractor's price and are not contrary to the general interest of the City
under the Contract as requested by the Owner's Authorized
Representative (OAR).
e) Make periodic (four hours per week for nine months ) visits to the site
of the Project to confer with the City Project Inspector and Contractor
to observe the general progress and quality of work, and to determine,
in general, if the work is being done in accordance with the Contract
Documents. This will not be confused with the Construction
EXHIBIT"A"
Page 5 of 9
Revised 2/3/2020
•
Observation Services or continuous monitoring of the progress of
construction.
f) Provide interpretations and clarifications of the plans and specifications
for the Contractor and recommendations to the City for minor changes
which do not affect the Contractor's price and are not contrary to the
general interest of the City under the Contract as requested by the OAR
g) Attend final inspection with City staff, provide punch list items to the
City's Construction Engineers for Contractor completion, and provide
the City with a Certificate of Completion for the Project upon successful
completion of the Project.
h) Review Contractor-provided construction "red-line" drawings. Prepare
Project Record Drawings and provide a reproducible set and electronic
file (both PDF and AutoCAD r.14 or later) within one (1) month of
receiving the Contractor's red-line drawings. All drawings shall be
CADD drawn using dwg format in AutoCAD, and graphics data will be
in .dxf format with each layer being provided in a separate file. Attribute
data will be provided in ASCII format in tabular form. All electronic data
will be compatible with the City GIS system. The Record Drawings
should incorporate the Contractor's red-lines and identify all changes
made during construction. The Drawing Cover and each sheet should
be clearly identified as the Record Drawing and should indicate the
basis and date.
i) When requested by the OAR, assist in addressing Request for
Information (RFI) submitted by the Contractor.
The City staff will:
a) Prepare applications/estimates for payments to Contractor.
b) Conduct the final inspection with the NE.
B. ADDITIONAL SERVICES
This section defines the scope of additional services that may only be included as part
of this contract if authorized by the Director of Engineering Services.NE may not begin
work on any services under this section without specific written authorization by the
Director of Engineering Services. Fees for Additional Services are an allowance for
potential services to be provided and will be negotiated by the Director of Engineering
Services as required. The NE shall, with written authorization by the Director of
Engineering Services, perform the following:
1. Permit Preparation. Furnish the City all engineering data and documentation
necessary for all required permits. The A/E will prepare this documentation for
all required City signatures. The A/E will prepare and submit identified permits
as applicable to the appropriate local, state, and federal authorities, including:
a) U.S. Army Corps of Engineers (USACE)
b) Texas Department of Licensing and Regulation (TDLR)
1. Provide copy of Contract Documents along with appropriate fee to
Texas Department of Licensing and Regulation (TDLR) for review
and approval of accessibility requirements for pedestrian
improvements (as authorized by Additional Services).
EXHIBIT"A"
Page 6 of 9
Revised 2/3/2020
2. Coordinate RAS inspection services at the end of construction and
pay associated fee.
2. Topographic and Bathymetric Survey. All work must comply with
Category 1-A, Condition I specifications of the Texas Society of Professional
Surveyors'Manual of Practice for Land Surveying in the State of Texas, latest
edition. All work must be tied to and in conformance with the City's Global
Positioning System (GPS) control network. All work must comply with all
TxDOT requirements as applicable. Include references tying Control Points to
a minimum of two (2) registered NGS Benchmark Monuments in the vicinity
of the Project that will not be disturbed by construction. Survey sheets shall
be sealed by a Registered Public Surveyor, provided to the City and included
in the bid document plan set.
a) Establish Horizontal and Vertical Control.
b) Establish both primary and secondary horizontal/vertical control.
c) Set project control points for Horizontal and Vertical Control outside
the limits of area that will be disturbed by construction.
d) Horizontal control will be based on NAD 83 State plane coordinates
(South Zone), and the data will have no adjustment factor applied —
i.e. —the coordinate data will remain in grid.
e) Vertical control will be based on NAVD 88.
f) All control work will be established using conventional (non-GPS)
methods.
g) Perform topographic surveys to gather existing condition information.
h) Locate existing features within the project area.
i) Generate electronic planimetric base map for use in project design.
j) The survey should extend beyond the project limits as needed to pick
up features and surface flow patterns in the vicinity of the Project that
could potentially impact the design or be impacted by the
construction. This includes features such as existing swales or
ditches, foundations, driveways, parking lots, etc.
k) Provide a bathymetric survey to include stations every 50 ft along the
shoreline within the project limits. Survey readings shall be taken
perpendicular to the shoreline every 10 ft and extending from the
shoreline to the centerline of the Channel. Survey shall conform to the
USACE standards "Other General Surveys and Studies (Coastal
Engineering Surveys)" specifications according to USACE Manual No.
1110-2-1003.
3. Construction Observation Services. Provide construction observation
services for 16 hours per week for 36 weeks. In connection with observations
of Contractor's Work in progress while the Contractors work is in progress:
a) Make visits to the project, in order to observe as an experienced and
qualified design professional the progress and performance of the
Work. Such visits and observations by NE are not intended to be
exhaustive or to extend to every aspect of Contractor's Work in
progress or to involve detailed inspections of Contractor's Work in
progress but rather are to be limited to spot checking, selective
EXHIBIT"A"
Page 7 of 9
Revised 2/3/2020
sampling, and similar methods of general observation of the Work
based on NE's exercise of professional judgment. Based on
information obtained during such visits and such observations, NE will
determine in general if Contractor's Work is proceeding in accordance
with the Contract Documents, and NE will keep CITY informed of the
progress of the Work.
b) The purpose of NE's visits to the Site will be to enable NE to better
carry out the duties and responsibilities assigned to and undertaken by
NE during the construction phase, and, in addition, by the exercise of
NE's efforts as an experienced and qualified design professional, to
provide for CITY a greater degree of confidence that the completed
Work will conform in general to the Contract Documents and that the
integrity of the design concept of the completed Project as a functioning
whole as indicated in the Contract Documents has been implemented
and preserved by Contractor. NE will not, during such visits or as a
result of such observations of Contractor's Work in progress, supervise,
direct, or have control over Contractor's Work, nor will NE have
authority over or responsibility for the means, methods, techniques,
sequences, or procedures of construction selected by Contractor.
Accordingly, NE neither guarantees the performance of any Contractor
nor assumes responsibility for any Contractor's failure to furnish and
perform the Work in accordance with the Contract Documents.
c) NE's personnel have no authority to exercise any control over any
construction contractor or other entity or their employees in connection
with their work or any health or safety precautions and have no duty for
inspecting, noting, observing, correcting, or reporting on health or
safety deficiencies of the construction contractor(s) or other entity or
any other persons at the site except NE's own personnel.
d) Limitation of Responsibilities. NE is not responsible for the acts or
omissions of any Contractor or of any of Contractor's subcontractors,
suppliers, or of any other individual or entity performing or furnishing
any portion of the Work. NE is not responsible for failure of any
Contractor to perform or furnish the Work in accordance with the
Contract Documents.
4. Warranty Phase. Provide a maintenance guaranty inspection toward the end
of the one-year period after acceptance of the Project. Note defects requiring
contractor action to maintain, repair,fix, restore, patch, or replace improvement
under the maintenance guaranty terms of the contract. Document the
condition and prepare a report for the City staff of the locations and conditions
requiring action, with its recommendation for the method or action to best
correct defective conditions and submit to City Staff. Complete the inspection
and prepare the report no later than sixty (60) days prior to the end of the
maintenance guaranty period.
6. Geotechnical Investigation. Provide a geotechnical investigation including
field exploration consisting of drilling and sampling of the subsurface materials and
observing groundwater levels at the site based on two marine borings and one
landside boring to 90 ft below the existing surface, laboratory testing of the
subsurface materials and engineering analysis and geotechnical recommendations.
EXHIBIT"A"
Page 8 of 9
Revised 2/3/2020
Provide the services above authorized in addition to those items shown on Exhibit"A-
1"Task List,which provides supplemental description to Exhibit"A". Note: The Exhibit
"A-1" Task List does not supersede Exhibit "A".
I. SCHEDULE Anticipated schedule to be adjusted based on actual NTP, contract amendments
and review dates.
II. TO BE REVISED
Date Activity
February 18, 2020 NTP
March 3, 2020 USACE Permit Submittal
March 17, 2020 Draft ELR Submittal
March 24, 2020 City Review
March 31, 2020 Final ELR Submittal
May 26, 2020 60% Design Submittal
June 2, 2020 City Review
July 14, 2020 90% Design Submittal
July 21, 2020 City Review
July 26, 2020 100% Pre-ATA Submittal
July 30, 2020 Final Sealed Bid Package
August 5, 2020 Advertise for Bids
August 19, 2020 Pre-Bid Conference
August 27, 2020 Receive Bids
September 2020 Contract Award
October 2020 Begin Construction
June 2021 Complete Construction
III. FEES
A. Fee for Basic Services. The City will pay the A/E time and materials (T&M) for
providing Preliminary Services authorized as per the table in the attached Summary
of Fees. The fees for Preliminary Services will not exceed those identified and will be
full and total compensation for all services outlined in Section I.A.1-4 above, and for
all expenses incurred in performing these services. The fee for this project is
subject to the availability of funds. The A/E may be directed to suspend work
pending receipt and appropriation of funds. For services provided, A/E will submit
monthly statements for services rendered. The statement will be based upon A/E's
estimate (and with City's concurrence) of the proportion of the total services actually
completed at the time of billing. City will make prompt monthly payments in response
to A/E's monthly statements.
B. Fee for Additional Services. For services authorized by the Director of Engineering
Services under Section I.B. "Additional Services", the City will pay the A/E a not-to-
exceed fee as per the attached Summary of Fees.
EXHIBIT"A"
Page 9 of 9
Revised 2/3/2020
EXHIBIT "A-1"
TASK LIST
CITY OF CORPUS CHRISTI, TEXAS
COLE PARK PIER IMPROVEMENTS
PROJECT NO. 18717A
I. SCOPE OF SERVICES
Project Limits and Scope
The project scope is described in the City of Corpus Christi (City) RFQ 2699. Cole Park is one
of the City's busiest regional parks for both residents and visitors. Cole Park Pier is used for
general recreation and fishing. The Cole Park Pier (Pier) was constructed early 1970's and was
closed approximately April 2018 due to public safety concerns. The Pier was constructed with
driven concrete piling with precast concrete caps that support the precast walkway and fishing
area. The pier structure recently experienced a partial collapse of the first few concrete walkway
panels that connect the Pier to the shoreline.
The Pier is a "T head" shaped structure comprised of the concrete walkway that extends
approximately 500 linear feet(If)to the "T head"fishing are as noted on Figure 1. There are two
smaller fishing decks, located approximately 250 If and 330 If from the shoreline. The T head
main fishing area is 20 If wide and extends approximately 80 If. The walkway at the shoreline is
6-foot wide and widens to 10-foot from the first fishing deck to the"T head" fishing area. A
Structural Condition Assessment of the existing Pier revealed that the majority of the Pier's
structural integrity has been lost to corrosion.
iSS
l :4
FIGURE 1- Cole Park Pier
EXHIBIT"A-1"
Page 1 of 7
The project will include two construction packages:
• Pier and Pier Public Use Improvements
• Sitework and Landside Public Use Improvements
The Pier and Pier Public Use Improvements project scope includes demolition of the existing
Pier structural components and electrical system. The existing Pier piles will be evaluated to
determine if the piles can be incorporated into the new pier. The new Pier will include:
• Similar dimensions as the existing Pier however the walkway will be a minimum 10 ft
wide. The Pier will include two stepped down areas, 50 ft long and 10 ft wide that are
close to the water and lower than the Pier.
• Floodlight and walkway lights and electrical service to the Pier
• Seating areas, shade structures and overlook areas.
The Sitework and Landside Public Use Areas project scope are noted on Figure 2 will include:
• A new service road to the Pier
• An expanded parking lot
• Walkways from the west end of the existing parking lot to the Pier
• Seating areas, benches, shade structures and signage
• Kayak and windsurfing access areas
r * t� _\ 1A y.
Y',. ADafIDNAL KAYAK a WINDSURF
-. EXPANDED ACCESS
�,' 4, PARKING
N Au\A EsTEVDED
4_KM'S BENCHES AND SHADE
STRUCTURES
t
ffe-
` • --CO, PARK PIER
• ` 1 ti.;, d' —4% jt VIMPLAZA
k ♦ � w AYAK Il
1S, "' ,4 4. WINDSURFACCE6P,
N Sr, t
c\F ,« �_ ,. fi=r t .
t t �,+ -'w EXPANDED
�, MAKING
6411
4.
y ; HIKE AND BIKE
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4 � M FR . \
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, `,,,,,:,,,,. '\ \ , 41:411V4 A 10 ; --4: •;,\:. I
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FIGURE 2 —Sitework and Landside Public Use Areas
EXHIBIT"A-1"
Page 2 of 7
A. BASIC SERVICES
1. Preliminary Phase
a) Meetings
1) Participate in biweekly project design review meetings for the anticipated
four-month design phase ( eight meetings) with City Staff and one review
meeting to receive City comments on the Draft Engineering Letter Report
(ELR).
2) Participate in one meeting with the USACE-regarding the permit
requirements for the demolition of the Pier and the construction of the new
Pier .
3) Participate in one City Parks and Recreation Advisory Committee meeting as
noted in Exhibit A.
b) Preliminary Design
1) Review historic City record drawings and available information.
2) Inspect the existing shoreline bulkhead in the vicinity of the Pier.
3) Provide a geotechnical investigation report prepared by a geotechnical
investigation company including two marine borings and one land boring.
4) Analyze geotechnical results
5) Establish design codes and standards, design loads and design life.
6) Establish site environmental criteria (wind, waves, tides etc.).
7) Determine still water elevation.
8) Provide a numerical spectral wave modelling study to determine design wave
conditions and overtopping rates including local bathymetry in Corpus Christi
Bay.
9) Determine forces generated during extreme flooding events and establish
shoreline scour protection.
10) Analyze future sea level rise changes and perform numerical model
simulations that include future sea level rise (SLR) projection scenarios
including local land subsidence.
11) Establish two Pier construction options (timber/plastic and concrete).
12) Establish additive construction bid items to lengthen the Pier and widen the T
head
13) Determine if the existing Pier piles can be re-used
14) Structurally analyze the Pier components
15) Develop Pier components including sections and details
16) Structurally analyze the shoreline bulkhead
17) Analyze the shoreline slope protection that would diminish the wave action at
the base of the pier
18) Develop accessibility requirements in accordance with Texas Department of
Licensing and Regulation (TDLR) standards.
19) Prepare two conceptual planning options for the Pier Public Use area
including benches, seating area and shade structures.
20) Prepare two conceptual planning options of the Sitework Public Use area
including signage, benches, shade structures and interpretive exhibits.
EXHIBIT"A-1"
Page 3 of 7
•
Consider pedestrian connectivity between the parking areas, skatepark and
playground and Pier.
21) Establish the layout for the new parking area, service road, walkways and
kayak and windsurfing access areas as noted on Exhibit 2. The existing hike
and bike trail shall not be affected.
22) Determine electrical and lighting requirements for the Pier and sitework.
23) Incorporate minimum maintenance requirements into the design
24) Prepare a Preliminary Opinion of Probable Construction Costs (OPCC) for
the pier and sitework options.
25) Prepare a project schedule.
26) Prepare the Draft Engineering Letter Report and include:
(a) Project Description
(b) Surveys
(c) Geotechnical Investigation Results
(d) Design Codes and Standards
(e) Design Life and Corrosion Protection Coatings
(f) Design Loads (live loads, dead loads, hydrodynamic loads)
(g) Pier Replacement Options
(h) Structural Analysis Results
(i) Shoreline Bulkhead Analysis
(j) Shoreline Slope Protection Analysis
(k) Sitework Options (service road, parking areas and sidewalks and
considering the hike and bike trail)
(I) Pedestrian Connectivity Between the Pier, Parking Lots, Playground and
Skatepark
(m)Drainage Analysis Results
(n) Electrical and Lighting Description and Requirements
(o) Constructability and Proven Technology
(p) Quality of Materials
(q) Regulatory Permits (USACE and TDLR)
(r) Easement and leases and discussions with the GLO.
(s) Site Photographs
(t) OPCC
(u) Project Schedule
(v) Anticipated Index of Final Design Drawings and Specifications
(w) Copy of Geotechnical Investigation Report
(x) Recommendations
27) Prepare and submit preliminary design plans (approximately 30% complete
with adequate detail to establish the project parameters) including the
following anticipated drawings:
Pier and Pier Public Use Improvements
(a) Cover Sheet.
(b) General Notes, Abbreviations and Design Criteria (one sheet)
(c) Project Layout(one sheet)
EXHIBIT"A-1"
Page 4 of 7
•
(d) Site Plans ( two sheets)
(e) Pier Option 1 and Pier Option 2 Plans and Sections (two sheets)
(f) Pier Structural Details (two sheets)
(g) Pier Public Use Options 1 and 2- Plans and Sections including renderings.
(four sheets)
(h) Demolition Plans and Sections (two sheets)
(i) Electrical and Lighting Plans and Sections (three sheets)
Sitework and Landside Public Use Improvements
(a) Cover Sheet.
(b) General Notes, Abbreviations and Design Criteria (one sheet)
(c) Project Layout (one sheet)
(d) Sitework Plan and Sections (two sheets)
(e) Landside Public Use Options 1 and 2 - Plans and Sections including
renderings (four sheets)
(f) Drainage Plan and Sections (two sheets)
(g) Electrical and Lighting Plans and Sections (three sheets)
28) Provide QA review of deliverables.
29) Submit the Engineering Letter Report to the City and participate in a review
meeting.
30) The Final Engineering Letter Report will incorporate review comments from
the City review meeting. The City's review will include the final selection of a
Pier and Pier Public Use option and Sitework and Landside Public Use
option.
2. Design Phase (To Be Authorized Under Future Amendment)
a) Finalize the structural, civil and electrical engineering analysis and architectural
design of the tasks noted in the Preliminary Design and prepare CAD drawings
for the deliverables noted below.
b) Deliverables
1) 60% Submittal
Plans—Anticipated drawings include the following
Pier and Pier Public Use Improvements
(a) Cover Sheet (1 Sheet)
(b) General Notes Abbreviations and Design Criteria (2 Sheets)
(c) Estimated Quantities (2 Sheet)
(d) Overall Layout/Project Control/Utility Layouts (2 Sheet)
(e) Site Plans ( 2 sheets)
(f) Testing Schedule (1 Sheet)
(g) Demolition Plans and Sections (4 Sheet)
(h) Pier Plans and Sections (8 Sheets)
EXHIBIT"A-1"
Page 5 of 7
(i) Pier Public Use Plan and Sections (8 Sheets)
(j) Electrical and Lighting Plan and Sections (4 Sheets)
Sitework and Landside Public Use Improvements
(k) Cover Sheet (1 Sheet)
(I) General Notes Abbreviations and Design Criteria (2 Sheets)
(m)Estimated Quantities (2 Sheet)
(n) Overall Layout/Project Control/Utility Layouts (2 Sheet)
(o) Testing Schedule (1 Sheet)
(p) Sitework Plan and Sections (6 Sheets)
(q) Landside Public Use Plan and Sections ( 9 sheets)
(r) Electrical and Lighting Plan and Sections (4 Sheets)
(s) Miscellaneous Details (4 Sheets)
2) Standard sheets including
(a) City Standard Details (10 Sheets)
(b) Construction Phasing Layout and General Notes (1 Sheet)
(c) Traffic Control (1 Sheet)
(d) SW3P Notes (1 Sheet)
(e) SW3P BMPs (1 Sheet)
(f) SW3P Plan Sheets (2 Sheets)
3) Other documents
(a) Plan Executive Summary, Project Checklist, Drawing Checklist
(b) Opinion of Probable Construction Cost
4) 90% Submittal
(a) Plans
(b) Contract Documents
(c) Opinion of Probable Construction Cost
5) 100% Submittal
(a) Plans
(b) Contract Documents
(c) Opinion of Probable Construction Cost
6) Bid Set Submittal
(a) Final Plans
(b) Contract Documents
(c) Opinion of Probable Construction Cost
c) Participate in review meetings (60% Submittal, 90% Submittal and 100%
Submittal). Prepare meeting agenda and meeting minutes.
d) Provide QA review of deliverables.
e) Prepare Monthly Status Reports
B. ADDITIONAL SERVICES (ALLOWANCE)
1. Permit Preparation
a) US Army Corps of Engineers Permit
EXHIBIT"A-1"
Page 6 of 7
(1) Coordinate with the USACE in regard to a Nationwide Permit 3 or a Section
10 , and determine what USACE permit documents are required (one
meeting).
(2) Coordinate a pre-application/review meeting with the USACE (one meeting).
(3) Prepare the USACE documents in the City's name.
(4) Coordinate with the USACE in regard to questions, comments or requests for
information the USACE may need during the review and approval process.
We anticipate two rounds of comments and responses.
b) TDLR
(1) Register project with TDLR and submit registration fee
(2) Provide copy of contract documents to TDLR and submit plan review fee
(3) Prepare request for inspection on behalf of City
(a) A/E to coordinate and pay for RAS inspector directly
2. Real Estate
a) Provide NE support and or surveys for lease or easement agreements with GLO.
NE shall submit a contract amendment and fee proposal for City's approval and
acceptance prior to performing the work. (To be determined)
EXHIBIT"A-1"
Page 7 of 7
COLE PARK PIER IMPROVEMENTS
CITY PROJECT NO. 18171A
SUMMARY OF FEES
Original Total Contract
Basic Services: Contract
1A INITIAL PRELIMINARY PHASE (T&M)* $100,000.00 $100,000.00
1B REMAINDER PRELIMINARY PHASE TBD TBD
2 DESIGN PHASE TBD TBD
3 BID PHASE TBD TBD
4 CONSTRUCTION ADMINISTRATION PHASE TBD TBD
Subtotal Basic Services $100,000.00 $100,000.00
Additional Services:
1 PERMIT PREPARATION ** TBD TBD
2 ROW IDENTIFICATION SURVEY (TBD TBD TBD
3 TOPOGRAPHIC & BATHYMETRIC SURVEY ** TBD TBD
4 ROW ACQUISITION & PARCEL MAPS (TBD) TBD TBD
5 ENVIRONMENTAL ISSUES (TBD) TBD TBD
6 PUBLIC INVOLVEMENT (TBD) TBD TBD
7 CONSTRUCTION OBSERVATION SERVICES * TBD TBD
8 WARRANTY PHASE ** TBD TBD
9 GEOTECHNICAL INVESTIGATION ** TBD TBD
Subtotal Additional Services TBD TBD
Summary of Fees:
Basic Services Fees $100,000.00 $100,000.00
Additional Services Fees TBD TBD
Total Authorized Fees $100,000.00 $100,000.00
Council Approval
* Time and Materials (Not to Exceed)
**Additional Services authorized in coordination with the notice to proceed for Basic Services
and written authorization from the City to the A/E is required prior to performing these services.
TBD includes those services that may be amended into the contract at a later date.
EXHIBIT A-2
SUMMARY OF FEES
Page 1 of 1
Jacobs Engineering Group, Inc.
555 N.Carancahua,Tower II
JACOBSSuite 320
Corpus Christi,TX 78401
Tel 361.888.8100
Fax 361.888.8600
No.1-2020 CP
ENGINEERING AND INSPECTION CHARGE RATES
PROFESSIONAL SERVICES Hourly Rate
Principal in Charge 240.00$/hr EQUIPMENT AND TRANSPORTATION
Sr. Project Manager 210.00$/hr Transportation—Land 75.00/day
Senior Project Engineer 205.00$/hr (Whichever is greater) or
Senior Planner 205.00$/hr. IRS Rate
Landscape Planner 110.00$/hr
Senior Engineer II 185.00$/hr
Senior Engineer I 175.00$/hr
Senior Design Engineer 160.00$/hr
Design Engineer 155.00$/hr
Sr. Designer 160.00$/hr
Senior Architect 175.00$/hr
Architect 140.00$/hr.
Senior CAD Technician 120.00$/hr
Construction Inspector 125.00$/hr
Construction Manager 155.00/$hr
Administrative Supervisor 120.00$/hr
DIRECT EXPENSES
Direct expenses incurred in connection with the project will be billed at a cost plus 10%. Cost may include 3rd party charges
and/or Jacobs internal rates. These expenses include:
a. Out of town living and traveling expenses.
TERMS OF PAYMENT
Charges will be billed monthly and are due upon receipt of the invoice.
SUBCONSULTANTS
Will be billed at cost plus 10%
EXHIBIT A-3
RATE SHEET
Page 1 of 1
Sample form for:
Payment Request
COMPLETE PROJECT NAME 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).
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EXHIBIT C
Insurance Requirements
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. The City must be
listed as an additional insured on the General liability and Auto Liability
policies, and 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
Commercial General Liability including: $1 ,000,000 Per Occurrence
1. Commercial Broad Form $2,000,000 Aggregate
2. Premises — Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
AUTO LIABILITY (including) $500,000 Combined Single Limit
1 . Owned
2. Hired and Non-Owned
3. Rented/Leased
PROFESSIONAL LIABILITY $1,000,000 Per Claim
(Errors and Omissions)
If claims made policy, retro date must
1 Rev 01/20
be prior to inception of agreement,
have 3-year 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, with the exception of professional liability, which may be
on a per claims made 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 Consultant is required to submit a copy of the replacement certificate of
insurance to City at the address provided below within 10 days of the requested
change. Consultant shall pay any costs incurred resulting 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 List the City and its officers, officials, employees and elected
representatives as additional insured by endorsement, as respects
operations, completed operation and activities of, or on behalf of, the
named insured performed under contract with the City with the exception
of the professional liability/Errors & Omissions policy;
1 .6.2 Provide for an endorsement that the "other insurance" clause shall not
apply to the City of Corpus Christi where the City is an additional insured
shown on the policy;
1 .6.3 Provide thirty (30) calendar days advance written notice directly to City of
any suspension, cancellation or non-renewal of coverage, and not less
than ten (10) calendar days advance written notice for nonpayment of
premium.
1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of
coverage, Consultant shall provide a replacement Certificate of Insurance and
2 Rev 01/20
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 order Consultant to remove the
exhibit hereunder, and/or 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.
3 Rev 01/20