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HomeMy WebLinkAboutC2022-271 - 11/15/2022 - Approved DocuSign Envelope ID:5DA93A8F-366A-4187-B546-A30244E42AE9 December 16, 2022 SCS Engineers FINANCE- Jeff Reed PROCUREMENT Vice President PO Box 9277 12651 Briar Forest Drive, Suite 205 Corpus Christi Houston, Texas 77077 Texas, 78469-9277 ieffreed Ccscsengineers,com Phone: 361.826.3160 Subject: Contract for Professional Services Solid Waste Facility Complex (Bond 2020) (Project No. 21007) (Service Agreement No. 4451) Notice to Proceed Dear Mr. Urban, Enclosed is the executed Contract, which was approved by City Council on November 15, 2022, by Motion Number M2022-165 for providing Professional Services for the subject project, for an amount not to exceed $328,050.00. You are now authorized to proceed with the contract. Sincerely, DacuSigned by: AC7548656E5B4EG_.. Josh Chronley Assistant Director of Finance-Procurement JC: jw Encl. cc: J.H. Edmonds, P.E., Director of Engineering Services DocuSign Envelope ID:5DA93A8F-366A-4187-B546-A30244E42AE9 ©� H SERVICE AGREEMENT NO. 4451 v CONTRACT FOR PROFESSIONAL SERVICES �NP'PPoPpPPT'E� 1852 FOR PROJECT (No./Name) Project No. 21007 — Solid Waste Facility Complex (Bond 2020) 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 SCS Engineers, 12651 Briar Forest Drive, Suite 205, Houston, Texas 77077, (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 ..................................................5 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 .................................................10 EXHIBITS Contract for Professional Services Page 1 of 12 DocuSign Envelope ID:5DA93A8F-366A-4187-B546-A30244E42AE9 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. Consultant will perform the Services in accordance with Exhibit A and with Consultant's response to the Request for Qualifications related to this project,which response is incorporated by reference into this Agreement as if set out here in its entirety. 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. 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 Exhibit A. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. Contract for Professional Services Page 2 of 12 DocuSign Envelope ID:5DA93A8F-366A-4187-B546-A30244E42AE9 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 V 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. 1.10 The Consultant agrees to conduct all communication through and perform all project-related functions utilizing the City's project management system known as e-Builder. This includes all correspondence, submittals, payment requests and processing, contract amendments and construction phase activities. 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 all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $ 328,050.00 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 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 Contract for Professional Services Page 3 of 12 DocuSign Envelope ID:5DA93A8F-366A-4187-B546-A30244E42AE9 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. 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. Contract for Professional Services Page 4 of 12 DocuSign Envelope ID:5DA93A8F-366A-4187-B546-A30244E42AE9 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 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Procurement Division. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.3 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. 4.4 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.5 This Agreement shall remain in force for a 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, Contract for Professional Services Page 5 of 12 DocuSign Envelope ID:5DA93A8F-366A-4187-B546-A30244E42AE9 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. 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 Contract for Professional Services Page 6 of 12 DocuSign Envelope ID:5DA93A8F-366A-4187-B546-A30244E42AE9 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. 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 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; Contract for Professional Services Page 7 of 12 DocuSign Envelope ID:5DA93A8F-366A-4187-B546-A30244E42AE9 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; (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, epidemics, 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 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. Contract for Professional Services Page 8 of 12 DocuSign Envelope ID:5DA93A8F-366A-4187-B546-A30244E42AE9 12.1.4 Within 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 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. 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 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 30 or more than 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 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 Contract for Professional Services Page 9 of 12 DocuSign Envelope ID:5DA93A8F-366A-4187-B546-A30244E42AE9 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. This Agreement is to perform a governmental function solely for the public benefit. Nothing in this Agreement 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 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 Provisions Required by Law. Each applicable provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were physically included herein. 13.3 Public Information. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Consultant agrees that the contract can be terminated if the Consultant knowingly or intentionally fails to comply with a requirement of that subchapter. 13.4 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. 13.5 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. 13.6 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. 13.7 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. Contract for Professional Services Page 10 of 12 DocuSign Envelope ID:5DA93A8F-366A-4187-B546-A30244E42AE9 13.8 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. 13.9 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form. 13.10 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_forml295.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.htm1. 13.11 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 you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 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, the Consultant's response to the Request for Qualifications related to this project, or 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. [Signature Page Follows] Contract for Professional Services Page 11 of 12 DocuSign Envelope ID:5DA93A8F-366A-4187-B546-A30244E42AE9 CITY OF CORPUS CHRISTI SCS ENGINEERS DacuSigned by: DacuSigned by; E121712022 � � 11/23/2022 SB5RF536F06E482._. �E'�A.A,.AAS.F� Jeff Edmonds, P.E. Date Jeff Reed Date Director of Engineering Services Vice President 12651 Briar Forest Drive, Suite 205 Houston, Texas 77077 (817) 358-6159 Office jeffreed@scsengineers.com APPROVED AS TO LEGAL FORM: Docusign/e��d��,by: .�+�� +/ iN1AdTUt,t,4 11/30/2022 RSDCGE501CB3416.._ Assistant City Attorney Date M2022-165 Authorized By 11-15-2022 Council ATTEST DacuSigned by:EDS �a 12/15/2022 r /C�is�sr�nnsdF2ALA s City Secretary Date Contract for Professional Services Page 12 of 12 DocuSign Envelope ID:5DA93A8F-366A-4187-B546-A30244E42AE9 Solid Waste Facility Complex- Prof. Engineering Services Bond 2020 Facilities/Parks & 2021 CIP Projects — RFQ 3409 Proposal for Preliminary Phase - Phase 1 Transfer Station Permitting and Conceptual Facility Design Services City Project Number 21007 - Solid Waste Facility Complex � v CITY OF CORPUS CHRISTI P. O. Box 9277 Corpus Christi, Texas 78469-9277 (361 ) 826-3500 1333KEIMM= <1 i! ,14ANSON Proposal No. 160008221 1 May 2021 Revision 4 November 2022 4501 Gollihar Road 12651 Briar Forest Drive, Suite 205 Corpus Christi, Texas 78411 Houston, Texas 77077 (361) 814-9900 (281) 293-8494 :l 0e I (A: 14 DocuSign Envelope ID:5DA93A8F-366A-4187-B546-A30244E42AE9 _Fa IL II e of Clb Ire U.e Ire U.s Background............................................................................................................................................2 Task 1 - New Transfer Station Application............................................................................................3 Task 2-Conceptual Facility Layouts......................................................................................................7 Subtask 2.1- Project Kickoff, Data and Operations Review...........................................................7 Subtask 2.2 -Concept Plan Development........................................................................................7 Subtask2.3-Summary Report.........................................................................................................8 Task 3 -Additional Services Tasks........................................................................................................9 Subtask 3.1 - Address TCEQ Administrative And Technical Review Comments Regarding New Transfer Station Application............................................................................................9 Subtask 3.2 - TCEQ Newspaper Notices Assistance......................................................................9 Subtask 3.3 - Public and COG Meetings Assistance ......................................................................9 Scheduleand Fee.................................................................................................................................1® Assumptions.........................................................................................................................................12 Solid Waste Facility Complex-Transfer Station www.scseo lgio leers.0 orn Permitting and Conceptual Facility Design allnlilk:�liQ of '14 DocuSign Envelope ID:5DA93A8F-366A-4187-B546-A30244E42AE9 BACKGROUND The City of Corpus Christi Engineering and Solid Waste Services Department have a vision of creating a unified campus (Facility) to serve the needs of the Solid Waste Department. This Facility, to be located on an 89.64-acre (per land title survey provided) property adjacent to the J.C. Elliott Landfill/Transfer Station, may include: a transfer station, an administration building, and a fleet services facility that will include both parking infrastructure and a fueling facility. This overall project, as identified in the RFQ 3409, will include the remaining three components and will occupy portions of the eastern side of the property. Each of these three components is an important part of the City's vision for the new Solid Waste Department complex � and each will bring its own challenges to permitting, design r and development. It will be important to determine the best fit for these facilities within the useable limits of the property as well as to optimize the functionality of all of the complementary infrastructure and operations. There will be many siting criteria to take into consideration when determining the ideal layout for the Facility. Some of these are: traffic flow, including attention to public accessibility; floodplain issues; Texas Department of Transportation (TxDOT)driveway location restrictions; visual Mock Layout of solid waste Facilities screening; stormwater detention requirements; and Naval (from 8/18/20 Solid Waste Services) Air Station Corpus Christi Joint Land Use Study considerations; among others. The SCS Project Team has extensive experience in leading clients through the process of addressing various site restrictions posed by a specific location in order to bring a project's vision to reality. An additional value provided by us is that Hanson, as part of the SCS Team, will be performing a constraints analysis on the entire property to examine many of the concerns mentioned above. This proposal covers the first portion of our overall services for this work, which we have labelled as Preliminary Phase - Phase 1. For this portion of the work we will prepare a transfer station permit or registration application for review and approval from the Texas Commission on Environmental Quality (TCEQ). A second task of this phase is included to prepare the conceptual layout of the Facility considering:the entrance location,traffic considerations,truck queuing at the gate, scale details,the conceptual building layout for the transfer station/administration building,fueling area, maintenance area for hauling vehicles, and potential site obstacles including: floodplains, wetlands, easements, pipelines, Cabaniss Airfield proximity concerns, and powerlines. The ultimate Scope of Services authorized under this contract will encompass not only the Scope of Services described as Phase 1 services as follows, but will also eventually encompass detailed design of the transfer station,administrative building, maintenance and fueling areas,truck parking,entrance and exits to the property for construction, bid assistance and construction-phase services as part of Phase 2.Atthis time, however,the conceptual layout must be prepared and approved as part of Phase 1 so that a scope forthe Phase 2 services can be reliably developed to reflectthe level of effort needed. As we approach completion of Phase 1, as described herein, we will provide a Scope of Services,fee estimate, project schedule, and list of deliverables associated with Phase 2 for review and approval by the City. Solid Waste Facility Complex-Transfer Station www.scsenc�ineers.coo� Permitting and Conceptual Facility Design II'nI111:1IIQ g , 3 (�: '1 4 DocuSign Envelope ID:5DA93A8F-366A-4187-B546-A30244E42AE9 TASK 1 - NEW TRANSFER STATION APPLICATION Task 1 of the Phase 1 services is for the preparation of a Type V permit or registration application for a new Municipal Solid Waste (MSW)transfer station for the City's submittal to TCEQ depending on the permitting strategy developed and discussed with the TCEQ. Whether the application is a permit or a registration,the components within either application described in this subtask are the same. The permitting mechanism is an important consideration in any new or expanded existing MSW facility, whether landfill or transfer station. For a transfer station, a new facility can be registered or permitted. The single most significant difference between a registration and a permit is a registration is not subjectto a contested case hearing.A contested case hearing canjeopardize a viable project or extend the time from months to years for TCEQ approval. In many instances, a registration can provide the shortest pathway to regulatory approval. A new transfer station can be registered if it meets certain criteria, such as being located within the permit boundary of an existing landfill under 30 TAC 330.9(b)(4). Adjacent to the new transfer station property is the existing J.C. Elliott Landfill. In order to take advantage of the above registration criteria, the landfill permit boundary would need to be expanded to incorporate the land upon which the new transfer station will be located. Expanding the landfill permit boundary would require a notice modification of the landfill permit under 30 TAC 305.70(k)(7). It is recommended a meeting with TCEQ at the outset of the project be conducted to discuss the above plan. If the TCEQ concurs,the landfill permit will require a modification in addition to the new transfer station registration. If this strategy is not employed,the permit option exists.The new transfer station application would be for a permit. This would potentially subject the application to a contested case hearing process. Lastly,there is no viable mechanism to amend the existing transfer station.Since this is a new building in a new location on different property, the TCEQ would consider this a new facility and it will be assigned a new permit or registration number. This application will primarily incorporate the acceptance of municipal solid waste, including solid waste resultingfrom or incidental to municipal,community,commercial, institutional,and recreational activities, including garbage, rubbish, ashes,street cleanings,dead animals,abandoned automobiles, and all other solid waste other than industrial solid waste. MSW transfer stations may also accept industrial solid waste, defined as solid waste resulting from or incidental to any process of industry or manufacturing, or mining or agricultural operation. This task assumes that regulated hazardous wastes and radioactive wastes will not be accepted except for hazardous wastes from conditionally exempt small quantity generators, and that special wastes may be accepted. The conceptual layout for the entrance, traffic patterns and transfer station building for use in the application will be developed in Task 2. The application will include the following: • Submittal Letter • TCEQ Core Data Forms • TCEQ Type V Facility Checklist • TCEQ Part I Form Adjacent landowner list and map (1/4-mile radius) • Part Vill in accordance with 30 TAC 330.59 and 330.61 (Parts I and II are typically Solid Waste Facility Complex-Transfer Station www.scseo lgio leers.0 orn Permitting and Conceptual Facility Design allnlilk:�liQ 4 of '14 DocuSign Envelope ID:5DA93A8F-366A-4187-B546-A30244E42AE9 combined): Supplemental Technical Report Existing Conditions Summary Waste Acceptance Plan Impact on Surrounding Area Transportation Study (desktop road volume study, assumes no roadway upgrades or other design and notifications necessary) Geology and Soils Statement(no borings or studies proposed) Groundwater and Surface Water Study (conduct regional based desktop search for hydrogeologic and surface water information, no additional studies proposed) Abandoned Oil and Water Wells Study (conduct desktop search for oil and water well information) Floodplains and Wetlands Statement (Proposal assumes no Floodplain; Wetlands investigation provided by others under separate contract) Endangered or Threatened Species (provided by others under separate contract) Historical Commission Review (a letter request for review only, no studies proposed) Council of Governments and Local Government Review Request Location Restrictions (Subchapter M) - Easements, Buffer Zones (50 feet) and Rights-of-Way - Airport Safety - Floodplains - Groundwater (Edwards Aquifer, Not Applicable) - Endangered or Threatened Species - Wetlands - Fault Areas - Seismic Impact Zones - Unstable Areas - Coastal Areas - Type I and IV Landfill Permit Issuance Prohibited (Not Applicable) Legal Description and drawing (legal description and drawing for TS permit boundary provided by others under separate contract) Applicant's Statement Property Owners Affidavit Applicant's Appointment and Legal Authority Engineer's Appointment Evidence of Competency Adjacent and Potentially Affected Landowners Figures, Including - General Location Map - County Highway Map - Topographic Map - Land Use Map - Aerial Photograph (obtained from Google Earth) - Landowner Map - Airport Map - Floodplain Map - Geology Map - Seismic Impact Zone Map - Facility Layout Maps (Conceptual level layouts developed in Task 2) Permit Related Correspondence, Including Solid Waste Facility Complex-Transfer Station www.scseV 1giV feel S.0 C7 T Permitting and Conceptual Facility Design allnlilk:�liQ of '14 DocuSign Envelope ID:5DA93A8F-366A-4187-B546-A30244E42AE9 - TxDOT - Texas Historical Commission - TCEQ Water Quality - Federal Aviation Agency - Local Council of Government - U.S. Corps of Engineers - Texas Parks and Wildlife - U.S. Fish and Wildlife • Part III in accordance with 30 TAC 330.63: Site Development Plan: - Introduction - Solid Waste Data - Facility Access - Facility Waste Movement and Design - Facility Sanitation - Water Pollution Control - Endangered Species Protection - Surface Water Drainage Report - Flood Control Analyses - Waste Management Unit Design - Geology Report (not required per TCEQ) - Groundwater Sampling and Analysis Plan (not required per TCEQ) - Landfill Gas Management Plan (not required per TCEQ) - Closure Plan - Post-Closure Plan (not required per TCEQ) - Cost Estimate for Closure and Post-Closure Care (Subchapter L) Attachment 1,Site Layout Plan: - Facility Design Features (2 drawings) - Schematics with Flow Chart Attachment 2,Surface Water Drainage Plan Attachment 3, Closure Plan Attachment 4, Cost Estimate for Closure • Part IV: Site Operating Plan Prepare Operating Plan to conform to 30 TAC 330 Subchapter E, Operational Standards for Municipal Solid Waste Storage and Processing Units regulations, including: - Waste Acceptance and Analysis - Facility Generated Waste - Contaminated Water Management - Storage Requirements - Approved Containers - Citizen's Collection Stations - Requirements for Stationary Compactors - Pre-Operation Notice - Recordkeeping and Reporting Requirements - Fire Protection - Access Control - Unloading of Waste - Spill Prevention Control Solid Waste Facility Complex-Transfer Station www.scseo lgio leers.0 orn Permitting and Conceptual Facility Design allnlilk:�liQ of '14 DocuSign Envelope ID:5DA93A8F-366A-4187-B546-A30244E42AE9 - Operating Hours - Facility Sign - Control of Windblown Material and Litter - Materials Along the Route to the Facility - Facility Access Roads - Noise Pollution and Visual Screening - Overloading and Breakdown - Sanitation - Ventilation and Air Pollution Control - Health and Safety - Employee Sanitation Facilities SCS will require a site boundary description and topographic map for the entire property. We understand this will be prepared separately by others under a separate contract. In addition, we'll require a metes and bounds description and boundary map for the transfer station permit or registration boundary signed and sealed by a Registered Land Surveyor. We understand this will be prepared separately by others under a separate contract. The transfer station vehicle routing, and building layout,design and details will be developed in close collaboration with the City.The application will include schematic, conceptual plans and details. We will provide draft applications for review at two milestones; one at 60% and one at 90%. For each draft,we will prepare 2 draft copies of the new transfer station application package forthe City's review and comment. Upon receipt of the City's comments to the 90% draft, we will finalize the application and submit 7 copies of the permit application: 2 copies for the City, 4 copies for the TCEQ, and 1 copy for the City to locate at a publicly accessible location for review and copying by the public (i.e.: a local library or City Hall). Our fee includes one in-person or Zoom meeting with the City and TCEQ at initiation of the project to inform TCEQ of the project and discuss strategy for permitting/registering the new transfer station. Additionally, we have also included three meetings in this subtask, one at the beginning of this task as a kickoff (in conjunction with the Task 2 services), one at 60% and another at or near the 90% complete stage. We will prepare a scanned .pdf file of the permit application and will post the files on SCS's State Required Posting web site. Subtask 1.1 Deliverables: 1. 60 and 90%Draft Permit Applications for review by the City 2. Permit Application for Administrative Review by TCEQ 3. Permit Application for Technical Review by TCEQ Solid Waste Facility Complex-Transfer Station www.scseV 1giV feel S.0 C7 T Permitting and Conceptual Facility Design allnlilk:�liQ .7 of '14 DocuSign Envelope ID:5DA93A8F-366A-4187-B546-A30244E42AE9 TASK 2 - CONCEPTUAL FACILITY LAYOUTS Task 2 covers the preparation of the conceptual facility layouts. We have three subconsultants that will be working with us on this project. Hanson will provide civil design services,SNT will be performing architectural services for the office building, and Tait will provide the layout details regarding the fueling facility. Hanson will work in collaboration with SCS, the City, and the other subconsultants to develop a conceptual facility layout that incorporates each of the components that will be a part of the complex, including an enclosed transfer station, an administration building, and a fleet services facility that includes parking infrastructure, minor vehicle maintenance capabilities, and a fueling station for gasoline, diesel and CNG fuels. Hanson will prepare two draft conceptual layouts, and prepare a final conceptual layout based upon the preferred draft option. Hanson will prepare a preliminarystormwater management plan for the final conceptual layout that will address hydraulics and hydrology, stormwater quality, and stormwater detention. Hanson will also prepare a basic cut/fill analysis of the proposed site incorporating the proposed building components and stormwater management channels and ponds. SNT will provide architectural services in support of the conceptual facility and will establish the administration building's organizational layout and room adjacencies.The intent of the administration building design services will be to establish public spaces, work group zones, building access points and the type of support spaces needed for an efficient solution to meet the City's needs. Coordination with the adjacent transfer station building will be made. Tait will serve as the fueling systems designer for the Solid Waste Facility Complex conceptual design. They will collaborate with the City and SCS team members to develop conceptual designs for a fueling facilitythat will include liquid fuels (gasoline,diesel)and CNG. Liquid fuelingfacility considerations will include AST versus USTforfuel storage,storage tank capacity,dispenser locations and configurations, and canopy locations and configurations, among others. Tait will utilize a subconsultant, Morris & Associates,to provide the CNG conceptual design. Each of the subconsultants will work under the direction of SCS.This work will be performed as further described in the subtasks below. SUBTASK 2.1 - PROJECT KICKOFF, DATA AND OPERATIONS REVIEW For this second task, we will start the conceptual layout design by attending a project kickoff meeting with the City's project team and relevant stakeholders(concurrently with the transfer station permitting kickoff meeting). During this meeting the variety of services that are desired to be incorporated into the concept plan will be established. Prior to and following this meeting a request for data and reports that will be used to evaluate and size the desired facilities will be provided. In conjunction with this meeting, a site evaluation will be performed to obtain input on planned operations and desired improvements. At the completion of field activities, two conceptual plans will be developed locating the various uses within the Facility. SUBTASK 2.2 - CONCEPT PLAN DEVELOPMENT The development of both conceptual plans will take into account the information we obtain from site personnel, our observations of site operations, and the information/options presented in the project kickoff meeting. Up to two different concepts will be developed for the following Facility uses: Solid Waste Facility Complex-Transfer Station www.scseo lgio leers.0 orn Permitting and Conceptual Facility Design allnlilk:�liQ �3 of '14 DocuSign Envelope ID:5DA93A8F-366A-4187-B546-A30244E42AE9 • Transfer station; • Recycling/public drop-off facility; • Maintenance shop; • Administrative building; • Scales and scalehouse; • Fueling facility(both compressed natural gas and diesel); and • Employee and equipment parking. As an example for this portion of our work,a conceptual Administrative building layout will be prepared for review and comment by the City. Based on initial discussions on staff occupancy and amenities, the conceptual layout will establish the building's organizational layout and adjacencies desired in a final design. An approved concept layout will provide direction to the design team for developing a detailed design in Phase 2 of this overall project. The administration building design will take into consideration daily and post-event operations supporting administrative and field operations staff. Support spaces will include typical office environment spaces conducive for an efficient yet flexible design for future modifications as building use may change for future services needed by the Solid Waste Department. We understand that multiple review sessions of the draft concept plans will be necessary to narrow down the project to a final concept plan. Based on our conversations,we have assumed that two draft plans will be provided for review and comment. We will make the appropriate revisions and narrow these down to a single site concept. Once the final concept has been developed, a summary report that documents this concept will be prepared. Deliverables: 1. Draft Conceptual Layout(s) - up to two concepts 2. Final Conceptual Layout SUBTASK 2.3 - SUMMARY REPORT The summary report, which will be prepared for the final conceptual layout,will establish the basis-of- design. This report will document the different areas of work, the basic assumptions of each feature, and the decisions that were made in the previous tasks. This report will be used in Phase 2 of the overall project to develop the construction/budding documents and will be updated throughout the project as decisions are made and changes to the design occur. Deliverable: 1. Summary Report for Final Conceptual Layout Solid Waste Facility Complex-Transfer Station www.scseo lgio leers.0 orn Permitting and Conceptual Facility Design allnlilk:�liQ of '14 DocuSign Envelope ID:5DA93A8F-366A-4187-B546-A30244E42AE9 TASK 3 - ADDITIONAL SERVICES TASKS The following additional services tasks must be authorized by the City prior to the work commencement. These Task 3 subtasks, if separately approved by the City, are proposed to be conducted and billed on a time and material basis. SUBTASK 3.1 - ADDRESS TCEQ ADMINISTRATIVE AND TECHNICAL REVIEW COMMENTS REGARDING NEW TRANSFER STATION APPLICATION This subtask includes the fee for addressing TCEQ administrative and technical Notice of Deficiency (NOD) review comments on the new transfer station application. This includes preparing a scanned .pdf file of any revisions or responses regarding the application and posting the file on SCS's State Required Posting website. Since the complexity and scope of the TCEQ's comments are difficult to estimate,staff time is included in this subtask for typical leve/of comments. Subtask 3.1 Deliverables: 1. Prepare an Administrative Review comment response(s) letter and application revisions to TCEQ. 2. Prepare a Technical Review comment response(s)letter and application revisions to TCEQ. SUBTASK 3.2 - TCEQ NEWSPAPER NOTICES ASSISTANCE This subtask is included to assist the City with their preparation of, publishing of, and certification of newspaper notices of the administrative and technical approval of the new transfer station application. When TCEQ issues their administrative approval of the permit application, they will require the City to publish a notice in the local newspaper. This may include an alternative language publication. Additionally, a second publication will be required when TCEQ issues their technical approval of the permit application. Our proposed fee assumes that any fees for newspaper publications will be paid directly by the City. SCS understands the City will complete this subtask but SCS has included staff time in this proposal for minor assistance. Subtask 3.2 Deliverables: 1. Assist City with their preparation of an Administratively Complete notice package. Provide Notice language to City for publication in newspapers 2. Assist City with their preparation of a Technically Complete notice package. Provide notice language to City for publication in newspapers SUBTASK 3.3 - PUBLIC AND COG MEETINGS ASSISTANCE This task is for assisting the City with the preparation of a potential public meeting associated with the project. During the pandemic, public meetings have been held over Zoom calls versus in person. It is unknown at this time which would be required by the TCEQ. Since the nature of the issues are difficult to estimate, this subtask includes limited staff time in this proposal for presentation assistance. If needed, we have assumed one team member will provide backing support to the City at a public meeting. In addition, a presentation regarding the project is sometimes requested by the Council of Governments (or subcommittees thereof) for a transfer station permit application. This subtask includes limitedstafftime forpresentation assistance andattendance. If needed, we have assumed Solid Waste Facility Complex-Transfer Station www.scseV"nirieers.cnm Permitting and Conceptual Facility Design 10 of 14 allnlilk:�liQ DocuSign Envelope ID:5DA93A8F-366A-4187-B546-A30244E42AE9 one team member will provide backing support to the City at a COG meeting. Subtask 3.3 Deliverables: 1. Assist City with public meeting and COG presentation 2. Attend public meeting and COG meeting SCHEDULE AND FEE We will initiate work immediately upon receipt of notice-to-proceed from the City. Our first meetings will be scheduled to conduct a site visit within the first 2 weeks of notice-to-proceed depending on the City's availability. A proposed schedule for the work for key tasks is proposed below in bullet format followed by a graph. • Task 1 can be completed within 9 months from notice-to-proceed pending completion of services from others, assuming a Floodplain Analysis, TxDOT driveway permit and traffic analysis and/or a wetlands permit is not needed. • Additional Services Subtasks 3.1 through 3.3 are anticipated to be completed as needed, but that they would follow the completion of Task 1. • The initial draft conceptual layout(s) will be submitted within 6 weeks of the project kickoff meeting. Upon selection of the conceptual layout of the entire Facility,the conceptual transfer station layout and building plan will be incorporated in the Task 1 new TS application.Task 2 is anticipated to be completed within 3 weeks of receipt of final City comments on the draft conceptual plans and the receipt of all information needed to refine the information into one, final conceptual layout. MONTHS TASK N 1.New Transfer Station+n n ifikation . •n .... . ..... MOM . MMMIMMAMMIM Regarding our proposed fees,Table 1 below shows the proposed fees for the base tasks presented in this proposal.Table 2 shows the potential additional services for City authorization as the need arises. All tasks and subtasks are proposed on a time-and-materials, not-to-exceed fee basis. A copy of our proposed fee schedule is included in Appendix A. Table 1 - Preliminary Phase- Phase 1 Proposed Fees by Task— Basic Services ProposedTask # I Task Name 1 New Transfer Station Application $139,530 2 Conceptual Facility Layouts $124,500 Total :. 00 Solid Waste Facility Complex-Transfer Station www.scsenc�ineers.coo� Permitting and Conceptual Facility Design II'nI111:1IIQ g , °i'1 1 DocuSign Envelope ID:5DA93A8F-366A-4187-B546-A30244E42AE9 Table 2 - Preliminary Phase - Phase 1 Proposed Fees by Task— Potential Additional Services ProposedTask # Task Name 3.1 Address TCEQ Comments Regarding New TS Application $44,650 3.2 TCEQ Newspaper Notices Assistance $4,600 3.3 Public and COG Meetings Assistance $14,770 Total . . 00 Total Project Fee (Basic and Additional Services) -$328,050 The above fees are organized in accordance with the below summary of fees: Original Total Contract Basic Services: Contract Preliminary Phase $264,030.00 $264,030.00 Design Phase $0.00 Bid Phase $0.00 Construction Admin Phase $0.00 Subtotal Basic Services $264,030.00 $264,030.00 Additional Services: Permit Preparation $49,250.00 $49,250.00 Topographic Survey $0.00 ROW Acquisition Survey $0.00 Environmental Issues $0.00 Public Meetings $14,770.00 $14,770.00 Construction Observation $0.00 Traffic Control $0.00 Signalization Improvements $0.00 Warranty Phase $0.00 Construction Inspection (T&M) $0.00 Platting Survey $0.00 O & M Manuals $0.00 SCADA $0.00 Subtotal Additional Services $64,020.00 $64,020.00 Summary of Fees: Basic Services Fees $264,030.00 $264,030.00 Additional Services Fees $64,020.00 $64,020.00 Total Authorized Fees $328,050.00 $328,050.00 Solid Waste Facility Complex-Transfer Station www.scseV 1giV feel S.0 C7 T Permitting and Conceptual Facility Design allnlilk:�liQ °12 of 'i 4 DocuSign Envelope ID:5DA93A8F-366A-4187-B546-A30244E42AE9 ASSUMPTIONS We have developed the Scope of Work based on our understanding of the project. The following is a list of assumptions used in the development of the scope of work, schedule and fees for the Phase 1 services: • Survey Services. Others will provide a ground topographic survey with a map, boundary survey, and metes-and-bounds description for the transfer station permit/registration boundary, an adjacent landowner map and list within 1/4 mile of the permit boundary, and drainage, pipelines, and utility easement map within the permit/registration boundary.Others will prepare the ground survey and prepare a topographic map in AutoCad format. Others will utilize a registered survey firm in Texas for this work that has significant experience completing these surveys for solid waste facilities,who will prepare the other surveys and maps.These drawings and lists will need to be included in the permit application.This scope of work is not included in this scope of work but can be included in the next phase of services for this contract. Traffic and Access Road Assessment. Traffic study proposed for Task 1 is for transfer station permitting/registration only and is a limited traffic count study. Road upgrades or additional traffic studies, such as Traffic Impact Analyses, and driveway permits are not included in this scope of work but can be included in the next phase of services forthis contract. In addition,any traffic study needed for other entrances/exits to property, unrelated to the transfer station, is not included in this scope of work but can be included in the next phase of services for this contract. • Wetlands Permitting. Any scope of services related to wetlands is provided by others. However, if needed, SCS could provide a fee estimate for wetlands and waters of the US delineation, coordination with USACE and meetings with USACE, preparation of an individual permit or assist the City with mitigation. If required by USACE,we also can prepare a pre-construction notification (PCN)for submittal of a Section 404 Nationwide Permit application to the USACE to be included in the next phase of services. Endangered Species. Permitting and mitigation of potential endangered species located on the property is not included in this scope of services. However, if requested by the City, SCS could provide a fee estimate for endangered species habitat survey, agency coordination with Texas Parks and Wildlife and US Fish and Wildlife Service. • Bird studies are not included in this phase of services. Flood Plain Study or CLOMR. This proposal assumes these services will not be needed for the transfer station permit application. However, if the buildings or other critical facilities on the property are located in the 100-year floodplain, we could prepare a CLOMR to remove said facilities from the floodplain under a separate scope of services included in the next phase of services for this contract. Preparation of other permit applications or approvals that may be required for the facilities is not included (e.g., TPDES Stormwater Notice of Intent, Stormwater Pollution Prevention Plan required after issuance of MSW permit,Air Permits). Newspaper publishing will be the responsibility of the City, and newspaper fees will be paid directly by the City. The City will lead a potential public meeting and/or council of governments (COG) meeting for the new transfer station application. Preparation for and participation in a Public Hearing for a Permit Application is not included. If Solid Waste Facility Complex-Transfer Station www.scseV 1giV feel S.0 C7 T Permitting and Conceptual Facility Design allnlilk:�liQ 13 of '14 DocuSign Envelope ID:5DA93A8F-366A-4187-B546-A30244E42AE9 required, our project team has significant experience in preparing for and serving as expert witnesses at various legal proceedings, including contested case hearings for solid waste facilities in Texas. • Changes resulting from new regulations. Our team will monitor the evolution of state rules in an effort to avoid an impact on this application. • Construction drawings or technical specifications other than the conceptual drawings are not included. • It is assumed that the City will provide certain items, including: legal description and metes-and -bounds survey showing easements, rights-of-way, etc., for the entire property and evidence of financial assurance. • In the course of interagency review of the permit application, certain agencies may request additional information that requires further study. Given the uncertainty of the need for such additional studies, such studies (e.g., historical, archaeological, land use, etc.) are not included in the proposal. • This property is located in Nueces County. As such, pursuing re-zoning, platting or other local land use approval is not included in this scope of services. • Any permit modifications/amendments contemplated for the adjacent landfill is not included in this scope of work. Technical Assumptions • Easements and right of ways will be provided by the City for the entire 89.64-acre property. • We will designate a permanent benchmark for the transfer station in the application documents. However, the benchmark will not be installed until the construction phase of this contract in Phase 2. • We understand that a constraints analysis, which would identify potential location restriction items of concern is being prepared for the property and will be provided by others. This information will serve as a basis for the layouts and potential impacts to certain facilities. • The City wishes to utilize the existing inbound scales at the existing transfer station site, but upgrade the scalehouse for the new transfer station. • A waterline and sanitary sewer will be provided for the transfer station building, administration building, and scalehouse. • The City requests one inbound and outbound scale with ample passing lanes. • Anticipate a maximum of 2,000 tons per day, or as the waste intake and building can ultimately support,for the permit application. • The transfer station will include two loading tunnels at a minimum. • The transfer station will include a reinforced concrete floor. • The City wishes to consider a permitting mechanism to potentially expand the permit boundary of the adjacent closed landfill to incorporate the new transfer station boundary as a landfill permit modification and pursue the new transfer station application as a registration. Solid Waste Facility Complex-Transfer Station www.scseV 1giV feel S.0 C7 T Permitting and Conceptual Facility Design allnlilk:�liQ 14 of 14 DocuSign Envelope ID:5DA93A8F-366A-4187-B546-A30244E42AE9 Sample form for: COMPLETE PROJECT NAME Payment Request 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 O&M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD SCADA TBDI TBDI TBDI TBD TBDI TBDI TBD TBD TBD Subtotal Additional Services $2,000.001 $1,120.001 $1,627.001 $4,747.00 $500.001 $0.001 $500.00 $4,247.00 10.5% Summary of Fees: Basic Services Fees $6,000.00 $1,000.001 $1,250.00 $8,250.00 $1,000.00 $1,500.001 $2,500.00 $5,750.00 30.3% Additional Services Fees $2,000.00 $1,120.001 $1,627.00 $4,747.00 $500.00 $0.001 $500.00 $4,247.001 10.5% Total of Fees $8,000.00 $2,120.001 $2,877.00 $12,997.00 $1,500.00 $1,500.001 $3,000.00 $9,997.001 23.1% Notes: A PURCHASE ORDER NUMBER MUST BE INCLUDED ON ALL INVOICES AND INVOICE CORRESPONDENCE.FAILURE TO COMPLY WILL RESULT IN DELAYED PAYMENT OF INVOICES. If needed, update this sample form based on the contract requirements. v X If applicable, refer to the contract for information on what to include with time and materials(T&M). (Q 3 (D LT O W DocuSign Envelope ID:5DA93A8F-366A-4187-B546-A30244E42AE9 EXHIBIT D Insurance Requirements Pre-Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have 3-year reporting period provisions or be maintained for 3 years after project completion. 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 Rev 12/20 DocuSign Envelope ID:5DA93A8F-366A-4187-B546-A30244E42AE9 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 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 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. 2 Rev 12/20 DocuSign Envelope ID:5DA93A8F-366A-4187-B546-A30244E42AE9 EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services is NULL to this Agreement. EXHIBIT D Page 1 of 1 DocuSign Envelope ID:5DA93A8F-366A-4187-B546-A30244E42AE9 SUPPLIER NUMBER TO BE ASSIGNED BY CITE PURCHASING DIVISION City o1- CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Stearns, Conrad and Schmidt Consulting Engineers Inc., dba SCS Engineers P.O.BOX: STREET ADDRESS: 12651 Briar Forest Dr., Ste 205 CITY: Houston ZIP: 77077 FIRM IS: 1. Corporation ® 2. Partnership ❑ 3. Sole Owner E]4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary please use the reverse si ` de of this page or attach separate sheet. 1. State the names of each employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Job Title and City Department(if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Consultant N/A EXHIBIT"E" Page 1 of 2 DocuSign Envelope ID:5DA93A8F-366A-4187-B546-A30244E42AE9 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Jeffrey K. Reed Title: Vice President (Type or Print) Signature of Certifying Date: 11/1/2022 Person: DEFINITIONS a. `Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional,industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT"E" Page 2 of 2 DocuSign Envelope ID:895B6A2A-45A7-4EC9-946E-E13BA62382EB ©� H SERVICE AGREEMENT NO. 4451 v CONTRACT FOR PROFESSIONAL SERVICES �NP'PPoPpPPT'E� 1852 FOR PROJECT (No./Name) Project No. 21007 — Solid Waste Facility Complex (Bond 2020) 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 SCS Engineers, 12651 Briar Forest Drive, Suite 205, Houston, Texas 77077, (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 ..................................................5 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 .................................................10 EXHIBITS Contract for Professional Services Page 1 of 12 DocuSign Envelope ID:895B6A2A-45A7-4EC9-946E-E13BA62382EB 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. Consultant will perform the Services in accordance with Exhibit A and with Consultant's response to the Request for Qualifications related to this project,which response is incorporated by reference into this Agreement as if set out here in its entirety. 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. 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 Exhibit A. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. Contract for Professional Services Page 2 of 12 DocuSign Envelope ID:895B6A2A-45A7-4EC9-946E-E13BA62382EB 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 V 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. 1.10 The Consultant agrees to conduct all communication through and perform all project-related functions utilizing the City's project management system known as e-Builder. This includes all correspondence, submittals, payment requests and processing, contract amendments and construction phase activities. 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 all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $ 328,050.00 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 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 Contract for Professional Services Page 3 of 12 DocuSign Envelope ID:895B6A2A-45A7-4EC9-946E-E13BA62382EB 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. 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. Contract for Professional Services Page 4 of 12 DocuSign Envelope ID:895B6A2A-45A7-4EC9-946E-E13BA62382EB 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 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Procurement Division. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.3 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. 4.4 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.5 This Agreement shall remain in force for a 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, Contract for Professional Services Page 5 of 12 DocuSign Envelope ID:895B6A2A-45A7-4EC9-946E-E13BA62382EB 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. 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 Contract for Professional Services Page 6 of 12 DocuSign Envelope ID:895B6A2A-45A7-4EC9-946E-E13BA62382EB 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. 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 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; Contract for Professional Services Page 7 of 12 DocuSign Envelope ID:895B6A2A-45A7-4EC9-946E-E13BA62382EB 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; (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, epidemics, 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 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. Contract for Professional Services Page 8 of 12 DocuSign Envelope ID:895B6A2A-45A7-4EC9-946E-E13BA62382EB 12.1.4 Within 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 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. 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 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 30 or more than 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 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 Contract for Professional Services Page 9 of 12 DocuSign Envelope ID:895B6A2A-45A7-4EC9-946E-E13BA62382EB 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. This Agreement is to perform a governmental function solely for the public benefit. Nothing in this Agreement 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 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 Provisions Required by Law. Each applicable provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were physically included herein. 13.3 Public Information. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Consultant agrees that the contract can be terminated if the Consultant knowingly or intentionally fails to comply with a requirement of that subchapter. 13.4 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. 13.5 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. 13.6 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. 13.7 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. Contract for Professional Services Page 10 of 12 DocuSign Envelope ID:895B6A2A-45A7-4EC9-946E-E13BA62382EB 13.8 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. 13.9 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form. 13.10 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_forml295.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.htm1. 13.11 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 you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 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, the Consultant's response to the Request for Qualifications related to this project, or 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. [Signature Page Follows] Contract for Professional Services Page 11 of 12 DocuSign Envelope ID:895B6A2A-45A7-4EC9-946E-E13BA62382EB CITY OF CORPUS CHRISTI SCS ENGINEERS DocuSigned by: DocuSigned by; E121712022 � � 11/23/2022 SB5RF536F06E482._. �E'�A.A,.AAS.F� Jeff Edmonds, P.E. Date Jeff Reed Date Director of Engineering Services Vice President 12651 Briar Forest Drive, Suite 205 Houston, Texas 77077 (817) 358-6159 Office jeffreed@scsengineers.com APPROVED AS TO LEGAL FORM: DocuSign/e��d��,by: iN1AdTUt,t,4 11/30/2022 RSDCGE501CB3416.._ Assistant City Attorney Date M2022-165 Authorized By 11-15-2022 Council ATTEST DocuSigned by:EDS �a 12/15/2022 r /C�is�sr�nnsdF2ALA s City Secretary Date Contract for Professional Services Page 12 of 12 DocuSign Envelope ID:895B6A2A-45A7-4EC9-946E-E13BA62382EB Solid Waste Facility Complex- Prof. Engineering Services Bond 2020 Facilities/Parks & 2021 CIP Projects — RFQ 3409 Proposal for Preliminary Phase - Phase 1 Transfer Station Permitting and Conceptual Facility Design Services City Project Number 21007 - Solid Waste Facility Complex � v CITY OF CORPUS CHRISTI P. O. Box 9277 Corpus Christi, Texas 78469-9277 (361 ) 826-3500 1333KEIMM= <1 i! ,14ANSON Proposal No. 160008221 1 May 2021 Revision 4 November 2022 4501 Gollihar Road 12651 Briar Forest Drive, Suite 205 Corpus Christi, Texas 78411 Houston, Texas 77077 (361) 814-9900 (281) 293-8494 :l 0e I (A: 14 DocuSign Envelope ID:895B6A2A-45A7-4EC9-946E-E13BA62382EB _Fa IL II e of Clb Ire U.e Ire U.s Background............................................................................................................................................2 Task 1 - New Transfer Station Application............................................................................................3 Task 2-Conceptual Facility Layouts......................................................................................................7 Subtask 2.1- Project Kickoff, Data and Operations Review...........................................................7 Subtask 2.2 -Concept Plan Development........................................................................................7 Subtask2.3-Summary Report.........................................................................................................8 Task 3 -Additional Services Tasks........................................................................................................9 Subtask 3.1 - Address TCEQ Administrative And Technical Review Comments Regarding New Transfer Station Application............................................................................................9 Subtask 3.2 - TCEQ Newspaper Notices Assistance......................................................................9 Subtask 3.3 - Public and COG Meetings Assistance ......................................................................9 Scheduleand Fee.................................................................................................................................1® Assumptions.........................................................................................................................................12 Solid Waste Facility Complex-Transfer Station www.scseo lgio leers.0 orn Permitting and Conceptual Facility Design allnlilk:�liQ of '14 DocuSign Envelope ID:895B6A2A-45A7-4EC9-946E-E13BA62382EB BACKGROUND The City of Corpus Christi Engineering and Solid Waste Services Department have a vision of creating a unified campus (Facility) to serve the needs of the Solid Waste Department. This Facility, to be located on an 89.64-acre (per land title survey provided) property adjacent to the J.C. Elliott Landfill/Transfer Station, may include: a transfer station, an administration building, and a fleet services facility that will include both parking infrastructure and a fueling facility. This overall project, as identified in the RFQ 3409, will include the remaining three components and will occupy portions of the eastern side of the property. Each of these three components is an important part of the City's vision for the new Solid Waste Department complex � and each will bring its own challenges to permitting, design r and development. It will be important to determine the best fit for these facilities within the useable limits of the property as well as to optimize the functionality of all of the complementary infrastructure and operations. There will be many siting criteria to take into consideration when determining the ideal layout for the Facility. Some of these are: traffic flow, including attention to public accessibility; floodplain issues; Texas Department of Transportation (TxDOT)driveway location restrictions; visual Mock Layout of solid waste Facilities screening; stormwater detention requirements; and Naval (from 8/18/20 Solid Waste Services) Air Station Corpus Christi Joint Land Use Study considerations; among others. The SCS Project Team has extensive experience in leading clients through the process of addressing various site restrictions posed by a specific location in order to bring a project's vision to reality. An additional value provided by us is that Hanson, as part of the SCS Team, will be performing a constraints analysis on the entire property to examine many of the concerns mentioned above. This proposal covers the first portion of our overall services for this work, which we have labelled as Preliminary Phase - Phase 1. For this portion of the work we will prepare a transfer station permit or registration application for review and approval from the Texas Commission on Environmental Quality (TCEQ). A second task of this phase is included to prepare the conceptual layout of the Facility considering:the entrance location,traffic considerations,truck queuing at the gate, scale details,the conceptual building layout for the transfer station/administration building,fueling area, maintenance area for hauling vehicles, and potential site obstacles including: floodplains, wetlands, easements, pipelines, Cabaniss Airfield proximity concerns, and powerlines. The ultimate Scope of Services authorized under this contract will encompass not only the Scope of Services described as Phase 1 services as follows, but will also eventually encompass detailed design of the transfer station,administrative building, maintenance and fueling areas,truck parking,entrance and exits to the property for construction, bid assistance and construction-phase services as part of Phase 2.Atthis time, however,the conceptual layout must be prepared and approved as part of Phase 1 so that a scope forthe Phase 2 services can be reliably developed to reflectthe level of effort needed. As we approach completion of Phase 1, as described herein, we will provide a Scope of Services,fee estimate, project schedule, and list of deliverables associated with Phase 2 for review and approval by the City. Solid Waste Facility Complex-Transfer Station www.scsenc�ineers.coo� Permitting and Conceptual Facility Design II'nI111:1IIQ g , 3 (�: '1 4 DocuSign Envelope ID:895B6A2A-45A7-4EC9-946E-E13BA62382EB TASK 1 - NEW TRANSFER STATION APPLICATION Task 1 of the Phase 1 services is for the preparation of a Type V permit or registration application for a new Municipal Solid Waste (MSW)transfer station for the City's submittal to TCEQ depending on the permitting strategy developed and discussed with the TCEQ. Whether the application is a permit or a registration,the components within either application described in this subtask are the same. The permitting mechanism is an important consideration in any new or expanded existing MSW facility, whether landfill or transfer station. For a transfer station, a new facility can be registered or permitted. The single most significant difference between a registration and a permit is a registration is not subjectto a contested case hearing.A contested case hearing canjeopardize a viable project or extend the time from months to years for TCEQ approval. In many instances, a registration can provide the shortest pathway to regulatory approval. A new transfer station can be registered if it meets certain criteria, such as being located within the permit boundary of an existing landfill under 30 TAC 330.9(b)(4). Adjacent to the new transfer station property is the existing J.C. Elliott Landfill. In order to take advantage of the above registration criteria, the landfill permit boundary would need to be expanded to incorporate the land upon which the new transfer station will be located. Expanding the landfill permit boundary would require a notice modification of the landfill permit under 30 TAC 305.70(k)(7). It is recommended a meeting with TCEQ at the outset of the project be conducted to discuss the above plan. If the TCEQ concurs,the landfill permit will require a modification in addition to the new transfer station registration. If this strategy is not employed,the permit option exists.The new transfer station application would be for a permit. This would potentially subject the application to a contested case hearing process. Lastly,there is no viable mechanism to amend the existing transfer station.Since this is a new building in a new location on different property, the TCEQ would consider this a new facility and it will be assigned a new permit or registration number. This application will primarily incorporate the acceptance of municipal solid waste, including solid waste resultingfrom or incidental to municipal,community,commercial, institutional,and recreational activities, including garbage, rubbish, ashes,street cleanings,dead animals,abandoned automobiles, and all other solid waste other than industrial solid waste. MSW transfer stations may also accept industrial solid waste, defined as solid waste resulting from or incidental to any process of industry or manufacturing, or mining or agricultural operation. This task assumes that regulated hazardous wastes and radioactive wastes will not be accepted except for hazardous wastes from conditionally exempt small quantity generators, and that special wastes may be accepted. The conceptual layout for the entrance, traffic patterns and transfer station building for use in the application will be developed in Task 2. The application will include the following: • Submittal Letter • TCEQ Core Data Forms • TCEQ Type V Facility Checklist • TCEQ Part I Form Adjacent landowner list and map (1/4-mile radius) • Part Vill in accordance with 30 TAC 330.59 and 330.61 (Parts I and II are typically Solid Waste Facility Complex-Transfer Station www.scseo lgio leers.0 orn Permitting and Conceptual Facility Design allnlilk:�liQ 4 of '14 DocuSign Envelope ID:895B6A2A-45A7-4EC9-946E-E13BA62382EB combined): Supplemental Technical Report Existing Conditions Summary Waste Acceptance Plan Impact on Surrounding Area Transportation Study (desktop road volume study, assumes no roadway upgrades or other design and notifications necessary) Geology and Soils Statement(no borings or studies proposed) Groundwater and Surface Water Study (conduct regional based desktop search for hydrogeologic and surface water information, no additional studies proposed) Abandoned Oil and Water Wells Study (conduct desktop search for oil and water well information) Floodplains and Wetlands Statement (Proposal assumes no Floodplain; Wetlands investigation provided by others under separate contract) Endangered or Threatened Species (provided by others under separate contract) Historical Commission Review (a letter request for review only, no studies proposed) Council of Governments and Local Government Review Request Location Restrictions (Subchapter M) - Easements, Buffer Zones (50 feet) and Rights-of-Way - Airport Safety - Floodplains - Groundwater (Edwards Aquifer, Not Applicable) - Endangered or Threatened Species - Wetlands - Fault Areas - Seismic Impact Zones - Unstable Areas - Coastal Areas - Type I and IV Landfill Permit Issuance Prohibited (Not Applicable) Legal Description and drawing (legal description and drawing for TS permit boundary provided by others under separate contract) Applicant's Statement Property Owners Affidavit Applicant's Appointment and Legal Authority Engineer's Appointment Evidence of Competency Adjacent and Potentially Affected Landowners Figures, Including - General Location Map - County Highway Map - Topographic Map - Land Use Map - Aerial Photograph (obtained from Google Earth) - Landowner Map - Airport Map - Floodplain Map - Geology Map - Seismic Impact Zone Map - Facility Layout Maps (Conceptual level layouts developed in Task 2) Permit Related Correspondence, Including Solid Waste Facility Complex-Transfer Station www.scseV 1giV feel S.0 C7 T Permitting and Conceptual Facility Design allnlilk:�liQ of '14 DocuSign Envelope ID:895B6A2A-45A7-4EC9-946E-E13BA62382EB - TxDOT - Texas Historical Commission - TCEQ Water Quality - Federal Aviation Agency - Local Council of Government - U.S. Corps of Engineers - Texas Parks and Wildlife - U.S. Fish and Wildlife • Part III in accordance with 30 TAC 330.63: Site Development Plan: - Introduction - Solid Waste Data - Facility Access - Facility Waste Movement and Design - Facility Sanitation - Water Pollution Control - Endangered Species Protection - Surface Water Drainage Report - Flood Control Analyses - Waste Management Unit Design - Geology Report (not required per TCEQ) - Groundwater Sampling and Analysis Plan (not required per TCEQ) - Landfill Gas Management Plan (not required per TCEQ) - Closure Plan - Post-Closure Plan (not required per TCEQ) - Cost Estimate for Closure and Post-Closure Care (Subchapter L) Attachment 1,Site Layout Plan: - Facility Design Features (2 drawings) - Schematics with Flow Chart Attachment 2,Surface Water Drainage Plan Attachment 3, Closure Plan Attachment 4, Cost Estimate for Closure • Part IV: Site Operating Plan Prepare Operating Plan to conform to 30 TAC 330 Subchapter E, Operational Standards for Municipal Solid Waste Storage and Processing Units regulations, including: - Waste Acceptance and Analysis - Facility Generated Waste - Contaminated Water Management - Storage Requirements - Approved Containers - Citizen's Collection Stations - Requirements for Stationary Compactors - Pre-Operation Notice - Recordkeeping and Reporting Requirements - Fire Protection - Access Control - Unloading of Waste - Spill Prevention Control Solid Waste Facility Complex-Transfer Station www.scseo lgio leers.0 orn Permitting and Conceptual Facility Design allnlilk:�liQ of '14 DocuSign Envelope ID:895B6A2A-45A7-4EC9-946E-E13BA62382EB - Operating Hours - Facility Sign - Control of Windblown Material and Litter - Materials Along the Route to the Facility - Facility Access Roads - Noise Pollution and Visual Screening - Overloading and Breakdown - Sanitation - Ventilation and Air Pollution Control - Health and Safety - Employee Sanitation Facilities SCS will require a site boundary description and topographic map for the entire property. We understand this will be prepared separately by others under a separate contract. In addition, we'll require a metes and bounds description and boundary map for the transfer station permit or registration boundary signed and sealed by a Registered Land Surveyor. We understand this will be prepared separately by others under a separate contract. The transfer station vehicle routing, and building layout,design and details will be developed in close collaboration with the City.The application will include schematic, conceptual plans and details. We will provide draft applications for review at two milestones; one at 60% and one at 90%. For each draft,we will prepare 2 draft copies of the new transfer station application package forthe City's review and comment. Upon receipt of the City's comments to the 90% draft, we will finalize the application and submit 7 copies of the permit application: 2 copies for the City, 4 copies for the TCEQ, and 1 copy for the City to locate at a publicly accessible location for review and copying by the public (i.e.: a local library or City Hall). Our fee includes one in-person or Zoom meeting with the City and TCEQ at initiation of the project to inform TCEQ of the project and discuss strategy for permitting/registering the new transfer station. Additionally, we have also included three meetings in this subtask, one at the beginning of this task as a kickoff (in conjunction with the Task 2 services), one at 60% and another at or near the 90% complete stage. We will prepare a scanned .pdf file of the permit application and will post the files on SCS's State Required Posting web site. Subtask 1.1 Deliverables: 1. 60 and 90%Draft Permit Applications for review by the City 2. Permit Application for Administrative Review by TCEQ 3. Permit Application for Technical Review by TCEQ Solid Waste Facility Complex-Transfer Station www.scseV 1giV feel S.0 C7 T Permitting and Conceptual Facility Design allnlilk:�liQ .7 of '14 DocuSign Envelope ID:895B6A2A-45A7-4EC9-946E-E13BA62382EB TASK 2 - CONCEPTUAL FACILITY LAYOUTS Task 2 covers the preparation of the conceptual facility layouts. We have three subconsultants that will be working with us on this project. Hanson will provide civil design services,SNT will be performing architectural services for the office building, and Tait will provide the layout details regarding the fueling facility. Hanson will work in collaboration with SCS, the City, and the other subconsultants to develop a conceptual facility layout that incorporates each of the components that will be a part of the complex, including an enclosed transfer station, an administration building, and a fleet services facility that includes parking infrastructure, minor vehicle maintenance capabilities, and a fueling station for gasoline, diesel and CNG fuels. Hanson will prepare two draft conceptual layouts, and prepare a final conceptual layout based upon the preferred draft option. Hanson will prepare a preliminarystormwater management plan for the final conceptual layout that will address hydraulics and hydrology, stormwater quality, and stormwater detention. Hanson will also prepare a basic cut/fill analysis of the proposed site incorporating the proposed building components and stormwater management channels and ponds. SNT will provide architectural services in support of the conceptual facility and will establish the administration building's organizational layout and room adjacencies.The intent of the administration building design services will be to establish public spaces, work group zones, building access points and the type of support spaces needed for an efficient solution to meet the City's needs. Coordination with the adjacent transfer station building will be made. Tait will serve as the fueling systems designer for the Solid Waste Facility Complex conceptual design. They will collaborate with the City and SCS team members to develop conceptual designs for a fueling facilitythat will include liquid fuels (gasoline,diesel)and CNG. Liquid fuelingfacility considerations will include AST versus USTforfuel storage,storage tank capacity,dispenser locations and configurations, and canopy locations and configurations, among others. Tait will utilize a subconsultant, Morris & Associates,to provide the CNG conceptual design. Each of the subconsultants will work under the direction of SCS.This work will be performed as further described in the subtasks below. SUBTASK 2.1 - PROJECT KICKOFF, DATA AND OPERATIONS REVIEW For this second task, we will start the conceptual layout design by attending a project kickoff meeting with the City's project team and relevant stakeholders(concurrently with the transfer station permitting kickoff meeting). During this meeting the variety of services that are desired to be incorporated into the concept plan will be established. Prior to and following this meeting a request for data and reports that will be used to evaluate and size the desired facilities will be provided. In conjunction with this meeting, a site evaluation will be performed to obtain input on planned operations and desired improvements. At the completion of field activities, two conceptual plans will be developed locating the various uses within the Facility. SUBTASK 2.2 - CONCEPT PLAN DEVELOPMENT The development of both conceptual plans will take into account the information we obtain from site personnel, our observations of site operations, and the information/options presented in the project kickoff meeting. Up to two different concepts will be developed for the following Facility uses: Solid Waste Facility Complex-Transfer Station www.scseo lgio leers.0 orn Permitting and Conceptual Facility Design allnlilk:�liQ �3 of '14 DocuSign Envelope ID:895B6A2A-45A7-4EC9-946E-E13BA62382EB • Transfer station; • Recycling/public drop-off facility; • Maintenance shop; • Administrative building; • Scales and scalehouse; • Fueling facility(both compressed natural gas and diesel); and • Employee and equipment parking. As an example for this portion of our work,a conceptual Administrative building layout will be prepared for review and comment by the City. Based on initial discussions on staff occupancy and amenities, the conceptual layout will establish the building's organizational layout and adjacencies desired in a final design. An approved concept layout will provide direction to the design team for developing a detailed design in Phase 2 of this overall project. The administration building design will take into consideration daily and post-event operations supporting administrative and field operations staff. Support spaces will include typical office environment spaces conducive for an efficient yet flexible design for future modifications as building use may change for future services needed by the Solid Waste Department. We understand that multiple review sessions of the draft concept plans will be necessary to narrow down the project to a final concept plan. Based on our conversations,we have assumed that two draft plans will be provided for review and comment. We will make the appropriate revisions and narrow these down to a single site concept. Once the final concept has been developed, a summary report that documents this concept will be prepared. Deliverables: 1. Draft Conceptual Layout(s) - up to two concepts 2. Final Conceptual Layout SUBTASK 2.3 - SUMMARY REPORT The summary report, which will be prepared for the final conceptual layout,will establish the basis-of- design. This report will document the different areas of work, the basic assumptions of each feature, and the decisions that were made in the previous tasks. This report will be used in Phase 2 of the overall project to develop the construction/budding documents and will be updated throughout the project as decisions are made and changes to the design occur. Deliverable: 1. Summary Report for Final Conceptual Layout Solid Waste Facility Complex-Transfer Station www.scseo lgio leers.0 orn Permitting and Conceptual Facility Design allnlilk:�liQ of '14 DocuSign Envelope ID:895B6A2A-45A7-4EC9-946E-E13BA62382EB TASK 3 - ADDITIONAL SERVICES TASKS The following additional services tasks must be authorized by the City prior to the work commencement. These Task 3 subtasks, if separately approved by the City, are proposed to be conducted and billed on a time and material basis. SUBTASK 3.1 - ADDRESS TCEQ ADMINISTRATIVE AND TECHNICAL REVIEW COMMENTS REGARDING NEW TRANSFER STATION APPLICATION This subtask includes the fee for addressing TCEQ administrative and technical Notice of Deficiency (NOD) review comments on the new transfer station application. This includes preparing a scanned .pdf file of any revisions or responses regarding the application and posting the file on SCS's State Required Posting website. Since the complexity and scope of the TCEQ's comments are difficult to estimate,staff time is included in this subtask for typical leve/of comments. Subtask 3.1 Deliverables: 1. Prepare an Administrative Review comment response(s) letter and application revisions to TCEQ. 2. Prepare a Technical Review comment response(s)letter and application revisions to TCEQ. SUBTASK 3.2 - TCEQ NEWSPAPER NOTICES ASSISTANCE This subtask is included to assist the City with their preparation of, publishing of, and certification of newspaper notices of the administrative and technical approval of the new transfer station application. When TCEQ issues their administrative approval of the permit application, they will require the City to publish a notice in the local newspaper. This may include an alternative language publication. Additionally, a second publication will be required when TCEQ issues their technical approval of the permit application. Our proposed fee assumes that any fees for newspaper publications will be paid directly by the City. SCS understands the City will complete this subtask but SCS has included staff time in this proposal for minor assistance. Subtask 3.2 Deliverables: 1. Assist City with their preparation of an Administratively Complete notice package. Provide Notice language to City for publication in newspapers 2. Assist City with their preparation of a Technically Complete notice package. Provide notice language to City for publication in newspapers SUBTASK 3.3 - PUBLIC AND COG MEETINGS ASSISTANCE This task is for assisting the City with the preparation of a potential public meeting associated with the project. During the pandemic, public meetings have been held over Zoom calls versus in person. It is unknown at this time which would be required by the TCEQ. Since the nature of the issues are difficult to estimate, this subtask includes limited staff time in this proposal for presentation assistance. If needed, we have assumed one team member will provide backing support to the City at a public meeting. In addition, a presentation regarding the project is sometimes requested by the Council of Governments (or subcommittees thereof) for a transfer station permit application. This subtask includes limitedstafftime forpresentation assistance andattendance. If needed, we have assumed Solid Waste Facility Complex-Transfer Station www.scseV"nirieers.cnm Permitting and Conceptual Facility Design 10 of 14 allnlilk:�liQ DocuSign Envelope ID:895B6A2A-45A7-4EC9-946E-E13BA62382EB one team member will provide backing support to the City at a COG meeting. Subtask 3.3 Deliverables: 1. Assist City with public meeting and COG presentation 2. Attend public meeting and COG meeting SCHEDULE AND FEE We will initiate work immediately upon receipt of notice-to-proceed from the City. Our first meetings will be scheduled to conduct a site visit within the first 2 weeks of notice-to-proceed depending on the City's availability. A proposed schedule for the work for key tasks is proposed below in bullet format followed by a graph. • Task 1 can be completed within 9 months from notice-to-proceed pending completion of services from others, assuming a Floodplain Analysis, TxDOT driveway permit and traffic analysis and/or a wetlands permit is not needed. • Additional Services Subtasks 3.1 through 3.3 are anticipated to be completed as needed, but that they would follow the completion of Task 1. • The initial draft conceptual layout(s) will be submitted within 6 weeks of the project kickoff meeting. Upon selection of the conceptual layout of the entire Facility,the conceptual transfer station layout and building plan will be incorporated in the Task 1 new TS application.Task 2 is anticipated to be completed within 3 weeks of receipt of final City comments on the draft conceptual plans and the receipt of all information needed to refine the information into one, final conceptual layout. MONTHS TASK N 1.New Transfer Station+n n ifikation . •n .... . ..... MOM . MMMIMMAMMIM Regarding our proposed fees,Table 1 below shows the proposed fees for the base tasks presented in this proposal.Table 2 shows the potential additional services for City authorization as the need arises. All tasks and subtasks are proposed on a time-and-materials, not-to-exceed fee basis. A copy of our proposed fee schedule is included in Appendix A. Table 1 - Preliminary Phase- Phase 1 Proposed Fees by Task— Basic Services ProposedTask # I Task Name 1 New Transfer Station Application $139,530 2 Conceptual Facility Layouts $124,500 Total :. 00 Solid Waste Facility Complex-Transfer Station www.scsenc�ineers.coo� Permitting and Conceptual Facility Design II'nI111:1IIQ g , °i'1 1 DocuSign Envelope ID:895B6A2A-45A7-4EC9-946E-E13BA62382EB Table 2 - Preliminary Phase - Phase 1 Proposed Fees by Task— Potential Additional Services ProposedTask # Task Name 3.1 Address TCEQ Comments Regarding New TS Application $44,650 3.2 TCEQ Newspaper Notices Assistance $4,600 3.3 Public and COG Meetings Assistance $14,770 Total . . 00 Total Project Fee (Basic and Additional Services) -$328,050 The above fees are organized in accordance with the below summary of fees: Original Total Contract Basic Services: Contract Preliminary Phase $264,030.00 $264,030.00 Design Phase $0.00 Bid Phase $0.00 Construction Admin Phase $0.00 Subtotal Basic Services $264,030.00 $264,030.00 Additional Services: Permit Preparation $49,250.00 $49,250.00 Topographic Survey $0.00 ROW Acquisition Survey $0.00 Environmental Issues $0.00 Public Meetings $14,770.00 $14,770.00 Construction Observation $0.00 Traffic Control $0.00 Signalization Improvements $0.00 Warranty Phase $0.00 Construction Inspection (T&M) $0.00 Platting Survey $0.00 O & M Manuals $0.00 SCADA $0.00 Subtotal Additional Services $64,020.00 $64,020.00 Summary of Fees: Basic Services Fees $264,030.00 $264,030.00 Additional Services Fees $64,020.00 $64,020.00 Total Authorized Fees $328,050.00 $328,050.00 Solid Waste Facility Complex-Transfer Station www.scseV 1giV feel S.0 C7 T Permitting and Conceptual Facility Design allnlilk:�liQ °12 of 'i 4 DocuSign Envelope ID:895B6A2A-45A7-4EC9-946E-E13BA62382EB ASSUMPTIONS We have developed the Scope of Work based on our understanding of the project. The following is a list of assumptions used in the development of the scope of work, schedule and fees for the Phase 1 services: • Survey Services. Others will provide a ground topographic survey with a map, boundary survey, and metes-and-bounds description for the transfer station permit/registration boundary, an adjacent landowner map and list within 1/4 mile of the permit boundary, and drainage, pipelines, and utility easement map within the permit/registration boundary.Others will prepare the ground survey and prepare a topographic map in AutoCad format. Others will utilize a registered survey firm in Texas for this work that has significant experience completing these surveys for solid waste facilities,who will prepare the other surveys and maps.These drawings and lists will need to be included in the permit application.This scope of work is not included in this scope of work but can be included in the next phase of services for this contract. Traffic and Access Road Assessment. Traffic study proposed for Task 1 is for transfer station permitting/registration only and is a limited traffic count study. Road upgrades or additional traffic studies, such as Traffic Impact Analyses, and driveway permits are not included in this scope of work but can be included in the next phase of services forthis contract. In addition,any traffic study needed for other entrances/exits to property, unrelated to the transfer station, is not included in this scope of work but can be included in the next phase of services for this contract. • Wetlands Permitting. Any scope of services related to wetlands is provided by others. However, if needed, SCS could provide a fee estimate for wetlands and waters of the US delineation, coordination with USACE and meetings with USACE, preparation of an individual permit or assist the City with mitigation. If required by USACE,we also can prepare a pre-construction notification (PCN)for submittal of a Section 404 Nationwide Permit application to the USACE to be included in the next phase of services. Endangered Species. Permitting and mitigation of potential endangered species located on the property is not included in this scope of services. However, if requested by the City, SCS could provide a fee estimate for endangered species habitat survey, agency coordination with Texas Parks and Wildlife and US Fish and Wildlife Service. • Bird studies are not included in this phase of services. Flood Plain Study or CLOMR. This proposal assumes these services will not be needed for the transfer station permit application. However, if the buildings or other critical facilities on the property are located in the 100-year floodplain, we could prepare a CLOMR to remove said facilities from the floodplain under a separate scope of services included in the next phase of services for this contract. Preparation of other permit applications or approvals that may be required for the facilities is not included (e.g., TPDES Stormwater Notice of Intent, Stormwater Pollution Prevention Plan required after issuance of MSW permit,Air Permits). Newspaper publishing will be the responsibility of the City, and newspaper fees will be paid directly by the City. The City will lead a potential public meeting and/or council of governments (COG) meeting for the new transfer station application. Preparation for and participation in a Public Hearing for a Permit Application is not included. If Solid Waste Facility Complex-Transfer Station www.scseV 1giV feel S.0 C7 T Permitting and Conceptual Facility Design allnlilk:�liQ 13 of '14 DocuSign Envelope ID:895B6A2A-45A7-4EC9-946E-E13BA62382EB required, our project team has significant experience in preparing for and serving as expert witnesses at various legal proceedings, including contested case hearings for solid waste facilities in Texas. • Changes resulting from new regulations. Our team will monitor the evolution of state rules in an effort to avoid an impact on this application. • Construction drawings or technical specifications other than the conceptual drawings are not included. • It is assumed that the City will provide certain items, including: legal description and metes-and -bounds survey showing easements, rights-of-way, etc., for the entire property and evidence of financial assurance. • In the course of interagency review of the permit application, certain agencies may request additional information that requires further study. Given the uncertainty of the need for such additional studies, such studies (e.g., historical, archaeological, land use, etc.) are not included in the proposal. • This property is located in Nueces County. As such, pursuing re-zoning, platting or other local land use approval is not included in this scope of services. • Any permit modifications/amendments contemplated for the adjacent landfill is not included in this scope of work. Technical Assumptions • Easements and right of ways will be provided by the City for the entire 89.64-acre property. • We will designate a permanent benchmark for the transfer station in the application documents. However, the benchmark will not be installed until the construction phase of this contract in Phase 2. • We understand that a constraints analysis, which would identify potential location restriction items of concern is being prepared for the property and will be provided by others. This information will serve as a basis for the layouts and potential impacts to certain facilities. • The City wishes to utilize the existing inbound scales at the existing transfer station site, but upgrade the scalehouse for the new transfer station. • A waterline and sanitary sewer will be provided for the transfer station building, administration building, and scalehouse. • The City requests one inbound and outbound scale with ample passing lanes. • Anticipate a maximum of 2,000 tons per day, or as the waste intake and building can ultimately support,for the permit application. • The transfer station will include two loading tunnels at a minimum. • The transfer station will include a reinforced concrete floor. • The City wishes to consider a permitting mechanism to potentially expand the permit boundary of the adjacent closed landfill to incorporate the new transfer station boundary as a landfill permit modification and pursue the new transfer station application as a registration. Solid Waste Facility Complex-Transfer Station www.scseV 1giV feel S.0 C7 T Permitting and Conceptual Facility Design allnlilk:�liQ 14 of 14 DocuSign Envelope ID:895B6A2A-45A7-4EC9-946E-E13BA62382EB Sample form for: COMPLETE PROJECT NAME Payment Request 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 O&M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD SCADA TBDI TBDI TBDI TBD TBDI TBDI TBD TBD TBD Subtotal Additional Services $2,000.001 $1,120.001 $1,627.001 $4,747.00 $500.001 $0.001 $500.00 $4,247.00 10.5% Summary of Fees: Basic Services Fees $6,000.00 $1,000.001 $1,250.00 $8,250.00 $1,000.00 $1,500.001 $2,500.00 $5,750.00 30.3% Additional Services Fees $2,000.00 $1,120.001 $1,627.00 $4,747.00 $500.00 $0.001 $500.00 $4,247.001 10.5% Total of Fees $8,000.00 $2,120.001 $2,877.00 $12,997.00 $1,500.00 $1,500.001 $3,000.00 $9,997.001 23.1% Notes: A PURCHASE ORDER NUMBER MUST BE INCLUDED ON ALL INVOICES AND INVOICE CORRESPONDENCE.FAILURE TO COMPLY WILL RESULT IN DELAYED PAYMENT OF INVOICES. If needed, update this sample form based on the contract requirements. v X If applicable, refer to the contract for information on what to include with time and materials(T&M). (Q 3 (D LT O W DocuSign Envelope ID:895B6A2A-45A7-4EC9-946E-E13BA62382EB EXHIBIT D Insurance Requirements Pre-Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have 3-year reporting period provisions or be maintained for 3 years after project completion. 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 Rev 12/20 DocuSign Envelope ID:895B6A2A-45A7-4EC9-946E-E13BA62382EB 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 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 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. 2 Rev 12/20 DocuSign Envelope ID:895B6A2A-45A7-4EC9-946E-E13BA62382EB EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services is NULL to this Agreement. EXHIBIT D Page 1 of 1 DocuSign Envelope ID:895B6A2A-45A7-4EC9-946E-E13BA62382EB SUPPLIER NUMBER TO BE ASSIGNED BY CITE PURCHASING DIVISION City o1- CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Stearns, Conrad and Schmidt Consulting Engineers Inc., dba SCS Engineers P.O.BOX: STREET ADDRESS: 12651 Briar Forest Dr., Ste 205 CITY: Houston ZIP: 77077 FIRM IS: 1. Corporation ® 2. Partnership ❑ 3. Sole Owner E]4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary please use the reverse si ` de of this page or attach separate sheet. 1. State the names of each employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Job Title and City Department(if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Consultant N/A EXHIBIT"E" Page 1 of 2 DocuSign Envelope ID:895B6A2A-45A7-4EC9-946E-E13BA62382EB FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Jeffrey K. Reed Title: Vice President (Type or Print) Signature of Certifying Date: 11/1/2022 Person: DEFINITIONS a. `Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional,industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT"E" Page 2 of 2 ACCORD® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) `...../ 3/31/2023 03/26/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). L; INTACT PRODUCER Lockton Insurance Brokers,LLC NAME: CA License#OF15767 PHONE FAX AIC No Ext: AIC NO)7 777 S. Figueroa Street,52nd fl. E-MAIL Los Angeles CA 90017 ADDRESS: 213-689-0065 INSURERS AFFORDING COVERAGE NAIC# INSURERA: Steadfast Insurance Company 26387 INSURED SCS Engineers INSURER B: Zurich American Insurance Company 16535 506960 3900 Kilroy Airport Way,Ste 100 INSURER C: Long Beach,CA 90806-6816 INSURER D INSURER E: INSURER F: COVERAGES SCSEN01 CERTIFICATE NUMBER: 18259307 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDD/YYYY MMIDD/YYYY LIMITS B X COMMERCIAL GENERAL LIABILITY GLO 0112778-07 03/31/2022 03/31/2023 EACH OCCURRENCE $ 5,000,000 CLAIMS-MADE OCCUR $ 1 000 000 PREMISES Ea occurrence MED EXP An one person) $ 25,000 Y N PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 10,000,000 RO-POLICY JECT F x]LOC PRODUCTS-COMP/OP AGG $ 10,000,000 OTHER: $ BIED B AUTOMOBILE LIABILITY BAP 0112780-07 04/01/2022 04/01/202 EOaacccS ldenINGLELIMIT $ 2,000,000 X ANY AUTO BODILY INJURY(Per person) $ >(>(>(>(>=OWNED SCHEDULED Y N BODILY INJURY(Per accident) $ XXXU(X AUTOS ONLY AUTOS )U$ XXXX,>= HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ XXXX,>= UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXX,>= EXCESS LIAB CLAIMS-MADE AGGREGATE $ XXX)UUCX DED I RETENTION$ $ WORKERS COMPENSATION X STATUTE ER B AND EMPLOYERS'LIABILITY YIN WC0112779-07 04/01/2022 04/01/2023 ANY PROPRIETOR/PARTNER/EXECUTIVE NIA Y E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? FE (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Env Prof(E&O) PEC 0112862-06 03/31/2022 03/31/2023 Per Claim/Aggregate:$2,000,00 Env Contr Poll N N Per Occurrence/Aggregate:$2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Project No.21007,RFQ No.3409 Bond 2020 Facilities Solid Waste Facility Design,SCS Job No. 16221088.00. The City of Corpus Christi and its officers,officials, employees,volunteers and elected representatives as respects operations and activities of,or on behalf of the named insured performed under contract with the City are included as Additional Insured with respect to the General Liability and Automobile Liability policies,"continued on next page". CERTIFICATE HOLDER CANCELLATION See Aftachments SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 18259307 AUTHORIZED REPRESENTATIVE City of Corpus Christi Attn: Enginnering Services PO Box 9277 Corpus Christi,TX 78469-9277 ACORD 25(2016/03) ©1988-2016/ACORD60ROORATION.All rights reserved The ACORD name and logo are registered marks of ACORD CONTINUATION DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS(Use only if more space is required) granted a Waiver of Subrogation for Workers' Compensation policy and the General Liability policy evidenced herein is Primary and Non-Contributory to other insurance available, as required by written contract, but limited to the operations of the Insured under said contract. ACORD 26(2016/03) Certificate Holder ID: 18259307 Attachment ode : Dd5S6�SM Cer ificate ID : 18259307 ame nsure neers w, City of Corpus Christi Attn: Enginnering Services PO Box 9277 Corpus Christi„ TX 78469-9277 To whom it may concern: In our continuing effort to provide timely certificate delivery, Lockton Companies is transitioning to paperless delivery of Certificates of Insurance, thus this is your final hard-copy delivery. To ensure electronic delivery for future renewals of this certificate, we need your email address. Please contact us via one of the methods below, referencing Certificate ID 18259307 • Email: LACertseDelivery@lockton.com • Phone: (213) 334- 4669 If you received this certificate through an internet link where the current certificate is viewable, we have your email and no further action is needed. In the event your mailing address has changed, will change in the future, or you no longer require this certificate, please let us know using one of the methods above. The above inbox and phone number is for automating electronic delivery of certificates only. Please do NOT send future certificate requests to this inbox or contact the phone number below with email updates. Thank you for your cooperation and willingness in reducing our environmental footprint. Lockton Companies Lockton Companies 777 South Figueroa Street Los Angeles, CA 90017 Attachment Code : D568466 Certificate ID : 18259307 Attachment Code : D603900 Certificate ID : 18259307 Additional Insured — Automatic — Owners, Lessees Or Contractors THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO 0112778-07 Effecti\,e Date: 03/31/2022 This endorsement modifies insurance prodded under the: Commercial General Liability Coverage Part A. Section II —Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured under a written contract or written agreement executed by you, but only with respect to liability for"bodily injury", "property damage" or"personal and ad\.ertising injury" and subject to the following: 1. If such written contract or written agreement specifically requires that you protide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance SeNces Office (ISO) ISO CG 20 10 (10/01 edition); or b. The ISO CG 20 37 (10/01 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or"personal and ad\,ertising injury" arises out of (1)Your ongoing operations, with respect to Paragraph 1.a. abo\,e; or (2) "Your work", with respect to Paragraph 1.b. abo\,e, which is the subject of the written contract or written agreement. Howe\,er, solely with respect to this Paragraph 1., insurance afforded to such additional insured: (a) Only applies if the "bodily injury", "property damage" or"personal and ad\,ertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (b) Does not apply to "bodily injury" or"property damage" caused by "your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you protide such co\,erage to such additional insured. 2. If such written contract or written agreement specifically requires that you protide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance SeNces Office (ISO) ISO CG 20 10 (07/04 edition); or b. The ISO CG 20 37 (07/04 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or"personal and ad\,ertising injury" is caused, in whole or in part, by: (1)Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, U-GL-2162-A CW(02/19) Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc.,w ith its permission. Attachment Code : D603900 Certificate ID : 18259307 in the performance of (a)Your ongoing operations, with respect to Paragraph 2.a. above; or (b) "Your work" and included in the "products-completed operations hazard", with respect to Paragraph 2.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 2., insurance afforded to such additional insured: (i) Only applies if the "bodily injury", "property damage" or"personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (ii) Does not apply to "bodily injury" or"property damage" caused by "your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 3. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 10 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to ongoing operations (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury", "property damage" or"personal and advertising injury" is caused, in whole or in part by: (1)Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, in the performance of your ongoing operations, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 3., insurance afforded to such additional insured: (a) Only applies to the extent permitted by law; (b) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; and (c) Only applies if the "bodily injury", "property damage" or"personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement. 4. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 37 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to the "products-completed operations hazard" (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury" or"property damage" is caused, in whole or in part by "your work" and included in the "products-completed operations hazard", which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 4., insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; (3) Only applies if the "bodily injury" or"property damage" occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (4) Does not apply to "bodily injury" or"property damage" caused by "your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. U-GL-2162-A CW(02/19) Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Attachment Code : D603900 Certificate ID : 18259307 B. Solely with respect to the insurance afforded to any additional insured referenced in Section A. of this endorsement, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or"personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or"property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. C. Solely with respect to the coverage provided by this endorsement, the following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV—Commercial General Liability Conditions: The additional insured must see to it that: (1) We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; (2) We receive written notice of a claim or"suit" as soon as practicable; and (3)A request for defense and indemnity of the claim or"suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. Solely with respect to the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV—Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition under Section IV— Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or"suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and noncontributory basis. E. This endorsement does not apply to an additional insured which has been added to this Coverage Part by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. Solely with respect to the insurance afforded to an additional insured under Paragraph A.3. or Paragraph A.4. of this endorsement, the following is added to Section III —Limits Of Insurance: Additional Insured—Automatic—Owners, Lessees Or Contractors Limit The most we will pay on behalf of the additional insured is the amount of insurance: U-GL-2162-A CW(02/19) Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Attachment Code : D603900 Certificate ID : 18259307 1. Required by the written contract or written agreement referenced in Section A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms, conditions, provisions and exclusions of this policy remain the same. U-GL-2162-A CW(02/19) Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc.,w ith its permission. Attachment Code : D603918 Certificate ID : 18259307 POLICY NUMBER: BAP 0112780-07 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance prodded under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to co\,erage prodded by this endorsement, the prodsions of the Co\,erage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s)who are "insureds" for Co\,ered Autos Liability Co\,erage under the Who Is An Insured prodsion of the Co\,erage Form. This endorsement does not alter co\,erage prodded in the Co\,erage Form. This endorsement changes the policy effecti\,e on the inception date of the policy unless another date is indicated below. Named Insured: Steams, Conrad and Schmidt, Consulting Engineers, Inc. Endorsement Effective Date: 04/01/2022 SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization to whom or which you are required to protide additional insured status or additional insured status on a primary, non-contributory basis, in a written contract or written agreement executed prior to loss, except where such contract or agreement is prohibited by law. Information required to complete this Schedule if not shown abo\,e will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Co\,ered Autos Liability Co\,erage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured prodsion contained in Paragraph A.1. of Section II — Co\,ered Autos Liability Co\,erage in the Business Auto and Motor Carrier Co\,erage Forms and Paragraph D.2. of Section I —Co\,ered Autos Co\,erages of the Auto Dealers Co\,erage Form. CA 20 48 10 13 © Insurance SeNces Office, Inc., 2011 Page 1 of 1 TM Wolters Kluwer Financial Services I Uniform Forms Attachment Code : D603918 Certificate ID : 18259307 Attaq � O�� A� igjlp�� LIABILITY INSURANCE WC 42 03 04 B Policy Number: WC0112779-07 TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance prodded by the policy because Texas is shown in Item 3.A. of the Information Page We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. (❑) Specific Waiver Name of person or organization ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION (❑) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to fumish this waiver. 2. Operations: 3. Premium: The premium charge for this endorsement shall be 2 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: INCL WC420304B (Ed.6-14) ©Copyright 2014 National Council on Compensation Insurance, Inc.All Rights Reserved.