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HomeMy WebLinkAboutC2023-234 - 6/27/2023 - Approved DocuSign Envelope ID:7031 BFC7-OA9F-4F2E-A93D-1 BD864EEFFF9 ,mus C c�fl �c SERVICE AGREEMENT NO. 5012 v CONTRACT FOR PROFESSIONAL SERVICES �N�'QRP�6PbS�0 .1852 FOR PROJECT 23080 — Corpus Christi Water Utility Building/Warehouse 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 RVK Architecture, 2002 N. Saint Mary's St., San Antonio, Texas 78212 (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:7031 BFC7-OA9F-4F2E-A93D-1 BD864EEFFF9 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 Exhibits A and A-1. 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:7031 BFC7-0A9F-4F2E-A93D-1 BD864EEFFF9 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 31d 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 $ 609,187.00. 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:7031 BFC7-OA9F-4F2E-A93D-1 BD864EEFFF9 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:7031 BFC7-OA9F-4F2E-A93D-1 BD864EEFFF9 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 bestjudgment 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:7031 BFC7-OA9F-4F2E-A93D-1 BD864EEFFF9 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:7031 BFC7-OA9F-4F2E-A93D-1 BD864EEFFF9 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:7031 BFC7-OA9F-4F2E-A93D-1 BD864EEFFF9 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 111. 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:7031 BFC7-OA9F-4F2E-A93D-1 BD864EEFFF9 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:7031 BFC7-OA9F-4F2E-A93D-1 BD864EEFFF9 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:7031 BFC7-OA9F-4F2E-A93D-1 BD864EEFFF9 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_form1295.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/IegaI/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:7031 BFC7-OA9F-4F2E-A93D-1 BD864EEFFF9 CITY OF CORPUS CHRISTI RVK Architecture DocuSigned by: DocuSigned by: �'',",d 11/8/2023 ^JA� Cltxv� 7/21/2023 F, ssaoaaar_.. e mon 68, P.E. Date Elizabeth Hurd Date Director of Engineering Services Vice President 2002 N. Saint Mary's St. San Antonio, Texas 78212 (210) 733-3535 Office liz.hurd@rvkarchitecture.com APPROVED AS TO LEGAL FORM: DocuSigned by: LLV� 11/6/2023 Assisf6'n't,cify Attorney Date M2023-100 Authorized By Council 6/27/2023 ATTEST DS DocuSigned by 11/9/2023 City ecre ary Date Contract for Professional Services Page 12 of 12 000uSignEnvelope ID:7oo1oFc7-OAnF-4FoE-Anoo'1ooao4EEFFFe 71 e.",100000r� A, mCxoveCrwne o�o,000�� November 20. 2022 Revision Jeffrey H. Edmonds, P. E. Director ofEngineering Services City ofCorpus Christi Engineering Services Department 1201 Leopard Street Corpus Christi, TX 78401 RE: 23080Corpus Christi Water Utility Building/Warehouse 2728Holly Road Warehouse Corpus Christi, Texas JEFFREY,thank you for the opportunity tosubmit the enclosed proposal for architectural services. If this proposal is acceptable to you. please let it serve as our agreement. Please sign the last page and return the entire agreement via email toPam Ceor|eyot . If you have any questions regarding the proposo|, please contact me. We look forward to working with you. UJO Eli rd, AIA Vice Pn*sident, Architecture Enclosure EH:pxo z:\2O22\22211 corpus christi water utility warehouse\contracts\2221 1 rvk 23080 cc water utility bldg warehouse rev 1 proposal 11.2822.Unox [,')I V\1 wm�m���v�umr �x hi�iI /\ ��a g 1 o f 7' DocuSign Envelope ID:7031 BFC7-OA9F-4F2E-A93D-1 BD864EEFFF9 Proposal/Agreement for 23080 Corpus Christi Water Utility Building/Warehouse Revision 1 1 PROJECT SCOPE The project consists of the construction of a new 40,000 sq. ft. Utility Building/Warehouse—See Exhibit "A" for Scope of Work. The site is located at 2726 Holly Road Warehouse, Corpus Christi,Texas. We will provide a new 40,000 sq. ft. warehouse facility that is outfitted with warehouse space, offices, equipment checkout counter, equipment cages, and a maintenance area. Refer to "Exhibit A" for scope of work. The project construction budget is not yet determined. DESIGN PHASE BASIC SERVICES 1. Schematic Design - Based on Site and Program information provided from the Design meetings, we will prepare Floor Plans illustrating the size and relationship of the project components. We will develop design sketches to determine the scale and character of the project. Deliverable is a 30% design set. 2. Design Development - Based on the approved Schematic Design work, we will prepare additional drawings and other documents to further develop the design and begin providing detailed Drawings. Deliverable is a 60%design set. We will provide two(2) Renderings at 100% Design; an aerial view and a front elevation view to be delivered digitally in a large file format. During this phase, our Consultants will determine the Civil, Structural, Mechanical, Electrical, and Plumbing requirements and systems to be used, as appropriate. 3. Construction Documents - Based on the approved Design Development work, we will prepare architectural construction drawings and specifications setting forth the requirements for the construction of the project. During this phase, our Consultants will prepare the drawings and specifications for the Civil, Structural, Mechanical, Electrical, and Plumbing engineering portions of the project. Deliverable is a 90%, a 100% and a signed and sealed Bid set. 4. Landscape Architecture a. Planting Plan - We will design, document and provide construction documentation for the softscape (planting and irrigation)that will comply with the City of Corpus Christi Landscape Ordinance. This will include an option of redesigning the landscape islands as needed if there is a Parking Lot reconfiguration. b. Landscape Permit - Based on the approved Schematic Design work, we will provide drawings that will comply with the City of Corpus Christi Landscape Ordinance. Meetings may include telephone conversations and/or meetings personally attended by the landscape architectural team with the City of Corpus Christi Staff, if needed. If,during construction, changes are made to the planting or irrigation plan, RVK will submit those revisions as a post permit submittal to the City of Corpus Christi for their use during the final inspection for Certificate of Occupancy. c. Irrigation Consultant—Review of the Irrigation System design and installation will be by the Landscape Architect and the Owner's Representative. In general, the automatic Irrigation System layout and capacity shall be consistent with the nature and extent of planting. BID PHASE BASIC SERVICE 5. Procurement-We will assist you in obtaining General Contractor bids or negotiated proposals, preparing a bid tabulation and providing a letter of recommendation. x h li Ib li I ::ege 2 0f . DocuSign Envelope ID:7031 BFC7-OA9F-4F2E-A93D-1 BD864EEFFF9 Proposal/Agreement for 23080 Corpus Christi Water Utility Building/Warehouse Revision 1 2 CONSTRUCTION PHASE BASIC SERVICES 6. Construction - We, assisted by our Consultants, will provide administration of the construction contract consisting of the following services: a. Review each shop drawing, sample, and other submittal by a Contractor or Consultant; b. Prepare or review each change to an architectural plan or specification; c. Visit the construction site at intervals appropriate to the stage of construction to: i. become generally familiar with and keep the client generally informed about the progress and quality of the portion of the construction completed; ii. make a reasonable effort to identify defects and deficiencies in the construction; iii. determine generally whether the construction is being performed in a manner indicating that the project,when fully completed,will be in accordance with the architectural plans and specifications. d. Notify the client in writing of any substantial deviation from the architectural plans and specifications that may prevent the building from being occupied or utilized for its intended use. e. Windstorm inspections are included in the Structural Engineer's scope of work. f. Building Commissioning Services per IECC 2018 are included in the MEP Engineer's scope of work. 7. Building Permit Services for the City of Corpus Christi-We will submit for building permit and will provide to the City information required by them, answer their questions and provide services as required to help the City process the application for building permit. All permit fees and plan review fees will be paid by Owner. TIME&MATERIALS PHASE 8. Travel Time - We will provide twenty (20) on-site visits during Schematic Design through Construction. We will provide an allowance for additional on-site visits and meetings that are requested.All Travel Time must be preapproved by the City Project Manager or OAR during the Construction phase. 9. Reimbursable Expenses and Texas Accessibility Submission a. Reimbursable expenses, such as reproduction of documents (exclusive of interoffice and inter- disciplinary coordination prints), auto travel mileage, and expenses incurred in travel will be billed monthly at 1.10 times our cost. b. We will register your project with the State of Texas and submit the appropriate documents to a registered Accessibility Specialist for review in accordance with State Law. An inspection at the completion of construction will also be completed. x Ih li Ihs li I »age 3 o f . DocuSign Envelope ID:7031 BFC7-OA9F-4F2E-A93D-1 BD864EEFFF9 Proposal/Agreement for 23080 Corpus Christi Water Utility Building/Warehouse Revision 1 3 ADDITIONAL SERVICES Additional Services include any work which is not outlined as part of the Basic Services above and/or any work required beyond the limitations set forth in this proposal. If our work proceeds based on an approved design and changes are later required, the extra work necessary to make the changes will be done as an additional service. If, after the contractor provides the total construction cost to the Owner, and the Owner requests changes be made in order to reduce the overall project cost,this work will be provided as an Additional Service on an hourly basis, however, this will not include any work required to reduce the cost to the Architect's latest estimate of construction cost or an agreed upon fixed maximum budget. See Compensation Schedule for Services—Exhibit B attached. The following can also be provided as additional services, if you desire: 1. Sign / Graphics Design - We can provide design and documentation for exterior project and/or construction site signs, interior building graphics and sign standards, as you may require. CONSULTANT SERVICES We will rely on outside professional firms to provide Civil, Structural, Mechanical, Electrical, and Plumbing engineering services, Landscape Architectural Design services and/or other special consulting services necessary for the design of the project. BASIC SERVICES COMPENSATION Our compensation for Basic Services include a maximum amount of twenty(20) Client meetings. Construction phases include periodic construction meetings with the Contractor which the Owner may or may not attend. If more meetings are required, our time, including time spent traveling to and from such meetings, will be provided as an additional service. Our compensation for Basic Service 6 (Construction) is based on a maximum of twelve (12) months of total construction time. If construction is not completed within this time, our services beyond this limit will be provided as an additional service. In the event the Contract is cancelled in the middle of the project, the payment for services rendered will be based on the Phases completed and compensation paid as indicated on the man-hour breakdowns. See BASIC SERVICES COMPENSATION TABLE - page 4 x h li Ib li I ::»age 4 o I . DocuSign Envelope ID:7031 BFC7-OA9F-4F2E-A93D-1 BD864EEFFF9 Proposal/Agreement for 23080 Corpus Christi Water Utility Building/Warehouse Revision 1 4 BASIC SERVICES COMPENSATION Basic Services 1 —3, 5 &6 RVK Architecture $252,552 (fixed fee) Schematic Design—Construction Civil Engineering Pape-Dawson Engineers $ 72,135 (fixed fee) Structural Engineering including Lundy&Franke Engineering $ 32,940(fixed fee) Windstorm Inspection Services Mechanical, Electrical, Plumbing DBR $176,810(fixed fee) &Security Access Control Design Energy Commissioning Basic Services 7 - Building Permit RVK Architecture $ 6,520(hourly not to exceed) Basic Service 4 RVK Architecture $ 10,680(fixed fee) Landscape Architecture Irrigation Consultant PRA Irrigation Consulting $ 4,315(fixed fee) Basic Service 8—Travel Time RVK Architecture $ 16,200(hourly not to exceed) Lundy&Franke Engineering $ 7,000(hourly not to exceed) DBR $ 14,900(hourly not to exceed) RVK Landscape Architecture $ 960(hourly not to exceed) PRA Irrigation Consultants $ 2,625(hourly not to exceed) Basic Service 9 RVK Architecture $ 6,500 (allowance) Reimbursable Expenses and Lundy&Franke Engineering $ 750 (allowance) Texas Accessibility Submission DBR $ 3,800 (allowance) RVK Landscape Architecture $ 500 (allowance) TOTAL $609,187 EXHIBITS • Exhibit A City of Corpus Christi Scope of Work • Exhibits B—G Man-Hour Fee Breakdown • Exhibit H Summary of Fees • Exhibit I RVK Compensation Fee Schedule SCHEDULE OF DELIVERABLES - 30 Weeks Total* 30% Drawing Set—end of Schematic Design 3 weeks 60% Drawing Set—end of Design Development 3 weeks 90% Drawing Set 8 weeks 100% Drawing Set 2 weeks Signed and Sealed Drawing Set 2 weeks *3 week review between each package *There will be lead times for the Generator. Time listed is for Construction time once all equipment is on-site. x Ih li Ihs li I »age 5 of . DocuSign Envelope ID:7031 13FC7-0A9F-4F2E-A93D-1 BD864EEFFF9 Proposal/Agreement for 23080 Corpus Christi Water Utility Building/Warehouse Revision 1 5 SPECIAL CONSULTANTS' COMPENSATION In addition to our Civil, Structural, Mechanical, Electrical and Plumbing Consultants, we anticipate needing the special consulting services listed below. The fees for these services will be in addition to our Basic Services fee. Special consultants will be engaged by, and paid directly by, Owner. We will coordinate the work of these consultants as a part of our Basic Services. With our present knowledge of the project scope, we expect the required special consulting services to be as follows: • Geotechnical Testing will be provided by the City of Corpus Christi. • Construction Testing will be provided by the City of Corpus Christi. LABOR PROVIDED IN ADVANCE OF FULLY EXECUTED AGREEMENT Any labor provided within the scope of the project in advance of the fully executed agreement related to this project may be billed at standard hourly rates, until such time that the agreement is fully executed and all terms have been agreed to. Upon agreement of the terms,appropriate credit for previously billed labor will be applied in accordance with the executed agreement as if the executed agreement had been in place at the time the labor was performed. ADDITIONAL SERVICE COMPENSATION AND REIMBURSABLE EXPENSES Additional Services are available but not included in the compensation for Basic Services and will require a formal Proposal and/or Contract Amendment. If required, we will perform additional services at our standard hourly rates in effect at the time the work is done or, at your request, we can provide a separate proposal for any additional services which you desire. Please refer to the attached hourly Compensation Schedule—Exhibit M -which is currently in effect. Additional Services provided by Consultants are available but not included in the compensation for Basic Services. If required and approved, these services will be billed at a multiple of 1.10 times the amount billed to the Architect for such service. Reimbursable expenses, such as reproduction of documents (exclusive of interoffice and inter-disciplinary coordination prints), Texas Accessibility Standards (TAS) review and inspection fees, auto travel mileage, delivery charges, and expenses incurred in travel and lodging will be billed monthly at 1.15 times our cost and building permit fees or any other governmental fees required will be billed at our cost. The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as Architects, persons registered as landscape architects, and persons registered as registered interior designers in Texas. Complaints should be addressed to:Texas Board of Architectural Examiners,P.O.Box 12337,Austin,TX 78711-2337-Telephone:(512)305-9000, Fax:(512)305-8900,http://www.tbae.state.tx.us. Irrigation in Texas is regulated by the Texas Commission on Environmental Quality,P.O. Box 13087,Austin,Texas 78711-3087. EH:psc z:\2022\22211 - corpus christi water utility warehouse\contracts\22211 rvk 23080 cc water utility bldg warehouse rev 1 proposal 11.29.22.docx x h II b II"I Sege 6 of . , DocuSign Envelope ID:7031 BFC7-OA9F-4F2E-A93D-1 BD864EEFFF9 ie�10000 A I C H q T IF, C T U R I Exhibit I COMPENSATION SCHEDULE FOR SERVICES STANDARD HOURLY RATES October 2022 RATE PER HOUR CLASSIFICATION $180 to $300 Principal $90 to $240 Architect $80 to $140 Landscape Architect $70 to $120 Interior Designer $120 to $240 Senior Staff $50 to $150 Drafting &Support Staff The specific hourly rate within each classification listed above is dependent on the experience and qualifications of the personnel needed for the project. Standard Hourly Rates are adjusted from time to time in accordance with the normal salary review practices of the firm. The current rates in effect at any time are available upon request. Principals: Judith K. Zimmerman, RID, LEED AP Heath J. Wenrich, RA, LEED AP Kimberley M. Wolf, PLA,ASLA, LEED AP T. Hayden Phillips,AIA, CSI CDT, LEED AP Elizabeth Hurd,AIA Christina Davis, RID, LEED AP ID + C, EDAC, COEE Jason Puchot,AIA,ACHA, EDAC, LEED AP Charles H. Dayton, MBA Tony Luetkenhaus, RA x Ih li Ihs li I ::»age . I . DocuSign Envelope ID:7031 BFC7-OA9F-4F2E-A93D-1 BD864EEFFF9 +, N o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O M O O O m m m LO CO LO 0 V Q 0 0 0 0 0 6 6 6 ~ ~ ~ O O O M O UO CO N CO N C OL E 0T- C) o a U cwt �. Q 0 0 00 0 0 0 0 0 00 0 00 0 J mE O O O O O O O O cn m 0LO0LO 0Om m m o LO of 111- NN 0 It0 rn o a g ' m LO I� � � LO M LI- C%4 Om O M L = = = V L61'i OE} 6111- 6111- 6111- 6111- 6111- 6111- 0 OV O W O O 00 O O O O 0 0 0 O 00 O 0 0 0 0 0 0 0 0 o m m m 0 0 0 0 J V O O O O O O O O I- I- I- O O O O O H a N Ef3 Ef3 N S M W V 2 O O 00 O O O O 0 00 O 00 O W N O O 99 O O O O m m m O O O O p m 4) 0 0 0 0 0 0 0 0 0 0 0 0 Z 0 O O 60, 61), 0 61), 61), 61), 61), OHO O O O LO LO LO LO a a s W O O O O O O O O D D D 00 O O -� — 4) 99990 O O O m m m O 999 V 00000 0001- I- I- O 000 L o 66 o66 665 o LO LO oLOLO W W > O U Ur 61), 61), 69- O a� H , 'It N ? CO U N � o o 00 O O O O p p p O o O o X � o � o 0 O O O O i 0 0 LO 0 LO O N N ~ ~ ~ Iq LO Iq O CO) CO W Z Z O O O O 1- W) N O r CO f� N 1- C) W CL �, a) ++ H O M M 00 N 00 � N U rz LV •V 0 U E!> E!> EA EA EA EA EA EA EA EA � O O ti � J aS '� N 0 0 0 0 0 0 0 0 0 O O O ? N CL > 0 0 0 0 0 0 O O H 1-- O 1- J O Z N O N (D N (D o J U 69 =7 I_ _ _ _ _ N Q U EA EA EA EA EA EA EA Z a . 0 0 0 0 0 0 0 0 0 Q 0 0 O O O W 0 � " O O O O O9 O O m m m 0 O O O W L 0 00000 0001— I— I— O 000 00 � � Z6ov o � � o V), CN � CN o CN � o U 0 0 QN o LL O O 00 O O O O 0 00 O 00 O Co0 +� O O O O OO O O m m m O O O O � � 00000 0001- I- I- O 000 Cj) o o LO 0 0 0 0 0 0 = W g U � � � � � 69 � � CO go a0 U U ZLu �z Ei U co U ci W W co cu LL 0 cu o d cu o .v Q -4 4) CUd CU t5 cu o rn 2 Q F m � w V W v U ca (D o a) cu c� °� U =) m cu _0 O o a m m d O m 0 U) Q 0- 0 cn cn 0 m Q ; ; Exhibit B Page 1 of 1 DocuSign Envelope ID:7031 BFC7-OA9F-4F2E-A93D-1 BD864EEFFF9 REHLEVAU DATE(MM/DD/YYYY) ACORDT. CERTIFICATE OF LIABILITY INSURANCE 7/17/2023 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Debra Wylie,ACSR USI SouthwestPHONE 713 490 600 FAX 713-490-4700 A/C,No,Ext): (A/C,No): 9811 Katy Freeway,Suite 500 E-MAIL wYG ADDRESS: debra.wylie@usi.com Houston, TX 77024 INSURER(S)AFFORDING COVERAGE NAIC# 713 490-4600 INSURER A:QBE Insurance Corporation 39217 INSURED INSURER B: REHLER VAUGHN & KOONE, INC. INSURER C dba RVK ARCHITECTURE 2002 N.Saint Mary's Street INSURER D San Antonio, TX 78212 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 CONTRACTOR 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE [:]OCCUR PREMISESOEa oN.TEDence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- PRODUCTS-COMP/OP AGG $ POLICY PRO-JECT LOC OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED F I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE T ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liab ANE3331202 09/01/2022 09/01/2023 $5,000,000 per claim Claims Made& Retro: 09/01/88 $5,000,000 annl aggr. Reporting Pol. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Bldg./Warehouse Contract#23080- RVK project#21270.13 ; Project: Corpus Christi Water Utility. CERTIFICATE HOLDER CANCELLATION Cit f Cor Christi SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City opus THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Engineering Services ACCORDANCE WITH THE POLICY PROVISIONS. P. O. Box 9277 Corpus Christi, TX 78469-9277 AUTHORIZED REPRESENTATIVE p. ,kf "--. ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD XhII3II" #S40835961/M37228310 S5PZP :::Iage 1 of DocuSign Envelope ID:7031 BFC7-OA9F-4F2E-A93D-1 BD864EEFFF9 DATE(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 07114123 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). PRODUCER CONTACT NAME: KEVIN MCLOUGHLIN INSURANCE AGENCY PH/CN o t (210)821-6660 (A C No): (210)821-5005 306 W Sunset Rd,Suite 100 ADDRIESS: San Antonio,TX 78209 INSURERS AFFORDING COVERAGE NAIC# INSURER A: Nationwide Mutual Insurance co 23787 INSURED INSURER B: Nationwide Mutual Fire Ins Co 23799 Rehler Vaughn&Koone Inc INSURER C: Nationwide P&C Insurance Co 37877 RVK Architects,Inc INSURER D: 2002 N.St.Marys St INSURER E: San Antonio TX 78212 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 TYPE OF INSURANCE ADDL SUER Y EXP LTR POLICY NUMBER MMIDDWYYYI (MMIDDrCYYYI LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE CLAIMS-MADE XOCCUR PREM SESOEa oNcurrOence $ 100,000 MED EXP(Any one person) $ 5,000 A ACPGL05515131300 08112122 08112123 PERSONAL&ADV INJURY $ t000,000 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICYX jE O LOC PRODUCTS-COMP/OP AGO $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY Ea MI NaccidED entSINGLE LIMIT $ 1,000,000 000000 ANY AUTO BODILY INJURY(Per person) $ OWNED A AUTOS ONLY AUTOSULED ACPBA5515131300 08112122 08112123 BODILY INJURY(Per accident) $ XHIRED �/ NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY /� AUTOS ONLY Per accident X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 B X EXCESS LIAB CLAIMS-MADE ACPCAF5515131300-CovA-Exc/CovB-Umb 0$112122 08112123 AGGREGATE $ 5,000,000 DED I I RETENTION$ 0 $ WORKERS COMPENSATION PER X STATUTE OERH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN N E.L.EACH ACCIDENT $ 1,000,000 C OFFICER/MEMBER EXCLUDED? IN I N/A ACPWCK5515131300 08112122 08112123 (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 Dishonest Employee Emp Dishonesty 100,000 A y ACPCPP5515131300 08112122 08112123 Deductible 1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) PROJECT NAME:CORPUS CHRISTI WATER UTILITY BLDGIWAREHOUSE CONTRACT NO.23080-RVK PROJECT#21270.8 The General Liability policy includes a blanket automatic additional insured,primary non-contributory,on-going operations,and waiver of subrogation endorsement that provide these features when there is a written contract/agreement that requires such status, The Workers compensation policy includes a blanket automatic waiver of subrogation endorsement when required by written contract/agreement to provide such status.30 day notice cancellation except 10 day non payment.(CG7323;WC420304B) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Corpus Christi THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Enqineerinq Services ACCORDANCE WITH THE POLICY PROVISIONS. P 0 Box 9277 AUTHORIZED REPRESENTATIVE Corpus Christi,TX 78469 ,��..•`fes'.tel'`,�,.� ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD » � 2 of DocuSign Envelope ID:7031 BFC7-0A9F-4F2E-A93D-1 BD864EEFFF9 COMMERCIAL GENERAL LIABILITY CG 73 23 12 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ENHANCEMENT PLUS ENDORSEMENT INCLUDING MEDICAL PAYMENTS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Lost Key Coverage D. Expanded Property Damage Coverage 1. Under Section I —Coverages, Coverage A 1. For the purposes of this endorsement only: Bodily Injury And Property Damage Section I — Coverages, Coverage A Liability, coverage is extended to include Bodily Injury And Property Damage the following: Liability, 2. Exclusions, Exclusion j. If a customer's master or grand key, Damage To Property is amended as follows: excluding electronic key card, is lost, a. Paragraphs(3), (5), and(6)are deleted damaged or stolen while in your care, in their entirety. custody or control we will pay the cost of b. Paragraph (4) is deleted in its entirety replacing the keys, including the master lock and replaced with: and all keys used in the same lock, the cost (4) Personal property in the care, of adjusting locks to accept the new keys, or custody, or control of the insured: the cost to replace the locks, whichever is less. (a) for storage or sale at premises 2. Limit of Insurance—For the purpose of this you own, rent or occupy; or coverage the most we will pay is $ 10,000 (b) while being transported by any per"occurrence". aircraft, "auto" or watercraft B. Voluntary Property Damage owned or operated by or rented 1. Section I — Coverages,Coverage Bodily to or loaned to any insured. Injury And Property Damage Liability c. The coverage provided by this coverages extendedo includethefollowing: endorsement does not apply to property damage": At your request, we will pay for "property (1) Arising out of the disappearance or damage"to propertyof others caused by you andwhilein your possession,risingout of your loss of use of personal property;or business operationsand occurring during the (2) Included in the "products-completed policyperiod. operations hazard". 2. Limit of Insurance—For the purpose of this 2. Limit of Insurance - The most we will pay coverage the most we will pay is $1,500 per for loss arising out of any one "occurrence" "occurrence". is$5,000. C. Non-Owned Watercraft 3. Deductible - Our obligation to pay for a Under Section I — Coverages, Coverage A covered loss applies only to the amount of Bodily Injury And Property Damage Liability, loss in excess of$250. 2. Exclusions, Exclusion g. Aircraft, Auto Or We will pay the deductible amount to effect Watercraft Paragraph(2) (a) is replaced with: settlement of any claim or "suit" and, upon (a) Less than 51 feet long; and notification of this action having been taken, you shall promptly reimburse us for the deductible as has been paid by us. CG 73 23 1216 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 5 with its permission. ACP GLO 5515131300 LF09 21166 INSURED COPY 36 0000444 Ih li Ih0li I » � 3 0f DocuSign Envelope ID:7031 BFC7-0A9F-4F2E-A93D-1 BD864EEFFF9 CG 73 23 12 16 This insurance is primary to any expanded d. All reasonable expenses incurred by the property damage coverage provided by a insured at our request to assist us in the separate endorsement attached to this investigation or defense of the claim or policy, and it will supplant any deductible in "suit", including actual loss of earnings up to said endorsement $500 a day because of time off from work. E. Damage To Premises Rented To You G. Newly Formed And Acquired Organizations 1. Under Section I —Coverages, Coverage A Under SECTION II — WHO IS AN INSURED Bodily Injury And Property Damage Paragraph 3.a.is replaced with: Liability, the last paragraph of 2. a. Coverage under this provision is afforded Exclusions is replaced with: only until the 180"' day after you acquire or If Damage To Premises Rented To You is form the organization or the end of the policy not otherwise excluded, Exclusions c. period,whichever is earlier; through n. do not apply to damage by fire, H. Additional Insured — Automatic Status When lightning, explosion, smoke, or sprinkler Required In An Agreement Or Contract With leakage to premises while rented to you or You temporarily occupied by you with permission Section II —Who Is An Insured is amended to of the owner. include: 2. Under Section III — Limits Of Insurance, 1. Any person(s)or organization(s)described Paragraph 6 is replaced with: in Paragraph a.—d. below with whom you 6. Subject to 5. above, the Damage To have agreed in writing in a contract or Premises Rented To You Limit is the written agreement that such person or most we will pay under Coverage A for organization be added as an additional damages because of"property damage" insured on your policy during the policy to any one premises, while rented to period shown in the Declarations. you, or in the case of damage by fire, 2. Any other person or organization you are lightning, explosion, smoke or sprinkler required to add as an additional insured leakage, while rented to you or under the contract or agreement described temporarily occupied by you with in Paragraph 1. above. permission of the owner. The limit is The person or organization added as an increased to$1,000,000. insured by this endorsement is an insured 3. Under Section IV — Commercial General only for liability due to: Liability Conditions, 4. Other Insurance, b. a. Lessors of Leased Equipment — with Excess Insurance (1) (a) (!I) is replaced respect to their liability for"bodily injury", with: property damage", or "personal and (ii) That is Fire, Lightning, Explosion, Smoke advertising injury", caused in whole or in or Sprinkler leakage insurance for part by your maintenance, operation, or premises rented to you or temporarily use of equipment leased to you by such occupied by you with permission of the person(s) or organization(s). This owner. insurance does not apply to any F. Supplementary Payments "occurrence"which takes place after the Under Section I — Coverages, Supplementary equipment lease expires. Payments — Coverages A and B Paragraphs However, their status as additional 1.b and 1.d. are replaced with: insured under this policy ends when b. Up to $2,500 for cost of bail bonds required their lease, contract, or agreement with because of accidents or traffic law violations you for such leased equipment expires. arising out of the use of any vehicle to which b. Managers or Lessors of Premises — the Bodily Injury Liability Coverage applies. with respect to liability arising out of the We do not have to furnish these bonds. ownership, maintenance, or use of that part of the premises you own, rent, lease, or occupy. Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc., CG 73 23 12 16 with its permission. ACP GLO 5515131300 LF09 21166 INSURED COPY 36 0000445 Ih li Ih3li I »age 4. Of DocuSign Envelope ID:7031 BFC7-OA9F-4F2E-A93D-1 BD864EEFFF9 CG 73 23 12 16 This insurance does not apply to: (1) Your acts or omissions; or (1) Any "occurrence"which takes place (2) The acts or omissions of those after you cease to be a tenant in acting on your behalf; in the that premises. performance of your r ongoing (2) Structural alterations, new con- operations.__perfor`mea-J for tfiat struction, or demolition operations a�lltlonal iinsured, whether the work performed by or on behalf of the is performed by you or on your person or organization. behalf. However, their status as additional The insurance does not apply to: insured under this policy ends when you (1) "Bodily injury", "property damage", cease to be a tenant of such premises. or "personal and advertising injury" c. State or Political Subdivision — arising out of the rendering of or the Permits Relating to Premises — with failure to render any professional respect to the following hazards for architectural, engineering, or survey which the state or political subdivision services,including: has issued a permit or authorization in (a) The preparing, approving, or connection with premises you own, rent, failing to prepare or approve or control and to which this insurance maps, shop drawings, opinions, applies. reports, survey, field orders, (1) The existence, maintenance, repair, change orders, or drawings and construction, erection, or removal of specifications; or advertising signs, awnings, (b) Supervisory, inspection, archi- canopies, cellar entrances, coal tectural or engineering activities. holes, driveways, manholes, This exclusion applies even if marquees, hoist away openings, the claims against any insured sidewalk vaults, street banners, or allege negligence or other decorations and similar exposures; wrongdoing in the supervision, or hiring, employment, training or (2) The construction, erection, or monitoring of others by that removal of elevators;or insured, if the "occurrence" (3) The ownership maintenance or use which caused the "bodily injury" of any elevators covered by this or "property damage", or the offense which caused the insurance. "personal and advertising This insurance does not apply to: injury", involved the rendering (1) "Bodily injury" or "property damage" of, or failure to render, any or "personal or advertising injury" professional, architectural, arising out of operations performed engineering, or surveying for the state or municipality; or services. (2) "Bodily injury" or "property damage" (2) "Bodily injury" or "property damage" included within the "products- occurring after: completed operations hazard". (a) All work, including materials, However, such state or political parts, or equipment furnished in subdivision's status as additional connection with such work, on insured under this policy ends when the the project (other than service, permit ends. maintenance, or repairs) to be d. Owners, Lessees, or Contractors — performed by or on behalf of the with respect to liability for "bodily injury", additional insured(s) at the location of the covered "property damage", or "personal and operations has been completed; advertising injury" caused in whole or in or part, by: CG 73 23 12 16 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 5 with its permission. ACP GLO 5515131300 LF09 21166 INSURED COPY 36 0000446 Ih li Ih3li I »age 5 of 000uSignEnvelope ID:7oo1oFc7-OAnF-4FoE-Anoo'1ooao4EEFFFe CG73231216 (b) That portion of r work" out h. You have agreed in vvhbnA in a contract of which the injury or damage or agreement that this insurance would aheae has been put to its be primary and would not seek intended use by any person or contribution from any other insurance organization other than another available tothe additional insured. contractor or subcontractor |. Employee Bodily Injury ToAnother Employee engaged in performing Under Section U - Who Is An Insured The operations for a principal as m following is added to ParoAraph2.a.(1): purtoftheemmepn�uct. However' a person ororganization's ponaUraPha 2.o.(1) (a). (b) and (o) do not apply status as additional insured under to "bodily injury" to u co-"employee" in the this policy ends when your course of the co-"employee's" employment by operations for that additional insured you, or to "bodily injury" to a co-"volunteer are completed. worker" while performing duties related to the With respec conduct of yourbusinemo to the insurance afforded to ' such additional insureds a. - d. described J. Broad Form Named Insured above, the following is added to Section |U Under Section U - Who Is An Insured The -Limits Of Insurance: fu||ovv|ny ioadded tm Paragraph 2.: If coverage provided to the additional u. Any business entity incorporated or insured is required by e contract or organized under the laws ofthe United State agreement,the most wawill pay onbehalf of ofAmerica (including any State thereof). its the additional insured is the amount of territories or possessions, or Canada insurance: (including any Province thereof) inwhich the 1. Required by the contract or agreement; Named Insured shown in the Declarations or owns, during the policy period, on interest of 2. Avoi|uNa under the applicable Limits of more than fifty percent. If other valid Insurance shown inthe Declarations: ooUeudb\o insurance is available to any whichever ialess. business entity covered by this ao|a\y by This endorsement shall not increase the reason ofownership bthe Named Insured applicable Limits of Insurance shown in the shown in the Declarations in excess of fifty Declarations. percent, this insurance is excess over the However, the insurance afforded to such other insurance, whether primary, *xcemo, additional insureds a.-d. described above: contingent,oronany other basis. 1. Only applies tothe extent permitted by K. Aggregate Limit Per Location iew'. and Under Section U| - Limits Of Insurance the 2. Will not be broader than that which you following is added to Paragraph 2: are required by the contract or The General Aggregate Limit under Section |U agreement to provide for such additional Limits Of Insurance applies separately to each insured. of your locations owned by or rented to you or 3. Primary and Noncontributory - Other temporarily occupied byyou with the permission Insurance Conditions ofthe owner. For the purposes n[this provision, The following is added to the Other location means premises involving the same or ' Insurance Condition and supersedes any connecting lots, or premises whose connection provisions tmthe contrary: ~~-/\ inintenupb*donly byapublic street, roadway, �^ pdnmmryand Noncontributory Insurance waterway orrailroad r|ght-of-way. ^ This insurance is primary to and will not L Aggregate Limit Per Project seek contribution from any other insurance Under Section |U - Unm|te Of Insurance The available toanadditional insured under your following paragraph iaadded toParagraph 2: policy provided that: The General Aggregate Limit under Section ||| a. The additional insured is u Named Limits Of Insurance applies separately to each Insured under such other insurance;and of your construction projects away from premises owned byorrented toyou. Page 4of5 Includes copyrighted material ofInsurance Services Office, |no.. CG7323131G with its permission. ACP GLwnmm«1»on Lpuo 21166 INSURED COPY xo 0000**7 �X hiiI C ��a g 6 o f 8 DocuSign Envelope ID:7031 13FC7-0A9F-4F2E-A93D-1 BD864EEFFF9 CG 73 23 1216 M. Medical Payments inception date of the policy shall not Under Section 111 — Limits Of Insurance, prejudice the coverage afforded by this Paragraph 7. is replaced with: policy provided such failure to disclose all 7. Subject to 5.above,the higher of: hazards or prior'occurrences"or offenses is not intentional. This provision does not a. $10,000;or affect our right to collect additional premium b. The amount shown in the Declarations or exercise our right of cancellation or non- for Medical Expense Limit is the most renewal. we will pay under Coverage C for all P. Waiver Of Subrogation medical expenses because of "bodily Under Section IV — Commercial General injury"sustained by one person. Liability Conditions, 8. Transfer Of Rights Of This coverage does not apply if Coverage C Recovery Against Others To Us the following — Medical Payments is excluded either by '�� paragraph is added: the provisions of any coverage forms If required by a written contract executed prior to attached to the policy or by endorsement. loss, we waive any right of subrogation we may N. Knowledge Of An Occurrence have against the contracting person or Under Section IV — Commercial General organization because of payments we make for Liability Conditions, the following is added to injury or damage arising out of your ongoing 2. Duties In The Event Of Occurrence, operations or "your work" done under a contract Offense,Claim Or Suit: with that person or organization and included in e. Knowledge of an occurrence, offense, claim the"products-completed operations hazard". or suit by an agent or employee of any Q. Liberalization insured shall not in itself constitute Under Section IV — Commercial General knowledge of the insured unless you, a Liability Conditions, the following paragraph is partner, if you are a partnership; or an added: executive officer or insurance manager, if 10. Liberalization you are a corporation receives such notice of an occurrence, offense, claim or suit from If we revise this coverage form to provide more the agent or employee. coverage without additional premium charge, f. The requirements in Paragraph b. will not your policy will automatically provide the be considered breached unless there is additional coverage as of the day the revision is knowledge of occurrence as outlined in effective in your state. Paragraph e,above. R. Broadened Bodily Injury Definition (Mental O. Unintentional Failure To Disclose Hazard Anguish) Under Section IV — Commercial General Under Section V — Definitions Definition 3. Liability Conditions, Condition 6. "Bodily Injury"is replaced with: Representations the following paragraph is 3. "Bodily injury" means physical injury, added: sickness, or disease to a person and if d. Your failure to disclose all hazards or prior arising out of the foregoing, mental anguish, "occurrences"or offenses existing as of the mental injury, shock, or humiliation, including death at any time resulting therefrom. All terms and conditions of this policy apply unless modified by this endorsement. CG 73 23 12 16 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 5 with its permission. ACP GLO 5515131300 LF09 21166 INSURED COPY 36 0000448 Ih li Ih3li I »age . ` Of DocuSign Envelope ID:7031 BFC7-OA9F-4F2E-A93D-1 BD864EEFFF9 WC 42 03 04 B 06 14 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided 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 (See reverse for additional names) (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium: The premium charge for this endorsement shall be 2.0 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: Included This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium: Insurance Company Countersigned by WC 42 03 04 B 06 14 ©Copyright 2014 National Council on Compensation Insurance, Inc.All Rights Reserved. ACP WCK 5515131300 LEKO INSUREDS COPY 36 0000173 Ih li Ih3li I »age 8 Of DocuSign Envelope ID:7031 BFC7-OA9F-4F2E-A93D-1 BD864EEFFF9 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:7031 BFC7-OA9F-4F2E-A93D-1 BD864EEFFF9 SUPPLIER NUMBER TO BE ASSIGNED Mr=Y— PURCHASING DIVISION City of 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: RVK Architecture P.O.BOX: STREET ADDRESS: 2002 N. Saint Mary's Street CITY: San Antonio ZIP: 78212 FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner El 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this gg 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) None 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 None 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 None 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 None DocuSign Envelope ID:7031 BFC7-OA9F-4F2E-A93D-1 BD864EEFFF9 FILING REQUIREMENTS If a person who requests official action on a platter 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: Charles H. Da ton T'tle: Vice President I Business Office (Type or Print) Signature of Certifying � Date: Person: Person: July 1.4, 2023 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.