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C2023-272 - 6/27/2023 - Approved
DocuSign Envelope ID: BC9D1 ECA-3E2C-401 C-1391 1-OD5946933EAA ,mus C c�fl �c SERVICE AGREEMENT NO. 5574 v CONTRACT FOR PROFESSIONAL SERVICES �N�'QRP�6PbS�0 .1852 FOR PROJECT 23176 — FAR SOUTH POLICE SUB-STATION 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 Turner Ramirez Architects, 3751 South Alameda Street, Corpus Christi, Texas 78411 (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: BC9D1 ECA-3E2C-401 C-1391 1-OD5946933EAA 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. 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: 13C9D1ECA-3E2C-401C-13911-OD5946933EAA 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 $ 254,141.63. 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: BC9D1 ECA-3E2C-401 C-1391 1-OD5946933EAA 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: BC9D1 ECA-3E2C-401 C-1391 1-OD5946933EAA 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: BC9D1 ECA-3E2C-401 C-1391 1-OD5946933EAA 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: BC9D1 ECA-3E2C-401 C-1391 1-OD5946933EAA 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: BC9D1 ECA-3E2C-401 C-1391 1-OD5946933EAA 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: BC9D1 ECA-3E2C-401 C-1391 1-OD5946933EAA 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: BC9D1 ECA-3E2C-401 C-1391 1-OD5946933EAA 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: BC9D1 ECA-3E2C-401 C-1391 1-OD5946933EAA 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: BC9D1 ECA-3E2C-401 C-1391 1-OD5946933EAA CITY OF CORPUS CHRISTI Turner Ramirez Architects DocuSigned by: DocuSigned by: 12/11/2023 12/8/2023 e ItVffi ffil P.E. Date Phlllp amlrez, AIA Date Director of Engineering Services President 3751 South Alameda Street Corpus Christi, Texas 78411 (361) 994-8900 Office philip@trarch.com APPROVED AS TO LEGAL FORM: DocuSigned by: 12/8/2023 Asslstan I y Attorney Date Res.033089 Authorized By Council 6/27/2023 ATTEST DS DocuSigned by: � kW 12/13/2023 I y ecre ary Date Contract for Professional Services Page 12 of 12 DocuSign Envelope ID: 13C9D1ECA-3E2C-401C-13911-OD5946933EAA 11/09/2023 Revision 1 TURNER I RAMIREZ Mr. Jeffrey H. Edmonds P.E. A R C H I T E C T S Director of Engineering Services City of Corpus Christi 1201 Leopard St. Corpus Christi, TX 78401 SUBJECT: Project#231761 Far South Police Sub-Station Dear Mr. Jeffrey H. Edmonds P.E.: Please accept this letter as our proposal to perform the professional services desired in developing the Far South Police Sub-Station project. It is understood that the proposed hard construction project budget for the new Far South Police Sub-Station is approximately$2,600,000.00. Background and Purpose: The Far South Police Sub-Station will be located on approximately two (2) acres on the Oso Creek Campus of Del Mar College on Yorktown Boulevard. The facility will be a one story structure in the area range of 6,000 to 6,500 square feet that will be designed as a Risk Category IV. The program is understood to include the following: • Lobby with Public Restroom * Lieutenant's Office • Reception * Evidence Lockers • Interview Room * Workstations • Monitor Room * Breakroom • Sargent's Office * Locker room • Conference Room * Restrooms &Showers • Captains Office * Support Spaces • Briefing Room (50 occupants) * Secure Parking and Public Parking • Armory Workroom o 55 parking spaces • Armory Storage * Natural Gas Emergency Generator The program is anticipated to be refined and coordinated with the end users to meet the needs of the facility. TRA has been informed that this floor plan and the exterior design aesthetics will be identical to its companion project Calallen Police Sub-Station. Both Police Sub-Station Projects will be designed at the same time and will be utilizing the same model with two site adaptations and this proposal reflects that understanding. Detailed Design Scope of Services: 1. Schematic Design Phase Turner Ramirez Architects (TRA) will review information furnished by the City such as surveys of existing conditions; and will review laws, codes, and regulations applicable to our design services. TURNER I RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. I CORPUS CHRISTI, TX 78411 1 TRARCH.COM Page 1 of 10 DocuSign Envelope ID: 13C9D1ECA-3E2C-401C-13911-OD5946933EAA TRA will evaluate initial project information, each in terms of the other, to ascertain the requirements of the Project. TRA will thus notify the City of Corpus Christi of any inconsistencies discovered in the information and other information that may be reasonably needed for the project. TRA will thus reach an understanding with the City of Corpus Christi regarding the requirements of the Project. Based on the Project's requirements agreed upon with the City of Corpus Christi, TRA will prepare and present for the City's approval the Schematic Design package illustrating the scale and relationship of the Project site and overall Schematic Design Concept. Tasks: ■ Confirm, evaluate, and field-verify existing site conditions. [City of Corpus Christi will provide record information and data as available from existing files of current facility grounds.] ■ Review previously developed sketches, designs and/or building program documents previously provided by City of Corpus Christi. ■ Provide a conceptual design to provide new building to include administration offices, support spaces as outlined and parking. ■ Review and study the project scope/program and proposed budget as they relate to construction feasibility. ■ Provide a preliminary opinion of construction cost. ■ Assimilate all review comments, modifications, additions / deletions and proceed to next phase, upon Notice to Proceed. Schematic Design TRA Deliverables: Project Design Meetings (3 anticipated) Architectural Schematic Design Civil Engineering Narrative Structural Engineering Narrative MEP Engineering Narrative IT/ DATA/Security Narrative (Optional Service- if accepted) Geotechnical Investigation (Optional Service - if accepted) Opinion of Probable Construction Cost Exterior Colored Renderings (2 Exterior Perspectives, 2 Interior Renderings) Schematic Design City Deliverables: Building Program of Spaces (Already provided by City of Corpus Christi) Metes & Bounds Survey (Optional Service -To be provided by Civil Engineer) Existing Utility Survey (To be provided by City of Corpus Christi, if available) Re-plat of Property (Optional Service - If required, To be provided by Civil Engineer) TURNER I RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. I CORPUS CHRISTI, TX 78411 1 TRARCH.COM Page 2 of 10 DocuSign Envelope ID: 13C9D1ECA-3E2C-401C-13911-OD5946933EAA 2. Design Development Phase(60% City Review) Based on the City's approval of the Schematic Design Documents and the City's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, TRA will provide architectural services in which the process moves from the Schematic Phase to the Contract Documents phase. In this phase, TRA will prepare drawings and other presentation documents to solidify the design concept and describe it in terms of the Architectural design. The Design Development Documents (60% Set) will illustrate and describe the development of the approved Schematic Design Documents and will consist of drawings and other documents including plans, sections, elevations, typical construction details, and engineering diagrammatic layouts to fix and describe the character of the Project as to architectural and other elements as may be appropriate. The Design Development Documents (60% Set) will also include outline specifications that identify major materials and systems and establish in general their quality levels. Tasks: ■ Develop and submit for review Design Development set of plans with layout of the plans in the City of Corpus Christi's preferred format consistent with the City of Corpus Christi Plan Preparation Standards. ■ Develop and submit an opinion of probable construction cost for the project improvements. ■ Assimilate all review comments, modifications, additions / deletions and proceed to next phase, upon written Notice to Proceed. Design Development TRA Deliverables: Project Design Meetings (2 anticipated) Architectural Design Development(60%) Drawings Civil Engineering Design Development(60%) Drawings Landscape Architecture Design Development(60%) Drawings Structural Engineering Design Development Diagrammatic (60%) Drawings MEP Engineering Design Development Diagrammatic (60%) Drawings IT/ DATA/Security Design Development Diagrammatic (60%) Drawings Outline Project Specifications Opinion of Probable Construction Cost 3. Construction Document Phase Based on the City's approval of the Design Development Documents (60% Set), and the City's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, TRA will prepare Construction Documents for the City's approval at 90% and 100% Signed & Sealed Final milestones. The Construction Documents will illustrate and describe the further development of the approved Design Development Documents (60% Set) and shall consist of Drawings and Specifications setting forth in detail specific materials and systems and other TURNER I RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. I CORPUS CHRISTI, TX 78411 1 TRARCH.COM Page 3 of 10 DocuSign Envelope ID: 13C9D1ECA-3E2C-401C-13911-OD5946933EAA requirements for the construction of the Work. All drawings and specifications for building systems, and components that will make up the Construction Documents. A final set of Professionally Sealed Construction Documents provides drawings and specifications that are sufficient to comprehensively support the City's ability to obtain construction bids, necessary permits and construct the project. The City of Corpus Christi and TRA will acknowledge that in order to construct the work the City's selected General Contractor will provide additional information, including Shop Drawings, Product Data, Samples &other similar submittals which TRA will review. The final Design Phase of TRA's architectural services which focuses upon finalizing drawings & will provide detailed development of Architectural Designs & perform coordination with Engineering documents to ensure the completeness &technical correctness of final design package. Tasks: ■ Develop and submit for review a 90% set of plans with layout of the plans in the City of Corpus Christi's preferred format consistent with the City of Corpus Christi Plan Preparation Standards which include: ■ Executive summary, ■ Drawing Review Checklist and ■ Project Request Submittal Checklist, ■ Specifications, ■ Front End Documents(in track changes/PDF) ■ Bid Form ■ Develop and submit an opinion of probable construction cost for the project improvements. ■ Assimilate all review comments, modifications, additions / deletions and proceed to next phase, upon written Notice to Proceed. ■ Complete and submit a 100% Final (BID Set) Signed & Sealed complete set of construction drawings, plans, details, contract documents and technical specifications in accordance with the City of Corpus Christi's preferred standard format for Bidding Purposes. ■ Furnish two (2) Full Size 22"04" and two (2) 11"X17" hardcopy set of plans, as well as one (1) Flash Drive containing full size PDF Files to the City of Corpus Christi for review and comment. The City shall assume cost for reproduction of additional sets. ■ Prepare and submit documents to regulatory agencies having jurisdiction TDI (WPI-8 Documents) and TDLR (ADA), etc. for review. Construction Document TRA Deliverables: Project Design Meetings (4 anticipated) Architectural 90%CD Drawings Civil Engineering 90%CD Drawings Landscape Architecture 90%CD Drawings Structural Engineering 90%CD Drawings MEP Engineering Design 90%CD Drawings TURNER I RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. I CORPUS CHRISTI, TX 78411 1 TRARCH.COM Page 4 of 10 DocuSign Envelope ID: 13C9D1ECA-3E2C-401C-13911-OD5946933EAA IT/ DATA/Security Design 90%CD Drawings 90% Project Specifications 90% Final Opinion of Probable Construction Cost Architectural 100%Signed & Sealed CD Drawings Civil Engineering 100%Signed & Sealed CD Drawings Landscape Architecture 100%Signed &Sealed CD Drawings Structural Engineering 100%Signed & Sealed CD Drawings MEP Engineering Design 100%Signed &Sealed CD Drawings IT/ DATA/Security Design 100%Signed & Sealed CD Drawings 100%Signed & Sealed Project Specifications Conformed Construction Documents Set- "For Construction" As-built preparation (pdf document) 4. Bidding Phase After the City's approval of Construction Documents, TRA will provide support in obtaining competitive General Contractor bids or negotiated proposals. Tasks: ■ Attend General Contractor pre-construction conference chaired by City and assist City in defining, clarifying, and responding to General Contractor questions with respect to project design, specifications, materials, and methods. ■ Prepare addenda, in preferred City format, necessary to inform General Contractors of modifications and clarifications prior to construction. The City's Engineering Services will distribute any addendum. 5. Construction Phase TRA will advise the City during project construction milestones, including significant field matters relating to the construction of the project. TRA's action in reviewing submittals will be taken in accordance with a mutually approved (City & TRA) submittal schedule generated by the General Contractor. TRA will review and approve or take appropriate action upon the General Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for checking for conformance with information given and the design concept expressed in the Contract Documents. No more than two reviews of each submittal will be provided. TRA will review and respond to requests for information about the Contract Documents as they pertain to design intent. Requests for information are anticipated to include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. If appropriate, TRA will prepare and issue supplemental Drawings and Specifications in response to requests for information. TURNER I RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. I CORPUS CHRISTI, TX 78411 1 TRARCH.COM Page 5 of 10 DocuSign Envelope ID: 13C9D1ECA-3E2C-401C-13911-OD5946933EAA If required, TRA will issue minor changes in the Work that are consistent with the intent of the Contract Documents that do not involve an adjustment in the Contract Sum or an extension of the Contract Time. TRA will prepare a punch list and submit it to the City and conduct the final inspection upon the completion of the project. Tasks: ■ Coordinate with the City inspector to authorize minor field alterations that do not affect the contractor's price and are not contrary to the interest of the City. ■ Conduct a "final inspection" with City and General Contractor and make a recommendation concerning final acceptance. ■ Review and approve all General Contractor's shop drawings and/or submittals. ■ Prepare necessary change orders during process of work& City will process all change orders. ■ Construction Observation Services- Perform twenty-eight(28) Site Inspections to confer with City's Construction Inspector and General Contractor to observe the progress and quality of work, and to determine, in general, whether the work is accordance with project design. Prepare Site Observation Reports. Schedule: (Assumes Notice to Proceed on December 18, 2023) 1. 60% (Design Development) Submittal Due March 4, 2024 11 weeks 2. 60% City (Design Development) Review March 25, 2024 3 weeks Comments Due 3. 90% (Construction Documents) Submittal Due May 6, 2024 6 weeks 4. 90% City (Construction Documents) Review May 27, 2024 3 weeks Comments Due 5. 100% BID SET (Signed & Sealed Construction August 5, 2024 10 weeks Documents) Submittal Due 6. Permitting Phase August 26, 2024 3 weeks 7. Bidding Phase October 21, 2024 8 weeks 8. Construction Phase To Be Determined To Be Determined TURNER I RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. I CORPUS CHRISTI, TX 78411 1 TRARCH.COM Page 6 of 10 DocuSign Envelope ID: 13C9D1ECA-3E2C-401C-13911-OD5946933EAA Fees: A. Basic A/E Services Fees include: ■ Architecture ■ Civil Engineering ■ Structural Engineering ■ TDI Windstorm Engineering ■ MEP Engineering ■ TDLR Review (ADA) ■ Performance Telecommunications Design ■ Performance Fire Protection/ Life Safety Design ■ Bidding Support Services (as outlined above) ■ Permit Preparation (Construction Phase Service)* ■ Construction Administration Services (as outlined above) ■ Project Closeout(Construction Phase Service)* B. Optional Services: ■ Geotechnical Investigation Report(Design Phase Service) ■ Boundary Survey, Topographic/Utility Surveying, Platting, & Re-Zoning (Design Phase Service) ■ IT/ DATA/Security Consultant ■ 2021 IECC Required Commissioning (Construction Phase Service)* ■ Provide record drawings in Autodesk AutoCAD 2020 and PDF from General Contractor-prepared redlined marked-up set of construction documents (Construction Phase Service)* C. Summary of A/E Fees: (Basic Services are a fixed fee based on a construction budget of $2,600,000.00. Basic Services 1. Schematic Design Phase $29,415.00 2. Design Development Phase $39,220.00 3. Construction Document Phase $78,440.00 4. Bidding Phase $9,805.00 5. Construction Phase $39,220.00 Sub-Total A/E Basic Services Fixed Fee $196,100.00 6. Optional Services Boundary Surveying (Design Phase— Fixed Fee $7,877.50 Topographic / Utility Surveying (Design Phase— Fixed Fee Platting (Preliminary and Final $8,257.00 ReZoning $2,587.50 Geotechnical Investigation Report $6,103.63 IECC Commissioning Construction Phase—Fixed Fee $4,140.00 Record Drawings Construction Phase—Fixed Fee $15,000.00 IT/ DATA/Security Consultant $14,076.00 Sub-Total Optional Services $58,041.63 TOTAL PROPOSED FEE BASIC SERVICES&OPTIONAL SERVICES $254,141.63 TURNER I RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. I CORPUS CHRISTI, TX 78411 1 TRARCH.COM Page 7 of 10 DocuSign Envelope ID: 13C9D1ECA-3E2C-401C-13911-OD5946933EAA D. Summary of AIE Basic Service and Optional Service Fees: A/E Basic Services Fixed Fee Sub-Total $196,100.00 Optional Services "Sub-Total $58,041.63 TOTAL BASIC &OPTIONAL SERVICES FEE $254,141.63 E. AIE Fee Breakdown: BASIC SERVICES: Discipline Basic Services Design Fee Total*_$196,100.00 (*plus additional services) Architectural $104,400.00 Structural&Windstorm $ 19,250.00 MEP $ 29,600.00 Civil $ 36,410.00 Landscape $ 6,440.00 F. BASIC SERVICES I Fee Schedule, Man Hour Breakdown for all major disciplines: Architecture Job Title Hourly Rate Total Hours Maximum Amount Payable Principal $240.00 22 $5,280.00 Director of Operations $220.00 24 $5,280.00 Design Director $200.00 20.2 $4,040.00 Project Architect $185.00 40 $7,400.00 Interior Designer $185.00 40 $7,400.00 Project Manager $175.00 174 $30,450.00 Associate $150.00 283 $42,450.00 Administration $100.00 21 $2,100.00 Architecture Total=$104,400.00 Structural&Windstorm Job Title Hourly Rate Total Hours Maximum Amount Payable Partner/Project Manager $240.00 20 $4,800.00 Project Engineer $175.00 34 $5,950.00 CADD Technician $100.00 79 $7,900.00 Administration $75.00 8 $600.00 Structural&Windstorm Total=$19,250.00 TURNER I RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. I CORPUS CHRISTI, TX 78411 1 TRARCH.COM Page 8 of 10 DocuSign Envelope ID: BC9D1 ECA-3E2C-401 C-1391 1-OD5946933EAA MEP Job Title Hourly Rate Total Hours Maximum Amount Payable Principal Engineer(PE2) $250.00 13 $3,250.00 Associate Engineer(PE1) $175.00 15 $2,625.00 Project Manager(PM) $175.00 50 $8,750.00 Senior Design Technician(DT2) $150.00 26 $3,900.00 Revit Technician(RT1) $100.00 98 $9,800.00 Administrative Assistance(W) $85.00 15 $1,275.00 MEP Total=$29,600.00 Civil Engineering Services Engineer VIII $196.35 30 $5,890.50 Designer II $110.25 60 $6,615.00 Technician IV $86.10 178.5424 $15,372.50 Project Management $189.53 40 $7,581.20 Project Clerk $60.64 10 $606.40 Clerical $43.05 8 $344.40 Subtotal=$36,410.00 Landscape Architecture Services Landscape Architect $175.00 36.8 $6,440.00 Subtotal=$6,440.00 G. TRA Hourly Rate Schedule: (For use in Not to Exceed and Additional Services Scopes) Turner I Ramirez Architects—Hourly Rates (2022—2023) Principal $240.00/hr Director of Operations $220.00/hr Design Director $200.00/hr Project Architect $185.00/hr Interior Designer $185.00/hr Project Manager $175.00/hr Production Associate $150.00/hr Admin $100.00/hr TURNER I RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. I CORPUS CHRISTI, TX 78411 1 TRARCH.COM Page 9 of 10 DocuSign Envelope ID: BC9D1 ECA-3E2C-401 C-1391 1-OD5946933EAA We appreciate working with the City of Corpus Christi once again and look to many more opportunities in the future. Should you have any questions please feel free to contact me at my office. Regards, Philip Ramirez, AIA, RID, LEED AP Principal Architect/President TURNER I RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. I CORPUS CHRISTI, TX 78411 1 TRARCH.COM Page 10 of 10 DocuSign Envelope ID:BC9D1ECA-3E2C-401C-B911-OD5946933EAA 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. If applicable, refer to the contract for information on what to include with time and materials(T&M). Exhibit B Page 1 of 1 DocuSign Envelope ID: BC9D1 ECA-3E2C-401 C-1391 1-OD5946933EAA TURNRAM-01 SCOTT ACC?RL7 CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DD/YYYY) `.� 11/28/2023 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: KHT Insurance PHONE 4521 S Hulen St.,Suite 120 (A/C,No,Ext): (817) 336-2721 (A/c,No):(817) 870-2520 Fort Worth,TX 76109 ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURERA:Arch Insurance Company 11150 INSURED INSURER B: Turner, Ramirez&Associates INSURER 7 3751 S.Alameda Street INSURER D: Corpus Christi,TX 78411 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 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 SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MMIDD/YYYY MMIDD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE ❑ OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP(Any oneperson) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICYEl JO jECT [::] LOC PRODUCTS-COMP/OPAGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE 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 Liabili PAAEP0154600 2/13/2023 2/13/2024 Per Claim 1,000,000 A Professional Liabili PAAEP0154600 2/13/2023 2/13/2024 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project:23177 Far South Police Sub-Station CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ci of Corpus Christi THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City P ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Engineering Services P.O.Box 9277 Corpus Christi,TX 78469-9277 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: BC9D1 ECA-3E2C-401 C-1391 1-OD5946933EAA TURN&RA-01 N CAVAZOS �►co�ro. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) (►� 11/28/2023 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Natalie Cavazos NAME: Carlisle Insurance PHONE FAX 500 N Water#900 (A/C,No,Ext): (361)453437 (A/C,No): Corpus Christi,TX 78401 ADDRESS:ncavazos@acrisure.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Twin City Fire Insurance Company 29459 INSURED INSURER B:Texas Mutual Insurance Company 22945 Turner&Ramirez Architects INSURER C: Turner, Ramirez&Associates Inc. 3751 S Alameda St INSURER D: Corpus Christi,TX 78411 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 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 SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE FArl X OCCUR65SBA106522 5/31/2023 5/31/2024 DAMAGE TO RENTED 1,000,000 X X PREMISES Ea occurrence $ MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY [::]JECTPRO- � LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ ANY AUTO X X 65SBA106522 5/31/2023 5/31/2024 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X AUTOS ONLY X AUUTOS ONLY PROPERTY DAMAGE $ Per accident A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE X 65SBA106522 5/31/2023 5/31/2024 AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 Pr/Co Ops Agg $ 5,000,000 B WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY X STATUTE ER 0002087678 1/3/2023 1/3/2024 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Architects&Architecture Services Form#WC420304B The Workers Compensation policy includes a blanket automatic waiver of subrogation endorsement that provides waiver of subrogation status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. Form#SS0008 0405,The General Liability policy includes a Blanket automatic Additional Insured,Waiver of Subrogation and Primary And Non-Contributory SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ci of Corpus Christi THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City P ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Engineering Services PO Box 9277 Corpus Christi,TX 78469 AUTHORIZED REPRESENTATIVE ,r,,, ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: BC9D1 ECA-3E2C-401 C-B91 1-OD5946933EAA AGENCY CUSTOMER ID:TURN&RA-01 NCAVAZOS LOC#: 1 Al! �� llADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Carlisle Insurance Turner&Ramirez Architects Turner,Ramirez&Associates Inc. POLICY NUMBER 3751 S Alameda St EE PAGE 1 Corpus Christi,TX 78411 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations/Vehicles: endorsement that provides Additional Insured status,Waiver of Subrogation and Primary And Non-Contributory to the Certificate Holder only when there is a written contract between the Named Insured and the Certificate Holder that requires such status. Form#SS1224 0611 The General Liability policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the insured or certificate holder other than for nonpayment of premium,or 10 days notice after the policy is cancelled for nonpayment of premium. Umbrella is follow form Project 23177 Far South Police Sub-Station ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: BC9D1 ECA-3E2C-401 C-1391 1-OD5946933EAA 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: BC9D1 ECA-3E2C-401 C-1391 1-OD5946933EAA 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: Turner Ramirez Architects P.O.BOX: STREET ADDRESS: 3751 S. Alameda St. CITY: Corpus Christi ZIP: 78411 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 N/A Job Title and City Department(if known) 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 N/A Board, Commission or Committee 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 N/A Consultant DocuSign Envelope ID: BC9D1 ECA-3E2C-401 C-1391 1-OD5946933EAA 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: Kira Bonesteel Title: Director of Operations (Type or Print) Signature of Certifying &J-4Date: November 30, 2023 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.