HomeMy WebLinkAboutC2025-019 - 1/14/2025 - Approved Docusign Envelope ID: C99F105E-C3B2-4339-8499-CADFE9AOB3E5
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CONTRACT FOR PROFESSIONAL SERVICES
I852
FOR PROJECT 24130 — Sand Dollar Avenue
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 Halff Associates, 711 N. Carancahua St. Suite 1190, Corpus Christi, Texas
(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 .........................................................................6
ARTICLE VIII TERMINATION OF AGREEMENT ..................................................6
ARTICLE IX RIGHT OF REVIEW AND AUDIT ....................................................7
ARTICLE X OWNER REMEDIES .......................................................................8
ARTICLE XI CONSULTANT REMEDIES.............................................................8
ARTICLE XII CLAIMS AND DISPUTE RESOLUTION ..........................................8
ARTICLE XIII MISCELLANEOUS PROVISIONS .................................................10
EXHIBITS
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ARTICLE I —SCOPE OF SERVICES
1.1 City and Consultant agree that the services provided are properly described in the Scope of Services,
which is incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include
all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any
and all Services that would normally be required by law or common due diligence in accordance with the standard
of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be
performed by Consultant under this Agreement. 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.
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1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local
franchises, electric companies, communication companies, private pipeline companies and V party
owners/operators.
1.8 For project with potential utility conflicts:
1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts.
1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City.
1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project
schedule and budget as defined in Exhibit A, including completing the work in phases defined therein.
1.10 The Consultant agrees to conduct all communication through and perform all project-related functions
utilizing the City's project management system known as e-Builder. This includes all correspondence,
submittals, payment requests and processing, contract amendments and construction phase activities.
ARTICLE II —QUALITY CONTROL
2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews (QCP
Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the
City.
2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy
applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of
the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as
needed.
2.3 Final construction documents that do not meet City standards in effect at the time of the execution of
this Agreement may be rejected. If final construction documents are found not to be in compliance with this
Agreement, Consultant will not be compensated for having to resubmit documents.
ARTICLE III — COMPENSATION
3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of
Services for this Agreement shall not exceed $ 401,865.00.
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.
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3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each
invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time
of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked
on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule
and any reimbursable expenses associated with the work. City will make prompt monthly payments in response
to Consultant's monthly invoices in compliance with the Texas Prompt Payment Act.
3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when
acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates.
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.
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The right to suspend work under this provision does not relieve the City of its obligation to make payments in
accordance with section 3.5 above for services provided up to the date of suspension.
ARTICLE IV—TIME AND PERIOD OF SERVICE
4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date).
4.2 The term of this Agreement will be for a period of six years beginning on the effective date, unless
extended by authority of the City Manager or designee.
4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the
Notice to Proceed from the Contracts and Procurement Department. Work will not begin on any phase or any
Additional Services until requested in writing by the Consultant and written authorization is provided by the
Director of Engineering Services.
4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under
this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance
with the schedules approved by City. The Consultant and City are aware that many factors may affect the
Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify
the City within ten business days of becoming aware of a factor that may affect the Consultant's ability to
complete the services hereunder.
4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not
delay the project.
4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of
the Project, including any extra work and any required extensions thereto, unless terminated as provided for in
this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City
of the construction phase of the Project, i.e., Final Completion.
ARTICLE V—OPINIONS OF COST
5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for
construction of the Project.
5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility
of the City.
5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or
over the contractor's methods of determining prices, or over competitive bidding or market conditions,
Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis
of Consultant's experience and qualifications and represent Consultant's best judgment as a design professional
familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the
construction cost shall not vary from the OPC prepared by Consultant.
ARTICLE VI — INSURANCE REQUIREMENTS
6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained
and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence
work until all similar insurance required of any subcontractor has been obtained.
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6.2 Insurance Requirements are shown in EXHIBIT C.
ARTICLE VII — INDEMNIFICATION
Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials,
officers, agents, employees, excluding the engineer or architect or that person's agent,
employee or subconsultant, over which the City exercises control ("Indemnitee") from and
against any and all claims, damages, liabilities or costs, including reasonable attorney fees and
court costs, to the extent that the damage is caused by or results from an act of negligence,
intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier
committed by Consultant or its agent, Consultant under contract or another entity over which
Consultant exercises control while in the exercise of rights or performance of the duties under
this agreement. This indemnification does not apply to any liability resulting from the negligent
acts or omissions of the City or its employees, to the extent of such negligence.
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.
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8.3 Termination Procedure
8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the
notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period,
Consultant shall immediately begin the phase-out and discontinuance of all services in connection with
the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination,
unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement
showing in detail the services performed under this Agreement prior to the effective date of termination.
City retains the option to grant an extension to the time period for submittal of such statement.
8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement,
including but not limited to specifications, designs, plans and exhibits.
8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why
City may be compelled to withhold fees, Consultant will be compensated for its services based upon a
Time & Materials calculation or Consultant and City's estimate of the proportion of the total services
actually completed at the time of termination. There will be no compensation for anticipated profits on
services not completed.
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.
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ARTICLE X—OWNER REMEDIES
10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to
pursue its actual damages and any other remedy allowed by law. This includes but is not limited to:
10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful
completion of the Project, which includes failure of subconsultants to meet contractual obligations;
10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal
governments, such that subsequent compliance costs exceed expenditures that would have been
involved had services been properly executed by the Consultant.
10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings,
specifications or other documents prepared by the Consultant to the extent that the financial losses are
greater than the City would have originally paid had there not been errors and/or omissions in the
documents.
10.2 When the City incurs non-value added work costs for change orders due to design errors and/or
omissions, the City will send the Consultant a letter that includes:
(1) Summary of facts with supporting documentation;
(2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense;
(3) Calculation of non-value added work costs incurred by the City; and
(4) Deadline for Consultant's response.
10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's
sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of
the revision or the actual number of changes due to the Consultant's errors or omissions.
10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III.
ARTICLE XI — CONSULTANT REMEDIES
11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national
emergency, epidemics, acts of the public enemy, governmental restrictions, laws or regulations or any other
causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount
equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule
should be approved in writing with a documented reason for granting the extension.
11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond
Consultant's reasonable control.
11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as
provided in this Agreement.
ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION
12.1 Filing of Claims
12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events,
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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.
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:
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12.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party
for loss of profits, delay damages or for any special incidental or consequential loss or damage of any
nature arising at any time or from any cause whatsoever;
12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven
wrong for which the other Party is claimed to be responsible.
12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible
for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties
expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this
Agreement.
12.5 In case of litigation between the parties, Consultant and City agree that they have knowingly waived and
do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or
connected to this Agreement, to proceed with a trial before the court, unless both parties subsequently agree
otherwise in writing.
12.6 No Waiver of Governmental Immunity. 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.
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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.
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://prd.tecprd.ethicsefile.com/TECCertint/pages/login/certLogin.jsf. 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/filinginfo/1295/.
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.
13.15 Consultant verifies that it does not boycott Israel and will not boycott Israel during the term of this
Agreement; does not have a practice, policy, guidance or directive that discriminates against a firearm entity or
firearm trade association and will not discriminate against a firearm entity or firearm trade association during the
term of this Agreement; and does not boycott energy companies and will not boycott energy companies during
the term of this Agreement.
Contract for Professional Services
Page 11 of 12
Docusign Envelope ID: C99F105E-C3B2-4339-8499-CADFE9AOB3E5
CITY OF CORPUS CHRISTI HALFF ASSOCIATES
DocuSigned by: DocuSigned by:
2/18/2025 F 2/13/2025
�Bg;4F5�•F(d6•F4 E�... �
Jeff Edmonds, P.E. Date Robert c olz, PE Date
Director of Engineering Services Vice President
711 N. Carancahua St., Suite 1190
Corpus Christi, Texas, 78401
(361) 400-0981 Office
rscholz@halff.com
APPROVED AS TO LEGAL FORM:
LI
cu"�ilSgne''11dby:
ul W� 4 2/18/2025
D�E569•
Assistant City Attorney Date Res. 033553
Authorized By
Council 1/14/2025
ATTEST RH/SB
DocuSigned by:
rt'�Lu Rw,vf o, 2/19/2025
City-17
ecre ary Date
Contract for Professional Services
Page 12 of 12
Docusign Envelope ID: C99F105E-C3B2-4339-8499-CADFE9AOB3E5
' ' haLff
■■■
November 5,2024
Mr.Jeff Edmonds, P.E.
Director of Engineering Services
City of Corpus Christi
1201 Leopard St.
Corpus Christi,Texas 78401
Re: 24130-Sand Dollar Ave (North Padre Island Paper Street)
Proposal for Engineering,Surveying,and Geotechnical Engineering Services—Rev 1
Dear Mr. Edmonds:
Halff is excited to present this proposal for civil engineering,surveying,and geotechnical
engineering services associated with the Sand Dollar Avenue Project in Corpus Christi,Texas. We
understand that this project will develop this "paper roads" into a formal,functioning road.The
approximately 2,100 feet of proposed roadway alignment will include the installation of subsurface
utilities, new pavement section,and accessibility improvements of sidewalk and multi-use
pathways. QL-A SUE services and Right-of-Way Descriptions for Acquisition are not included in this
scope of services and will be added to the project at a later date via Addendum when the need
arises.
Exhibit"A" includes the scope of services and fee summary. We believe this proposal meets your
requirements for this project.We appreciate the opportunity to be of service to the City of Corpus
Christi and trust that our association on this project is mutually beneficial. Please feel free to
contact me if you have any questions concerning this proposal.
Sincerely,
Halff
Evan Montgomery, P.E.
Project Manager
711 N.Carancahua St.,Suite 1190,Corpus Christi,TX 78401 1 halff.com
Docusign Envelope ID: C99F105E-C3B2-4339-8499-CADFE9AOB3E5 Project No.: 24130
Street Name: Sand Dollar Ave(North Padre Island Paper Street)
Limits: Verdemar Dr&SH 361
EXHIBIT"A"
CITY OF CORPUS CHRISTI,TEXAS
I. SCOPE OF SERVICES
A. BASIC SERVICES
1. Preliminary Phase
Halff will:
a) Attend Project Kick-off Meeting and distribute meeting minutes to attendees within five
working days of the meeting.
b) Provide recommended geotechnical investigations general scope and coordinate testing
with City's geotechnical consultant. Proposed boring locations shall be approved bythe City
Project Manager(PM) prior to performing geotechnical investigation.
c) Request and review available reports, record drawings, utility maps and other information
provided by the City pertaining to the project area.
d) Develop preliminary requirements for utility relocations, replacements, or upgrades.
Coordinate with the City's PM and identify Operating Departments' potential Project needs.
e) Develop preliminary typical street sections and pavement sections, incorporating the
Geotechnical Consultant's recommendations on flexible pavement,when the geotechnical
engineering report becomes available. Anticipated roadway section is two ten-foot travel
lanes, curb and gutter,ten-foot-wide golfcart paths on both sides of the roadway, and a five-
foot-wide sidewalk on one side of the roadway.
f) Develop proposed preliminary plan and profile roadway alignment for the length of roadway
along the project limits. Approaches will be designed on Verdemar Dr and SH 361. Traffic
Impact Studies or Signalization design are not included in this scope. TxDOT permitting for
the revised access on SH 361 is addressed in "Additional Services" section of this proposal.
Acceleration/deceleration lanes or roadway design beyond the access limits are not
included in this scope of services.
g) Develop a Drainage Area Map showing the existing and proposed drainage basins served by
the Project storm system. This drainage area map will utilize record data and field
reconnaissance but will not include surveyed data downstream or upstream of the roadway
right-of-way, except where immediately available per the survey performed.
h) Conduct hydrologic and hydraulic analysis to quantifythe storm water design of existing and
proposed systems. Record data and available resources will be reviewed to determine
tailwater conditions based on tidal impacts, storm surge, and anticipated sea level rise.
i) Identify electric and communication utility companies and private pipeline companies that
may have existing facilities and must be relocated to accommodate the proposed
improvements.Submit a list of identified companies to the City.
j) Conduct preliminary analysis of lighting, including existing equipment, above/below ground
electrical service, lighting fixtures, etc. Provide recommendations for improvements or
upgrades. No signalization analysis or improvements are included within this scope of
services.
k) The AE will participate in discussions with the Operating Department, Development Services
and other agencies, such as the Texas Department of Transportation (TXDOT) and Texas
Page 1 of 11 Exhibit A
Docusign Envelope ID: C99F105E-C3B2-4339-8499-CADFE9AOB3E5 Project No.: 24130
Street Name: Sand Dollar Ave(North Padre Island Paper Street)
Limits: Verdemar Dr&SH 361
Commission of Environmental Quality (TCEQ), as required to satisfactorily complete the
Project. Any directions or changes to scope provided by the Operating Department or other
agencies shall be reviewed with the City Engineering Department PM prior to
including/excluding from the scope of work. Changes in scope approved by the City
Engineering Dept will require changes in Halff fees.
l) Prepare an Engineering Letter Report to include:
i. Strip map identifying the existing right-of-way and include any preliminary right-of-way
acquisition requirements that may be needed. Include existing vs. proposed conditions
for pavement and utilities,curb lines, pavement widening, sidewalks/trails,etc. in a plan
and profile view on the strip map.
ii. Provide opinion of probable construction costs.
iii. Provide executive summary for existing conditions vs. proposed conditions discussing
preliminary engineering facts and findings, recommended pavement sections and
roadway cross sections, public and private utility conditions/replacement
recommendations, summary of geotechnical engineering report findings, permitting
requirements, drainage analysis results/recommendations, and illumination
findings/recommendations.
m) Attend design review meetings with the City
Citystaff will provide electronic copies of the following information(as applicable and requested
through the City PM):
a) Electronic index and database of City's Record Drawing and record information.
b) Record Drawings and record information as available from City Engineering files.
c) The preliminary budget from the bond packet, specifying the funds available for
construction.
d) A copy of existing studies and plans (as available from City Engineering files).
Note:Applicable Master Plans and GIS mapping are available on the City's website.The records
provided for Halff's use under this Contract are proprietary, copyrighted, and authorized for use
only by Halff, and only for the intended purpose of this project. Any unauthorized use or
distribution of the records provided under this Contract is strictly prohibited.
2. Design Phase
Upon approval of the preliminary phase, designated by receiving authorization to proceed from
the City Project Manager, Halff will:
a) Provide coordination with the City PM and electric and communication utility companies and
private pipeline companies that may have existing facilities and must be relocated to
accommodate the proposed improvements. Inform private utilityand pipeline owners whose
facilities fall within the project limits of the proposed improvements. Identify areas of
potential conflicts. Coordinate with private utility and pipeline owners to obtain information
on their respective utility/pipeline, up to and including Level A SUE by the private
utility/pipeline owner, as necessary. Coordinate necessary adjustments and provide a
project schedule to utility/pipeline owner. Provide utility/pipeline relocation schedule to the
City and update monthly. Engineer shall coordinate with City PM before communicating with
any franchise utility representatives or other City Operating Departments.
Page 2 of 11 Exhibit A
Docusign Envelope ID: C99F105E-C3B2-4339-8499-CADFE9AOB3E5 Project No.: 24130
Street Name: Sand Dollar Ave(North Padre Island Paper Street)
Limits: Verdemar Dr&SH 361
b) Coordinate with City PM,AEP and CityTraffic Engineering Office to identifythe location of the
electrical service location, fixture type selection, and mounting heights. Photometric
analysis will be performed along the project alignment to develop roadway lighting site plan
with light locations, quantities, illumination levels, conduit pathways, schedules, and pull
box locations.
c) Identifythe approximate locations and areas of existing utilities and pipelines that may have
a significant potential impact on the proposed facilities construction and for which further
investigations utilizing Subsurface Utility Engineering (SUE) may be required. These utilities
will be located with SUE Quality Level (B) as detailed in the "Additional Service" section of
this proposal.
d) Prepare the construction documents in City standard format. Construction plans shall
include improvements or modifications to the street, storm water, water, wastewater, gas,
IT,and lightingsystemswithin the Project limits, perthe Project scope. Include standard City
of Corpus Christi detail sheets and specifications as applicable to the Project.
i. Prepare construction plans in compliance with CPPS
ii. Provide Traffic Control parameters, sequencing, and performance requirements for the
Contractors to develop the construction TCP.
iii. Provide pollution control measures and BMP layout for the Contractor's Storm Water
Pollution Prevention Plan, using the City Standard Notes and BMP Detail Sheets as
applicable.
iv. Include computer model results and calculations used to analyze drainage.
e) Submit plans at 60%, 90%, 100%(Pre-NOA), and 100% phases in compliance with the CPPS
with deliverables as listed on the Corpus Christi Design Submittal Packet Checklist.
f) Attend design review meetings at each phase of plan development identified above.
g) Submit an electronic file public exhibit of the projects with the 60% plan development
submittal.
h) Submit an electronic file and physical display board for public exhibit with the final plan
submittal.
i) Final plans and contract documents will become the shared intellectual property of the City
of Corpus Christi and the Consultant.The City agrees that any modifications of the submitted
final plans (for other uses by the City) will be evidenced on the plans and be signed and
sealed by a professional engineer prior to re-use of modified plans.
j) Provide Quality Assurance/Quality Control (QA/QC) measures to review that all submittals
reflect the percent completion designated and do not necessitate an excessive amount of
revision and correction by City. Additional revisions or design submittals are required (and
within the scope of Consultant's duties under this Contract) if, in the opinion of the City
Engineer or designee, Consultant has not adequately addressed City-provided review
comments or provided submittals in accordance with City standards.
k) Prepare and submit Monthly Status Reports to the Project Manager each month with action
items developed from monthly progress and review meetings. Submit Reportwith Invoice on
E-Builder.
The City staff will:
a) Designate an individual to have responsibility, authority, and control for coordinating
activities for the Project.
Page 3 of 11 Exhibit A
Docusign Envelope ID: C99F105E-C3B2-4339-8499-CADFE9AOB3E5 Project No.: 24130
Street Name: Sand Dollar Ave(North Padre Island Paper Street)
Limits: Verdemar Dr&SH 361
b) Provide the budget for the Project specifying the funds available for the construction
contract.
c) Electrical service and distribution design (including load analysis, service size, conductor
sizing and voltage drop calculations)to be completed by electric service provider per City of
Corpus Christi Street Lighting Design Policy and Guidelines but can be provided upon
request and approval of supplemental agreement.
3. Bid Phase
Halff will:
a) Participate in the pre-bid conference to discuss scope of work and to answer scope
questions.
b) Review questions concerning the bid documents and prepare revisions to the plans,
specifications, and bid form that are necessary.
c) Assist with the evaluation of bids; analyze bids, prepare bid tabulation, and make
recommendation concerning award of the contract.
d) Assist with the review of the Contractor's Statement of Experience and confirm it meets
Contract requirements.
e) For bids over budget, Halff will confer with City staff and, if necessary, make such revisions
to the bid documents as the City staff deems necessary to re-advertise the Project for bids.
If bids are over budget through no fault of Halff, revisions of the bid documents will require
an amendment to the contract.
The City staff will:
a) Advertise the Project forbidding, maintain the list of prospective bidders,issue any addenda,
prepare bid tabulation, and conduct the bid opening.
4. Construction Administration Phase
Halff will perform contract administration to include the following:
a) Participate in pre-construction meeting conference and, if requested by City, provide a
recommended agenda for critical construction activities and elements impacting the
project.
b) Review Contractor submittals and operating and maintenance manuals for conformance to
Contract Documents.
c) If requested by the City, review and interpret field and laboratory tests.
d) Provide interpretations and clarifications of the Contract Documents for the Contractor and
authorize required changes,which do not affect the Contractor's price and are not contrary
to the general interest of the City under the Contract as requested by the Owner's Authorized
Representative (OAR).
e) If requested by the City, make visits to the site of the Project to confer with the City Project
Inspector and Contractor to observe the general progress and quality of work, and to
determine, in general, if the work is being done in accordance with the Contract Documents.
This will not be confused with the project representative observation or continuous
monitoring of the progress of construction.
Page 4 of 11 Exhibit A
Docusign Envelope ID: C99F105E-C3B2-4339-8499-CADFE9AOB3E5 Project No.: 24130
Street Name: Sand Dollar Ave(North Padre Island Paper Street)
Limits: Verdemar Dr&SH 361
f) Provide interpretations and clarifications of the plans and specifications for the Contractor
and recommendations to the City for minor changes which do not affect the Contractor's
price and are not contrary to the general interest of the City under the Contract as requested
by the OAR.
g) Attend final inspection with City staff, provide punch list items to the City's Construction
Engineers for Contractor completion, and provide the City with a Certificate of Completion
for the Project upon successful completion of the Project.
h) Review Contractor-provided construction "red-line" drawings. Prepare Project Record
Drawings and provide a reproducible set and electronic file (both PDF and AutoCAD r.14 or
later)within one(1) month of receiving the Contractor's red-line drawings.All drawings shall
be CADD drawn using dwg format in AutoCAD, and graphics data will be in .dxf format.
Attribute data will be provided in ASCII format in tabular form. All electronic data will be
compatible with the City GIS system. The Record Drawings should incorporate the
Contractor's red-lines and identifyall changes made during construction.The Drawing Cover
and each sheet should be clearly identified as the Record Drawing and should indicate the
basis and date.
i) When requested by the OAR,assist in addressing Request for Information(RFI)submitted by
the Contractor.
The City staff will:
a) Prepare applications/estimates for payments to Contractor.
b) Perform Owner's inspection and acceptance of construction operations.
B. ADDITIONAL SERVICES
This section defines the scope of additional services that may only be included as part of this
contract if authorized by the Director of Engineering Services. Halff may not begin work on any
services under this section without specific written authorization by the Director of Engineering
Services. Fees for Additional Services are an allowance for potential services to be provided and will
be negotiated by the Director of Engineering Services as required. Halff shall, with written
authorization by the Director of Engineering Services, perform the following:
1. Permit Preparation
a) Texas Department of Licensing and Regulation (TDLR)—Accessibility Review
I. Register the project with the TDLR and pay associated fee.
II. Provide copy of Contract Documents along with appropriate fee to TDLR and/or
Registered Accessibility Specialist (RAS) for review and approval of accessibility
requirements for pedestrian improvements by a RAS.
III. Coordinate RAS inspection services at the end of construction and pay associated fee.
b) Texas Department of Transportation—Access Permit
I. Assemble package of proposed work, proposed construction traffic control and submit
to TxDOT for Access Permit.
II. Additional coordination with TxDOT on upcoming TxDOT project planned along SH-
361.
Page 5 of 11 Exhibit A
Docusign Envelope ID: C99F105E-C3B2-4339-8499-CADFE9AOB3E5 Project No.: 24130
Street Name: Sand Dollar Ave(North Padre Island Paper Street)
Limits: Verdemar Dr&SH 361
2. Topographic and Right-of-Way(ROW)Survey
a) Halff will perform a Boundary Survey of the subject tracts which will include the following
tasks:
I. Includes research performed by the surveyor and anon the ground field survey.
II. Includes record property ownership and boundary information.
III. Provide a Civil 3D cad file.
b) Halff will perform Topographic and Tree Survey including the following tasks:
I. Aerial or mobile LiDAR and conventional survey methods may be used for data
collection.
II. Establish a minimum of two benchmarks.
III. Obtain break lines and spot elevations sufficient for 1-foot contour intervals.
IV. Obtain line and grade on handicap ramps, crosswalks, and sidewalks.
V. Locate above ground visible improvements.
VI. File a TX811 locate request to mark underground utilities.
VII. Locate visible above-ground utility locations, either found by our surveyors or located
for us by utility companies and/or other agencies.
VIII. Provide spot elevations at center point of manhole covers and access vaults.
IX. Provide invert elevation of manhole and elevation of pipe flowlines(if possible).
X. Provide location, pipe size, (if possible) and invert elevation of existing storm drain
structures.
XI. Process field collected data for field survey.
XI I. Perform quality control for survey requirements.
XIII. Prepare base map illustrating data collected above.
XIV. Extract spot elevations and break lines into DTM.
XV. Extract and prepare triangulated irregular network into DTM.
XVI. Load 1-foot contour information.
XVII. Provide a Civil 3D cadd file.
XVIII. This scope does not include return trips for damaged control points, research outside
the original scope, or changes made to survey scope
3. ROW/Easement Acquisition Survey and Parcel Descriptions
Not included in this contract at this time.Additional scope and fee can be provided as more
project information becomes available.
4. Environmental Issues
Based on Project location and proximity to coastal areas and historically sensitive sites, the
following environmental services may be necessary.
a) Waters of the United States Delineation (WOTUS)
Halff will:
Page 6 of 11 Exhibit A
Docusign Envelope ID: C99F105E-C3B2-4339-8499-CADFE9AOB3E5 Project No.: 24130
Street Name: Sand Dollar Ave(North Padre Island Paper Street)
Limits: Verdemar Dr&SH 361
I. Conduct a delineation of potential WOTUS (commonly referred to as a wetland
delineation) following the technical standards and procedures described in the 1987
USACE Wetland Delineation Manual and the 2010 Atlantic and Gulf Coastal Plain
Regional Supplement(Version 2.0).
II. Identify non-wetland waterbodies (i.e., rivers, streams, channels, ponds) by the
presence of an ordinary high water mark (OHWM), and, if necessary, identify the high
tide line limits associated with the project area.
III. Geographically reference all wetlands, waterbodies, and data points in .kmz or .shp
format.
IV. Prepare a wetland delineation report summarizing the delineation of waterbodies and
wetlands within the proposed project corridor. The size and/or length and type of all
delineated waters will be included in the report. The report will also include general
descriptions of the project and survey area, methods employed, and vegetation
communities encountered. Maps, data sheets, and photographs will be included as
appendices. Furthermore,the report will provide a detailed discussion of the probable
jurisdictional status of the wetlands within the property. This report will provide
sufficient information to devise a permitting approach for the property, if necessary.
b) Threatened and Endangered Species
I. Review the current lists of threatened and endangered species for Nueces County
reported by Texas Parks and Wildlife Department (TPWD) and U.S. Fish and Wildlife
Service (USFWS), and conduct qualitative comparisons of the habitat requirements of
the listed species with vegetation communities and landscape features observed in
the survey area.
II. Prepare a threatened and endangered species report summarizing the listed species
considered, habitat requirements of these species, an evaluation of their potential to
occur in the surveyed corridor, and an evaluation of potential effects that may result
from the construction of the proposed project. Maps will be included to support the
field survey findings as appendices.
c) Cultural Resources Background Review
I. Because the project is being developed bythe City,a political sub-entity of the State of
Texas, it falls under purview of the Antiquities Code of Texas(Title 9,Chapter 191 of the
Texas Natural Resources Code),which requires that the Texas Historical Commission
(THC) reviewactions that have the potentialto impact archeological historic properties
within the public domain. In addition, the project may require authorization pursuant
to Section 404 of the Clean Water Act, which is considered a federal action requiring
compliance with Section 106 of the National Historic Preservation Act (Section 106).
Halff archeologists will perform the following task described below to enable the City
to comply with the Antiquities Code of Texas (ACT) and Section 106 for the proposed
project.
II. Halff will perform a desktop review of the Texas Archeological Sites Atlas to determine
whether any archeological historic properties eligible for listing on the National
Register of Historic Places(NRHP)ordesignation as a State Antiquities Landmark(SAL)
are documented within or adjacent to the project's Area of Potential Effect (APE).
Background research will also include a review of local soil, geologic and predictive
modeling data to evaluate the potential for buried archeological deposits as it pertains
to the horizontal and vertical footprint of the APE. Historic topographic maps, historic
Page 7 of 11 Exhibit A
Docusign Envelope ID: C99F105E-C3B2-4339-8499-CADFE9AOB3E5 Project No.: 24130
Street Name: Sand Dollar Ave(North Padre Island Paper Street)
Limits: Verdemar Dr&SH 361
aerial photographs and other relevant historic data will be reviewed to identify any
potential above-ground historic structures within or adjacent to the project area.
III. The results of the desktop reviewwill be submitted for review bythe THC in compliance
with Section 106 and the ACT. The desktop review will provide recommendations
regarding the project's potential to impact archeological historic properties. Any
additional tasks beyond the above-described (e.g., cultural resources field surveys)
would be scoped as additional services per state and federal guidelines.
d) Nationwide Permit Pre-construction Notification
I. Assuming the project design comports with the requirements a nationwide permit
(NWP) and there are impacts to WOTUS, Halff will develop any necessary pre-
construction notification (PCN)for the project. Based on the planned work, it appears
that these roads would be eligible for permitting under NWP — Linear Transportation
Projects, if necessary. Activities that do not qualify for authorization under the
nationwide permit program may qualify for authorization under an individual permit;
however, this task assumes that a NWP 14 with a single PCN will be submitted for the
project.
II. This task will include preparation and submittal of all permit components including:
1. Name, address, and telephone numbers of the prospective permittee,
2. Location of the proposed project,
3. A description of the proposed project
4. The purpose of the proposed projects
5. Direct and indirect adverse environmental effects the projects would cause
6. The anticipated amount of loss of waters of the United States expected to result
from the activity, in acreage, linear feet, or other appropriate unit of measure,
7. Delineation of waters of the United States,
8. Threatened and endangered species assessment,
9. Cultural resources assessment; and,
10. Compensatory mitigation plan.
III. Once Halff develops the PCN documents, Halff will submit the verification request to
USACE for their review and will coordinate with USACE, as needed. Typical timelines
for NWP verification are less than 90 days, assuming USACE considers the PCN
complete.
e) Phase I Environmental Site Assessment
I. Perform a Phase I Environmental Site Assessment (ESA) for the tracts of land
associated with the project area. A site reconnaissance will be performed; regulatory
databases and historical references will be ordered; open records requests will be
submitted; and an ESA report identifying potential recognized environmental
conditions associated with the subject property will be prepared. Data gaps will be
identified in the report and an opinion will be provided whether those data gaps
affected the environmental professional's ability to identify recognized environmental
conditions on the property.
II. It has been assumed that the userwill provide information regarding the environmental
cleanup liens, activity use limitations (AULs), specialized knowledge, the purchase
Page 8 of 11 Exhibit A
Docusign Envelope ID: C99F105E-C3B2-4339-8499-CADFE9AOB3E5 Project No.: 24130
Street Name: Sand Dollar Ave(North Padre Island Paper Street)
Limits: Verdemar Dr&SH 361
price compared to the fair market value of the property, an assessment of commonly
known or reasonably ascertainable information about the property, and/or indications
of the presence or likely presence of contamination on the property. Reasonably
ascertainable regulatory files include records which can be obtained within 20 days of
being requested at a cost of$100 or less. File retrieval costs that exceed $100 will be
billed in addition to the proposed fee.
III. The Phase I will be conducted by our staff and is estimated to require approximately
fourweeks to complete the written report.The proposed schedule is based on provided
access to the tracts. Recommendations based upon the findings may be included in
the ESA report, at the City's request.
5. Public Involvement
Not applicable this Contract.
6. Subsurface Utility Engineering(SUE)
Halff will perform SUE QL-D, C, &B for the length of the project. In QL-B, Halff will designate the
approximate horizontal position of conductive/toneable utilities within the project limits using
geophysical prospecting equipment and mark using paint and/or pin flags.An anticipated 7,000
linear feet of existing utilities will be designated. Designation of irrigation lines, HDPE lines,
gathering lines, asbestos concrete and/or pvc lines, as well as pvc lines without tracer wire or
access are not part of this Scope of Services.
The number of QL-A testholes required to complete the design is unknown at this time. Due to
this, performance of SUE QL-A is not included in this Scope. During the preliminary design and
after SUE QL-B information is available, the number, location, and utility type of SUE QL-A
testholes necessary for design will be determined. This information will be presented in an
exhibit to the City.The intent is for SUE QL-A to be completed through independent MSAs.
7. Construction Observation Services
Not applicable this Contract.
8. Warranty Phase
Provide a maintenance guaranty inspection toward the end of the one-year period after
acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix,
restore, patch, or replace improvement under the maintenance guaranty terms of the contract.
Document the condition and prepare a report for the City staff of the locations and conditions
requiring action, with its recommendation for the method or action to best correct defective
conditions and submit to City Staff. Complete the inspection and prepare the report no later
than sixty(60)days prior to the end of the maintenance guaranty period.
9. Televising Utility Lines.
Not applicable to this Contract.
10. Geotechnical Engineering Report
Provide a geotechnical engineering study and report signed and sealed by a Texas Licensed
Professional Engineer to recommend pavement and illumination pole foundation options for the
project. Sufficient borings shall be provided to complywith City's updated Infrastructure Design
Manual, effective December 12, 2022. An electronic copy of the final geotechnical engineering
report shall be provided to the City. Geotechnical Engineering fee will be invoiced to the City as
a reimbursable expense with a 10% markup on total fee.
Page 9 of 11 Exhibit A
Docusign Envelope ID: C99F105E-C3B2-4339-8499-CADFE9AOB3E5 Project No.: 24130
Street Name: Sand Dollar Ave(North Padre Island Paper Street)
Limits: Verdemar Dr&SH 361
II. SCHEDULE
Halff shall adhere to the original Project Schedule and in the event that an activity is not met and the
schedule changes a revised schedule shall be submitted along with a justification explanation for the
schedule change with the next month's Monthly Status Report. This schedule is shown to occur
concurrently with the Crowsnest(Project#24134)design phase.
Original Date Revised Date Activity
TBD NTP
14 weeks from NTP Draft ELR submittal
3 weeks 30%City Review
3 weeks from 30%City Review Final ELR submittal
12 weeks from Final ELR Submittal 60% Design Submittal
3 weeks City Review
12 weeks from 60%City Review 90% Design Submittal
3 weeks City Review
4 weeks from 90%City Review 100% Pre-NOA Submittal
2 weeks from Pre-NOA Submittal City Review
2 weeks from 100% Pre-NOA City Review Final Sealed Bid Package
3 weeks from Final Sealed Bid Package Advertise for Bids
2 weeks from Advertise for Bids Pre-Bid Conference
2 weeks from Pre-Bid Conference Receive Bids
3 months from Receive Bids Contract Award
1 month from Contract Award Begin Construction
12 months from Begin Construction Complete Construction
III. FEES
A. Fee for Basic Services.
The City will pay Halff a fixed fee for providing all "Basic Services" authorized as shown in the
Summary of Fees table. The fees for Basic Services will not exceed those identified and will be full
and total compensation for all services outlined in Section I.A.1-4, and for all expenses incurred in
performing these services. The fee for this project is subject to the availability of funds. The
Engineer may be directed to suspend work pending receipt and appropriation of funds. For
services provided, Halff will submit monthly statements for services rendered.The statementwill be
based upon Halff's estimate (and with City's concurrence) of the proportion of the total services
completed at the time of billing.The Citywill make prompt monthly payments in response to Halff's
monthly statements.
B. Fee for Additional Services.
For services authorized by the Director of Engineering Services under Section I.B. "Additional
Services",the City will pay Halff a not-to-exceed fee as shown in the Summary of Fees table.
Page 10 of 11 Exhibit A
Docusign Envelope ID: C99F105E-C3B2-4339-8499-CADFE9AOB3E5
Project No.: 24130
Street Name: Sand Dollar Ave
(North Padre Island Paper Streets)
Limits: Verdemar Dr& SH 361
Summary of Fees
Basic Services Fees Total
1. Preliminary Phase $59,458.00
2. Design Phase $199,232.00
3. Bid Phase $10,840.00
4. Construction Administration Phase $34,259.00
Subtotal Basic Services Fees $303,789.00
Additional Services Fees(Allowance)
1. Permit Preparation* $16,950.00
2.Topographic and ROW Survey* $37,081.00
3. ROW/Easement Acquisition Survey and Parcel Descriptions
4. Environmental Issues* $13,230.00
5. Public Involvement
6. Subsurface Utility Engineering(Level B)* $21,349.00
7. Construction Observation Services
8.Warranty Phase $3,626.00
9.Televising Utility Lines
10. Geotechnical Engineering Report* $5,840.00
Subtotal Additional Services Fees $94,450.00
Total Fee $401,865.00
*Additional Services authorized in coordination with the notice to proceed for Basic Services.
Page 11 of 11 Exhibit A
Docusign Envelope ID:C99F105E-C3B2-4339-8499-CADFE9AOB3E5
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 TBIDI TBDI TBIDI TBD TBIDI TBIDI 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
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EXHIBIT C
Insurance Requirements
Pre-Design, Design and General Consulting Contracts
1.1 Consultant must not commence work under this agreement until all required
insurance has been obtained and such insurance has been approved by the City.
Consultant must not allow any subcontractor to commence work until all similar
insurance required of any subcontractor has been obtained.
1.2 Consultant must furnish to the Director of Engineering Services with the signed
agreement a copy of Certificates of Insurance (COI) with applicable policy
endorsements showing the following minimum coverage by an insurance company(s)
acceptable to the City's Risk Manager. A waiver of subrogation is required on all
applicable policies. Endorsements must be provided with COI. Project name and
or number must be listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, Bodily Injury and Property Damage
required on all certificates or by Per occurrence - aggregate
applicable policy endorsements
PROFESSIONAL LIABILITY $1,000,000 Per Claim
(Errors and Omissions)
If claims made policy, retro date must
be prior to inception of agreement,
have 3-year reporting period provisions
or be maintained for 3 years after
project completion.
1.3 In the event of accidents of any kind related to this agreement, Consultant must
furnish the City with copies of all reports of any accidents within 10 days of the accident.
1.4 Consultant shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Consultant's sole expense, insurance coverage
written on an occurrence basis, with the exception of professional liability, which may be
on a per claims made basis, by companies authorized and admitted to do business in
the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is
required to provide City with renewal Certificates.
1 Rev 12/20
Docusign Envelope ID: C99F105E-C3B2-4339-8499-CADFE9AOB3E5
1 .5 Consultant is required to submit a copy of the replacement certificate of
insurance to City at the address provided below within 10 days of the requested
change. Consultant shall pay any costs incurred resulting from said changes. All notices
under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Engineering Services
P.O. Box 9277
Corpus Christi, TX 78469-9277
1.6 Consultant agrees that with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following required
provisions:
1.6.1 Provide thirty (30) calendar days advance written notice directly to City of
any suspension, cancellation or non-renewal of coverage, and not less
than ten (10) calendar days advance written notice for nonpayment of
premium.
1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of
coverage, Consultant shall provide a replacement Certificate of Insurance and
applicable endorsements to City. City shall have the option to suspend Consultant's
performance should there be a lapse in coverage at any time during this contract.
Failure to provide and to maintain the required insurance shall constitute a material
breach of this contract.
1.8 In addition to any other remedies the City may have upon Consultant's failure to
provide and maintain any insurance or policy endorsements to the extent and within the
time herein required, the City shall have the right to order Consultant to remove the
exhibit hereunder, and/or withhold any payment(s) if any, which become due to
Consultant hereunder until Consultant demonstrates compliance with the requirements
hereof.
1 .9 Nothing herein contained shall be construed as limiting in any way the extent to
which Consultant may be held responsible for payments of damages to persons or
property resulting from Consultant's or its subcontractor's performance of the work
covered under this agreement.
1 .10 It is agreed that Consultant's insurance shall be deemed primary and non-
contributory with respect to any insurance or self-insurance carried by the City of
Corpus Christi for liability arising out of operations under this agreement.
1.11 It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
2 Rev 12/20
Docusign Envelope ID: C99F105E-C3B2-4339-8499-CADFE9AOB3E5
City of CITY OF CORPUS CHRISTI
Corpus
Christi DISCLOSURE OF INTEREST
Corpus Christi Code § 2-349, 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 next page for Filing Requirements, Certification
and Definitions.
COMPANY NAME: Halff Associates, Inc.
STREET ADDRESS: 711 N. Carancahua St., Suite 1190 P.O. BOX:
CITY: Corpus Christi STATE: TX ZIP: 78401
FIRM IS: 1. Corporation IN 2. Partnership ❑ 3. Sole Owner ❑
4. Association ❑ 5. Other ❑
If additional space is necessary, please use the reverse side 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 NSA 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 NSA Title
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 NSA 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 NSA Consultant
Docusign Envelope ID: C99F105E-C3B2-4339-8499-CADFE9AOB3E5
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: Robert W. Scholz Title: Vice President
Signature of Date:
Certifying Person: Q11 � 44—, 01/14/2025
DEFINITIONS
a. "Board member." A member of any board, commission, or committee of the city, including the board
of any corporation created by the city.
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, whether under civil service or not, including part-time
employees and employees of any corporation created by the city.
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.
Docusign Envelope ID: C99F105E-C3B2-4339-8499-CADFE9AOB3E5
SC
GO �
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O
H SERVICE AGREEMENT NO. 6381
�^'�anvoRpSea
CONTRACT FOR PROFESSIONAL SERVICES
I852
FOR PROJECT 24130 — Sand Dollar Avenue
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 Halff Associates, 711 N. Carancahua St. Suite 1190, Corpus Christi, Texas
(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 .........................................................................6
ARTICLE VIII TERMINATION OF AGREEMENT ..................................................6
ARTICLE IX RIGHT OF REVIEW AND AUDIT ....................................................7
ARTICLE X OWNER REMEDIES .......................................................................8
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
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ARTICLE I —SCOPE OF SERVICES
1.1 City and Consultant agree that the services provided are properly described in the Scope of Services,
which is incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include
all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any
and all Services that would normally be required by law or common due diligence in accordance with the standard
of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be
performed by Consultant under this Agreement. 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
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1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local
franchises, electric companies, communication companies, private pipeline companies and V party
owners/operators.
1.8 For project with potential utility conflicts:
1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts.
1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City.
1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project
schedule and budget as defined in Exhibit A, including completing the work in phases defined therein.
1.10 The Consultant agrees to conduct all communication through and perform all project-related functions
utilizing the City's project management system known as e-Builder. This includes all correspondence,
submittals, payment requests and processing, contract amendments and construction phase activities.
ARTICLE II —QUALITY CONTROL
2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews (QCP
Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the
City.
2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy
applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of
the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as
needed.
2.3 Final construction documents that do not meet City standards in effect at the time of the execution of
this Agreement may be rejected. If final construction documents are found not to be in compliance with this
Agreement, Consultant will not be compensated for having to resubmit documents.
ARTICLE III — COMPENSATION
3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of
Services for this Agreement shall not exceed $ 401,865.00.
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.
Contract for Professional Services
Page 3 of 12
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3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each
invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time
of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked
on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule
and any reimbursable expenses associated with the work. City will make prompt monthly payments in response
to Consultant's monthly invoices in compliance with the Texas Prompt Payment Act.
3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when
acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates.
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.
Contract for Professional Services
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The right to suspend work under this provision does not relieve the City of its obligation to make payments in
accordance with section 3.5 above for services provided up to the date of suspension.
ARTICLE IV—TIME AND PERIOD OF SERVICE
4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date).
4.2 The term of this Agreement will be for a period of six years beginning on the effective date, unless
extended by authority of the City Manager or designee.
4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the
Notice to Proceed from the Contracts and Procurement Department. Work will not begin on any phase or any
Additional Services until requested in writing by the Consultant and written authorization is provided by the
Director of Engineering Services.
4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under
this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance
with the schedules approved by City. The Consultant and City are aware that many factors may affect the
Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify
the City within ten business days of becoming aware of a factor that may affect the Consultant's ability to
complete the services hereunder.
4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not
delay the project.
4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of
the Project, including any extra work and any required extensions thereto, unless terminated as provided for in
this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City
of the construction phase of the Project, i.e., Final Completion.
ARTICLE V—OPINIONS OF COST
5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for
construction of the Project.
5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility
of the City.
5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or
over the contractor's methods of determining prices, or over competitive bidding or market conditions,
Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis
of Consultant's experience and qualifications and represent Consultant's best judgment as a design professional
familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the
construction cost shall not vary from the OPC prepared by Consultant.
ARTICLE VI — INSURANCE REQUIREMENTS
6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained
and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence
work until all similar insurance required of any subcontractor has been obtained.
Contract for Professional Services
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6.2 Insurance Requirements are shown in EXHIBIT C.
ARTICLE VII — INDEMNIFICATION
Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials,
officers, agents, employees, excluding the engineer or architect or that person's agent,
employee or subconsultant, over which the City exercises control ("Indemnitee") from and
against any and all claims, damages, liabilities or costs, including reasonable attorney fees and
court costs, to the extent that the damage is caused by or results from an act of negligence,
intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier
committed by Consultant or its agent, Consultant under contract or another entity over which
Consultant exercises control while in the exercise of rights or performance of the duties under
this agreement. This indemnification does not apply to any liability resulting from the negligent
acts or omissions of the City or its employees, to the extent of such negligence.
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.
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8.3 Termination Procedure
8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the
notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period,
Consultant shall immediately begin the phase-out and discontinuance of all services in connection with
the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination,
unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement
showing in detail the services performed under this Agreement prior to the effective date of termination.
City retains the option to grant an extension to the time period for submittal of such statement.
8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement,
including but not limited to specifications, designs, plans and exhibits.
8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why
City may be compelled to withhold fees, Consultant will be compensated for its services based upon a
Time & Materials calculation or Consultant and City's estimate of the proportion of the total services
actually completed at the time of termination. There will be no compensation for anticipated profits on
services not completed.
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.
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ARTICLE X—OWNER REMEDIES
10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to
pursue its actual damages and any other remedy allowed by law. This includes but is not limited to:
10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful
completion of the Project, which includes failure of subconsultants to meet contractual obligations;
10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal
governments, such that subsequent compliance costs exceed expenditures that would have been
involved had services been properly executed by the Consultant.
10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings,
specifications or other documents prepared by the Consultant to the extent that the financial losses are
greater than the City would have originally paid had there not been errors and/or omissions in the
documents.
10.2 When the City incurs non-value added work costs for change orders due to design errors and/or
omissions, the City will send the Consultant a letter that includes:
(1) Summary of facts with supporting documentation;
(2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense;
(3) Calculation of non-value added work costs incurred by the City; and
(4) Deadline for Consultant's response.
10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's
sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of
the revision or the actual number of changes due to the Consultant's errors or omissions.
10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III.
ARTICLE XI — CONSULTANT REMEDIES
11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national
emergency, epidemics, acts of the public enemy, governmental restrictions, laws or regulations or any other
causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount
equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule
should be approved in writing with a documented reason for granting the extension.
11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond
Consultant's reasonable control.
11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as
provided in this Agreement.
ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION
12.1 Filing of Claims
12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events,
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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.
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:
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12.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party
for loss of profits, delay damages or for any special incidental or consequential loss or damage of any
nature arising at any time or from any cause whatsoever;
12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven
wrong for which the other Party is claimed to be responsible.
12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible
for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties
expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this
Agreement.
12.5 In case of litigation between the parties, Consultant and City agree that they have knowingly waived and
do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or
connected to this Agreement, to proceed with a trial before the court, unless both parties subsequently agree
otherwise in writing.
12.6 No Waiver of Governmental Immunity. 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.
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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.
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://prd.tecprd.ethicsefile.com/TECCertint/pages/login/certLogin.jsf. 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/filinginfo/1295/.
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.
13.15 Consultant verifies that it does not boycott Israel and will not boycott Israel during the term of this
Agreement; does not have a practice, policy, guidance or directive that discriminates against a firearm entity or
firearm trade association and will not discriminate against a firearm entity or firearm trade association during the
term of this Agreement; and does not boycott energy companies and will not boycott energy companies during
the term of this Agreement.
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Docusign Envelope ID: C99F105E-C3B2-4339-8499-CADFE9AOB3E5
CITY OF CORPUS CHRISTI HALFF ASSOCIATES
DocuSigned by: DocuSigned by:
2/18/2025 F 2/13/2025
�Bg;4F5�•F(d6•F4 E�... �
Jeff Edmonds, P.E. Date Robert c olz, PE Date
Director of Engineering Services Vice President
711 N. Carancahua St., Suite 1190
Corpus Christi, Texas, 78401
(361) 400-0981 Office
rscholz@halff.com
APPROVED AS TO LEGAL FORM:
LI
cu"�ilSgne''11dby:
ul W� 4 2/18/2025
D�E569•
Assistant City Attorney Date Res. 033553
Authorized By
Council 1/14/2025
ATTEST RH/SB
DocuSigned by:
rt'�Lu Rw,vf o, 2/19/2025
City-17
ecre ary Date
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Docusign Envelope ID: C99F105E-C3B2-4339-8499-CADFE9AOB3E5
' ' haLff
■■■
November 5,2024
Mr.Jeff Edmonds, P.E.
Director of Engineering Services
City of Corpus Christi
1201 Leopard St.
Corpus Christi,Texas 78401
Re: 24130-Sand Dollar Ave (North Padre Island Paper Street)
Proposal for Engineering,Surveying,and Geotechnical Engineering Services—Rev 1
Dear Mr. Edmonds:
Halff is excited to present this proposal for civil engineering,surveying,and geotechnical
engineering services associated with the Sand Dollar Avenue Project in Corpus Christi,Texas. We
understand that this project will develop this "paper roads" into a formal,functioning road.The
approximately 2,100 feet of proposed roadway alignment will include the installation of subsurface
utilities, new pavement section,and accessibility improvements of sidewalk and multi-use
pathways. QL-A SUE services and Right-of-Way Descriptions for Acquisition are not included in this
scope of services and will be added to the project at a later date via Addendum when the need
arises.
Exhibit"A" includes the scope of services and fee summary. We believe this proposal meets your
requirements for this project.We appreciate the opportunity to be of service to the City of Corpus
Christi and trust that our association on this project is mutually beneficial. Please feel free to
contact me if you have any questions concerning this proposal.
Sincerely,
Halff
Evan Montgomery, P.E.
Project Manager
711 N.Carancahua St.,Suite 1190,Corpus Christi,TX 78401 1 halff.com
Docusign Envelope ID: C99F105E-C3B2-4339-8499-CADFE9AOB3E5 Project No.: 24130
Street Name: Sand Dollar Ave(North Padre Island Paper Street)
Limits: Verdemar Dr&SH 361
EXHIBIT"A"
CITY OF CORPUS CHRISTI,TEXAS
I. SCOPE OF SERVICES
A. BASIC SERVICES
1. Preliminary Phase
Halff will:
a) Attend Project Kick-off Meeting and distribute meeting minutes to attendees within five
working days of the meeting.
b) Provide recommended geotechnical investigations general scope and coordinate testing
with City's geotechnical consultant. Proposed boring locations shall be approved bythe City
Project Manager(PM) prior to performing geotechnical investigation.
c) Request and review available reports, record drawings, utility maps and other information
provided by the City pertaining to the project area.
d) Develop preliminary requirements for utility relocations, replacements, or upgrades.
Coordinate with the City's PM and identify Operating Departments' potential Project needs.
e) Develop preliminary typical street sections and pavement sections, incorporating the
Geotechnical Consultant's recommendations on flexible pavement,when the geotechnical
engineering report becomes available. Anticipated roadway section is two ten-foot travel
lanes, curb and gutter,ten-foot-wide golfcart paths on both sides of the roadway, and a five-
foot-wide sidewalk on one side of the roadway.
f) Develop proposed preliminary plan and profile roadway alignment for the length of roadway
along the project limits. Approaches will be designed on Verdemar Dr and SH 361. Traffic
Impact Studies or Signalization design are not included in this scope. TxDOT permitting for
the revised access on SH 361 is addressed in "Additional Services" section of this proposal.
Acceleration/deceleration lanes or roadway design beyond the access limits are not
included in this scope of services.
g) Develop a Drainage Area Map showing the existing and proposed drainage basins served by
the Project storm system. This drainage area map will utilize record data and field
reconnaissance but will not include surveyed data downstream or upstream of the roadway
right-of-way, except where immediately available per the survey performed.
h) Conduct hydrologic and hydraulic analysis to quantifythe storm water design of existing and
proposed systems. Record data and available resources will be reviewed to determine
tailwater conditions based on tidal impacts, storm surge, and anticipated sea level rise.
i) Identify electric and communication utility companies and private pipeline companies that
may have existing facilities and must be relocated to accommodate the proposed
improvements.Submit a list of identified companies to the City.
j) Conduct preliminary analysis of lighting, including existing equipment, above/below ground
electrical service, lighting fixtures, etc. Provide recommendations for improvements or
upgrades. No signalization analysis or improvements are included within this scope of
services.
k) The AE will participate in discussions with the Operating Department, Development Services
and other agencies, such as the Texas Department of Transportation (TXDOT) and Texas
Page 1 of 11 Exhibit A
Docusign Envelope ID: C99F105E-C3B2-4339-8499-CADFE9AOB3E5 Project No.: 24130
Street Name: Sand Dollar Ave(North Padre Island Paper Street)
Limits: Verdemar Dr&SH 361
Commission of Environmental Quality (TCEQ), as required to satisfactorily complete the
Project. Any directions or changes to scope provided by the Operating Department or other
agencies shall be reviewed with the City Engineering Department PM prior to
including/excluding from the scope of work. Changes in scope approved by the City
Engineering Dept will require changes in Halff fees.
l) Prepare an Engineering Letter Report to include:
i. Strip map identifying the existing right-of-way and include any preliminary right-of-way
acquisition requirements that may be needed. Include existing vs. proposed conditions
for pavement and utilities,curb lines, pavement widening, sidewalks/trails,etc. in a plan
and profile view on the strip map.
ii. Provide opinion of probable construction costs.
iii. Provide executive summary for existing conditions vs. proposed conditions discussing
preliminary engineering facts and findings, recommended pavement sections and
roadway cross sections, public and private utility conditions/replacement
recommendations, summary of geotechnical engineering report findings, permitting
requirements, drainage analysis results/recommendations, and illumination
findings/recommendations.
m) Attend design review meetings with the City
Citystaff will provide electronic copies of the following information(as applicable and requested
through the City PM):
a) Electronic index and database of City's Record Drawing and record information.
b) Record Drawings and record information as available from City Engineering files.
c) The preliminary budget from the bond packet, specifying the funds available for
construction.
d) A copy of existing studies and plans (as available from City Engineering files).
Note:Applicable Master Plans and GIS mapping are available on the City's website.The records
provided for Halff's use under this Contract are proprietary, copyrighted, and authorized for use
only by Halff, and only for the intended purpose of this project. Any unauthorized use or
distribution of the records provided under this Contract is strictly prohibited.
2. Design Phase
Upon approval of the preliminary phase, designated by receiving authorization to proceed from
the City Project Manager, Halff will:
a) Provide coordination with the City PM and electric and communication utility companies and
private pipeline companies that may have existing facilities and must be relocated to
accommodate the proposed improvements. Inform private utilityand pipeline owners whose
facilities fall within the project limits of the proposed improvements. Identify areas of
potential conflicts. Coordinate with private utility and pipeline owners to obtain information
on their respective utility/pipeline, up to and including Level A SUE by the private
utility/pipeline owner, as necessary. Coordinate necessary adjustments and provide a
project schedule to utility/pipeline owner. Provide utility/pipeline relocation schedule to the
City and update monthly. Engineer shall coordinate with City PM before communicating with
any franchise utility representatives or other City Operating Departments.
Page 2 of 11 Exhibit A
Docusign Envelope ID: C99F105E-C3B2-4339-8499-CADFE9AOB3E5 Project No.: 24130
Street Name: Sand Dollar Ave(North Padre Island Paper Street)
Limits: Verdemar Dr&SH 361
b) Coordinate with City PM,AEP and CityTraffic Engineering Office to identifythe location of the
electrical service location, fixture type selection, and mounting heights. Photometric
analysis will be performed along the project alignment to develop roadway lighting site plan
with light locations, quantities, illumination levels, conduit pathways, schedules, and pull
box locations.
c) Identifythe approximate locations and areas of existing utilities and pipelines that may have
a significant potential impact on the proposed facilities construction and for which further
investigations utilizing Subsurface Utility Engineering (SUE) may be required. These utilities
will be located with SUE Quality Level (B) as detailed in the "Additional Service" section of
this proposal.
d) Prepare the construction documents in City standard format. Construction plans shall
include improvements or modifications to the street, storm water, water, wastewater, gas,
IT,and lightingsystemswithin the Project limits, perthe Project scope. Include standard City
of Corpus Christi detail sheets and specifications as applicable to the Project.
i. Prepare construction plans in compliance with CPPS
ii. Provide Traffic Control parameters, sequencing, and performance requirements for the
Contractors to develop the construction TCP.
iii. Provide pollution control measures and BMP layout for the Contractor's Storm Water
Pollution Prevention Plan, using the City Standard Notes and BMP Detail Sheets as
applicable.
iv. Include computer model results and calculations used to analyze drainage.
e) Submit plans at 60%, 90%, 100%(Pre-NOA), and 100% phases in compliance with the CPPS
with deliverables as listed on the Corpus Christi Design Submittal Packet Checklist.
f) Attend design review meetings at each phase of plan development identified above.
g) Submit an electronic file public exhibit of the projects with the 60% plan development
submittal.
h) Submit an electronic file and physical display board for public exhibit with the final plan
submittal.
i) Final plans and contract documents will become the shared intellectual property of the City
of Corpus Christi and the Consultant.The City agrees that any modifications of the submitted
final plans (for other uses by the City) will be evidenced on the plans and be signed and
sealed by a professional engineer prior to re-use of modified plans.
j) Provide Quality Assurance/Quality Control (QA/QC) measures to review that all submittals
reflect the percent completion designated and do not necessitate an excessive amount of
revision and correction by City. Additional revisions or design submittals are required (and
within the scope of Consultant's duties under this Contract) if, in the opinion of the City
Engineer or designee, Consultant has not adequately addressed City-provided review
comments or provided submittals in accordance with City standards.
k) Prepare and submit Monthly Status Reports to the Project Manager each month with action
items developed from monthly progress and review meetings. Submit Reportwith Invoice on
E-Builder.
The City staff will:
a) Designate an individual to have responsibility, authority, and control for coordinating
activities for the Project.
Page 3 of 11 Exhibit A
Docusign Envelope ID: C99F105E-C3B2-4339-8499-CADFE9AOB3E5 Project No.: 24130
Street Name: Sand Dollar Ave(North Padre Island Paper Street)
Limits: Verdemar Dr&SH 361
b) Provide the budget for the Project specifying the funds available for the construction
contract.
c) Electrical service and distribution design (including load analysis, service size, conductor
sizing and voltage drop calculations)to be completed by electric service provider per City of
Corpus Christi Street Lighting Design Policy and Guidelines but can be provided upon
request and approval of supplemental agreement.
3. Bid Phase
Halff will:
a) Participate in the pre-bid conference to discuss scope of work and to answer scope
questions.
b) Review questions concerning the bid documents and prepare revisions to the plans,
specifications, and bid form that are necessary.
c) Assist with the evaluation of bids; analyze bids, prepare bid tabulation, and make
recommendation concerning award of the contract.
d) Assist with the review of the Contractor's Statement of Experience and confirm it meets
Contract requirements.
e) For bids over budget, Halff will confer with City staff and, if necessary, make such revisions
to the bid documents as the City staff deems necessary to re-advertise the Project for bids.
If bids are over budget through no fault of Halff, revisions of the bid documents will require
an amendment to the contract.
The City staff will:
a) Advertise the Project forbidding, maintain the list of prospective bidders,issue any addenda,
prepare bid tabulation, and conduct the bid opening.
4. Construction Administration Phase
Halff will perform contract administration to include the following:
a) Participate in pre-construction meeting conference and, if requested by City, provide a
recommended agenda for critical construction activities and elements impacting the
project.
b) Review Contractor submittals and operating and maintenance manuals for conformance to
Contract Documents.
c) If requested by the City, review and interpret field and laboratory tests.
d) Provide interpretations and clarifications of the Contract Documents for the Contractor and
authorize required changes,which do not affect the Contractor's price and are not contrary
to the general interest of the City under the Contract as requested by the Owner's Authorized
Representative (OAR).
e) If requested by the City, make visits to the site of the Project to confer with the City Project
Inspector and Contractor to observe the general progress and quality of work, and to
determine, in general, if the work is being done in accordance with the Contract Documents.
This will not be confused with the project representative observation or continuous
monitoring of the progress of construction.
Page 4 of 11 Exhibit A
Docusign Envelope ID: C99F105E-C3B2-4339-8499-CADFE9AOB3E5 Project No.: 24130
Street Name: Sand Dollar Ave(North Padre Island Paper Street)
Limits: Verdemar Dr&SH 361
f) Provide interpretations and clarifications of the plans and specifications for the Contractor
and recommendations to the City for minor changes which do not affect the Contractor's
price and are not contrary to the general interest of the City under the Contract as requested
by the OAR.
g) Attend final inspection with City staff, provide punch list items to the City's Construction
Engineers for Contractor completion, and provide the City with a Certificate of Completion
for the Project upon successful completion of the Project.
h) Review Contractor-provided construction "red-line" drawings. Prepare Project Record
Drawings and provide a reproducible set and electronic file (both PDF and AutoCAD r.14 or
later)within one(1) month of receiving the Contractor's red-line drawings.All drawings shall
be CADD drawn using dwg format in AutoCAD, and graphics data will be in .dxf format.
Attribute data will be provided in ASCII format in tabular form. All electronic data will be
compatible with the City GIS system. The Record Drawings should incorporate the
Contractor's red-lines and identifyall changes made during construction.The Drawing Cover
and each sheet should be clearly identified as the Record Drawing and should indicate the
basis and date.
i) When requested by the OAR,assist in addressing Request for Information(RFI)submitted by
the Contractor.
The City staff will:
a) Prepare applications/estimates for payments to Contractor.
b) Perform Owner's inspection and acceptance of construction operations.
B. ADDITIONAL SERVICES
This section defines the scope of additional services that may only be included as part of this
contract if authorized by the Director of Engineering Services. Halff may not begin work on any
services under this section without specific written authorization by the Director of Engineering
Services. Fees for Additional Services are an allowance for potential services to be provided and will
be negotiated by the Director of Engineering Services as required. Halff shall, with written
authorization by the Director of Engineering Services, perform the following:
1. Permit Preparation
a) Texas Department of Licensing and Regulation (TDLR)—Accessibility Review
I. Register the project with the TDLR and pay associated fee.
II. Provide copy of Contract Documents along with appropriate fee to TDLR and/or
Registered Accessibility Specialist (RAS) for review and approval of accessibility
requirements for pedestrian improvements by a RAS.
III. Coordinate RAS inspection services at the end of construction and pay associated fee.
b) Texas Department of Transportation—Access Permit
I. Assemble package of proposed work, proposed construction traffic control and submit
to TxDOT for Access Permit.
II. Additional coordination with TxDOT on upcoming TxDOT project planned along SH-
361.
Page 5 of 11 Exhibit A
Docusign Envelope ID: C99F105E-C3B2-4339-8499-CADFE9AOB3E5 Project No.: 24130
Street Name: Sand Dollar Ave(North Padre Island Paper Street)
Limits: Verdemar Dr&SH 361
2. Topographic and Right-of-Way(ROW)Survey
a) Halff will perform a Boundary Survey of the subject tracts which will include the following
tasks:
I. Includes research performed by the surveyor and anon the ground field survey.
II. Includes record property ownership and boundary information.
III. Provide a Civil 3D cad file.
b) Halff will perform Topographic and Tree Survey including the following tasks:
I. Aerial or mobile LiDAR and conventional survey methods may be used for data
collection.
II. Establish a minimum of two benchmarks.
III. Obtain break lines and spot elevations sufficient for 1-foot contour intervals.
IV. Obtain line and grade on handicap ramps, crosswalks, and sidewalks.
V. Locate above ground visible improvements.
VI. File a TX811 locate request to mark underground utilities.
VII. Locate visible above-ground utility locations, either found by our surveyors or located
for us by utility companies and/or other agencies.
VIII. Provide spot elevations at center point of manhole covers and access vaults.
IX. Provide invert elevation of manhole and elevation of pipe flowlines(if possible).
X. Provide location, pipe size, (if possible) and invert elevation of existing storm drain
structures.
XI. Process field collected data for field survey.
XI I. Perform quality control for survey requirements.
XIII. Prepare base map illustrating data collected above.
XIV. Extract spot elevations and break lines into DTM.
XV. Extract and prepare triangulated irregular network into DTM.
XVI. Load 1-foot contour information.
XVII. Provide a Civil 3D cadd file.
XVIII. This scope does not include return trips for damaged control points, research outside
the original scope, or changes made to survey scope
3. ROW/Easement Acquisition Survey and Parcel Descriptions
Not included in this contract at this time.Additional scope and fee can be provided as more
project information becomes available.
4. Environmental Issues
Based on Project location and proximity to coastal areas and historically sensitive sites, the
following environmental services may be necessary.
a) Waters of the United States Delineation (WOTUS)
Halff will:
Page 6 of 11 Exhibit A
Docusign Envelope ID: C99F105E-C3B2-4339-8499-CADFE9AOB3E5 Project No.: 24130
Street Name: Sand Dollar Ave(North Padre Island Paper Street)
Limits: Verdemar Dr&SH 361
I. Conduct a delineation of potential WOTUS (commonly referred to as a wetland
delineation) following the technical standards and procedures described in the 1987
USACE Wetland Delineation Manual and the 2010 Atlantic and Gulf Coastal Plain
Regional Supplement(Version 2.0).
II. Identify non-wetland waterbodies (i.e., rivers, streams, channels, ponds) by the
presence of an ordinary high water mark (OHWM), and, if necessary, identify the high
tide line limits associated with the project area.
III. Geographically reference all wetlands, waterbodies, and data points in .kmz or .shp
format.
IV. Prepare a wetland delineation report summarizing the delineation of waterbodies and
wetlands within the proposed project corridor. The size and/or length and type of all
delineated waters will be included in the report. The report will also include general
descriptions of the project and survey area, methods employed, and vegetation
communities encountered. Maps, data sheets, and photographs will be included as
appendices. Furthermore,the report will provide a detailed discussion of the probable
jurisdictional status of the wetlands within the property. This report will provide
sufficient information to devise a permitting approach for the property, if necessary.
b) Threatened and Endangered Species
I. Review the current lists of threatened and endangered species for Nueces County
reported by Texas Parks and Wildlife Department (TPWD) and U.S. Fish and Wildlife
Service (USFWS), and conduct qualitative comparisons of the habitat requirements of
the listed species with vegetation communities and landscape features observed in
the survey area.
II. Prepare a threatened and endangered species report summarizing the listed species
considered, habitat requirements of these species, an evaluation of their potential to
occur in the surveyed corridor, and an evaluation of potential effects that may result
from the construction of the proposed project. Maps will be included to support the
field survey findings as appendices.
c) Cultural Resources Background Review
I. Because the project is being developed bythe City,a political sub-entity of the State of
Texas, it falls under purview of the Antiquities Code of Texas(Title 9,Chapter 191 of the
Texas Natural Resources Code),which requires that the Texas Historical Commission
(THC) reviewactions that have the potentialto impact archeological historic properties
within the public domain. In addition, the project may require authorization pursuant
to Section 404 of the Clean Water Act, which is considered a federal action requiring
compliance with Section 106 of the National Historic Preservation Act (Section 106).
Halff archeologists will perform the following task described below to enable the City
to comply with the Antiquities Code of Texas (ACT) and Section 106 for the proposed
project.
II. Halff will perform a desktop review of the Texas Archeological Sites Atlas to determine
whether any archeological historic properties eligible for listing on the National
Register of Historic Places(NRHP)ordesignation as a State Antiquities Landmark(SAL)
are documented within or adjacent to the project's Area of Potential Effect (APE).
Background research will also include a review of local soil, geologic and predictive
modeling data to evaluate the potential for buried archeological deposits as it pertains
to the horizontal and vertical footprint of the APE. Historic topographic maps, historic
Page 7 of 11 Exhibit A
Docusign Envelope ID: C99F105E-C3B2-4339-8499-CADFE9AOB3E5 Project No.: 24130
Street Name: Sand Dollar Ave(North Padre Island Paper Street)
Limits: Verdemar Dr&SH 361
aerial photographs and other relevant historic data will be reviewed to identify any
potential above-ground historic structures within or adjacent to the project area.
III. The results of the desktop reviewwill be submitted for review bythe THC in compliance
with Section 106 and the ACT. The desktop review will provide recommendations
regarding the project's potential to impact archeological historic properties. Any
additional tasks beyond the above-described (e.g., cultural resources field surveys)
would be scoped as additional services per state and federal guidelines.
d) Nationwide Permit Pre-construction Notification
I. Assuming the project design comports with the requirements a nationwide permit
(NWP) and there are impacts to WOTUS, Halff will develop any necessary pre-
construction notification (PCN)for the project. Based on the planned work, it appears
that these roads would be eligible for permitting under NWP — Linear Transportation
Projects, if necessary. Activities that do not qualify for authorization under the
nationwide permit program may qualify for authorization under an individual permit;
however, this task assumes that a NWP 14 with a single PCN will be submitted for the
project.
II. This task will include preparation and submittal of all permit components including:
1. Name, address, and telephone numbers of the prospective permittee,
2. Location of the proposed project,
3. A description of the proposed project
4. The purpose of the proposed projects
5. Direct and indirect adverse environmental effects the projects would cause
6. The anticipated amount of loss of waters of the United States expected to result
from the activity, in acreage, linear feet, or other appropriate unit of measure,
7. Delineation of waters of the United States,
8. Threatened and endangered species assessment,
9. Cultural resources assessment; and,
10. Compensatory mitigation plan.
III. Once Halff develops the PCN documents, Halff will submit the verification request to
USACE for their review and will coordinate with USACE, as needed. Typical timelines
for NWP verification are less than 90 days, assuming USACE considers the PCN
complete.
e) Phase I Environmental Site Assessment
I. Perform a Phase I Environmental Site Assessment (ESA) for the tracts of land
associated with the project area. A site reconnaissance will be performed; regulatory
databases and historical references will be ordered; open records requests will be
submitted; and an ESA report identifying potential recognized environmental
conditions associated with the subject property will be prepared. Data gaps will be
identified in the report and an opinion will be provided whether those data gaps
affected the environmental professional's ability to identify recognized environmental
conditions on the property.
II. It has been assumed that the userwill provide information regarding the environmental
cleanup liens, activity use limitations (AULs), specialized knowledge, the purchase
Page 8 of 11 Exhibit A
Docusign Envelope ID: C99F105E-C3B2-4339-8499-CADFE9AOB3E5 Project No.: 24130
Street Name: Sand Dollar Ave(North Padre Island Paper Street)
Limits: Verdemar Dr&SH 361
price compared to the fair market value of the property, an assessment of commonly
known or reasonably ascertainable information about the property, and/or indications
of the presence or likely presence of contamination on the property. Reasonably
ascertainable regulatory files include records which can be obtained within 20 days of
being requested at a cost of$100 or less. File retrieval costs that exceed $100 will be
billed in addition to the proposed fee.
III. The Phase I will be conducted by our staff and is estimated to require approximately
fourweeks to complete the written report.The proposed schedule is based on provided
access to the tracts. Recommendations based upon the findings may be included in
the ESA report, at the City's request.
5. Public Involvement
Not applicable this Contract.
6. Subsurface Utility Engineering(SUE)
Halff will perform SUE QL-D, C, &B for the length of the project. In QL-B, Halff will designate the
approximate horizontal position of conductive/toneable utilities within the project limits using
geophysical prospecting equipment and mark using paint and/or pin flags.An anticipated 7,000
linear feet of existing utilities will be designated. Designation of irrigation lines, HDPE lines,
gathering lines, asbestos concrete and/or pvc lines, as well as pvc lines without tracer wire or
access are not part of this Scope of Services.
The number of QL-A testholes required to complete the design is unknown at this time. Due to
this, performance of SUE QL-A is not included in this Scope. During the preliminary design and
after SUE QL-B information is available, the number, location, and utility type of SUE QL-A
testholes necessary for design will be determined. This information will be presented in an
exhibit to the City.The intent is for SUE QL-A to be completed through independent MSAs.
7. Construction Observation Services
Not applicable this Contract.
8. Warranty Phase
Provide a maintenance guaranty inspection toward the end of the one-year period after
acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix,
restore, patch, or replace improvement under the maintenance guaranty terms of the contract.
Document the condition and prepare a report for the City staff of the locations and conditions
requiring action, with its recommendation for the method or action to best correct defective
conditions and submit to City Staff. Complete the inspection and prepare the report no later
than sixty(60)days prior to the end of the maintenance guaranty period.
9. Televising Utility Lines.
Not applicable to this Contract.
10. Geotechnical Engineering Report
Provide a geotechnical engineering study and report signed and sealed by a Texas Licensed
Professional Engineer to recommend pavement and illumination pole foundation options for the
project. Sufficient borings shall be provided to complywith City's updated Infrastructure Design
Manual, effective December 12, 2022. An electronic copy of the final geotechnical engineering
report shall be provided to the City. Geotechnical Engineering fee will be invoiced to the City as
a reimbursable expense with a 10% markup on total fee.
Page 9 of 11 Exhibit A
Docusign Envelope ID: C99F105E-C3B2-4339-8499-CADFE9AOB3E5 Project No.: 24130
Street Name: Sand Dollar Ave(North Padre Island Paper Street)
Limits: Verdemar Dr&SH 361
II. SCHEDULE
Halff shall adhere to the original Project Schedule and in the event that an activity is not met and the
schedule changes a revised schedule shall be submitted along with a justification explanation for the
schedule change with the next month's Monthly Status Report. This schedule is shown to occur
concurrently with the Crowsnest(Project#24134)design phase.
Original Date Revised Date Activity
TBD NTP
14 weeks from NTP Draft ELR submittal
3 weeks 30%City Review
3 weeks from 30%City Review Final ELR submittal
12 weeks from Final ELR Submittal 60% Design Submittal
3 weeks City Review
12 weeks from 60%City Review 90% Design Submittal
3 weeks City Review
4 weeks from 90%City Review 100% Pre-NOA Submittal
2 weeks from Pre-NOA Submittal City Review
2 weeks from 100% Pre-NOA City Review Final Sealed Bid Package
3 weeks from Final Sealed Bid Package Advertise for Bids
2 weeks from Advertise for Bids Pre-Bid Conference
2 weeks from Pre-Bid Conference Receive Bids
3 months from Receive Bids Contract Award
1 month from Contract Award Begin Construction
12 months from Begin Construction Complete Construction
III. FEES
A. Fee for Basic Services.
The City will pay Halff a fixed fee for providing all "Basic Services" authorized as shown in the
Summary of Fees table. The fees for Basic Services will not exceed those identified and will be full
and total compensation for all services outlined in Section I.A.1-4, and for all expenses incurred in
performing these services. The fee for this project is subject to the availability of funds. The
Engineer may be directed to suspend work pending receipt and appropriation of funds. For
services provided, Halff will submit monthly statements for services rendered.The statementwill be
based upon Halff's estimate (and with City's concurrence) of the proportion of the total services
completed at the time of billing.The Citywill make prompt monthly payments in response to Halff's
monthly statements.
B. Fee for Additional Services.
For services authorized by the Director of Engineering Services under Section I.B. "Additional
Services",the City will pay Halff a not-to-exceed fee as shown in the Summary of Fees table.
Page 10 of 11 Exhibit A
Docusign Envelope ID: C99F105E-C3B2-4339-8499-CADFE9AOB3E5
Project No.: 24130
Street Name: Sand Dollar Ave
(North Padre Island Paper Streets)
Limits: Verdemar Dr& SH 361
Summary of Fees
Basic Services Fees Total
1. Preliminary Phase $59,458.00
2. Design Phase $199,232.00
3. Bid Phase $10,840.00
4. Construction Administration Phase $34,259.00
Subtotal Basic Services Fees $303,789.00
Additional Services Fees(Allowance)
1. Permit Preparation* $16,950.00
2.Topographic and ROW Survey* $37,081.00
3. ROW/Easement Acquisition Survey and Parcel Descriptions
4. Environmental Issues* $13,230.00
5. Public Involvement
6. Subsurface Utility Engineering(Level B)* $21,349.00
7. Construction Observation Services
8.Warranty Phase $3,626.00
9.Televising Utility Lines
10. Geotechnical Engineering Report* $5,840.00
Subtotal Additional Services Fees $94,450.00
Total Fee $401,865.00
*Additional Services authorized in coordination with the notice to proceed for Basic Services.
Page 11 of 11 Exhibit A
Docusign Envelope ID:C99F105E-C3B2-4339-8499-CADFE9AOB3E5
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 TBIDI TBDI TBIDI TBD TBIDI TBIDI 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: C99F105E-C3B2-4339-8499-CADFE9AOB3E5
EXHIBIT C
Insurance Requirements
Pre-Design, Design and General Consulting Contracts
1.1 Consultant must not commence work under this agreement until all required
insurance has been obtained and such insurance has been approved by the City.
Consultant must not allow any subcontractor to commence work until all similar
insurance required of any subcontractor has been obtained.
1.2 Consultant must furnish to the Director of Engineering Services with the signed
agreement a copy of Certificates of Insurance (COI) with applicable policy
endorsements showing the following minimum coverage by an insurance company(s)
acceptable to the City's Risk Manager. A waiver of subrogation is required on all
applicable policies. Endorsements must be provided with COI. Project name and
or number must be listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, Bodily Injury and Property Damage
required on all certificates or by Per occurrence - aggregate
applicable policy endorsements
PROFESSIONAL LIABILITY $1,000,000 Per Claim
(Errors and Omissions)
If claims made policy, retro date must
be prior to inception of agreement,
have 3-year reporting period provisions
or be maintained for 3 years after
project completion.
1.3 In the event of accidents of any kind related to this agreement, Consultant must
furnish the City with copies of all reports of any accidents within 10 days of the accident.
1.4 Consultant shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Consultant's sole expense, insurance coverage
written on an occurrence basis, with the exception of professional liability, which may be
on a per claims made basis, by companies authorized and admitted to do business in
the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is
required to provide City with renewal Certificates.
1 Rev 12/20
Docusign Envelope ID: C99F105E-C3B2-4339-8499-CADFE9AOB3E5
1 .5 Consultant is required to submit a copy of the replacement certificate of
insurance to City at the address provided below within 10 days of the requested
change. Consultant shall pay any costs incurred resulting from said changes. All notices
under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Engineering Services
P.O. Box 9277
Corpus Christi, TX 78469-9277
1.6 Consultant agrees that with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following required
provisions:
1.6.1 Provide thirty (30) calendar days advance written notice directly to City of
any suspension, cancellation or non-renewal of coverage, and not less
than ten (10) calendar days advance written notice for nonpayment of
premium.
1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of
coverage, Consultant shall provide a replacement Certificate of Insurance and
applicable endorsements to City. City shall have the option to suspend Consultant's
performance should there be a lapse in coverage at any time during this contract.
Failure to provide and to maintain the required insurance shall constitute a material
breach of this contract.
1.8 In addition to any other remedies the City may have upon Consultant's failure to
provide and maintain any insurance or policy endorsements to the extent and within the
time herein required, the City shall have the right to order Consultant to remove the
exhibit hereunder, and/or withhold any payment(s) if any, which become due to
Consultant hereunder until Consultant demonstrates compliance with the requirements
hereof.
1 .9 Nothing herein contained shall be construed as limiting in any way the extent to
which Consultant may be held responsible for payments of damages to persons or
property resulting from Consultant's or its subcontractor's performance of the work
covered under this agreement.
1 .10 It is agreed that Consultant's insurance shall be deemed primary and non-
contributory with respect to any insurance or self-insurance carried by the City of
Corpus Christi for liability arising out of operations under this agreement.
1.11 It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
2 Rev 12/20
Docusign Envelope ID: C99F105E-C3B2-4339-8499-CADFE9AOB3E5
City of CITY OF CORPUS CHRISTI
Corpus
Christi DISCLOSURE OF INTEREST
Corpus Christi Code § 2-349, 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 next page for Filing Requirements, Certification
and Definitions.
COMPANY NAME: Halff Associates, Inc.
STREET ADDRESS: 711 N. Carancahua St., Suite 1190 P.O. BOX:
CITY: Corpus Christi STATE: TX ZIP: 78401
FIRM IS: 1. Corporation IN 2. Partnership ❑ 3. Sole Owner ❑
4. Association ❑ 5. Other ❑
If additional space is necessary, please use the reverse side 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 NSA 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 NSA Title
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 NSA 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 NSA Consultant
Docusign Envelope ID: C99F105E-C3B2-4339-8499-CADFE9AOB3E5
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: Robert W. Scholz Title: Vice President
Signature of Date:
Certifying Person: Q11 � 44—, 01/14/2025
DEFINITIONS
a. "Board member." A member of any board, commission, or committee of the city, including the board
of any corporation created by the city.
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, whether under civil service or not, including part-time
employees and employees of any corporation created by the city.
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.
Requisition 173605 Details
Requester:Dolores Rivera Requisition Total: 401,865.00 USD Status: Processed
(7180)
Company: City of Corpus Christi(1) Requesting Location: CAP1-Engineering Services Inventory Transaction Issue
Type:
From Company: City of Corpus Christi(1) From Location: Engineering Services(CAP1) Description: 24130 PS ST ORIGINAL
Details
Lines
Uo
Line Item Description Vendor Item Item Type Requested Quantity M Unit Cost
1 24130 PS ST ORIGINAL 24130 PS ST ORIGINAL Service 401,865.0000 EA 1.00000
Purchase Order Lines
Company Purchase Order Line Quantity Delivered Quantity UOM Requested Delivery Date
1 245284 1 401,865.0000 0.0000 EA 02/26/2025
ft Comments
Title Type Comment
Executed 6381-24130 Halff Agreement Print On Requisition Executed 6381-24130 Halff Agreement
System Admin-Inbasket-02/26/2025 21:51:42 Display Only Sent to RQ CPG Approver's inbasket for approval
melindacm-Approve-02/27/2025 15:25:05 Display Only melindacm approved the requistion.
System Admin-Inbasket-02/27/2025 15:25:05 Display Only Sent to Buyer's inbasket for approval
19080-Approve-02/27/2025 16:21:25 Display Only 19080 approved the requistion.
Page 1 of 2 1 February 28,2025
Requisition 173605 Details continued...
Commitments
Sys
to Document Compan Funding Transaction GL Encumbrance Currency Amount For Period
m Number y Account Activity Fund Sourcing Amount Reference Code Difference Edit End Date Status
RQ 173605 1 550950 24130 3278 0.00 USD 0.00 02/28/20 Histor
25 y
Page 2 of 2 I February 28,2025
February 21, 2025
FINANCE- Halff Associates
PROCUREMENT Robert Scholz, PE
PO Box 9277 711 N. Carancahua St., Suite 1 190
Corpus Christi Corpus Christi, TX 78401
Texas, 78469-9277 rscholz@halff.com
Phone:
361.826.3160 Subject: Contract for Professional Services
Sand Dollar Avenue
(Project No. 24130)
(Service Agreement No. 6381)
Notice to Proceed
Dear Mr. Scholz:
Enclosed is the executed contract, which was approved by City Council on
January 14, 2025, by Res. 033553 for providing Professional Services for an
amount not to exceed $401,865.00. You are now authorized to proceed with
the contract.
Sincerely,
selvl'o VI`GG ana
Sergio Masana(Feb 22,2025 09:07 CST)
Sergio Villasana Jr. CPA, CGFO, CIA
Director of Finance & Procurement
SV/vwd
Encl.
cc: J.H. Edmonds, P.E., Director of Engineering Services
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,bus
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F c SERVICE AGREEMENT NO. 6381
v
CONTRACT FOR PROFESSIONAL SERVICES
�NOORPORP�E�
1852
FOR PROJECT 24130 — Sand Dollar Avenue
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 Halff Associates, 711 N. Carancahua St. Suite 1190, Corpus Christi, Texas
(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.........................................................................6
ARTICLE VIII TERMINATION OF AGREEMENT ..................................................6
ARTICLE IX RIGHT OF REVIEW AND AUDIT ....................................................7
ARTICLE X OWNER REMEDIES .......................................................................8
ARTICLE XI CONSULTANT REMEDIES.............................................................8
ARTICLE XII CLAIMS AND DISPUTE RESOLUTION ..........................................8
ARTICLE XIII MISCELLANEOUS PROVISIONS .................................................10
EXHIBITS
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ARTICLE I —SCOPE OF SERVICES
1.1 City and Consultant agree that the services provided are properly described in the Scope of Services,
which is incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include
all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any
and all Services that would normally be required by law or common due diligence in accordance with the standard
of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be
performed by Consultant under this Agreement. 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.
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1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local
franchises, electric companies, communication companies, private pipeline companies and V party
owners/operators.
1.8 For project with potential utility conflicts:
1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts.
1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City.
1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project
schedule and budget as defined in Exhibit A, including completing the work in phases defined therein.
1.10 The Consultant agrees to conduct all communication through and perform all project-related functions
utilizing the City's project management system known as e-Builder. This includes all correspondence,
submittals, payment requests and processing, contract amendments and construction phase activities.
ARTICLE II —QUALITY CONTROL
2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews (QCP
Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the
City.
2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy
applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of
the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as
needed.
2.3 Final construction documents that do not meet City standards in effect at the time of the execution of
this Agreement may be rejected. If final construction documents are found not to be in compliance with this
Agreement, Consultant will not be compensated for having to resubmit documents.
ARTICLE III —COMPENSATION
3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of
Services for this Agreement shall not exceed $ 401,865.00.
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.
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3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each
invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time
of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked
on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule
and any reimbursable expenses associated with the work. City will make prompt monthly payments in response
to Consultant's monthly invoices in compliance with the Texas Prompt Payment Act.
3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when
acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates.
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.
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The right to suspend work under this provision does not relieve the City of its obligation to make payments in
accordance with section 3.5 above for services provided up to the date of suspension.
ARTICLE IV—TIME AND PERIOD OF SERVICE
4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date).
4.2 The term of this Agreement will be for a period of six years beginning on the effective date, unless
extended by authority of the City Manager or designee.
4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the
Notice to Proceed from the Contracts and Procurement Department. Work will not begin on any phase or any
Additional Services until requested in writing by the Consultant and written authorization is provided by the
Director of Engineering Services.
4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under
this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance
with the schedules approved by City. The Consultant and City are aware that many factors may affect the
Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify
the City within ten business days of becoming aware of a factor that may affect the Consultant's ability to
complete the services hereunder.
4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not
delay the project.
4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of
the Project, including any extra work and any required extensions thereto, unless terminated as provided for in
this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City
of the construction phase of the Project, i.e., Final Completion.
ARTICLE V— OPINIONS OF COST
5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for
construction of the Project.
5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility
of the City.
5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or
over the contractor's methods of determining prices, or over competitive bidding or market conditions,
Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis
of Consultant's experience and qualifications and represent Consultant's best judgment as a design professional
familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the
construction cost shall not vary from the OPC prepared by Consultant.
ARTICLE VI — INSURANCE REQUIREMENTS
6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained
and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence
work until all similar insurance required of any subcontractor has been obtained.
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6.2 Insurance Requirements are shown in EXHIBIT C.
ARTICLE VII — INDEMNIFICATION
Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials,
officers, agents, employees, excluding the engineer or architect or that person's agent,
employee or subconsultant, over which the City exercises control ("Indemnitee") from and
against any and all claims, damages, liabilities or costs, including reasonable attorney fees and
court costs, to the extent that the damage is caused by or results from an act of negligence,
intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier
committed by Consultant or its agent, Consultant under contract or another entity over which
Consultant exercises control while in the exercise of rights or performance of the duties under
this agreement. This indemnification does not apply to any liability resulting from the negligent
acts or omissions of the City or its employees, to the extent of such negligence.
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.
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8.3 Termination Procedure
8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the
notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period,
Consultant shall immediately begin the phase-out and discontinuance of all services in connection with
the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination,
unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement
showing in detail the services performed under this Agreement prior to the effective date of termination.
City retains the option to grant an extension to the time period for submittal of such statement.
8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement,
including but not limited to specifications, designs, plans and exhibits.
8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why
City may be compelled to withhold fees, Consultant will be compensated for its services based upon a
Time & Materials calculation or Consultant and City's estimate of the proportion of the total services
actually completed at the time of termination. There will be no compensation for anticipated profits on
services not completed.
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.
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ARTICLE X— OWNER REMEDIES
10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to
pursue its actual damages and any other remedy allowed by law. This includes but is not limited to:
10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful
completion of the Project, which includes failure of subconsultants to meet contractual obligations;
10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal
governments, such that subsequent compliance costs exceed expenditures that would have been
involved had services been properly executed by the Consultant.
10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings,
specifications or other documents prepared by the Consultant to the extent that the financial losses are
greater than the City would have originally paid had there not been errors and/or omissions in the
documents.
10.2 When the City incurs non-value added work costs for change orders due to design errors and/or
omissions, the City will send the Consultant a letter that includes:
(1) Summary of facts with supporting documentation;
(2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense;
(3) Calculation of non-value added work costs incurred by the City; and
(4) Deadline for Consultant's response.
10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's
sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of
the revision or the actual number of changes due to the Consultant's errors or omissions.
10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III.
ARTICLE XI —CONSULTANT REMEDIES
11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national
emergency, epidemics, acts of the public enemy, governmental restrictions, laws or regulations or any other
causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount
equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule
should be approved in writing with a documented reason for granting the extension.
11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond
Consultant's reasonable control.
11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as
provided in this Agreement.
ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION
12.1 Filing of Claims
12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events,
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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.
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:
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12.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party
for loss of profits, delay damages or for any special incidental or consequential loss or damage of any
nature arising at any time or from any cause whatsoever;
12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven
wrong for which the other Party is claimed to be responsible.
12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible
for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties
expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this
Agreement.
12.5 In case of litigation between the parties, Consultant and City agree that they have knowingly waived and
do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or
connected to this Agreement, to proceed with a trial before the court, unless both parties subsequently agree
otherwise in writing.
12.6 No Waiver of Governmental Immunity. 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.
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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.
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://Prd.tecprd.ethicsefile.com/TECCertint/pages/login/certLogin.isf. 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/fiIinginfo/l295/.
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.
13.15 Consultant verifies that it does not boycott Israel and will not boycott Israel during the term of this
Agreement; does not have a practice, policy, guidance or directive that discriminates against a firearm entity or
firearm trade association and will not discriminate against a firearm entity or firearm trade association during the
term of this Agreement; and does not boycott energy companies and will not boycott energy companies during
the term of this Agreement.
Contract for Professional Services
Page 11 of 12
Docusign Envelope ID:C99F105E-C3B2-4339-8499-CADFE9AOB3E5
CITY OF CORPUS CHRISTI HALFF ASSOCIATES
DocuSigned by: DocuSigned by:
<---� 2/18/2025 F 2/13/2025
Jeff Edmonds, P.E. Date Robert cholz, PE Date
Director of Engineering Services Vice President
711 N. Carancahua St., Suite 1190
Corpus Christi, Texas, 78401
(361) 400-0981 Office
rscholz@halff.com
APPROVED AS TO LEGAL FORM:
DocuSigned/by:
I
�avi�l wUlTtu�A� 2/18/2025
Assistant ity Attorney Date Res. 033553
Authorized By
Council 1/14/2025
ATTEST RH/5B
DocuSigned by:
FtDu . aw-6, 2/19/2025
City ecre ary Date
Contract for Professional Services
Page 12 of 12
Docusign Envelope ID:C99Fl05E-C3B2-4339-8499-CADFE9AOB3E5
' ' haLff
■■■
■ ■
November 5, 2024
Mr. Jeff Edmonds, P.E.
Director of Engineering Services
City of Corpus Christi
1201 Leopard St.
Corpus Christi,Texas 78401
Re: 24130-Sand DollarAve (North Padre Island Paper Street)
Proposal for Engineering, Surveying, and Geotechnical Engineering Services—Rev 1
Dear Mr. Edmonds:
Halff is excited to present this proposal for civil engineering, surveying, and geotechnical
engineering services associated with the Sand Dollar Avenue Project in Corpus Christi,Texas. We
understand that this projectwill develop this"paper roads" into a formal,functioning road.The
approximately 2,100 feet of proposed roadway alignment will include the installation of subsurface
utilities, new pavement section, and accessibility improvements of sidewalk and multi-use
pathways. QL-A SUE services and Right-of-Way Descriptions for Acquisition are not included in this
scope of services and will be added to the project at a later date via Addendum when the need
arises.
Exhibit"A" includes the scope of services and fee summary. We believe this proposal meets your
requirements for this project.We appreciate the opportunity to be of service to the City of Corpus
Christi and trust that our association on this project is mutually beneficial. Please feel free to
contact me if you have any questions concerning this proposal.
Sincerely,
Halff
Evan Montgomery, P.E.
Project Manager
711 N.Carancahua St.,Suite 1190,Corpus Christi,TX 78401 halff.com
Docusign Envelope ID:C99Fl05E-C3B2-4339-8499-CADFE9AOB3E5 Project No.: 24130
Street Name: Sand Dollar Ave(North Padre Island Paper Street)
Limits:Verdemar Dr&SH 361
EXHIBIT"A"
CITY OF CORPUS CHRISTI,TEXAS
I. SCOPE OF SERVICES
A. BASIC SERVICES
1. Preliminary Phase
H a lff wi It:
a) Attend Project Kick-off Meeting and distribute meeting minutes to attendees within five
working days of the meeting.
b) Provide recommended geotechnical investigations general scope and coordinate testing
with City's geotechnical consultant. Proposed boring locations shall be approved by the City
Project Manager(PM) prior to performing geotechnical investigation.
c) Request and review available reports, record drawings, utility maps and other information
provided by the City pertaining to the project area.
d) Develop preliminary requirements for utility relocations, replacements, or upgrades.
Coordinate with the City's PM and identify Operating Departments' potential Project needs.
e) Develop preliminary typical street sections and pavement sections, incorporating the
Geotechnical Consultant's recommendations on flexible pavement,when the geotechnical
engineering report becomes available. Anticipated roadway section is two ten-foot travel
lanes, curb and gutter,ten-foot-wide golfcart paths on both sides of the roadway, and a five-
foot-wide sidewalk on one side of the roadway.
f) Develop proposed preliminary plan and profile roadway alignment for the length of roadway
along the project limits. Approaches will be designed on Verdemar Dr and SH 361. Traffic
Impact Studies or Signalization design are not included in this scope. TxDOT permitting for
the revised access on SH 361 is addressed in "Additional Services" section of this proposal.
Acceleration/deceleration lanes or roadway design beyond the access limits are not
included in this scope of services.
g) Develop a Drainage Area Map showing the existing and proposed drainage basins served by
the Project storm system. This drainage area map will utilize record data and field
reconnaissance but will not include surveyed data downstream or upstream of the roadway
right-of-way, except where immediately available per the survey performed.
h) Conduct hydrologic and hydraulic analysis to quantifythe storm water design of existing and
proposed systems. Record data and available resources will be reviewed to determine
tailwater conditions based on tidal impacts, storm surge, and anticipated sea level rise.
i) Identify electric and communication utility companies and private pipeline companies that
may have existing facilities and must be relocated to accommodate the proposed
improvements.Submit a list of identified companies to the City.
j) Conduct preliminary analysis of lighting, including existing equipment, above/below ground
electrical service, lighting fixtures, etc. Provide recommendations for improvements or
upgrades. No signalization analysis or improvements are included within this scope of
services.
k) The AE will participate in discussions with the Operating Department, Development Services
and other agencies, such as the Texas Department of Transportation (TXDOT) and Texas
Page 1 of 11 Exhibit A
Docusign Envelope ID:C99Fl05E-C3B2-4339-8499-CADFE9AOB3E5 Project No.: 24130
Street Name: Sand Dollar Ave(North Padre Island Paper Street)
Limits:Verdemar Dr&SH 361
Commission of Environmental Quality (TCEQ), as required to satisfactorily complete the
Project. Any directions or changes to scope provided by the Operating Department or other
agencies shall be reviewed with the City Engineering Department PM prior to
including/excluding from the scope of work. Changes in scope approved by the City
Engineering Dept will require changes in Halff fees.
l) Prepare an Engineering Letter Report to include:
i. Strip map identifying the existing right-of-way and include any preliminary right-of-way
acquisition requirements that may be needed. Include existing vs. proposed conditions
for pavement and utilities,curb lines, pavement widening, sidewalks/trails,etc. in a plan
and profile view on the strip map.
ii. Provide opinion of probable construction costs.
iii. Provide executive summary for existing conditions vs. proposed conditions discussing
preliminary engineering facts and findings, recommended pavement sections and
roadway cross sections, public and private utility conditions/replacement
recommendations, summary of geotechnical engineering report findings, permitting
requirements, drainage analysis results/recommendations, and illumination
findings/recommendations.
m) Attend design review meetings with the City
City staff will provide electronic copies of the following information(as applicable and requested
through the City PM):
a) Electronic index and database of City's Record Drawing and record information.
b) Record Drawings and record information as available from City Engineering files.
c) The preliminary budget from the bond packet, specifying the funds available for
construction.
d) A copy of existing studies and plans (as available from City Engineering files).
Note:Applicable Master Plans and GIS mapping are available on the City's website.The records
provided for Halff's use under this Contract are proprietary, copyrighted, and authorized for use
only by Halff, and only for the intended purpose of this project. Any unauthorized use or
distribution of the records provided under this Contract is strictly prohibited.
2. Design Phase
Upon approval of the preliminary phase, designated by receiving authorization to proceed from
the City Project Manager, Halff will:
a) Provide coordination with the City PM and electric and communication utility companies and
private pipeline companies that may have existing facilities and must be relocated to
accommodate the proposed improvements.Inform private utility and pipeline owners whose
facilities fall within the project limits of the proposed improvements. Identify areas of
potential conflicts. Coordinate with private utility and pipeline owners to obtain information
on their respective utility/pipeline, up to and including Level A SUE by the private
utility/pipeline owner, as necessary. Coordinate necessary adjustments and provide a
project schedule to utility/pipeline owner. Provide utility/pipeline relocation schedule to the
City and update monthly. Engineer shall coordinate with City PM before communicating with
anyfranchise utility representatives or other City Operating Departments.
Page 2 of 11 Exhibit A
Docusign Envelope ID:C99Fl05E-C3B2-4339-8499-CADFE9AOB3E5 Project No.: 24130
Street Name: Sand Dollar Ave(North Padre Island Paper Street)
Limits:Verdemar Dr&SH 361
b) Coordinate with City PM,AEP and City Traffic Engineering Office to identify the location of the
electrical service location, fixture type selection, and mounting heights. Photometric
analysis will be performed along the project alignment to develop roadway lighting site plan
with light locations, quantities, illumination levels, conduit pathways, schedules, and pull
box locations.
c) Identify the approximate locations and areas of existing utilities and pipelines that may have
a significant potential impact on the proposed facilities construction and for which further
investigations utilizing Subsurface Utility Engineering (SUE) may be required. These utilities
will be located with SUE Quality Level (B) as detailed in the "Additional Service" section of
this proposal.
d) Prepare the construction documents in City standard format. Construction plans shall
include improvements or modifications to the street, storm water, water, wastewater, gas,
IT,and lighting systems within the Project limits, perthe Project scope.Include standard City
of Corpus Christi detail sheets and specifications as applicable to the Project.
i. Prepare construction plans in compliance with CPPS
ii. Provide Traffic Control parameters, sequencing, and performance requirements for the
Contractors to develop the construction TCP.
iii. Provide pollution control measures and BMP layout for the Contractor's Storm Water
Pollution Prevention Plan, using the City Standard Notes and BMP Detail Sheets as
applicable.
iv. Include computer model results and calculations used to analyze drainage.
e) Submit plans at 60%,90%, 100%(Pre-NOA), and 100% phases in compliance with the CPPS
with deliverables as listed on the Corpus Christi Design Submittal Packet Checklist.
f) Attend design review meetings at each phase of plan development identified above.
g) Submit an electronic file public exhibit of the projects with the 60% plan development
submittal.
h) Submit an electronic file and physical display board for public exhibit with the final plan
submittal.
i) Final plans and contract documents will become the shared intellectual property of the City
of Corpus Christi and the Consultant.The City agrees that any modifications of the submitted
final plans (for other uses by the City) will be evidenced on the plans and be signed and
sealed by a professional engineer prior to re-use of modified plans.
j) Provide Quality Assurance/Quality Control (QA/QC) measures to review that all submittals
reflect the percent completion designated and do not necessitate an excessive amount of
revision and correction by City. Additional revisions or design submittals are required (and
within the scope of Consultant's duties under this Contract) if, in the opinion of the City
Engineer or designee, Consultant has not adequately addressed City-provided review
comments or provided submittals in accordance with City standards.
k) Prepare and submit Monthly Status Reports to the Project Manager each month with action
items developed from monthly progress and review meetings.Submit Report with Invoice on
E-Builder.
The City staff will:
a) Designate an individual to have responsibility, authority, and control for coordinating
activities for the Project.
Page 3 of 11 Exhibit A
Docusign Envelope ID:C99Fl05E-C3B2-4339-8499-CADFE9AOB3E5 Project No.: 24130
Street Name: Sand Dollar Ave(North Padre Island Paper Street)
Limits:Verdemar Dr&SH 361
b) Provide the budget for the Project specifying the funds available for the construction
contract.
c) Electrical service and distribution design (including load analysis, service size, conductor
sizing and voltage drop calculations)to be completed by electric service provider per City of
Corpus Christi Street Lighting Design Policy and Guidelines but can be provided upon
request and approval of supplemental agreement.
3. Bid Phase
H a lff wi IL•
a) Participate in the pre-bid conference to discuss scope of work and to answer scope
questions.
b) Review questions concerning the bid documents and prepare revisions to the plans,
specifications, and bid form that are necessary.
c) Assist with the evaluation of bids; analyze bids, prepare bid tabulation, and make
recommendation concerning award of the contract.
d) Assist with the review of the Contractor's Statement of Experience and confirm it meets
Contract requirements.
e) For bids over budget, Halff will confer with City staff and, if necessary, make such revisions
to the bid documents as the City staff deems necessary to re-advertise the Project for bids.
If bids are over budget through no fault of Halff, revisions of the bid documents will require
an amendment to the contract.
The City staff will:
a) Advertise the Project forbidding,maintain the list of prospective bidders,issue any addenda,
prepare bid tabulation, and conduct the bid opening.
4. Construction Administration Phase
Halff will perform contract administration to include the following:
a) Participate in pre-construction meeting conference and, if requested by City, provide a
recommended agenda for critical construction activities and elements impacting the
project.
b) Review Contractor submittals and operating and maintenance manuals for conformance to
Contract Documents.
c) If requested bythe City, review and interpret field and laboratory tests.
d) Provide interpretations and clarifications of the Contract Documents for the Contractor and
authorize required changes,which do not affect the Contractor's price and are not contrary
to the general interest of the City under the Contract as requested bythe Owner's Authorized
Representative (OAR).
e) If requested by the City, make visits to the site of the Project to confer with the City Project
Inspector and Contractor to observe the general progress and quality of work, and to
determine, in general, if the work is being done in accordance with the Contract Documents.
This will not be confused with the project representative observation or continuous
monitoring of the progress of construction.
Page 4 of 11 Exhibit A
Docusign Envelope ID:C99Fl05E-C3B2-4339-8499-CADFE9AOB3E5 Project No.: 24130
Street Name: Sand Dollar Ave(North Padre Island Paper Street)
Limits:Verdemar Dr&SH 361
f) Provide interpretations and clarifications of the plans and specifications for the Contractor
and recommendations to the City for minor changes which do not affect the Contractor's
price and are not contraryto the general interest of the City under the Contract as requested
by the OAR.
g) Attend final inspection with City staff, provide punch list items to the City's Construction
Engineers for Contractor completion, and provide the City with a Certificate of Completion
for the Project upon successful completion of the Project.
h) Review Contractor-provided construction "red-line" drawings. Prepare Project Record
Drawings and provide a reproducible set and electronic file (both PDF and AutoCAD r.14 or
later)within one(1) month of receiving the Contractor's red-line drawings.All drawings shall
be CADD drawn using dwg format in AutoCAD, and graphics data will be in .dxf format.
Attribute data will be provided in ASCII format in tabular form. All electronic data will be
compatible with the City GIS system. The Record Drawings should incorporate the
Contractor's red-lines and identify all changes made during construction.The Drawing Cover
and each sheet should be clearly identified as the Record Drawing and should indicate the
basis and date.
i) When requested bythe OAR, assist in addressing Request for Information(RFI)submitted by
the Contractor.
The City staff will:
a) Prepare applications/estimates for payments to Contractor.
b) Perform Owner's inspection and acceptance of construction operations.
B. ADDITIONAL SERVICES
This section defines the scope of additional services that may only be included as part of this
contract if authorized by the Director of Engineering Services. Halff may not begin work on any
services under this section without specific written authorization by the Director of Engineering
Services. Fees for Additional Services are an allowance for potential services to be provided and will
be negotiated by the Director of Engineering Services as required. Halff shall, with written
authorization by the Director of Engineering Services, perform the following:
1. Permit Preparation
a) Texas Department of Licensing and Regulation (TDLR)—Accessibility Review
I. Register the project with the TDLR and pay associated fee.
II. Provide copy of Contract Documents along with appropriate fee to TDLR and/or
Registered Accessibility Specialist (RAS) for review and approval of accessibility
requirements for pedestrian improvements by a RAS.
III. Coordinate RAS inspection services at the end of construction and pay associated fee.
b) Texas Department of Transportation—Access Permit
I. Assemble package of proposed work,proposed construction traffic control and submit
to TxDOT for Access Permit.
II. Additional coordination with TxDOT on upcoming TxDOT project planned along SH-
361.
Page 5 of 11 Exhibit A
Docusign Envelope ID:C99Fl05E-C3B2-4339-8499-CADFE9AOB3E5 Project No.: 24130
Street Name: Sand Dollar Ave(North Padre Island Paper Street)
Limits:Verdemar Dr&SH 361
2. Topographic and Right-of-Way(ROW)Survey
a) Halff will perform a Boundary Survey of the subject tracts which will include the following
tasks:
I. Includes research performed by the surveyor and anon the ground field survey.
II. Includes record property ownership and boundary information.
III. Provide a Civil 3D cad file.
b) Halff will perform Topographic and Tree Survey including the following tasks:
I. Aerial or mobile LiDAR and conventional survey methods may be used for data
collection.
II. Establish a minimum of two benchmarks.
III. Obtain break lines and spot elevations sufficient for 1-foot contour intervals.
IV. Obtain line and grade on handicap ramps, crosswalks, and sidewalks.
V. Locate above ground visible improvements.
VI. File a TX811 locate request to mark underground utilities.
VI I. Locate visible above-ground utility locations, either found by our surveyors or located
for us by utility companies and/or other agencies.
Vill. Provide spot elevations at center point of manhole covers and access vaults.
IX. Provide invert elevation of manhole and elevation of pipe flowlines (if possible).
X. Provide location, pipe size, (if possible) and invert elevation of existing storm drain
structures.
XI. Process field collected data for field survey.
XII. Perform quality control for survey requirements.
XIII. Prepare base map illustrating data collected above.
XIV. Extract spot elevations and break lines into DTM.
XV. Extract and prepare triangulated irregular network into DTM.
XVI. Load 1-foot contour information.
XVIL Provide a Civil 3D cadd file.
XVIII. This scope does not include return trips for damaged control points, research outside
the original scope, or changes made to survey scope
3. ROW/Easement Acquisition Survey and Parcel Descriptions
Not included in this contract at this time.Additional scope and fee can be provided as more
project information becomes available.
4. Environmental Issues
Based on Project location and proximityto coastal areas and historically sensitive sites,the
following environmental services may be necessary.
a) Waters of the United States Delineation (WOTUS)
H a lff wi It:
Page 6 of 11 Exhibit A
Docusign Envelope ID:C99Fl05E-C3B2-4339-8499-CADFE9AOB3E5 Project No.: 24130
Street Name: Sand Dollar Ave(North Padre Island Paper Street)
Limits:Verdemar Dr&SH 361
I. Conduct a delineation of potential WOTUS (commonly referred to as a wetland
delineation) following the technical standards and procedures described in the 1987
USACE Wetland Delineation Manual and the 2010 Atlantic and Gulf Coastal Plain
Regional Supplement(Version 2.0).
II. Identify non-wetland waterbodies (i.e., rivers, streams, channels, ponds) by the
presence of an ordinary high water mark (OHWM), and, if necessary, identify the high
tide line limits associated with the project area.
III. Geographically reference all wetlands, waterbodies, and data points in .kmz or .shp
format.
IV. Prepare a wetland delineation report summarizing the delineation of waterbodies and
wetlands within the proposed project corridor. The size and/or length and type of all
delineated waters will be included in the report. The report will also include general
descriptions of the project and survey area, methods employed, and vegetation
communities encountered. Maps, data sheets, and photographs will be included as
appendices. Furthermore,the report will provide a detailed discussion of the probable
jurisdictional status of the wetlands within the property. This report will provide
sufficient information to devise a permitting approach for the property, if necessary.
b) Threatened and Endangered Species
I. Review the current lists of threatened and endangered species for Nueces County
reported by Texas Parks and Wildlife Department (TPWD) and U.S. Fish and Wildlife
Service (USFWS), and conduct qualitative comparisons of the habitat requirements of
the listed species with vegetation communities and landscape features observed in
the survey area.
II. Prepare a threatened and endangered species report summarizing the listed species
considered, habitat requirements of these species, an evaluation of their potential to
occur in the surveyed corridor, and an evaluation of potential effects that may result
from the construction of the proposed project. Maps will be included to support the
field survey findings as appendices.
c) Cultural Resources Background Review
I. Because the project is being developed by the City,a political sub-entity of the State of
Texas, it falls under purview of the Antiquities Code of Texas(Title 9,Chapter 191 of the
Texas Natural Resources Code),which requires that the Texas Historical Commission
(THC)review actions that have the potential to impact archeological historic properties
within the public domain. In addition, the project may require authorization pursuant
to Section 404 of the Clean Water Act, which is considered a federal action requiring
compliance with Section 106 of the National Historic Preservation Act (Section 106).
Halff archeologists will perform the following task described below to enable the City
to comply with the Antiquities Code of Texas (ACT) and Section 106 for the proposed
project.
II. Halff will perform a desktop review of the Texas Archeological Sites Atlas to determine
whether any archeological historic properties eligible for listing on the National
Register of Historic Places(NRHP)or designation as a State Antiquities Landmark(SAL)
are documented within or adjacent to the project's Area of Potential Effect (APE).
Background research will also include a review of local soil, geologic and predictive
modeling data to evaluate the potential for buried archeological deposits as it pertains
to the horizontal and vertical footprint of the APE. Historic topographic maps, historic
Page 7 of 11 Exhibit A
Docusign Envelope ID:C99Fl05E-C3B2-4339-8499-CADFE9AOB3E5 Project No.: 24130
Street Name: Sand Dollar Ave(North Padre Island Paper Street)
Limits:Verdemar Dr&SH 361
aerial photographs and other relevant historic data will be reviewed to identify any
potential above-ground historic structures within or adjacent to the project area.
III. The results of the desktop reviewwill be submitted for review bythe THC in compliance
with Section 106 and the ACT. The desktop review will provide recommendations
regarding the project's potential to impact archeological historic properties. Any
additional tasks beyond the above-described (e.g., cultural resources field surveys)
would be scoped as additional services per state and federal guidelines.
d) Nationwide Permit Pre-construction Notification
I. Assuming the project design comports with the requirements a nationwide permit
(NWP) and there are impacts to WOTUS, Halff will develop any necessary pre-
construction notification (PCN)for the project. Based on the planned work, it appears
that these roads would be eligible for permitting under NWP— Linear Transportation
Projects, if necessary. Activities that do not qualify for authorization under the
nationwide permit program may qualify for authorization under an individual permit;
however,this task assumes that a NWP 14 with a single PCN will be submitted for the
project.
II. This task will include preparation and submittal of all permit components including:
1. Name, address, and telephone numbers of the prospective permittee,
2. Location of the proposed project,
3. A description of the proposed project
4. The purpose of the proposed projects
5. Direct and indirect adverse environmental effects the projects would cause
6. The anticipated amount of loss of waters of the United States expected to result
from the activity, in acreage, linear feet, or other appropriate unit of measure,
7. Delineation of waters of the United States,
8. Threatened and endangered species assessment,
9. Cultural resources assessment; and,
10. Compensatory mitigation plan.
III. Once Halff develops the PCN documents, Halff will submit the verification request to
USACE for their review and will coordinate with USACE, as needed. Typical timelines
for NWP verification are less than 90 days, assuming USACE considers the PCN
complete.
e) Phase I Environmental Site Assessment
I. Perform a Phase I Environmental Site Assessment (ESA) for the tracts of land
associated with the project area. A site reconnaissance will be performed; regulatory
databases and historical references will be ordered; open records requests will be
submitted; and an ESA report identifying potential recognized environmental
conditions associated with the subject property will be prepared. Data gaps will be
identified in the report and an opinion will be provided whether those data gaps
affected the environmental professional's ability to identify recognized environmental
conditions on the property.
II. It has been assumed that the user will provide information regarding the environmental
cleanup liens, activity use limitations (AULs), specialized knowledge, the purchase
Page 8 of 11 Exhibit A
Docusign Envelope ID:C99Fl05E-C3B2-4339-8499-CADFE9AOB3E5 Project No.: 24130
Street Name: Sand Dollar Ave(North Padre Island Paper Street)
Limits:Verdemar Dr&SH 361
price compared to the fair market value of the property, an assessment of commonly
known or reasonably ascertainable information about the property, and/or indications
of the presence or likely presence of contamination on the property. Reasonably
ascertainable regulatoryfiles include records which can be obtained within 20 days of
being requested at a cost of$100 or less. File retrieval costs that exceed $100 will be
billed in addition to the proposed fee.
III. The Phase I will be conducted by our staff and is estimated to require approximately
fourweeks to complete the written report.The proposed schedule is based on provided
access to the tracts. Recommendations based upon the findings may be included in
the ESA report, at the City's request.
5. Public Involvement
Not applicable this Contract.
6. Subsurface Utility Engineering(SUE)
Halff will perform SUE QL-D, C, &B for the length of the project. In QL-B, Halff will designate the
approximate horizontal position of conductive/toneable utilities within the project limits using
geophysical prospecting equipment and mark using paint and/or pin flags.An anticipated 7,000
linear feet of existing utilities will be designated. Designation of irrigation lines, HDPE lines,
gathering lines, asbestos concrete and/or pvc lines, as well as pvc lines without tracer wire or
access are not part of this Scope of Services.
The number of QL-A testholes required to complete the design is unknown at this time. Due to
this, performance of SUE QL-A is not included in this Scope. During the preliminary design and
after SUE QL-B information is available, the number, location, and utility type of SUE QL-A
testholes necessary for design will be determined. This information will be presented in an
exhibit to the City.The intent is for SUE QL-A to be completed through independent MSAs.
7. Construction Observation Services
Not applicable this Contract.
B. Warranty Phase
Provide a maintenance guaranty inspection toward the end of the one-year period after
acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix,
restore, patch, or replace improvement under the maintenance guaranty terms of the contract.
Document the condition and prepare a report for the City staff of the locations and conditions
requiring action, with its recommendation for the method or action to best correct defective
conditions and submit to City Staff. Complete the inspection and prepare the report no later
than sixty(60) days prior to the end of the maintenance guaranty period.
9. Televising Utility Lines.
Not applicable to this Contract.
10. Geotechnical Engineering Report
Provide a geotechnical engineering study and report signed and sealed by a Texas Licensed
Professional Engineerto recommend pavement and illumination pole foundation options for the
project.Sufficient borings shall be provided to complywith City's updated Infrastructure Design
Manual, effective December 12, 2022. An electronic copy of the final geotechnical engineering
report shall be provided to the City. Geotechnical Engineering fee will be invoiced to the City as
a reimbursable expense with a 10% markup on total fee.
Page 9 of 11 Exhibit A
Docusign Envelope ID:C99Fl05E-C3B2-4339-8499-CADFE9AOB3E5 Project No.: 24130
Street Name: Sand Dollar Ave(North Padre Island Paper Street)
Limits:Verdemar Dr&SH 361
II. SCHEDULE
Halff shall adhere to the original Project Schedule and in the event that an activity is not met and the
schedule changes a revised schedule shall be submitted along with a justification explanation for the
schedule change with the next month's Monthly Status Report. This schedule is shown to occur
concurrently with the Crowsnest(Project#24134) design phase.
Original Date Revised Date Activity
TBD NTP
14 weeks from NTP Draft ELR submittal
3 weeks 30%City Review
3 weeks from 30%City Review Final ELR submittal
12 weeks from Final ELR Submittal 60% Design Submittal
3 weeks City Review
12 weeks from 60%City Review 90% Design Submittal
3 weeks City Review
4 weeks from 90%City Review 100% Pre-NOA Submittal
2 weeks from Pre-NOA Submittal City Review
2 weeks from 100% Pre-NOA City Review Final Sealed Bid Package
3 weeks from Final Sealed Bid Package Advertise for Bids
2 weeks from Advertise for Bids Pre-Bid Conference
2 weeks from Pre-Bid Conference Receive Bids
3 months from Receive Bids Contract Award
1 month from Contract Award Begin Construction
12 months from Begin Construction Complete Construction
III. FEES
A. Fee for Basic Services.
The City will pay Halff a fixed fee for providing all "Basic Services" authorized as shown in the
Summary of Fees table. The fees for Basic Services will not exceed those identified and will be full
and total compensation for all services outlined in Section I.A.1-4, and for all expenses incurred in
performing these services. The fee for this project is subject to the availability of funds. The
Engineer may be directed to suspend work pending receipt and appropriation of funds. For
services provided, Halff will submit monthly statements for services rendered.The statement will be
based upon Halff's estimate (and with City's concurrence) of the proportion of the total services
completed at the time of billing.The City will make prompt monthly payments in response to Halff's
monthly statements.
B. Fee for Additional Services.
For services authorized by the Director of Engineering Services under Section I.B. "Additional
Services",the City will pay Halff a not-to-exceed fee as shown in the Summary of Fees table.
Page 10 of 11 Exhibit A
Docusign Envelope ID:C99Fl05E-C3B2-4339-8499-CADFE9AOB3E5
Project No.: 24130
Street Name: Sand Dollar Ave
(North Padre Island Paper Streets)
Limits: Verdemar Dr& SH 361
Summary of Fees
Basic Services Fees Total
1. Preliminary Phase $59,458.00
2. Design Phase $199,232.00
3. Bid Phase $10,840.00
4. Construction Administration Phase $34,259.00
Subtotal Basic Services Fees $303,789.00
Additional Services Fees(Allowance)
1. Permit Preparation* $16,950.00
2.Topographic and ROW Survey* $37,081.00
3. ROW/Easement Acquisition Survey and Parcel Descriptions
4. Environmental Issues* $13,230.00
5. Public Involvement
6.Subsurface Utility Engineering(Level B)* $21,349.00
7. Construction Observation Services
8.Warranty Phase $3,626.00
9.Televising Utility Lines
10. Geotechnical Engineering Report* $5,840.00
Subtotal Additional Services Fees $94,450.00
Total Fee $401,865.00
*Additional Services authorized in coordination with the notice to proceed for Basic Services.
Page 11 of 11 Exhibit A
Docusign Envelope ID:C99Fl05E-C3B2-4339-8499-CADFEgAOB3E5
Sample form for:
COMPLETE PROJECT NAME Payment Request
AE Contract
Project No.XXXX Revised 02/01/17
Invoice No. 12345
Invoice Date 0110112017
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 $0.001 100.0%
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 $2,000.00 $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 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3%
Additional Services Fees $2,000.00 $1,120.001 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5%
Total of Fees $8,000.00 $2,120.001 $2,877.00 $12,997.00 $1,500.00 $1,500.00 $3,000.00 $9,997.00 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:C99Fl05E-C3B2-4339-8499-CADFE9AOB3E5
EXHIBIT C
Insurance Requirements
Pre-Design, Design and General Consulting Contracts
1.1 Consultant must not commence work under this agreement until all required
insurance has been obtained and such insurance has been approved by the City.
Consultant must not allow any subcontractor to commence work until all similar
insurance required of any subcontractor has been obtained.
1.2 Consultant must furnish to the Director of Engineering Services with the signed
agreement a copy of Certificates of Insurance (COI) with applicable policy
endorsements showing the following minimum coverage by an insurance company(s)
acceptable to the City's Risk Manager. A waiver of subrogation is required on all
applicable policies. Endorsements must be provided with COI. Project name and
or number must be listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, Bodily Injury and Property Damage
required on all certificates or by Per occurrence - aggregate
applicable policy endorsements
PROFESSIONAL LIABILITY $1,000,000 Per Claim
(Errors and Omissions)
If claims made policy, retro date must
be prior to inception of agreement,
have 3-year reporting period provisions
or be maintained for 3 years after
project completion.
1.3 In the event of accidents of any kind related to this agreement, Consultant must
furnish the City with copies of all reports of any accidents within 10 days of the accident.
1.4 Consultant shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Consultant's sole expense, insurance coverage
written on an occurrence basis, with the exception of professional liability, which may be
on a per claims made basis, by companies authorized and admitted to do business in
the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is
required to provide City with renewal Certificates.
1 Rev 12/20
Docusign Envelope ID:C99Fl05E-C3B2-4339-8499-CADFE9AOB3E5
1.5 Consultant is required to submit a copy of the replacement certificate of
insurance to City at the address provided below within 10 days of the requested
change. Consultant shall pay any costs incurred resulting from said changes. All notices
under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Engineering Services
P.O. Box 9277
Corpus Christi, TX 78469-9277
1.6 Consultant agrees that with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following required
provisions:
1.6.1 Provide thirty (30) calendar days advance written notice directly to City of
any suspension, cancellation or non-renewal of coverage, and not less
than ten (10) calendar days advance written notice for nonpayment of
premium.
1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of
coverage, Consultant shall provide a replacement Certificate of Insurance and
applicable endorsements to City. City shall have the option to suspend Consultant's
performance should there be a lapse in coverage at any time during this contract.
Failure to provide and to maintain the required insurance shall constitute a material
breach of this contract.
1.8 In addition to any other remedies the City may have upon Consultant's failure to
provide and maintain any insurance or policy endorsements to the extent and within the
time herein required, the City shall have the right to order Consultant to remove the
exhibit hereunder, and/or withhold any payment(s) if any, which become due to
Consultant hereunder until Consultant demonstrates compliance with the requirements
hereof.
1.9 Nothing herein contained shall be construed as limiting in any way the extent to
which Consultant may be held responsible for payments of damages to persons or
property resulting from Consultant's or its subcontractor's performance of the work
covered under this agreement.
1.10 It is agreed that Consultant's insurance shall be deemed primary and non-
contributory with respect to any insurance or self-insurance carried by the City of
Corpus Christi for liability arising out of operations under this agreement.
1.11 It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
2 Rev 12/20
Docusign Envelope ID:C99Fl05E-C3B2-4339-8499-CADFE9AOB3E5
City of CITY OF CORPUS CHRISTI
Corpus
Christi DISCLOSURE OF INTEREST
Corpus Christi Code § 2-349, 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 next page for Filing Requirements, Certification
and Definitions.
COMPANY NAME: Halff Associates, Inc.
STREET ADDRESS: 711 N. Carancahua St., Suite 1190 P.O. BOX:
CITY: Corpus Christi STATE: TX ZIP: 78401
FIRM IS: 1. Corporation 2. Partnership ❑ 3. Sole Owner ❑
4. Association ❑ 5. Other ❑
If additional space is necessary, please use the reverse side 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 NSA 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 NSA Title
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 NSA 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:C99Fl05E-C3B2-4339-8499-CADFE9AOB3E5
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: Robert W. Scholz Title: Vice President
Signature of Date-
Certifying Certifying Person:
1
DEFINITIONS
a. "Board member." A member of any board, commission, or committee of the city, including the board
of any corporation created by the city.
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, whether under civil service or not, including part-time
employees and employees of any corporation created by the city.
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.