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C2025-114 - 4/8/2025 - Approved
,bus c G� H SERVICE AGREEMENT NO. 6584 U CONTRACT FOR PROFESSIONAL SERVICES �a�CilpoR SEA 1852 FOR PROJECT 25018 — RECLAIMED WATER INFRASTRUCTURE 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 GARVER, LLC, 12141 Wickchester Lane, Suite 200, Houston, TX 77079 (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 13 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 XI II of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. Consultant will perform the Services in accordance with Exhibit A and with Consultant's response to the Request for Qualifications related to this project, which response is incorporated by reference into this Agreement as if set out here in its entirety. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the% of work performed by subconsultant(in dollars). Changes in Consultant's proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts,excerpt attached as Exhibit D. 1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant's Scope of Services during the performance of the Consultant's services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A and A-1. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. Contract for Professional Services Page 2 of 13 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 311 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 $1,291,550.00. 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 13 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 Page 4 of 13 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 The Consultant shall perform its services as expeditiously as is consistent with professional skill and care, as well as the orderly progress of the project, and at the time or times required by City. 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 Contract for Professional Services Page 5 of 13 work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee")from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs,to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. 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 Contract for Professional Services Page 6 of 13 notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 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. Contract for Professional Services Page 7 of 13 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 Contract for Professional Services Page 8 of 13 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within 21 calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant, whether for additional compensation,additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 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 requestfor 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 Contract for Professional Services Page 9 of 13 standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable,whether in contractor 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 orjoint 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. Contract for Professional Services Page 10 of 13 13.5 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s)at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.6 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 13.7 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 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 htti)s://ethics.state.tx.us/rules/commission/. 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 https://www.cori)uschristitx.gov/department-directory/city-secretary/conflict-disclosures/. 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. Contract for Professional Services Page 11 of 13 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. [Signature Page Follows] Contract for Professional Services Page 12 of 13 CITY OF CORPUS CHRISTI GARVER, LLC Jeffr y Edmonds(Jun 18,2025 08:28 CDT) Daniel N.Olson,P.E.(Jun 17,2025 21:45 CDT) Jeff H. Edmonds, P.E. Date Daniel N. Olson, PE Date Director of Engineering Servies Vice President 12141 Wickchester Lane, Suite 200 Houston, TX 77079 dnolsono_garverusa.com APPROVED AS TO LEGAL FORM: Janet Whitehead (Jun 18,2025 07:39 CDT) Assistant City Attorney Date M2025-038 Authorized By ATTEST Council 4/8/2025 RH/SB Rebecca Huerta(Jun 18,2025 10:25 CDT) City Secretary Date Contract for Professional Services Page 13 of 13 EXHIBIT A SCOPE OF SERVICES City of Corpus Christi CCW Project No. 25018 Reclaimed Water Infrastructure Task Order No. 1 BACKGROUND The City of Corpus Christi,Texas("City")has selected Garver,LLC("Garver"),to provide professional services for evaluating alternative water reclamation and reuse applications.The City has continued to explore and identify alternative sources of new water supply and is seeking assistance with identifying and evaluating alternative potable reuse applications.The City has seen increasing strain on its potable water supplies,with the Texas Water Development Board reporting a doubling of industrial water demands(from 40 to 80 MGD)in the Coastal Bend Region over the period of 2010 to 2020. Direct potable reuse (DPR) could partially satisfy the potable water demand, thus minimizing the size and cost of other alternative water supplies that the City would add to its portfolio (including desalination and/or imported surface and ground waters). After evaluating multiple WWTP sites, including Laguna Madre, Oso, Broadway, Greenwood, and Allison, Garver and the City determined that Oso WWTP and Greenwood WWTP are the most viable locations for potable reuse. GENERAL Subdivided into Tasks, the complete Scope of Work is designed to accomplish key objectives for the planning and pilot testing of potable reuse at one or more facilities. These objectives include: I. Provide project management, quality control and assurance, and coordination assistance with vendors, lab services,and City to meet regulatory requirements. II. Coordinate and facilitate TCEQ planning meetings. III. Review historical water quality data provided by the city. IV. Evaluate scenarios for potable reuse and provide a Reuse Alternatives Workshop Summary. V. Sample for and develop a 12-Month Source Water Characterization Report compliant with TCEQ requirements at one or both of Greenwood WWTP and Oso WWTP. VI. Develop and submit a Pilot Study Protocol to TCEQ. DETAILED SCOPE OF SERVICES The scope of services includes the evaluation of alternative water reclamation and reuse applications that would satisfy potable water demands and add a new water supply for the City. 1. Task I-Project Management(Lump Sum) 1. Attend one kickoff meeting to discuss project objectives, internal and external team member roles and responsibilities,communication protocols,document management protocols,and schedule. 2. Perform general project management and administrative responsibilities necessary to execute the work. This shall include preparing and providing monthly progress/status reports sufficient to support monthly billings. 3. Prepare,submit,and update project schedule. 4. Prepare and facilitate bi-weekly virtual coordination meetings,as well as two in-person meetings,with the City Council,in addition to the other outlined meetings and workshops to maintain coordination,timeliness, and budget compliance. Engineer will prepare a meeting summary with a decision log and distribute to Exhibit A- Scope of Services 1 of 4 Garver Project No. W09-2402439 Reclaimed Water Infrastructure participants. The two in-person meetings with City Council will be to provide updates on the project and present the findings of the alternatives evaluation. 5. Develop a Project Management Plan(PMP)and Quality Control/Assurance Plan. 2. Task 11-TCEQ Coordination(Lump Sum) Garver will facilitate meetings with TCEQ to ensure regulatory compliance, address technical and operational concerns,and facilitate collaboration with TCEQ throughout the planning and design phase of this pilot project. This includes the following meetings: 1. Preliminary in-person overview meeting to initiate discussions with TCEQ and clarify regulatory requirements. 2. Up to three additional virtual meetings to discuss project planning, reuse alternatives, permitting requirements,and source water sampling. 3. Evaluate and determine permitting requirements with TCEQ and overall feasibility of the project. 3. Task HI—Historical Data Review(Lump Sum) 1. Prepare, submit,and review data request with the City. Data request is anticipated to include,but not be limited to: a. City-supplied drinking water distribution system hydraulic model. b. City-supplied GIS files(with meter IDs)to map the City's largest non-residential water demands, as needed. c. Residential customer meter data to verify changes in the distribution system hydraulic model, if needed. d. W WTP operating reports for previous five years,to include daily and weekly measurements for TPDES-permit-listed water quality parameters. e. WTP operating reports for previous five years at entry points into the distribution system. 4. Task VI—Evaluation of Reuse Alternatives(Lump Sum) 1. Evaluate alternatives for direct and indirect potable reuse from Oso,Greenwood,Allison,Laguna Madre, and Broadway. Indirect potable reuse options will include discharge into the Nueces River upstream of the O.N. Stevens WTP and injection of the purified water into groundwater aquifer(s)in an aquifer storage and recovery(ASR)scenario using city provided ASR locations and data. 2. Assist the city to assess non-potable reuse options,including selling treated effluent for industrial uses. 3. Garver will evaluate up to five alternatives using a high-level screening analysis,and short-list up to three alternatives for deeper analysis that will include life-cycle cost estimation and a weighted scoring matrix. 4. Develop a Reuse Alternatives Feasibility Matrix for ranking reuse configurations based on city-provided qualitative parameters and industry standard quantitative data for the three shortlisted alternatives. 5. Facilitate an in-person Reuse Alternatives Workshop Meeting to discuss the basis of planning for the selected reuse alternatives,including documentation of: a. Cost assumptions. b. Facility siting. c. Assumed recycled water production rates. d. Probable reuse authorization requirements for each reuse application, with respect to reuse effluent water quality and routine monitoring. 6. Review and address meeting recommendations and requests for clarification into a Reuse Alternatives Exhibit A- Scope of Services 2 of 4 Garver Project No. W09-2402439 Reclaimed Water Infrastructure Workshop Summary with an updated decision log. 5. Task IV—12-Month Source Water Characterization(Lump Sum) 1. Garver will characterize the proposed new source water,at both Greenwood W WTP and Oso W WTP to comply with TCEQ requirements,which includes the following: a. Create a detailed sampling plan necessary to meet all TCEQ sampling requirements for the 12- month Source Water Characterization. The sampling list is attached to this scope of work. b. Collect samples and deliver to the laboratory for testing and analysis for the twelve-month duration of source water characterization. c. Retain a qualified and accredited laboratory for the testing of samples. d. Actively track,monitor, and audit sample results throughout characterization efforts. 6. Task V—Pilot Plant Study Protocol(Lump Sum) Garver will develop pilot study protocol documents,as required by TCEQ,which will serve as the basis for future pilot plant design.This includes the following: 1. Develop a Draft Pilot Study Protocol and submit to the City and TCEQ for review and comment. In the draft pilot protocol,Garver will do the following: a. Describe the treatment process, which may include microfiltration/ultrafiltration (MF/UF), nanofiltration/reverse osmosis (NF/RO), ultraviolet light for disinfection or advanced oxidation when combined with hydrogen peroxide(UV/UV-AOP), and others as may be required to meet water quality requirements. b. Assess critical control points(CCPs)throughout the entire process that automatically shut down the plant if water quality is compromised at any stage in the treatment train, and plan for online monitoring at all CCPs. c. Identify multiple supplies for each membrane system to evaluate and compare for competitive bidding purposes. d. Establish planned milestones for membrane performance for pilot operations. e. Prepare and update a schedule describing the testing regime for the pilot plant system. 2. Submit a Final Pilot Study Protocol to TCEQ for approval, required for the commencement of the pilot plant operations.This will include Garver doing the following: a. Prepare exhibits for up to three(3)coordination virtual meetings with TCEQ(via Teams or Zoom video conferencing) to review pilot testing plans, locations, and plan for data collection and analysis. b. Address City comments and submit Draft Pilot Protocol to TCEQ for review. c. Incorporate TCEQ feedback, develop the Final Pilot Protocol and submit for final TCEQ approval. SUMMARY OF PROJECT DELIVERABLES The following will be submitted to the Owner,or others as indicated,by Garver: A. Electronic(.pdf)copy of the Draft Pilot Study Protocol. B. Electronic(.pdf)copy of the Final Pilot Study Protocol. C. Electronic(.pdf)copy of Draft Reuse Alternatives Workshop Summary. D. Electronic(.pdf)copy of Final Reuse Alternatives Workshop Summary. E. Electronic(.xls)copy of the Decision Log after each meeting that it is updated. Exhibit A- Scope of Services 3 of 4 Garver Project No. W09-2402439 Reclaimed Water Infrastructure Extra Work The following items are not included under this agreement but will be considered as extra work: A. Redesign for the Owner's convenience or due to changed conditions after previous alternate direction and/or approval. B. Submittals or deliverables in addition to those listed herein. C. Evaluation of additional scenarios beyond the five screening analyses and three short-listed alternatives. D. Design,construction,and operation of the pilot plant. E. Design of any utility relocations. F. Preparation of a Storm Water Pollution Prevention Plan(SWPPP). G. Construction materials testing. H. Environmental Handling and Documentation, including wetlands identification or mitigation plans or other work related to environmentally or historically(culturally) significant items. 1. Coordination with FEMA and preparation/submittal of a CLOMR and/or LOMR. J. Topographical or boundary surveys. K. Geotechnical investigations. L. TPDES permitting or TAC 210 permitting. Extra Work will be as directed by the Owner in writing for an addition fee as agreed upon by the Owner and Garver. Schedule Garver shall begin work under this agreement within 10 days of receiving the Notice to Proceed(NTP)and shall complete the work in accordance with the schedule below. Task Duration(Calendar Days/Months) Historical Data Review 30 days from NTP Reuse Alternatives Evaluation 9 months from NTP Draft Reuse Alternatives Workshop Summary 10 days from Reuse Alternatives Workshop Final Reuse Alternatives Workshop Summary 5 days from receipt of comments on Draft Reuse Alternatives Workshop Summary Source Water Characterization 12 months Draft Pilot Study Protocol to TCEQ 3 months Final Pilot Study Protocol to TCEQ 30 days from receipt of comments from TCEQ on Draft Pilot Study Protocol Exhibit A- Scope of Services 4 of 4 Garver Project No. W09-2402439 Reclaimed Water Infrastructure Exhibit B - Level Of Effort Summary Corpus Christi Water (CCW) Reclaimed Water Infrastructure - Task Order No. 1 FEE SUMMARY Basic Services Cost TASK 1 - Project Management(Lump Sum) $58,870 TASK 2 - TCEQ Coordination (Lump Sum) $55,964 TASK 3- Historical Data Review (Lump Sum) $14,612 TASK 4- Evaluation of Reuse Alternatives (Lump Sum) $368,180 TASK 5- 12-Month Source Water Characterization of Oso and Greenwood (Lump Sum) $597,441 TASK 6- Pilot Plant Study Protocol (Lump Sum) $196,483 Total for Basic Services $1,291,550 Page 1 of 1 0 0 0 0 0 0 0 0 0 0 0 0 L O O CD CD In O O O CO m m Ln CO Ln r p a) L V Q 00 0 0 0 0 N O O ~ ~ ~ O O O N E c C O i E CV r o pC U o d U w -0 Q- a) Q 0 0 0 0 0 0 0 00 ❑ ❑ 0 0 0 0 J E E O O O O O O O O op m m O o 0 o a co m T y 0 0 0 0 0 0 0 � r` CD r- r a. of E V on, O Ln O Ln O N N Ln � O a M r- M r- Ln r CO N r- N O O r61a M Ln r r r Ln V G V 0 m Qa H} H} on, E!) 64 6s to b4 {f} O W 0 0 0 0 0 0 00 ❑ ❑ ❑ 00 0 0 p o 0 0 0 0 O O o m m m 0 0 0 0 J t� O O O O O 0 0 0 0 0 0 0 C 00 0 Ef} Ef3 O O K> Ef} O 0 0 0 0 H > = N E� 64 CV 69 CM LL = 619- Ef} H} 69, H} V Z O O O O O O O O ❑ ❑ ❑ O 0 0 0 LLB N 0 0 0 0 0 O O O m m m 0 0 0 0 M p 0 0 0 0 0 0 0 0 F- F- 0 0 0 0 Z O .v O O C!> Efl O C!> K? E!> 69- O 64 0 O O O Ln Ln Ln Ln Q1 > rQ� r r r a a` � 6s � � W 0 0 0 0 O O O o ❑ ❑ ❑ O O O 0 o 0 0 0 0 0 0 0 m m m o 0 0 CD V o 0 0 0 0 0 0 0 F- o 0 0 0 w 1- o 0 0 Lon 0 LOn Lon_ V r r 09 ea r r 6s 6q 61), 0 CO F- � N Z V N O O O O O O O O Q Q Q co O O O 0 W Clv o 0 0 0 0 0 0 o m m m o 0 0 o Z a o 0 0 0 0 0 0 l-- I- o r- ti Q O O O O 0 0 O O O O N N Iq Ln I O y m OC Z Z p a 0 0 I'- O N O r O r- N ti M W CU r p r M M ao N ao N (� co C1 EA EA 6F} 6f} 6f} fA 69 EA E f} ER O Q u O O J O C V N O O O O O O O O ❑ ❑ ❑ CD 0 0 0 Z CU IL a p o 0 0 00 0 0 o m co co o 0 0 0 m 3 LU > O o o 0 0 0 0 0 ♦- ♦- ♦- ti O ►) d Z H> Efl O 6q � N NN ~ Q QNON � (O oo a v E � 6s 6> � > 0> Nam- Z a .c Q QT o r 0 0 0 0 0 0 0 0 ❑ 00 0 0 0 0 W cri M 0 0 0 0 0 0 0 o m m m o 0 0 o W C O o 0 0 0 0 0 0 0 0 0 o O V Zuq� oU9, v!) o 61.� r61) � o N N V o Qd> rr Z Z o W W c 0 0 0 0 0 0 0 0 ❑ ❑ ❑ o 0 0 o Op O o E O O O CD0 0 00 op M co o 0 0 0 1 M o 0 0 0 0 0 0 0 � � o 0 0 o ( o 0 0 LO Lon 0 0 ` `�' 0 0 0 0 Z) � v � N� 6s " N1- � o� 69- ta ° CT m a o U) w ri W W .c w C: y li O ? ayi d U) �, ° ri (D W �► a _� a M a M _0 o c) � � _ a) Z- m M o d c ) Co Q U- = Q fn d m io C c ° 0) Q io p V Vl s= 'a L C2 — Q E .� +�+ J CU 4 m 0- ❑ m 0 cn Q a ws am: O cUn in in CO Q H Z Q 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 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 74/23/2025 E(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Stephens Insurance, LLC A/C.ONE KathyJones FAX 111 Center Street, Suite 100 No Ext: 501-377-8502 A/c No): Little Rock, AR 72201 ADDRESS: kathy.jones@stephens.com INSURER(S)AFFORDING COVERAGE NAIC# www.stephensinsurance.com INSURERA: Phoenix Insurance Company A++XV 25623 INSURED INSURER B: Charter Oak Fire Insurance Company A++XV 25615 Garver, LLC INSURERC: Standard Fire Insurance Company A++XV 19070 500 N. Shoreline Blvd., Suite 610 Corpus Christi TX 78401 INSURER D: Travelers Property Casualty Cc of Amer A++XV 25674 INSURER E: Starr Surplus Lines Insurance Company A XV 13604 INSURERF: Tokio Marine Specialty Insurance Company A++XV 23850 COVERAGES CERTIFICATE NUMBER: 84956645 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR I POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A �/ COMMERCIAL GENERAL LIABILITY P-630-1G052988-PHX-24 7/1/2024 7/1/2025 EACH OCCURRENCE $2,000,000 DAMAGE TO CLAIMS-MADE � OCCUR PR" SES Ea oNcur ence $500,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY Z JECT LOC PRODUCTS-COMP/OPAGG $4,000,000 ✓ OTHER:-0-Deductible $ B AUTOMOBILE LIABILITY 810-1N886537-24-43-G 7/1/2024 7/1/2025 COMBINED SINGLE LIMIT $ Ea accident 1,000,000 ✓ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ ✓ AUTOS ONLY -1 AUTOSONLY Per accident D �/ UMBRELLALIAB f OCCUR CUP-6JO9853A-24-43 7/1/2024 7/1/2025 EACH OCCURRENCE $10,000,000 ✓ EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED ✓ RETENTION$10,000 $ C WORKERS COMPENSATION UB-7K425966-24-43-G 7/1/2024 7/1/2025 ✓ STATUTE ER AND EMPLOYERS'LIABILITY Y/N OFFICER/MEMBER EXCLUDED?ECUTIVE � N/A E.L.EACH ACCIDENT $1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1 000 000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 E Professional Liability-Claims Made 1000634123241 7/1/2024 7/1/2025 Each Claim&Aggregate $2,000,000 F Contractor's Pollution Liability PPK2691456 7/1/2024 7/1/2025 Occurrence&Aggregate $2,000,000 Maritime Employer's Liability* PSR083863 7/1/2024 7/1/2025 Combined Single Limit $1,000,000 Underwriter at Lloyds NAIC AA-112200 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) See Attached RE:Reclaimed Water Infrastructure(25018)/Garver Project:2402439 Full Prior Acts applies under the Starr Professional Liability policy shown above. CERTIFICATE HOLDER CANCELLATION Reclaimed Water Infrastructure(25018)/Garver Project:2402439 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Corpus Christi THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Engineering Services ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 9277 Corpus Christi TX 78469-9277 AUTHORIZED REPRESENTATIVE Ted Grace ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 84956645 1 1-2024 Liability 2 mil PL I Jay Summerday 1 4/23/2025 11:35:33 ACC (CDT) I Page 1 of 3 AGENCY CUSTOMER ID: LOC#: ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Stephens Insurance, LLC 00 NrShoreline Blvd.,Suite 610 POLICY NUMBER Corpus Christi TX 78401 P-630-1 G052988-PHX-24 CARRIER NAIC CODE Phoenix Insurance Company A++XV 25623 EFFECTIVE DATE:7/1/2024 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE:Certificate of Liability Insurance(03/16) HOLDER: City of Corpus Christi Attn:Engineering Services ADDRESS: P.O.Box 9277 Corpus Christi TX 78469-9277 The following policy endorsements apply to the Certificate Holder and other named person or organization if you have agreed in written contract: Certificate Holder is an Additional Insured on the General Liability if required by written contract per Blanket Endorsement CGD414 & CGD246 on a Primary & Non-contributory basis and includes Completed Operations. Certificate Holder is an Additional Insured on a Primary & Non-contributory basis per Blanket Auto Endorsement CAT474. Certificate Holder is an Additional Insured under the Umbrella policy on a Primary & Non- contributory basis per the follow form wording. Waiver of Subrogation applies in favor of the Certificate Holder under the General Liability by Blanket Endorsement CGD379. Waiver of Subrogation applies in favor of the Certificate Holder under the Automobile by Blanket Endorsement CAT353. Waiver of Subrogation applies under the Umbrella per follow form wording if required by written contract. Waiver of Subrogation applies in favor of the Certificate Holder under the Worker's Compensation by Blanket Endorsement WC000313. Form WC420304 Texas. Form WC9903J9 Kansas. WC430305 Utah. Waiver of Subrogation applies in favor of the Certificate Holder under the Professional Liability. This is provided within the Starr Professional Liability policy form. 30 day notice will be provided to the Certificate Holder in the event of Cancellation, Non-renewal, Material Change per Blanket Endorsement ILT804-General Liability & ILT354 (03/98) on the Automobile & ILT400 (05/19) on the Umbrella. Notice of Cancel, Non-renewal, Material Change will be sent per WC Blanket Endorsement WC9906R5. Notice of Cancel, Non-renewal and Reduction of Limits will be provided by the Professional Liability Carrier per Blanket Endorsement. Notice of Cancel for non-payment of premium is provided if Certificate Holder is specifically endorsed to the Professional Liability policy (Endt to be attached with this certificate if applicable) . *** (Notice of Cancel for non-payment of premium will not be provided to the Certificate Holder by Travelers Ins. Co. (applies to the General Liability, Automobile Liability and Umbrella policies) . Valuable Papers is provided under policy P-630-1GO52988-PHX-24 shown above with a limit of $500, 000. General Liability policy form CGTO01 includes Severability (Separation) of Interest (Insured's) Clause. General Liability Includes Work Within Railroad by endorsement CG D3 79 and Auto includes Work within Railroad endorsement CA 2070 . ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ATTACHMENT 84956645 1 1-2024 Liability 2 mil PL I Jay Sum dsy 1 4/23/2025 11:35:33 ACC (CDT) I Page 2 of 3 AGENCY CUSTOMER ID: LOC#: ACC o ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Stephens Insurance, LLC 00 NrShoreline Blvd.,Suite 610 POLICY NUMBER Corpus Christi TX 78401 P-630-1 G052988-PHX-24 CARRIER NAIC CODE Phoenix Insurance Company A++XV 25623 EFFECTIVE DATE:7/1/2024 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE:Certificate of Liability Insurance(03/16) HOLDER: City of Corpus Christi Attn:Engineering Services ADDRESS: P.O.Box 9277 Corpus Christi TX 78469-9277 Worker's Compensation Policy includes coverage for USL&H exposures without endorsement to the policy per endorsement WC000106. Cyber Policy PRV30063164200 with Endurance Assurance Corporation, eff. 7/l/24-7/l/25 Limits $10, 000, 000 Data & Network Liability. Employee Dishonesty Coverage - Policy #105807050 eff. 7/l/24-7/l/25 Limit $1, 000, 000 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ATTACHMENT 84956645 1 1-2024 Liability 2 mil PL I Jay S--dsy 1 4/23/2025 11:35:33 ACC (CDT) I Page 3 of 3 EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services is NULL to this Agreement. EXHIBIT D Page 1 of 1 o use CITY OF CORPUS CHRISTI 4 �� DISCLOSURE OF INTEREST 0 H RFQ No. 6146 v RFQ for Professional Engineering Services for FY2025 N0OgPOPPtf 1852 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: GARVER, LLC P. O. BOX: STREET ADDRESS:500 North Shoreline Blvd, Suite 600 CITY: Corpus Christi STATE: Texas ZIP: 78401 FIRM IS: I. Corporation 2.Partnership 3.Sole Owner ❑ 4. Association H 5.Other LLC DISCLOSURE QUESTIONS Limited Liability Company 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 N/A Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N/A Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N/A Consultant �`' GARVER RFQ No. 6146- Professional Engineering Services for FY2025 10 REQUIRED FORMS 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 Us c 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, o� �,,, unless the interest of the City official or employee in the matter is apparent. >4 The disclosure shall also be made in a signed writing filed with the City v Secretary. [Ethics Ordinance Section 2-349 (d)] NOORPORPSEO CERTIFICATION 1852 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: Dan Olson, PE Title: Vice President, Water Operations Director Signature of �/\J d _ Certifying Person: Date: October 30, 2024 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. �`' GARVER RFQ No. 6146- Professional Engineering Services for FY2025 11 EXHIBIT E WASTEWATER CONSENT DECREE Special Conditions Special Project procedures are required from the CONSULTANT as specified herein. The CONSULTANT shall implement and maintain these procedures at the appropriate time, prior to and during performance of the work. The following special conditions and requirements shall apply to the Project: I. Consent Decree Notice Provision — The City of Corpus Christi ("City"), the United States of America and the State of Texas have entered into a Consent Decree in Civil Action No. 2:20-cv-00235, United States of America and State of Texas v. City of Corpus Christi in the United States District Court for the Southern District of Texas, Corpus Christi Division (the "Consent Decree"). A copy of the Consent Decree is available at https://www-cdn.cctexas.com/sites/default/files/CC-Consent-Decree.pdf By signature of the Contract, CONSULTANT acknowledges receipt of the Consent Decree. II. Performance of work. CONSULTANT agrees that any work under this Contract is conditioned upon CONSULTANT's performance of the Work in conformity with the terms of the Consent Decree. All Work shall be performed in accordance with the Design Criteria for Wastewater Systems under Title 30 Chapter 217 of the Texas Administrative Code, 30 Tex. Admin. Code Ch. 217, and using sound engineering practices to ensure that construction, management, operation and maintenance of the Sewer Collection System complies with the Clean Water Act. Work performed pursuant to this contract is work that the City is required to perform pursuant to the terms of the Consent Decree. In the event of any conflict between the terms and provisions of this Consent Decree and any other terms and provisions of this Contract or the Contract Documents, the terms and provisions of this Consent Decree shall prevail. III. Retention of documents — CONSULTANT shall retain and preserve all non- identical copies of all documents, reports, research, analytical or other data, records or other information of any kind or character (including documents, records, or other information in electronic form) in its or its sub-contractors' or agents' possession or control, or that come into its or its sub-contractors' or agents' possession or control, and that relate in any manner to this contract, or the performance of any work described in this contract (the "Information"). This retention requirement shall apply regardless of any contrary city, corporate or institutional policy or procedure. CONSULTANT, CONSULTANT's sub-contractors and agents shall retain and shall not destroy any of the Information until five years after the termination of the Consent Decree and with prior written authorization from the City Attorney. CONSULTANT shall provide the City with copies of any documents, reports, analytical data, or other information required to be maintained at any time upon request from the City. IV. Liability for stipulated penalties — Article IX of the Consent Decree provides that the United States of America, the United States Environmental Protection Agency and the State of Texas may assess stipulated penalties including interest against the City upon the occurrence of certain events. To the extent that CONSULTANT or CONSULTANT's agents or sub-contractors cause or contribute to, in whole or in part, the assessment of any stipulated penalty against the City, CONSULTANT agrees that it shall pay to City the full amount of any stipulated penalty assessed against and paid by City that is caused or contributed to in whole or in part by any action, failure to act, or failure to act within the time required by any provision of this contract. CONSULTANT shall also pay to City all costs, attorney fees, expert witness fees and all other fees and expenses incurred by City in connection with the assessment or payment of any such stipulated penalties, or in contesting the assessment or payment of any such stipulated penalties. In addition to any and all other remedies to which City may be entitled at law or in equity, CONSULTANT expressly authorizes City to withhold all amounts assessed and paid as stipulated penalties, and all associated costs, fees, or expenses from any amount unpaid to CONSULTANT under the terms of this contract, or from any retainage provided in the contract. Signature: Sarah B ua ho$1` kmhoe�er Email: citysecretary@cctexas.com