HomeMy WebLinkAboutC2016-027 - 1/11/2016 - NA T
CITY OF CORPUS CHRISTI
CONTRACT FOR PROFESSIONAL SERVICES
FOR PROJECT(No./Name) E12100 Home Road from Ayers Street to Port Avenue BOND 2012
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 Meridian Consulting Group,LLC.,a Texas corporation, 11122 Wurzbach Road,Suite 206,
San Antonio, Bexar County, Texas 78230, (Consultant), hereby agree as follows:
TABLE OF CONTENTS
ARTICLE NO. TITLE PAGE
ARTICLE I SCOPE OF SERVICES 2
ARTICLE II COMPENSATION 2
ARTICLE III TIME AND PERIOD OF SERVICE 4
ARTICLE IV INSURANCE REQUIREMENTS 4
ARTICLE V INDEMNIFICATION 6
ARTICLE VI TERMINATION OF AGREEMENT 7
ARTICLE VII RIGHT OF REVIEW AND AUDIT - 7
ARTICLE VIII CONSULTANT REMEDIES 8
ARTICLE IX CLAIMS AND DISPUTE RESOLUTION 8
ARTICLE X MISCELLANEOUS PROVISIONS 9
EXHIBIT A SCOPE OF SERVICES
EXHIBIT B SAMPLE PAYMENT REQUEST FORM
EXHIBIT B-1 CONFIDENTIAL RATE SHEET
2016-027
1/11/16
Meridian Consulting Group LLC
INDEXED
ARTICLE I—SCOPE OF SERVICES
1.1 The Consultant shall provide to Engineering Services its Scope of Services,to be 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.
1.2 Consultant shall comply with City standards,as specified in the UDC or Code of Ordinances,throughout the
duration of the Project,unless specifically and explicitly excluded from doing so in the approved Scope of Services
attached as Exhibit A.
1.3 The Consultant will serve as the City's Consultant and will consult and advise the City during the
performance of the Consultant's services.The Consultant shall report to the City's designated Project Manager.
1.4 Consultant shall provide all labor,equipment and transportation necessary to complete all services agreed
to hereunder in a timely manner throughout the term of the Agreement. Additionally,Consultant shall provide staff
for regular,overtime,night,weekend and holiday service,as requested by City. Persons retained by Consultant to
perform work pursuant to this Agreement shall be employees or subconsultants of Consultant.
1.5 Consultant shall not begin work on any Task Order 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.
1.6 Consultant services will be"Services for Construction Projects"-(Basic Services for Construction Projects")
which are shown and are in accordance with "Professional Engineering Services-A Guide to the Selection and
Negotiation Process, 1993"a joint publication of the Consulting Engineer's Council of Texas and Texas Society of
Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional
Services will be considered as Basic Services.
ARTICLE II—COMPENSATION
2.1 The Compensation for all services included in this Agreement and in the Scope of Services for this
Agreement shall not exceed$37,575.00. The fees for Basic Services will not exceed those identified and will be
full and total compensation for all services outlined in Exhibit A,and for all expenses incurred in performing these
services.
2.2 The Consultant agrees to complete the phases of services in accordance with the approved project
schedule and budget. Work will not begin on any phase or any Additional Service until requested in writing by the
Consultant and written authorization is provided by the Director of Engineering Services.
2.3 All services shall be performed and the applicable standard of professional care set forth in section 13.4
herein and to City's satisfaction,which satisfaction shall be judged by the Director in his/her sole discretion. City
shall not be liable for any payment under this Agreement for services that are unsatisfactory and/or have not been
previously approved by the Director.
2.4 The Director may direct the Consultant to undertake additional services or tasks. 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 of Corpus Christi within three (3) days of notice if tasks requested requires an
additional fee.
2.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. For
services provided, Consultant will submit monthly statements for services rendered.The statement will be based
upon Consultant's estimate(and with City's concurrence)of the proportion of the total services actually completed
at the time of billing. City will make prompt monthly payments in response to Consultant's monthly statements.
2.6 Consultant warrants that title to all services covered by a Payment Request shall pass to City no later than
the time of payment. Consultant further warrants 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.
2.7 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."
2.8 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:
2.8.1 delays in the performance of Consultant's work;
2.8.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or
equipment;
2.8.3 reasonable evidence that Consultant's work cannot be completed for the amount unpaid under this
Agreement;
2.8.4 damage to City; or
2.8.5 persistent failure by Consultant to carry out the performance of its services in accordance with this
Agreement.
2.9 When the above reasons for withholding are removed or remedied by Consultant, compensation of the
amount withheld shall be made within a reasonable time. City shall not be deemed in default by reason of
withholding compensation as provided for in this Article Ill.
2.10 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 provided in this Agreement in a timely manner and as required by the terms thereof, any such claim
shall be waived.
2.11 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.
2.12 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.
2.13 Time&Materials Contracts
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• .
2.13.1 Consultant shall complete EXHIBIT B-1 and include in proposal. Rate sheets are confidential
pursuant to section 552.104 of the Texas Government Code since release of this information would give
advantage to a competitor or bidder. In addition,section 552.110 of the TX Govt.Code protects third party
commercial and financial information if release of the information would cause the third party substantial
competitive harm.
2.13.2 Consultant shall submit documentation with the monthly invoice that shows who worked on the
Project, the number of hours that each individual worked on the Project and reimbursables for that
individual.
2.13.3 Principals may only bill at the hourly rate of Principals when acting in that capacity. Principals acting
in the capacity of staff must bill at staff rates. The Consultant shall provide documentation with each
payment request that clearly indicates how that individual's time is allocated and the justification for that
allocation.
ARTICLE III—TIME AND PERIOD OF SERVICE
3.1 The term of this Agreement shall commence upon its approval execution by both the City and Consultant.
3.2 The Consultant agrees to begin work on those authorized Basic Services for this contract upon receipt of
the Notice to Proceed from the Director of Engineering Services. 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.
3.3 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations for the
services under Article I herein in a prompt and continuous manner,so as to not delay the development of services
for the Project,in accordance with the schedules approved by City. City shall perform its obligations of review and
approval in a prompt and continuous manner so as to not delay the project.
3.4 This Agreement shall remain in force for a period which may reasonably be unless terminated as provided
for in this Agreement.
ARTICLE IV—INSURANCE REQUIREMENTS
4.1 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.
4.2 Consultant must furnish to the Director of Engineering Services with the signed agreement 2 copies 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. The City must be listed as an additional
insured on the General liability and Auto Liability policies, and 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 applicable Per occurrence- aggregate
policy endorsements
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Commercial General Liability including: $1,000,000 Per Occurrence
1. Commercial Broad Form $2,000,000 Aggregate
2. Premises—Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury-Advertising Injury
AUTO LIABILITY (including) $1,000,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
PROFESSIONAL LIABILITY $1,000,000 Per Claim
(Errors and Omissions) $2,000,000 Aggregate
(Defense costs not included in face value of
the policy)
If claims made policy, retro date must be
prior to inception of agreement, have
extended reporting period provisions and
identify any limitations regarding who is
insured.
WORKERS' COMPENSATION Statutory
(All States Endorsement if Company is not
domiciled in Texas)
Employer's Liability $500,000/$500,000/$500,000
4.3 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.
4.4 Applicable for paid employees,Consultant must obtain workers'compensation coverage through a licensed
insurance company. The coverage must be written on a policy and endorsements approved by the Texas
Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to
assure that all workers'compensation obligations incurred by the Consultant will be promptly met. An All States
Endorsement shall be required if Consultant is not domiciled in the State of Texas.
4.5 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,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.
4.6 Consultant shall be 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
4.7 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:
4.7.1 List the City and its officers, officials, employees, volunteers, and elected representatives as
additional insured by endorsement, as respects operations, completed operation and activities of, or on
behalf of, the named insured performed under contract with the City, with the exception of the workers'
compensation policy;
4.7.2 Provide for an endorsement that the"other insurance"clause shall not apply to the City of Corpus
Christi where the City is an additional insured shown on the policy;
4.7.3 Workers'compensation and employers'liability policies will provide a waiver of subrogation in favor
of the City; and
4.7.4 Provide thirty (30) calendar days advance written notice directly to City of any suspension,
cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days
advance written notice for nonpayment of premium.
4.8 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.
4.9 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.
4.10 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.
4.11 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.
4.12 It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this agreement.
4.13 Contracts Less than $50,000 - Insurance not required; however, if contract is amended to exceed
$50,000, the above insurance requirements must be met.
ARTICLE V—INDEMNIFICATION
Consultant shall fully indemnify and hold harmless the City of Corpus Christi ("City") and its
officials, officers, agents, employees, volunteers, directors and representatives ("Indemnitee")
•
from and against any third-party claim for damages, liabilities or costs, including reasonable
attorney fees and defense costs. Consultant's total liability to the City or any third party for any
claims,losses or damages,whether under theories of contract,negligence or other tort,statutory
duty or other theories(a)shall not exceed in the aggregate the total charges to the City under this
agreement; and (b) in no case will either Party be liable for any incidental, special, indirect,
consequential, punitive or exemplary damages of any kind or for any lost profits, lost
opportunities or business interruption. 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.
If the liability results solely from the negligent acts or omissions of the Consultant,the Consultant
shall also defend the Indemnitee with counsel satisfactory to the City Attorney. If a claim is based
wholly or partly on the negligence of, fault of or breach of contract by the City, 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 VI—TERMINATION OF AGREEMENT
6.1 The City may, at any time,with or without cause,terminate this contract upon seven days written notice to
the Consultant at the address of record.
6.2 In this event, the Consultant will be compensated for its services on all stages authorized based upon
Consultant and City's estimate of the proportion of the total services actually completed at the time of termination.
ARTICLE VII— RIGHT OF REVIEW AND AUDIT
7.1 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 (4) 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.
7.2 "Consultant's records" include any and all information, materials and data of every kind and character
generated as a result of the Work under this Agreement. 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,federal and state tax filings for issue in
questions and any and all other agreements,sources of information and matters that may,in City's judgment,have
any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement
Documents.
7.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's records only during
City'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 or former 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.
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7.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract.
ARTICLE VIII—CONSULTANT REMEDIES
8.1 Consultant shall not be liable or responsible for any delays due to strikes, riots, acts of God, national
emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond
Consultant's reasonable control.
ARTICLE IX—CLAIMS AND DISPUTE RESOLUTION
9.1 Filing of Claims
9.1.1 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 twenty-
one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the
general nature of the Claim.
9.1.2 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.
9.1.3 The responsibility to substantiate a claim rests with the party making the Claim.
9.1.4 Within thirty(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 thirty (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 Alternative Dispute Resolution.
9.1.5 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.
9.2 Alternative Dispute Resolution
9.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and
settlement negotiations for purposes of applicable rules of evidence.
9.2.2 Before invoking mediation or any other alternative dispute resolution (ADR) process set forth
herein, 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 any other ADR process. If the parties' senior management
representatives cannot resolve the dispute within thirty(30)calendar days after a Party delivers a written
notice of such dispute, then the Parties shall proceed with the mediation ADR process contained herein.
9.2.3 Mediation
9.2.3.1 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.
9.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence
no less than thirty (30) or more than ninety (90) calendar days following the date of the request,
except upon agreement of both parties.
9.2.3.3 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 thirty(30)calendar days of the request for mediation,all
conditions precedent in this Article XII shall be deemed to have occurred.
•
9.2.3.4 The parties shall share the mediator's fee. Venue for any mediation or lawsuit arising under
this Agreement 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.
9.3 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE 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 X—MISCELLANEOUS PROVISIONS
10.1 Use of Local Expertise/ Local Professional Participation. The City Council's stated policy is that City
expenditures on contracts for professional services be of maximum benefit to the local economy.
10.2 Assignability. The Consultant will not assign, transfer or delegate any of its obligations or duties in this
contract to any other person without the prior written consent of the City, except for routine duties delegated to
personnel of the Consultant staff. If the Consultant is a partnership, then in the event of the termination of the
partnership,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.
10.3 Ownership of Documents. All documents including contract documents(plans and specifications),record
drawings,contractor's field data,and submittal data will be the sole property of the City, may not be used again by
the Consultant without the express written consent of the Director of Engineering Services. However, the
Consultant may use standard details that are not specific to this project. The City agrees that any modification of
the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re-use of
modified plans.
10.4 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the
professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar
locality and 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.
10.5 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.
10.6 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.
10.7 Disclosure of Interest. Consultant agrees, in compliance with City of Corpus Christi Ordinance No. 17112,
to complete, as part of this contract, the Disclosure of Interests form.
10.8 Conflict of Interest. Consultant agrees to comply with Chapter 176 of the Texas Local Government Code
and file Form CIQ with the City Secretary's Office, if required. 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/governmenUcity-secretary/conflict-disclosure/index.
10.9 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.
10.10 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.
10.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything
contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, or contained in any other
document prepared by Consultant and included herein, is in conflict with this Agreement,this Agreement shall take
precedence and control to resolve said conflict.
CITY OF CORPUS CHRISTI ME'IDIA ONS LTIN c ROUP, LLC.
AU,r4tTe C, /?ems 1/114t0-120Ron LLDate unther S. S amieh Date
City Manager 11122 Wurzbach Road, Suite 206
San Antonio, TX 78230
(210) 558-7500 Office
(210) 558-7612 Fax
RECOMMENDED
.
Gustav Gonzalez, 76Date
Assistant City M n er
of Public Works and Utilities
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al rie H. Gray, P. F. 2'(6 (5- Date
E cutive Director of Public W rks
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Operating Departmen atik
APPROVED AS TO LEGAL FORM
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APP OA( D
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and Budget
Project Number E12100
Accounting Unit 3549-051
Account 550810
Activity El 2100013549E
Account Category 30000
Fund Name Street CIP BOND 2012
EXHIBIT A
SCOPE OF SERVICES
Meridian Consulting Group,LLC 11122 Wurzbach Road
SourceHOV
H OV Suite 206
tiJV�+i San Antonio TX 78230
(210)558-7500 tel
(210)558-7612 fax
Website:www.sourcehov.com
September 11,2015
Ms. Veronica Ocanas
Assistant City Attorney
City of Corpus Christi—Legal Department
P.O. Box 9277
Corpus Christi,Texas 78469-9277
Via Email: veronicao@cctexas.com
RE: Salinas Construction Technologies,Ltd.
Fact Finding Analysis
Dear Ms.Ocanas:
Thank you for providing SourceHOV/Meridian Consulting Group, LLC the opportunity to be of service
to the City of Corpus Christi ("City") in connection with the above referenced matter. SourceHOV /
Meridian will work on your behalf to maintain the confidence you've shown in our organization by
choosing us for this engagement. We believe communication is vital in our assignment,and SourceHOV
/Meridian will keep you apprised of our progress as we proceed with our scope of work.
The professional services rendered by SourceHOV / Meridian shall be in accordance with the standard
and accepted industry practices and principals. SourceHOV /Meridian's work product and
communications with regard to this file shall be considered privileged and confidential, and any such
communications, documents, work materials, etc., shall be disclosed by SourceHOV /Meridian only to
the City, unless SourceHOV /Meridian receives direction from you or another authorized representative
of the City directing other action to be taken.
SourceHOV/Meridian will gladly provide you with a copy of our Certificate of Insurance that details the
insurance coverage SourceHOV/Meridian has in effect if the verification is requested.
SourceHOV / Meridian will submit its invoice to you for professional services rendered and expenses
reasonably incurred in the performance of our assignment on a monthly basis, and the terms of our billing
are net 30 days. We have enclosed a copy of our current Consulting Fee Schedule and a projected budget
for your review and approval.
Thanks again for choosing SourceHOV/Meridian to provide professional consultant services in response
to your request, and we can assure you that we will do all we can to exceed your expectations. If you
have any questions,or if we can be of further assistance to you or The City,please contact me.
Sincerely,
9vIuntler S. Slcanziel
Munther S. Shamieh
Director,Construction Services
Consulting Fee Schedule—2015
TITLE RATE PER HOUR
Expert Testimony $285.00
Executive/Expert $180.00
Project Executive $175.00
Senior Project Manager $170.00
CPM Schedule Analyst $165.00
Project Manager $160.00
Accountant $155.00
Estimator $155.00
Superintendent $155.00
Field Engineer $150.00
Quality Control $140.00
Research Tech $130.00
Data Processor $125.00
Administrative Assistant $ 95.00
Total Projected Budget for Initial Phase,Litigation Phase Excluded: $37,575.00
• Document Review
o Munther Shamieh 10 hours X$175=$1,750.00
o Karl Moser 25 hours X$170=$4,250.00
• Attend meetings&hearing
o Munther Shamieh 5 hours X $175=$875.00
o Karl Moser 15 hours X$170=$2,550.00
• Research
o Munther Shamieh 20 hours X$175 =$3,500.00
o Karl Moser 30 hours X$170=$5,100.00
• Draft report
o Munther Shamieh 30 hours X$175=$5,250.00
o Karl Moser 50 hours X$170=$8,500.00
• Finalize report
o Munther Shamieh 10 hours X$175=$1,750.00
o Karl Moser 15 hours X$170=$2,550.00
• Expenses&Mileage* $1,500.00
*Mileage rate as allowed by IRS
•
EXHIBIT B
SAMPLE PAYMENT REQUEST FORM
Sample form for
COMPLETE PROJECT NAPEPayment Request
Revised 0727!00
Project No.XXXX
• Invoice No.12345
Invoice Date:
Total Amount Previous Total Percent
Basic Services: Contract Amd No.1 Amd No.2 Contract Invoiced Invoice Invoice Complete
Preliminary Phase $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100%
Design Phase 2,000 1,000 0 3,000 1,000 500 1,500 50%
Bid Phase 500 0 250 750 0 0 0 0%
Construction Phase 2,500 0 1,000 3,500 0 0 0 0%
Subtotal Basic Services $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30%
Additional Services:
Permitting $2,000 $0 $0 $2,000 $500 $0 $500 25%
Warranty Phase 0 1,120 0 1,120 0 0 0 0%
Inspection 0 0 1,627 1,627 0 0 0 0%
Platting Survey TBD TBD TBD TBD TBD TBD TBD 0%
O8 M Manuals TBD TBD TBD TBD TBD TBD TBD 0%
SCADA TBD TBD TBD T80 TBD TBD TBD 0%
Subtotal Additional Services $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11%
Summary of Fees
Basic Services Fees $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30%
Additional Services Fees 2,000 1,120 1,627 4,747 500 0 500 11%
Total of Fees ` $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23%
•
EXHIBIT B-1
CONFIDENTIAL RATE SHEET
Rate sheets are confidential pursuant to section 552.104 of the Texas
Government Code since release of this information would give advantage to a
competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects
third party commercial and financial information if release of the information would
cause the third party substantial competitive harm.
EXHIBIT B-1: HOURLY RATES
DOCUMENTATION OF PROVISIONAL/OVERHEAD RATES
Overhead rate documentation has been provided to the
City of Corpus Christi and was utilized in reviewing and
approving the loaded hourly rates below.
TITLE RATE PER HOUR
Expert Testimony $285.00
Executive/Expert $180.00
Project Executive $175.00
Senior Project Manager $170.00
CPM Schedule Analyst $165.00
Project Manager $160.00
Accountant $155.00
Estimator $155.00
Superintendent $155.00
Field Engineer $150.00
Quality Control $140.00
Research Tech $130.00
Data Processor $125.00
Administrative Assistant $ 95.00
ADD ADDITIONAL SUBCONSULTANTS AS NEEDED
Contract for Professional Services
Exhibit B-1