HomeMy WebLinkAboutC2016-460 - 9/15/2016 - NA •
CITY OF CORPUS CHRISTI
CONTRACT FOR PROFESSIONAL SERVICES
FOR PROJECT E16349 - Bayfront Park Phase 1 Kiosk Building AC Modifications
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 Bath Engineering, 5656 S. Staples Street, Suite 110, Corpus Christi, Nueces County,
Texas 78411, (Consultant), hereby agree as follows:
TABLE OF CONTENTS
ARTICLE NO. TITLE PAGE
ARTICLE I SCOPE OF SERVICES 2
ARTICLE II QUALITY CONTROL 2
ARTICLE III COMPENSATION 3
ARTICLE IV TIME AND PERIOD OF SERVICE 4
ARTICLE V OPINIONS OF COST 5
ARTICLE VI INSURANCE REQUIREMENTS 5
ARTICLE VII INDEMNIFICATION 5
ARTICLE VIII TERMINATION OF AGREEMENT 6
ARTICLE IX RIGHT OF REVIEW AND AUDIT 6
ARTICLE X OWNER REMEDIES 7
ARTICLE XI CONSULTANT REMEDIES 8
ARTICLE XII CLAIMS AND DISPUTE RESOLUTION 8
ARTICLE XIII MISCELLANEOUS PROVISIONS 9
EXHIBIT A SCOPE OF SERVICES
EXHIBIT A-1 TASK LIST
EXHIBIT B SAMPLE PAYMENT REQUEST FORM
EXHIBIT B-1 CONFIDENTIAL RATE SHEET
EXHIBIT C INSURANCE REQUIREMENTS
EXHIBIT D DISCLOSURE OF INTEREST
EXHIBIT E CERTIFICATE OF INTERESTED PARTIES (FORM 1295)
EXHIBIT F Excerpt from Corpus Christi General Conditions for Construction Projects
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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 in accordance with the standard of care defined in
Article XIII of this Agreement.
1.2 Consultant shall comply with City standards, as specified in the Unified Development Code (UDC) or
Code of Ordinances at the time of the execution of the contract, throughout the duration of the Project, 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. Consultant must
provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of
work performed by subconsultant. Changes in Consultant's team that provides services under this Agreement
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 F.
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 in order to make an informed, written
recommendation to City concerning the responsibilities of the lowest bidders. In determining a bidder's
responsibilities, factors considered include, without limitation, the bidder's experience, capacity,
supervision, ability to maintain project budget and schedule, past performance and safety record.
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.
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2.3 Final construction documents that do not meet City standards may be rejected. 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 $10,080.00.
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, as shown in Exhibit B-1, with their proposal. City and Consultant
agree that the Rate Schedule is considered confidential information that may be excluded from public disclosure
under Texas Government Code Chapter 552 as determined by the Texas Attorney General.
3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project
schedule and budget as defined in Exhibit A, including completing the work in phases defined therein.
3.4 The Director of Engineering Services may request the Consultant to undertake additional services or
tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually
agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three
(3) days of notice if tasks requested requires an additional fee.
3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each
invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time
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.
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;
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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.
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 This service shall be for a period of years beginning on the Effective Date. The Agreement may be
renewed for up to one-year renewal options upon mutual agreement of the parties to be evidenced in
writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions,
plus any approved changes.
4.3 The Consultant agrees to begin work on those authorized 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.
4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under
this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance
with the schedules approved by City. The Consultant and City are aware that many factors may affect the
Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify
the City within three 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.
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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.
5.4 The OPC must be validated and/or updated with each deliverable. If construction bids exceed the
OPC, the Consultant will redesign the project to be consistent with the OPC at no additional cost to City.
ARTICLE VI — INSURANCE REQUIREMENTS
6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained
and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence
work until all similar insurance required of any subcontractor has been obtained.
6.2 Insurance Requirements are shown in EXHIBIT C.
ARTICLE VII — INDEMNIFICATION
Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials,
officers, agents, employees or other entity, 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.
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Consultant must advise City in writing within 24 hours of any claim or demand against City or
Consultant known to Consultant related to or arising out of Consultant's activities under this
Agreement.
ARTICLE VIII —TERMINATION OF AGREEMENT
8.1 By Consultant:
8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience
of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this
Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days
by delivering a Notice of Termination to the City.
8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement.
8.2 By City:
8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the
Consultant at the address of record.
8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant.
If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to
diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again
fails to perform under this agreement, the City may terminate the agreement for cause upon seven days
written notice to the Consultant with no additional cure period. If the City terminates for cause, the City
may reject any and all proposals submitted by Consultant for up to two years.
8.3 Termination Procedure
8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the
notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period,
Consultant shall immediately begin the phase-out and discontinuance of all services in connection with
the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination,
unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement
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
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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(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.
9.2 Consultant's records include any and all information, materials and data of every kind and character
generated as a result of and relevant to the Work under this Agreement (Consultant's Records). Examples
include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence,
meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements,
notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies,
procedures, and any and all other agreements, sources of information and matters that may, in City's and
Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations
under or covered by any Agreement Documents.
9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during
Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's
Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its
designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and
appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations.
9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract.
ARTICLE X—OWNER REMEDIES
10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to
pursue its actual damages and any other remedy allowed by law. This includes but is not limited to:
10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful
completion of the Project, which includes failure of subconsultants to meet contractual obligations;
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 The City may assert a claim against the Consultant's professional liability insurance as appropriate when
other remedies are not available or offered for design deficiencies discovered during and after Project
construction.
10.3 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.
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10.4 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.
10.5 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, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond
Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time
lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be
approved in writing with a documented reason for granting the extension.
11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond
Consultant's reasonable control.
11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as
provided in this Agreement.
ARTICLE XII —CLAIMS AND DISPUTE RESOLUTION
12.1 Filing of Claims
12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events,
shall be made by Written Notice delivered by the party making the Claim to the other party within 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.
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 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 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
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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 thirty (30) calendar days after a Party
delivers a written notice of such dispute, then the Parties shall proceed with the mediation process
contained herein.
12.2.3.1 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.
12.2.3.2 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.
12.2.3.3 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 shall be deemed to have occurred.
12.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County,
Texas. Any agreement reached in mediation shall be enforceable as a settlement
agreement in any court having jurisdiction thereof. No provision of this Agreement shall
waive any immunity or defense. No provision of this Agreement is a consent to suit.
12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following
standards shall apply both to claims by Consultant and to claims by City:
12.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party
for loss of profits, delay damages or for any special incidental or consequential loss or damage of any
nature arising at any time or from any cause whatsoever;
12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven
wrong for which the other Party is claimed to be responsible.
12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible
for payment of attorney's fees pursuant to any law or other provision for payment of attorneys'fees. Both Parties
expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this
Agreement.
12.5 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 XIII —MISCELLANEOUS PROVISIONS
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13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this
Agreement contract to any other person and/or party without the prior written consent of the other party, except
for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for
services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the
termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or
partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the
Consultant without written consent of the City.
The City will not pay the fees of expert or technical assistance and consultants unless such employment,
including the rate of compensation, has been approved in writing by the City.
13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all
information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as
a result of this Agreement, including contract documents(plans and specifications), drawings and submittal data.
Consultant may make a copy for its files. Any reuse by the City, without specific written verification or adaptation
by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees
that any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed
professional prior to re-use of modified plans.
13.3 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 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.
13.4 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.
13.5 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.
13.7 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, attached as Exhibit E. Form 1295 requires disclosure of "interested parties" with respect to
entities that enter contracts with cities that exceed $50,000. These interested parties include:
(1) persons with a "controlling interest" in the entity, which includes:
a. an ownership interest or participating interest in a business entity by virtue of units, percentage,
shares, stock or otherwise that exceeds 10 percent;
b. membership on the board of directors or other governing body of a business entity of which the board
or other governing body is composed of not more than 10 members; or
c. service as an officer of a business entity that has four or fewer officers, or service as one of the four
officers most highly compensated by a business entity that has more than four officers; or
(2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a
governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business
entity.
Form 1295 must be electronically filed with the Texas Ethics Commission at
hftps://www.ethics.state.bc.us/whatsnewielf_info_form1295.htm. The form must then be printed, signed,
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notarized and filed with the City. For more Information, please review the Texas Ethics Commission Rules at
https://www.ethics.state.tx.us/legal/ch46.htm I.
13.8 Confilgt 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 CIO, please review the Information on the City Secretary's website at
httpi/www.cctexas.com/government/city-secretary/conflict-disciosure/index.
13.9 Controllino 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.
13.10 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,
causes 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.
13.11 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 BAT ENGINEERING CORPORATION
kel
-/ A
V. H. ray, P. °I I ,+ate William B. S• rk, P.E. Date
Ex « tive Di -« • •f - 146 orks Vice President
5856 S. Staples Street, Suite 110
Corpus Christi, TX 78411
(361)992-2284 Office
(361)992-2287 Fax
bstark@bathgroup.com
APPROVED AS TO LEGAL FORM
atim
eed
444/1 20160mee .141n:31:4
2016.09.1417:31:42-05'00'
City Attorney Date
Page 11 Rev.07/18
K:WRIDINEERIND D T ARKS1E16340-BAYFRONT PARK PHASE I KIOSK BUILDING AC MODIF1CATIONSOATH ENGtNEERIPAN CONTRACT PROFESSIONAL
SBAIACES.000X
•
•
Project Name Bavfront Park Phase 1 Kiosk Building AC Modifications
Project Number E16349
Accounting Unit 1030-13817-734
Account 550950
Activity E16349 01 1030 EXP
Account Category 50950
Fund Name: Hotel Occupancy Tax
Page 12 Rev.07/16
K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\PARKS\E16349-BAYFRONT PARK PHASE 1 KIOSK BUILDING AC MODIFICATIONS\BATH ENGINEERING\1 CONTRACT PROFESSIONAL
SERVICES.DOCX
PROJECT MAN-HOUR ESTIMATE r
Form B-101 /M '
ENGINEERING
TEXAS FIRM REGISTRATION NO.F-829
Project: City of Corpus Christi Kiosk HVAC Upgrade Date: 7/13/2016
Client: City of Corpus Christi. Bath Job No. --
Principal Sr. Engineer Designer Clerk Total
Man-hour Rate $190 $160 $110 $45
Total Estimated Hours 4 46 16 I 0 66
ESTIMATE Estimated Mah-hour Costs $760 $7,360 , $1,760 I $0 $9,880
SUMMARY Estimated Project Expenses $200
Sub Consultants Expenses $0
TOTAL ENGINEERING ESTIMATE $10,080
Project Scope: Determine which is the best modifications tot he building and determine the new HVAC system to be incorporated.Submit a
written report on findings with calculationsand provide a cost estimate for construction. The fee proposal does not include construction
documents,construction observations and reports or any assitance with the project closeout.
TASK DESCRIPTION Principal Sr. Engineer Designer Clerk Item Total
PROJECT DEFINITION AND ADMINISTRATION Man-hour Subtotal 12
Engineering Scope and Man-hour Estimate 2 2
Preliminary Site Inspections 2 2
Meetings-Stackholders, etc. (2 meetings) 8 8
ENGINEERING STUDY Man-hour Subtotal 54
Field investigation of existing systems 4 8 12
Evaluate Structure(Sub Consultant) 0
Update to As-Built Conditions 4 8 12
Calcualtions 8 8
Cost Estimate 6 6
Basis of Design 4 12 16
DRAWINGS Man-hour Subtotal 0
1 Title Sheet and Location Plan 0
2 Site Plan (Non-sealed-for info only) 0 0 0
3 Structual Plan (if required) 0 0 0
4 MEP Demoltion Plan 0 0 0
5 Mechanical New Work Plan 0 0 0
6 Mechanical Details and Schedules 0 0 0
7 Eletrical New Work Plan 0 0 0
SPECIFICATIONS Man-hour Subtotal 0
Div 1-15 0 0
CONSTRUCTION MANAGEMENT Man-hour Subtotal 0
Observations 0
Closeout 0
PROJECT EXPENSES Subtotal $200
Mileage 100
Reporoduction (in house) 100
Exhibit A
Texas Firm Registration No.F-829
Page 1 of 1
Basic Services:
Preliminary Phase
Design Phase
Bid Phase
Report Phase
Construction Phase
Subtotal Basic Services
Additional Services:
Permitting
Warranty Phase
Inspection
Platting Survey
Reporting
O & M Manuals
SCADA
Subtotal Additional Services
Summary of Fees
Basic Services Fees
Additional Services Fees
Total of Fees
PROJECT NAME
Project No. EXXXXX
Invoice No. 12345
Invoice Date:
Total Amount Previous Total Percent
Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete
$0
$0
$0
$0
$0
$0
$0
0%
0
0
0
0
$0
0
0
0%
0
0
0
0
0
0
0
0%
0
0
0
0
0
0
0
0%
0%
0
0
0
0
0
0
0
$0
$0
$0
$0
$0
$0
$0
0%
$0
$0
$0
$0
$0
$0
$0
0%
0
0
0
0
0
0
0
0%
0
0
0
0
0
0
0
0%
0
0
0
0
0
0
0
0%
0
0
0
0
0
0
0
0%
TBD
TBD
TBD
TBD
TBD
TBD
0
0%
TBD
TBD
TBD
TBD
TBD
TBD
TBD
0%
$0
$0
$0
$0
$0
$0
$0
0%
$0
$0
$0
$0
$0
$0
$0
0%
0
0
0
0
0
0
0
0%
$0
$0
$0
$0
$0
$0
$0
0%
EXHIBIT B-1
CONFIDENTIAL RATE SHEET
Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since
release of this information would give advantage to a competitor or bidder. In addition,section 552.110
of the TX Govt. Code protects third party commercial and financial information if release of the
information would cause the third party substantial competitive harm. Final determination of
confidentiality will be made by the Texas Attorney General.
DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has
been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded
hourly rates below.
PRINCIPALS: The Consultant must provide documentation with each payment request that clearly
indicates how a Principal's time is allocated and the justification for that allocation.
PRINCIPAL(S): HOURLY RATE ($/hr) TX REGISTRATION#:
CU//f/Qm lL /1D. a'
Project Consultant:
CAD Techniciary//7 �r2
S Gr490�./4
Clerical:
Other—specify:4,g.Ey4;
SUBCONSULTANT(S):
(firm)
Principal(s):
Project Consultant:
CAD Technician:
Clerical
Other—specify:
Add additional subconsultants as needed.
Contract for Professional Services
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
extended reporting period provisions
and identify any limitations regarding
who is insured.
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, 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.
1.5 Consultant shall be required to submit a copy of the replacement certificate of
1 Exhibit C
Page 1 of 2
•
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 Exhibit C
Page 2 of 2
r
4`4,.,t' ;t Rev: 0.4 ` .
A .Contract Execution Procedure Date: 08/02/2016 • '
on g
Page 1
a� . Pilot Test
20. Steps 20, 21, and 22 are performed in parallel to the Staff Assistant performing Steps 23 through 25.
The Contract Funds Administrator activates the Contract in INFOR(ELECTRONIC) and emails the
1Lf information to the CFA-Finance.
51Pr ro-r
0' 21. The CFA-Finance encumbers the funds against the Contract(ELECTRONIC)
P 22. SUB PROCESS:The Purchasing Process is started. A Purchase Order is set up. h)0 MC O
-^ r 23. The Staff Assistant sends an email distribution with ONLY the fully executed contract and the NTP— 1"dB `P
attached to the A/E and copies all internal stakeholders. CLOCK STOPS aQAPs
re- . The Staff Assistant files the ELECTRONIC copy of the fully executed contract and the NTP in Workflow 9c. i 45".411.44.
a,
611) and the Project's Contract file on the PMS> Project Center. ?10
25. The Staff Assistant hand delivers the fully executed
'HARD COPY of the contract to the City Secretary, v€a•�
8�j.,1 dl��� who logs and files it in the City's system. £ ,O1 -1�-� PAL. / �u.o �(� 0r Qv
y n Metrics (o "f
5 ,
The Quality Assurance Manager will collect the metrics from the Contract Tracking Log for analysis,
1
�,,,‘ initially after three contracts have completed Step 23.The results will be reported to the Steering
NMr'OL Committee for review/input. Based on the metrics the Steering Committee may elect to continue the .
1/5t4 ` process as a pilot, with or without changes for predetermined time, or they may elect to implement the
process. Discussion and decisions will be documented in the Steering Committee Meeting minutes.
Revision History
Rev.# Date Author Description of Change
0.1 1/7/16 Vicki Marsden Created document based on Steering Committee process
improvement (See SC Meeting Minutes Nov-Dec 2015). Sent
to CFAs and Staff Assistant for peer review.
0.2 1/13/16 Vicki Marsden Made minor updates based on input from CFA's review.
0.3 2/2/16 Vicki Marsden Updated Step 16. To reflect meeting input from Legal where
they will not use voting buttons but will use electronic
signatures.
0.4 7/25/16 Melinda Cantu- Added Director of Engineering initials at step 16.
Martin/ Vicki Updated/clarified steps 7, 9, 14, 15, and 19. Added 17a and
Marsden b to clarify filing requirements.
0.4 8/2/16 Group input Added to step 14. Insurance Requirements go with contract
package. Deleted verbiage "ADDED" as it was already
included in step 16c.
? 7
_)•'\ si-eft._ C&I•inra. -+CO`a$1,015i1 5 V't Gli C?°. 6tut 't-rf ''7f*
- ,k5 , v4u&sp,„, 61_4_ .iv to-cy- (0,..1--- ,
KY�xx C o `" S' �1p l ti7c`n rRi`�� �Iv cry
4 1-,k0.__ a- i re ( (\k cA-c' ) .-e1 o,1,,r.P,---- 5 0011 U
• ,4.15est. Rev: 0.4
` = Contract Execution Procedure Date: 08/02/2016
Page 1
Pilot Test
b. SUBJECT: 'Type of Contract, e.g., A/E Professional Services Contract' 'Project Number'
'Project Name' 'Approval Needed'
c. EMAIL BODY: Please review the attached 'Type of Contract, e.g.,A/E Professional Services
Contract' 'Project Number' 'Project Name' and use the Voting Buttons on this email to
Approve, Reject, or Need More Information. If you select Reject or Need More Information
you must add your reason to the response and contact Jerry Shoemaker[contact info] or the
Project Manager[PM Name and contact info]to address your concerns in a timely manner.
d. The Staff Assistant moves the Sent email from their email box to the Sent email
CCEngineeringContracts@cctexas.com email box.
16. The Staff Assistant tracks the approval responses in the Contract Tracking Log.
a. IMPORTANT NOTE:The legal office will not use the voting buttons but will use an electronic
signature directly on the signing page. When the Staff Assistant receives the electronically
signed document they will print the signed page and place it in the HARD COPY as the official
signing page.
b. Once all responses have been received,the Staff Assistant prints and attaches the
(-OAv. -, n
, notification of all responses to the Voting to the HARD COPY of the contract. NOTE: If a voter
�0 v �G�. returns a NO vote,the Staff Assistant contacts the appropriate Project Manager to follow up
f\6,rn with the voter and resolve any issues.This step is not complete till all voters have returned
` *5
YES votes.
�/ c. The Staff Assistant puts the package in order: Memorandum, Contract, Proposal,Approvals4}" �
sh ,�`L and takes that HARD COPY of the contract package to the Director of Engineering for
0,rarwt� signature/initials on the contract and then takes the package to the Executive Director of e
� c
y , , br
rn aS Dnp Public Works for review and approval signature on the contract. Once approved,the Po-e
tJ Assistant the Executive Director of Public Works gives the executed HARD COPY to the Staff
Assistants U�fit. 9
tyeb. D,reb rr,a(1� Q ft;AA- �I,QS- L-=i(iaEN o�n� im
e)fl 17. The Staff Assistant scans (ELECTRONIC)the fully executed Contract(and holds the HARD COPY)as
two packages:
L a. The first package is the complete package with internal approvals.This package is for
internal use only and is filed in Workflow and in the project's Contract folder on the PMS>
Project Center.
Cr"' b. The second package is the one the consultant receives and does not have the internal
L t approvals.
18. The Staff Assistant creates the Notice To Proceed(NTP)using the template and uses the Director of
cij 0� Engineering's Electronic Signature and attaches it to the fully executed contract package
(ELECTRONIC)
19. The Staff Assistant sends the ELECTRONIC package to the appropriate Contract Funds Administrator
for Peer Review for accuracy. If correct,the Contract Funds Administrator advises the Staff Assistant
to proceed.The Staff Assistant continues on to Step 23 and onward. If changes need to be made the
Staff Assistant makes the corrections, discards the old (incorrect) NTP, and adds the new NTP to the
package.
`+ft. Rev: 0.4
- Contract Execution Procedure Date: 08/02/2016
Page
p, Pilot Test 1
7. The Contract Funds Administrator scans the approved proposal and the transmittal memo and files
them in the project's folder on the PMS—ELECTRONIC and holds the HARD COPY of the proposal and
transmittal memo.The Contract Funds Administrator sends an email notification to the Finance and
Resource Manager for either CIP or Operational to verify funding—ELECTRONIC(Steps 8a or 8b).
NOTE:The Contract Funds Administrator continues to Step 11 and onward. Steps 8a and b, and Steps
9a and b and Step 10a run in parallel to Steps 11 through 14.
8.
a. If funds need to be moved,the Finance and Resource Manager sends a request to City
Budget to move or realign funds—ELECTRONIC and copies all other Finance and Resource
Managers in Engineering Services.
b. The Finance and Resource Manager notifies the CFA-Finance ELECTRONIC,who pre-
encumbers the funds
c. The Finance and Resource Manager sends an email to the CFA when the funding has been
verified,which the CFA prints and adds to the Blue Back(Contract) package.
9.
a. If needed,the Finance and Resource Manager makes a formal request to the Budget Office
to move funds.
b. The Finance and Resource Manager sends the CFA-Finance notification (ELECTRONIC)to pre-
encumber funds
10. The Finance and Resource Manager emails the Contract Funds Administrator when the funds are
verified, copying the other Finance and Resource Managers in Engineering Services.
11. The Contract Funds Administrator prints the email and puts it with the HARD COPY package for
internal routing. Contract Funds Administrator creates the final Blue Back(Contract)and prints a
HARD COPY and packages with the HARD COPY proposal and transmittal memo.
12. The Contract Funds Administrator contacts the A/E and requests them come into City Hall,
Engineering Services to sign the HARD COPY contract (and holds the transmittal memo and email
verification of funds).Alternately,this can be performed electronically if the AE consents. If the A/E
is not local,the Contract Funds Administrator sends the package by return FedEx to the A/E or via
electronic format.
13. CLOCK STARTS.The A/E signs the HARD COPY blue back contract.
14. The Contract Funds Administrator gives the HARD COPY of the blue back to the Staff Assistant along
000a-
with the email address of the consultant.The Contract Funds Administrator includes the insurance
an 444\
The Staff Assistant SCANS the package(with A/E signature), logs the package in the Contract Tracking
tcsi,.,! 0 � Log, and then routes electronically for approval.The Staff Assistant opens a new email and attaches
the SCANNED ELECTRONIC blue back package(AND HOLDS THE HARD COPY)and follows these
W . instructions for Steps 15 a, b, c, and d. NOTE: •- - - . • . - •• • - • -
Ueo¢
The package consists of the Memo, proposal, and contract.anot<e11141"Gn�,�
15. 3 Qr101 �'k�Lt• 9 ria �PS
a. TO: POC for Operating Department, Legal, and Budget vert is` b, r e
*Y"c4N;f. Rev: 0.4
• Contract Execution Procedure Date: 08/02/2016
Page 1
Pilot Test
Scope
The purpose of this procedure is to perform a pilot test on small AE Professional Services Contracts,
under$25,000 in value.The goal of this improvement is to expedite the process between Step 13.,A/E
Signs Contract and Step 23., Staff Assistant Sends Notice to Proceed and Executed Contract to Internal
Distro and A/E, from the current average of 33-day to 17-days. Refer to the attached Contract Execution
Process Workflow(v0.6)to review noted improvements.
Affected Agents/Entities
Project Managers
Lead Project Manager
Director of Engineering
Contract Funds Administrators
Finance and Resource Managers
CFA-Finance
Staff Assistant
Executive Director of Public Works
Signing Authorities (Operating, Legal, Budget, and Finance Departments)
Quality Assurance Manager
A/E Consultants
Document Outputs
Accepted Proposal
Executed Contract
Internal Memo
Notice to Proceed
Pilot Study Instructions
1. The Project Manager receives the proposal from the A/E.
2. The Project Manager creates the Transmittal Memorandum using the template.
3. The Project Manager takes the HARD COPY Proposal and Transmittal Memorandum with the Lead
Project Manager.The Lead Project Manager makes the decision to either renegotiate or approve the
proposal based on past experience, knowledge of the project, and best practices. When the Lead
Project Manager approves the proposal and the Transmittal memo,the Lead Project Manager initials
and dates on the proposal HARD COPY.
4. The Director of Engineering reviews the HARD COPY proposal and transmittal memo and upon
• approval initials and dates on the proposal.
5. The Project Manager takes the HARD COPY proposal and transmittal memo to the assigned Contract
Funds Administrator.
6. The Contract Funds Administrator creates the draft contract ELECTRONIC.