HomeMy WebLinkAboutC2018-178 - 3/29/2018 - NA •
CITY OF CORPUS CHRISTI
CONTRACT FOR PROFESSIONAL SERVICES
FOR PROJECT(No./Name) 18072A- Health Dept Bldg. Heat Load Analysis & Energy Model
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 3
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 7
ARTICLE X OWNER REMEDIES 7
ARTICLE XI CONSULTANT REMEDIES 8
ARTICLE XII CLAIMS AND DISPUTE RESOLUTION 8
ARTICLE XIII MISCELLANEOUS PROVISIONS 10
EXHIBITS
2018-178
3/29/18
Ceneapb P,me.bnr semen.
Bath Engineering Pepe 1 of 11
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 ExhibitA The Scope of Services shall Include all associated services required for
Consultant to provide such Services,pursuant to this Agreement,and any and all Services that would normally be
required by law or common due diligence In accordance with the standard of care defined In Article XIII of this
Agreement. The approved Scope of Services defines the services to be performed by Consultant under this
Agreement
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 folowed 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 servicesagreedto
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 subconsultantsthat Includes the services performed by subconsultaM and the%
of work performed by subconsultant(In dollars). Changes in Consultant's proposed team as specified in the SOO
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 underthis Agreement until they are briefed on
the scope of the Project and are notified in wilting 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 : : : - :: .. .. . : :. : : . . .... . . _. . .. . ,. , _..
etherwvse-.
Connotfor Professional Swims
Page 2 of 11
•
•
•
ARTICLE II—QUALITY CONTROL
2.1 The Consultant agrees to perform qualityassurance-qualitycontoUconstructabllity 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$6,500.00.
3.2 The Consultant's fee will be on a lump sum or time and materials(T&M)basis as detailed in ExhibitA 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. 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 detennlned by the Texas Attorney General.
3.3 The Consultant agrees to complete the Scope of Services In accordance wlth 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 offee wlll be mutually agreed
and evidenced in writing as an amendment to this contract. Consultant shall notifythe 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 Consultants 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.
Contract for Pofaabnal Santos
Page 3 of 11
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 Consultants
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 labororservices 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 Citys opinion,to protect City from
damage or loss for which Consultant Is responsible,because of-.
3.9.1 delays in the performance of Consultants 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 cavy 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 oras final compensation or regarding any amouM 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 Cityunderthis Agreement are subjectto the appropriation of funds in its annual
budget.The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right
tosuspendwork 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).
ap6reved-ebengeer . . .
Contact Professional Santee
Page 4 of 11
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 underthis
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 Consultants
ability to complete the services to be provided underthis agreement. The Consultant must notifythe Citywithin ten
business days of becoming aware of a factor that may affect the Consultants 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,Consultants
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 Consultants best judgment as a design professional familiar with the
construction Industry,but Consultant cannot and does not guarantee proposals,bids or the construction cost shall
not vary from the OPC prepared by Consultant.
ARTICLE VI—INSURANCE REQUIREMENTS
6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained
and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence
work until all similar Insurance required of any subcontractor has been obtained.
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 attomey 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
Contact for Pmfesional Servos
Page 5 of 11
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 applyto any liability resulting from the negligent acts or
omissions of the City or its employees,to the extent of such negligence.
Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and
against any and all claims,damages, liabilities or costs,Including reasonable attorney fees and
court costs, if the claim is not based wholly or partly on the negligence of,fault of or breach of
contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or
breach of contract by Indemnitee,the Consultant shall reimburse the City's reasonable attorney's
fees in proportion to the Consultant's liability.
Consultant must advise City In writing within 24 hours of any claim or demand against City or
Consultant known to Consultant related to or arising out of Consultant's activities under this
Agreement.
ARTICLE VIII—TERMINATION OF AGREEMENT
8.1 By Consultant
8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience
of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this
Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days
by delivering a Notice of Termination to the City.
8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement.
8.2 By City.
8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the
Consultant at the address of record.
8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If
Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently
cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to
perform under this agreement,the City may terminate the agreement for cause upon seven days written
notice to the Consultant with no additional cure period. If the City terminates for cause,the City may reject
any and all proposals submitted by Consultant for up to two years.
8.3 Termination Procedure
8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the
notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period,
Consultant shall immediately begin the phaseout 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.
comes for Pmfe.w,w Services
Peps e 0(11
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 8
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 duly 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
Consultants 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 maybe 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 them is an ongoing dispute
under thio Agreement,then such retention period shall extend until final resolution of the dispute.
9.2 Consultants 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(Consultants Records). Examples include
billings, books, general ledger,cost ledgers, invoices, production sheets,documents,correspondence,meeting
notes,subscriptions,agreements,purchase orders, leases,contracts,commibnents,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 Consultants 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 Consultants Records only during
Consultants regular business hours. Consultant agrees to allow City's designee access to all of Consultants
Records,Consultants facilities and Consultants current employees,deemed necessary by City or its designee(s),
to perform such audit,inspection or examination. Consultantalso agreesto 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 couLactual 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 invoked
had services been properly executed by the Consultant.
10.1.3 Losses are incurred because of errors and/or omissions in the design, worldng 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.
Cannot for Professional Set
Paso 7 of 11
•
10.2 When the City incurs non-value added work costs for change orders due to design errors and%oromissbns,
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 Consultants 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 Citys 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, acts of the public enemy,governmental resblctions, laws or regulations or any other causes beyond
Consultant's and Ciys 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 partywbhln 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
Contract for Prof W onel services
Page B of 11
•
•
this Agreement.
122 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 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 folowing
standards shag 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 Hinged 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 attorneys 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 LAWSUR,WHICH IMMUNITY IS EXPRESSLY RETAINED
TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW.
Contract for PMessbMl Sets
Pepe a on 11
•
ARTICLE XIII—MISCELLANEOUS PROVISIONS
13.1 Assianabtlity. 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 Citywill 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 shal exclusively own any and all
information In whatsoever form and character produced and/or maintained In accordance with,pursuantto oras a
result of this Agreement, Including contract documents(plans and specifications), drawings and submittal data.
Consultant may make a copy for its flies. My reuse by the City,without specific written verification or adaptation by
Consultant,shall be a Citys 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 bya 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 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 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.
13.6 Entre Aaeeme.1. 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 No Third Party Beneficiaries. Nothing In this Agreement can be construed to create rights in anyentityother
than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering
into this Agreement
13.8 Disclosure of Intents!. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and
complete the Disclosure of Interests Porn.
13.9 Certificate of Interested Parties. For contracts greater than 550,000, 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
htgn:Itwww.athlcs.state.tx.us/whetsnew/ef Info—form1295.htm. The form must then be printed,signed and
filed with the City. For mom information, please review the Texas Ethics Commission Rules at
https://www.ethics.state.bc.us/legal/ch46.html.
Coned nor FwesYontl aeMoe.
Pege10 or 11
•
13.10 gagagniffmg. Consultant agrees,In compliance with Chapter 178 of the Taxes Lona Government
Code,bcomplete and file Form CIO with theCaa Seaslarys Office. For mon Infonnaton and to Sterna iyou
need to fie a Form CIO, please review the nforrnatorh on the City Secretary's waits at
blight/www.ocbwe.com/govemmsnUdgNecreterylconita-0Nelosuafirtlsx
13.11 Centreline Law. ThIsAgreement is governed bythe tithe State of Tevof Texeswithoutregard tots cordials
of laws. Venue for legal proceedings lies eadwNey In Nusoes County,Tea Cases must be fled and Med In
Nueces County and cannot be removed from Nueces County.
13.12 gdwahlilly. if,for any reason,any one or more Andes and/or paragraphs of this Agreement an held
Invalid or unenforceable, such invaldky or unerlforoeahllty shag not aged, Impair or invalidate the remaining
Articles and/or paragraphs of this Agreement but shat be confined in Its effect to the noodle Artlde,sentences,
clauses aparts dthle Agreement held Invalid or unenforceable,and the Sweaty tyarunenbcaablyofaryMicle,
sentence,clause or parts of this Agreement,In any one or more Instance,al not affect or pre4udice In anyway
the validly of this Agreement In any other Instance.
13.13 rdmflatliaolutlgtmeat Consultant hereby fan and acknovbdpes t anything
contained In the Consultant-prepared Exhibit A, Consultants Scope of Services, or contained n any other
document prepared by Corauitentand Included hen*,Is IncorildvdihMklee I-XIII dthis Agreement(MISs),
the Articles stel take precedence and control to reeolvs said Gonad.
OF «•.,T H BATIENGINPERING
40/
tri. Vida
sff l- Edmonds,P.E. el8. E.
Director of Engineering Services Principal
5956 S.Staples Sheet,Sub 110
Corpus Christi,TX 78411
(361)992-2284 Office
bstamtibetdgroup.com
APPROVED
7VWi 2018.03.12 12:14:57
'�`
Assistant Cly Attorney Date
gored NunbarI8Qna
Accounting Unit 5115-40300-191
Aood;d 5 215
Adley 18072A5115D0'
Fund Name FecNtes OAM
Anourt;8.500.00
Cawst*RgMWnl eeNs
Par II sill
in Health Dept.Bldg.
Heat Load Analysis and Energy Model
I t. ' f•' ' N C.
February 19, 2018
City of Corpus Christi
Dana Espinal, MBA
1201 Leopard St
Corpus Christi, Texas 78401
Reference: 18072A-Health Dept.Bldg-Heat Load Analysis and Energy Model Project
Fee Proposal
Dear Mrs. Espinal,
Bath Engineering is pleased to provide a proposal for the following:
h ealth Dept. Bldg. — Heat Load Analysis 5k Enen2.04 del
Bath Engineering Scope of Work includes:
Perform the necessary field investigation and technical assessments at the above
referenced location to provide the following:
• Heat Load Analysis
• IBC 2015 Energy Code Model
Bath Engineering deliverable includes:
Report containing Heat Load Analysis and Energy Model.
Schedule
1. Upon receipt of Purchase Order from the City of Corpus Christi, report will be
submitted within two (2) weeks after that date.
Bath Engineering Corporation fee proposal for this Engineering service is:
Total Fee Proposal $6,500.00
Please let me know if there are any questions or if further information is needed.
ereAi,
ak•
•Ai
Charles Cofer
Project Manager
Bath Engineering Cor. .ration
5656 South Staples St. -uite 110, CC TX 78411
(361)992-2284 x130 p
(361) 739-5365 c
Exhibit A
Page 1 of 1
BATH ENGINEERING CORPORATION TEXAS FIRM REGISTRATION NO.F1►29
5656 S.Stapes St.,Suite 110 • Corpus Chr46,Texas 78411 • Phone 361.992.2284 • Fax 381.992.2287
Basle Sellas:
Preliminary Phase
Design Phase
Bid Phase
Construction Phase
Subtotal Basic Sellas
Additional Services:
Permitting
Warranty Phase
Inspection
Platting Survey
0 & M Manuals
SCADA
Subtotal Additional Services
Summary of Fees:
Basic Services Fees
Additional Services Fees
Total of Fees
Contract
Amd No. 1
COMPLETE PROJECT NAME
Protect No. )000(
Invoice No. 12345
Invoice Date 01/01/2017
Amd No.2
Total
Contract
Current
Invoice
Previous
Invoice
Total
Invoice
Sample form for.
Payment Request
AE Contract
Revised 07/01/17
Remaining
Balance
Percent
Complied
$1,000.00
50.00
$0.00
51,000.00
$0.00
$1,000.00
51,000.00
$0.00
100.0%
$2,000.00
$1,000.00
$0.00
$3,000.00
$1,000.00
3500.00
$1,500.00
31,500.00
50.0%
$500.00
$0.00
$250.00
$750.00
$0.00
$0.00
$0.00
5750.00
0.0%
52,500.00
50.00
$1,000.00
$3,500.00
50.00
$0.00
50.00
$3,500.00
0.0%
$8,000.00
31,000.00
$1,250.00
$8,250.00
31,000.00
$1,500.00
$2,500.00
$5,750.00
30.3%
$2,000.00
50.00
30.00
32,000.00
$500.00
$0.00
3500.00
51,500.00
25.0%
$0.00
51,120.00
30.00
31,120.00
50.00
$0.00
$0.00
$1,120.00
0.0%
30.00
$0.00
$1,827.00
31,627.00
50.00
$0.00
50.00
51,827.00
0.036
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
52,000.00
51,120.00
51,627.00
$4,747.00
3500.00
$0.00
$500.00
$4,247.00
10.5%
$8,000.00
51,000.00
51,250.00
56,250.00
11,000.00
31,500.00
52,500.00
$5,750.00
30.3%
52,000.00
$1,120.00
51,827.00
$4,747.00
$500.00
$0.00
$500.00
$4,247.00
10.556
38,000.00
$2,120.00
52,877.00
512,997.00
31,500.00
51,500.00
33,000.00
$9,997.00
23.1%
Mbffi
N needed, update this sample form based on lire contract requirements.
If applicable, refer to the contract for Information on what to include with time and materials (TBMJ.
EXHIBIT B-1
CONFIDENTIAL RATE SHEET
Rate sheets are confidential pursuant to section 552.104 of the Texas Government
Code since release of this information would give advantage to a competitor or bidder.
In addition, section 552.110 of the TX Govt. Code protects third party commercial and
financial information if release of the information would cause the third party substantial
competitive harm. Final determination of confidentiality will be made by the Texas
Attorney General.
DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate
documentation has been provided to the City of Corpus Christi and was utilized in
reviewing and approving the loaded hourly rates below.
PRINCIPALS: The Consultant must provide documentation with each payment request
that clearly indicates how a Principal's lime is allocated and the justification for that
allocation.
PRINCIPAL(S): HOURLY RATE TX REGISTRATION#:
($Thr)
Project Consultant:
CAD Technician:
Clerical:
Other—specify:
SUBCONSULTANT(S):
(firm)
Principal(s):
Project Consultant:
CAD Technician:
Clerical
Other—specify:
Add additional subconsultants as needed.
Exhibit B-1
Confidential Rate Sheet
Page 1 of 1
•
EXHIBIT C
Insurance Requirements
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 Certiticetes 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 Per occurrence- aggregate
applicable policy endorsements
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) $500,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
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
! Rev 04/17
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 In the event of a change in insurance coverage, Consultant shall be required to
submit a copy of the replacement certificate of insurance to City at the address provided
below within 10 business days of said change. Consultant shall pay any costs 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 List the City and its officers, officials, employees 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
professional liability/Errors& Omissions policy;
1.6.2 Provide for an endorsement that the"other insurance"clause shall not apply
to the City of Corpus Christl where the City is an additional Insured shown
on the policy;
1.6.3 If the policy is cancelled, other than for nonpayment of premium, notice of
such cancellation will be provided at least 30 days in advance of the
cancellation effective date to the certificate Calder,
1.6.4 If the policy is cancelled for nonpayment of premium, notice of such
cancellation will be provided within 10 days of the cancellation effective
date to the certificate holder.
1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of
2 Rev 04/17
coverage, Consultant shall notify City of such lapse in coverage and 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 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 Consultants 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.
3 Rev 04/17