HomeMy WebLinkAboutC2018-519 - 8/3/2018 - NA f
CITY OF CORPUS CHRISTI
CONTRACT FOR PROFESSIONAL SERVICES
18123A Standard Specifications and Details Update 2018
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 Freese and Nichols, Inc., a Texas corporation, 800 N. Shoreline Blvd., Suite 1600N,
Corpus Christi, Nueces County, Texas 78401, (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
ARTICLEIVII 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
•
C2018-519
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Freese and Nichols Inc.
SCANNED
' , 1
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. 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 followed unless specifically and explicitly excluded from doing so in the approved Scope of Services
attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed
must be in writing.
1.3 Consultant shall provide labor,equipment and transportation necessary to complete all services agreed to
hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform
work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant
must provide City with a list of all subconsultants that includes the services performed by subconsultant and the%
of work performed by subconsultant(in dollars). Changes in Consultant's proposed team as specified in the SOQ
or Scope of Services must be agreed to by the City in writing.
1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on
the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either
Consultant or City may request a review of the changes with an appropriate adjustment in compensation.
1.5 Consultant will provide monthly status updates(project progress or delays)in the format requested by the
City with each monthly invoice.
1.6 For design services,Consultant agrees to render the professional services necessary for the advancement
of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its
responsibilities,as defined and described in City's General Conditions for Construction Contractseew-0-attasheel
as-Exhibit-D.
1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will
consult and advise the City on matters related to the Consultant's Scope of Services during the performance
of the Consultant's services.
1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze
bids and evaluate the documents submitted by bidders.
1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective
contractors, subcontractors and suppliers.
1.7 For projects that require subsurface utility investigation:
1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and
sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A and A-
1. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated
otherwise.
1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local
franchises, electric companies, communication companies, private pipeline companies and 3rd party
owners/operators.
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1.8 For project with potential utility conflicts:
1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts.
1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City.
1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule
and budget as defined in Exhibit A, including completing the work in phases defined therein.
ARTICLE II —QUALITY CONTROL
2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews(QCP Review).
The City reserves the right to retain a separate consultant to perform additional QCP services for the City.
2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy
applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the
QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as
needed.
2.3 Final construction documents that do not meet City standards in effect at the time of the execution of
this Agreement may be rejected. If final construction documents are found not to be in compliance with this
Agreement, Consultant will not be compensated for having to resubmit documents.
ARTICLE III —COMPENSATION
3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of
Services for this Agreement shall not exceed $49,278.
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.
- - •-- - • -•- -- - - - - -- -- - - ' - -• - --- . 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.
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3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than
the time of payment. Consultant further certifies that, upon submittal of a Payment Request,all services for which
Payment Requests have been previously issued and payments received from City shall,to the best of Consultant's
knowledge,information and belief,be free and clear of liens,claims,security interests or encumbrances in favor of
Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this
Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS,
SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY,THROUGH OR UNDER THE
ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT.
3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been
submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional
compensation is due to Consultant."
3.9 City may withhold compensation to such extent as may be necessary, in City's opinion,to protect City from
damage or loss for which Consultant is responsible, because of:
3.9.1 delays in the performance of Consultant's work;
3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or
equipment;
3.9.3 damage to City; or
3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this
Agreement.
3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the
amount withheld shall be made within,30 days. City shall not be deemed in default by reason Qf 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. The right
to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with
section 3.5 above for services provided up to the date of suspension.
ARTICLE IV—TIME AND PERIOD OF SERVICE
4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date).
4.2 This service shall be for a poriod of years boginning on the Effective Date. The Agreement may be
waved-changes:
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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 ten
business days of becoming aware of a factor that may affect the Consultant's ability to complete the services
hereunder.
4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not
delay the project.
4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the
Project, including any extra work and any required extensions thereto, unless terminated as provided for in this
Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the
construction phase of the Project, i.e., Final Completion.
ARTICLE V—OPINIONS OF COST
5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for
construction of the Project.
5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of
the City.
5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or
over the contractor's methods of determining prices,or over competitive bidding or market conditions,Consultant's
opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's
experience and qualifications and represent Consultant's best judgment as a design professional familiar with the
construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall
not vary from the OPC prepared by Consultant.
ARTICLE VI —INSURANCE REQUIREMENTS
6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained
and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence
work until all similar insurance required of any subcontractor has been obtained.
6.2 Insurance Requirements are shown in EXHIBIT C.
ARTICLE VII —INDEMNIFICATION
Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials,
officers,agents,employees,excluding the engineer or architect or that person's agent,employee
or subconsultant,over which the City exercises control ("Indemnitee")from and against any and
all claims,damages, liabilities or costs,including reasonable attorney fees and court costs,to the
extent that the damage is caused by or results from an act of negligence, intentional tort,
intellectual property infringement or failure to pay a subcontractor or supplier committed by
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Consultant or its agent, Consultant under contract or another entity over which Consultant
exercises control while in the exercise of rights or performance of the duties under this
agreement.This indemnification does not apply to any liability resulting from the negligent acts or
omissions of the City or its employees, to the extent of such negligence.
Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and
against any and all claims, damages, liabilities or costs, including reasonable attorney fees and
court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of
contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or
breach of contract by Indemnitee,the Consultant shall reimburse the City's reasonable attorney's
fees in proportion to the Consultant's liability.
Consultant must advise City in writing within 24 hours of any claim or demand against City or
Consultant known to Consultant related to or arising out of Consultant's activities under this
Agreement.
ARTICLE VIII —TERMINATION OF AGREEMENT
8.1 By Consultant:
8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience
of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this
Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days
by delivering a Notice of Termination to the City.
8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement.
8.2 By City:
8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the
Consultant at the address of record.
8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If
Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently
cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to
perform under this agreement, the City may terminate the agreement for cause upon seven days written
notice to the Consultant with no additional cure period. If the City terminates for cause,the City may reject
any and all proposals submitted by Consultant for up to two years.
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.
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8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City
may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time&
Materials calculation or Consultant and City's estimate of the proportion of the total services actually
completed at the time of termination. There will be no compensation for anticipated profits on services not
completed.
8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of
public funds. The failure of Consultant to comply with the submittal of the statement and documents, as
required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for
services performed under this Agreement.
ARTICLE IX—RIGHT OF REVIEW AND AUDIT
9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of
Consultant's records relating to the performance of the Work under this Agreement, during the term of this
Agreement and retention period herein. The audit,examination or inspection may be performed by a City designee,
which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its
records for a minimum of four(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.
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10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions,
the City will send the Consultant a letter that includes:
(1) Summary of facts with supporting documentation;
(2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense;
(3) Calculation of non-value added work costs incurred by the City; and
(4) Deadline for Consultant's response.
10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's
sole cost if,in the City's judgment,the Consultant generates excessive addenda,either in terms of the nature of the
revision or the actual number of changes due to the Consultant's errors or omissions.
10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III.
ARTICLE XI —CONSULTANT REMEDIES
11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national
emergency, 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.
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12.2 Mediation
12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and
settlement negotiations for purposes of applicable rules of evidence.
12.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out
of or related to this Agreement through discussions directly between those senior management
representatives within their respective organizations who have overall managerial responsibility for similar
projects. This step shall be a condition precedent to the use of mediation. If the parties' senior
management representatives cannot resolve the dispute within 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.
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ARTICLE XIII —MISCELLANEOUS PROVISIONS
13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this
Agreement contract to any other person and/or party without the prior written consent of the other party,except for
routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services
under this Agreement. If the Consultant is a partnership or joint venture,then in the event of the termination of the
partnership or joint venture,this contract will inure to the individual benefit of such partner or partners as the City
may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without
written consent of the City.
The City will not pay the fees of expert or technical assistance and consultants unless such employment, including
the rate of compensation, has been approved in writing by the City.
13.2 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 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 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 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other
than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering
into this Agreement.
13.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and
complete the Disclosure of Interests form.
13.9 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with
Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this
agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at
https:l/www.ethics.state.tx.us/whatsnew/elf info_form1295.htm. The form must then be printed,signed and
filed with the City. For more information, please review the Texas Ethics Commission Rules at
https://www.ethics.state.tx.us/legal/ch46.html.
13.10 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government
Code,to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you
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need to file a Form CIO, please review the information on the City Secretary's website at
http://www.cctexas.com/government/city-secretary/conflict-disclosure/index.
13.11 Boycott Israel. As required by Chapter 2270,Government Code, Consultant hereby verifies that it does not
boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification,
"boycott Israel"means refusing to deal with,terminating business activities with,or otherwise taking any action that
is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a
person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for
ordinary business purposes.
13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts
of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in
Nueces County and cannot be removed from Nueces County.
13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held
invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining
Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences,
clauses or parts of this Agreement held invalid or unenforceable,and the invalidity or unenforceability of any Article,
sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way
the validity of this Agreement in any other instance.
13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything
contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, or contained in any other
document prepared by Consultant and included herein,is in conflict with Articles I-XIII of this Agreement(Articles),
the Articles shall take precedence and control to resolve said conflict.
CITY OF CO- US C RISTI/ le./;j6.
z FR SE D NICHOLS, INC.
"', �/_i��/��i�4%f. U. / l$ � 'i�1•• July 27, 2018
Keith Selman, Da Ron Guzman, P. E., Date
Interim City Manager PrincipalNice President
800 N. Shoreline Blvd., Suite 1600N
,7i7d 6Corpus Christi, TX 78401
� fl.
2 ��1 (361) 561-6500 Office
Mark Van Vleck, rg@freese.com
Assistant City Martel
k II l),„_ atiii i/si ib
V. Ie ie H. Gra , P. E. Date
Ex.'utive O'rec,: •f -ubl'- fI'rks
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eff H. Edmonds, P. E., gate
Director of Engineering Services
APPROVED AS TO LEGAL FORM
9(A)/A . 2018.07.27 12:25:33-05'00'
Assistant City Attorney Date
Page 11 Rev. 18-4
K ENGINEERING DATAEXCNANGE\VELMAPIENGINEERING SERVICES DEPARTMENT118123A SPECIFICATION UPDATE 201812018-0430 CONTRACT PROFESSIONAL SERVICES DOC
Standard Specifications and Details Update 2018 (Project No. 18123A)
Accounting Unit 3548-051
Account 550950
Activity El 7083-01-3548-EXP
Account Category 50950
Fund Name ST 2012 GO Bond 2008
Page 12 Rev.18-4
K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\18123A SPECIFICATION UPDATE 20180018-0430 CONTRACT PROFESSIONAL SERVICES.DOC
•
FREESE
rill?NICHOLS
800 N.Shoreline Blvd.,Suite 1600N • Corpus Christi,Texas 78401 • 361-561-6500 • fax 361-561-6501
June 26, 2018
Mr.Jeff Edmonds, P.E.
Director of Engineering Services
City of Corpus Christi
P. O. Box 9277
Corpus Christi,Texas 78469-9277
Re:Standard Specifications and Details Update 2018(18123A)
Dear Mr. Edmonds,
At the request of your staff, Freese and Nichols, Inc. (FNI) is pleased to submit a Small AE proposal to
provide professional services to update and amend the City's Standard Specifications and Details for
Street,Storm Water, Water, and Wastewater in support of Bond 2018 design, bidding and construction.
The scope of the proposed engineering design services is as follows:
1. FNI will attend one(1) meeting with City staff to:
a. Determine issues with existing standard design details and specifications
b. Receive guidance on desired updates to standard design details and
specifications from the City.
2. FNI will review and update (general edits only)existing City Standard Specifications for
Streets and Utilities to be used immediately on City public improvement projects.
Reformatting the existing specifications is not included in this scope. City Standard
Specifications will include those designated in the attached Exhibit A. FNI will update
the City's Index of Specifications with new revision dates. FNI will review and update a
maximum of four(4)additional specifications based on the existing specification
template created by FNI under previous City contracts. The selection of specifications
will be determined at a later date. FNI will edit the specifications based on local
industry standard methods and City of Corpus Christi preferences.
3. FNI will review and update existing City Standard Detail Sheets for Streets and Utilities.
City standard detail sheets will include the following:
a. Cover Sheet and Standard Testing Schedule
i. Add call block and miscellaneous information to cover sheet
ii. Edits to subgrade,concrete,and HMAC testing frequency
b. Curb,Gutter,and Sidewalk Details
i. Edits to sidewalk retaining curb, curb and gutter, pavement transitions
c. Driveway Details
i. Edits to expansion joint material,concrete driveway summary
d. Crosswalk Detail
i. Edits to standard crosswalk marking details
ii. Addition of speed table details to Crosswalk Detail sheet
e. Storm Water Details
EXHIBIT "A"
Page 1 of 8
•
i. Edits to curb inlets, MH riser, ring and cover, inlet throat,joint wrap
f. SWPPP and EPIC Sheets
i. Edits to inlet protection requirements
ii. Edits to EPIC sheets and additional notes
g. Water Details(Final scope TBD by Utility Department)
i. Edits to concrete thrust blocks,water services, DIP, PVC,embedment
h. Wastewater Details(Final scope TBD by Utility Department)
i. Edits to MH covers,concrete MHs/liner,service markers,embedment
4. FNI will assemble and submit a draft of the specifications and design details,one(1)
digital and two(2) hard copies,for City review and comment.
5. FNI will respond to City comments and will submit one(1)digital and two(2) hard
copies of the final documents for the City's use.
6. FNI will attend up to three(3)meetings with Engineering and/or Utilities Staff to
facilitate project coordination.
Project Assumptions:
1. If FNI sees the scope of services changing so that additional services are needed,FNI will
notify the City in writing and seek approval prior to proceeding with work efforts.
2. Updates to TDLR/ADA standard detail sheets is not included in this scope
3. Updates to the cycle track standard details are not included in this scope
The City staff will:
1. Assign a project manager to oversee the project
2. Provide all relevant data required to support updated design details and specifications
3. Review and provide comments on the draft details and specifications
Project Fee and Schedule
Date Activity Fee
Coordinate and meet with City for
Within 1 week of Notice to Proceed guidance on updates and provide $6,333.00
and continuing throughout project project coordination and reporting.
Submit draft details and specifications $28,490.00
Within 8 weeks of Notice to Proceed for City Review and Comment
Within 6 weeks of receipt of City Submit final details and specifications
comments on draft submittal for City projects $14,455.00
Total Fee $49,278.00
Freese and Nichols, Inc. proposes to perform the scope of services listed above for the lump-sum fee of
$49,278.00. We look forward to working with your team on this project. Please feel free to contact me
at 361.561.6500 if you have any questions.
Respectfully,
_.I1
Ron Guzman,P.E.' ;
Principal/Vice President
Enclosures
EXHIBIT "A"
Page 2 of 8
EXHIBIT A
CITY STANDARD CONSTRUCTION SPECIFICATIONS INDEX
Note: Specifications shown below with bold and underline font are included in this scope
DIVISION 2-SITEWORK REV.DATE
020 SITE ASSESSMENTS&CONTROLS
020100 Survey Monuments 10-30-14
020400 Automated Storm Water Sampling System *
021 SITE PREPARATION
021020 Site Clearing&Stripping 10-30-14
021040 Site Grading 10-30-14
021080 Removing Abandoned Structures 10-30-14
022 EARTHWORK
022020 Excavation&Backfill forUtilities 03-25-15
022021 Control of Ground Water 10-30-14
022022 Trench Safety for Excavations 10-30-14
022040 Street Excavation 10-30-14
022060 Channel Excavation 03-25-15
022080 Embankment 10-30-14
022100 Select Material 10-30-14
022420 Silt Fence 10-30-14
023 FOUNDATIONS,BORINGS,PILES&CAISSONS
023020 Jacking, Boring,Tunneling(S-65) *
023040 Tunnel Liner Plate(S-65A) *
023080 Timber Foundation Piling(S-95) *
024 RAILROAD&MARINE
024020 Railroad Tracks(S-130) *
024060 Marine Timber(S-93) *
024080 Timber Piling For Pier Construction(5-94) *
025 ROADWAY
0252 SUBGRADES AND BASES
025202 Scarifying and Reshaping Base Course 10-30-14
025205 Pavement Repair,Curb,Gutter,Sidewalk&Driveway Replacement 11-09-16
025208 Soil-Cement Base(S-17) *
025210 Lime Stabilization 10-30-14
025213 Asphalt Stabilized Base(5-26) *
025215 Cement Stabilized Caliche Base(5-47)NOT FOR USE ON CITY ROADWAYS *
025223 Crushed Limestone Flexible Base 03-25-15
025224 Flexible Base-Shell with Sand Admixture(S-25) *
NOTE-ALL STANDARD SPECIFICATIONS SHOULD BE REVIEWED BY THE RESPONSIBLE DESIGN CONSULTANT FOR USE AS
APPLICABLE TO THEIR PROJECT.THE ASTERISKED*SPECIFICATIONS HAVE NOT BEEN RECENTLY REVIEWED FOR USE AND MAY
CONTAIN OBSOLETE REFERENCES OR MATERIALS.THEY ARE INCLUDED FOR GENERAL REFERENCE ONLY AND SHOULD NOT BE
USED WITHOUT CAREFUL REVIEW FOR APPLICABILITY TO THE CURRENT APPLICATION AND SPECIFIC AUTHORIZATION BY CITY.
CORPUS CHRISTI PLAN PREPARATION STANDARDS Page 1 of 6
CONSTRUCTION SPECIFICATIONS INDEX Rev. 11-09-2016
EXHIBIT "A"
Page 3 of 8
0254 ASPHALTS AND SURFACES
025402 Planing Asphalt Surfaces(S-27A)
025404 Asphalts,Oils,&Emulsions 10-30-14
025407 Asphalt Recycling In Place(Hot Recycle Method)(5-27)
025410 Asphalt Crack Sealing(S-36)
025412 Prime Coat 10-30-14
025414 Aggregate for Surface Treatment 03-25-15
025416 Seal Coat 03-25-15
025418 Surface Treatment 03-25-15
025419 Slurry Seal(S-37)
025422 Cold Mix Limestone Rock Asphalt Pavement(S-33)
025424 Hot Mix Asphalt Concrete Pavement 03-25-15
0256 CONCRETE WORK
025608 Inlets 03-25-15
025610 Concrete Curb&Gutter 03-25-15
025612 Concrete Sidewalks&Driveways 03-25-15
025614 Concrete Curb Ramps 03-25-15
025620 Portland Cement Concrete Pavement 03-25-15
0258 TRAFFIC CONTROLS&DEVICES
025802 Temporary Traffic Controls During Construction 10-30-14
025803 Traffic Signal Adjustments 10-30-14
025805 Work Zone Pavement Markings 10-30-14
025807 Pavement Markings(Paint and Thermoplastic) 10-30-14
025813 Preformed Thermoplastic Striping,Words&Emblems 03-25-15
025816 Raised Pavement Markers . 10-30-14
025818 Reference Specification-TxDOT DMS-4200 Pavement Markers TxDOT
(Reflectorized)
025828 Reference Specification-TxDOT DMS-6130 Bituminous Adhesive TxDOT
For Pavement Marker
26 UTILITIES
0262 GENERAL
026201 Waterline Riser Assemblies 10-30-14
026202 Hydrostatic Testing of Pressure Systems 10-30-14
026204 PVC Pipe—Pressure Pipe for Wastewater Force Mains, 10-30-14
Irrigation Systems,and Water Transmission Lines—ASTM D2241
026206 Ductile Iron Pipe &Fittings 10-30-14
026210 PVC Pipe—AWWA C900/C905 Pressure Pipe for Municipal Water 03-25-15
Mains and Wastewater Force Mains
026212 Molecularly Oriented PVC Pipe(MOP)AWWA C909 *
026214 Grouting Abandoned Utility Lines 10-
30-14
NOTE-ALL STANDARD SPECIFICATIONS SHOULD BE REVIEWED BY THE RESPONSIBLE DESIGN CONSULTANT FOR USE AS
APPLICABLE TO THEIR PROJECT.THE ASTERISKED*SPECIFICATIONS HAVE NOT BEEN RECENTLY REVIEWED FOR USE AND MAY
CONTAIN OBSOLETE REFERENCES OR MATERIALS.THEY ARE INCLUDED FOR GENERAL REFERENCE ONLY AND SHOULD NOT BE
USED WITHOUT CAREFUL REVIEW FOR APPLICABILITY TO THE CURRENT APPLICATION AND SPECIFIC AUTHORIZATION BY CITY.
CORPUS CHRISTI PLAN PREPARATION STANDARDS Page 2 of 6
CONSTRUCTION SPECIFICATIONS INDEX Rev. 11-09-2016
EXHIBIT "A"
Page 4 of 8
0264 WATERLINES
026402 Waterlines 03-25-15
026404 Water Service Lines 03-25-25
026406 Private Water Service Lines(S-112)
Form WS-1,Form W-2,Foundation Exhibit,Site Plan
026409 Tapping Sleeves&Tapping Valves 03-25-15
026411 Gate Valves for Waterlines 03-25-15
026413 Butterfly Valves for Waterlines(S-85B)
026416 Fire Hydrants 03-25-15
026430 Bar Wrapped Concrete Steel Cylinder Pipe 10-30-14
0266 WASTEWATER FORCE MAINS
026602 Wastewater Force Main 10-30-14
026604 Air Release Valves for Wastewater(S-96)
026608 Polyethylene Pipe for Sliplining Force Mains(S-59A)
026610 Reinforces Plastic Mortar Liner Pipe for San FM's(S-67)
026612 Fiberglass Pipe for Slip Lining(S-67A)
27 WASTEWATER&STORM WATER
0272 GENERAL
027200 Control of Wastewater Flows 10-30-14
027202 Manholes 03-25-15
027203 Vacuum Testing of Wastewater Manhole and Structures 10-30-14
027205 Fiberglass Manholes 03-25-15
027207 Rehabilitation of Manholes and Wetwells with Shotcrete(S-74)
0274....STORM WATER
027402 Reinforced Concrete Pipe Culverts 03-25-15
027404 Concrete Box Culverts 1.0-30-14
027414 Culvert Rehabilitation Flexible Lining Process
0276 WASTEWATER (GRAVITY)
027602 Gravity Wastewater Lines 07-01-15
027604 Disposal of Waste From WastewaterCleaning Operations 10-30-14
027606 Wastewater Service Lines 10-30-14
027608 Private Wastewater Services
Form WS-1,Form S-2,Foundation Exhibit,Site Plan
027611 Cleaning and Televised Inspection of Conduits 03-25-15
027614 Cured in Place Pipe(CIPP)for Rehabilitation of Gravity Wastewater Line 10-30-14
027616 Profiled Wall HD Polyethylene for SlipLining(S-73)
027618 Wastewater Line Rehabilitation-Pipe Bursting 03-25-15
NOTE-ALL STANDARD SPECIFICATIONS SHOULD BE REVIEWED BY THE RESPONSIBLE DESIGN CONSULTANT FOR USE AS
APPLICABLE TO THEIR PROJECT.THE ASTERISKED*SPECIFICATIONS HAVE NOT BEEN RECENTLY REVIEWED FOR USE AND MAY
CONTAIN OBSOLETE REFERENCES OR MATERIALS.THEY ARE INCLUDED FOR GENERAL REFERENCE ONLY AND SHOULD NOT BE
USED WITHOUT CAREFUL REVIEW FOR APPLICABILITY TO THE CURRENT APPLICATION AND SPECIFIC AUTHORIZATION BY CITY.
CORPUS CHRISTI PLAN PREPARATION STANDARDS Page 3 of 6
CONSTRUCTION SPECIFICATIONS INDEX Rev. 11-09-2016
EXHIBIT "A"
Page 5 of 8
•
028 SITE IMPROVEMENTS&LANDSCAPING
028020 Seeding 03-25-15
028040 Sodding 03-25-15
028200 Mail Box Relocation 10-30-14
028300 Fence Relocation 10-30-14
028320 Chain Link Fence 10-30-14
028340 Chain Link Security Fence 10-30-14
028360 Chain Link Security Fence Special Application
028370 Barbed Wire Fence 10-30-14
028380 Sanitary Landfill Fence
028810 Recreational Equipment
DIVISION 3-CONCRETE
030 CONCRETE,GROUT
030020 Portland Cement Concrete 10-30-14
032020 Reinforcing Steel 10-30-14
036020 Stucco and Plaster(S-123)
037040 EPDXY Compounds(5-44)
038000 Concrete Structures 03-25-15
DIVISION 4-MASONRY
040 MASONRY
041020 Structural Clay Tile for Floor&Sidewalk(S-22)
041080 Brick Pavers 10-
30-14
• 042020 Concrete Masonry Unit(Sq21) * •
DIVISION 5-METALS
050 METALS
050200 Welding 10-30-14
053700 Landfill Vehicle Scale System(S-11g) *
053820 Pre-Fabricated Steel Bridge
055420 Frames,Grates,Rings,&Covers 03-25-15
055440 Aluminum Grating(S-110)
057220 Aluminum Handrails(S-98)
DIVISION 6—WOOD&PLASTIC
060 WOOD&PLASTIC
061810 Shelter Construction(S-102)
066000 Fiberglass V-Notched Weir Plate(S-111)
NOTE-ALL STANDARD SPECIFICATIONS SHOULD BE REVIEWED BY THE RESPONSIBLE DESIGN CONSULTANT FOR USE AS
APPLICABLE TO THEIR PROJECT.THE ASTERISKED*SPECIFICATIONS HAVE NOT BEEN RECENTLY REVIEWED FOR USE AND MAY
CONTAIN OBSOLETE REFERENCES OR MATERIALS.THEY ARE INCLUDED FOR GENERAL REFERENCE ONLY AND SHOULD NOT BE
USED WITHOUT CAREFUL REVIEW FOR APPLICABILITY TO THE CURRENT APPLICATION AND SPECIFIC AUTHORIZATION BY CITY
CORPUS CHRISTI PLAN PREPARATION STANDARDS Page 4 of 6
CONSTRUCTION SPECIFICATIONS INDEX Rev. 11-09-2016
EXHIBIT "A"
Page 6 of 8
DIVISION 7—THERMAL&MOISTURE PROTECTION
070 BUILDINGS
070020 Asbestos Removal(5-1)
070120 Rough and Finish Carpentry(5-120)
074320 Cedar Shingle Roofing(5-4)
075220 Built-Up Asphalt RoofSystem(S-108)
078220 Concrete Tile Roofing(5-122)
DIVISION 8—DOORS&WINDOWS
DIVISION 9-FINISHES
090 FINISHES
097020 Exposed Aggregate Finish for Concrete Sidewalks(S-51)
099020 Painting(S-56)
DIVISION 10-SPECIALTIES
DIVISION 11-EQUIPMENT
110 EQUIPMENT
113100 Fiberglass Reinforced Plastic Wet Well(5-64)
113120 Wet Well Ventilation System(5-113)
113130 Chlorination System(S-19)
DIVISION 12—FURNISHINGS
•
DIVISION 13—SPECIAL CONSTRUCTION
130 SPECIAL CONSTRUCTION
132010 Ground Storage Tank for Water(Bolted Steel)
DIVISION 15-MECHANICAL
150 MECHANICAL
1506 MECHANICAL&PROCESS PIPE&FITTINGS
150620 Plumbing(5-90)
1510 MECHANICAL&PROCESS VALVES
151010 Gate Valves(S-103)
151020 Check Valves(5-104)
151030 Eccentric Plug Valves(5-105)
151040 Surge Relief Valves(5-106)
151050 Shear Gate(S-107)
151060 Flap Gate(Drainage)(S-76A)
NOTE-ALL STANDARD SPECIFICATIONS SHOULD BE REVIEWED BY THE RESPONSIBLE DESIGN CONSULTANT FOR USE AS
APPLICABLE TO THEIR PROJECT.THE ASTERISKED*SPECIFICATIONS HAVE NOT BEEN RECENTLY REVIEWED FOR USE AND MAY
CONTAIN OBSOLETE REFERENCES OR MATERIALS.THEY ARE INCLUDED FOR GENERAL REFERENCE ONLY AND SHOULD NOT BE
USED WITHOUT CAREFUL REVIEW FOR APPLICABILITY TO THE CURRENT APPLICATION AND SPECIFIC AUTHORIZATION BY CITY.
CORPUS CHRISTI PLAN PREPARATION STANDARDS Page 5 of 6
CONSTRUCTION SPECIFICATIONS INDEX Rev. 11-09-2016
EXHIBIT "A"
Page 7 of 8
1515 FLOWMETERS
151502 Ultrasonic Doppler Flow Meter and Recorder(S-118) *
1516 PUMPS&COMPRESSORS
151620 Submersible Pumps forWastewater(5-114)
151630 Propeller Pumps(S-38)
151640 Submersible Grinder Pumpsfor Wastewater
DIVISION 16-ELECTRICAL
160 ELECTRICAL
161001 Lift Station Electrical Materials(S-18)
In addition to the bold/underlined specifications above,four(4)new specifications will be developed and
added to the Specification Index. Two(2)additional specifications,one(1)for cycle tracks and one(1)for
traffic signals,will also be added to the Specification Index.
•
•
NOTE-ALL STANDARD SPECIFICATIONS SHOULD BE REVIEWED BY THE RESPONSIBLE DESIGN CONSULTANT FOR USE AS
APPLICABLE TO THEIR PROJECT.THE ASTERISKED•SPECIFICATIONS HAVE NOT BEEN RECENTLY REVIEWED FOR USE AND MAY
CONTAIN OBSOLETE REFERENCES OR MATERIALS. THEY ARE INCLUDED FOR GENERAL REFERENCE ONLY AND SHOULD NOT BE
USED WITHOUT CAREFUL REVIEW FOR APPLICABILITY TO THE CURRENT APPLICATION AND SPECIFIC AUTHORIZATION BY CITY.
CORPUS CHRISTI PLAN PREPARATION STANDARDS Page 6 of 6
CONSTRUCTION SPECIFICATIONS INDEX Rev. 11-09-2016
EXHIBIT "A"
Page 8 of 8
EXHIBIT B
SAMPLE PAYMENT REQUEST FORM
Sample form for
Payest
COMPLETE PROJECT NAME Revised
7/27/00
Revised 07/27!00
Project No.XXXX
Invoice No.12345
Invoice Date:
Total Amount Previous Total Percent
Basic Services: Contract Amd No.1 Amd No.2 Contract Invoiced Invoice Invoice Complete
Preliminary Phase $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100%
Design Phase 2,000 1,000 0 3,000 1,000 500 1,500 50%
Bid Phase 500 0 250 750 0 0 0 0%
Construction Phase 2,500 0 1,000 3,500 0 0 0 0%
Subtotal Basic Services $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30%
Additional Services:
Permitting $2,000 $0 $0 $2,000 $500 $0 $500 25%
Warranty Phase 0 1,120 0 1,120 0 0 0 0%
Inspection 0 0 1,627 1,627 0 0 0 0%
Platting Survey TBD TBD TBD TBD TBD TBD TBD 0%
0&M Manuals TBD TBD TBD TBD TBD TBD TBD 0%
SCADA TBD TBD TBD TBD TBD TBD TBD 0%
Subtotal Additional Services $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11%
Summary of Fees
Basic Services Fees $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30%
Additional Services Fees 2,000 1,120 1,627 4,747 500 0 500 11%
Total of Fees $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23%
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 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:
Contract for Professional Services
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 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 holder.
1.6.2 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 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 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.
Contract for Professional Services