HomeMy WebLinkAboutC2018-678 - 11/13/2018 - Approved CITY OF CORPUS CHRISTI
CONTRACT FOR PROFESSIONAL SERVICES
FOR PROJECT (No./Name) 18070A - Greenwood Wastewater Treatment Plant Facility Flood
Mitigation
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 Alan Plummer Associates, Inc., a Texas corporation, 5934 South Staples Street, Suite
220, Corpus Christi, Nueces County, Texas 78413, (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 9
EXHIBITS
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C2018-678
11/13/18
M2018-216
Alan Plummer Associates Inc.
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SCANNED
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 Contracts,excerpt attached
as Exhibit-D.
1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will
consult and advise the City on matters related to the Consultant's Scope of Services during the performance
of the Consultant's services.
1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze
bids and evaluate the documents submitted by bidders.
1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective
contractors, subcontractors and suppliers.
1.7 For projects that require subsurface utility investigation:
1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and
sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A andA-
4—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 $339,895.00 for a total amount not to exceed $389,595.00
3.2 The Consultant's fee will be on a lump sum or time and materials(T&M)basis as detailed in Exhibit A and
will be full and total compensation for all services and for all expenses incurred in performing these services.
Consultant shall submit a Rate Schedule with their proposal. City and Consultant agree that the Rate Schedule is
considered confidential information that may be excluded from public disclosure under Texas Government Code
Chapter 552 as determined by the Texas Attorney General.
3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule
and budget as defined in Exhibit A, including completing the work in phases defined therein.
3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks
provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed
and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three(3)days of
notice if tasks requested requires an additional fee.
3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each
invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of
billing. For work performed on a T&M Basis,the invoice shall include documentation that shows who worked on the
Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any
reimbursable expenses associated with the work. City will make prompt monthly payments in response to
Consultant's monthly invoices.
3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when
acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates.
3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than
the time of payment. Consultant further certifies that, upon submittal of a Payment Request,all services for which
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Payment Requests have been previously issued and payments received from City shall,to the best of Consultant's
knowledge,information and belief,be free and clear of liens,claims,security interests or encumbrances in favor of
Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this
Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS,
SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY,THROUGH OR UNDER THE
ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT.
3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been
submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional
compensation is due to Consultant."
3.9 City may withhold compensation to such extent as may be necessary, in City's opinion,to protect City from
damage or loss for which Consultant is responsible, because of:
3.9.1 delays in the performance of Consultant's work;
3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or
equipment;
3.9.3 damage to City; or
3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this
Agreement.
3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the
amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding
compensation as provided under this Agreement.
3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any
phase or as final compensation or regarding any amount that may be withheld by City,Consultant shall be required
to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided
herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures
as required by the terms of this Agreement, any such claim shall be waived.
3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously
made in writing and identified by Consultant as unsettled at the time of final Payment Request.
3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual
budget.The City may direct the Consultant to suspend work pending receipt and appropriation of funds. 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 ••. = - - •-- - - • . •- -• • -_ • = P. _ _ ••- =
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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
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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
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.
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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.
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.
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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.
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
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(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.
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
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representatives within their respective organizations who have overall managerial responsibility for similar
projects. This step shall be a condition precedent to the use of mediation. If the parties' senior
management representatives cannot resolve the dispute within thirty (30) calendar days after a Party
delivers a written notice of such dispute, then the Parties shall proceed with the mediation process
contained herein.
12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material
breach of this Agreement,the Party alleging such breach shall,as a condition precedent to
filing any lawsuit, request mediation of the dispute.
12.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence
no less than thirty (30) or more than ninety (90) calendar days following the date of the
request, except upon agreement of both parties.
12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the
identity of the mediator or mediators within thirty (30) calendar days of the request for
mediation, all conditions precedent in this Article shall be deemed to have occurred.
12.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County,
Texas. Any agreement reached in mediation shall be enforceable as a settlement
agreement in any court having jurisdiction thereof. No provision of this Agreement shall
waive any immunity or defense. No provision of this Agreement is a consent to suit.
12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following
standards shall apply both to claims by Consultant and to claims by City:
12.3.1 In no event shall either Party be liable,whether in contract or tort or otherwise,to the other Party for
loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature
arising at any time or from any cause whatsoever;
12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven
wrong for which the other Party is claimed to be responsible.
12.4 In case of litigation between the parties,Consultant and City agree that neither party shall be responsible for
payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties
expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this
Agreement.
12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO
WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED
TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW.
ARTICLE XIII — MISCELLANEOUS PROVISIONS
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.
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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://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
need to file a Form CIQ, please review the information on the City Secretary's website at
http://www.cctexas.com/govern ment/city-secretary/conflict-d isclosure/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.
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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 1-XIII of this Agreement(Articles),
the Articles shall take preceq - ce and control to resolve said conflict.
CITY OF CORP ' C01° ALAN PLUMMER AS OCIATES, INC.
_ (2;), October 11, 2018
Jeff . Edmonds, P.E. D. e Rex H. Hunt, P.E. Date
Dir-ctor of Engineering Services Principal
5934 South Staples Street, Suite 220
Corpus Christi, TX 78413
(361) 356-8412 Office
rhunt@apaienv.com
APPROVED
2018.10.17
12:36:37 -05'00' M20 6-.. t
I u► ��:
Assistant City Attorney Date sr Cht+ec•:._ ( ' 2.�
ATTEST
- /L.CLKC5-k-- WO'
City ' ecretary Date
Fund Name Accounting Account Activity No. Amount
Unit No.
Wastewater 2012A CIP 4248-042 550950 18070-A-4248-EXP $339,895.00
I Total $339,895.00
Contract for Professional Services
Page 11 of 11
Agreement for Professional Services APAI Project No.: 2017-152-01
Exhibit "A"
CITY of Corpus Christi, Texas
Greenwood Wastewater Treatment Plant Facility Flood Mitigation
Project No. 18070A
Scope of Services
Project Description
The City of Corpus Christi (CITY) has experienced flooding at the Greenwood Wastewater
Treatment Plant(WWTP) in the past, which has caused damage to treatment units and
equipment within the WWTP. The CITY would like to have cost-efficient improvements made to
the plant to mitigate flooding of the plant caused by La Voila Creek. Two options—a barrier wall
(levee and/or floodwall) or flood-proofing individual structures—will be investigated and
compared to find the best option for the City. Once selected, the chosen option will be designed
in detail in preparation for advertisement and construction.
BASIC SERVICES
A. Conceptual Design Phase
1.0 Project Coordination and Meetings
1.1 Project Kickoff Meeting: Conduct a Project Kickoff Meeting at the beginning of the
Conceptual Design Phase with the CITY. Consult with the CITY to clarify and define
the CITY's requirements for the Project and review scope and schedule of the project
and critical project milestones. ENGINEER shall prepare and present the following at
the kickoff meeting:
a. ENGINEER shall present an overview of work to be completed including the two
main flood mitigation options that will be investigated, the pump station concepts,
and the discharge options.
b. Draft Project Management Plan (PMP) including critical success and project risk
factors.
c. Project Baseline Schedule showing key milestones.
d. With input from CITY, establish project goals, constraints, potential project
phasing, performance criteria, risk, service life, and other parameters that will
serve as the basis of design and assessment of project alternatives.
1.2 Progress Meeting: Engineer coordinate, prepare for, and conduct one (1) progress
meetings with the CITY to review progress on the draft Conceptual Plan Report. The
meeting shall take place at the CITY's engineering office. Engineer shall prepare an
agenda for the meeting, moderate the meeting, and prepare/distribute meeting notes.
1.3 Review Meeting: Engineer coordinate, prepare for, and conduct one (1) review
meeting on the draft Conceptual Plan Report with the CITY to receive CITY
comments on the deliverable. The meeting shall take place at the CITY's engineering
office. Engineer shall prepare an agenda for the meeting, moderate the meetings,
Exhibit A
Page 1 of 9
Alan Plummer Associates, Inc. A-1
Agreement for Professional Services APAI Project No.: 2017-152-01
and prepare/distribute meeting notes. An updated project schedule will be presented
at each review meeting.
1.4 Project Management: Provide project management for Tasks 1.0 through 4.0. Project
management shall include, but not be limited to developing and implementing a
project management plan; tracking and managing internal schedules of work;
monitoring and addressing issues related to the scope of work, budget and
deliverables; preparing and processing monthly billings; providing labor resources
necessary to fulfill scoped work; and scheduling and participating in quality control
reviews.
a. ENGINEER shall coordinate design efforts on project tasks identified below.
b. ENGINEER shall prepare a common monthly invoice for all services.
1.5 Deliverables:
a. Draft and Final PMP
b. Work Plan Summary
c. Project Baseline Schedule
d. Draft and Final Meeting Notes
e. Monthly Invoices
2.0 Conceptual Geotechnical Assessment
2.1 Gather, compile and review readily-available existing geotechnical data such as
previous geotechnical investigations performed at the WWTP and geological and soil
survey maps available from public sources.
2.2 Identify Geotechnical Parameters for Flood Protection Structures— In coordination
with Task 3.3 below, identify preliminary geotechnical parameters that are relevant to
the flood protection concepts.
2.3 Identify Geotechnical Parameters for Effluent and Stormwater Pump Stations— In
coordination with Task 3.4 below, identify preliminary geotechnical parameters that
are relevant to the effluent and stormwater pump station concepts.
2.4 Cursory Geotechnical Evaluation of Existing Facilities— In coordination with Task 3.6,
perform cursory-level geotechnical evaluations to assist with development of the
alternatives. These evaluations will rely on site observations performed by
ENGINEER during the site visit under Task 1.2 and historical record drawings
provided by CITY.
2.5 Identify data gaps— Based on the results of Tasks 2.1 through 2.4, identify
geotechnical data gaps and provide recommendations for additional data collection
and geotechnical investigation. These recommendations will be summarized in the
Data Collection and Laboratory Testing Plan described under Task 2.6.
2.6 Prepare Data Collection and Laboratory Testing Plan — Based on the results of Tasks
2.0 and 3.0, develop a geotechnical sampling and testing plan. The plan will outline
ENGINGEERS recommendations for the locations and number of borings, and
associated laboratory testing, for detailed design of the flood protection and interior
drainage improvement concepts that are carried forward for more detailed
engineering evaluations under Detailed Design Phase. The plan will be available for
Exhibit A
Page 2 of 9
Alan Plummer Associates,Inc. A-2
Agreement for Professional Services APAI Project No.: 2017-152-01
use by the City in engaging a third-party geotechnical consultant for obtaining the
field borings, performing laboratory testing, and providing a geotechnical report
summarizing the field sampling and laboratory testing. The data Collection and
Laboratory Testing Plan will be provided to CITY in draft form for review. Based on
review comments provided by the CITY, finalize the Data Collection and Laboratory
Testing Plan and resubmit it to APAI.
3.0 Conceptual Flood Protection and Interior Drainage Alternatives Assessment
3.1 Perform field investigation as required to define specific areas of demolition and new
work, equipment, locations, tie-in point, and other applicable parameters required.
3.2 Describe the potential methods listed below for improved flood protection and interior
drainage (including combinations of different methods):
a. Perimeter Barrier(e.g. levee or floodwall) with Pump Station(s) and interior
drainage improvements
1. Evaluate both a levee and floodwall option, or a combination, for the
perimeter of the existing plant.
2. Develop Preliminary Cross-Sectional Geometry for Flood Protection
Concepts—Develop cursory recommendations for cross-sectional geometry
(e.g. levee or floodwall height, width, slope, footprint area, etc.).
Recommended cross sections will be provided as schematic figures prepared
in PowerPoint.
b. Develop alternative for flood proofing individual structures if levee or flood wall is
not feasible.
3.3 For each of the alternatives, prepare the following information based on a 500yr storm
event:
a. Perform preliminary two-dimensional hydraulic modeling for relative comparisons
of the alternatives in terms of their potential for adverse adjacent flooding
impacts, effectiveness of proposed interior drainage measures, and potential
flood zone alterations. Results will be applied to gain insight on the level of
FEMA flood map revisions that may be associated with each alternative.
b. Characterize the approximate encroachment within the floodplain, associated
mitigation footprint, and offset excavation volume (as applicable)
c. Perform analysis to compare and contrast the alternatives in terms of wave run-
up, wave impact loading, and the need for scour or erosion protection.
d. Based on the results of Task 2.0, evaluate geotechnical considerations such as
slope stability, seepage, and settlement.
e. Develop refined cross-sectional geometry.
f. Evaluate existing interior drainage patterns, determine stormwater pump station
location and prepare storm drain piping plan.
g. Develop preliminary opinion of probable construction costs (OPCC)for flood
protection options.
3.4 Compare the alternatives in terms of non-cost factors including footprint, alignment,
access/maneuverability issues, mitigation, wave action effects, and regulatory
implications. Recommend one of the alternatives for Detailed Design.
Exhibit A
Page 3 of 9
Alan Plummer Associates,Inc. A-3
•
Agreement for Professional Services APAI Project No.: 2017-152-01
3.5 Evaluate and make recommendations for protecting La Volla Creek side slopes
adjacent to the Plant.
3.6 Evaluate potential sources for grant funding for flood resiliency and flood mitigation.
3.7 Evaluate potential impacts on the TPDES permit of making modifications to the plant
to accommodate proposed flood-proofing methods including potentially moving the
outfall location.
3.8 Prepare a draft report to summarize results of the alternatives assessment and
provide recommendations for proceeding to detailed design, including
recommendations for hydraulic modeling and data collection. Incorporate CITY
review comments into Final Conceptual Design Report.
3.9 Identify environmental permits required for Detailed Design coordination and state
and federal agency coordination. Prepare supporting environmental documents and
Site Specific Section 404 of the CWA Permit application
3.10 Deliverables:
a. Conceptual Design Report for Flood Mitigation
b. Data Collection and Laboratory Testing Plan
c. Environmental Permit Requirement Tech Memo.
B. SUPPLEMENTARY SERVICES
1.1 Permitting: Prepare and submit permits that are not in Basic Services as applicable
to the appropriate local, state and federal authorities, including, but not limited to:
a. Temporary Discharge Permit
b. Texas Historical Commission
c. U.S. Fish and Wildlife Service
d. U.S. EPA
e. Texas Department of License and Regulation
1.2 Environmental Assessments
1.3 Water Quality Modeling:
a. Contact TCEQ to obtain the most recent water quality models of Oso Creek and
review the underlying assumptions and parameters of the models.
b. Run the model based on the obtained data and asses results.
c. Evaluate the potential alternate outfall location on Oso Creek downstream of the
confluence with La Volla Creek and identify potential permit limits at the
alternate outfall for the following discharge flow rates:
1. 8 MGD (Interim Phase I)
2. 12 MGD (Interim Phase II)
3. 16 MGD (Final Phase)
4. Two potential discharge flow rates for future plant expansion (selected by
City).
d. Evaluate the potential impacts on the permit limits if Oso Creek(TCEQ Segment
2485A) were reclassified from a tidal segment to a freshwater segment.
Reclassification of Oso Creek may increase the DO standard from 4.0 to 5.0
mg/L.
Exhibit A
Page 4 of 9
Alan Plummer Associates,Inc. A-4
•
Agreement for Professional Services APAI Project No.: 2017-152-01
e. Summarize findings in a draft technical memorandum to describe model findings
and potential permit limits fort the alternate outfall.
f. Present the model findings to the City and, if needed any approved by the City, to
the TCEQ via conference call.
g. Develop an Opinion of Probable Cost for the new outfall line to Oso Creek.
C. SCHEDULE
SCHEDULE FOR BASIC SERVICES
Submittal Delivery Schedule
Progress Meeting (1) 4 weeks after project kickoff meeting
Submittal of draft Conceptual Design Report for 11 weeks after project kickoff meeting
Flood Mitigation
Review Meeting 2 weeks after Submittal of draft
Conceptual Design Report
Submittal of Final Conceptual Design Report for 2 weeks after review meeting
Flood Mitigation
D. FEE
The CITY will pay the ENGINEER a fixed fee for providing for all "Basic Services" authorized as
per the table below. The fees for Basic Services will not exceed those identified and will be full
and total compensation for all services outlined in Section A above, and for all expenses
incurred in performing these services. The fee for this project is subject to the availability of
funds. The Engineer may be directed to suspend work pending receipt and appropriation of
funds. For services provided in Section A, ENGINEER will submit monthly statements for basic
services rendered. In Section A, the statement will be based upon ENGINEER's estimate (and
CITY concurrence) of the proportion of the total services actually completed at the time of
billing. CITY will make prompt monthly payments in response to ENGINEER's monthly
statements.
Summary of Fees
TOTAL
BASIC SERVICES FEE $254,698
SUPPLEMENTARY SERVICES FEE $85,157
TOTAL FEE (BASIC) $339,895
E. ADDITIONAL SERVICES
Various ADDITIONAL SERVICES incidental to the Project, but not within the scope of the Basic
Engineering Services covered, which may be performed or arranged for separately by the CITY,
or may be added to the Engineer's responsibilities by mutual agreement and written
authorization, include, but are not necessarily limited to, the following:
A. Site Surveying For Design
Exhibit A
Page 5 of 9
Alan Plummer Associates,Inc. A-5
•
Agreement for Professional Services APAI Project No.: 2017-152-01
1. Provide surveying services to obtain all field information needed for design including
topographic survey, staking of boring locations, and property boundary surveys.
Provide horizontal and vertical locations of existing improvements and physical
features including fences, property lines, roads, bridges, drainage structures, existing
utilities, and railroads reasonably expected to be affected by PROJECT. Provide
general locations for large trees, brush and wooded areas.
2. Provide survey notes with clear location descriptions of benchmarks and horizontal
control points.
3. Construction staking, if desired by the CITY, will be provided as a SPECIAL
SERVICE.
B. Preselection of Equipment
1. Preselection Documents
a. Provide bid documents for separate advertisement and preselection of up to five
(5) key process equipment items. It is anticipated that the oxygen injection
equipment, vortex grit removal equipment, grit pumps, grit classification
equipment, and grit basin odor control system will be bid separately, then
equipment bids assigned to the successful general contractor.
2. Review and Bid
a. Submit draft preselection documents electronically for CITY review. Upon receipt
of comments, provide twenty (20) total final copies for CITY and reviewing
entities.
b. Participate in up to four(4) meetings with equipment vendors during equipment
bid process.
c. Assist CITY with receipt, evaluation, and recommendation of award for
equipment bids.
C. Resident Project Representative
1. Provide a Resident Project Representative (RPR)to assist in observing construction
progress and quality of work as required by the CITY as follows:
2. RPR Duties and Responsibilities
a. Through observations of Contractor's work in progress and field checks of
materials and equipment, the RPR shall endeavor to provide further protection
for the CITY against defects and deficiencies in the work. RPR shall not, during
such visits or as a result of such observations of Contractors work in progress,
supervise, direct, or have control over the Contractor's Work nor shall RPR have
authority over or responsibility for the means, methods, techniques, sequences,
or procedures selected by Contractor.
b. The duties and responsibilities of the RPR are limited to those of the consultant
engineer/architect in the Agreement with the CITY and in the Contract
Documents, and are further described as follows:
c. General: RPR is Engineer's agent at the site, will act as directed by and under
the supervision of the Engineer, and will confer with the Engineer regarding
RPR's actions. RPR's dealings in matters pertaining to the Contractors work in
Exhibit A
Page 6 of 9
Alan Plummer Associates,Inc. A-6
Agreement for Professional Services APAI Project No.: 2017-152-01
progress shall in general be with Engineer and Contractor, keeping the CITY
advised as required. RPR shall communicate with CITY with the knowledge of
and under the direction of the Engineer.
d. Conference and Meetings: Attend meetings with Contractor, such as
preconstruction conferences, progress meetings,job conferences and other
project-related meetings, and prepare and circulate copies of minutes thereof.
e. Liaison: Serve as Engineer's liaison with Contractor, working principally through
Contractors superintendent and assist in understanding the intent of the Contract
Documents.
f. Interpretation of Contract Documents: Report to Engineer when clarifications and
interpretations of the Contract Documents are needed and transmit to Contractor
clarifications and interpretations as issued by Engineer.
g. Shop Drawings and Samples:
1) Record date of receipt of samples and approved Shop Drawings.
2) Receive samples which are furnished at the Site by Contractor and notify
Engineer of availability of Samples for examination.
3) Advise Engineer and Contractor of the commencement of any portion of the
Work requiring a Shop Drawing or sample submittal for which RPR believes
that the submittal has not been approved by the Engineer.
h. Review of Work and Rejection of Defective Work:
1) Conduct on-Site observations of Contractor's work in progress to assist in
determining if the Work is in general proceeding in accordance with the
Contract Documents.
2) Report whenever EPR believes that any part of Contractors work in progress
will not produce a completed Project that conforms generally to the Contract
Documents or will prejudice the integrity of the design concept of the
completed Project as a functioning whole as indicated in the Contract
Documents, or has been damaged, or does not meet the requirements of any
inspection, test or approval required to be made; and advise Engineer and
CITY of that part of work in progress that PR believes should be corrected or
rejected or should be uncovered for observation, or requires special testing,
inspection or approval.
i. Records:
1) Maintain orderly files for correspondence, reports of job conferences,
reproductions of original Contract Documents including all Change Orders,
Field Orders, Work Change Directives, Addenda, additional Drawings issued
subsequent to the Contract, Engineer's clarifications and interpretations of
the Contract Documents, progress reports, Shop Drawing and Sample
submittals received from and delivered to Contractor, and other Project
related documents.
2) Prepare a daily report or keep a diary or log book, recording Contractor's
hours on the Site, weather conditions, data relative to questions of Change
Orders, Field Orders, Work Change Directives, or changed conditions, Site
visitors, daily activities, decisions, observations in general, and specific
observations in more detail as in the case of observing test procedures; and
send copies to Engineer.
j. Reports:
1) Furnish to Engineer periodic reports as required of progress of the Work and
of Contractors compliance with the progress schedule and schedule of Shop
Drawing and Sample submittals.
Exhibit A
Page 7 of 9
Alan Plummer Associates,Inc. A-7
Agreement for Professional Services APAI Project No.: 2017-152-01
2) Report immediately to the CITY and Engineer the occurrence of any Site
accidents, any Hazardous Environmental Conditions, emergencies, or acts of
God endangering the Work, and property damaged by fire or other causes.
k. Completion:
1) Before Engineer issues a Certificate of Completion, submit to Contractor a list
of observed items requiring completion or correction.
2) Observe whether Contractor has arranged for inspections required by Laws
and Regulations, including but not limited to those to be performed by public
agencies having jurisdiction over the Work.
3) Participate in a final inspection in the company of Engineer, the CITY, and
Contractor and prepare a final list of items to be completed or corrected.
4) Observe whether all items on final list have been completed or corrected and
make recommendations to Engineer and CITY concerning completion and
issuance of the recommendation of Notice of Acceptability of the Work to the
CITY.
3. Resident Project Representative shall not:
a. Authorize any deviation from the Contract Documents or substitutions of
materials or equipment(including "or-equal" items).
b. Exceed limitations of Engineer's authority as set forth in the Agreement or the
Contract Documents.
c. Undertake any of the responsibilities of Contractor, subcontractors, suppliers, or
Contractor's superintendent.
d. Advise on, issue directions relative to or assume control over any aspect of the
means, methods, techniques, sequences or procedures of Contractor's work
unless such advice or directions are specifically required by the Contract
Documents.
e. Advise on, issue directions regarding, or assume control over safety precautions
and programs in connection with the activities or operations of the CITY or
Contractor.
f. Participate in specialized field or laboratory tests or inspections conducted off-
site by others except as specifically authorized by Engineer and CITY.
g. Accept Shop Drawing or Sample submittals from anyone other than Contractor.
h. Authorize the CITY to occupy the Project in whole or in part.
4. CITY Operating Departments (Water, Wastewater, Storm Water, Gas) may send
respective representatives to observe the work. RPR to coordinate with Operating
Department Representatives and adhere to any requests, requirements, comments,
or procedures as it affects the work.
D. O&M Manual:
1. Prepare an Operation and Maintenance (O&M) Manual for the PROJECT in
electronic format delivered on CDROM. Specific services to be performed by the
ENGINEER will be to prepare the manual in a format to be decided at a later date.
E. Warranty Assistance
1. Provide forty (40) hours of office and on-site consulting concerning the follow-up of
Contractor and equipment warranty items during the construction warranty period.
Exhibit A
Page 8 of 9
Alan Plummer Associates,Inc. A-8
Agreement for Professional Services APAI Project No.: 2017-152-01
One month prior to the end of the construction warranty period, conduct a site visit
and document all warranty items and assist in the coordination of the
repairs/replacement of the defective work.
F. Other Additional Services:
1. Other services not included in Basic Services that are approved by the CITY.
2. Electrical Master Plan to summarize power demand from all the projects in progress
and plan for additional power supply to Greenwood WWTF.
3. Design additional pumping capacity for the Influent Raw Wastewater Pump Station
and peak flow storage to address overflows at the pump station.
4. Additional site visits for Investigation beyond those provided above.
5. Additional site visits for meetings or inspections beyond those provided above.
6. Labor and Analytical costs associated with condition assessment of the existing
pipelines and/or structures.
7. Labor and Analytical costs associated with water quality sampling, not included
above.
8. GIS processing of geophysical and/or geotechnical data beyond the assumptions
provided above.
9. Preparing applications and supporting documents for grants, loans, or planning
advances for providing data for detailed applications.
10. Providing additional copies of reports, plans, specifications, and contract documents
beyond those specifically described above.
11. Preparing environmental assessments, environmental information documents, or
environmental impact statements, traffic control plans, and storm water discharge
permits, except as specifically included above.
12. Appearing before regulatory agencies or courts as an expert witness in any litigation
with third parties other than condemnation proceedings arising from the development
or construction of the Project, including the preparation of engineering data and
reports for assistance to the CITY.
13. Payment of fees for permit applications and publication(s) of notices.
14. Public relation activities and consulting services.
15. Services known to be required for completion of the Project that the CITY agrees are
to be furnished by the Engineer or by a sub-consultant that cannot be defined
sufficiently at this time to establish the maximum compensation.
Exhibit A
Page 9 of 9
Alan Plummer Associates,Inc. A-9
Sample form for:
Payment Request
COMPLETE PROJECT NAME AE Contract
Project No. XXXX Revised 02/01/17
Invoice No. 12345
Invoice Date 01/01/2017
Total Current Previous Total Remaining Percent
Basic Services: Contract Amd No. 1 Amd No. 2 Contract Invoice Invoice Invoice Balance Complete
Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0%
Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0%
Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0%
Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0%
Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3%
Additional Services:
Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0%
Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0%
Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0%
Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD
O & M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD
SCADA TBD TBD TBD TBD TBD TBD TBD TBD TBD
Subtotal Additional Services $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5%
Summary of Fees:
Basic Services Fees $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3%
Additional Services Fees $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5%
Total of Fees $8,000.00 $2,120.00 $2,877.00 $12,997.00 $1,500.00 $1,500.00 $3,000.00 $9,997.00 23.1%
Notes:
If needed, update this sample form based on the contract requirements.
If applicable, refer to the contract for information on what to include with time and materials (T&M).
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EXHIBIT B-1
CONFIDENTIAL RATE SHEET
Rate sheets are confidential pursuant to section 552.104 of the Texas Government
Code since release of this information would give advantage to a competitor or bidder.
In addition, section 552.110 of the TX Govt. Code protects third party commercial and
financial information if release of the information would cause the third party substantial
competitive harm. Final determination of confidentiality will be made by the Texas
Attorney General.
DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate
documentation has been provided to the City of Corpus Christi and was utilized in
reviewing and approving the loaded hourly rates below.
PRINCIPALS: The Consultant must provide documentation with each payment request
that clearly indicates how a Principal's time is allocated and the justification for that
allocation.
PRINCIPAL(S): HOURLY RATE TX REGISTRATION #:
($/h r)
Project Consultant:
CAD Technician:
Clerical:
Other—specify:
SU BCONSU LTANT(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
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
1 Rev 04/17
Exhibit C
Page 1 of 2
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 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.
2 Rev 04/17
Exhibit C
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a;111 SUPPLIER NUMBER
TO BE ASSIGNED BY CITY—
PURCHASING DIVISION
`oftr`f CITY OF CORPUS CHRISTI
Corpus
DISCLOSURE OF INTEREST
Christi
City of Corpus Christi Ordinance 17112, as amended,requires all persons or firms seeking to do business
with the City to provide the following information. Every question must be answered. If the question is
not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and
definitions.
COMPANY NAME: Alan Plummer Associates, Inc.
P.O.BOX:
5934 South Staples Street, p 78413
STREET ADDRESS: CITY: Cor Suite 220 us Christi ZIP:
FIRM IS: 1. Corporation ® 2. Partnership _ 3. Sole Owner ❑
4. Association 5. Other _
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest"
constituting 3%or more of the ownership in the above named"firm."
Name Job Title and City Department(if known)
N/A
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest"
constituting 3%or more of the ownership in the above named"firm."
Name Title
N/A
3. State the names of each"board member" of the City of Corpus Christi having an "ownership interest"
constituting 3%or more of the ownership in the above named"firm."
Name Board,Commission or Committee
N/A
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who
worked on any matter related to the subject of this contract and has an "ownership interest"
constituting 3%or more of the ownership in the above named"firm."
Name Consultant
N/A
EXHIBIT "E"
Page 1 of 2
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FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will confer an
economic benefit on any City official or employee that is distinguishable from the effect that the action
will have on members of the public in general or a substantial segment thereof,you shall disclose that fact
in a signed writing to the City official, employee or body that has been requested to act in the matter,
unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be
made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)]
CERTIFICATION
I certify that all information provided is true and correct as of the date of this statement,that I have not
knowingly withheld disclosure of any information requested; and that supplemental statements will be
promptly submitted to the City of Corpus Christi,Texas as changes occur.
Certifying Person: Rex Hunt Title: Principal
(Type or Prill3a4
Signature of Certifying Date: October 11 , 2018
Person:
DEFINITIONS
a. "Board member." A member of any board, commission, or committee appointed by the City
Council of the City of Corpus Christi,Texas.
b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an
effect on that interest that is distinguishable from its effect on members of the public in general or a
substantial segment thereof.
c. "Employee." I Any person employed by the City of Corpus Christi, Texas either on a full or part-
time basis,but not as an independent contractor.
d. "Firm." Any entity operated for economic gain,whether professional, industrial or commercial,and
whether established to produce or deal with a product or service, including but not limited to,entities
operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint
stock company,joint venture, receivership or trust, and entities which for purposes of taxation are
treated as non-profit organizations.
e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager,
Assistant City Managers,Department and Division Heads, and Municipal Court Judges of the City of
Corpus Christi,Texas.
f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a
firm, including when such interest is held through an agent, trust, estate, or holding entity.
"Constructively held" refers to holdings or control established through voting trusts, proxies, or
special terms of venture or partnership agreements."
g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus
Christi for the purpose of professional consultation and recommendation.
EXHIBIT"E"
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