HomeMy WebLinkAboutC2018-754 - 11/14/2018 - NA CITY OF CORPUS CHRISTI
CONTRACT FOR PROFESSIONAL SERVICES
FOR PROJECT (No./Name): E15157 Utility Building Expansion
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 WKMC Architects, Inc., a Texas corporation, 909 S. Tancahua Street, Corpus Christi,
Nueces County, Texas 78404, (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
C2018-754
11/14/18
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ARTICLE I —SCOPE OF SERVICES
1.1 The Consultant shall provide to Engineering Services its Scope of Services,to be incorporated herein and
attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for
Consultant to provide such Services, pursuant to this Agreement,and any and all Services that would normally be
required by law or common due diligence in accordance with the standard of care defined in Article XIII of this
Agreement. 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,excerrpt attached
as-Ex 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 Aand-A-
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 $49,900.00.
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.
__•__ _ _ _ _ • - - - -- _ - - • •- _ --- . 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. 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 oras 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 bo for a period of years boginning on the Effoctivc Date. The Agrcomont may be
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 oras 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.
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agrccmont. Form 1295 must be oloctronically filed with the Texas Ethics Commission at
filed with the City. For more information, please roview the Texas Ethics Commission Rules at
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-secreta ry/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.
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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 precedence and control to resolve said conflict.
CITY OF CO-PU C RISTI WKMC ARCHITECTS,INC.
Keith e man D.. e Bill T. Wilson II, FAIA Date
Interim City Manager Vice President
909 S. Tancahua Street
RECOMMEND 6 Corpus Christi, TX 78404
�� ir G �O ffice
b361)wil o8n@wkmca chitects.com
Mark Van Vleck ate
Ass- :n
nt ••er
i,, . a ►17511,9,
VP ' Date
A._
y Public � . s /
/
Jeff H. Edmonds, P. E. Date
Director of Engineering Services
APPROVED AS TO LEGAL FORM
:/71J�„Na 2018.1 1.02 09:21:23-05'00'
Assistant City Attorney Date
Contract for Professional Sernces
Page 11 of 12
K\Englneering Projects Oats ManagemenftE1sts/Utility Mudding hvpansionrs rf_Agreement:.ontracrs'AE AgreemenftwKMC Revised
•
Project Number: El 5157
Accounting Unit: 4098-061
Account: 550950
Activity: El 5157-01-4098-EXP
Account Category: 50950 Fund
Name: Water 2019 CIP
Amount: $49,900.00
Contract for Professional Services
Page 12 of 12
K:\Engineering Projects Data Management\E15157 Utility Building Expansion\3.AE Agreement Contracts\AE Agreement\WKMC Revised
•
111.,
WITECTS
October 17, 2018 - REVISED
City of Corpus Christi
Engineering Services Department
ATTN: Eliborio Pena, P.E.
1201 Leopard Street
Corpus Christi, Texas 78401
RE: Fee/Scope Proposal for Professional Services for City of Corpus Christi
Utility Building Expansion — El 5157; Meeting Minutes February 2, 2018
William S.McCord,AIA
Bill T.Wilson,II,FAIA Dear Mr. Pena,
Robert Conolly,AIA Attached is our revised proposal for Professional Services for the programming, analysis, and
Naomi Corley,RID abbreviated concept development for the proposed Utility Building Expansion (El 5157).
Jodi Goings,IIDA
Jennifer Hilliard,AlA Project Description: Addition and Renovations to the existing Utility Building to accommodate
Herbert Morrison,Ill,AIA
Connie Rivera,AIA various department office spaces, including the relocation of the Solid Waste Department from
Frank Trimble,III,AIA current facilities into an existing section of the Utility Building.
We have scoped the work to stay within the limits of the City's small contracts.
In addition to this initial Part 1 Services, we have included a description of our understanding of
the full anticipated scope, schedule, budget and services for the full implementation of this
project.
We stand ready to begin work on this project and look forward to beginning work immediately
upon authorization by the City.
Respectfully Submitted,
WKMC Architects, Inc.
Bill T. Wilson II, FAIA
Vice President
cc: Joseph Alcocer—City of Corpus Christi
Margaret Brown —WKMC Architects, Inc.
Attachments: WKMC Fee/Scope Proposal dated October 17, 2018 - REVISED; 13 pages
WKMCarchitects.com
909 S.Tancahua St. Corpus Christi,Texas 78404 v 361.887.6696 f 361.887.6697
Exhibit A
Page 1 of 14
City of Corpus Christi — Utilities Building Expansion TABLE OF
City Project No. E15157 CONTENTS
WKMC Architects, Inc.
October 17, 2018
REVISED
I. Cover Letter
II. Table of Contents
III. Architect's Preliminary Project Information
a. Preliminary Project Schedule
b. Preliminary Project Budget
IV. Architect's Preliminary Proposal Information
a. Preliminary Fee Proposal and Scope of Services
b. Scope Assumptions, Clarifications & Exclusions
V. Project Team
VI. Project Planning Meeting Minutes of February 2, 2018
WKMC Architects, Inc. I City of Corpus Christi —Utilities Building Expansion 1 of 13
Exhibit A
Page 2 of 14
•
City of Corpus Christi — Utilities Building Expansion PRELIMINARY
City Project No. E15157 PROJECT SCHEDULE
WKMC Architects, Inc.
October 17, 2018
REVISED
Architect/ Engineer Small Contract Authorization: Early December 2018
Review/Scope & Schedule: January 2—January 7, 2019
Project Program Development: January 10 — February 11, 2019
Concept Design: February 13—March 11, 2019
City Approval & Funding: April — May 2019
Design Development: June —July 2019
Construction Documents: August—October 2019
Bid / Contract: November— December 2019
Start Construction: January 2020
Technology/Owner's Equipment Installation:
• Wiring: October—November 2020
• Computer Network/Telecommunications: November— December 2020
Complete Construction: January 2021
Rain Delay (Allocation): February 2021
Complete Punchlist: March 2021
Owner Move In: April 2021
WKMC Architects, Inc. I City of Corpus Christi —Utilities Building Expansion 2 of 13
Exhibit A
Page 3 of 14
•
PRELIMINARY
City of Corpus Christi — Utilities Building Expansion PROJECT BUDGET
City Project No. E15157 as proposed by WKMC
WKMC Architects, Inc.
October 17, 2018
REVISED
Building (New): $300 x 6,867 s.f.= $2,060,000.00
Building (Renovation ±50%): $100 x 10,000 s.f.= $1,000,000.00
Site Work (15%): $540,000.00
• Site Utilities/ Earthwork:
• Parking, Curbs & Gutters:
• Walkways & Sidewalks:
• Covered Walks:
• Site Lighting:
• Site Amenities:
• Site Signage:
• Landscaping & Irrigation:
Sub-Total Construction Budget: $3,600,000.00 (TBD)
Estimated Sub-Total Construction: $3,600,000.00
Other Possible Construction Components (Other Budgets):
CCTV, Burglar Alarm, Card Key Access (Equipment Budget): $100,000.00
Furniture: TBD
Phone Systems, Computer Wiring, Switches &NV: $100,000.00
Survey: $15,000.00
Geotech/ Materials Testing: $25,000.00
Final Printing & Distribution: $5,000.00
Post Construction Contract Contingency(2%): TBD
WKMC Architects, Inc. I City of Corpus Christi — Utilities Building Expansion 3 of 13
Exhibit A
Page 4 of 14
PRELIMINARY
City of Corpus Christi — Utilities Building Expansion PROJECT BUDET
City Project No. E15157 asproposed byVVK
WKMC Architects, Inc.
October 17, 2018
REVISED
Design (10%) x Estimated Sub-Total Construction: TBD
Contract Administration (3%): TBD
Engineering Services(3%): TBD
Construction Inspection (2%): TBD
TOTAL PROJECT BUDGET: TBD
Total Current Project Budget(excluding soft costs): $3,600,000.00
WKMC Architects, Inc. I City of Corpus Christi — Utilities Building Expansion 4 of 13
Exhibit A
Page 5 of 14
•
FEE/SCOPE'
City of Corpus Christi — Utilities Building Expansion PROPOSAL FOR NE
City Project No. E15157 SERVICES
WKMC Architects, Inc.
October 17, 2018
REVISED
Basic Services Fee—Lump sum fee for limited services
■ Site Analysis/ Building Space Program: $12,500.00
■ Energy Analysis—Existing vs. New: $5,500.00
■ 3D Rendering (2 views; board mounted): $3,000.00
■ Abbreviated Concept Phase: $28,900.00
SUBTOTAL— INITIAL PHASE — PART 1: $49,900.00
Additional Services— Defined as part of City of Corpus Christi Basic Contract
(Add each item to the amount above).
■ A/E Provides One (1) Formal Presentation: $1,500.00
■ Storm Water Pollution Prevention Plan: $2,500.00
■ 3D Renderings: TBD
■ Windstorm Certification & Engineering Inspection: $7,500.00
■ Furniture Layout & Color Boards: $7,500.00
■ Landscape Architect—Landscape & Irrigation System $6,000.00
Design:
■ Signage & Graphics Design: $3,000.00
■ Coordination & Design of Limited Telecom &NV: $3,000.00
■ Security System Design
• Fire Alarm—No Added Cost Included $0
• CCTV System (if required): $3,000.00
• Burglar Alarm (if required): $2,500.00
• Card Key Access (if required)—Exterior Only: $3,000.00
■ Electronic Update & Submission of Record Documents: $6,500.00
■ One Year Warranty Inspection (Architect): $1,500.00
■ One Year Warranty Inspection (MEP —if required): $1,500.00
■ Weekly Job-Site Visits: Add: $35,000.00
WKMC Architects, Inc. I City of Corpus Christi — Utilities Building Expansion 5 of 13
Exhibit A
Page 6 of 14
•
SCOPE OF WORK:
City of Corpus Christi — Utilities Building Expansion Assumptions,Clarifications&
City Project No. E15157 Exclusions
WKMC Architects, Inc.
October 17, 2018
REVISED
Scope of Work/ Inclusions By Phase:
Site Analysis: Part of Programming
• Field Visit to Site.
• Verify building & owner parking requirements and traffic patterns.
• Verify layout of building and parking lot.
• Develop alternate site plan with proposed additions.
• Develop scope of proposed site work.
Programming Phase: $12,500.00
• Review city goals & priorities.
• Kick-off meeting with user group.
• Tours of existing facility/facilities.
• Create room-by-room space program and detailed list of design requirements
(deliverable).
• Provide analysis of existing and proposed building capacity.
• Update preliminary cost estimate and schedule (deliverable).
• Meet with user group and city staff for program submission.
HVAC/ Energy Assessments: $5,500.00
• Provide assessment/system analysis of existing mechanical system & provide
recommendations for future expansion.
Abbreviated Concept Design Phase: $28,900.00
(10% of fee)
• Modify program as directed by city.
• Code review— meet with city for traffic & utilities.
• Develop two (2) alternate (rough)floor plan layouts(deliverable).
• Develop two (2) alternate (rough) site plan layouts (deliverable).
WKMC Architects, Inc. I City of Corpus Christi —Utilities Building Expansion 6 of 13
Exhibit A
Page 7 of 14
SCOPE OF WORK:
City of Corpus Christi - Utilities Building Expansion Assumptions, Clarifications &
City Project No. E15157 Exclusions
WKMC Architects, Inc.
October 17, 2018
REVISED
• Meet with user group and city staff to review site and building plan options.
• Develop two (2) alternate exterior elevation concepts from preferred floor/site plan
(deliverable).
• Meet with user group and city staff to review exterior elevation studies.
• Upon selection of plan concepts and exterior elevation concept—refine design concept
submission to include (deliverable):
• Site Plan
• Floor Plan
• Exterior Elevation
• Outline Specifications & Materials Descriptions
• Update preliminary cost estimate (deliverable).
• Submit Concept Design Package.
• Submit written design/report and building justification as part of deliverable.
• Presentation to Staff.
• 3D Rendering (2 views; board mounted — 1 copy): $3,000.00
Design Development—Part 2: 25% Fee
• Develop approved concept design.
• Meet periodically with user group.
• Coordinate details of city provided survey and geotechnical investigation.
• Submit Design Development Package for Owner's review and approval (deliverable):
• Title Page
• Site Plan
• Floor Plan
• Wall Sections & Building Sections
WKMC Architects, Inc. I City of Corpus Christi - Utilities Building Expansion 7 of 13
Exhibit A
Page 8 of 14
SCOPE OF WORK:
City of Corpus Christi — Utilities Building Expansion Assumptions, Clarifications &
City Project No. E15157 Exclusions
WKMC Architects, Inc.
October 17, 2018
REVISED
• Reflected Ceiling Plans
• Light Layouts (Fixture Selection)
• Concept Furniture Plan
• HVAC One Line
• Electrical Outlet Locations
• Update outline material specifications (deliverable).
• Provide updated cost estimate and project schedule (deliverable).
Construction Documents Phase—Part 2: 40% Fee
• Develop construction and bid documents from approved design development
submission.
• Coordinate with Owner the use of City Standards in general and supplementary
contract conditions.
• Compile technical specifications for bidding.
• Meet with city staff and user group periodically to review progress and details of design.
• Submit 50% Construction Documents and Specifications for Owner review& comment
(deliverable).
• Submit 90% Construction Documents and Specifications for Owner review& comment
(deliverable).
• Update construction cost estimate and project schedule (deliverable).
• Submit drawings and specifications for Texas Accessibility Review(fees paid by City).
Bidding, Negotiations &Contract Phase— Part 2: 5% Fee
• Assist Owner in development of Contractor selection criteria.
• Coordinate electronic distribution of bid documents.
• Communicate with bidders and sub-bidders.
• Attend pre-bid conference.
• Issue addenda and clarification in advance of bid.
WKMC Architects, Inc. I City of Corpus Christi —Utilities Building Expansion 8 of 13
Exhibit A
Page 9 of 14
SCOPE OF WORK:
City of Corpus Christi — Utilities Building Expansion Assumptions,Clarifications&
City Project No. E15157 Exclusions,
WKMC Architects, Inc.
October 17, 2018
REVISED
• Assist Owner in receiving bids and qualifications.
• Assist Owner in reviewing bids and qualifications.
• Assist Owner in Construction Contract preparation.
• Perform post-bid value engineering analysis if project exceeds budget.
• Receive and distribute executed construction contracts, bonds& insurance.
• Issue Notice to Proceed upon Owner authorization.
Construction Phase—Part 2: 20% Fee
• Review executed contracts, bonds & insurance.
• Hold pre-construction conference.
• Hold monthly job-site meetings and review progress of work.
• Submit written field report to Owner for each site visit and meeting.
• If authorized, visit job-site weekly for construction inspection review.
• Review shop drawings and submittals.
• Prepare color selections on all product submittals—prepare three (3) color boards for
Owner review& approval.
• Review and process Applications for Payment.
• Review Materials Testing Lab Reports.
• Issue Architect's Supplemental instructions (ASI) to Contractor.
• Perform punchlist inspection.
• Receive and review closeout documents.
• Verify submission of Windstorm Design and Inspection Certification to Texas
Department of Insurance.
• Perform one (1) punchlist re-inspection.
• Authorize and coordinate Texas Accessibility Inspection prior to release of retainage to
Contractor.
WKMC Architects, Inc. I City of Corpus Christi — Utilities Building Expansion 9 of 13
Exhibit A
Page 10 of 14
SCOPE OF WORK:
City of Corpus Christi — Utilities Building Expansion Assumptions, Clarifications&
City Project No. E15157 Exclusions
WKMC Architects, Inc.
October 17, 2018
REVISED
• Receive contractor's submitted record documents, integrate all variations and field
information on the electronic drawings; submit to Owner on CD.
• Perform one-year warranty inspection prior to warranty expiration.
Inclusions:
• Storm Water Pollution Prevention Plan will be designed and specified by Civil
Engineering consultant and included in bid documents (line item fee).
• NE will make one (1)formal presentation to the City Council or other group as part of
basic services(line item fee).
• NE will bear the cost of all travel, mileage, printing, plotting and other associated
expenses as part of basic services[excluding final bid documents](line item fee).
The following items will be invoiced as additional expenses (if authorized or requested
by the City of Corpus Christi):
• Concept Design submission—copies in excess of 15
• Development and printing of 3D renderings
• Design Development submission —copies in excess of 15
• Two (2) Construction Document submissions—copies in excess of 4
• Final Bid Documents printing and distribution
• Color Board submission—copies in excess of 3—[1-Owner/1-Contractor/1-NE]
• Windstorm Design Certification and Inspection is included as part of the scope of basic
services (line item fee).
• Pre-Design services for site analysis and development of a detailed document are
included as part of the scope of basic services (line item fee).
• Landscaping and Irrigation system design and specifications are included as Owner's
Option Service (line item fee).
• Owner or Owner's technology representative shall work with NE during the design of
this project. NE design shall be limited to the following (line item fee):
Telecommunications System:
• Locate phone and data outlets on electrical plan
• Specify conduits and raceways for installation of computer wiring and phone
system under Owner's separate contract.
Computer Network:
• Locate power and data outlets on electrical plan.
WKMC Architects, Inc. I City of Corpus Christi —Utilities Building Expansion 10 of 13
Exhibit A
Page 11 of 14
•
SCOPE OF WORK:
City of Corpus Christi — Utilities Building Expansion Assumptions, Clarifications &
City Project No. E15157 Exclusions
WKMC Architects, Inc.
October 17, 2018
REVISED
• Specify conduits and raceways and protected power system, if required, for
owner's computer systems.
• Locate MDF and IDF rooms to serve Owner's network systems.
• Owner will execute separate contract for computer system wiring, switches,
racks and devices.
Audio Visual Systems:
• Locate and specify project screens and projector mounts for owner provided
NV system.
• Locate power outlets and data outlets.
• Coordinate lighting design and lighting controls for owner provided audio/video
systems.
• Specify wall mount TV brackets, if required.
• Owner to contract separately for coaxial or data cablings, TVs and computer
projectors.
■ Interior design work by NE shall be limited (as per line item)to the following:
• Develop a "concept"furniture plan
• Interior color selection of all building materials
• Coordination with Owner for creating a list of"built-in" items and list of owner
provided furniture and equipment.
• Coordination with Owner concerning color selections of building and furniture.
• Design of contractor constructed casework.
• Development of three (3) color boards for coordination of interior colors [1-
Owner/1-Contractor/1-NE]
■ Integrated building security technology design which is provided upon owner's
authorization shall be designed, as specified by MEP Engineer, and constructed as part
of construction contract.
Pending owner agreement and authorization, fee shall be as follows:
• Fire Alarm — part of basic services fee
• Burglar Alarm —owner's option (line item fee)
• CCTV System—owner's option (line item fee)
• Card Key Access (limited to exterior doors only)—owner's option (line item fee)
WKMC Architects, Inc. I City of Corpus Christi — Utilities Building Expansion 11 of 13
Exhibit A
Page 12 of 14
•
SCOPE OF WORK:
City of Corpus Christi — Utilities Building Expansion ;Assumptions, Clarifications&
City Project No. E15157 Exclusions
WKMC Architects, Inc.
October 17, 2018
REVISED
• Signage and Graphics design and coordination shall be included as part of provided
services, if authorized by owner(line item fee).
Signage will be included in the building construction contract and if authorized, will
include:
• Project construction sign
• Building plaque
• Interior room signage
• Building signage— Exterior(free-standing or building mounted)
• Site traffic signs and markings
• Site accessibility signs
Exclusions:
• No work is included in this proposal for the analysis, testing or abatement of any kind of
hazardous material or environmental assessments.
• No work is included in this proposal for the analysis, design or planning concerning any
property platting or re-platting, or any zoning or building code variances. All such work
would be considered additional services.
• No specialty consultants for the design of computer systems, telecommunications,
audio-visual or other integrated technology is included as part of this proposal. Design
team will implement City of Corpus Christi Standards.
• No off-site utility design work is included as part of basic services. If NE is asked to
design off-site utility improvements, it shall be authorized as an additional service.
WKMC Architects, Inc. I City of Corpus Christi —Utilities Building Expansion 12 of 13
Exhibit A
Page 13 of 14
City of Corpus Christi — Utilities Building Expansion PROJECT TEAM
City Project No. E15157
WKMC Architects, Inc.
October 17, 2018
REVISED
Sub-Consultants Included in Fee Proposal:
WKMC Architects, Inc. —Architect Part 1 & Part 2
LNV Engineering —Civil Engineer(Urban Engineering, if required) Part 2
REM Engineering —Structural Engineer Part 1 & Part 2
Bath Engineering —MEP Engineer(DBR Engineering, if required) Part 1 & Part 2
Gignac Landscape Architecture—Landscape Architect Part 2
• Consultants which may be utilized by NE at Architect's expense/option if not performed
in-house:
o Roofing Consultant
o Building Code Consultant
Consultants Specifically Excluded from Basic A/E Services:
Technology Consultant
Audio/Video Consultant
WKMC Architects, Inc. I City of Corpus Christi —Utilities Building Expansion 13 of 13
Exhibit A
Page 14 of 14
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
0 & 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. Exhibit B
If applicable, refer to the contract for information on what to include with time and materials (T&M). 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 from said changes.
Exhibit C
Page 1 of 2
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.
Exhibit C
Page 2 of 2