HomeMy WebLinkAboutC2019-400 - 6/21/2019 - NA i
CITY OF CORPUS CHRISTI
CONTRACT FOR PROFESSIONAL SERVICES
FOR PROJECT: Senior and Recreation Center Multiple Location Improvements (Bond 2018—FMAC)
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 6
ARTICLE X OWNER REMEDIES 7
ARTICLE XI CONSULTANT REMEDIES 7
ARTICLE XII CLAIMS AND DISPUTE RESOLUTION 8
ARTICLE XIII MISCELLANEOUS PROVISIONS 9
EXHIBITS
SC ntract for Professional Services
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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 ached
ac Exhibit D
1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will
consult and advise the City on matters related to the Consultant's Scope of Services during the performance
of the Consultant's services.
1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze
bids and evaluate the documents submitted by bidders.
1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective
contractors, subcontractors and suppliers.
1.7 For projects that require subsurface utility investigation:
1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and
sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A and A-
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 $43.144.00.
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 in compliance with the Texas Prompt Payment Act.
3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when
acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates.
3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than
the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which
Payment Requests have been previously issued and payments received from City shall,to the best of Consultant's
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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).
renewed for up to one year renewal options upon mutual a:
prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any
4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the
Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional
Services until requested in writing by the Consultant and written authorization is provided by the Director of
Engineering Services.
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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.
Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any
and all claims,damages,liabilities or costs, including reasonable attorney fees and court costs,if the claim
is not based wholly or partly on the negligence of,fault of or breach of contract by Indemnitee. If a claim is
based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant
shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability.
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Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant
known to Consultant related to or arising out of Consultant's activities under this Agreement.
ARTICLE VIII —TERMINATION OF AGREEMENT
8.1 By Consultant:
8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience
of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this
Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days
by delivering a Notice of Termination to the City.
8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement.
8.2 By City:
8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the
Consultant at the address of record.
8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If
Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently
cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to
perform under this agreement, the City may terminate the agreement for cause upon seven days written
notice to the Consultant with no additional cure period. If the City terminates for cause,the City may reject
any and all proposals submitted by Consultant for up to two years.
8.3 Termination Procedure
8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the
notice otherwise directs, or Consultant takes action to cure a failure to perform under the cure period,
Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the
performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless
Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in
detail the services performed under this Agreement prior to the effective date of termination. City retains the
option to grant an extension to the time period for submittal of such statement.
8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement,
including but not limited to specifications, designs, plans and exhibits.
8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City
may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time&
Materials calculation or Consultant and City's estimate of the proportion of the total services actually
completed at the time of termination. There will be no compensation for anticipated profits on services not
completed.
8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of
public funds. The failure of Consultant to comply with the submittal of the statement and documents, as
required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for
services performed under this Agreement.
ARTICLE IX— RIGHT OF REVIEW AND AUDIT
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
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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
(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
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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
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
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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.
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.
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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
. - • - - '- •.- - - . ... _. -- - -:••- •
agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at
filed with the City. For more information, please review 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-secretary/conflict-disclosu re/index.
13.11 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color,
religion, national origin, gender, disability or age.
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 [-XIII of this Agreement(Articles),
the Articles shall take precedence and control to resolve said conflict.
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CITY OF CORPUS CHRISTI WKMC ARCHITECTS, INC.
// Call.vits&jWcalik 4 June 2019
Pe er Zanoni Date William S. McCord Date
City Manager President
909 S. Tancahua Street
Corpus Christi,TX 78404
(361) 887-6696 Office
RECOMMENDED wmccord@wkmcarchitects.com
' 11K)41/(:4‘
Mark Van Vleck ate
Assistant City Manager
ky= 6,--611) 6,.lJti2tA
Jeff ' • onds, P. E. Date
Director of Engineering Services
APPROVED AS TO LEGAL FORM
' 2019.06.05
08:48:29 -05'00'
Assistant City Attorney Date
Contract for Professional Services
Page 11 of 12
Project: 18166D Garden Senior Center
Accounting Unit: 3295-191
Account: 550950
Activity: 18166-D-3295-EXP
Account Category: 50950
Fund Name: PK&RC2019 BD18
Amount: $$3,186.00
Project: 18166E Greenwood Senior Center
Accounting Unit: 3295-191
Account: 550950
Activity: 18166-E-3295-EXP
Account Category: 50950
Fund Name: PK&RC2019 BD18
Amount: $6,424.00
Project: 18166G Northwest Senior Center
Accounting Unit: 3295-191
Account: 550950
Activity: 18166-G-3295-EXP
Account Category: 50950
Fund Name: PK&RC2019 BD18
Amount: $9,649.00
Project: 18166H Oveal Williams Senior Center
Accounting Unit: 3295-191
Account: 550950
Activity: 18166-H-3295-EXP
Account Category: 50950
Fund Name: PK&RC2019 BD18
Amount: $4,032.00
Project: 18167B Joe Garza Recreation Center
Accounting Unit: 3295-191
Account: 550950
Activity: 18167-B-3295-EXP
Account Category: 50950
Fund Name: PK&RC2019 BD18
Amount: $5,266.00
Project: 18167C.Lindale Recreation Center
Accounting Unit: 3295-191
Account: 550950
Activity: 18167-C-3295-EXP
Account Category: 50950
Fund Name: PK&RC2019 BD18
Amount: $14,587.00
Contract for Professional Services
Page 12 of 12
►\d
\AktiWITECTS
April 17, 2019/ Revised May 7, 2019/ Revised May 15, 2019
City of Corpus Christi
Engineering Services
ATTN: Joe Johnson, FMAC Program Manager
1201 Leopard Street
Corpus Christi, Texas 78401
RE: Fee/Scope Proposal for Professional Services for
William S.McCord,AIA City of Corpus Christi Bond 2018 Recreation Centers
Bill T.Wilson,II,FAIA
Thank you for the opportunity to provide a proposal for professional A/E services for
Robert Conolly,AIA the City of Corpus Christi Bond 2018 Recreation Centers project.
Naomi Corley,RID
Jodi Smith Goings,RID Based on discussions at our office with city representatives on Thursday, March 28,
JenniferHilliard,AIA 2019, a follow up email regarding scope received April 23rd, and a meeting with City
Herbert Morrison,Ill,AIA staff on May 15, 2019, we understand that the proposed project will include
Connie Rivera,AIA architectural, mechanical, electrical and plumbing design for City Recreation Center
Frank Trimble,Ill,AIA facilities. Our proposal has been divided into three parts to include two separate
locations.
• Part 1- Joe Garza Recreation Center (ADA): PN 181678
• Part 2- Lindale Recreation Center (MEP and ADA): PN 18167C
• Part 3- Total Fees, Proposed Schedule, Project Team
Please find Part 1, 2, and 3 attached with scope of work, deliverables, proposed
schedule, and proposed A/E fees at each location.
Thank you for the opportunity to provide a proposal on your upcoming project. Please
let me know what questions I may answer. We look forward to working with you.
Sincerely,
Jodi Smith Goings, RID
Program/ Project Manager
Exhibit A
Page 1 of 17
•
•
1
PART 1: Joe Garza Recreation Center PN 18167B
WKMC's Scope of Work includes Architectural Services to perform the following:
• Field investigations.
• Design phase services for parking lots and sidewalk ADA design.
• Bidding assistance.
• Construction administration.
WKMC's Deliverables include:
• Field investigation surveys (verify feasibility studies and assessment reports provided by
Owner. Update if required.)
• 30%Approval Design Package: Construction Drawings and Opinion of Probable Cost.
• 90%Approval Design Package: Construction Drawings, Specifications, and Opinion of
Probable Cost.
• Final Construction Document Package: Sealed construction drawings for distribution and
bidding.
• Construction Administration documentation as required.
• Project Close-Out documentation.
Architectural Services Breakdown include:
Joe Garza Recreation Center PN 181678
A. Programming Phase Services
1. Project Management and Meetings
a. General Project Management and Programming Meetings
2. Site Visits
a. Field Verification Survey(Partial): Visual inspection of identified areas of work
b. Field Measurement
3. Existing Documents Assembly& Distribution
a. Review and assemble current document sets from files obtained from City of CC
B. Design Phase Services
1. Project Management and Meetings
a. General Project Management, Overhead and 30% Review Meeting
2. Site Visits
a. Supplemental Site Visit: Follow up site visits
3. Design Phase Production and Deliverables
a. 30%Approval Design: Drawings, product data, and other material production
b. 30%Approval Package Document Assembly: Collection of all documents, including
consultants, and integration into approval package.
C. Construction Documents Phase Services
1. Project Management and Meetings
a. General Project Management, Overhead and 90% Review Meeting
2. Construction Documents Production and Deliverables
a. 90%Approval Documentation: Drawings, specifications, and other material
production for approval.
b. 90%Approval Package Document Assembly: Collection of all documents, including
consultants, and integration into approval package
c. Final Construction Documents: Drawings, specifications, and other material
production issued for construction and/or permitting
Exhibit A
Page 2 of 17
•
•
•
d. Final Construction Document Assembly: Collection of all documents, including
consultants, and integration into submission package
D. Permitting/Bidding Phase Services
1. Project Management and Meetings
a. General Project Management, Overhead and Meetings
2. Review Response Documentation
a. Supplemental Drawings: Revised drawings resulting from jurisdiction plan review or
Pre-Bid RFI
b. Supplemental Documents: Review response letters and revised documents resulting
from jurisdiction plan review or Pre-Bid RFI
E. Construction Phase Services
1. Project Management and Meetings
a. General Project Management, Overhead and Meetings
2. Construction Response Documents and Deliverables
a. Submittals: Review and comment
b. Request for Information: Review and comment
c. Punch List: Pre-final and final walkthrough inspections
d. Close-Out Documents: O&M manuals, as-builts, or other documents required to
close project
Proposed Fee Breakdown: Our fee proposal is provided as lump sum pricing, but has been broken down
into estimated man-hours.
Joe Garza Recreation Center Man-Hour Rate Total Estimated Estimated Man-
PN 18167B Man-Hours Hour Costs
Project Manager/Architect IV $125 34 $4,250
Draftsman $74 4 $296
Principal-In-Charge $210 2 $420
Joe Garza Recreation Center PN 18167B Fee Totals
Architectural $4,966
Architectural Misc. Expenses $300
MEP Engineering N/A
Asbestos and Lead Containing Sampling, Survey & Report N/A
TDLR Review, Registration, and Inspection N/A
Consultant 10%Mark-Up N/A
TOTAL $5,266
Exhibit A
Page 3 of 17
PART 2: Lindale Recreation Center PN 18167C
WKMC's Scope of Work includes Architectural and Engineering Services to perform the following:
• Field investigations.
• Design phase services for replacement of ACCUs,AHUs, and thermostats.
• Design phase services for building ADA requirements.
• Submit asbestos report as required.
• Bidding assistance.
• Construction administration.
WKMC's Deliverables include:
• Field investigation surveys (verify feasibility studies and assessment reports provided by
Owner. Update if required.)
• 30%Approval Design Package: Construction Drawings and Opinion of Probable Cost.
• 90%Approval Design Package: Construction Drawings, Specifications, and Opinion of
Probable Cost.
• Final Construction Document Package: Sealed construction drawings for distribution and
bidding.
• Construction Administration documentation as required.
• Project Close-Out documentation.
Architectural and Engineering Services Breakdown include:
Lindale Recreation Center PN 18167C
A. Programming Phase Services
1. Project Management and Meetings
a. General Project Management and Programming Meetings
2. Site Visits
a. Field Verification Survey (Partial): Visual inspection of identified areas of work
b. Architectural and MEP Field Measurements and Investigations
3. Existing Documents Assembly& Distribution
a. Review and assemble current document sets from files obtained from City of CC
B. Design Phase Services
1. Project Management and Meetings
a. General Project Management, Overhead and 30% Review Meeting
2. Site Visits
a. Supplemental Site Visit: Follow up site visits
3. Design Phase Production and Deliverables
a. 30%Approval Design: Architectural, Plumbing, Electrical and Mechanical Drawings,
product data, and other material production
b. 30%Approval Package Document Assembly: Collection of all documents, including
consultants, and integration into approval package.
c. Opinion of Probable Construction Cost (OPCC) at 30%submittal
C. Construction Documents Phase Services
1. Project Management and Meetings
a. General Project Management, Overhead and 90% Review Meeting
2. Construction Documents Production and Deliverables
a. 90%Approval Documentation: Drawings, specifications, and other material
production for approval.
Exhibit A
Page 4 of 17
• •
• •
b. 90%Approval Package Document Assembly: Collection of all documents, including
consultants, and integration into approval package
c. Opinion of Probable Construction Cost(OPCC) at 90%submittal
d. Final Construction Documents: Drawings, specifications, and other material
production issued for construction and/or permitting
e. Final Construction Document Assembly: Collection of all documents, including
consultants, and integration into submission package
D. Permitting/Bidding Phase Services
1. Project Management and Meetings
a. General Project Management, Overhead and Meetings
2. Review Response Documentation
a. Supplemental Drawings: Revised drawings resulting from jurisdiction plan review or
Pre-Bid RFI
b. Supplemental Documents: Review response letters and revised documents resulting
from jurisdiction plan review or Pre-Bid RFI
E.Construction Phase Services
1. Project Management and Meetings
a. General Project Management, Overhead and Meetings
2. Construction Response Documents and Deliverables
a. Architectural and MEP Submittals: Review and comment
b. Request for Information: Architectural and MEP Review and comment
c. Punch List: Pre-final and final walkthrough inspections
d. Close-Out Documents: O&M manuals, as-builts, or other documents required to
close project
Proposed Fee Breakdown: Our fee proposal is provided as lump sum pricing, but has been
broken down into estimated man-hours.
Lindale Recreation Center Man-Hour Rate Total Estimated Estimated Man-
PN 18167C Man-Hours Hour Costs
Project Manager/Architect IV $125 46 $5,750
Draftsman $74 6 $444
Principal-In-Charge $210 2 $420
MEP Project Manager II $165 5 $825
Engineer, PE $155 26 $4,030
MEP Advanced Designer I $98 7 $686
Lindale Recreation Center PN 18167C Fee Totals
Architectural $6,614
Architectural Misc. and Estimating Expenses $600
MEP Engineering $5,541
MEP Engineering Misc. Expenses $100
*Asbestos and Lead Containing Sampling,Survey& Report $1,062
TDLR Review, Registration, and Inspection N/A
Consultant 10%Mark-Up $670
TOTAL $14,587
*If abatement is required, asbestos/lead specification plans can be provided at a fixed fee amount of
$450.00.
Exhibit A
Page 5 of 17
• •
. . .
. .
1
, , 4
PART 3
WKMC's total fee proposal for these services is:
• Joe Garza Recreation Center (ADA): PN 18167B $ 5,266
• Lindale Recreation Center (MEP and ADA): PN18167C $ 14,587
Total $ 19,853
Please Note: TDLR review, registration, and inspection is not required for projects under$50,000 in
construction cost. However, they are required to comply. It is our understanding that the construction
budget for both facilities shall not exceed$42,000.
Proposed Schedule I The design services stated in our Fee Proposal (up to Bidding) shall be completed
within (4) weeks of Notice to Proceed. A/E will be available to perform work immediately upon receipt of
the executed contract and Notice to Proceed. The schedule is based upon availability and receipt of
needed CAD files form the City of Corpus Christi for this project.
Activity Duration
Programming Phase Services 2 business days
Design Phase Services 9 business days
Construction Document Services 9 business days
Bidding 14 business days
Project Team:
WKMC Architects-Architectural and ADA Upgrades
Bath Engineering- Mechanical, Electrical, and Plumbing Engineering
Exhibit A
Page 6 of 17
•
AWITECTS
April 17, 2019/ Revised May 7, 2019/ Revised May 15, 2019
City of Corpus Christi
Engineering Services
ATTN: Joe Johnson, FMAC Program Manager
1201 Leopard Street
Corpus Christi, Texas 78401
RE: Fee/Scope Proposal for Professional Services for
William S.McCord,AIA City of Corpus Christi Bond 2018 Senior Centers
Bill T.Wilson,II,FAIA
Thank you for the opportunity to provide a proposal for professional A/E services for
Robert Conolly,AIA the City of Corpus Christi Bond 2018 Senior Centers project.
Naomi Corley,RID
Jodi Smith Goings,RID Based on discussions at our office with city representatives on Thursday, March 28,
JenniferHilliard,AIA 2019, a follow up email regarding scope received April 23rd, and a meeting with City
Herbert Morrison,III,AIA staff on May 15, 2019, we understand that the proposed project will include
Connie Rivera,AIA architectural, mechanical, electrical and plumbing design for City Senior Center
Frank Trimble,III,AIA facilities. Our proposal has been divided into five parts to include four separate
locations.
• Part 1- Garden Senior Center (Exterior): PN 18166D
• Part 2- Greenwood Senior Center (MEP): PN 18166E
• Part 3- Northwest Senior Center (ADA): PN 18166G
• Part 4- Oveal Williams Senior Center (Exterior): PN 18166H
• Part 5- Total Fees, Proposed Schedule, Project Team
Please find Parts 1 through 5 attached with scope of work, deliverables, proposed
schedule, and proposed A/E fees at each location.
Thank you for the opportunity to provide a proposal on your upcoming project. Please
let me know what questions I may answer. We look forward to working with you.
Sincerely,
Jodi Smith Goings, RID
Program/ Project Manager
Exhibit A
Page 7 of 17
• •
• •
PART 1: Garden Senior Center PN 18166D
WKMC's Scope of Work includes Architectural Services to perform the following:
• Field investigations.
• Design phase services for window and exterior door improvements.
• Additive alternate design phase services for exterior privacy fence replacement.
o Research, investigate, recommend and propose solutions for egress from garden area.
• Bidding assistance.
• Construction administration.
WKMC's Deliverables include:
• Field investigation surveys (verify feasibility studies and assessment reports provided by
Owner. Update if required.)
• 30%Approval Design Package: Construction Drawings and Opinion of Probable Cost.
• 90%Approval Design Package: Construction Drawings, Specifications, and Opinion of
Probable Cost.
• Final Construction Document Package: Sealed construction drawings for distribution and
bidding.
• Construction Administration documentation as required.
• Project Close-Out documentation.
Architectural Services Breakdown include:
Garden Senior Center PN 18166D
A. Programming Phase Services
1. Project Management and Meetings
a. General Project Management and Programming Meetings
2. Site Visits
a. Field Verification Survey (Partial): Visual inspection of identified areas of work
b. Field Measurement
3. Existing Documents Assembly& Distribution
a. Review and assemble current document sets from files obtained from City of CC
B. Design Phase Services
1. Project Management and Meetings
a. General Project Management, Overhead and 30% Review Meeting
2. Site Visits
a. Supplemental Site Visit: Follow up site visits
3. Design Phase Production and Deliverables
a. 30%Approval Design: Drawings, product data, and other material production
b. 30%Approval Package Document Assembly: Collection of all documents, including
consultants, and integration into approval package.
c. Opinion of Probable Construction Cost (OPCC) at 30%submittal
C.Construction Documents Phase Services
1. Project Management and Meetings
a. General Project Management, Overhead and 90% Review Meeting
2. Construction Documents Production and Deliverables
a. 90%Approval Documentation: Drawings, specifications, and other material
production for approval.
Exhibit A
Page 8 of 17
•
h.AA
b. 90%Approval Package Document Assembly: Collection of all documents, including
consultants, and integration into approval package
c. Opinion of Probable Construction Cost(OPCC) at 90%submittal
d. Final Construction Documents: Drawings, specifications, and other material
production issued for construction and/or permitting
e. Final Construction Document Assembly: Collection of all documents, including
consultants, and integration into submission package
D. Permitting/Bidding Phase Services
1. Project Management and Meetings
a. General Project Management, Overhead and Meetings
2. Review Response Documentation
a. Supplemental Drawings: Revised drawings resulting from jurisdiction plan review or
Pre-Bid RFI
b. Supplemental Documents: Review response letters and revised documents resulting
from jurisdiction plan review or Pre-Bid RFI
E.Construction Phase Services
1. Project Management and Meetings
a. General Project Management, Overhead and Meetings
2. Construction Response Documents and Deliverables
a. Submittals: Review and comment
b. Request for Information: Review and comment
c. Punch List: Pre-final and final walkthrough inspections
d. Close-Out Documents: O&M manuals, as-builts, or other documents required to
close project
Proposed Fee Breakdown: Our fee proposal is provided as lump sum pricing, but has been broken down
into estimated man-hours.
Garden Senior Center Man-Hour Rate Total Estimated Estimated Man-
PN 18166D Man-Hours Hour Costs
Project Manager/Architect IV $125 10 $1,250
Draftsman $74 2 $148
Principal-In-Charge $210 1 $210
Garden Senior Center PN 18166D Fee Totals
Architectural $1,608
Architectural Misc. and Estimating Expenses $350
MEP Engineering N/A
*Asbestos and Lead Containing Sampling, Survey& Report $1,116
TDLR Review, Registration, and Inspection N/A
Consultant 10%Mark-Up $112
TOTAL $3,186
*lf abatement is required, asbestos/lead specification plans can be provided at a fixed fee amount of
$450.00.
Exhibit A
Page 9 of 17
1
PART 2: Greenwood Senior Center PN 18166E
WKMC's Scope of Work includes Architectural Project Management and Engineering Services to perform
the following:
• Field investigations.
• Design phase services for replacement of ACCUs,AHUs, and thermostats.
• Submit asbestos report as required.
• Bidding assistance.
• Construction administration.
WKMC's Deliverables include:
• Field investigation surveys (verify feasibility studies and assessment reports provided by
Owner. Update if required.)
• 30%Approval Design Package: Construction Drawings and Opinion of Probable Cost.
• 90%Approval Design Package: Construction Drawings, Specifications, and Opinion of
Probable Cost.
• Final Construction Document Package: Sealed construction drawings for distribution and
bidding.
• Construction Administration documentation as required.
• Project Close-Out documentation.
Architectural and Engineering Services Breakdown include:
Greenwood Senior Center PN 18166E
A. Programming Phase Services
1. Project Management and Meetings
a. General Project Management and Programming Meetings
2. Site Visits
a. Field Verification Survey (Partial): Visual inspection of identified areas of work
b. MEP Field Investigations
3. Existing Documents Assembly& Distribution
a. Review and assemble current document sets from files obtained from City of CC
B. Design Phase Services
1. Project Management and Meetings
a. General Project Management, Overhead and 30% Review Meeting
2. Site Visits
a. Supplemental Site Visit: Follow up site visits
3. Design Phase Production and Deliverables
a. 30%Approval Design: Plumbing, Electrical and Mechanical Drawings, product data,
and other material production
b. 30%Approval Package Document Assembly: Collection of all documents, including
consultants, and integration into approval package.
c. Opinion of Probable Construction Cost (OPCC) at 30%submittal
C. Construction Documents Phase Services
1. Project Management and Meetings
a. General Project Management, Overhead and 90% Review Meeting
2. Construction Documents Production and Deliverables
a. 90%Approval Documentation: Drawings, specifications, and other material
production for approval.
Exhibit A
Page 10 of 17
•
•
b. 90%Approval Package Document Assembly: Collection of all documents, including
consultants, and integration into approval package
c. Opinion of Probable Construction Cost (OPCC) at 90%submittal
d. Final Construction Documents: Drawings, specifications, and other material
production issued for construction and/or permitting
e. Final Construction Document Assembly: Collection of all documents, including
consultants, and integration into submission package
D. Permitting/Bidding Phase Services
1. Project Management and Meetings
a. General Project Management, Overhead and Meetings
2. Review Response Documentation
a. Supplemental Drawings: Revised drawings resulting from jurisdiction plan review or
Pre-Bid RFI
b. Supplemental Documents: Review response letters and revised documents resulting
from jurisdiction plan review or Pre-Bid RFI
E. Construction Phase Services
1. Project Management and Meetings
a. General Project Management, Overhead and Meetings
2. Construction Response Documents and Deliverables
a. MEP Submittals: Review and comment
b. Request for Information: MEP Review and comment
c. Punch List: Pre-final and final walkthrough inspections
d. Close-Out Documents: O&M manuals, as-builts, or other documents required to
close project
Proposed Fee Breakdown: Our fee proposal is provided as lump sum pricing, but has been broken
down into estimated man-hours.
Greenwood Senior Center Man-Hour Rate Total Estimated Estimated Man-
PN 18166E Man-Hours Hour Costs
Project Manager/Architect IV $125 2 $250
Draftsman $74 1 $74
Principal-In-Charge $210 1 $210
MEP Project Manager II $165 5 $825
Engineer, PE $155 26 $4,030
MEP Advanced Designer I $98 5 $490
Greenwood Senior Center PN 18166E Fee Totals
Architectural $534
Architectural Misc. and Estimating Expenses $350
MEP Engineering $5,345
MEP Engineering Misc. Expenses $100
Asbestos and Lead Containing Sampling, Survey& Report N/A
TDLR Review, Registration, and Inspection N/A
Consultant 10%Mark-Up $545
TOTAL $6,424
Exhibit A
Page 11 of 17
•
gir:•
PART 3: Northwest Senior Center PN 18166G
WKMC's Scope of Work includes Architectural and Engineering Services to perform the following:
• Field investigations.
• Design phase services for parking lot and sidewalk ADA requirements.
• Design phase services for kitchen counter and sink ADA requirements.
• Design phase services for drinking fountain ADA requirements.
• Design phase services for front entry improvements.
• Submit asbestos report as required.
• Bidding assistance.
• Construction administration.
WKMC's Deliverables include:
• Field investigation surveys (verify feasibility studies and assessment reports provided by
Owner. Update if required.)
• 30%Approval Design Package: Construction Drawings and Opinion of Probable Cost.
• 90%Approval Design Package: Construction Drawings, Specifications, and Opinion of
Probable Cost.
• Final Construction Document Package: Sealed construction drawings for distribution and
bidding.
• Construction Administration documentation as required.
• Project Close-Out documentation.
Architectural and Engineering Services Breakdown include:
Northwest Senior Center PN 18166G
A. Programming Phase Services
1. Project Management and Meetings
a. General Project Management and Programming Meetings
2. Site Visits
a. Field Verification Survey (Partial): Visual inspection of identified areas of work
b. MEP Field Investigations
3. Existing Documents Assembly& Distribution
a. Review and assemble current document sets from files obtained from City of CC
B. Design Phase Services
1. Project Management and Meetings
a. General Project Management, Overhead and 30% Review Meeting
2. Site Visits
a. Supplemental Site Visit: Follow up site visits
3. Design Phase Production and Deliverables
a. 30%Approval Design: Architectural, Plumbing, and Electrical Drawings, product
data, and other material production
b. 30%Approval Package Document Assembly: Collection of all documents, including
consultants, and integration into approval package.
c. Opinion of Probable Construction Cost (OPCC) at 30%submittal
C.Construction Documents Phase Services
1. Project Management and Meetings
a. General Project Management, Overhead and 90% Review Meeting
Exhibit A
Page 12 of 17
•
1
2. Construction Documents Production and Deliverables
a. 90%Approval Documentation: Drawings, specifications, and other material
production for approval.
b. 90%Approval Package Document Assembly: Collection of all documents, including
consultants, and integration into approval package
c. Opinion of Probable Construction Cost(OPCC) at 90%submittal
d. Final Construction Documents: Drawings, specifications, and other material
production issued for construction and/or permitting
e. Final Construction Document Assembly: Collection of all documents, including
consultants, and integration into submission package
D. Permitting/Bidding Phase Services
1. Project Management and Meetings
a. General Project Management, Overhead and Meetings
2. Review Response Documentation
a. Supplemental Drawings: Revised drawings resulting from jurisdiction plan review or
Pre-Bid RFI
b. Supplemental Documents: Review response letters and revised documents resulting
from jurisdiction plan review or Pre-Bid RFI
E. Construction Phase Services
1. Project Management and Meetings
a. General Project Management, Overhead and Meetings
2. Construction Response Documents and Deliverables
a. Architectural and MEP Submittals: Review and comment
b. Request for Information: Architectural and MEP Review and comment
c. Punch List: Pre-final and final walkthrough inspections
d. Close-Out Documents: O&M manuals, as-builts, or other documents required to
close project
Proposed Fee Breakdown: Our fee proposal is provided as lump sum pricing, but has been broken
down into estimated man-hours.
Northwest Senior Center Man-Hour Rate Total Estimated Estimated Man-
PN 18166G Man-Hours Hour Costs
Project Manager/Architect IV $125 26 $3,250
Draftsman $74 3 $222
Principal-In-Charge $210 1 $210
MEP Project Manager II $165 5 $825
Engineer, PE $155 19 $2,945
MEP Advanced Designer I $98 2 $196
Northwest Senior Center PN 18166G Fee Totals
Architectural $3,682
Architectural Misc. and Estimating Expenses $350
MEP Engineering $3,966
MEP Engineering Misc. Expenses $100
*Asbestos and Lead Containing Sampling, Survey& Report $1,041
TDLR Review, Registration, and Inspection N/A
Consultant 10%Mark-Up $510
TOTAL $9,649
*If abatement is required, asbestos/lead specification plans can be provided at a fixed fee amount of
$450.00.
Exhibit A
Page 13 of 17
•
44.444
,,,
PART 4: Oveal Williams Senior Center PN 18166H
WKMC's Scope of Work includes Architectural and Engineering Services to perform the following:
• Field investigations.
• Design phase services for installation of security fence.
• Design phase services for replacement of rear exterior door.
• Design phase services for sandblasting and painting soffit panels and window frames.
• Design phase services for installation of gutters at rear of building and investigate best
course of action.
• Submit asbestos report as required.
• Bidding assistance.
• Construction administration.
WKMC's Deliverables include:
• Field investigation surveys (verify feasibility studies and assessment reports provided by
Owner. Update if required.)
• 30%Approval Design Package: Construction Drawings and Opinion of Probable Cost.
• 90%Approval Design Package: Construction Drawings, Specifications, and Opinion of
Probable Cost.
• Final Construction Document Package: Sealed construction drawings for distribution and
bidding.
• Construction Administration documentation as required.
• Project Close-Out documentation.
Architectural Services Breakdown include:
()veal Williams Senior Center PN 18166H
A. Programming Phase Services
1. Project Management and Meetings
a. General Project Management and Programming Meetings
2. Site Visits
a. Field Verification Survey (Partial): Visual inspection of identified areas of work
b. Field Investigations
3. Existing Documents Assembly& Distribution
a. Review and assemble current document sets from files obtained from City of CC
B. Design Phase Services
1. Project Management and Meetings
a. General Project Management, Overhead and 30% Review Meeting
2. Site Visits
a. Supplemental Site Visit: Follow up site visits
3. Design Phase Production and Deliverables
a. 30%Approval Design: Architectural Drawings, product data, and other material
production
b. 30%Approval Package Document Assembly: Collection of all documents, including
consultants, and integration into approval package.
c. Opinion of Probable Construction Cost (OPCC) at 30%submittal
C. Construction Documents Phase Services
1. Project Management and Meetings
a. General Project Management, Overhead and 90% Review Meeting
Exhibit A
Page 14 of 17
•
•
2. Construction Documents Production and Deliverables
a. 90%Approval Documentation: Drawings, specifications, and other material
production for approval.
b. 90%Approval Package Document Assembly: Collection of all documents, including
consultants, and integration into approval package
c. Opinion of Probable Construction Cost(OPCC) at 90%submittal
d. Final Construction Documents: Drawings, specifications, and other material
production issued for construction and/or permitting
e. Final Construction Document Assembly: Collection of all documents, including
consultants, and integration into submission package
D. Permitting/Bidding Phase Services
1. Project Management and Meetings
a. General Project Management, Overhead and Meetings
2. Review Response Documentation
a. Supplemental Drawings: Revised drawings resulting from jurisdiction plan review or
Pre-Bid RFI
b. Supplemental Documents: Review response letters and revised documents resulting
from jurisdiction plan review or Pre-Bid RFI
E. Construction Phase Services
1. Project Management and Meetings
a. General Project Management, Overhead and Meetings
2. Construction Response Documents and Deliverables
a. Architectural Submittals: Review and comment
b. Request for Information: Architectural Review and comment
c. Punch List: Pre-final and final walkthrough inspections
d. Close-Out Documents: O&M manuals, as-builts, or other documents required to
close project
Proposed Fee Breakdown: Our fee proposal is provided as lump sum pricing, but has been broken
down into estimated man-hours.
Oveal Williams Senior Center Man-Hour Rate Total Estimated Estimated Man-
PN 18166H Man-Hours Hour Costs
Project Manager/Architect IV $125 26 $3,250
Draftsman $74 3 $222
Principal-In-Charge $210 1 $210
Oveal Williams Senior Center PN 18166H Fee Totals
Architectural $3,682
Architectural Misc. and Estimating Expenses $350
MEP Engineering N/A
Asbestos and Lead Containing Sampling, Survey & Report N/A
TDLR Review, Registration, and Inspection N/A
Consultant 10%Mark-Up $107
TOTAL $4,032
Exhibit A
Page 15 of 17
PART 5
WKMC's total fee proposal for these services is:
• Garden Senior Center (Exterior): PN 18166D $3,186
• Greenwood Senior Center (MEP): PN 18166E $6,424
• Northwest Senior Center(ADA): PN 18166G $9,649
• Oveal Williams Senior Center (Exterior): PN 18166H ,...$4,032
Total $23,291
Please Note: TDLR review, registration, and inspection is not required for projects under$50,000 in
construction cost. However, they are required to comply.
Proposed Schedule I The design services stated in our Fee Proposal (up to Bidding) shall be completed
within (4) weeks of Notice to Proceed. A/E will be available to perform work immediately upon receipt of
the executed contract and Notice to Proceed. The schedule is based upon availability and receipt of
needed CAD files form the City of Corpus Christi for this project.
Activity Duration
Programming Phase Services 4 business days
Design Phase Services 12 business days
Construction Document Services 14 business days
Bidding 14 business days
Project Team:
WKMC Architects-Architectural and ADA Upgrades
Bath Engineering- Mechanical, Electrical, and Plumbing Engineering
Exhibit A
Page 16 of 17
SENIOR AND RECREATION CENTER MULTIPLE FACILITY IMPROVEMENTS
SUMMARY OF FEES
Original Contract Total Contract
Basic Services:
Preliminary Phase $3,000.00 $3,000.00
Design Phase $24,678.00 $24,678.00
Bid Phase $8,500.00 $8,500.00 •
Construction Admin Phase $3,425.00 $3,425.00
Subtotal Basic Services $39,603.00 $39,603.00
Additional Services:
Permit Prepartion $0.00
Asbestos Testing $3,541.00 $3,541.00
ROW Acquisition Survey $0.00
Environmental Issues $0.00
Public Meetings $0.00
Construction Observation $0.00
Traffic Control $0.00
Signalization Improvements $0.00
Warranty Phase $0.00
Construction Inspection (T&M) $0.00
Platting Survey _ $0.00
O& M Manuals $0.00
SCADA $0.00 .
Subtotal Additional Services $3,541.00 $3,541.00
Summary of Fees: _
Basic Services Fees $39,603.00 $39,603.00
Additional Services Fees $3,541.00 $3,541.00 •
Total Authorized Fees $43,144.00 $43,144.00
Admin Approval
Month X, 20XX
Exhibit A
Page 17 of 17
Sample form for:
Payment Request
Company Name COMPLETE PROJECT NAME AE Contract
Billing Contact Info City Project No.XXXX Revised 11/30/18
Invoice No.12345
Invoice Date:MM/DD/YYYY
Billing Period: From XXXXX to YYYYY
Original Amend Amend Total Current Previous Total Remaining Percent
Basic Services: Contract No.1 No.2 Contract Invoice Invoice Invoiced 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 Admin 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: •
Permit Prepartion $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0%
Topographic Survey $5,000.00 $0.00 $0.00 $5,000.00 $0.00 $0.00 $0.00 $5,000.00 0.0%
ROW Acquisition Survey $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $0.00 $0.00 $1,000.00 0.0%
Environmental Issues $500.00 $0.00 $0.00 $500.00 $0.00 $0.00 $0.00 $500.00 0.0%
Public Meetings $1,200.00 $0.00 $0.00 $1,200.00 $0.00 $0.00 $0.00 $1,200.00 0.0%
Construction Observation $10,000.00_ $0.00 $0.00 $10,000.00 $0.00 $0.00 $0.00 $10,000.00 0.0%
Traffic Control $0.00 $5,000.00 $0.00 $5,000.00 $0.00 $0.00 $0.00 $5,000.00 0.0%
Signalization Improvements $0.00 $0.00 $1,000.00 $1,000.00 $0.00 $0.00 $0.00 $1,000.00 0.0%
Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0%
Construction Inspection(T&M) $0.00 $0.00 $5,000.00 $5,000.00 $0.00 $0.00 $0.00 $5,000.00 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 $19,700.00 $6,120.00 $6,000.00 $31,820.00 $500.00 $0.00 $500.00 $31,320.00 1.6%
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 $19,700.00 $6,120.00 $6,000.00 $31,820.00 $500.00, $0.00 $500.00 $31,320.00 1.6% . •
Total of Fees $25,700.00 $7,120.00 $7,250.00 $40,070.00 $1,500.00 $1,500.00 $3,000.00 $37,070.00 7.5%
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 ONSITE PROFESSIONAL SERVICES
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. The City must be listed as an additional
insured on the General liability and Auto Liability policies, and a waiver of
subrogation is required on all applicable policies. Endorsements must be
provided with COI. Project name and or number must be listed in Description Box
of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation Bodily Injury and Property Damage
required on all certificates or by Per occurrence- aggregate
applicable policy endorsements
Commercial General Liability including: $1,000,000 Per Occurrence
1. Commercial Broad Form $2,000,000 Aggregate
2. Premises—Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury-Advertising Injury
AUTO LIABILITY (including) $500,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
PROFESSIONAL LIABILITY $1,000,000 Per Claim
(Errors and Omissions)
If claims made policy, retro date must be
prior to inception of agreement, have
extended reporting period provisions
and identify any limitations regarding
who is insured.
Exhibit C
Page 1 of 3
1.3 In the event of accidents of any kind related to this agreement, Consultant must
furnish the City with copies of all reports of any accidents within 10 days of the accident.
1.4 Consultant shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Consultant's sole expense, insurance coverage
written on an occurrence basis, by companies authorized and admitted to do business in
the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is
required to provide City with renewal Certificates.
1.5 Consultant shall be required to submit a copy of the replacement certificate
of insurance to City at the address provided below within 10 days of the requested
change. Consultant shall pay any costs incurred resulting from said changes. All notice
under this Article shall be given to City at the following address: City of Corpus
Christi
Attn: Engineering Services
P.O. Box 9277
Corpus Christi, TX 78469-9277
1.6 Consultant agrees that with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following required
provisions:
1.6.1 List the City and its officers, officials, employees and elected representatives
as additional insured by endorsement, as respects operations, completed
operation and activities of, or on behalf of, the named insured performed
under contract with the City with the exception of the professional liability/Errors
& Omissions policy;
1.6.2 Provide for an endorsement that the "other insurance" clause shall not apply
to the City of Corpus Christi where the City is an additional insured shown on
the policy;
1.6.3 Provide thirty (30) calendar days advance written notice directly to City of any
suspension, cancellation or non-renewal of coverage, and not less than ten
(10) calendar days advance written notice for nonpayment of premium.
1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of
coverage, Consultant shall provide a replacement Certificate of Insurance and applicable
endorsements to City. City shall have the option to suspend Consultant's
Exhibit C
Page 2 of 3
•
performance should there be a lapse in coverage at any time during this contract. Failure
to provide and to maintain the required insurance shall constitute a material breach of this
contract.
1.8 In addition to any other remedies the City may have upon Consultant's failure to
provide and maintain any insurance or policy endorsements to the extent and within the time
herein required, the City shall have the right to order Consultant to remove the exhibit
hereunder, and/or withhold any payment(s) if any, which become due to Consultant
hereunder until Consultant demonstrates compliance with the requirements hereof.
1.9 Nothing herein contained shall be construed as limiting in any way the extent to which
Consultant may be held responsible for payments of damages to persons or property
resulting from Consultant's or its subcontractor's performance of the work covered under
this agreement.
1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory
with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability
arising out of operations under this agreement.
1.11 It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
Exhibit C
Page 3 of 3