HomeMy WebLinkAboutC2019-554 - 10/15/2019 - Approved t 1
CITY OF CORPUS CHRISTI
CONTRACT FOR PROFESSIONAL SERVICES
Project: 18020A Gollihar Rd (Greenwood to Crosstown Expressway)
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 LNV. Inc., a Texas corporation, 801 Navigation, Suite 300, Corpus Christi, Nueces County,
Texas 78408, (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
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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,cxccrpt attached
as Exhibit D.
1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will
consult and advise the City on matters related to the Consultant's Scope of Services during the performance
of the Consultant's services.
1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze
bids and evaluate the documents submitted by bidders.
1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective
contractors, subcontractors and suppliers.
1.7 For projects that require subsurface utility investigation:
1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and
sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A 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 $568,065.00.
3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and
will be full and total compensation for all services and for all expenses incurred in performing these services.
Consultant shall submit a Rate Schedule with their proposal. City and Consultant agree that the Rate Schedule is
considered confidential information that may be excluded from public disclosure under Texas Government Code
Chapter 552 as determined by the Texas Attorney General.
3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule
and budget as defined in Exhibit A, including completing the work in phases defined therein.
3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks
provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed
and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three(3)days of
notice if tasks requested requires an additional fee.
3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each
invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of
billing. For work performed on a T&M Basis,the invoice shall include documentation that shows who worked on the
Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any
reimbursable expenses associated with the work. City will make prompt monthly payments in response to
Consultant's monthly invoices 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.
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3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than
the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which
Payment Requests have been previously issued and payments received from City shall,to the best of Consultant's
knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of
Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this
Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS,
SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY,THROUGH OR UNDER THE
ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT.
3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been
submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional
compensation is due to Consultant."
3.9 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from
damage or loss for which Consultant is responsible, because of:
3.9.1 delays in the performance of Consultant's work;
3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or
equipment;
3.9.3 damage to City; or
3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this
Agreement.
3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the
amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding
compensation as provided under this Agreement.
3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any
phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required
to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided
herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures
as required by the terms of this Agreement, any such claim shall be waived.
3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously
made in writing and identified by Consultant as unsettled at the time of final Payment Request.
3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual
budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right
to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with
section 3.5 above for services provided up to the date of suspension.
ARTICLE IV—TIME AND PERIOD OF SERVICE
4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date).
4.2 This service shall be for a period of years beginning on the Effective Date. The Agreement may be
approved changes.
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4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the
Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional
Services until requested in writing by the Consultant and written authorization is provided by the Director of
Engineering Services.
4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this
Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the
schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's
ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten
business days of becoming aware of a factor that may affect the Consultant's ability to complete the services
hereunder.
4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not
delay the project.
4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the
Project, including any extra work and any required extensions thereto, unless terminated as provided for in this
Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the
construction phase of the Project, i.e., Final Completion.
ARTICLE V— OPINIONS OF COST
5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for
construction of the Project.
5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of
the City.
5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or
over the contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant's
opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's
experience and qualifications and represent Consultant's best judgment as a design professional familiar with the
construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall
not vary from the OPC prepared by Consultant.
ARTICLE VI — INSURANCE REQUIREMENTS
6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained
and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence
work until all similar insurance required of any subcontractor has been obtained.
6.2 Insurance Requirements are shown in EXHIBIT C.
ARTICLE VII — INDEMNIFICATION
Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers,
agents,employees,excluding the engineer or architect or that person's agent,employee or subconsultant,
over which the City exercises control ("Indemnitee") from and against any and all claims, damages,
liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is
caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure
to pay a subcontractor or supplier committed by 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.
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.
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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
(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.
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10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article Ill.
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
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.
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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.
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.
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13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the
professional skill and care ordinarily provided by competent licensed professionals practicing under the same or
similar circumstances and professional license; and performed as expeditiously as is prudent considering the
ordinary professional skill and care of a competent engineer or architect.
13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or
certification(s)at meetings of any official nature concerning the Project, including scope meetings, review meetings,
pre-bid meetings and preconstruction meetings.
13.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be
that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the
services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these
goals and objectives are to be met.
13.6 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and
Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This
Agreement may be amended only by written instrument signed by both the City and Consultant.
13.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other
than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering
into this Agreement.
13.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and
complete the Disclosure of Interests form.
13.9 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with
Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this
agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed and
filed with the City. For more information, please review the Texas Ethics Commission Rules at
https://www.ethics.state.tx.us/legal/ch46.html.
13.10 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government
Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you
need to file a Form CIQ, please review the information on the City Secretary's website at
http://www.cctexas.com/government/city-secretary/conflict-disclosure/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 I-XIII of this Agreement(Articles),
the Articles shall take precedence and control to resolve said conflict.
Contract for Professional Services
Page 10 of 12
K:\Engineering Projects Data Management\18020A Gollihar Rd-Greenwood to Crosstown Expwy\6.Project Agenda
•
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CITY OF CORPUS CH = I LNV, INC.
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Jeff H. Edmonds, P.E. at Dan r •/�er,, P. . Date
Director of Engineering Services Preside
801 N.vigation, Suite 300
Corpus Christi, TX 78408
(361) 883-1984 Office
APPROVED AS TO LEGAL FORM danl@Invinc.com
94)4, 2019.08.15
11:09:47 -05'00'
Assistant City Attorney Date •i kiiis ' '-I'ea AU]*With+
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City Secretary
Contract for Professional Services
Page 11 of 12
K:tEngineering Projects Data Management\1 8020A Gollihar Rd•Greenwood to Crosstown Expwy16.Project Agenda
Accounting Unit: 3556-051
Account: 550950
Activity: 18020-A-3556-EXP
Account Category: 50950
Fund Name: ST2019 Bd18P1
Amount: $568,065.00
Contract for Professional Services
Page 12 of 12
K:\Engineering Projects Data Management\18020A Gollihar Rd-Greenwood to Crosstown Expwy\6.Project Agenda
EXHIBIT "A"
CITY OF CORPUS CHRISTI, TEXAS
GOLLIHAR ROAD — GREENWOOD DRIVE TO CROSSTOWN EXPRESSWAY
PROJECT NO. 18020A
BOND ISSUE 2018
SCOPE OF SERVICES
A. BASIC SERVICES
For the purpose of this Contract, Preliminary Phase may include Schematic Design and Design
Phase services may include Design Development as applicable to Architectural/Engineering
services.
1. Preliminary Phase.
The Architect/Engineer(A/E), also referred to as Consultant, will:
a) Attend Project Kick-off Meeting and distribute meeting minutes to attendees within
five working days of the meeting.
b) Provide recommended geotechnical investigations scope and coordinate testing
with City's geotechnical Consultant. Proposed sites shall be approved by the City
Project Manager prior to performing geotechnical investigation.
c) Request and review available reports, record drawings, utility maps and other
information provided by the City pertaining to the project area.
d) Develop preliminary requirements for utility relocations, replacements or upgrades.
Coordinate with the City's Project Manager and identify Operating Departments
potential Project needs.
e) Develop preliminary typical street sections and pavement sections, incorporating
the City's Geotechnical Consultant's recommendations. All streets shall be
designed with flexible and rigid pavements.
f) Identify preliminary right-of-way acquisition requirements and illustrate on a
schematic strip map.
g) Prepare preliminary opinions of probable construction costs for the recommended
improvements.
h) Develop a Drainage Area Map showing the existing and proposed drainage basins
served by the Project storm system.
i) Conduct preliminary hydraulic analysis to quantify the storm water design of
existing and proposed systems.
j) Identify electric and communication utility companies and private pipeline
companies that may have existing facilities and must be relocated to accommodate
the proposed improvements. Submit a list of identified companies to the City.
k) Conduct preliminary analysis of lighting and traffic signalization, including existing
equipment, above/below ground electrical service, lane designations, etc.
Coordinate signal requirements with City Street Department. Provide
recommendations for improvements/upgrades.
I) The AE will participate in discussions with the Operating Department;
Development Services and other agencies (such as the Texas Department of
Transportation (TXDOT) and Texas Commission of Environmental Quality(TCEQ)
as required to satisfactorily complete the Project. Any directions or changes to
scope provided by the Operating Department or other agencies shall be reviewed
EXHIBIT "A"
Page 1 of 12
Revised 26 March 2019
with the City Engineering Department PM prior to including/excluding from the
scope of work.
m) Identify and analyze requirements of governmental authorities having jurisdiction
to approve design of the Project including permitting, environmental, historical,
construction, and geotechnical issues; upon request or concurrence of the Project
Manager, coordinate with agencies such as RTA, USPS, affected school districts
(CCISD, FBISD, etc.), community groups, etc.
n) Identify and recommend public outreach and community stakeholder
requirements.
o) Request and review traffic counts from the City PM.
p) Prepare an Engineering Letter Report(20—25 page main-body text document with
supporting appendices) that documents the analyses, approach, opinions of
probable construction costs, and document the work with text, tables, schematic-
level exhibits and computer models or other applicable supporting documents
required per City Plan Preparation Standards (CPPS). The Engineering Letter
Report to include:
1. Provide a concise presentation of pertinent factors, sketches, designs,
cross-sections, and parameters which will or may impact the design,
including engineering design basis, preliminary layout sketches,
construction sequencing, alignment, cross section, geotechnical testing
report, right-of-way requirements, conformance to master plans,
identification of needed additional services, identification of needed permits
and environmental consideration, existing and proposed utilities, existing
electric and communication utility companies and private pipeline
companies, identification of quality and quantity of materials of
construction, and other factors required for a professional design.
2. Include existing site photos with location key map
3. Provide opinion of probable construction costs.
4. Identify and analyze requirements of governmental authorities having
jurisdiction to approve design of the Project including permitting,
environmental, historical, construction, and geotechnical issues; meet as
City agent or with City participation and coordinate with agencies such as
TCEQ, RTA, CDBG, USPS, CCISD, community groups, TDLR, etc.
5. Summary of Geotechnical Report findings and criteria for pavement design,
including the projected growth rate, 30-year ESAL estimate and SN value,
30 year pavement recommendation, etc.
6. Provide preliminary index of anticipated drawings and specifications.
7. Provide a preliminary summary table of anticipated required ROW parcels
q) Submit one (1) copy in an approved electronic format, and two (2) hard copies of
the Draft Engineering Letter Report.
r) Initiate ELR submittal discussion with City PM to brief PM on any concerns or
issues prior to distribution of ELR submittal.
s) Participate in Project review meeting with City staff and others on the Draft
Engineering Letter Report as scheduled by City Project Manager.
t) Address review comments and questions and provide written responses to the City
PM.
u) Assimilate all City review comments into the Final Engineering Letter Report
(ELR). Provide one (1) electronic and one (1) hard copy using City Standards as
applicable and suitable for reproduction.
EXHIBIT "A"
Page 2 of 12
Revised 26 March 2019
City staff will provide electronic copies of the following information (as applicable and
requested through the City PM):
a) Electronic index and database of City's Record Drawing and record information.
b) Record Drawings and record information as available from City Engineering files.
b) The preliminary budget, specifying the funds available for construction.
c) A copy of existing studies and plans (as available from City Engineering files).
d) Copy of Geotechnical Investigation Report.
g) Traffic counts.
Note: Applicable Master Plans and GIS mapping are available on the City's website. The
records provided for A/E's use under this Contract are proprietary, copyrighted,
and authorized for use only by NE, and only for the intended purpose of this
project. Any unauthorized use or distribution of the records provided under this
Contract is strictly prohibited.
2. Design Phase.
Upon approval of the preliminary phase, designated by receiving authorization to proceed
from the City Project Manager, the A/E will:
a) Provide coordination with electric and communication utility companies and private
pipeline companies that may have existing facilities and must be relocated to
accommodate the proposed improvements. Inform private utility and pipeline
owners whose facilities fall within the project limits of the proposed improvements.
Identify areas of potential conflicts. Coordinate with private utility and pipeline
owners to obtain needed locations of their respective utility/pipeline, including
Level A SUE by private utility/pipeline owner as necessary. Coordinate necessary
adjustments and provide a project schedule to utility/pipeline owner. Provide
utility/pipeline relocation schedule to the City and update monthly.
b) Coordinate with AEP and City Traffic Engineering to identify location of electrical
power conduit for street lighting and traffic signalization.
c) Identify the approximate locations and areas of existing utilities and pipelines that
may have a significant potential impact on the proposed features or utilities and for
which the existing location(s) cannot be adequately determined by the SUE
investigation up to and including Level B, and which require a Level A exploratory
excavation during the design phase. These critical locations and their basis of
potential impact are to be clearly provided on a layout for the City PM.
d) Provide assistance to identify potential needs for testing, handling and disposal of
any hazardous materials and/or contaminated soils that may be discovered during
construction (to be included under additional services).
e) Prepare Construction Documents in City standard format for the work identified in
the approved ELR. Construction plans to include improvements or modifications
to the street, storm water, water, wastewater (NOT REQUIRED), gas, IT (NOT
REQUIRED), signal (NOT REQUIRED), and lighting systems (NOT REQUIRED)
within the Project limits, per the Project scope. Include standard City of Corpus
Christi detail sheets and specifications as applicable to the Project.
1. Prepare construction plans in compliance with CPPS using English units
on full-size (22" x 34").
2. Prepare Traffic Control and Construction Sequencing Plans. The TCP will
include construction sequencing, typical cross section and construction
EXHIBIT "A"
Page 3 of 12
Revised 26 March 2019
phasing plan sheets, warning and barricades, as well as standards sheets
for barricades, traffic control plan, work zone pavement markings and
signage.
3. Provide pollution control measures and BMP layout for the Contractor's
Storm Water Pollution Prevention Plan, using the City Standard Notes and
BMP Detail Sheets as applicable.
4. Include computer model results and calculations used to analyze drainage.
f) Submit two (2) sets of the interim plans (60% submittal) in electronic and half-
size (11" x 17") hard copies using City Standards as applicable to City staff for
review and approval purposes with 60% estimates of probable construction costs.
Identify distribution list for plans and bid documents to all affected franchise utilities
and stakeholders.
1. Required with the interim plans is:
a. Design Submittal Packet Checklist
b. Executive Summary of the 60%submittal,"which will identify and briefly
summarize the Project by distinguishing key elements of the Project,
decisions made, outstanding issues, items TBD, Opinion of Probable
Construction Costs (OPCC) compared to construction budget and the
schedule with changes identified.
c. Project Submittal Checklist
d. Drawing Review Checklist
e. OPCC
f. Drawings
g. Draft Table of Contents with specification list
2. Initiate 60% submittal discussion with City PM to brief PM on any concerns
or issues prior to distribution of 60% submittal.
g) Participate in Project 60% review meeting. Prepare and distribute meeting
meetings to attendees within five working days of the meeting. Assimilate all
review comments, as appropriate, and upon confirmation from the City PM
proceed to the 90% design.
h) Submit two (2) sets of the pre-final plans and bid documents (90% submittal) in
electronic and half-size hard copies using City Standards as applicable to City staff
for review and approval purposes. Include the 90% estimate of probable
construction costs, 90% submittal Executive Summary, Submittal Packet, Project,
and Drawing Checklists, responses to previous review comments and the Contract
Document Book with in-line Track Changes in red to identify all proposed edits to
the City Construction Contracts.
i) Participate in Project 90% review meeting. Prepare and distribute meeting
meetings to attendees within five working days of the meeting. Assimilate all
review comments, as appropriate, and proceed to the pre-ATA submittal.
j) Provide one (1) set of the pre-ATA plans (100% unsealed and unstamped) in
electronic and half-size hard copy using City Standards as applicable for City's
Pre-ATA review. Include the pre-ATA OPCC and written responses to previous
review comments. The pre-ATA (100%) submittal will not include a full distribution
and review unless in the opinion of the City Project Manager the questions from
the previous review have not been adequately addressed or resolved in the pre-
ATA submittal. If this occurs, the PM may request additional distribution, meeting,
review and related revisions at no additional cost to the City. See item (I) below.
k) Assimilate all pre-ATA comments, as appropriate, and provide one (1) set of the
final plans and contract documents (signed and sealed, electronic and half-size
EXHIBIT "A"
Page 4 of 12
Revised 26 March 2019
hard copy using City Standards as applicable) suitable for reproduction. Said bid
documents henceforth become the shared intellectual property of the City of
Corpus Christi and the Consultant. The City agrees that any modifications of the
submitted final plans (for other uses by the City) will be evidenced on the plans
and be signed and sealed by a professional engineer prior to re-use of modified
plans.
I) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all
submittals accurately reflect the percent completion designated and do not
necessitate an excessive amount of revision and correction by City. Additional
revisions or design submittals are required (and within the scope of Consultant's
duties under this Contract) if, in the opinion of the City Engineer or designee,
Consultant has not adequately addressed City-provided review comments or
provided submittals in accordance with City standards.
m) Prepare and submit Monthly Status Reports to the Project Manager no later than
the last Wednesday of each month with action items developed from monthly
progress and review meetings.
The City staff will:
a) Designate an individual to have responsibility, authority, and control for
coordinating activities for the Project.
b) Provide the budget for the Project specifying the funds available for the
construction contract.
c) Provide electronic copy the City's Standard Specifications, Standard Detail sheets,
Front End Contract Documents, and forms for required bid documents.
3. Bid Phase.
The A/E will:
a) Participate in the pre-bid conference and submit agenda for critical construction
activities and elements impacting the Project to PM prior to pre-bid conference.
b) Assist the City in solicitation of bids by identification and notification of prospective
bidders.
c) Review all pre-bid questions and submissions concerning the bid documents and
prepare, in the City's format for Engineering Services' approval, any addenda or
other revisions necessary to inform Contractors of approved changes prior to
bidding.
d) Attend bid opening, analyze and evaluate bids, and prepare bid tabulation in City
format. Provide bid tabulation in Excel and PDF formats.
e) AE shall review Statement of Experience and confirm it meets Contract
requirements. AE shall contact three (3) lowest bidder's references for review and
evaluation. Provide signed recommendation concerning award of the Contract on
Company letterhead.
f) In the event the lowest responsible bidder's bid exceeds the construction budget
provided by the Engineering Services in accordance with the A/E's design phase
OPCC estimate required above, the Engineer will confer with City staff and provide
recommendations for potential remedy options to reconcile scope and/or budget,
and if necessary, make such revisions to the bid documents as the City staff deems
necessary to re-advertise the Project for bids.
EXHIBIT "A"
Page 5 of 12
Revised 26 March 2019
g) Provide two (2) hard copy sets and one (1) electronic set of conformed drawings
and conformed Contract Documents (PDF and original format{CAD/word/etc.})
to the City.
The City staff will:
a) Advertise the Project for bidding, maintain the list of prospective bidders, issue
(with the assistance of the A/E) any addenda, supply bid tabulation forms, and
conduct bid opening.
b) Receive the Engineer's recommendation concerning bid evaluation and
recommendation and prepare agenda materials for the City Council concerning
bid awards.
c) Prepare, review and provide copies of the Contract for execution between the City
and the Contractor.
4. Construction Administration Phase.
The NE will perform contract administration to include the following:
a) Participate in pre-construction meeting conference and provide a recommended
agenda for critical construction activities and elements impacting the project.
b) Review Contractor submittals and operating and maintenance manuals for
conformance to Contract Documents.
c) If requested by the City, review and interpret field and laboratory tests.
d) Provide interpretations and clarifications of the Contract Documents for the
Contractor and authorize required changes, which do not affect the Contractor's
price and are not contrary to the general interest of the City under the Contract as
requested by the Owner's Authorized Representative (OAR).
e) Make periodic visits to the site of the Project to confer with the City Project
Inspector and Contractor to observe the general progress and quality of work, and
to determine, in general, if the work is being done in accordance with the Contract
Documents. This will not be confused with the project representative observation
or continuous monitoring of the progress of construction. FEE BASED ON 3
VISITS PER MONTH FOR 15 MONTHS.
f) Provide interpretations and clarifications of the plans and specifications for the
Contractor and recommendations to the City for minor changes which do not affect
the Contractor's price and are not contrary to the general interest of the City under
the Contract as requested by the OAR
g) Attend final inspection with City staff, provide punch list items to the City's
Construction Engineers for Contractor completion, and provide the City with a
Certificate of Completion for the Project upon successful completion of the Project.
h) Review Contractor-provided construction "red-line" drawings. Prepare Project
Record Drawings and provide a reproducible set and electronic file (both PDF and
AutoCAD r.14 or later) within one (1) month of receiving the Contractor's red-line
drawings. All drawings shall be CADD drawn using dwg format in AutoCAD, and
graphics data will be in .dxf format with each layer being provided in a separate
file. Attribute data will be provided in ASCII format in tabular form. All electronic
data will be compatible with the City GIS system. The Record Drawings should
incorporate the Contractor's red-lines and identify all changes made during
construction. The Drawing Cover and each sheet should be clearly identified as
the Record Drawing and should indicate the basis and date.
i) When requested by the OAR, assist in addressing Request for Information (RFI)
submitted by the Contractor.
EXHIBIT "A"
Page 6 of 12
Revised 26 March 2019
The City staff will:
a) Prepare applications/estimates for payments to Contractor.
b) Conduct the final inspection with the Engineer.
B. ADDITIONAL SERVICES
This section defines the scope of additional services that may only be included as part of this
contract if authorized by the Director of Engineering Services. A/E may not begin work on any
services under this section without specific written authorization by the Director of Engineering
Services. Fees for Additional Services are an allowance for potential services to be provided and
will be negotiated by the Director of Engineering Services as required. The A/E shall, with written
authorization by the Director of Engineering Services, perform the following:
1. Permit Preparation. Furnish the City all engineering data and documentation necessary
for all required permits. The A/E will prepare this documentation for all required
signatures. The A/E will prepare and submit identified permits as applicable to the
appropriate local, state, and federal authorities, including:
a) Union Pacific Railroad, Missouri Pacific Railroad, or any other railroad operating in
the area
b) TxDOT utility and environmental permits, multiple use agreements
c) Wetlands Delineation and Permit
d) Temporary Discharge Permit
e) NPDES Permit/Amendments (including SSC, NOI, NOT)
f) Texas Commission of Environmental Quality (TCEQ) Permits/Amendments
g) Nueces County
h) Texas Historical Commission (THC)
i) U.S. Fish and Wildlife Service (USFWS)
j) U.S. Army Corps of Engineers (USACE)
k) United States Environmental Protection Agency (USEPA)
I) Texas Department of Licensing and Regulation (TDLR)
1. Provide copy of Contract Documents along with appropriate fee to Texas
Department of Licensing and Regulation (TDLR) for review and approval of
accessibility requirements for pedestrian improvements (as authorized by
Additional Services).
2. Coordinate RAS inspection services at the end of construction and pay
associated fee.
m) Texas General Land Office (TGLO)
n) Other agency project-specific permits
2. Topographic and Right-of-Way (ROW) Survey. All work must comply with Category
1-A, Condition I specifications of the Texas Society of Professional Surveyors'Manual of
Practice for Land Surveying in the State of Texas, latest edition. All work must be tied to
and in conformance with the City's Global Positioning System (GPS) control network. All
work must comply with all TxDOT requirements as applicable. Include references tying
Control Points to a minimum of two (2) registered NGS Benchmark Monuments in the
vicinity of the Project that will not be disturbed by construction. Survey sheets shall be
sealed, provided to the City and included in the bid document plan set.
a) Establish Horizontal and Vertical Control.
b) Establish both primary and secondary horizontal/vertical control.
EXHIBIT "A"
Page 7 of 12
Revised 26 March 2019
c) Set project control points for Horizontal and Vertical Control outside the limits of
area that will be disturbed by construction.
d) Horizontal control will be based on NAD 83 State plane coordinates (South
Zone), and the data will have no adjustment factor applied - i.e. -the coordinate
data will remain in grid.
e) Vertical control will be based on NAVD 88.
f) All control work will be established using conventional (non-GPS) methods.
Perform topographic surveys to gather existing condition information.
g) Locate proposed soil/pavement core holes as drilled by the City's Geotechnical
Engineering Consultant.
h) Obtain x, y, and z coordinates of all accessible existing wastewater, storm water,
water, IT and gas lines as well as any other lines owned by third-parties and
locate all visible utilities, wells and signs within the apparent ROW width along
project limits. Survey shall include utility marking from the Texas 811 request.
i) Open accessible manholes and inlets to obtain information on structure invert,
type, and size; and all related pipe size, type, invert, orientation, and flow
direction.
j) Everything up to and including Level B subsurface engineering (SUE) is to be
included in Topographic Survey. -- • - - -- - - - - - -- -
be provided when needed as part of the scope of work for SUE below.
k) Locate existing features within the apparent ROW.
I) Locate and identify trees, at least five inches in diameter, and areas of significant
landscape or shrubs within the apparent ROW.
m) Generate electronic planimetric base map for use in project design.
n) Obtain finished floor elevations of critical and habitable structures along the
roadway corridor as needed to certify drainage design criteria are met.
o) The survey should not stop at the property line, but should extend beyond the
property line as needed to pick up features and surface flow patterns in the
vicinity of the Project that could potentially impact the design or be impacted by
the construction. This includes features such as existing swales or ditches,
foundations, loading docks/overhead doors, driveways, parking lots, etc.
p) Research plats, ROW maps, deed, easements, and survey for fence corners,
monuments, and iron pins within the existing ROW and analyze to establish
existing apparent ROW.
q) Provide a preliminary base map containing apparent ROW, which will be used by
the A/E to develop the proposed alignment and its position relative to the existing
and proposed ROW. This preliminary base map must show lot or property lines,
addresses, and significant business/facility names.
3. ROW/Easement Acquisition Survey and Parcel Descriptions NOT REQUIRED-Ali
- 0. -- •-- - - - - - -- _ -- - --- - - - -:•
Professional Surveyors'Manual of Practice for Land Surveying in the State of Texas, latest
edition.
proposed for acquisition. Metes and bounds descriptions must indicate parent tract
must be shown.
EXHIBIT "A"
Page 8 of 12
Revised 26 March 2019
b) Prepare Metes and Bound Instrument with supporting exhibits as required and
" - -- , -- - ' --- -•- - • -- -- - _.._.
and temporary construction asements.
• - -- -• -- - - -- - - -a. - - - - - - -- 0 e 0.
submittal.
d) A/E must obtain Preliminary Title Reports from a local title company and provide
copies of the title reports to the City. Preliminary Title Report shall identify title
ownership and any title encumbrances to all right of way to be acquired.
4. Environmental Issues. SCOPE TO BE DETERMINED Identify and develop a scope of
work for any testing, handling and disposal of hazardous materials and/or contaminated
soils that may be discovered during construction.
5. Public Involvement. Participate in two public meetings. One public meeting shall be held
after submittal of the Final Engineering Letter Report and one public meeting shall be held
prior to start of project construction. Prepare exhibits for meetings. Provide follow-up and
response to citizen comments. Revise contract drawings to address citizen comments, as
directed by the City. Significant revisions based on public meeting feedback may be
negotiated for an additional fee.
6. Subsurface Utility Investigation (Level A)
TO BE PROVIDED BY CITY -- • - •-- -• - - - - - - - a-- -
accordance with ASCE Standard "ASCE C I, 38 02, Standard Guideline for the Collection
and Depiction of Existing Subsurface Utility Data". A s algid Level A SUE report shall be
provided to the City and included in the bid documents as an appendix.
C I, 38 02, Standard Guideline for the Collection and Depiction of Existing
Subsurface Utility Data" including, but not limited to, hydro excavation. The
i) Excavation The survey scope includes working with a subsurface utility
in specified areas through the project limit. Quality Level A includes the
determine the horizontal and vertical position of underground utilities, as
well as the type, size, condition, material, and other characteristics. Utilities
topographic survey control. The utility will be identified, and an elevation
will be obtained to the top of the utility.
7. Construction Observation Services. To Be Determined.
EXHIBIT "A"
Page 9 of 12
Revised 26 March 2019
8. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one-
year period after acceptance of the Project. Note defects requiring contractor action to
maintain, repair, fix, restore, patch, or replace improvement under the maintenance
guaranty terms of the contract. Document the condition and prepare a report for the City
staff of the locations and conditions requiring action, with its recommendation for the
method or action to best correct defective conditions and submit to City Staff. Complete
the inspection and prepare the report no later than sixty (60) days prior to the end of the
maintenance guaranty period.
9. Televising Utility Lines. CITY TO PROVIDE CLEANING AND TELEVISING FOR
WASTEWATER LINES. Provide cleaning and televising of existing storm water utility lines
to verify existing conditions. Analyze photos and videos to recommend repairs and/or
improvements and provide a written report with findings and recommendations. A copy of
all photos and videos (in standard video and image format) shall be provided to the City.
Provide the services above authorized in addition to those items shown on Exhibit"A-1"Task List,
which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List does
not supersede Exhibit "A".
EXHIBIT "A"
Page 10 of 12
Revised 26 March 2019
II. SCHEDULE
Date Activity
TBD NTP
6 weeks Draft ELR submittal
3 weeks City Review
2 weeks Final ELR submittal
8 weeks 60% Design Submittal
3 weeks City Review
5 weeks 90% Design Submittal
3 weeks City Review
2 weeks 100% Pre-ATA Submittal
2 week Final Sealed Bid Package
2 weeks Advertise for Bids
2 weeks Pre-Bid Conference
2 weeks Receive Bids
3 weeks Contract Award
4 weeks Begin Construction
65 weeks Complete Construction
III. FEES
A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing all "Basic Services"
authorized as per the table below. The fees for Basic Services will not exceed those identified
and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for
all expenses incurred in performing these services. The fee for this project is subject to the
availability of funds. The Engineer may be directed to suspend work pending receipt and
appropriation of funds. For services provided, A/E will submit monthly statements for services
rendered. The statement will be based upon A/E's estimate (and with City's concurrence) of the
proportion of the total services actually completed at the time of billing. City will make prompt
monthly payments in response to A/E's monthly statements.
B. Fee for Additional Services. For services authorized by the Director of Engineering Services
under Section I.B. "Additional Services", the City will pay the A/E a not-to-exceed fee as per the
table below:
EXHIBIT "A"
Page 11 of 12
Revised 26 March 2019
Summary of Fees
Basic Services Fees Street Storm Water Wastewater Water Gas Total
1. Preliminary Phase $57,503 $28,664 $2,859 $22,931 $5,733 $117,690
2. Design Phase $124,968 $62,484 $1,300 $49,987 $12,496 $251,235
3. Bid Phase $13,295 $6,648 $5,318 $1,329 $26,590
4. Construction Administration Phase $20,000 $10,000 $8,000 $2,000 $40,000
Subtotal Basic Services Fees $215,766 $107,796 $4,159 $86,236 $21,558 $435,515
Additional Services Fees (Allowance)
1. Permit Preparation* $3,704 $3,703 $3,703 $11,110
2. Topographic and ROW Survey* $41,290 $18,580 $10,323 $10,322 $2,065 $82,580
3. ROW/Easement Acquisition Survey and TBD
Parcel Descriptions (TBD)
4. Environmental Issues (TBD)
5. Public Involvement* $6,830 $3,415 $2,732 $683 $13,660
6. Subsurface Utility Investigation (Level A) BY CITY
(Hydro-Excavation & Report by City)
7. Construction Observation Services TBD TBD TBD TBD TBD TBD
8. Warranty Phase $2,140 $1,070 $856 $214 $4,280
9. Televising Utility Lines Storm Water Only.* $20,920 $20,920
(Wasterwater lines to be performed by
City)
10. Street Light Improvements (No New
Street Lights Anticipated for this Project)
11. Traffic Signal Improvements (No New
Signals Anticipated for this Project)
Subtotal Additional Services Fees $50,347 $47,728 $10,345 $17,635 $6,670 $132,550
Total Fee $265,938 $155,524 $14,504 $103,871 $28,228 $568,065
*Additional Services authorized in coordination with the notice to proceed for Basic Services.
EXHIBIT "A"
Page 12 of 12
Revised 26 March 2019
Company Name COMPLETE PROJECT NAME
Billing Contact Info City Project No.XXXX
Invoice No. 12345
Invoice Date: MM/DD/YYYY
Billing Period: From XXXXX to YYYYY
Original Amend Amend Total Previous Current Total Remaining Percent
Basic Services: Contract No. 1 No.2 Contract Invoice Invoice Invoiced Balance Invoiced
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.
If applicable, refer to the contract for information on what to include with time and materials(T&M). EXHIBIT"B"
Page 1 of 2
Revised 7/29/19
Company Name COMPLETE PROJECT NAME
Billing Contact Info City Project No. XXXX
Invoice No. 12345
Invoice Date: MM/DD/YYYY
Billing Period: From XXXXX to YYYYY
Original Amend Amend Total Previous Current Total Remaining Percent
Inspection Services: Contract No. 1 No. 2 Contract Invoice Invoice Invoiced Balance Invoiced
Consultant Fees $49,400.00 $0.00 $0.00 $49,400.00 $5,200.00 $0.00 $5,200.00 $44,200.00 10.5%
Hours @ $65/hr (John Doe) 760.00 0.00 0.00 760.00 80.00 0.00 80.00 680.00 10.5%
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 2 of 2
Revised 7/29/19
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