HomeMy WebLinkAboutC2007-391 - 11/20/2007 - ApprovedAgreement for Consultant Services
Northside Redevelopment Plan
The City of Carpus Christi, Texas, hereinafter called "City", and Civic Design Associates, a Texas
corporation, hereinafter called "Consultant", hereby agree as follows:
I. ER111CE T~ BE PERF~RNlED
The Consultant hereby agrees, at higher own expense, to perform all services necessary to research,
document, and complete the scope of work to complete the project described a follows.
II. CAPE ~F BERIIICEB
A. PROJECT BC~PE
PHASE I: Research and Assessment. Consultant will conduct up to four ~4} cammunity meetings, a mail
survey, stakeholder interviews, and an assessment of existing conditions. The Consultant will prepare and
deliver to the Assistant City Manager of Development Bervices twenty ~~4} copies of a draft, Based upon the
comments and results of the presentation, the Consultant will finalize the report} deliver twenty ~~0} copies to
the Assistant City Manager of Development Services. The Consultant will conduct one ~1 } meeting to present
the final report. Additionally, the Consultant will conduct a presentation of the report to the Planning
Commission the City Council.
,Phase ~: R~d~v~lvpment PIanlReport. The Consultant will canduct two ~2} cammunity meetings. The
Consultant will prepare a regulatory assessrr~ent repork based upon the Research and Assessment Phase and
the results of the comaunity }Hastings, The repark will be delivered to the Assistant City Manager of
Development Services.
The Consultant will prepare and conduct a design workshaplcharrette with a n~inimur~ of three ~} public
}Hastings. The Consultant will prepare a draft report outlining the results of the regulatory assessment and
design workshoplcharrette. The Consultant will prepare and deliverto theAsitant City Manager of
Development Bervices twenty ~~a} copies of a draft report and canduct one ~~ }meeting to present the draft
report. Based upon the comments and results of the presentation, the Consultant will finalize the report,
deliver forty X40} copies to the Assistant City Manager of Development Services and conduct one meeting ~~ ~
to present thefinal repork. A presentation of the report gill also be delivered to Planning Cor~r~ission the City
Council.
Phase ~: Final Report. Based upon input from the cammunity, neighbarhaad, City staff, Planning
Corr~mission, and City Council, the Consultant will canductfour ~~} comaunity meetings, complete afinancial
anafysis, and prepare a final }apart and action plan Twenty ~~0} copies of the final reparklactian plan will be
delivered to the Assistant City Manager of Development Bervices. The Consultant will canduct one ~~ }
presentation of the final draft reportlaction plan. The Consultant will finalize the reportfollowing the
presentation of the draft }apart, Twenty ~~0~ copies of the final }apart will be delivered to the Assistant City
Manager of Development Bervices, After City staff review, the Consultant will make any changes ar
corrections requested and deliver forty ~4a} copies of the revised final report. The Consultant will present the
revised final report to the Planning Cor~n'~ision and City Council.
~. PAINT ~F C~NTA~T -The Assistant City Manager of Development Bervices gill designate a single
paint of contact for all communications, information and documents to pass through. Any actions taken by the
Consultant on instructions, information or concurrence provided by or through any other source will not be
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Pale 1 of 8
~vi~ ~le~~gn Assaciste~
. ORDER OF ERVlDES -The consultant agrees to begin work immediately after written authorization
from the Assistant Dity hJlanager of Development Services.
!I!. FEES AUTHORIZED
The pity will pay the cnultant a total not to exceed fee of 1 x,71 a.aa. This fee will be full and total
compensation for all services provided and e~cpenes incurred in performing the tasks specified.
The table "Summary of Fees" shall be used when calculating the fee due for the proportion of services
completed. The pity shall make prompt payments in response to consultant's statements far Professional
Services.
Billing far services pravided in will be based on the Donsultant's estimate of the percent of services complete at
the time of billing. However, in no case will the billing exceed 95°lo of the fee for each phase until said phase
is complete in the sale opinion of the Assistant pity Nfanagerfar Develapment Services ar his designee.
consultant will submit monthly statements for work authorized by the Assistant pity IVlanager of Develapment
Services and performed by the Consultant. The statement will be based upon Donsultant's estimate and
concurrence by the City of the proportion of the total services actually completed at the time of billing The pity
will make prompt monthly payments in response to consultant's monthly invoices.
All invoices shall be accompanied by a cover letter summarizing the fee in accordance with the Summary
Schedule of Fees. Invoices will be sequentially numbered far each project and state the project Warne. The
letter shall state the number of the current invoice, the contract fee far each task, the amount previously
invoiced for each task, and the current amount due. Invoices will be organised to accon~n~odate funding
sources.
~ummarv of F~~s:
Phase ~ Not to Exceed
Bud et
1. ~ Four Cam~nunity Meetings ~}~a~.~a
1.~ Mail Survey G,~~~.a~
1 ~ ~ Stakeholder I nterv~ews 1 ~, ~~~. ~~
~ .4 existing anditian Assessment ~ a,Oaa.Da
~ .~ Draft Report ~~~~ 40a.0a
1.fi Final Report ~2a}and Presentations ~~} ~,~aa,0a
1.7 Revised Final Report and Presentation to Planning Commission & pity council ~,8~a.aa
Phase ~ Total Fee 43,a0a~0a
Phase ~
~. ~ ommunit Meetin s 2 ~,~Oa.00
2.2 Re u Iota Assessment Re art 5, 000. DO
2.3 Deli n 1Narksho ~Charette 3~,~~O.Q~
2.4 arkshap Repark 8,00.00
~.5 Draft Re art and Presentations ~ 2,800.0
~,~ Final Re art and Presentation 1 1,6000
~.~ Revised Final Re art and Presentation to Piannin Commission & Cit Council 8,200.0
Phase ~ Total Fee 60,800F0
Phase 3
3.1 Car~muni Meetin s ~ 4,800,0
3.2 Financial Anal sis 7,200.00
Page ~ of S
3.3 1=~r~ai ~e artlActia~ Plan 8,OQ0.~
3.4 Graft Re arts 2a and Presentation ~,800.~
3.5 Final Re arts a 40~,~0
3.~ Re ort 4a and Presentation to Plannin ~ar~r~issian & fit Council 3,~Qa.a
Phase ~ Total Fe 26,400~a0
Pro~ect Contin enc ~,~~~,~~
Total plot to exceed Fee $1 5,10,04
III. TERI~INATI~I~ OF ~~NTRA~T
The City lUlanager may, at any time, pith or v~vithout cause, terminate this contract upon seven days vuritten
notice to the Consultant at the address speoified bela~v.
if termination occurs prior to the final completion of ell v~ork contemplated by this contract, the Consultant shall
be paid a reasonable compensation far the services actually rendered in accordance Frith the above-described
schedule of fees end in proportion to the amount of ~vork dare on such stages or phases as have been
authari~ed.
The foregoing shall not be construed to require the City 1Vlanager to compensate the Consultant for any
services not performed in a proper, professional manner,
V. hI~TIC~ A~DR~
Correspondence concerning this contract shall be sent to the City end Consultant as follav~rs:
City: Consultant:
Robert Nix, AICP James D. Hill, AIA, AICP, Principal
Assistant City 11~anager of Development services Civic Design Associates
City of Carpus Christi 4G2 ~ I~antrose Blvd., Buite B24a
P. ~. Box 9~~7 Haustan, T~ 77'00
Corpus Christi, T~ ~8~~9-g~77 ~ ~ 3-aZ~-BB06
3~~-8~~~3~~~ fax ~1~-5~0-~1g7
fax ~~~-82-3~3g a-nail: jhillcivic-design~cam
e-rnailF robertncctexas.con~
VI. LOCAL PARTICIPATION
The City Council's stated policy is that City expenditures on contracts far professional services be of maximum
benefit to the local economy. The Consultant agrees that local liaisons gill be used to the extent practical.
VII. D~VNERHIP~F D~CU~lENT
All documents including contract documents, reports, Consultant's field data, and deliverables data shall upon
payment of all fees aged under this agreement, be the sole property of the City. Those documents may be
used by the City for other City projects, and ~vith the exception of standard forrr~s that are not specific to this
project may not be used again by the Consultant ~vithout the express ~uritten consent of the Assistant City
Manager of Development ervices~ The City utirill assume sale liability far arising out of any reuse or
modification of the Consultant's documents, except uwrhere the Consultant is found to be liable by a court or
forum of competent jurisdiction.
VIII. C~RRECTIN N1ATT~R
Any extra cost and expense necessary to correct matters caused by failure of the Consultant ar hislher sub
consultants to exercise a reasonable degree of professional care u~i11 be paid by the Consultant and not
reimbursed by the City.
Page 3 of S
I AICNABILITY
The Consultant shall not assign, transferor delegate any of its obligations or duties under this oontract to any
other person without the prior written consent of the City, except far routine duties delegated to personnel of
the Consultant's staff. No part of the Consultant's fee may be assigned in advance of receipt by the Consultant
without written consent of the City
The City shall 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
~. IN~E~IINIFICATI~N. Consultant must indemnify and hold City, its officers, employees or agents
{"Indernnitees"~ harmless of, from, and against all claims, demands, actions, damages, losses, costs,
liabilities, expenses, and judgments recovered from or asserted against Indemnitees on account of injury
or damage to person or property to the extent any such damage or injury may be incident to, arise out of,
or be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the
performance of this Agreement; an act or orr~ission, negligence or rr~iscor~duct on the part of Consultant,
or any of its agents, servants, contractors, or err~ployees in performance of this Agreement. Consultant
agrees to indemnify and save harmless City, i#s agents, servants, and employees, {"Indemnitees"~, from
any and all liabilities, losses, damages, or expenses, including attorney's fees resulting from the
negligence or acts or arrrissions of Consultant, its employees, officers, agents or contractors, while in
performance of this Agreement.
XI, INSURANCE
The Consultant gill submit to the Assistant City I~lanager of Development services a certificate of insurance,
with the City named as additionally insured, showing the minimum coverage set Earth in Exhibit "A" by an
insurance company acceptable to the City.
III. DICL~URE ~F INTEREST
In compliance with City of Corpus Christi Ordinance Flo. 1112, Cansultat~t agrees to complete the City of
Carpus Christi ~~clos~re of lr~fere~s form vuhioh is incorporated in the contract as Exhibit ~`B"
CITY OF CORPUS CHRISTI CIVIC ESIGN
By: I~a~~~~ Nag ~~~By: 2 0
Robert Nix, A1CP Date uth rized Re resentative D to
P
Assistant City Manager
ATTEST:
l ~
City Secretary Date
APPROVED AS TO FORM:
~ ~ - ~~-~~
Assist nt City orney Date
~~~~~
AU~rN~R~I
~~~~ ~ ~ ~ ~
~. rrr....~.,~.,~~
~~~~ARv
Page 4 of ~
EXHIBIT A
INSURANCE REQUIREMENTS
I. B~NBI~LTANT'B LIABILITY INURANE
A. consultant must not commence vuork under this agreer~ent until all insurance required herein
has been obtained and such insurance has been approved by the pity. The consultant must
not allo~r any subcontractor to cor~mence pork until all similar insurance required of the
subcontractor has been obtained.
B. Bonsultant must furnish to the pity's Risk Manager t~uo ~~} copies of Certificates of Insurance,
sho~uing the follov~ring minimum coverage by insurance company~~ acceptable to the pity's
Risk Manager. The pity must be named as an additional insured forthe general liability policy
and a blanket~raiver of subrogation i required an all applicable policies.
TYPE ~F INURANDE II~IiNIIIIIUI~I INBURANDE COVERAGE
3o-Day -rvritten notice of cancellation, Bodily injury and Property Damage
rr~aterial change, non-rene-~ral or
termination i re uired on all certificates
~OMMERIAL GENERAL LIABILITY including: 1,a0a,a0~ Darnbined dingle Limit
~. arnrnercial Farm
~. Premises y ~peratians
~. Praductsl Dampleted ~perativns Hazard
~~ ~vntractual Liability
~F Independent ontractars
B. Personallnjury
PR~FEIQNAL LIABILITY including: 1,gga,aa~ arnbined dingle Limit
average provided must covey officers, direcfars
employees and agents
~ . ERROR AND ~MMIBI~N
~. In the event of accidents of any kind, the Consultant rust furnish the Risk Manager v~ith
copies of all reports of such accidents Within ten ~~ 0}days of accident.
II. ADDITIONAL REG~UIREMENT
A. Certificate of Insurance:
The City of Corpus Christi must be named a an additional insured on the General
liability coverage and a blanket v~aiver of subrogation i required on all applicable
policies.
~ag~ 5 of 8
If your insurance company uses the standard ARD form, the cancellation clause
{bottom right} mist be amended by adding the r~ording "changed or" bet~reen "be}' and
"canceled"t and deleting the v~rords, "endeavor #o", and deleting the utirording after "left".
In lieu of n~odificat'ran of the AoRD form, separate policy endorsements addressing
the same substantive requirements are mandatory.
`1•he name of the pra~ect must be listed under "Description of operations"
At a minimum, a 0-day v~rritten notice of cancellation, material change, non-rene~ral
or termination is required,
B. If the certificate of Insurance does not on its face shove the existence of the coverage
required by items 1. B {1 }#~~}, n authorized representative of the insurance company must
include a letter specifically stating v~hether items 1.B. {1 ~^{6} are included or excluded.
Page 6 of 8
'' ~ 1 U~
.~ ~E1S
- ~ hr~~ti
CITY F CORPUS CMRIsTI
aICLgURE OF INTEREST
City of Corpus Christi ordinance 1~~ ~~, as amended, requires all persons or firrns seeking to do business with the City to
provide the following information. Every question must be answered. if the question is not applicable, answer with NA.
FIRM NAME: ~; V
STREET: ~~~~ I~ONTi~ ~~ Sum ~2~p CITY:' ~~~~ ZIP; Db(o
,.
FIRM is~ ~. Corporation ~, Partnership . dale Owner 4. Association
5. Dther 1~~~
DICL~URE QUESTION
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
~. State the names of each employee of the City of Corpus Christi having an ownership interest constituting
~°1~ or more of the ownership in the above named firm.
Name ,fob Title and pity Department cif known
~~~
~. State the names of each official of the City of Corpus Christi having an ownership Enterest constituting 3°I~
or more of the ownership in the above named firm.
Name Titie
~~~
3. Mate the narrwes of each board member of the City of Corpus Christi having an ownership interest
constituting 3°l~ or more of the ovwrnership in the above named firm.
Name Board, Commission or Committee
~ ~ ~
4. State the names of each employee or officer of a consultant for the City of Corpus Christi who worked on
any matter related to the subject of this contract and has an ownership interest constituting 3°I~ or more of
the ownership in the above named firm.
Name Donsultant
~~~
CERTIFICATE
I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld
disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of
Corpus Christi, Texas as changes occur.
Certifying Person: JA~1~5 'D• Hlt-L Title: P~~~~PAf~
ype ar rm
Signature of Certifying Person: Date: l l ~ (~ 07
Page 7 of 8
D~FINITIDNS
aF Board Member. A member of any board, commission ar committee eppainted by the City Council of
the City of Carpus Christi, Texas.
b. Em~lo ee. Any persan employed by the City of Corpus Christi, Texas, either on a full ar part time
basFS, ut not as an independent contractor.
c. Firm. Any entity operated far economic gain, whether professional, industrial ar commercial and
whether established to produce or deal wNth a raduct ar service, including but not limited to,
entities .operated in the form of, sale praprie arship, , a self-employed person, partnership,
corporation, joinf stack company, j~~nt venture, receivership ar trust and entities which, for purposes
of tax~tian, ire treated as non-profit arganizations~
d. official. T#~e Ma ar, members of the City Council, Ci~ty Mana er, ~eput City Mans er, Assistant
. ' ` of the it of Car us
Devi i n H an IVIunNC~ a Court Ju e
Cit Mana ers ~e artment and s o ead d
t p p
Chr~stl, Texas
e. Ownership lnterest..Leg~l or equitable interest, whether actually or constructively held, in a firm,
inciuding when such interest is held through an agent, trust,, estate or holding entity. Constructively
held refers to ha{din or control established thrau h vat~n trusts raxies ar s ecial terms of
.9 g g ~p p
venture or partnership agreements.
f. Consuitant. Any persan ar firm, such as engineers and architects, hired by the City of Corpus
r f i nal consultafan and recammend~tion,
Chr~st~ far the purpose of p o ass o
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M:IH~MEIKEV~NlGENlDevelaperviceslNort~sideRedevelopme~tPlanlContract.doc