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HomeMy WebLinkAboutC2010-499 - 12/14/2010 - Approved~~ CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES 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 of Engineering Services) and Chuck Anastos Associates LLC, a Texas corporation, {ArchitectlEngineer - A/E), hereby agree as follows: 1. SCOPE OF PROJECT New Fire Station No. 18 (BOND 2Q08} (Project No. 5246) A new fire station will be constructed to meet the needs of development and increased call volume in the Ayers Road area between Saratoga Boulevard and South Padre Island Drive. This location responds to the 2005 Tridata Comprehensive Analysis of Fire and EMS Delivery Study to improve response time and coverage. This project will include the cost of construction for a new fire station with building, equipment and parking on City owned property. The new station will be approximately 5,600 square feet and located at the corner of Ayers Road and Saratoga Boulevard next to the new Public Safety Warehouse for Fire and Police. 2. SCOPE OF SERVICES The A!E hereby agrees, at its own expense, to perForm professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, AIE will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices} and provide contract administration services, as described in Exhibit "A" and "A-'I ", to complete the project. Work will not begin on Additional Services until requested by the AIE (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. AIE services will be "Services for Construction Projects"- (Basic Services for Construction Projects") which are shown and are in accordance with "Professional Engineering Services- A Guide to the Selection and Negotiation Process, ~ 993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The AIE agrees to begin work on those authorized Basic 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 AIE and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the A/E to undertake additional 2010-499 vided that no increase in fee is required. Services or tasks M2010-301 i24B-New Fires[ationinareaoFHolly&Saratogall.argeAESL,argeAB.doex Large AID Contract 12/14/10 Page 1 of 3 Chuck Anastos Assoc. ~~~~~~~ ~ ~ ~ ~' requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. AIE shall notify the City of Corpus Christi within three (3} days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A!E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B". 5. FEE The City will pay the AIE a fee, as described in Exhibit "A", for providing services authorized, a total fee not to exceed $~ 51,073.00 {One Hundred Fifty-One Thousand Seventy-Three Dollars and Zero Cents}. Monthly invoices will be submitted in accordance with Exhibit "D". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the AIE at the address of record. In this event, the AIE will be compensated for its services on all stages authorized based upon AIE and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The AIE agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA}. Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The AIE will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the AIE staff. If the AIE is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No-part of the AIE fee maybe assigned in advance of receipt by the AIE 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. H:180MH1Ke]IyO1G&NSPOLIC6 Bc FIRHIFE[t&15246- New Fire Station en area of Holly ~ Saretogall.arge AEVLarge A&.docx LargB A!E C4ntraCt Aage 2 of 3 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Director of Engineering Services. However, the AIE may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re-use of modified plans. 10. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form attached as Exhibit I~C~, CITY OF CORPUS.. HRISTI CHUCK A S ASSOCIATES, LLC Juan Perales r., P.E. Date Chuck Anast s, AIA Date Assistant City Manager 901 South Staples Corpus Christi, TX 78404 (361 } 884-4422 Office RECOMM LADED (361 } 884-4419 Fax z v 'i~ Pete Anaya, P.E. Date Director of Engineering Services ~~~ -~~.~.,.~~1TFl~~t1~~ ATTEST. ~ Ctlrtll~Gll. ~„j~„~,[~~~Q °"'wMr..w... r.a~J4/. sEC~~r~~r'~rb- Armando Chapa, City Sec ry A PROVED AS TO FORM ,~, City Attorney Da#e ~a~~-~v H:4}IGM61Kel]yO1GEN5POLICIi & FII2EYFIRE152A6• New Fire Station No. Y8VLaTge A85Large AE.docx ENTERED NOI~ 0 ~. 210 CONTRACT MANAGERS Large AIE Contract Page 3 of 3 CtIUCI( fll~flS'TOS ASSOCIATES, L L C ~~~ ~~ fl A R C H I T E C T U R E INTERIOR DESIGN P O 90X 3883 CORPUS CHRIST] TEXAS 78483 901 5 STAPLES CORPUS CHRISTI TEXAB 78464 TEL 3611884-4422 FAX 3611884-4A19 14 September 2010 Mr. Pete Anaya, PE Director of Engineering Services City Of Corpus Christi PO Box 9277 Corpus Christi, TX 78469-9277 Re: Proposal for the A & E services for the New Fire Station #18, City of Corpus Christi Project #5246 Dear Mr. Anaya: Chuck Anastos Associates, LLC is pleased to submit this Proposal for the A & E services far the , Bond Issue 2008 New Fire Station #18. This Proposal is for the architectural, structural, MEP and civil engineering services as outlined in Exhibit A-1 far the fallowing scope of work: 1. The design of a new Fire Station to be located at the corner of Ayers Street and Saratoga Street, an land owned by the City. 2.. The design of the facility shall be loosely based on the Fire Station #17 plan, with the fallowing improvements: A. The size of the facility shall be increased -from 5,200 SF to 5,635 SF, expanding the living, dining, kitchen and exercise areas to better facilitate daily operations; B. The facility's floor plan will be modified to accommodate two (2)- captain spaces; C. The exterior wails will be designed to provide a shelter in place structure and to provide a better, airtight building than is capable with a metal building structure; D. The roof structure wilt be a low pitched sloped roof or flat (slope to drain) roof, eliminating the voluminous space in the apparatus room and above the living areas; E. The facility will have a fire suppression system throughout; i=. Depending on the geotechnical report, this facility may require a suspended concrete .slab foundation; G. The air conditioning system(s) will be redesigned to meet current national standards; and H. The facility will be designed to incorporate green building technologies wherever practical. This will include building orientation, screening of windows, and selection of sustainable materials when appropriate and affordable. The total estimated construction cost with contingency for this Project is $ 1,489,809.00 and the total estimated Project cost is $ 1,994,674.00. We aroAOSe to prov_ide_the following architectural services for each Phase of this Project: 1. Design Phase (Refer to attached Exhibit A-1 Task List): ^ Obtain a site plan of the building site from City staff describing metes and bounds, existing conditions at each site, etc.; ^ Field survey existing conditions at site and produce a digital survey; ^ Analyze International Building Code, Texas Windstorm and TDLR requirements; ^ Prepare Preliminary Design Drawings for the new facility and meet with Registered Accessibility Specialist for review of preliminary design(s); City Proposal Page 1 - 3 City or Corpus Christi Project #5246 EXHIBIT "A" Pa e 1 of 4 5 n ^ Meet with City staff representative(s) as required for design review and approval; ^ Produce final Design Plans (Construction Documents) far bidding and construe#ion; and • Submit final Design Plans Registered Accessibility Specialist for submission to State of Texas. 2. Bidding Phase {Refer to attached Exhibit A-1 Task List}: ^ Participate in the pre-bid conference; ^ Assist the City in solicitation of bids; ^ Review all pre-bid questions and prepare necessary addenda; ^ Attend bid opening, analyze bids and make recommendations concerning award of Contract. 3. Construction Phase (Refer to attached Exhibit A-1 Task List}: ^ Make approximately one (1)- site visit per week during construction to observe the work and provide progress photographs; ^ Meet with and advise Public-Art Committee as necessary to comply with City Ordinance; and ^ Make approximately one (1)- site visit per week during construction to observe the quantity of work, and review and approved Contractor's Applications for Payment monthly. Clients' Responsibilities: It is hereby agreed that the Client shall be responsible for the following: 1. The Client shall provide all required site information including a legal description and geotechnical report prior to commencement of Design Phase. If replatting, amending or rezoning of the property is required, all associated work shall be considered additional services. 2. The Client shall provide all required storm water drainage as indicated on subdivision plans. 3. The Client shall provide all utilities to this project site. Compensation for the above-describe_ d services shall be as follows (See attached A 1 E Fee Breakdown}: 1. Basic and additional services compensation to the architect for the above described services shall be a flat fee of One Hundred Fifty One Thousand Seventy Three Dollars ($151,073.00). Distribution of Fees: 1. Preliminary Design Phase 2. Design Phase 3. Bidding Phase 4. Construction Observation Phase To#al Distributed Fee =$ 26, 772.00 ~$ 80,827.00 _$ 1,a0o.o0 _$ 42.474.00 _$ 151, 073.00 City Proposal Page 2 - 3 City of Corpus Christi Project #5246 EXHIBIT "A" Aa e 2 of 4 ti Attached are Exhibit A-1 (Task List}, Preliminary Project Cost Estimate, AIE Fee and Time Schedule, and Exhibit B Disclosure Form for your use in preparation of the Contract. We are prepared to commence this Project immediately upon receipt of your approval to proceed. Sincerely, Chuck Anasto~`. AIA STATEMENT ~F CERTIFICATI03J: The Texas Board of Architectural Examiners, PO Box 12337, Austin, Texas 78711, Telephone (512) 305-9000, has jurisdiction over complaints regarding the professional practices of persons registered as architects in the State of Texas. City Proposal Page 3 - 3 City of Corpus Christi Project #5246 EXHIBIT "A'° Pa e 3 of 4 SCHEDULE DAY DATE ACTIVITY Wednesday December 8, 2010 Begin Preliminary Design Phase Monday January 10, 2011 Design Memorandum Submission Friday January 28, 2019 City Review Meeting Monday January 31, 2011 Begin Design Phase Friday May 13, 2011 100% Design Review Submission Friday June 3, 2011 City Review Meeting Monday June 27, 2011 Final Design Submission Monday (2} TBD Advertise for Bids TuelWed/Fri TBD Pre-Bid Conference Wednesday TBD Receive Bids Monday TBD Begin Construction Weekday TBD Construction Completion SUMMARY OF FEES Fee for Basic Services 9 . Preliminary Phase 20,772.00 2. Design Phase 76,827.00 3. Bid Phase 1,000.00 4. Construction Phase 10,157.00 Subtotal Basic Services Fees $108,756A0 Fee for Additional Services (Allowance) 1. Warranty Inspection 1,500.00 2. Preparation of Record Drawing Set 2,000.00 3. Topographic Survey 3,500.00 4. Submission to TDLR 3,500.00 5. Public Art Design Coordination 500.00 6. Landscape & Irrigation Plans 2,500.00 7. Supplemental Construction Observation 28,817.00 Sub-Total Additional Services Fees $42,317.00 Total Fee $151,073.00 ~3CHI~IT "Ae" f'~~~ 4• of ~ ~~ CtillClf flfll~ST05 ASSOCI RTES, LL C EXHIBIT A-1 Bond Issue 2008 New Fire Station #18 -Project No. #524fi TASK LIST PRELIMINARY PHASE 1. Site Analysis ^ Field Visit to site; ^ Review existing conditions that will impact project; ^ Verify building and parking requirements; ^ Coordinate details of survey; and ^ Develop site plan confirming feasibility of proposed meets and bounds and verify building I parking will fit on land limits proposed by the City of Corpus Christi. A R C H I T E C T U R E INTERIOR DESIGN P D BOX 3883 CDRPUS CHRISTI TEXAS '76463 901 5 STAPLES CORPUS CHRISTI TEXAS 78404 TEL 3611884-4422 FAX 361 1884-441 9 2. Programming ^ Review City of Corpus Christi Prototype Fire Station plan, and analyze City User Group desired modifications, goals and priorities; ^ Develop preliminary cost estimate and project schedule; and ^ Meet with City User Group and City Staff for program submission review. 3. Preliminary Design ^ Modify Program as directed by City; ^ Code Review -Meet with City for building code issues and utilities; ^ Develop floor plan layouts} (deliverable); ^ Develop site plan layout(s) (deliverable); ^ Develop exterior elevation(s) from floor 1 site plan (deliverable}; Meet with City User Group and City Staff to review exterior elevation studies; ^ Upon approval of exterior elevation -refine design concept submission to include (deliverable): o Site Plan o Floor Plan o Exterior Elevations o Building Sections o Color Rendering (if authorized) o Qutline Specifications ~-Materials Description; ,EXHIBIT "A-1" Pa e 1 of 6 Update Preliminary Cost Estimate (deliverable); and Submit Design Memorandum Package for City User Group and Staff approval. DESIGN PHASE ^ Develop approved concept design; ^ Coordinate details of geotechnical investigation; ^ Develop and Submit 60% Design Package for Owner's Review and Approval {deliverable): o Ti#le Page; o Site Plan; o Floor Plan; o Wall SectionslBuilding Section; o Reflected Ceiling Plans; o Light and Electrical Power Layouts (Fixtures Selection); o HVAC One Line; o Concept Furniture Plan; and o Conceptual Landscape and Irrigation Plans ^ Update outline material specifications (deliverable); ^ Provide updated cost estimate/project schedule (deliverable); ^ Further develop construction and bid documents from approved 60% submission; ^ Coordinate with Owner the use of City Standards in general and supplementary contract conditions; ^ Compile bid technical specifications; ^ Meet with City Staff and City User Group periodically to review progress and details of design; ^ Submit 90% Construction Documents 1 Specifications for Owner Review and Comment (deliverable); ^ Update Construction Cost Estimate and Project Schedule (deliverable); ^ Submit 100% Construction Documents /Specifications for Owner Review and Comment {deliverable); and ^ Submit drawings and specifications for Texas Accessibility Review. BIDINEGOTIATIONICONTRACT PHASE ^ Communicate with bidders and sub-bidders; ^ Attend pre-bid conference; ^ Issue addenda and clarifications in advance of bid for City distribution; ^ Assist Owner in receiving bids and qualifications, and attend Bid Opening; ^ Assist Owner in reviewing bids and qualifications; and Perform post-bid value engineering analysis if project exceeds budget. EXHBIT "A-1 °' Pa e2af6 CONSTRUCTION PHASE ^ Attend Pre-construction conference; ^ Attend monthly job-site meetings and review progress of work; ^ Submit written field report and photographs to Owner for each weekly site visit and meeting; ^ Review shop drawings and submittals; ^ Prepare color selections on all product submittals -prepare 3 color boards for Owner review and approval; ^ Review and recommend process Applications for Payments; ^ Review Materials Testing i.ab Reports; ^ Perform punch list inspection; ^ Receive and review closeout documents; ^ Perform one punch list re-inspection; ^ Verify submission of Windstorm Design certification and contractor provided #nspection Certification to State Insurance Board; ^ Authorize and coordinate Texas Accessibility Inspection prior to release of retainage to contractor; ^ Perform one-year warranty inspection prior to expiration of warranty (approximately 10 months after completion); ^ Receive contractor's submitted record documents, integrate all variations and field information on the electronic drawings -submit to Owner on CD; and ^ Conduct additional weekly site visits for construction inspection review as separate additional services (if requested). INCLUSIONS Storm water pollution prevention plan wilt be specified by Architect. Contractor is responsible for design and application of TCEQ and Gity permitlcertifications; AIE will bear the cost of all travel, mileage, printing, plotting and other associated expenses as part of basic services (excluding final bid documents). The following items will be invoiced as additional expenses {if authorized by the City): o Design Memorandum submission; o Color Renderings -Board mounted copies in excess of {2); o Construction documents submissions (2) -copies in excess of 1 o Final bid documents printing and distribution; o Color boards submission -copies in excess of {1); o Windstorm ^esign Certification and Inspection will be specified by Architect. Contractor is responsible for windstorm inspections and construction certifications by a structural engineer; A/E coordination of design and integration of public artwork is included as part of the scope of basic services; EXHIBIT "A-1" Pa e3of6 Pre-design services for site analysis and development of a detailed document are included as part of the scope of services; Landscapellrrigation system design and specifications is included as Owner's basic service; and Owner or Owner's Technology Representative shall work with AIE during the design of this project. AIE design shall be limited to the following: Telecommunications System: o Locate phone and da#a outlets on electrical plan; and o Specify conduits and raceways for installation for computer wiring and phone system under Owner's separate contract. Computer Network: o Locate power and data outlets on electrical plan; o Specify conduits and raceways and protected power system (if required) for owners computer systems; o Locate MDF and IDF rooms to serve Owner's network systems; and o Owner will execute separate contract for computer system wiring, switches, racks and devices. Audio Visual Systems: o Locate and specify projector screens and projector mounts for owner provided audio video system; o Locate power outlets and data outlets; o Coordinate lighting design and lighting controls for owner provided audio-video systems; o Specify wall mounted T.V. brackets if required; and o Owner to contract separately for coaxial or data cabling, TVs, and computer projectors. Interior design work by AIE shall be limited {as per line item) to the following: o Develop a "concept" furniture plan; o lnterior color selection of al! building materials; o Coordination with Owner concerning list of "built-in" items and list of owner provider furniturelequipment; o Coordination with Owner concerning color selections of building and furniture; o Design bid alternate for contractor constructed casework, shelving and any built-in furniture; and o Development of {'I) color boards for coordination of interior colors. Integrated building security technology design which is provided upon owners authorization shall be designed and specified by M.E.P. Engineer and constructed as part of contract. Pending Owner Agreement and Authorization, fee steal! be as follows: o Fire Alarm -- Part of basic service fee; o Card Key Access (limited to exterior doors); and EXH1BlT "A-1" Pa e4of6 Signage Graphics -Design and coordination shall be included as part of services. Signage will be included in the building construction contract and if authorized will include: a Building Plaque; o Interior room Signage; o Site traffic signs and markings; and o Site accessibility signs. EXCLUSIONS FRDM SCOPE OF SERVICE ^ No work is included for the analysis, testing or abatement of any kind of hazardous site material or environmental assessments, ^ No work is included for the analysis design or planning concerning any property platting or re-platting, any zoning or building code variances. All such work if authorized will be considered addi#ional services; ^ No specialty consultants for fire station design, fire fighting equipment, computer systems, telecommunications, audio-visual or other integrated technology is included as part of this scope of service; and ^ No off-site utility design work is included as part of basic services. If the AIE is authorized to design off site utility improvements, it shall be an Owner's optional additional service. EXHIBIT "A-'I" Pa e5af6 CflI~CI( flnflS'TOS ASSOCIATES, L LC fl A R C H I T E C T U R E INTERIOR DESICsN 14 September 2010 Fire Depar#ment Facili#ies- Fire Station #18 City of Carpus Christi Project #5246 Preliminary Cost Estimate 1. New Building and Site Improvements (5,635 SF x $ 209.001 SF) 2. Contractor's OH & P (150% x Item #1 } Construction Subtotal {Items #1 - #2) 3. Construction Contingency (10% x Items #1 - #2) 4. Public Art (1 114 % of Construction Subtotal x items #1 - #2} 5. Furniture (Allowance} 6. Fire Alarm and PA Systems} (Allowance) 7. Landscaping and Irrigation System (Allowance) Project Subtotal {items #1 - #7} 8. Soft Cast (25% x Items #1 - #7) A. Architecture 1 Engineering Fee B. Contract Administration C. Engineering Services D. Construction inspection E. Testing (Geotech & Quality} F. Band Issuance G. Miscellaneous printing & adver#izing H. City contingency _$ 1,177,715.DD _$ 176,657.D0 _$ 1,354,372A0 =$ 135,437.OD =$ 16,930AD _$ 32,000.00 _$ 17,ooo.aD _$ 40,000.00 _$ 1,595,739A© =$ 398.935.04 otal Estimated Project Cost Items #1 - 8 =$ 1,994,f74A0 Pp BOX 3683 CORPUS CHRISTI TEXAS 78463 9 0 1 S STAPLE S CORPUS CHRISTI TEXAS 7 8 4 tl 4 This estimate of construction cost represents the Architect's best judgment as a design professional familiar with the construction industry. It is recognized, hpwever, That neither the Architect nor the Ciry has control aver the cost of labor, TEL 361 / 88q-4422 materials or equipment, over the Contractors methods of determining bid prices, or over competitive bidding, market or FAx 361!884-4419 negotiating conditions. EXHIBIT `"A-1" Pa +r6of6 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR AIE PROFESSIONAL SERVICESICONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Written No#ice of Cancellation, Bodily Injury & Property Damage non-renewal or material change required Per occurrence - aggregate on alf certificates COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises -Operations 3. Products) Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE L1MIT 1. Owned vehicles 2.. Hired -- Non owned vehicles PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions WORKERS' COMPENSATION $1,000,000 per claim 1$2,000,000 aggregate (Defense costs not included in face value of the policy} 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 an Insured Which Complies with the Texas Workers Compensation Act EMPLOYERS' LIABlL1TY 5 00, 0 0 01500, 00 01500, 000 C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. EXH1BlT "B" Pa e 7 of 3 D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full farce 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. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of parkicular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall 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 notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 Fax: (361) 828-4555 G. 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: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; ii. 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; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (34} calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. H. Within five (5} calendar days of a suspension, cancellation, or non-renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance EXHIBIT "B" Pa e2of3 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. 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 stop work hereunder, andlor withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. 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 contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, far or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged #o have arisen out of or in connection with the negligent performance of Consultant's serr-ices covered by this contract. The foregoing indemnity shalt apply except if such injury, death or damage is caused by the sole or concurrent negligence of -the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT "B" Pa e3of3 ~;j~y~,~ SUPPLIER NUMBER !,1 TO BE ASSIGNED BY~-~1~'Y~~ PURCHASING DIVISION Ciry of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 171 i2, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not a~~licable, answer with "NA". See reverse side for Filing Requirements, Certifications and definrtions. COMPANY NAME: Chuck Anastos Associates, LLC P. O. BOX: P.O. Box 3883 STREET ADDRESS: 901 S. Staples FIRM IS: 1. Corporation e 4. Association CITY: Corpus Christi ZIP: 78463-3883 2. Partnership ® 3. Sole Qwner ^ 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this pa a or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Sob Title and City Department (if known} NIA 2, State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3 % or more of the ownership in the above named "firm." Name Title NIA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee NIA 4. State the names of each employee ar officer of a "consultant" for the Cify of Corpus Christi who worked on any matter related to the subject of this contract and as an "ownership interest" canstituting 3% or more of the ownership in the above named "firm." Name Consultant NIA EXHIBIT "C" Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the,requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d}] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be prornptiy submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Chuck Anastos, AIA ~" J Title: President (Type ar Print) Signature of Certifying Person: Date: a~ ~~ DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the farm of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court judges of the City of Corpus Christi, Texas. £ "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements," g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "C" Page 2 of 2 W a Z H ~ ~ N N 7 ~ R O O O ~ azz ~ V ~ . FW...~~ 7 O J O ~ C aa_ V ~ ~ ~ a V ~ ~a a v _ d W ~ Q ~ f" ~ h ~ ~ v O ., '' ~ C a - c d O ~ ~ a~ ~~ F' O V N 0 Z .a Q r O Z a C O V O 0 O r o 0 ~ 0 0 0 0 0 0 M 0 lf7 C~! 0 Q 0 Q 0 O o O O O o r r o O C'7 a r r O M N 0 ^ ^ ^ o 0 0 0 o ~ ~ ~ ~ ~ H ~ H o ~ e-' 69 Ef-} 6g 6~} O O O 0 0 0 ^ ^ ^ 0 O O 6 9 6'~ 0 0 b9 69 b9 69 0 0 0 o 0 0 ^ ^ ^ ° ° ° 69 0 a 0 o ~ c~ o ~° Q ~ ~ H H i- ~ ~ ~ N r r O C O O ~ O N N ~ ~ ~ t f~ t ~ C 'f O O 1~ LC! N O !D m m m I~ ~ r ~ ~ ~ N ~ M M N r r ~ ~} ~ f~ ~ ~ r O O N ^ ^ ^ ~ ~ O ~ S N ~ N ti N O N (O iQ N (D 00 ~,,,, ~,_, ~,., r r r r r r (~j b9 69 69 69 0 0 0 0 q 0 ^ ^ ^ O N N ~- Ef} N N O O r r O r- r- ~ ~ ~ r ,- t- ~-- r ~ CV 69 b4 69 6'} ° ° ° ° ° ° ^ ^ ^ ° ° ° ° ~ o o o o o m m o o o o O o ~n ~n o o ~ I - o 0 0 0 r CV CV (~ N C1E CO fV 00 t~3 69 69 69 69 69 ,`+~~', N a~ N ~ ~ ~ Cn ~ c~ . ~ a ~ N C1. v ~ ~ U v ~ c_ E p , v1 g, -~ o 00 [L ^ m U cn is (n N ~ '~ ~ 0 y Li U ~ ~ L!. V) ~ cn a ~ ~ ~ o ~ n ~ ~ ~ ~ N cv Q ~+ ~ c ~ LL O ~ c o~ Q ~ ~ {n a p ~ ` U o ~ ~ ^ O ~ ~ c~ - N ~ ~ Q v ~ ~ ' a `~ Q i ~ = a.o c n cn v~ m a H ~~ ~~ W ~ W °o V~Oc~ i m ~ U W = ~~ ~ W ~ o a w ~ g J _Z W W Z_ C9 Z W O - ~- Z O U