HomeMy WebLinkAboutC2013-100 - 3/4/2013 - NAAMENDMENT No. 4 - AlE AGREEMENT
for
Consultant Services
This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home-rule.
municipal corporation, "CITY ", acting through its duly authorized City Manager or designee ( "City
Engineer), and Stridde, Calling; & Associates, Inc. a Texas corporation or partnership,
"CONSULTANT ", acting through its duly authorized representative who is Scott Stridde, P.E.,
President which agree as follows:
Original Contract
Administrative Approval
November 10, 2011
$20,000.00
Amendment No. 1
Administrative Approval
March 16, 2012
$30,000.00
Amendment No. 2
Administrative Approval
Aril 19, 2012
$0.00
Amendment No. 3
Motion No. M2012 -103
June 12, 2012
$125,000.00
1. DECLARATIONS. "CITY" desires to engage "CONSULTANT" to provide services in
connection with City's project, described as follow: Energy Services Peer Design /Submittal Review
JESCO Design/Build) (Project El 1102) "PROJECT ".
2. SCOPE OF WORK. "CONSULTANT" shall provide services for the PROJECT in
accordance with the accompanying Letter, Scope of Services and Fee attached as "Exhibit A'.
3. INDEMNIFICATION AND' HOLD HARMLESS. The Consultant agrees to indemnify,
save harmless and defend the City of Corpus Christi, and its agents, servants, and employees as
more fully set forth in Exhibit "B ".
4. FEE. The "CITY" agrees to pay the "CONSULTANT" for services provided in
accordance with Exhibit "A ", Scope of Services and Fee under this AGREEMENT, an additional total
fee not to exceed $0.00 ( Zero Dollars and Zero Cents for a restated not to exceed fee of
$175,000.00 One Hundred Seventv Five Thousand Dollars and Zero Cents . Monthly invoices will
be submitted in accordance with "Exhibit C ".
CITY OF CORPUS CHRISTI
Oscar R. Martinez (Date)
Assistant City Manager
RECOMMENDS
f �
C&atkfg bepMment (Date)
APPROVED AS TO FORM
2013 -100
3104113
Striddle, Callins & Associates Inc
STRIDDE, CALLINS & ASSOCIATES
Scott Stridde, P.E. (Date)
President
342 S. Navigation Blvd.
Corpus Christi, Texas 78405 - 3615
(361) 883 -9199 Office
(361) 883 -9177 Fax
t� '
(Date) RECOMMENDED
, (A , r 3
Daniel les, P. E., (Date)
(Date) Director of Engineering Services
.1E11162 ENERGY ERVICES PEER REVIEMSTRIDDE CALLINSViMENDMENT NO.41AMENDMENT NO. 4.d= IND
ATTEST
Armando Chapa
City Secretary
Project No: E11102
Fund Na 550950 -3161- 00000- E11102
Fund Source Name: Ener gy Efficiency CIP 2012 PPFCO
Encumbrance Number: -C'ti % s ?\ N %
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BXMIBIT "A"
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EXHIBIT °`A"
Pa e 2 of 2
EXHIBIT "B"
MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION
FOR AIE PROFESSIONAL SERVICES/CONSULTANT 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 Notice of Cancellation, Bodily Injury & Property Damage
non - renewal or material change required Per occurrence - aggregate
on all 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 LIMIT
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' LIABILITY
500,000/500,000/500,000
EXHIBIT "B"
Pa e 1 of 3
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.
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 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.
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 particular 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) 826 -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:
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 (30) 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.
EXHIBIT "B"
Page 2 of 3
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
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.
I. 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, and/or
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, for 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 to have arisen out of or in
connection with the negligent performance of Consultant's services covered by this
contract. The foregoing indemnity shall 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.
� J EXHIBIT "B"
Page 3of3
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Basic Services:
Preliminary Phase
Design Phase
Bid Phase
Construction Phase
Subtotal Basic Services
Additional Services:
Permitting
Warranty Phase
Inspection
Platting Survey
O & M Manuals
SCADA
Subtotal Additional Services
Summary of Fees
Basic Services Fees
Additional Services Fees
Total of Fees
COMPLETE PROJECT NAME
Project No. XXXX
Invoice No. 12345
Invoice Date:
Total Amount Previous Total Percent
Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete
$1,000
$0
$0
$1,000
$0
$1,000
$1,000
100%
2,000
1,000
0
3,000
1,000
500
1,500
50%
500
0
250
750
0
0
0
0%
2,500
0
1,000
3,500
0
0
0
0%
$6,000
$1,000
$1,250
$8,250
$750
$1,500
$2,500
30%
$2,000
$0
$0
$2,000
$500
$0
$500
25%
0
1,120
0
1,120
0
0
0
0%
0
0
1,627
1,627
0
0
0
0%
TBD
TBD
TBD
TBD
TBD
TBD
TBD
0%
TBD
TBD
TBD
TBD
TBD
TBD
TBD
0%
TBD
TBD
TBD
TBD
TBD
TBD
TBD
0%
$2,000
$1,120
$1,627
$4,747
$500
$0
$500
11%
$6,000
$1,000
$1,250
$8,250
$750
$1,500
$2,500
30%
2,000
1,120
1,627
4,747
500
0
500
11%
$8,000
$2,120
$2,877
$12,997
$1,250
$1,500
$3,000
23%
Sample form for:
Payment Request
Revised 07/27/00
SUPPLIER A` MMER
TO BE ASSH[iNED By T-
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTEREST
Cit of Corlm Christi Ordinance 17112, as amen" requires all persons or 1vins skin& to do businm
�V1 the City to provide the fallowing iufmrmatimn. l iee��. estion must base tinswered. It the question is
not applica.W a umr with "NA". S� reverse lade. for Hinge Requirements, CeAfficafians mid
definitions.
CO NIPANY NAME: Stridde, Callins & Asseciates, Inc,.
F. d BOX:
STREET ADDRESS= 342 S. Naviatiion Blvd
CITY: Corpus Christi ZIP: 784 9"615
FIRM IS: I_ Corpomion 1 PaMembip � 3. Sole Owner i]
4. Asswiation ILU 5. t th"
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attuh separate sheet.
1. State the navies of each employee of the City of Cogms Christi haling an ovvnership iiet+erest
constituting 3% or mom of the ownership in the above named - 'f inn. -
y� p Nainae Job Title and City Department .(if Iniou-n)
.'A
1 State the tai Of 93ch - official" or the CitY of Corpus Christi haying an -ownership inteleW
ctmstiluling 3% or more of the ownership in the above named - faritn.
Name `title
N/A
3, Stag the aiariaes Of c " bQwd nnember' of the City of Corpus Christi having an "ownership imerest"
C*nstilvling 3% or more of the Ownership in the above named "f arm,"
Name Board, Commission orCommittee
NIA
4. State the nanum of each employee or officer of a con5ultanr" for the Cary of Corpus Christi %to
worked on any matter related to the subject of this col mia and Hiss an ' imcre
ctamituting 3 %a or more of the ownership in the above named - 'firm." p
lA ante Comsullant
FILING REQUIREMENTS
tEIEfVTS
If xt peace who realttCM official action on a matter knows that the req uested action will emfer an
ecotttt ie bew it 4m any City official or ern that is distinguishable from the ,eff°ea that the actin
will have, on tact LVO of the public in neral or a sub stial scyine€tt th f; you shall disclose that fait
in a signed wrid"g to the Ctty o t�iul, empioyee or body that l21 been uested to. nt in the matter
unle" the interest a d* City ofTiial or loyee in the matter ispppparen discimve shall also be
in a signed writing filed with the Ciecrelmy. [Ethics Ordinance Section 349 (d)]
CERTIVICATiONf
I certify that all infotyttatiot pratvided is true crud Comm as of"the date of this statement„ that l have not
knowingly witltlteld disclosure of any infamitation requested: and that supplemental statements will be
promptlly submitted to the City of Corpnts Christi, Texas as changes occur
Certifying Permit: Scott SuMde, Y.E. Title: President
DEFINITIONS
a. "Board members' A member of any board, commission, or committee appointed by the City
Council of'the City ofCdrpus Christi, Tom.
b, "Economic benel"r, 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 segm€ n thereof.
c. Employee." Any. person employed by the Cite of Corpus Christi, Texas either on a full. or part -
time basis, but not as an independent contractor.
d. ` " Any entity operated for economic gain, whelha 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 form of sole proprietorship as self - employed person, p rtnnership, CsDrpor titm, joint
smock company, joint venture, receivmhip or trust, and entities which for purposes of taxation are
3reated as non-profit organizations.
e. - Official The Mayor, Members of dw City Council, City Manager, Dgmty City Manager,
Assistant City Managers, I rttncnt and Division Heads, and Municipal Court .Judges of the City of
Corpus Christi, Texas,
f "Ownership Interest:' legal or equitable interest, whether actually or cot+smMliveiy held, in a
from, including when such interest is held du -(mgh an agent, trust, estate, or holding entity.
"Constructively held" refers to holdings or conurol established through voting trusts, .proxies, or
special terms of %rentere or partnership agreements."
g. - Consultant. - Any person or firm, such as engineers and architects, hire -d by the City of Corpus
Christi for the purpose of professional consultation and r ommendation-