HomeMy WebLinkAboutC2013-358 - 12/10/2013 - Approved I I
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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 Partnership, 901 South Staples Street, Corpus Christi, Nueces
County, Texas 78404, (Architect/Engineer—A/E), hereby agree as follows:
1. SCOPE OF PROJECT
Packery Channel, Phase 3, Restroom Facilities (Project No. 3399)—The scope of this
project includes design and construction of a restroom on the south side of Packery
Channel and adjacent parking lot with roadway connection to Zahn Road. A new lift
station will also be constructed to connect a new wastewater line from the restroom to an
existing lift station on Zahn Road.
This design contract also includes development of an overall conceptual site plan to
include the restroom (Phase 3) and future Packery Channel Pavilion (Phase 5). Design
and construction of the Pavilion are beyond the scope of this contract.
2. SCOPE OF SERVICES
The NE hereby agrees, at its own expense, to perform design services necessary to
review and prepare plans, specifications, and bid and contract documents. In addition,NE
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-1", to complete the Project. Work will not begin on Additional Services until
requested by the A/E (provide breakdown of costs, schedules), and written authorization is
provided by the Director of Engineering Services.
NE 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, 1993" 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 NE 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 NE 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
2013-358 Contract for Engineering(NE)Services
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M2013-177
Chuck Anastos Associates LLC INDEXED
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 NE 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.
NE shall notify the City of Corpus Christi within three (3) days of notice if tasks requested
requires an additional fee.
4. INDEMNITY AND INSURANCE
NE agrees to the mandatory contract indemnification and insurance requirements as set
forth in Exhibit "B".
5. FEE
The City will pay the NE a fee, as described in Exhibit "A", for providing services
authorized, a total fee not to exceed $193,500.00, (in numbers), One Hundred Ninety
Three Thousand Five Hundred Dollars and Zero Cents (in words). Monthly invoices will be
submitted in accordance with Exhibit "C".
6. TERMINATION OF CONTRACT
The City may, at any time, with or without cause, terminate this contract upon seven days
written notice to the NE at the address of record. In this event, the NE will be
compensated for its services on all stages authorized based upon NE 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 NE 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 NE 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 NE staff. If the A/E 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 NE fee may be assigned in
advance of receipt by the NE without written consent of the City.
Contract for Engineering(NE)Services
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CONTRACT PROFESSIONAL SERVICES.DOC
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.
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 NE without the express written consent of the Director of Engineering
Services. However, the NE 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
NE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to
complete, as part of this contract, the Disclosure of Interests form.
CITY OF CORPUS CHRISTI CHUCKA AS ASSOCIATES,LLC
/ 3 / 'is +" 1
M rk Van Vleck, P.E. a Chuck Anas os, AIA Date
Interim Assistant City Manager President
For Public Works and Utilities 901 S. Staples Street
Corpus Christi, TX 78404
RECOMMENDED (361) 884-4422 Office
(361) 884-4419 Fax
t/J4)
Daniel Biles, P. E., Date
Director of Engineering Services
•
t0r43 1-'12x13- ]1 ,
Michael Morris Date
Director of Parks and Recreation y► Cpunt.iiL._.,�,. I �3
SICIETAIW)/
APPR ED
///t 113
Office of Management
Date k/
and Budget
Contract for Engineering(NE)Services
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CONTRACT PROFESSIONAL SERVICES.DOC
ATTEST
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Armando Chapa, City Secretary
Packery Channel Phase 3.Restroom Facilities (Proiect No E03399)
Department Fund Source No. Amount
Packery Channel TIF #2 550950-3278-00000-E03399 $193,500.00
Total $193,500.00
Encumbrance No.
ENTERED
OCT 2 5 2013
CONTRACT MANAGERS;,(
Contract for Engineering(NE)Services
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CONTRACT PROFESSIONAL SERVICES.DOC
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( HICK U U H \ T O \^ s Snc ' ^ / E ti. . L c
28 Augus 2013
Mr. Daniel Biles, PE
Director of Engineerinservces
City Of Corpus Christi
PO Box g2T7
Corpus Christi, TX 78409'9277
Re: Arhdeoure/ EngineahngPnzposa| forthePaokeryChanne| |mprovemonts. Phaao3Reutrnom
Facilities at Packery Channel Pnojeot, Corpus Chrisd, Texuu. City of Corpus Christi Project
#TBD
Dear Mr, Bi|eo:
Chuck Anastos Associates, LLC is pleased to submit this A/ E Proposal for the above referenced
City Project, This Proposal combines the services of Chuck Anastos Associates, LLC as lead
architect with akuctuns|, civil and MEP engineering consultants. The Project consists of the following
scope of Work:
1. The master planning of elevated restroom facilities with three men's and three women's
restrooms, future pavilion with elevated deck/shade structure (Phase 5), adjacent parking for
38 vehides, turn around and road connector to Zhan Road. and sanitary sewer gravity line to
— 5, Tortuga Dunes.
2. The design of elevated restroom facilities with three men's and three women's restrooms:
3, The design of adjacent parking for 38 vehicles. road connector to Zhan Road and beach
access road with turn around (2 roads); and
4. The design of sanitary sewer gravity and water to Tortuga Dunes
ARCHITECTURE
.mrcn.op DESIGN Our ProjectAE scope shall be as follows:
1. Design layout for new design scheme(s)for elevated restrooms and future (Phase 5) pavilion;
2, Design layout for roads, parking and sanitary sewer;
3. Meet with City staff and beach committee(s)to review and critique plans:
4. Modify designs to meet staff recommendations and produce final Design Plans (Construction
Documents)for bidding and construction;
5. Assist the City during the Bidding Phase(s); and
6. Conduct construction observation site visits during construction,
We propose to provide the following architectural services for each Phase of this Project:
1, Design Phase(Preliminary Design and Construction Documents):
• Prepare digital preliminary design drawings and develop building details;
•
Meet with City staff as required for design review and approval:
• Produce final Design Plans (Construction Documents)for bidding and construction; and
°
Prepare estimated Construction Cost Estimates
po 9 0 3 88 3
CORPUS CHRISTI 2. Bidding Phase:
TEXAS 78463 • Participate in the pre-bid conference;
901 a STAPLES • Assist the City in solicitation of bids documents;
o Review all pre-bid questions and prepare necessary addenda;
conpun CHRISTI
TEXAS ,n^o^ City Proposal Page 1 —o
TEL �,` ,,^^.^��� Pa'*e�Channel|mpmvemenu.Phase sneat,00mFaomoesa,packe�Channel pm/e�wTao
FAX 36`'634 ^^`o
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EXHIBIT"A"
Page 1 of 2
• Attend meetings, analyze bids and make recommendations concerning award of
Contract.
3. Construction Phase:
• Make approximately one(1)-site visit per week during construction to observe work.
• Windstorm certification shall be provided by Contractor's structural engineer.
Estimated Construction Costs(See attached Pre-Project Estimated Cost Estimate):
It is estimated this Project base bid for the above described project will be approximately
$ 1,866,000.00 with $ 967,500.00 allocated for future Phase 5 Pavilion Expansion.
Clients' Responsibilities:
It is hereby agreed that the Client shall be responsible for the following:
1. The Client shall provide all required building information including a set of "Record Drawings"
plans prior to commencement of Design Phase; and
2. The Client shall coordinate all meetings and special requirements of all beach committees.
Compensation for the above-described services shall be as follows (See attached A / E Fee
Schedule):
1. Basic and additional services compensation to the architect for the above described services
shall be a flat fee of One Hundred Ninety Three Thousand Five Hundred Dollars
($ 193,500.00).
Distribution of fee shall be as follows: (See attached A/E Fee Schedule):
1. Master Plan Phase(Restroom's, Future Pavilion, Road & Parking) =$ 25,000.00
2. Preliminary Design Phase and Survey Work(Restroom's, Road and Parking) =$ 40,000.00
3. Design Phase and Road/Off Site Utilities(Restroom's, Road and Parking) =$ 97,500.00
4. Bidding Phase(Restroom's, Road and Parking) =$ 2,500.00
5. Construction Observation Phase Services(Restroom's, Road and Parking) =$ 28,500.00
Total Architectural Fee =$ 193,500.00
We are pr- dared to commence this Project immediately upon receipt of your approval to proceed.
Sincer: y,
Chuck Anast.s, AIA
STATEMENT OF CERTIFICATION: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 2—2
Packery Channel Improvements,Phase 3 Restroom Facilities at Packery Channel Project#TBD
EXHIBIT"A"
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CtitICK Islas
A ) ,
EXHIBIT A-i
Channel improvements, Phase 3 Restroom Facilities at Packery
Channel Project, City of Corpus Christi Project#TBD
TASK LIST
PRELIMINARY PHASE
1. Site Analysis
• Field Visit to site.
• Review existing conditions that will impact project.
• Verify building and parking requirements.
• Develop site plan confirming feasibility of proposed meets and bounds
and verify building / parking will fit on land limits proposed by the City of
Corpus Christi.
2. Programming
171
• Review City's scope of work; and analyze City User Group goals and
priorities.
ARCHITECTURE • Develop preliminary cost estimate and project schedule.
N-EaloR DEsiroq • Meet with City User Group and City Staff for program submission review.
3. Master Planning and Preliminary Design
• Modify Program as directed by City.
• Code Review— Meet with City for building code issues and utilities.
• Develop floor plan layout(s) (deliverable).
• Develop site plan layout(s) (deliverable).
• Develop exterior elevation(s) from floor / 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).
P0 9 OX 3 8 8 1 c Site Plan
CORPUS CNRIS1 c Floor Plan
TEXAS 8 4 3
c Exterior Elevations
7 C1
S STAPLES • Building Sections
g
O 3-D Rendering (if authorized)
CORPUS CHRISTI
TEXAS 7 8 4 0 4 EXHIBIT"A-1"
TEL 381 /884-4422 Page 1 of E
FAX 3811884-4418
snastosassociates corn
EXHIBIT"A-1"
Page 1 of 5
o Outline Specifications — Materials Description
• Update Preliminary Cost Estimate (deliverable).
• Submit Design Memorandum Package for approval.
DESIGN PHASE
• Develop approved concept design.
• Coordinate details of City provided survey, geotechnical investigation.
• Develop and Submit 60% Design Package for Owner's Review and
Approval (deliverable)
o Title Page
o Site Plan
o Floor Plan
o Wall Sections/Building Section
O Reflected Ceiling Plans
o Light Layouts (Fixtures Selection)
c Concept Furniture Plan (Including Stacks)
O HVAC One Line
(..) Electrical Outlet Locations
• 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 / 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).
• Submit drawings and specifications for Texas Accessibility Review.
BID/NEGOTIATION/CONTRACT 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.
EXHIBIT"A-1"
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EXHIBIT"A-1"
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• Assist Owner in reviewing bids and qualifications.
• Perform post-bid value engineering analysis if project exceeds budget.
CONSTRUCTION PHASE (items with strikethrough provided only at City's request)
• Attend Pre-construction conference.
• Attend monthly job-site meetings and review progress of work.
• Submit written field report to Owner for each site visit and meeting.
• Review shop drawings and submittals.
• Prepare color selections on all product submittals — prepare 1 color
boards for Owner review and approval.
• Review and recommend process Applications for Payments.
• Review Materials Testing Lab 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 Inspection Certification to State Insurance Board as additional
services.
• Authorize and coordinate Texas Accessibility Inspection prior to release
of retainage to contractor.
I 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.
• Submit written field report to Owner for each site visit and meeting.
• Conduct additional weekly site visits for construction inspection review
as separate additional services.
INCLUSIONS
• Storm water pollution prevention plan will be specified by Architect.
Contractor is responsible for design and application of TCEQ and City
permit/certifications.
• NE 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
c 3D renderings — Board mounted copies in excess of 1
o Construction documents submissions — copies in excess of 1
c Final bid documents printing and distribution
0 Color boards submission — copies in excess of 1
EXHIBIT"A-1"
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EXHIBIT"A-1"
Page 3 of 5
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O Windstorm Design Certification and Inspection will be specified by
Architect. Contractor is responsible for windstorm inspections and
construction certifications.
• NE coordination of design and integration of public artwork is included
as part of the scope of basic services.
a Pre-design services for site analysis and development of 9 detailed
document are included as part of the scope of services.
• Landscape/Irrigation system design and specifications is included as
Owner's basic service.
• Owner or Owner's Technology Representative shall work with A/E
during the design of this project. A/E design shall be limited to the
following:
Telecommunications System:
O Locate phone and data outlets on electrical plan.
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.
C Locate MDF and IDF rooms to serve Owner's network systems.
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.
o Owner to contract separately for coaxial or data cabling, TVs, and
computer projectors.
• Interior design work by A/E shall be limited (as per line item) to the
following:
o Develop a "concept" furniture/stack plan.
O Interior color selection of all building materials.
o Coordination with Owner concerning list of"built-in" items and list of
owner provider furniture/equipment.
o Coordination with Owner concerning color selections of building
and furniture.
o Design bid alternate for contractor constructed casework, stack
shelving and circulation desk.
• Integrated building security technology design which is provided upon
owners authorization shall be designed and specified by M.E.P.
EXHIBIT"A-1"
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EXHIBIT"A-1"
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Engineer and constructed as part of contract. Pending Owner
Agreement and Authorization, fee shall be as follows:
• Fire Alarm — Part of basic service fee
O Card Key Access (limited to exterior doors)
▪ Signage Graphics — Design and coordination shall be included as part of
services Signage will he included in the building construction con tract
and if authorized will include:
O Building Plaque
o Interior room signage
o Site traffic signs and markings
o Site accessibility signs.
EXCLUSIONS FROM 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 additional 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.
• No off-site utility design work is included as part of basic services. If the
A/E is authorized to design off-site utility improvements, it shall be an
Owner's optional additional service.
EXHIBIT"A-I"
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EXHIBIT"A-1"
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Packery Channel, Phase 3, Restroom Facilities
Project No.3399
SUMMARY OF FEES
Original Contract
Total
Basic Services Fees
1 Master Plan Phase $ 15,000.00 $ 15,000.00
2 Preliminary Phase $ 15,000.00 $ 15,000.00
3 Design Phase $ 70,000.00 $ 70,000.00
4 Bid Phase $ 2,000.00 $ 2,000.00
5 Construction Observation Phase $ 15,000.00 $ 15,000.00
Subtotal Basic Services Fees $ 117,000.00 $ 117,000.00
Additional Services Fees(Allowance)
1 Warranty Inspection(s) $ 1,000.00 $ 1,000.00
2 Preparation of Record Drawing Set $ 2,500.00 $ 2,500.00
3 Topographic Survey& Road/Off Site $ 7,500.00 $ 7,500.00
Utility Survey(Authorized)
4 Submission to TDLR $ 3,500.00 $ 3,500.00
5 Supplemental Engineering for Roads $ 42,500.00 $ 42,500.00
and Offsite Utilities
6 Supplemental Construction $ 10,000.00 $ 10,000.00
Observation
7 Island Committee(s) Presentation $ 3,000.00 $ 3,000.00
Rendertings
8 Landscape Plan (By Licensed $ 6,500.00 $ 6,500.00
Landscape Designer)
Subtotal Additional Services Fees Authorizec $ 76,500.00 $ 76,500.00
Total Authorized Fee $ 193,500.00 $ 193,500.00
EXHIBIT"A-2"
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EXHIBIT "B"
MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION
FOR A/E 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 $1,000,000 COMBINED SINGLE LIMIT
including:
1. Broad Form
2. Premises - Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT
1. Owned vehicles
2.. Hired — Non-owned vehicles
PROFESSIONAL LIABILITY including: $1,000,000 per claim / $2,000,000
Coverage provided shall cover all aggregate
employees, officers, directors and agents (Defense costs not included in face value
1. Errors and Omissions 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
WORKERS' COMPENSATION Which Complies with the Texas Workers
Compensation Act
EMPLOYERS' LIABILITY 500,000/500,000/500,000
EXHIBIT"B"
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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:
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 policies;
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"
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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.
EXHIBIT"B"
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K:\Engineering DataExchange\ClarissaJ\Parks\3399-Packery Channel Ph 3 Restroom Facilities\Large AE Contract-Chuck Anastos\4 EXHIBIT B INDEMNIFICATION-OCT
2010.docx
Sample form for:
COMPLETE PROJECT NAME Payment Request
Revised 07/27/00
Project No. XXXX
Invoice No. 12345
Invoice Date:
Total Amount Previous Total Percent
Basic Services: Contract Amd No. 1 Amd No. 2 Contract invoiced Invoice Invoice Complete
Preliminary Phase $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100%
Design Phase 2,000 1,000 0 3,000 1,000 500 1,500 50%
Bid Phase 500 0 250 750 0 0 0 0%
Construction Phase 2,500 0 1,000 3,500 0 0 0 0%
Subtotal Basic Services $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30%
Additional Services:
Permitting $2,000 $0 $0 $2,000 $500 $0 $500 25%
Warranty Phase 0 1,120 0 1,120 0 0 0 0%
Inspection 0 0 1,627 1,627 0 0 0 0%
Platting Survey TBD TBD TBD TBD TBD TBD TBD 0%
0 &M Manuals TBD TBD TBD TBD TBD TBD TBD 0%
SCADA TBD TBD TBD TBD TBD TBD TBD 0%
Subtotal Additional Services $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11%
Summary of Fees
Basic Services Fees $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 3016
Additional Services Fees 2,000 1,120 1,627 4,747 500 0 500 11%
Total of Fees $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23%
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City of CITY OF CORPUS CHRISTI
Corpus Chnsti
DISCLOSURE OF INTEREST
City of Corpus Christi Ordinance 17112,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 applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and
definitions.
COMPANY NAME: Chuck Anastos Associates,LLC
P.O.BOX: 3883
STREET ADDRESS: 901 South Staples Street CITY: Corpus Christi ZIP: 78463-3883
FIRM IS: 1. Corporation B 2. Partnership 6 3. Sole Owner ❑
4. Association 5. Other
DISCLOSURE QUESTIONS
If additional space is necessary,please use the reverse side of this page 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 Job Title and City Department(if known)
N/A
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
N/A
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
N/A
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%or more of the ownership in subject
above named"firm."
Name Consultant
N/A
FILING REQUIREMENTS
ENTS
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,;.ou shall disclose that fart
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, 'Hie disclosure shall also be
made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d}j
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 reque r d; and that supplemental statements will be
promptly submitted to the City of Corpus Christi,Texas `anges occur.
Certifying Person: Chuck Anastos,A.. I. A. Title: President
(7"!pc or Print)
Signature of Certifying Date: O L - ,� ,
Person: �..... ._... _. . ._. .�..,_._ _ +�_ _�...__
DEFINITIONS
a. "Board member." A member of any board. commission, or committee appointed by the Croy
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.
c. "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 form 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.
e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager,
Assistant City Managers. Deparrtment and Division Heads, and Municipal Court Judges of'the City of
Corpus Christi,Texas.
f `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." An person or firm, such as engineers s►nd architects, hired by the City of Corpus
Christi for the purpose of professional consultation and recommendation.