HomeMy WebLinkAboutC2016-158 - 4/22/2016 - NA I f r
CITY OF CORPUS CHRISTI
Amendment No. 1
ARCHITECT DESIGN CONTRACT
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 limited liability company, 901 S. Stapes Street, Corpus Christi, Nueces County,
Texas 78404, (Consultant), hereby agree as follows:
1. SCOPE OF PROJECT
City Hall Central Cashiering Stations Remodel (Project No. E15199)-Additional scope of
work to provide for the renovation of existing single window cashier's station at the Frost Bank
First Floor Cashier Station to enable staff to work efficiently and redesign workspace millwork
for the efficient use of new computer systems.
2. SCOPE OF SERVICES
The Consultant hereby agrees to perform services to complete the Project, as detailed in
Exhibit"A". In addition, Consultant will provide monthly status updates(project progress or
delays presented with monthly invoices) and provide contract administration services, as
described in Exhibit"A", to complete the Project. Work will not begin on Additional Services
until requested by the Consultant (provide breakdown of costs, schedules), and written
authorization is provided by the Director of Engineering Services.
3. ORDER OF SERVICES
The Consultant 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 Consultant 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 Consultant to undertake additional
services or tasks provided that no increase in fee is required. Services or tasks requiring an
increase of fee will be mutually agreed and evidenced in writing as an amendment to this
contract. Consultant shall notify the City of Corpus Christi within three (3) days of notice if
tasks requested requires an additional fee.
2016-158
04/22/16
Contract for Professional Services
Page 1 of 7
AP\CITY HALL\E15199 CITY HALL CENTRAL CASHIERING STATIONS REMODEL AMENDMENT NO.1\AMENDMENT NO.1.D'C DERE[
Chuck Anastos Associates,LLC
4. FEE
The City will pay the Consultant a fee as described in Exhibit "A" for providing services
authorized, a fee not to exceed $2,000.00, for a total restated fee not to exceed $12,500.00.
Monthly invoices will be submitted in accordance with Exhibit "B".
5. INDEMNITY
Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its
officials, officers, agents, employees, or other entity, excluding the engineer or
architect or that person's agent, employee or subconsultant, over which the City
exercises control ("Indemnitee") from and against any and all claims, damages,
liabilities or costs, including reasonable attorney fees and court costs, to the extent
that the damage is caused by or results from an act of negligence, intentional tort,
intellectual property infringement or failure to pay a subcontractor or supplier
committed by Consultant or its agent, Consultant under contract or another entity over
which Consultant exercises control while in the exercise of rights or performance of
the duties under this agreement. This indemnification does not apply to any liability
resulting from the negligent acts or omissions of the City or its employees, to the
extent of such negligence.
Consultant shall defend Indemnitee,with counsel satisfactory to the City Attorney,from
and against any and all claims, damages, liabilities or costs, including reasonable
attorney fees and court costs, if the claim is not based wholly or partly on the
negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly
or partly on the negligence of, fault of or breach of contract by Indemnitee, the
Consultant shall reimburse the City's reasonable attorney's fees in proportion to the
Consultant's liability.
Consultant must advise City in writing within 24 hours of any claim or demand against
City or Consultant known to Consultant related to or arising out of Consultant's
activities under this Agreement.
6. INSURANCE
6.1 Consultant must not commence work under this agreement until all required insurance
has been obtained and such insurance has been approved by the City. Consultant must not
allow any subcontractor to commence work until all similar insurance required of any
subcontractor has been obtained.
6.2 Consultant must furnish to the Director of Engineering Services with the signed
agreement 2 copies of Certificates of Insurance (COI) with applicable policy endorsements
showing the following minimum coverage by an insurance company(s) acceptable to the
City's Risk Manager. The City must be listed as an additional insured on the General
liability and Auto Liability policies, and a waiver of subrogation is required on all
applicable policies. Endorsements must be provided with COI. Project name and or
number must be listed in Description Box of COI.
Contract for Professional Services
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TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, Bodily Injury and Property Damage
required on all certificates or by Per occurrence - aggregate
applicable policy endorsements
Commercial General Liability including: $1,000,000 Per Occurrence
1. Commercial Broad Form $2,000,000 Aggregate
2. Premises — Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
AUTO LIABILITY (including) $1,000,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
PROFESSIONAL LIABILITY $1,000,000 Per Claim
(Errors and Omissions) $2,000,000 Aggregate
(Defense costs shall be outside policy
limits)
If claims made policy, retro date must be
prior to inception of agreement, have
extended reporting period provisions and
identify any limitations regarding who is
insured.
WORKERS' COMPENSATION Statutory
(All States Endorsement if Company is not
domiciled in Texas)
Employer's Liability $500,000 /$500,000 /$500,000
6.3 In the event of accidents of any kind related to this agreement, Consultant must furnish
the City with copies of all reports of any accidents within 10 days of the accident.
6.4 Applicable for paid employees, Consultant must obtain workers' compensation
coverage through a licensed insurance company. The coverage must be written on a policy
and endorsements approved by the Texas Department of Insurance. The workers'
compensation coverage provided must be in an amount sufficient to assure that all workers'
compensation obligations incurred by the Consultant will be promptly met. An All States
Endorsement shall be required if Consultant is not domiciled in the State of Texas.
6.5 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
Contract for Professional Services
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on an occurrence basis, by companies authorized and admitted to do business in the State of
Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to
provide City with renewal Certificates.
6.6 Consultant shall be required to 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: Engineering Services
P.O. Box 9277
Corpus Christi, TX 78469-9277
6.7 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:
6.7.1 List the City and its officers, officials, employees and elected representatives as
additional insured by endorsement, as respects operations, completed operation and
activities of, or on behalf of, the named insured performed under contract with the City,
with the exception of the workers'compensation policy and professional liability/Errors
& Omissions policy;
6.7.2 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;
6.7.3 Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
6.7.4 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.
6.8 Within five(5)calendar days of a suspension, cancellation or non-renewal of coverage,
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.
6.9 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 remove the exhibit
hereunder, and/or withhold any payment(s) if any, which become due to Consultant
hereunder until Consultant demonstrates compliance with the requirements hereof.
6.10 Nothing herein contained shall be construed as limiting in any way the extent to which
Consultant may be held responsible for payments of damages to persons or property
Contract for Professional Services
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resulting from Consultant's or its subcontractor's performance of the work covered under this
agreement.
6.11 It is agreed that Consultant's insurance shall be deemed primary and non-contributory
with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability
arising out of operations under this agreement.
6.12 It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this agreement.
7. TERMINATION OF CONTRACT
The City may, at any time, with or without cause, terminate this contract upon seven days
written notice to the Consultant at the address of record. In this event, the Consultant will be
compensated for its services on all stages authorized based upon Consultant and City's
estimate of the proportion of the total services actually completed at the time of termination.
8. 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.
9. ASSIGNABILITY
The Consultant 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 Consultant staff. If the Consultant 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 Consultant fee
may be assigned in advance of receipt by the Consultant without written consent of the City.
The City will not pay the fees of expert or technical assistance and consultants unless such
employment, including the rate of compensation, has been approved in writing by the City.
10. 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 Consultant without the express written consent of the Director of
Engineering Services. However, the Consultant 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.
Contract for Professional Services
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11. STANDARD OF CARE
Services provided by Consultant under this Agreement shall be performed with the
professional skill and care ordinarily provided by competent engineers or architects practicing
in the same or similar locality and under the same or similar circumstances and professional
license; and performed as expeditiously as is prudent considering the ordinary professional
skill and care of a competent engineer or architect.
12. DISCLOSURE OF INTEREST
Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete
the Disclosure of Interests form as part of this contract.
13. CERTIFICATE OF INTERESTED PARTIES
Consultant agrees to comply with Texas Government Code section 2252.908 and complete
Form 1295 Certificate of Interested Parties as part of this contract, if required. For more
information, please review the information on the Texas Ethics Commission website at
https://www.ethics.state.tx.us.
14. CONFLICT OF INTEREST
Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file
Form CIQ with the City Secretary's Office, if required. For more information and to determine
if you need to file a Form CIQ, please review the information on the City Secretary's website
at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index.
15. ENTIRE AGREEMENT AND CONTROLLING LAW
This Agreement represents the entire and integrated Agreement between City and Consultant
and supersedes all prior negotiations, representations or agreements, either oral or written.
This Agreement may be amended only by written instrument signed by both the City and
Consultant. This Agreement is governed by the laws of the State of Texas without regard to
its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas.
16. CONFLICT RESOLUTION BETWEEN DOCUMENTS
Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared
Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by
Consultant and included herein, is in conflict with this Agreement, this Agreement shall take
precedence and control to resolve said conflict.
Contract for Professional Services
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CI •F COR a . -ISTI CHUCK A AST'k' • S OCIATES, LLC
Ai ,J• 22 tun.
V.l¢'rie H. Gra V . 9at- Chuck Anastos, A .I.A. Date
Ex-cutive Direc or of Public Works 901 S. Staples
•��� Corpus Christi, TX 78404
(361) 884-4422 Office •
(361) 884-4419 Fax
caaincarch@aol.com
APPROVED AS TO LEGAL FORM
2016.04.22 09:09:02
-05'00'
Legal Department Date
Project No. E15199
Accounting Unit: 5115-40310-191
Account: 530210
Activity: E15199 01 5115 EXP
Account Category: 30210
Fund Name: Facility & Property Management
Contract for Professional Services
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CHUCK 1111HSTOS
ASSOCIATE '< LLC
25 November 2015
Ms Gracie Mesa
Project Manager Capital Projects
City Of Corpus Christi
PO Box 9277
Corpus Christi,TX 78469 9277
Re. Request For Amendment#01 to the AE fee for the City Hal;Central Cashiering Stations Remodel.City of
Corpus Christi Project#E15199
Ms Mesa
This is a Request for Amendment#01 to the Contract AE Fee for the above referenced City Project. The
additional AE fees are required for the following added scope of work
1. Frost Bank First Floor Cashier Station-Renovation of existing single window cashier's station to enable
staff to work efficiently,redesigning workspace millwork for efficient use of new computer system(s).
Deliverables:Electronic set of ANSI C.pdf drawings and specifications for reproduction by Owner.
Basis of Additional Compensation Request(Refer to attached AE Breakdowns):
® Current Fee for Basic Services: Requested Additional Fee for Basic Services:
1. Preliminary Phase $ 2,000.00
2. Design Phase(CD) $ 4.590.00 Add; $ 2,000.00
3. Bid Phase $ 500.00
4 Construction Observe $ 1,000.00
Fee for Additional Services Requested Additional Fee for Additional Services:
ARCHITECTURE 1. Warranty Inspection(s) $ 500.00
INTERIOR DESIGN 2 Prep of Record Drawing $ 500.00
3 Topographic Survey $ 0.00
4. Submission to TDLR $ 1,500.00
5 Public Art Coordination $ 0.00
6. Supplemental Engineering $ 0.00
7. Furniture Design
and Documents $ 0.00
8. Landscape Plan $ 0.00
9. Civil Engineering-platting $ 0.00
'Dotal Requested Increase In AE Fee Add: $ 2,000.0
Total Original Fee with Amendment#01 Add: $ 12,500.00
Thank you for your business,
P o e o x 3 8 8 3 Chuck Anastos Associates,LLC
CORPUS CHRISTI
TEXAS 73483
Sot S STAPLES
CORPUS CHRISTI
TEXAS 73404
TEL 731/884-4427
AE Fee Amendment Request#01
FAX 311/804-4410 City Hall Central Cashiering Stations Remodel,Project#E15199
enastosessocietes corn
AMEND. NO. 1
EXHIBIT "A"
Page 1 of 1
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
NIIMI
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ca =
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a?
COMPLETE PROJECT NAME
Project No. XXXX
Invoice No. 12345
Invoice Date:
Total
Contract Amd No. 1 Amd No. 2 Contract
Amount
Invoiced
Previous
Invoice
Total
Invoice
Percent
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
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