HomeMy WebLinkAboutC2019-052 - 3/1/2019 - NA CITY OF CORPUS CHRISTI
CONTRACT FOR PROFESSIONAL SERVICES
FOR PROJECT: E14055 Mary Rhodes Pipeline Office Building
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) and Chuck Anastos Associates, LLC, a Texas
corporation, 453 Everhart Road, Corpus Christi, Nueces County, Texas 78411,
(Consultant), hereby agree as follows:
TABLE OF CONTENTS
ARTICLE NO. TITLE PAGE
ARTICLE I SCOPE OF SERVICES 2
ARTICLE II QUALITY CONTROL 3
ARTICLE III COMPENSATION 3
ARTICLE IV TIME AND PERIOD OF SERVICE 5
ARTICLE V OPINIONS OF COST 5
ARTICLE VI INSURANCE REQUIREMENTS 6
ARTICLE VII INDEMNIFICATION 6
ARTICLE VIII TERMINATION OF AGREEMENT 6
ARTICLE IX RIGHT OF REVIEW AND AUDIT 7
ARTICLE X OWNER REMEDIES 8
ARTICLE XI CONSULTANT REMEDIES 9
ARTICLE XII CLAIMS AND DISPUTE RESOLUTION 9
ARTICLE XIII MISCELLANEOUS PROVISIONS 10
EXHIBITS
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SCANNED
ARTICLE I —SCOPE OF SERVICES
1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be
incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall
include all associated services required for Consultant to provide such Services, pursuant to this
Agreement, and any and all Services that would normally be required by law or common due
diligence in accordance with the standard of care defined in Article XIII of this Agreement. The
approved Scope of Services defines the services to be performed by Consultant under this
Agreement.
1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the
contract. At review milestones, the Consultant and City will review the progress of the plans to
ensure that City Codes and Standards are followed unless specifically and explicitly excluded from
doing so in the approved Scope of Services attached as Exhibit A. A request made by either party
to deviate from City standards after the contract is executed must be in writing.
1.3 Consultant shall provide labor, equipment and transportation necessary to complete all
services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons
retained by Consultant to perform work pursuant to this Agreement shall be employees or
subconsultants of Consultant. Upon request, Consultant must provide City with a list of all
subconsultants that includes the services performed by subconsultant and the%of work performed
by subconsultant(in dollars). Changes in Consultant's proposed team as specified in the SOQ or
Scope of Services must be agreed to by the City in writing.
1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until
they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the
Project changes,either Consultant or City may request a review of the changes with an appropriate
adjustment in compensation.
1.5 Consultant will provide monthly status updates (project progress or delays) in the format
requested by the City with each monthly invoice.
1.6 For design services, Consultant agrees to render the professional services necessary for the
advancement of the Project through Final Completion of the Construction Contract. Consultant
acknowledges and accepts its responsibilities, as defined and described in City's General
Conditions for Construction Contracts, oxoerpt attached Exhibit_D
1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General
Conditions and will consult and advise the City on matters related to the Consultant's Scope
of Services during the performance of the Consultant's services.
1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents
and to analyze bids and evaluate the documents submitted by bidders.
1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the
prospective contractors, subcontractors and suppliers.
1.7 For projects that require subsurface utility investigation:
1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60%submittal a
signed and sealed report identifying all utilities within the project area at the Quality Level
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specified in Exhibits A and A 1. It is assumed that all utilities will be identified using Quality
Level A exploratory excavation unless stated otherwise.
1.7.2 Utilities that should be identified include but are not limited to utilities owned by the
City, local franchises, electric companies, communication companies, private pipeline
companies and 3rd party owners/operators.
1.8 For project with potential utility conflicts:
1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential
utility conflicts.
1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to
the City.
1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved
project schedule and budget as defined in Exhibit A, including completing the work in phases
defined therein.
ARTICLE II —QUALITY CONTROL
2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews
(QCP Review). The City reserves the right to retain a separate consultant to perform additional
QCP services for the City.
2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure
deliverables satisfy applicable industry quality standards and meet the requirements of the Project
scope. Based on the findings of the QCP Review,the Consultant must reconcile the Project Scope
and the Opinion of Probable Cost(OPC), as needed.
2.3 Final construction documents that do not meet City standards in effect at the time of the
execution of this Agreement may be rejected. If final construction documents are found not to be
in compliance with this Agreement, Consultant will not be compensated for having to resubmit
documents.
ARTICLE III —COMPENSATION
3.1 The Compensation for all services(Basic and Additional)included in this Agreement and in
the Scope of Services for this Agreement shall not exceed $49,000.00.
3.2 The Consultant's fee will be on a lump sum or time and materials(T&M)basis as detailed in
Exhibit A and will be full and total compensation for all services and for all expenses incurred in
performing these services. -- •-- - • - - -- -•• - - - --•-- - - ' • •-• -•- . City and
Consultant agree that the Rate Schedule is considered confidential information that may be
excluded from public disclosure under Texas Government Code Chapter 552 as determined by the
Texas Attorney General.
3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved
project schedule and budget as defined in Exhibit A, including completing the work in phases
defined therein.
3.4 The Director of Engineering Services may request the Consultant to undertake additional
services or tasks provided that no increase in fee is required. Services or tasks requiring an
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increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract.
Consultant shall notify the City within three (3) days of notice if tasks requested requires an
additional fee.
3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in
Exhibit B. Each invoice will include the Consultant's estimate of the proportion of the contracted
services completed at the time of billing. For work performed on a T&M Basis, the invoice shall
include documentation that shows who worked on the Project, the number of hours that each
individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses
associated with the work. City will make prompt monthly payments in response to Consultant's
monthly invoices.
3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate
Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at
applicable staff rates.
3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City
no later than the time of payment. Consultant further certifies that, upon submittal of a Payment
Request, all services for which Payment Requests have been previously issued and payments
received from City shall, to the best of Consultant's knowledge, information and belief, be free and
clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or
entities making a claim by reason of having provided labor or services relating to this Agreement.
CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS,CLAIMS,
SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY,THROUGH
OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT.
3.8 The final payment due hereunder shall not be paid until all reports, data and documents
have been submitted, received,accepted and approved by City. Final billing shall indicate"Final Bill
— no additional compensation is due to Consultant."
3.9 City may withhold compensation to such extent as may be necessary, in City's opinion, to
protect City from damage or loss for which Consultant is responsible, because of:
3.9.1 delays in the performance of Consultant's work;
3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor,
materials or equipment;
3.9.3 damage to City; or
3.9.4 persistent failure by Consultant to carry out the performance of its services in
accordance with this Agreement.
3.10 When the above reasons for withholding are removed or remedied by Consultant,
compensation of the amount withheld shall be made within 30 days. City shall not be deemed in
default by reason of withholding compensation as provided under this Agreement.
3.11 In the event of any dispute(s) between the Parties regarding the amount properly
compensable for any phase or as final compensation or regarding any amount that may be withheld
by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms
of this Agreement and follow the procedures provided herein for the resolution of such dispute. In
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the event Consultant does not initiate and follow the claims procedures as required by the terms of
this Agreement, any such claim shall be waived.
3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those
previously made in writing and identified by Consultant as unsettled at the time of final Payment
Request.
3.13 All funding obligations of the City under this Agreement are subject to the appropriation of
funds in its annual budget.The City may direct the Consultant to suspend work pending receipt and
appropriation of funds. The right to suspend work under this provision does not relieve the City of its
obligation to make payments in accordance with section 3.5 above for services provided up to the
date of suspension.
ARTICLE IV—TIME AND PERIOD OF SERVICE
4.1 This Agreement shall be effective upon the signature of the City Manager or designee
(Effective Date).
4.3 The Consultant agrees to begin work on those authorized 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.
4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its
obligations under this Agreement in a prompt and continuous manner so as to not delay the Work
for the Project, in accordance with the schedules approved by City. The Consultant and City are
aware that many factors may affect the Consultant's ability to complete the services to be provided
under this agreement. The Consultant must notify the City within ten business days of becoming
aware of a factor that may affect the Consultant's ability to complete the services hereunder.
4.5 City shall perform its obligations of review and approval in a prompt and continuous manner
so as to not delay the project.
4.6 This Agreement shall remain in force for a period which may reasonably be required for
completion of the Project, including any extra work and any required extensions thereto, unless
terminated as provided for in this Agreement. For construction design services, "completion of the
Project" refers to acceptance by the City of the construction phase of the Project, i.e., Final
Completion.
ARTICLE V—OPINIONS OF COST
5.1 The Opinion of Probable Cost(OPC) is computed by the Consultant and includes the total
cost for construction of the Project.
5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the
responsibility of the City.
5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or
equipment, or over the contractor's methods of determining prices, or over competitive bidding or
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market conditions, Consultant's opinions of probable Project Cost or Construction Cost provided
herein are to be made on the basis of Consultant's experience and qualifications and represent
Consultant's best judgment as a design professional familiar with the construction industry, but
Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary
from the OPC prepared by Consultant.
ARTICLE VI — INSURANCE REQUIREMENTS
6.1 Consultant must not commence work under this Agreement until all insurance required 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 Insurance Requirements are shown in EXHIBIT C.
ARTICLE VII — INDEMNIFICATION
Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its
officials, officers, agents, employees, 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.
ARTICLE VIII —TERMINATION OF AGREEMENT
8.1 By Consultant:
8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for
the convenience of the City by issuing a written and signed Notice of Suspension. The
Consultant may terminate this Agreement for convenience in the event such suspension
extends for a period beyond 120 calendar days by delivering a Notice of Termination to the
City.
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8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement.
8.2 By City:
8.2.1 The City may terminate this agreement for convenience upon seven days written
notice to the Consultant at the address of record.
8.2.2 The City may terminate this agreement for cause upon ten days written notice to the
Consultant. If Consultant begins, within three days of receipt of such notice, to correct its
failure and proceeds to diligently cure such failure within the ten days,the agreement will not
terminate. If the Consultant again fails to perform under this agreement, the City may
terminate the agreement for cause upon seven days written notice to the Consultant with no
additional cure period. If the City terminates for cause, the City may reject any and all
proposals submitted by Consultant for up to two years.
8.3 Termination Procedure
8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination,
unless the notice otherwise directs, or Consultant takes action to cure a failure to perform
under the cure period,Consultant shall immediately begin the phase-out and discontinuance
of all services in connection with the performance of this Agreement. Within 30 calendar
days after receipt of the Notice of Termination, unless Consultant has successfully cured a
failure to perform, Consultant shall submit a statement showing in detail the services
performed under this Agreement prior to the effective date of termination. City retains the
option to grant an extension to the time period for submittal of such statement.
8.3.2 Consultant shall submit all completed and/or partially completed work under this
Agreement, including but not limited to specifications, designs, plans and exhibits.
8.3.3 Upon receipt of documents described in the Termination Procedure and absent any
reason why City may be compelled to withhold fees, Consultant will be compensated for its
services based upon a Time&Materials calculation or Consultant and City's estimate of the
proportion of the total services actually completed at the time of termination. There will be
no compensation for anticipated profits on services not completed.
8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the
expenditure of public funds. The failure of Consultant to comply with the submittal of the
statement and documents,as required above,shall constitute a waiver by Consultant of any
and all rights or claims to payment for services performed under this Agreement.
ARTICLE IX— RIGHT OF REVIEW AND AUDIT
9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's
election, all of Consultant's records relating to the performance of the Work under this Agreement,
during the term of this Agreement and retention period herein. The audit,examination or inspection
may be performed by a City designee, which may include its internal auditors, or an outside
representative engaged by City. Consultant agrees to retain its records for a minimum of four(4)
years following termination of the Agreement, unless there is an ongoing dispute under this
Agreement, then such retention period shall extend until final resolution of the dispute.
9.2 Consultant's records include any and all information, materials and data of every kind and
character generated as a result of and relevant to the Work under this Agreement (Consultant's
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Records). Examples include billings, books, general ledger, cost ledgers, invoices, production
sheets,documents,correspondence, meeting notes,subscriptions,agreements, purchase orders,
leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts,
vouchers, memoranda, time sheets, payroll records, policies, procedures, and any and all other
agreements, sources of information and matters that may, in City's and Consultant's reasonable
judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or
covered by any Agreement Documents.
9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records
only during Consultant's regular business hours. Consultant agrees to allow City's designee access
to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed
necessary by City or its designee(s),to perform such audit, inspection or examination. Consultant
also agrees to provide adequate and appropriate work space necessary to City or its designees to
conduct such audits, inspections or examinations.
9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract.
ARTICLE X—OWNER REMEDIES
10.1 The City and Consultant agree that in the event the City suffers actual damages, the City
may elect to pursue its actual damages and any other remedy allowed by law. This includes but is
not limited to:
10.1.1 Failure of the Consultant to make adequate progress and endanger timely and
successful completion of the Project, which includes failure of subconsultants to meet
contractual obligations;
10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State
and/or federal governments, such that subsequent compliance costs exceed expenditures
that would have been involved had services been properly executed by the Consultant.
10.1.3 Losses are incurred because of errors and/or omissions in the design, working
drawings, specifications or other documents prepared by the Consultant to the extent that
the financial losses are greater than the City would have originally paid had there not been
errors and/or omissions in the documents.
10.2 When the City incurs non-value added work costs for change orders due to design errors
and/or omissions, the City will send the Consultant a letter that includes:
(1) Summary of facts with supporting documentation;
(2) Instructions for Consultant to revise design documents, if appropriate, at
Consultant's expense;
(3) Calculation of non-value added work costs incurred by the City; and
(4) Deadline for Consultant's response.
10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the
Consultant's sole cost if, in the City's judgment,the Consultant generates excessive addenda,either
in terms of the nature of the revision or the actual number of changes due to the Consultant's errors
or omissions.
10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III.
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ARTICLE XI —CONSULTANT REMEDIES
11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of
God, national emergency,acts of the public enemy,governmental restrictions,laws or regulations or
any other causes beyond Consultant's and City's reasonable control, an extension of the Project
schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and
exclusive remedy. The revised schedule should be approved in writing with a documented reason
for granting the extension.
11.2 The City agrees that the Consultant is not responsible for damages arising from any cause
beyond Consultant's reasonable control.
11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a
Claim as provided in this Agreement.
ARTICLE XII —CLAIMS AND DISPUTE RESOLUTION
12.1 Filing of Claims
12.1.1 Claims arising from the circumstances identified in this Agreement or other
occurrences or events, shall be made by Written Notice delivered by the party making the
Claim to the other party within twenty-one (21) calendar days after the start of the
occurrence or event giving rise to the Claim and stating the general nature of the Claim.
12.1.2 Every Claim of Consultant,whether for additional compensation, additional time or
other relief, shall be signed and sworn to by a person authorized to bind the Consultant by
his/her signature, verifying the truth and accuracy of the Claim.
12.1.3 The responsibility to substantiate a claim rests with the party making the Claim.
12.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation,
City will meet to discuss the request,after which an offer of settlement or a notification of no
settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal
presented, Consultant will have thirty (30) calendar days in which to (i) submit additional
supporting data requested by the City, (ii)modify the initial request for remedy or(iii)request
Mediation.
12.1.5 Pending final resolution of a claim,except as otherwise agreed in writing,Consultant
shall proceed diligently with performance of the Agreement,and City shall continue to make
payments in accordance with this Agreement.
12.2 Mediation
12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as
compromise and settlement negotiations for purposes of applicable rules of evidence.
12.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any
dispute arising out of or related to this Agreement through discussions directly between
those senior management representatives within their respective organizations who have
overall managerial responsibility for similar projects. This step shall be a condition
precedent to the use of mediation. If the parties'senior management representatives cannot
resolve the dispute within thirty(30) calendar days after a Party delivers a written notice of
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such dispute, then the Parties shall proceed with the mediation process contained herein.
12.2.3.1 In the event that City or Consultant shall contend that the other has
committed a material breach of this Agreement, the Party alleging such
breach shall, as a condition precedent to filing any lawsuit, request
mediation of the dispute.
12.2.3.2 Request for mediation shall be in writing, and shall request that the
mediation commence no less than thirty (30) or more than ninety (90)
calendar days following the date of the request,except upon agreement of
both parties.
12.2.3.3 In the event City and Consultant are unable to agree to a date for the
mediation or to the identity of the mediator or mediators within thirty (30)
calendar days of the request for mediation,all conditions precedent in this
Article shall be deemed to have occurred.
12.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be
Nueces County, Texas. Any agreement reached in mediation shall be
enforceable as a settlement agreement in any court having jurisdiction
thereof. No provision of this Agreement shall waive any immunity or
defense. No provision of this Agreement is a consent to suit.
12.3 In calculating the amount of any Claim or any measure of damages for breach of contract,
the following standards shall apply both to claims by Consultant and to claims by City:
12.3.1 In no event shall either Party be liable,whether in contract or tort or otherwise,to the
other Party for loss of profits, delay damages or for any special incidental or consequential
loss or damage of any nature arising at any time or from any cause whatsoever;
12.3.2 Damages are limited to extra costs specifically shown to have been directly caused
by a proven wrong for which the other Party is claimed to be responsible.
12.4 In case of litigation between the parties,Consultant and City agree that neither party shall be
responsible for payment of attorney's fees pursuant to any law or other provision for payment of
attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result
from any dispute between the parties to this Agreement.
12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE
CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH
IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND
UNAMBIGUOUSLY WAIVED BY STATE LAW.
ARTICLE XIII —MISCELLANEOUS PROVISIONS
13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties
under this Agreement contract to any other person and/or party without the prior written consent of
the other party, except for routine duties delegated to personnel of the Consultant staff. This
includes subcontracts entered into for services under this Agreement. If the Consultant is a
partnership or joint venture, then in the event of the termination of the partnership or joint venture,
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.
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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.
13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own
any and all information in whatsoever form and character produced and/or maintained in
accordance with, pursuant to or as a result of this Agreement, including contract documents(plans
and specifications), drawings and submittal data. Consultant may make a copy for its files. Any
reuse by the City, without specific written verification or adaptation by Consultant, shall be a City's
sole risk and without liability or legal exposure to Consultant. The City agrees that any modification
of the plans will be evidenced on the plans and be signed and sealed by a licensed professional
prior to re-use of modified plans.
13.3 Standard of Care. Services provided by Consultant under this Agreement shall be
performed with the professional skill and care ordinarily provided by competent licensed
professionals practicing 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.
13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure,
registration and/or certification(s)at meetings of any official nature concerning the Project,including
scope meetings, review meetings, pre-bid meetings and preconstruction meetings.
13.5 Independent Contractor. The relationship between the City and Consultant under this
Agreement shall be that of independent contractor. City may explain to Consultant the City's goals
and objectives in regard to the services to be performed by Consultant, but the City shall not direct
Consultant on how or in what manner these goals and objectives are to be met.
13.6 Entire Agreement. 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.
13.7 No Third-Party Beneficiaries. Nothing in this Agreement can be construed to create rights in
any entity other than the City and Consultant. Neither the City nor Consultant intends to create third
party beneficiaries by entering into this Agreement.
13.10 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local
Government Code, to complete and file Form CIQ with the City Secretary's Office. 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/govern ment/city-secretary/conflict-
disclosure/index.
13.11 Boycott Israel. As required by Chapter 2270, Government Code, Consultant hereby
verifies that it does not boycott Israel and will not boycott Israel through the term of this
Agreement. For purposes of this verification, "boycott Israel" means refusing to deal with,
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terminating business activities with, or otherwise taking any action that is intended to penalize,
inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or
entity doing business in Israel or in an Israeli-controlled territory, but does not include an
action made for ordinary business purposes.
13.12 Controlling Law. 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. Cases must be filed and tried in Nueces County and cannot be removed from Nueces
County.
13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this
Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect,
impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined
in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or
unenforceable, and the invalidity or unenforceability of any Article, sentence,clause or parts of this
Agreement, in any one or more instance. shall not affect or prejudice in any way the validity of this
Agreement in any other instance.
13.14 Conflict Resolution Between Documents. Consultant hereby a•rees and acknowledges if
anything contained in the Consultant-prepared Exhibit A, Consu .n i s Scope of Services, or
contained in any other document prepared by Consultant and in de. ierein, is in conflict with
Articles l-XIII of this Agreement(Articles), the Articles shall take pr-cedl e and control to resolve
said conflict. ,
r.
CITY OF • • •US C •ISTI CONSULT l 'MPANY NAME
�.,71,J//j , — , / t I i 22 February 2019
Keith Selman •ate Chuck Anastos, AIA Date
Interim City Manager 453 Everhart Road
Corpus Christi, TX 78411
RECOMMENDED, (361) 884-4422 Office
✓ 1 e /f� ft,/- 1 `, CAAincArch@aol.com
Mark Van Vleck . ate
Assi ant'Ci , ? a!er
' I'IAA 'qZ.ED tC)
Val:rie H. G =y, P - Date
E` _ - - e�Dir2�-.• • 'ublic or.s
/// iiv. z . 227 /9
Jeff '. Edmond , P. E. 11:te
Director of Engineering Services
APPROVED AS TO LEGAL FORM
�x 7 2019.02.25 11:25:12
ti;C� -06'00'
Assistant City Attorney Date
Contract for Professional Services
Page 12 of 13
K:IEngineering Projects Data Management\E14055 Mary Rhodes Pipeline Office Building\3.AE Agreement,Contracts
&FMAC Task Orders\AE Agreement
•
Project Number: E14055
Accounting Unit: 4095-061
Account: 550950
Activity: El 4055-01-4095-EXP
Account Category: 50950
Fund Name: Water 2015 MRP2
Amount: $49,000.00
Contract for Professional Services
Page 13 of 13
K:1Engineering Projects Data Management1E14055 Mary Rhodes Pipeline Office Building13.AE Agreement,Contracts&
FMAC Task Orders1AE Agreement
CflUCIS flnflSTOS
ASSOCIAT E S, LLC
12 February 2019
Mr. J. H. Edmonds, PE
Director of Engineering Services
City of Corpus Christi
1201 Leopard Street
3f0 Floor City Hall
Corpus Christi, TX 78401
Re:FMAC Proposal for AE services, E14055 Mary Rhodes Pipeline Office Project,Woodsboro,Texas
Chuck Anastos Associates, LLC is pleased to submit this Proposal for the AE services for the above
referenced City of Corpus Christi project. This Proposal contains the architectural, civil, structural,
electrical and plumbing engineering as required for windstorm review / inspections and construction
for the following scope of work
1. Design for the fabrication and installation of a freestanding double wide modular structure
(approximately 1,200 SF) with windstorm rated windows and "must have" spaces for the
following:
. 11
A. Office space- Single enclosed office;
B. Office space- Open space for two (2) cubicles with space for IT / Data monitoring
equipment;
ARCHITECTURE C. Restroom- Single unisex with space for lockers;
INTERIOR DESIGN D. Conference room/break room combination with ample space for maps& OM storage;
E. Water well with water treatment equipment and septic tank;and
F. Emergency generator/transfer switch with diesel tank.
We propose to provide the following AE services for each Phase of this Project:
1. Design Services (Refer to Exhibit A-1 FMAC Task List):
A The development of the architectural and required engineering drawings and other
required documents for the bidding / construction meeting current building code and
Texas Windstorm requirements for the following scope of work:
• Survey existing site conditions in the location of the project scope, including
verifying dimensions and existing conditions to produce CAD drawings;
• Determine approximate locations for water well and septic tank field (both to be
designed by State licensed consultant)and locate on site plan with dimensions;
• Analyze 2015 International Building Code and International Energy Code, Texas
Windstorm(Inland I, 120 MPH)and TAS (accessibility) requirements;
• Produce architectural drawings, review structural foundation / MEP documents and
meet with City staff at 60%and 90%design review and approval;
• Complete and submit 100%final Design Plans to City staff for final review;and
Mary Rhodes Pipeline Office Project
Page 1 -3
Exhibit A
Mailing-PO Box 3883,Corpus Christi,TX 78463-3883 Physical-453 Everhart Road,Corpus Christi,TX 78411
Phone-(361)884-4422 Website-anastosassociates.corn
•
• Finalize architectural drawings (Construction Documents); review manufacturer
provided COMcheck; review with RAS/obtain an EAB number, and submit to City
staff for distribution to General Contractor(s)for bidding and construction.
2. Construction Services(Refer to Exhibit A-1 FMAC Task List):
• Make two(2)-site visits per month during construction to observe the work and provide a
construction status report;
• Make two (2)- site visits per month during construction to observe the quantity of work,
and review the Contractor's Applications for Payment;
• Attend two(2)-monthly project meetings during construction;
• Conduct One(1)-Substantial Completion Inspection walkthrough review and punch list;
• Conduct one(1)-Final Inspection walkthrough review and punch list;and
• Conduct a Warranty Inspection walkthrough review and punch list, if required.
Clients'Responsibilities:
It is hereby agreed that the Client shall be responsible for the following:
1. The Client shall provide full information regarding the requirements for the Project including a
program setting forth in detail the Client's objectives, space requirements, special equipment
and systems,constraints and other criteria;
2. The Client shall render decisions in a timely manner pertaining to documents to avoid
unreasonable delay in the orderly and sequential progress of the Architect's Services;and
3. The Client shall provide a hazardous materials survey as required by the City of Corpus
Christi, if applicable.
Estimated Construction Costs:
The estimated total construction cost for the above described Scope of Work =$ 405,000.00
(including water well, septic tank/field and emergency generator)
Compensation to the Architect:
Compensation to the Architect for the above described services shall be a flat fee of Forty-Nine
Thousand Dollars($49,000.00).
Fee for Basic Services(refer to attached Fee Breakdown):
1. Preliminary Phase(60%) _$ 11,850.00
2. Design(Construction Documents)Phase(90%, 100%and final submission) _$ 24,150.00
3. Bid Phase =$ 500.00
4. Construction Phase =$ 2.500,00
• Total Basic Services =$ 39,000.00
Mary Rhodes Pipeline Office Project
Page 2-3
Exhibit A
Fee for Additional Services
1. Warranty Inspection(s) 4 1,500.00
2. Preparation of Record Drawing Set(not required) _$ 1,000.00
3. Roof Consultant(not required) _$ 0.00
4. Topographic Survey 4 5,000.00
5. Submission to TDLR =$ 2,500.00
6. Texas Windstorm Certification Construction Observation(by GC) 4 0.00
7. Furniture Design and Documents(not required) 4 0.00
8. Landscape/Irrigation Repair Plans(not required) _$ 0.00
Fee for Additional Services =$ 10,000.00
Total AE Fee 4 49,000.00
Distribution of Fees
1. Completion of 60%Design Drawings 4 11,850.00
2. Completion of 90%Construction Documents 4 14,200.00
3. Completion of 100%sealed Construction Documents =$ 19,950.00
4. Completion of Bidding Phase =$ 500.00
5. Completion of 50%Construction Observation Phase 4 1,250.00
6. Completion of Construction Observation Phase =$ 1.250.00
Notal Distributed AE Fee 4 49x000.001
Attached is Exhibit A-1 FMAC Task List for detailed explanation of deliverables. We are prepared to
commence this • oject immediately upon receipt of authorization to proceed. We will complete the
required AE • --ig services in approximately 90 days.
Respe«. Ily,
Chuck as 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.
Mary Rhodes Pipeline Office Project
Page 3-3
Exhibit A
Sample form for:
Payment Request
Company Name COMPLETE PROJECT NAME AE Contract
Billing Contact Info City Project No.XXXX Revised 11/30/18
Invoice No.12345
Invoice Date:MMIDD/YYYY
Billing Period:From XXXXX to YYYYY
Original Amend Amend Total Current Previous Total Remaining Percent
Basic Services: Contract No.1 No.2 Contract Invoice Invoice Invoiced Balance Complete
Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0%
Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0%
Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0%
Construction Admin Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0%
Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3%
Additional Services:
Permit Prepartion $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0%
Topographic Survey $5,000.00 $0.00 $0.00 $5,000.00 $0.00 $0.00 $0.00 $5,000.00 0.0%
ROW Acquisition Survey $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $0.00 $0.00 $1,000.00 0.0%
Environmental Issues $500.00 $0.00 $0.00 $500.00 $0.00 $0.00 $0.00 $500.00 0.0%
Public Meetings $1,200.00 $0.00 $0.00 $1,200.00 $0.00 $0.00 $0.00 $1,200.00 0.0%
Construction Observation $10,000.00 $0.00 $0.00 $10,000.00 $0.00 $0.00 $0.00 $10,000.00 0.0%
Traffic Control $0.00 $5,000.00 $0.00 $5,000.00 $0.00 $0.00 $0.00 $5,000.00 0.0%
Signalization Improvements $0.00 $0.00 $1,000.00 $1,000.00 $0.00 $0.00 $0.00 $1,000.00 0.0%
Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0%
Construction Inspection(T&M) $0.00 $0.00 $5,000.00 $5,000.00 $0.00 $0.00 $0.00 $5,000.00 0.0%
Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD
0&M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD
SCADA TBD TBD TBD TBD TBD TBD TBD TBD TBD
Subtotal Additional Services $19,700.00 $6,120.00 $6,000.00 $31,820.00 $500.00 $0.00 $500.00 $31,320.00 1.6%
Summary of Fees:
Basic Services Fees $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3%
Additional Services Fees $19,700.00 $6,120.00 $6,000.00 $31,820.00 $500.00 $0.00 $500.00 $31,320.00 1.6%
Total of Fees $25,700.00 $7,120.00 $7,250.00 $40,070.00 $1,500.00 $1,500.00 $3,000.00 $37,070.00 7.5%
Notes:
If needed, update this sample form based on the contract requirements. EXHIBIT"B"
If applicable,refer to the contract for information on what to include with time and materials(T&M). Page 1 of 1
EXHIBIT C
Insurance Requirements
Pre-Design, Design and General Consulting Contracts
1.1 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.
1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy
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.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.
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
PROFESSIONAL LIABILITY $1,000,000 Per Claim
(Errors and Omissions)
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.
1.3 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.
1.4 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. Consultant is required to provide City with renewal Certificates.
1.5 In the event of a change in insurance coverage, Consultant shall be required to submit a copy of
the replacement certificate of insurance to City at the address provided below within 10 business days
of said change. Consultant shall pay any costs resulting from said changes.
Exhibit C
Page 1 of 2
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
1.6 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:
1.6.1 If the policy is cancelled, other than for nonpayment of premium, notice of such
cancellation will be provided at least 30 days in advance of the cancellation effective date
to the certificate holder.
1.6.2 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be
provided within 10 days of the cancellation effective date to the certificate holder.
1.7 Within five (5)calendar days of a suspension, cancellation or non-renewal of coverage, Consultant
shall notify City of such lapse in coverage and 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.
1.8 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 withhold any payment(s) if any, which become due to Consultant hereunder until
Consultant demonstrates compliance with the requirements hereof.
1.9 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 resulting from Consultant's or
its subcontractor's performance of the work covered under this agreement.
1.10 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.
1.11 It is understood and agreed that the insurance required is in addition to and separate from any
other obligation contained in this agreement.
Exhibit C
Page 2 of 2