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HomeMy WebLinkAboutC2024-079 - 3/19/2024 - Approved Service Agreement No. 730 CITY OF CORPUS CHRISTI AMENDMENT NO. 3to the CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas, hereinafter called “CITY,” and ARDURRA GROUP hereinafter called “CONSULTANT,” agree to the following amendmentto the Contract for ProfessionalServices, ONSWTP Plant Facilities Feed Optimization Improvements(Project E12211), asauthorized and amended by: Original ContractApril 19, 2016Motion 2016-040$1,091,812.00 Amendment No. 1December 21, 2017Administrative Approval$48,900.00 Amendment No. 2November 29, 2018Administrative Approval$49,200.00 IN THE ORIGINAL CONTRACT, EXHIBIT A, SCOPE OF SERVICES, shall be modified as shown in the attached Exhibit A. IN THE ORIGINAL CONTRACT, COMPENSATION shall be modified as shown in the attached Exhibit A for an additional fee not to exceed $734,472.00 for a total revisedfee not to exceed $1,924,384.00. All other terms and conditions of the April 19, 2016,contract between the “CITY”and “CONSULTANT” and of any amendments to that contract which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTIARDURRA GROUP DBA LNV ____________________________________________________________________ Jeff H. Edmonds, P.E.Date Dan Leyendecker, PEDate Director of Engineering ServicesManaging Principal & Regional Client Manager 801 Navigation Blvd., Suite 300 Corpus Christi, Texas 78408 dleyendecker@ardurra.com APPROVED AS TO FORM __________________________________ Legal Department Date ______________________AUTHORIZED BY COUNCIL______________________ ATTEST __________________________________ City SecretaryDate EXHIBIT A Page 1 of 8 EXHIBIT A Page 2 of 8 EXHIBIT A Page 3 of 8 EXHIBIT A Page 4 of 8 EXHIBIT A Page 5 of 8 EXHIBIT A Page 6 of 8 EXHIBIT A Page 7 of 8 Fees for Basic Services:The services for the Construction Administration Phase will be provided on a Time and Material (T&M) basis as the project moves towards completion. Fees for Authorized Additional Services.The City will pay the Engineerfor additional services specified in this amendment on a T&Mbasis except for windstorm certification (Additional Service No. 9).The services under Additional Service No.9will be provided on a Lump Sumbasis as the project moves towards completion. The fee will be full and total compensation for services and for all expenses incurred in performing these services. Summary ofpreviously authorizedoriginal contract and amendment fees.The original contract and previous amendments had some fee authorized and remaining which will also be utilized for construction.Refer to ATTACHMENT 1for details. Amd. #3 Fee Description (Overall Estimated Fee -(Fee available from Original Contract, Amd.1 and Amd.2)) Basic Services Fees 4. Construction Phase (T&M) $619,959 Subtotal Basic Services $619,959 Additional Services Fees 3. Start-up Services (T&M) $75,838 4. Warranty Phase (T&M) $5,475 9. Windstorm $14,060 12. TCEQ Addenda Package ((T&M)) $19,140 Subtotal Additional Services $114,513 Total Amd. 3 Fee$734,472 EXHIBIT A Page 8 of 8 SUPPLIER NUMBER __________ TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI 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: P. O. BOX: STREET ADDRESS:CITY:ZIP: FIRM IS:1.Corporation2.Partnership3.Sole Owner 4.Association5.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) 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 3.State the names of each “board member” of the City of Corpus Christihaving an “ownership interest” constituting 3% or more of the ownership in the above named “firm.” Name Board, Commission orCommittee 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 the above named “firm.” Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any Cityofficial or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. \[Ethics Ordinance Section 2-349 (d)\] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person:Title: (Type or Print) Signature of Certifying Date: Person: DEFINITIONS a.“Board member.” A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b.“Economic benefit”. An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c.“Employee.” Any person employed by theCity 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, Department 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.” Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. ARDURRA-01EMORRIS DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 4/25/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: PHONEFAX Ames & Gough (703) 827-2277(703) 827-2279 (A/C, No, Ext):(A/C, No): 8300 Greensboro Drive E-MAIL admin@amesgough.com Suite 980 ADDRESS: McLean, VA 22102 INSURER(S) AFFORDING COVERAGENAIC # Charter Oak Fire Insurance Company A++ (XV) 25615 INSURER A : INSURED Phoenix Insurance Company A++, XV25623 INSURER B : Ardurra Group, Inc. Travelers Property Casualty Company of America 25674 INSURER C : 4921 Memorial Highway National Fire & Marine Insurance Company20079 INSURER D : Suite 300 Tampa, FL 33634 INSURER E : INSURER F : COVERAGESCERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRADDLSUBRPOLICY EFFPOLICY EXP TYPE OF INSURANCEPOLICY NUMBERLIMITS LTRINSDWVD(MM/DD/YYYY)(MM/DD/YYYY) 1,000,000 A COMMERCIAL GENERAL LIABILITY X EACH OCCURRENCE$ DAMAGE TO RENTED 1,000,000 CLAIMS-MADEOCCUR X 630-5X4874351/1/20241/1/2025 $ PREMISES (Ea occurrence) Contractual Liab.15,000 X MED EXP (Any one person)$ 1,000,000 PERSONAL & ADV INJURY$ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ PRO- 2,000,000 XX POLICYLOC PRODUCTS - COMP/OP AGG$ JECT OTHER:$ COMBINED SINGLE LIMIT 1,000,000 B AUTOMOBILE LIABILITY $ (Ea accident) X ANY AUTO 810-5X5583091/1/20241/1/2025 BODILY INJURY (Per person)$ OWNEDSCHEDULED AUTOS ONLYAUTOSBODILY INJURY (Per accident)$ PROPERTY DAMAGE HIREDNON-OWNED (Per accident)$ AUTOS ONLYAUTOS ONLY $ 15,000,000 C XX UMBRELLA LIAB OCCUR EACH OCCURRENCE$ CUP-5X6421141/1/20241/1/2025 15,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE$ 10,000 X DEDRETENTION$ $ PEROTH- WORKERS COMPENSATION C X STATUTEER AND EMPLOYERS' LIABILITY Y / N UB-5X4895571/1/20241/1/2025 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N / A N OFFICER/MEMBER EXCLUDED? 1,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT$ Professional Liab.42-EPP-306878-061/1/20241/1/2025 Per Claim/Aggregate2,000,000 D DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) E12211 O.N. Stevens Facilities Feed Optimization Improvements - Amendment 3 - Construction Phase Services for RWI & CFI Project The City of Corpus Christi, TX is included as additional insured with respect to General Liability, Automobile Liability, and Umbrella Liability when required by written contract. General Liability includes Additional Insured coverage for Completed Operations as required by written contract. General Liability, Automobile Liability, and Umbrella Liability are primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and when required by written contract. General Liability, Automobile Liability, Workers Compensation, and Umbrella Liability policies include a waiver of subrogation in favor of the additional insureds where permissible by state law and when required by written contract. Umbrella Liability SEE ATTACHED ACORD 101 CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Corpus Christi, TX ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Engineering Services PO Box 9277 AUTHORIZED REPRESENTATIVE Corpus Christi, TX 78469 ACORD 25 (2016/03)© 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ARDURRA-01EMORRIS AGENCY CUSTOMER ID: 2 LOC #: Page of 11 ADDITIONAL REMARKS SCHEDULE AGENCYNAMED INSURED Ardurra Group, Inc. Ames & Gough 4921 Memorial Highway Suite 300 POLICY NUMBER Tampa, FL 33634 SEE PAGE 1 CARRIERNAIC CODE SEE PAGE 1SEE P 1 EFFECTIVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 25Certificate of Liability Insurance FORM NUMBER:FORM TITLE: Description of Operations/Locations/Vehicles: coverage sits excess over General Liability, Automobile Liability and Employers’ Liability coverage. 30-day Notice of Cancellation will be issued for the General Liability, Automobile Liability, Umbrella Liability, Workers Compensation and Professional Liability policies in accordance with policy terms and conditions. ACORD 101 (2008/01)© 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy # P-630-5X487435 Policy # P-630-5X487435 Policy # P-630-5X487435 Policy # P-630-5X487435 Policy # P-630-5X487435 Policy # P-630-5X487435 Policy # P-630-5X487435 Policy # P-630-5X487435 Policy # P-630-5X487435 Policy # P-630-5X487435 Policy # P-630-5X487435 Policy # P-630-5X487435 Policy # P-630-5X487435 Policy # P-630-5X487435 Policy # P-630-5X487435 Policy # P-630-5X487435 Policy # P-630-5X487435 Policy # P-630-5X487435 Policy # P-630-5X487435 Policy # P-630-5X487435 Policy # P-630-5X487435 DPNNFSDJBM!BVUP UIJT!FOEPSTFNFOU!DIBOHFT!UIF!QPMJDZ/!QMFBTF!SFBE!JU!DBSFGVMMZ/ BLANKET ADDITIONAL INSURED Î PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE Uijt!foepstfnfou!npejgjft!jotvsbodf!qspwjefe!voefs!uif!gpmmpxjoh; CVTJOFTT!BVUP!DPWFSBHF!GPSN QSPWJTJPOT!3/Uif!gpmmpxjoh!jt!beefe!up!Qbsbhsbqi!C/6/-!Puifs Jotvsbodf!pg!TFDUJPO!JW!†!CVTJOFTT!BVUP 2/Uif!gpmmpxjoh!jt!beefe!up!Qbsbhsbqi!B/2/d/-!Xip DPOEJUJPOT; Jt!Bo!Jotvsfe-!pg!TFDUJPO!mm!†!DPWFSFE BVUPT!MJBCJMJUZ!DPWFSBHF; Sfhbsemftt!pg!uif!qspwjtjpot!pg!qbsbhsbqi!b/!boe Uijt!jodmveft!boz!qfstpo!ps!pshboj{bujpo!xip!zpvqbsbhsbqi!e/!pg!uijt!qbsu!6/!Puifs!Jotvsbodf-!uijt bsf!sfrvjsfe!voefs!b!xsjuufo!dpousbdu!ps jotvsbodf!jt!qsjnbsz!up!boe!opo.dpousjcvupsz!xjui bhsffnfou!cfuxffo!zpv!boe!uibu!qfstpo!ps bqqmjdbcmf!puifs!jotvsbodf!voefs!xijdi!bo pshboj{bujpo-!uibu!jt!tjhofe!cz!zpv!cfgpsf!uif beejujpobm!jotvsfe!qfstpo!ps!pshboj{bujpo!jt!uif #cpejmz!jokvsz#!ps!#qspqfsuz!ebnbhf#!pddvst!boe gjstu!obnfe!jotvsfe!xifo!uif!xsjuufo!dpousbdu!ps uibu!jt!jo!fggfdu!evsjoh!uif!qpmjdz!qfsjpe-!up!obnf bhsffnfou!cfuxffo!zpv!boe!uibu!qfstpo!ps bt!bo!beejujpobm!jotvsfe!gps!Dpwfsfe!Bvupt pshboj{bujpo-!uibu!jt!tjhofe!cz!zpv!cfgpsf!uif Mjbcjmjuz!Dpwfsbhf-!cvu!pomz!gps!ebnbhft!up!xijdi #cpejmz!jokvsz#!ps!#qspqfsuz!ebnbhf#!pddvst!boe uijt!jotvsbodf!bqqmjft!boe!pomz!up!uif!fyufou!pg uibu!jt!jo!fggfdu!evsjoh!uif!qpmjdz!qfsjpe-!sfrvjsft uibu!qfstpo(t!ps!pshboj{bujpo(t!mjbcjmjuz!gps!uif uijt!jotvsbodf!up!cf!qsjnbsz!boe!opo.dpousjcvupsz/ dpoevdu!pg!bopuifs!#jotvsfe#/ Qbhf!2!pg!2 © 2016 The Travelers Indemnity Company. All rights reserved. DB!U5!85!13!27 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy # P-630-5X487435 Policy # P-630-5X487435 Policy # P-630-5X487435 Policy # P-630-5X487435 Policy # P-630-5X487435 Policy # P-630-5X487435 Policy # P-630-5X487435 Policy # P-630-5X487435 Policy # P-630-5X487435 Policy # P-630-5X487435 Policy # P-630-5X487435 Policy # P-630-5X487435 Policy # P-630-5X487435 Policy # P-630-5X487435 Policy # P-630-5X487435 Policy # P-630-5X487435 Policy # P-630-5X487435 Policy # P-630-5X487435 Policy # P-630-5X487435 Policy # P-630-5X487435 Policy # P-630-5X487435