HomeMy WebLinkAboutC2007-181 - 6/12/2007 - ApprovedAMENDMENT T I .
TO CONTRACT FOR
PROFESSIONAL SERVICES
The City of Corpus Christi, hereinafter called "CITY" and shiner Mosele and Associates, Inc.
hereinafter called "CONSULTANT", SULTAI T ", agree to the following amendment to the Contract for
Professional Services for Cor us Christi Shi . Channel Utili Crossin Pr 'e t No. 7173
and 84p1 as previously authorized and amended by:
Lo!iaiFI Contract
December LMn .,0 2002 -418
Amendment 1 . 1 July 11, 2006 Motion I . 2006 -199 $162,344.00
$282}7OO.O1
The following paragraphs describe Amendment No. 2. The headings and outline designations
refer to those from the original contract; amended sections retain the same number and letter
designation; new sections append the sequencing of the original contract.
EXHIBIT "A", PART 1. SCOPE OF SERVICES, SECTION B. ADDITIONAL SERVICES, shall
be modified to expand the Additional Services to include the following: �
ITEM NO. 5 CONSTRUCTION UCTI BSERI ATI I SERVICES
• Provide additional construction observation services for installation of the new
utility crossing (BASE BID 1)
EXHIBIT "A ", PART 3. FEES, shall be modified and is attached as Exhibit "A" Summary
of Fees.
Exhibit "A -1" TASK LIST shall be modified to expand the Task List to include the
following:
10)(a) BASE BID 1 (installation of New Utilities)
In addition to providing construction ` hase services as indicated
p in the amended
EXHIBIT "A ", PART 3. FEES, SECTION C. Sumrna of Fees, and the amended
Exhibit "A-1" TAS _LIST perform the Construction Observation Services:
211 additional calendar days — as necessary through the completion f project punch list
items.
All other terms and conditions of the December 17, 2002 contract and amendments between
the City and the Consultant will remain in full force and effect.
CITY OF CORPUS CHRISTI
Ronald F. Il ssev
Assistant City Manager
RECOMMENDED
el R. Escobar, P.E. Date 0/07
'rector of Engineering Services
2007-181
06/12/07
M2007446
Shiner, Moseley and Associates
.Ship ChannellArnd No. 21Amd. No. 2.doc
SHINER, MOSELEY & ASSOCIATES, INC.
1/415. /0 -12
Shiner, .E. Date
Senior r e President
555 N. Carancahua, Suite 1650
Corpus Christi, Texas 78478
Phone: 361 - 857-2211; Fax: 361-857-7234
ATTEST
Armando Chapa
City Secretary
APPROVED AS TO FORM
Assistant City Attu rn ey
Dat
t&el AUTHORiax.
Iff COUNCIL...
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H :1B ME Ract►eIrel EN astewaterl7f 7 8 8429 -ship ChannellAnd. No. 21 md. fro. 2.doc
SHINER MOSELEY
AND ASSOCIATES, INC.
January 10, 2007 J200.20077.06 135201
Angel Escobar, P.E.
Director of Engineering Services
City of Corpus Christi
P.O. Box -9277
Corpus Christi, Texas 78469 -9277
t
JAN 1 1 2007
RE: CORPUS CHRISTI SHIP CHANNEL UTILITY CROSSING - REVISED AND
ISSUED FOR RE -BID (CITY PROJECT NOS, 7173/8429)
OUT-OF-SCOPE SERVICES (BASE BID .1
Dear Angel:
The purpose of this Ietter is to bring to your attention certain out-of-scope services ees we have
provided for the above mentioned project. The attached supporting documentation ' •
.. .. , pp ton riiustrte
we have provided additional construction observation and coordination beyond our contracted
scope of work. After you have reviewed this letter and supporting documentation, we would
appreciate a chance to meet and discuss compensation for these services..
In summary, please consider the follow in items:
• Our amended contract to provide Engineering and Consulting services included
, . , g used
eonstru tron observation services for Base Bid '1 through May 15, 2006. •
• As of the end of May, 2006, the total value of outstanding work for the Contractors was
$279,870.20 (adjusted to exclude. project allowances that will not p J he needed, see Exhibit
II).
•
The actual amended construction contract is $3,032,468.00. This amount can be
adjusted to exclude project allowances that will not
be needed, for a total of
$2,806,261..83.
• The revised construction completion date was June 14, 2006 and as of January
2007, we are continuing to work with the Contractor toward project closeout.
• We are requesting additional compensation in the amount of $62,700.00.
We look forward to the opportunity to discuss these matters with y ou further.
HDR Engineering, Inc.
555 N Carancahua
Suite 1650
Corpus Christi, TX 78478 -0010
Phone (361) 857 -2211
Fax (361) 857 -7234
www hdrinc.corn
• Mr. `Angel Escobar
January 10, 2007
▪ Page -2 of
Sincerely,
IlDR ENGINEERING, INC.
t & Jic
Natasha Fudge, P.
Project . Engineer
.Tani :.Shi.. er, P.E.
Senior Vice President
- NF/vn
}
Enclosures: Exhibit 1 —.Out- -Scope Services .-
Exhibit 2 - Marthour Breakdown
Exhibit 3 - Summary of Outstanding Work Items
Cc: . Mr.: Joe Tr j o City of.Comus Christi
Mt Randal Sti ers - -. City of Corpus Christi
AProjects1200 1200 20077_061 or tractsladditicnal compensation\LT 12 0.6 Fudge to Escobar.doc
J200.20077.06 / 35201
EXHIBIT I —OUT-OF-SCOPE SERVICES PROVIDED
CORPUS CHRISTI SHIP CHANNEL UTILITY CROSSING —
REVISED AND ISSUED FOR REBID (BASE BID
Additional Construction Observation Services
The original contract for Engineering and Consulting Fees dated December 17, 2002, for the
above mentioned project included construction observation for half -time, or 20 ur per week,
for four months as indicated in Exhibit 9, section C, "Summary of fees ". On July 11, 2006 this
contract was amended (Amendment No. 1) to include construction observation time for an
additional 45 calendar days, bringing our contract to provide services to a total of 165 calendar
days. The Contractor received noti
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EXHIBIT "A"
Page 4of8
EXHIBIT HI — SUMMARY OF OUTSTANDING WORK ITEMS
CORPUS CHRISTI SHIP CHANNEL UTILITY CROSSING —
REVISED AND ISSUED FOR REBID (BASE BID 1)
General Project Information
Contract Amount (includes change orders No. 1, 2 and 3)
Unanticipated utility adjustment (credit)*
Existing wastewater line repair and emergency spill
response allowance (credit)* *
Pending Change Order No. 4 (credit)
Adjusted Construction Amount
$3,032,468M0
($100,000.00)
($75,000.00)
($51,216.17 )
$2,806,261.83
This item is an allowance with a unit price of $100,000 and will not he required for this project.
This item is an allowance with a unit price of $75,000 and will not be required for this project.
Outstanding work items as of May 31, 2006:
The outstanding work items as of May 31, 2006 (as indicated in Pay Request guest No. 6) included:
• Site restoration, landscaping, street and asphalt repair o% complete
■
Traffic control 75% complete
■ Installation of pvc water main 50% complete
■ Air release valve, water manhole, etc 80% complete
• Connect new water line % complete
■ Installation of the pvc waste water main 75% complete
■ Valve vault 65% complete
• Air release valve, ww manhole, etc 80% complete
• Connect new w % complete
■ Unanticipated utility adjustment (not required)* o% complete
• Existing wastewater line repair and emergency spill
response allowance (not required) ** - - % complete
Total value of outstanding work: $454,870.20
Total value (not including allowances* $279,870.20
Percent of project completed (adjusted to exclude allowances) 90%
**
This item is an allowance with a unit price of $100,000 and will not be requiredfor this project.
This item is an allowance with a unit price of $75,000 and will not he requiredfor this project.
Thus, from May 16th to present, we have provided construction observation and construction
management services for construction work valuing $279,870.20 (approx)
SHINER M�SELEY
AND ASSOCIATES, INC.
VIA CERTIFIED MAIL
Max 8, 2007 •
Mr. Steve A1rrnan • p ,
Aker man Construction Co., Inc.
P.O.. Box 1626
Purcell, OK 73080
• 35201
RE: CORPUS CHRISTI SHIP CHANNEL UTILITY CROSSING — REVISED A
ISSUED FOR -SID CITY PROJECT NOS. 7173/8429) BASE p 1
,- • .
ASS S11 NT of IfIOUIDATED DAMAGES (Bond 1 .600201) _ •..
Dear Mr. kerns : •
In. previous correspondence dated February 9, '2007, • we.-notified . Arax _Construction Co.,
Inc. of the.. City -of Corpus Cl i tf's intent to assess liquidate4 damages%for one hundred eighty-
(182) 'calendar days for-4 total of $91,000 for the project ea tic n d above, As discussed in
our March , 200'7 meeting with City • f Corpus Christi staff, the pity will determine the actual
- amount of liquidated damages assessed for the project upon resolution - of HDRIShiner Moseley.
• -arid A s eiates- request for additional compensation. far engfneering services .p rformed for the -
- roj ct in the ambunti.of .$62,700. On April 23,- 2007 the -C.it)i cletermihed that of• the total of
$62,700 that IRIS in r Moseley and •Associates has .requested,. $•12,926.70 shall •not be-
icll toward the assessment of liquidated damages. Thus, the City i. seeking- cortipensation compensation
from Akerman Construction Co., Inc.-in the amount of$49,773.30 to cover the additional casts. •
- incurred by the City. rsultg from the delay in construction - • _.• •
•
•
• Per. our conversation on April 30, 2007 in h • of assessing Liquidated Damages; ti7le the City has
agreed to extend your construction contract .by an additional 100 calendar dap with a =
change
order to -the City in the. credit amount o $49,773.30. • • _ •
▪ If this is • acceptable, please • sign below .here indicated and provide a Copy to us for our
records. Upon .receipt, ire - l l .provide change order documentation for your signature for the
purpose .'of forwarding to the City for execution. . •
Please contact me at .361-857-2211 if you ye • uire additional information or assistance.
. Regards,
HEIR NGINE ING,
Nta• slia Fudge,.
'Project Engineer
HDR Englneaiing, Inc.
- 555 N Carancahua .
- - Suite 1650 _
Corpus- Christi, T7( 78418-0010
. Phone 1301
• Fax (361) 857 -7234 . •
w .hdrincF am
Mr. Steve Akerman
May 8, 2007
• Page 2 of
NAME:
d� ,erirr�
TITLE:�pp,S,Cj'�1
DATE:
NFicirn.
cc: Terry Williams (AS Surety Group) VIA CERTIFIED MAIL
Angel Escobar (City of Carpus Christi)
Kent Power (City of Corpus' Christi} .
Joe Trejo (City of Co.rpu§ Christi)
Randal Stivers (City of Corpus. Christi)
Mike Dillard (Akerman Construction Co., Inc.)
Joe Cole (Akerman Construction . C ,, Inc)
K; rojectsi O0 \200_ 0 77_06\ orr spoiidcncc ! T Akennan !.D 03 08 - 007.doc
35201
BASIC SERVICES
1 Preliminary Phase
2 Design Phase
3 Bid Phase
4
CORPUS CHRISTI SHIP CHANNEL UTILITY CROSSING
(Project Nos. 7173/8429 & 8549)
SUMMARY OF FEES
ORIGINAL
CONTRACT AMD. NO. 1
AMD. I ._2
Construction Phase
Subtotal Basic Services
$68,200.00 $0.00
57,900.00 9,980.00
19, 100.00 17, 800.00
39,300.00 0.00
184, 500.00 27, 700.00
ADDITIONAL SERVICES (Allowance) (AUTHORIZED)
1 Permit Preparation r 17,900.00
ROW Acquisition Surrey
Topographic Survey
1-3 ROW Title Services
27,900.00
4 (Construction Observation Services
Start -lip Services
6 IWarrentPhase
$0.00
0.00
0.00
0.00
0.00
TOTAL
$08,200
67, 880.00
30, 900.00
39,0.
212,280.00
12,000.00
5,900.00 0.00
42,000.00 122,564.00
Subtotal Additional Services
TOTAL AUTHORIZED FEE
1,900.00 0.00
2,600.00 0.00
98,200.00 134,564.00
$282,700.00
H;HOME Rachei1el EN\Wastewated717 8429-Ship ChannellAnd. No. 2% ummary of Fees.xfs
$162,344.00
0.00
0.00
0.00
62, 700.00
0.00
2/ 0.00
,700.00
$62,700.00
29,900.00
27, 900.00
5,900.00
227,264.00
1,900.00
2 #000.00
295,.00
$507,744
City of
�. Corpus
Chnsti
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 1 7112, 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
"N/A".
FIRM NAME: Shiner Moseley & Associates Inc.
STREET: 555 N. Caran ahua, Suite 1650 CITY: Corpus Christi, TX
FIRM is: 1. Corporation X 2. Partnership 3. Sole Owner
5. Other
ZIP: 78478
4. Association
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 yee f 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)
IIA
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
N1A
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
N/A
Consultant
CERTIFICATE
1 certify that all information provided is true and correct as of the date of this statement, that 1 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: James A. Shiner P.E.
ype or • nom)
Signature of Certifying Person: Date:
Title: _Senior Vice President
e g
EXHIBIT "B"
Page 1 of
DEFINITIONS
a. Board Member. A member of any board, commission or committee appointed by the City Council f the City of
Corpus Christi, Texas.
b. 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.
c. 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 Mild), for purposes of taxation, are treated as non - profit organizations.
d. Official. The Mayor, members ers f the City Council, City tanager, Deputy City Manager, Assistant City Managers,
Department and Division Heads and Municipal Court Judges of the City i of Corpus Christi, Texas.
e. Ownership Interest. Legal or equitable interest, whether actually or constructively held, in a firm, including when
such interest is held through a n agent, trust, estate or holding entity. Constructively held refers to holding or
control established through voting trusts, proxies or special terms of venture or partnership agreements.
f. 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.
EXHIBIT "B"
Page 2 of