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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... - ,�...w.+r„�.�,� ■.mow ,.rrrr. SECRET* Or 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 ill" 11 s Ilc"D 0 0 0 0 0 0 0 c"3 0 0 0 0 0 0 0 00 ra><nccorc v) cD t1 co o ao ao 10° 00000000 111 0 0 69 0 69 0 69 0 69 0 69 0 69 0 z � • J • 1— LLB D • LlJ ce Z I Z • Q. r U) 5 CO 2 1 X C) LiJ CO CL 0 0 E (0 w co 1TP? LU 0 u. Ltl co z 0 Ll co ce 5 o E a w eel E To 12 O o �I 2 0 0 0 0 fl 0 (D oo co co 0 0 0 r 0 c La EL 0 w 0 e, ALL /0 lv cjv 3d SldH 0 N ON BASIC SERVICES 3SVHd 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 69 0 69 0 69 0 0 69 0 69 0 69 C0 CO 0 N 0 69 0 as u) 69 0 69 op 0 0) 0 co 69 0 co co 69 0 0 0 69 0 0 0 69 0 00 60 69 3 0 69 0 69 CO 0 v} 69 0 69 0 69 0 69 0 r0 CO i 69 0 0 4, 0 69 0 0 0 69 0 69 0 69 0 0 0_ 4, 0 69 0 69 0 0 69 0 69 0 69 8 69 v, D z co w 5 z 0 0 m 4) 0 Y L • E ti t [1 0 z 0 c,a(0'tocDN -co < $7601 $3,548 0 0 cI 69 (0 69 I 0 N 10 C.N1 5 0 4 AMD. N, 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