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Home My WebLink AboutC2008-340 - 9/16/2008 - ApprovedAMENDMENT NO. 1 TO AGREEMENT FOR ARCHITECT/ENGINEER CONSULTANT SERVICES The City of Corpus Christi, Texas hereinafter called "CITY", and GOVIND DEVELOPMENT. LLC, acting through its duly authorized representative who is Govind Nadkarni. P.E. ("CONSULTANT"), agree to the following amendments to the Contract for Consultant Services for the following project, as authorized and administratively amended by: Ori final Small A/E A reement Au ust 17, 2007 Administrative A royal $24,900.00 1. DECLARATIONS. "CITY" desires to engage "CONSULTANT" to provide services in connection with City's project, described as follows: New Broadway Wastewater Treatment Plant IProiect No. 72931 "Project'. 2. SCOPE OF WORK. "CONSULTANT" shall provide services forthe PROJECT in accordancewith the accompanying Letter, Scope of Services, and Fee attached as "ExhibitA". Section 2. SCOPE OF WORK is amended for additional services summarized below: • Preliminary Design and Constructability Review Phase • Design Phase • Bidding Phase 3. FEE. The "CITY" agrees to pay the "CONSULTANT" for services provided in accordance with Exhibit "A", Scope of Services, and Fee under this AGREEMENT, a revised fee not to exceed $126.000.00 (One Hundred Twenty-Six Thousand Dollars and Zero Centsl, for a total restated fee not to exceed $750.900.00 IOne Hundred Fifty Thousand Nine Hundred Dollars and Zero Cents). CITY (?F CORPUS CHRISTI el .Escobar, P.E. (D te) Interim City Manager Kevin R. Stowers (Date) Interim Director of Engineering ATTEST City Secretary GOVIND DEVELOPMENT, LLC Govind Na arni, .E. ~• (Date) P.O. Box 271127 Corpus Christi, TX 78427-1127 (361) 290-5001 Office; (361) 993-0156 Fax o , AUTHORItt~ 6C COUNCIL ..~~I ~ (~~,~..,~ SECRETARY fQ APPROVED AS TO FORj ~-l `~ o ~(0 9, Assistant City Attorney (D te) Project Number: 7293 CIP NO. WW 00 Funding Source: 550950-3430-00000-190130 Encumbrance Number: 2008-340 09/16/08 M2008-249 ant\Govintl NatlkamiWmtl. No. iWM. No. 1 tloc AMD. NO.1 Pa e1of1 Govind Development SCOPE OF WORK FOR PROVIDING CONSULTING SERVICES FOR NEW BROADWAY WASTEWATER TREATMENT PLANT Preliminary Design & Constructability Review Phase: $72,000 • Work with City's Design Consultant to help coordinate to get necessary soils investigation and testing from Geotechnical consultant for needed soils investigation, borings & laboratory testing. • Help coordinate and set up design parameters of the project work with Operating Department, act as a liaison between Design Consultant and Operating Department, and act as City Engineering Services Department's representative as Project Coordinator. • Review and make comments on preliminary engineering report and work with Design Consultant to obtain opinion of probable construction cost to ensure that the project stays within budget on behalf of City Engineering Services Department's representative. • Attend necessary design workshops with Design Consultant, Peer Review team member and Operating Department and participate in discussion during workshops. Get clarification and necessary data and material to identify design and construction methods. • Assist in presentation of pertinent factors, sketches, cross sections and parameters which may affect and impact engineering design basis, preliminary details of construction of critical elements, identification of necessary permits etc. • Work with Design Consultant and Operating Department in coordination with governmental agencies such as Port of Corpus Christi, Texas Commission on Environmental Quality, Texas Water Board, etc. and any other governmental authority having jurisdiction to approve design of the project and permitting. • Work with City's Operating Department and Design Consultant to produce a cohesive, well-defined proposed scope of design, probable cost estimates and design alternatives. EXHIBIT "A" Pa e 1 of 3 • Work with City's Engineering Services staff and Operating Department to coordinate necessary in-house information that Design Consultant needs, including preliminary budget, funds available for construction, existing studies, plans, aerial photographs, etc. Assist Design Consultant in coordination of public relations matters (such as community involvement and neighborhood input) and help make presentations whenever necessary to community groups and City Council. Design Phase: $ 42,000 • Work with City's Design Consultant to implement Preliminary Engineering Report recommendations to get proper design drawings, construction sequencing, and connections to existing facilities. • Work with City's Operating Department to ensure that Design Consultant is provided necessary information regarding the construction document preparation and information for new Broadway WWTP. • Review the interim documents at 60% and pre-final submittal and provide comments to Design Consultant in a timely manner so project schedule is kept as intended. Attend all necessary meetings and assist on QA / OC of project execution plans during design phase of the project. • Provide Design Consultant with City's standard detail sheets, standards and special provisions and forms required for bid documents. Bidding Phase: $12,000 • Work with Design Consultant to help perform bidders' pre-qualifying evaluations and develop apre-qualified bidders' listing and encourage bidders to get on bidders' list. EXHIBIT "A" Pa e2of3 • Help coordinate pre-bid meetings and communicate with bidders and get their questions answered through Design Consultant. • Work with Design Consultant to prepare addenda as necessary and ensure that bidders get the necessary information back in a timely manner. • Work with Design Consultant to ensure that bidders have an appropriate time to submit their bid. Provide additional time to bidders if necessary so bidders get proper time to prepare good bid for City. • Assist City's Engineering Department and Design Consultant in reviewing and evaluating contractor's proposal and provide a recommendation on selection of contractor to present to City Council for approval. EXHIBIT "A" Pa e3of3 Exhibit B Mandatory Requirements (Revised September, 2001) INSURANCE R CONSULTANT LIABILITY INSURANCE A. The Consultant shall not commence work under this Agreement until he/she has obtained all insurance required herein and such insurance has been approved by the City. Nor shall the Consultant allow any subconsultant to commence work until all similar insurance required of the subconsultant has been so obtained. B. The Consultant shall furnish two (2) copies of certificates, with the City named as an additional insured, showing the following minimum coverage in an insurance company acceptable to the City. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all Bodily Injury and Property Damage certificates Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises -Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractuallnsurance 7. Broad Form Property Damage 8. Independent Consultants 9. Personallnjury AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS= WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include [ ] REQUIRED long-tern environmental impact for the disposal of [X] NOT REQUIRED contaminants BUILDERS' RISK See Section B-6-11 and Supplemental Insurance Requirements [ ]REQUIRED [X] NOT REQUIRED INSTALLATION FLOATER $100,000 Combined Single Limit See Section B-6-11 and Supplemental Insurance Requirements [ ] REQUIRED [X] NOT REQUIRED Exhibit "B" -Insurance Requirements Page 1 of 3 C. In the event of accidents of any kind, the Consultant shall furnish the City with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. II. HOLD HARMLESS A. Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. B. The Consultant shall obtain workers' compensation insurance coverage through a licensed insurance company or through self-insurance obtained in accordance with Texas law. If such coverage is obtained through a licensed insurance company, then the contract for coverage shall be written on a policy and endorsements approved by the Texas State Board of Insurance. If such coverage is provided through self-insurance, then within ten (10) calendar days after the date the City requests that the Consultant sign the contract documents, the Consultant shall provide the City with a copy of its certificate ofauthority toself-insure its workers' compensation coverage, as well as a letter, signed by the Consultant, stating that the certificate of authority to self-insure remains in effect and is not the subject of any revocation proceeding then pending before the Texas Workers' Compensation Commission. Further, if at any time before final acceptance of the Work by the City, such certificate of authority to self-insure is revoked or is made the subject of any proceeding which could result in revocation of the certificate, then the Consultant shall immediately provide written notice of such facts to the City, by certified mail, return receipt requested directed to: City of Corpus Christi, Department of Engineering Services, P. O. Box 9277, Corpus Christi, Texas 78469 -Attention: Contract Administrator. Whether workers' compensation insurance coverage is provided through a licensed insurance company or through self-insurance, the coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. ~~ ~~ seatras~ Exhibit "B" -Insurance Requirements Page 2 of 3 III. On the certificate of insurance: • The City of Corpus Christi is to be named as an additional insured on the liability coverage, except for workers' compensation coverage. • Should your insurance company elect to use the standard ACORD form, the cancellation clause (bottom right) shall be amended by adding the wording "changed or"between "be"and "cancelled" and deleting the words "endeavorto"and the wording after "left". If the cancellation clause is not amended in the ACORD form, then endorsements shall be submitted. • The name of the project also needs to be listed under "description of operations". • At least 70-day written notice of change or cancellation will be required. IV. A completed Disclosure of interest must be submitted with your proposal. Exhibit "B" -Insurance Requirements Page 3 of 3 C~of US CITY OF CORPUS CHRISTI ChnSti DISCLOSURE OF INTERESTS w~ 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 "N/A". FIRM NAME: Govind Development. LLC STREET: P.O. Box 271127 CITY: Corpus Christi, TX ZIP: 78427-1127 FIRM is: 1. Corporation 2. Partnership- 3. Sole Owner X 4. Association- s. 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 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 Commidee Planning & Zoning Commission 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 N/A CERTIFICATE 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: Govind Nadkarni P.E. Title: ype or nn // _ q / g Signature of Certifying Person: ~Gr.~lr.-,..Y Na~t~2w-~~/•(: • Date: ~~ EXHIBIT "C" Pa e1of2 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. 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 established to produce or deal w of sole proprietorship, as self-e~ receivership or trust and entities stria) or commercial and whether ted to, entities operated, in the form Dint stock company, joint venture, as non-profit organizations. d. Official. The Mayor, members of the City Council, City Manager Depu~City Manager, Assistant City Managers, Department and Division Heads and Municipal Cou Judges o~ the Ci 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 an 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 "C" Pa e2of2