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HomeMy WebLinkAboutC2008-401 - 10/30/2008 - NAAMENDMENT NO. 2 TO CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "City" and Coym, Rehmet & Gutierrez Engineering, L.P. hereinafter called "Consultant" agree to the following amendment to the Contract for Professional Services for Street Overlays Cluster 1 Tax Notes 2008 (Project No. 6448), as authorized by: Original Contract May 15, 2008 Administrative Approval $47,235.00 Amendment No. 1 June 2, 2008 Motion No. M2008-141 $72,965.00 In the original contract, the SCOPE OF SERVICES shall be modified to include the following paragraphs: CONSTRUCTION PHASE SERVICES The Consultant will perform contract administration for the nine streets in Cluster 1 to include the following: a. Participate in the pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacting the project. b. Review for conformance to contract documents, asphalt mix designs, and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Provide a project staff engineer for on-site part-time construction administration and observation. The staff engineer will work in conjunction with the Contractor's superintendent to delineate areas of pavement repair as well as observation of construction materials and methods. f. The project manager (PE) will make periodic visits to the Project to confer with the contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. g. Assist the City with preparation of change orders as authorized. Provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. h. Review line and grade data for curb sections to be replaced. i. Make prefinal and final inspections with City staff and provide the City with a Certificate of Completion for the Droiect. ., - -- j. Review construction "red-line" drawings, prepare record drawings of the Project (Cluster 1) as constructed (from the "red-line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. 2008-401 10/30/08 AMD. NO. 2 Pa e 1 of 3 6 STREET OVERLAYS CLUSTERS 1, 2, 3, 4NMENDMENT N0. 2WMENDMENT NO. 2 COVM Coym, Rehmet & Gutierrez Eng. The A/E will coordinate with the other two consulting engineering firms in consolidating the work from all four clusters into one reproducible set. k. Conduct aone-year warranty inspection and submit a report to the City and Contractor of defects in materials and workmanship required to be repaired under the warranty provisions of the construction contract. The City staff will: a. Furnish a minimum one-half time project representative. b. Designate an individual to have responsibility, authority, and control for coordinating activities for the construction phase. c. Prepare change orders as required. d. Prepare monthly pay estimates for payments to contractor. e. Conduct the prefinal and final acceptance inspections with the Engineer. TIME OF PERFORMANCE The construction contract time associated with this project is 120 calendar days. The work anticipated herein is for 17 weeks after the Notice to Proceed. FEES The fees for Amendment No. 2 is as follows: Design Phase Services $0.00 Bid Phase Services 0.00 Construction Phase Services 45,140.00 TOTAL AMENDMENT NO. 1 $45,140.00 SUMMARY OF CONTRACT FEES TO DATE Small A/E $47,235.00 Amendment No. 1 72,965.00 Amendment No. 2 45.140.00 TOTAL CONTRACT AMOUNT $165,340.00 CITY OF CORPUS CHRISTI Oscar Martinez (Date) Assistant City Manager COYM, REHMET & GUTIERREZ ENGINEERING,~.P. _ ~/Uon Rehmet, P.E., R. P.L.S. (Date) dice-President 5656 S. Staples Street, Suite 230 Corpus Christi, Texas 78411 (361) 991-8550 Office (361) 993-7569 Fax _/ AMD. NO. 2 ~<p~~j~G(~ Pa e2of3 R:\USERS2\ROME\VELMAP\GEN\STREET6446 STREET OVERLAYS CLUSTERS 1, 2. 3, 4UMENDMENT NO. 2WMENDMENT NO. 2 COVM RE~~END D ~~ Kevin R. Stowers (Da e) Interim Director of Engineering ATTEST City Secretary Project Number: 6446 APP OVED AS TO FORM Funding Source: 550950-3530-00000-170102 (' ~j /~~i/ Encumbrance Number: Assistant City Attorney ((Date) ~c AMD. NO. 2 Pa e3of3 H:\USER52\HOME\VELMAP\GEN\STREET\6446 STREET OVERLAYS CLUSTERS 1, 2, 3, 4W MENOMENT NO. 2WMENDMENT NO. 2 COVM Exhibit A Mandatory Requirements (Revised September, 2001) INSURANCE REQUIREMENTS 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 Ion -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 "A" -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 oflnsurance. 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. Exhibit "A" -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 "A" -Insurance Requirements Page 3 of 3 ~~,,yy~y~,~ City of ^-1 COI'pUS CITY OF CORPUS CHRISTI CI117St1 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: Covm. Rehmet & Gutierrez Enpineerinp. L.P. STREET: 5656 South Staoles. Suite 230 CITY: Corpus Christi ZIP: 78411 FIRM is: 1. Corporation X 2. Partnership 3. Sole Owner- 4. Association 5. 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) N/A 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 N/A 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 J Don Rehmet Signature of Certifying Person: Title: Principal Date:~~ EXHIBIT "B" Page 1 of 2 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 economic gain, whether professional, industrial or commercial and whether established to produce ordeal 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, toint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "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. 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 "B" Page 2 of 2