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HomeMy WebLinkAboutC2009-032 - 1/27/2009 - ApprovedCITY OF CORPUS CHRISTI AMENDMENT NO. 2 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "City", and MARTINEZ. GUY & MAYBIK. INC. hereinafter called "Engineer", agree to the following amendments to the Contract for Engineering Services for ADA Sidewalk Access Improvements along Staples Street from Leopard Street to Six Points, as authorized and administratively amended by: Ori final Contract March 8, 2005 Motion No. M2005-079 $141,500.00 Amendment No. 1 October 12, 2007 Administrative A royal $41,720.00 The scope of the original Contract for Professional Services shall be amended to include the following two (2) projects: No. 6391 The work shall entail the reconstruction of street pavement, sidewalks, driveways, and curb ramps; adding new curb ramps, relocating storm sewer inlets to facilitate new curb ramp construction and realigning existing water and wastewater lines to accommodate the storm sewer line relocations; and installing permanent crosswalk pavement marking. The entire work will extend over an approximate length of 0.65 mile along Staples Street located within a middle school, residential, and light commercial areas. The limits of the work consist of 14 street intersections, of which four are signalized. Construction documents shall be prepared using TXDOT standards, technical specifications, and unit cost breakdown. All work must comply with the Texas Department of License and Regulations (TDLR) requirements. ADA Accessible Ramps along Water Street From Coopers Alley to IH 37 (Project No. 64431 The work shall entail the reconstruction of street pavement, sidewalks, driveways, and curb ramps; adding new curb ramps and bulbouts, relocating existing storm sewer inlets to facilitate new curb ramp construction and realigning existing water and wastewater lines to accommodate the storm sewer line relocations; installing permanent crosswalk pavement marking; relocating pedestrian/traffic signal poles. The entire work will extend over an approximate length of 0.71 mile along Water Street located in the downtown area. The limits of work consist of 10 intersections, most of which are signalized and have two directional crosswalks. Construction documents shall be prepared using TXDOT standards, technical specifications, and unit cost breakdown. All work must comply with the Texas Department of License and Regulations (TDLR) requirements. 2009-032 M2009-022 01/27/09 Martinez, Guy & Maybik 1MENDMENT N0.2WMENDMENT N0.2 AMEND. NO. 2 Pa e 1 of 10 Scope of Services. Part A. Basic Services shall be amended to include Basic Services for ADA Accessible Ramps along Staples Street from Six Points to Louisiana Parkway (Project No. 6391) and ADA Accessible Ramps along Water Street From Coopers Alley to IH 37 (Project No. 6443) as follows: 1. SCOPE OF SERVICES A. Basic Services 1. Preliminary Phase. The ArchitecUEngineer-A/E will: It is the intent of the Preliminary Phase to provide a study and report of project scope with economic and technical evaluation of alternatives, and upon approval, proceed in a design summary report and schematics (TXDOT approved format) which includes preliminary designs, drawings, and written description of the project. This report shall include: a. Conduct a physical examination of each site, field verifying existing conditions and measurements; and taking digital photographs to document these existing conditions. Provide scope of soil investigations, borings, and laboratory testing. (The City Engineering Services Department will provide necessary soil investigation and testing under one or more separate contracts). b. Confer with the City staff regarding the design parameters of the project. The Engineer will participate in a minimum of four (4) formal meetings with City staff, provide agenda and purpose for each formal meeting; document and distribute meeting minutes and meeting report within seven (7) working days of the meeting. The A/E will participate in discussions with the operating department and other agencies (such as the Texas Department of Transportation [TXDOT] and Texas Commission on Environmental Quality [TCEO]) as required to satisfactorily complete the project. c. Submit one (1) copy in an approved electronic format (pdf), and one (1) paper copy design summary report and schematics, with executive summary, opinion of probable construction costs, defined technical evaluations of identified feasible alternatives, and review with City staff to produce an acceptable format which contains common municipal elements. Design summary report and schematic will include the following (with CONSTRUCTABILITY being a major element in all the following items): 1) Review of the project with the respective operating department(s) and discussions including clarification and definition of intent and execution of the project; the A/E will meet with City/TXDOT staff to collect data, discuss materials and methods of construction, and identify design and construction requirements. 2) Review and investigation of available records, archives, and pertinent data related to the project including taking photographs of the project site, list of potential problems and possible conflicts, intent of design, and improvements required, and conformance to relevant master plan(s). 3) Identify results of site field investigation including site findings, existing conditions, and probable project design solutions; (which are common to municipalities). AMEND. NO.2 Pa e2of10 N:\USERS2ViOME\VELMAP\GEN\STREET16300\AMENOMENT NO. 2WMENUMENT NO. 2 4) Provide a presentation of pertinent factors, sketches, designs, cross-sections, and parameters which will or may impact the design, including engineering design bases, preliminary layout sketches, identification of needed additional services, preliminary details of construction of critical elements, identification of needed permits, identification of specifications to be used, identification of quality and quantity of materials of construction, and other factors required for a professional design (CONSTRUCTABILITY). 5) Advise of environmental site evaluations and archeology reports that are needed for the project (environmental issues and archeological services to be an additional service). ti) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the project and permitting, environmental, historical, construction, and geotechnical issues; and meet with pertinent authorities. 7) Confer, discuss, and meet with City operating department(s) and Engineering Services staff to produce a cohesive, well-defined proposed scope of design, probable cost estimates(s) and design alternatives. 8) Provide a letter stating that the A/E and sub-consultant engineers have checked and reviewed the design summary report and schematic prior to submission. d. Perform the items as shown on Exhibit "A-1" Task List. City staff will provide one set only of the following information (as applicable): a. Record drawings, record information of existing facilities, and utilities (as available from City Engineering files); b. The preliminary budget, specifying the funds available for construction; c. Aerial photography for the project area; d. Through separate contract, related GIS mapping for existing facilities; e. A copy of existing studies and plans (as available from City Engineering files); f. Field location of existing city utilities (consultant to coordinate with City operating department); g. Provide applicable master plans. 2. Design Phase. Upon approval of the Preliminary Phase, designated by receiving authorization to proceed, the A/E will: a. Study, verify, and implement design summary report and schematic recommendations including construction sequencing, connections to the existing facilities, and restoration of property and, incorporate these plans into the construction plans. Development of the construction sequencing will be coordinated with the City operating department(s) and Engineering Services staff. b. Prepare one (1) set of construction bid and contract documents in City format (using City Standards as applicable), including contract agreement forms, general conditions and supplemental conditions, invitation to bid, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe, for one bid or for multiple bids, the size and character of the entire project; description of materials AMEND. N0.2 Pa e3of10 H:\USER52\HOMENELMAP\GEN\STREET\6300WMENDMENT NO. 2WMENDMENT NO. 2 to be utilized; and such other essentials as may be necessary for construction and cost analysis. c. Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). d. Prepare final quantities and estimates of probable costs and probable construction schedule. e. Furnish one (1) copy of 60°/6 plans (plans only-identify needed specifications) to the City staff for review and approval purposes with an opinion of probable construction costs. Identify distribution list for plans and bid documents, prior to 100% submittal, to all affected utilities including City and all other affected entities (other than private property owners), compile comments and incorporate any requirements into the plans and specifications, and advise City of responding and non-responding participants. The A/E will request a design exception from TXDOT for right-of-way surveys. The A/E will provide responses to requests for additional information and questions concerning the right-of-way survey exception request by TXDOT and other agencies as required. f. Furnish 100% construction documents including specifications for City staff review and approval. Provide one (1) copy of 100% plans for each contract to the City staff for review and approval purposes with revised opinion of probable costs. g. Provide quality assurance/quality control (QA/OC) measures to include in-house plan review and special consultant plan review, to ensure that submittal of the 60% and 100% plans with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. h. Provide a Traffic Control Plan which shall include, illumination, markings and striping, signalization, and as delineated by the City Traffic Engineering Department. i. Upon approval by TXDOT and the Director of Engineering Services, provide one (1) set (hard copy and electronic) of final plans and contract documents suitable for reproduction (In City/TXDOT format) and said bid documents henceforth become the sole property and ownership of the City of Corpus Christi/TXDOT. j. Submit one (1) set of final plans within five (5) days from the date of the Engineer's seal to the Texas Department of Licensing and Regulation for review and approval of accessibility issues (application and review fees to be Additional Services). k. The City agrees that any modifications of the submitted final plans (for other uses by the City/TXDOT) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. I. Prepare and submit monthly status reports with action items developed from monthly progress and review meetings. m. Provide a Storm Water Pollution Prevention Plan. The City staff will: a. Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b. Provide the budget for the project specifying the funds available for the construction contract. AMEND. N0.2 Pa e4of10 H:\USERS2WOME\VEIMAP\GEN\STREET\6300\AMENOMENT N0.2WMENDMENT NO.2 c. Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a. Participate in the pre-bid conference. b. Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c. Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e. In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re-advertise that particular portion of the Project for bids. The City staff will: a. Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b. Advertise the project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c. Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d. Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Phase. The A/E will perform contract administration to include the following: a. Participate in pre-construction meeting. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents 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. e. Make regular visits to the site of the project to confer with the City project inspector and 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. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor AMEND. NO. 2 Pa e5of10 H:\USERS2U10ME\VELMAP\GEN\STREE1~6300W MENDMENT NO. 2W MENDMENT N0.2 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. g. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. h. Review construction "red-line" drawings, prepare record drawings of the Project 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. The City staff will: a. Prepare applications/estimates for payments to contractor. b. Conduct the final acceptance inspection with the Engineer. ~,.,~ Services for as follows: to include Additional Permittino. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit all permits as aoolicable to the appropriate local, state, and federal authorities, including, but not limited to: a. Texas Commission on Environmental Quality (TCEO) Permits/Amendments b. Texas Department of Transportation (TXDOT) c. Texas Department of Licenses and Regulation (TDLR) 2. Right-of-Way (ROW) Acquisition Survey. The A/E will review existing ROW and easements to ascertain any conflicts and provide field ROW surveys and submit ROW plats and descriptions for the City's use in the acquisition process. All work must comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with all TXDOT requirements as applicable. A/E Consultant will be required to perform all necessary deed research. 3. Topooraohic Survey. Provide field surveys, as required for design including the necessary control points, coordinates and elevations of points. Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. AMEND. NO. 2 Pa e6of10 RS2WOME\VELMAP\GEN\STREET6300WMENOMENT N0.2WMENOMENT N0.2 4. Environmental Issues. No additional fee in Amendment No. 2. 5. RAS Consultant Services. Acquire services from a RAS consultant to review plans per TDLR requirements, assist with variances, and conduct field investigations during project design and inspections during construction. Participate in meetings with Mayor's ADA Committee presenting pertinent factors associated with the two (2) projects. Coordinate and provide necessary documents and fees to obtain TDLR approval of design and construction drawings. 6. Public Meetino. Attend one public meeting, participation with preparation of exhibits. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 8. Right-of-Wav (ROW) Encroachment Exhibits. Exhibits without metes and bounds description. 9. Coordinate Right-of-Wav (ROW) Encroachments with TXDOT. No additional fee in Amendment No. 2. 10. Resolve Historical Commission Issues/Prepare Exhibits. No additional fee in Amendment No. 2. 11. TXDOT Cateaorv Exclusion Report. Coordinate, prepare, and submit Category Exclusion for TXDOT approval. 12. Construction Observation Services. 1. Provide a project representative (PR) to provide periodic construction observation. A. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants, the A/E shall endeavor to provide further protection for the CITY against defects and deficiencies in the Work. B. The duties and responsibilities of the PR are described as follows: 1. General: PR will act as directed by and under the supervision of A/E, and will confer with A/E regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with A/E and Contractor, keeping the CITY advised as necessary. 2. Conference and Meetings: Attend meetings with Contractor, such as pre- construction conferences, progress meetings, job conferences and other project-related meetings as required by the City, and prepare and circulate copies of minutes thereof. AMEND. NO. 2 Pa e7of70 R:\USERS2\HOME\VELMAP\GEN\STREET\6300~AMENOMENT N0.2NMENOMENT N0.2 3. Liaison: a. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. b. PR shall communicate with CITY with the knowledge of and under the direction of A/E. 4. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. 5. Shop Drawings and Samples: a. Receive Samples, which are furnished at the Site by Contractor, and notify of availability of Samples for examination. b. Record date of receipt of Samples and approved Shop Drawings. c. Advise Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which PR believes that the submittal has not been approved. 6. Review of Work and Rejection of Defective Work: a. Conduct on-Site observations of Contractor's work in progress to assist A/E in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any observation, test or approval required to be made; and advise City and A/E of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. c. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. 7. Records: a. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, A/E's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. b. Prepare a daily report utilizing approved City format, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to A/E and the City. AMEND. NO. 2 Pa e8of10 H:\USER52WOME\VEIMAP\GEMSTREET\6300WMENDMENT N0.2WMENDMENT N0.2 8. Reports: a. Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. b. Report immediately to the CITY and A/E the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. c. Provide project photo report on CD-ROM at the rate of a minimum of two photographs per day, including an adequate amount of photograph documentation of utility conflicts. 9. Completion: a. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. b. Participate in a final inspection in the company of A/E, the CITY, and Contractor and prepare a final list of items to be completed or corrected. c. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work. to include Proposed Project Schedule for as follows: PROPOSED PROJECT SCHEDULE DAY DATE ACTIVITY Wednesday February 2, 2009 Begin Preliminary Phase Friday April 3, 2009 Design Memorandum Submittal Friday April 17, 2009 City Review Monday April 20, 2009 Begin Design Phase Friday July 24, 2009 Interim Submittal Friday July 31, 2009 City Review Friday August 28, 2009 Pre-Final Submittal Friday September 4, 2009 City Review Friday September 11, 2009 Final Submittal Friday September 18, 2009 TXDOT Submittal Monday (3) February 1, 8, 15, 2010 Advertise for Bids Wednesday February 10, 2010 Pre-Bid Conference Wednesday February 17, 2010 Receive Bids weekday March 2010 Begin Construction weekday November 2010 Construction Completion H:\USERS2\HOME\VELMAP\GEN\STREET\6300V\MENDMENT NO. 2\AMENDMENT N0.2 All other terms and conditions of the March 8, 2005 contract between the City and Engineer, and of any amendments to that contract, which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI Oscar Martinez Date Assistant City Manager RECOMMENDED By 6000 S. Staples, uite 207 Corpus Christi, 78413 (361) 814-3070 Office (361) 991-7970 Fax By~ ~_L~~ Pete Anaya, P. E., Date Director of Engineering Services ATTEST By Armando Chapa, City Secretary APPR VED AST ORj By 0~ " "~~ Assistant City Attorney ate 3T C.Ot1NGL Project No. project Title Fund Source No. Amount 6300 Sta les Street from Leo and to Six Points 550950-3541-00000-170065 $45,960.00 6391 Sta les Street from Six Points to Louisiana 550950-3541-00000-170066 127,619.00 6443 Water Street from Coo ers Alle to IH 37 550950-3541-00000-170193 221,804.00 Total $395,383.00 Encumbrance Number: AMEND. 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N0.2 EXHIBIT "A" Pa e 1 of 1 City of CO~~ CITY OF CORPUS CHRISTI Chnsti DISCLOSURE OF INTERESTS ~~~ City of Corpus Christi Ordinance 17112, as amended, requires all persons orfirms 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 "NIA". FIRM NAME: Martinez, Guv & Mavbik, Inc STREET: 6000 S. Stables Street, Suite 207 CITY: Corpus Christi ZIP: 78413 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 Signature Title: Preside t Date: D 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, joint 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, Depu~City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of 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 (rusts, 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