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HomeMy WebLinkAboutC2009-222 - 6/9/2009 - ApprovedCITY OF CORPUS CHRISTI RATIFICATION AMENDMENT NO. 1 CONTRACT FOR PROFESSIONAL SERVICES CARBON PLANT ROAD DIRECT CONNECTOR JOE FULTON FLYOVER (Project No. 6456) The City of Corpus Christi, Texas hereinafter called "City", and Goldston Engineering, Inc., a CH2M HILL Companv, hereinafter called "Engineer", agree to the following amendment to the Contract for Engineering and Consulting Services for Carbon Plant Road Direct Connector Joe Fulton Flyover (Project No. 6456) as authorized by: Original Contract November 17, 2008 Administrative Approval $48,050.00 SCOPE OF SERVICES is amended to include the following: 1 - Prelimina Phase Preliminary Phase is added to include data collection and meetings as follows: a. Data Collection i) Coordination with Texas Department of Transportation (TXDOT) Design and Right-of-Way. ii) Site investigation and photographs. iii) Collect available records and data. iv) List problems and conflicts. v) Alternate locations and costs. vi) Identify results of Site Investigation/Prelim Cost Estimate. b. Meetings i) Meetings with City staff, minutes and report. ii) Meetings with Water and Wastewater Departments. iii) Meetings with TXDOT. 2 -Design Phase i. Task 2-i -Task Complete (Required a data collection phase not included in the initial contract. See Task 1 -Preliminary Phase: Data Collection of this Contract Amendment No. 1.) ii. Task 2-ii -Task Complete (Required preparation of multiple design options at TXDOT's request for design consideration.) a. Task 2-ii-a -Task Complete (Required preparation of four (4) additional exhibits and construction cost estimates for design options at the request of the City and TXDOT. Additionally, preparation of revised plan sheets in City format and TXDOT format required.) b. Task 2-ii-b -Task Complete. 2009-222 M2009-163 06/09/09 Goldston Engineering AMEND. NO. 1 Pa e 1 of 3 c. Task 2-ii-c -Task Complete (Required division of project into reroute along Carbon Plant Road and reroute under IH 37. Under original contract three (3) options were analyzed. As additional services six (6) further options were analyzed at the request of the City and TXDOT. Preparation of revised plan sheets in City format and TXDOT format required.) d. Task 2-ii-d -Task Complete (Required division of project into reroute along Carbon Plant Road and reroute crossing Carbon Plan Road. Under original contract three (3) options were analyzed. As additional services seven (7) further options were analyzed at the request of the City and TXDOT. Preparation of revised plan sheets in City format and TXDOT format required.) e. Task 2-ii-e -Task Complete. f. Task 2-ii-f -Task Complete. iii. Task 2-iii -Task for original scope was completed. Additional scope items required modification of SW3P to reflect current design. iv. Task 2-iv -Task for original scope was completed. Additional scope items required modification of Traffic Control Plans to reflect current design. v. Task 2-v -Task for original scope was completed. vi. Task 2-vi -Task for original scope was completed. vii. Task 2-vii -Task for original scope was completed. viii. No changes to the requirement of this section of the Original Contract. ix. No changes to the requirement of this section of the Original Contract. 3 -Bid Phase i. Tabulate and provide Project Cost Summary to City. ii. Provide responses to Requests for Information (RFIs) from Contractors. iii. Prepare necessary details or revisions to plans as required based on Contractor RFI's iv. Attend preconstruction meeting for the project. PROJECT SCHEDULE is amended as follows: DATE ACTIVITY November 3, 2008 Notice to Proceed November 17, 2008 Begin Design Phase December 29, 2008 60% Submittal January 5, 2009 City Review Mav 5, 2009 100% Submittal Mav 15. 2009 Final Drawings & Specifications FEES SECTION C. SUMMARY OF AIE FEES is amended as follows: c. Fee for Amendment No. 1 Services Authorized. The City will pay the Engineer a lump sum fee of $136,513.00 for providing services specified in Exhibit "A". The fee will be full and total compensation for services and for all expenses incurred in performing these services. Engineer will submit monthly statements for basic services rendered. Each statement will be based on the AMEND. NO. 1 Pa e2of3 project percent completion at the time of billing. City will make prompt monthly payments in response to Engineer's monthly statements. ORIGINAL CONTRACT AMEND. NO. 1 TOTAL 1. Preliminary Phase $0.00 $27,660.00 $27,660.00 2. Design Phase 44,400.00 107,198.00 151,598.00 3. Bid Services 0.00 1,655.00 1,655.00 4. Construction Phase 3,650.00 0.00 3,650.00 Total Fees $48,050.00 $136,513.00 $184,563.00 All other terms and conditions of the November 17, 2008 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 RECOMME ED By ~ ~~4~9 Pete Anaya, P.E. Date Director of Engineering Services ATTEST By Armando Chapa, City Secretary GOLDSTON ENGINEERING, INC. A CH2N~' `^"~'ICOM By 5 ~z.~ l 09 Sidney A. Baas; P.E. Date Vice President 210 S. Carancahua St., Suite 200 Corpus Christi, TX 78401 (361)888-8100 Office (361) 888-8600 Fax ~72:...~AlffN RI2ED et couRCa..,~lri„~,Q~~, Mrr I/~ APPROVED AS TO FORM / ity Attorney Date AMEND. 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'NNO rq'°U ¢wU~WUU2 AMEND. NO. 1 EXHIBIT "A" Pa e 1 of 1 Exhibit B 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 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" Pa e 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 shalt 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. ll f.. fh.... 'en ., rn fm f ., ..rL Q 'LJerb 'cL rrworono droll ho on "nll l r,., r 7ie L" fcirm a r •• r i ' _ - .__ .__.__~__ ___ .. 1 f Th /` I h ll __ ._ il h .. .. h..ll h Th 1 ~. r.,...,~ ,,..,... ..~ _ _ k e era c ild F ~ b .. ..r... e ....o f~an4 ~ n r ...., r.~ ..le4erl ~.~. _...r._-__ ._.__ ._..... .__ __..__.____ _..__ ~. _ ~-least in the amount of $ v e c n ..__ __. _.. ' ~ v g a e S~ s nnl I A OC\ vd.'.~h 'r oof'm`.f...l {.. Lo fh.. ..~I~ ~r. of ......... L. fi.. r. of 4h I ~+I rf ....................... ...... .......................r... 4r. h~ c4r nf...d erl .. ..Ih.. er ..,........ ... l nrlorfho 6eRtfa6~ EXHIBIT "B" Pa e2of3 ~n..n~~ir.,..r nhnu hn n•hie sn.., ..u nnnrn ., rn ., nh h dl.4 n.b rinL i.. .. nl ..1'.. ., rln.4 n4'hle The (`8.. oh~.ll hn me.4 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 "endeavor to"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 10-day written notice of change or cancellation will be required. IV. A completed Disclosure of Interest must be submitted with your proposal. EXHIBIT "B" Pa e3of3 ~~,,yy~jyy~~,,~~ Clty of ^~1 COIpUS CITY OF CORPUS CHRISTI Ct1I'1St1 DISCLOSURE OF INTERESTS ~~ 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: Goldston Engineering, a CH2M Hill Comoanv STREET: 210 S. Carancahua. Suite 200 CITY: Corpus Christi, TX ZIP: 78401 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 Ciry 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: Sidne A. Faas P. Title: Vice President Signature of Certifying Person: ~ Date: 5 ~Z ~ ~ ~y , 2009 EXHIBIT "C" 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, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the Cily 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" Page 2 of 2