HomeMy WebLinkAboutC2009-336 - 8/25/2009 - ApprovedAMENDMENT NG.1
TQ CGNTRACT FGR
PR~FESSIDNAL SERVICES
The City of Gorpus Christi, Texas hereinafter called "City" and Govind Nadkarni P.E, dba
Govind Develo ment LLC, hereinafter called "Consultant" agree to the following amendment
to the Contract for Professional Services for CIP and Bond Issue 2008 Prelimina Work
Project No. 90090 as authorized by:
Original Small AIE Sept. 12, 2001 Administrative Approval $48,150.00
1. SCOPE 4F PROJECT
Govind Development, LLC, ~AIE} will provide the necessary services for engineering design
coordination and project management services as needed during preliminary design, final
design, deign document and constructability review phases with City's selected consultants.
2. SCOPE OF SERVICES
The AlE hereby agrees, at its awn expense, to perform professional services necessary to
review and prepare plans, specifications, and bid and contract documents. In addition, AIE will
provide monthly status updates project progress or delays, gantt charts presented with monthly
invoices} and provide contract administration services, as described in Exhibit "A"and "A-1 ",
to complete the Project. Exhibit "A-1" provides supplemental description of services to
Exhibit "A" and is not intended to supersede services described in Exhibit "A". UVork will
not begin on Additional Services until requested by the AlE provide breakdown of costs,
schedules}, a d written authorization is provided by the Director of Engineering Services.
AIE services will be "Services for Construction Projects"- Basic Services for Construction
Projects"}which are shown and are in accordance with "Professional Engineering Services-A
Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting
Engineer's Council ofTexas and Texas Societyof Professional Engineers. For purposes ofthis
contract, certain services listed in this publication as Additional Services will be considered as
Basic Services.
3, ORDER OF SERVICES
The AIE agrees to begin work on those authorized Basic Services for this contract upon receipt
of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any
phase or any Additional Services until requested in writing by the AIE and written authorization is
provided by the Director of Engineering Services. The anticipated schedule ofthe preliminary
phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This
schedule is not to be inclusive of all additional time that maybe required for review by the City
staff and may be amended by orwith the concurrence of the Director of Engineering Services.
The Director of Engineering Services may direct the AIE to underkake additional services or
tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee
will be mutually agreed and evidenced in writing as an amendment to this contract. AIE shall
notify the City of Corpus Christi within three ~3} days of notice if tasks requested requires an
2009-336
MZ009-240 Contract for Engineering ~AIEy Services
Page ~ of 3
OS~25~09 ilAmd. No,1lLarge A~.dac
Govind Nadkarni, P.E. ~N~~~~
4. MANDATORY REQUIREMENTS
AIE agrees to the mandatory contract and insurance requirements set forth in Exhibit "B",
5. FEE AND TERM OF CONTRACT
The City will pay the AIE a fee an amount not to exceed $47,509 for a total restated fee of
$296,Z5D as described in Exhibit "A", for providing services authorized. Monthly invoiceswill
be submitted in accordance with Exhibit "D"and shall include monthly updates. The term of the
contract will be for ~ 2 months with an option to extend for up to two ~2} additional ~ 2-month
periods.
6. TERMINATION OF CONTRACT
The City may, at any time, with or without cause, terminate this contract upon seven days written
notice to the AIE at the address of record, In this event, the AIE will be compensated for its
services on all stages authorized based upon AIE and City's estimate of the proportion of the
total services actually completed at the time of termination.
7. LOCAL PARTICIPATION
The City Council's stated policy is that City expenditures on contracts for professional services
be of maximum benefit to the local economy. The AIE agrees that at least 75°/0 of the work
described herein will be performed by a labor force residing within the Carpus Christi
Metropolitan Statistical Area ~MSA}. Additionally, no more than 25°/0 of the work described
herein will be performed by a labor force residing outside the Corpus Christi Metropolitan
Statistica I Area ~ M SA. ~
8. ASSIGNABILITY
The AIE will not assign, transfer or delegate any of its obligations or duties in this contract to any
other person without the prior written consent of the City, except for routine duties delegated to
personnel of the AIE staff. If the AIE is a partnership, then in the event of the termination of the
partnership, this contract will inure to the individual benefit of such partner or partners as the
City may designate. No part of the AIE fee may be assigned in advance of receipt by the AIE
without written consent of the City.
The City will not pay the fees of expert or technical assistance and consultants unless such
employment, including the rate of compensation, has been approved in writing by the City.
9. OWNERSHIP OF DOCUMENTS
All documents including contract documents plans and specifications}, record drawings,
contractor's field data, and submittal data will be the sole property of the City, may not be used
again by the AIE without the express written consent of the Director of Engineering Services.
However, the AIE may use standard details that are not specific to this project.
Contract for Engineering ~AIE~ Services
Page 2 of 3
H:1HQM~IRache!le1G~NIBond 20081Govind NadkarnilAmd. No.11E_arge AE.dac
The City agrees that any modification of the plans will be evidenced on the plans, and be
signed and sealed by a professional engineer prior to re-use of modified plans.
10. INSURANCE, INDEMNIFICATIaN AND HELD HARMLESS
The Consultan# will submit to the City Engineer a certificate of insurance, with the City
named as additionally insured, showing the minimum coverage set forth in Exhibit "B" by
an insurance companyacceptabletothe City. The Consultantfurtheragreesto indemnify,
save harmless and defend the City of Corpus Christi, and its agents, servants, and
employees as more fully set forth in Exhibit "B".
11. DISCLOSURE OF fNTEREST
AIE further agrees, in compliance with City of Corpus Christi ordinance No. 11112, to
complete, as part of this contract, the Disclosure of Interests form attached as Exhibit "C".
CITY of CARPUS CHRISTI
Oscar Martinez Date
Assistant City Manager
RECOMM NDED
G
Pete Anaya, P.E. Date
Director of Engineering Services
ATTEST
Armando Chapa, Cit Secretary
GoVIND NADKARNI, P.E.
dba GoVIND EVELOPMENT, LLC
~.
Govind N ni, Date
P.G. Sox 271121
Corpus Christi, TX 184271121
X361 } 290-5001 Gffice
X361 } 993-4156 Fax
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City Attorney ate
Contract for Engineering ~AJE~ Services
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H:IHOME1RachelielGENlBond 20D81Govind NadkarniWmd. No.1lLarge AE.dac
AMENDMENT N0.1
BAND 2008 DESIGN CG4RDINATI~N AND
PROJECT MANAGEMENT SERVICES
4Project No. 90090
Prelimina Desi n & Gonstructabili Review Phase: ~ Zl 500
• Work with City's Design Consultant to help coordinate necessary soils investigation and
testing from geotechnical consultant for needed soils investigation, borings and
laboratory testing.
• Help coordinate and set up design parameters of the project with operating department
and act as a liaison between Design Consultant and Operating Department and act as
City's Engineering Department representative as Project Coordinator.
• Review and comment on Preliminary Engineering Letter Report and work with City's
Design Consultants to obtain opinion of probable cost to ensure that the project stays
within budget on behalf of City's Engineering Services department representative.
• Attend necessary design workshops with Design Consultants and Operating Department
and participate in discussion during workshops, assist getting clarifications, 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 Consultants and Operating Department assisting in coordination with
governmental agencies such as Port of Corpus Christi, Texas Commission on
Environmental Quality, Texas Department of Licensing and Regulation, U.S. Army Corps
of Engineers etc. and any other governmental authority having jurisdiction to approve
design of the project and permitting.
• Work with City's Operating Department and Design Consultants to produce a cohesive,
well-defined proposed scope of design, probable cost estimates and design alternatives.
• Work with City's Engineering Services staff and Operating Department to coordinate
providing 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 with public relations matters such as
community involvement and neighborhood input and help make presentation whenever
necessary to community groups and City Council.
AMD. N0. ~
EXHIBIT "A"
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H:IHOMELRachellelG~NlBand 20081Gavind NadkarnilAmd. No.1lExhibit A.doc
Desi n Phase: 95 000
• vvork with City's Design Consultant to implement Preliminary Engineering Letter Report
recommendations to get proper design drawings, constructian sequencing, and
connections to existing facilities.
• Work with City's Operating Department to ensure that Design Consultant is providing
necessary information regarding construction document preparation and information for
various Bond 2008 projects.
• Review the interim documents at 60°/~ and pre-final submittal and provide comments
back to Design Consultant in a timely manner so project schedule is kept as intended.
• Attend all necessary meetings and assist on QA ~ QC of project execution plans during
design phase of the project.
• Provide Design Consultant with City's standard detail sheets, standards and special
provisions and terms required for bid documents.
Biddin Phase: Z5 000
• Uvork with Design Consultant to help perform a bidder's pre-qualifying evaluation and
develop a bidders listing and encourage them to get on bidders list.
• 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 necessary information in a timely manner.
• vVork with Design Consultant to ensure that bidders have sufficient time to submit their
bid. Provide additional time to bidders if necessary so bidders get a proper amount of
time to prepare bids for the City.
• Assist City's Engineering Department and Design Consultant in reviewing and evaluating
contractor's proposal and provide the recommendation in selection of contractor to City
Council for approval.
Original Contract
TOTAL FEE: Original Contract
Amendment No.1: Final Design Services
TOTAL FEE: Amendment No. ~
TQTAL RESTATED FEE
$48,750.00
$48,150.00
$247, 500.00
$241, 500.00
$Z9fi,Z50.00
AMD. NO.1
EXHIBIT ~`A"
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H:IHQMEIRachellelGENlBand ~0061Govind NadkamilAmd. No,1lExhibit A.doc
EXHIBIT B
MANDATORY INSURANCE REQUIRMENTS
(Revised September 2001)
I. CONSULTANT LIABILITY INSURANCE
A, The Consultant shall not commence work under this Agreement until helshe 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
34-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
S. Independent Consultants
9. Personallnjury
AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT
OR RENTED
WORKERS' COMPENSATION WHICH COMPLIES WITH THE TEXAS WORKERS=
COMPENSATION ACT AND PARAGRAPH ll OF
THIS EXHIBIT
EMPLOYERS' LIABILITY
$100,000
EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT
PROFESSIONAL POLLUTION LIABILITYI $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
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 interest parties.
EXHIBIT "B"
Insurance Requirements
Pa e 1 of ~
Il. HaLD 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 #o 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, !f such coverage is obtained
through a licensed insurance company, then the contract far caverage 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 ~~0} calendar days after the date the
Gity requests that the Consultant sign the contract documents, the Consultant shall provide the City with a
copy of its certificate of authority to self-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' Campensation
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. ~. Box 9217, Corpus Christi, Texas 18469 -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.
lll. 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 ACflRD 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
ACRD form, then endorsements shall be submitted.
• The name of the project also needs to be listed under "description of operations".
• At least 1o-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
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~~ ' ~ ~ Ci of
Cp~us CITY OF CARPUS CHRISTI
,= C~1~15t1 DISCLOSURE GF 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
"NlA".
FIRM NAME: Govind Development, LLC
STREET: P.G. Box 211127 CITY: Cor us Christi TX ZIP: 78421-1127
FIRM is: 1. Corporation 2. Partnership 3. Sole Owner__X_ 4. Association
5.Other
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet,
~. 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 cif known?
NIA
2. State the names of each official of the City of Corpus Chris#i having an ownership interest constituting 3°/°
ar more of the ownership in the above named firm.
Name Title
N1A
3. State the names of each board member of the Gity of Corpus Christi having an ownership interest
constituting 3°/° or more of the ownership in the above named firm.
Name Board, Commission or Committee
_Planninq & 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
NIA
CERTIFICATE
certify that al! 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: ~ ~ 1' ]£r--~
Ype or /1 ~ - -
Signature of Certifying Person:/ %1li~-i~--~.V 1 ~~dlQ~w~P,L~ate:
~-~
EXHIBIT "C"
Pa e 1 of 2
DEFINITIQNS
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 or deal with a product or service, including but not limited to, entities operated in the form
of sole proprietorship, as self-emplo ed person, partnershi ,corporation, ~oint stock company, joint venture,
receiver hi or trust and enti ies whit for r oses of tax ion are treate~ as non- rofit or anizations.
s p t pup a, p g
d. Official. The Mayor, members of the CityCouncil, Cit Manager Deput City Manager, AssistantCityManagers,
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 a ent, 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.
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"
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