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Home My WebLink AboutC2009-457 - 11/17/2009 - ApprovedAMENDMENT NO. 1 to SMALL A/E AGREEMENT for Architect/Engineer Consultant Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home-rule municipal corporation, "CITY", acting through its duly authorized City Manager or designee ("City Engineer"), and URS CORPORATION, a Texas corporation, acting through its duly authorized representative who is Michael H. McCloskev. P.E., Vice President (CONSULTANT), which agree as follows: 1. DECLARATIONS. "CITY" desires to engage "CONSULTANT" to provide services in connection with City's project, described as follows: Billing's Bait Stand and Clem's Marina Boat Ramp Rehabilitation (Project No. 5243) "Project". 2. SCOPE OF WORK. "CONSULTANT" shall provide services for the PROJECT in accordance with the accompanying Letter, Scope of Services, and Fee attached as "Exhibit A". 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 total fee not to exceed $151,365.00 (in figures), (One Hundred Fifty One Thousand Three Hundred Sixty Five Dollars and Zero Cents) (in words), for a total restated fee not to exceed $181,286.00 (in figures), (One Hundred Eighty One Thousand Two Hundred Eighty Six Dollars and Zero Cents) (in words). 4. INDEMNIFICATION AND HOLD HARMLESS. The "CONSULTANT" agrees to indemnify, save harmless and defend the "CITY", and it's agents, servants, and employees as more fully set forth in "Exhibit C". CITY OF CORPUS CHRISTI Oscar Martinez, (Date) Assistant City Manager APPROVE S T FORM: // ~ ~~ o y Pete Anaya, P. E., (Date) Dire or of Engineering Services Legal Departure t (Date) ~~ 1~ 1 Operating epartment (Da e) Project Number: 5243 Funding Source: Encumbrance Number: U S CORPORATION, ~.(~ L~c~,,~ 11/11/09 Michael H. McCloskey, P. E., (Date) Vice President 711 North Carancahua, Suite 1620 Corpus Christi, TX 78475 (361)884-7140 Offic (361) 888-416 F ~~ e ~'/ ~ O eff Edmonds, P. E. ( ate) 711 North Carancahua, Suite 1620 Corpus Christi, TX 78475 .~~~~~ AUTNORILEU (361) 884-7140 Office (361) 888-4169 Fax 8Y COUiYCiI „ ~ (~ ~~~ ....... ENTERED s~ci~l~~, ~~ Nov o s zoos v ~ 2009-457 M2009-329 11/17/09 mp\notes49546AWMENDMENT N0.1.doc CONTRACT MANAGERS URS Corporation uss November 5, 2009 Mr. Jerry Shoemaker City of Corpus Christi Engineering Services P.O. Box 9277 Corpus Christi, Texas 78401 Re: Billing's Bait Stand and Clem's Marina Boat Ramp Rehabilitation Design Proposal for Balance of Design Effort Dear Mr. Shoemaker: Pursuant to your recent request, URS Corporation (URS) is pleased to submit this proposal to provide professional services as described below. Outlined below are URS's Scope of Services and Estimated Fees, based on our previous conversations regarding the services. Background The City of Corpus Christi has applied for and received one Texas Parks and Wildlife Department (TPWD) grant for rehabilitation of the public boat ramp adjacent to Billing's Bait Stand. The City is also planning to submit an application for a second TPWD grant to rehabilitate the public boat ramp adjacent to Clem's Marina. Some of the requirements of the TPWD grants are improvements to a minimum of 20 truck/trailer parking spaces for each ramp and ADA accessibility improvements to the ramps and courtesy docks. URS provided conceptual design and cost estimating support for the first TPWD grant application. The City has selected URS to assist with the second grant application and design the improvements associated with both grants as a single construction contract. In addition the scope is being increased to add additional parking due to the likelihood of receiving additional grant funding from TPWD. The following sketch illustrates the improvements that will be designed under this scope of work. ~' z,~ ~ ~,, ~ ' h.~ ~. r. ~~ 1 ""~'w. ~.. ~.~ ~.,,~ .~ .. n w ~L ' ~: ~~.. ~ ~~ ~'ti .Y r>r ~.,, ~ ti, .-.~._ ~~~ .. " tr ~~a ~:, 0 C 1C0 A :tiel ti 33J R ,O~!1 AMEND. NO. 1 EXHIBIT "A" Pa e 1 of 3 vRs A preliminary authorization was made under a small A/E contract to support a second grant application and expedite project execution. That $29,921.00 authorization was given on 10-9-2009. The supplemental authorization will cover the balance of the work required to produce construction documents and obtain permits for the construction. Budget is also included for procurement phase support and limited support during construction. The construction phase support is anticipated to include responding to RFI's, submittal review and at least two site visits during construction. It is understood that the target construction funds are approximately $2,000,000 to be derived from the TPWD State Boating Access Program grants. Scope of Services This scope of work shall consist of the following elements: • Preliminary site visit • Research applicable standards & requirements • Attend stakeholder/scoping meetings • Develop gap analysis memo • Preliminary contact USACE, TXGLO • Determine environmental constraints • Determine stakeholder/fiscal constraints • Complete detailed land survey • Develop basis of design memorandum • Prepare 35% design documents • Prepare 95% design documents incorporating review comments • Prepare 100% design documents incorporating review comments • Provide USACE permitting support • Provide local site plan permitting support • Provide bid phase support • Provide construction phase support including 6 months of 50% construction observation Schedule: Deliverable/Milestone Due date Prepare support documents for 2° TPWD Boatin Access Grant. To begin immediately with completion by the end of October, 2009. Draft Basis of Design Memorandum November 20, 2009 City signed contract for Amendment 1 November 27, 2009 Final Basis of Desi n Memorandum December 18, 2009 35% Design Documents December 18, 2009 95% Design Documents January 30, 2010 100% Design Documents February 20, 2010 Deliverables Supporting Documents for Grant Application Basis of Design Memorandum 35% Design Documents 95% Design Documents 100% Design Documents AMEND. NO. 1 EXHIBIT "A" Page 2 of 3 vRs Estimated Fees: A. Qualifications of Fees for A/E services include: • The necessary conferences calls for the preparation and execution of all phases are included herein. URS has included the cost of two stakeholder/scoping meetings. B. City of Corpus Christi Shall Supply or Reimburse the Following: • All available base and/or site maps from City Engineering files; • A pavement design and boring for sheet pile design or a geotechnical recommendation for sheet pile depths; and • Existing city utility layouts (water, wastewater, gas and drainage). C. Summary of A/E Fees The following table summarizes the project fees. The previously funded amount covered the preliminary phases of work. All amounts are considered fixed price for that line item. Construction observation is based on 50% coverage for a six month construction period. That amount will be prorated up or down based on the actual duration construction observation activities. Original Contract Amend. Na 1 Total BASIC SERVICES 1 Preliminar Phase $29,921.00 $0.00 $29,921.00 2 Desi n Phase 0.00 53,674.00 53,674.00 3 Bid Phase 0.00 5,310.00 5,310.00 4 Construction Phase 0.00 14,435.00 14,435.00 Subtotal Basic Services 29,921.00 73,419.00 103,340.00 ADDITIONAL SERVICES. 1 Permittin 0.00 9,927.00 9,927.00 2 Site Surve 0.00 19,519.00 19,519.00 3 Construction Observation 0.00 42,500.00 42,500.00 4 Warrant /As-Builts 0.00 2,500.00 2,500.00 5 Meetings with City, GLO, TXDOT, TPWD, CBBEP 0.00 3,500.00 3,500.00 Subtotal Additional Services 0.00 77,946.00 77,946.00 TOTAL FEE $29,921.00 $151,365.00 $181,286.00 Should you wish to discuss this matter further, please do not hesitate to contact me at 361-884-7140. Sincerely, Jeff Edmonds, P.E. Branch Manager URS Corporation AMEND. NO. 1 EXHIBIT "A" Page 3 of 3 Billing's Bait Stand and Clem's Marina Boat Ramp Rehabilitation Project No. 5243 SUMMARY OF FEES Original Contract Amend. No. 1 Total BASIC SERVICES 1 Preliminary Phase $29,921.00 $0.00 $29,921.00 2 Design Phase 0.00 53,674.00 53,674.00 3 Bid Phase 0.00 5,310.00 5,310.00 4 Construction Phase 0.00 14,435.00 14,435.00 Subtotal Basic Services 29,921.00 73,419.00 103,340.00 ADDITIONAL SERVICES 1 Permitting 0.00 9,927.00 9,927.00 2 Site Survey 0.00 19,519.00 19,519.00 3 Construction Observation 0.00 42,500.00 42,500.00 4 Warranty/As-Builts 0.00 2,500.00 2,500.00 5 Meetings with City, GLO, TXDOT, TPWD, CBBEP 0.00 3,500.00 3,500.00 Subtotal Additional Services 0.00 77,946.00 77,946.00 TOTAL FEE $29,921.00 $151,365.00 $181,286.00 AMEND. NO. 1 EXHIBIT "B" Pa e1 of1 EXHIBIT C MANDATORY INSURANCE REQUIRMENTS (Revised September 2001) 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 WORKERS' COMPENSATION WHICH COMPLIES WITH THE TEXAS WORKERS= 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 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. EXHIBIT "C" Insurance Requirements Page 1 of 2 H:\HOME\VelmaP\GEN\FORMS\NEWFORMS\MANDATORY REO INDEMNITY URS CORP\LARGE EXHIBIT 8-URS.doc INDEMNIFICATION AND HOLD HARMLESS A. To the extent permitted by law, Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its officers, 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 reasonable 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, to the extent caused by Consultant's negligent performance of services covered by this contract. The foregoing indemnity shall apply except to the extent such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its officers, 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 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' 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. 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 and employers' liability. • 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 "C" Insurance Requirements Page 2 of 2 H:\HOME\VelmaP\GEN\FORMS\NEWFORMS\MANDATORY REO INDEMNITY URS CORP\LARGE EXHIBIT B-URS.doc ___„ \ SUPPLIER NUMBER TO BE ASSIGNED BYZ T~ PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Carpus DISCLOSURE OF INTEREST Christi 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 "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: URS Corporation P. O. BOX: ZIP: 78475 STREET ADDRESS: 711 N. Carancahua, Suite 1620 CITY: Corpus Christi 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 Chnsti 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 EXHIBIT "D" Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION 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: Michael H. McCloskey, P. E. Title: Vice President (Type or Print) Signature of Certifying ~ Date: Person: DEFINITIONS 11/11/05 a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "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. d. "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-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. e. "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. f. "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 holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "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 "D" Pa e2of2