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HomeMy WebLinkAboutC2009-463 - 11/10/2009 - ApprovedAMENDMENT N0.3 TO CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "CITY", and CAROLLO ENGINEERS, P.C., hereinafter called "Engineer," agree to the following amendment to the Contract for Professional Services for New Broadway Wastewater Treatment Plant (Proiect No 7293) as authorized and administratively amended by: Ori final Contract December 1, 2006 Administrative A royal $24,915.00 Amendment No. 1 Februa 12, 2008 Motion No. 2008-033 $7,306,047.00 Amendment No. 2 Se tember 18, 2009 Administrative A royal $34,801.00 The contract is amendment by the addition of Exhibit A-3 to include the additional services and fee schedules as shown in the attached Exhibit A-3. Section 3. FEES are amended to authorize an additional Fee for Amendment No. 3 services in the amount of $855,669.00 for a revised restated total fee not to exceed $8,221,462.00. All other terms and conditions of the December 1, 2006 contract and amendments between the City and Engineer will remain in full force and effect. CITY OF CORPUS CHRISTI L~=l ~~ l~' 22 ~r Oscar Martinez Date Assistant City Manager CAROLLO ENGINEERS, P.C. t~ vY ~~ n C. Cutrigh P.E. Dat Partner 14785 Preston Road, Suite 950 Dallas, TX 252 /~ 972-239- 49 Office;~72 x!39=x'17 Fax RECOMMENDED ~E:-- / ~~ Pete Anaya, P.E. Date Director of Engineering Services ~ d ~'~ yburn .E. 'rest n Road, Suite 950 TX 5252 ~-9 49 Office; 972-239-9117 Fax ATTEST --_._. Armando Chapa, City Secretary APPROVED AS TO FORM Assistant City orney Date Project Number: 7293 CIP No. WW 04 Funding Source: 550950-4502-00000-190130 Encumbrance Number: Approved as to Legal form: '~ ~ ~~~ s Veronica Ocanas Assistant City Attorney ~~ AUTNORI~E~ SY COUNCIL..~~.~.~o~ .~.~~. SECRETARY ,~' 2009-463 M2009-314 11/10/09 9s\Temporary Internet Files\Content.IE5\SFIAZJF1wtJ1md3[1].doc AMD. N0.3 Pa e1 ofi Carollo Engineers Exhibit A-3 The scope of services is amended to authorize additional Construction Phase Services and Construction Observation Services as follows: BASIC SERVICES Section 4, Construction Phase is amended to authorize an additional six months of Construction Phase Services. Construction contract documents allow the contractor 1,100 calendar days to complete the project or approximately 36 months. ADDITIONAL SERVICES Section 5, Construction Observation is amended to authorize up to six-months of additional Construction Observation Services, and increasing the anticipated work week from 40 to 44 hours per week for all personnel with the exception of the project administrative assistant which will remain 20 hours per week. Invoices for Construction Observation services will be based on the actual services provided, and time actually incurred by the Engineer's personnel. The City will be invoiced by the Engineer for hours in excess of 40 hours only when the hours are incurred. The Engineer agrees not to incur overtime and shall not invoice the City for overtime for Construction Observation Services. The City agrees to assign an individual employed or hired by the City to assist with Construction Observation Services on a full time basis, at City's own expense. Section 19, Web-based Electronic Media Site is added to the contract to engage asub- consultant to facilitate the electronic exchange of information and provide overall management of Contract Documentation. The site will be designed to serve as a project website for authorized City personnel can view project information including, but not limited to project schedules, meeting agendas and minutes, progress reports, and progress photographs. Additional Service Fee Allowances require authorization in writing by the City Engineer prior to expenditure, and must be billed on the basis of actual services provided by the Engineer. This Amendment #3 makes the following changes to the Agreement: 1. Exhibit "A" to Amendment No. 1, Subsection "b" of Section 5, Construction Observation Services (page 9 of 15) is revised as shown: "b. The duties and responsibilities of the PR are described as follows: General: PR will act as directed by and under the supervision of the Engineer, and will confer with Engineer regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with Engineer and Contractor, keeping the CITY advised as necessary. The parties agree that the Project Construction Observer must be licensed Professional Engineer, and that all Services provided by the Project Construction Observer must be provided by a licensed Professional Engineer." 2. The Agreement is amended by adding the following previously agreed upon hourly rate for the Project Representative. ~~ / ~ ~1 ~~ f ~~ / j~~j/~j Exhibit A-3 M~ // Pa e 1 of 3 Hourly Rates for Construction Observation personnel Title Classification Hourl Rate Pro~ect Re resentative Resident En ineer $150.00 3. To the above list of hourly rates, the Agreement is amended by adding the following hourly rates for certain Construction Observation personnel, which are being changed from the previously agreed upon rates as shown: Additional Amendment Amendment Amendment Total Services: No.1 No.2 No.3 Contract Construction $A Observation Services $2,195,010 $673,072 $2,868,082 4 Exhibit "D" to Amendment No 2) is revised as shown: Line item 5, Construction Observation Services (page 1 of Hourly Rates Title Classification Hourl Rate Project Construction Observer Assistant Resident Engineer, P.E. $138.00 $~-9A Project Inspector Structural Inspector $98.00 $~-AA Administrative Assistant Part Time Administrative Assistant $65.00 $~9A FEES C. Summa of Fees Ori final Contract $24,915 Amendment No.1 A. Fee for Basic Services 1. Preliminary Phase $751,548 2. Design Phase $2,261,105 3. Bid Phase $7g,g80 4. Construction Phase $662,984 Subtotal Basic Services Fees $3,755,617 ~~~/~~ Exhibit A-3 Pa e2of3 ~~,~t, (''~ r"' CUI'B B. Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) a. Railroads b. TXDOT c. Wetlands Delineation and Permit d. Temporary Discharge Permit e. TPDES/NPDES Permit/Amendments f. TCEQ Permits/Amendments g. Nueces County h. Texas Historical Commission i. U.S. Fish and Wildlife Service j. U.S. Army Corps of Engineers k. U.S. Environmental Protection Agency I. Texas Department of License and Regulation m. FEMA LOMR, LOMC, etc. n. Pay permit and application fees for applicable permits. Total Permitting (Allowance) ,860 2. ROW Ac uisition Surve (Allowance) $50,000 3. Topographic Survey (Allowance) $30,000 4. Environmental Issues (Allowance) $0 5. Construction Observation Services $2,195,010 6. Start-up Services $99,560 7. Warranty Phase $62,120 8. Provide SCADA Documentation (TBN) $p 9. Public Involvement/Public Information $75,000 10. TCEQ-Required O&M Manual $99,000 11. Training $89,180 12.Stormwater Pollution Prevention Plan $10,600 13. Factory Witness Testing $10,000 14. Coordination with City Peer Review Team (Allowance) $30,000 15. Value Engineering Response (Allowance) $70,880 16. TCEQ-Required Data Collection (Allowance) $15,000 17. TCEQ Hearing (Allowance) $10,240 18. Special Treatment Facilities Design Services $642,980 Sub-Total Additional Services Fees Authorized $3,550,430 Amendment No. 1: Total Authorized Fee $7,306,047 Amendment No. 2 A. 19. Resaca Pum Station Electrical Tie in 34,801 Amendment No. 3 A. 4. Construction Phase Services 132,597 B. 5. Construction Observation 673,072 B. 19. Web-based Electronic Media Site (Allowance) $50,000 Amendment No. 3: Total Fee (Authorized + Allowance) $855,669 Total Authorized Fee $8,221,462 i r~v/~~' ,~~9 (~~~ Exhibit A-3 ~`~ Pa e3of3 ~' SUPPLIER NUMBER TO BE ASSIGNED BY CTI'Y C PURCHASING DIVISION v-~v Ciry of CITY OF CORPUS CHRISTI ~; DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following informatton. Every question must be answered. If the question is not a~~ Icable, answer with `NA". See reverse side for Filing Requirements, Certifications and defimttons. COMPANY NAME: Carollo Engineers, P.C. P. O. BOX: STREET ADDRESS: 14785 Preston Rd., Suite 950 CITY: Dallas, TX ZIP: 75254- FIRM IS: 1. Corporation ® 2. Partnership ^ 3. Sole Owner ^ 4. Association 5. Other DISCLOSURE QUESTIONS ff additional space is necessary, please use the reverse side of this pa a 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 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 m 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: John C. Outright Title: Partner Signature of Certifyin; Date: 11-04-2009 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. "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.