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HomeMy WebLinkAboutC2009-526 - 11/25/2009 - NAAMENDMENT NO. 10 TO CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "CITY", and URBAN ENGINEERING, hereinafter called "Consultant," agree to the following amendment to the Contract for Professional Services for Downtown Drainage Improvements (Project No. 20361. as authorized and administratively amended bv: Ori final Contract 2036 Au ust 28, 2003 Administrative A royal $24,892.00 Amendment No. 1 2036 Se tember 23, 2003 Motion No. M2003-348 $732,010.00 Amendment No. 2 2225 & 2226 Februa 10, 2004 Motion No. M2004-043 $374,813.00 Amendment No. 3 2242 Aril 12, 2005 Administrative A royal $24,536.00 Amendment No. 4 2036 December 19, 2005 Administrative A royal $24,184.00 Amendment No. 5 2036 Ma 11, 2006 Administrative A royal $23,921.00 Amendment No. 6 2242 December 18, 2006 Administrative A royal $23,408.00 Amendment No. 7 2225 Janua 5, 2007 Administrative A royal $6,575.00 Amendrrient No. 8 2242 Januar 12, 2007 Administrative A royal $24,912.00 Amendment No. 9 2242 Se tember 20, 2009 Administrative A royal $35,678.00 ^ Exhibit "A" of the original contract and Exhibit "A" of Amendment No. 1 under SCOPE OF SERVICES shall be modified as shown in the attached Exhibit "A" by adding the following for Downtown Drainage Improvements. Phase 1, Project B- Kinney Street Pump Station (Project No. 2242): RE-ALIGNMENT OF FEES AS FOLLOWS: • ADDITIONAL CONSTRUCTION ADMINISTRATION SERVICES DUE TO THE CONTRACTOR GREATLY EXCEEDING THE COMPLETION TIME FOR THE KINNEY STREET PUMP STATION PROJECT. • DELETION OF ADDITIONAL SERVICES, ITEM N0.4 ENVIRONMENTAL ISSUES AND ITEM N0.5 LINE LOCATE SERVICES. ^, ^ Exhibit "A" of Amendment No. 1, Section 3. FEES shall be dified to a an additional fee of $0.00 to the contract for a total restated fee of $1,294,929.00, as shown in the attache Exhibit "B" mmary of Fees. All other terms and conditions of the August 28, 2003 contract and mendments etwe n the City and Consultant will remain in full force and effect. /~ CITY OF CORPUS CHRISTI ~'~ll'~cc~-- !~-2.~' ~9 Oscar Martinea Date Assistant City Manager RECOMMEN ED ~i i~ 09 Pete Anaya, P.E., Date Director of Engineering Services EN 2725 Sw~ Corpus C (361) 854 (361) 854 NOV 0 91009 ENTERED ATTES Armando Chapa, City Secr tary APP~20VEC3iAS TO FORM ' 2009-526 11/25/09 .E" Drive TX 78404 I Office I Fax CONTRACT MANAGERS Project Number: 2242 Funding Source: 550950-4525-00000-160053 Encumbrance Number: ~cZO Lc AMD. NO. 10 Pa e 1 of 1 Urban Englneering INAGEVIMENDMENT NO. 1011 AMENDMENT N0. 10.doc 1.1 RBAN ENGINEERING Job No. 37889.A4.00 October 30, 2009 Mr. Pete Anaya, P.E. Director of Engineering Services City of Corpus Christi P. O. Box 9277 Corpus Christi, Texas 78469 Subject: Downtown Drainage Improvements Ph 1 Project B -Kinney St. Pump Station City Project No. 2242 _--. n~~-- ~~ • [, Dear Pete: It appears we are getting close to resolving issues with the Contractor and closing out the Kinney St. Pump Station project. This project is well past the original completion time, Contract Time expired on March 2007. Original Contract Time was 356 Calendar Days (12 Months). The Work Order was issued November 14, 2005 and construction should have been completed by November, 2006. Additional time of 111 days has been added by change order, mainly for the engine replacement work at the Power St. Pump Station. To#al approved contract time amounts to 467 Days. A final punch list was developed by us on January 14, 2008. We have exceeded our original and amended engineering fee as a result of having to deal with the Contractor through 2008 and 2009. We have written numerous letters and emails, attended numerous meetings, and made numerous site visits to check on punch list completion status during this time period. We have looked at actual cost for the additional time due to the overrun and a cost breakdown is provided on the attached table. We request that our present AE contract be amended to allow us to invoice for the $4,440. This amount can be covered by a $0 amendment due to unspent and un-invoiced funds remaining in the contract, as shown on the attached table. It is proposed that the following items be used to amend our present contract: Amendment No. 1 -Additional Services $3,319.78 Amendment No. 2 -Additional Services $1,120.22 (leaves $697.78) Please review and let me know should you have any questions or comments. If acceptable, please prepare a $0 amendment for signatures. Sincerely, URBAN ENGINEERING ~~ V~ Mark Maroney, P.E. MM Enclosure xc: Jerry Shoemaker, P.E. - Engr Services w/encl. via email (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 FAX (361)854-6001 www.urbaneng.com AMEND. NO. 10 EXHIBIT "A" Pa e1 of3 m N U W O a w a a Z W W O a _~ W Q Za_ DC O z 0 z O O z O a F N a a } W Z Z Y 0 0 o m ~° ~ ~ m ° ~' U ~ o ~ e ~ O fA ~3 tR N ~ Z a Q U ~ O O ~ Q ~ O N Z ~ O ~ ~ ~ ~ 0 ~ ~ U H ~ W O O O O (n Q ~ N ~ U Z ~ ~ O O O ~ d0' H ~ ~ ~ ~ w o ~ v a ~' = ~ o o ~r ~r O W ~ O ~ ~ ~ N Z J a w O _ N W ~ ~ ~ N N OC ~ ~ - ~ Q ~ o = Z ~ = •~ E ~ .~ ~ a~ p u~ vi Q N U = ~ O U O i U '~ ~ a ~ a`~ ~ J H ~ V a o ui a O ~ ~ o U ~ ~ ~ o ~ - a Z ~ i ~ ~ ~ V c a i J ° a~i o Q c ~ a~ Z O ~ o ~ ~ - E _ ~ U c~ U O ~ ~ N M Q rn 0 0 N 0 v 0 AMEND. NO. 10 EXHIBIT "A" Pa e2of3 DOWNTOWN DRAINAGE IMPROVEMENTS PHASE 1 and II JOB BILLING TO DATE SUMMARY OCTOBER 30, 2009 Contract Summary of Fees Contract {Hydr Design) Construction Inspection Amendment No. 1 Basic Services Additional Services Amendment No. 2 Basic Services Additional Services Amendment No. 3-Ph 1-B Amendment No. 4-Ph 1-A Amendment No. 5-Ph 1 A Amendment No. 6-Ph 1-B Amendment No. 7-Ph II Amendment No. 8-Pump #3 Amendment No. 9-Add'I. work Total of Fees Total °~6 Contract Amendments Invoiced Compl. $24,892.00 $24 892.00 100% $295,600.00 $295,600.00 100% $689,000.00 $689,000.00 100% $43,010.00 $39,690.22 92% $363,110.00 $363,110.00 100% $11,703.00 $9,885.00 84% $24 536.00 $24,536.00 100% $24,184.00 $22,732.96 94% $23,921.00 $23,921.00 100% $23,408.00 $23,408.00 100% $6,575.00 $6,575.00 100% $24,912.00 $24,912.00 100% $35,678.00 $35,678.00 100% $24,892.00 $1,56 ,637.00 1,583,940.18 66% Funds Unspent $0.00 $0.00 $0.00 $3,319.78 $0.00 $0.00 $1,818.00 $0.00 $1,451.04 $0.00 $0.00 $0.00 $0.00 $0.00 $6,588.82 S:~Projedsl36000up136688W400Uob Billing Summary 10-30-09 void.xls AMEND. NO. 10 EXHIBIT "A" Pa e3of3 z W W O OL O. g W a Z 3 O _N 4D N l' 7 N N e ~ N N O G N Z Z Z u u ar o ~ P ~ o d P~~ O. d ~ J Z Z 9 ~ O ,~ h M ~ a`d E E;~- Eao 0 a ..b ~O1 i'N C ~ ~ ; C V F1 m Y c ~ Z m m a • a, u V`) a ~ o m ` ~ d :a ~ a=¢ m m ~. m raq a ,t a O O O O O O O O O D N O O O O O O O O O O O O O h N 0 0 O O O O J N O f") r Ln N O O O N O O C f0 10 R O~ F O D N ~ ~ N N ~pp ~ Ol O)N ~ N TP') Ol f _ 0 00 f0 O N ~ N ~ ~ 0 a0 OD O 0D ~ N C N f0 O N OD a OO F N W 10 N N N ~ O O O O O 0 0 O N r O O G O Q~ W G O ~ ~ G o C N Oj G C O O ~ 0~pp Z t V r M 0 ~ ~ ~ M O Z ~ O1 ... O O O O O O O O O O O O O O O O O O O O ~ O O ~ O G O O O O O C O O Z N , O ~ lh N Z t "' 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $ o 0 $ o 0 o g 0 g eo ~ 0 ~ 10 N G G G G G G O O O C ~ O Z N K N ~ !O fOV OI OI ~ W N H Z W N Q "" 0 0 0 0 0 O O O O O O O O O O O A~ 0 0 0 0 O O O O O O O O O O O N pp 1~ 0 0 n O 00 O O O O O O O p O A N y r r r Of O t0 M f Z N N9 ~ O ~pp ~ Y9 Q ? 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 o 00 e 0 e,_ N o o'i o o ri o 0 0 0 00 0 0 Z N f 9 v 49 49 ~ ~~ g N 0 0 m m N ~ N Z Q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O y~ ~ 0 o ~ 0 ~ 0 ~ 0 ao 0 N O 0 O 0 O 0 0 0 0 0 00 0 0 O 0 O O 00 N z ~i m m N N O 4 9 C) N Nl N Z < '- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O ~,~ O ~ 0 0 0 O O O 0 0 0 0 O o 0 0 C o ~ ~ o~ o~ ~ d 0 0 0 0 0 0 0 0 0 Z r .- N g Z N N N a v 0 0 0 0 0 0 0 0 0 0 O 0 O 0 O 0 O 0 O 0 O O 00 O 0 O O 00 O 0 p p 9 409 p p (A OM O W 609 W p p f19 o o f W p 0 0~ /i O Z N 4 IM N H N Z N N <- o O ~ O a ~ ~ o ~ m 0 m ~ m 0 °o °oo 0 o m m ~ o ~ ~ ~ ~ 0 0 0 0 N ~ W ~ N M M lh N Q 4 9 N Z Z °~ n 0 ° 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 00 ' 0~ ~ p 0 O M O O O 0 O N x 0 0 0 00 M I Q H f A 0 0 0 00 0 M N '- N 0 0 O t~ O' Z O M 0 N n N l'J N N N ~ O 0 O 0 O 0 O 0 O 0 O O O O O O 0 0 0 0 0 0 0 O 0 O O O 0 e O ~ 0 0 0 0 0 0 0 0 0 0 0 0 p O e 0q 0 N 0 0 0 0 O O V ~ M O) O O NO N D O r O Z N O CO 7 ~ a M W W O N N M O Z ~ ( O 0 ~ N Q ..r O O O O O 0 O O O O O O O O O O O O O O O O v 0 0 0 0 O 0 O 0 O 0 O 0 0 0 0 00 < n Q ~ O O O ~ p Z N O W O N ~ w O O Z U m ° > O (n > N >. m 0 h 0 u 01 ~ V ' W ~ w W U q d y c rn Z W r d ~ > ~ y O ~ w~ o t~ d ~ Z 'y W A N Z m m H m- N ~ ~ ° a' G o U t ° N N a~ m ~ u$ O J i W ~~ .y ~ ~ m Z E ?i a j > ~ m a W ~ W Q ~ a o 'm ci o ~ a ~ ~a w ~ in c~ 3 > o Q ~ N ('~ O j ^ ~' N M O N fD i~ W 01 ~ ~ ~'~ m ~ a ~ .~ h W W O Y 7 v) A G O 4 N Q O C O E Q b f~ G (~ n ~ C_ o E Q O O f~ G O L3 O Q C o E Q d 'o m c O L1 m Q E Q 0 0 0 g ° c o F ~ n o n Ol Q c E Q N G a° ~ c o E a ao M O _N O Q) N O AMEND. NO. 10 EXHIBIT "B" Pa e1 of1 / .. __ ~~ SUPPLIER NUMBER TO BE ASSIGNED BY rI' PURCHASING DIVISION wv City or CITY OF CORPUS CHRISTI corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended, reduires all persons or firms seeking to do business with the City to provide the following informatlon. Every question must be answered. If the question is not applicable, answer with "NA". See next page for Filing Requirements, Certifications and definitions. COMPANY NAME: Urban Engineering P. O. BOX: STREET ADDRESS: 2725 Swantner Drive CITY: Corpus Christi ZIP: 78404 FIRM IS: 1. Corporation 2. Partnership X 3. Sole Owner ^ 4. Association ^ 5. Other ^ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this pa e 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 EXHIBIT "C" Pa e 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 informat have not knowingly withh~ statements will be promptly Certifying Person: (Type or is true and correct as of the date of this statement, that I of any information requested; and that supplemental the City of Corpus Christi, Texas as changes occur. Urban, P~ E. ~ _ Title: Authorized Representative Signature of Certifying ~ ~ ~ 11 I (~~ .1D~te: ~ ~ ~ t i~V O Person:' n y Y /I N~(I .,-~- DEF1~I'~ONS a. "Board member." A member of any b ard, 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 "C" Pa e 2 of 2