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HomeMy WebLinkAboutC2011-119 - 4/12/2011 - ApprovedAMENDMENT NO. 2 TO CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "City" and JOHN R. WRIGHT. ARCHITECT hereinafter called "Consultant" agree to the following amendment to the Contract for Professional Services for Extend Promenade Northward on Corpus Christi (North) Beach (BOND ISSUE 2008) (Proiect No. 3393) as authorized and amended by: Original Small A/E May 10, 2010 Administrative Approval $48,300.00 Amendment No. 1 August 4, 2010 Administrative Approval $1,500.00 In the original contract, the SCOPE OF SERVICES shall be modified to include the following paragraphs: 1. SCOPE OF PROJECT Extend Promenade Northward on Corpus Christi (North) Beach (BOND ISSUE 2008) (Project No. 3393) Amendment No. 2 proposes to provide the necessary architectural services to accommodate the expansion of the project for added shade structures and benches. Additional work includes restructuring the bid documents to include three (3) alternate additive work items. 2. SCOPE OF SERVICES The AIE hereby agrees, at its own 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 ". Work will not begin on Additional Services until requested by the AIE (provide breakdown of costs, schedules), and 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 of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES 2011-119 in work on those authorized Basic Services for this contract upon M2011 -082 Proceed from the Director of Engineering Services. Work will not 04/12/11 any Additional Services until requested in writing by the AIE and Wright Architects AMD. N0.2 Page � of 3 HAHOMMRachelMGENlParks & Recreaticn13393- Exlend Promenade cn CC Beac[Mmd. No. 21Large Amd..docx 11 INDEXED written authorization is provided by the Director of Engineering Services. The anticipated schedule of the 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 may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the A/E to undertake 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. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE Consultant agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B ". 5. FEE The City will pay the Consultant a fee, as described in Exhibit "A ", for providing services authorized, a revised fee not to exceed $7,500.00 (Seven Thousand Five Hundred Dollars and Zero Cents), for a total contract amount not to exceed $57,300.00 (Fifty= Seven Thousand Three Hundred Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "D ". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E 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 A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E 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 A/E staff. If the A/E 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 A/E fee may be assigned in AMD. NO. 2 Page 2of3 HAHOMMachelleV3ENTarks & Recroation13383- Iwxlend Promenade an CC BeacWmd, No. 21Large Amd,.docx advance of receipt by the A/E 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 A/E without the express written consent of the Director of Engineering Services. However, the A/E may use standard details that are not specific to this project. 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. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form attached as Exhibit "C ". CITY OF CORP S CH ��.- Juan Peral s Jr., P.E. Date Assistant City Manager RIG CHITECTS Joh)i R. Wright, AIA Date N. Upper Broadway, Suite 195 Corpus Christi, TX 78401 (361) 774 -7669; (361) 882 -1632 RECOMMENDED V3 3t�1� (wP Anaya, P. E. Date Director of Engineering Services ATTEST r Armando Chapa, City Secretary APPROVED AS TO FORM L J � City Attorney Date Project Number: 3393 Funding Source: 550950 -3000 0- 130498 Encumbrance Number: fiU0 I AUTWRI,ZIh By C vuR CIL„04 { HAH0ME1Racheiie%GEN%Parks & RecreationM%- Extend Promenade on CC Rea&h Arad. No. 21arge Amd..docx AMD. NO. 2 IL Page 3 of q 2 < u February Q, 201 Mr, Billy Delgado 1-jigincerin g Services City ol'Corpus Christi 1201 Leopard Corpus Christi, TX 78401 Re: Request for Additional Pees for FNpmided Scope ol'Work U'Atend Promenadc Northward on COl-j)LJ.S Chl'iSfl (North) Beach Bond Issue 2008 ProJect No. 3393 Dear Mr, Delgado- zg Architects are requesting additional fees for an expanded scope d work for the above referenced pro ect. D 7 This work consists olmodl filCM1011 to eXiS(illg (10CLIMLIA and additional documentation for added shade struclures and henchm Additional work inClUdes I'MI ol'bid documents to include 3 altunatL additive work items. Additional work includes, the fbllowinu: Design and Docurn.ejititt ion of shade Str MC UCtIll �1101]g the Pl'Onade4 Str►CtUral Fnginoering for Added Shade Struclures Seleuion of bench type for 7 locations a iong the Pro. menade. Modification ofPromcnadc to accurnidatc 7 ADA shade StrLIC(ure pads Modification of Landscaping Design and Layout Modification cif Civil I ' �'nyineeringy Design and Layout [dentifyingand Documenting -1 Additive Alternate Bid items. We arC NLIUCStinil, $7-500 additional service fees to cover this added scope ol'work. Sir ( R. Wrigh : J ohn i J t t, AIA EXHIBIT "A" Page 1 of 1 1 EXTEND PROMENADE NORTHWARD ON CORPUS CHRISTI (NORTH) BEACH (Project No. 3393) SUMMARY OF FEES EXHIBIT "A -1' Page 1 of 1 ORIGINAL CONTRACT AMD. NO. 1 AMD. NO. 2 TOTAL BASIC SERVICES 1 lPreliminary Phase $11,200.00 $0.00 $0.00 $11,200.00 2 Design Phase 22,100.00 0.00 7,500.00 29,600.00 3 Bid Phase 800.00 0.00 0.00 800.00 4 Construction Phase 1,400.00 0.00 0.00 1,400.00 Subtotal Basic Services 35,500.00 0.00 7,500.00 43,000.00 ADDITIONAL SERVICES 1 Permit Preparation (TDLR Submittal) 3,500.00 0.00 0.00 3,500.00 2 Topographic Survey (Capnor USA Inc.) 1,350.00 1,500.00 0.00 2,850.00 3 Construction Observation 7,350,00 0.00 0.00 7,350.00 4 1 Warranty Phase 600.00 0.00 0.00 600.00 Subtotal Additional Services 12,800.00 1,500.00 0.00 14,300.00 TOTAL AUTHORIZED FEE 1 $48,300.001 $1,500.00 — $7 — ,500.001 $57,300.00 EXHIBIT "A -1' Page 1 of 1 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR AIE PROFESSIONAL SERVICESICONSULTANT SERVICES (Revised October 2014) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, Bodily Injury & Property Damage non - renewal or material change required Per occurrence - aggregate on all certificates COMMERCIAL GENERAL LIABILITY $1,000,000 COMBINED SINGLE LIMIT including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired — Non -owned vehicles PROFESSIONAL LIABILITY including: $1,000,000 per claim 1$2,000,000 Coverage provided shall cover all aggregate employees, officers, directors and agents (Defense costs not included in face value 1. Errors and Omissions of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured WORKERS' COMPENSATION Which Complies with the Texas Workers Compensation Act EMPLOYERS' LIABILITY 500,0001500,0001500,000 H :IHOMESRachelle%GENIFormsILARGE AEILARGE AE EXHIMT B -OCT 201O.000X EXHIBIT "B" Page 1 of 3 C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 Fax: (361) 826 -4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. H :1HOME5Rachelfo\GENlFormsILARGE AEUARGE AE EXHIBIT S -OCT 201 O.DOCX EXHIBIT "B" Page 2of3 H. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall 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 negligent performance of Consultant's services 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. H :4HOMEIRachellGkGENIForms%LARGE AEILARGE AE EXHIBIT B -OCT 2010,DOCX EXH 73of B" Fa 3 SUPPLIER NUMBER TO BE ASSIGNED BY .= PURCHASING DIVISION City of CITY OF CORPUS CHRISTI 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 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: Wright Architects P. O. BOX: STREET ADDRESS: 719 N. Upper Broadway, Ste, CITY: Corpus Christi ZIP: 195 FIRM IS: 1, Corporation e 2. Partnership e 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. 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) NIA 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 "fin Name Title NIA 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 NIA 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 78401 EXHIBIT "C" 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: John R. Wright, AIA Title: Owner (Type or Print) Signature of Certifying Date: Person: DEFINITIONS , ;3 -0--[ 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. c. "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" Page 2 of 2