HomeMy WebLinkAboutC2013-067 - 3/19/2013 - ApprovedAMENDMENT NO. 1
TO
SMALL AIE AGREEMENT
FOR
ARCH ITECTIENGINEERING CONSULTANT SERVICES
The City of Corpus Christi, Texas, hereinafter called "CITY ", and NAISMITH ENGINEERING, INC.
hereinafter called "CONSULTANT ", agree to the following amendments to the contract for
Architect/Engineer Consultant Services for the following project, as authorized and administratively
amended by:
Original Small AIE Agreement I August 26, 2010 1 Administrative Approval 1 $49,650.00
1. DECLARATIONS. "CITY" desires to engage "CONSULTANT" to provide services in connection
with City's project, described as follows: CITY STANDARD SPECIFICATIONS REVIEW
(Proiect No. E10115) ( "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 ". Additional
Services required.
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
$92,740.00 (Ninety Two Thousand Seven Hundred Forty Dollars and Zero Cents for a total
restated fee not to exceed $142,390.00 (One Hundred Forty Two Thousand Three Hundred
Ninety Dollars and Zero Cents Monthly invoices will be submitted in accordance with Exhibit
«
4. INDEMNIFICATION AND HOLD HARMLESS. The Consultant agrees to indemnify, save
harmless and defend the City of Corpus Christi, and its agents, servants and employees as
more full set forth in Exhibit "B ".
CITY OF CORPUS CHRISTI
Dscar R. Martinez Date
7NA;1;H ;EGINEERI , INC.
Date)
Vice President
4501 Gollihar
Assistant City Manager
RECOMMENDED
Daniel Biles, P.E. Date
Director of Eneineering Sarvi
2013 -067
Corpus Christi, Texas 78411
(361) 814 -9900 Office
(361) 514 -4401 Fax
-H 22 13, 2 �uT HS.tcr
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3119113
M2013 -044 CELLANEW&E10115 CITY STANDARD SPECIFICATIONS REVIEWIAGENDA 1TEWAE AGREEMENT - AMENDMENT No.
V aisrnith Engineering Inc.
INDEXED
APPROVED AS TO FORM
"4, 46,113
Office of Managem nt and Budget I (bate)
ATTEST
Armando Chapa, City Secretary
Department
Fund Source No.
Amount
Water 2012 CIP -Rev. Bonds
550950 -4088- 00000- E10115
$30,913.33
Wastewater 2012 CIP -Rev. Bonds
550950 -4248- 00000- E10115
30,913.33
Storm Water 2012 CIP -Rev. Bonds
550950- 3494 - 00000- E10115
30,913.34
Total
$92,740.00
Encumbrance number:
ENTERED
FEB 7 2013
CONTRACT MANAGERS
K1Engineering DateExchangetiANGIEMtMISCEI .LANEOUS1E10115 CITY STANDARD SPECIFICATIONS REVIEVAAGENDA ITEMIAE AGREEMENT - AMENDMENT No.
1.doc
Specifications Update Project Budget
Revised February 8, 2013 Budgeted Manhours
Task Description Schedule Sub- Description Qty Hrs Prin Mgr Cler Fees
Task Farh
M
= m
Z
0 -z
Budgeted Costs
Expenses Total
1
Complete Department
April 2013
1A
Attend Department Meetings
6.0
4.0
24.0
24.0
0.0
$6,600.00
$1,350.00
$7,950.00
Review Meetings,
Receive comments,
May 2013
1B
Incorporate Comments into Specifications
95.0
9.0
47.5
152.0
9.5
$23,892.50
$100.00
$23,992.50
Incorporate comments
into Draft Specifications
May 2013
1C
Distribute to Departments
1.0
8.0
1.0
8.0
0.0
$975.00
$200.00
$1,175.00
2
Develop a Stakeholders
Identify City Vendors, Contractors,
List (suppliers, Designers,
June 2013
2A
Consultants, &Developers
6.0
2.0
3.0
12.0
0.0
$1,725.00
$100.00
$1,825.00
Constructors, Quality Assurance
Providers, 3rd Party Sponsors)
June 2013
2B
Prepare a contact list
6.0
1.3
1.8
6.0
0.0
$915.00
$100.00
$1,015.00
3
Provide Draft Technical
Contact Stakeholders, Supply Draft
Specificationsto
July 2013
3A
Specification Information, Seek
6.0
2.0
12.0
30.0
0.0
$5,100.00
$1,200.00
$6,300.00
Stakeholders for written
comments, Discussions
comments
July 2013
3B
Prepare Stakeholder comment list with
6.0
6.0
6.0
30.0
0.0
$4,050.00
$100.00
$4,150.00
recommendations for inclusion
4
Conduct Public Meetings
July 2013
4A
Assist with Notice of Meetings
6.0
1.0
0.0
6.0
0.0
$600.00
$100.00
$700.00
by Department and
receive comments
August 2013
4B
Conduct meetings, receive comments
6.0
4.0
24.0
24.0
0.0
$6,600.00
$900.00
$7,500.00
September
4C
Prepare Public Input comment list with
6.0
6.0
9.0
42.0
0.0
$5,775.00
$100.00
$5,875.00
2013
recommendations for inclusion
5
Public Comment Review,
September
Finalize Documents
2013
5B
Attend Department Meetings
6.0
4.0
24.0
24.0
0.0
$6,600.00
$1,200.00
$7,800.00
September
5C
Incorporate Comments
95.0
1.4
28.5
104.5
0.0
$15,437.50
$100.00
$15,537.50
2013
6
Distribute to
departments for final
October 2013
6A
Assist with distribution of Draft Final
1.0
8.0
1.0
8.0
0.0
$975.00
$200.00
$1,175.00
Technical Specifications
review and comment
November
6B
Receive any comments and incorporate
95.0
0.7
9.5
28.5
28.5
$5,795.00
$200.00
$5,995.00
2013
into Final Technical Specifications
7
Publish final Technical
Assist in distribution to City personnel and
Specifications
December 2013
7A
website administrator
1.0
3.0
2.0
8.0
0.0
$1,150.00
$600.00
$1,750.00
Total Budget:
$92,740.00
EXHI BIT A
CITY STANDARD SPECIFICATIONS REVIEW
PROJECT NO. E10115
Original Services
1 Specification Review
2 Review Other Organization Specifications
3 Detail Review
4 Department Meetings
5 Revision and Formatting of Specifications
6 Final Check with Enginering Staff Meeting
7 Public Comment and Revisions
S Publish Final Technical Specifications
TOTAL
Contract
Amendment 1
Total Contract
$13,500.00
$0.00
$13,500.00
11,500.00
0.00
11,500.00
3,350.00
0.00
3,350.00
7,200.00
33,117.50
40,317.50
10,750.00
7,170.00
17,920.00
3,350.00
0.00
3,350.00
0.00
50,702.50
50,702.50
0.00
1,750.00
1,750.00
$49,650.00 $92,740.00 $142,390.00
AMEND. NO. 1
EXHIBIT "A"
Pa e2of2
EXHIBIT "B"
MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION
FOR A/E PROFESSIONAL SERVICES /CONSULTANT SERVICES
(Revised October 2010)
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 C
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
including:
1. Broad Form
2. Premises - Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
$1,000,000 COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIM1T
1. Owned vehicles
2.. Hired — Non -owned vehicles
PROFESSIONAL LIABILITY including:
Coverage provided shall cover all
employees, officers, directors and agents
1. Errors and Omissions
WORKERS' COMPENSATION
$1,000,000 per claim / $2,000,000
aggregate
(Defense costs not included in face value
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
Which Complies with the Texas Workers
Compensation Act
EMPLOYERS' LIABILITY
500,000/500,000/500,000
JAEngineedng Forms\LARGE AE EXHIBIT B.DOCX
AMEND. NO. 7
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.
JAEngineering FormsU ARGE AE EXHIBIT B00CX
AMEND. NO. 1
EXHIBIT "B"
Page 2 of 3
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.
I. 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 noncontributory 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 shalt 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.
AMEND. NO. 1
EXHIBIT "B"
Page 3 of 3
JAEngineedng FormMLARGE AE EXHIBIT B.DOCX
COMPLETE PROJECT NAME
Project No. E11088
Invoice No. 12345
Invoice Date:
M
= m
�p Z
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.60
Basic Services:
Preliminary Phase
Design Phase
Bid Phase
Report Phase
Construction Phase
Subtotal Basic Services
Additional Services:
Permitting
Warranty Phase
Inspection
Platting Survey
Reporting
O & M Manuals
SCADA
Subtotal Additional Services
Summary of Fees
Basic Services Fees
Additional Services Fees
Total of Fees
Total Amount Previous Total Percent
Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete
$15,117
$0
$0
$15,117
$0
$1,000
$1,000
7%
20,818
0
0
20,818
1,000
500
1,500
7%
0
0
0
0
0
0
0
n/a
14,166
0
0
14,166
0
0
0
n/a
0%
0 0 0 0 0 0 0
$50,101
$0
$0
$50,101
$750
$1,500
$2,500
5%
$0
$0
$0
$0
$0
$0
$0
n/a
0
0
0
0
0
0
0
n/a
9,011
0
0
9,011
0
0
0
0%
29,090
0
0
29,090
0
0
0
0%
1,294
0
0
1,294
0
0
0
0%
TBD
TBD
TBD
TBD
TBD
TBD
0
0%
TBD
TBD
TBD
TBD
TBD
TBD
TBD
0%
$39,395
$0
$0
$39,395
$0
$0
$0
0%
$50,101
$0
$0
$50,101
$750
$1,500
$2,500
5%
39,395
0
0
39,395
0
0
0
0%
$89,496
$0
$0
$89,496
$750
$1,500
$2,500
3%
SUPPLIER NUMBER
TO BE ASSIGNED BY CITY
_ = PURCHASING DIVISION
City of CITY OF CORPUS CHRISTI
Corpus 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 que>;tioit' is not applicable, answer with "NA". See reverse side for Filing Requirements.
Certifications and definitions.
COMPANY NAME: Naismith Engineering, L=*. - A e,.
P. O. BOX:
STREET ADDRESS: 4501 Gollihar Road CITY: Corpus Christi ZIP:
FIRM 1S: I. Corporation 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 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)
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."
�me Title
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
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 snore of the ownership in the above named '`firm."
Name, Consultant
78411
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: {�(+i, Title: f r�°.. j✓L
(Type or Print)
Signature of Certifying Date:
Person: fG 1
1
DEFINITIONS
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
,fudges of the City of Corpus Christi, Texas.
f_ "Ownership Interest." Legal or equitable interest, whether actually or constructively geld,
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.