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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 4T XIL ... . ......... . ..... T.. CFr`tt� r" Q" 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 o �z .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.