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HomeMy WebLinkAboutC2013-097 - 3/1/2013 - NACITY OF CORPUS CHRISTI AMENDMENT NO.4 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas, hereinafter called "CITY," and RVE, INC. hereinafter called "CONSULTANT," agree to the following amendment to the Contract for Professional Services for Williams Drive Phase 1 — Rodd Field Road to Nile Drive- BOND ISSUE 2008 (Project No. 6466) as authorized and administratively amended by: Original Contract May 18, 2010 Motion No. M2010 -116 $974,190.00 Amendment No. 1 December 4, 2010 Administrative Approval $10,000.00 Amendment No. 2 November 29, 2011 Administrative Approval $46,290.00 Amendment No. 3 July 24, 2012 Motion No. M2012 -139 $85,160.00 EXHIBIT A, SECTION 1. SCOPE OF SERVICES, PART A. BASIC SERVICES, 4. CONSTRUCTION PHASE shall be modified as shown below. LANGUAGE CHANGE: f. Change "Prepare change orders" to "Assist the City with the preparation of change orders. ADD: j. Provide additional Construction Phase services required above and beyond typically expected efforts for site visits, responses to RFI's and responses to material submittals requested by the Contractor. EXHIBIT A, SECTION 3. FEES, PART A. FEE FOR BASIC SERVICES shall be modified as shown below. LANGUAGE CHANGE: Change "For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract." to "For services provided in Section i.A.4, the statement will be based upon the portion of the total services actually completed at the time of billing." EXHIBIT A, SECTION 3. FEES, PART B. SUMMARY OF FEES shall be modified by the attached Summary of Fees as shown in the attached Exhibit A for an additional fee not to exceed $49,900.00 (in figures) Forty Nine Thousand Nine Hundred Dollars and Zero Cents (in words) for a total restated fee not to exceed $1,165,540.00 (in figures) One Million One Hundred Sixty Five Thousand Five Hundred Forty Dollars and Zero Cents (in words). Monthly invoices will be submitted in accordance with Exhibit "B ". All other terms and conditions of the May 18, 2010 contract between the City and Engineer and of any amendments to that contract which are not specifically addressed herein shall remain in full force and effect. 2013 -097 3101113 RVE Inc. AMEND. NO.4 Page 1 of 2 FJ CITY OF CORPUS CHRISTI RVE,/IFIC. , , 22 &4-- :1 - / f Ll., VVJ Oscar R. Martinez Date Patrick . ete o, . . Date Assistant City Manager 820 Buffalo Street Corpus Christi, TX 78401 (361) 887 -8851 Office (361) 887 -8855 Fax RECOMMENDED aniel iles .E., Date Director of Engineering Services APPROVED AS TO FORM ENTERED " /Is — FEB I:9 2013 As ' to t City Attorney Date CONTRACT MANAGERS � _ 2-W 113 s(4 O f L ATTEST Project No. 6466 Fund Source No. 550950- 3548 - 00000 - 170323 Fund Name: Street 2012 GO CIP Bond Issue 2008 Encumbrance No. f;1` Armando Chapa, City Secretary R_ECEIV D FEB a �� - By . . AMEND. NO. 4 Page 2 of 2 rva RVE,Inc. engineering -surveying January 18, 2013 7 -10031 City of Corpus Christi Engineering Services P. O. Box 9277 Corpus Christi, Texas 78469 -9277 Attn: Mr. Ken Kaper, P.E. City of Corpus Christi Construction Engineer Re: Williams Drive Phase 1 - Project No. 6466 CONTRACT AMENDMENT NO.4 Dear Mr. Kaper: Per our conversation this morning, I have prepared and attached Contract Amendment No. 4 to our Large A/E Contract with the City for the Williams Drive Phase 1 project. As we discussed, RVE has expended $32,000 of our $52,000 Construction Phase budget. This represents 60% of the approved budget, but the Contractor to -date is less than 20% complete with Phase 1 construction. The disproportionate amount of time that RVE has expended on Construction Phase services is due to the following: - Review of numerous material submittals provided by the Contractor that were either non- compliant with the Project specifications, or for materials not required by the Project. In most cases, the follow -up submittals provided by the Contractor were also non - compliant with the Project plans and specifications and had to be rejected and reviewed again; - Review and response to a seemingly excessive amount of RFI's from the Contractor, which deal with requests to either accept non - compliant construction practices performed by the Contractor, or requests to construct the Project differently from the approved plans and specifications; and - Frequent site visits at the request of the Contractor during which, the Contractor tries to explain why he cannot build the Project per the plans, or to request alternatives to the plans, or to ask how to build the plans. Ken, my goal is to ensure that the City receives the construction product that it is paying for and to accomplish that goal within the contract budget and with the least amount of effort required on your part. At this time, however, due to the amount of supervision time required by the Contractor, I must ask your consideration of an increase to our Construction Phase budget. Based upon what I have observed of the Contractor to -date, 1 do not foresee a reduction in the amount of effort required on our part. As such, RVE will have expended its entire Construction Phase budget in another two (2) months. I am requesting your consideration of an increase of $49,900 to the Construction Phase budget. At the current rate of effort required on the Project, this increase would provide funds up to 10 months. I will endeavor to use the increase in funds judiciously in order to make it last for 13 months — the anticipated construction duration for Phase 1 — while at the same time, ensure the City is receiving the product that it approved and paid for. TBPE Firm Reg. No. F -2037 820 BuffaloSt., Corpus Christi, Texas 78401 -2216 P.O. Box 2927, Corpus Christi, Texas 7840 - IEND. NO.4 phone: 361.687.8851 fax: 361.887.8855 e-mail: rve 0 rve-inc.com website: www.me -i .c�HIBIT "A" Pa e 1 of S Mr. Ken Kaper, P.E. Williams Drive Phase 1 (Project No. 6466) January 18, 2013 Contract Amendment No. 4 2 of 2 I have attached Contract Amendment No. 4 for your review. Thank you for your time and consideration of this request. If you have any questions, or require any additional inforination, please contact our office. Sincerely, RVE, Inc. !DSc?ott Jone4P. , Civil Group Manager DSJldsj Attachments cc: Pile M 4 VI11L DAMS DRIVE PHASE 4 RODD FIELD TO NILE DRWE (pro1w NO.64SB) SUMMARY OF FEES Fees CONTRACT AMD. NO.1 AMD. NO.2 AMD. $0.3 AM06 NO.4 TOTAL Bask Sarvlcee 1: piefirsirmyphase. 00 $000 50.00 $D 50. S39A0639A00-00 0 2. ase Ph $15BAS0A0 $DAD $41 A50M 50 50 $19%910.00 3. Bid phase $1300 $13=00 $0.00 5000 $D $13.200.00 4. Con�Nclon Phase 352,130.00 30-00 On $0 $102.730.00 SubloW Baale Servtaes Fee $D 00 541 46000 AddWWA Swdcn t. Pem1q $14,680.00 $0-00 $0.OD $0 _ $14,050.00 2.. ROW $54,700.00 $000 $0.00 SD S0. $54.700.00 3. T $34,340.00 $0.00 $4,840.00 50 00 $0. $39.180.00 4. SrA m dace Utility Far Wauan (S.U.E.) $40.50000 $000 $600 $0. $000 $40,500.00 5. Boor CulvaB Evaluetlon $TB AO $000 $DM $d $000 SMM 00 8. Boo[ OAM TBD $10 00 $000 $D. S11 110 .00 7. Drainage D esign. Ed Phase, Ca moon Phase lap Sz4sAOD eo $000 $000 SD00 SO 5245000.80 8. Telerislon lospedfon at Surer Lies $40.54000 $000 $000 $0 30 $40.540.00 a Public MOO $11.73D.00 0 50.00 $00 0 $0. SO 511.730 00 10. Cwabucka Obsenraiioe Salvtoee (19 -NW r pwmbM 4 hraAkk x $1001H $187,200.00 SD.00 $0.00 SD 00 $D $187,200.00 11. w Phase $30 -0900 5000 $000 3000 $0.00 S1 80.E 12. AsW City with TWM FOrtdlnWN Agreemsrrl assodaW WM Rodd Field R-d (Sli3b7pAAHWarris Drive IMBrsecOon $0.00 5000 $0.10 $9.83000 13. Add COr�te Pavement we 1p00 $000 50.00 Si 9s wo-00 510.950.00 14. Cemna Phase i and Phase 2 Plans and Cermw Doganelna bw Cr1a (1) Prood $0.00 $000 $0.00 Si9.380.00 $19 .(D 1 er 5. Add Cmmtnrd m Observation Servim for a Tots) 01(13.61ordh Duratka 0 40 hmArk 0 6 1 WHr Plus A&dn Few) (Authorized) 50 00 $0.00 $am 545 SO 00 545.200.00 Sublota) AddWand Services Fes 10 .471 0-00 $i 00 $18.29000 $614 30.00 5610,18600 TaW Fear X74, 190.00 110.00000 X6,160 11.185.610.00 M 4 COMPLETE PROJECT NAME Project No. E11088 Invoice No. 12345 Invoice. Date: 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 l=ees M rn a, �e IC 3 �D O 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 nla 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 $2,500 3% SUPPLM NUMBER To BE ASSIGNED BY CrrY PURCHASING D1VISSON aw o f CITY OF CORPUS CHRISTI hr,$ Cti 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: RVE, Inc. P.O. BOX: STREET ADDRESS: 820 Buffalo Street CITY: Corpus Christi ZIP: 78401 FIRM IS: 1. Corporation ® 2. Partnership e 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 NIA 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." Name Title NIA 3. State the flames 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 "fum " 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 subject above named "firm." Name Consultant NIA 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 employed 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: Patrick D. Vetet , P E. Title: President (T)pe or Print) Signature of Certifying Date: 01 -18 -13 Person: 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 Judges of the City of Corpus Christi, Texas. "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.