HomeMy WebLinkAboutC2013-161 - 4/19/2013 - NAAMENDMENT NO. 2
TO CONTRACT FOR
PROFESSIONAL SERVICES
The City of Corpus Christi, Texas hereinafter called "CITY ", and Freese and Nichols Inc. agree to the
following amendment to the Contract for Professional Services for New Broadway Wastewater
Treatment Plant (Project No. 7293) as authorized and amended by: �^
Original A/E Agreement
December 12, 2006
Administrative Approval
$24,900.00
Amendment No. 1
February 12, 2008
Motion No. M2008 -034
$339,300.00
Exhibit "A' Section I. Scope of Services Part B. Additional Services, shall be modified as specified
below and in Amendment No. 2 Exhibit "A".
Provide Construction Observation Services for the construction of the New Broadway
Wastewater Treatment Plant
Coordinate transition of Construction Observation Services documentation for current
construction observation team to Freese and Nichols, Inc.
Exhibit "A" Section II. Schedule shall be modified as specified in the attached Amendment No. 2
Exhibit "A ", Schedule.
Exhibit_ "A ", Section 111. Fees shall be modified as specified in Amendment No. 2 Exhibit "A" for a
revised fee not to exceed IL6 (Forty -Six Thousand Six Hundred Ninety -Eight Dollars and
Zero Cents) for a total restated fee not to exceed $410,898.00 (Four Hundred Ten Thousand Eight
Hundred Nine -Ei ht Dollars and Zero Cents). Monthly invoices shall be submitted in accordance
with Amendment No. 2 Exhibit "B ".
All other terms and conditions of the December 12, 2006 and amendments to the contract between the
City and Freese and Nichols, Inc. will remain in full force and effect.
CITY OF CORPUS CHRISTI FREES AND NICHOLS, INC.
62a A Oscar R. Martinez (Date) on Gbzman, P.E., (Date)
Assistant City Manager Principal
800 North Shoreline Blvd_, Suite 160ON
Corpus Christi, TX 78401
RECOM ENDED (361) 561 -5500 Office
(361) 561 -6501 Fax
Daniel Biles, P.E., D te)
Di ector of Engineering Services
Operating Department (Date)
�iW
APR 0 3 2013 �
2013 -161
4/19/13 CUN I t� i MANAUER
AMEND. NO.2
Pa e 1 of 2
W
Freese and Nichols Inc. 1ASTEWATERV293 NEW BRAODWAYWTPXFREESE AND NICHOLSVAMEND . NO. 21CONTRACT.DOCX INDEXED
APPROVED AS TO FORM:
of Management and Budget (Date)
al Department
ATTEST
Armando Chapa, City Secretary
Project No: 7293 v
Fund Source No: 550950 -4248- 00000- 190130
Fund Name: Wastewater 2012A CIP Fd (RyBd)
Encumbrance No:
CI51'
APR 4 9
AMEND. NO. 2
Page 2 of 2
K \ENGINEERING DATAEXCHANGEWENNIFERIWASTEWATER17293 NEW BRAODWAY VW rMFREESE AND NICHOLSIAMEND. NO. 21CONTRACT.DOCX
March 22, 2013
Mr. Dan Bile , .E., P.M.P.
Director of ngineering Services
City of C pus Christi
P. O. B 9277
Corpu Ci�rist1, TX 78469 -9277
j3
Re: New Broadway Wastewater Treatment Plant
Project No. 7293
Construction Observation Services
Dear Mr. Biles,
Freese and Nichols, Inc. (FNI) is pleased to submit our proposed Construction Observation Services
Contract Amendment for your consideration. Our proposed scope of services includes providing full
time project inspection services for the period of March 11, 2013 through March 31, 2013. Also
included in our proposed scope of services is the overall benchmarking of all construction activities.
Please feel free to contact me at 361.561.6500 should you have any questions regarding this matter.
Respectfully
t2
Ron Guzman, P.E.
Principal /Vice President
Attachments
n . NO.2 IT "A"
1 of 5
8011 N. Shoreline Blvd., suite 16GON * Corpus Christi, Texas 78401 - 361 - 561 -650Q • fax 361 -561 -6541 • www.fteese.com
EXHIBIT "A"
CITY OF CORPUS CHRISTI, TEXAS
NEW BROADWAY WASTEWATER TREATMENT PLANT
(Project No. 7293)
I. SCOPE OF SERVICES
A. Basic Services
No changes
A. Additional Services (ALLOWANCE)
This section defines the scope (and ALLOWANCE) for compensation for additional
services that may be included as part of this contract, but FNI will not begin work on this
section without specific written approval by the Director of Engineering Services. Fees
for Additional Services are an allowance for potential services to be provided and will be
negotiated by the Director of Engineering Services as required. FNI will, with written
authorization by the Director of Engineering Services, do the following
1 . Public Involvement Assistance. No changes.
2. Construction Observation Services. (AUTHORIZED) Provide a project
representative (PR) to provide periodic construction inspection from March 11, 2013
to March 31, 2013.
A. Through such observations of Contractor's work in progress and field checks of
materials and equipment by the PR and assistants, FNI shall endeavor to provide
further protection for the CITY against defects and deficiencies in the work.
B. The duties and responsibilities of the PR are described as follows:
1. General: PR will act as directed by and under the supervision of FNI, and will
confer with FNI regarding PR's actions. PR's dealings in matters pertaining to the
Contractor's work in progress shall in general be with Carollo (Design A/E), FNI,
and Contractor, keeping the CITY advised as necessary. PR's dealings with
Subcontractors shall only be through or with full knowledge and approval of
Contractor. PR shall generally communicate with City with the knowledge of and
under the direction of FNI.
2. Conference and Meetings: Attend meetings with Contractor, such as pre -
construction conferences, progress meetings, job conferences and other project -
related meetings as required by the City, and prepare and circulate copies of
minutes thereof.
3. Liaison:
A. Serve as liaison with Contractor, working principally through Contractor's
superintendent and assist in understanding the intent of the Contract
Documents.
B. PR shall communicate with CITY with the knowledge of and under the
direction of AIE
4. Interpretation of Contract Documents: Report when clarifications and
interpretations of the Contract Documents are needed and transmit to Contractor
clarifications and interpretations as issued.
5. Shop Drawings and Samples:
LEXHIBIT"A" NO. 2
K1Engineedng I)ataExchange \JENNIFFRIWASTEWATERV293 NEW BRAODWAY WWTPIFREESE AND NIGHOLSLAMEND. NO. aExhibit A.docx
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A. Receive Samples, which are furnished at the Site by Contractor, and
notify of availability of Samples for examination.
B. Record date of receipt of Samples and approved Shop Drawings.
C. Advise Contractor of the commencement of any portion of the Work
requiring a Shop Drawing or Sample submittal for which PR believes that
the submittal has not been approved.
6. Review of Work and Rejection of Defective Work:
A. Conduct on -Site observations of Contractor's work in progress to assist
AIE in determining if the Work is in general proceeding in accordance with
the Contract Documents.
B. Report whenever PR believes that any part of Contractor's work in
progress will not produce a completed Project that conforms to the
Contract Documents or will prejudice the integrity of the design concept of
the completed Project, or has been damaged, or does not meet the
requirements of any inspection, test or approval required to be made; and
advise City and AIE of that part of work in progress that PR believes
should be corrected or rejected or should be uncovered for observation,
or requires special testing, inspection or approval.
C. Observe whether Contractor has arranged for inspections required by
Laws and Regulations, including but not limited to those to be performed
by public agencies having jurisdiction over the Work.
7. Records:
A. Maintain orderly files for correspondence, reports of job conferences,
reproductions of original Contract Documents including all Change
Orders, Field Orders, Work Change Directives, Addenda, additional
Drawings issued subsequent to the Contract, AIE's clarifications and
interpretations of the Contract Documents, progress reports, Shop
Drawing and Sample submittals received from and delivered to
Contractor, and other Project related documents.
B. Prepare a daily report utilizing approved City format, recording
Contractor's hours on the Site, weather conditions, data relative to
questions of Change Orders, Field Orders, Work Change Directives, or
changed conditions, Site visitors, daily activities, decisions, observations
in general, and specific observations in more detail as in the case of
observing test procedures; and send copies to AIE and the City.
8. Reports:
A. Furnish periodic reports as required of progress of the Work and of
Contractor's compliance with the progress schedule and schedule of
Shop Drawing and Sample submittals_
B. Report immediately to the CITY and AIE the occurrence of any Site
accidents, any Hazardous Environmental Conditions, emergencies, or
acts of God endangering the work, and property damaged by fire or other
causes.
C. Provide project photo report on CD -ROM at the rate of a minimum of two
photographs per day, including an adequate amount of photograph
documentation of utility conflicts.
KlEngineeMg DataExchange \JENNIFERIWASTEWATEM7293 NEW BRAODWAY WWMFREESE AND NIGHOL&AMEND. NO. ML ibit A.docx
AMEND. NO. 2
EXHIBIT "A"
Page 3 of 5
9. Completion:
A. Before the issue of Certificate of Completion, submit to Contractor a list of
observed items requiring completion or correction.
B. Participate in a final inspection in the company of AIE, the CITY, and
Contractor and prepare a final list of items to be completed or corrected.
C. Observe whether all items on final list have been completed or corrected
and make recommendations concerning acceptance and issuance of the
Notice of Acceptability of the Work.
10. Limitations of Authority of Project Representative:
A. Shall not authorize any deviation from the Contract Documents or
substitution of materials or equipment (including "or- equal" items), unless
authorized by DESIGN AIE.
B. Shall not exceed limitations of FNI's authority as set forth in Agreement or
the Contract Documents.
C. Shall not undertake any of the responsibilities of CONTRACTOR,
Subcontractor, Suppliers, or CONTRACTOR's superintendent.
D. Shall not advise on, issue directions relative to or assume control over
any aspect of the means, methods, techniques, sequences or procedures
of construction unless such advice or directions are specifically required
by the Contract Documents.
E. Shall not advise on, issue directions regarding or assume control over
safety precautions and programs in connection with the Work or any
activities or operations of City or CONTRACTOR.
F. Shall not accept shop drawing or sample submittals from anyone other
than the CONTRACTOR.
G. Shall not participate in specialized field or laboratory tests or inspections
conducted by others, except as specifically authorized by FNI.
3. Start -up Phase Peer Services. No changes.
4. Post-Construction Phase Peer Services. No changes.
II. SCHEDULE
Day
Date
Activit
Begin Construction
Monday
March 11, 2013
Observation Services
Terminate Construction
L Sunday
March 31, 2013
Observation Services
III. FEES
A. Fee for Basic Services. No changes.
B. Fee for Additional Services. For services authorized by the Director of Engineering
Services under Section I.B. "Additional Services," the City will pay the FNI a not -to-
exceed fee as per the table below:
KAEnginsering DataF- xchangeUENNIFERIWASTEWATER17293 NEW BRAODWAY V4NTRFREESE AND NICHOL.S4AMEND. NO. 21Exh0t A.dccx
AMEND. NO. 2
EXHIBIT "A"
Pa e4of5
Summary of Fees
New Broadway Wastewater Treatment Plant
Project No. 7293
AMEND. NO. 2
EXHIBIT "A"
Paso 5 of 5
Original Contract
Amend. No. 1
Amend. No. 2
Total Fee
Basic Services
1
Preliminary Phase
$24,900.00
$67,875.00
$0.00
$92,775.00
2
Design Phase
0.00
271,425.00
0.00
271,425.00
3
Bid Phase
0.00
0.00
0.00
0.00
4
Construction Phase
0.00
0.00
0.00
0.00
Subtotal Basic Services
$24,900.00
$339,300.00
$0.00
$364,200.00
Additional Services
1
Public Involvement Assistance
0.00
0.00
0.00
0.00
2
Construction Observation Services
0.00
0.00
46,698.00
46,698.00
3
Start-up Phase Peer Services
0.00
0.00
0.00
0.00
4
Post - Construction Phase Peer Services
0.00
0.00
0.00
0 .00
Subtotal Additional Services
0.00
0.00
$46,698.00
$46,698.00
Total
$24,900.00
$339,300.00
$46,698.00
$410,898.00
12/12/2006
Admin Approval
2/20/2008
M2008 -034
Admin Approval
AMEND. NO. 2
EXHIBIT "A"
Paso 5 of 5
X�
CD = M z
j Wv
o -z
�ta 0
iu
Basic Services:
Preliminary Phase
Design Phase
Bid Phase
Construction Phase
Subtotal Basic Services
Additional Services:
Permitting
Warranty Phase
Inspection
Platting Survey
O & M Manuals
SCADA
Subtotal Additional Services
Summary of Fees
Basic Services l=ees
Additional Services Fees
Total of Fees
COMPLETE PROJECT NAME
Project No. XXXX
Invoice No. 12345
Invoice Date:
Sample form for:
Payment Request
Revised 07/27/00
Total Amount Previous Total Percent
Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete
$1,000
$0
$0
$1,000
$0
$1,000
$1,000
100%
2,000
1,000
0
3,000
1,000
500
1,500
50%
500
0
250
750
0
0
0
0%
2,500
0
1,000
3,500
0
0
0
0%
$6,000
$1,000
$1,250
$8,250
$750
$1,500
$2,500
30%
$2,000
$0
$0
$2,000
$500
$0
$500
25%
0
1,120
0
1,120
0
0
0
0%
0
0
1,627
1,627
0
0
0
0%
TBD
TBD
TBD
TBD
TBD
TBD
TBD
0%
TBD
TBD
TBD
TBD
TBD
TBD
TBD
0%
TBD
TBD
TBD
TBD
TBD
TBD
TBD
0%
$2,000
$1,120
$1,627
$4,747
$500
$0
$500
11%
$6,000
$1,000
$1,250
$8,250
$750
$1,500
$2,500
30%
2,000
1,120
1,627
4,747
500
0
500
11%
$8,000
$2,120
$2,877
$12,997
$1,250
$1,500
$3,000
23%
.sUPPi.II:R NUMB Lit
TU t1E ASSIGNED IlY
PURCHASING DIVISION
%00%dollm.
CITY OF CORPUS CHRISTI
Chfisti
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 or Filing Requirements, Certifications and
definitions.
COMPANY NAME: Freese and Nichols, Inc.
P. O. BOX:
STREET ADDRESS: 800 N. Shoreline Blvd., Suite 1600N CITY: Corpus Christi
FIRM IS: 1. Corporation ® IM 2. Partnership 8
4. Association 5. Other
ZIP: 78401
3. Sole Owner ❑
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this gage 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 to the above named "firm."
Name ,fob Title and City Department (if known)
N/A 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 "firm."
Name Title
NIA 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
NIA 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 sub'eci of this contract . and has an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Consultant
N/A N/A
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
knowinoy withheld disclosure of any information requested; and that supplemental statements will be
promptly submitted to the City of Carpus Christi, Texas as changes occur.
Certifying Person: Ron Guzman, P.E. Title: Principal
(Fnw ur rrinn
Signature of Certifying — Date:
Person: I. IS - f 3
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.
f "Ownership Interest:' l_el al 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.