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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 of5 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.