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HomeMy WebLinkAboutC2013-328 - 10/8/2013 - Approved Po CITY OF CORPUS CHRISTI AMENDMENT NO. 1 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "City", and RVE, INC. hereinafter called "Engineer", agree to the following amendments to the Contract for Engineering Services for McArdle Road Improvements Ennis Joslin Road to Whitaker Drive (Proiect No. E120971E12098) BOND ISSUE 2012, as authorized and administratively amended by: Or nalyContract January 29, 2013 mmm Motion No M2013 019 $957,720 00 In the Original Contract, Exhibit "A", Section 1. Scope of Services, Part A. Basic Services shall be amended to include Item No. 2 Desisan Phase , Item No. 3 Bid Phase and Item No. 4 Construction Phase as set forth in the attached Amendment No. 1, Exhibit "A". In the Original Contract, Exhibit "A", Section 3. Fees, Part C. Summary of Fees shall be modified by the attached as Amend No. 1 Exhibit "A" for a fee not to exceed $155,520.00 (One Hundred Fifty Five Thousand Five Hundred Twenty Dollars and Zero Cents), for a total restated fee not to exceed $1,113,240.00 (One Million One Hundred Thirteen Thousand Two Hundred Forty Dollars and Zero Cents). Monthly invoice will be submitted in accordance with Exhibit "C". All other terms and conditions of the January 29, 2013 contract between the City and Engineer, and of any amendments to that contract, which are not specifically addresse herein shall remain in full force and effect. CITY OF CORPUS CHRISTI RV JNC Mark Vin Vleck, P.E. t Patrick D. Veteto, P.E. Date Interim Assistant City Manager President for Public Works & Utilities 820 Buffalo Street Corpus Christi, TX 78401 (361) 887-8851 Office RECOMMENDED (361) 887-8855 Fax Q=12�Z�l Daniel Biles, P. E., D to Director of Engineering Services APPI OVED AS TO FORM tnuj %6A.66 A L1 ,12 ( Q City Attorney Date sX CWUNC.IL.... � u APPROV D SECWArry 6ffir A7 n Man-nnPmPnt rhto 2013-328 10/08/13 M2013-151 AMD. N0. 1 Page 1 of 2 RVE,Inc. IB MCARDLE-WHITAKER TO NILE BOND ISSUE 20121AMENOMEN7 NO 14AMENDMENT NO 1 DOC INDEXED d' ATTEST Armando Chapa, City Secretary McArdle Road from Nile to Ennis Joslin Pro'ect No. E12CI971 BOND ISSUE 2012 Department Fund Source No. Amount Street CIP 550950-3549-00000-E12097 $0.00 Wastewater CIP 550950-425'1-00000-E12097 ?5'3 75,410.00 Storm Water CIP 550950-3496-00000-E12097 56,07700 Water CIP 550950-4092-00000-E12097 0.00 Gas CIP 550950-4556-00000-E12097 0.00 Total $131,487.00 Encumbrance No„ McArdle Road from Whitaker Drive Nile (Pr No. E12098 BOND ISSUE 2012 Department Fund Source No. Amount Street CIP 550950-3549-00000-E12098 $0.00 Wastewater CIP 550950-4251-00000-E12098 0.00 Storm Water CIP 550950-3496-00000-E12098 24,033.00 Water CIP 550950-4092-00000-E12098 0.00 Gas CIP 550950-4556-00000-E12098 0.00 Total $24,033.00 Encumbrance No, ENTERED AUG 2Y2013 CONTRACT MANAGERS A . No. 1 Pa e2of2 KIENGWEERING DATAE%CHANGEMGIEM%STREETXE12090 MCARDLE-WHITAKER TO NILE BOND ISSUE 2012VWENOMENT NO IMIENDMENT NO 9 DOC rite RVE, Inca engineering — surveying August 19,2013 7-13002 City of Corpus Christi Engineering Services P. O.Box 9277 Corpus Christi,Texas 78469-9277 Attn: Ms.Jamie Pyle,P.E. I Re: McArdle Road Improvements Ennis Joslin Road to Whitaker Drive J City Project No(s)E12097& El 2098 { Engineering Contract Amendment No. l Dear Ms.Pyle: The City has requested that RVE perform additional design work on the subject project to include: storm sewer capacity upgrades from Daly Drive to Rodd Field Road and wastewater trunk line upsizing from Nile Drive to Ennis Joslin Road. Per our contract with the City on this project, RVE is due additional engineering fees for storm sewer capacity upgrades and for other street and utility improvements that exceed the budgets established at the time of the original contract. The estimated construction cost of the storm sewer capacity upgrades is $1,339,275.05. The estimated construction cost of the total requested wastewater improvements, including upsizing of the trunk main, is $1,421,593.05. The original budget for wastewater improvements was $500,000; so, the amount of wastewater improvements over the original budget is $921,593.05. The total estimated additional construction cost associated with this contract amendment is $2,260,868.10. RVE proposes to perform the necessary additional engineering services for a total of$155,520.00(6.88%)separated as follows: - DESIGN PHASE: $ 122,780.00 - BID PHASE: $ 1,440.00 - CONSTRUCTION PHASE: $ 31,300.00 Contract amendment documents supporting the above have been submitted to the City. Please let me know if you have any questions,or need any additional information. Sincerely, RVE, In colt Jones, P.E: Civil Group Manag r DSJ/dcr cc: File Eft NO. 1 T"A" TBPE Firm Reg. No. F-2037 of 2 820 Buffalo St. Corpus Christi,Texas 78401-2216 P.O.Box 2527,Corpus Christi,Texas 78403.2927 phone:361.887.8851 fax: 361.887.8855 e-mail: rve®rve-inc,com website:www.rve-inc,com 8880 � � g SSg o ci 6 1A ui 09 C9 mo O ID N pf r T EIk U�W V�U? M V-U& 6% 6% 0 T- V. 8888 Mo O� C C vqg � g , 5iwo it 51, aa41 9 wwv r ppSSSS SS °o `p8 ~ 6Fy Q N w fA b4l ti! w r C � z L SS8S $ � gSS 8 $ $ S c000 o ; � Lo W ^` to mgt W 3 _ C! C! o gS S So I A J V w ui v Qo O 64 lol. co � 4 208 O $ m �u C*4IN �ii t- O O o 0 V tag tR w 0: w Z g i 3 o � O m m � a 91 ax � tI fD W c m IL a A a _ w cm Z c �° rn� r - pL Am o z o ya. mc) v) 0= aaFCo (LM.00sc3: 0 F- e6 a= cV vi d' -: v4 ci � mi CD r-.: eA m a E NO. 1 IT"A"2of2 EXHIBIT "B„ MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A/E PROFESSIONAL SERVICESICONSULTANT 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 COVERAGE 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 $1,000,000 COMBINED SINGLE LIMIT including: 1. Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired—Non-owned vehicles PROFESSIONAL LIABILITY including: $1,000,000 per claim /$2,000,000 Coverage provided shall cover all aggregate employees, officers, directors and agents (Defense costs not included in face value 1. Errors and Omissions 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 WORKERS' COMPENSATION Which Complies with the Texas Workers Compensation Act EMPLOYERS' LIABILITY 500,000/500,000/500,000 AMD. NO. I EXHIBIT"B" Page 1 of 3 J%Engineenng FormsUARGE AE EXHIBIT B OOCX 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: L 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. AMD. NO. 1 EXHIBIT"B" Page 2 of 3 J%Engineenng FormsUARGE AE EXHKJrra 00CX 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 non-contributory 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 shall 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. AMD. NO. 1 EXHIBIT"B" Page 3 of 3 J Wngirwehng F s R E,AE EXHIBIT S,DOCX 0 0 0 0 0 0 0 o a o 0 0 0 rte+ \ \ d0 ti ti O V) 0 0 0 0 0 0 u? O M V Q- L o CL U m co c I c c I c � CDa0000 O00000000 a O a c�r ° o y O LO L Lo LO O O H > 3 a7 a a a a a 00 00000 ❑fo m � a a a o V O cn LO � H u7 Lr � o 64 � � � L C CL - 03, m o aoo o ❑ ❑ ° 0 0 0 c °0_ H E � Q = P• co 0 cc 0 .- o o -- o er p p U us W T-- Co r 0 0 N m m c'? r C* V mf L r N T �0 a N � CCU? to M coo co 0 O O Q U W r N w O W o Q N 9. 0 0 0 0 0e O& 0 0 0 0 m ❑o 0e O3 0 0v CL Z Z v z H H w i 'o m O > E L � cc Q CL (L r 0cci000000 C3C300C) C) 00C) CD v z ~ ~ *a E .. r~ 0 o to O 0 0 0 %r ❑ p Lo 0 CO CO 0 •- 0) CD m m CD O a) ° T- O O N C7 CM '4;r m o m a) C N L N M t[] co F vl? U U � en m (A rn U- O N cc O co l� U cc •� O LL � v !i u0i u0i c 'rn N t Z 13 O .c? UJ O c rn _ Q co p o E a� a o u g E w c o ❑ ° E c aa) 'a m o : CD cn cn m aa) °tf U � 0 m ti 0 m ❑ ioWUcn Qa a 0toco NC0QH AMD. NO. I EXHIBIT"C" Page 1of1 SUPPLER B ASSIGNED BY CTrY _ PURCHASING DIVISION gry of g`M CITY OF CORPUS CHRISTI ChWa DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112,as amended,requires all persons or fu7tls seeking to do business with the City to provide the following information. Every uestion must be answered. If the question is not applicable, answer with "NA See reverse side for Piling Requirements, Certifications and definitions. COMPANY NAME: RVE,Inc. P.O.BOX: STREET ADDRESS: 820 Buffalo Street CITY: Corpus Christi ZIP: 78401 FUtM IS: 1. Corporation ® 2. Partnership 8 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessM.please use the reverse side of this ge or attach separate sheet; I. 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"farm." Name Job Title and City Department(if known) 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 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 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 the above named"firm." Name Consultant NIA t r i 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 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)pt at Print) Signature of Certifying Date: 41-18-13 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. f. "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.