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HomeMy WebLinkAboutC2014-160 - 5/20/2014 - Approved AMENDMENT NO. 1 TO CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "CITY", and FREESE AND NICHOLS INC., hereinafter called "ARCHITECT/ENGINEER" ("NE"), agree to the following amendment to the Contract for Professional Services as authorized and amended by: Original Contract July 18, 2013 Administrative Approval $49,500.00 1. SCOPE OF PROJECT On-Call Enaineerina Services for Dams (Project No. E13067) - The project for rehabilitation of the upstream sluice gates at Wesley E. Seale Dam, to include a crane pad and drainage system, was designed and bid as once component of work performed under the current On-Call Engineering Services for Dams, Project No. E13067. This project will consist of general construction representation at Wesley E. Seale Dam by Freese and Nichols, Inc. 2. SCOPE OF SERVICES The NE hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition,NE will provide monthly status updates(project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A", to complete the project. Work will not begin on Additional Services until requested by the NE (provide breakdown of costs, schedules), and written authorization is provided by the Executive Director of Public Works. NE services will be "Services for Construction Projects"- (Basic Services for Construction Projects") "Professional which are shown and are in accordance with Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The NE agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Executive Director of Public Works. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Executive Director of Public Works. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit"A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Executive Director of Public Works. Large A/E Contract 2014-160 Page 1 of 3 5/20/14 1TER\E13067 ON CALL ENGINEERING SERVICES FOR DAMS\AMENDMENT NO 1\CONTRACT\ConVact.doc M2014-063 Freese and Nichols Inc. INDEXED The Executive Director of Public Works may direct the NE to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. NE shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE NE agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B". 5. FEE The City will pay the NE a fee, as described in Exhibit "A", for providing services authorized, a revised fee not to exceed $10,500.00 (Ten Thousand, Five Hundred Dollars and Zero Cents),for a total restated fee of$60,000.00(Sixty Thousand Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "C". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the NE at the address of record. In this event, the NE will be compensated for its services on all stages authorized based upon NE and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The NE agrees that at least 75%of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The NE will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the NE staff. If the NE is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the NE fee may be assigned in advance of receipt by the NE without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. Large A/E Contract Page 2 of 3 K\Engineering DataExchange■ENNIFER\WATER\E13067 ON CALL ENGINEERING SERVICES FOR DAMS\AMENDMENT NO.1\CONTRACT\Contract.doc 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the NE without the express written consent of the Executive Director of Public Works. However, the NE may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re-use of modified plans. 10. DISCLOSURE OF INTEREST NE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI FRE E AND NICHOLS, INC. 06.4■1,- n/41.",- i4- Natasha Fudge, . Date on uzman, P.E. Date Acting Director, Cap I Programs Principal 800 N. Shoreline Blvd., Suite 1600N Corpus Christi, TX 78401 RECOMMENDED (361) 561-6500 Office (361) 561-6501 Fax • - ''-g Dep"rtment Date :z2nth ent Dat .0 COUNC IL,____„ Z� and Budget SEcs!TAR& 114)---- ATTEST —2e._ 'kW g_.■._* IN' Rebecca Huerta, City Secretary Project No: E13067 ENTERED Fund Source No:530000-4010-30200-E13067 Fund Name: Water Operating APR 2014c9eR. Encumbrance No: e� 7)C')L(f f\t✓IZA- . cii t wipteukiiER Large A/E Contract Page 3 of 3 K:\Engineering Da taExchange.JENNIFER\WATER\E13067 ON CALL ENGINEERING SERVICES FOR DAMS\AMENDMENT NO.1\CONTRACT\Contract.doc EXHIBIT"A" CITY OF CORPUS CHRISTI, TEXAS AMENDMENT NO. 1 TO ON-CALL ENGINEERING SERVICES FOR DAMS PROJECT NO. E13067 SCOPE OF SERVICES A. BASIC SERVICES 1. Construction Administration Phase. The NE will perform contract administration to include the following: a) Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. c) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make 1 weekly visit to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents.This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Attend final inspection with City staff and provide the City with a Certificate of Completion for the project upon successful completion of the project. h) Review Contractor-provided construction"red-line"drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two(2)months of final acceptance of the project.All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. II. SCHEDULE Date Activity April 2014 Contract Award April 2014 Begin Construction May 2014 Complete Construction AMEND. NO. 1 EXHIBIT"A" Page 1 of 3 K\Engineering DataExchange'JENNIFER\WATER\E13067 ON CALL ENGINEERING SERVICES FOR DAMS\AMENDMENT NO.1\CONTRACT Exhibit A 4.14.14.doc Ill. FEES A. Fee for Basic Services. The City will pay the NE a fixed fee for providing for all"Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A above,and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A,NE will submit monthly statements for basic services rendered. In Section I.A, the statement will be based upon NE's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A,the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to NE's monthly statements. B. Fee for Additional Services. For services authorized by the Executive Director of Public Works under Section I.B."Additional Services,"the City will pay the NE a not-to-exceed fee as per the table below: Summary of Fees Original Amendment Total No. 1 Basic Services Fees 1 Preliminary Phase(On-Call Services) $49,500.00 $0.00 $49,500.00 2 Design Phase 0.00 0.00 0.00 3 Bid Phase 0.00 0.00 0.00 4 Construction Administration Phase 0.00 10,500.00 10,500.00 Subtotal Basic Services Fees 49,500.00 10,500.00 60,000.00 Additional Services Fees 1 Permit Preparation 0.00 0.00 0.00 2 ROW Acquisition Survey 0.00 0.00 0.00 3 Topographic Survey and Parcel 0.00 0.00 0.00 Descriptions 4 Environmental Issues 0.00 0.00 0.00 5 Public Involvement 0.00 0.00 0.00 6 Subsurface Utility Investigation 0.00 0.00 0.00 7 Construction Observation Services 0.00 0.00 0.00 8 Start-up Services 0.00 0.00 0.00 9 Warranty Phase 0.00 0.00 0.00 Subtotal Additional Services Fees Authorized 0.00 0.00 0.00 Total Authorized Fee 49,500.00 10,500.00 60,000.00 AMEND. NO. 1 EXHIBIT"A" Page 2 of 3 K:\Engineering DataExchange\JENNIFER\WATER\E13067 ON CALL ENGINEERING SERVICES FOR DAMS\AMENDMENT NO.1\CONTRACT\Exhibit A 4.14.14.doc C. Summary of NE Fees: On a Time and Materials Basis Hourly Rates 1. Co-op or Admin $ 85.00 2. CAD or GIS Technician $ 100.00 3. EIT or Designer $ 120.00 4. Professional Engineer $ 145.00 5. Senior Engineer $ 190.00 TOTAL FEE NOT TO EXCEED $ 10,500 Rates for In-House Services Technology Charge Bulk Printing and Reproduction $8.50 per hour Black and White $0.10 per copy Color $0.50 per copy Travel Plot- Bond $2.50 per plot Standard IRS Rates Plot-Color $5.75 per plot Plot-Other $5.00 per plot Binding $5.75 per book OTHER DIRECT EXPENSES: Other direct expenses are reimbursed at actual cost times a multiplier of 1.15. They include outside printing and reproduction expense,communication expense,travel,transportation and subsistence away from the FNI office and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons other than staff members. AMEND. NO. 1 EXHIBIT "A" Page 3 of 3 K\Engineering DataExchange\JENNIFER\WATER\E13067 ON CALL ENGINEERING SERVICES FOR DAMS.AMENDMENT NO.1\CONTRACT\Exhibit A 4.14.14.doc EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A/E PROFESSIONAL SERVICES/CONSULTANT SERVICES (Revised November 2013) 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 AMEND NO. 1 EXHIBIT"B" Page 1 of 3 K'Engineenng Dat aExchange'JENNIFER\FORMS\Exhibit B for Large-Insurance&Indemnification FNI Amd No.1.docx • 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: i. 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 policies; 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. AMEND NO. 1 EXHIBIT"B" Page 2 of 3 K\Engineering DataExchange'JENNIFER\FORMS'Exhibit B for Large-Insurance 8 Indemnification FNI Aid No.1.docx 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 agrees to 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 the negligent performance of Consultant's services in connection with the work 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 K\Engineer ng DataExchange.JENNIFER\FORMS\Exhibit B for Large-Insurance 8 Indemnification FNI Amd No.1 docx Sample form for Payment Request COMPLETE PROJECT NAME Revised 07127/00 Project No.XXXX Invoice No. 12346 Invoice Dab: Total Amount Previous Total Percent Basic Services: Contract Amd No. 1 Amd No.2 Contract invoiced Invoice Invoice Complete Preliminary Phase $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% Design Phase 2,000 1,000 0 3,000 1,000 500 1,500 50% Bid Phase 500 0 250 750 0 0 0 0% Construction Phase 2,500 0 1,000 3,500 0 0 0 0% Subtotal Basic Services $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% Additional Services: Permitting $2,000 $0 $0 $2,000 $500 $0 $500 25% Warranty Phase 0 1,120 0 1,120 0 0 0 0% Inspection 0 0 1,627 1,627 0 0 0 0% Platting Survey TBD TBD TBD TBD TBD TBD TBD 0% O&M Manuals TBD TBD TBD TBD TBD TBD TBD 0% SCADA TBD TBD TBD TBD TBD TBD TBD 0% Subtotal Additional Services $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% Summary of Fees Basic Services Fees $6,000 $1,000 $1,250 $8,260 $750 $1,500 $2,500 30% Additional Services Fees 2,000 1,120 1,627 4,747 500 0 500 11% • Total of Fees $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% ( Ii .9 ,0 All Oil°II WAS'OWED PU DIVI58 ION `ity o f CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the City to ide the following information. Every question must be answered. question applicable,answer with A". See reverse side persons, iling Requirements, Certifications and definitions. COMPANY NAME: Freese and Nichols P.O.BOX: N/A Shoreline MS STREET ADDRESS: S It oN Blvd, CITY: Corpus Christi ZIP: 78401 FIRM 18: 4. Association stion S. Partnership 9 3. Sole Owner ❑Other DISCLOSURE QUESTIONS if additional space is necessary,please use the reverse side of this pwor.attach separate sheet. 1. State die names i of each more ofthe�ownership�in the Corpus "firma "ownership Name Job Title and City 1`i 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 die ownership in the above named"firm. Name /1ar Title 3. of City Cluisti of an interest"constituting or more ownership d above Name Board, Commission or Committee 4. State the names of each employee or officer of a"consultant" for the City of Corals Christi who interne wing 3% more the �n die above named"firm." an ownership Name Consultant • s s MEW if a person who requests official an alarriows witted action will confer an Went efit on any City official or employee that is dle from the effect that the action will have on members of the public in ors substantial segment thereof,you shall disclose that fact in a signed writing to the C�isi, ee or body that has been requested to act the matter,uniess the interest of the City cf9iclal_ or employee in the matter is ics Ordi disclosure �be made in a signed writing led with the City Secretary, CERTIFICATION 1 sorts that all information provided is true and correct as of the date of this statement,that have not Uowingly withheld disclosure of any information ; and that supplemental statements will be promptly submitted to the City of Corpus ,Texas as changes occur. Certifying Persons Bon Gomm P•E. Tides Principal OOP KISPN Signalers of Certifying —VN-Z"' Dater Tenons 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, "Employes," My person employed by the City of Corpus Christi.Texas either on a full or part-time basis,but not as an independent contactor. 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 Ctuisti for the purpose of professional consultation and recommendation.