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HomeMy WebLinkAboutC2014-271 - 7/24/2014 - NA AMENDMENT NO. 3 TO CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "CITY", and GIGNAC ARCHITECTS, hereinafter called "CONSULTANT", agree to the following amendment to the Contract for Professional Services for Downtown Street (Chaparral) BOND ISSUE 2008 (Project 6510) as authorized and amended by: Original Contract February 25, 2010 Administrative Approval $14,480.00 Amendment No. 1 June 29, 2010 Motion No. M2010-162 $335,900.00 Amendment No. 2 April 26, 2011 Motion No. M2011-103 $407,503.00 Amendment No. 1, Exhibit"A", Section 1. Scope of Services, Part B. Additional Services is amended to include Item No. 6 AEP Work, and as specified in Exhibit "A". Amendment No. 1, Exhibit"A", Section 3. Fees is amended for a fee not to exceed $20,625.00 (Twenty Thousand Six Hundred Twenty Five Dollars and Zero Cents) for a total restated fee not to exceed $778,508.00 (Seven Hundred Seventy Eight Thousand Five Hundred Eight Dollars and No Cents); and as specified in Exhibit "A-1" Summary of Fees. All other terms and conditions of the February 25, 2010 contract and amendments between the City and Consultant will remain in full force and effect. CITY OF CORPUS CHRISTI GIGNA ARCHITECTS � %./..,(-,_ 47/ ! � ate / Valerie H. Gray, P. k Date Raym ' - Interim Executive Director of Public Works Principal-�� harm•na• A. I. A. 416 Starr S -e Corpus Christi, TX 78401 RECOMMENDED (361) 884-2661 Office (361) 884-42321 Fax v///II- Valerie Gray, P.E. 04 Dat Stree 0 erations APPROVED 0 FORM A/V't itLA1 Legal Department Date 2014-271 7/24/14 I AMEND. NO. 3 Page 1 of 2 Gignac Architects INDEXED • APPROVE .diM1t --- . ) ( Office of anagement ate and Budget ATTEST TL. 141, 2"/ Rebecca Huerta, City Secretary Project No. 6510 Fund Source No. 550950-3548-00000-170677 Fund Name: Street 2012 GO CIP Bond Issue 2008 Encumbrance No. Elf-AO A&II AMEND. NO. 3 Page 2 of 2 0 ( ;I(;1\Jnc; I Ala:1 iril'a( ,T ; 416 STARR STREET CORPUS CHRISTI , TEXAS 361 . 884 . 2661 p 361 . 884 . 4232 f June 30, 2014 Natasha Fudge-Acting Director Capital Programs Department - City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 RE: Downtown Streets Improvements -Chaparral Street- William to Schatzell Corpus Christi, Texas City Project#6510 SUBJECT: Additional Services for Construction Administration Services Due to AEP Delays Natasha, Please find attached additional hours performed by Gignac Architects as a direct result of unforeseen delays to the Contract Time for completion of this project. This has been discussed previously with Dan Bites. Significant time delays were caused due to AEP work on their new vaults, duct banks and secondary boxes.The Contractor had no choice but to significantly delay construction because of AEP work being in their way. For more detailed information on this, please reference the Contractor's Additional Time& Cost letter dated January 09, 2014. The Notice To Proceed date on this project was November 28, 2012.With a Contract Time of 300 calendar days,the completion date was contractually scheduled for September 24, 2013. Because of unforeseen delays, Substantial Completion was not achieved until around the Grand Opening Ceremony on May 02, 2014. Attached is a breakdown of GA additional hours spent on the Project related to AEP delays only. We are requesting to be paid additional compensation due to unforeseen delays in the amount of Twenty Thousand Six Hundred Twenty Five Dollars and No Cents ($20.625.00). If you have any questions, please call me to discuss. Sincerely, 1-2 ,..,..it i/L (.4--i__ Paul Rybalka - Project Manager Gignac Architects cc: Raymond Gignac File ARCHITECTURE INTERIORS AMEND. NO.3 LANDSCAPE EXHIBIT"A" Page 1 of 2 Downtown Street Improvements-Chaparral-William to Schatzel Gignac Architects City Project No.6510 06/30/2014 GA Additional Services for Time Spent beyond the Scheduled Completion Date of September 24,2013 per Owner/Contractor Contract Due to AEP Delays. #of Additional Hours Rate/Hour Spent Total Draftsman $65.00 28.0 $1,820.00 Administrative $65.00 19.0 $1,235.00 Project Manager $170.00 85.0 $14,450.00 Principal $195.00 16.0 $3,120.00 $20,625.00 � x z p.m . o Z N0 - w DOWNTOWN STREET(CHAPARRAL) BOND ISSUE 2008 PROJECT NO.6510 SUMMARY OF FEES Original Contract Amend.No. 1 Amend.No.2 Amend.No.3 Total Basic Services 1 Preliminary Design Phase $14,480.00 $126,000.00 $0.00 $0.00 $140,480.00 2 _Design Phase 0.00 0.00 265,852.00 0.00 265,852.00 3 _Bid Phase 0.00 0.00 13,820.00 0.00 13,820.00 4 Construction Phase 0.00 0.00 49,056.00 0.00 49,056.00 Subtotal Basic Services 14,480.00 126,000.00 328,728.00 0.00 469,208.00 Additional Services 1 Conceptual Design Kinney to Hirsch 0.00 53,500.00 0.00 0.00 53,500.00 Design of 2-Way Conversion-Taylor to 0.00 9,700.00 0.00 0.00 9,700.00 IH 37 Cross Streets-William to Schatzell 0.00 21,600.00 0.00 0.00 21,600.00 Cross Streets-Peoples to Taylor 0.00 21,600.00 0.00 0.00 21,600.00 Subtotal Conce tual Desi n 0.00 106,400.00 0.00 0.00 106,400.00 2 Meetings Public 0.00 18,800.00 31,312.00 0.00 50,112.00 City Council 0.00 19,200.00 0.00 0.00 19,200.00 Subtotal Meetings 0.00 38,000.00 31,312.00 0.00 69,312.00 3 To ographic Survey William to Schatzell 0.00 20,700.00 0.00 0.00 20,700.00 Schatzell to Taylor 0.00 25,300.00 0.00 0.00 25,300.00 Subtotal Topographic Survey 0.00 46,000.00 0.00 0.00 46,000.00 4 Si ns Wayfinding Signage 0.00 19,500.00 25,807.00 0.00 45,307.00 Traffic Control Designs 0.00 0.00 18,156.00 0.00 18,156.00 Subtotal Signs 0.00 19,500.00 43,963.00 0.00 63,463.00 5 Permits TDLR 0.00 0.00 3,500.00 0.00 3,500.00 6 AEP Work New Vaults,Duct Banks,Seconday 0.00 0.00 0.00 20,625.00 20,625.00 Boxes Subtotal Additional Services 0.00 209,900.00 78,775.00 20,625.00 309,300.00 Total $14,480.00 $335,900.00 $407,503.00 $20,625.00 $778,508.00 02/25/10 06/29/10 04/26/11 Admin.Approval M2010-162 M2011-103 Admin.Approval AMEND. NO. 3 EXHIBIT "A-1" Page 1 of 1 _ • EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR NE PROFESSIONAL SERVICES/CONSULTANT 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 EXHIBIT"B" Pa•e 1 of 3 J:\GEN VELMAP\FORMS\NEWFORMS\INDEMNIFICATION\INDEMNIFICATION LARGE AE EXHIBIT B-OCT 2010.dacx 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 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. EXHIBIT"B" Page 2 of 3 J:\GEN VELMAP\FORMS\NEWFORMS\INDEMNIFICATION\INDEMNIFICATION LARGE AE EXHIBIT B-OCT 2010.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 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. PEXHIBIT"B" Pa•e3of3 J:\GEN VELMAP\FORMS\NEWFORMS\INDEMNIFICATION\INDEMNIFICATION LARGE AE EXHIBIT B-OCT 2010.docx • SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City of CITY OF CORPUS CHRISTI corpus DISCLOSURE OF INTEREST Chnsti City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seekin business with the Ci to rovi a the followin information. Every question must be answered. See reverse side for Filing Requirements, Certifications an e tuitions. COMPANY NAME: Gignac Architects P.O.BOX: STREET ADDRESS: 416 Starr Street CITY: Corpus Christi ZIP: 78401 IMP1. Corporation _ 2. Partnership 3. Sole Owner ❑ 4. Association _ 5. Other _ DISCLOSURE QUESTIONS additional space is necessary, please use the reverse side of this page or attach separate sheet. 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 Job Title and City Department(if known) 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 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 '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 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 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: Raymond Gignac,A.I.A. Title: Principal-in-Charge (Type or Print) 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.