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Home My WebLink AboutC2016-505 - 10/13/2016 - NA . . CITY OF CORPUS CHRISTI AMENDMENT NO. 4 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas, hereinafter called "CITY," and Freese and Nichols. Inc. hereinafter called "ENGINEER," agree to the following amendment to the Contract for Professional Services for South Staples Street—Brawner Parkway to Kostorvz Road (Bond 2012) (Project No. El 2095) as authorized and administratively amended by: Original Contract January 29, 2013 Motion No. M2013-017 $731,030.00 Amendment No. 1 July 11, 2014 Administrative Approval $49,537.00 Amendment No. 2 January 23, 2016 Administrative Approval $39,154.00 Amendment No. 3 April 25, 2016 Administrative Approval $37,454.00 EXHIBIT A, SECTION 1. SCOPE OF SERVICES, PART A. BASIC SERVICES shall be modified as shown below. 2. Design Phase: "ENGINEER" will provide additional design services needed to remove the bicycle lanes along with adding asphalt pavement as an alternative pavement to the project design more fully described in "Exhibit A". 3. Bid Phase: "ENGINEER"will subtract bid phase services more fully described in "Exhibit A". 4. Construction Administration Phase: "ENGINEER" will subtract Construction Administration phase services more fully described in "Exhibit A". EXHIBIT A,SECTION 1.SCOPE OF SERVICES,PART B.ADDITIONAL SERVICES shall be modified as shown below. 3. Topographic Survey: "ENGINEER"will subtract surveying services more fully described in"Exhibit A". 5A. Public Meetings: "ENGINEER"will subtract public meetings more fully described in "Exhibit A". 8. Warranty Phase: "ENGINEER" will subtract warranty phase services more fully described in "Exhibit A". EXHIBIT A, SECTION 3. FEES, PART B. SUMMARY OF FEES shall be modified by the attached Summary of Fees as shown in the attached Exhibit A for an additional fee not to exceed $49,883.00 for a total restated fee not to exceed $907,058.00 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 addressed herein shall remain in full force and effect. 2016-505 10/13/16 Freese and Nichols Inc. INDEXED CITY OF CORPUS CHRISTI FREESE AND NICHOLS, INC. NihT.6 a • P0/131(6, • 2Co • ico Margie C. Rose Date Ron Gu man, P.E. Date City Manager Vice President/Principal 800 N. Shoreline Blvd., Suite 1600N Corpus Christi, Texas 78401 (361) 561-6500 Office (361) 561-6501 Fax rg@freese.com RECOMMENDED G1S )2. Mark Van Vleck e Assistant City Ma ager { s. / ,Dmt, rValerie H. Gray, P.E. Date 'Executive Director of Public Works APPROVED AS TO LEGAL FORM &1 Aimee Alcorn-Reed 2016.09.29 16265405'00' Legal Department Date ATTEST eLOZ)-ek ebecca Huerta, City Secretary South Staples Street— Brawner Parkway to Kostoryz Rd (Project No. E12095) FNI, Amendment No. 4, $49,883.00 Not to Exceed $907,058.00 Fund Name Accounting Account Activity No. Account Amount Unit No. _Category Street 2013 GO 3549-051 550950 E12095013549EXP 50950 $49,883.00 Bond 2012 Total $49,883.00 Encumbrance No. FREESE1innovative approaches oach es H �S Practical results Outstanding service 800 N.Shoreline Blvd.,Suite 1600N • Corpus Christi,Texas 78401 • 361-561-6500 • fax 361-561-6501 www.freese.com September 19, 2016 Mr.Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi P. O. Box 9277 Corpus Christi,Texas 78469-9277 Re: South Staples Street from Brawner Parkway to Kostoryz Road (Bond 2012) City Project No. E12095 Amendment#4—Elimination of bicycle lanes and the addition of Asphalt Pavement as an alternative pavement—REVISION NO. 1 Dear Mr. Edmonds, At the request of your staff, Freese and Nichols, Inc. is pleased to submit our contract amendment#4 for South Staples Street from Brawner Parkway to Kostoryz Road. This amendment includes the removal of bicycle lanes along with adding asphalt pavement as an alternative pavement to the project design.As you are aware,the project is currently at 100%design stage,therefore the removal of bicycle lanes along with the addition of alternative pavement is a significant effort which will impact the vast majority of the design drawings. It is important to note that our amendment was developed using the following criteria: 1. The two 5' bicycle lanes were eliminated 2. The west curb line (as shown in 100%design submittal)was held constant,to the maximum extent possible,while the east curb line was moved inward 10'. See attached Exhibit A. 3. The revised storm water system will have inlets in-line with culvert/RCB system. Please confirm that these items are acceptable to all parties as modifications to criteria will impact amendment compensation. Amendment No.4 revises project scope for South Staples Street from Brawner Parkway to Kostoryz Road (Project No. E12095) as follows: • In the original S. Staples Street contract, (Project No. E12095), Exhibit "A", Part III. Fees,Section A. Basic Services, Fees shall be amended to transfer funds budgeted for Item No. 3 — Bid Phase and Item No.4—Construction Administration Phase to cover the cost of proposed scope changes in Basic Services, Item No. 2 — Design Phase. In Section B. Additional Services, Fees shall be amended to transfer funds budgeted for Item No. 3—Topographic Survey, Item No. 5A— Public Exhibit A Page 1 of 2 Meetings, and Item No. 8—Warranty Phase to cover the cost of proposed scope changes in Basic Services, Item No. 2—Design Phase. ➢ Reduce: Bid Phase Services- Item No. 3 Bid Phase Services in the amount of($12,363.00) ➢ Reduce: Construction Administration Phase- Item No.4 in the amount of($62,185.00) ➢ Reduce: Additional Services—Topographic Survey- Item No. 3 in the amount of($1,465.00) ➢ Reduce: Additional Services- Public Meetings- Item No. 5A in the amount of($9,388.00) ➢ Reduce: Additional Services-Warranty Phase- Item No. 8 in the amount of($5,499.00) ➢ Add: Basic Services- Item No. 2 Design Phase in the amount of$140,783.00 Freese and Nichols, Inc. respectfully requests a contract amendment in the amount of$49,883.00 to address the aforementioned items. A. Basic Services Design Phase 1. This amendment includes the removal of bicycle lanes along with revising the storm water system and reconfiguring the roadway. As you are aware,the project is currently at 100%design stage,therefore the removal of bicycle lanes along with the addition of alternative pavement is a significant effort which will impact the vast majority of the design drawings. 2. Provide additional design services to add a Hot Mix Asphaltic Concrete (HMAC) pavement design alternative for Staples Street. The HMAC pavement design will be in addition to the current reinforced concrete design. Prepare project detail sheets for HMAC pavement including typical details,cross sections, intersection drawings and bus stop shelter plans. Prepare additional quantity summary,testing schedule, and general notes for HMAC pavement. Prepare specifications, estimates and additional bid form documents for adding HMAC pavement. 3. Develop recommendations for City consideration to include improvements to the Staples Street and Kostoryz Road intersection as an additive alternate bid. It is anticipated that the proposed design changes will result in an approximate$1,400,000 savings to the City for the anticipated cost of construction. Please feel free to contact me at 361.561.6500 should you have any questions regarding this matter. Respectful) , Ron Guzm n, P.E. Principal/Vice President Enclosures Exhibit A Page 2 of 2 Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees um era i 0 M W PROJECT NAME Project No. EXXXXX Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 $0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0% 0 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% $0 $0 $0 $0 $0 $0 $0 0% EXHIBIT C Insurance Requirements Pre-Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) 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 insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 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. Consultant is required to provide City with renewal Certificates. 1.5 Consultant shall be required to submit a copy of the replacement certificate of Exhibit C Page 1 of 2 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: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 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: 1.6.1 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, 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. 1.8 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 remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 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 agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit C Page 1 of 2