HomeMy WebLinkAboutC2015-009 - 1/13/2015 - Approved CITY OF CORPUS CHRISTI
CONTRACT FOR PROFESSIONAL SERVICES
The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277,
Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly
authorized City Manager or Designee (Director of Engineering Services) and R.H.
Shackleford, Inc., a Texas corporation, 5151 Flynn Parkway, Suite 500, Corpus Christi,
Nueces, Texas 78411, (Architect/Engineer—A/E), hereby agree as follows:
1. SCOPE OF PROJECT
E14056 — Capital Programs Project Management Services. R. H. Shackleford, Inc.
(NE) will provide the necessary services for engineering design coordination and project
management services as needed during preliminary design, final design, design
document and constructability review phases with City's selected consultants.
2. SCOPE OF SERVICES
The NE hereby agrees, at its own expense, to perform design 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 Director of Engineering Services.
NE services will be "Services for Construction Projects"- (Basic Services for Construction
Projects") 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 Director of Engineering Services. Work will not
begin on any phase or any Additional Services until requested in writing by the NE and
written authorization is provided by the Director of Engineering Services. 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 Director of Engineering Services.
2015-009
1/13/15
Contract for Engineering(NE)Services
M2015-004 Page 1 of 4
R.H. Shackleford Inc. INDEXED
The Director of Engineering Services 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 fee not to exceed $512,577 (in Numbers), Five Hundred Twelve Thousand
Five Hundred Seventy Seven (in Words) for a total fee not to exceed $542,577, (in
Numbers), Five Hundred Forty Two Thousand Five Hundred Seventy Seven (in Words).
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.
Contract for Engineering(NE)Services
Page 2 of 6
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 Director of Engineering
Services. 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 R. H. SHACK =FORD, INC.
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Ec--. bc2• oc PuBL.tc wa:_,c-s 5151 Flynn Parkway, Suite 500
Corpus Christi, Texas 78411
(361) 675-0964
jshoemaker@rhsitx.com
RECOMME►,�D
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°F 71rR eck, (Date)
Execut e Director of Utilities
Andy Leal, Jr., P. E., (Da e)
Interim Director of Street rvices
APPROVED
c ST COUNCIL _5
Office of Management Ia?'
and Budget CFCRFTAQv
Contract for Engineering(NE)Services
Page 3 of 4
•
AP ROVED AS TO LEGAL FORM
Z /4/141 2-/c-�1
ssistant City Attorn (Date)
for City Attorney
ATTEST ,
12-elt-CC-c. 1 -A, ,A/fr- .
Rebecca Huerta, City Secretary
Capital Programs Protect Management Services
Fund Name Accountin Account No. Activity No. Amount
g Unit
Street 2013 GO Bond 12 3549-052 550950 170371013549EXP $8,543.00
Street 2013 GO Bond 12 3549-052 550950 E11116013549EXP 8,543.00
Street 2013 GO Bond 12 3549-052 550950 E12091013549EXP 8,543.00
Street 2013 GO Bond 12 3549-052 550950 E12092013549EXP 8,543.00
Street 2013 GO Bond 12 3549-052 550950 E12093013549EXP 8,543.00
Street 2013 GO Bond 12 3549-052 550950 E12094013549EXP 8,543.00
Street 2013 GO Bond 12 3549-052 550950 El2095013549EXP 8,543.00
Street 2013 GO Bond 12 3549-052 550950 El2096013549EXP 8,543.00
Street 2013 GO Bond 12 3549-052 550950 El2099013549EXP 8,543.00
Street 2013 GO Bond 12 3549-052 550950 E12100013549EXP 8,543.00
Street 2013 GO Bond 12 3549-052 550950 E12090013549EXP 8,543.00
Street 2013 GO Bond 12 3549-052 550950 E12103013549EXP 8,543.00
Street 2013 GO Bond 12 3549-052 550950 E12107013549EXP 8,543.00
Street 2013 GO Bond 12 3549-052 550950 E12097013549EXP 8,543.00
Street 2013 GO Bond 12 3549-052 550950 El2098013549EXP 8,542.25
Water 2014 Rev Bond 4096-062 550950 El 1 066014096EXP 25,629.00
Water 2014 Rev Bond 4096-062 550950 180415014096EXP 25,629.00
Water 2014 Rev Bond 4096-062 550950 E13038014096EXP 25,629.00
Water 2014 Rev Bond 4096-062 550950 El3051014096EXP 25,629.00
Water 2014 Rev Bond 4096-062 550950 E11068014096EXP 25,628.25
Storm Water 2014 Rev Bd 4530-043 550950 E11073014530EXP 25,629.00
Storm Water 2014 Rev Bd 4530-043 550950 E10200014530EXP 25,629.00
Storm Water 2014 Rev Bd 4530-043 550950 E14039014530EXP 25,629.00
Storm Water 2014 Rev Bd 4530-043 550950 160270014530EXP 25,629.00
Storm Water 2014 Rev Bd 4530-043 550950 E12146014530EXP 25,628.25
Wastewater 2014 Rev Bd 4254-042 550950 E10179014254EXP 25,629.00
Wastewater 2014 Rev Bd 4254-042 550950 E10054014254EXP 25,629.00
Wastewater 2014 Rev Bd 4254-042 550950 E12206014254EXP 25,629.00
Wastewater 2014 Rev Bd 4254-042 550950 E10048014254EXP 25,629.00
Wastewater 2014 Rev Bd 4254-042 550950 El2159014254EXP 25,628.25
Total $512,577.00
Contract for Engineering(NE)Services
Page 5 of 6
Encumbrance No.
Contract for Engineering(NE)Services
Page 6 of 6
RH SHACKELFORD,INC
0
November 6, 2014
Valerie Gray,P.E.
Interim Executive Director of Public Works
1201 Leopard Street
Corpus Christi,Texas 78401
Subject: PROJECT MANAGEMENT(PM)SERVICES PROPOSAL
Project No.E14056-Amendment No. 1
Ms. Gray,
Please accept this proposal for Amendment No. 1 in the amount of$512,577 for a total contract value of
$542,577. The preliminary phase(Phase 1) provided an assessment of the programs and staff with initial
training and tailoring of programs for a more efficient and effect program and project delivery.
Amendment No. 1 provides for Phase 2 to fully implement the process improvements with training and
extends the PM services. The amendment also includes additional part-time technical and administrative
support by RHSI personnel for the following critical needs until additional city staff and process
improvements are available:
• Job Order Contract — technical field assistance for scoping with administrative support for
contractor proposal reviews and estimating
• Major Projects — technical and administrative support and coordination for scheduling, field
investigations,analysis and city staff training
These services will be tailored to compliment the capabilities of Engineering Services at the various stages
of the Bond 2012, 2014 and CIP programs. The attached page provides a more detailed description of
services.Below is a summary of the proposed effort by position.
Position Hours
Principle 1,768
Construction Manager 1,120
Asst CM/PM 208
Engr II 208
Admin 312
The proposed performance period is for 12 months. Monthly invoices will be for only those hours
authorized and rendered.
We are prepared to meet and review this proposal at your earliest convenience. Pease call or email at
361.675.0964 or jshoemaker(rhsitx.com.
' spect .11yy/
-11i
l .f•hoemaker,P.E.
1100 NW Loop 410,Ste 350 5151 Flynn Parkway,Suite 500 16051 Addison Rd,Suite 211
San Antonio,TX.78213 Corpus Christi,TX. 78411 Addison,TX.75001
N
RH SHACKELFORD,INC
0
President/CEO
Phase 2—12 Months Fee:$512,577
Implementation of the recommended process improvements, training and PM support. The following
outlines some of the PM responsibilities and functions for the proposed training and support:
• Developing Communication and Project Organization Chart/Matrix to ensure effective internal and
external communications
• Collect and review"Master"Schedules and templates with critical milestones and requirements
to facilitate improved overall execution of resources,planning,coordination,and controls to meet
program objectives
• Review and develop individual project manager schedules with controls and techniques for
improved time management,project management and information sharing
• Identify specific budget and cost control measures with defined processes and templates for better
understanding the PM responsibilities,objectives and project activities
• Review and implement improved AE contract management to include assisting in project scope
development, initial document turnover for improved negotiations and AE fees
• Begin participation in design progress reviews,quality assurance and payments
• Conduct constructability reviews including coordination with other local agencies and City
programs
• Coordinate and conduct progress meetings with agenda and meeting minutes preparation
• Review and recommend action for contractor bid documents and request for change orders
• Review and evaluate monthly updates reports
• Review document control system and provide recommendations if needed
• Review,evaluate and begin implementation of improvements for small project design and award
• Estimating support
In addition,RHSI will provide senior Construction Manager(CM)with construction and design experience
in roads, utilities, and facilities for local government, state and federal projects. The CM will interact
directly with City Staff and other consultants to evaluate the projects to determine the required construction
management services by in-house and contracted inspection services. Additionally, the CM will provide
leadership and direction to the Construction Division to evaluate and improve the processes and
administration to better streamline and staff the division. These services are temporary until the City can
properly staff the projects. The CM will specifically work with current and new staff to ensure training and
proper turnover.
1100 NW Loop 410,Ste 350 5151 Flynn Parkway,Suite 500 16051 Addison Rd,Suite 211
San Antonio,TX.78213 Corpus Christi,TX. 78411 Addison,TX.75001
•
EXHIBIT "B"
MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION
FOR A/E 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"
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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.
EXHIBIT "B"
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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.
EXHIBIT"B"
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Sample form for:
COMPLETE PROJECT NAME Payment Request
Revised 07/27/00
Project No. XXXX
Invoice No. 12345
Invoice Date:
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%
0 & 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 $8,250 $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%
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SUPPLIER NUMBER
TO BE ASSIGNED BY CITY
— E PURCHASING DIVISION
us CITY OF CORPUS CHRISTI
City DISCLOSURE OF INTEREST
us
Chnsti
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 for Filing Requirements,
Certifications and definitions.
COMPANY NAME: R.H.Shackelford,Inc.
P.O.BOX: N/A
STREET ADDRESS: 5151 Flynn Parkway,Suite 500 CITY: Corpus Christi ZIP: 78411
FIRM IS: 1. Corporation 82. Partnership 8 3. Sole Owner El4. Association 5. Other
DISCLOSURE QUESTIONS
If additional space is necessary,please use the reverse side of this page 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 in the above named"firm.'
Name Job Title and City
'f k Department(if known)
2. State the names of each`official"of the City of Corpus Christi having an"ownership interest"
constituting 3% r more of the ownership in the above named"firm."
Name i\J1, Title
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
Ai/A- Committee
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 m iict Consultant
•
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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: Jerry Shoemaker,P.E. Title: President/CEO
(Type or Print)
Signature of Certifying )i,1,0 , Date: ? t .e.-0 1`t
•
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.