HomeMy WebLinkAboutC2016-045 - 2/9/2016 - NA ,
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 Frank Brogan
Consulting, a sole proprietorship, 200 Normandy Avenue, San Antonio, TX 78209,
(Consultant), hereby agree as follows:
1. SCOPE OF PROJECT
Management Review of City Engineering Department (Project No. E16245 - This
Project provides for the services described in Exhibit "A".
2. SCOPE OF SERVICES
The Consultant hereby agrees to perform services to complete the Project, as detailed in
Exhibit"A". In addition, Consultant will provide monthly status updates (project progress
or delays 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 Consultant (provide breakdown of costs, schedules), and
written authorization is provided by the Director of Engineering Services.
3. ORDER OF SERVICES
The Consultant 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
Consultant 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.
The Director of Engineering Services may direct the Consultant 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. Consultant shall notify the City of Corpus Christi within three (3) days of
notice if tasks requested requires an additional fee.
4. FEE
The City will pay the Consultant a fee as described in Exhibit "A" for providing services
authorized, a total fee not to exceed $35,000.00. Monthly invoices will be submitted in
accordance with Exhibit "B".
2016-045
2/09/16
Contract for Professional Services
Frank Brogan Consulting Page 1 of 8
3INEERING SERVICES DEPARTMENT\E16245 MANAGEMENT REVIEW OF CITY ENGR DEPT FRANK INDEXED
S FRANK BROGAN CONSULTING.DOC
5. INDEMNITY
Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its
officials, officers, agents, employees, or other entity, excluding the engineer or
architect or that person's agent, employee or subconsultant, over which the City
exercises control ("Indemnitee") from and against any and all claims, damages,
liabilities or costs, including reasonable attorney fees and court costs,to the extent
that the damage is caused by or results from an act of negligence, intentional tort,
intellectual property infringement or failure to pay a subcontractor or supplier
committed by Consultant or its agent, Consultant under contract or another entity
over which Consultant exercises control while in the exercise of rights or
performance of the duties under this agreement.This indemnification does not apply
to any liability resulting from the negligent acts or omissions of the City or its
employees, to the extent of such negligence.
Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney,
from and against any and all claims, damages, liabilities or costs, including
reasonable attorney fees and court costs, if the claim is not based wholly or partly
on the negligence of, fault of or breach of contract by Indemnitee. If a claim is
based wholly or partly on the negligence of, fault of or breach of contract by
Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in
proportion to the Consultant's liability.
Consultant must advise City in writing within 24 hours of any claim or demand
against City or Consultant known to Consultant related to or arising out of
Consultant's activities under this Agreement.
6.1 Consultant-must not commence work under this agreement until all required
required of any subcontractor has been obtained.
6.2 Consultant must furnish to the Director of Engineering Services with the signed
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TYPE OF INSURANCc
Per occurrencc aggregate
- - • •• - - - • - - - - - - $1,000,000 Per Occurrence
1. Commercial Broad Form ,
2. Premises Operations
3. Products/ Completed Operations
�. Contractual Liability
5. Independent Contractors
6. Personal Injury Advertising Injury
AUTO LIABILITY (including) ,
1. Owned
2.---HiT r) and Alon Owned
3. Rented/Leased
PROFESSIONAL I IABII ITY $1,000,000 Per Claim
(Defense costs shall be outside policy
limits)
prior to inception of agreement, have
insured.
Statutery
domiciled in Texas)
Employer's I iabilifii
- _ _ - . I . - - - .
6.4 Applicable for paid employees, Consultant must obtain workers' compensation
and endorsements approved by the Texas Department of Insurance. The workers'
- ' . - - • .. - .A . 1
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6.6 Consultant shall be required to submit a copy of the replacement certificate of
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City of Corpus Christi
Attn: Engineering Services
P.O. Box 9277
Corpus Christi, TX 78469 9277
previsions•:
6.7.1 List the City and its officers, officials, employccs and elected representativcs
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PeliGYi
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this-agreement
6.11 It is agreed that Consultant' surance shall be deemed primary and non
7. TERMINATION OF CONTRACT
The City may, at any time, with or without cause, terminate this contract upon seven days
written notice to the Consultant at the address of record. In this event, the Consultant will
be compensated for its services on all stages authorized based upon Consultant and City's
estimate of the proportion of the total services actually completed at the time of
termination.
8. 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.
9. ASSIGNABILITY
The Consultant 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 Consultant staff. If the Consultant 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
Consultant fee may be assigned in advance of receipt by the Consultant 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.
10.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 Consultant without the express written consent of the Director of
Engineering Services. However, the Consultant 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.
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11.STANDARD OF CARE
Services provided by Consultant under this Agreement shall be performed with the
professional skill and care ordinarily provided by competent engineers or architects
practicing in the same or similar locality and under the same or similar circumstances and
professional license; and performed as expeditiously as is prudent considering the ordinary
professional skill and care of a competent engineer or architect.
12.DISCLOSURE OF INTEREST
Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and
complete the Disclosure of Interests form as part of this contract.
13.CERTIFICATE OF INTERESTED PARTIES
For contracts that exceed $50,000, Consultant agrees to comply with Texas Government
Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of
this agreement.
Form 1295 requires disclosure of "interested parties" with respect to entities that enter
contracts with cities. These interested parties include:
(1) persons with a "controlling interest" in the entity, which includes:
a. an ownership interest or participating interest in a business entity by virtue
of units, percentage, shares, stock or otherwise that exceeds 10 percent;
b. membership on the board of directors or other governing body of a
business entity of which the board or other governing body is composed
of not more than 10 members; or
c. service as an officer of a business entity that has four or fewer officers, or
service as one of the four officers most highly compensated by a business
entity that has more than four officers.
(2) a person who actively participates in facilitating a contract or negotiating the terms
of a contract with a governmental entity or state agency, including a broker,
intermediary, adviser or attorney for the business entity.
Form 1295 must be electronically filed with the Texas Ethics Commission at
https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be
printed, signed, notarized and filed with the City. For more information, please review the
Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html.
14.CONFLICT OF INTEREST
Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and
file Form CIQ with the City Secretary's Office, if required. For more information and to
determine if you need to file a Form CIQ, please review the information on the City
Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-
disclosure/index.
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15.ENTIRE AGREEMENT AND CONTROLLING LAW
This Agreement represents the entire and integrated Agreement between City and
Consultant and supersedes all prior negotiations, representations or agreements, either
oral or written. This Agreement may be amended only by written instrument signed by both
the City and Consultant. This Agreement is governed by the laws of the State of Texas
without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in
Nueces County, Texas.
16.CONFLICT RESOLUTION BETWEEN DOCUMENTS
Consultant hereby agrees and acknowledges if anything contained in the Consultant-
prepared Exhibit A, Consultant's Scope of Services, or contained in any other document
prepared by Consultant and included herein, is in conflict with this Agreement, this
Agreement shall take precedence and control to resolve said conflict.
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o F CORPUS HRIST FRANK BROGAN CONSULTING
Gustavo Gonzalez, `.E. D. e Frank C. Brogan Date
Assistant City Manaser of 200 Normandy Avenue
Public Works and Utilities San Antonio, TX 78209
II
Valerie H. Gray, P. E. Dat
Executive Director of Public Works
APFROVED AS TO EGAL FORM
Legal Department Date
Management Review of City Engineering Department (E16245)
Accounting Unit: 5310-11150-011
Account: 530000
Activity: E16245 01 5310 EXP
Account Category: 30000
Fund Name: Engineering Fund
APP' •V a
Office &f anagement Da e
and Budget
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BROGAMCONTRACT PROFESSIONAL SERVICES FRANK BROGAN CONSULTING DOC
FRANK BROGAN CONSULTING
200 NORMANDY AVE.
SAN ANTONIO,TEXAS 78209
361-816-6637
February 5, 2016
Mr. Gustavo Gonzalez, P.E.
Assistant City Manager Public Works& Utilities
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78469-9277
Subject: Proposal for Management Review of City Engineering Dept.
Dear Gus:
It was very good to meet with you and Saundra Thaxton this past Tuesday regarding your need
for an independent assessment and management review of the City Engineering Department. I
have given this some thought and reviewed the questions asked by the City Manager(i.e.
Questions for the Engineering Competitive Review). The City Manager raised some important
questions that will require a great deal of work to properly answer them.
In order to fully answer all eight of these questions and the different parts of each, I believe it
will be necessary to approach this review in two phases. There is simply too much to review
and analyze before I could properly estimate the full cost of answering all of these questions. It
may become apparent during my review that there are other critical issues that need to be
studied. I also believe that one or two of these questions may be better answered by City staff.
The first phase would involve a preliminary review of existing information, a series of meetings
with key individuals, analyze data to be provided by the City and provide a written summary of
my observations,assessments and recommendations. These recommendations would also
identify those areas that need further analysis and investigation to fully answer the remainder of
the City Manager's questions. This could then be followed by a second phase study (if
authorized)that would conduct a more intensive review and assessment of the Engineering
Department's operational efficiency and effectiveness.
I have prepared the following scope of work, cost and schedule for this first phase:
Phase I - Scope of Work:
1 EXHIBIT "A"
Page 1 of 3
1. Review existing information including the following:
a. FY 2015-2016 Adopted Capital Budget& Capital Improvement Planning Guide.
b. Engineering Department's current organizational structure
c. Questions submitted by City Manager—"Engineering Competitive Review".
d. Engineering Services—"A Year in Review" dated December 17, 2015
e. Departmental analysis and reports by internal staff
2. Meet with Engineering staff and City Management to get a broad overview of major
issues, challenges and difficulties. Discuss the following:
a. Current policies and procedures used by the Engr. Dept. to execute the City's Capital
Improvement Program.
b. Recent policy and management changes.
c. Perception of conflict of interest issues.
d. Methods used to track progress and assess performance on City projects.
3. Interview key local individuals to discuss the problems and issues that are apparent to
individuals outside the organization. Suggested meetings include:
a. Local Engineering Consultants
b. Local Contractors—Bay, Inc. and Haas Anderson
4. Review and analyze the following information that will be prepared and furnished by the
City:
a. Project Change Order History - Need spreadsheet showing the total number and costs
of change orders on each major city projects versus construction costs.
b. Project Design Costs History - Need spreadsheet showing the total cost of consultants
work on each major city project versus construction costs. Don't include contract
staff serving as city staff.
c. Engineering Department Costs—Need spreadsheet showing total costs of the
department including total of salaries/benefits paid to city employees, temporary and
contract staff, major cost items like vehicles, equipment etc.
d. Summary of turnover experienced by the department over the last several years—
Need total number of staff by different major categories and turnover in each major
category.
e. Salary Ranges paid to Engineering Dept employees by job classification
f. Consultant rate of pay by job classification.
g. Major Project Schedule Summary showing original forecast schedule and actual
schedule.
5. Prepare a report outlining:
2 EXHIBIT "A"
Page 2 of 3
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a. Initial findings, observations and conclusions
b. Answers to the City Manager's questions that can be answered from Phase I
c. Recommendations for areas that require further study to answer the remainder of the
City Manager's questions.
Phase I Cost— I recommend the above work be conducted on an hourly basis with a not to
exceed cost of$35,000 for Phase I. I would bill the City monthly using my normal billing rate
of$250.00 per hour plus reimbursable expenses such as travel,etc. I would not exceed this limit
without your prior authorization.
Phase I Schedule - I am prepared to start work immediately upon your authorization to proceed.
I can begin the process of reviewing the information already provided to me and will plan on
being in Corpus Christi on February 1 lth and 12th to meet with City staff. Following these first
two days of meetings, I will schedule meeting with the other key stakeholders. I believe the
work can be completed by the end of March but that will depend on how long it will take the
City to prepare and furnish the information identified in item #4 above. If this information can
be provided to me by the end of February, then I should not have any trouble finishing my Phase
I work by the end of March.
Please let me know if you have any questions or need additional information. If this meets with
your approval, please indicate your acceptance below. I very much appreciate the chance to
work with the City of Corpus Christi on this assignment.
Sincerely,
Frank C. Brogan
Approval by Client - City of Corpus Christi :
Gustavo Gonzalez, P.E.
Assistant City Manager Public Works& Utilities
File:c:City of CC Lingr.Dept.\Proposal for Engineering Department Review
3 EXHIBIT "A"
Page 3 of 3
Sample form for:
Payment Request
COMPLETE PROJECT NAME 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%
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 $8,250 $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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