HomeMy WebLinkAboutC2016-395 - 9/20/2016 - Approved fiteLS
CITY OF CORPUS CHRISTI
AMENDMENT NO. 1 to
MASTER SERVICES AGREEMENT 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 MASTER SERVICES
AGREEMENT FOR PROFESSIONAL SERVICES as authorized and administratively amended by:
Original Contract j September 22, 2015 Motion No. M2015-103 $363,168.00
EXHIBIT A, shall be modified to include additional services.
ARTICLE Il, COMPENSATION shall be modified as shown in the attached Exhibit A for an additional
fee not to exceed $187,200.00 (in figures) One Hundred Eighty Seven Thousand Two Hundred
Dollars and Zero Cents (in words)for a total restated fee not to exceed $550,368.00 (in figures) Five
Hundred Fifty Thousand Three Hundred Sixty Eight Dollars and Zero Cents (in words).
All other terms and conditions of the September 22, 2015 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.
CITY O - -,U''C -ISTI F EESE D NICHOLS, INC.
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J.H. Edmonds, P.E. / Ron G zman, P.E. Date
Director of Engineering Services 800 N. Shoreline, Suite 1600N
Corpus Christi, TX 78414
(361) 561-6500 Office
(361) 561-6501 Office
rg@freese.com
APPROVED AS TO FORM
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REBECCA HUERTA
CITY SECRETARY
2016-395
9/20/16
M2016-109
Freese and Nichols Inc. INDEXED
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FREESEinnovative approaches
, o�1CH0��� Practical results
a Uutstandhng service
800 N.Shoreline Blvd.,Suite 1600N • Corpus Christi,Texas 78401 • 361-561-6500 • fax 361-561-6501 www.freese.com
August 17, 2016
Mrs. Valerie Gray, P.E.
Executive Director of Public Works
City of Corpus Christi
P. 0. Box 9277
Corpus Christi,TX 78469-9277
Re: Capital Programs Department Staff Augmentation Consultant Services (Project No. E15120)—
Amendment No. 2 (Revision No. 1)
Dear Mrs. Gray,
Freese and Nichols, Inc. (FNI) would respectfully request your consideration of our proposal for an
amendment to our Project Management Services on an on-call basis. The proposal includes man-hours
for one (1) P.E. (Eng. V) at a rate of$160/hr. and one (1) P.E. (Eng. IV) at a rate of$140/hr. to provide
assistance with managing projects as directed by City of Corpus Christi staff for three 8-hour days a week
per engineer for 26 additional weeks. The fee associated with this effort would be $187,200. Monthly
invoices will be for only those hours authorized and rendered.
After the initial 16 weeks of the proposed 26-week extension both FNI and the City of Corpus Christi will
evaluate the staff augmentation services agreement and either party may terminate the agreement at
that time. Services are expected to begin in September 2016 and reassessment period will begin on
January 2, 2017.
Please feel free to contact me at 361.561.6500 if you have any questions regarding this matter.
Respectfully,
Freese and Nichols, Inc.
I ,-----' _2_ (hietup,' --
Ron Guzman, P.E.
Vice President/Principal
Enclosures
Exhibit A
Page 1 of 1
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
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
Staff Augmentation 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. The City must be listed as an additional insured on the General
liability and Auto Liability policies, and 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
Commercial General Liability including: $1,000,000 Per Occurrence
1. Commercial Broad Form $2,000,000 Aggregate
2. Premises— Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury-Advertising Injury
AUTO LIABILITY (including) $500,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
1
Exhibit C
Page 1 of 3
•
WORKERS' COMPENSATION Statutory
(All States Endorsement if Company is not
domiciled in Texas)
Employer's Liability $500,000 /$500,000 /$500,000
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 Applicable for paid employees, Consultant must obtain workers' compensation
coverage through a licensed insurance company. The coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance. The workers'
compensation coverage provided must be in an amount sufficient to assure that all
workers' compensation obligations incurred by the Consultant will be promptly met. An
All States Endorsement shall be required if Consultant is not domiciled in the State of
Texas.
1.5 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.
1.6 Consultant shall be required to 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: Engineering Services
P.O. Box 9277
Corpus Christi, TX 78469-9277
1.7 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:
1.7.1 List the City and its officers, officials, employees and elected
representatives as additional insured by endorsement, as respects
operations, completed operation and activities of, or on behalf of, the named
insured performed under contract with the City, with the exception of the
workers' compensation policy;
2
Exhibit C
Page 2 of 3
•
1.7.2 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;
1.7.3 Workers' compensation and employers' liability policies will provide a waiver
of subrogation in favor of the City; and
1.7.4 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.
1.8 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.
1.9 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.
1.10 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.
1.11 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.
1.12 It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
3
Exhibit C
Page 3 of 3
•
•
•
IG::1 SUPPLIER NUMBER
TO BE ASSIGNED BY CITY
PURCHASING DIVISION
City CITY OF CORPUS CHRISTI
Corpus City DISCLOSURE OF INTEREST
s
Christi
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: Freese and Nichols, Inc.
P.O.BOX:
STREET ADDRESS: 800 N. Shoreline, Ste. 1600N CITY: Corpus Christi up: 78401
FIRM IS: 1. Corporation 2. Partnership ❑ 3. Sole Owner 0
4. 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 Chnsti having an `ownership interest"
constituting 3%or more of the ownership in the above named"firm."
Name Job Title and City Department(if known)
N/A
2. 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
N/A
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 Committee
N/A
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 e above named"firm."
Name Consultant
N/A
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: Ron Guzman, P.E. Title: Principal
(Type or Print)
Signature of Certifying Date: •23 . ‘ c4
Person: 1�
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.
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-102953
Freese and Nichols,Inc.
Corpus Christi,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 08/23/2016
being filed.
City of Corpus Christi Date Ackn ledged: —n/r
2'1 1 LF
3 Provide the identification number used by the governmental entity or state agency to track or identify the cdntract,and provide a
description of the services,goods,or other property to be provided under the contract.
MSA-Project No.E15120
Provide professional engineering services to support staff augmentation project
Nature of interest
4 Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
Hatley,Tricia Oklahoma City,OK United States X
New,John San Antonio,TX United States X
Payne,Jeff Dallas,TX United States X
Herchert,Robert Fort Worth,TX United States X
Coltharp,Brian Fort Worth,TX United States X
Nichols,Michael Fort Worth,TX United States X
Milrany,Cindy Fort Worth,TX United States X
Pence,Robert Fort Worth,TX United States X
Gooch,Thomas Fort Worth,TX United States X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
LISA BOGGS (j
f111"
. Notary Public,State Texas
r,,I My Commission Expires
06/25/2019 gnatuyre o authorized agent of contracting business entity
AFFIX NOTARY STAMP I SEAL ABOVE j A
Sworn to and subscribed before me,by the said 'ROY) i�„OZf'Y1 cl�l ,this the 3 day of I&(&, L1$'�-
20 j ,to certify which,witness my hand and seal of office. �J
,v,�� Lisa oqv N o d
gnature of officer admin' ng oath Printed name of off ministering oath Title of offictridministering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277
■
CITY OF CORPUS CHRISTI
CERTIFICATION OF FUNDS
(City Charter Article IV, Sections 7 & 8)
I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized
representative), hereby certify to the City Council and other appropriate officers that the money required
for the current fiscal year's portion of the contract, agreement, obligation or expenditure described
below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has
not been appropriated for any other purpose. Future payments are subject to annual appropriation
by the City Council.
City Council Action Date: 9/20/2016
Agenda Item:
Motion authorizing the City Manager, or designee, to execute the Professional Services Agreements
(PSAs) totaling in the amount of $994,578 to provide necessary staff augmentation in support of
executing the Bond and CIP programs.
Amount Required: $187,200 for Freese Nichols
Fund Name Accounting Unit Account Activity No. Amount
No.
Storm Water 2012B 3495-043 50950 E09025-01-3495-EXP 50,000 v'
Storm Water 2012B 3495-043 50950 E11073-01-3495-EXP 50,000
Storm Water 2012B 3495-043 50950 E12202-01-3495-EXP 50,000 ./
Water 2012A Rv Bd 4089-041 50950 170678-01-4089-EXP 37,200 V
Total 187,200
❑ Certification Not Required 'POI*
Director of Financial Services
Date: