HomeMy WebLinkAboutC2016-396 - 9/20/2016 - Approved CITY OF CORPUS CHRISTI
AMENDMENT NO. 1 to
MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES
The City of Corpus Christi, Texas, hereinafter called "CITY," and NAISMITH ENGINEERING, 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 September 22, 2015 Motion No. M2015-103 $162,240.00
EXHIBIT A, shall be modified to include additional services.
ARTICLE II, COMPENSATION shall be modified as shown in the attached Exhibit A for an additional
fee not to exceed $81,120.00 (in figures) Eighty One Thousand One Hundred Twenty Dollars and
Zero Cents (in words) for a total restated fee not to exceed $243,360.00 (in figures) Two Hundred
Forty Three Thousand Three Hundred Sixty 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 OF CORPUS CHRISTI NAISMITH ENGINEERING, INC.
q./7 9
14
1/4'
J.H. Edmonds, P.E. ant A . J ks n, P.E. Date
Director of Engineering Services 4501 Gollihar oad
Corpus Christi, TX 78411
. �e (361) 814-9900 Office
ATTEST: C Q- . - . , (361) 814-4401 Fax
:ECCA HUERTA gjackson@naismith-engineering.com
CITY SECRETARY
U.12i(0-
APPROVED AS TO FORM
OAAAW &1W- i 3
Legal Department Date SECRETAR
APPROVED AS TO FUNDING ONLY
(1°79-- ce
4 /a //(P
Office of Mgmt and Budget Date
2016-396
9/20/16
M2016-109
Naismith Engineering Inc.
INDEXED
NaismithEngineering,Inc
ARCHITECTURE ENGINEERING■ENVIRONMENTAL■SURVEYING
TBPE FIRM NO. F-355 TBPLS No. F-700395-00
ESTABLISHED 1949
OVER 60 YEARS OF ENGINEERING EXCELLENCE
August 17, 2016
Jeff. H. Edmonds, PE
Director of Engineering Services
City of Corpus Christi
P.O. Box 9277
Corpus Christi, TX 78469-9277
SUBJECT: Project Management Assistance— Engineering Services
Amendment 1 to MSA
Dear Mr. Edmonds:
NEI is pleased to offer this proposal, Amendment 1, to provide project management assistance
to the Engineering Services Department. As requested by the City, NEI is proposing to provide
a senior project manager for up to two (2) six month periods.
The assistance will be provided by Mrs. Melanie Gavlik, PE. for an initial period of twenty six (26)
weeks for twenty four (24) hours per week, for a total of 624 hours. The hourly rate for these
services would be $130, for a total of$81,120.00.
We would consider extending an additional 26 weeks for an additional amount of $81,120.00.
This would bring the total value of Amendment 1 to $162,240.00, to be authorized in two phases
and a total restated contract value of$324,480.00
NEI is in discussions with another individual to provide an additional project manager to the City
at the same rate above. If those discussions are successful, we will submit a supplemental
proposal.
We thank you for your consideration. Attached please find Exhibit A, which includes a summary
of fees and schedule.
Should you have any questions, please do not hesitate to call.
Very Truly Yours,
NAISMITH ENGINEERING, INC.
Grant A. Jackson, P.E.
Vice President
Z:19499 City Of Corpus Christi Staff Augmentation\CP-PM_Assistance-2016-07.Docx
Exhibit A
Page 1 of 1
4501 Goliihar Road, Corpus Christi,TX 78411 • 800-677-2831 361-814-9900 Fax 361-814-4401 ■ naismith-engineering.com
EXHIBIT"A"
CITY OF CORPUS CHRISTI,TEXAS
AMENDMENT 1 TO MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES FOR
PROJECT MANAGEMENT ASSISTANCE TO ENGINEERING SERVICES DEPARTMENT
I. SCOPE OF SERVICES
1. SPECIAL SERVICES
1. Project Management Assistance. The Architect/Engineer-NE (also referred to as
Consultant)will provide a professional engineer to serve as a project manager on various
City projects for the Engineering Services Department. Anticipated tasks will include the
following:
a) Review and track project status and budgets and provide periodic project updates
to the Engineering Services Department and others (as directed)
departments/personnel within the City.
b) Correspond and conduct meetings with the City's Consultants on various City
projects, provided requested record drawings/information from City records, and
develop City comments on Consultant work products.
c) Coordinate meetings and review comments with City Consultants and Operating
Departments on City Projects.
d) Attend Public Meetings associated with City Projects.
e) Review City Consultant Monthly Status Reports on City projects.
f) Other project management tasks, as assigned by the Director of Engineering
Services.
The individual professional engineer shall be approved by the Director of Engineering
Services and may only be changed with the written authorization of the Director of Engineering
Services. The Director will not unreasonably withhold or condition such approval.
II. SCHEDULE
Date Activity
Hourly at$130.00 for 24 hours for a total of
26 weeks$81,120.00 CAPITAL PROGRAMS
An additional 26 weeks for a total of PROJECT MANAGEMENT
$162,240.00 ASSISTANCE
III. FEES
1. Fee for Special Services. The City will pay the NE a fixed hourly fee for providing for all"Special
Services"authorized as per the table below. The fees for Special Services will not exceed those
identified and will be full and total compensation for all services outlined in Section I.A.1 above,
and for all expenses incurred in performing these services. The fee for this project is subject
to the availability of funds. The Engineer may be directed to suspend work pending receipt
and appropriation of funds. For services provided, NE will submit monthly statements for
services rendered.The statement will be based upon NE's records(and with.City's concurrence)
EXHIBIT"A-1"
Page 1 of 2
Revised May 1,2015
Z19499 City or Copaa Ctrtae sat Aupmenmuon1000C Contract 7 28 18.docc
of the hour of services actually completed at the time of billing. City will make prompt monthly
payments in response to A/E's monthly statements.
Summary of Fees
Special Services Fees
Description Original MSA Amendment 1
1. Project Management Assistance $162,240.00 $162,240.00
Subtotal Special Services Fees
Total Authorized Fee $324,480.00
EXHIBIT"A-I"
Page 2 of 2
Revised May 1,2015
219499 City of Capua Christi Staff AupmentatlontCOCC Contract 7 2818.docx
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
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
•
SUPPLIER NUMBER
TO BE ASSIGNED BY CITY
C PURCHASING DIVISION
City o CITY OF CORPUS CHRISTI
corpus
DISCLOSURE OF INTEREST
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: Naismith Engineering,Inc.
P.O.BOX: N/A
STREET ADDRESS: 4501 Gollihar Road CITY Corpus Christi ZIP: 78411
FIRM IS: 1. Corporation 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 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)
None
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
None
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"fine."
Name Board,Commission or Committee
Wilfredo Rivera,Jr. Transportation Advisory Commission
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`arm."
Name Consultant
None
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
promptry submitted to the City of Corpus Christi,Texas as changes occur.
Certifying Person: Grant Jackson,P.E. Title: Vice President
(Type or Primt)
Signature of Certifying Date: 08/17/2016
Person: 4KL.N:'i
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.
• . t
i
CERTIFICATE OF INTERESTED PARTIES 1
FORM 1295
1of1
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 Ik
1
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: a
of business. 2016-104511
Naismith Engineering, Inc.
Corpus Christi,TX United States Date Filed: I
2 Name of governmental entity or state agency that is a party to the contract for which the form is 08/25/2016
being filed. 4
City of Corpus Christi,Texas Dat Ackn wledged: lyd
3 Provide the identification number used by the governmental entity or state agency to track or identify the c ntra and provide a o.
description of the services,goods,or other property to be provided under the contract. -
ii
M2015-103 I
Project management assistance-engineering services for staff augmentation. :i
Nature of interest zt
4 Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary c
i
Thompson,Craig Corpus Christi,TX United States X
Rivera,Wilfredo Corpus Christi,TX United States X
i
Underbrink,David Corpus Christi,TX United States X
1
Michael,John Corpus Christi,TX United States X
Jackson,Grant Corpus Christi,TX United States X
j
1
i
i
4
z,
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.
err JUNE A. FIEBIG
Notary PubNC,Store of Texas 'Yr yk*"......_____„_ /
k ., l+ My Commission Expires
' , March 21,2018
Signature •f authorized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE
et+ ,^, '' I1n this the 5�h day of n�1 U S I
Sworntoand subscribed before me,by the said J Q 410 44. M 1 l rn
20 i to ,to certify which,witness my hand and seal of office.
lJJQ - wN
0: � 1{.. JuE A. F-1616- NoTThZ
Signature of officer administering oatILI Printed name of officer administering oath Title of officer adminAt
9 ring 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: $81,120 for Naismith
Fund Name Accounting Unit Account Activity No. Amount
No.
Storm Water 2012B 3495-043 50950 E12191-01-3495-EXP 25,000 1/
Storm Water 2012B 3495-043 50950 E12199-01-3495-EXP 31,120 L/
Wastewater 2013 Bd 12 4253-043 50950 E12129-01-4253-EXP 15,000
Wastewater 2013 Bd 12 4253-043 50950 E12127-01-4253-EXP 5,000
Wastewater 2015 4254-043 50950 X5-01-4254-EXP 5,000
41si13
\.J \DA - Ilo-10341
Coc
Total 81,120
❑ Certification Not Required
Director of Financial Services
Date: