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HomeMy WebLinkAboutC2016-397 - 9/20/2016 - Approved 5 CITY OF CORPUS CHRISTI AMENDMENT NO. 1 to MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas, hereinafter called "CITY," and R. H. Shackelford, 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 $1,262,087.00 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 $668,928.00 (in figures) Six Hundred Sixty Eight Thousand Nine Hundred Twenty Eight Dollars and Zero Cents (in words) for a total restated fee not to exceed $1,931,015.00 (in figures) One Million Nine Hundred Thirty One Thousand Fifteen 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 OFC• -P R` TI . SH • K 1RD, INC. 2 Vz.A Affi P' elterAN J.H. 'dmonds, P.E. J-J' '. Lhoemaker, P.E. Date Director of Engineering Services 5151 ynn Parkway, Suite 500 Corpus Christi, TX 78411 (361) 850-3075 Office (361) 993-1131 Fax APPROVED AS TO Ou FORMladali4A4( D 13)11k4 Legal Department Date APPROVED AS TO FUNDING ONLY 91L-es/c2-& Office of Mgmt and Budg f Date 20 K►cc► eTh SYS . . 12-:(24 III A REBECCA HUERTA SECR€1~Itt' CITY SECRETARY =~-""� 2016-397 9/20/16 M2016-109 R. H. Shackelford Inc. INDEXED 4RHSI August 25,2016 Valerie Gray, P.E. 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$668,928 for a total contract value of $1,931,015. Amendment No. 1 provides extended Staff Augmentation Services initiated under previous contract. RHSI will provide Program Manager Services to implement the CIP including Bond 2012 and 2014 projects for the design, bid and construction phase support. The PM services include managing the budget, schedule and delivery for project design and construction contracts. In addition, RHSI will provide Program Manager Services to assist in the development of the Neighborhood Street Reconstruction Program for standardized street selection criteria,design criteria,budget and controls,acquisition/bidding strategies and master schedule for a multi-year program. These services will be tailored to compliment the capabilities of Engineering Services. The attached page provides a more detailed description of services. Below is a summary of the proposed effort by position. Position Hours Principle-2 Senior PE with minimum of 15 years'experience in management/leadership with 5 years 1664 associated with municipal government Senior Construction Engr-PE and minimum of 10 years'experience with municipal government 1040 Engr II-BS in Engineering and/or equivalent training and education specializing in Facility Maint& 1040 Repair Programs Engr Associate-BS in Engineering and/or equivalent training and education 1040 Administrative Assistant/Management Aide 624 The proposed performance period is for 6 months with an option for an additional 6 month services. Monthly invoices will be for only those hours authorized and rendered. We are prepared to meet and review this proposal at your earliest convenience. Respectfully, Jerry J. Shoemaker, P.E. President/CEO 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% o o 0 0 $0 0 0 0% o 0 0 0 0 0 0 0% o 0 0 0 0 0 0 0% 0% o 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 o 0 0 0 0 0 0% o 0 0 0 0 0 0 0% 0 o 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 • • alSUPPLIER NUMBER TO BE ASSIGNED BY C11 PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus City of DISCLOSURE OF INTEREST 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: R.H. Shackelford, Inc. P.O.BOX: STREET ADDRESS: 5151 Flynn Parkway, Ste 500 CITY: Corpus Christi ZIP: 78411 FIRM IS: 1. Corporation x 2. Partnership ❑ 3. Sole Owner ❑ 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) 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 the 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: J E,2�'/ J J . 00E744. fit Title: pit fs r cA r/c co (Type or Print) ` Signature of Certifying Date: 30 U6_16 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. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos.1-4 and 6 if there are interested pedes. OFFICE USE ONLY Complete Nos.1.2.3.5.and 6 if there are no interested patties. CERTIFICATION OF RUNG 1 Name of business entity tiling farm,and the dty,stale and country of the business rbity's place Certificate Number: of business. 2016-103201 RH Shackelford,Inc Corpus Coded,TX United States Daae cued: 2 Mins of governmental entity or slate agency that is a party to the contract for width to tors is 08/23/2016 beingCky Corpus Christi.Texas -41P---/ to track or the -— and a 3 Provide the tdrmlMafiorm number used by the govrrarermtsi entity or state agencyIdentify f>�� description of the services,goods,or other property to be provided under time contract E12215 Project Management Services Natare of kmbreat 4 Name of Interested Party City,State,Country(place of business) (cheek applicable) Controlling Nmbnnedtry RH Shackelford,Inc Corpus Christi.TX United States X 5 Check only Willem Is NO Pummeled Party. ❑ 6 AFFIDAVIT I swear,or dirm,under penalty of ply.that the above disdo®ue is true and correct. 1 Signature 4f egad d oontracdng entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and suteaied before me,by the said TEr--l;V T SliCidAltit ,this the 25-1." day ofAV1 . 20-11:2--.to certify which, my hand and sed of office. :1.------- 4olfifi VICTORIA J 8710WY40 N Pubo 9 C of Axes Mgre Vicive_i pi 3'�-7. c7 OfF, tty0om beionelttieleti72 dicer a�dnriiruisterirq ostia Prided named officer adn tering oath Forms provided by Texas Ethics Commission www ellics.state tx.us Version VL0.277 • 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: $668,928 for RH Shackelford Fund Name Accounting Unit Account Activity No. Amount No. Storm Water 2012A 3494-043 50950 E12093-01-3494-EXP 50,000 Storm Water 2012B 3495-043 50950 E11116-01-3495-EXP 50,000 Storm Water 2012B 3495-043 50950 E12192-01-3495-EXP 50,000 ,/ Storm Water 2012B 3495-043 50950 E12198-01-3495-EXP 50,000 ✓ Water 2012A Rv Bd. 4089-041 50950 E12090-01-4089-EXP 50,000 ,/ Water 2012B Rv bd 4091-041 50950 180051-01-4091-EXP 50,000 Water 2012B Rv Bd 4091-041 50950 180191-01-4091-EXP 50,000 Water 2013 Rv Bd 4093-041 50950 E11012-01-4093-EXP 50,000 Water 2013 Rv Bd 4093-041 50950 E12161-01-4093-EXP 50,000 ✓ Wastewater 2012B 4249-042 50950 E12205-01-4249-EXP 50,000 ✓ Rv Bd WW 2013 Bd 2012 4253-042 50950 E10100-01-4253-EXP 50,000 WW2015 4254-042 50950 150265-01-4254-EXP 50,000 WW2015 4254-042 50950 E10015-01-4254-EXP 50,000 , - WW2015 4254-042 50950 E10142-01-4254-EXP 18,928 ✓ Total 668,928 ❑ Certification Not Required C 3`)-/6 Director of Financial Services Date: