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HomeMy WebLinkAboutC2008-066 - 2/26/2008 - ApprovedCITY 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 Anderson Group Construction Management, Inc., a Texas corporation, P.O. Box 2682, 713 Colman Avenue, Corpus Christi, Nueces County, Texas 78403-2682, (Consultant), hereby agree as follows: 1. SCOPE OF PROJECT: Contract Management and Construction Inspection (Project No. 90064) Anderson Group Construe#ion Management, Inc. will provide independent Contract Management and Construction Inspection Services under the direction of the Director of Engineering Services, or his designee, to facilitate Capital Improvement Projec# construction, implementation of the 2008 Capital Improvement Program, and administrative support of the Water Department. 2. SCOPE OF SERVICES The Consultant hereby agrees, at its awn expense, to perform the services necessary to review plans, specifications, project documents, contract management, construction inspection and duties as required to administer the completion of the 2008 Capital Improvement Program. In addition, CONSULTANT will provide monthly status updates {project progress or delays, gantt charts presented with monthly invoices) and provide contract administration and inspections services, as described in Exhibit "A" to complete the Project. 3. ORDER OF SERVICES The Consultant agrees to begin work on those authorized service for this contract upon receipt of the Notice to Proceed from 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. MANDATORY REQUIREMENTS Consultant agrees to the mandatory contract and insurance requirements as set forth in Exhibit ii~7f 5. FEE The City will pay the Consultant a fee, as described in Exhibit "A", far providing services authorized. Monthly invoices will be submitted in accordance with Exhibit "D". 6. 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 far i#s services on all stages authorized based upon Consultant and City's estimate ofthe proportion of the total services actually completed at the time of termination. 7. LOCAL PARTIClPATlON The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The Consultant agrees that at least 40% of the work described herein wil! be performed by a labor force residing within the Carpus Christi Metropolitan Statistical Area {MSA). 2ao8-a66 02/026/48 M20o8-045 Page 1 of 2 Anderson Grp. Constr. Mngmt. 8. 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 park 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. 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 Consultant withou# 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 Ciky 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 Consultant further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to comple#e, as part of this contract, the Disclosure of Inferesfs form attached hereto as Exhibit "C". CITY OF CORPUS CHRISTI AND~N GROUP CONSTRUCTION MENT~Ei BY ~ 8 ' g I R. Escobar, P.E. Date nterim Assistant City Manager RECOMMEND D By ~ ~ ~ ~tS Kevin R. S owers Date Interim Director of Engineering Services ATTEST By Armando Chapa, Ci Secretary APP OVED AST FORM By ~ 2 l ~~ty A torney Date De ~b~ on '6~te 1 P.O. x 2682 713 Colman Avenue Corpus Christi, TX 78403-2682 {361 } 882-0469 Office (361}882-0858 Fax 200' „~ ~t~~r~suwcru+ ~ c~vt~xctt......,~~.~~~ ....._.....o....~r ~.... Si:CRETIlRY~~ . Page 2 of 2 EXHIBIT A Construction Contract Administration and Inspection SERVICE SCOPE: Provide one program manager (P.E.), one assistant construction engineer, one senior contractor coordinator, one contract coordinator, and two quality control) inspectors for approximately twelve (12) calendar monkhs. The personnel will provide assistance to the City Engineer through the oversight of City construction projects. This will include the general review of assignment of City construction inspec#ors, daily reports, and contractor progress in accordance with plans and specifications. Typical services will include: a. Attend pre-construction conferences with the City staff, City Engineer, City's design consultan#s and construction contractor's key personnel. Establish communication procedures with City staff, City Engineer, City's design consultants and Contractor. b. Submit monthly reports of construction progress. Reports will describe construction progress in general terms and summarize project costs, cash flow, construction schedule and pending and approved contract modifications. Reports will be incorporated into the Management Information System. c. Maintain a document control system designed to track the processing of contractor's submittals and provide far filing and retrieval of project documentation. Produce monthly reports indicating the status of all submittals in the review process. Send contrac#ar's submittals, including requests for information, modification requests, shop drawings, schedules, and other submittals to the City's design consultants far review in accordance with the requirements of the construction contract documents for the projects. Monitor the progress of the contractor and City's design consultants in sending and processing submittals to see that documentation is being processed in accordance with schedules. d. Review contractor's application far payment and recommend payment in accordance with the procedures in the construction contract documents. e. Monitor contractors' compliance with minimum wage rate requirements as required by the construction contract documents. f. Establish and maintain a project documentation system consistent with the requirements of the construction contract documents, including daily construction reports and tracking corrections of defective work. g. Provide a full time on-site representative to serve as project contract administrator and #o observe the construction of the project to determine that the completed project will meet the requirements of the contract documents. Provide documentation of observations made while at the site. h. Assist in the transfer of and acceptance by the construction contractor of any City- furnished equipment or materials. i. Establish and administer quality assurance procedures in accordance with the construction contract documents. Notify contractors of non-conforming work observed. Take action to initiate corrective procedures for defective work, coordinate special materials tests and performance tests needed to obtain a quality project. j. Review quality related documents provided by the contractor such as test reports, equipment installation reports or other documentation as required by the construction contract documents. k. Establish procedures for administering constructive changes to the construction contracts. Process contract modifications and negatia#e with the contractor on behalf of the City to determine the cost and time impacts of these changes. Prepare changelfield order documentation far approved changes for execution by the City based on information provided by City's design consultants. I. Routinely examine the contractor's "as-built" drawings to determine that information appears to be recorded in an accurate and timely manner by the contractor as required in the construction contract documents. See that these drawings are Exhibit A Pa e 1 of 3 provided to the City's design consultants at the completion of the project so they can revise the original construction drawings in accordance with the information furnished by the construction contractor to reflect changes made in the projeck during construction. m. Assist in project completion activities a# the conclusion of construction. Observe completed construction for general conformance with the design concept and prepare a list of deficiencies to be corrected by the contractor before final payment can be recommended. Assist the City in obtaining legal releases, permits, warranties, spare parts, and Keys from the Contractor. n. Permits, Insurance and Labor Affidavits -Consultant will monitor the progress of the contractor(s) in securing required building permits, insurance, and labor affidavits. o. Contractor Construction Schedules -Consultant will review and familiarize itself with the detailed construction schedule of the contractors and sub-contractors within the framework of the Consultant's Master Schedule. p. Contract Administration, Construction Phase Procedures, and Scope of Services - Consultant will assist with coordination and communication among facility managers, Consultant, City, design professional(s), and contractor(s) and other appropriate parties in accordance with the City's objectives of #ime, quality, and costs. q. Construction Site Meetings -Consultant will attend periodic construction site meetings. r. Coordination of Other Independent Consultants -Consultant will assist the City Engineer with coordination of technical inspection and testing, including field testing, provided by design professional(s), or other third parties retained by City. s. Removal of Asbestos or any other Hazardous Material -The Consultant will only provide assistance in coordinating removal work, if any, with other ongoing activities. The Consultant will not be responsible for performing any asbestos or hazardous material administration, abatement, monitoring, management, removal, encapsulation, mitigation, or disposal activities. The Consultant will not be responsible far any failure of contractors}, sub-contractors, design professionals, asbestoslhazardous materia! firms, or other third parties to adhere to any regulatory requirements. t. Progress Payments -Consultant will make observations at the site and upon applications for payment by contractor(s), which will include certified payrolls, Consul#ant will review the payment request for accuracy and progress of the work and forward its recommendations concerning payment to City Engineer. u. Monthly Job Progress Report -Consultant will prepare a daily inspection report and a monthly progress report for submission to the City Engineer, in writing, on the status of jab site progress. A copy of the report will be forwarded to the City Engineer, or his designee. lncluded in the reports will be Consultant's review of contractor's progress payment requests, a status report on all incomplete change orders, and an evaluation of the Program Master Schedule. The report will also discuss any disputes, conflicts, or claims relating to the project. The report will also Mote any actual or anticipated departures from the most recent prior City-approved schedule of work. v. Change Order Control -Consultant will assist the City Engineer with change order{s}, w. Shop Drawings -Consultant will familiarize itself with approved shop drawings for use during inspections. Shop drawings, as used here, will include vendor's drawings, catalog cuts, manufacturer's literature, samples, mock-ups and other materials submitted by contractor{s). Design professional{s} will be the responsible parties for technical review and approval of shop drawings including, where appropriate, shop inspections and releases. x. Claims -When requested, Consultant will assist the City Engineer with review the contents of any construction claim submitted. Exhibit A Pa e 2 of 3 FEE; 1. Fee for Basic Services. The City will pay the Consultant a fee for providing for ail services authorized as per the table below. The fees will not exceed those identified and will be full and total compensation for all services outlined in Service Scope section above, and for all expenses incurred in performing these services. For services provided Consultant will submit monthly statements for basic services rendered. Service will be based on an hourly rate based upon a fixed 43 hours per week with the exception of the Project Principal. The Project Principal wilt be invoices based on actual hours not to exceed two (2) hours per week. City will make prompt monthly payments in response to AIE's monthly statements. Z. Fee for Additional Services. For services authorized by the Director of Engineering Services, the City will pay the A/E anot-to-exceed fee as per the table below: ~. summary or rees Fee for Basic Services Total Authorized Fee $1,242,320.00 4. Hourly Rate Position Hourl Rate Project Princi al $150.00 Pro ram Mana er $120.00 Assistant Construction En ineer $90.00 Senior Contract Coordinator $88.00 Contract Coordinator $78.00 Qualit Controlllns ector $62.00 Qualit Controlllns ector $62.00 TERM: The contract term will begin February 1, 2008 and extend until terminated. Exhibit A Pa e3of3 Exhibit B Mandatory Requirements (Revised September, 2Q01) INSURANCE REQUIREMENTS CONSULTANT LIABILITY INSURANCE A. The Consultant shall not commence work under this Agreement until helshe has obtained all insurance required herein and such insurance has been approved by the City. Nor shall the Consultant allow any subconsultant to commence work until all similar insurance required of the subconsultant has been so obtained. B. The Consultant shall furnish two (2) copies of certificates, with the City named as an additional insured, showing the following minimum coverage in an insurance company acceptable to the City. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all Bodily Injury and Property Damage cer#ificates Commercial General Liability including: $2,000,000 COMBINED 51NGLE LIMIT 1. Commercial Form 2. Premises -Operations 3. Explosion and Collapse Hazard ' 4. Underground Hazard 5. Products) Completed Operations Hazard 6. Contractuallnsurance 7. Broad Form Property Damage 8. Independent Consultants 9. Personallnjury Professional Liability $2,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS= WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH If OF THIS EXHIBIT EMPLOYERS' LIABILITY $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include (] REQUIRED long-tern environmental impact for the disposal of [X] NOT REQUIRED contaminants BUILDERS' RISK See Section B-6-11 and Supplemental Insurance Requirements [ ]REQUIRED [X] NOT REQUIRED Exhibit "B" -Insurance Requirements Page 1 of 3 1NSTALLATiON #=LOATER $1pp,ppp Combined Single Limit See Section B-fi-11 and Supplemental Insurance Requirements [ ] REQUIRED [X] NOT REQUIRED C. In the event of accidents of any kind, the Consultant shall furnish the City with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. II. HOLD HARMLESS A. Consultant agrees to 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, Habilities, 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 work 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. B. The Consultant shall obtain workers' compensation insurance coverage through a licensed insurance company or through self-insurance obtained in accordance with Texas law. If such coverage is obtained through a licensed insurance company, then the contract for coverage shall be written on a policy and endorsements approved by the Texas State Board of Insurance. If such coverage is provided through self-insurance, then within ten (10) calendar days after the date the City requests that the Consultant sign the contract documents, the Consultant shall provide the City with a copy of its certificate ofauthority toself-insure its workers' compensation coverage, as well as a letter, signed by the Consultant, stating that the certificate of authority to self-insure remains in effect and is not the subject of any revocation proceeding then pending before the Texas Workers' Compensation Commission. Further, if at any time before final acceptance of the Work by the City, such certificate ofauthority to self-insure is revoked or is made the subject of any proceeding which could result in revocation of the certificate, then the Consultant shall immediately provide written notice of such facts to the City, by certified mail, return receipt requested directed to: City of Corpus Christi, Department of Engineering Services, P. O. Box 9277, Corpus Christi, Texas 78469 -Attention: Contract Administrator. Whether workers' compensation insurance coverage is provided through a licensed insurance company or through self-insurance, the coverage provided must be in an amount sufficient to assure that all workers` compensation obligations incurred by the Consultant will be promptly met. 6` Q~~ilrla ~~c Qic4 rrwAe~•~lf a• Tnr~n~ ~l~n n4 mill hey ren nnr~nih le fnr nrnuie-limn h~ i ilrler~n rinL ~nll p,~~ n i h n .4 nr ~~er~rL Ri iilrl n r ~ P n e ~+hnll he nn ~~All 1 7 io L~~ fnrm ~a • ,~ T ~~~ ~~w ~ ~ ~ nt lene.+ in +he mm~~ ~n+ of h~ i4 reF r' ~ x ~ e S s age Exhibit "B" -Insurance Requirements Page 2 of 3 L ~ W ~ 0 ~ N w ~ p + w a ~ r. a~ ~ ~ ~ .~ ~ n m ~. ~ ~ b ~~~ a v v c 'o F- ~ c N d ~ v O ._ ~~ O Ol ~ L C a - ~ v O ' ~ ~ a W *~' O a L c c ~ V ~ M U W ~ N ~ O O r Q N ~ZZ q} a ~., ~ O z w ~ d 'o !' '^ •y ~ C ~a a a C Q g r O U O Z -a a ++ C O V 0 0 O T 0 0 ~ 0 0 0 0 0 0 M 0 ~n N 0 o 0 0 o 0 a 0 o o o r ~- O a M 4 r- r C c~ N 0 0 ° ° o o Q Q ^ ^ ^ o ° a ° 0 m m o a o o ~n u~ m u~ u~ o ~ ~ ~ ~ ~ ~ ~ ° Q ° ° 0 O ° ° ^ ^ ^ ° ° ° o o o 0 rs ~ o o ~ ~ `~ `~ H F- F- r r f ~ 6F} H} Ef} EH o a o o ° 0 0 ^ ^ ^ ° ° ° ° s~ a ~ o o n o ~ n O O O O O O O h Q © Q h O h h O O O O tl) O N N ~ {A ~ O C m m m h N I G1 O O h ~ N O r D ~, ~, ~ A r M M OO N r r ~ 00 d' N ~ ~ ~ ~ ~ ~ O ~ a ^ ^ ^ ~ N ti ff} H O LQ N N N O N C~ ~ ~ ~ CO N Cfl 00 ~ ~ ~ ~ r r N ~ ~ ~ ~ 0 0 0 0 o a o o ^ ^ ^ 0 0 0 0 M M ~-' F- ~ '~ e-- r r r ~ ~c- N ~ ~ ~ ~ ° 0 0 ° ° ° ° ^ ^ ^ o ° o 0 Q o o o ° ° o a 0 0 ~n u~ o o ~ ~ ° o 0 0 ~ r N N ~ N N Cp N 00 fFT f!3 Ef? {f} {f} 6'~ N V N c~6 N N ~ ~ ~ d V ~ a ~ Ll. U . N ~ ~ _~ c ~ rn a L ~ ~ o m ~ ~ m U <A N U ~ ~ ~ LL . O N ~ ~ ~ ~ o .u !} d ~ C ~ C ~ ~' ~ O ~ ~ (~ Q ~ ~ C LL O ~ C ' ~ rn ~ Q ~ eC ~ U? p 0 ;=• ` ~ ~ ~ ~ ~ ~ °~ ^ U O a U ~ Q a ~ ~ ~ ~ u i ~ a 0 cn ~ v> rn ~ m ~ Q o ~ ~ ~ O L ~ w ~ c~ a CITY OF CORPUS CHRISTI ~-~ DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17'E'l2, as amended, requires all persons or firms seeking to do business wins the City to provide the following information. Every question must be answered. Ef the question is not applicable, answer with 'NA'. FlRM NAME: STREET: ~ ZIP: FlRM is: t . Corporation ^ 2. Pa ership ^ 3. Sole Owner o ~4. Associati D ~` 5. Other v DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate she 1. State the names of each "employee" of the City of Corpus Christi having an "ow ip interest" constituting 3% _ or more of the ownership in the above named "firm". Name Job Tide and City Department C~ } 2. Stale the names of each "official" of the City of Corpus Christi ving an "ownership irterest" constituting 3°la or more of the ownership in the above named "f"irm". Name Tide 3. State the names of each "kboaM member' of the of Corpus Christi having an "ownership interest" constituting 8% or more of the owners m ve ed "firm». iV~gtre ~ ard, Cornmissiors or Cammiltee 4. Stage the names of each employe matter related to the subject of ownership in the above named " Name , CERTfFICATE t certify that all infom~ation provided i$ true and correct as of the date of this statemerrt, that I have not Imowingly witfiheld dsdosure of any inforrna6on re>au ,and that supplemental statements ~ prornp~tiy submitted to the City of Corpus Christi, Texts changes o ~, Certifying {Type or Prirrt} Signature of Certifjring• Person:_ ofhcer of a "consuitant° for the City of Corpus•Christi who worfced on any contract and has an "ownership interest" constituting 3% or more of the Cansudant