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HomeMy WebLinkAboutC2010-483 - 12/7/2010 - ApprovedCITY OF CORPUS CHRIST! 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 AGCM, Inca, a Texas corporation, (ArchitectlEngineer - AIE), hereby agree as follows: ~ . SCOPE OF PROJECT ADA Sidewalk Accessibility Improvements Along Staples Street from Louisiana Avenue to Six Points and Water Street from Cooper's Alley to IH 37 {BOND 2004) (Project No. fi391 and 6443} The scope of this project consists of providing Construction Managementllnspection services. The Consultant will provide the following services: field observation of construction work to determine of work is per the contract documents and submit comments to the City andlor Project Designer for clarification of documents issued for construction; assess and determine issues of conflict and review and comment on Contractor's schedule; administer and recommend approvalldisapproval of contractor pay requests; manage and report required TxDOT information and forms; coordinate with the City selected RAS Consultant; and attend construction progress review meetings and report progress of work with daily jobsite reports. 2. SCOPE OF SERVICES The AIE hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, AIE will provide monthly status updates (project progress or delays, gantt charts presen#ed with monthly invoices) and provide contract administration services, as described in Exhibit "A", to complete the project. Work will not begin nn Additianal Services until requested by the AIE (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. AIE services will be "Services for Construction Projects"- (Basic Services for Construction Projects")which are shown and are in accordance with "Professional Engineering Services- A Guide to the Selection and Negotiation Process, X993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The AIE 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 AIE 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 '"-~"• •'--~' s-- -~~ _,__ _ _ ~,y the City staff and may be amended by or with the concurrence of 2010-483 ring Services. M2010-290 12/07/10 roject fi151) AAA Sidewalk Access Imprvs. along Staples from Six Pts to l.ouisiana5l,arge A[:• AGCMILARGB AE CONTRACT.doc AGCM ~~~~~ The Director of Engineering Services may direct the AIE to undertake additional services ar 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. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE AIE agrees to the mandatory contract indemnification and insurance requirements asset forth in Exhibit "B". 5. FEE The City will pay the A/E a fee, as described in Exhibit "A", for providing services authorized, a total fee not to exceed $99,450.00 (Ninety-Nine Thousand Four Hundred Fifty Dollars and Zero Cents). 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 AIE at the address of record. In this event, the AIE will be compensated for its services on all stages authorized based upon AIE and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services ~e of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA}. Additionally, no more than 25% of the work described herein will be performed by a labor farce residing outside the Corpus Christi Metropolitan Statistical Area (MSA.} 8. ASSIGNABILITY The AIE 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 A!E staff, If the AIE 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 AIE fee may be assigned in advance of receipt by the A/E 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. H:U{OM81KeIly01GEN15TREET516391-(Pazent project 6151) ADA Sidewalk Access Imprvs. along Staples from Six Pts to LauisianalLarge AE- AGCMILARGE AE CONTRACT.doe ~, 9. OWNERSHIP OF DOCUMENTS Aq 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 AIE without the express written consent of the Director of Engineering Services. However, the A!E 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 reuse of modified plans. 10. DISCLOSURE OF INTEREST AIE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Inferesfs form attached as Exhibit "C". C~ITY/OF CORP S CHRISTI Juan Peral s Jr., P.E. Date Assistant City Manager RECOMM NDED i sff /~v Pete Anaya, P.E. Date Director of Engineering Services ATTEST Armando Chapa, City Secretary A Ed Labay (_ Date Vice President Projects 713 Coleman Avenue Corpus Christi, TX 78403 (361 } 882-0469 Office (361 } 882-0858 Fax ~''~~ ~~Q AtJrffO~l~F~ ~~ ~~t1~'Cll...~~' ~~ ..CCa.rg~r.~lyyg~~.r7,"~by"' ~ ~LCwGi~R ENTERED APPROVED AS TO FORM `~" NOV 0 ~ X01 ~~~~~ City Attorney Date CONTRACT ~ANA~~R ~Ga~QI A /`-1C~ W:VHOMESKetiyGlGE1\'VSTREET516391-(Parent project 6151) APA Sidewalk Access Imprvs. along Staples ffam Six Pts ro Lauisianall.arge AE- AGCMSLARGE AE CONTRACT.dpc AGIc 10/19/10 Mr. Dan Giles, PE Assistant Director of Engineering City of Corpus Christi 124I Leopard St. Corpus Christi, Tx 78401 e t! ~ ~ 7l3 Caletnan Avenue RC3. Hox 2682 Corpns (:hristi,']"exas 78903 QFc 3611882-0969 t=ax 3G118a2-oe5$ tvw~v.ag4m.cc Re: ADA Sidewalk Accessibility Improvements Along Staples Street From Louisiana Avenue to Six Points ~: Water Street From Coopers Alley to IH 37 {Project No. 6391) Dear Mr, Biles, AG~CM, Inc, is pleased to have the opportunity to propose Construction Support Services far City of Corpus Christi an the alcove referenced project. Gur firm will provide the personnel to perform the scope of Cansiruction Management/lnspection services for the casts indicated as outlined in the attached man hoax estimate. 'I'l~e specific project is ADA Sidewalk Accessibility Improvements Along Staples Street Fronx Laufsinna Avenge to Six PaK~3ts & Water Street From Coopers. Alley to II=I 37. Our Cost PropasaI is based an 26 hours per week for 45 working weeks tu}d is outlined in the attacE-ed rnan hour estimate. 't'he added 6 how's per weep is considered for the paperwork required ofTXDOT. Again, we greatly appreciate your confidence and the prospect of eontinuit~g to provide professional services to t11t; City of Corpus Christi. Please da not hesitate tea contact me with any questions you may have. Kind Regards, >~d Labay Vice President Projects 361-882-Q469 361-8I6-8307c elabay@agcm.cc r~tnailw~j~emrn f hnatldikn d l~riw o ~v r Y~~'i1PHx~ tStt EXHBIT "A" Pa e 1 of 8 AG~CM, Inc. ADA Improvements Project No. B391 Project Management Services Year Year Year Year Total TitlelPosition 2010 2011 2092 2013 Construction Phase D Project Principal $D $0 $0 $D $D D Sr. Project Advisor, PE $0 _ $0I $0 $D $0 0 $D Sr. Project Manager, PE $D $0 $0 - $D 0 . Sr. Construction Managerllnspector - $15,47D _ . _ .. $0 $83,98D - $0 $99,450 0 Program Manager , __ $0 $0 $0 ~ $D µ $D 0 _ Project Manager _ $0 - $0 _ $0 ~ $0 $D D Construction Manager $0 _ $0 _ $0 $0 _ $0 4 - Assistant Construction Manager $0, $0 _ $0 $0 $0 0 0 Superintendent_ Assistant Superintendent $0 $D $0' $D $0 $0~ _ $D _.$D ' _ $0 $D 0 _ Project Scheduler ~ $D $D $0 _ $0 $D 0 Scheduler II $D _ $0 $0 $0 $0 D _ _ Quality Controlllnspeclor $Q _ $0 ' $D~ _ $0 $D 0 -- _ Constructability R®viewer $0 _- $D $0 .~ $D _-$0 0 $0 MEP Consuktant _ $0 $D .. $D _ _ $D 0 _ $0 Chief Estimator $0 ___ $0 _ __ $0 - $0 D _ __ $0 Ssnior Estimator __ $0; $0 _ _ $0 $0 D _ _ Estimator Ilk $O V $D' _ __$0 $0 _ $0 0 _ _ Estimator Il _ $0 $D ___ _ ~ $0 j $0 _ $0 - 0 Estimator I _ $0 $D _ $D $0 $0 W 0 ssist a nt Administrative A _ $0 $0 $D __ _ $0 $0 0 _ _ _ _ CM Intern $D $0 $0 $D $0 Manhour Subtotal $95,474 - $83,980,, $0 $0 $99,450 D PROJECT SPECIFIC $o $o $o $o $o $D .. $0 $D _ _ $0 ._... _..-$0 $0 $D -- ~ -- $D -- _ $o _ _ ~D $D $o $a $D $o $D $D $0 .. $D -_ . _ ..__ _ . - $D $D $a ~-- -- $D $D . $o $D $D ~D .. $o $o $o .-_ ~ $o. $D . __ $D $D $o $D _._m-_ $0~ $0 ~ $D° $0 $D $0 E GENERAL CONDITIONS $0 $0' $D $D -- - ----- _ $0 ~ $0 $~; - _~ $0 ---- ~ $0~ $0 $0 _ $_0 Project Specific Subtotal $0 $0 $OI $0 $0 Yaarly Estimate Totals $16,474' $63,980 $0 $OF $99,450 Total Manhours 1,170 ProjecE Total $99,450 Attachment MN Estimate AUA improvements t'ro~ No ti34i9Fiev 1_1 EXHIBIT "A" Pa e2of3 AGJCM, Inc. ADA Improvements Project No. 8391 Project Management Services TillalPasition Avg Bill Rake Staff Lsgend Year Year Year 2010 2011 2012 $85.00 Attachment 1 MH r=stimate ADA Improvements Proj No 6391Rev 1_1 Year f Iota! 2013 >=xrrrsr7 ~°a°~ Pa e3of3 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR AIE PROFESSIONAL SERVICESICONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B, Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the fallowing minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Written Notice of Cancellation, Bodily Injury & Property Damage non-renewal or material change required Per occurrence - aggregate on all certificates COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises -Operations 3. Products! Completed Operations 4. Contractual Liability 5. independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired -Non-owned vehicles PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions WORKERS' COMPENSATION $1,000,000 per claim 1$2,000,000 aggregate {Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting periad provisions and identify any limitations regarding who is an Insured Which Gomplies with the Texas Workers Compensation Act EMPLOYERS' LIABILITY 000150D,0001500,OOD C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. EXHIBIT "B" Pa e 1 of 3 D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas [aw. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers` compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, 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 Tess than A-VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions {except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consuitant shall be required to comply with any such requests and shat[ 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 Carpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 Fax: {36 ~) 826-4555 G. 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: Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; ii. 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; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. H. Within five {5) calendar days of a suspension, cancellation, or non-renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance EXHIBIT "B" Pa e2of3 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. In addition to any other remedies the City may have upon Consultant's failure to provide and main#ain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, andlor withhold any payment{s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible far payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. 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 contract. L. It is understood and agreed tha# the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICAT[ON AND HOLD HARMLESS Consultant shall 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, liabilities, 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 negligent performance of Consultant's services covered by this contract. The foregoing indemnity shat[ 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. EXHIBIT "B" Pa a3of3 SUPPLIER NUMBER ~~ TO BE A55IGNED BY~IT~- ~--~ PURCHASING DIVISION ~-~r City of CITY OF CORPUS CHRYSTI cor~>as 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 pprovide the following informatlon. Every, question must be answered. If the question is nat applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: AGCM P. O. BOX: P.O. Box 2682 STREET ADDRESS: 713 Coleman CITY: Corpus Christi ZIP: 78403 FIRM IS: 1. Corporation ® 2. Partnership e 3. Sole Owner ^ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this paga or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Chrlsti having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Jab Title and City Department (if known) NIA 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 NIA 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 NIA 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi wha worked on any matter related to the sub,~ect of this contract and has an `ownership interest" constituting 3% ar more of the ownership in the above named "firm." Name Consultant NIA EXHIBIT "C" Page 1 of 2 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, employyee or body that has been requested to act in the matter, unless the interest of the City offic;al 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: Ed Labay Title: Vice Fresident Projects (Type or Print) Signature of Certifying Person: DEFINITIONS Date: ~ ~ Z ~ O a. "Board member." A member of any board, commission, ar 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. a "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 ar 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 far the purpose of professional consultation and recommendation. EXHIBIT "C" Page 2 of 2 a W a Z F- ~ V N d 7 r ~ O O O ~ azz ~ W y ,v ~O i-- •~ p ~ J O ~ C aa- 0 V d d ~ ti ~ d C a v _ d ~G .v O ~ H ~ H ~ ~ U O_ ._ ~~ ~ ~ C a - a •" ~ ~ a= ~ L ~' O V N 0 Z a r O Z 'C a U .r+ C O t7 .~ N v .y R m 0 \ 0 o r 0 \ 0 ~ o \ 0 a \ 0 a \ 0 M o \ ~ N 0 \ O 0 \ o 0 \ 0 0 \ o 0 \ O 0 \ r r 0 \ o M 0 \ r r 0 \ N ° 0 0 0 0 0 0 0 ^ ^ ^ 0 0 0 0 o m ' O LLB lf7 ~ ~ ~ ~! } O ~ ~ r r N N C~] ~{} 69 b9 64 O O O 0 0 ^ ^ ^ © O O O E r} ~ O O H3 E~} H3 Ug o 0 0 a 0 0 ^ ^ ^ ° ~ o ~ o o ~° o ~° ° m H H u~ o ~. ~ - I ~ ~ ~ r r ~ O O Q 0 ~ O N N i l~ d' u7 ~ Q1 0 0 l~ ~ N o r CD m m m h N ti Q1 ~ 1-' I-r r M M N r r ~ ~ E g ~ ~ ~ r O ~ o ^ ^ ^ N o ~ 6 ~ ~ o ~ ~ N u ") N N O N (fl ~ ~ ~ CO N CO 00 s- s-~ r r r r N 69 6g ~} b4 O O O 0 E N O ^ ^ ^ N A N N F~ 6 O O O `~ r O r r . I- I--- I-- r r r r r r (1~ 6g H} ER 6F} o o p ^ p o o a o ° o O o ° o ° ° o o ~ n E n a ~ ~ ~ o o o r N CV CD N N CQ N 0p d'3 ER H} 6'3 6R} {,{} v _U ~ ~ 43 C1 N ~ N ~ ro '~ ~ ~ cvn ~, ~ ° ~i LL sn Ci .~ a a 'v i ~ n ~ ~ ~ ~ o ~ u~ ~ ~' ~ m ° m ~ w a' ~ ~ c~a ¢ ~' . ~ si ~ ~ ~ ~ c c ,M o ~ ' g ro w •E rn a N o ~ E ro ~ ~ ~ O o E ~ 0 aNi -a o ~ ~ w ~ vii coo °~ U ~ ~ ~ ~ o a ^ m c~ rr~ a a ~ s aO rn cn tn m ¢ ~ (n ° r- ~ W © LL 0 U F- O cv ~pp~ ~ Q~ ~X c~~ W ~ O '~ .~ W ~ J C7 Z W W Z_ C7 Z W O Z O U