HomeMy WebLinkAboutC2012-011 - 1/24/2012 - 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 AGICM,
Inc. a Texas corporation, 713 Coleman, Corpus Christi, Nueces County, Texas 78401,
Construction Manager /Inspector, hereby agree as follows:
1. SCOPE OF PROJECT ( Project 8657, ON Stevens Water Treatment, Plant Facility
Alterations
O.N Stevens Facility Alterations consisting of the following:
Consists of all Work for an addition and the remodeling of the existing Filter Building
Facility including demolition of existing interior walls, aluminum storefront, and flooring
and asbestos abatement. The addition shall include site clearing and stripping; concrete
paving, landscaping and irrigation, aluminum security fencing, water features, termite
control; cast -in -place concrete; suspended structural concrete slab on void forms and
drilled piers; metal fabrications; rough carpentry; finish carpentry and architectural wood
casework; liquid applied vapor barrier; blanket insulation and foamed -in -place
insulation; gutters and downspouts; modified bitumen roofing; fire stopping; joint
sealants; standard steel doors and frames; flush wood doors; aluminum storefront; door
hardware; glazing; gypsum board assemblies; ceramic tile; terrazzo tile; VCT flooring
and carpeting; suspended acoustic ceiling systems; paint and coatings; hole less
hydraulic elevator; mechanical systems; plumbing system and fixtures; fire sprinkler
system; electrical power system and lighting fixtures; final site clean -up and proper
disposal of debris /waste.
2. SCOPE OF SERVICES
The Construction Management Firm (CM) hereby agrees, at its own expense, to
perform construction management/inspection services necessary to manage the
construction process of this project. In addition, CM will provide monthly status updates
(project progress or delays, Gantt charts presented with monthly invoices, confirm
changes to the Contractor's contract, confirm monthly draws by the Contractor) and
provide contract inspection services, as described in Exhibit "A" to complete the
Project. Work will begin on these Services upon award of project to the successful
Contractor and written authorization is provided by the Director of Engineering Services.
3. ORDER OF SERVICES
The Construction Management firm 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 and subsequently written authorization is provided by the Director
2012 -011
M2012 -021
01/24/12
AG/CM, Inc. INDEXED
of Engineering Services. The anticipated schedule of the construction phase is shown
on Exhibit "A ". This schedule is not to be inclusive of all additional time that may be
required for construction and may be amended only with the concurrence of the Director
of Engineering Services.
The Director of Engineering Services may direct the CM 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. CM shall notify the City of Corpus Christi within three (3)
days of notice if tasks requested requires an additional fee.
4. MANDATORY REQUIREMENTS
CM agrees to the mandatory contract and insurance requirements as set forth in
Exhibit "B ".
5. FEE
The City will pay the CM a fee, as described in Exhibit "A ", for 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 CM at the address of record. In this event, the CM will be
compensated for its services on all stages authorized based upon CM 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 be of maximum benefit to the local economy. The CM 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 force residing outside the Corpus
Christi Metropolitan Statistical Area (MSA.)
8. ASSIGNABILITY
The CM 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 CM staff. If the CM 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 CM fee
may be assigned in advance of receipt by the CM 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 CM without the express written consent of the Director of
Engineering Services.
10. DISCLOSURE OF INTEREST
CM further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to
complete, as part of this contract, the Disclosure of Interests form attached hereto as
Exhibit "C ".
CITY OF CORPUS CHRISTI
Oscar R. Martinez Date
Assistant City Manager
AGICM, Inc.
S Re 7 esentati`ve Da #e
RECOMM DED:
/
Pete Anaya, P. E. Date
Director of Engineering Services
APPROVED AS TO FORM:
It
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Assistant City Attorney & Date
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1201 Z ;. C I .. AU I hUKI'L-
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ENTERED
DEC 19 2011
CONTRACT MANAGERS
EXHIBIT A
CITY OF CORPUS CHRISTI, TEXAS
1. SCOPE OF SERVICES
A. Basic Services
This section defines the scope of services that may be included as part of this
contract. The CM will , with written authorization by the Director of Engineering
Services, do the following:
1. Construction Inspection Services. Provide Project Inspection Services for
the following ON Stevens project per the attached Scope of Services marked
as Exhibit E:
• Project 8667, O.N. Stevens Water Treatment Plant
The project will be constructed concurrently for the most part and inspection
shall include all work being accomplished for this project. The fee is based on
working average hours per month per the attached Exhibit F. Total time
allotted for completion of this project is nine (9) months. The rate includes
labor, telephone, and mileage. The proposed fee is an allowance and billings
will be based on actual time and any required materials.
The records provided under this AIE contract are proprietary and/or
copyrighted and for consultant's use only for the intended purpose of this
project. Any unauthorized distribution of the records is strictly prohibited.
2. FEES
A. Fee for Services. For services authorized by the Director of Engineering
Services the City will pay the CM a not -to- exceed fee as per the table below:
Summary of Fees
Fee for Basic Services
1. Construction Inspection Services $137,606
Total Authorized Fee 1 $137,606
EXHIBIT "A"
Pagel of 1
MENGINEERING OATAEXCHANGE %CLARISSAJIWATER58657 -ON STEVENS FACILITY ALTERATIONSSLARGE AE CONTRACT - AGCMIEXHIBIT A.DOCX
Exhibit B
Mandatory Requirements
(Revised September, 2001)
INSURANCE REQUIREMENTS
CONSULTANT LIABILITY INSURANCE
A. The Consultant shall not commence work under this Agreement until
he /she 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
certificates
Commercial General Liability including:
$2,000,000 COMBINED SINGLE LIMIT
1. Commercial Form
2. Premises — Operations
3. Explosion and Collapse Hazard
4. Underground Hazard
5. Products/ Completed Operations Hazard
6. Contractual Insurance
7. Broad Form Property Damage
8. Independent Consultants
9. Personal Injury
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 11 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
[ j REQUIRED [X] NOT REQUIRED
INSTALLATION FLOATER
$100,000 Combined Single Limit
See Section B -6 -11 and Supplemental
Insurance Requirements
Exhibit "B" - Insurance Requirements
Page 1 of 3 EXHIBIT "B"
Page 1 of 3
] 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.
HOLD HARMLESS
A. Consultant agrees to indemnify, save harmless 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 reasonable 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 performed in a negligent manner. 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 of authority to self - 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 of authority 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.
Exhibit "B" - Insurance Requirements
Page 2 of 3 EXHIBIT "B"
Page 2 of 3
I Ivan
2 a m 1
We
e
.. •-
Exhibit "B" - Insurance Requirements
Page 2 of 3 EXHIBIT "B"
Page 2 of 3
an add a +ienal inns ire d nn nnv peliGy preyidiRg s lnh ine+1 rrnnnn nnvnrnge
On the certificate of insurance:
+ The City of Corpus Christi is to be named as an additional insured on the liability
coverage, except for workers' compensation coverage.
• Should your insurance company elect to use the standard ACORD form, the
cancellation clause (bottom right) shall be amended by adding the wording
"changed or" between "be" and "cancelled" and deleting the words "endeavor to" and
the wording after "left ". If the cancellation clause is not amended in the ACORD form,
then endorsements shall be submitted.
• The name of the project also needs to be listed under "description of operations ".
At least 10-day written notice of change or cancellation will be required.
IV. A completed Disclosure of Interest must be submitted with your proposal.
Exhibit "B" - Insurance Requirements
Page 3 of 3 EXHIBIT "B"
Page 3 of 3
n SUPPLIER NUMBER
TO BE ASSIGNED BI
PURCWITNG DIVISION
City of CITY OF CORPUS CHRISTI
Corpus
Christi 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: AGCM, Inc.
P. O. BOX:
STREET ADDRESS: 713 Coleman Avenue
CITY: Corpus Christi
ZIP: 78403
FIRM IS: I. Corporation X 2. Partniership ❑ 3. Sole Owner F-1 1:1 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
EXHIBIT "C"
Page I 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, 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:
Signature of Certifyii
Person:
esident
Date:
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.
"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."
"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.
EXHIBIT "C"
Page 2 of 2
O.N. STEVENS WATER TREATMENT PLANT FACILITY ALTERATIONS
Project No. 8657
Invoice No. 12345
Invoice Date:
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
- o rn
Al K
cs� s
o is
s rt
O
�v
Total Amount Previous Total Percent
Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete
$0
$0
$0
$0
$0
$0
$0
n/a
0
0
0
0
0
0
0
n/a
0
0
0
0
0
0
0
n/a
0
0
0
0
0
0
0
n/a
n/a
137,606 0 0 137,606 50,000 0 50,000
$137,606
$0
$0
$137,606
$50,000
$0
$50,000
36%
$0
$0
$0
$0
$0
$0
$0
n/a
0
0
0
0
0
0
0
nla
0
0
0
0
0
0
0
n/a
0
0
0
0
0
0
0
n/a
0
0
0
0
0
0
0nia
TBD
TBD
TBD
TBD
TBD
TBD
0
0%
TBD
TBD
TBD
TBD
TBD
TBD
TBD
0%
$0
$0
$0
$0
$0
$0
$0
n/a
$137,606
$0
$0
$137,606
$50,000
$0
$50,000
36%
0
0
0
0
0
0
0
$137,606
$0
$0
$137,606
$50,000
$0
$50,000
36%
Exhibit E
Scope of Services
AG l CM, Inc.
Project No. 8557
Project Management Services
I. Design Development Phase — Not Included
II. Construction Document Phase — Not Included
III. Bid Proposal Phase — Not Included
IV. Exclusions — Not Included
V. Construction Phase Services
a. Review and approve safety submittals and procedures inclusive of Safety Coordination
Meetings
b. Monthly Safety Audits
c. Monitor Submittal Process (Submittals to be managed by Design Engineers)
d. Review and approve Construction Schedule
e. Review and approve Schedule of Values
f. Review and approve Progress Payments
g. Review and approve requests for changes from Contractor, Owner, and Designers and
submit for Owner's approval any recommended changes to the Contractor's contract
In. Monitor Daily Work and require Weekly Jobsite Meetings
i. Document non, conforming & deficient work
j. Final review and Punch List review
k. Substantial Completion Review
I. Final Acceptance
m. Approval of Retainage Payment
VI. Reports to Owner
a. Weekly Reports to Owner describing work in progress on a daily basis
b. Monthly Schedule Updates
c. Monthly Payment Reviews and Recommendations
d. Non - Conforming & Deficient Work Report (immediately upon discovery)
EXHIBIT "E"
Page 1 of 1
AGICM, Inc.
ON Stevens Project No. 8657
Construction Management Services
Year Year Year Year Total
Title /Positionlitem 2011 2012 2013 2014
PERSONNEL
00
1et Rrn µ
$7,644
$15,2$8
$0
$0
$22,932
0
Sr. Project Advisor, PE
$0
$0
$0
$0
$0
0
0
0
Sr. Project Manager, PE
` :" > °'°
r MIc am - _9 a
Program Manager
$0
$18,700
$0
$0
$88,200
$0
$0
$0
$0
$0
$0
$0
$0
$106,900
$0
0
Project Manager
$0
$0
$0
$0
$0
0
Construction Manager
$0
$0
$0
$0
$0
0
Assistant Construction Manager
$0
$0
$ D
$0
$0
0
Superintendent
$0
$
_
$0
_ $0
$0
0
Assistant Superintendent
$0
$0
_ $0
$0
$0
0
Project Scheduler
$0
$0
$0
$0
$0
0
Scheduler II
$0
$0
$0
$0
$0
0
Quality Control /Inspector
$0
$0
$0
$0
$0
0
Constructability Reviewer
$0
$0
$0
$0
$0
0
MEP Consultant
$0
$01
$0
$0
$0
D�fs�t�knato
=W:-
$1,989
$5,783
$0
$0
$7,772
0
Senior Estimator
$0
$0
$0
$0
$0
0
Estimator III
$0
$0
$0
$0
$0
0
Estimator II
$0
$0
$0
$0
$0
0
Estimator 1
$0
$0
$0
$0
$0
0
Administrative Assistant
$0
$0
$0
$0
$0
0
CM Intern
$0
$0
$0
$0
$0
D
Chief Executive Officer
$0
$0
$0
$0
$0
Manhour Subtotal
$28,333
$109,271
$0
$0
$137,606
EXHIBIT "F"
Page 1 of 1