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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 �kz ) � , 1 7 /1 Assistant City Attorney & Date crrr SEcRETAFV 1201 Z ;. C I .. AU I hUKI'L- AC c�r�� 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