HomeMy WebLinkAboutC2014-051 - 2/25/2014 - Approved CITY 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 (Executive Director of Public Works) and AGCM, Inc., a Texas
corporation, 1101 Ocean Drive, Corpus Christi, Nueces County, Texas 78404,
(Architect/Engineer—NE), hereby agree as follows:
1. SCOPE OF PROJECT
Mary Rhodes Pipeline Phase 2 (E10008) - This contract provides pre-construction and
construction observation services. AGCM, Inc. will perform construction observation
services for Pipeline Sections A and B for 16 months. Pipeline Section A will include
construction of approximately 73,000 linear feet of 54" pipeline and approximately 1,900
linear feet of horizontal directionally drilled 48" pipeline. Pipeline Section B will include
approximately 75,000 feet of 54" pipeline.
2. SCOPE OF SERVICES
The NE hereby agrees, at its own expense, to perform professional services necessary to
review and prepare plans, specifications, and bid and contract documents. In addition,NE
will provide monthly status updates(project progress or delays, gantt charts presented with
monthly invoices) and provide contract administration services, as described in Exhibit
"A", to complete the project. Work will not begin on Additional Services until requested by
the NE (provide breakdown of costs, schedules), and written authorization is provided by
the Director of Engineering Services.
NE 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, 1993" 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 NE 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 NE 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
be required for review by the City staff and may be amended by or with the concurrence of
the Director of Engineering Services.
2014-051
2/25/14
Contract for Engineering(NE)Services
M2014-027 Page 1 of 3
EXCHANGEUENNIFERIWATERIE10008 MARY RHODES PIPELINE,PHASE 21AGCMICONTRACT\CONTRACT-MR PIPELINE.DOC
AGCM Inc.
INDEXED
The Director of Engineering Services may direct the NE 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.
NE shall notify the City of Corpus Christi within three (3)days of notice if tasks requested
requires an additional fee.
4. INDEMNITY AND INSURANCE
NE agrees to the mandatory contract indemnification and insurance requirements as set
forth in Exhibit "B".
5. FEE
The City will pay the NE a fee, as described in Exhibit "A", for providing services
authorized, a revised fee not to exceed $1,679,942.00 (One Million Six Hundred
Seventy-Nine Thousand Nine Hundred Forty-Two Dollars and Zero Cents). Monthly
invoices shall be submitted in accordance with Exhibit "C".
6. TERMINATION OF CONTRACT
The City may, at any time, with or without cause, terminate this contract upon seven days
written notice to the NE at the address of record. In this event, the NE will be
compensated for its services on all stages authorized based upon NE 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 NE agrees that at least 70%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 30% of the work
described herein will be performed by a labor force residing outside the Corpus Christi
Metropolitan Statistical Area (MSA.)
8. ASSIGNABILITY
The NE 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 NE staff. If the NE 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 NE fee may be assigned in
advance of receipt by the NE 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.
Contract for Engineering(NE)Services
Page 2 of 3
K:IENGINEERING DATAEXCHANGEWENNIFERIWATER1E10008 MARY RHODES PIPELINE,PHASE 21AGCMICONTRAC11CONTRACT-MR PIPELINE.DOC
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 NE without the express written consent of the Director of Engineering
Services. However, the NE 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 re-use of modified plans.
10. DISCLOSURE OF INTEREST
NE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to
complete, as part of this contract, the Disclosure of Interests form.
CITY Ai,F CORP • HRISTI n j__12----
1 .;n Vleck, P.: ., Date Ed Labay ate
Interim a ssistant Cit Manager Vice President
for Public Works and Utilities 1101 Ocean Drive
Corpus Christi, Texas 78404
(361) 882-0469 Office
RECOMMENDED (361) 882-0858 Fax
A I4ki r"`'/ 2' 10.1,-t
P.
Da 'el Biles L., Date
• •-• tive Dire• •r of Public Works
,.�.4 arlAti I KIK Lt...
,� /�, o, 3Y CAt1NCIL -...........i.2.:51
Oper:ting Depa 1 :1 Date -. re
SECRETARY ,
7t1A4 D E 4 TERED
61de/bp-- A/ FEB 07 2014
f Manageme nt Date Fvn.0 gNt ;:;,
and Budget
ATTEST Project No: E10008
Fund Source No: 550950-4095-00000-E10008
7 2_fii -ec,c--(-- 1\sL146—. Fund Name: Water 2014 CIP
Encumbrance No: F'tQObEP P , 2. 12• +
City Secretary
2e
Contract for Engineering(NE)Services
Page 3 of 3
K:IENGINEERING DATAEXCHANGEIJENNIFERIWATERIE10008 MARY RHODES PIPELINE,PHASE 21AGCMICONTRACTICONTRACT.MR PIPELINE.DOC
CORPUS CHRISTI
AG CM_ l Ocean Drive;78101)
P.O. ILA 2682
t:urpus t heist I X 78103
N C. Olc 361/882-0169
l a\ 161 882-0858
www.agcm.cc
February 5,2014
Mr. Daniel Biles
Executive Director of Public Works
City of Corpus Christi
1201 Leopard St.
Corpus Christi,TX 78401
Re: Corpus Christi Pre-Constniction&Construction Services for Mary Rhodes Pipeline Phase 2
Dear Mr. Biles,
AGICM, Inc. is pleased to have the opportunity to propose Pre-Construction and Construction Support Services
for the City of Corpus Christi on the Corpus Christi Mary Rhodes Pipeline Project Phase 2.Our firm will
provide the personnel to perform construction services for the estimated cost of$1,679,942.00 on Pipeline
sections A&B.The proposal duration is based on 16 months, 14 months for construction phase and 2 months
of the pre-construction phase.
SCOPE OF WORK
AGICM will work hand-in-hand with the FNl Team to ensure continuity throughout the project. It is the
understanding that we will utilize the recommended FNI construction management software for all reporting
and documentation.AGICM will provide Inspection Services during the Construction and Close-Out Phase as
outlined below:
Construction Phase:
• Provide daily oversight and leadership for the successful completion of Sections A& B of the
MRPL2.
• Act as the official City of Corpus Christi liaison to the contractor for Sections A&B. Provide
interface as necessary with Section C and the pump station tie-ins.
• Identify potential construction problems such as coordination with other utilities,scheduling,
and relocation difficulties. Plan and execute all steps necessary to avoid these problems,
including communicating these to FNl and the City.
• Hold regular progress meetings with the contractor to resolve any problems, and conduct
additional meetings, as necessary, to resolve conflicts or specific problems.
• Attend scheduled Construction and Requested Inspection Meetings—Provide representation at
the construction meetings to provide direction and feedback to contractor.
• Review Monthly Contractor's Pay Request—Review the submitted pay request verifying project
schedule,materials,and pay amounts,when requested.
• Review and recommend RFPs for work not identified in contract documents.
• Review draft change orders, as well as monitor and coordinate negotiations.
• Provide daily on-site observation and quality assurance inspection of work in-progress and
determine if the project is proceeding in accordance with the schedule and contract documents.
Verify that completed work conforms to contract document requirements by reviewing Lab&
Viµ
Vlt,� EXHIBIT"A"
a
Page 1 of 2
•
Test Reports.Coordinate and recommend any additional inspection or testing of contractor's
work if required.
• Visually inspect materials prior to installation to ensure they conform to approved submittals
and/or contract documents.
• Report work that is considered unsatisfactory and advise what work should be corrected,
rejected,uncovered for observation,or subject to special tests or inspections.
• Inspect sediment control measures and direct the contractor to take corrective actions to
maintain or contain sediment and erosion control systems in accordance with the approved
sediment and erosion control plan.
• Submit daily field reports and representative photos that document contractor's manpower,
hours on job site, equipment in use,weather conditions,data relative to extras or deductions
in bid items, work in-progress and accomplished, whether work is in conformance with contract
documents,general observations and documentation of testing procedures and results.
• Maintain progress photos/videos of contractor's work.
• Use the Critical Path Method(CPM)to analyze the contractor's proposed path for construction
and review and verify the progress throughout the project.
• Review contractor's initial schedule for general constructability and conformance with contract
documents.
• Review monthly schedule updates to confirm actual dates of start and finish of each activity and
proposed sequence,identify substantial changes to the schedule from prior submittals,
potential obstacles, barriers to construction,critical path issues,and other schedule slippage
issues,as necessary.
• Review all easement documents and ensure that the contractor is abiding by the easement
requirements and special conditions and limits.
• Coordinate with Owner's representative so that property owners along the project alignment are
informed of construction schedule, their questions and concerns are responded to, as well as
assist with public meetings and resolving public complaints.
Close-Out phase:
• Substantial & Final Completion Inspection—Attend and observe the substantial completion and
final completion inspection of the work in-place.
• Review the Final Operations and Maintenance(O&M)Manuals.
The following documents are attached for use:
I. Detailed proposal including estimated man-hours,calendar,and unit rate sheet
2. Organizational chart with resumes
Again, we greatly appreciate your confidence and the prospect of continuing to provide professional services to
the City of Corpus Christi.
Kind Regards,
Marty Schmitt
Field Operations Manager
361-882-0469
361-443-4572c
mschmitt(a�agcm.cc
�'ti a. at
EXHIBIT"A"
Page 2 of 2
EXHIBIT "B"
MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION
FOR A/E PROFESSIONAL SERVICES/CONSULTANT 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 following 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 $1,000,000 COMBINED SINGLE LIMIT
including:
1. Broad Form
2. Premises- Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT
1. Owned vehicles
2.. Hired— Non-owned vehicles
PROFESSIONAL LIABILITY including: $1,000,000 per claim /$2,000,000
Coverage provided shall cover all aggregate
employees, officers, directors and agents (Defense costs not included in face value
1. Errors and Omissions of the policy)
If claims made policy, retro date must be
prior to inception of agreement; have
extended reporting period provisions and
identify any limitations regarding who is
an Insured
WORKERS' COMPENSATION Which Complies with the Texas Workers
Compensation Act
EMPLOYERS' LIABILITY 500,000/500,000/500,000
EXHIBIT "B"
Page 1 of 3
K:\Engineering DataExchangeUENNIFER\FORMS\Exhibit B for Large-Insurance 8 Indemnificetion.docx
•
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.
D. Consultant must obtain workers' compensation coverage through a licensed insurance
company in accordance with Texas law. 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 less than A-Vll.
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). Consultant shall be required to comply with any such requests and shall 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: Risk Management
P.O. Box 9277
Corpus Christi, TX 78469-9277
Fax: (361) 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:
i. 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 policies;
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.
EXHIBIT"B"
Page 2 of 3
K:\Engineering DataExchange\JENNIFER\FORMS\Exhibit B for Large-Insurance&Indemnification.docx
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
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.
I. 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 stop work hereunder, and/or
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 for 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 that the insurance required is in addition to and separate from
any other obligation contained in this contract.
INDEMNIFICATION 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 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.
EXHIBIT "B"
Page 3 of 3
K:\Engineering DataExchange\JENNIFERTORMS\Exhibit B for Large-Insurance&Indemnification.door
Sample rom for
Payment Request
COMPLETE PROJECT NAME Revised 07
Project No.XXXX
Invoice No.12345
invoice Date:
Total Amount Previous Total Percent :
Basic Services: Contract Amd No.1 Mid No.2 Contract Invoiced Invoice Invoice Complete
Preliminary Phase $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100%
Design Phase 2,000 1,000 0 3,000 1,000 500 1,500 50%
Bid Phase 500 0 250 760 0 0 0 0%
Construction Phase 2,500 0 1,000 3,500 0 0 0 0%
Subtotal Basic Services $6,000 $1,000 $1,250 $8,260 $750 $1,500 $2,500 30%
Additional Services:
Permitting $2,000 $0 $0 $2,000 $500 $0 $500 25%
Warranty Phase 0 1,120 0 1,120 0 0 0 0%
Inspection 0 0 1,627 1,627 0 0 0 0%
Plating Survey TBD TBD TED MD TED TBD TBD 0%
O&M Manuals TBD TBD TBD TBD TBD TBD TBD 0%
SCADA TBD TED TBD TBD TBD TED TED 0%
Subtotal Additional Services $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11%
Summary of Fees
Basic Services Fees $6,000 $1,000 $1,250 $8,260 $750 $1,500 $2,500 30%
Additional Services Fees 2,000 1,120 1,627 4,747 500 0 500 11% '
Total of Fees $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23%
oa-
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SUPPLIER NUMBER
TO BE ASSIGNED BY CI FY
PURCHASING DIVISION
City of CITY OF CORPUS CHRISTI
Co t; 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: 1101 Ocean Drive CITY: Corpus Christi ZIP: 78404
FIRM IS: I. Corporation ❑ 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)
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/p{
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
1" i�
•
•
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: Ed Labay Title: Vice President
(Type or Print)
Signature of Certifying Date: 2167/ !�
Person: T
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.