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HomeMy WebLinkAboutC2015-392 - 9/22/2015 - Approved • CITY OF CORPUS CHRISTI MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES This Agreement is between 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 and AGCM, Inc., a Texas Corporation, 1101 Ocean Drive, Corpus Christi, Nueces, (Architect/Engineer—NE). WHEREAS, City and NE now desire to enter into a Master Services Agreement (Agreement)for Professional Services to set the terms and conditions that will govern future agreements (Task Order) under the Master Services Agreement; NOW THEREFORE, in consideration of the mutual covenants contained herein,the parties agree as follows: ARTICLE I — PROJECT TASK ORDER 1.1 This Agreement shall apply to as many tasks as City and NE agree will be performed under the terms and conditions of this Agreement. Each task NE performs for City hereunder shall be designated a Task Order. No Task Order shall be binding or enforceable unless and until it has been properly executed by both City and NE. Each properly executed Task Order shall become a separate supplemental agreement to this Agreement. 1.2 The NE shall provide its Scope of Services, to be included in each Task Order. The Scope of Services shall include all associated services required for NE to provide such Services, pursuant to this Agreement, and any and all Services which would normally be required by law or common due diligence. 1.3 Under this Agreement, NE will provide services on a Task Order basis for a range of services related to assisting the Capital Programs Department with professional engineering, architecture and construction services related to execution of the Bond and Capital Improvements Programs. All work will be subject to authorization from City. A detailed Scope of Services and fee estimate will be developed for each task prior to execution of work. 1.4 NE shall comply with City standards, as specified in the UDC or Code of Ordinances, throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Task Order. 1.5 A/E shall perform tasks and submit deliverables as detailed in each approved Task Order. 1.6 NE shall provide all labor, equipment and transportation necessary to complete all services agreed to in a timely manner throughout the term of the Agreement. Additionally, NE shall provide staff for regular, overtime, night, weekend and holiday service, as requested by City. 2015-392 9/22/15 Master Services Agreement M2015-103 Page 1 of 11 AGCM Inc. INDEXED • Persons retained by NE to perform work pursuant to this Agreement shall be employees or subconsultants of NE. 1.7 NE shall not begin work on any Task Order authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. ARTICLE II - COMPENSATION 2.1 The Compensation for all services included in this Agreement and in the Scope of Services for this Agreement shall not exceed $428,480.00 (in numbers), Four Hundred Twenty Eight Thousand Four Hundred Eighty Dollars and Zero Cents (in words). 2.2 The NE's fee for each Task Order will be on a time and materials (T&M) basis with a negotiated not-to-exceed amount. The fees will not exceed those identified and will be full and total compensation for all services outlined in each Task Order, and for all expenses incurred in performing these services. 2.3 NE shall submit a proposal to the City, including a rate schedule, which shall be incorporated into this agreement as Exhibit B, subject to approval by the City. 2.4 Monthly invoices will be submitted in accordance with the Payment Request (Exhibit C). A/E shall submit documentation with the monthly invoice that shows who worked on the Project, the number of hours that each individual worked on the Project and reimbursables for that individual. 2.4.1 Principals may only bill at the hourly rate of Principals when acting in that capacity. Principals acting in the capacity of staff must bill at staff rates. The NE shall provide documentation with each payment request that clearly indicates how that individual's time is allocated and the justification for that allocation. 2.5 The anticipated fee structure under this agreement is as follows: DESCRIPTION NOT TO EXCEED AMOUNT Maximum Contract Amount $428,480.00 Task 1 - Extend Staff Augmentation Services and Provide Project TBD Management Services for 12 months Task 2 - TBD TBD Task 3 - TBD TBD Task 4 - TBD TBD Task 5 - TBD TBD Task 6 - TBD TBD 2.6 All services shall be performed and the applicable standard of professional care set forth in Article X herein and to City's satisfaction, which satisfaction shall be judged by the Director in his/her sole discretion. City shall not be liable for any payment under this Agreement for services which are unsatisfactory and which previously have not been approved by the Director. Master Services Agreement Page 2 of 11 2.7 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, NE shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event NE does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 2.8 Request of final compensation by NE shall constitute a waiver of claims except those previously made in writing and identified by NE as unsettled at the time of final Payment Request. 2.9 Any fee payable under this Agreement is subject to the availability of funds. The NE may be directed to suspend work pending receipt and appropriation of funds. ARTICLE III — INSURANCE REQUIREMENTS 3.1 NE must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. NE must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 3.2 NE must furnish to the Director of Capital Programs with the signed Agreement 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned Master Services Agreement Page 3 of 11 • 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) $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 period provisions and identify any limitations regarding who is insured. WORKERS' COMPENSATION Statutory (All States Endorsement if Company is not domiciled in Texas) Employer's Liability $500,000 /$500,000 /$500,000 3.3 In the event of accidents of any kind related to this agreement, NE must furnish the City with copies of all reports of any accidents within 10 days of the accident. 3.4 Applicable for paid employees, NE must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the A/E will be promptly met. An All States Endorsement shall be required if NE is not domiciled in the State of Texas. 3.5 NE shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at A/E'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- VII. A/E is required to provide City with renewal Certificates. 3.6 NE shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. NE 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: Capital Programs P.O. Box 9277 Corpus Christi, TX 78469-9277 3.7 A/E agrees that with respect to the above required insurance, all insurance policies are to Master Services Agreement Page 4 of 11 • contain or be endorsed to contain the following required provisions: 3.7.1 List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City,with the exception of the workers' compensation policy; 3.7.2 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; 3.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 3.7.4 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. 3.8 Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, NE shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend NE'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. 3.9 In addition to any other remedies the City may have upon NE'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 NE to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to NE hereunder until NE demonstrates compliance with the requirements hereof. 3.10 Nothing herein contained shall be construed as limiting in any way the extent to which NE may be held responsible for payments of damages to persons or property resulting from NE's or its subcontractor's performance of the work covered under this agreement. 3.11 It is agreed that NE'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 agreement. 3.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. ARTICLE IV — INDEMNIFICATION A/E shall fully indemnify, hold harmless, and defend the City of Corpus Christi and its officials, officers, agents, employees, volunteers, directors and representatives ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including Master Services Agreement Page 5of11 • reasonable attorney fees and defense costs, caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by NE or its agent, NE under contract or another entity over which NE exercises control while in the exercise of rights or performance of the duties under this agreement. This Indemnification does not apply to any liability resulting from the negligent acts or omissions of the City of Corpus Christi or its employees, to the extent of such negligence. NE must, at City's option, defend Indemnitee and with counsel satisfactory to the City Attorney. NE must advise City in writing within 24 hours of any claim or demand against City or NE known to NE related to or arising out of NE's activities under this Agreement. ARTICLE V - TERMINATION OF AGREEMENT 5.1 The City may, at any time, with or without cause, terminate this Agreement upon seven days written notice to the NE at the address of record. 5.2 In this event, the NE will be compensated for its services on all Task Orders authorized based upon NE and City's estimate of the proportion of the total services actually completed at the time of termination. ARTICLE VI — RIGHT OF REVIEW AND AUDIT 6.1 NE grants City, or its designees, the right to audit, examine or inspect, at City's election, all of NE's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. A/E agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 6.2 "NE's records" include any and all information, materials and data of every kind and character generated as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, federal and state tax filings for issue in questions and any and all other agreements, sources of information and matters that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 6.3 City agrees that it shall exercise the right to audit, examine or inspect A/E's records only during City's regular business hours. NE agrees to allow City's designee access to all of NE's records, NE's Master Services Agreement Page 6 of 11 facilities and A/E's current or former employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. NE also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 6.4 NE shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE VII — OWNER REMEDIES 7.1 The City and NE agree that in the event of a delay in completion for which the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. 7.2 Pursuant to Article III, the City may assert a claim against the A/E's professional liability insurance, as appropriate. 7.3 The City may withhold or nullify the whole or part of any payment as detailed in Article II. ARTICLE VIII —A/E REMEDIES 8.1 A/E shall not be liable or responsible for any delays due to strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond NE's reasonable control. ARTICLE IX — CLAIMS AND DISPUTE RESOLUTION 9.1 Filing of Claims 9.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 9.1.2 Every Claim of NE, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the NE by his/her signature, verifying the truth and accuracy of the Claim. 9.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 9.1.4 Within thirty(30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to NE. If NE is not satisfied with the proposal presented, NE will have thirty(30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Alternative Dispute Resolution. 9.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, NE shall proceed diligently with performance of the Agreement and City shall continue to make payments in Master Services Agreement Page 7 of 11 accordance with this Agreement. 9.2 Alternative Dispute Resolution 9.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 9.2.2 Before invoking mediation or any other alternative dispute resolution (ADR) process set forth herein, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of any other ADR process. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation ADR process contained herein. 9.2.3 Mediation 9.2.3.1 In the event that City or NE shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 9.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 9.2.3.3 In the event City and NE are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 9.2.3.4 The parties shall share the mediator's fee. Venue for any mediation or lawsuit arising under this Agreement shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 9.3 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE X — MISCELLANEOUS PROVISIONS 10.1 Use of Local Expertise/ Local Professional 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 75% of the professional work and expertise necessary to Master Services Agreement Page 8 of 11 • perform the work under this Agreement will be performed by persons residing within the Corpus Christi Metropolitan Statistical Area (MSA). 10.2 Assignability. The NE will not assign, transfer or delegate any of its obligations or duties in this Agreement 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. 10.3 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. 10.4 Standard of Care. Services provided by NE under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 10.5 Licensing. NE shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 10.6 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement between City and NE and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and NE. 10.7 Disclosure of Interest. NE agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form, Exhibit D. 10.8 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 10.9 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 10.10 Conflict Resolution Between Documents. NE hereby agrees and acknowledges if anything Master Services Agreement Page 9 of 11 contained in the NE-prepared Scope of Services or in any other document prepared by NE and included herein, is in conflict with the terms of this Agreement and/or an approved Task Order, this Agreement and/or the Task Order shall take precedence and control to resolve said conflict. CITY OF CORPUS C TI AGCM, Inc. r � Ale . a 2,3 ,5- r ?etc- J.H. E.monds, P. E. (Dat-) eta nd-rson (Date) Director of Capital Programs CEO 1101 Ocean Drive Corpus Christi, TX 78404 (361) 882-0469 Office APPROVED / Office of Management (D and Budget APPROVED AS TO LEGAL FOR ••!.'1 /.1.f q-4 -LS" 1-12-2.6-1.0 u InLL, As 'tent City ttorney (Date) for City Attorney IIT (ur$ci1. (r ATTEST virA SEE$ TA1.Y, 2_,_11.41.,.12")17-2, , Rebecca Huerta, City Secretary Fund Name Accounting Account Activity No. Amount Unit No. Park& Rec 2013 GO Bd 12 3293-141 550950 E14008 01 3293 EXP 42,848.00 Storm Water 2012A RVBD 3494-043 550950 170673 01 3494 EXP 42,848.00 Storm Water 2012B RVBD 3495-043 550950 160360 01 3495 EXP 42,848.00 Street 2015 GO BD 12 3551-051 550950 E15106 01 3551 EXP 42,848.00 Water 2012B RVBD 4091-041 550950 E12004 01 4091 EXP 42,848.00 Master Services Agreement Page 10 of 11 Water 2013 RVBD 4093-041 550950 E11068 01 4093 EXP 42,848.00 Water 2015 CIP 4096-041 550950 E11066 01 4096 EXP 42,848.00 Wastewater 2012B 4249-042 550950 150164 01 4249 EXP 42,848.00 Wastewater 2013 RVBD 4252-042 550950 E10048 01 4252 EXP 42,848.00 Wastewater 2015 CIP 4254-042 550950 E10054 01 4254 EXP 42,848.00 Total $428,480.00 Master Services Agreement Page 11 of 11 SAMPLE EXHIBIT A TASK ORDER This Task Order pertains to a Master Services Agreement for Professional Services by and between City of Corpus Christi,Texas(City)and"Company Name"(NE)dated September 8,2015(Agreement). NE shall perform services on the project described below as provided in this Task Order and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to the project described below. TASK ORDER NO.: PROJECT NAME: 1. PROJECT DESCRIPTION 2. SCOPE OF SERVICES 3. COMPENSATION This Task Order is approved and NE may proceed. All other terms and conditions of the Agreement remain in full force and effect. CITY OF CORPUS CHRISTI [COMPANY NAME] J.H. Edmonds, P.E. (Date) (Date) Director of Capital Programs TITLE ADDRESS Corpus Christi, TX 78401 PHONE Office RECOMMENDED Operating Department (Date) APPROVED AS TO FORM Office of Management and Budget (Date) Legal Department (Date) Exhibit A Page 1 of 1 • CORPUS CHRISTI -AG CM i ii)1 Ocean Drive (78404 P.O. llux 2682 i:orpus Christi, TX 78103 1 NC OIL: 361;882.0469 Fax 361/884-9358 www.agcm.cc August 31,2015 City of Corpus Christi Attn. Jerry Shoemaker 1201 Leopard St. Third Floor Engineering Corpus Christi, TX 78401 SUBJECT: AMENDMENT FOR STAFF AUGMENTATION—CONSTRUCTION ENGINEERING Dear Jerry: Thank you for the opportunity to propose. We are excited to have the potential to continue our successful relationship with the City. Originally,AGICM committed Gene Perkins for 11 weeks, 40 hours per week for a total not to exceed $48,400. AGICM offers to continue to provide Gene Perkins to the City of Corpus Christi at a rate of $110 per hour, 40 hours per week for an additional 52 weeks, not to exceed$228,800. It is our understanding that Gene will continue to augment City Staff at Construction Engineering. Thank you again for this opportunity and we look forward to continuing the success of City of Corpus Christi. Sincerely, N- an ' inne , PE egional Ma-.ager—South Texas -ate IV it Construction Management Auceiatian of America EXHIBIT"B" Page 1 of 2 CORPUS CHRISTI AG CM 1101 Ocean Drive (7840-1) P.O. Box?68? Corpus Christi, TX 78403 INC Ofc 361/882.0469 Fax 361/884-9358 www.agcm.cc September 4,2015 City of Corpus Christi Attn. Jerry Shoemaker • 1201 Leopard St. • Third Floor Engineering Corpus Christi, TX 78401 SUBJECT: AMENDMENT FOR STAFF AUGMENTATION—CAPITAL PROGRAMS Dear Jerry: Thank you for the opportunity to propose. We are excited to have the potential to continue our successful relationship with the City. Originally,AGICM committed David Ambriz, P.E. for 17 weeks. 24 hours per week for a total not to exceed$48,960. AGICM offers to continue to provide David Ambriz. P.E. to the City of Corpus Christi at a rate of$120 per hour, 32 hours per week for an additional 52 weeks, not to exceed $199,680. It is our understanding that David will continue to serve to augment City Staff on Capital Programs. Thank you again for this opportunity and we look forward to continuing the success of City of Corpus Christi. Sincerely, N, an inne ', PE egional Ma,,ager—South Texas s s Cash-Idiom lianacsment association al America EXHIBIT"B" Page 2 of 2 PROJECT NAME A . Project No. 6511 Invoice No. 12345 1. Invoice Date: Total Amount Previous Total Percent Basic Services: Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete Preliminary Phase $0 $0 $0 $0 $0 $0 $0 0% Design Phase 0 0 0 0 $0 0 0 0% Bid Phase 0 0 0 0 0 0 0 0% Report Phase 0 0 0 0 0 0 0 0% Construction Phase 0 0 0 0 0 0 0 0% Subtotal Basic Services $0 $0 $0 $0 $0 $0 $0 0% Additional Services: Permitting $0 $0 $0 $0 $0 $0 $0 0% Warranty Phase 0 0 0 0 0 0 0 0% Inspection 0 0 0 0 0 0 0 0% Platting Survey 0 0 0 0 0 0 0 0% Reporting 0 0 0 0 0 0 0 0% 4l O & M Manuals TBD TBD TBD TBD TBD TBD 0 0% SCADA TBD TBD TBD TBD TBD TBD TBD 0% Subtotal Additional Services $0 $0 $0 $0 $0 $0 $0 0% Summary of Fees Basic Services Fees $0 $0 $0 $0 $0 $0 $0 0% Additional Services Fees 0 0 0 0 0 0 0 0% - Total of Fees $0 $0 $0 $0 $0 $0 $0 0% 'll MI su x m = (D C-7 o—" ri— 1:;11 SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Chri t; DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City torovide the following information. Everyquestion must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: ALCM,Inc. P.O.BOX: STREET ADDRESS: 1101 Ocean Drive CITY: Corpus Christi ZIP: 78404 FIRM IS: 1. 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) KOIJ L-- 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 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 OC?i•-1 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 kk Consultant ItJr�1�.1 u EXHIBIT"D" Page 1 of 2 ' P • 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) n j Signature of Certifying Date: \ Person: 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. EXHIBIT"D" Page 2 of 2 ___,.......N AGCMI-1 OP ID: CS ACORODATE(MM/DD/YYYY) `,� CERTIFICATE OF LIABILITY INSURANCE 08/27/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ACT Allen Borden,CIC,CPCU Borden Insurance P.O.Box 1066 PHONE aI_c°No,E>n):361-882-6543 • FAX Noli 361-654-2008 Corpus Christi,TX 78403-1066 E-MAIL mail@bordenins.com Allen Borden,CIC,CPCU noDREss; INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Texas Mutual Insurance Co. INSURED AGCM,Inc. Gail&Derwood Anderson, indiv INSURER B:Republic Lloyds P.O.Box 2682 INSURER C: Corpus Christi,TX 78403 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBR. POLICY EFF T POLICY EXP '! LTRTYPE OF INSURANCE INSD WVD POLICY NUMBER '(MM/DD/YYYY) (MMIDD/YYYY) LIMITS B X ' COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE ' $ 1,000,000 X CMP563902707 08/18/2015 08/18/2016','OATdAGETOREF�TE13 300,000 CLAIMS-MADE OCCUR PREMISES(Ea occurrence , $_ C MED EXP(Any one person) $ 10,000 I PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: , GENERAL AGGREGATE $ 2,000,000 —i PRO- -- ---- --- - 1. • POLICY JECT LOC PRODUCTS-COMP/OP AGG_$ 1,000,000 _- 'OTHER: $ AUTOMOBILE LIABILITY ' COMBINED SINGLE LIMIT :'I $ 1,000,000 . liga accident/—-_,_-- B i ANY AUTO CMP563902707 08/18/2015 08/18/2016: BODILY INJURY(Per person) $ ALL OWNED SCHEDULED I BODILY INJURY(Per accident)1$ �_AUTOS ' AUTOS _ X X NON-OWNED PROPERTY DAMAGE—"- - ------__---"- $ _ HIRED AUTOS �I AUTOS _(Per accident] $ X :UMBRELLA LIAB`~X OCCUR I EACH OCCURRENCE $ 5,000,000 B ' EXCESS LIAB -CLAIM - CMP563902707 08/18/2015 08/18/20161 AGGREGATE i S 5,000,000 DED X RETENTION$ 1 ,000 $ WORKERS COMPENSATIONI PERTUTE OTH- • Y NN I A STAER AND EMPLOYERS'LIABILITY I X A i ANY PROPRIETOR/PARTNER/EXECUTIVE TSF0007113650 02/08/2016 E L O2/O8/ZO15' EACH ACCIDENT $ 1,000,000 'OFFICER/MEMBER EXCLUDED? —""------ --- (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes.describe under •DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT ,S 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) ) SEE ATTACHED CERTIFICATE HOLDER CANCELLATION CITY-02 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Corpus Christi ACCORDANCE WITH THE POLICY PROVISIONS. Dept of Capital Programs Contracts/Funds Admin. AUTHORIZED REPRESENTATIVE P.O.Box 9277 Corpus Christi,TX 78469-9277 (1,001.4.i tu-2.0.0....Q.se...„..... Executive Vice President ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD . NOTEPAD. HOLDER CODE CITY-02 AGCMI-1 PAGE 2 INSURED'S NAME AGCM, Inc. OP ID: CS Date 08/27/2015 GENERAL LIABILITY, AUTO LIABILITY, UMBRELLA LIABILITY include the following as required by written contract: Blanket Additional Insured Blanket Waiver of Subrogation Blanket 30 Day Notice of Cancellation, except 10 days for Non Payment of premium WORKERS COMPENSATION includes the following as required by written contract: Blanket Waiver of Subrogation 30 Day Notice of Cancellation, except 10 days for Non Payment of premium • AGCMINC-01 CJOHNSON ACRD~ DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 8/28/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Ames&Gough (Pac°°,No Ext).(61 7)328-6555 FAX No):(617)328-6888 859 Willard Street E-MAIL Suite 320 ADDRESS:boston@amesgough.com Quincy,MA 02169 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Continental Casualty Company(CNA)A(XV) 20443 INSURED I INSURER B: AG/CM,Inc. INSURER C: 1101 Ocean Drive INSURERD: Corpus Christi,TX 78404 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR TYPE OF INSURANCE ADDLSUWBR _ - POLICY EFF POLICYEXPLIMITS LTR INSD VD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES(Eaoccurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE POLICY PRO JECT LOC PRODUCTS-COMP/OP AGG $ -_ OTHER: - - -- $ _--- AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ --- ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ NON-OWNED -PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION S $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE --...� N/A E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? - - (Mandatory in NH) E L.DISEASE-EA EMPLOYEE S If yes,describe under DESCRIPTION OF OPERATIONS below E .DISEASE-POLICY LIMIT S A Prof Liability MCH591883359 01/14/2015 01/14/2016 Per Claim Limit 2,000,000 A MCH591883359 01/14/2015 01/14/2016 Aggregate Limit 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) All Coverages are in accordance with the policy terms and conditions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Corpus Christi ACCORDANCE WITH THE POLICY PROVISIONS. Department of Capital Programs Attn:Velma Pena-Contracts and Funds Administrator P.O.Box 9277 AUTHORIZED REPRESENTATIVE Corpus Christi,TX 78469 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD