R2024-003 2024-01-09RESOLUTION NO. R2024-3
A Resolution of the City Council of the City of Pearland, Texas, authorizing a
construction management and construction inspection services contract with
AGCM Professional Management Firm, in the estimated amount of
$132,656.80, for the Alice Street Water Operations Building.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for construction management and construction
inspection services associated with the Alice Street Water Operations Building, a copy of which is
attached hereto as Exhibit “A” and made a part hereof for all purposes, is hereby authorized and
approved.
Section 2. That the City Manager or his designee is hereby authorized to execute, and
the City Secretary to attest, a contract for construction management and construction inspection
services associated with the Alice Street Water Operations Building.
PASSED, APPROVED and ADOPTED this the 9th day of January, A.D., 2024.
________________________________
J.KEVIN COLE
MAYOR
ATTEST:
________________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
________________________________
DARRIN M. COKER
CITY ATTORNEY
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SECTION III -CONSULT ANT'S COMPENSATION
A.The total compensation for the services performed shall not exceed the total noted
in Section B.
B.The CITY shall pay the CONSULT ANT in installments based upon monthly
progress reports and detailed invoices submitted by the CONSUL TANT based
upon the following:
1.Constructability Review (Lump Sum)$3.397.00
2. Construction Management Services (Hourly not to Exceed) $45,240.93
3.Construction Observation (Hourly not to Exceed)$84.018.87
4.Reimbursable Expenses (Not to Exceed)$0.00
5.Total:$ I 32. 656.80
C.The CITY shall make payments to the CONSUL TANT within thirty (30) days
after receipt and approval of a detailed invoice. Invoices shall be submitted on a
monthly basis.
D.CONSULT ANT shall invoice for work performed during the preceding thirty day
period (""Billing Period"). The Billing Period shall run from the 26th day to the
25 th day of each consecutive month. Invoices shall be submitted to CITY not
more frequently than once every 30 days. CONSULT ANT shall be responsible
for timely submittal of all invoices and CONSULT ANT shall not be entitled to
payment for invoices in arrears. All invoices shall reflect most recent single
Billing Period only and represent the true. correct and accurate account of work
performed during the Billing Period.
E.For an agreed contract amount identified as ··Lump Sum·", Not to Exceed .. and
--Reimbursable.. the CONSULT ANT shall not exceed the fixed contractualamount without written authorization in the form of a Contract Amendment.
CONSUL TANT shall provide 45 days prior notice to the CITY in the event
contract fees may exceed the fixed contract amount. CONSULT ANT shall be
responsible for ensuring that such authorization is complete and executed by allparties performing any work or submitting any invoices for work that exceeds the
fixed contract amount under any expense category.
F.Allowable Reimbursable Expenses
Design 3 of7 D3. Revised 04/2019
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1/10/2024 | 2:34 PM CST
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EXHIBIT A
CONSTRUCTION MANAGEMENT
SCOPE OF SERVICES
FOR
Water Operations Building (Alice Plant)
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BASIC SERVICES: Construction Manager(s) shall render the following
professional services to the OWNER in connection with the construction of
the Project.
1. Pre-Construction (on specific projects, as requested by the
City/Owner)
1.1. Provide constructability review of plans, specifications, contract
documents and validity of Engineer of Record’s project duration.
Identify construction issues, conflicts, deficiencies, review the
adequacy and accuracy of the design and independent verification
of quantities.
1.2. Attend Pre-Bid Meeting; provide feedback to City’s City
Construction Manager as necessary, such as: tracking and
recording questions for the Engineer’s written response, clarifying
the Owner’s expectations for the project and the project execution.
1.3. Chair Pre-Construction Meeting
1.3.1. Schedule and conduct the pre-construction meeting;
record and disseminate minutes from pre-construction
meeting.
1.3.2. Utilize the City’s Project Management portal to set
communication protocols and contract administration
procedures, establish progress meetings and those
schedules, review RFIs, and submittal in conjunction
with the Architectural firm.
1.3.3. Provide agenda for meeting: Key milestone dates,
pay application procedures, project schedule,
coordinate the schedule of values (SOV), utility
coordination and identified issues, permitting, and
contractor’s use of City’s Project Management portal.
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2. Construction Administration and Management Services
2.1. Act as the City’s on-site representative administering the contract
for construction and providing overall project oversight, maintain
record of decisions and changes made.
2.2. Meetings: Schedule and conduct construction progress meetings;
record minutes from construction progress meetings and distribute
via Project Management portal to: City Construction Manager,
Design Architect, and contractor throughout the duration of the
project.
2.2.1. Schedule meetings every two weeks, minimum, to
review the following: work progress and schedule,
outstanding issues, status of submittals and
responses shop drawings unforeseen issues and
changes to the work.
2.2.2. Coordinate additional meetings as necessary to
discuss and resolve problems and provide guidance
in a timely manner.
2.2.3. Coordinate/monitor the following: utility relocation
activities for compliance, utility installation verification,
reporting, record management and update the as-built
drawings set with the Architectural firm.
2.2.4. Attend all utility coordination, construction, and
scheduling meetings.
2.2.5. Obtain a copy of ROW permits and prints from Public
Works/ROW department to monitor progress of utility
relocation per permit/plans.
2.3. Manage Construction
2.3.1. All final documentation is required in electronic/digital
format, utilizing the Project Management portal.
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2.3.2. As field problems arise, notify the Design Architect
and City Construction Manager with proposed
solutions to resolve problems.
2.3.3. Review and update as-built documents regularly with
contractor.
2.3.4. Monitor and ensure adherence to approved project
baseline schedule. Review contractor’s schedule
monthly, ensure compliance with City’s intended
schedule, and provide recommendations as needed
to retain and regain schedule if needed.
2.3.5. Recommend alternate project sequencing/scheduling
to keep project on schedule.
2.3.6. Prepare monthly summary report of construction
activities with outstanding issues outlined for review.
Monthly progress information associated with the
project will be submitted to the City’s Project Manager
and Construction Manager for review and approval.
2.3.7. Record weather conditions on jobsite daily.
2.4. Coordinate work of contractor with external agencies and utility
companies. Coordinate contractor’s operations regarding other City
contracts and construction as well as with property owners for
planned service outages, street closures, and access control issues
to properties including notifications, as needed.
2.5. Maintain records of all decisions, actions and activities with regard
to construction operations via the City’s Project Management portal
(i.e. Change Orders, RFIs and responses, Submittals and
responses, Request for Proposals, correspondence, SWPPP
inspections). This can be coordinated with the City.
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3. Construction Inspection Services
3.1. Provide full-time on-site technical observation of Contractor’s
activities to verify and ensure all work materials, structures,
equipment, and workmanship comply with the Contract Documents
including Addenda, and Change Orders. Verify and ensure that the
Contractor maintains good construction practices and professional
standards prevailing in the local City, County, and State of Texas.
Utilize the City’s Project Management portal for all inspection
reports.
3.1.1. Notify the City’s Construction Manager if Contractor’s
work is not in compliance with the Contract
Documents or Specifications. Notify the City Project
Manager and Design Architect of any failure of the
Contractor to take measures to repair and bring work
in compliance.
3.1.2. Issue Advisory Notices to Contractor for work that is
not in compliance with approved construction
documents.
3.1.3. Issue Non-Compliance Reports to Contractor if non-
conforming work is not brought into compliance or if
plan of action to bring work into compliance is not
conducted in timely manner.
3.1.4. Inspect and observe the materials and equipment
being incorporated into the work to assure that they
are handled, stored, and installed in accordance with
the Contract Documents and specifications. Contact
the City Construction Manager and document and
such activity.
3.2. Identify, record and notify any problems or failures to meet
performance requirements in a timely manner to minimize delay in
the progress of the project, make recommendation(s) for
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appropriate solution to the City’s Construction Manager and Design
Architect.
3.3. Prepare and maintain daily progress log or daily construction
reports, photographs, records, and track quantities installed daily in
the City’s Project Management portal.
3.4. Ensure contractor reviews and approves daily reports and
quantities.
3.5. Verify that the contractor has obtained necessary permits and is
maintaining Storm Water Pollution Prevention Plans, facilities,
equipment, or arrangements in accordance with contract
documents.
3.6. Attend and participate in progress meetings.
3.7. Develop a contacts’ list that includes: names, addresses, telephone
numbers and email of all contractors, subcontractors, architect, sub
consultants and major suppliers of material and equipment; store in
City’s Project Management portal.
3.8. Immediately notify the City’s Construction Manager and Design
Architect in the event of an on-site accident. Record and document
the conditions, activities, and witnesses to the event.
3.9. Maintain Resolution Log and respond to citizen complaints in
Project Management system.
3.10. Consult with City Project Manager and Design Architect in
advance of scheduled major work operations, tests, inspections or
start of important phases of project.
4. Pay Applications
4.1. Pay applications will be generated by the consultant based on the
City’s pay app template and will be based on quantities approved in
the daily reports to match the SOV. Review and verify quantities
provided by contractor for all work in compliance with contract
documents.
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4.1.1. Review work conducted daily on daily inspection
reports and material installed measurements
submitted by contractor; verify work conducted and
bid item quantities via Project Management; meet
monthly to review pay estimate and quantities with
contractor.
4.1.2. Review progress pay application with Design
Architect for approval or revision prior to submittal to
City.
4.1.3. Finalize pay application with signatures from
Contractor, Engineer and Construction Manager
certifying quantities and amounts via Project
Management.
4.1.4. Notify City Project Manager when all electronic
signatures are completed in the Project Management
system for invoice processing.
4.1.5. Track and record requests for rain or other delays
with potential to add to Contract Time in Daily Reports
in Project Management.
4.1.6. Provide an independent quantity forecast bid items to
identify potential quantity over-runs as part of pay
estimate review.
4.2. Upon completion of the work, prepare a final progress payment
including a balancing change order zeroing out all unused
quantities utilizing Project Management. Identify and add additional
quantities and make any approved changes to the Contract Time.
4.2.1. Review and coordinate with Design Architect to
provide Engineer’s recommendation for Substantial
Completion or Final Acceptance. (See Close-out
Section)
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5. Document Control
5.1. Utilize the City’s Project Management portal to: receive, route, track
and log all Contractor communications, Submittals, Change Orders,
RFIs, Pay Applications and Citizen Complaint/Resolution Log;
communicate with Contractor on the status of submittal reviews;
review submittal and RFI log in Project Management portal to
ensure timely responses; notify City’s Construction Manager,
Contractor and Design Architect of time critical concerns.
5.1.1. Respond to RFIs when such response does not
require the Engineer’s opinion or expertise or
direction from City.
5.1.2. Assemble and maintain notes, comments, sketches,
and supportive data relative to the Project to facilitate
the revision of drawings to conform to the final as-built
conditions. Review Contractor’s record keeping
periodically to ensure completeness, timeliness, and
progress.
6. Change Orders
6.1. Prepare and issue request for proposals in a timely manner via the
Project Management portal. Review RFPs and contractor proposal
for additional work with City’s Construction Manager and Design
Architect for approval. Ensure the status of RFPs and Responses
from Contractor, City and Design Architect are logged and tracked
in the Project Management system.
6.2. Provide recommendation on technical matters as an advocate for
the City. Evaluate Contractor’s response/proposal for merit, cost,
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time, accuracy, and price practicality. Negotiate with Contractor on
the City’s behalf, as needed.
6.3. Prepare Change Orders and documentation including signatures of
Contractor, Architect, and Construction Manager for delivery to the
City for execution.
7. Testing Laboratory and Results
7.1. Coordinate testing laboratory activities with Contractor’s activities.
Review test reports for compliance with Contract Documents. Log,
track and retain test reports in the Project Management system.
Review results with Contractor. Monitor any corrective action and
re-testing for compliance, as needed. Maintain compliance with the
City’s specifications.
7.1.1. Review lab test reports and log any failures.
7.1.2. Review Invoicing from Laboratory to whenever
Invoicing is received.
7.1.3. Coordinate testing and inspections with appropriate
entities that include but not limited to the following:
Structural inspections, Roofing, Glazing, fire
suppression systems, data/IT systems, MEP, and
HVAC systems.
8. Project Completion and Close out
8.1. A. Provide list of deliverables developed during the substantial
completion walk through/inspection. Schedule and conduct the
project walk-through upon receipt of Contractor’s notification of
substantial completion readiness. Include City Project Manager,
Design Architect and others as directed. Prepare a list of non-
conforming work based on visual inspections via Project
Management. Record and monitor contractor’s corrective efforts
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and schedule. Schedule final completion inspection for any
remaining corrections.
B. Coordinate and obtain Design Architect’s signature and seal on
Substantial Completion certificate and Final Completion and
Acceptance certificate via Project Management.
8.2. Review and compile any Operation and Maintenance documents
required from the Contractor – forward to Engineer for review.
Ensure Contractor’s closeout documents are uploaded to Project
Management. Review for completeness and accuracy, including
affidavits of final payment, final pay estimates, as built records,
redlines and drawings. Once received, notify the Design Architect
and City Project Manager when completed.
8.2.1. Upon completion of close out items, provide
recommendation for City’s Substantial
Completion/Final Acceptance certificate.
8.2.2. Provide indexed project files, redline plans and as
built or record drawings to City via Project
Management.
8.3. Conduct Project Close-Out Meeting.
8.4. Prepare and recommend final payment application. (Prepare job
record logs transmittals, and correspondence reports in an
organized file for delivery to City.)
8.5. Consult with City on any potential Warranty items requiring repair or
replacement.
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9. Warranty Period
9.1. Schedule, arrange and coordinate a One Year Walk-through of the
project to review status of the work 30 days prior to expiration of the
One Year Maintenance period.
9.2. Provide staff to conduct and participate in the warranty inspections.
9.3. Prepare list of nonconforming work for presentation to the City
Project Manager, Design Architect, and Contractor via Project
Management.
9.4. Oversee repairs for nonconforming work with Contractor.
9.5. Submit final report on completed warranty repairs via Project
Management portal or via email.
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HOUSTON
Austin | Corpus Christi | Dallas | Houston | San Antonio
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HOUSTON
Austin | Corpus Christi | Dallas | Houston | San Antonio
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HOUSTON
Austin | Corpus Christi | Dallas | Houston | San Antonio
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HOUSTON
Austin | Corpus Christi | Dallas | Houston | San Antonio
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HOUSTON
Austin | Corpus Christi | Dallas | Houston | San Antonio
Conceptual Schedule
Schedule J F M A M J J A S O N D J
Construction 1 2 3 4 5 6 7 8 9 10 11 12
Closeout 1 2
2023 2024 2025 Total Hours Fee Staff Proposed
-$ -$ -$ 149 -$ Sr. Project Manager/Field Operations 12 12 12 12 12 12 12 12 12 12 12 12 5
158.00$ 158.00$ 158.00$ 839.6 132,656.80$ Quality Assurance Manager/Construction Manager 43 52 52 62 65 77 77 77 69 69 77 77 43
988.6 132,657$ 55 64 64 74 77 89 89 89 81 81 89 89 48
2024
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CERTIFICATE OF INTERESTED PARTIES FORM 1295
lofl
OFFICE USE ONLY
CERTIFICATION OF FILING
Complete Nos.1 -4 and 6 if there are interested parties.
Complete Nos.1.2,3.5,and 6 if there are no interested parties.
1 Name of business entity filing form,and the city,state and countt7 of the business entity's place
of business.
AGICM Inc
Corpus Christ!,TX United States
Certificate Number:
2023-1103589
Date Filed:
12J12J20232Nameofgovernmentalentityorstateagencythatisapartytothecontractforwhichtheformis
being filed.
City of Pearland Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
Water Treatment Facility
Construction Management and QA Observation
Nature of interest
(check applicable)4 City,State,Country (place of business)Name of Interested Party
IntermediaryControlling
Corpus Christ!,TX United States XAnderson,Derwood
Corpus Christ!,TX United States XAnderson,Patricia Gail
5 Check only if there is NO Interested Party.□
6 UNSWORN DECLARATION
9/17/85MynameisChristopherMajorsandmydateofbirthis
USATX77042Houston3200WilcrestDrive#100Myaddressis
(zip code)(country)(state)(city)(street)
I declare under penalty of perjury that the foregoing is true and correct.
2312DecemberTXHarrisdayof20.on theCounty,State ofExecutedin
(month)(year)
JENNIFER LEE KENTZlNGER
f,'5 Notary Public,State of Taxas
Comm.Expires 01-'0-2028
Notary ID 13230819^
I „nT .JFormsprovid^by<+ei^Ethfcs^onlfn''
T.Signature of authorized agent of contracting business entity
(Declarant)
'www.ethics.state.tx.us Version V3.5.l.0f381ab6ission
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House Bill 89 Verification Form
Prohibition on Contracts with Companies Boycotting Israel
The 85th Texas Legislature approved new legislation, effective September 1, 2017, which amends
Texas Local G overnment Code Section 1. Subtit le F, Title 10, Government Code by adding Chapter
2270 which states that a governmental ent ity ma y not enter into a contract with a company for goods
or services unless the contract contains a written verification from the company that it:
1) does not boycott Israel; and
2) will not boycott Israel during the term of the contract
Pursuant to Section 2270.001, Texas Government Code:
1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise
taking any action that is intended to penalize, inflict economic harm on, or limit commercial
relations specificall y with Israel, or wit h a person or entity doing business in Israel or in an
Israeli -contr olled territor y, but does not include an action made for ordinary business purposes;
and
2. “Company” means a for-profit sole proprietorship, organization, association, corporation,
partnership, joint venture, limited partnership, limited liability partnership, or any limited
liability company, including a wholly owned subsidiary, majorit y-owned subsidiary, parent
company or a ffiliate of those entities or business associations that exist to make a profit.
========================================================================
I, (authorized official) , do hereby verify the truthfulness of the
contents of the statements submitted on this certification under the provisions of Subtitle F, Title 10,
Government Code Chapter 2270 and that the company named below:
1) does not boycott Israel currently; and
2) will not boycott Israel during the term of the contract; and
3) is not currently listed on the State of Texas Comptroller’s Companies that Boycott Israel
List located at https://comptroller.texas.gov/purchasing/publications/divestment.php
Company Name
Signature of Authorized Official
Title of Authorized Official Date
12/12/23Vice President
AG|CM, Inc.
Chris Majors
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