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HomeMy WebLinkAboutC2015-234 - 7/31/2015 - NA CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES AMENDMENT NO. 3 The City of Corpus Christi, Texas hereinafter called "CITY", and AGCM, Inc. hereinafter called "ENGINEER" agree to the following amendment to the Contract for Professional Services for Mary Rhodes Pipeline Phase 2 (Project No. E10008), as authorized and amended by: Original NE Agreement _ February 25, 2014 Motion No. M2014-027 $1,679,942.00 Amendment No. 1 April 14, 2014 Administrative Approval $0.00 Amendment No. 2 June 23, 2015 Administrative Approval $49,742.00 Exhibit"A" shall be amended as shown on the attached Amendment No. 3 Exhibit "A". Exhibit "A" shall be amended as specified in Amendment No. 3 Exhibit "A" for a revised fee not to exceed $44,036.00 (Forty-Four Thousand Thirty-Six Dollars and Zero Cents), for a total restated fee not to exceed $1,773,720.00 (One Million Seven Hundred Seventy-Three Thousand Seven Hundred Twenty Dollars and Zero Cents). Monthly invoices shall be submitted in accordance with Exhibit "B". All other terms and conditions of the February 25, 2014 contract between the City and Engineer, and any amendments to that contract, which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI AG , A4,44i, ecRaz. VW* ....u,....., 7 ,/, { Ronald L. son Date Ed Labay / ate City Manager Vice President 1101 Ocean Drive • ,- Corpus Christi, Texas 78404 I. , (361) 882-0469 Office Gustav Gonzalez, P E Date (361) 882-0858 Fax Assists t City M nag r for r •lic •rKs :nI tilities 12.9 7/e/0 V.• -rie H. Graki.FT. Date E utive Director, Public or RECOMMENDED -alsaI,_ ! -it(45"---- z •erat • •epartm Date 2015-234 7/31/15 AMEND. NO. 3 Page 1 of 2 AGCM Inc. :10008 MARY RHODES PIPELINE,PHASE 2\AGCM\AMENDMENT NO 3\CONTRACT.DOCX INDEXED APPROVED AS TO LEGAL FORM —24-66, 49-15. As Stant City Attorney t Date fo City Attorney APP VE /1/61(iL 7-4'61 Office of Management and Budge ATTEST Rebecca Huerta, City Secretary Project No: E10008 Accounting Unit: 4091-041 Account: 550950 Activity: E10008014091 EXP Account Category: 50950 Fund Name: Water 2012B RVBD(i AMEND. NO. 3 Page 2 of 2 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E10008 MARY RHODES PIPELINE,PHASE 2WGCM\AMENDMENT NO.3\CONTRACT.DOCX • • CORPUS CHRISTI AG CM 1101 Ocean Drive(78404) P.O. Box 2682 Corpus Christi,TX 78403 INC Ofc 361/882.0469 Fax 361/884-9358 www.agcm.cc May 18,2015 City of Corpus Christi Attn.Phil Boehk,PE Acting Construction Engineer 4917 Holly Rd.,Bldg.5 Corpus Christi,TX 78411 SUBJECT: Proposal for continued and additional Construction Coordination/Inspection Services—Amendment 3 CoCC Project—Mary Rhodes Pipeline Phase 2 Dear Phil: As you are aware, AGICM's Amendment no. 2 was executed to extend our contract to the end of April 2015 with minimum,but due to the circumstances onsite and the delays by the contractor, AGICM was not able to remove two of four inspectors as previously agreed upon. Including amendment no. 2, our funds expired on April 19, 2015. We were at a full burn rate and working overtime hours until April 24, 2015 with four inspectors. The following is a brief history of the last two months: - February 16, 2015 AGICM was given approval to bring 3rd inspector onboard to cover the 3`d crew that was brought onto Section A, for a total of 4 inspectors. (3 inspectors on Section A and 1 inspector on Section B) - March 4, 2015 AGICM sent email notifying City of Corpus Christi (CoCC) that our current burn rate on the MRPL project will be depleted prior to completion of the project - From March 5, 2015 to March 12, 2015, there were multiple emails exchanged expressing the discrepancies in the contractor's schedule and what was truly happening onsite. - March 13, 2015 AGICM submitted a proposal to conduct inspection services through completion of the project. - March 23, 2015 the CoCC requested that AGICM re-submit our proposal to only consider the completion of the pipe install,deflections and close-up,as the original proposal was rejected due to value. - March 31,2015 AGICM submitted proposal as"Amendment 1"for consideration. - April 1,2015 CoCC requested man hour break down for amendment processing - April 7,2015 CoCC stated the Amendment 1 was being processed ASAP - April 17, 2015 AGICM notified the CoCC that as of April 16, 2015 our staff has continued to work full time and with the burn rate as the project required. Email also stated concerns that AGICM only had about 1 week left of funds inclusive of the pending Amendment 1 submitted on March 31,2015. 1'v let ® 1 1 C1 AMEND. NO.3 EXHIBIT"A" Page 1 of 3 - April 27, 2015 AGICM notified the CoCC that two inspectors have been removed from the project and as of today, with the remaining work AGICM has exceeding our contract amount (inclusive of the pending Amendment 1)and working at risk. AGICM asked how to proceed. - May 4, 2015 AGICM sent an email with concerns with preparing the April 2015 invoice and that our contract value (including pending Amendment 1) has been exceeded. Currently we have two inspectors continuing to man the job with no additional funds approved. Asked for CoCC's direction on how to proceed. - May 4, 2015 CoCC acknowledged that AGICM has gone north of previously agreed amount and to please maintain our current posture with regards to staffing - May 5, 2015 AGICM sent the CoCC of draft invoice to show the different in original contract (including the Amendment 1) versus actual, the difference was $44,166.71 already spent beyond contract. This email also discussed the need for an additional$42,622 to cover the month of May/June 2015 - May 11, 2015 AGICM discussed with the CoCC on modifying our April invoice to capture remaining funds only(including Amendment 1)which was March 30,2015 to April 19,2015 time period. - May 13,2015 AGICM officially submitted April's invoice for time period March 30 thru April 19,2015. With the above history,AGICM respectfully requesting the consideration of: Amendment 3 in the amount of$44,036.00(317 man hours)which is actual man-hours expended between April 20 thru April 30,2015—See attached draft invoice. AGICM currently has one(1)inspector conducting inspections for the City of Corpus Christi for the remaining"close out of pipe"duration of the Project. Sincerely, Marty Schmitt 361-443-4572 et lark t Ceekidir Nimpost Awake of kirks AMEND. NO. 3 EXHIBIT"A" Page 2 of 3 Remit To: AGICM, Inc. P.O. Box 2682 Corpus Christi, TX 78403-2682 INVOICE Invoice# May 19, 2015 Page 1 City of Corpus Christi Attn:Albert Pardo 4917 Holly Road Corpus Christi,TX 78411 Client ID: E10008 Mary Rhodes Pipeline Phase 2(Project#E10008) Project#: 13-033P Project/Construction Mangement Billing Period: April 20, 2015—April 30, 2015 Professional Services: Contract Summary Original Contract Amount $ 1,679,942.00 Approved Change Orders $ 49,742.00 Total Contract Amount $ 1,729,684.00 Amount Due This Invoice $ 44,036.00 Previous Invoice Totals $ 1,729,078.71 Total Earned to Date $ 1,773,114.71 Amount Remaining on Contract $ (43,430.71) Percent of Contract Amount Billed 102.51% Consultant Role Manhours Rate Totals Project Principal Marty Schmitt 4 $ 211.00 $ 844.00 Sr Project Manager Allan Hayes, PE 25 $ 184.00 $ 4,600.00 Sr ConstructionManager Marcus Garcia 46 $ 134.00 $ 6,164.00 Quality Control Inspector Harvey Anzaluda 115 $ 134.00 $ 15,410.00 Quality Control Inspector J. Lee/A. Longoria 127 $ 134.00 $ 17,018.00 Description Lump Sum Rate Totals Presoncstruction Services 100% $ 18,300.00 General Conditions 0.0% $ 290,963.00 $ - Manhour Totals $ 44,036.00 Project Specific Items Misc $ - Project Specific Totals $ - TOTAL DUE $ 44,036.00 Federal Tax ID Number 74-2775067 Corpus Christi Phone 361/882-0469 Corpus Christi Fax 361/882-0858 rt = J. . • II lila 1YI C%J 1 AMEND. NO. 3 EXHIBIT "A" Page 3 of 3 Sample form for. COMPLETE PROJECT NAME Payment Request Revised 07/27/00 Project No. XXXX Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Basic Services: Contract Amd No. 1 Amd 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 0 250 750 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 $8,250 $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% Platting Survey TBD TBD TBD TBD TBD TBD TBD 0% O& M Manuals TBD TBD TBD TBD TBD TBD TBD 0% SCADA TBD TBD TBD TBD TBD TBD TBD 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 $8,250 $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% mP - z .gin °, ae I c:011 SUPPLIER NUMBER TO BE ASSIGNED BY CITY o PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City torovide 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) t\6 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 ©i 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 • • • 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: \ t 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.