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HomeMy WebLinkAboutC2015-239 - 8/6/2015 - NA SMALL A/E AGREEMENT for Consultant Services This AGREEMENT is between the City of Corpus Christi,Texas, a Texas home-rule municipal corporation, "CITY", acting through its duly authorized City Manager or designee ("CITY ENGINEER"), and All Points Environmental, LLC, a Texas corporation, acting through its duly authorized representative who is Armando Medina, Regional Manager"CONSULTANT", which agree as follows: 1. DECLARATIONS."CITY"desires to engage"CONSULTANT"to provide services in connection with City's project, described as follows:American Bank Center Selena Auditorium Dressing Room Design[Phase 1 Asbestos Abatement] (Project No. E15146) "PROJECT". 2. SCOPE OF WORK. "CONSULTANT"shall provide services for the"PROJECT"in accordance with the accompanying Letter, Scope of Services, and Fee attached as Exhibit"A". 3. FEE. The "CITY" agrees to pay the "CONSULTANT" for services provided in accordance with Exhibit"A", Scope of Services, and Fee under this AGREEMENT, a total fee not to exceed $1,400.00 (in figures), (One Thousand Four Dollars and Zero Cents) (in words). Monthly invoices will be submitted in accordance with Exhibit"B". 4. INDEMNIFICATION AND HOLD HARMLESS. The "CONSULTANT" agrees to indemnify, save harmless and defend the "CITY", and it's agents, servants, and employees as more fully set forth in Exhibit"C". 5. 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 and may not be used again by the Consultant without the express terms written consent of the Director of Capital Programs. However, e Consultant ma us standard details that are not specific to this project. CI • CO ` C ' TI O9 ALL PO TS ENVIR MENT L, LLC gr 0 41,,k-fidr/t* Va H. Gray, '. (Date) Armando Medina, (Date) � • Exe- tive Director of •ublic Works Regional Manager 500 N. Water Street, Suite 605 Corpus Christi, TX 78401 RECO ENDED (361) 882-3393 Office 72b, (361) 883-1511 Fax Oper g Departmentirj (Date) APPROVED AS TO LEGAL FORM ZAP 7-23-15 sistant City Attorney (Date) for City Attorney 2015-239 8/06/15 All Points Environmental LLC TIES\E15146 ABC SELENA AUDITORIUM DRESSING ROOM DESIGN PH 1 ASBESTOS ABATEMENT\AE AGREEMENT ALL POINTS INDEXED APP30744 Zfr 1/3/// g Office of Management and Budget (Date) Project Number: E15146 �p Accounting Unit: 1030-13605-7340/ Account: 520130 Activity: E15146 01 1030 EXP Account Category: 20130 Fund Name: Hotel Occup. (Convention Center Maintenance) Encumbrance Number: K\ENGINEERING DATAEXCHANGE\VELMAP\PUBLIC FACILITIES\E15146 ABC SELENA AUDITORIUM DRESSING ROOM DESIGN PH 1 ASBESTOS ABATEMENTIAE AGREEMENT ALL POINTS ENVIRONMENTAL.DOC )1t4h- All Points Environmental, LLC. Asbestos Consulting • Industrial Hygiene • Safety Indoor Air Quality • Training • Environmental http: wum.allpointsenvironmental.net 500 N. Water St., Ste. 605 *Corpus Christi, TX 78401 (361)882-3393 *Fax: (361)883-1511 June 22,2015 Ms.Gracie Mesa City of Corpus Christi 1201 Leopard Street Corpus Christi,Texas 78401 RE: Asbestos Consulting for the: American Bank Center-Selena Auditorium (Dressing Rooms),Corpus Christi,TX A.P.E.-Proposal No.: CP.0615.054 Dear Ms.Mesa: All Points Environmental appreciates your consideration of our company to perform Asbestos Consulting and Indoor Air Quality Services. Per your request,please find the attached proposal. If you have any questions do not hesitate to call me at(361) 882-3393. Sincerely, Armando Medina Regional Manager EXHIBIT "A" Page 1 of 4 Scope of Work We understand the scope of work to require the performance of a Project Manager / Air Monitoring Technician licensed by the Texas Department of State Health Service (TDSH). All work will be under the direction of a Certified Industrial Hygienist(CIH). A final report shall be submitted containing all sample results, data sheets, recommendations, observations and conclusions and shall bear the signature of a American Board of Industrial Hygiene(ABIH)Certified Industrial Hygienist(CIH),or a Certified Safety Professional(CSP). Terms and Conditions Work shall be performed by/or under the direction of an American Board of Industrial Hygiene (ABIH)Certified Industrial Hygienist(CIH),or a Certified Safety Professional(CSP). Extra Work Extra work not included in the original agreement but requested, shall be invoiced based on the rates/fees schedule provided, if applicable, or basis rates/fees agreed upon at the time of the request for extra work. Invoice Terms Invoices shall be submitted after the completion of project. Payment Terms Upon receipt. Please see terms below. Acceptance of Proposal Confidentiality shall be maintained for all information and/or data received or generated as a result of services rendered. Performance of required work shall not commence prior to receipt of written acceptance of proposal and authorization to begin work. 2 EXHIBIT "A" Page 2 of 4 • ESTIMATED COST OF PROJECT Specification Plan: ... $35 (One time fee) Labor: For(2)8-Hoar Days * Air Monitoring Technician(AMT) 2 Days(16 Hours)@$40.00 per hour $640.00 *Asbestos Air Samples 8 Samples per Day for 2 Days(16)@$10.00 each $160.00 Abatement(AMT)Report $250.00 Total Estimated Cost NNNNN.wNNuwN....N...wNN..wNN.N.... $1.050.00 *Note: Total Estimated Cost may vary depending on Hours worked and Samples taken. Total Estimated Project Cost .... N.................w.....N..N.w....NN..w.;1.400.00 (Labor& Spec.plans) 3 EXHIBIT "A" Page 3 of 4 AUTHORIZATION TO PERFORM WORK The applicable rate structure,specifications,and conditions are satisfactory and hereby accepted. You are authorized to perform work as specified. Payment for services rendered will be made as identified in your proposal. The following documents are herby incorporated into this agreement: All Points Environmental,LLC-Quotation No.CP.0615.054 AA�lS Scope of Work: Asbestos Consulting Services —r[oj410 Location of Work: American Baqk Center(Selena Auditorium).—'•Dass/ Start of Work Date: (p/a // Completion of Work Date: Project Coordinator: Armando Medina Direct all correspondence to: All Points Environmental,LLC 500 N.Water Street,Suite 605 Corpus Christi,Texas 78401 Telephone: 361-882-3393 Facsimile: 361-883-1511 Client: 64, 6141121, 84) Address: /vt'/ X .f1 City/State/Zip Code: (!LTZ 78¢OI Telephone: 249 / 10 jsOO Facsimile: 26/' g'21-11 3-TO / ::ted2. # Vna,ii.tvr) Date: Oil/ Contract No. 673D1 IP Fax:#(361)883-1511 or allnointsezia'nmail.com 4 EXHIBIT "A" Page 4 of 4 Sample form for: Payment Request COMPLETE PROJECT NAME 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% X (a _ M 5 o- 7 - 00 Exhibit "C" Mandatory Requirements INDEMNIFICATION Consultant 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 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 Consultant or its agent, consultant under contract or another entity over which Consultant 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. Consultant must, at City's option, defend Indemnitee and with counsel satisfactory to the City Attorney. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. EXHIBIT "C" Page 1 of 1 1611111:11121,L, SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City of CITY OF CORPUS CHRISTI City of Corpus DISCLOSURE OF INTEREST Chnsti 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.4 If the question is not applicable, answer with "NA"3 See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: All Points Environmental,LLC P.O. BOX: STREET ADDRESS: 500 N.Water Street,Suite 605 CITY: Corpus Christi ZIP: 78401 ‘ 1 :'eit 1. Corporation 2 Partnership 3. Sole Owner 4. Association _ 5. Other ._ DISCLOSURE QUESTIONS additional space is necessary, please use the reverse side of this page or attach separate sheet. d 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) iv \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 /0/4-- "State V ,L--"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 '(/ . tate 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: Armando Medina Title: Regional Manager (Type or Print) 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.