HomeMy WebLinkAboutC2015-276 - 9/24/2015 - NA AMENDMENT NO. 2
TO
AGREEMENT
FOR
ARCHITECT/ENGINEER CONSULTANT SERVICES
This City of Corpus Christi, Texas hereinafter called"CITY",and AGCM,Inc., hereinafter called"Engineer",agree to
the following amendments to the Contract for Engineering Services for Public Safety Warehouse BOND 2008
(Project No. 5244), as authorized and administratively amended by:
Original NE Agreement . December 10, 2013 Motion No. M2013-175 $83,125.00
Amendment No. 1 January 12, 2015 Administrative Approval $37,525.00
1. DECLARATIONS. "CITY" desires to engage "ENGINEER" to provide services in connection with City's
project, described as follow: Public Safety Warehouse BOND 2008 (Project No. 5244) "Project".
2. SCOPE OF WORK. "ENGINEER" 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 "ENGINEER" for services provided in accordance with Exhibit "A",
Scope of Services, and Fee under this AMENDMENT NO. 2, a total fee not to exceed $41,800.00 (in figures),
(Forty One Thousand Eight Hundred Dollars and Zero Cents) (in words), for a total restated fee not to exceed
$162,450.00 (in figures), (One Hundred Sixty Two Thousand Four Hundred Fifty Dollars and Zero/Cents (in
words). Monthly invoices will be submitted in accordance with Exhibit"B".
4. INDEMNIFICATION AND HOLD HARMLESS.The"ENGINEER"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 Engineer without the express terms written consent of the Director of Capital Programs. However,the
Engineer may use standard details that are not specific to this project.
CITY OF CORPUS CHRISTI AGCM, INC.
jitvto C wyaliv (04/5 ' A . . _ .4 . .__. - D-ZO
Ronald L. son, (Date) .- son, P. E. (Date)
City Manager Chief Executive Officer
1101 Ocean Drive
, / Corpus Christi, TX 78404
RE•• ME E I `,�/l7 (361) 882-0469 Office
` (361) 884-9358 Fax
AL 0 „ • ,ffilitd /0 /j
V.. ie H. Gray, '. (Date)if4Ex- • i Direct. : ' blic Wo ks
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Gustavo onzalez, -. -S (Date)
Assistant ity Mana•-r
2015-276
9/24/15
AGCM Inc. Page 1 of 2
VAENT\5244 PUBLIC SAFETY WAREHOUSEAGCM NO.2 AGCM\AMENDMENT NO 2 AGCM DOC INDEXED
APPROVED AS TO FORM
4111,--Am % '/ /y�lS'
A .'stant City Attorney / (Date)
f r City Attorney
APPROVED
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Office of a gement (D
and Budget
CITY SECRETARY
D-31-e--C-JC- 0---, 14 --t-
Rebecca Huerta
Project Number: 5244 (PeopleSoft project number 140252)
Accounting Unit: 3359-033
Account: 550950
Activity: 5244 (140252) 01 3359 EXP
Account Category: 50950
Fund Name: Public Health & Safety 2004
Encumbrance Number:
Page 2 of 2
K:\ENGINEERING DATAEXCHANGE\VELMAP\FIRE DEPARTMENT\5244 PUBLIC SAFETY WAREHOUSE\AGCM\AMENDMENT NO 2 AGCM\AMENDMENT NO 2 AGCM.DOC
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CORPUS CHRISTI
AG CM 1101 Ocean Drive(78404)
P.O. Box 2682
Corpus Christi,TX 78403
1 NC Ofc 361/882.0469
Fax 361/884-9358
www.agcm.cc
February 26,2015
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
CoCC PROJECT 5244 PUBLIC SAFETY WAREHOUSE
Dear Phil:
The subject project is significantly behind schedule. On February 27,2015,AGICM will have
expended all available man hours in the current Not to Exceed agreement as previously amended by the
city.
AGICM offers to continue to provide Dan Parker to the City of Corpus Christi at the current rate of$95
per hour for the duration of the Project.
Originally,the project was scheduled for completion on September 28,2014. A revised schedule was
issued by the Contractor indicating a revised completion date of February 27,2015. As a result of the
change in schedule,our original agreement of$83,125 for 875 man hours was amended to provide for
395 additional man hours at an additional cost of$37,525 for us to remain on the project through the
revised date. After reviewing the current schedule and monitoring progress onsite, we estimate final
completion may occur as late as July 31,2015.
In order for us to continue services through July 31,2015,we propose a not to exceed amount of
$41,800,440 man hours,be added to our existing amended contract.
Sincerely,
/i
N an ' inne , PE
'roject Man.:er
Cc. Ed Labay,Mark Guerra
.r,.III ..
cm.ai.Mrop.sd Asseislion el Amro
EXHIBIT "A"
Page 1 of 1
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%
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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
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CkiSUPPLIER NUMBER
TO BE ASSIGNED BY CIF)"
= 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 to provide 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: 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
1\\Dt•S---
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
G7id
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
ye
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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: \
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.