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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 z/ 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 41.114t-- l/� 1 1 iC 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 • • 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% . X am I CD o0 o =I W • 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 • • 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 • 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.