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HomeMy WebLinkAboutC2009-204 - 5/26/2009 - ApprovedRATIFICATION AND AMENDMENT NO. 5 TO SMALL A/E AGREEMENT FOR ARCHITECT/ENGINEER CONSULTANT SERVICES The City of Corpus Christi, Texas, hereinafter called "CITY", and HDR ENGINEERING INC., hereinafter called "CONSULTANT", agree to the following amendments to the contract for ArchitecUEngineer Consultant Services for the following project, as authorized and administratively amended by: Ori final Small AIE A reement Februa 1, 2006 Administrative A royal $7,500.00 Amendment No. 1 March 24, 2006 Administrative A royal $7,500.00 Amendment No. 2 Au ust 23, 2007 Administrative A royal $10,000.00 Amendment No. 3 Ma 30, 2008 Administrative A royal $10,000.00 Amendment No. 4 Au ust 5, 2008 Administrative A royal $10,000.00 1. DECLARATIONS. "CITY" desires to engage "CONSULTANT" to provide services in connection with City's project, described as follows: Reaulatorv Assessment -Beach Cleaninu (Project No. 3300) ("PROJECT"). 2. SCOPE OF WORK. "CONSULTANT" shall provide services for the "PROJECT" ih accordance with the accompanying Letter, Scope of Services, and Fee attached as "Exhibit A". In the original contract, Section 2. Scope of Work is amended to ratify additional work required and to authorize payment for additional tasks required for TCEO coordination and final issuance of the U.S. Army Corps of Engineers (USACE)permit application including: • Meetings with the City of Corpus Christi to address permit revisions requested by TCEQ; • Coordination with the City of Corpus Christi, U. S. Army Corps of Engineers and TCEQ regarding incorporation of revised permit language into the permit document and issuance of the 401 Water Quality Certification; and • Coordination with U. S. Army Corps of Engineers regarding issuance of final permit. 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 revised fee not to exceed $6.770.00 (Six Thousand Dollars Seven Hundred Seventy and Zero Cents), for a total restated fee not to exceed $51,770.00 (Forty-Five Thousand Dollars and Zero Cents). CITY OF CORPUS CHRISTI c/~ (m~ S`~ 2 ri~ c 9 Oscar Martinez (Date) Assistant City Manager ATTES S ~~-5 ~° 1 Armando Chapa (Date) City Secretary HD ENGINEERING INC. .o ames .Shiner, E. (D e) Senior Vice President 555 N. Carancahua, Suite 1650 Corpus Christi, TX 78478 (361) 857-2211 Office (361) 857-7234 Fax APPROV D AS~M: Director of Engineering (Date) Legal Departure (Date) Project Number: 300 Funding Source: 530000-5310-11150 2009-204 M2009-141 05/26/09 ~~~ ~ AUTHURICI:~ 81' COURCIL „~„~,(p~A(J~J SECRETARY ~JYU AMD. NO. 5 Pa e1of1 HDR Engineering SHINER MOSBLEY December I5, 2008 37295 M.r. Kevin Stowers Director oFEngineering Services City of Corpus Christi P, O. Box 9277 Corpus Christi, Texas 78469 I2E: REQUEST FOR AMENDMENT NO. 5 TO .CITY OF CORPUS CHRISTI'S SMALL A/E AGREEMENT -PROCESSING OF U.S. ARMY -CORPS .OF .ENGINEERS BEACH CLEANING PERMIT (CITY PROJECT N0.3300) Deaz Mr. Stowers: Thank you in advance for reviewing this request for an amendment (Amendment No. 5) to an existing Small A/E Agreement to assist the City of. Corpus Christi in seeking a U.S. Army Corps of Engineers (USAGE) permit-for beach cleaning (City Project No: 3300). An initial Small A/E Agreement to prepaze, review, and finalize the-USAGE permit application was issued by the City to HDR~Shiner Moseley on December.6, 2005. acid completed in early 2006.' An amendment to the initial Small A/E (Amendment No, 1) was issued on March 28, 2006 and. included the coordination of processing;of the permit with USAGE. A second amendment to the initial Small AB (Amendment No: 2) was issued on August 24, 2007 and included assisting the City through-the initial. steps. of the U:S. Fish and Wildlife Service formal consultation process. Tasks included responding to additional information. requests from USAGE and USFWS regarding the Biological Evaluation (BE), Biological Assessment (BA), and Biological Opinion (BO) and coordinating issuance of the permit with USAGE and resource agencies. A third amendment to the initial Stxiall A/E (Amendment No. 3) was issued on June 2, 2008 and included assisting the City through .the remaining portion ,of the USFWS formal consultation process and continued coordinafion with USAGE to get the permit issued. A fourth amendment to the initial Small A/E (Amendment No. 4) was. issued on August 6, 2008 and included assisting the City with providing additional information to USAGE and USFWS during the formal consultation process. These- additional- information requests were unanticipated, since the City had been promised multiple times by USAGE that they had all the information necessary to fmalize the formal consultation process 'and ultimately issue the permit: The USAGE .permit authorizing the City to conduct beach maintenance was- issued on. December 5,-2008. Prior to issuance, additional-coordination was required between the City and the Texas Commission on Environmental Quality (TCEQ) regazding issuance of a 401 Water Quality Certification. This additional coordination was unanticipated and involved the City coordinating with both USAGE and TCEQ to revise language within the permit document in order for TCEQ to issue the certification. HDR~Shiner Moseley attended several meetings HOR EnAineering,lna. 1585N Carencahaa I Phone 18 011 8 5 7 4 211 .EXt11bItA souaises pa.(asues7ass7 Pa e 1 Of 3 Carpus Christi, TX 78778.0010 ww~s.hdrinucom Mr. Kevin Stowers December I5, 2008 Page 2 of 3 37295 with the City to discuss the revised language and facilitated additional coordination with USACE and TCEQ. Additional coordination with- TCEQ required HDR~Shiner Moseley's assistance on tasks that were not anticipated in the previously issued Small AB Amendment No. 4. In previous correspondence, we stated that we would monitor available funds and inform the City if additional funds would be required to complete tasks associated with issuance of the USACE permit, Therefore, we aze requesting Amendment No.' S in the amount. of $6,770.00 for additional unforeseen tasks associated with satisfying additional requests from TCEQ. Since the USACE permit has been issued, Amendment No., 5 will be the final amendment request and the project will be considered closed: No additional fees will be incurred. Please amend 'the existing Small A/E Agreemerit to include. work associated with TCEQ coordination and. final. issuance of the USACE permit. The proposed additional scope for Amendment 5 isas followsi Attended several meetings with the City of Corpns Christi to revise language within the permit document, as per a request from TCEQ. Coordinated-with City of Corpus Christi, USACE, and_TCEQ. regarding incorporation of revised language into the permit document and issuance of the 401 Water Quality Certification: • Coordinated with USAGE to facilitate issuance of the permit. Thank you again for allowing us to work with you on this project. Please call me if you would like to discuss (361) 857-2211. Sincerely, HDR ENGINEERING, INC. 7 ~~~~ Chemaine Sahadi Koester Environmental Biologist James A. Shiner, P.E. Senior Vice President CSK/alo Exhibit A Pa e2of3 Mr. Kevin Stowers ' December 15, 2008 Page 3 of 3 Enclosures: Small A/E Agreement Amendment No. 1 to Small A/E Agreement Amendment No. 2 to Small A/E Agreement Amendment No. 3 to Small A/E Agreement, AmendmenYNo. 4 to Small A/E Agreement HDR Standard Terms & Conditions 37295 Exhibit A Pa e3of3 City of COT'pllS CITY OF CORPUS CHRISTI - = Chnsti wY DISCLOSURE OF INTERESTS 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. If the question is not applicable, answer with NA. FIRM NAME: STREET: " CITY: ZIP: FIRM is: 1. Corporation,2~ 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. 7. 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 name Of each official of the City of Corpus Christi having an ownership interest constituting 3% or more of the ow tership in the above named firm. Name Tille 3. State the names of each board member of the City of Corpus Christi having an ownership interest constituting 3% or more oft a ownership in the above named firm. Name Board, Commission or Committee 4. State the names f each employee or officer of a consultant for the City of Corpus Christi who worked on any matter related t the subject of this contract and has an ownership interest constituting 3% or more of the ownership in th above named firm. Name Consultant CERTIFICATE 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: Title:~~ V. ~ . ype or rin ,t Signature of Certifying Person: ~ ~4ktna.P A ~4 ck..t- Date: `~- ~[ ~ /~ Page 1 of 2 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. 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. c. Firm. Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce ordeal 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. d. Official. The Mayor, members of the City Council, CiN Manager Depu y City Manager, Assistant City Managers, Department and Division Heads and Municipal Cou Judges ot` the City of Corpus Christi, Texas. e. 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 holding or control established through voting grusts, proxies or special terms of venture or partnership agreements. f. 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. Page 2 of 2