HomeMy WebLinkAboutC2009-502 - 11/30/2009 - NAAMENDMENT No. 1
CONTRACT FOR PROFESSIONAL SERVICES
The City of Corpus Christi, Texas hereinafter called "City", and Coastal Bend Bays & Estuaries Program, Inc.
(CBBEP), anon-profit corporation organized and existing under the laws of the State of Texas, hereinafter called
"Consultant", agree to the following amendments to the Contract for Consultant Services approved by Council
Motion No. 2009-070 on March 24, 2009 for the Nueces Delta River Feasibility Study:
WITNESSETH:
WHEREAS, the City, in order to satisfy its 2008 and 2009 financial commitment to the U.S. Army Corps
of Engineers for the Nueces River Basin Feasibility Study, desires to undertake two projects with the
assistance of the Coastal Bend Bays & Estuaries Program, Inc., to be conducted through the University of
Texas Office of Sponsored Research being Nueces Delta Ecological Field Research by University of Texas
Marine Science Institute, and Nueces Delta Hydrodynamic Transport Analysis and Modeling by University of
Texas Center for Research in Water Resources, and the University of Texas of Texas Center for Research in
Water Resources must purchase equipment to necessary to conduct the projects as set forth by Exhibit A-1,
and;
WHEREAS, CBBEP and City desire to set out a definitive understanding concerning the two projects to
be conducted regarding the Nueces River Delta; and City and CBBEP acknowledge that the fees to be paid
under this agreement are sufficient to begin, but not complete, both projects, and that additional funds to be
paid by City to CBBEP, in order to satisfy City's 2010 financial commitment to U.S. Army Corps of Engineers,
will be addressed in a future agreement between City and CBBEP at the appropriate time, and;
WHEREAS, CBBEP has acquired more than 5,400 acres of wetlands and associated wildlife habitat in
the Nueces River Delta for protection and restoration, and;
WHEREAS, CBBEP and City desire to set out a definitive understanding concerning the two projects to
be conducted in regarding the Nueces River Delta and to facilitate research being undertaken by University of
Texas Center for Research in Water Resources:
NOW THEREFORE, for and in consideration of the fees set forth and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, CBBEP and City,
intending to be and being legally bound, do hereby agree as follows:
1. FEES. An additional sum of Forty Seven Thousand Dollars and Zero Cents ($47,000.00) will be paid by the
City of Corpus Christi to CBBEP for a restated not to exceed total fee of Three Hundred Seventy OneThousand
Seven Hundred Twenty Dollars and Zero Cents ($371,720.00) is the total fee to be paid by City to CBBEP as
full consideration of City's obligation for this amendment of the Contract. It is understood that Phase 2 Services
will be authorized in writing as a future amendment to this contract. The fee for future Phase Services will not
exceed the City's obligation to the U.S. Army Corps of Engineers for the Nueces River Basin Feasibility Study.
SUMMARY OF FEES:
Basic Services: Original Contract
Phase 1
Authorized Amendment No. 1
Phase 1
Authorized
Total Fee
CBBEP Administration 29,500 307 $29,807
Subtotal Basic Services $29,500 $29,500.00
2009-502
11!30/09
Page 1 of 2
CB Bays & Estuaries Prgm.
University of Texas
Office of Sponsored
Research 295,220 46,693 341,913
Subtotal Additional
Services
$295,220
$47,000
$342,220.00
Summa of Fees
Basic Services Fees 29,500 307 29,807
Additional Services
Fees
295,220
46,693
341,913
Total of Fees $324,720 $47,000 371,720
The City will pay the Consultant a fee, as described in Exhibit "B-1 ", for providing services authorized. Exhibit
"B-1" "Summary of Fees" shall be used when calculating the fee due for the proportion of services completed.
The fees for services will not exceed those identified and will be full and total compensation for all services
provided, and for all expenses incurred in performing these services. The calculation of services complete will
be based on invoices received by CBBEP from the University of Texas, Office of Sponsored Research.
Invoices will not be submitted more often than once every thirty (30) days and be accompanied by the monthly
invoices received from the University of Texas Marine Science Institute, and University of Texas Center for
Research in Water Resources. Each invoice will be dated and numbered and be in the format attached as
Exhibit B.
All other terms and conditions of the March 24, 2009 contract, as amended, between the City and
CBBEP will remain in full force and effect.
City Of Corpus risti
By Vt ~ / ~ 2e/o
Johnny Perales, P.E. Date
Assistant City Manager
ATTEST
By
Armando Chapa
City Secretary
Coasta d Bays aries Program, Inc.
By li !'L3 `vg
Authori ed S gnature Date
1305 No horeline Boulevard, Suite 205
Corpus Christi, TX 78401
(361) 885-6204 Office
(361) 880-6198 Fax
APPRO~E AS T0,60RM
By
Assistan City At orney Date
~~~
Pete Anaya, P.E.
Director of Engineering
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Page 2 of 2
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SUPPLIER NUMBER
TO BE ASSIGNED BY CITY-
PURCHASING DIVISION
City of CITY OF CORPUS CHRISTI
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 pprovide the following information. Every qquestion must be answered.
If the question is not applicable, answer with `NA". See reverse side for Filing Requirements,
Certifications and definitions.
COMPANY NAME:
P. O. BOX:
STREET ADDRESS: CITY:
FIRM IS: 1. Corporation ^ 2. Partnership ^
4. Association 5. Other
ZIP:
3. Sole Owner ^
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this pa a 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
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
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 m 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 promp-tl-y~submitted to the City of Corpus Christi, Texas as changes occur.
Certifying Person: ~~.~A•.~ ~ ~ ~ P rJ Title: ~~v~~ ~ ~ ~ ~p,/'
(Type or Print)
Signature of Certifying Date: ~` /L3 /yf
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 parfiership 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.