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Home My WebLink AboutC2010-059 - 2/3/2010 - NA~ AMENDMENT No. 1 to AGREEMENT for Architect/Engineer 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 Chiang, Patel, and Yerby, Inc., a Texas corporation, "C NSULTANT", acting ~h 1.r~ through its ly authorized representative who is fi[/,//,~,..., ~ ~ __ (name), oce. mss:, ~ (Title), which agree as follows: 1. DECLARATIONS. "CITY" desires to engage "CONSULTANT" to provide services in connection with City's project, described as follow Feasibility Assessment - Landfill Acguisisition - 2009 -Gulley Hurst Type IV Landfill Site IProiect No. 5266) 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. INDEMNIFICATION AND HOLD HARMLESS. The Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees as more fully set forth in Exhibit "B". 4. 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 additional fee not to exceed $15,000.00 (in figures), (Fifteen Thousand and no/xx dollars) (in words) for a restated not to exceed fee of $64,000.00. CITY OF ORPUS CH ISTI By: ~GG~, ~ 2 3 Z~r~ Juan Perales Jr.IP.E. Assistant City Manager APPROVE AS TO FORM: /u ~o Dir~1o~of E gr. Services (Date ~~;; ..:2-. ~~ Le, ep merit (Date) o~ ~ /~ Op rating Department (Date) '---- By: (SIGNATURE) /a ~'-- ~ (Date) 1820 Regal Row, Suite 200 (Address) Dallas, TX 75235 (City, State, Zip) 214-589-6921 Fax: 214-638-3723 (Phone/FAX No.) ATTEST: Armando Chapa (Date) City Secretary Project No.:5266 Encumbrance Authorization: ~~'~o~/v/~GF/ 2010-059 Page 1 of 1 (Revised January 1998) 02/03/10 Chiang, Patel and Yerby INDEXED Partners for a Better Quality of Life October 15, 2009 Mr. Kevin Stowers Interim Director-Engineering Services City of Corpus Christi P.Q. Box 9277 City of Corpus Christi, TX 78469-9277 RE: Request for Additional Fee-Amendment No. 1 City of Corpus Christi Gully Hurst Type IV Landfill Evaluation -Project 5266 Dear Mr. Stowers: CP&Y, Inc. is respectfully requesting an Amendment No. 1 to our contract for the above referenced .project. This request is due additional effort required to respond to City of Corpus Christi's requests in evaluating the proposed purchase of the Gully-Hurst landfill. CP&Y understands the important nature of this evaluation and has continued to support the city in responding to questions, discussion and analysis of the facility and has provided professional support and commentary on various aspects to the City for the project. CP&Y, Inc. requests the City of Corpus Christi approve these additional expenditures with an increased fee of $15,000. This would bring the contract tote! not to exceed fee to $64,000. We appreciate the opportunity to work with the City of Corpus Christi on this important project and will continue to do all that we can to assist the city in evaluating the purchase of the facility. If you have any questions, please call (214) 589-6921 or email bhindman~cgvi.com. Sincerely, CPY, Inc. William R. Hindman, P.E. Vice President Chiang, Patel & Yerby, Inc. 1820 Regal Row, Suite 200 0 214.638.0500 2 ~2~>ja~ CP&Y, Inc. City of Corpus Christi CPY Project No. CCC09065 Cost Estimate -Amendment No. l Task Houry Rate Hours Total Hours Budgeted General Support Services for Guily Hurst purchase Evaluation $180 84 $ 15,000 - Includes providin additional commentary and analysis of cost estimation Expenses $ Total CP&Y Estimated Required for completion 84 $ 15,000 Current Approved Contract Fee $ 49,000 Total Revised Contract Fee through Amendment No,1 $ 64,000 Exhibit A Pa e 2 of 2 Exhibit B Mandatory Requirements (Revised November, 2005) INDEMNIFICATION AND HOLD HARMLESS Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. SUPPLIER NUMBER TO BE ASSIGNED BY~IT~ PURCHASING DIVISION w~ii c°~us 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 pprovide the following informatlon. Every qyuestion must be answered. If the question is not applicable, answer with "NA". See reverse slde for Filing Requirements, Certifications and defimtlons. COMPANY NAME: P. O. BOX: ~~%F'r STREET ADDRESS: j~~.j j j~~ f CITY: ~,G jj~~ ~ ZIP: ~Js~.3 ~°~ FIRM IS: 1. Corporation ~ 2. Partnership ^ 3. Sole Owner ^ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this pa e 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 w / 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 sub,~ect of this contract and has an ownership interest" constituting 3% or more of the ownershlp 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 f led 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: ~/l/,a„„ ~~,~~~ Title: ~c~ ~,%~,~~~ D (Type or Print) Signature of Certifying - Date: Person: ~ o ~ ~ D 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. £ "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.