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Home My WebLink AboutC2011-267 - 8/1/2011 - NAAMENDMENT NO. 5 TO CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "CITY", and FREESE AND NICHOLS INC. hereinafter called "CONSULTANT," agree to the following amendment to the Contract for Professional Services for Yorktown Boulevard — Staples to Cimarron (Project No. 6464), as authorized and amended by: Original Contract Aril 24, 2009 Motion No. M2009 -066 $999,871.00 Amendment No. 1 November 22, 2009 Administrative Approval $48,500.00 Amendment No. 2 Aril 9, 2010 Administrative Approval $48,000.00 Amendment No. 3 Ma 5, 2010 Administrative Approval $42,812.00 Amendment No. 4 August 17, 2010 Motion No. M2010 -189 $636,003.00 ■ In the original contract, Section I. SCOPE OF SERVICES, Part A. Basic Services, 2. Design Phase shall be amended to include additional Design Phase Services as shown in the attached Amendment No. 5. Exhibit "A " , 3. Bid Phase shall be amended to include additional Bid Phase Services as shown in the attached Amendment No. 5 Exhibit "A ". ■ In the original contract, Section I. SCOPE OF SERVICES, Part B. Additional Services, 4. Environmental Issues shall be amended to eliminate certain Environmental Services as shown in the attached Amendment No. 5, Exhibit "A ". ■ In the original contract, Section III. FEES shall be modified as shown on the attached Amendment No. 5 Exhibit "A" for a revised fee not to exceed $0.00 (Zero Dollars and zero Cents) for a total restated fee not to exceed $1,775,186.00 (One Million Seven Hundred Seventy-Five Thousand One Hundred Eighty -Six Dollars and Zero Cents) All other terms and conditions of the April 24, 2009 contract and amendments between the City and Consultant will remain in full force and effect. CITY OF COVPC I 1 !� // 2101 Juan Perale Jr., P. E. Date Assistant ity Manager RECOM DED Pee Anaya, P. E, Date Director of Engineering Services FREES F ND NICHOLS, IN on G izmaf , P.E. Date Principal 5402 S. Staples, Suite 208 Corpus Christi, TX 78411 (361) 561 -6500 Office; (361) 561 -6501 Fax ATTEST � ✓�� Armando Chapa, City Secr&bry AP RgYED S TO,FORM [� �� -,- City Attorney Date Zoll -�6� 6669— /70 08/01/11 ENTERED 111 CONTRACT MANAGERS � j AMD. NO.5 Pa e1of1 9 Blvd Staples to CimarronlAmendment No. Mmendment No. 5.docx Freese and Nichols INDEXED November 30, 2010 Mr. Pete Anaya, P.E. Director of Engineering Services City of Corpus Christi P. 0. Box 9277 Corpus Christi, TX 78469 -9277 Re: Yorktown Boulevard Reconstruction — Staples to Cimarron Amendment No.5 Dear Mr. Anaya, Enclosed is a zero dollar amendment which addresses the elimination of certain environmental tasks (previously identified in Amendment #3) along with the addition of new landscape and irrigation drawing development, traffic control plans, storm water pollution prevention plans bid phase and construction phase services. Please note that the new landscape drawings and specifications will be developed to TOOT PSE standards. Please feel free to contact me at (361) 561 -6500 if you have any questions regarding this matter. Respectfully, Freese and Nichols, Inc. Ron Guzman, P.E. Principal CC: File Attachments E D. N0.5 IBIT "A" a 'I of 2 800 N. Shoreline Blvd., Suite XGDON p Carpus Christi, Texas 76901 w 361- 561.6500 + fax 361-561 -6501 YORKTOWN BOULEVARD - STAPLES TO CIMARRON (Project No. 6464) SUMMARY OF FEES w X� �v � W . N - Nn� ORIGINAL CONTRACT AMD. NO. 1 AMD. NO. 2 AMD. NO. 3 AMD. NO.4 AMD. NO.5 TOTAL BASIC SERVICES 1 Preliminary Phase $83,899.00 $0.00 $0.00 $0.00 $38,288.00 $0.00 $122,107.00 2 Design Phase $405,674.00 $36,000.00 48,000.00 0.00 355,799.00 24,129.00 $869,602.00 3 Bid Phase $18,004.00 $0.00 0.00 0.00 14,632.00 4,500.00 $37,136.00 4 Construction Phase $60,398.00 $0.00 0.00 0.00 45,838.00 0.00 $106,236.00 Subtotal Basic Services $567,895.00 $36,000.00 48,000.00 0.00 454,557.00 28,629.00 $1,135,081.00 ADDITIONAL SERVICES (Allowance) 1 Permitting (AUTHORIZED) TxDOT TCEQ -NPDES Notice of Intent/Termination TDLR- ADAITAS Compliance U.S. Army Corps of Engineers Total Permitting 5,818.00 5,768.00 1,435.00 1,395.00 6,178.00 6,139.00 718.00 14,149.00 0.00 0.00 0.00 13,302.00 0.00 $27,451.00 2 ROW Survey 24,705.00 0.00 0.00 0.00 38,580.00 0.00 $63,285.00 3 Topographic Survey 84,965.00 0.00 0.00 0.00 66,431.00 0.00 $151,396.00 3.1 Develop baseline reference drawings 0.00 12,500.00 0.00 0.00 0.00 $92,500.00 4 Environmental Issues 0.00 0.00 0.00 42,812.00 0.00 - 28,629.00 $14,183.00 5 Construction Observation (NOT AUTHORIZED) 254,412.00 0.00 0.00 0.00 0.00 0.00 $254,412.00 6 Public Involvement Phase 8,025.00 0.00 0.00 0.00 13,110.00 0.00 $21,135.00 7 Warranty Phase 7,564.00 0.00 0.00 0.00 12,500.00 0.00 $20,064.00 8 S.U.E.IHydro- Excavation 38,156.00 0.00 0.00 0.00 37,523.00 0.00 $75,679.00 Subtotal Additional Services 431,976.00 12,500.00 0.00 42,812.00 181,446.00 - 28,629.00 $640,105.00 TOTAL FEE Date $999,871.00 3124109 Motion No. M2009 -066 $48,500.00 11/22/09 Administrative Approval $48,000.00 419110 Administrative Approval $42,812.00 5113110 Administrative Approval $636,003.00 8/26110 Motion No. M2010 -189 $0.00 $1,775,186.00 Authorization SUPPLIER NUMBER TO BE ASSIGNED BY CITE • 1 = 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. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Freese and Nichols, Inc. P. O. BOX: STREET ADDRESS: 800 N. Shoreline Blvd., Suite 160ON FIRM IS: 1. Corporation 4. Association CITY: Corpus Christi 2. Partnership ❑ 3. Sole Owner ❑ 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) NIA NIA 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 NIA NIA 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 NIA NIA 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 NIA NIA EXHIBIT "B" Page 1 of 2 ZIP: 78401 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: Ron Guzman, P.E. Title: Principal {Type or Prin Signature of Certifying ,_ Date: Person: DEFINITIONS 1- S • +t 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. "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. EXHIBIT "B" Page 2 of 2