HomeMy WebLinkAboutC2009-219 - 6/16/2009 - ApprovedAMENDMENT No. 9- CEFE VALENZUELA LANDFILL
CONTRACT FOR ARCHITECTURAL/ENGINEERING SERVICES
The City of Corpus Christi, a Texas Home Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas
78469-9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering
Services) and Chiang, Patel, and Yerby, Inc., a Texas corporation, 1820 Regal Row, Suite 200, Dallas, Texas
75235, (ArchitecUEngineer- Consultant), hereby agree to the amendment of the contract administratively
approved December 21, 2007 and amended by Motion 2008-005, January 8, 2008 and amended
administratively by amendment January 3, 2008 and administratively approved February 10, 2008 and
administratively approved March 24, 2008 October 14, 2008 and administratively amended November 20,
2008 and administratively amended January 2009 and amended by Motion 2009-003, January 13, 2009 and
administratively amended on May 23, 2009, hereby agree to the amendment as follows :
Section II. C.1 Basic Services, is amended to add the following:
The ConsultanYs services will include basic research, documentation and design necessary for the
preparation of plans and specifications required for the construction of landfill disposal cell 1 for the
Cefe Valenzuela Landfill, including support for bidding, construction, and post construction activities.
The project scope will include all elements necessary to fully comply with applicable TCEQ
Regulations and the Cefe Valenzuela TCEQ Permit as amended or modified unless specifically
excluded. Services for will include Perimeter Access Road Extension approximately 1500 feet as part
of the work under the prepared contract documents. Design and construction phase services will
include Discharge Chute 1 which was required to be relocated from its original location in sector 4A.
Discharge Chute 1 will be designed to collect and convey the storm water from this section of the
landfill to Storm Water Pond 1. The Consultant will work closely with the City's project manager to
design and phase the construction program so as to ensure completion at least 90 days prior to
reaching permitted capacity in Disposal Cell 4B. The Consultant will exercise usual and customary
professional care in ConsultanYs efforts to comply with the applicable codes and regulations of City,
State, and other Federal authorities having jurisdiction including applicable fire codes, life safety
codes, health regulations, Texas Department of Insurance Windstorm Protection requirements, the
Americans with Disabilities Act, the Texas Department of Licensing and Regulation, Elimination of
Architectural Barriers Program (Article 9102), the Texas Trench Safety Act, and the Storm Water
Retention Act. The Consultant will include in the technical specifications a section entitled Trench
Safety which will incorporate by reference the legislation relating to the Texas Trench SafetyAct. The
Consultant will coordinate design activities and design elements with other Consultants as directed by
the City. The Consultant will work cooperatively with the City's project manager, citizens, local
organizations, City staff, elected officials and others.
A. PRE-DESIGN SERVICES
Consultant will:
1. review the Cefe Valenzuela TCEQ Permit as amended or modified.
2. review existing plans, specifications, survey data SDP requirements and other information to be
supplied by the City.
3. update site survey controls and provide detailed topographic survey of the area identified for
development of Cell 1;
4. conduct a field evaluation of existing conditions and requirements;
5. evaluate existing hydrology analysis and hydraulic study and current applicability; and
6. evaluate operational drainage control considerations.
The City Engineer has or will provide as available and applicable:
a. reproducible standard detail sheets;
b. city standard specifications, standard provisions, forms, and notices;
c. the budget for the project specifying the funds available;
d. record drawings and base data of the existing facilities if available;
e. a geo-technical investigation and report of the selected site; and
f. available survey including topographic information, metes and bounds description, and
2009-219 ~S~
M2009-169
06/16/09 preliminarv Construction Document Phase (60%1 - The Consultant will:
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a. employ and coordinate the activities of ConsultanYs staff, and such consulting engineer(s) to
ensure all engineering related report documents are prepared under the direct supervision of
engineer(s) registered to practice in the State of Texas. Sub-Consultants (engineer(s)) shall
practice engineering in the disciplines for which they will be engaged in the design of this project;
b. prepare design development documents for the entire project based on the approved Cefe
Valenzuela Land Permit to establish the scope of the project through the use of plans, sections,
schedules, typical details, elevations, and outline specifications;
c. produce design documents in a manner to assure their suitability for continued use in the
development of bid, contract, and construction documents;
d. all design, bid, and construction documents will be developed with electronic format (AutoCAD
r.14 or higher);
e. drawings will define all major elements and systems in civil, landscaping schematic, liners,
leachate collection, gas management, groundwater monitoring wells and other required
improvements;
f. coordinate sub consultants for civil engineering, surveying, and construction phase services, and
provide for the inclusion their design documents in the design - construction documents
delivered to the City;
g. update the estimate of probable construction cost and project schedule;
h. deliver four (4) sets of design development drawings that represent 60% contract document
completion to the City Engineer and meet with City staff and the City's program manager for
review and approval;
i. ensure the delivered design development documents include at a minimum:
• design development level drawings of all disciplines;
• design narrative;
• outline specifications;
• project phasing plan;
• an updated opinion of probable construction costs; and
• site development plan, liner plan, leachate system plan, gas management plan, groundwater
monitor well plan, storm water drainage and detention pond(s) and other required
improvements.
2. Desiqn - Construction Document Phase (100%1- The Consultant will:
a. employ and coordinate the activities of ConsultanYs staff architect(s), and consulting engineer(s)
to ensure all architectural and engineering related report documents are prepared under the
direct supervision of and sealed by architect(s) or engineer(s) registered to practice in the State
of Texas.
b. prepare drawings, specifications, bid, contract, construction documents based on the approved
design development documents which set forth in detail the requirements, drawings,
specifications, and quality levels of materials and systems necessary in the format to permit the
bid, contract award, and construction of the project including establishing the limits of
construction/landfilling activities, determining the intermediate drainage control requirements and
hydraulic design for Cell 1 and preparation of interim drainage control system drawings;
c. prepare construction drawings (plans and specifications) in City format;
d. deliver four (4) copies of the 90% complete construction documents for each construction
contract and meet with the City Engineer and City staff for review and approval prior to
completion of the final bid and construction documents;
e. the Consultant will prepare technical specifications which define the quality and installation of
materials, systems, and equipment;
f. deliver to the City Engineer plans, specification manuals, bid and contract documents in a format
suitable for complying with TCEQ Regulations and the Cefe Valenzuela Landfill Permit as
amended or modified;
g. review by the Texas Department of Licensing and Regulation (TDLR) for handicap accessibiliry if
applicable;
h. work on behalf of the City Engineer in evaluation and correction of documents to meet
requirements of the TDLR if necessary;
i. deliver to the City Engineerfinal reproducible plans, specifications, contract and bid documents
in City format including full size and half size plan sheets;
i. review and validate the estimate of probable construction cost and project budget as it relates to
alternative construction based on the final construction documents;
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recommend alternatives, methods of bidding, and any alternate bid items that may be needed to
allow the City to award the construction contract within budget;
The City Engineer has or will provide:
a. reproducible standard detail sheets;
b. city standard specifications, standard provisions, forms, and notices;
c. the budget for the project specifying the funds available;
d. record drawings and base data of the existing facilities if available;
e. a survey including topographic information, metes and bounds description, and geo-technical
information.
3. Bid Phase - The Consultant shall complete the following as part of the bid phase services:
a. attend on-site(s) pre-bid conference noting inconsistencies (if any) in the bid documents;
b. prepare for the City Engineer any addenda necessary to inform contractors of other revisions to
the bid documents identified prior to bidding. Addenda will be prepared by Consultant and
reproduced and distributed by the City Engineer;
c. assist the City Engineer in securing bids, analyze bids, and make a written recommendation
concerning award of the contract; and
d. in the event the bid received by the lowest responsible bidder exceeds the established project
budget for construction, the Consultant will, at his/her expense, confer with City Engineer and
make revisions as necessary and satisfactory to the City Engineer to permit the re-advertising of
the project for bids.
The City Engineer has or will:
a. reproduce all documents and addenda to be distributed to prospective bidders;
b. deliver, (with the assistance of the Consultant) documents to all regulatory authorities as
required for review;
c. advertise the project for bidding, maintain the list of prospective bidders, receive and process
deposits for bid documents, issue (with the assistance of the Consultant) anyaddenda, prepare
and supply bid tabulation forms, and conduct the bid opening;
d. receive the ConsultanYs recommendation concerning bid evaluation and award and prepare
agenda memorandum for the City Council concerning contract award; and
e. prepare, review, and provide copies of the contract for execution by the contractor.
C. CONSTRUCTION SERVICES
1. Construction Phase -The Consultant shall complete the following tasks during the construction
phase:
a. attend and assist the City Engineer with a pre-construction meeting between the contractor,
City Engineer, and other interested parties;
b. review and check for approval, materials and other submittals customarily provided by the
Contractor or required by contract documents during the course of construction by the
contractor and ensure that two field copies and one record of submittal data is provided to the
City Engineer (the construction contract documents will provide for the contractor to pay the
cost for any approval, materials or other submittals requiring more than two (2) reviews bythe
Consultant). The ConsultanYs review or approval of Contractor's submittals such as shop
drawings, product data and samples shall only be for the limited purpose of checking for
general conformance with the visual design concept expressed in the contract documents.
The Consultant shall not be responsible for any deviations between the shop drawings, the
contract documents, and field conditions;
c. provide interpretations and clarifications of the plans and specifications forthe contractor and
authorize minor changes which do not affect the contractor's price or the duration of the
construction contract, and are not contrary to the general interest of the City under the
contract;
d. review and evaluate any change order proposals that may be necessary during the progress
of the work including a recommendation to accept or reject
e. consult with the City Engineer and advise during construction and confer with City staff and
other governmental authorities as needed;
f. make necessary visits to the site(s) of the project, work in cooperation with the City Engineer
and his/her representative (Project Manager) and contractorto observe the general progress
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and quality of work, and determine, in general, if the work is being done in accordance with
the contract documents and in accordance with the quantities of work represented in current
contractor requests for payment. Consultant site visits will not constitute or be confused with
a resident inspection or continuous monitoring of the progress of construction. The
ConsultanPs local engineering consultants will provide periodic site visits during the
construction period. Other sub consultants will make periodic site visits as necessary during
the construction period.
travel in Corpus Christi, and its environs, as necessaryforaccomplishmentof services under
this contract; and
the consultant is not responsible for the contractor's means and methods of construction.
The City will:
a. prepare, review and approve monthly payment requests and time statements by the
contractor;
b. provide all engineering materials testing and laboratory services by separate contract; and
c. provide field inspection of the construction on a regular basis, at City expense, to maintain a
record of the progress and quality of the work.
2. Record Drawings - The consultant shall review the Contractors field set of construction
drawings and specifications. On the basis of "red-line" drawings and marked-up
specifications provided by Contractor, and based upon known deviations, change orders,
mark-ups, and changes reported by the City project inspector, the Consultant shall
prepare "as-builY' record drawings and specifications of the project as constructed and
deliver to the City Engineer a reproducible set and electronic file (AutoCAD r.14 or later)
of the record drawings and a marked up set of specifications.
D. POST-CONSTRUCTION SERVICES - The Consultant shall:
1. conduct a preliminary inspection and prepare a punch list of items for correction, repair or
installation by the contractor to be delivered to the City Engineer and contractor prior to final
inspection;
2. conduct a final inspection with the City representative and contractor which shall include a
familiarization walk-through with City personnel (if applicable) of inechanical and control
systems, emergency procedures, and maintenance procedures;
3. review of the following materials submitted by the contractor for completeness: operation
manuals, maintenance manuals, technical information, approved submittal sheets, parts lists,
manufacturer maintenance guaranties and warranties and/or other guaranties or warranties
and forward the material to the Citys designated representative for copying, collating, and
distribution; and
4. assist the City Engineer in completion and submittal of all certifications, inspections and other
material required by TCEQ.
5. on behalf of the City Engineer, work in cooperation with the Texas Department of Licensing
and Regulation on the inspection phase of the project for compliance with Article 9102 -
Texas Statutes, Elimination of Architectural Barriers Program.
E. ADDITIONAL SERVICES - The Consultant will:
1. Provide Groundwater Management Design and Analysis to mitigate dewatering activities
during construction. The Consultant will explore alternatives for groundwater management
and control for the Sector 1A area in addition to those previously employed for Sectors 4A &
4B based on experiences and data obtained from the work performed for the Sector 4A and
46 projects. Information and experience from previous construction will be used in evaluating
options that may be beneficial to the design development of the required dewatering system
for Cell 1 A and future Cell development. The presence of high groundwater within the permit
boundary of the site requires a determination be made to optimize the landfill design to
minimize impacts on schedule and cost of construction to develop the most practical and
economical means to address the presence of groundwater by studying the options under
this task, and establish the most viable method or practice regarding dewatering activities at
the site.
Section III Fees Authorized is amended to read:
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II. FEES AUTHORIZED
The City will pay the Consultant a total not to exceed fee of $750,650.00. The fee consists of:
• An original contract fee not to exceed fee of $50,000.00;
• a fee for Amendment No. 1 services not to exceed fee of $147,000.00;
• a fee for Amendment No. 2 services not to exceed $20,500.00;
• a fee for Amendment No. 3 services not to exceed $49,730.00;
• a fee for Amendment No. 4 services not to exceed $31,046.00;
• a fee for Amendment No. 5 services not to exceed $20,000.00;
• a fee for Amendment No. 6 services not to exceed $14,400.00;
• a fee for Amendment No. 7 services not to exceed $67,314.00;
• a fee for Amendment No. 8 Services not to exceed $6,660.00; and
• a fee for Amendment No. 9 Services not to exceed $344,000.00
Completion of design phase, bid phase and construction phase services are authorized byAmendment No.1
as set forth in the original contract as amended. Consultant will be compensated for airfare, ground
transportation, lodging, and per diem meal expenses incurred due to out-of-town travel on a not to exceed
basis as set forth in the Summary of Fees. Travel will be will be documented by photocopies of receipts and
invoices. Per Diem will be at the GSA rate.
The table "Summary of Fees" shall be used when calculating the fee due for the proportion of services
completed. The City shall make prompt payments in response to ConsultanYs statements for Professional
Services.
Billing for services provided in Section II A, B, D, and E will be based on the Consultant's estimate of the
percent of services complete at the time of billing. The fee for additional services (Section II.E) is included as
part of the fee listed for Design, Bid and Construction phase services listed in the table "Summary of Fees".
However, in no case will the billing exceed 90% of the fee for each phase until the delivery of documents
associated with each phase has been reviewed and accepted by the City. Billing for services provided in
Section II.C.1 will be based on the amount of construction completed. Billing tor services provided in Section
II.C2 shall be payable upon delivery of the record drawings to the City Engineer. Billing for services provided
in Section II.C will be payable upon pertormance of inspections and delivery of all materials to the City.
Survey work will be invoiced at the billing rate of the sub-consultant performing the survey without markup.
Consultant will submit monthly statements for work authorized by the City Engineer and performed by the
Consultant. The statement will be based upon ConsultanYs estimate and concurrence by the City of the
proportion of the total services actually completed at the time of billing. The City will make prompt monthly
payments in response to ConsultanYs monthly invoices.
All invoices shall be accompanied by a cover letter summarizing the fee in accordance with the Summary
Schedule of Fees. Invoices will be sequentially numbered for each project and state the project name. The
letter shall state the number of the current invoice, the contract fee for each task, the amount previously
invoiced for each task, and the current amount due. Invoices will be organized to accommodate funding
sources. During the construction phase, the ArchitecUEngineer will also submit a brief letter/memo
summarizing observations during the site visit, the work of the contractor, construction progress for the billing
period, and any pending items.
Summary of Fees:
Tasks Description Fee
Original Contract
Pre-design and Review Services
II.A Preliminary Design and Review 12,180.00
II.B Survey Update (Allowance) 10,000.00
II.C Travel 1,000.00
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Pre-design Subtotal 23,180.00
Basic Services & Additional Services
11.6.1 Initial Design - Construction Document Phase 60% 26,820.00
Original Total Fee 50,000.00
Amendment No. 1 Authorized Services
11.8.2 Design - Construction Document Phase 100% 40,000.00
11.6.3 Bid Phase 5,000.00
Design/Bid Subtotal 45,000.00
Construct ion Services
II.C.1 Construction Phase 88,000.00
II.C.2 Record Drawings 5,000.00
Construction Service Subtotal 93,000.00
Post Construction Services
II.D Post Construction Phase 5,000.00
Post Construction Services Subtotal 5,000.00
Expense Allowance 4,000.00
Amendment No. 1 Fee 147,000.00
Amendment No. 2 Authorized Services
I.A.1.f. Surveying - Storm Water Pond for Disposal Cells 4A and 4B 20,500
Amendment No. 2 Fee 20,500
Amendment No. 3 Authorized Services
I.A.1.f. Cell Construction Schedule and Storm Water Pond 1 18,858
I.A.2.k. Mass Excavation Cell 4A 18,968
I.A2.1. Prepare Separate Bid Construction Documents for Cells 4A and 4B 11,904
Amendment No. 3 Fee 49,730
Amendment No. 4 Authorized Services
11.6.3 Bid Phase Services Cell 4B 3,712
II.C.1.m Construction Phase - Cell 4A and Cell 46 10,150
IIC.1.n Construction Phase - Surveying - Topographic & Documentation 4A & 4B 17,184
Amendment No. 4 Fee 31,046
Amendment No. 5 Authorized Services
II.A Preliminary Design and Review 20,000
Amendment No. 5 Fee 20,000
Amendment No. 6 Authorized Services
II.C.1 4A Ongoing Construction Support Site Visits 7,680
4A Ongoing Construction Office Support 6,720
Amendment No. 6 Fee 14,400
Amendment No. 7 Authorized Services
II.C.1 4B/Pond 1 Ongoing Construction Support Site Visits 16,320
4B/Pond 1 Ongoing Construction Support - Office and Project
Management 14,280
4B/Pond 1 Ongoing Construction SuppoR - Sub-consultant On Site
Construction Observation 15,780
4B/Pond 1- Expenses as set forth by Section III Fees. (Allowance) 5,250
II.D 4B/Pond 1 Post Construction Support 4,000
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4B/Pond 1 Record Drawings 3,500
46/Pond 1 Complete Confirmation and Documentation Surveys 8,184
Amendment No. 7 Fee 67,314
Amendment No. S Authorized Services
II.C.1 Ballast Evaluation Survey for Sector 4A 6,660
Amendment No. 8 Fee 6,660
TOTAL 406,650.00
Amendment No. 9 Authorized Services
Design Services
11.6.1 Initial Design - Construction Document Phase 60% 51,000
II.B2 Design - Construction Document Phase 100% 41,000
II.B.3 Bid Phase 5,000
Construct ion Phase Services
II.C.1 Construction Phase 91,000
II.C.2 Record Drawings 7,000
Post Construction Services
II.D Post Construction Phase
Additional Services
II.E.1 Groundwater Management Design and Analysis 64,000
II.E.2 Topographic Surveying, Mapping, Field Investigations etc. 69,000
Expense Allowance
Reimbursement for Out of Town Travel, Per Diem Expenses 16,000
Amendment No. 9 Fee 344,000
TOTAL $750,650
XI. DISCLOSURE OF INTEREST
In compliance with City of Corpus Christi Ordinance No. 17112, Consultant agrees to complete the City of
Corpus Christi Disclosure of Interests form which is incorporated in the contract as Exhibit "C".
All other terms and conditions of the originally authorized December 21, 2007, as amended, between the
City and Consultant shall remain in effect.
CITY OF CORPUS CHR STI CHIANG, ATEL AND YE Y, INC.
sy: /~ 6' lb' • o y By: .~ 1 S o
Oscar Martinez Date Authorized Repr sentative D e
Assistant City Manager
ATTEST•
h 6~S d9
Armando Chapa Date
City Secretary
RE~M NDE~ /~
G
Pete Anaya, P.E. ~ Date
Director - Engineering Services
~n~~~ ~~ AUTHORIZED
er couMCa~.~1.~.~
..~......~ ~e~
SECR2i'ARY J~ •
APPROVED AS TO FORM:
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~ ~
Assistant City Attorney Date
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~ Ciry of
COT'pUS CITY OF CORPUS CHRISTI
~~V Ci1T'ISII DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the Ciry to
provide the following information. Every question must be answered. If the question is not applicable, answer with NA.
FIRM NAMI
STREET: /
FIRM is: 1
5. Other
o,~./_~ ~ ciTV:1/a l~ /~ ~c ziP:
2. Partnership_ 3. Sole Owner_ 4. Association_
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 th ownership in the above named firm.
Name Job Title and City Department (if known)
Dd~L~
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
~~N ~~
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
r~il/l~
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 promptiy submitted to the City of Corpus
Christi, Texas as chang s occur. ~~ /~
CertifyingPerson:~ ~ i n Title: V/~~Y~'"-~
ype or rin
Signature of Certifying Perso : ~ Date: ~~~~D~
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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 professionai, 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 seif-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~City Manager, Assistant City Managers,
Department and Division Heads and Municipal Courf Judges o~ the Ci 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 trusts, proxies or special terms of venture or partnership agreements.
f. Consultant. Any person or flrm, such as engineers and architects, hired by the City of Corpus Christi for the
purpose of professional consultation and recommendation.
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