Loading...
HomeMy WebLinkAboutC2009-385 - 9/22/2009 - NAAMENDMENT No. 10 - 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, (Architect/Engineer -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, and amended by Motion 2009-169 on June 16, 2009 hereby agree to the amendment as follows Section II. C.1 Basic Services, is amended to add the following: C. CONSTRUCTION SERVICES 1. Construction Phase -The Consultant shall complete the following tasks during the construction phase of Disposal Cell 4B: The Engineer's construction management, construction observation and surveying services are extended to ratify an additional 38 days service due to time extension approved for construction Change Orders No. 1 and 2. Section III Fees Authorized is amended to read: II. FEES AUTHORIZED The City will pay the Consultant a total not to exceed fee of $770,902.00. 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; • a fee for Amendment No. 9 Services not to exceed $344,000.00; and • a fee for Amendment No. 10 services not to exceed $20,252.00. 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 Consultant's 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 I I. 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 for services provided in Section " ~' ' °"°" "° °°~~°"'° ~ ~^^° slivery of the record drawings to the City Engineer. Billing for services provided 2009-385 upon performance of inspections and delivery of all materials to the City. 09/22/09 it the billing rate of the sub-consultant performing the survey without markup. ~hiang, Patel and Yerby H:\HOME\KEVINS\GEN\LANDFILL\ValenzuelaCells4A4BWEAmd10Contract.doc Consultant will submit monthly statements for work authorized by the City Engineer and performed by the Consultant. The statement will be based upon Consultant's 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 Consultant's 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 Architect/Engineer 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 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 11.6.2 Design -Construction Document Phase 100% 40,000.00 11.6.3 Bid Phase 5,000.00 Design/Bid Subtotal 45,000.00 Construction 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.A.2.1. Prepare Separate Bid Construction Documents for Cells 4A and 46 11,904 Amendment No. 3 Fee 49,730 Amendment No. 4 Authorized Services 11.6.3 Bid Phase Services Cell 4B 3,712 Page 2 of 4 H:\HOME\KEVINS\GEN\LANDFILL\ValenzuelaCells4A46WEAmd10Contract.doc II.C.1.m Construction Phase -Cell 4A and Cell 4B 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 Support -Sub-consultant On Site Construction Observation 15,780 4B/Pond 1 -Expenses as set forth by Section III Fees. (Allowance) 5,250 II.D 46/Pond 1 Post Construction Support 4,000 4B/Pond 1 Record Drawings 3,500 4B/Pond 1 Complete Confirmation and Documentation Surveys 8,184 Amendment No. 7 Fee 67,314 Amendment No. 8 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 11.6.2 Design -Construction Document Phase 100% 41,000 11.6.3 Bid Phase 5,000 Construction Phase Services It.C.1 Construction Phase 91,000 II.C.2 .Record Drawings 7,000 Post Construction Services I I. 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 Amendment No. 10 Authorized Services -Cell 46 II.C.1 Construction Management, Observation & Surveying 20,252 Amendment No. 10 Fee 20,252 Page 3 of 4 H:\HOME\KEVINS\GEN\LANDFILL\ValenzuelaCells4A4BWEAmd10Contract.doc TOTAL $770,902 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 CHRISTI CHIANG ATErL AND Y BY, INC. By: Cf7'l ~'I ~-- 4~ Z2.c,9 B : ~ ~ ~ ~ Oscar Martinez Date Authorized Representative e Assistant City Manager ATTEST: Armando Chapa Date City Secretary RECOM`j4/c/L' ~G Pete Anaya, P.E. Date Director -Engineering Services APPR V D A~ORM: rt ~~ Assistant City Attorney Date ~ ~/~ ~/~ Page 4 of 4 H:\HOME\KEVINS\GEN\LANDFILL\ValenzuelaCells4A46\AEAmdIOContract.doc _ = CITY OF CORPUS CHRISTI ""'`" DISCLOSURE OF INTEREST City of Corpus 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 a placable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P. O. BOX: STREET ADDRESS: j ~~ ~ ~~--p~-~" CITY: ~ ~ 113 ~ ZIP: `7.r~.~S~ 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 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 m 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 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. [ th~cs 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: ~~~ ~ 1"/i~'IL:~Yr7~ Title: ~~ (Type or Print) Signature of Certifying ~~/,~ --~ ~ Date: Person: ~''2''~C"~ ~ ~ ~~ !~ DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. "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.