HomeMy WebLinkAboutC2009-392 - 10/16/2009 - NAAMENDMENT No. 11 - 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-Gonsultant), 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. E. Additional Services is amended to add the following:
E. ADDITIONAL SERVICES
1. Permit Amendment -The Consultant will complete the necessary actions for the City of Corpus
Christi to receive Texas Commission on Environmental Quality approval of the following
Municipal Solid Waste Permit Modifications for Cefe Valenzuela Landfill:
• Modification of Permit for management of evaporation water;
• Modification of Permit for Unit 1 fill sequencing plan; and
• Modification of Permit to allow recirculation of leachate/condensate into the fill area.
Tasks to be undertaken include, but are not limited to:
The Consultant will prepare conceptual plans and details for management of evaporation
water during construction that is consistent with the current permit and TCEQ regulations.
The objective is to demonstrate the soil types and conditions on the site are suitable and
meet regulatory requirements to manage evaporation waterwithout requiring containment in
the lined pond.
The Consultant will analyze the sequence of landfill development, prepare the permit
modification application and drawing, and assist the City in securing a permit modification to
improve management of drainage, space and construction costs.
Secure TCEQ approval for the use of recirculation of leachate/condensate as a method of
managing leachate collected in sumps. The landfill and Subtitle D liner permits the use of
recirculation if the method is included in the permit. This will allow the City increased
flexibility in the management of leachate.
The Consultant will prepare all necessary materials, meet with TGEQ, and the City as necessary
for the City to receive the permit modification.
Section III Fees Authorized is amended to read:
II. FEES AUTHORIZED
The City will pay the Consultant a total not to exceed fee of $795,902.00. 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
• a fee for Amendment No
• a fee for Amendment No
• a fee for Amendment No
• a fee for Amendment No
• a fee for Amendment No
• a fee for Amendment No
- -. loo fr.r Amcnrtment Nn
2009-392
10/16/09
2 services not to exceed $20,500.00;
3 services not to exceed $49,730.00;
4 services not to exceed $31,046.00;
5 services not to exceed $20,000.00;
6 services not to exceed $14,400.00;
7 services not to exceed $67,314.00;
8 services not to exceed $6,660.00;
9 services not to exceed $344,000.00;
10 services not to exceed $20,252.00; and
11 services not to exceed $25,000.00.
Chiang, Patel and Yerby H:\HOME\KEVINS\GEN\LANDFILL\ValenzuelaCells4A4BWEAmd11.doc
Completion of design phase, bid phase and construction phase services are authorized by Amendment 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
II.C.2 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 performance 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 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
II.B.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
II.B.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
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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 46 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 4B 11,904
Amendment No. 3 Fee 49,730
Amendment No. 4 Authorized Services
11.6.3 Bid Phase Services Cell 46 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 46/Pond 1 Ongoing Construction Support Site Visits 16,320
46/Pond 1 Ongoing Construction Support -Office and Project
Management 14,280
46/Pond 1 Ongoing Construction Support -Sub-consultant On Site
Construction Observation 15,780
46/Pond 1 -Expenses as set forth by Section III Fees. (Allowance) 5,250
II.D 4B/Pond 1 Post Construction Support 4,000
46/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
II.B.1 Initial Design -Construction Document Phase 60% 51,000
II.B.2 Design -Construction Document Phase 100% 41,000
11.6.3 Bid Phase 5,000
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Construction 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
Amendment No. 10 Authorized Services -Cell 46
II.C.1 Construction Management, Observation & Surveying 20,252
Amendment No. 10 Fee 20,252
Amendment No. 11 -Authorized Services
II.E.3 Permit Modifications $25,000
Amendment No. 11 Fee $25,000
TOTAL $795,902
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'~C-O-R~PUS CHRISTI / CHIANG PATEL AND YE BY, INC.
Y _
Oscar Martinez Date Authorize epresentative Date
Assistant City Manager
ATTEST:
~'~ (~1,~"Y~t
Armando Chapa Date
City Secretary
RECOMM ED'
//S O
Pete Anaya, P.E. Date
Director -Engineering Services
APPR V AS TO~ORM:
~ ~~~~
Assistant ity ttorney Date
J4~.,....,~ ~O . . 2~fJf
perating Department (Date)
E8~7~~~
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SUPPLIER NUMBER
~~ TO BE ASSIGNED BYZZTY-
PURCHASING DIVISION
~i.i•
Co us
citymof 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 information. Every question must be answered.
If the question is not a~~licable, answer with `NA". See reverse side for Filing Requirements,
Certifications and definitions.
COMPANY NAME:
P. O. BOX:
STREET ADDRESS: /~~ ~~%,~, ~~~- CITY: /~ r l ~ ZIP: 7~y,~`f
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 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 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 s changes occur:
Certifying Person: ~`~ ~ f //Y ~d,n Title: ~~~ ~Y~'.~t>/~e....~
(Type or Print) s
Signature of Certifying J~~~~J~"., n Date: 9 ~ Q~
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 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.