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HomeMy WebLinkAboutC2010-265 - 7/21/2010 - NAAMENDMENT No. 18 - CEFE VALENZUELA LANDFILL CONTRACT FQR ARCHITECTURALIENGINEERING SERVICES The City of Corpus Christi, a Texas Home Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469-9277 (City) acking 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 2D0, Dallas, Texas 75235, (ArchitectlEngineer-Consultont), 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 2409-003, January 13, 2009 and administratively amended on May 23, 2009, and amended by Motion 2D09-169 on June 16, 2009 and administrativefyomended on October 16, 2009 and administratively amended January 22, 2009 (processing delayed), and administratively amended January 13, 2010, and Amendment No. 14 administratively amended March 24, 2010, and Amendment No. 15 administratively amended April 1, 2010, and Amendment Na. 16 in process and Amendment No. 17 in process hereby agree to the amendment as follows: Section II, A. Basic Services is amended to add the following: II.E.9 Additional Services -Revise Permit Application lnformation per TCEQ Request. The Consultant will: 1. Prepare a response to the TCEQ Notice of Deficiency for Permit Modification Application regarding Evaporation Ponds for Dewatering Activities and Landfill Sequence Development; 2. Provide revised closure cost eskimate satisfackory to the TCEQ far the proposed permit modification including analysis of brine water disposal, transport, and removal from site during site closure activities; and 3. Preparation of revised landfill site operating plan to include requirement for evaporation pond operation and inspection, and sample evaporation calculation to address additional information requesked by TCEQ. The services to be provided under this amendment are more fully discussed and set forth by the proposal letter attached as Exhibit A ~/~ Section lif Fees Authorized is amended to read: II. FEES AIiTHORIZED The City will pay the Consultant a total not to exceed fee of $951,D72,00. The fee consists of: • An original contract fee not to exceed fee of $50,OOD.00; • a fee for Amendment No. 1 services not to exceed fee of $147,000.DO; • a fee for Amendment No. 2 services not to exceed $20,500.D0; • 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 far Amendment No. 5 services not to exceed $20,000.00; • a fee for Amendment No. 6 services nok to exceed $14,40D.00; • a.fee for Amendment No. 7 services not to exceed $67,314.00; • a fee for Amendment No. 8 services not to exceed $6,6BD.00; • a fee for Amendment No. 9 services not to exceed $344,000.00; • a fee for Amendmen# No. 10 services not to exceed $20,252.00; * a fee for Amendment No. 11 services not to exceed $25,000,00; • a fee for Amendment No. 12 services not to exceed $31,980.00; • a fee far Amendment No. 13 services not to exceed $19,120.00; • a fee for Amendment No. 14 services not to exceed $12,340.00, • a fee for Amendment No. 15 services not to exceed $17,000.00; • a fee for Amendment Na. 16 services not to exceed $16,800.00; • a fee for Amendment Na. 17 services not to exceed $39,390.00; and • a fee for Amendment No. 18 services not to exceed $18,540.OD. 2010-2G~ 07/21/16 Chiang, Pate! &Yerby H:IHOMEIICEVINSIGENILANDFILL1ValenxuelaCells4A461AEAmd18.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 transpartakion, 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 fl 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 I1.E) is included as part of the fee listed far 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 11.C.1 will be based on the amount of construction completed. Billing far services provided in Section II.C.2 shall be payable upon delivery ofthe 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 Ciry. 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 moo#hly 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 amounk previously invoiced for each task, and the current amount due. Invoices will be organized to accommodate funding sources. During khe construction phase, the ArchitectlEngineer will also submit a brief letterlmema summarizing observations during the site visit, the work of the contractor, construction progress farthe 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 ILB Survey Update (Allowance) 10,000.00 ILC Travel 1,000.04 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 Ii.B.3 Bid Phase 5,000.00 Design/Bid Subtotal 45,000.00 Construction Services Page 2 0# 5 H:IHOMEIKEVINSIGENILANDFfLLIValenzuelaCelEs4A4B1AEAmd17.dac Ii.C.1 Construction Phase 88,000.00 lLC.2 Record Drawings 5,OOD.00 Construction Service Subtotal 93,000.00 Post Construction Services II.D Post Construction Phase 5,D00,00 Post Construction Services Subto#al S,ODO.DO Expense Allowance 4,D04.04 Amendment No. 1 Fee 147,DDD.00 Amendment No. Z Authorized Services I.A.1.f. Surveying -Storm Water Pnnd for Disposal Cells 4A and 4B 20,500 Amendment No. 2 Fee 20,500 Amendment No. 3 Authorized Services LA.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 far Cells 4A and 4B 11,904 Amendment No. 3 Fee 49,730 Amendment No. 4 Authorized Services II.B.3 Bid Phase Services Celt 4B 3,712 II.C,1, m Construction Phase - Ce114A and Cell 4B 1 D,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 2D,ODD Amendment No. 5 Fee 2D,000 Amendment No. 6 Authorized Services ILC.1 4A Ongoing Gonstructian Support Site Visits 7,68D 4A Ongning Construction Office Support 6,720 Amendment No. 6 Fee 14,404 Amendment No. 7 Authorized Services ILC.1 4BIPond 1 Ongoing Construction Support Site Visits 1fi,320 4BIPond 1 Ongoing Construction Support -Office and Project Management 14,280 4BIPond 1 Ongoing Construction Support -Sub-consultant On Site Construction Observation 15,780 4BIPond 1 -Expenses as set forth by Section I11 Fees. (Allowance) 5,250 II.D 4BIPond 1 Post Construction Support 4,OOD 4BIPond 1 Record Drawings 3,500 4BIPond 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 6,664 Amendment No. 8 Fee 6,660 Page 3 of 5 M:IHOMEIKEVINSIGI=NILANDFILI.IVafenzuefaCel1s4A4B1AEAmd17.doc TOTAL 406,650.00 Amendment No. 9 Authorized Services Design Services II.B.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 II.C.1 Construction Phase 91,OD4 I1.C.2 Record Drawings 7,OOD Past Construction Services 11.D Post Construction Phase Additional Services ILE.1 Groundwater Management Design and Analysis 64,000 II.E.2 Topographic Surveying, Mapping, Field Investigations etc. 69,000 Expense Allowance Reimbursement far Out of Town Travel, Per Diem Expenses 16,000 Amendment No. 9 Fee 344,000 TOTAL $750,650 Amendment No, 10 Authorized Services - Ceil 4B II.C.1 Construction Management, Observation & Surveying 20,252 Amendment No. 10 Fee 20,252 Amendment No. 11 -Authorized Services I1.E.3 Permit Modifications $25,000 Amendment No. 11 Fee $25,000 Amendment No. 12 -Authorized Services 11.6.2 Design Considerations -Disposal Cell 1A, Storm Water Chute 1 31,980 Amendment 12 Fee $39,980 Amendment No. 13 -Authorized Services II.B.2 Electrical Power and Groundwater Evaporation System Controls 19,120 Amendment No. 13 Fee $19,120 Amendment No. 14 -Authorized Services II.E.4 Evaluation of Animal Entry LimitationlEscape Options - Leachate Ponds 3,060 II.E.S Survey for BER 7,700 ILE.6 Review BER Survey and Volume Calculations 1,48D Amendment No. 14 Fee 12,34D Amendment No. 15 -Authorized Services II.E.7 Determine Effects of Diversion of Construction and Demolition Debris and Analysis of Potential Effects on Construction Schedule of Additional Disposal Cells 17,000 Amendment No. 15 Fee 17,000 Amendment No. 16 -Authorized Services II.B,2 ~ 3 & Design, Bid Construction Phases and Delivery of As Built Drawings for Concrete Slab -Existing Maintenance Building 16,800 Page 4 of 5 H:IHOMEIKEVlN51GENILANQFILL1ValenzuelaCells4A4B1AEAmd17.doc IIC.1 -2 Amendment No. 16 Fee 16,800 Amendment No. 17 - Au#horized Services II.E.B Analysis of Landfill Liquid Requirements and Leachate System 39,390 Amendment No. 17 Fee 39,390 Amendment No. 18 -Authorized Services ILE.B. 1 Prepare a response to the TCEQ Notice of Deficiency for Permit Application 8,400 II.E.8.2 &3 Prepare Revised Closure Cost Estimate Preparation of revised landfill site operating plan 10,140 Amendment No. 18 Fee 18,540 TOTAL $951,072. XI. DISCLOSURE OF INTEREST Incompliance with City of Corpus Christi Ordinance No. 17112, Consultant agrees to complete the City of Corpus Christi Disclosure oflnferests form which is incorporated in the contract as Exhibit "C". All other terms and conditions of the originally authorized December 21, 2007, as amended, between the City and Consultant shall remain in effect. CITY OF CORPUS RI TI CHfANG ATEL AND YERBY INC. B : Zi ~J ~~~ 7 ~ d y By. Juan Penal , P.E. Dat Authorized Representative ate Assistant ity Manager ATTEST: ~ ~(~ Armando Chapa Date City Secretary RECOMMENDED: Pete Anaya, P.E. ate Director -Engineering Services APPROVED A5 TO FORM: ~.,vs%r ~ ~ - f 6 . if Assistant City tt rney Date r ,~ 1~ ~~ ~'~~~ ~~~~7~~ ~ ~~ ~ 1 ~ Page 5 of 5 H:IHOMEIKEVINSIGEN1LANbFILLIValenzuelaCells4A4B1AEAmd17.dac CP&Y~ 1 Juiy 1, 2D10 Partners for a Better Quality of life x~ , ~ ~=~ A ~- r ~ Mr. Kevin Stowers Assistant birector Engineering Services City of Corpus Christi P.O. Box 9277 City of Corpus Christi, TX 78469-9277 RE: Request for Additional Fee -Amendment No. 1 S Response to TCEQ NOD Second Notice Cefe F. Vaienzuela Landfill, Disposal Cell 1 A - Project$ ~a2~~(p Permit Modification -Evaporation Ponds and Sequencing Development Dear Mr. Stowers: CP&Y, Inc. is respectfully requesting approval of Amendment No. 18 to our contract for the above referenced project, The Texas Commission on Environmental Quality (TCEQ) has requested additional information and _ analysis regarding the proposed permit Modification. The requested changes include revision of the _ closure cost estimates, the Site Opera#ing Plan and further explanation of the evaporation analysis calculations. The TCEQ has requested the submittal of these revisions to reflect the removal of saline water in the event of a closure and the means in which to inspect the evaporation ponds when in use. To respond to these requirements, CP&Y is requesting an additional fee of $18,540 for this Amendment for work associated with preparation of Response to NOD No. 2. If you have any questions or if we may provide additional information, please contact me at (214) 638- 050D or email bhindman@cpyi.com. Sincerely, CPY, Inc. ,~7iFL William R. Hindman, P.E. Vice President Cc: Lawrence Mikolajczyk 1820 Regal Row, Suite 21113 Dallas, Texas 75235 214.638.Q500.214.638,3723 flax www.cpyi,com p CP&Y. Inr. Cefe Valenzuela Landfill -Cell 1A Disposal Cell Construction Support and Documentation CPY Job No. CCC08001 Cast Estimate -Amendment No. 18 Task Hourly Rate Hours Total Hours Budgeted Prepare response to NQD Permit Mod Evaporation Ponds for Dewatering activities and Landfill Sequence Development. Analyse costs associated with Brine water disposal, hauling and removal from site duriing closure activties, Revised Site Operating Plan to include $105 $169 80 60 $ 8,400 $ 10,140 requirements for evaporation pond aperatian and inspection, prepare sample calculation for evaporation analysis $ $ Subtotal $ 18,540 $ - Current Approved Contract Fee through Amendment No, 17 $ 932,532 Requested Additional Fee far Amendment No. 18 Total Revised Contract Fee $ 18,540 $ 951,072 SUPPLCER NUMC3ER TO C3E ASSCGNEb BY~iT~ .- PURCHASING ~IVISCQN ~~ City of CITY OF CORPUS CHRISTI( Corpus DISCLOSURE OF INTEREST Christi, City of Corpus Christi Ordinance 17112, as amended, reduires 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 applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definrt~ons. COMPANY NAME: 0162 i~rn ~ ~~(~ f ~ ~~ ~~ G . P. O. BOX: ' STREET ADDRESS: f~yD ~ u,~,~--~ CITY: ~.~ /~ ~~ ZLP: ~~~ FIRM IS: ]. 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 a or attach separate sheet. 1. State the names of each `employee" of the City of Corpus C~r~sti having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and Ci#y Department (if known) ~ ~ - 2. State the names of each "official" of the City of Carpus 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 Comrnitlee 4. State the names of each employee or officer of a "consultant" fnr the City of Corpus Christi who worked on any matter related to the su6,~ect of this contract and has an `ownership interest" constituting 3% ar more of the ownership in the above named "firm." Name Cansu[tant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic beneft 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. ~Ethres 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; ~~_~,~_,/C % 1/tICI~Y~~n Title: ~~[~ ~~~,~,,~ (Type or Print) Signature of Certifying Date: ~ ~ ~~ Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed 6y 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 stack company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court .lodges of the City of Corpus Christi, Texas. f. "Ownership Interest." Lega! or equitable interest, whether actually ar 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.