HomeMy WebLinkAboutC2011-273 - 8/9/2011 - NAAMENDMENT No. 20 - 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 and administratively
amended 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 No. 16 administratively amended in process July
21, 2010, and Amendment No. 17 administratively amended July 21, 2010 and
Amendment No. 18 administratively amended July 21, 2010; and Amendment No. 19
administratively amended hereby agree to the amendment as follows:
Section II: E Additional Services is amended to add the following:
ILEA 1 Additional Services — Permit Modification for Leachate Recirculation
The Consultant will:
Prepare modified Leachate and Contaminated Water Plan and Site Operating Plan to
allow leachate and gas recirculation including location of recirculation facilities and
recirculation procedures;
Prepare permit modifications documents for City review and comment, revise and
submit permit modification documents to TCEQ based on City comments, and respond
to any TCEQ comments or Notice of Deficiency.
Section II. A. Basic Services is amended to add the following:
Section 11.6.2 & C.1 Basic Services - Design and Construction Phase Services -
Leachate Recirculation System
The Consultant will:
Perform the required design and construction phase services as set forth in ExhibitA -20 to
prepare plans, specifications, bid and contract documents for securing construction bids,
evaluation of bids and construction administration services as set forth in Exhibit A -20.
The services to be provided under this amendment are more fully discussed and set forth
by the proposal letter attached as Exhibit A -20.
Section III Fees Authorized is amended to read:
li_ FEES AUTH ORIZED
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Chiang, Patel and Yerby INDEXED
The City will pay the Consultant a total not to exceed fee of $1,003,172.00. 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;
• a fee for Amendment 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 for 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 No. 16 services not to exceed $16,800.00;
• a fee for Amendment No. 17 services not to exceed $39,390.00;
• a fee for Amendment No. 18 services not to exceed $18,540.00;
• a fee for Amendment No. 19 services not to exceed $2,500.00; and
• a fee for Amendment No. 20 services not to exceed $49,600.00
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 forthe 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 11.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
I I.C.1 will be based on the amount of construction completed. Billing for services provided
in Section I I.C.2 shall be payable upon delivery of the record drawings to the City Engineer.
Billing for services provided in Section II.0 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.
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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
ILA
Preliminary Design and Review
12,180.00
II.B
Survey Update (Allowance)
10,000.00
II.0
Travel
1,000.00
Pre- design Subtotal
23,180.00
Basic Services & Additional Services
II.6.1
Initial Design — Construction Document Phase 60%
26,820.00
Original Total Fee
50,000.00
Amendment No. 1 Authorized Services
II.B.2
Design —Construction Document Phase 100%
40,000.00
II.13.3
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
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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 4B
3,712
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
4BIPond 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
4B/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
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
Construction Phase Services
II.C.1
Construction Phase
91,000
Il.C.2
Record Drawings
7,000
Post Construction Services
II.D
I Post Construction Phase
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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 4B
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
Amendment No. 12 —Authorized Services
II.B.2
Design Considerations — Disposal Cell 1A, Storm Water Chute 1
31,980
Amendment 12 Fee
$31,980
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 Limitation /Escape Options — Leachate Ponds
3,060
II.E.5
Survey for BER
7,700
II.E.6
Review BER Survey and Volume Calculations
1,480
Amendment No. 14 Fee
12,340
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
&
IICA - 2
Design, Bid Construction Phases and Delivery of As Built Drawings for
Concrete Slab -- Existing Maintenance Building
16,800
Amendment No. 16 Fee
16,800
Amendment No. 17 — Authorized Services
II.E.8
Analysis of Landfill Liquid Requirements and Leachate System
39,390
Amendment No. 17 Fee
39,390
Amendment No. 18 — Authorized Services
II.E.9. 1
Prepare a response to the TCEQ Notice of Deficiency for Permit
Application
8,400
II.E.9.2
&3
Prepare Revised Closure Cost Estimate
Preparation of revised landfill site operating plan
10,140
Amendment No. 18 Fee
18,540
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Amendment No. 19 — Authorized Services
II.E.10
Prepare the metes and bounds description f easement
2,500
Amendment No. 19 Fee
I
2,500
Amendment No. 20 — Authorized Services
II.E.11
Additional Services -- Permit Modification for Leachate Recirculation
10,500
II.B.2 &
C.1
Basic Services — Design and Construction Phase Services - Leachate
Recirculation System
39,100
Amendment No. 20 Fee
49,600
TOTAL
$1,003,172
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 ORPUS PURISTi CHIAN PATEL AND YERBY, INC.
By: Z!/1 By
Juan Peramity P.E. Date Authorized Representative , ate
Assistant Manager
ATTEST:
Armando Chapa Date
City Secretary
RECOM NDED;
- � �" :: � � —
Pete Anaya, P. E. Date
Director – Engineering Services
APPROVED AS TO FORM:
4,u4
Assistant Ci Attorney Date
JUL 1 2011
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C P&YJ Partners for a Better Quality of life
July 11, 2011
Mr, Lawrence Mikolajczyk
Director of Solid Waste
City of Corpus Christi
2424 Hygela Street
Corpus Christi, Texas 78415
RE. Request for Additional Fee - Amendment No. 20
Cefe F. Valenzuela Landfill
Leachate Recirculation Permit Modification & Pumping System
Dear Lawrence:
CP &Y, Inc. is respectfully requesting an Amendment No. 20 to our contract for the above
referenced project. Based on discussions held with the City of Corpus Christi, and with the
Waste Permits Division of the Texas Commission on Environmental Quality (TCEQ), this
Proposal has been developed to assist the City with the development and submission of a
Permit Modification to TCEQ to allow the City to recirculate landfill leachate and gas condensate
within the Cefe F. Valenzuela Landfill, and for the design of a pumping and distribution system
to deliver leachate from the existing leachate storage ponds to the existing waste cells within
Unit 1 of the landfill.
The process of recirculating leachate and gas condensate back into the active fill areas of the
site is another acceptable method to handle leachate collected in the sumps. This method of
leachate handling is allowable under existing TCEQ regulations (30TAC 330.177) if (1) the
leachate is recirculated at the same facility where it is generated; (2) if the Type I landfill is
designed and constructed with a leachate collection system and a composite liner, and (3) if the
procedure for recirculation is a part of the Site Operating Plan. The original approved permit
application for the Cefe Valenzuela landfill was prepared with the intention to authorize the City
to recirculate leachate and condensate. However, during the process of modifying the permit to
allow Cefe to open, the City elected to remove this authorization to simplify the permit
modification being considered by TCEQ. Leachate recirculation is a very viable method of
leachate handling and provides additional flexibility to the City. In addition leachate recirculation
also provides a method to increase waste decomposition by providing additional moisture to aid
the decomposition process.
Based upon discussions with TCEQ staff, it is assumed that this authorization may be obtained
through a non - notice Permit Modification under 30 TAC 305.70. As the City landfill design
currently meets criteria (1) and (2) noted above for 30 TAC 330.177, the Permit Modification will
require the addition of a description of the liquids to be recirculated (leachate and landfill gas
condensate) to the Leachate and Contaminated Water Plan, and the addition of the procedures
for leachate or gas condensate recirculation to make it a part of the Site Operating Plan.
Exhibit A -20
Page 3 of 3 555 N. Carancahue Street, Suite 860
Carpus Christi, Texas 78401
Page 1 of 3
(361)826 -5860
www.cpyi.com
Amendment 20
Scope of Services
Task 1 — Permit Modification_ under 305.7QW
• Modify the Leachate and Contaminated Water Plan to specifically allow leachate and
landfill gas condensate recirculation and modify the Site Layout to show the location of
the recirculation facilities.
• Modify the Site Operating Plan to include procedures for the recirculation of leachate
and landfill gas condensate.
• Prepare draft permit modification documents for review by the City.
• Revise the permit modification documents based upon City review comments.
• Submit the Permit Modification to the TCEQ.
• Respond to TCEQ Notices of Deficiency (NODs).
Task 2 — Leachate Recirculation System Design and Construction
• Review the as -built and permit documents relating to the leachate storage ponds.
• Meet with City personnel to establish the goals and/or performance standards to be met
by this system.
• Evaluate the various pumping scenarios in order to determine the design conditions of
the pumps, number of pumping units and preliminary operation parameters of the
system.
• Evaluate pumping system layout in order to determine the most feasible installation
option. Two potential options include installing a structure within the leachate pond to
support the pumps or constructing a wetwell outside the leachate pond to house the
pumps.
• Prepare a conceptual system design, process diagram outlining the various options and
Engineer recommendations and an opinion of probable construction costs for review by
and discussion with the City. Based upon the selections by the City, and any additional
City comments, Engineer will proceed with the detailed design of the recirculation
system.
• Prepare a 90% design level submittal for City review to include: Site Plan(s), Civil Piping
Layout(s), Mechanical System Design, Process Diagram, Design Details, Material and
Product Specifications, and an updated opinion of probable construction costs.
• Attend a review meeting with City personnel to discuss the system design.
• Based upon City comments, prepare 100% design level documents to include the final
revisions to the above information and an updated opinion of probable construction
costs.
• Review 100% design documents with City Staff and address any comments. Prepare
final design documents for bidding purposes.
• Assist the City with the Bid Phase by answering contractor questions and issuing
necessary addenda. Review bids received and provide a recommendation to the City
for award.
• Assist the City with construction administration by reviewing shop drawing and submittal
data, responding to RFls, and making periodic site visits to evaluate the construction
progress.
Exhibit A -20
Pa Page
Page 2 of 3
Amendment 20
Project Fee
We are requesting the City of Corpus Christi authorize CP &Y to complete the above scope of
services on a lump sum basis with the total fee not to exceed $49,600 without further written
approval. The individual fee by task is summarized as follows:
Task 1 — Permit Modification under 305.70(j)
$10,500
Task 2 — Leachate Recirculation System Design & Construction $39,100
Total Project Fee
$49,600
We appreciate the opportunity to work with the City of Corpus Christi on this important project
and will continue to do all that we can to make sure it is successful to allow the Cefe F.
Valenzuela Landfill to continue to meet the disposal needs of the City. If you have any
questions, please call 214 -589 -6903 or email me at f u sle c i.com.
Sincerely,
CP &Y, Inc.
Frank E. Pugsley, P.E.
Project Manager
CP &Y, Inc. Approval:
7- e 71
Mr. William R. Hindman, P.E. Date
Principal
CP &Y, Inc.
Exhibit A -20
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SUPPLIER NUMBER
TO BE ASSIGNED BY
. = PURCHASING DIVISION
Wr
City of CITY OF CORPUS CHRISTI
Corpus DISCLOSURE OF INTEREST
Chn sti
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do
business with the City to provide the followN 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:
P. O. BOX:
STREET ADDRESS: Ic CITY: ZIP: ;7j- 22,f"---
1
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 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 .lob 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 as th es occur. 1 Certifying Person:
",-
_11�G !fir.._ Title: �i�
(Type or Print)
Signature of Certifying G� Date: ; 12 &11
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,