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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 2011 -273 08/09/11 . andfillNewILANDFILLWalenzuelaCells4A4B IAEAmd20.doc PO #E8587ACH2 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. Page 2 of 6 H:%HOMEIKEVINSIGENILandfillNew\ LANDFILL1 ValenzuelaCells4A4B1AEAmd20.doc PO #E8587ACH2 Project #E11059 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 Page 3 of 6 H: IHOMEI KEVINSI GEN1 LandfillNew\ LANDFILLIValenzuelaCells4A4BLAEAmd20 .doc PO #E8587ACH2 Project #E11059 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 Page 4 of 6 H:IHOMEIKEVINSIGEN1Landfil[New\ LANDFILLIValenzue ]aCells4A4B\AEAmd20.doc PO #E8587ACH2 Project #E11059 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 Page 5 of 6 H: IHOMEI KEVINSI GEN1 LandfillNewI LANDFILLIValenzue laCel1s4A4B1AEAmd20.doc PO #E8587ACH2 Project #E11059 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 Page 6 of 6 H:1 HOMEl KEVINSI GBNILandfillNewI IANDFiLLIValenzuelaCells4A4B \AEAmd2p.doc PO #E8587ACH2 Project #E11059 65bC?IT ^ 33619-- oexa / 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 Page 3of3 Page 3of3 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,