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HomeMy WebLinkAboutC2014-148 - 5/12/2014 - NA AMENDMENT NO. 2 TO CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "CITY", and LNV, Inc. agree to the following amendment to the Contract for Professional Services for City-Wide Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity (IDIQ) Program (Project No. E12161), as authorized and amended by: Original A/E Agreement March 19, 2013 Motion No. M2013-047 $162,950.00 Amendment No. 1 February 5, 2014 Administrative Approval $49,000.00 Exhibit "A", Section I. Scope of Services, Part A. Basic Services, 4. Construction Phase and Part B. Additional Services, 2. Warranty Phase, shall be modified as specified in Amendment No. 2 Exhibit "A". Exhibit "A", Section III. Fees, shall be modified as specified in Amendment No. 2 Exhibit "A" for a revised fee not to exceed $39,850.00 (Thirty-Nine Thousand Eight Hundred Fifty Dollars and Zero Cents), for a total restated fee not to exceed $251,800.00 (Two Hundred Fifty-One Thousand Eight Hundred Dollars and Zero Cents). Monthly invoices shall be submitted in accordance with Amendment No. 2 Exhibit"B". All other terms and conditions of the March 19, 2013 contract between the City and LNV, Inc. will remain in full force a•, e e CIA 2 CORPU 4 LNV Ro -Id . Ols•' (Date) 9-n S. Leyendecker, P.E., 9 a -) ana• - 'resident � /, 801 Navigation, Suite 300 5. 2 f`f Corpus Christi, TX 78408 Gu :vo Gonza'-z, T ., (Date) (361)883-1984 Office Assi-tant City anager (361)883-1986 Fax for Public Works & Utilities c--)--C) Daniel Biles, P.E., ( ate) Executive Director of Public Works RECOMENDED O g Departmen (Date) APPR ED S TO FORM II LL Legal Department (Date) 2014-148 AMEND. NO. 2 5/12/14 Page 1 of 2 rEWATER�E12161 CITYWIDE COLLECTION SYSTEM REPLACEMENT&REHAB IDIQWE CONSULTANT LNV�AMENDMENT NO. LNV Inc. INDEXED APPROVED Office or Management and Budget (Date) ATTEST thm Rebecca Huerta, City Secretary Project No: E12161 Fund Source No: 550950-4510-00000-E12161 Fund Name:Wastewater Capital Reserves Encumbrance No: F IZIL l I:\t,ill �+ aq • (4- AMEND. NO. 2 Page 2 of 2 K\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E12161 CITYWIDE COLLECTION SYSTEM REPLACEMENT&REHAB IDIQWE CONSULTANT LNV\AMENDMENT NO. 2\CONTRACT.DOCX . , . LNy. , . , Solutions Today with a engineers I architects I contractors Vision for Tomorrow April 3, 2014 Natasha Fudge, P.E. Acting Director of Capital Programs City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 Re: Amendment No. 2 to Professional Services Contract City Wide Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity Program City Project No. E12161 Dear Mrs. Fudge: In response to City request, we are proposing the following contract amendment for the City Wide Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity Program. Project Description: The City of Corpus Christi, Texas, hereinafter called "City", and LNV Inc., hereinafter called "Engineer", agree to the following Contract Amendment for Engineering and Consulting Services to develop and issue delivery order packages for the City Wide Collection System Replacement & Rehabilitation Indefinite Delivery/Indefinite Quantity Program (Oso & Greenwood service basins). The original contract was based on 1/3 of the work occurring in the respective basins shown in table below. However, the Oso and Greenwood basins consist of approximately 65% of the City's collection system and 62% of the sanitary sewer overflows; therefore, the majority of delivery order sites issued have been located in these basins. This amendment will increase the Basic Services Construction Phase (Allowance) for the Engineer to continue issuing delivery orders and providing construction phase services, and it will increase the Additional Service Warranty Phase associated with the additional delivery order sites as described in Scope of Services below. The additional allowance in this amendment is the estimated maximum amount required for the Engineer to complete the 2-year Base Construction Contract. If the construction contract is renewed, the Engineer will submit an additional amendment as necessary. WASTEWATER SERVICE ENGINEER RESPONSIBLE FOR BASINS PREPARING DELIVERY ORDERS 1. ALLISON URBAN ENGINEERING 2. BROADWAY 3. GREENWOOD LNV, INC. 4. OSO 5. LAGUNA COYM, REHMET & GUTIERREZ 6. WHITECAP AMD. NO.2 EXHIBIT"A" 801 NAVIGATION I SUITE 200 I CORPUS CHRISTI,TEXAS 78408 Page 1 of 5 OFFICE 361.883.1984 I FAX 361.883.1986 I WWW.LNVINC.COM . 2 I. SCOPE OF SERVICES The Scope of Services for this contract amendment consist of preparing delivery order documents including site work descriptions, exhibits, utility basemaps, engineer's estimates, and site photos and associated construction phase services described below. The original contract shall be modified to include the following: A. BASIC SERVICES 1. Preliminary Phase. (N/A) 2. Design Phase. (N/A) 3. Bid Phase. (N/A) 4. Construction Phase. The NE will perform contract administration to include the following: b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. minimum the Introduction, Table of Contents, and Index will be in HTML AMD. NO.2 EXHIBIT"A" Page 2 of 5 3 i. Review construction "red-line" drawings, of the Project as constructed (from the "red-line" drawings, inspection, and the contractor provided plans). - . - • - . -- _•--- _ -- •-- - - - -- - - - - - - - • _ k. Deliver Orders • Engineer will perform site visits, review video inspections, and meet with City to identify wastewater collection system issues and the possible rehabilitation options. • Engineer will submit a "draft" version of each non-emergency delivery order for the City's review and comment prior to issuing the final delivery order. • Delivery orders will include a short narrative of the expected work for each site, a site exhibit depicting work location, quantities, and rehabilitation methods, a utility base map identifying all known utilities in the area, an engineer's estimate, and any other reference material that may aid the Contractor during construction including video inspection reports, City work orders, old plans, etc. • The Delivery Order allowance will be billed, at rates shown in the Compensation Table below, as the final delivery orders are issued to the Contractor and are assumed to be limited to a max of 30 separate delivery order packets for the base 2-year contract. The City staff will: b. Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES (ALLOWANCE) This section defines the scope (and ALLOWANCE) for compensation for additional services that may be included as part of this contract, but the NE will not begin work on this section without specific written approval by the Acting Director of Capital Programs. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Acting Director of Capital Programs as as required. The NE will, with written authorization by the Acting Director of Capital Programs, do the following: 1. Topographic Survey. (N/A) 2. Warranty Phase. • Engineer will prepare a list of all sites completed at the end of each 12- month period for the City and recommend acceptance of the sites and commencement of the warranty period. All listed sites will have the same completion date and warranty expiration date. • Engineer will provide a warranty inspection of all sites toward the end of the 12-month period and generate a warranty items punch list. • The Warranty Phase allowance is based on two (2) 12-month warranty periods. AMD. NO.2 EXHIBIT"A" Page 3 of 5 . 4 3. Consultant and Invoice Coordination. (N/A) II. SCHEDULE Day Date Activity Weekday March 2015 Complete Construction Ill. FEES A. Fee for Basic Services. The City will pay the NE a fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1-4, NE will submit monthly statements for basic services rendered. The construction phase allowance will be billed at the percentage rate associated with the delivery order amount as described in the Compensation Table below in the Summary of Fees section. The amount actually billed is entirely dependent on the value of delivery orders issued and the full amount may not be needed. I-Section City will make prompt monthly payments in response to NE's monthly statements. B. Fee for Additional Services. For services authorized by the Acting Director of Capital Programs under Section I.B. "Additional Services," the City will pay the NE a not-to- exceed fee as per the table below. All additional service fees are unauthorized allowances requiring authorization by the Acting Director of Capital Programs. Original Contract fees are based on the City's budget for the 6 service basins of $5,500,000.00 (2-year Base Contract)with up to one-third (1/3) of work performed in any two (2) basins. However, the Oso and Greenwood basins consist of approximately 65% of the City's collection system and 62% of the sanitary sewer overflows; therefore, the majority of delivery order sites issued have been located in these basins. This Amendment provides additional funding to the Oso and Greenwood basins only. AMD. NO.2 EXHIBIT"A" Page 4 of 5 5 Summary of Fees ORIGINAL AMD.No.1 AMD.No,2 TOTAL CONTRACT BASIC sERVKES 1.Preliminary Phase $ $ $ - $ 2,Design Phase $ - $ - $ - $ 3.Bid Phase $ • $ • $ • $ 4.Construction Phase(Allowance) $ 112,500.00 $ 49,000.00 $ 38,600.00 $ 200,100.00 Subtotal Basic Services $ 112,500.00 $ 49,000.00 $ 38,600.00 $ 200,100.00 ADDITIONAL SERVICES(Allowance) 1.Topographic Survey $ 3,080.00 $ • $ - $ 3,080.00 2,Warranty Phase $ 5,300.00 $ $ 1,250.00 $ 6,550.00 3.Consultant and Invoice Coordination $ 42,070.00 $ $ • 5 42,070.00 Subtotal Additional Services $ 50,450.00 $ - $ 1,250.00 $ 51,70040 TOTAL AUTHORIZED FEE $ 162,95040 $ 49,00040 $ 39,850.00 $ 251,800.00 Note: 1. The fee depends on the value of the delivery orders issued. The following compensation table will be used to determine the fee; COMPENSATION TABLE Construction Cost of Delivery Order WEI $0 to$30,000 $3,750 (Flat Rate) $30,000 to$100,000 10.0% $100,000 to$150,000 6.25% $150,000 to$250,000 5.5% $250,000 to $350,000 5.0% Over$350,000 4,75% All other terms and conditions of the March 26, 2013 contract and amendments between the City and Consultant will remain in full force and effect. Sincerely, LNV, Inc. TBPE Firm F-366 Dan S. L- e : - er, P.E. Presiden AMD.NO.2 EXHIBIT"A" Pegs 5 of 5 Sample form for: Payment Request COMPLETE PROJECT NAME Revised 07/27/00 Project No. XXXX Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Basic Services: Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete Preliminary Phase $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% Design Phase 2,000 1,000 0 3,000 1,000 500 1,500 50% Bid Phase 500 0 250 750 0 0 0 0% Construction Phase 2,500 0 1,000 3,500 0 0 0 0% • Subtotal Basic Services $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% Additional Services: Permitting $2,000 $0 $0 $2,000 $500 $0 $500 25% Warranty Phase 0 1,120 0 1,120 0 0 0 0% Inspection 0 0 1,627 1,627 0 0 0 0% Platting Survey TBD TBD TBD TBD TBD TBD TBD 0% O & M Manuals TBD TBD TBD TBD TBD TBD TBD 0% SCADA TBD TBD TBD TBD TBD TBD TBD 0% Subtotal Additional Services $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% Summary of Fees Basic Services Fees $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% ' Additional Services Fees 2,000 1,120 1,627 4,747 500 0 500 11% Total of Fees $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% Inc 27z � O N SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION Corpus DISCLOSURE CITY OF CORPUS CHRISTI City DISCLOSURE OF INTEREST us 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 applicable, answer with NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: LNV,INC. P.O.BOX: N/A CORPUS 78408 STREET ADDRESS: 801 NAVIGATION,SUITE 300 CITY: CHRISTI ZIP: FIRM IS: I. Corporation 2. Partnership 3. Sole Owner 4. Association U CI S. 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 Job Title and City Department(if known) N p 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"con 'tuting 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 shad 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 changes occur, Certifying Person: DAN S.LEYENDE" It,P.E. Title: PRESIDENT (Typo or rrIiq Signature of Certifying Y Date:•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. "Finn," 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.