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.