Loading...
HomeMy WebLinkAboutC2014-218 - 9/16/2014 - Approved CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County,Texas 78469-9277(City)acting through its duly authorized City Manager or Designee (Executive Director of Public Works) and LNV. Inc., a Texas corporation, 801 Navigation, Suite 300, Corpus Christi, Nueces County, Texas 78408, (Architect/Engineer—NE), hereby agree as follows: 1. SCOPE OF PROJECT O.N. Stevens Water Treatment Plant Interim Sludge Management Improvements (El 3052) — LNV, Inc. will provide all basic and additional services for the design of the sludge transfer line to Lagoon No. 7. The sludge line will be added to give Operations a solution for pumping sludge from the North and South Lagoons to Lagoon No. 7 until the Solids Handling Facilities are constructed. The North and South Lagoons access roads are heavily deteriorated and will be rehabilitated to accommodate equipment needed for handling of floating dredge equipment. Evaluate options for transferring sludge to Lagoon No. 7 including the use of any existing lines connected to Lagoon No. 7. Determine the volume and characteristics of sludge and water in the North and South Lagoons and Lagoon No.7. Review washwater recycling operational data to determine the volume of additional sludge that can be deposited into Lagoon No. 7 as well as the location and method of deposition appropriate to avoid hindrance of the washwater recycling operation. Determine an offsite disposal location for any amount of sludge that cannot be deposited in Lagoon No. 7 and the cost of offsite disposal associated with the initial dredging operations. Finally, provide dredge equipment start-up and commissioning support services. 2. SCOPE OF SERVICES The NE hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition,NE will provide monthly status updates(project progress or delays,gantt charts presented with monthly invoices)and provide contract administration services, as described in Exhibit"A" and "A-1", to complete the project. Work will not begin on Additional Services until requested by the NE(provide breakdown of costs, schedules), and written authorization is provided by the Executive Director of Public Works. NE services will be"Services for Construction Projects"- (Basic Services for Construction Projects")which are shown and are in accordance with"Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The NE agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Executive Director of Public Works. Work will not begin on any phase or any Additional Services until requested in writing by the NE and written authorization is provided by the Executive Director of Public Works. The anticipated 2014-218 Contract for Engineering(NEI Services Page 1 of 3 9/16/144G DATAEXCHANGEUENNIFERIWATER\E13052 ONSWTP INTERIM SLUDGE MGMT IMPROVEMENTSICONTRACTICONTRACT.DOC M2014-119 LNV Inc. INDEXED schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit"A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Executive Director of Public Works. The Executive Director of Public Works may direct the NE to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. NE shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE NE agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B". 5. FEE The City will pay the A/E a fee, as described in Exhibit "A", for providing services authorized, a revised fee not to exceed $119,600.00(One Hundred Nineteen Thousand Six Hundred Dollars and Zero Cents). Monthly invoices shall be submitted in accordance with Exhibit "C". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the NE at the address of record. In this event, the NE will be compensated for its services on all stages authorized based upon NE and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75%of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the NE staff. If the NE is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the NE fee may be assigned in advance of receipt by the NE without written consent of the City. Contract for Engineering(NE)Services Page 2 of 3 K:\ENGINEERING DATAEXCHANGEUENNIFER\WATER\E13052 ONSWTP INTERIM SLUDGE MGMT IMPROVEMENTS\CONTRACT\CONTRACT.DOC The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the NE without the express written consent of the Executive Director of Public Works. However, the NE may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re-use of modified plans. 10. DISCLOSURE OF INTEREST NE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI LNV, INC / �i..4....�.,.. ci'ti, 14- � � L%�� r,. re257''/ E., Natasha Fudge, P. t Date Dan . eye cker, P.E., Date Acting Director, Capital Programs Presi• - • Navigation, Suite 300 Corpus Christi, Texas 78408 RECOMMENDED / (361) 883-1984 Office (361) 883-1986 Fax WI/rm. AL er •pea 'gD p:fr-m- t Date Y APPROVE StcS TO LEGAL ORM ' S _ t 4)1/41(' vp 2401 Assistant City Attorney Date IT COUNCIL_..,,.� I For City Attorney ... 14' APR VED SECKTARV*P 1411(14'4-1 . ,/(0/Y AFA Office of Management Date i and Budget Project No: E13052 ATTEST Fund Source No: 550950-4093-00000-E13052 Fund Name: Water 2013 CIP (RevBds) Encumbrance No: Rebecca Huerta, City Secretary Contract for Engineering(A/E)Services Page 3 of 3 K:IENGINEERING DATAEXCHANGEIJENNIFER\WATER\E13052 ONSWTP INTERIM SLUDGE MGMT IMPROVEMENTS\CONTRACTICONTRACT.DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS O.N. STEVENS WATER TREATMENT PLANT INTERIM SLUDGE MANAGEMENT IMPROVEMENTS PROJECT NO. E13052 SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Architect/Engineer-NE (also referred to as Consultant)will: a) Prepare PowerPoint presentation in City format for City Council Meeting. b) Hold Project Kick-off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. c) Prepare geotechnical investigation findings (see additional services). d) Request available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. e) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. f) Develop preliminary street cross section recommendations. Prepare conceptual life-cycle cost estimate with recommended pavement sections using Federal Highway Administration (FHWA) Real Cost Program. + : h) Prepare preliminary opinions of probable construction costs for the recommended improvements. ccrved. k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. m) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as TCEQ RTA, TDLR, etc. dents- EXHIBIT "A" Page 1 of 10 Revised November 26,2013 U:\Corpus Christn120435 ONSWTP N&S Sludge Lagoon Infrastruct\AE Contract\2014-07-08 EXHIBIT A docx p) Prepare an Engineering Letter Report (20 25 page main body text document that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic- level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF).Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, cross- sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, fight-o#- conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include summary output tables from Hydraulic and Hydrologic analyses. 3. Include existing site photos. 4. Provide opinion of probable construction costs. 5. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet as City agent or with City participation and coordinate with agencies such as TCEQ - - - -- • • - - etc. 6. affect. 7. Provide anticipated index of drawings and specifications. 8. Provide a summary table & required ROW parcels q) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. s) Conduct Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report as scheduled by City Project Manager. t) Assimilate all City review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. City staff will provide one set only of the following information (as applicable): a) Electronic index and database of City's record drawing and record information. b) Requested record drawings, record information in electronic format as available from City Engineering files. b) The preliminary budget, specifying the funds available for construction. c) A copy of existing studies and plans. (as available from City Engineering files). d) Field location of existing city utilities. (NE to coordinate with City Operating Department) EXHIBIT"A" Page 2 of 10 Revised November 26,2013 U:\Corpus Christ\120435 ONSWTP N&S Sludge Lagoon Infrastruct\AE Contract\2014-07-08 EXHIBIT A docx e) Applicable Master Plans and GIS mapping are available on the City's website. f) City Control survey Bench marks and coordinates. g) Preliminary Traffic impact assessment. The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and only for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the NE will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). c) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 11"x 17". 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. e) Furnish one (1) set of the interim plans (60% submittal - electronic and hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary, project checklist & drawing checklist" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. 2. Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. h) Hold Project 90% review meeting. Prepare meeting agenda and distribute EXHIBIT"A" Page 3 of 10 Revised November 26,2013 U:\Corpus Christi\120435 ONSWTP N&S Sludge Lagoon Infrastruct\AE Contract\2014-07-08 EXHIBIT A docx i) Provide one (1) set of the final (100%) plans (unsealed and unstamped - electronic and full-size hard copy using City Standards as applicable) for City's final review. j) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full-size hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. k) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals of the interim, pre-final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City- provided review comments or provided submittals in accordance with City standards.. I) Prepare and submit Monthly Status Reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. See Exhibit"A-2"for required form. The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide electronic copy the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The NE will: a) Prepare draft Authorization to Advertise (ATA). b) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. c) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. d) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. EXHIBIT"A" Page 4 of 10 Revised November 26,2013 U:\Corpus Christi\120435 ONSWTP N&S Sludge Lagoon InfrastructWE Contract\2014-07-08 EXHIBIT A docx f) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re-advertise that particular portion of the Project for bids. g) Prepare Agenda Memoranda and PowerPoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The A/E will perform contract administration to include the following: a) Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. c) Review and interpret 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; 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) Review, evaluate and recommend for City consideration Contractor Value Engineering proposal. h) Attend final inspection with City staff, provide punch list items to the City's Construction Engineers for contractor completion, and provide the City with a Certificate of Completion for the project upon successful completion of the project. i) Review Contractor-provided construction "red-line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be EXHIBIT"A" Page 5 of 10 Revised November 26,2013 U:\Corpus Christ\120435 ONSWTP N&S Sludge Lagoon Infrastruct\AE Contract\2014-07-08 EXHIBIT A.docx provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. NE may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The NE shall, with written authorization by the Director of Engineering Services, perform the following:: 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The NE will prepare this documentation for all required signatures. The NE will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: in the area c. Wetlands Delineation and Permit d. Temporary Discharge Permit c. NPDES Pcrmit/Amondmonts (including SSC, NOI NOT) . .. . . - .. A . g. Nueces County h. Texas Historical Commission (THC) 1. U.S. Fish and Wildlife Service(USFWS) j. U.S. Army Corps of Engineers (USACE) k. United States Environmental Protection Agency(USEPA) I. Texas Department of Licensing and Regulation (TDLR) m. Texas General Land Office (TGLO) n. Other agency project specific permits b) Research plats, ROW maps, deed, easements, and survey for fence corners, tube-acquired, EXHIBIT"A" Page 6 of 10 Revised November 26,2013 U:\Corpus ChristA120435 ONSWTP N&S Sludge Lagoon Infrastruct\AE Contract\2014-07-08 EXHIBIT A docx • d) Prepare Metes and Bound Instrument with supporting exhibits as required and agreed upon, subsequent to ELR acceptance for ROW parcels, utility easements and temporary construction easements. 3. Topographic Survey and Parcel Descriptions All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors'❑ Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2)found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. c) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied —i.e. —the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non-GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third-parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface engineering (SUE) shall be provided as part of the scope of work for SUE. ROW, 4. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. EXHIBIT"A" Page 7 of 10 Revised November 26,2013 U:\Corpus Chris6\120435 ONSWTP N&S Sludge Lagoon Infrastruct\AE Contract\2014-07-08 EXHIBIT A.docx 5. ._ _ - - - ..__ -• - - -- 6. .. . •. . . . . .. .. . .. . .. - .. . - - •- • •• •-. Utility Location The survey ccope includes locating certain utilities to utility facilities, such as manholes, valve boxes, posts, etc., and .. locations- iii) Storm Water Storm water facilitioc within tho projoct limits will bo • .. • .. replaced as part of this project and that fall within the footprint of , .. Level C. • - - •- - - C by the A/E. The City of Corpus Chricti Gas Department will provide Dior. • 8. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City EXHIBIT"A" Page 8 of 10 Revised November 26,2013 U:\Corpus Christi\120435 ONSWrP MS Sludge Lagoon Infrastruct\AE Contract\2014-07-08 EXHIBIT A.docx staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 9. Start-Up Services. Provide on-site services and verification for all start-up procedures during actual start-up of major Project components, systems, and related appurtenances if needed and required. Provide the services above authorized in addition to those items shown on Exhibit "A-1" Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List does not supersede Exhibit"A". II. SCHEDULE Date Activity TBD NTP—Based on approval by City Council 12 weeks from NTP 60% Design Submittal 20 weeks from NTP 100% Design Submittal 28 weeks from NTP Final Submittal 34 weeks from NTP Contract Award 180 Calendar Days from Contractor NTP Complete Construction III. FEES A. Fee for Basic Services. The City will pay the NE a fixed 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, NE will submit monthly statements for services rendered. The statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to NE's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the A/E a not-to-exceed fee as per the table below: EXHIBIT"A" Page 9 of 10 Revised November 26,2013 U:\Corpus ChrisfiN20435 ONSWTP NMS Sludge Lagoon InfrastrucME Contract\2014-07-08 EXHIBIT A.docx Summary of Fees Basic Services Fees 1. Preliminary Phase $23,600.00 2. Design Phase $46,000.00 3. Bid Phase $4,500.00 4. Construction Administration Phase $15,300.00 Subtotal Basic Services Fees $89,400.00 Additional Services Fees (Allowance) 1. Permit Preparation $6,200.00 2. $0 3. Topographic Survey and Parcel Descriptions* $8,800.00 4. Environmental Issues* $3,000.00 * $0 $0 To Be Determined 8.Warranty Phase $4,000.00 9. Start-Up Services $8,200.00 Sub-Total Additional Services Fees Authorized $30,200.00 Total Authorized Fee $119,600.00 *Additional Services which are requested to be authorized in coordination with the notice to proceed for Basic Services. EXHIBIT"A" Page 10 of 10 Revised November 26,2013 U:\Corpus Christi\120435 ONSWTP NES Sludge Lagoon InfrastrucnAE Contract\2014-07-08 EXHIBIT A.docx City of Corpus 111111Msolutions Today with a Vision for Tomorrow = Christi engineers I architects I contractors 11/%/tio EXHIBIT A-1 CITY OF CORPUS CHRISTI ONSWTP INTERIM SLUDGE MANAGEMENT IMPROVEMENTS CITY PROJECT NO. E13052 SCOPE OF WORK PROJECT DESCRIPTION: ONSWTP Interim Sludge Management Improvements Provide preliminary phase, design phase, bid phase, construction phase, permit preparation, topographic survey, environmental issues, start-up, and warranty phase services for the design of the sludge transfer line to Lagoon No. 7. The sludge line will be added to give Operations a solution for pumping sludge from the North and South Lagoons to Lagoon No. 7 until the Solids Handling Facilities are constructed. The North and South Lagoon access roads are heavily deteriorated and will be rehabilitated to accommodate equipment needed for handling of floating dredge equipment. Evaluate options for transferring sludge to Lagoon No. 7 including the use of any existing lines connected to Lagoon No. 7. Determine the volume and characteristics of sludge and water in the North and South Lagoons and Lagoon No. 7. Review washwater recycling operational data to determine the volume of additional sludge that can be deposited in Lagoon No. 7 as well as the location and method of deposition appropriate to avoid hindrance of the washwater recycling operation. Determine an offsite disposal location for any amount of sludge that cannot be deposited in Lagoon No. 7 and the cost of offsite disposal associated with the initial dredging operations. Finally, provide dredge equipment start-up and commissioning support services. SCOPE OF SERVICES: Preliminary Phase a. Locate and verify a discharge location on the Southwest side of Lagoon No. 7. b. Coordinate sludge transfer line alignment with proposed improvements in area between the pre-sedimentation basin and Lagoon No. 7. c. Develop design of existing North and South Lagoon access road rehabilitation. d. Determine power requirements for the dredge equipment and identify power supply. e. Confirm, evaluate, and field-verify existing site conditions. (City will provide record information and data as available from City Engineering files.) f. Meet as needed with City staff and other agencies to define the project concept and coordinate with on-going construction. EXHIBIT"A-1" Page 1 of 5 g. Review and study the project scope and proposed budget as they relate to construction feasibility. h. Review previously developed sketches, designs, and/or engineering reports provided by City. i. Design new sludge transfer line from North and South Lagoons to Lagoon No. 7. j. Investigation/Modification of existing lines connecting to Lagoon No. 7 for use as sludge transfer line. k. Determine volume and characteristics of sludge in the North and South Lagoons. I. Review operational data of Lagoon No. 7 in order to: a. Determine volume and characteristics of sludge and water in Lagoon No. 7. b. Determine the volume of additional sludge that can be deposited in Lagoon No. 7 as well as the location and method of deposition appropriate to avoid hindrance of the washwater recycling operation. c. Investigate possible modifications to the washwater recycling operation m. Determine amount of sludge if required to be disposed of offsite. n. Identify an offsite facility for disposal of excess sludge. o. Determine the cost of offsite disposal associated with the initial dredging operations (not future routine FLUMP operations). p. Deliver Engineering Letter Report making alternative comparisons and recommendations for the above scope items along with associated preliminary costs. q. Assimilate all review comments, modifications, additions/deletions and proceed to next phase, upon Notice to Proceed. Design Phase: a. Prepare and submit for review a 60% set of construction drawings, plans, details, contract documents, and bid documents and a list of recommended technical specifications in accordance with the City of Corpus Christi's preferred format. b. Furnish one (1) set of plans and one (1) electronic copy to the City of Corpus Christi for review and comment. The City shall assume cost for reproduction of additional sets. c. Develop and submit for review an opinion of probable construction costs within the pre- determined budget constraint or, d. Recommend probable alternative bid items that may be needed to ensure that the lowest responsible bid can be awarded within budget. e. Assimilate all review comments, modifications, additions/deletions, and proceed to the 90% phase, upon Notice to Proceed. f. Prepare and submit for review a 100% set of construction drawings, plans, details, contract documents, technical specifications and bid documents in accordance with the City of Corpus Christi's preferred format. City Proj. No. E13052 ONSWTP Interim Sludge Management Improvements Exhibit"A-1" LNV Proj. No. 120435 Page 2 of 5 g. Furnish one (1) set of plans and one (1) electronic copy to the City of Corpus Christi for review and comment. The City shall assume cost for reproduction of additional sets. h. Develop and submit for review an opinion of probable construction costs within the pre- determined budget constraint or, i. Recommend probable alternative bid items that may be needed to ensure that the lowest responsible bid can be awarded within budget. j. Assimilate all review comments, modifications, additions/deletions, and proceed to the final phase, upon Notice to Proceed. k. Complete and submit a FINAL complete set of construction drawings, plans, details, contract documents, technical specifications, and bid documents in accordance with the City of Corpus Christi's preferred standard format. I. Provide the marked-up 90% review set so the City may determine that the comments were incorporated into the 100% set. m. Provide the final opinion of probably construction cost. n. Provide final alternative bid items that may be needed to ensure that the lowest responsible bid is within budget. o. Furnish the City with both a reproducible set of plans and specifications and bid documents for the bidding process, as well as the full documents in electronic format (pdf). p. Prepare and submit documents to regulatory agencies (TCEQ) for review and approval. Prepare required permits and agreements. Bid Phase a. Attend the pre-bid conference chaired by City and assist City in defining, clarifying, and responding to bidder questions with respect to project design, specifications, materials, and methods. b. Prepare addenda, in preferred City format, necessary to inform contractors of modifications and clarifications prior to bid date. The City's Engineering Services will distribute any addenda. c. Attend the bid opening, tabulate bids according to the City Engineering Services' preferred standard format, and make recommendations concerning award. d. Assist City during the bid phase, including making recommendations of award. e. Prepare bid tabulation. f. Be present at bid opening. Construction Phase a. Attend and participate in the pre-construction conference, which will be chaired by Engineering Services. b. Attend monthly construction meetings. City Proj. No. E13052 ONSWTP Interim Sludge Management Improvements Exhibit"A-1" LNV Proj. No. 120435 Page 3 of 5 c. Visit the site/confer with City's Construction Inspector and contractor to observe the progress and quality of work, and to determine, in general, whether the work is in accordance with project design. d. Review and approve all contractor's shop drawings and/or submittals. e. Coordinate necessary change orders during the process of the work. City will prepare and process all change orders. f. Review and approve all proposed layouts, lines, levels, and elevations prior to installation or construction to assure project design and intent. g. Review the contractor's progress payment request and approved schedule of work before submission to the City for processing. h. Provide record drawings from contractor-prepared redlined marked-up set of construction documents. i. Coordinate with the City Inspector to authorize minor field alterations that do not affect the contractor's price and are not contrary to the interest of the City. j. Conduct a "final inspection"with City and contractor, and make a recommendation concerning final acceptance. Additional Services 1 Permit Preparation a. Submit design milestone documents (60%, 100%, and Final) to TCEQ for plan review and approval. 3 Topographic Survey a. Provide additional topographical surveying services at ONSWTP for sludge piping discharge alignment and survey the North and South Lagoon and Lagoon No. 7 for total volume and current sludge volumes. 4 Environmental Issues a. Sample, test, and analyze results of sludge characteristics from the North Sludge Lagoon, South. Sludge Lagoon & Lagoon No. 7. Each lagoon will be divided into four quadrants with samples taken from three different depths in each quadrant for a total of 12 samples per lagoon and 36 samples in total. City Proj. No. E13052 ONSWTP Interim Sludge Management Improvements Exhibit"A-1" LNV Proj. No. 120435 Page 4 of 5 . . . 8 Warranty Phase a. Provide warranty phase services as described in Exhibit "A" 9 Start Up Services a. Provide dredge equipment start-up and commissioning. 1. Provide additional, on-site services, and field technical support at ONSWTP during dredge start-up and commissioning. Coordinate with the contractor, floating dredge manufacturer, and owner for start up and insure that Operators are sufficiently trained. City Proj. No. E13052 ONSWTP Interim Sludge Management Improvements Exhibit"A-1" LNV Proj. No. 120435 Page 5 of 5 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR NE PROFESSIONAL SERVICES/CONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Written Notice of Cancellation, Bodily Injury& Property Damage non-renewal or material change required Per occurrence- aggregate on all certificates COMMERCIAL GENERAL LIABILITY $1,000,000 COMBINED SINGLE LIMIT including: 1. Broad Form 2. Premises- Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired—Non-owned vehicles PROFESSIONAL LIABILITY including: $1,000,000 per claim/$2,000,000 Coverage provided shall cover all aggregate employees, officers, directors and agents (Defense costs not included in face value 1. Errors and Omissions of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured WORKERS' COMPENSATION Which Complies with the Texas Workers Compensation Act EMPLOYERS' LIABILITY 500,000/500,000/500,000 EXHIBIT"B" Page 1 of 3 K:\Engineedng DataExchangeUENNIFER\FORMS\Exhibit B for Large-Insurance 8 Indemnification.docx C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10)ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VD. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 Fax: (361) 826-4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. EXHIBIT"B" Page 2 of 3 K\Engineering DataExcnange\JENNIFER\FORMS\Exhibit B for Large-Insurance&Indemnification.docx H. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT"B" Page 3 of 3 K\Engineering DataExchange\JENNIFER\FORMS\Exhibit B for Large-Insurance 8 Indemnification docx illiggl psgccge 1x1 girl 1 ' 0001 1 § 1 011001 . 000002 101 JJa ! 001 10 . 888I 11L I Willi 1 :2-1M1 Egli 'ea " ! geYROOY ! " aTeee ! Rn a a III " ! I' m ! IllI 1 I I 111 11 I ! III WI • SUPPLIER NUMBER r_ Ps__ TO BE ASSIGNED BY CITY PURCHASING DIVISION . CITY OF CORPUS CHRISTI • CCorpus ity 01" DISCLOSURE OF INTEREST 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. Everyquestion 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 ZIPS FIRM IS: 1. Corporation 2. ...hip 83. Sole Owner 0 4. Association 5. Other 8 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 A 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 sfr 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 A/ A- 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 A/ � AILING 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 The disclosure shall also be made in a signed writing filed with the City Secretary. ( hies Ordinance Section 2-349(d)J 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 Persons DAN S.LEYEND' 6' 'R.,P.F. Titles PRESIDENT (Type er lrfery Signature of Certifying / Dates 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. "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.