HomeMy WebLinkAboutC2015-054 - 3/31/2015 - Approved CITY OF COPRUS CHRISTI
CONTRACT FOR PROFESSIONAL SERVICES
AMENDMENT NO. 5
The City of Corpus Christi, Texas hereinafter called "CITY", and LNV, Inc. hereinafter called
"ENGINEER" 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/E14015), as authorized and amended by:
Original Agreement March 19, 2013 Motion No. M2013-047 $162,950.00
Amendment No. 1 February 5, 2014 Administrative Approval $49,000.00
Amendment No. 2 May 12, 2014 Administrative Approval $39,850.00
Amendment No. 3 July 7, 2014 Administrative Approval $5,820.00
Amendment No. 4 January 23, 2015 Administrative Approval $46,300.00
Exhibit "A", Section I. Scope of Services, Part A. Basic Services, Item No. 3 Construction
Phase shall be amended to include additional Design Phase Services as specified in the attached
Amendment No. 5 Exhibit"A".
Exhibit "A", Section I. Scope of Services, Part B. Additional Services, Item No. 2 Warranty Phase
and Item No. 3 Consultant and Invoice Coordination shall be amended to include services as
specified in the attached Amendment No. 5 Exhibit"A".
Exhibit "A", Section III. Fees, shall be amended as specified in the attached Amendment No. 5 Exhibit
"A" for a revised fee not to exceed $238,550.00 (Two Hundred Thirty-Eight Thousand Five Hundred
Fifty Dollars and Zero Cents), for a total restated fee not to exceed $542,470.00 (Five Hundred Forty-
Two Thousand Four Hundred Seventy Dollars and Zero Cents). Monthly invoices shall be submitted
in accordance with Exhibit"B".
All other terms and conditions of the March 19, 2013 contract between the City and Engineer, and any
amendments to that contract, which are not specifically addressed herein shall remain in full force and
effect.
CITY OF CORP S CHRISTI NV, //C114f-).� 3 /v
// l ate
•Director of Capital Programs (Date) D. n S. Leyendecker, P.E ,
esident
.01 Navigation, Suite 300
RECO % D Corpus Christi, TX 78408
(361)883-1984 Office
3-71-71 (361)883-1986 Fax
a ng Department (Date) M 'E 0.53Au IMUK►.''
APP OVED AS TO FORM 3 ►s
s1 COUNCIL
sistant City Attorney ' (Date) SECRET
for City Attorney
AMEND. NO.5
Page 1 of 2
3TEWATER\E12161&E14015 CITYWIDE COLLECTION SYSTEM REPLACEMENT&REHAB IDIQ.AE CONSULTANT
215-054
3/31/15
ivl2015-030 INDEXED
LNV Inc.
APPROVED •
•
AU,,'`/ _
/"SOL.
Office of Management and Budget Date)
9 9
ATTEST
Rebecca Huerta, City Secretary
ENTERED
Project No: E14015
Accounting Unit:4254-042 MAK U 5 2015
Account: 550950
Activity: E 14015014254EXP
Account Category: 50950 CONTRMG I MMIVIt3 R
Fund Name:Wastewater 2015
AMEND. NO.5
Page 2 of 2
K:\ENGINEERING DATAEXCHANGEUENNIFER\WASTEWATER\E12161 CITYWIDE COLLECTION SYSTEM REPLACEMENT&REHAB IDIQWE CONSULTANT LN\AAMENDMENT NO.
5\CONTRACT.DOCX
. .
LNV
Solutions Today with a
engineers I architects I contractors Vision for Tomorrow
December 9, 2014
Jerry Shoemaker, P.E.
Acting Director of Capital Programs
City of Corpus Christi
P.O. Box 9277
Corpus Christi, TX 78469-9277
Re: Amendment No. 5 to Professional Services Contract
City Wide Collection System Replacement and Rehabilitation
Indefinite Delivery/Indefinite Quantity Program
City Project No. E12161/E14015
Dear Mr. Shoemaker:
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
the 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, it will increase the Additional Service Warranty
Phase associated with the additional delivery order sites as described in Scope of Services
below, and it will increase the Consultant and Invoice Coordination amount. The additional
allowance in this amendment is the estimated maximum amount required for the Engineer to
complete the 2-year Renewal Construction Contract.
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
AMEND. NO.5
EXHIBIT"A"
Page 1 of 5
1. SCOPE OF SERVICES
The Scope of Services for this contract amendment consists 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.
•
i. Review construction "red-line" drawings, of the Project
as constructed (from the "red-line" drawings, inspection, and the contractor
AMEND.NO. 5
EXHIBIT"A"
Page 2 of 5
•
•
provided plans). - _ • _ _ __ -_ •--- - - - - - - - - - -
- - - • .
k. Delivery 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 renewed 2-year contract.
The City staff will:
b. Conduct the final acceptance inspection with the Engineer.
A. 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 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.
3. Consultant and Invoice Coordination
• Engineer will provide interpretations/clarifications on ID/IQ plans,
AMEND.NO.5
EXHIBIT"A"
Page 3 of 5
specifications and procedures.
• Engineer will prepare and maintain a Site Summary List detailing
construction status and total invoiced amount for each delivery order site
• Engineer will create a site quantity form for consultant's monthly execution.
• Engineer will compile consultant's site quantity forms and submit a single
pay application to the City on a monthly basis.
• Engineer will track overall project money and provide City with regular
updates on status of remaining funds.
4. Traffic Control Plans (N/A)
5. City-wide Pipe Bursting IDIQ Contract Docs. & Bid Package(N/A)
II. SCHEDULE
Day Date Activity
Weekday April 2016 Complete Construction (E14015)
III. 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, A/E 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. IA
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 were 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 in the original
contract were located in these basins. The fees in this Amendment are based on
this estimated distribution of delivery orders.
AMEND. NO.5
EXHIBIT"A"
Page 4 of 5
Summary of Fees
ORIGINAL
CONTRACT AMD.No.1 AMD.No.2 AMD.No.3 AMD.No.4 AMD.No.5 TOTAL
BASIC SERVICES
1.Preliminary Phase $ - $ - $ - $ - $ - $ - $
2.Design Phase $ - $ - $ - $ - $ - $ - $
3.Bid Phase $ - .$ - $ - $ - $ - $ - $
4.Construction Phase(Allowance) $112,500.00_$ 49,000.00 $ 38,600.00 $ - $ - $190,000.00 $ 390,100.00
Subtotal Basic Services $112,500.00 $ 49,000.00 $ 38,600.00 $ - $ - $190,000.00 $390,100.00
ADDITIONAL SERVICES(Allowance)
1.Topographic Survey $ 3,080.00.$ - $ - $ (3,080.00) $ - $ - $
2.Warranty Phase $ 5,300.00 $ - $ 1,250.00 $ - $ - $ 6,550.00 $ 13,100.00
3.Consultant and Invoice Coordination $ 42,070.00 $ - $ - $ - $ - $ 42,000.00 $ 84,070.00
4.Traffic Control Plans $ - $ - $ - $ 8,900.00 $ - $ - $ 8,900.00
5.City-wide Pipe Bursintg l DI Contract Docs.&Bid Package $ - $ - $ - $ - $ 46,300.00 $ - $ 46,300.00
Subtotal Additional Services $ 50,450.00 $ - $ 1,250.00 $ 5,820.00 $ 46,300.00 $ 48,550.00 $ 152,370.00
TOTAL AUTHORIZED FEE $162,950.00•$ 49,000.00 $ 39,850.00 $ 5,820.00 $ 46,300.00 $238,550.00 $542,470.00
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 A/E Fee
$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 Finy(No. F-366
/'�� fit/
D S. Leyendecker, P.E.
k/r-Pesident
AMEND. NO. 5
EXHIBIT "A"
Page 5 of 5
Sample form for:
COMPLETE PROJECT NAME RevisePaymert Request
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 $8,260 $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%
0&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%
in
26 2
>7i
•
• •
SUPPLIER NUMBER
TO BE ASSIGNED BY CITY
g PURCHASING DIVISION
CitywofofCITY OF CORPUS CHRISTI
n DISCLOSURE OF INTEREST
Chri
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 Engineering
P.O.BOX:
STREET ADDRESS: 801 Navigation,Suite 300 CITY: Corpus Christi ZIP: 78408
FIRM IS: I. Corporation 2. Partnership3. 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 Job 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
N /R
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 inthe 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 changes occur.
Certifying Person: Dan S.Leyendecker,P.E. Title: President
(Type or Print)
.4
Signature of Certifying Date: Z/2e/s-
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.