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HomeMy WebLinkAboutC2015-460 - 12/15/2015 - Approved • CITY OF CORPUS CHRISTI AMENDMENT NO. 6 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas, a Texas home-rule municipal corporation ("City") and LNV, Inc. ("Consultant"), agree to the following amendments to the Contract for Professional Services for Citywide Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity (IDIQ) Program (Project No. E12161/E14015): 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 Amendment No. 5 March 31, 2015 Motion No. M2015-030 $238,550.00 In the Original Contract, Exhibit "A", Section I. Scope of Services shall be amended as set forth in the attached Amendment No.6, Exhibit "A". In the Original Contract, Exhibit"A", Section III. Fees shall be amended based on the modified scope of services in the attached Amendment No. 6, Exhibit "A" for a fee not to exceed $129,275.00, for a total restated fee not to exceed $671,745.00. All other terms and conditions of the March 19, 2013 Contract for Professional Services between the City and Consultant, and of any amendments to that contract,which are not specifically addressed herein shall remain in full force and effect. CITY • - e - ' S L INC. I 1.4011b- J.H. onds, P.E. to an S. Ley: decker, P. . Date Director of Engineering Services President 801 Navigation, Suite 300 Corpus Christi, TX 78408 RECOMME DED (361) 883-1984 Office (361) 883-1986 Fax /91 0 erating Department Date APPROVED AS TO LEGA FORM ///r, . 12'//—S ft COUNCIi.... 1s Assis'nt City Attorney / Date ... SECRETARY 70VID if/ 2015-460 t 12/15/15 M2015-139 R\E12161&E14015 CITYWIDE COLLECTION SYSTEM REPLACEMENT&REHAB IDIQ\AE CONSULTANT CONTRACT LNV Inc. REV 10/1/15 �D�r�/YI`�`I • ATTEST /4- -L,41N City Secretary I Project Number E12161/E14015 Accounting Unit 43'4-042 Vd-yg-o‘104- Account 550950 v)yes E14015014264EXP Account Category 50950 1� Fund Name Wastewater 2015 ' K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E12161&E14015 CITYWIDE COLLECTION SYSTEM REPLACEMENT&REHAB IDIQWE CONSULTANT CONTRACT LNV AMENDMENT NO.6\CONTRACT DOC REV 10/1/15 • • LNI Solutions Today with a engineers architects contractors Vision for Tomorrow August 21, 2015 J.H. Edmonds, P.E. Director of Capital Programs City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 Re: Amendment No. 6 to Professional Services Contract City Wide Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity Program City Project No. E12161/E14015 Dear Mr. Edmonds: 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). This amendment will increase the Basic Services Construction Phase (Allowance) for the Engineer to continue issuing delivery orders and providing construction phase services. This amendment will also increase the Additional Service Warranty Phase associated with the additional delivery order sites as described in the 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 1-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. 6 EXHIBIT"A" 801 NAVIGATION I SUITE 200 I CORPUS CHRISTI,TEXAS 78408 Page 1 of 6 OFFICE 361.883.1984 I FAX 361.883.1986 I WWW.LNVINC.COM • • • 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 A/E will perform contract administration to include the following: a. Participate in pre construction meeting conference and provide a recommended 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 - - e - _ -.9. A (HyperText Markup Language) format, with HyperText links to the other parts of the manual. The remainder of the manual can be scanned images or a mixture of TIFF, JPEG, etc.. Confirm before delivery of the manuals-that all scanned image -- -- - - .- - - a •-•_ La - -e - -e - - - ---e•-e —:••:: - . `- 9 9, — -- i. Review construction "red-line" drawings, of the Project as constructed (from the "red-line" drawings, inspection, and the contractor provided plans). - - -- • - - -- _ --- _ -- ._- - - _ __ - _ - " - - AMEND. NO. 6 EXHIBIT"A" Page 2 of 5 - - ---- - -- - ' - - - • e . - _- - • •• - - - - - - - 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 15 separate delivery order packets for the renewed 1-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 one (1) 12-month warranty period. 3. Consultant and Invoice Coordination • Engineer will provide interpretations/clarifications on ID/IQ plans, specifications and procedures. • Engineer will prepare and maintain a Site Summary List detailing AMEND. NO. 6 EXHIBIT"A" Page 3of5 • 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) 2. SCHEDULE Date Activity October 2016 Completion of Construction Phase October 2017 Completion of Warranty Phase 3. 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. In Section Ln.1 3, the statement will be based upon NE's - - - - - - -- -- - -- - •- the construction contract. City will make prompt monthly payments in response to A/E'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 A/E 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 over the 1-year renewal period. AMEND. NO. 6 EXHIBIT"A" Page 4 of 5 Summary of Fees ORIGINAL AMD.No.1 AMD.No.2 AMD.No.3 AMD.No.4 AMD.No.5 AMD.No.6 TOTAL CONTRACT 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 $105,000.00 $495,100.00 Subtotal Bask Services $112,500.00 $ 49,000.00 $ 38,600.00 $ - $ - $190,000.00 $105,000.00 $495,100.00 ADDMONAL SERVICES(Allowance) 1.Topographic Survey $ 3,080.00 $ - $ - $ (3,080.00) $ - $ - $ - $ - 2.Warranty Phase $ 5,300.00 $ - $ 1,250.00 $ - $ - $ 6,550.00 $ 3,275.00 $ 16,375.00 3.Consultant and Invoice Coordination $ 42,070.00 $ - $ - $ - $ - $ 42,000.00 $ 21,000.00 $ 105,070.00 4.Traffic Control Plans $ - $ - i $ - $ 8,900.00 $ - $ - $ - $ 8,900.00 5.City-wide Pipe Bursintg IDIQ 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 $ 24,275.00 $ 176,645.00 TOTAL AUTHORIZED FEE $162,950.00 $ 49,000.00 $ 39,850.00 $ 5,820.00 $ 46,300.00 $238,550.00 $129,275.00 $671,745.00 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 NE 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 Firm No. F-366 ? - .1411111'.' 10 li fic *,Dan S. Leye dec' er, ".E. President AMEND. NO. 6 EXHIBIT"A" Page 5 of 5 • Iiiva SUPPLIER NUMBER TO BE ASSIGNED BYCITY- _ PURCHASING DIVISION City of CITY OF CORPUS CHRISTI corpus Christi DISCLOSURE OF INTEREST 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 X 2. Partnership e 3. Sole Owner ❑ 4. Association ❑ 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm. Name Job Title and City Department(if known) i/# 2. State the names of each "official"of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Consultant • s FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Dan S. Leyendecker,P. E. Title: President (T)pe or Print) Signature of Certifying / Date: Z�2o//s. Person: vim!/ 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.