HomeMy WebLinkAboutC2016-136 - 4/8/2016 - NA CITY OF CORPUS CHRISTI
AMENDMENT NO. 3
CONTRACT FOR ENGINEERING DESIGN
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 Oso Water Reclamation Plant
Nutrient Removal and Re-rate to 24 MGD Phase 2 (Final) (Project No. E12206):
Original Contract June 11, 2013 Motion No. 2013-102 $9,998,629.00
Amendment No. 1 May 11, 2015 Administrative Approval $0.00
Amendment No. 2 October 26, 2015 Administrative Approval $0.00
In the Original Contract, Exhibit "A", Section I. Scope of Services shall be amended as set forth in the attached
Amendment No.3, Exhibit "A".
In the Original Contract, Section 3. Fees shall be amended based on the modified scope of services in the attached
Amendment No. 3, Exhibit "A" for a fee not to exceed $0.00, for a total restated fee not to exceed $9,998,629.00.
All other terms and conditions of the June 11, 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.
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V. -rie H. G -y, P.E. /tote Date D-n S. Leyendecker, P.E. Da e
City Manager ( P esident
.01 Navigation, Suite 300
Corpus Christi, TX 78408
RECOM ENDED (361) 883-1984 Office
(361) 883-1986 Fax
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Assistant City Attorney Date
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Office of Management
Accounting Unit 4249 064
Account 550950
ATTEST Activity E12206014249EXP
, , j Account Category 50950
2016-136 14/i 3/1 tp Fund Name Wastewater 2012B RVBD
4/08/16 Date
/ATERvE12206 OSO WRP NUTRIENT REMOVAL&RE-RATE TO 24 MGD-PH 2(FINALMMENDMENT NO 3vCONTRACT DOC
LNV Inc.
REV.10/1/15
INDEXED
LNV
Solutions Today with a
engineers I architects contractors Vision for Tomorrow
February 29, 2016
Mr. Jeff Edmonds, P.E.
Director of Capital Programs
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78469-9277
RE: AMENDMENT NO.3 TO PROFESSIONAL SERVICES CONTRACT
Oso WRP Nutrient Removal and Re-rate to 24 MGD—Phase 2(FINAL)
City Project E12206
Dear Mr. Edmonds:
Please find Amendment 3, which requests an additional budget allocation for Permitting Services
originally provided under Additional Services in Amendment No. 1.
BACKGROUND
Original Contract
The original contract for the above referenced project was approved by City Council on June 11,
2013 by Motion No. M2013-102 for an amount not to exceed $9,998,629.00. The scope of the
project included major facility improvements at the Oso WRP (Contract "A") along with the
decommissioning and replacement of the Laguna Madre WWTP with an effluent pump station
(Contract "B"). Along with the design of these facility improvements, LNV was tasked with
determining the permit requirements for the Oso WRP, as well as preparing and submitting all of
the applicable permit applications. On August 19, 2013, LNV previously received formal Notice to
Proceed (NTP) letters for these permitting services, along with preliminary design, in the amount of
$200,000, andn February 26, 2014, an amount of $1,293,283 was authorized for a total not to
exceed fee of $1,493,283. With respect to the original contract,lengineering data and
documentation were prepared for the renewal of the TDPES Discharge Permit, which was
submitted to the Texas Commission on Environmental Quality (TCEQ) on December 3, 2013.
Amendment No. 1
LNV received authorization for a zero-dollar Amendment No.1 on May 14, 2015. The purpose of
Amendment No. 1 was to reduce the original Basic Services scope of work, to revise the project
schedule, and to add un-scoped Additional Services, including unanticipated permitting tasks. In
response to the application to renew the Oso WRP discharge permit, the TCEQ informed the City
that the dissolved oxygen (DO) standards for the Oso Bay complicate the amendment approval
process. In response to the TCEQ, the City requested additional permitting services to address the
AMD. NO.3
EXHIBIT"A"
801 NAVIGATION I SUITE 300 I CORPUS CHRISTI,TEXAS 78408 Page 1 of 4
OFFICE 361.883.1984 I FAX 361.883.1986 I WWW.LNVINC.COM
Oso WRP discharge and the subsequent DO concentrations in the Oso Bay. As described in
Amendment No. 1, the inability to determine the specific tasks needed to address the concerns
raised by the TCEQ necessitated the need to negotiate permitting services to be completed on a
time and materials (T&M) basis. The use of a T&M contract allowed for these unanticipated
permitting services to be done in manner that represented the true level of effort needed for
completion without unduly burdening the City with additional change orders and amendments to
address budgetary shortfalls. The terms outlined in Amendment No. 1 stipulated that the Engineer
would inform the City if an additional allowance would be necessary to complete any unanticipated
permitting services requested by the City.
With respect to Amendment No. 1, the following permitting services were provided in response to
the comments provided by the TCEQ:
• Development of water quality model for the Oso Bay
• Extensive water quality data and model review for the Oso Bay
• Extended discussions with the City concerning the model results and potential action items
• Numerous meetings with TCEQ to explain model results and analysis
Amendment 2
LNV received authorization for Amendment No. 2 on November 6, 2015. Amendment No. 2
represented a reduction in the scope of work associated with the original contract, such that the
primary objective is to address the most critical needs for reliable operation of the Oso WRP. Along
with the design of the facilities that is currently underway under this amendment to meet the primary
objective, continuing permitting services are being provided to address the necessary tasks
associated with the on-going application process for the renewal of the Oso WRP discharge permit,
including continued discussions with the TCEQ and the City, as well as updated water quality model
runs and analysis.
DESCRIPTION OF AMENDMENT NO. 3
Due to the complexity of this particular discharge permit approval process, the City has requested
additional services from the permitting team to respond to the additional concerns raised by TCEQ
and to provide assistance in resolving the issues associated with the discharge to Oso Bay with the
to
ultimate objective being identify a path forward towards a discharge permit renewal from the
TCEQ.
In response to the City's request, an additional budget of $150,000 has been requested for these
additional services in Amendment 3 as a zero dollar amendment. The services provided in
Amendment No. 3 are proposed to be performed on a T&M basis due to the inability to determine
the specific level of effort required to complete the desired permitting services. For this reason, it is
important to clarify that although the Engineer trusts that this fee is sufficient to complete the
required tasks, it is possible that the regulatory agencies (TCEQ/EPA) may request additional
information, meetings, and/or require special coordination efforts, which may result in a future
contract amendment. The Engineer will inform the City if additional allowance is necessary to
complete any service requested by the City.
AMD. NO.3
EXHIBIT"A"
Page 2 of 4
SCOPE OF SERVICES:
At this time, the extent and the type of the additional services are not fully defined. The Scope of
Services for this contract may include additional services as described below. The Engineer will
perform these services only as authorized by City and only to the budget limit.
A. ADDITIONAL SERVICES
1. Permitting Services
a. Water Quality Modeling and Analysis
• Identify alternative model interpretation approaches.
• Conduct additional water quality modeling runs to simulate conditions not
previously modeled.
• Assess the short-term and long-term impacts of 303(d) listing of Oso Bay on
the Oso WRP permit.
• Identify alternative permitting strategies and assess how the strategies impact
the continued Oso WRP discharge over the next three to five permit cycles.
• Conducting additional model runs to identify alternative scenarios based on
discussions with TCEQ and the City
• Developing alternative water quality standards based on model results,
including different daily and/or minimum dissolved oxygen standards for Oso
Bay
• Analyze and interpret modeling results and prepare summary documents to
effectively communicate model results and impacts to City staff and/or
TCEQ/EPA.
• Preparing a draft standard operating procedure for the model for submittal to
TCEQ
b. Agency Coordination
• Prepare for and participate in meetings with TCEQ and EPA technical and
managerial staff.
• Preparing documentation for EPA regarding model interpretation and possibly
water quality standards changes
• Negotiate with TCEQ staff to identify a method for using the Oso Bay water
quality m del in support of a water quality standards change.
• Assist TCQ in the development of a standard operating procedure fort water
quality discharge models for bays and estuaries.
• Negotiate the inclusion of a water quality standard variance into the permit.
• Negotiate with TCEQ and possibly EPA a protocol for determining an
appropriate DO water quality standard for Oso Bay reflective of natural
conditions.
• Negotiate and develop permitting options for the Oso WRP with TCEQ
Executive staff.
• Responding to City/TCEQ/EPA requests for additional technical analyses.
• Coordinate with City staff, City legal counsel, and City Consultants.
AMD. NO.3
EXHIBIT"A"
Page 3 of 4
•
SCHEDULE:
All work under Amendment No. 3 of this contract, as requested by the City, shall be completed by
the Engineer in accordance with the schedule shown below.
TASK Duration
Additional Services
1. Permitting Services 270 days
FEES:
A. Fees for Additional Services Authorized. The City will pay the Engineer for the additional
services detailed in this Amendment on a time and materials basis in accordance with
standard hourly rates for an amount not to exceed those shown in "ATTACHMENT 1" for
provided services specified in this contract. The fee will be full and total compensation for
services and for all expenses incurred in performing these services. The Engineer will
submit monthly statements for services rendered. The City will make prompt monthly
payments in response to the Engineer's monthly statements.
B. Summary of fees.
Refer to ATTACHMENT 1.
If you have any questions or if you would like to discuss in more detail, please feel free to call me at
361-960-2279.
Sincerely,
Logan Burton, P.E.
PrincipalNice President
LNV, Inc.
TBPE Firm Reg No. F-366
AMD. NO.3
EXHIBIT "A"
Page 4 of 4
ATTACHMENT 1: SUMMARY FEE TABLE
2/17/2016
Construction Budget Amd 2=$37.75M
ORIGINAL CONTRACT FEES AMENDED FEES AUTHORIZED FEES
CONTRACT A. CONTRACT B' ORIGINAL
TASK CONTRACT AMD 1 AMD 1 AMD 3 TOTAL AMD 1 AMD 2 AMD 3 TOTAL UNAUTHORIZED
(O50 WRP) (LMWWTP) REMAINING FEES
TOTAL
BASIC SERVICES
1.Preliminary Phase' $1,293,283_ $620,514 $1,913,797 $0 $0 $0 $1,913,797 $1,186,896 $323,805 $1,510,703 $403,094
2.Design Phase' $2,564,148 $1,230,252 $3,794,400 $0 So $0 $3,794,400 $2,324,785 ($716,461) $1,608,324 $2,188,078
3.Bid Phase' $71,410 $34,060 $105,470 $0 SO $0 $105,470 $71,410 ($26,317) $45,093 $60,377
4.Construction Phase' $862,552 $414,788 $1,277,340 $0 $0 $0 $1,277,340 $862,552 ($321,434) $541,118 $738,222
Subtotal Basic Services $4,791,393 $2,299,614 $7,091,007 $0 $0 $0 $7,091,007 $4,445,645 ($740,407) $3,705,238 $3,385,769
ADDITIONAL SERVICES(ALLOWANCE(
1.Permitting&Agency Coordination' $129,083 $97,100 $226,183 $140,000 $0 $150,000 $516,183 $269,083 $0 $150,000 $419,083 $97,100
2.Topo Survey&Land Acquisition $82,944 $157,066 $240,010 $0 $0 $0 $240,010 182,944 $0 $0 $82,944 $157,066
3.Environmental Issues(TBD) $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
4.Construction Observation Services(TBD) $0 $0 $0 $0 S0 $o $0 $0 $0 $0 $0 $0
5.Start-Up&Training' $250,068 $59,008 $309,076 $0 $0 $0 $309,076 $0 $0 $0 $0 $309,076
6.Warranty Phase' $88,086 $24,876 $112,962 $0 00 SO $112,962 $0 $0 $0 $0 $112,982
7.SCADA&O&M Documentation' $166,461 $35,220 $201,681 $0 $0 SO_ $201,681 $0 $0 $0 $0 $201,881
8.Public Involvement' $12,037 $12,057 $24,094 $0 $0 $0 $24,094 $0 $0 $0 $0 $24,094
9.Conformed Contract Documents• $82,428 $34,790 $117,218 $0 $0 $0 $117,218 $0 $0 $0 $0 $117,218
10.Exist.Facilities Condition Assessment $295,390 $0 $295,390 ($185.260) $0 $0 $110,130 $0 $0 $0 $0 $110,130
11.Filtration&UV Disinfection Study $94,358 $0 $94,358 $0 $0 $0 $94,358 $94,358 $0 $0 $94,358 $0
12.Windstorm Certification• $86,456 $20,904 $107,360 So $0 $0 $107,360 $0 $0 $0 $0 $107,360
13.Peer Review-Coord.&Response• $367,305 $88,068 $455,373 $0 ($56,441) $0 $308,932 $0 $0 $0 $0 $398,932
14.LMWWTP Decommissioning' _ $0 $299,840 $299,840 $0 SO $0 $299,840 $0 $0 $0 $0 $299,840
15.Biogas/Natural Gas Onsite Cogen. $152,661 $0 $152,661 $0 ($152,681) $0 $0 $o SO SO $0 $0
16.Oso WRP Energy Audit $271,416 $0 $271,416 $0 $0 ($150,000) $121,418 $0 $0 $0 $0 $121,416
17.Geotechnical Services $0 $0 $0 $35,760 SO $0 535,760 $35,760 $0 $0 $35,780 $0
18.Dig 2 Structural Assessment $0 $0 $0 $9,500 $0 $0 $9,500 $9,500 SO SO $9,500 $0
19.Intra-basin Flow Transfer Evaluation $0 $0 $0 $0 $137,146 $0 $137.146 $0 $137,148 $0 5137,148 $0
20.Dynamic Process Modeling&Evaluation $0 $0 $0 SO $71.956 SO $71,956 $0 $71.9513 $0 $71,950 $0
Subtotal Additional Services $2,078,693 $828,929 $2,907,622 $0 $0 $0 $2,907,822 $491,645 $209,102 $150,000 $850,747 $2,056,875
TOTAL FEE $6,870,086 I $3,128,543 I $9,998,629 SO $0 $0 $9,998,629 $4,937,290 ($531,305) $150,000 $4,555,985 $5,442,644
Council Approval Admin Admin
June 11.2013 Approval Approval
M2013-102
NOTES:
•Rates have been escalated to the midpoint of construction for each contract.
AMENDMENT 3
ATTACHMENT 1