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Home My WebLink AboutC2017-078 - 1/31/2017 - NA CITY OF CORPUS CHRISTI AMENDMENT NO. 4 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 Oso Water Reclamation Plant Infrastructure Rehabilitation and Improvements (Project No. E12206): Original Contract June 11, 2013 Motion No. M2013-102 $9,998,629 Amendment No. 1 May 11, 2015 Administrative Approval $0 Amendment No. 2 October 26, 2015 Administrative Approval $0 Amendment No. 3 April 13, 2016 Administrative Approval $0 In the Original Contract, Exhibit"A", Section I. Scope of Services shall be amended as set forth in the attached Amendment No.4, Exhibit"A". In the Original Contract,Section III. Fees shall be amended based on the modified scope of services in the attached Amendment No. 4, Exhibit"A"for a fee not to exceed I0, for a total restated fee not to exceed $9,998,629. 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. CI ' EF •R• 3 'ISTI LNV,IN I djmw 5///7 , ' e A '/7 V.7 e H. Gra P.E , ' I [ Date Dan S. L- - • -cker, P.E. Date Ex-• tive Direc • "o Publi irks f Fresh -nt 801 Navigation, Suite 300 Corpus Christi, TX 78408 APPROVED AS TO LEGAL FORM (361)883-1984 Office 0.,(AA(1)., (keim Aimee Alcorn Reed (361)883-1986 Fax . _4()2017.01.23 14:44:50-06'00' loganb@Invinc.com Assistant City Attorney Date ATTEST N < (1& - l. tz ��Z� City Secretary Date ,_/. ./ .� Project Number E12206 Accounting Unit 4252-064 Account 550950 Activity El2206-01-4252 EXP Account Category 50950 Fund Name WW 2013 RVBD 2017-078 1/31/17 EWATER E1220E OSO WRP NUTRIENT REMOVAL 6 RE-RATE TO 24 MGD-PN 2(FINAL)IAMENOMENT NO 4 CONTRACT DOC REV 1011 15 LNV Inc. INDEXED LNV Solutions Today with a engineers architects contractors Vision for Tomorrow January 10, 2017 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. 4 TO PROFESSIONAL SERVICES CONTRACT Oso WRP Infrastructure and Rehabilitation Improvements City Project E12206 Mr. Edmonds: Please find Amendment No. 4, which requests: i) budget allocation for the design of various components of the project originally omitted in the partial NTP for design services that was received on May 6, 2016, ii) Notice to Proceed (NTP) for bidding and construction phases services on all project elements designed to date, and iii) increased budget allocation for continued permitting services associated with renewing the Oso WRP's current TPDES permit. BACKGROUND Original Contract LNV received formal Notice to Proceed (NTP) letters for Preliminary Design and Permitting services from the City on August 19, 2013 and on February 26, 2014 in the amount of $1,293,283 and $200,000, respectively, for a total not-to-exceed fee of $1,493,283. The originally scoped improvements had a construction budget of$63.0M. Amendment No. 1 On May 14, 2015, LNV received authorization for Amendment No.1, which was a zero-dollar amendment. The purpose of Amendment No. 1 was to reduce the original Basic Services scope of work, to add un-scoped Additional Services (Geotechnical Investigation & Permitting tasks) and to revise the project schedule. The preliminary design, along with the preliminary engineering report (PER) for 30% design, was completed for the modified scope of work ($56.8M construction budget) under Amendment No. 1 in November 2014. Amendment No. 2 On November 6, 2015, LNV received authorization for Amendment No. 2 which documented the City's decision to further reduce the scope of work associated with the original contract. The new objective was to address only the most critical needs for reliable wastewater treatment operations at Page 1 of 6 Amend. No. 4 801 NAVIGATION I SUITE 300 I CORPUS CHRISTI,TEXAS 78408 Exhibit A OFFICE 361 883 1984 I FAX 361.883.1986 I WWW.LNVINC.COM Page 1 of 7 the Oso WRP and the revised construction budget was $37.75M. As a result in the reduction in the scope of work, the original PER, along with the drawings associated with the 30% design, were revised to account for the removal/addition and/or revision of various items. In addition, the name of the project was modified to "Oso Water Reclamation Plant Infrastructure Rehabilitation and Improvements". In May 20, 2016, the 30% design PER for the reduced scope was completed and submitted to the City. Amendment No. 3 On April 13, 2016, LNV received authorization for Amendment No. 3, which was a zero-dollar amendment. The purpose of Amendment No. 3 was to enable the permitting team to respond to additional concerns raised by TCEQ by conducting water quality modeling analysis to assess the impacts of dissolved oxygen (DO) concentrations in the Oso Bay and to ultimately provide assistance toward a discharge permit renewal from TCEQ. Partial NTP- May 6, 2016 On May 6, 2016, a partial NTP for the detailed design was received from the City. The purpose of the partial NTP was to provide engineering design services for the new Lift Station and Headworks at Oso WRP which had a construction budget of$16.7M. The following items were included in the partial NTP: • Replacement of the existing LS1 with a new influent lift station (Sized for 80 MGD, Pumping Capacity of 60 MGD) • Replacement of the existing headworks facility with improved screening, grit removal and flow splitting capabilities (98 MGD) However, several critical items were inadvertently omitted from the scope of work. The engineering team recognized that these items must be designed for these facilities to serve their intended purpose and as a result, put forth the design resources and effort necessary to include these additional items in the project plans and specifications. The critical items that were originally omitted from the scope of work but have already designed and included in the plans and specifications are described in detail in the Amendment 4 section below. Page 2 of 6 Amend. No.4 801 NAVIGATION I SUITE 300 I CORPUS CHRISTI,TEXAS 78408 Exhibit A OFFICE 361.883.1984 I FAX 361.883.1986 I WWW.LNVINC.COM Page 2 of 7 • AMENDMENT NO. 4-Scope of Work The following project elements were originally omitted from the partial NTP on May 6, 2016 but were required to be designed for the lift station and headworks to serve their intended use. These items have already been designed and were included in the 90% submittal in November 2016. • New odor control facility to service the new lift station and headworks facility. This includes the demolition of the existing system and replacement of existing odor control unit with two(2) new odor control units (BioTower with carbon polisher and in-ground Biofilter)capable of treating 12,200 cubic feet per minute (cfm)of airflow and high hydrogen sulfide concentrations at a removal efficiency rate of 99%. • 42-inch, 48-inch and 54-inch yard piping that connects the existing gravity collection system to the new lift station and the new headworks to the existing aeration basins • Two (2)8-ft interceptor manholes and two (2) 16 feet wide by 22 feet long by 15 feet deep junction boxes that connect the existing gravity system to the proposed wastewater collection system • 30-inch and 16-inch process drain lines, storm drains, and plant non-potable utilities • Six (6) new influent ultrasonic meters and three custom concrete metering vaults with access hatches and gravity drains • Electrical cable tray and elevated cable tray bridge over plant access road from ECR-5 to the proposed headworks facility • Concrete paved access roads from both plant entrances to all major plant facilities designed for heavy truck traffic associated with sludge, grit and screenings hauling • Cleaning of existing aeration basins and clarifier inlet channels to remove debris and grit, which will optimize the wastewater treatment processes at the Oso WRP BASIC SERVICES: 1. Preliminary Phase- N/A 2. Design Phase - Engineering design of items originally omitted from the Partial NTP (described above) and additional wastewater treatment process optimization 3. Bid Phase- Bidding services as outlined in previous contract The bidding services that have been scoped in previous contracts would be provided. However, these services would only be performed for the project elements that have been authorized as described above. 4. Construction Phase-Construction administration services as outlined in previous contract Page 3 of 6 Amend. No.4 801 NAVIGATION I SUITE 300 I CORPUS CHRISTI,TEXAS 78408 Exhibit A OFFICE 361 883 1984 I FAX 361.883.1986 I WWW.LNVINC.COM Page 3 of 7 The construction administration services that have been scoped in previous contracts would be provided. However, these services would only be performed for the project elements that have been authorized as described above. ADDITIONAL SERVICES: 1. Permitting and Agency Coordination An additional budget allowance of$110,000 has been requested under Amendment No. 4 to continue permitting services that were originally provided under Amendment No. 3. The primary purpose of these permitting services is to respond to the comments and requests from the EPA with the ultimate objective of reaching a consensus on the contents of the discharge permit for the Oso WRP. When providing permitting services, the specific tasks may be fairly well-understood, but the level of the effort required to complete the tasks can vary significantly. Therefore, the permitting services to be provided in this amendment are proposed to be performed on a time and material (T&M) basis. The benefit of a T&M contract is that the City would only pay for the exact work that is performed. At the conclusion of the work conducted under Amendment No. 3, the EPA was presented with additional water quality modeling and a proposed DO criterion for the Oso Bay, which would have kept the water quality characteristics at its current levels. The EPA responded to the analysis of the Oso Bay, along with the proposed DO criterion, with questions and concerns surrounding the ability of the proposed DO criterion to ensure the protection of the Oso Bay and the Corpus Christi Bay. Therefore, the permitting services to be performed under this amendment include, but are not limited to, the following: • Preparation of response to comments from the EPA • Water quality model updates in response to comments from EPA, including data analysis and interpretation • Coordination with local environmental groups regarding habitat protection in areas that are impacted by Oso WRP • Preparation for and participation in meetings with the EPA and TCEQ • Preparation of documentation for TCEQ and EPA related to permitting and data pertaining to water quality standards While the Engineer trusts that this fee is sufficient to complete the required tasks, the inability to predict the requirements to be set forth by the EPA or TCEQ may result in a future contract amendment in the event that the objectives of the permitting services are not achieved. The Engineer will inform the City if an additional allowance is necessary to complete any service requested by the City. Page 4 of 6 Amend. No.4 801 NAVIGATION I SUITE 300 I CORPUS CHRISTI,TEXAS 78408 Exhibit A OFFICE 361 883 1984 I FAX 361.883.1986 I WWW.LNVINC.COM Page 4 of 7 12. Windstorm Engineer will perform Windstorm calculations, inspections, and provide certification for the following structures: 1. ECR Building 5 2. Influent Pump Station 3. Headworks 4. Electrical Cable tray bridge 5. Odor Control Facility This includes all Windstorm tasks outlined in the original scope of work. 17. Geotechnical Services - Recommendation for geotechnical services and coordination with selected firm Under this amendment, a recommendation for a firm to provide geotechnical services will be provided to the City, along with the associated coordination with the selected firm on the construction materials testing schedule and requirements. SCHEDULE All work under Amendment No. 4 of this contract, as requested by the City, shall be completed by the Engineer in accordance with the schedule provided below. TASK Duration Basic Services Notice-to-Proceed (NTP) TBD 2. Design Phase 2 months (60 days) after NTP 3. Bid Phase 3.5 months (105 days) after Design 4. Construction Phase 24 months (730 days) after Bid Additional Services 1. Permitting and Agency Coordination 6 months (180 days) after NTP 12. Windstorm 24 months (730 days) after Bid 17. Geotechnical Services 3 months (90 days) after NTP Page 5 of 6 Amend. No. 4 801 NAVIGATION I SUITE 300 I CORPUS CHRISTI,TEXAS 78408 Exhibit A OFFICE 361.883.1984 I FAX 361.883.1986 I WWW.LNVINC.COM Page 5 of 7 FEES A. Fees for Bid Phase and Construction Phase. The City will pay the Engineer for these Basic Services on a time and materials basis in accordance with standard hourly rates for a maximum not to exceed amount 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. 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 a maximum not to exceed amount 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. C. 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 361-883-1984. Sincerely, ,://://fr Logan Burton, P.E. PrincipalNice President LNV, Inc. TBPE Firm No. F-366 Page 6 of 6 Amend. No. 4 801 NAVIGATION I SUITE 300 I CORPUS CHRISTI,TEXAS 78408 Exhibit A OFFICE 361.883.1984 I FAX 361.883.1986 I WWW.LNVINC.COM Page 6 of 7 re • ATTACHMENT 1:SUMMARY FEE TABLE 01/102017-REVISED Construction Budget.$241961 ORIGINAL CONTRACT FEES AMENDED FEES AUTHORIZED FEES CONTRACT A• CONTRACT B' ORIG1NAl PREVIOUS PARTIALDATED TP TASK CONTRACT AMD1 AND 2 AND AND 4 TOTAL AUTHORIZED DATED AND 4 TOTAL UNAUTHOR�D 1050 WRP) (IMWWIP) TOTAL 5/62918 REMAINING FEES roru $,SICSERVICES 1.Preliminary Ph20e• $1,293,283 $620,514 $1,913,797 50 80 50 10 11913.797 51510,703 30 00 51.510.703 $403,094 2.Design Phase• $2,564,148 $1,230,252 $3,794,400 SO 50 SO $0 53,794,400 $0 $708.000 5304.035 81.012835 82.782.305 3.Bid Phase. $71,410 $34,060 $105,470 10 50 10 10 $105.470 SO 30 $30,110 530,110 575.360 4.Construction Phase' $862,552 $414,788 $1,277,340 $0 50 $0 $o $1277,340 $0 50 0383,650 $383,650 $913,860 Subtotal Bask 5.M000 $4,791,393 $2,299,614 $7,091,007 $0 $0 $0 $0 $7,091,007 $1,510,703 $708,000 $697,795 $2,916,4911 $4,174,509 ADDITIONAL SERVICES/ALLOWANCE/ 1.Permitting&Agency Coordin2tion• $129,083 $97,100 $226,183 2140,000 50 $150,900 5110.000 8626.183 $419063 30 5110000 1520093 ' 097,100 2.Topo Survey&Land Acquisition $82,944 $157,066 $240,010 SO $0 SO So $240,010 582944 SO 30 $82.944 $157,988 3.Environmental Issues(TBD( $0 $0 $0 SO 50 SO SO SO SO SO $0 SO SO • 4.Construction Observation Services(TBD) $0 $0 $0 SO So SO SO so so S0 SO SO 30 5.Start-Up&Training. $250,068 $59,008 $309,076 $0 So f0 80 5309.076 SO SO SO 80 8308.076 6.Warranty Phase' $88,086 $24,876 $112,962 50 SO W $O 5112.982 50 SO 10 $0 8112.962 7.SCADA&O&M Documentation• $166,461 $35,220 $201,681 50 50 50 50 $201,981 $0 $O 50 SO 5201881 8.Public Involvement• $12,037 $12,057 $24,094 SO 50 $0 $O $24864 So $0 SO SO $24004 9.Conformed Contract Documents. $82,428 $34,790 $117,218 SO $0 SO SO $157,218 $0 SO $0 SD $117218 10.Exist.Facilities Condition Assessment $295,390 $0 $295,390 ($185,200 10 10 SO 3110.130 50 SO 50 SO $110.130 11.Filtration&UV Disinfection Study $94,358 $0 $94,358 10 50 50 30 $94358 $94350 $0 50 $04,359 10 12.Windstorm Certification' $86,456 $20,904 $107,360 5o 30 50 50 8107.3W $0 SO $70.000 570,000 537.380 13.Peer Review-Coord.&Response. $367,305 $88,068 $455,373 SO ($56,441) $0 00 5398.932 50 SO $0 $0 $398932 14.LMWWTP Decommissioning' $0 $299,840 $299,840 SO 10 SO SO $299,840 $0 10 50 10 5290840 15.Biogas/Natural Gas Onsite Cogen. $152,661 $0 $152,661 30 ($152,881 SO SO 50 50 50 $0 SO SO 16.Oso WRP Energy Audit $271,416 $0 $271,416 SO 50 (5150.000, (5110,000 $11,416 50 $O SO 80 511,418 17.Geotechnical Services $0 $0 $0 835.780 SO 50 50 $35,780 $23,840 $0 51200 $25,040 $10,720 18.Dig 2 Structural Assessment $0 $0 $0 $9,500 SO 50 50 $9500 $9,900 50 SO $0,500 SO 19.Intra-basin Flow Transfer Evaluation $0 $0 $0 50 8137.148 50 50 8137,146 $137,148 SO $0 $137.148 50 20.Dynamic Process Modeling&Evaluation $0 $0 $0 50 571.068 SO SO 571,958 571,958 SO SO $71,056 $0 Subtotal Additional Services $2,078,693 $828,929 $2,907,622 $0 30 SO 30 00,207622 5418,827 30 0181200 51,020,027 31,557,585 TOTAL FEE $6,870,086 G$3,120,5431$9,998,629 SO 80 80 80 00 59,9 ,029 32,809,530 0700,000 5575,695 53,938,525 $6.082,184 uncit MVoTo Admin Admin June e 11. M113-1102 Appowl Alxxowl M NOTES: •Rates have been M®lated to Ire endpoint of conetr115ton for each contract AMENDMENT 4 ATTACHMENTS Amend. No.4 Exhibit A Page 7 of 7