HomeMy WebLinkAboutC2019-033 - 2/1/2019 - NA CITY OF CORPUS CHRISTI
AMENDMENT NO. 1 to the
CONTRACT FOR PROFESSIONAL SERVICES
The City of Corpus Christi, Texas, hereinafter called "CITY," and Lockwood, Andrews & Newnam,
Inc., hereinafter called "ENGINEER,"agree to the following amendment to the Contract for Professional
Services for Greenwood Wastewater Treatment Plant Electrical Improvements to Ultraviolet System
(Project No. E10180) as authorized and administratively amended by:
Original Contract January 16, 2018 M2018-008 $537,441.00
IN THE ORIGINAL CONTRACT, EXHIBIT A, SCOPE OF SERVICES, shall be modified as shown in
the attached Exhibit A.
IN THE ORIGINAL CONTRACT, COMPENSATION shall be modified as shown in the attached Exhibit
A for an additional fee not to exceed $39,395.00 for a total restated fee not to exceed $576,836.00.
All other terms and conditions of the January 16, 2018 contract between the "CITY" and "ENGINEER"
and of any amendments to that contract which are not specifically addressed herein shall remain in full
force and effect.
CITY OF COR'US HRISTI LOCKWOOD, ANDREWS & NEWNAM,
INC.
"V,' //1 it " ,
Keith Selman Steven '. Gilbreath, P.E. Date
Interim City Manager Associate
500 N. Shoreline Boulevard, Suite 905
Corpus Christi, TX 78401
(361) 882-2257 Office
SMHarris@Ian-inc.com
RECOMMENDED
` )/ C 0/`-9/t,
Mark Van Vleck to
i
Assistant City Ma age'
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111460-' ' . I) Jfl V "
Va -re H. Gray P,E. Date
Executive Dir- • .f ' blic`W•'s
LLAL•p 4 / 3 /'
Jeff H. Edmonds, P.E. late
firirtnr of Fnnineerina Services
C2019-033
2/01/19
Lockwood Andrews & Newnam
SiANNFfl
APPROVED AS TO FORM
if 2019.01.28
15:34:12 -06'00'
Legal Department Date
ATTEST
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Reb cca Huerta
City Secretary
Accounting
Fund Name Unit Account No. Activity No. Amount
Wastewater 2015 4254-064 550950 E10180-01-4254-EXP $39,395.00
Total $39,395.00
Encumbrance No.
AMD. NO. 2
Page 2 of 2
fl Lockwood,Andrews
&Newnam,Inc.
A LEO A DALY C0'IPANY
December 26, 2018
Mr. Jeff H. Edmonds, P.E.
Director of Engineering Services
City of Corpus Christi
1201 Leopard Street
Corpus Christi, Texas 78401
Reference: Amendment 1 to Greenwood WWTP Electrical Improvements to the UV Equipment
(Project No. E10180)
Dear Mr. Edmonds:
LAN respectfully requests that the City consider an amendment to our professional services agreement for
the Greenwood WWTP Electrical Improvements to the UV System Project (E10180). The purpose of this
amendment is to increase our compensation for additional design and bid phase services requested by City
staff.
Additional Survey / Site Visit to Collect Historic Flood Elevation Data
During the City's A/E coordination meeting for Greenwood WWTP projects on June 21st, 2018 it was
discussed that additional topographic survey would be collected to verify historic flood elevations. This
additional field work was not part of LAN's original scope of work and was completed on July 1st, 2018.
This additional field work was necessary to evaluate the design elevations of the proposed improvements.
Additional Coordination with Geotechnical Engineer
During the City's A/E coordination meeting for the Greenwood WWTP's projects on June 21't, 2018, it was
discussed that LAN would need to coordinate for additional geotechnical services from Tolunay Wong
Engineer's (TWE). The purpose of this request was that TWE provided geotechnical services previously
for the adjacent channel excavation project but the scope of work for their investigation did not include
recommendations for LAN to design mat slab foundations and other components specific to the UV and
Filter improvements. As a result, LAN had to provide additional coordination with TWE above and beyond
that expected in our original contract.
Additional Testing to support UV Equipment design
During completion of the Preliminary Engineering Report(Nov 2015) and during negotiations for our final
design contract, LAN did not anticipate the need for additional testing to size the equipment. After
consultation with Suez Treatment Solutions, Inc., manufacturer of the proposed UV equipment, it was
recommended by them to have a Collimated Beam Test performed to verify the dosage and number of UV
modules. This additional testing has been completed but was not part of our original scope of work.
Re-evaluation of UV Equipment Selection
On October 23r°, 2018, during the review of LAN's Basis of Design Report, the City of Corpus Christi
requested justification for the recommendation for the UV equipment with a cost analysis and comparison
of the other"products"(3 previous options). Because of this request, LAN had to re-evaluate the results
of the Preliminary Engineering Report(PER) that was completed in 2015, contact vendors, collect updated
cost data, and provide written justification for our previous decisions. This re-evaluation was not part of
our design scope of work.
S00 N.Shoreline 3WC.Suite 905 • Corpus Christi,Texas 78401 • 361.882.2257 • www.an-mc.com
EXHIBIT A
Page 1 of 6
Greenwood WWTP Electrical Improvements to the UV System Project(El 0180)
Amendment 1
January 17,2019
Page 2
Additional Meetings / Coordination with other A/E protects
Shortly after receiving notice to proceed for this project, City staff asked LAN to participate in additional
meetings to coordinate with other consultants who are completing projects at the Greenwood WWTP. In
support of Preliminary and 60% design, LAN has already participated in the following meetings:
1. April 13th—Kick/off meeting(included in Scope of Work)
2. May 16th —A/E Coordination meeting (not included in Scope of Work)
3. June 21st—A/E Coordination meeting (not included in Scope of Work)
4. August 7th—Site Visit(included in Scope of Work)
5. August 7th—Progress Meeting with Utilities staff(not included in Scope of Work)
6. September 12th—A/E Coordination meeting (not included in Scope of Work)
7. October 23rd—BOD Review meeting (included in Scope of Work)
Based on the above, LAN anticipates four (4) additional coordination meeting with City staff and other
project consultants during the completion of this project. In summary, a total of eight (8) additional
meetings are either completed or expected as part of this project and not included in our original scope of
work.
Alternate UV Equipment Approach
On December 10, 2018, LAN met with you and the Utilities Department Director to discuss the approach
to bidding this project to ensure the bid process was fair to alternate vendors/manufacturers of UV
equipment since the design that LAN is providing is solely based on the Ozonia Aquaray 3X UV system.
In a memo dated December 20, 2018 (see Attached), we provided an expanded explanation of this
approach and on that same day you asked us to include the additional fees related to these services in
this Amendment. The additional services associated with this approach are:
Design Phase Services
1. 90% Submittal -Modify City Standard Specification Sections 00-21-13, 00-30-00, 00-30-01 (Bid
Form), 00-45-16, 00-52-23,00-73-00, 01-23-10, and 01-35-00.
2. 90% Submittal—Develop proposed new Specification 00-45-99 (Alternate UV System Form)
3. 90% Submittal—Other Front-end Document Modifications not listed above
4. 90% Submittal—Develop proposed new Performance Specification for Alternate UV system.
5. 100% Submittal — Review and revise the above items based on comments received from the
City following 90% submittal.
6. Final IFB Submittal - Review and revise the above items based on comments received from the
City following 100%submittal.
Bid Phase Services
7. Additional pre-bid meeting efforts—discuss alternate UV design requirements.
8. Bidder Q&A and Addenda efforts related to alternate UV system
Summary
We respectfully request that the City consider an amendment to our professional services agreement for
the Greenwood WWTP Electrical Improvements to the UV System Project(E10180). LAN is proposing a
total additional fee of$39.395.00 for Amendment #1,a total restated contract fee of$576,836.00.
EXHIBIT A
Page 2 of 6
Greenwood WWTP Electrical Improvements to the UV System Project(E10180)
Amendment 1
January 17,2019
Page 3
A summary of the additional manhours and fees is included in the tables below:
Subs Total Cost
Pro)Mgr Sr CM Eng IV Eng II Intern Tech
Topographic Survey/Ste Visit+
1. Equipment 1 0 4 4 0 8 $500 . $2,515
2. Coordination w/Geotechnical Engineer 1 0 4 0 0 2 $929
3. Testing to Support UV Design 1 0 8 12 4 2 $5,200 ' $8,153
Re-evaluatbn of UV Equpment
4. Selection 1 0 12 2 2 0 $2,078
5. Addtbnal Meetngs(8) 12 0 0 0 0 0 $2,280
Atemate W Equipment Approach
6. Design Phase Svcs 8 80 0 0 0 0 $17,520
Akemate UV Equipment Approach Bid
7. Phase Svcs 8 22 0 0 0 0 $5,920
Subtotal 32 102 28 18 6 12 $5,700 $39,395
TOTAL HOURS I UNITS: 32 102 28 18 6 12
TOTAL COSTS: $6,080 $20,400 $3,584 $1,818 $450 $1,363 $5,700 $39,395 ,
Basic Services: Original Amend 1 Total Contract
Contract
Task 1-Preliminary Phase Services $212,077.00 $212,077.00
Task 2-60%Design Services $105,276.00 $105,276.00
Task 3-90%Design Services $63,107.00 $33,475.00 $96,582.00
Task 4-100%Design Services $38,755.00 $38,755.00
Task 5-Bid Phase Services $18,356.00 $5,920.00 $24,276.00
Task 6-Construction Phase Services $74,870.00 $74,870.00
Subtotal Basic Services $512,441.00 $39,395.00 $551,836.00
Additional Service!:
Permit Preparation $15,000.00 $15,000.00
Warranty Phase $10,000.00 $10,000.00
Summary of Fees
Basic Services Fees $512,441.00 $551,836.00
Additional Services Fees $25,000.00 $25,000.00
Total of Fees $537,441.00 $576,836.00
EXHIBIT A
• Page 3 of 6
Greenwood WWTP Electrical Improvements to the UV System Project(E10180)
Amendment 1
January 17,2019
Page 4
Additional Considerations regarding Alternate UV System Approach
The scope and fees above(Items 1-8) related to ensuring the bid process is fair to Contractors who choose
alternate UV equipment is specifically for revising the bid documents to include the alternate approach. If
the Contractor chooses to submit an alternate design, LAN will have additional time and fee's associated
with reviewing the contractors submittal under the proposed new specification 00-45-99 — Alternate UV
System. This scope and fee is excluded at the time of this proposal because it may not be required. If it
becomes required as part of the construction phase, it is our intention to provide an additional proposal for
those services. At this time, we are estimating an additional 70 hours of time associated with this but we
will prepare a detailed man-hour estimate when the need arises.
We respectfully request that the City consider an amendment to our professional services. Should you have
any questions or require additional information, please contact me directly at 361-792-7225.
Sincerely,
Scott M. Harris, P.E.
Associate, Regional Manager
Copy: Pablo Martinez, P.E.
Attachment: Proposed UV System Alternate Bid Item Approach versus Sole Source Approach Letter,
dated December 20, 2018.
EXHIBIT A
Page 4 of 6
ATTACHMENT 1, Page 1 of 2
Ian Lockwood,Andrews
&Newnam, Inc.
A LEC) A DALY COMPANY
December 20,2018
Pablo Martinez, P.E.
Project Manager, Engineering Department
City of Corpus Christi
1201 Leopard St., Corpus Christi,Texas 78401
Subject: Greenwood Wastewater Treatment Plant Electrical Improvement to
Ultraviolet System (Project No. E10180)
Proposed Ultraviolet(UV)System Alternate Bid Item Approach Versus Sole Source Approach
Dear Mr. Martinez:
For the City's review and approval please note the following expanded explanation of the alternate UV
system bid item approach LAN briefly described and recommended in the December 10`h meeting with
the City. This proposed alternate UV system bid item approach is in lieu of the sole source approach used
on the City's Whitecap UV system project.
The Contract Documents will be modified where applicable to indicate that the Base Bid Pay Items in the
Bid Form and the Contract Documents are based around the design and procurement of the Aquaray 3X
UV system manufactured by Ozonia. The Contractor awarded the project will be contractually required
to provide the Aquaray 3X UV system, unless they declare otherwise in a proposed new Bid document
called Section 00 45 99—Alternate UV System Form (see attached for concept of what would be included
in this proposed new bid document). The"Invitation to Bid and Instructions to Bidders"will indicate that
other alternate pre-approved UV systems will be considered, but they will only be considered at Bid time,
but only if the Bidder declares it by properly executing the proposed new document and include a lump
sum amount in the Bid Form for the Alternate UV System Bid Item.
The lump sum amount for the Alternate UV System in the Bid Form will reflect the net cost difference
between providing the Base Bid Aquaray 3X UV system manufactured by Ozonia,versus providing one of
the alternate pre-approved UV systems. The net cost difference can be an increase, decrease or no net
change in the total sum of all Base Bid Pay Items. The Alternate UV System lump sum bid item shall cover
ALL costs associated with using one of the alternate pre-approved UV systems, including but not limited
to the cost for the Contractor to hire a consultant design team of professional engineers to redesign the
civil, structural, mechanical, electrical, etc. systems, and the associated material, labor and equipment
costs to provide the alternate UV system. The Contractor's design team will be required to concurrently
submit revised drawings, calculations and all submittals(signed and sealed by a TX PE).
The contract documents will be modified to indicate no claims for any added costs or time extensions will
be considered for any and all issues associated with the Contractor's redesign of the UV system, including
any issues that may not be discovered until late in the project, including after substantial completion.
If the Contractor declares they will redesign around an alternate UV system, then we recommend a two
phased approach,with Phase 1 being 120-calendar days for redesign. In Phase 1 the Contractor would be
issued a partial Notice to Proceed (NTP) that only authorizes them to proceed with the redesign effort,
including providing all submittals (product data and shop drawings) including submittals for everything
Page 1 of 2
500 No Shoreline Boulevard.Suite 905• Corpus Christi.TX 78401 • Phone 361 882 2257 • Fax.NIA • www tan-mc.com
EXHIBIT A
Page 5 of 6
ATTACHMENT 1, Page 2 of 2
Ian Lockwood, Andrews
&Newnam, Inc.
A LEO A D.4LY COMPANY
else unrelated to the redesigned UV system. The Contractor will not be authorized to mobilize on site or
proceed with any construction nor procurement efforts until the Phase 2 NTP is issued. The only progress
payments in Phase 1 would be for bonds/insurance, payments for the redesign effort, and a partial 25%
mobilization payment to proceed with all submittals,including all submittals unrelated to the UV redesign.
Liquidated damages might also be considered if the interim Phase 1 milestone is not achieved.
The two phased approach along with the recommended modifications to the Bid and Contract Documents
should help prevent the Bidders from "gaming" or manipulating the bids in an unfair manner. For
example, avoid "bait and switching" where Bidders declare they will provide one of the alternate pre-
approved UV systems and Bidder provides a significant credit in the Alternate UV System lump sum bid
item in order to be the low bidder,then if awarded the contract,attempts to provide the Base Bid Aquaray
3X UV system, at the higher base bid price without the significant credit for the Alternate UV System. In
this scenario the City would consider the Contractor to be in default if the Contractor refused to provide
the Alternate UV System the Contractor declared at Bid time. The City might consider modifying the
language to increase the duration all Bidders would honor their bids,so the City and Surety might be able
to select the next lowest responsive Bidder(after they terminate the first).
This alternate approach will require the modification and proposed addition of the documents listed
below (and possibly modifications to other documents). See attachments for partial copies of these
documents for preliminary/conceptual description of the proposed modifications.
- Section 00 21 13—Invitation to Bid and Instructions to Bidders
- Section 00 30 00—Bid Acknowledgement Form
- Section 00 30 01—Bid Form
- Section 00 45 16—Statement of Experience
- Section 00 45 99—Alternate UV System Form (Proposed new document)
- Section 00 52 23—Agreement
- Section 00 73 00—Supplementary Conditions
- Section 01 23 10—Alternates and Allowances
- Section 01 35 00—Special Procedures
If this proposed alternate UV System Bid Item approach is acceptable, then we will submit a proposed
amendment to LAN's agreement for the additional services associated with this alternate approach.
These additional services will include,but not be limited to,working with the City on the proposed changes
to the front-end documents,evaluation of Bidder's qualifications and proposed redesign teams,additional
design coordination meetings, significant effort to review Contractor's proposed redesign submittals,
update of the asbuilt CAD files, and etc.
Please do not hesitate to contact me should you have any questions or comments.
Sincerely,
John'Montalvo
Associate, Senior Construction Manager
cc:John Byrum,Daniel Deng,Scott Harris,Paul Wood,Andy Vigstol
Page 2 of 2
500 No Shoreline Boulevard,Suite 905• Corpus Christi TX 78401 • Phone 36 t 582 2257 • Fax NIA • tvwu lan-inc corn
EXHIBIT A
Page 6 of 6
Sample form for:
COMPLETE PROJECT NAME Payment AE Contract
Project No. XXXX Revised 02/01/17
Invoice No. 12345
Invoice Date 01/01/2017
Total Current Previous Total Remaining Percent _
Basic Services: Contract Amd No. 1 Amd No. 2 Contract Invoice Invoice Invoice Balance Complete
Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0%
Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0%
Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00_ $0.00 $0.00 $750.00 0.0%
Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0%
Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3%
Additional Services:
Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0%
Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0%
Inspection $0.00 $0.00 $1,627.00_ $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0%
Platting Survey TBD TBD TBD_ TBD TBD_ TBD TBD TBD TBD
0 & M Manuals TBD TBD TBD TBD TBD TBD TBD __ TBD TBD
SCADA TBD TBD TBD TBD TBD TBD TBD TBD TBD
Subtotal Additional Services $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5%
Summary of Fees:
Basic Services Fees $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3%
Additional Services Fees $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5%
Total of Fees $8,000.00 $2,120.00 $2,877.00 $12,997.00 $1,500.00. $1,500.00 $3,000.00 $9,997.00 23.1%
Notes:
If needed, update this sample form based on the contract requirements.
If applicable, refer to the contract for information on what to include with time and materials (T&M).
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EXHIBIT C
Insurance Requirements
Pre-Design, Design and General Consulting Contracts
1.1 Consultant must not commence work under this agreement until all required
insurance has been obtained and such insurance has been approved by the City.
Consultant must not allow any subcontractor to commence work until all similar insurance
required of any subcontractor has been obtained.
1.2 Consultant must furnish to the Director of Engineering Services with the signed
agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements
showing the following minimum coverage by an insurance company(s) acceptable to the
City's Risk Manager. A waiver of subrogation is required on all applicable policies.
Endorsements must be provided with COI. Project name and or number must be
listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, Bodily Injury and Property Damage
required on all certificates or by Per occurrence - aggregate
applicable policy endorsements
PROFESSIONAL LIABILITY $1,000,000 Per Claim
(Errors and Omissions)
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 insured.
1.3 In the event of accidents of any kind related to this agreement, Consultant must
furnish the City with copies of all reports of any accidents within 10 days of the accident.
1.4 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- VII. Consultant is
required to provide City with renewal Certificates.
1.5 In the event of a change in insurance coverage, Consultant shall be required to
submit a copy of the replacement certificate of insurance to City at the address provided
below within 10 business days of said change. Consultant shall pay any costs resulting
1 Rev 04/17
Exhibit C
Page 1 of 2
•
from said changes. All notices under this Article shall be given to City at the following
address:
City of Corpus Christi
Attn: Engineering Services
P.O. Box 9277
Corpus Christi, TX 78469-9277
1.6 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:
1.6.1 If the policy is cancelled, other than for nonpayment of premium,
notice of such cancellation will be provided at least 30 days in advance of
the cancellation effective date to the certificate holder;
1.6.2 If the policy is cancelled for nonpayment of premium, notice of such
cancellation will be provided within 10 days of the cancellation effective date
to the certificate holder.
1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of
coverage, Consultant shall notify City of such lapse in coverage and 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.
1.8 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 withhold any payment(s) if any, which
become due to Consultant hereunder until Consultant demonstrates compliance with the
requirements hereof.
1.9 Nothing herein contained shall be construed as limiting in any way the extent to
which Consultant may be held responsible for payments of damages to persons or
property resulting from Consultant's or its subcontractor's performance of the work
covered under this agreement.
1.10 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 agreement.
1.11 It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
2 Rev 04/17
Exhibit C
Page 2 of 2