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HomeMy WebLinkAboutC2019-463 - 8/8/2019 - NA • CITY OF CORPUS CHRISTI AMENDMENT NO. 2 to the CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas, hereinafter called "CITY," and Lockwood, Andrews & Newnam, Inc., hereinafter called "CONSULTANT," agree to the following amendment to the Contract for Professional Services for McGee Beach Nourishment- Boat Basin Dredging(Project No. E16321) as authorized and administratively amended by: Original Contract September 11, 2018 M2018-160 $186,100.00 Amendment No. 1 March 15, 2019 Administrative Approval $0.00 IN THE ORIGINAL CONTRACT, EXHIBIT A, SCOPE OF SERVICES, shall be amended to'expand Basic Services: Design Phase Services and Construction Phase Services; and include_ Additional Services: Survey- DMPA Area as shown in the attached Exhibit A. IN THE ORIGINAL CONTRACT, EXHIBIT A, SCOPE OF SERVICES, shall be amended to remove Additional Services: Permitting-Strategy B and Survey- Beach Area as shown in the attached Exhibit A. IN THE ORIGINAL CONTRACT, ARTICLE III - COMPENSATION shall be modified as shown in the attached Exhibit A for an additional fee not to exceed $7,725.00 for a total restated fee not to exceed $193,825.00. All other terms and conditions of the September 11, 2018 contract 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 OF CO- 'R i S • RI-TI LOCKWOOD, ANDREWS &NEWNAM, INC. r if _ ___ ,1.. � . i �' , / 7/31/19 -ff H. Edmonds, P.E. Ste -n A. Gilbreath, P.E. Date Director of Engineering Services 500 North Shoreline Blvd., Suite 905 Corpus Christi, Texas 78401 (361) 882-2257 Office smharris@lan-inc.com APPROVED AS TO FORM 9/(A) 2019.07.31 . _ 11:43:23 -05'00' Legal Department Date Accounting Account Fund Name Unit No. Activity No. Amount Seawall Maintenance 3271-707 550950 E16321-01-3271-EXP $7,725.00 Total $7,725.00 Encumbrance No. SCANNED fl Lockwood,Andrews &Newnam, Inc. A I FO A DALY COMPANY ATTACHMENT A - SCOPE OF WORK E16321 — McGee Beach Nourishment— Boat Basin Dredging Amendment No. 2 A. Task Background - Rincon B West - Dredge Material Placement Area (DMPA) Preparation LAN and the City of Corpus Christi (City) were informed by the PCCA that the traditional DMPA's (located closest to the site) are not available due to upcoming dredging projects by the Port of Corpus Christi Authority (PCCA) and USACE. The PCCA informed LAN and the City there is a non-traditional DMPA site available that may have capacity for both the base and alternate bid dredge volumes known as Rincon B West. Dredge material from the Marina Dredging Project (E16321) is proposed to be placed in the Rincon B West DMPA, which is managed by the Port of Corpus Christi Authority (PCCA). The PCCA has informed the City that this is the only DMPA available to the City for placement of the dredge material from the project. Prior to the City placing dredge material in the placement area, the PCCA requires that the City perform pre-placement site investigation work, which includes performing a survey of the DMPA and preparation of dredge material placement plans with associated specifications. Geotechnical analysis and field sampling will also be required to confirm that tracked equipment can be used on site and the existing soil can support this equipment. It is assumed the dredge material will be placed using mechanical means and the placement process will not require modifications to existing levees. It is understood by LAN, that any geotechnical work will be performed by City's consultant and LAN will provide input to the City for the development of the geotechnical scope of work for this task. B. Task 100 -Task Management LAN will provide project management / controls for tasks listed below. This work will involve general task management duties such as status reporting, scheduling of manpower and project deliverables, staff assignments, internal coordination meetings and quality control based on LAN's pre-established QC program. C. Task 200— Survey Work & Geotechnical Coordination LAN will review existing survey and surface data using readily available LIDAR data in the area and will identified gaps in the survey data. Frontier Surveying, Inc. (FSI) will perform limited topographic survey work in the project area to fill in the gaps in the survey data set identified by LAN. FSI will also perform limited bathymetric survey work of the non-federal Rincon B canal to confirm depths within the channel for future Contractor barge access. Both the Rincon B canal and DMPA are shown below in Figure No.1. Revision: 1 EXHIBIT A 1 of 6 fl Lockwood,Andrews &Newnam,Inc. A LFO A DALY COMPANY 111 RINCON B CANAL RINCON B WEST 1 A i f • ' � / : it 4 ri Google Fgirth t . /'_ t � Figure No.1 LAN will provide coordination services concerning the geotechnical requirements for the DMPA preparation portion of the project. It is assumed the City will select and contract with the geotechnical engineer. LAN will provide the following during this coordination. • Boring plan showing locations of recommended borings. • Provide recommendations in support of the design (in an electronic mail format)for the field exploration. laboratory testing and geotechnical analysis for input into the City prepared scope of work document. D. Task 300— DMPA Placement Plan Development The PCCA requires placement plans to be prepared and submitted for review and approval prior to the placement of dredge material. LAN will create a separate permit submittal package. which will include the placement plans and other required PCCA documents. In support of the construction of the project, LAN will develop placement plans and specifications, which will be included in the 100% submittal for the overall project. The placement plans will detail access areas for the Contractor and the planned approach for placement of dredge material within the Rincon B West DMPA. LAN will perform conceptual cost estimating to determine opinion of probable project cost for the DMPA placement portion of the project during 100%task. This cost will be included in the overall OPCC for the project. Opinions of probable project cost will be made based on LAN's experience and qualifications and represent our judgment as an experienced and qualified professional generally familiar with the industry. However, since we have no control over the cost of labor, materials, equipment, or services furnished by others, or over the Contractor's methods of determining prices, or over competitive bidding or market conditions, LAN cannot and does not guarantee that proposals, bids, or actual project cost will not vary from opinions of probable costs submitted. If the Owner wishes greater assurance as to probable costs consideration should be given to retaining an independent cost estimator. Revision: 1 EXHIBIT A 2 of 6 • • LnLockwood,Andrews &Newnam,Inc. A LFO A DALY COMPANY E. Task 400-Out grant I Permit Application & PCCA Coordination The PCCA requires that an out-grant/ permit application be prepared prior to the placement of dredge material. LAN will assist the City with the preparation of the out-grant / permit application and supply necessary documentation and drawings in support of the application. This portion of the work is already included in LAN's scope of work and no additional fee is requested to support this work. LAN will coordinate with the PCCA through the out-grant / permit application process and assist the City during this process. LAN will facilitate meetings between the PCCA and the City to discuss placement requirements and to conduct a preliminary review of the placement plans. LAN will attend (2) meetings to discuss items pertaining to this amendment. The first meeting will be held at City Hall between LAN, PCCA and the City to discuss the DMPA placement requirements. The second meeting will be held at City Hall between LAN, PCCA and the City to conduct a design review meeting to review the draft placement plan and assumptions. F. Task 500— Construction Phase Services LAN will provide limited construction phase services in support during the placement of dredge material in Rincon B West. LAN will review RFIs and submittals pertaining to this portion of the project. No additional site visits are included in the task. G. Proposal Clarifications • Excludes the following engineering design services: o Geotechnical engineering and field investigations. However, LAN will review the Geotechnical report prepared by the City's Geotechnical Engineer and provide comments to the City. o Excludes fees imposed by the PCCA during the out-grant and permitting process. o LAN will attend (2) meetings pertaining to this task. Revision: 1 EXHIBIT A 3 of 6 fl Lockwood,Andrews &Newnam,Inc. A LEO A DALY COMPANY H. Deliverables The following table summarizes the overall deliverables required during the project. The placement plans will be incorporated into design documents developed for project E16321. All submittals shall include (2) hard copies. List of Engineering Submittals: Submittal Submittal Description: Item: Permitting: Out-Grant& One electronic copy (in PDF format via email) of 11x17 drawings Permit and 8.5 x 11 documents of the package. The submittal will be Application submitted in a draft format for City to review and provide comments. LAN will incorporate comments and issue the final documents to the agency with jurisdiction for review. LAN has included time for one round of review by City of the documents. Incorporated into Project E16321 100% Design One electronic copy (in PDF format via email) of 11x17 drawings and Package 8.5 x 11 documents of the OPPC, Bid Form and Specifications. The submittal includes an Interim 100% deliverable of the project documents for City review. Comments provided by the City will be incorporated into a final project document (Engineer signed /sealed) format ready for the City to issue for bid. LAN has included time for review of the 100% interim project documents. Revision: 1 EXHIBIT A 4 of 6 • Lockwood,Andrews &Newnam,Inc. A LEO A DALY COMPANY I. Schedule The following table summarizes the permitting task schedule and the revised overall project schedule for projects E16318 / E16321. City Project E16321 has been incorporated into E16318. The overall schedule for projects E16318/ E16321 has been revised to include the DMPA placement preparation task. Out-Grant/ DMPA Permit Application Week Weeks Item No Task Description Task Cumulative Project Duration Schedule 1 NTP (Amendment No. 3 Approval) 0 0 2 PCCA Pre-Coordination Meeting 1 1 3 Field Work—Geotechnical + 8 9 Survey 4 Permitting Application Draft 3 12 5 City of Corpus Christi Review 3 15 Period & Preliminary Review w/ PCCA 6 Final Permitting Application 2 17 7 Permit Submittal to PCCA 0 19 8 PCCA Review Period 3 22 Revised Overall Project Schedule Week Weeks Item No Task Description Task Cumulative Project Duration Schedule 1 NTP 0 0 2 Bathymetric and Topographic 5 5 Survey 3 Design Memorandum Draft 8 13 4 City of Corpus Christi Review 3 16 Period 5 Final Design Memorandum 2 18 6 60% Design 8 26 7 City of Corpus Christi Review 3 29 Period 8 DMPA Coordination (PCCA + 16 45 USACE) 9 100% Design Draft- Interim Seal 6 51 10 City of Corpus Christi Review 3 54 Period 11 100% - Engineer Signed/Sealed 2 56 12 USACE Permit Application 12 68 13 PCCA Permit Application 20 88 14 Start of Bid Phase Services 0 88 Revision: 1 EXHIBIT A 5 of 6 IanLockwood,Andrews &Newnam,Inc. A IFO A DALY COMPANY J. Engineering Fee Cost Estimate The following table summarizes the engineering fee cost estimate. Basic Services: Contract Amd No. 1 Amd No. 2 Total Contract Preliminary Engineering $0 $0 $0 $0 60% Design Phase $44,700 $0 $0 $44,700 100% Design Phase $0 $18,710 $48,590 $67,300 Bid Phase $0 $0 $0 $0 Construction Phase $3,540 $0 $4,605 $8,145 Subtotal Basic Services $48,240 $18,710 $53,195 $120,145 Additional Services: Permitting-Strategy A $55,980 $0 $0 $55,980 Permitting-Strategy B* $74,980 -$18,710 -$56,270 $0 Survey- Dredging $5,700 $0 $0 $5,700 Survey- Beach Area* $1,200 $0 -$1,200 $0 Survey- DMPA Area $0 $0 $12,000 $12,000 Subtotal Additional Services $137,860 -$18,710 $-45,470 $73,680 Summary of Fees: Basic Services Fees $48,240 $18,710 $53,195 $120,145 Additional Services Fees $137,860 -$18,710 -$45,470 $73,680 Total of Fees $186,100 $0 $7,725 $193,825 *(Requires Written Authorization) Revision: 1 EXHIBIT A 6 of 6 Sample form for: Payment Request COMPLETE PROJECT NAME 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 O & 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). um d x cc 3 m iT 000 • EXHIBIT C Insurance Requirements 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. The City must be listed as an additional insured on the General liability and Auto Liability policies, and 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 Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises— Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury-Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased 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 1 Rev 04/17 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 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 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of,the named insured performed under contract with the City with the exception of the professional liability/Errors & Omissions policy; 1.6.2 Provide for an endorsement that the"other insurance"clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.6.3 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; 1.6.4 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 2 Rev 04/17 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. 3 Rev 04/17