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HomeMy WebLinkAbout08409ORDINANCE NO. 8409 AN ORDINANCE APPROVING AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE BLACK & VEATCH CORPORATION, A DELAWARE CORPORATION, AND BUDGETING AND APPROPRIATING AN ADDITIONAL AMOUNT OF $1,800,000 FOR ADDITIONAL PROFESSIONAL SERVICES TO PERFORM FACILITY DESIGN AND CONSTRUCTION MANAGEMENT SERVICES FOR THE AMMONIA REMOVAL PROJECT AT THE JAMES R. DIIORIO WATER RECLAMATION FACILITY WHEREAS, on May 15, 2009 the City of Pueblo’s Wastewater Department entered into an engineering design agreement with Black & Veatch corporation for design and permitting of an ammonia removal project at the James R. DiIorio Water Reclamation facility; and WHEREAS, the realm of responsibilities and duties of Black & Veatch have increased, creating a need for an amendment to the original agreement to be made; and WHEREAS, additional funds, in the amount of $1,800,000, need to be appropriated to cover these additional professional services to be performed by Black & Veatch. BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Amendment No. 1 to the Agreement between the City of Pueblo and Black & Veatch Corporation, a true copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. Funds in the amount of $1,800,000 are hereby budgeted and appropriated to the James R. DiIorio Water Reclamation Facility’s Ammonia Removal projects WWL01A through WWL02A from the Sewer User Fund Reserves for said project. SECTION 3. This Ordinance shall be effective immediately upon final passage and approval. INTRODUCED November 14, 2011 BY: Chris Kaufman COUNCILPERSON PASSED AND APPROVED: November 28, 2011 Background Paper for Proposed ORDINANCE DATE: November 14, 2011 AGENDA ITEM # Q-11 DEPARTMENT: WASTEWATER DEPARTMENT GENE MICHAEL, DIRECTOR TITLE AN ORDINANCE APPROVING AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE BLACK & VEATCH CORPORATION, A DELAWARE CORPORATION, AND BUDGETING AND APPROPRIATING AN ADDITIONAL AMOUNT OF $1,800,000 FOR ADDITIONAL PROFESSIONAL SERVICES TO PERFORM FACILITY DESIGN AND CONSTRUCTION MANAGEMENT SERVICES FOR THE AMMONIA REMOVAL PROJECT AT THE JAMES R. DIIORIO WATER RECLAMATION FACILITY ISSUE Should City Council approve an amendment to an existing agreement with Black & Veatch Corporation to perform facility design and construction management services on the ammonia removal projects WWL01B through WWL02A at the James R. DiIorio Water Reclamation Facility and budget and appropriate an additional amount of $1,800,000 for construction for the Ammonia Removal projects? RECOMMENDATION Approval of this Ordinance. BACKGROUND On April 13, 2009, City Council approved Resolution No. 11583 awarding a professional services agreement in the amount of $4,500,000 to Black & Veatch Corporation to perform facility design and construction management services for the Ammonia Removal Project at the James R. DiIorio Water Reclamation Facility. As the project has progressed it has become apparent that additional work is needed from Black & Veatch. An increase of $1,800,000 will need to be appropriated for this work. FINANCIAL IMPACT The additional $1,800,000 will be taken from the Sewer User Fund reserves. AMENDMENT NO 1 TO AGREEMENT FOR PROFESSIONAL SERVICES THIS AMENDMENT NO 1 TO AGREEMENT FOR PROFESSIONAL SERVICES for Project No. 09 -032, FY2009 Ammonia and Nutrient Removal at the James Dilorio Water Reclamation Facility, is made and entered into this 14 day of November, 2011 by and between the City of Pueblo, a Municipal Corporation (hereinafter referred to as "Client ") and the Black and Veatch Corporation (hereinafter referred to as "Contractor ") WHEREAS, Contractor and Client have heretofore entered into an Agreement dated April 13, 2009 (hereinafter "Agreement ") wherein Contractor agreed to render certain professional and technical services in accordance with the terms of that Agreement; and NOW, THEREFORE, in consideration of the foregoing and the mutual terms and conditions set forth herein, the parties agree as follows 1 The agreement is amended by adding Scope of Work elements for Task 1, Site Dewatenng, Task 2, Treatment Works, Task 3, Lift Station Upgrades, and Task 4, Solar Photovoltaic Array, and any additional work as described in the attached Amended Scope of Work for the Ammonia and Nutrient Removal at the James Dilorio Water Reclamation Facility 2 Compensation payable to Consultant, as set forth in Section 3(a) of the Agreement is increased by $679,398, computed as set forth in Schedule 2 of the Agreement. 3 Except as expressly modified by this Amendment No 1, the Agreement shall remain in full force and effect. Except as expressly modified, any obligations remaining to be performed under the original Agreement by any party are not waived or excused in any manner, but shall be fully performed in accordance with the terms and conditions of the Agreement as it existed prior to this Amendment No 1 IN WITNESS WHEREOF, Contractor and Client have executed this Amendment No 1 to Agreement for Professional Services Black & Veatch Corporation By' )Li Shawn D LaBonde Associate Vice President CITY OF PUEBLO City erk Counc 1 Pre d ent Amended Scope of Work Project No. 09 -032, FY2009 Ammonia and Nutrient Removal at the James Dilorio Water Reclamation Facility The following additions are made to the Scope of Work: TASK 1 Additional Scope of Work for Section 1, Site Dewatering a. Test Well Pumping Subcontract Consultant will subcontract with an appropriately qualified firm to conduct step and extended duration pump testing of existing dewatering wells to acquire additional subsurface hydrogeologic data to better define aquifer charactenstics and well design parameters b Design Report: Based on additional hydrogeologic data, Consultant will prepare a design report to describe the characteristics of a dewatermg system adequate to lower the groundwater table temporarily so secondary clarifier maintenance can be performed without damaging uplift to the basins. c Design Site Dewatering Wells. Prepare a new set of drawings and specifications suitable for construction of the dewatering system. d. Colorado Division of Water Resources Permitting Consultant will assist Client as needed to secure well operating permits from the Colorado Division of Water Resources Permitting for the dewatenng system, included but not limited to contact with Colorado Division of Water Resources Permitting staff, preparation of required forms and reports, and hydrogeologic modeling TASK 2 Additional Scope of Work for Section 3, Treatment Works a. Construction Management. Consultant will provide the services of a senior Resident Engineer throughout the completion of the project to carry out construction management duties. b Additional Meetings Consultant will provide staff support for up to 294 additional hours to facilitate meetings with Client, contractors and subcontractors to ensure adequate coordination to maintain the project schedule c Shop Drawing Review Consultant will provide staff support for up to 310 additional hours for reviewing and providing comments on shop drawings from consultants to assure project workability and constructability d. Electrical System Improvements. Consultant will provide up to 256 hours of staff support from an electrical engineer to assist Client, contractors and subcontractors with troubleshooting problems with the existing treatment plant electrical system, assist with conduit routing, provide additional electrical inspections, and perform other tasks as needed to assist with the electrical work associated with the project. TASK 3 Additional Scope of Work for Section 4 Lift Station Upgrades Consultant will provide staff time from the Resident Engineer and an electrical engineer to assist with warranty issues related to upgrading the control systems for four sanitary sewer lift stations. TASK 4 Additional Scope of Work for Section 6. Solar Photovoltaic Array Consultant will provide up to 140 hours of staff support from an electrical engineer to assist Client in managing the change in electrical subcontractors, research regarding the "Buy American" requirements of the American Recovery and Reinvestment Act of 2009, assist with the development of an Operation and Maintenance Manual, and other assistance as required.