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HomeMy WebLinkAbout0681192,02 AN ORDINANCE APPROVING SUPPLEMENTAL AGREEMENT NO. 2 TO THE AGREEMENT FOR PROFESSIONAL SERVICES DATED MARCH 28, 2001, IN THE AMOUNT OF $461,760 WITH CONTINGENCIES OF $23,088, BETWEEN THE CITY OF PUEBLO AND BLACK & VEATCH CORPORATION FOR CONSTRUCTION INSPECTION AND ADMINISTRATIVE SERVICES ASSOCIATED WITH THE HEADWORKS RENOVATION PROJECT AT THE WASTEWATER TREATMENT PLANT, AND APPROPRIATING FUNDS FROM THE SEWER USER FUND FOR PAYMENTS THEREOF BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Supplemental Agreement No. 2 to the Agreement for Professional Services dated March 28, 2002, a copy of which is attached hereto and made a part hereof, after having been approved as to form by the City Attorney, by and between Pueblo, a Municipal Corporation, and Black & Veatch Corporation, is hereby approved. SECTION 2. Funds for said construction inspection and administrative services are hereby authorized and appropriated for said purpose from reserves within the Sewer User Fund. SECTION 3. The President of the City Council is hereby authorized to execute said Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest the same. INTRODUCED: April 8, 2002 BY: Al Gurule UNCILPERSON APPROVE �� (! IL ? , CL— PRESIDENT OF CITY COUNCIL ATTESTED BY: 1 W - 1-01 V - WE- i CLE PASSED AND APPROVED: April 22, 2002 3 L) 'A, Background Paper for Proposed ORDINANCE AGENDA ITEM # DATE: April 8, 2002 DEPARTMENT: WASTEWATER Gene Michael TITLE AN ORDINANCE APPROVING SUPPLEMENTAL AGREEMENT NO. 2 TO THE AGREEMENT FOR PROFESSIONAL SERVICES DATED MARCH 28, 2001, IN THE AMOUNT OF $461,760, WITH CONTINGENCIES OF $23,088, BETWEEN THE CITY OF PUEBLO AND BLACK & VEATCH CORPORATION FOR CONSTRUCTION INSPECTION AND ADMINISTRATIVE SERVICES ASSOCIATED WITH THE HEADWORKS RENOVATION PROJECT AT THE WASTEWATER TREATMENT PLANT, AND APPROPRIATING FUNDS FROM THE SEWER USER FUND FOR PAYMENTS THEREOF. ISSUE Should the City Council approve Supplemental Agreement No. 2 to the agreement for Professional Services dated March 28, 2001, with Black & Veatch Corporation for construction, inspection and administrative services related to the renovation of the Headworks Facility at the City's wastewater treatment plant? RECOMMENDATION Approval of this Ordinance. BACKGROUND On April 23, 2001, the City awarded a contract to Black & Veatch Corporation to design improvements to the Headworks Facility at the City's Wastewater Treatment Plant. These improvements include the following features: • A new influent diversion structure; • New gates for controlling influent flows; • Additional pumps; • New screens, flow meters and grit removal equipment, and • A new electrical control room. The design of this project has now completed and bids have been solicited for construction. Another ordinance awarding a construction contract to Glacier Construction Company, Inc., appears on this same City Council agenda. This ordinance will approve Supplemental Agreement No. 2 to Black and Veatch Corporation for construction inspection and administration services. A copy of the agreement and a cost breakdown are attached for your information. The estimated cost for construction services is greater than was originally anticipated. During the design process, the scope and complexity of the project were changed by several factors: • A higher water table than expected requires greater oversight of the initial phase of construction; • Retaining walls and thicker foundations were required to protect the new facility against groundwater; • Micro - turbine generators were added to reduce the risk of overflows caused by power failures; • A new receiving station was added for dumping septic tank liquids to reduce the likelihood of sanitary sewer overflows and to make the facility more efficient for receiving wastes from haulers; • Equipment was added to remove grit more efficiently; • Screening equipment was modified to accommodate the new layout; • Electrical ductwork was relocated to accommodate the new layout; and • The duration of construction was increased from 12 months to 18 months as a result of these changes. This increased complexity of the project creates a need for a full -time resident inspector during construction, rather than part time as originally contemplated. The six -month increase in the duration of the construction project also increases project management costs. Supplemental Agreement No. 2 increases the project administration and resident inspection elements of the construction management phase of the original agreement to supply the increased oversight. FINANCIAL IMPACT Funds for said professional services shall be paid from the Sewer User Fund. SUPPLEMENTAL AGREEMENT NO.2 TO THE AGREEMENT FOR PROFESSIONAL SERVICES DATED MARCH 28, 2001 The Agreement for Professional` Services between the City of Pueblo, Colorado (Client) and Black & Veatch Corporation (Consultant), dated March 28, 2001, is revised as follows. The effective date of Supplemental Agreement No. 2 shall be April 29, 2002. SECTION 1. GENERAL SCOPE OF SERVICES Consultant shall satisfactorily perform the additional professional services described in Schedule 2- 1, which is attached hereto and incorporated into the "Basic Services" described in the original agreement. All other provisions of SECTION 1 remain unchanged and in effect. SECTION 2. CONSULTANT'S RESPONSIBILITIES This section remains unchanged and in effect. SECTION 3. FEES FOR SERVICES; PAYMENT The prior maximum sum of $191,274.00 is hereby increased by $461,760.00, as set forth in Schedule 2 -2. This adjustment increases the top limit to $653,034.00, including construction phase services. All other provisions of SECTION 3 remain unchanged and in effect. SECTIONS 4 THROUGH 11 All of these sections remain unchanged and in effect. IN WITNESS WHEREOF, the parties hereto have made and executed this Supplemental Agreement No. 2 as of the day and year written above. CITY OF PUEBLO, A MUNICIPAL CORPORATION By: President of the City Council Attest SA -2- 1 By: ck & Veatch Corporation Name: Title: Wl�ii - �•� gaimee eAppropriate Funds are Available By: ; A & ] — Director of Finance Approved as to Form: By: ?/a City Attorney SA -2- 2 SCHEDULE 2 -1 ADDITIONAL PROFESSIONAL SERVICES FOR SUPPLEMENTAL AGREEMENT No. 2 BASIC SERVICES (Scope of Work) Client: City of Pueblo, Colorado (a.k.a. "City ") Consultant: Black & Veatch Corporation (a.k.a. "Engineer ") Project: Headworks Renovation and Secondary Clarifier Repair OVERVIEW This attachment details the services to be provided by Engineer and associated fee during construction of the Project. Construction phase services are divided into the following general categories: • Project Administration Services. • Resident Project Representative (RPR) Services. • Operation and Maintenance (O &M) Manual • Supplemental Services Note that the scope and fee for construction phase engineering services are premised on the following assumptions: • The Notice -of -Award to the Contractor will be made during April 2002 and substantial completion of all work will be achieved by October 2003. This results in an active construction period of 78 weeks. It is assumed that the Contractor will work continuously during this period, without any weather - related or other shutdowns of more than 2 weeks in duration. The Contractor will have until March 2004 to achieve final completion of all remaining work, such as landscaping and other items that do not impact the capacity or operation of the WWTP. The Contractor will work intermittently after substantial completion, and the scope and fee of engineering services will be extended by a future supplemental agreement to cover that additional period. • The Engineer's project administration services will be continuous from Notice -of- Award through substantial completion of all work (i.e. for the entire 78 -week active construction period noted above). The Engineer will visit the construction site approximately every two weeks through substantial completion of all work. Therefore, a total of 39 construction site visits have been included in the construction phase engineering services budget. SA -2- 3 The services of the RPR are budgeted for a period that begins two weeks after the Notice -of -Award is issued and ends at substantial completion of all work, which is scheduled for October 2003. This results in 78 weeks of budgeted time for the RPR, excluding vacation time. It is also assumed the RPR will work 40 hours per week, resulting in a maximum of 3120 hours of inspection time for the chief RPR. A. PROJECT ADMINISTRATION. Engineer will perform project administration services during the construction phase of the project. By performing these services, Engineer shall not have authority nor responsibility to supervise, direct, or control the Contractor's work or the Contractor's means, methods, techniques, sequences, or procedures of construction. Engineer shall not have authority or responsibility for safety precautions and programs incident to the Contractor's work or for any failure of the Contractor to comply with laws, regulations, rules, ordinances, codes, or orders applicable to the Contractor furnishing and performing the work. To the limit of the hours provided for in the engineering agreement, Engineer shall have the responsibility for inspecting the quality, quantity, amount and progress of the Contractor's work, and to provide Owner with timely notifications and recommendations regarding Contractor's work that is not in compliance with the Contract documents. Specific services to be performed by Engineer are as follows: 1. Review the Contractor's insurance certificates and forward the certificates to Owner for acceptance by Owner's legal counsel. Engineer's review of the insurance certificates is only for the purpose of determining if the Contractor maintains the general types and amounts of insurance required by the contract documents, and is not a legal review to determine if the Contractor's insurance coverage complies with all applicable requirements. 2. At a date and time selected by Owner and at a facility provided by Owner, conduct a preconstruction conference. Engineer shall prepare an agenda for the conference, and prepare and distribute minutes. The preconstruction conference shall include a discussion of the Contractor's tentative schedules, procedures for transmittal and review of the submittals, processing payment applications, critical work sequencing, change orders, record documents, and the Contractor's responsibilities for safety and first aid. 3. Review and comment on the Contractor's initial and updated construction schedule and advise Owner as to acceptability. 4. Analyze and advise Owner in a timely manner regarding the Contractor's construction schedule, activity sequence, and construction procedures as applicable to Owner's ability to keep existing facilities in operation. 5. Review the Contractor's initial and updated schedule of estimated monthly payments (i.e. drawdown schedule) and advise Owner as to acceptability. SA -2- 4 6. The Engineer will visit the construction site approximately every two weeks until substantial completion of all work is achieved by the Contractor. Engineer will advise Owner about the progress and quality of the work completed. Engineer shall provide Owner with timely notification in the event that Engineer needs to conduct more than a total of 39 visits to the construction site. 7. Review drawings and other data submitted by the Contractor as required by the construction contract documents. Engineer's review shall be for conformity to the construction contract documents and shall not relieve the Contractor of any of his contractual responsibilities. Such reviews shall not extend to means, methods, techniques, sequences, or procedures of construction, or to safety precautions and programs incident thereto. 8. Receive and review guarantees, bonds, and certificates of inspection, and tests and approvals, which are to be assembled by the Contractor in accordance with the construction contract documents and transmit them to Owner. Advise Owner as to whether the content or results of such required submittals are in conformity with the Contract Documents. 9. Interpret construction contract documents when requested by Owner or the Contractor. 10. Review and process the Contractor's monthly payment requests, and forward to Owner if appropriate. Engineer's review shall be for the purpose of making a full independent mathematical check of the Contractor's payment request. Engineer is responsible for verifying and certifying the quantities of work, which are the basis of the payment requests. 11. Provide documentation and administer the processing of change orders, including applications for extension of construction time. Evaluate the cost and scheduling aspects of all change orders and, where necessary, negotiate with the Contractor to obtain a fair price for the work. Said negotiation shall be subject to the approval of Owner. Work related to unusually complex or unreasonably numerous claims is covered in Supplemental Services. 12. Upon completion of the project, revise the construction contract drawings to conform to the construction records. Submit three copies of the prints and one electronic file in AutoCad format. 13. Act on claims of Owner and the Contractor relating to the acceptability of the work or the interpretation of the requirements of the construction contract documents. 14. Analyze data from performance testing of equipment by the Contractor or supplier when the construction contract documents require the equipment to be tested after installation. Submit conclusions to Owner. SA -2- 5 15. Upon substantial completion, inspect the construction work and prepare a punch -list of those items to be completed or corrected before final completion of the project. Submit results of the inspection and recommendations to Owner and the Contractor. 16. Upon completion or correction of the items of work on the punch -list, conduct a final inspection to determine if the work is completed. Provide written recommendations concerning final payment to Owner, including a list of items, if any, to be completed prior to making such payment. 17. Apply for consent of surety to final payment. B. RESIDENT PROJECT REPRESENTATIVE (RPR) DUTIES During construction phase, Engineer will furnish a one full -time RPR from two weeks after the Notice -of -Award through substantial completion of all work. The RPR will observe the Contractor's work and perform the services listed below. The RPR shall not have responsibility for the superintendence of construction site conditions, safety, safe practices or unsafe practices or conditions, operation, equipment, or personnel other than employees of the Engineer. This service will in no way relieve the Contractor of complete supervision and inspection of the work or the Contractor's obligation for complete compliance with the drawings and specifications. The Contractor shall have sole responsibility for safety and for maintaining safe practices and avoiding unsafe practices or conditions. Specific services performed by the RPR are as follows: 1. Site Inspection and Communication with Owner and Contractor(s). a. Conduct onsite inspections of the Contractor's general work progress to advise the Engineer of the quality and quantity of work being performed and whether the work is proceeding in accordance with the Contract documents. b. Serve as Engineer's liaison with the Contractor, working principally through the Contractor's superintendent, and assist Engineer in providing interpretation of the construction contract documents. Transmit Engineer's clarifications and interpretations of the construction contract documents to the Contractor and Owner. c. Assist Engineer in serving as Owner's liaison with the Contractor when the Contractor's operations affect Owner's onsite operation. d. As requested by Engineer, assist in obtaining from Owner additional details or information when required at the jobsite for proper execution of the work. e. Report to Engineer, giving recommendations based on the RPR's inspections regarding defects or deficiencies in the Contractor's work and relating to compliance with drawings, specifications, and design concepts. SA -2- 6 f. Advise Engineer and the Contractor or its superintendent immediately of the commencement of any work requiring a shop drawing or sample submission if the submission has not been accepted by Engineer. g. Monitor and report to Owner, Engineer and Contractor any changes of apparent integrity of the site (such as differing subsurface and physical conditions, existing structures, and site - related utilities when such utilities are exposed) resulting from construction- related activities. h. Observe pertinent site conditions when the Contractor maintains that differing subsurface and physical conditions have been encountered, and document actual site conditions. Extraordinary or extended review and analysis of the Contractor's claims for differing subsurface and physical conditions are supplemental services. L Visually inspect materials, equipment, and supplies delivered to the worksite. Reject materials, equipment, and supplies which do not conform to the construction contract documents. J. Coordinate onsite materials testing services during construction and interpret test results for conformity with Contract documents. Copies of testing results, with appropriate evaluation comments by the RPR and Engineer, will be forwarded to Owner for review and information. k. Inspect field tests of equipment, structures, and piping, and review the resulting reports, reporting to Engineer, as appropriate. 2. Meetings, Reports, Document Review, and Maintenance. a. Attend the preconstruction conference, and assist Engineer in explaining administrative procedures, which will be followed during construction. b. Schedule and attend biweekly progress meetings, and other meetings with Owner and the Contractor when necessary, to review and discuss construction procedures and progress scheduling, engineering management procedures, and other matters concerning the project. c. Submit to Engineer, with a copy to Owner, monthly construction progress reports containing a summary of the Contractor's progress, general condition of the work, problems, and resolutions or proposed resolutions to problems. d. Review the progress schedule, schedule of shop drawings submissions, and schedule of values prepared by the Contractor, and consult with Engineer concerning their acceptability. SA -2- 7 e. Report to Engineer and Owner regarding work which is known to be defective, or which fails any required inspections, tests, or approvals, or has been damaged prior to final payment; and advise Engineer whether the work should be corrected or rejected, or should be uncovered for observation, or requires special testing, inspection, or approval. f. Review applications for payment with the Contractor for compliance with the established procedure for their submission, and forward them with recommendations to Engineer, noting particularly their relation to the schedule of values, work completed, and materials and equipment delivered at the site, but not incorporated into the work. g. Record date of receipt of shop drawings and samples. Receive samples, which are furnished at the site by the Contractor, and notify Engineer of their availability for examination. h. During the course of the work, verify that specified certificates, O &M manuals, and other data required to be assembled and furnished by the Contractor are applicable to the items actually installed; and deliver this material to Engineer for his review and forwarding to Owner prior to final acceptance of the work. i. Maintain a marked set of drawings and specifications at the jobsite based on data provided by the Contractor. This information will be combined with information from the record documents maintained by the Contractor, and a master set of documents conforming to construction records will be produced. j. Review certificates of inspections, tests, and related approvals submitted by the Contractor as required by laws, rules, regulations, ordinances, codes, orders, or the Contract Documents (but only to verify that their content complies with the requirements of, and the results certified indicate compliance with, the construction contract documents). This service is limited to a review of items submitted by the Contractor and does not extend to a determination of whether the Contractor has complied with all legal requirements. k. Maintain the following documents at the jobsite. (1) Correspondence files. (2) Reports of jobsite conferences, meetings, and discussions among the Engineer, Owner, and Contractor. (3) Submittals of shop drawings and samples. (4) Reproductions of original construction contract documents. (5) Addenda. SA -2- 8 (6) Change orders. (7) Field orders. (8) Additional drawings issued subsequent to execution of the construction contract documents. (9) Progress reports. (10) Names, addresses, and telephone numbers of all contractors, subcontractors, and major suppliers of materials and equipment. 1. Maintain a daily diary or log book of events at the jobsite, including the following information: (1) Days the Contractor worked on the jobsite. (2) Contractor and subcontractor personnel on jobsite. (3) Construction equipment on the jobsite. (4) Observed delays and causes. (5) Weather conditions. (6) Data relative to claims for extras or deductions. (7) Daily activities. (8) Observations pertaining to the progress of the work. (9) Materials received on jobsite. The diary or log book shall remain the property of Engineer. 3. Assistance in Certification of Substantial Completion. a. Before Engineer issues a Certificate of Substantial Completion, submit to the Contractor a list of items observed to require completion or correction. b. Assist Engineer in conducting final inspection in the company of Owner and the Contractor, and prepare a final list of items to be completed or corrected. SA -2- 9 Verify that all items on the final list have been completed or corrected, and make recommendations to Engineer concerning acceptance. C. OPERATION AND MAINTENANCE (O &M) MANUAL 1. As part of the submittal process, review preliminary manufacturer O &M manuals and require revisions, as needed, to conform to the content and organizational requirements specified in the contract documents. Engineer's review of the preliminary O &M Manuals will include collection and incorporation of comments from the City and the RPR. 2. Review final manufacturer O &M manuals to confirm that the vendors have properly incorporated prior comments and that the Contractor has correctly organized and assembled the manuals into tabbed 3 -ring binders. Vendors will be encouraged to submit their preliminary and final manuals in electronic compact disk (CD) format. Three hard copies of the final binders, including CDs where appropriate, will be delivered to the City. D. SUPPLEMENTAL SERVICES 1. Any work requested by the City that is not included in one of the items listed above will be classified as supplemental services. 2. Supplemental services shall include, but are not limited to: a. Supplemental engineering work required to meet the requirements of regulatory, funding or code compliance agencies that become effective subsequent to the date of this agreement. b. Preparation for litigation, arbitration, or other legal proceedings; and appearances in court or at arbitration sessions in connection with bid protests, change orders, or construction incidents. c. Provision, through a subcontract, of laboratory and field testing required during construction and of any special reports or studies on materials and equipment requested by City. d. Observing factory tests and/or field retesting of equipment that fails, through no fault of the Engineer, to pass the initial test. e. More than 39 visits to the construction site and/or 3120 RPR inspection hours. The time period between substantial completion and final completion is not covered by this Supplemental Agreement No. 2. However, additional engineering services that may be needed can be authorized by a future supplemental agreement. SA -2- 10 f. Where field conditions differ from the conditions indicated in the construction contract documents or soil boring reports, prepare sketches of construction work for approval by City, to supplement the drawings and specifications as may be required; and provide redesign or relocation information if required by underground obstructions, utilities, or other conditions. g. Services resulting from significant delays, changes, or price increases caused directly or indirectly by shortages of materials, equipment, or energy. h. Additional or extended services during construction made necessary by (1) work damaged by fire or other cause during construction, (2) a significant amount of defective or neglected work by the Contractor, (3) acceleration of the progress schedule involving service beyond normal working hours, (4) default by the Contractor, and (5) failure of the Contractor to complete the work within the construction contract time. i. Special services in connection with partial utilization of any part of the project by City prior to any of the specified Substantial Completion dates, which requires the RPR to work additional hours or requires employment of additional onsite personnel. j. Evaluation of unusually complex or unreasonably numerous claims submitted by the Contractor or others in connection with the work. k. Review and analysis of extraordinary claims for differing subsurface and physical conditions submitted by the Contractor or others in connection with the work. 1. Changes in the general scope, extent, or character of the project, including, but not limited to: (1) Major changes or revisions required by the City. (2) Changes in size or complexity. (3) City's schedule, design, or character of construction. (4) Method of financing. (5) Revision of previously accepted studies, reports, design documents, or construction contract documents when such revisions are required by changes in law, rules, regulations, ordinances, codes, or orders enacted subsequent to the preparation of such studies, reports, documents, or designs; or are required by any other causes beyond Engineer's control. SA -2- 11 SCHEDULE 2 -2 ENGINEERING STAFF -HOUR AND FEE ESTIMATE FOR SUPPLEMENTAL AGREEMENT NO.2 [See Following Page] SA -2- 12 N N d d L V U) V W O N w CL -°a O 8 F OQ 0 0 _O Z d U) 00 V W S a d W C 4 V � � IL = M C W E r 5 c o o o E 4 2 E w N Y 3 Q d a 0 C L ', N V 's W N c o d � r N E o > a .4 W O r r 5 c O E C Y1 m O .- E `o a ° r d " o c c 0 n� 8 � N p� C c E c c o c X 0 7 r 3 F o c . S 0 aEb BLO L C C � o c o v c a o m W y N N c � C l0 T y C T. 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