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
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