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HomeMy WebLinkAboutResolution - 2021-R0487 - Amendment No. 2 Contract 13870 with Plummer Associates 12.14.21Resolution No. 2021-R0487 Item No. 6.8 December 14, 2021 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute fo and on behalf of the City of Lubbock, Amendment No. 2 to Professional Services Agreement No 13870 for services related to North Water Treatment Plant Improvements Project No. 3 and Soutl Water Treatment Plant Uprating Improvements, by and between the City of Lubbock and Plummet Associates, Inc. and related documents. Said Amendment is attached hereto and incorporated it this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on December 14, 2021 STEVE M NGA , PRO TEM ATTEST: Q'-'�'- , Reb cca Garza, City Se et ry APPROVED AS TO CONTENT: Jestca McEachern, Assistant City Manager APPROVED AS TO FORM: &Aq�4& - Kelli Leisure, Assistant City Attorney ccdocs/RES.Amend 2 Contract No. 13870 Plummer North and South Water Treatment 11.29.21 Resolution No. 2021-R0487 AMENDMENT NO.2 TO AGREEMENT BETWEEN TFIE CITY OF LUBBOCK AND PLUMMER ASSOCIATES, INC. THIS IS AMENDMENT NUMBER 2 TO THE AGREEMENT Contract No. 13870 dated and entered into the 9th day of October 2018 by and between the City of Lubbock ("City") and Plummer Associates, Inc. ("Consultant'), collectively ("Parties"). WHEREAS, the Consultant entered into the Agreement with the City to perform professional services regarding the North Water Treatment Plant Improvements Project No. 3 and South Water Treatment Plant Uprating Improvements. WHEREAS, on December 13, 2019 the Parties entered into a Modification for Extension of Time Only ("Extension"), granting Consultant an additional six (6) months to complete the services under the Agreement. Furthermore, the Parties executed Amendment No. 1 on April 14, 2020 enlarging the scope of services, fee, and term. WHEREAS, the Parties now agree to modify the agreement to include additional services and time. NOW THEREFORE, this Amendment No. 2 shall include the additional construction phase services associated with the North Water Treatment Plant Improvements Project No. 3 and South Water Treatment Plant Uprating Improvements Construction Phase Services, as described in Exhibit D, attached to and incorporated herein. The term shall be extended an additional two hundred (200) days to perform the additional services. All other portions of the original Agreement and previous Amendments shall remain in place and are not altered by this amendment. IN WITNESS HEREOF, the parties have executed this Amendment as of this t 4th day of December , 2021. EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK esdAA STEVE ENG "LE, IRPROTEM ATTEST: (IQ, A § .1 Re ecca Garza, City S++ APPROVED AS TO CONTENT: Michael G. Keenum, P.E., CFM, Division Director of Engineering/ City Engineer Page 1 of 2 Jesica McEachem, Assistant City Manager APPROVED AS TO FORM: Plummer and Associates, Inc _ __ _ -- —�__ By: f� — elli Leisure, Assistant City Attorney Brian Beach, P.E. Construction Management Practice Leader Page 2of2 PLUMMER ASSOCIATES, INC. ADDITIONAL SCOPE OF WORK This Exhibit D is part of the Agreement between Plummer Associates, Inc. (the "CONSTRUCTION MANAGER") and the City of Lubbock (the "CITY") for a project generally described as: NORTH WTP 8 MILLION -GALLON GROUND STORAGE TANK IMPROVEMENTS CONSTRUCTION PHASE SERVICES The purpose of this Agreement is for the CONSTRUCTION MANAGER (CM) to furnish to the CITY Construction Phase Services that include, Construction Management and On -site Resident Project Representation (RPR) Services. 1.0 Construction Managers Cooperation 1.1.1. The CONSTRUCTION MANAGER shall coordinate and interface with CITY staff and with the Construction Representative to accomplish the tasks identified herein. 1.1.2. Construction Representative will handle the following: 1.1.2.1. Provide construction administration. 1.1.2.2. Manage project documentation. 1.1.2.3. Represent CITY on the job site. 1.1.2.4. Accomplish quality assurance tasks. 1.1.2.5. Provide an internet-based construction management system. 1.1.2.6. Schedule the pre -construction conference, construction progress meetings, and additional meetings along with developing the agenda and preparing meeting notes for each meeting. 1.1.2.7. Establish procedures for administering changes to the construction contracts. Process contract modifications and negotiate with the contractor on behalf of the CITY to determine the cost and time impacts of these changes. Prepare change order documentation for approved changes for execution by the CITY. Documentation of field orders, where cost to CITY is not impacted, will also be prepared. 1.1.2.8. Receive and evaluate notices of contractor claims and make recommendations to the CITY on the merit and value of the claim on the basis of information submitted by the contractor or available in project documentation, and will endeavor to negotiate a settlement value with the Contractor on behalf of the CITY if appropriate. 1.1.3. The CONSTRUCTION MANAGER will complement the RPR to accomplish the remaining Construction Phase Services tasks, to include items listed below. 1.1.3.1. The CONSTRUCTION MANAGER in coordination with the ENGINEER -of - RECORD shall provide responses to submittals and requests for 1 of 7 information to the Construction Representative's online project management system by submitting responses directly into the management system using the CONSTRUCTION MANAGER's standard forms. 1.1.3.2. The CONSTRUCTION MANAGER shall receive project documentation from the Engineer -of -Record. 1.1.3.3. The CONSTRUCTION MANAGER shall work with the ENGINEER -OF - RECORD to provide timely response and necessary reviews of submittals, requests for information (RFI), change orders (CO), contract modification requests (CMR), and all other project actions coordinated by the Construction Representative. 1.1.3.4. The ENGINEER -OF -RECORD shall expect all administration and management of communication, documentation, and correspondence to be handled by the CONSTRUCTION MANAGER. 1.2. Site Visits 1.2.1. The CONSTRUCTION MANAGER shall visit the site in coordination with the City and shall include scope and fee for at fifteen (18) site visits. Weekly site visits will occur in conjunction with monthly construction progress meetings. 1.2.2. Additional site visits beyond those listed will be an Additional Service and the CONSTRUCTION MANAGER shall be entitled to additional compensation. 1.3. Construction Progress Meetings 1.3.1. The CONSTRUCTION MANAGER and ENGINEER-of-RECORDs' consultants will participate in the preconstruction conference. The CONSTRUCTION MANAGER will participate in up to eighteen (18) monthly construction progress meetings onsite that are to coincide with a site visit. The fee is based on the Construction Progress Meeting coinciding with the Site Visits. 1.4. Pay Estimates The CONSTRUCTION MANAGER shall coordinate with the RPR for the review and make recommendations to the CITY for payment applications made by the Contractor. Recommendations by the CONSTRUCTION MANAGER to the CITY for periodic construction progress payments to the construction contractor will be based on the CITY's Construction Representative verifying that the work has progressed to the point indicated. Such recommendations do not represent: that continuous or detailed examinations have been made by the CONSTRUCTION MANAGER to ascertain that the construction contractor has completed the work in exact accordance with the contract documents; that the final work will be acceptable in all aspects; that the CONSTRUCTION MANAGER has made an examination to ascertain how or for what purpose the construction contractor has used the 2of7 monies paid; that title to any of the work, materials, or equipment passed to the CITY free and clear of liens, claims, security interested, or encumbrances; or that there are no other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. 1.5. Requests for Information The CONSTRUCTION MANAGER and ENGINEER -OF -RECORD will interpret the intent of the plans and specifications and respond to requests for information (RFIs) for the CITY and Contractor. 1.6. Contract Modifications 1.6.1. CONSTRUCTION MANAGER will review contract modification requests (CMRs) and prepare proposed contract modifications (PCMs) for items identified during construction that are necessary or requested by the CITY or Contractor but are not in accordance with the construction documents. 1.6.2. CONSTRUCTION MANAGER will prepare documentation for contract modifications required to implement modifications in the design of the project. 1.6.3. Investigations, analyses, studies or design for substitutions of equipment or materials, corrections of defective or deficient work of the contractor or other deviations from the construction contract documents requested by the contractor and approved by the CITY are an additional service. Substitutions of materials or equipment or design modifications requested by the CITY are an Additional Service and the CONSTRUCTION MANAGER shall be entitled to additional compensation. 1.7. Substantial and Final Review 1.7.1. The CONSTRUCTION MANAGER will conduct, in the company of the CITYs representative and ENGINEER -of -RECORD, a substantial completion review for the project for conformance with the design concept of the project and general compliance with the contract documents and provide a list of deficiencies to the Contractor. 1.7.2. The CONSTRUCTION MANAGER will conduct, in the company of the CITY's representative and ENGINEER -of -RECORD, a final review for the project for conformance with the design concept of the project and general compliance with the contract documents, verify that items identified on the deficiency list from the substantial completion review have been completed, and make recommendation for final payment to the Contractor. 1.8. Record ("As -built") Drawings 1.8.1. The Contractor will provide to the CONSTRUCTION MANAGER the red -line drawings for use in the development of the record drawings. In the event that the 3 of 7 Contractor does not provide adequate red -line drawings and the ENGINEER -OF - RECORD must develop the record drawings. 1.8.2. The ENGINEER of RECORD will revise the construction drawings in accordance with the information furnished by the Contractor reflecting changes to the project made during construction. Record drawings are defined as the drawings produced by the Contractors modifications to the original design drawings to reflect the changes during the construction. 1.8.3. The ENGINEER of RECORD will prepare record drawings on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the project was finally constructed. 1.8.4. The CONSTRUCTION MANAGER is not responsible for any errors or omissions in the information from others that are incorporated into the record drawings. 1.8.5. The ENGINEER of RECORD will provide the CITY with digital copies in Adobe PDF on USB storage drive, one full-sized (22" x 34") set of reproducible prints (unbound, Mylar), five (5) half -sized (11" x 17") sets of plans (bound, bond), and two (2) full- sized (22" x 34") sets of plans (bound, bond) to the CITY. No technical specification books will be provided. 3.0 Onsite Resident Project Representation (RPR) Services 3.1 During construction, the CONSTRUCTION MANAGER shall provide an onsite resident project representative (RPR) observation staff, in accordance with the CONSTRUCTION MANAGER's recommendations, who shall review the work of the construction contractor and report to the City, the CONSTRUCTION MANAGER, and the construction contractor opinions of the contractor's fulfillment of these recommended actions and adherence to the contract documents. The CONSTRUCTION MANAGER's project representatives shall endeavor to protect the City against defects and deficiencies in the work, with the goal that the contractor's work is carried out in conformance with the contract documents. However, the CONSTRUCTION MANAGER neither guarantees the performance of the contractor nor assumes responsibility for the contractor's failure to perform work in accordance with the contract documents. 3.2 The CONSTRUCTION MANAGER/RPR will be the primary point of contact and communications for all parties on the Project, which is defined as the construction project of the North Water Treatment Plant 8 Million -Gallon Ground Storage Tank Improvements. The RPR shall at all times have access to the Work whenever it is in preparation or progress. 3.2.1 RPR — 20 hours per week, on average for 18 months. 3.2.2 Construction Manager and RPR will attend all monthly construction meetings, preconstruction conferences and substantial completion walk-through. 4of7 3.3 City Engineer shall review qualifications of RPR and observation staff. City Engineer also has the right to request observation staff or RPR be removed from the site and request alternative personnel be provided. 3.4 Project Documentation 3.5.1 The RPR will maintain detailed records of the Project, including monitoring and documenting the daily work in a daily log of personnel onsite, subcontractor's personnel, equipment being utilized, delivery of equipment and materials, and testing agencies. 3.5.2 The RPR will monitor the Contractor's actual progress relative to his planned construction schedule. He will provide reports of actual versus planned progress. The RPR will take weekly photographs electronically of the progress and maintain a digital copy of them in an organized fashion. 3.5.3 The RPR will prepare meeting agendas for all construction meetings and coordinate with Engineer -of -Record for input. The RPR will prepare meeting notes for all construction meetings. The RPR will setup and maintain the internet-based construction management system. 3.5.4 The RPR will coordinate with the Contractor the startup and testing of each treatment unit and piece of equipment per the contract documents. He will create a log tracking installation reports, startup, testing, and training. The RPR will create and maintain a log of all equipment warranty start and end dates, and when the City takes ownership of each item. These punch lists will be compiled into an overall plant punch list, which will be issued to the Contractor upon issuance of substantial completion. The RPR will coordinate with the Contractor to work through the items on the punch list. 3.5 Progress Payments 3.6.1 The RPR will review the draft payment requests for delivery of materials, and quantities completed and recommend City and Engineer of Record action on contract progress payments. Upon receipt of the contractor's payment request and the recommendation of the onsite project representatives, the CONSTRUCTION MANAGER and ENGINEER of RECORD will review the progress payment. 3.6.2 Based on the CONSTRUCTION MANAGER's and Resident Project Representative's observations at the site of the work and evaluations of the contractor's estimates for payment, the CONSTRUCTION MANAGER and ENGINEER shall review and certify the amounts due to the contractor. 3.6.3 The CONSTRUCTION MANAGER's and ENGINEER of RECORD certification for payment shall constitute a representation to the City based on the CONSTRUCTION MANAGER's observation at the site and on the data comprising the Contractor's estimates for payment, that the work has progressed to the point indicated and that 5 of 7 the quality of work is in accordance with the contract documents. The foregoing representations are subject to minor deviations from the contract documents. The issuance of a certificate of payment shall further constitute a representation that the contractor is entitled to the payment in the amount certified. However, the issuance of a certificate of payment shall not be a representation that the CONSTRUCTION MANAGER has (1) reviewed construction means, methods, techniques, sequences, or procedures, or (2) ascertained how or for what the purpose the contractor has used money previously paid on account of the contract. 3.6 Construction Observation 3.7.1 The onsite RPR and observation staff will provide field observation for conformance of the contractor's work with plans and specifications and notify the contractor and the City of any observed nonconforming work and monitor the progress of the contractor's corrective actions. The onsite RPR shall not be responsible for means, methods, techniques, sequences, or procedures of construction selected by the contractor or the safety precautions and programs incident to the work of the contractor. 3.7.2 The onsite project representative shall have the responsibility and authority to reject work that does not conform to the contract documents. Whenever the onsite project representative considers it necessary or advisable for implementation of the intent of the contract documents, the onsite project representative will recommend additional inspection or testing of the work in accordance with the provisions of the contract documents, whether or not such work is fabricated, installed, or completed. However, neither this authority of the onsite project representative nor a decision made in good faith either to exercise or not exercise such authority shall give rise to a duty or responsibility of the onsite project representative to the contractor, subcontractor, their agents, employees, or other persons performing portions of the work. 3.7 Coordinate the work of testing laboratories and inspection bureaus required for the testing or inspection of materials, witnessed tests, factory testing, etc. for quality assurance of the Project, which is not the same as the quality control testing performed by the Contractor. CONSTRUCTION MANAGER and RPR will coordinate factory witness testing, when required, between the Contractor, City, and ENGINEER of RECORD. 3.8 Assist in the transfer of and acceptance by the construction contractor of any City furnished equipment or materials and spare parts by the construction contractor to the City. 3.9 Prepare a list of deficiencies to be corrected by the contractor before recommendation of final payment. Assist the City in obtaining legal releases, permits, warranties, spare parts, and keys from the contractor. Review and comment on the certificate of completion and the recommendation for final payment to the Contractor(s). Recommend to the City the dates of 6of7 substantial completion and final completion and assist the City in scheduling startup and use of the complete facility. The RPR will obtain required manuals, guarantees, record drawings, and other documentation from the Contractor and deliver to the CONSTRUCTION MANAGER for review and for delivery to the Owner. ADDITIONAL CONSTRUCTION MANAGEMENT SERVICES Additional CONSTRUCTION MANAGEMENT services may be performed by the CONSTRUCTION MANAGER, if authorized by the CITY, which are not included in the above -described Construction Phase Services, as described below: Additional Management Services, which may be required by the CITY, shall be based on the actual hours and costs in accordance with current contract.. No work will be undertaken with this item without specific written authorization from the CITY. 7 of 7