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HomeMy WebLinkAboutResolution - 2008-R0100 - Amendment To Agreement - Black & Veatch Corporation - Engineering Services - 03/27/2008Resolution No_ 2008-ROI.00 March 27, 2008 Item No. 5.6 RESOLUTION 3E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and lirected to execute for and on behalf of the City of Lubbock an Amendment No. 4 to kgreement for Engineering Services between the City of Lubbock and Black & Veatch 'orporation, and any other related documents. Said Amendment No. 4 to Agreement for engineering Services is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 27th ATTEST: Garza, City Secretary APPROVED AS TO CONTENT: L. Adams, Deputy City Manager APPROVED AS TO FORM: Richard K. Casner First Assistant City Attorney gs/ccdocs/B1ack&Veach Fourth Amend to Engineering Sere Agnnnt.res March 6, 2008 day of March 2008. DAVID A. MILLER, MAYOR Resolution No. 2008-ROIOO AMENDMENT NO.4 TO AGREEMENT FOR ENGINEERING SERVICES WHEREAS, the City of Lubbock, Texas (Owner) has duly executed and entered into that certain Agreement for Engineering Services (the "Original Agreement"), dated the 13th day ofJanuary 2005 (and any amendments thereto and any work orders, work authorizations, purchase orders or documents of similar effect issued thereunder), Resolution No. 2005-R0023, with Black & Veatch Corporation (Engineer), providing for the performance of certain engineering services for Water Resources Improvements (the Project); and WHEREAS, the Original Agreement was amended by that certain Amendment No. 1 to Agreement for Engineering Services, dated on or about December 1, 2005, Resolution No. 2005-RO563 (the "First Amendment" or "Amendment No. I"); WHEREAS, the Original Agreement, as amended by the First Amendment, was amended by that certain Amendment No. 2 to Agreement for Engineering Services, dated on or about August 24, 2006, Resolution No. 2006-RO410 (the "Second Amendment" or "Amendment No. 2"); WHEREAS, the Original Agreement, as amended by the First Amendment and Second Amendment, was amended by that certain Amendment No. 3 to Agreement for Engineering Services, dated on or about September 27, 2007, Resolution No. 2007-RO461 (the "Third Amendment" or "Amendment No. 3"); WHEREAS, Owner and Engineer now wish to amend the Original Agreement, as amended by the First Amendment, Second Amendment and Third Amendment. NOW, THEREFORE, in consideration of the promises contained herein, Owner and Engineer agree this -77 may of March, 2008, as follows: Page 1 of 15 ARTICLE 1—ATTACHMENT A That ATTACHMENT A OF THE ORIGINAL AGREEMENT, as amended by the First Amendment, Second Amendment and Third Amendment, shall be amended as follows: Attachment A to Amendment No. 4 to Agreement for Engineering Services, — CONSTRUCTION PHASE SERVICES, Item F, which is attached hereto, is hereby added to the Original Agreement, as amended by the First Amendment, Second Amendment, and Third Amendment. ARTICLE 2—ATTACHMENT B That ATTACHMENT B, COMPENSATION, OF THE ORIGINAL AGREEMENT, as amended by the First Amendment, Second Amendment and Third Amendment, shall be amended as follows: Attachment B— COMPENSATION, ofthe Original Agreement, as amended by the First Amendment, Second Amendment and Third Amendment, is hereby supplemental with Attachment B to Amendment No. 4 to Agreement for Engineering Services, which is attached hereto. ARTICLE 3—AMENDMENT The Original Agreement, as amended by the First Amendment, Second Amendment and Third Amendment, except as amended herein, shall remain valid and subsisting as originally provided. Page 2 of 15 Executed this 27th day of March„ 2008. ATTEST: AReb caGarza, City Secretary APPROVED AS TO CONTENT: Thomas L. Adams, Deputy City Manager APPROVED AS TO FORM: Richard Casner, First Asst. City Attorney Rschard/Black&VeacWth Amend 022808 Black & Veatch Corporation ENGINEER By _ &I �, (�, Printed Name Title Date r. Gfj 7d) TEST: B 1 ` CITY OF LUBBOCK David Mille , Mayor Page 3 of 15 Resolution No. 2008-ROIOO ATTACHMENT A TOAMENDMENT NOA TO AGREEMENT FOR ENGINEERING SERVICES Owner: City of Lubbock Engineer: Black & Veatch Corporation Projects: Water Resources Improvements DESCRIPTION OF SCOPE OF SERVICES This attachment describes the additional Scope of Services to be performed in conjunction with Construction Phase Services (Phase 3) for Construction Package No. 1 for the Southeast Water Reclamation Plant (SEWRP). The services include construction administration, field support, and resident services. The fee for Project Administration and Controls and General Construction Phase Services was developed on the following contract duration (in calendar days): Contract Schedule Contractor Notice to Proceed to 1185 days (39 months) Project Substantial Completion Project Substantial Completion to 90 days (3 months) Final Completion Any changes to the schedule not caused by the Engineer's actions may result in the Engineer requesting an amendment to the contract for additional services. Any request for change in schedule or fees must be approved by the City of Lubbock prior to the associated work being performed by the Engineer. During the course of the performance of these services prescribed herein, if the Owner considers the performance of any of the Engineer's staff to be unsatisfactory, the Owner will notify the Engineer and the Engineer will have 30 days to indicate how the deficiency will be rectified. If Engineer's response is not satisfactory, Engineer will have 60 days to replace the staff member on the Services prescribed herein. Page 4 of 15 F. PART 6 - CONSTRUCTION PHASE SERVICES A. PROJECT ADMINISTRATION AND CONTROL Engineer will perform project administration services during the construction phase of the project. By performing these services, except as provided herein, Engineer shall not have authority or responsibility (i) to supervise, direct, or control the Contractor's work or the Contractor's means, methods, techniques, sequences, or procedures of construction; and (ii) 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. The Engineer shall notify the Owner immediately if any unsafe conditions or practices are observed by the Engineer. Specific services to be performed by Engineer are as follows: At a date and time selected by Owner and at a facility provided by Owner, conduct a preconstruction conference with Contractor. Engineer shall prepare an agenda for the conference, and prepare and distribute meeting minutes. The preconstruction conference shall include a discussion of the Contractor's tentative schedules, procedures for transmittal and review of the Contractor's submittals, processing payment applications, critical work sequencing, change orders, record documents, and the Contractor's responsibilities for safety and first aid. 2. Receive, review, and comment on the Contractor's initial and updated construction schedule and advise Owner as to acceptability. Analyze the Contractor's construction schedule, activity sequence, and construction procedures as applicable to Owner's ability to keep existing facilities in operation. 3. Review the Contractor's initial and updated schedule of estimated monthly payments and advise Owner as to acceptability. 4. Receive 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. Engineer's review of guarantees and bonds is only for the purpose of determining if the Contractor provides the general type or bond required by the Contract Documents, and is not a legal review to determine if the Contractor's guarantees and bonds comply with all applicable requirements. B. SHOP DRAWINGS AND MANUFACTURER OPERATION AND MAINTENANCE MANUAL REVIEW Review drawings and other data submitted by each Contractor as required by the construction contract documents. Engineer's review shall be for general 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 Page 5 of 15 programs incident thereto. Reviews of submittals will be limited to 300 submittals including re -submittals. Costs for additional reviews shall be borne by Contractor or Owner, as required by the contract documents and will be considered a Supplemental Service. 2. Review manufacturer operation and maintenance (O&M) manual submittals. Reviews of manufacturer O&M manuals will be limited to 150 submittals including re -submittals. Costs for additional reviews shall be borne by Contractor or Owner, as required by the contract documents and will be considered a Supplemental Service. C. GENERAL CONSTRUCTION PHASE SERVICES Interpret construction contract documents when requested by Owner or Contractor. Reviews of Requests for Information (RFIs) are limited to 150 submittals. Interpretation of RFIs in excess of the limit will be considered a Supplemental Service. 2. Make periodic visits to the construction site by design staff to observe progress of the work, and consult with the Owner and the Contractor concerning problems and progress of the work. The total number of trips is limited to 50. Trips in excess of the limit will be considered a Supplemental Service. 3. Receive and review drawings and other data submitted by the Contractor as required by the construction contract documents. Engineer's review shall be for general 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. 4. Receive, review, and process the Contractor's monthly payment requests, and forward to Owner, for payment. Engineer's review shall be for the purpose of making a full independent mathematical check and verification as to and work actually performed as to the Contractor's payment request. 5. 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. 6. Acton claims of Owner and the Contractor relating to the acceptability of the work or the interpretation of the requirements of the construction contract documents. 7. Attend factory performance tests of the Single Stage Centrifugal Blowers, Multistage Centrifugal Blowers, Blower Control Panels, RTU Panels and Programmable Logic Controllers. Analyze data from performance testing of equipment by the Contractor or supplier when the construction contract documents require the equipment to be tested Page 6 of 15 after installation. Submit conclusions to Owner and advise Contractor of acceptability. Engineer's costs for witnessing retests of the systems due to system problems shall be paid by Contractor or Owner. As appropriate, Engineer will include requirements for Contractor reimbursement to Owner for retests. D. MATERIALS TESTING Through a subcontract, conduct, evaluate, and report on tests and test analyses for materials, including concrete compression and shrinkage tests, moisture -density tests, relative density tests, asphalt tests (Marshall stability flow and density), and in-place density testing. The cost for materials testing services shall not exceed $75,000 without prior authorization by the Owner. E. PROJECT COMPLETION 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 to Owner and the Contractor. 2. 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. 3. Apply for consent of surety to final payment. F. CONFORMED DRAWINGS Upon completion of the project, revise the construction contract drawings to conform to the construction records. As required, each drawing shall be modified. Submit to the Owner drawings on a CD as electronic images (PDF) and provide Mylar record drawings to the Owner. G. PART 7 - RESIDENT SERVICES DURING CONSTRUCTION A. RESIDENT PROJECT REPRESENTATIVE Engineer will furnish full-time and part-time Resident Project Representatives, who will be an -agent or employee of Engineer and shall be considered as Engineer for all purposes under this Agreement, during the construction work. The full-time Resident Project Representative shall have a degree in engineering or engineering technology and shall have a minimum of 15 years experience in construction management or construction inspection. The Resident Project Representatives will observe the Contractor's work and perform the services listed below on behalf of, and as, the Engineer. The Resident Project Representatives, except as Page 7 of 15 provided herein, 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. The Resident Project Representative will notify the Owner immediately of unsafe practices or conditions if observed. 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. It is agreed and understood that the Engineer shall perform the activities set forth in this Part 7 utilizing any and all necessary internal communications or processes necessary or advisable to accomplish all of said activities. A total of 7592 hours for the full-time Resident Project Representative services and 1,040 hours for the part-time Resident Project Representative services are anticipated. The hourly rate for the full-time Resident Project Representative includes an allowance for overtime. If the Contractor's work requires work in excess of a 40 hour week, no overtime will be billed for the full-time Resident Project Representative B. SITE OBSERVATIONS AND LIAISON WITH OWNER AND CONTRACTOR BY ENGINEER 1. Conduct onsite observations of the general progress of the work in determining if the work is proceeding in accordance with the construction contract documents. 2. Serve as Engineer's liaison with the Contractor, working principally through the Contractor's superintendent, and provide interpretation of the construction contract documents. Transmit Engineer's clarifications and interpretations of the construction contract documents to the Contractor. 3. Serve as Owner's liaison with the Contractor when the Contractor's operations affect Owner's onsite operation. 4. Assist in obtaining from Owner additional details or information when required at the jobsite for proper execution of the work. 5. Provide opinions and suggestions to Owner based on the Resident Project Representative's observations regarding defects or deficiencies in the Contractor's work and relating to compliance with drawings, specifications, and design concepts. 6. Advise 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. 7. Monitor 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. Page 8 of 15 8. Observe pertinent site conditions when the Contractor maintains that differing subsurface and physical conditions have been encountered, and document actual site conditions. Review and analysis of the Contractor's claims for differing subsurface and physical conditions are Supplemental Services. 9. Review the Contractors' construction sequence and traffic control plans for all construction work undertaken simultaneously. 10. Verify that the Contractor has contacted utilities in the general construction area and advised them of Contractor's schedule. Assist in coordinating scheduling of utility activities to minimize conflicts with Owner's activities. 11. Establish and furnish the Contractor with necessary baselines and control points which will be used as datum for the work. Actual construction staking will be done by the Contractor. 12. Visually inspect materials, equipment, and supplies delivered to the worksite. Reject materials, equipment, and supplies which do not conform to the construction contract documents. 13. Coordinate onsite materials testing services during construction. Copies of testing results will be forwarded to Owner for review and information. 14. Observe field tests of equipment, structures, and piping, and review the resulting reports. C. OUTSIDE LIAISON Accompany visiting inspectors representing public or other agencies having jurisdiction over the project. Record the names of the inspectors, and the results of the inspections, and report to Owner. D. MEETINGS, REPORTS, AND DOCUMENT REVIEW AND MAINTENANCE BY ENGINEER 1. Attend the preconstruction conference, and explain administrative procedures which will be followed during construction. 2. Schedule and/or attend monthly 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. 3. Submit to Owner, weekly construction progress reports containing a summary of the Contractor's progress, general condition of the work, problems, and resolutions or proposed resolutions to problems. Page 9 of 15 4. Review the progress schedule, schedule of shop drawings submissions, and schedule of values prepared by the Contractor concerning their acceptability. 5. Report to 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 Owner whether the work should be corrected or rejected, or should be uncovered for observation, or requires special testing, inspection, or approval. 6. Review applications for payment with the Contractor for compliance with the established procedure for their submission, and forward them with recommendations to the Owner, 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. 7. Record date of receipt of shop drawings and samples. Receive samples which are furnished at the site by the Contractor. 8. During the course of the work, verify that specified certificates, operation and maintenance 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 to Owner prior to final acceptance of the work. 9. 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. 10. 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. 11. Collect operation and maintenance data provided by the Contractor. 12. Maintain the following documents at the jobsite. a. Correspondence files. b. Reports of jobsite conferences, meetings, and discussions among the Engineer, Owner, and Contractor. c. Submittals of shop drawings and samples. Page 10 of 15 d. Reproductions of original construction contract documents. e. Addenda. f. Change orders. g. Field orders. h. Additional drawings issued subsequent to execution of the construction contract documents. i. Weekly Progress reports. J. Names, addresses, and telephone numbers of all contractors, subcontractors, and major suppliers of materials and equipment. k. Digital photographs depicting the Contractor's progress. 13. Maintain a daily diary or log book of events at the jobsite, including the following information: a. Days the Contractor worked on the job site. b. Contractor and subcontractor personnel on jobsite. c. Construction equipment on the jobsite. d. Observed delays and causes. e. Weather conditions. f. Data relative to claims for extras or deductions. g. Daily activities. h. Observations pertaining to the progress of the work. i. Materials received on jobsite. j. Maintain a record of Digital Photos for documentation. The diary or log book shall remain the property of Engineer; however that Owner shall have access to it all times. Page 11 of 15 14. Attend and Document Contractors regular scheduled safety meetings. E_ ASSISTANCE IN CEERTIFICATION OF SUBSTAN'T'IAL COMPLE'T'ION 1. Before Owner issues a Certificate of Substantial Completion, the Engineer shall submit to the Contractor a list of items observed to require completion or correction. 2. Conduct final inspection in the company of Owner and the Contractor, and prepare a final list of items to be completed or corrected. 3. Verify that all items on the final list have been completed or corrected, and make recommendations to Owner concerning acceptance. H. SUPPLEMENTAL SERVICES A. Any work requested by Owner that is not included in one of the items listed in any other phase will be classified as Supplemental Services. B. Supplemental Services shall be including, but are not limited to: 1. Additional meetings with local, State, or Federal agencies to discuss the project. 2. Additional appearances at public hearings or before special boards. 3. Supplemental engineering work required to meet the requirements of regulatory or funding agencies that become effective subsequent to the date of this agreement. 4. Special consultants or independent professional associates requested or authorized by Owner. 5. Preparation for litigation, arbitration, or other legal or administrative proceedings; and appearances in court or at arbitration sessions in connection with change orders or construction incidents. 6. An environmental assessment report and/or environmental impact statement as requested by Owner or required by review agencies. 7 Provision, through a subcontract, of a cultural resources or archaeological study and report on the construction site. 8. Provision, through a subcontract, of archaeological consultations regarding artifacts that may be uncovered during construction. Page 12 of 15 9. 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 Owner. 10. Observing factory tests and/or field retesting of equipment that fails to pass the initial test. 11. Preparation of a master construction schedule from individual schedules submitted by construction contractors, and coordination and resolution of conflicts with contractors" schedules. 12. Assistance in financially related transactions for the project. 13. Special reports requested by Owner concerning facilities operation and personnel matters during the operation startup period. 14. Where field conditions differ from the conditions indicated in the construction contract documents or soil boring reports, preparing sketches of construction work for approval by Owner, to supplement the drawings and specifications as may be required; and providing redesign or relocation information if required by underground obstructions, utilities, or other conditions. 15. Services for making revisions to drawings and specifications made necessary by the acceptance of substitutions proposed by the Contractor; and services after the award of each contract for evaluating and determining the acceptability of substitutions proposed by the Contractor. 16. Services resulting from significant delays, changes, or price increases caused directly or indirectly by shortages of materials, equipment, or energy. 17. 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 any Contractor, (3) acceleration of the progress schedule involving service beyond normal working hours, (4) default by any Contractor, and (5) failure of the Contractor to complete the work within the construction contract time. 18. Special services in connection with partial utilization of any part of the project by Owner prior to Substantial Completion which requires the Engineer to work additional hours or requires employment of additional onsite personnel. 19. Evaluation of unusually complex or unreasonably numerous claims submitted by the Contractor or others in connection with the work. 20. Review and analysis of claims for differing subsurface and physical conditions submitted by the Contractor or others in connection with the work. Page 13 of 15 21. Changes in the general scope, extent, or character of the project, including, but not limited to; a. Changes in size or complexity. b. Owner's schedule, design, or character of construction. c. Method of financing. d. Revision of previously accepted studies, reports, design documents, or construction contract documents when such revisions are required by changes in laws, 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. 22. Purchase of computers or software for use by Owner personnel. No Supplemental Services shall be performed by Engineer except by amendment to this Agreement. Page 14 of 15 Resolution No. 2008-RO100 ATTACHMENT B TO AMENDMENT NO. 4 TO CONTRACT FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Engineer: Black & Veatch Corporation Project: Water Resources Improvements Compensation For the services covered by Amendment No. 4 for Agreement to Engineering Services, the Owner agrees to pay the Engineer as follows; For all services described in Amendment No, 4 to Agreement for Engineering Services, an amount equal to the hours charged to the project times the appropriate rate from the attached schedule of hourly rates, plus reimbursable expenses at cost, plus subcontract billings times 1.10. The cost of the services shall not exceed $3,219,689 without prior authorization by the Owner. 2. It is understood and agreed: That the Engineer shall start the performance of the services listed below within ten (10) days of receipt of Notice to Proceed (NTP) and that the anticipated period of service is 42 months. That the Engineer shall keep records on the basis of generally accepted accounting practice of costs and expenses and which records shall be available to inspection at reasonable times. Rlchard/Black&Veach-4th Amend Page 15 of 15 City of Lubbock SEWRP Improvements Construction Phase Black & Veatch Rate Schedule Position Hourly Rate Principal in Charge $240 Project Manager $195 Engineering Manager $155 Civil Staff Engineer 5140 Electrical/I&C Engineer $180 Mechanical Engineer $165 Structural Engineer $165 Treatment Process Specialist $165 Operations/Startup Specialist $165 Resident Engineer $168 Field Inspector $110 Senior Engineering Technician $150 Project Accountant $105 Clerical $75