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8.4 Agr Supp 1 WW Pump 13 OF SALINA ' REQUEST FOR COMMISSION ACTION DATE ZIME 10/14/96 4:00 P.M. AGENDA SECTION: " ORIGINATING DEPARTMENT: APPROVED FOR NO. 8 · ' AGENDA: E:ngineering & Utilities NO. 4 BY: Don Hoff BY: Item Approval of a Supplemental Agreement No. 1 for engineering services for Wastewater Pump Station No. 13 and Force Main. Back~ound A supplemental agreement for consulting engineering services has been submitted by Wilson and Company pertaining to the construction phase of the rehabilitation of a major wastewater pump station located at 1095 W. Crawford. An agreement between the City of Salina and Wilson and Company for professional engineering services was signed January 23, 1995, providing for the design of this facility. " The project will involve the conversion of Wastewater Pump Station No. 13 to submersible type station and the installation of approximately 6,000 L.F. of 12" force main. Construction work, due to the extended delivery time of the three (3) new submersible pumps/motors, is scheduled to be completed next October. Smoky Hill, LLC was awarded the contract for this project on July 22, 1996. Wilson and Company's work will be divided into the following major phases: (a) Project Bidding Services (b) Construction Related Services (c) Resident Project Representative Services ... The fee schedule as shown in their proposed agreement includes both an estimated cost and fixed fee. The estimated cost of $45,150 is based on projected costs incurred by Wilson and Company to provide the engineering services described in the agreement. The fixed fee of $7,200 shall be exactly the mount stated in the agreement. The total amount of compensation (actual costs plus fixed fee) for above three phases, however, shall not exceed $52,350, without further City Commission approval. CITY OF SALINA ' REQUEST FOR COMMISSION ACTION ~ TIME 10/14/96 4:00 P.M. AGENDA SECTION: -' DRIGINATING DEPARTMENT: APPROVED FOR NO. · ' ' AGENDA: Engineering & Utilities NO. BY: Don Hoff BY: RecommendatiQn We have reviewed the Supplement Agreement No. 1 as submitted by Wilson and Company and find the scope of services to be provided will allow the pump station to be reconstructed and the force main to be installed in accordance with the approved contract documents. It is our recommendation, therefore, that the City Commission approve the attached Supplemental Agreement No. 1 as submitted, by Wilson and Company, in an amount not to exceed $52,350 for project bidding, construction related services, and resident project representative services. Attachment: Supplemental Agreement No. 1 Resolution Number 96-5073 SUPPLEMENTAL AGREEMENT NO. 1 for PROFESSIONAL ENGINEER/NG SERVICES between CITY OF SALINA, KANSAS and WILSON & COMPANY, ENGINEERS & ARCHITECTS Salina, I~Lansas THIS IS A/SUPPLEMENTAL AGREEMENT, made as of ,1996, between the CITY OF SALINA, KANSAS (OWNER), and WILSON & COMPANY, ENGINEERS & ARCHITECTS, with offices at 1700 East Iron Avenue, Salimt, Kansas (ENG--). WHE~AS: The STANDARD FORM OF AGREEMENT for PROFESSIONAL SERVICES between the OWNER and the ENGINEER, dated 23 January 1995, set forth the requirements for providing professional engineering services for Final Design of Wastewater Pump Station No. 13 and Force Main (PROJECT), and; WttEREAS: The OWNER desires to revise the original scope of services to add Project Bidding Services, Construction-Related Engineering Services, and Resident Project Representative Services. The Operational Phase is included in the Construction-Related Engineering Services, and; WITNESSETH: The OWNER and ENGINEER mutually agree that this sUPPLEMENTAL AGREEMENT No. 1 shall be subject to the provisions of the STANDARD FORM OF AGli~ FOR PROFESSIONAL SERVICES between the City of Salina, Kansas, and Wilson & Company, Engineers and Architects, dated 23 January 1995, and is hereby modified in accordance with the attached SUPPLEMENT No. 1. Supplemental Agreement No. 1 Page 1 of 6 IN WITNESS WI-IFREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. OWNER: ENGINEER: City of Salina, Kansas Wilson & Company, ~,/fi/P/P7/~/~ Engineers & Architects 1700 East Iron Avenue Recommended by: Salina, Kansas 67401 Title: Director of Engineering & Utilities By: By:~~'O~x~ Title: Attest: By: Title: MAT/slg Supplemental Agreement No. 1 Page 2 of 6 SUPPLEMENT NO. 1 To the A~ between OWNER and ENGINEER for PROFESSIONAL ENGII'~ERING SERVICES dated 23 January 1995; To SECTION 1 - BASIC SERVICES OF ENGINEER, add the following: 1.5. Project Bidding. The ENGINEER upon notification from the OWNER to advertise for bid(s) shaH assist the OWNER in receipt of bids. The following shall be provided by the ENGINEER: 1.5.1. The ENGINEER shall assist the OWNER in notifying contractors and suppliers, through the Invitation to Bid, of the availability of the Bidding Documents. 1.5.2. The ENGI/qEER shaH furnish for distribution to aH interested Bidders who comply with specified procedures for securing Bidding Documents, up to 40 copies of the Drawings, Specifications, and Bidding Documents hereinaRer called Contract Documents. The ENGINEER shall keep an accurate record of aH Contract Documents holders and will receive and reimburse deposits. Additional copies of the Contract Documents in excess of the 40 specified shaH be furnished by ENGINEER for additional compensation. 1.5.3. The ENGI/qEER shall prepare and issue addenda as required to modify the Bidding Documents before or after they have been issued to the Bidders. 1.5.4. The ENGINEER shall prepare a current opinion of probable Construction Cost for submission to OWNER at the Bid opening. 1.5.5. The ENGINEER shall attend the Bid opening and prepare bid tabulation sheets. 1.5.6. The ENGI/qEER shall assist the OWNER in evaluating the bids received and determining the lowest responsible bidder. 1.5.7. The ENGINEER shall assist the OWNER in preparing the construction contracts. 1.5.8. The ENGINEER shall assist the OWNER in resolving protests that arise from the bidding process as a result of Contractor, subcontractor, suppliers or manufacturer's action. Supplemental Agreement No. 1 Page 3 of 6 1.5.9. The ENGINEER shall not be responsible for disputes which may arise from the issuance by the OWNER, by the ENGINEER or by others, of partial sets of Drawings, Specifications and Bidding Documents. 1.6. Construction=Related Engineering Services. The ENGI2,~-EER shall provide the following construction-related engineering services during the construction phase of the PROJECT. 1.6.1. Interpretation. During construction the ENGINEER's Project Director or Project Engineer or Design Staff shah be available for interpretation of the Drawings and Specifications. 1.6.2. Preconstruction Conference. The ENGINEER shall provide representation for the OWNER at a preconstruction review conference with the Contractor. The review shaH provide a listing of the necessary construction items required in the Contract Documents as well as review the construction schedule or questions which the Contractor may have prior to construction. 1.6.3. Project Submittals. The ENGINEER shah review ah Contractor submitted Shop Drawings, material samples, equipment drawings, and other data submittals required by the Contract Documents, but only for conformance with the design concept of the PROJECT and compliance with the information given in the Contract Documents. The ENGINEER shall provide the OWNER and the Resident Project Representative (RPR) one set each of the submittals other than samples. Basic design services for project submittals include a maximum of three reviews per submittal. Additional services required for review to complete the submittal reviews shall be performed under Paragraph 1.7 - Contractor-Initiated Project Review Services. 1.6.4. Periodic Site Visitation. The ENGINEER shall conduct an on-site review of the construction work under progress at intervals of approximately twice per month. The ENGINEER shah provide additional on-site reviews of specialized construction work such as electrical, mechanical, controls, new equipment startups, and other specialized needs of the OWNER and RPR. 1.6.5. Substantial Completion Review. The ENGINEER shall, in conjunction with the OWNER, conduct one Substantial Completion Review to determine that portions of the PROJECT can be utilized by the OWNER. A written record of the Substantial Completion shall be filed with the OWNER along with certificate of Substantial Completion if so determined. Supplemental Agreement No. 1 Page 4 of 6 1.6.6. Final Review of Completed Construction. The ENGINEER shall, in conjunction with the OWNER and Kansas Department of Health & Environment (KDHE), conduct a final review of the completed work to assure compliance with the intent of the Drawings and Specifications. A written record of the final review shall be filed with the OWNER. 1.6.7. Record Drawings. Upon completion of the construction work and upon final Project approval, the ENGRqEER shall revise the original reproducible Drawings to reflect changes made during construction. The revisions shall be in accordance with information contained on marked-up field prints maintained by the Contractor. The ENGINEER shall then file revised reproducible tracings and three sets of prints with the OWNER. 1.6.8. Facility Start-Up. The ENGINEER shall provide knowledgeable personnel to be present with manufacturer's representatives during on-site training and initial start-up of facility. 1.6.9. Respons~3'flity of ENGINEER. The ENGI31EER shall not be responsible for: 1) the means, methods, techniques, sequences or procedures of construction selected by the Contractor(s) or the safety precautions and programs incidental to the work of the Contractor(s); 2) the failure of the Contractor(s) to perform the construction work in accordance with the Contract Documents; nor, 3) any acts or omissions of any Contractor(s), subcontractor(s), or their agents or employees or any other persons performing any of the work on the Project. 1.7. Contractor-Initiated Project Review Services. The Project Manual of the Contract Documents for the Project, General Conditions Subparagraph 6.23 as modified by the Supplementary Conditions, requires that the Contractor reimburse the OWNER for engineering costs incurred when the Contractor submits any shop drawing submittal more than three times. The ENGINEER shall perform the additional Project Review Services as required by the Project. The ENG~ will maintain separate records of time, materials and expenses for services rendered to respond to those ConUactor-initiated services. The OWNER will pay for these services separately from the costs and fees listed in Section - PAYMENT TO ENGINEER. 1.8. Resident Project Representative Services. During the construction of the PROJECT and upon authorization from the OWNER, the ENGINEER will furnish the Resident Project Representative (RPR). The RPR will provide the services as described in the attached Exhibit A - A Listing of the Duties, ResponsibtTities and Limitations of Authority of the Resident Project Representative. Exhibit A is also included in the construction Comract Documents. The ENGINEER shall assist the RPR with consultation, review of documents, submittals, and other on-site activities Supplemental Agreement No. 1 Page 5 of 6 as stated in Exhibit A and the construction Contract Documents. These services shah be rendered during the construction phase which shall commence on or about 1 October 1996, and shall be completed on or about 30 September 1997. The fee is based on 1 hour per day for 265 working days. In SECTION 5 - PAYMENTS TO ENGINEER, COST PLUS A FIXED FEE METHOD OF PAYMENT; Add the following to the Fee and Method of Payment schedule shown in paragraph 5.1.1.1: Project Estimated Fixed Cost Plus Descri_otion COSt Fee. Fixed Fee Section 1.5. Project Bidding $5,550 $600 $6,150 Section 1.6. Construction-Related Engineering Services 23,600 4,000 27,600 Section 1.8 Resident Project Representative Services 16.000 2,600 18,600 TOTAL PAYMENT $45,150 $7,200 $52,350 Supplemental Agreement No. 1 Page 6 of 6 EXttIBIT A A LISTING OF TH'E DUTIES, RESPON~~ AND ~ATIONS OF AUTHORITY OFTHE I~I=-qIDENT FRO]'ECT ~ATI'VE ENG~ shall hunish a Resident Project Representative (RPR), assistants and other field staff to assist I/NGINEI/R in observin§ pedormance of the Work of CONTRACTOR. Throu§h more extensive on-site observations of the Work in l~rogress and field checks of materials and equipment by the RPR and assistants, Ei~IGINEER shall endeavor to provide hlrther protection for OWNER a~ak, tst ddects and deficiencies in the Work of CONTRACTO~ but, the/umishin§ of such services will not make ENGINI/E'R responsible /or or ~ive l/lq~ control over construction means, methods, techniques, sequences or procedures or for safety, precautions or pro,rams, or responsibility for CONTRACTOR's failure to per/otto the Work in accor~=nce with the Contmc~ Documents. The duties and responsibilities of the RPR are limited to those of F.~IG~ in- F. NGINEI~'s agreement with the OWNER and in the construction Contract Documents, ~ are ftxrther limited axld described as follows: A. General RPR is EI~IGINKE~'s a§ent at the site, will aa as directed by and under the supervision of F. NG~, and will confer with F2q~ ~§ RPR's actions. RPR's dealings in matters pertainin§ to the on-site work shall in §eneral be with I/NGINEI/R and CON'II~CTOR ~§ OWNKR advised as necessary. RPR's ,.t_~:]ings with mbcontractors shall only be throu§h or ~ the full knowledge and approval of CONTRACTOR. RPR shall ~enerally communicate with OWNE3t with the knowled§e of and under the direction of I/NGINEt/R. B. Duties and Respox~'bilities af RPR 1. Schedules: Review the progress schedule during construction and consult with ENGINEI~ concerning acceptability. 2. Conf~rence. s a~d Meetings: Attend meetings with CONTRACTOR, tach as pre- construction conferences, progress mee.~ings, job conferences and other project- related meetings, and prepare and circulate copies of minutes thereof. 3. Liaison: a. Serve as F2q~'$ lini~on with CONTRA, CTOR, worldllg principally through CONTRACTOR's superintendent and assist in understanding the intent of the Contract Documents; and assist EN~ in serving as OWNI/R's liaison with CONTRACTOR when CONTRACTOR's operations affect OWNER's on-site operations. ix Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work. 4. Shop Dra~v/ngs and Sarrrple$: Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or sample if the submittal has not been approved by ENGINEER. From k'ICIXiNo, lglO-l-A (19~4 Edition) w~: ~.. c~,~. ~. ,, (..~ A-1 5. Rev/em o)~ Wot/c, Rejection of De[ective Wort, Inspections and Tests: a. Conduct on-site observations of the Work in progress to assist I/N~ in determining if the Work is in §eneml proceeding; in accordance with the Contract Documents. lz Report to I/I~IGINEER whenever RPR believes that any Work is tmsatisfactory, /aulty or defective or does not conform to the ConL~act Documents, or has been damagt~L or does not meet the requirements of any inspection, test or al~roval required to be mad~ and adVise EI~IGINEER of Work that RPR believes should be corrected or ~ed or should be uncovered/or observation, or requires special testing, impection or approval ¢ Observe that equipment and systems startups, tests, and operating and maintel~nce training are conducted in the presence of appropriate personnel, ax~cI that CONTRACTOR maintaix~s adequate records thereof;, and observe, r~cord and report to ENGINEER appropriate derails relative to the test procedures and - starmps. cl. Accompany visiting inspectors representing public or other agendes having jurisdiction Over the Project, i~:ord the remits of these inspections and report to 6. Int~ o/Conifer Doc~'r~ Report to ENGINEER when dariiimtions and interpretations of the Contract Documents are needed and transmit to CONS'RACTOR ~l=,iiications and interpretations as issued b~ EN~ 7. Molif~r.~ions: Consider and evaluate CO~CTOR's suggestions for modifica- tions in Dm~gs or Specifications and report with RPR's rc~:ommendations to ENGINI/ER. Tranm~t to CONTRACTOR decisions as issued by ENGINEER. a. Maintain at the job site orderly ties for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, · Field Orders, additional Drawings issued subsequent to the execution of the Contract, ]/~IGIHEER's clarfficafions and interpretations of the Contract Documents, pro~ reports, and other Project-r,,i:~ted documents. Iz Keep a ,,lt=,-y or log book, recording CONTRACTOR hours on the job site, weather conditions, data relative to qu,~tions of Work Directive Change, Change Orders or chan~ conditions, list of job site visitors, daily activities, decisions, observations in general and sped~ observatio~ in more detail as in the case of observing test pnx~lures; and send copies to ENGINEER. ¢ Record names, addresses and telephone numbers of all CONTRACTORS, subcon~rs and major mppliem of materi=i~ and equipment. 9. R~7~orts: - a. Fumi.sh ENGINEER periodic repons as required of progress of the Work and of CONTRACTOR's comp'=nce with the progress schedule. b. Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. c. Eh-aft proposed Change Orders and Work Directive Changes, obtaining backup material from CONTRACTOR and recommend to F2qGINEER Change Orders, Work ~ve Changes, and Field Orders. d. Report immediately to ENGINEER and OWNER upon the occurrence of any Adav~d Fr~= h'JCDCN~. IVl0-1-A a984 Edition) w~ ~....~. ~*. Jo~.*~ A-2 10. Pa~men~ Re. tluest~: Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to £NGINEER, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the WOrk 11. Ceftin, Maintenance and Operation Manuals: During the course of the Work,. observe that certi/icates, maintenance and operation manuals and other data required m be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with approved submit~i~. 12. Completion: a. Participate in final inspection in the company of EIq~ER, OWNER and CONTRACTOR and prepare a ti,al list of items to be completed or corrected. 1~ Observe tlmt all items on final list have been completed or corrected and make recommendations to ENGINEI~R concerning acceptance. C. Limitations ot Authority Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by 2. Sbsl! not exceed limitations of l~Nl~'s authority as set forth in the Agreement or the Contract Documents. 3. 5'hall not tmd~ any of the responsibilities of CONTRACTOR, subcontractors or CONTRACTOR's superintendent. 4. ~mil not advise on, issue directions relative to or assume control over any aspect of the m~ns, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Conuact Documenm 5. ~ not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work 6. ~ not authorize OWNER to occupy the Project in whole or in part. 7. ~ not participate in spe~n"~d field or laboratory tests or inspections conducted by others except as spetifican¥ authorized by ENGINE'ER. AcLas~ed r. rom E~'~ No. I~I0-1-A (1984 Edition)