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8.3 Supp Agr 1 WW Pump St 1&3 CITY OF SALINA REQUEST FOR COMMISSION ACTION DATE TIME 11/06/95 4:OO P.M. AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR NO. 8 AGENDA: Engineering & Utilities ITEM ~.~/~ ~ NO. 3 BY: Don Hoff BY:, Item Approval of a Supplemental Agreement No. ! for engineering services for the Rehabilitation of Wastewater Pump Stations No. ! and No. 3. Background A supplemental agreement for consulting engineering services has been submitted by Wilson and Company pertaining to the construction phase of the rehabilitation of two of our major wastewater pump stations. An agreement between the City of Salina and Wilson and Company for professional engineering services was signed July 10, 1995, providing for the design of these facilities. This project will involve the conversion of Wastewater Pump Stations No. 1 and No. 3 to submersible type stations. Construction work, due to the extended delivery time of the six (6) new submersible pumps/motors, is scheduled to be completed next October. Smok~ H~11, LLC was awarded the contract for this pro~ect on October 23, 1995. Wilson and Company's work will be divided into the following major phases: (a) Project Bidding Services (b) Construction Related Services (c) Resident Pro~ect Representative Services The fee schedule as shown in their proposed agreement includes both an estimated cost and fixed fee. The estimated cos~ of $45,150 is based on pro~ected costs incurred by Wilson and Company to provide the engineering services described in ~he agreement. The fixed fee of $7,200 shall be exactly the amount stated in the agreement. The total amount of compensation (actual costs plus fixed fee) for these three phases, however, shall not exceed $52,350, without further City Commission approval. Recommendation We have reviewed the Supplemental Agreement No. 1 as submitted b~ Wilson and Company and find that the scope of services to be provided will allow the two (2) pump stations to be rehabilitated 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 pro~ect representative services. A~achment: Supplemental Agreement No. 1 Resolution No. 95-4940 SUPPLEMENTAL AGREEMENT NO. 1 for PROFESSIONAL ENGINEERING SERVICES CITY OF SALINA, KANSAS and WILSON & COMPANY, ENGINEERS & ARCHITECTS Salina, Kansas THIS IS A SUPPLEMENTAL AGREEMENT, mad~ as of ,1995, between the CITY OF SALINA, KANSAS (OWNER), and WILSON & COMPANY, ENGINEERS & ARCHITECTS, with offices at 1700 East Iron Avenue, Salitm, Kansas (ENGINEER). WHEREAS: The STANDARD FORM OF AGREEMENT for PROFESSIONAL SERVICES between thc OWNER and the ENGINEER, dated 10 July 1995, set forth thc requirements for providing professional engineering services for Final Design of Wastewater Pump Stations No. 1 and 3 (PROJECT), and; WHEREAS: Thc OWNER desires to revise thc original scope of services to include Project Bidding Services, Construction-Related Engineering Services, and Resident Project Representative Services. Thc Operational Phase is included in the Construction-Related Engineering Services; and WITNESSE~: The OWNER and ENGINEER mutually agree that this SUPPLEMENTAL AGREEMENT No. 1 shall be subject to the provisions of the STANDARD FORM OF AGREEMENT FOR PROFESSIONAL SERVICES between the City of Salina, Kansas, and Wilson & Company, Engineers and Architects, dated 10 July 1995, and is hereby modified in accordance with the attached SUPPLEMENT No. 1. Supplemental Agreement No. 1 Page 1 of 6 IN WITNESS WHEREOF, the parties hereto have made and executed this SUPPLEMENTAL AGREEMENT NO. 1 as of the day and year first above written. OWNER: ENGINEER: City of Salina, Kansas Wilson & Company Engin~'rs & Architects Z/ 1700 E. Iron Avenue  ~'~//,,'7 Salina, Kansas 67401 Recommended By: ~ ,-~ - t Title: Director of Engineering & Utilities LaVene R. Brenden, Principal By: Title: A~est: Title: MAT/slg Supplemental Agreement No. 1 Page 2 of 6 SUPPLEMENT NO. 1 To the STANDARD FORM OF AGREEMENT between OWNER and ENGINEER for PROFESSIONAL ENGINEERING SERVICES dated 10 July 1995; To SECTION 1 - BASIC SERVICES OF ENG~ER, add the foHowin§: 1.5. Project Bidding. Tbe ENGINEER upon notificnfion from the OWNER to advertise for bid(s) shall assist the OWNER in receipt of bids. The following shall be provided by the ENGINEER: 1.5.1. The ENGINEER shaH assist the OWNER in notifying contractors and suppliers, through the Invitation to Bid, of the avnilability of the Bidding Documents. 1.5.2. The ENGINEER shaH furnish for distribution to nil interested Bidders who comply with specified procedures for securing Bidding Documents, up to 40 copies of the Drawings, Specifications and Bidding ~ hexdnat~ called Conlract Doctmaents. The ENGINEI~ shah ~ an accurate record of all Contract Documents hold6~'s and will receive and reimburse deposits. Additional copies of the Contract Documents in excess of the 40 specified shall be famished by ENGINEER for additional compensation. 1.5.3. The ENGINEER shah 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 shah attend the Bid opening and prepare bid tabulation sheets. 1.5.6. The ENGINEER shall assist the OWNER in evaluating the bids received and determining the lowest responsible bidder. 1.5.7. The ENGINEER shaH assist the OWNER in preparing the construction contracts. 1.5.8. The ENGINEER shah assist the OWNER in resolving protests that arise from the bidding process as a result of Contractor, subcontractor, suppliers or manufacturer's action. 1.5.9. The ENGINEER shaH no__it 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. Supplemental Agreement No. 1 Page 3 of 6 1.6. Construction-Related Engineering Services, The ENGINEER shall provide th~ following construction- related engineering services during the construction phase of the PROJECT. 1.6.1. Interpretation. During construction the ENGINEER's Project DirecWr or Project Engineer or Design Staff shall be available for interpretation of the Drawings and Specifications. 1.6.2. Preconstruction Conference. The ENGINEER shah provide representation for the OWNER at a preconstruction revi~sv conf¢~ace with the Contractor. Tbe review shall provide a listing of the necessary construction items ~ in th~ 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 shall review all Contractor submitted Shop Drawings, w~_,rrial samples, equipment drawings and other data submittals re~luired by the Contract Docmnents, but only for conformance with the design concept of the PRO,CT and compliance with the information given in the C~ntract Documems. Tho ENG~ 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 shaH be performed under Paragraph 1.7 - Contractor-Initiated Project Review Services. 1.6.4. Periodic Site Visitation. Thc ENGINEER shall conduct an on-site review of the construction work under progress at intervals of approximately twice per month. The ENGINEER shall 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.$. Substantial Completion Review. The ENGINEER shall, in conjunction with the OWNER, conduct one Substantial Completion Review to de, mine 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. 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, thc ENGINEER shall revise the original reproducible Drawings to reflect changes made during construction. The revisions shah be in accordance with information contained on marked-up field prints maintained by the Supplemental Agreement No. 1 Page 4 of 6 Contractor. The ENGINEER shall then file revised ~producible tracings and three sets of prints with the OWNER. 1.6.8. Facility Start-Up. The ENGINEER shah provide knowledgeable personnel to be present with manufacturer's representatives during on-site training and initial start-up of facility. 1.6.9. Responsibility of ENGINEER. The ENGINEER shall not be responsible for: 1) the means, methods, techniques, sequences or procedures of consUuffdon selected by the Contractor(s) or the safety precautions nnd programs incidental to the work of the Contractor(s); 2) the failure of the Contractor(s) to perform tho consm~on work in accordance with the Contract Docmnents; nor, 3) any acts or omi-~sions 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 Rt, view Services. The Project Manual of thc Contract Doctnnonts for the PROJECT, Getmad Cond~ons Subparagraph 6.23 ns modified by the Supplementary Conditions, requires thnt the Contrnctor 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 ns required by the Project. The ENGINEER will maintain separate records of time, materials and expenses for services rendered to respond to those Contractor-initiated services. The OWNER will pay for these services separately fi.om 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 ns described in the attached EXHIBIT A - A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE. EXHIBIT A is also included in the consuuction Contract Documents. The ENGINEER shaH assist the RPR with consultation, review of documents, submittals and other on-site activities as stated in I~H~IT A and ~ constn~on Com~ Documents. These service~ shall b~ rendered during the comtmction phase which shall commence on or about 4 December 1995 and shall be completed on or about 30 September 1996. The fee is based on 2 hours per day for 150 working days. Supplemental Agreement No. 1 Page 5 of 6 In SECTION $ - 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 Description Cost Fee Fixed Fee S~t~on 1.5. Project Bidding $5,.550 $600 $6,150 S~ion 1.6. Constm~on-R~lated Engineering S~rvi~s $23,600 $4,000 $27,600 Section 1.8 R~sid~nt Proj~t R~,-presentativ¢ S~n, ic~s $16,000 $2,600 $18,600 TOTAL PAYMENT ~ $7~00 $52_350 Supplemental Agreement No. 1 Page 6 of 6 .~. r~STI~G OFTHE DUI"I~_S, I~:_~PONSFSF~.FF~ES AND r I'~'F~.TION$ OF A. UTHoKrrY OFTHE I~:~qIDE/~ri' PRO~ECT REPRESENTATIVE ENGII'CEER shall furnish a Resident Proiect Representative (P.PR), assistants and other field staff to assist ENGINEt~ in observing perfo,..mnce of the Work of CONTRACTOR. .T~ou§h more extensive on-site observations of the Work in progress and field checks of materials and equipment by the RPR and assistants, ENGINEER shall endeavor to provide f-ru-ther prot .e~tion for OWNER against defects and deficiencies in the Work of CONTRACTOR; but, the furnishing of such services will not make ENGINEER responsible for or give F_~G~ control over co .nstruction means, method.s, techniques, sequences or procedures or for safety precautions or programs, or responsibility fgr CONII~CTOR's failure to perfor,,~ the Work in accorrt~nce with the Contract Documents. The duties and responsibilities of the RPR are limited to those of ENGINEER in ENGINEEt~'s agreement with the OWNER and in the construction Contract Documents, and are further l~mJ. ted. and desc=ibed as follows: A. General RPi?. is ENGINEER's agent at the site, w~I act as directed by and under the supervision of ENGINEER, and wRl confer with EN~ regarding RPR's actions. RPR's dealings in .. matters pertaining to the on-site work shall in general be with ENGINEER and CONTRACTOR keeping OWNER advised as necessary. RPR's d~llngs wi.th subcontractors shall only be through or with the full knowledge and approval of CO~CTOP,- RPP, shall generally communicate with OWNER with the kn6wledge of a_nd under the direction of ENGINEER. B. Duties and ResponslbRities of RPR 1. Schedules: Revie~ the progress schedule during consmiction and consult with ENGII'CEER concerning acceptability. 2. Con.tterences and Meeiings: Attend meetings with CO~CTOR, such as pre- cortst~-uction conferences, progress meetings, job conferences and other project- related meeting~, and prepare and cir,_ ~l~te copies of minutes thereof. 3. Liaison: a. Serve as ENGINEER's li~i~n with CONTRACTOR, working principally through CONTRACTOR's superintendent and assist in understanding the intent of the Contract Documents; and assist ENGINEER in serving as OWNER's liaison with CONTRACTOR when CONTRACTOR's operations affect OWNER's on-site operations... b. Assist i~ obtaining from OWNER additional details or information, when required for proper execution of the Work. 4. Shop Draz~ings and Samples: Advise ENGINEER and CON'rRA, CTOR of the commencement of any Work requiring a Shop Drawing or sample if the submittal has not been approved by ENGINEER. 5. R~o4~w of Work, Reje. aioa of Defective Worlc Inspections and Tats: a. Conduct on-~ite observations of the Work in ~rogress to assist ENGINEER in deteax~dning if the Work is in general proceeding in accordance with the Contract Documents. k Report to F.b!GINEER whenever RPR believes that any Work is' unsatisfactory, faulty or defective or does not 'conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGH'4EHR of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. c. Observe that ecraipment and systems st~r~ups, tests, and operating and maintenance training; are conducted in the presence of appropriate personnel, and that' CONTRACTOR maintains adequate. records thereof;, and observe, record and report to ENG~ appropriate detail; relative to the test procedures and startups. d. Accompany ~isiting inspectors representing public or other agendes having jurisdiction over the Project, record the results of these inspections and report to ENGINEER. 6. Intergrctm~n oJ: Contract.Docunum~: Report-to ENGINEHK when ~~om ~d inte~reta~o~ of ~e Con~= Do~en= are needed ~d t~t to CO~~OR ~~o~ ~ ~t~rem~o~ ~ ~ ~ ~G~ Z Modifi=~o~: Comid= ~d e~te COndOR's ~gg~fiom for m~m- " ENG~ T~t ~ CO~~OR d~o~ ~ ~ by ~~ 8. Re~rds: ~ ~~ at ~ ~b site ord~ly ~ for co~ond~ce, repo~ of job co~c~, ~op ~~ ~ ~pI~, reprodu~om of ofi~ ~n~ Do~~ ~~g ~ Work ~ve ~g~, Md~ ~ge O~, '~d O~,'ad~ffo~ ~~ ~m~ ~bs~t to ~e ~dn of ~e Con~a~, ~~'s ~~o~ ~d ~t~re~om of ~e ~n~ct D~~, pmk. ~, ~ o~ ~j~-~t~ d~~ k ~p a di,T or log ~ ~~g ~~~R ho~ on ~e ~b ~ w~ con~aom, ~ r~e ~ ~om of Work Dk~ve ~, ~ O~ or ~g~ con~o~, ~t of job ~te ~ito~, ~y a~~, d~io~, a Reco~ v~, ad~ ~d t~ephone n~b~ of ~ CO~~O~, ~n~m ~ ~r ~pH~ of ~t~l~ ~ ~pm~C 9. R~9~s: CO~~R's ~~ce ~ ~e pm~ ~~ k Co~t ~ ~~ ~ ~ce of ~ffi~ ~jor t~, ~p~om or s~ of ~~ p~ of ~e Wo~ a ~t pm~ ~e O~ ~d Work Dk~ve ~g~, Ob~i~g ba~p ~t~ ~m ~~~OR ~d ~omm~d' to ~~~ ~ge Offi~, & Rein ~~t~y m ~~ ~d OW~ u~n ~e o~ce of any A-2 10. Payment Requests: Review applications for payment w/th CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to ENGINEER, 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_ -t ll. Certificates, Mafntermnce and Operation Manuals: During the course of the Work,. observe that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually ins~lled and in accordance with approved submit~l$. 12. Completion: '-~' a. Participate in final inspection in the company of ENGINEER, OWNER and CONTRACTOR and pre .Ear~ a final List of items to be completed or ~orrected. tx Observe that ali items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. C. ~m~t~flons of : Resident. Project Representative 1. Shall not authorize any deviation from the Contract Documents or s~bstitufion of .. materials 'or equipment, unless authorized by ENG]Z,IE~ 2. $I~1I not exceecl llmit~tions of ~~'s authority as set forth in the Agreement or the Contract Doannents. ' 3. ShaI1 not undertake any of the resf~nsx'b~lities of CONI'I~CTOR, subcont~ctors or CONTRACTOR's s'~pei-[atenctent. 4. Shall not advise on, issue directions re2ative to or assume control over any aspect of the means, methods, technic/ires, sequences or procedures of construction unless such aetvice or directions are speS~]Iy required by the Contract D°cument.~ 5. Shall not advise 'on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 6. Shall not ~uthorize OWNER to occupy the Project in whole or in part. 7. Shall not participate in speelnlized field or laboratory tests or inspections conducted by others except as speci/i~lly authorized by ENGINEER.