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HomeMy WebLinkAbout20-57 First Amendment to Plummer Associates Agmts 05-27-2020RESOLUTION N0. 20-57 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING THE FIRST AMENDMENT TO THE ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND PLUMMER ASSOCIATES, INC. WHEREAS, on December 11, 2019, the Town of Firestone ("Town") and Plummer Associates, Inc., entered into an Engineering Services Agreement regarding the St. Vrain Water Treatment Plan Project ("Project"), and WHEREAS, the Agreement provides that Plummer Associates, Inc., would provide the Town, Project design and construction management and site observation services; and WHEREAS, the Town now desires that Plummer Associates, Inc., provide full time Project construction observation and additional technical support services. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, The First Amendment to the Engineering Services Agreement between the Town of Firestone and Plummer Associates, Inc., is approved in substantially the same form as the copy attached hereto and made a part of this resolution and the Mayor is authorized to execute the First Amendment on behalf of the Town. INTRODUCED, READ AND ADOPTED this,?day of , 2020. TOWN OF FIRESTO , COLORADO ATTEST: FIRST AMENDMENT TO AN AGREEMENT BY AND BETWEEN THE TOWN OF FIRESTONE AND PLUMMER ASSOCIATES, INC. FOR ENGINEERING SERVICES THIS FIRST AMENDMENT T GINEERING SERVICES AGREEMENT is made and entered into effective as of the Q%day of , 2020, by and between the TOWN OF FIRESTONE, a Colorado municipal corporatio , hereinafter referred to as the "Town", and Plummer Associates, Inc., a Texas corporation, hereinafter referred to as the "Consultant" with reference to that certain Engineering Services Agreement between the Town and Consultant executed by the Town on December 11, 2019 and hereinafter referred to as the "Original Agreement." WHEREAS, In addition to design services, the Original Agreement Scope of Services included some construction management and site observation to be performed during the construction phase of the project, and; WHEREAS, the Town would like to have full time construction observation and to have additional technical support during the construction phase of the project, for which Consultant has provided a scope and budget, and: WHEREAS, based on the proposal for additional services provided by Consultant and the Town's desire to have these additional services provided, the Parties believe it to be in the best interest to amend the Original Agreement as set forth herein. NOW, THEREFORE, for good and valuable consideration, the Parties agree as follows: 1. Exhibit A of the Original Agreement is hereby amended to include the attached Exhibit Al — Additional Scope of Services that details the additional construction phase services to be provided and increases the not -to -exceed amount of the Original Agreement by $226,300.00 for a new total not4o-exceed amount of $815,300.00, 2. The Original Agreement, as herein amended by this First Amendment, is hereby ratified and confirmed and remains in full force and effect in accordance with its terms. 1 IN WITNESS WHEREOF, the Parties have executed this First Amendment to Engineering Services Agreement effective as of the day and year first above set forth. TOWN OF FIRESTONE, a Colo o Mun' al- 446 By: d Bobbi Sindelar, William as to Form: Town Attorney CONSULTANT: PLUMMER ASSOCIATES, INC. a Texas corporation, Digitally signed by Patrick O'Brien DN: C=US, By; E=pobden@plummer.com, Patrick len o="Plummer ssocates, Inc.", OU=Mountain West, CN=Patrick O'Brien Date: 2020.05.20 13:54:04-06'00' Print Name. Title: Principal 2 Attest: DigilaYy slgnen by Kelty Feamey KellFearne`' DN: C=US, E�cfeamey�epalenv.can, Y J CCNN=Kelly Feamey U=Mb Wes4 Attest: Dale: 2020.05.20 14:05:08-06'00• Print Name: Title: Project Manager Exhibit Al — Additional Scope of Services [See Following 5 Pages] 3 AMENDMENT TO AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND PLUMMER ASSOCIATES, INC. Amendment No. 1 The Effective Date of this Amendment is: Background Data: Effective Date of Owner -Engineer Agreement: December 26, 2019 Project: St. Vrain Water Treatment Plant Project Nature of Amendment: X Additional Services to be performed by Engineer X Modifications to services of Engineer Modifications to responsibilities of Owner X Modifications of payment to Engineer Modifications to times) for rendering services Modifications to other terms and conditions of the Agreement Description of Modifications: Summary Plummer will provide Resident Project Representative (RPR) services professional services based upon our understanding of the project and its objectives. Currently Plummer has an approved scope of services with the Town of Firestone for the 2020 calendar year including design phase services and part-time construction phase services; the construction phase scope includes office engineering and periodic (averaging 1 visit per week) construction phase site visits conducted as the Engineer deems necessary to observe construction to enable Engineer to better carry out their duties and responsibilities. These visits would not be used to determine if work is proceeding in accordance with the Construction Contract Documents. The services included in this scope of work include Resident Project Representative (RPR) services. RPR services are used to provide onsite representation of the Engineer and Owner during the Construction phase and to provide more extensive observation of the Contractor's work. The services for this amendment would begin in May 2020 through December 25, 2020 (consistent with the terms of the Agreement). Resident Project Representative (RPR) Services This amendment includes Resident Project Representative (RPR) services in accordance with EJCDC E-500, Agreement Between Owner and Engineer for Professional Services and in -particular Exhibit D Duties, Responsibilities, and Limitations of Authority of Resident Project Representative. Amendment No. 1 Amendment to Agreement Between The Town of Firestone and Plummer Associates, Inc. In summary, the duties are to: ■ Provide regular representation onsite, including field checks of materials and installed equipment and to provide further protection for Owner against defects and deficiencies in the Work. ■ Review and confirm progress schedule, shop drawings, schedule of values, and verification of completion of work included on pay applications. ■ Serve as onsite liaison between the Engineer's, Contractor, and Owner. ■ Receive from Contractor any request for information (RFI). Report to Engineer regarding such RFls. Report to Engineer when clarifications and interpretations of the Construction Contract Documents are needed, whether as the result of a Contractor RFI or otherwise. Transmit Engineer's clarifications, interpretations, and decisions to Contractor. ■ Receive and Review Samples and Contractor -approved Shop Drawings. ■ Consider and evaluate Contractor's suggestions for modifications to the Drawings or Specifications, and report such suggestions, together with RPR's recommendations, if any, to Engineer. Transmit Engineer's response (if any) to such suggestions to Contractor. ■ Review work for compliance with the Construction Contract Documents and report any defective work. ■ Verify inspections, tests, and system start-ups. ■ Maintain record of correspondence, conferences, and progress reports ■ Review applications for payment with 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. ■ Participate in issuance of Substantial Completion and Final Completion and review of punch list items. Exclusions and Assumptions 1) RPR services does not include geotechnical services; geotechnical services are typically included as an allowance in the Construction Contract. 2) RPR services do not include any lab or testing fees. 3) Resident Project Representative shall not. a) Authorize any deviation from the Construction Contract Documents or substitution of materials or equipment (including "or -equal" items). b) Exceed limitations of Engineer's authority as set forth in this Agreement. c) Undertake any of the responsibilities of Contractor, Subcontractors, or Suppliers, or any Constructor. d) Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of the Work, by Contractor or any other Constructor. e) Advise on, issue directions regarding, or assume control over security or safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor. f) Participate in specialized field or laboratory tests or inspections conducted off -site by others except as specifically authorized by Engineer. g) Accept Shop Drawing or Sample submittals from anyone other than Contractor. Amendment No. 1 Amendment to Agreement Between The Town of Firestone and Plummer Associates, Inc. Page 2 h) Authorize Owner to occupy the Project in whole or in part. Agreement Summary: Original agreement amount: $ 589,000.0U Net change for prior amendroents: $ 0.00 This amendment amount: $ 226,300.00 Adjusted Agreement amount: $ 815,300.00 Change in time for services (days or date, as applicable): None Attachments: 2020 Standard Rate Sheet Labor Fee Estimate The foregoing Agreement Summary is for reference only and does not alter the terms of the Agreement. The Town of Firestone and Plummer Associates, Inc. hereby agree to modify the above -referenced Agreement as set forth in this Amendment. All provisions of the Agreement not modified by this or previous Amendments remain in effect. OWNER: ENGINEER: Digitally signe y alrick O'Brien DN: C=US, E=pobrien@plummer.com, BY: BY: Qatr:ck n�Qr•i� O=�mmorAss,,..'atosp: e Print Print OU=Mountain West, CN=Patrick O'Brien r� a m e : name: Dale: 2020.05.20 13:55:02-06'00' Title: Date Signed: Title: Principal Date Signed: April 8, 2020 Amendment No. 1 Amendment to Agreement Between The Town of Firestone and Plummer Associates, Inc. Page 3 PLUMMER ASSOCIATES, INC. HOURLY FEE SCHEDULE 2020 Staff Description Staff Code 2020 Rate Admin Staff Al - A2 $ 90.00 Admin Staff III A3 $ 93.00 Senior Admin Staff A4 $ 120.00 Designer/Technician Cl-C2 $ 90.00 Designer/Technician III C3 $ 115.00 Senior Designer/Technician C4 $ 130.00 Construction Manager in Training CMIT CM1 $ 90.00 Construction Manager in Training II CM2 $ 105.00 Construction Manager in Training III CM3 $ 135.00 Construction Manager IV CM4 $ 145.00 Construction Manager V CM5 $ 165.00 Construction Manager CM6 $ 180.00 Senior Construction Manager CM7 $ 240.00 Principal Construction Manager CM8 $ 260.00 Resident Project Rep. I RR1 $ 80.00 Resident Project Rep, 11 RR2 $ 110.00 Resident Project Rep, III RR3 $ 130.00 Lead Resident Project Rep, RR4 $ 135.00 Field Tech I LS1 $ 75.00 Field Tech II LS2 $ 95.00 Survey Specialist I LS3 $ 105.00 Survey Specialist 11 LS4 $ 115.00 Survey Analyst LS5 $ 135.00 Chief of Parties LS6 $ 150.00 Engineer/Scientist Intern ESO $ 60.00 Eng inee r-in-Trainin /Scientist-i nJrain i ng ES1 $ 115.00 Eng inee r-in-Trainin /Scientistmi nmTrain i ng II ES2 $ 120.00 Engineer-in-Training/Scientist-in-Training III ES3 $ 125.00 Project Engineer/Scientist ES4 $ 145.00 Senior Project Engineer/Scientist ES5 $ 175.00 Project Manager ES6 $ 200.00 Senior Project Manager ES7 $ 240.00 Electrical Engineer in Training I EE1 $ 95.00 Electrical Engineer in Training II EE2 $ 120.00 Electrical Engineer in Training III EE3 $ 125.00 Electrical Specialist EE4 $ 145.00 Programmer EE5 $125.00 Programmer II EE6 $ 150.00 Senior Electrical Engineer EE7 $ 280.00 Principal ES8 - ES9 $ 305.00 Billing rates may be adjusted by up to 4 percent annually (at the beginning of each calendar year) during the term of this agreement. A multiplier of 1.15 will be applied to all direct expenses A technology charge will be billed at $5 per labor hour0 Fee Proposal Wednesday, April 8, 2020 1:17:58 PM Plummer Associates, Inc. Employee Name Resource Billing Rate Contract HourslUnits Plan: 2020-043.00 Firestone 2020 Addl Const Svs (R1) Project Management for Construction On -Site Observation for 2020 Baird, Taylor 140.00 145.00 20,300.00 Feamey, Kelly 140,00 200,00 28,000.00 Total for Project Management for Construction On=Slte Observation for 2020 200.00 172.50 409300,00 Construction On -Site Observation for 2020 Ortiz, Acacia 11248,00 105,00 1319040,00 Total Labor for 2020-043-00 1,528.00 117,37 17%340.00 TOTAL EXPENSES Isee breakdown below) Total Subconsultants 31,200.00 Total Relmbursables 15,755.02 GRAND TOTAL For 2020-043=00 226,295.02 SUBCONSULTANT EXPENSES Code Subconsultant Name Budget ($$)I Marku Fee ($$$) Subcontractor Fees JCD Engineering, Inc. 31,2001 11,001 310200 TOTAL SUBCONSULTANT EXPENSES 31,200 31,200 REIMBURSABLE EXPENSES Code Description Budget ($$) Markup] Fee ($$$) 5201.0 Mileage, Auto Expense 51300 1,15 61095 5202.0 Project Travel Expenses 81400 1,15 91660 TOTAL REIMBURSABLE EXPENSES 13,700 15,755 V7.6.709 (POBRIEN) - Copyright ©2019 Central Consulting Group. All rights reserved. CCG Version: v7.6.36.02 Page 1 of 1 Owner: D-510 — NOTICE OF AWARD (PART 2A: CONSTRUCTION PHASE SERVICES) Town of Firestone Contractor: Integrated Water Services, Inc. Engineer: Plummer Associates, Inc. Project: TO BIDDER: St. Vrain Water Treatment Plant Part 2A: Construction Phase Services: You are notified that Owner has accepted Part 2A of the Construction Phase eid dated May 15, 2020 for the above Contrast, and that you are awarded a VI Contract for: ., � 1 .. St. Vrain Water Treatment Plant (Describe Work, Alternates, or Sections of Work Awarded] The Contract Price includes: 1) Cost Plus Fee: a. Cost of Work Part 2A Base Bid (minus previous payments by Owner): $ 4,413,271 b. Cost of Work Part 2A Geotechnical Allowance: $ 92,000 c. Cost of Work Part 2A Contingency: $ 2421487 d. Cost of Work Part 2A Winter Contingency: $ 95,080 e. CMAR Fixed Fee Part 2A: $ 436,472 f. Part 2A Guaranteed Maximum Price to Owner for the Cost of the Work for including the Cost of Work and the Construction Manager at Risk's Fee will not exceed: $ 5,279,310 1 unexecuted counterparts of the Agreement accompany this Notice of Award, and one copy of the Contract Documents accompanies this Notice of Award or has been transmitted or made available to Bidder electronically. [revise if multiple copies accompany the Notice of Award] ® a set of the Drawings will be delivered separately from the other Contract Documents. You must comply with the following conditions precedent within 30 calendar days of the date of receipt of this Notice of Award: 1. Deliver to Owner I electronic counterparts of the Agreement, fully executed by Bidder. 2. Deliver with the executed Agreement(s) the Contract security (e.g., performance and payment bonds] and insurance documentation as specified in the Instructions to Bidders and General Conditions, Articles 2 and 6. FRSTN-0305 Page - 1 Construction Set -June 2020 EJCDC® D-510, Design -Build Notice of Award. Copyright ©2013 National Society of Professional Engineers for EJCDC. All rights reserved. Note: This document was developed based on EJCDCStandard Form Design and Construction Related Documents and has been modified as necessary. EJCDC retains all proprietary rights to these documents. 3. Other conditions precedent (if any): Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within 10 calendar days after you comply with the above conons, Owner will return to you one fully executed counterpart of the Agreement, together with any additional copies of the Contract Documents is indicated in Paragraph 2.02 of the General Conditions, OWNER Town of Firestone Owner's Narr� _ By: ure Date Title Copy: Engineer FRSTN-0305 Page - 2 Construction Set -June 2020 EJCDC® D-510, Design -Build Notice of Award. Copyright ©2013 National Society of Professional Engineers for EJCDC. All rights reserved. Note: This document was developed based on EJCDC Standard Form Design and Construction Related Documents and has been modified as necessary. EJCDC retains all proprietary rights to these documents.