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HomeMy WebLinkAbout22-93 Approving First Amendment Engineering Services Agreement Plummer Associates, Inc. 22-27-2022RESOLUTION NO.22-93 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, in December 2021 the Town of Firestone ("Town") and Plummer Associates, Inc., ("Plummer") entered into the 2022 Engineering Services Agreement ("Agreement") regarding the St. Vrain Water Treatment Plan Project ("Project"); and WHEREAS, the Agreement provides that Plummer will provide Project Engineering Services for the Town; and WHEREAS, Plummer requests that the Agreement be amended as a result of cost increases from processing requests for information, Safebuilt coordination, structural design, and project time delays requiring additional office engineering services and resident project representative services all of which either exceeded or were outside of Plummer's 2022 scope of services NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The First Amendment to the 2022 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 27th day of July, 2022. TC�}1GjT OFF TSTONE, COLORADO Drew Alan Peterson, Mayor nEST- Koenig, William?. Hayashi, TbVh Attorney FIRST AMENDMENT TO AN AGREEMENT BY AND BETWEEN THE TOWN OF FIRESTONE AND PLUMMER ASSOCIATES, INC. FOR ENGINEERING SERVICES THIS FIRST AMENDMENT TO CONSULTING SERVICES AGREEMENT is made and entered into effective as of the a1 M day of July 2022, by and between the TOWN OF FIRESTONE, a Colorado municipal corporation, 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 8, 2021 and hereinafter referred to as the "Original Agreement." WHEREAS, the Original Agreement Scope of Services included construction management and site observation to be performed during 2022 for the construction phase of the project, and: WHEREAS, Consultant has expended more time on some elements of the Scope of Services than reasonably anticipated, and: WHEREAS, Consultant has expended time on tasks outside of the Scope of Services directed by the Town, and: WHEREAS, based on the summary of costs 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: 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 S 389,072 for a new total not -to -exceed amount of S 674,430 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. IN WITNESS WHEREOF, the Parties have executed this First Amendment to Consulting Agreement effective as of the day and year first above set forth. Page - 1 m TOWN OF FIRESTONE, a Colo m Approved as to Form: W i I I i a m'fRra4yashi, o ttomey CONSULTANT: PLUMMER ASSOCIATES, INC. a Texas corporation. By: Attest: Patrick OBrien Date Title: Principal Kelly Feamey Date Title: Project Manager Page - 2 EXHIBIT Al — ADDITIONAL SCOPE OF SERVICES AMENDMENT NO. 1 1. The Effective Date of this Amendment is: May 1, 2022 2. Background Data: a) Effective Date of Owner -Engineer Agreement: b) Project: St. Wain Water Treatment Plant Project 3. Nature of Amendment: Additional Services to be performed by Engineer Modifications to services of Engineer Modifications to responsibilities of Owner X Modifications of payment to Engineer Modifications to time(s) for rendering services Modifications to other terms and conditions of the Agreement 4. Description of Modifications: The following work was completed on the project or is anticipated to be completed in 2022, and not anticipated in the originally scope and budget preparation. a) RFIs and Safebuilt Coordination The architectural subcontractor responded to multiple RFls and submittals including development of an alternative fire wall detail including multiple conference calls, a site visit, and development of the solution with approval by a third party for engineering judgement. The architect also provided additional coordination with the Engineer on questions from Safebuilt and the Contractor. The Mechanical Engineering subconsultant has assisted in multiple RFI responses and provided coordination with the Engineer to respond to Safebuilt comments and questions. In addition, multiple submittals were reviewed on the fire sprinkler system including additional coordination to address concerns with the high service pump station. The Structural Engineering subcontractor has responded to multiple RFIs including Page - 3 changes to the calcite contactors platform and monorail, design of fall protection at the flocculation basin, and concrete pavement details. The Engineer has provided additional coordination with Safebuilt and revisions to electrical drawings to address Safebuilt's requests and required design changes. Additional cost $16,702. b) Structural Desis rr The Structural Engineering subcontractor provided design of the light gate framing at the front and west side of the building. Per the Contract, the Contractor should have provided this design through the metal building supplier. Due to schedule constraints from the metal building supplier, the Engineer provided the design to help with the overall construction schedule. Additional cost $3,686. c) Project Time Delay-- Office Engineering Per the Contract documents and Change Order 01, Substantial completion was April 4, 2022 and Final Completion April 25, 2022. These were the dates utilized to build the budget for the original 2022 Engineering Services. This amendment accounts for an additional 6 months of office engineering through October 31" with project close-out occurring in November 2022. Additional cost $214,788. d) Project Time Delay —Resident Project Representative Per the Contract documents and Change Order 01, Substantial completion was April 4, 2022 and Final Completion April 25, 2022. These were the dates utilized to build the budget for a full time Resident Project Representative as included the original 2022 Engineering Services. This amendment accounts for an additional 6 months of full time RPR through Oct 31st with project close-out occurring in November 2022. Start-up assistant is estimated to include up to 80 hours of additional engineering assistance in conjunction with the RPR. Additional cost $153,896. 5. Exclusions and Assumptions a) None 6. Agreement Summary: a) Original agreement amount $ 285,358 b) Net change for prior amendments $ 0 Page - 4 e) This amendment amount $ 389,072 (1) RFIs and Safebuilt $ 16,702 (2) Structural Design $ 3,686 (3) Office Engineering $ 214,788 (4) RPR S 153,896 Adjusted Agreement amount $ 674,430 Change in time for services (days or date, as applicable): Construction Phase Services through Final Completion in October 2022 with Project Close-out in November 2022 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. Page 5