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HomeMy WebLinkAboutConsor North America, Inc (fka Murraysmith) - WWTP Improvements (Phase 2) PSA (#21237) - Amendment No. 3AMENDMENT NUMBER 3 to PROFESSIONAL SERVICES AGREEMENT WWTP Improvements — Phase 2 Project No. 21237 AGREEMENT NO.21-029 WHEREAS, the City and Consor North America, Inc. (formerly Murraysmith), entered into a Professional Services Agreement on 6/18/2021 to provide engineering services with respect to the Wastewater Treatment Plant (WWTP) Improvements project; and WHEREAS, the City and Consor North America, Inc., entered into Amendment No. 1 on 6/20/2022 to modify their original scope of work for professional and design engineering services with respect to the WWTP Improvements —Phase 2 project. WHEREAS, the City and Consor North America, Inc., entered into Amendment No. 2 on 9/25/2022 to modify their original scope of work for professional and design engineering services with respect to the WWTP Improvements —Phase 2 project. WHEREAS as the Phase 2 project progressed Consor North America, Inc. and City Staff have reached the need for construction support services; and WHEREAS, in order to carry out the intent of providing sufficient professional and design services of the WWTP Improvements — Phase 2 project the current Agreement needs to be modified to account for these additional services; and NOW, THEREFORE, this agreement is amended to allow Consor North America, Inc., to provide additional professional and design engineering services as described in Exhibit A. Scone of Work: See Exhibit A. 2. Fee: The compensation for the additional work is based on a Time & Materials Basis of $1,229,926.00, increasing the overall total authorization amount to $3,700,096.00. Time of performance: The services shall now be complete for the project on or before 12/31/2026. DATED THIS DAY OF L , 2023. CITY OF PASCO: City of Pasco Adam R. Lincoln — City Manager Amendment No. 3 to Professional Services Agreement Murraysmith WWTP Improvements — Phase 2 CONSULTANT Consor North America, Inc. Craig Anderson, PE — Principal Page I EXHIBIT A SCOPE OF WORK - AMENDMENT WWTP IMPROVEMENTS PHASE 2 ENGINEER OF RECORD CITY OF PASCO, WA Background The City of Pasco, Washington has been one of the fastest growing cities in the State of Washington and the nation over the last several years. To plan for the impacts of this growth on the municipal wastewater treatment plant (WWTP) and ensure it has adequate treatment capacity for the foreseeable future, a Facility Plan was recently completed. This report identified existing and projected future WWTP deficiencies through the year 2040 and developed a plan to address them. The Facility Plan was approved by the Washington State Department of Ecology (Ecology) in August of 2019. The Phase 1 improvements are nearing the end of construction. In 2021 and 2022, Consor (Consultant) designed the WWTP Improvements Project and Outfall Replacement 2B Project (Phase 2 Projects). The projects were bid in early 2023. Also, in early 2023, HDR Engineering Inc. (HDR) was selected to lead the Construction Management services. The work program described herein for Phase 2 Projects and the proposed budget both assume that the City of Pasco and HDR as the third -party Construction Manager will lead, manage, and oversee the construction phase. The phrase "The City' will be used hereafter to refer collectively to the City of Pasco and HDR. Consultant will have an active role in assisting The City to oversee and manage the construction of the Phase 2 improvements as described in the following Scope of Services. The following Scope of Services has four (4) different tasks and is for the Engineer of Record services during construction of the Phase 2 Projects only. Scope of Services Task 10 - Project Management WWTP Improvements 2A and Outfall Replacement 213 The objective of the Project Management task is to manage and monitor the status of the Consultant team's work. This task includes project invoicing and budget status tracking, the development of and updates to the Project Management Plan, a kick-off meeting, general communications and coordination with the Consultant's design team and The City, and other general administrative and project management activities. City of Pasco CONSOR WWTP Improvements Phase 2 FOR March 2023 1 Activities 10.1 Invoices/Progress Reports The project will be managed to maintain the scope, schedule, and budget. At a minimum, updates on project budget will be provided as part of the monthly invoicing process. Monthly invoices will include expenditures by task, hours worked by project personnel, and other direct expenses with the associated backup documentation. Monthly progress reports will accompany each invoice and include budget status (percent spent and budget remaining), summary of work accomplished, work anticipated in the next invoice, issues encountered and actions taken for their resolution or that still require project team action, and discussion of identified potential impacts to scope, budget, or schedule. 10.2 Project Management Plan A Project Management Plan (PMP) will be developed to guide the overall execution of the Consultant Team work and will include: a project overview and key understandings; organizational chart summarizing roles/responsibilities and contact information for all team members; project scope of work and schedule with a summary of key deliverables and milestone dates, Project Budget summary broken down by subtask and discipline; Project Safety Plan for Consultant's staff only; and a Quality Management Plan summarizing QA/QC procedures for all deliverables. 10.3 City and Team Coordination This task includes communications and coordination with The City and Design Engineers during construction not specifically called out in other tasks. This task is estimated on average three (3) hours of effort each week during 118 weeks of construction. As project manager, Mark Cummings as Single Point of Contract (SPOC), will lead and oversee project communications with The City and Consultant's team throughout the duration of the project, lead meetings and discussions, keep The City up to date on project issues and details and make sure The City's input is incorporated into the work product. As principal in charge, Craig Anderson will support Mark to ensure that this Scope of Work is completed. He will also act as secondary point of contact due to the scale of the project. Deliverables ■ Monthly invoice and progress report (PDF electronic format) ■ Kick -Off Meeting Notes/Action Item Summary (PDF electronic format) Assumptions ■ Project duration is anticipated to be no more than 30 months; therefore, it is assumed that there will be up to 30 progress payments/status reports. City of Pasco CONSOR WWTP Improvements Phase 2 FOR March 2023 2 G:\PN_BD\Clients\Pasco, City of\W WTP Facility Improvements 8-19\Contracting\Phase 2 Construction Engineering\SOW\Pasco WWTP SOW_Phase 2 EOR_02.16.2022.docx Task 11— Construction Phase Services WWTP Improvements 2A Consultant services during construction shall include the following sub -tasks. Activities 11.1 Kickoff, Pre -Construction and Weekly Construction Meetings A kick-off meeting will be held at the WWTP to review the project, introduce key Consultant team members to The City, review project goals and objectives, establish communication protocols, and discuss the project scope and schedule. A tour of the WWTP site will be conducted following the kickoff meeting to review the facility and start general discussions on critical elements or risk areas with The City from the design team's perspective. Attend Preconstruction Conference to answer questions regarding the contract documents by three (3) staff members. Attend weekly construction meetings with The City and the general contractor during active phases of construction and when requested by The City. The City will prepare agenda, make invitations, conduct the meetings, and distribute minutes to all attendees. Budget assumes that Consultant will attend and participate in weekly construction meetings by telephone or online meeting, unless onsite for other tasks. Up to 118 weekly meetings attended by two (2) staff is assumed. Each meeting is estimated to last 1.5 hours and require an additional 0.5 hours of follow-on work. 11.2 Coordination Meetings Priorto the beginning of two (2) major construction periods, prepare forand attend a construction coordination meeting with The City and the Consultant's design team staff. Up to two (2) onsite meetings attended in person by an average of four (4) staff is estimated for this task. The first meeting is assumed to cover Solids Handling Construction, including thickening, dewatering, centrate handling, and WAS pumping. The second meeting is assumed to cover UV modification constructions. 11.3 Schedules The City shall receive, review, monitor, and determine the acceptability of any and all schedules that Contractor is required to submit, including the Overall Progress Schedule, Schedule of Submittals, and Schedule of Values. Consultant shall assist The City by providing a secondary review of up to: ■ 12 Overall Progress Schedules ■ Two (2) Schedules of Submittals ■ Two (2) Schedules of Values City of Pasco CONSOR WWTP Improvements Phase 2 FOR March 2023 3 G:\PDX_BD\Clients\Pasco, City cf\W WTP Facility Improvements 8-19\Contracting\Phase 2 Construction Engineering\50W\Pasco WWTP SOW_Phase 2 EOR_02.16.2022.docx 11.4 Visits to Site and Observation of Construction In connection with observations of Contractors work while it is in progress, Consultant will make visits to the site and attend Project status meetings at intervals appropriate to the various stages of construction. These visits are anticipated to occur on average once per two month frequency. For budgeting purposes, a site visit roughly once every two (2) months on average is assumed for the observation of the progress and quality of Contractor's executed work by the Consultant. Up to 12 site visits attended by two (2) staff is estimated for this task with 12 hours of time spent per visit. Such visits and observations by Consultant are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress or to involve detailed inspections of Contractor's work in progress beyond the responsibilities specifically assigned to Consultant in this Scope of Services, but rather are to be limited to spot checking and similar methods of general observation of the work. Review of daily field inspection reports an average of one (1) hour per week during the 118 weeks of the project. 11.5 Request for Information — Clarifications and Interpretations Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of Contractor's work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. To ensure design intent is followed, Consultant will review up to 100 Requests for Information (RFIs) that The City responds to with an average of 0.5 hour per review. Consultant will process up to 100 RFIs with average of three (3) hours per RFI that Consultant responds to. 11.6 Change Orders and Change Proposal Requests, Field Orders, and Work Change Directives Review Change Orders, Change Proposal Requests, Field Orders, and Work Change Directives, as appropriate, and prepare Change Orders and Change Proposal Requests as required. Consultant will assist in the processing of up to a total 27 Review Change Orders, Change Proposal Requests, Field Orders, and Work Change Directives before substantial completion and one (1) before final completion. Actual preparation and processing response time may vary depending upon the complexity of the Change Order, Change Proposal Request, Field Order, or Work Change Directive. It is estimated that, on average, it will take eight (8) hours of effort for each. 11.7 Submittals, Shop Drawings and Samples Review and assign and action response in respect to Submittals, Shop Drawings and Samples, and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed City of Pasco CONSOR WWTP Improvements Phase 2 FOR March 2023 4 G:\PDX_BD\Clients\Pasco, City of\W WTP Facility Improvements 8-19\Contracting\Phase 2 Construction Engineering\SOW\Pasco W WTP SOW_Phase 2 EOR_02.16.2022.docx Project as a functioning whole as indicated by the Contract Documents. Such reviews and action taken will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. Consultant will process up to 100 initial submittal reviews with up to 50 additional resubmittals with an average of four (4) hours per submittal and two (2) hours per resubmittal. 11.8 Substitutes and "or -equal" Consultant will evaluate and determine the acceptability of substitute or "or -equal" materials and equipment proposed by Contractor. Consultant will process up to ten initial reviews with up to five (5) additional resubmittal reviews with an average of eight (8) hours each for substitute and "or - equal" submittals. 11.9 Contractor's Completion Documents Consultant shall review and provide comments as appropriate on maintenance and operating instructions, certificates of inspection, tests and approvals, and the annotated record documents. The City shall be responsible for receiving and reviewing schedules, guarantees, bonds, certificates, or other evidence of insurance required by the Contract Documents which are to be assembled by Contractor to obtain final payment. The extent of review by Consultant will be limited as provided in subtask 2.8. Engineer time for this task is estimated at 24 hours. 11.10 Start -Up Assistance Observe and provide technical assistance during the functional testing and startup of the Project. This will include two (2) major WWTP construction elements (Solids Handling and UV Disinfection) attended by an average of three (4) staff is estimated for this task. Additional work in the office is assumed to review start-up plans and other WWTP operational considerations. 11.11 Substantial Completion After notice from Contractor that Contractor considers the entire work ready for its intended use, in company with The City and Contractor, Consultant shall participate in a pre -final inspection to determine if the work is substantially complete. Consultant will review and comment on a draft checklist, punch list and walkthrough notes prepared by The City. If, after considering any objections of The City, Consultant considers the work substantially complete, Consultant shall recommend that The City prepare and deliver a Certificate of Substantial Completion to City and Contractor. Consultant will provide one (1) Project Substantial Completion inspection. 11.12 Final Notice of Acceptability of the Work In company with The City, Consultant shall conduct a final inspection to determine if the completed work of Contractor is acceptable so that Consultant may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Consultant shall also provide a Notice of Acceptability of work that the work is acceptable to the best of City of Pasco CONSOR WWTP Improvements Phase 2 FOR March 2023 5 G:\PDX BD\Clients\Pasco, City of\WWTP Facility Improvements 8-19\Contracting\Phase 2 Construction Engineering\SOW\Pasco WWTP SOW_Phase 2 EOR_02.16.2022.docx Consultant's knowledge, information, and belief and based on the extent of the services provided by Consultant under this Agreement. The City shall provide necessary certifications to any permitting authority regarding completion of the work in accordance with approved plans and specifications (e.g. — Ecology's Declaration of Construction Completion). Consultant shall not be responsible for the acts or omissions of any Contractor, or of any subcontractors, suppliers, or other individuals or entities performing orfurnishing any of the work. Consultant shall not be responsible forthe failure of any Contractorto perform orfurnish the work in accordance with the Contract Documents. 11.13 Operation and Maintenance Manual Component operation and maintenance (0&M) manuals and other product literature will be provided by Contractor during submittals prior to component and unit startup. To further support the start-up and operation of the new facilities, the Consultant will prepare and lead a new facilities operations overview presentation with the WWTP operators prior to the startup. Consultant will augment and modify the City's existing 0&M manual as needed to incorporate the changes made to the facility. No modifications to the format or sections of the existing C&M Manual not modified by this project will be made. Consultant will revise the manual based on one (1) round of comments received from Ecology and City operations staff. The manual modifications will include at a minimum: ■ Narrative and figures of operations and operating conditions for the WWTP Phase 2 Improvements. ■ WWTP Phase 2 Improvements equipment maintenance recommendations and requirements. ■ Manufacturers' literature identifying installation, operation, maintenance, handling, storage, assembly, and other pertinent equipment information for equipment, systems, subsystems, appliances, materials, finishes, and other material furnished and/or installed on the Project. Consultant will provide one (1) hard copy of the final 0&M Manual as well as electronic PDF file format copies of each. 11.14 Record Drawings Consultant shall prepare record drawings based on information provided by Contractor and The City. Provide one (1) full size hard copy of the completed record drawings to Washington Department of Ecology. Consultant shall also provide the completed record drawings in digital format on flash drive in both AutoCAD and PDF format. Budget is based on the quality, clarity, and City of Pasco CONSOR WWTP Improvements Phase 2 FOR March 2023 6 G.\PDX_BD\Clients\Pasco, City of\WWTP Facility Improvements 8-19\Contracting\Phase 2 Construction Engineering\50W\Pasco WWTP SOW_Phase 2 EOR_02.16.2022.docx extent of record drawing information from others require no more than 1.5 hours per sheet for modifications. 11.15 Asset List Consultant shall prepare Asset List from Phase 2 Improvements. Consultant shall prepare using City format. Deliverables ■ Review and Observation Comments (electronic) ■ Recommendations for issuance of substantial completion certificate ■ Draft and Final 0&M Manuals in hard copy and pdf format per subtask ■ Record Drawings in pdf, dwg, and hard copy format per subtask ■ Asset List (in City's preferred electronic format) Assumptions ■ The City will provide full time staff for construction management of the General Contractor's work. The responsibilities of The City for construction management are described below: o The City shall lead, and Consultant shall attend a preconstruction meeting with the Contractor and The City prior to the commencement of construction and prepare and distribute minutes. o The City shall perform the following tasks during the construction phase of the Project: ■ Act as the liaison between The City, Contractor, and Consultant. ■ Conduct weekly progress meetings; prepare and distribute minutes including distribution to Consultant for all meetings, regardless of whether Consultant attends said meetings. ■ Manage, compile, and review daily inspection and documentation reports including distribution to Consultant. ■ Manage, compile, and review special inspection and documentation reports including distribution to Consultant. ■ Review payment requests. ■ Coordinate with Consultant for processing of RFls, design interpretations, and/or changes. Receive Consultant's recommendations and prepare documents based on input from Consultant and The City. City of Pasco CONSOR WWTP Improvements Phase 2 FOR March 2023 7 G:\PDX_BD\Clients\Pasco, City of\WWTP Facility Improvements 8-19\Contracting\Phase 2 Construction Engineer ing\S0W\Pasco WWTP SOW —Phase 2 EOR_02.16.2022.docx ■ Coordinate with Consultant for processing of change requests. Provide Contractor's cost estimates to Consultant, negotiate with Contractor based on input from Consultant, and prepare final change order documentation based on input from Consultant and the City's Project Manager. ■ Lead and manage dispute resolution process seeking advice from Consultant as needed. ■ Prepare substantial completion notice and final punch list based on coordination and consultation with Consultant. ■ Prepare and issue final close-out documents based on coordination and consultation with Consultant. ■ The City shall ensure SRF requirements, Section 00 73 00 SRF Specification Insert, are properly followed and in place. ■ The City shall ensure that proper coordination efforts are in place between the Consultant, The City's field staff, the Contractor, and City staff. ■ The City shall conduct or cause to be conducted all material sampling, laboratory tests, and field and environmental quality assurance tests at each construction site at frequencies as required in the Contract Documents. The material testing and acceptance contractor will be contracted directly with City of Pasco. ■ The City shall review the Contractor's proposed baseline and monthly progress schedules for contract compliance and facilitate communication and coordination between Consultant and City. ■ The City shall prepare daily inspection reports and make such reports available to Consultant on a timely basis. ■ The City shall prepare monthly reports, and make such reports available to Consultant, on the Project addressing the Contractor's compliance with the project schedule, significant problems encountered or anticipated, a summary of major work completed during the current month and projected for the next month, and pending change orders and/or claims. ■ Consultant shall not, during visits to the site or as a result of the observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall Consultant have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by Contractor, for security or safety on the site, for safety precautions and programs incident to Contractor's work, nor for any failure of Contractor to comply with laws and regulations applicable to Contractor's furnishing and performing the work. Accordingly, Consultant neither guarantees the performance of any Contractor nor assumes responsibility for any City of Pasco CONSOR WWTP Improvements Phase 2 FOR March 2023 8 G:\PDX_BD\Clients\Pasco, City ot\W WTP Facility Improvements 8-19\Contracting\Phase 2 Construction Engineering\SOW\Pasco W WTP SOW Phase 2 EOR-02.16.2022.docx Contractor's failure to furnish and perform the work in accordance with the Contract Documents. ■ The City shall consult with the Consultant regarding disapproval or rejection of work believed to be defective, or that The City believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ■ The City shall consult with the Consultant as necessary to authorize minor variations in the work from the requirements of the Contract Documents which do not involve an adjustment in the contract price or the contract times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ■ The City shall consult with Consultant to prepare contract change orders to the Contract Documents for the Contractor and City's review and approval according to authority protocol agreed upon. ■ The City will provide existing 0&M Manual in an electronic file format (MS Word and 2018 AutoCAD). ■ Record Drawing information will be collected by The City and Contractor and provided in clearly written hand annotations to Consultant. ■ Upon City's request and upon completion of a signed modification to this amendment to cover additional scope and fee, Consultant shall furnish or obtain from others additional services of the types listed below at a fee mutually agreed to by both parties in such modification: o Additional or extended services during construction made necessary by (1) emergencies or acts of God endangering the work, (2) the presence at the Site of any constituent of concern, (3) work damaged by fire or other cause during construction, (4) a significant amount of defective, neglected, or delayed work by Contractor, (5) acceleration of the progress schedule involving services beyond normal working hours, or (6) default by Contractor. o Providing assistance in responding to the presence of any constituent of concern at the site, in compliance with current laws and regulations. o Evaluating claims submitted by Contractor or others in connection with the work. o Preparing to serve or serving as a consultant or witness for The City in any litigation, arbitration, or other dispute resolution process related to the Project. City of Pasco CONSOR WWTP Improvements Phase 2 FOR March 2023 9 G:\PDX_BD\Clients\Pasco, City of\WWTP Facility Improvements 8-19\Contracting\Phase 2 Construction Engineering\SOW\Pasco WWTP SOW Phase 2 EOR_02.16.2022.docx ■ Budget includes estimated allowances for printing, lodging, vehicle, and travel "Expenses" in Exhibit B. Task 12 — Construction Phase Services WWTP Improvements 213 Consultant services during construction shall include the following sub -tasks. Activities 12.1 Kickoff, Pre -Construction and Weekly Construction Meetings A kick-off meeting will be held at the WWTP to review the project, introduce key Consultant team members to The City, review project goals and objectives, establish communication protocols, and discuss the project scope and schedule. A tour of the Outfall site will be conducted following the kickoff meeting to review the facility and start general discussions on critical elements or risk areas with The City from the design team's perspective. Attend Preconstruction Conference to answer questions regarding the contract documents by three (3) staff members. Attend weekly construction meetings with The City and the general contractor during active phases of construction and when requested by The City. The City will prepare agenda, make invitations, conduct the meetings, and distribute minutes to all attendees. Budget assumes that Consultant will attend and participate in weekly construction meetings by telephone, unless onsite for other tasks. Up to 52 weekly meetings attended by two (2) staff is assumed. Each meeting is estimated to last 1.5 hours and require an additional 0.5 hours of follow- on work. 12.2 Risk Register A risk register is a tool in risk management and project management. It is used to identify potential and potential issues that can derail the project. The risk register is used during the execution of the project and is used to identify and track risk events, proactively manage potential outcomes and makes it easier for the Construction Management Team to collaborate on risks and to track their progress in real time. This process aims to collectively identify, analyze, and solve risks before they become problems, for example excavation of boulders and their relocation if needed. The risk register will be drafted in collaboration with the City's Construction Management Team prior to construction and updated if new items are identified. 12.3 Coordination Meetings Prior to the beginning of one (1) outfall major construction periods, prepare for and attend a construction coordination meeting with The City and the Consultant's design team staff. Up to one (1) onsite meetings attended in person by an average of three (3) staff is estimated for this task. City of Pasco CONSOR WWTP Improvements Phase 2 FOR March 2023 10 G:\PDX_BO\Clients\Pasco, City of\W WTP Facility Improvements 5-19\Contracting\Phase 2 Construction Engineering\SOW\Pasco WWTP SOW_Phase 2 EOR_02.16.2022.docx 12.4 Schedules The City shall receive, review, monitor, and determine the acceptability of any and all schedules that Contractor is required to submit, including the Overall Progress Schedule, Schedule of Submittals, and Schedule of Values. Consultant shall assist The City by providing a secondary review of up to: ■ 12 Overall Progress Schedules ■ Two (1) Schedules of Submittals ■ Two (1) Schedules of Values 12.5 Visits to Site and Observation of Construction In connection with observations of Contractor's work while it is in progress, Consultant will make visits to the site and attend Project status meetings at intervals appropriate to the various stages of construction. These visits are anticipated to occur on average at a quarterly frequency. For budgeting purposes, a site visit roughly once every two (2) months on average is assumed for the observation of the progress and quality of Contractor's executed work by the Consultant. Up to 6 site visits attended by two (2) staff is estimated for this task with 12 hours of time spent per visit. Such visits and observations by Consultant are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress or to involve detailed inspections of Contractor's work in progress beyond the responsibilities specifically assigned to Consultant in this Scope of Services, but rather are to be limited to spot checking and similar methods of general observation of the work. Review of daily field inspection reports an average of one (1) hour per week during the 52 weeks of the project. 12.6 Request for Information — Clarifications and Interpretations Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of Contractor's work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. To ensure design intent is followed, Consultant will review up to 40 Requests for Information (RFIs) that The City responds to with an average of 0.5 hour per review. Consultant will process up to 40 RFIs with average of three (3) hours per RFI that Consultant responds to. 12.7 Change Orders and Change Proposal Requests, Field Orders, and Work Change Directives Review Change Orders, Change Proposal Requests, Field Orders, and Work Change Directives, as appropriate, and prepare Change Orders and Change Proposal Requests as required. City of Pasco CONSOR WWTP Improvements Phase 2 FOR March 2023 11 G:\P0X_B0\Clients\Pasco, City of\W WTP Facility Improvements 8-19\Contracting\Phase 2 Construction Engineering\SOW\Pasco WWTP SOW_Phase 2 EOR_02.16.2022.docx Consultant will assist in the processing of up to a total 11 Review Change Orders, Change Proposal Requests, Field Orders, and Work Change Directives before substantial completion and one (1) before final completion. Actual preparation and processing response time may vary depending upon the complexity of the Change Order, Change Proposal Request, Field Order, or Work Change Directive. It is estimated that, on average, it will take eight (8) hours of effort for each. 12.8 Submittals, Shop Drawings and Samples Review and assign and action response in respect to Submittals, Shop Drawings and Samples, and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such reviews and action taken will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. Consultant will process up to 50 initial submittal reviews with up to 25 additional resubmittals with an average of four (4) hours per submittal and two (2) hours per resubmittal. 12.9 Substitutes and "or -equal" Consultant will evaluate and determine the acceptability of substitute or "or -equal" materials and equipment proposed by Contractor. Consultant will process up to five (5) initial reviews with up to two (2) additional resubmittal reviews with an average of eight (8) hours each for substitute and "or -equal" submittals. 12.10 Contractor's Completion Documents Consultant shall review and provide comments as appropriate on maintenance and operating instructions, certificates of inspection, tests and approvals, and the annotated record documents. The City shall be responsible for receiving and reviewing schedules, guarantees, bonds, certificates, or other evidence of insurance required by the Contract Documents which are to be assembled by Contractor to obtain final payment. Engineer time for this task is estimated at 40 hours. 12.11 Start -Up Assistance Observe and provide technical assistance during the functional testing and startup of the Project. This will include one (1) instance attended by an average of two (2) staff is estimated for this task. Additional work in the office is assumed to review start-up plans and other outfall operational considerations. City of Pasco CONSOR WWTP Improvements Phase 2 FOR March 2023 12 G:\PDX_BD\Clients\Pasco, City of\WWTP Facility Improvements 5-19\Contracting\Pha5e 2 Construction Engineering\SOW\Pasco WWTP SOW Ph— 2 EOR_02.16.2022.docx 12.12 Substantial Completion After notice from Contractor that Contractor considers the entire work ready for its intended use, in company with The City and Contractor, Consultant shall participate in a pre -final inspection to determine if the work is substantially complete. Consultant will review and comment on a draft checklist, punch list and walkthrough notes prepared by The City. If, after considering any objections of The City, Consultant considers the work substantially complete, Consultant shall recommend that The City prepare and deliver a Certificate of Substantial Completion to City and Contractor. Consultant will provide one (1) Project Substantial Completion inspection 12.13 Final Notice of Acceptability of the Work In company with The City, Consultant shall conduct a final inspection to determine if the completed work of Contractor is acceptable so that Consultant may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Consultant shall also provide a Notice of Acceptability of work that the work is acceptable to the best of Consultant's knowledge, information, and belief and based on the extent of the services provided by Consultant under this Agreement. The City shall provide necessary certifications to any permitting authority regarding completion of the work in accordance with approved plans and specifications (e.g. — Ecology's Declaration of Construction Completion). Consultant shall not be responsible for the acts or omissions of any Contractor, or of any subcontractors, suppliers, or other individuals or entities performing orfurnishing any of the work. Consultant shall not be responsible forthe failure of any Contractor to perform orfurnish the work in accordance with the Contract Documents. 12.14 Operation and Maintenance Manual Component operation and maintenance (O&M) manuals and other product literature will be provided by Contractor during submittals prior to component and unit startup To further support the start-up and operation of the new facilities, the Consultant will prepare and lead a new facilities operations overview presentation with the WWTP operators prior to the initial startup. Consultant will augment and modify the City's existing 0&M manual as needed to incorporate the changes made to the facility. No modifications to the format or sections of the existing O&M Manual not modified by this project will be made. Consultant will revise the manual based on one (1) round of comments received from Ecology and City operations staff. The manual modifications will include at a minimum: ■ Narrative and figures of operations and operating conditions for the WWTP Outfall Replacement Improvements. City of Pasco CONSOR WWTP Improvements Phase 2 FOR March 2023 13 G:\PDX_BD\Clients\Pasco, City cf\WWTP Facility Improvements B-19\Contracting\Phase 2 Construction Engineering\SOW\Pasco WWTP SOW Phase 2 EDR_02.16.2022.docx ■ WWTP Outfall Replacement Improvements equipment maintenance recommendations and requirements. ■ Manufacturers' literature identifying installation, operation, maintenance, handling, storage, assembly, and other pertinent equipment information for equipment, systems, subsystems, appliances, materials, finishes, and other material furnished and/or installed on the Project. Consultant will provide one (1) hard copy of the final O&M Manual as well as electronic PDF file format copies of each. 12.15 Record Drawings Consultant shall prepare record drawings based on information provided by Contractor and The City. Provide one (1) full size hard copy of the completed record drawings to Washington Department of Ecology. Consultant shall also provide the completed record drawings in digital format on flash drive in both AutoCAD and PDF format. Budget is based on the quality, clarity, and extent of record drawing information from others require no more than 3 hours per sheet for modifications. Deliverables ■ Review and Observation Comments (electronic) ■ Recommendations for issuance of substantial completion certificate ■ Draft and Final 0&M Manuals in hard copy and pdf format per subtask ■ Record Drawings in pdf, dwg, and hard copy format per subtask ■ Asset List (in City's preferred electronic format) Assumptions ■ The City will provide full time staff for construction management of the General Contractor's work. The responsibilities of The City for construction management are described below: o The City shall lead, and Consultant shall attend a preconstruction meeting with the Contractor and The City prior to the commencement of construction and prepare and distribute minutes. o The City shall perform the following tasks during the construction phase of the Project: ■ Act as the liaison between The City, Contractor, and Consultant. ■ Conduct weekly progress meetings; prepare and distribute minutes including distribution to Consultant for all meetings, regardless of whether Consultant attends said meetings. City of Pasco CONSOR WWTP Improvements Phase 2 FOR March 2023 14 G:\PDX_BD\Clients\Pasco, City of\WWTP Facility Improvements 8-19\Contracting\Phase 2 Construction Engineering\SOW\Pasco WWTP SOW Phase 2 EOR_02.16.2022.docx ■ Manage, compile, and review daily inspection and documentation reports including distribution to Consultant. ■ Manage, compile, and review special inspection and documentation reports including distribution to Consultant. ■ Review payment requests. ■ Coordinate with Consultant for processing of RFls, design interpretations, and/or changes. Receive Consultant's recommendations and prepare documents based on input from Consultant and The City. ■ Coordinate with Consultant for processing of change requests. Provide Contractor's cost estimates to Consultant, negotiate with Contractor based on input from Consultant, and prepare final change order documentation based on input from Consultant and the City's Project Manager. ■ Lead and manage dispute resolution process seeking advice from Consultant as needed. ■ Prepare substantial completion notice and final punch list based on coordination and consultation with Consultant. ■ Prepare and issue final close-out documents based on coordination and consultation with Consultant. ■ The City shall ensure SRF requirements, Section 00 73 00 SRF Specification Insert, are properly followed and in place. ■ The City shall ensure that proper coordination efforts are in place between the Consultant, The City's field staff, the Contractor, and City staff. ■ The City shall conduct or cause to be conducted all material sampling, laboratory tests, and field and environmental quality assurance tests at each construction site at frequencies as required in the Contract Documents. The material testing and acceptance contractor will be contracted directly with City of Pasco. ■ The City shall review the Contractor's proposed baseline and monthly progress schedules for contract compliance and facilitate communication and coordination between Consultant and City. ■ The City shall prepare daily inspection reports and make such reports available to Consultant on a timely basis. ■ The City shall prepare monthly reports, and make such reports available to Consultant, on the Project addressing the Contractor's compliance with the project schedule, significant City of Pasco CONSOR WWTP Improvements Phase 2 FOR March 2023 1s G:\PDX_BD\Clients\Pasco, City of\W WTP Facility Improvements 8-19\Contracting\Phase 2 Construction Engineering\SOW\Pasco WWTP SOW_Phase 2 EOR_02.16.2022.docz problems encountered or anticipated, a summary of major work completed during the current month and projected for the next month, and pending change orders and/or claims. ■ Consultant shall not, during visits to the site or as a result of the observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall Consultant have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by Contractor, for security or safety on the site, for safety precautions and programs incident to Contractor's work, nor for any failure of Contractor to comply with laws and regulations applicable to Contractor's furnishing and performing the work. Accordingly, Consultant neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform the work in accordance with the Contract Documents. ■ The City shall consult with the Consultant regarding disapproval or rejection of work believed to be defective, or that The City believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ■ The City shall consult with the Consultant as necessary to authorize minor variations in the work from the requirements of the Contract Documents which do not involve an adjustment in the contract price or the contract times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ■ The City shall consult with Consultant to prepare contract change orders to the Contract Documents for the Contractor and City's review and approval according to authority protocol agreed upon. ■ The City will provide existing 0&M Manual in an electronic file format (MS Word and 2018 AutoCAD). ■ Record Drawing information will be collected by The City and Contractor and provided in clearly written hand annotations to Consultant. ■ Upon City's request and upon completion of a signed modification to this amendment to cover additional scope and fee, Consultant shall furnish or obtain from others additional services of the types listed below at a fee mutually agreed to by both parties in such modification: o Additional or extended services during construction made necessary by (1) emergencies or acts of God endangering the work, (2) the presence at the Site of any constituent of concern, (3) work damaged by fire or other cause during construction, City of Pasco CONSOR WWTP Improvements Phase 2 FOR March 2023 16 G:\PDX_BD\Clients\Pasco, City of\W W7P Facility Improvements 8-19\Contracting\Phase 2 Construction Engineering\SOW\Pasco WWTP SOW Phase 2 EOR_02.16.2022.docx (4) a significant amount of defective, neglected, or delayed work by Contractor, (5) acceleration of the progress schedule involving services beyond normal working hours, or (6) default by Contractor. o Providing assistance in responding to the presence of any constituent of concern at the site, in compliance with current laws and regulations. o Evaluating claims submitted by Contractor or others in connection with the work. o Preparing to serve or serving as a consultant or witness for The City in any litigation, arbitration, or other dispute resolution process related to the Project. ■ Budget includes estimated allowances for printing, lodging, vehicle, and travel "Expenses" in Exhibit B. Task 13 —Additional Unanticipated, Urgent, or Special Services Consultant services during construction shall include the following sub -tasks. Activities 13.1 Overall Project Contingency With any large and complex project, the potential exists for additional effort to be expended that was not foreseen by the City staff or Consultant at the time of scoping. A number of tasks such as public involvement, facility assessments, schedule delays, urgent or critical activities, defective work assessments and additional evaluations required by City staff are potential sources of out - of -scope work. A contingency line item of $50,000 has been identified. This task will only be utilized upon authorization by the City. Deliverables ■ Specific deliverables will be developed upon authorization of task by the City. Assumptions ■ Contingency task will not be utilized without prior authorization by the City. ■ Specific assumptions will be developed upon authorization of task by the City. Budget The work covered under this scope of work will be billed on a time and materials basis at the billing rates for personnel working directly on the project, which will be made at the Consultant's Hourly Rates plus Direct Expenses incurred as updated annually (See Exhibit A for Consultant's current rate details). The overall budget estimate for this work is summarized in the table below. A detailed City of Pasco CONSOR WWTP Improvements Phase 2 FOR March 2023 17 G:\PDX_8D\Clients\Pasco, City of\WWTP Facility Improvements 8-19\Contracting\Phase 2 Construction Engineering\SOW\Pasco W WiP SOW Phase 2 EOR-02.16.2022.docx budget breakdown is provided in Exhibit B. Consultant will manage the work identified to the aggregate authorized budget amount, report budget status by task monthly, and not exceed the aggregate budget amount without prior written authorization from the City. The effort required for each task will be dependent on several factors out of the Consultant's direct control (number of RFIs, discovery of unforeseen conditions, number of change proposals, quality, and completeness of submittals, etc.). Therefore, the budgets associated with each task and overall will likely vary. Task 10 — Project Management 2A and 2B Construction $128,244 Task 11— Construction Phase Services OutfalI Replacement 2A $717,872 Task 12 — Construction Phase Services WWTP Improvements Phase_ 2B_ $333,809 Task 13—Additional Unanticipated, Urgent,_ or Special Services $50,000 TOTAL $1, 229,925 Project Schedule Consultant will make every effort to complete the work in a timely manner; however, it is agreed that consultant cannot be responsible for delays occasioned byfactors beyond its control, nor by factors that could not reasonably have been foreseen at the time this scope was executed. City of Pasco CONSOR WWTP Improvements Phase 2 FOR March 2023 18 G:\PDX_BD\Clients\Pasco, City of\W WTP Facility Improvements 8-19\Contracting\Phase 2 Construction Engineering\SOW\Pasco WWTP SOW_Phase 2 EOR_02.16.2022.docz EXHIBIT B WWTP IMPROVEMENTS PHASE 2 ENGINEER OF RECORD CITY OF PASCO, WA PROPOSED FEE ESTIMATE Task I I'miect Ma T. .. . �n������f��*�a����re-�r�������erss,-�r�■�Wa err ����rr�r����rr���� ��■�� ������� ����� �s����� ���������■��a�sa��