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HomeMy Public PortalAboutAddendum No. 3 to Contract No. 28-2017 - Donahue & Associates - Evaluation of planning for treatment facilityADDENDUM NO.3 to CONTRACT NO.28-2017 as amended by Contract 28-2017 Amendments No. 1 and No. 2 THIS ADDENDUM, (Addendum No. 3 to Contract No. 28-2017, as amended by Contract 28-2017 Amendments No. 1 and No. 2) is made and entered into this ✓31' day of n CV.r,—M $XI R, , 2018, by and between Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners of the Richmond Sanitary District of the City of Richmond, Indiana, with its office at 50 North 5t' Street, Richmond, Indiana, .47374 (hereinafter referred to as "City"), and Donohue & Associates, Inc., 101 W. Ohio Street„ Suite 820, Indianapolis, Indiana 46204 (hereinafter referred to as "Contractor"). WHEREAS, City and Contractor entered into Contract No. 28-2017 on March 29, 2017, in which the Contractor was to provide City, in an amount not to exceed One Hundred Ninety - Five Thousand Dollars and No Cents ($195,000.00), engineering consultants to complete an evaluation, preliminary engineering and design related to aeration, roughing towers and intermediate clarification modification and improvements at :the Richmond Wastewater Treatment Plant, which was attached as Exhibit `B" to Contract No. 28-2017; and WHEREAS, Said Contract No. 28-2017 was modified on February 13, 2018, in Contract 28-2017 Amendment No. 1, in which Contractor was to provide City, in an additional amount not to exceed One Hundred Fourteen Thousand One Hundred Dollars and No Cents ($114,100), for a total amount due Contractor from City not to exceedThree Hundred Nine Thousand One Hundred Dollars and No Cents ($309,100.00), for evaluating handrails, grating and cement tunnels throughout the Richmond, Indiana Wastewater Treatment Plant, which was attached as Exhibit "B" to Contract 28-2017 Amendment; and WHEREAS, Said Contract No. 28-2017 was further modified on March 27, 2018, in Contract 28- 2017 Amendment No. 2, in which Contractor was to provide City, in an additional amount not to exceed One Hundred Eighty -Two Thousand'Five Hundred Dollars and No Cents ($182,500), for a total amount due Contractor from City in an amount not to exceed Four Hundred Ninety -One Thousand Six Hundred Dollars and No Cents ($491,600.00), to develop and evaluate alternatives that can both thicken waste activate sludge (WAS) and dewater anaerobically-digested sludge; to evaluate the condition of the concrete walls, ceiling and floor slab in the tunnels between the Rectangular Primary Clarifier Building and the Old Compressor Building and between the Old Compressor Building and the Anaerobic Digester Building; to prepare bidding documents for the selected alternative to both thicken WAS and dewater anaerobically-digested sludge; Addendum No. 3 to Contract No. 28-2017 Pagel of 3 y and for the Bid Phase Engineering Services for the thickening and dewatering improvements, which was -attached as Exhibit "A" to Contract 28-2017 Amendment No. 2; and WHEREAS, City is in need of additional work from Contractor to provide Construction Phase Engineering Services, including the design and recommendation for replacement WAS pumps, VFD's and controls, for the WWTP Sludge Thickening Improvements Project, all of which is set forth in Exhibit "A" and shall be for an amount not to exceed Ninety -Three Thousand Five Hundred Dollars ($93,500.00), for a total amount due Contractor from City not to exceed Five Hundred Eighty -Five Thousand One Hundred Dollars and No Cents ($585,100.00); and WHEREAS, City and Contractor agree to amend Contract No. 28-2017, Contract 28-2017 Amendments No. 1 and No. 2, for additional services as set forth in the "WHEREAS" above, with all other terms and covenants of Contract No. 28-2017, as amended in Contract 28-2017 Amendments No. 1 and No. 2, remaining intact and unchanged, except that there would be additional costs and expenses incurred by. Contractor in an amount not to exceed Ninety -Three Thousand Five Hundred Dollars ($93,500.00) for the additional services and expenses sought in this Addendum No. 3 to Contract No. 28-2017, as amended in Contract 28-2017 Amendment No. 1 and No. 2, for a total cost not to exceed Five Hundred Eighty -Five Thousand One Hundred. Dollars and No Cents ($585,100.00) for Contract No. 28-2017, as amended in Contract No. 28-2017 Amendments No. 1 and No. 2, and this Addendum No 3 to Contract No. 28-2017. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, including the above stated recitals, City and Contractor agree as follows: . The City and Contractor executed and entered into Contract No. 28-2017, on March 22, 2017. Pursuant to Contract No. 28-2017, Section XI. Miscellaneous, Contract No. 28-2017 may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes and signed by both parties. 2. Contractor, as set forth in Exhibit "A" to this Amendment No. 3 to Contract No. 28- 2017, as amended in Contract 28-2017 Amendments. No. 1 and No. 2, shall provide Construction Phase Engineering Services, including the design and recommendation for replacement WAS pumps, VFD's and controls, for the WWTP Sludge Thickening Improvements Project. a. The hourly rate and costs for Contractor's services, which were set forth in Exhibit `B" of Contract No. 28-2017, and later applied to Contract 28-2017 Amendment No. 1, apply as well to this Addendum No. 3 to Contract No. 28- 2017, and Contract No. 28-2017, along with Amendments No. 1 and No. 2 to Contract No. 28-2017, are hereby incorporated by reference and made a part hereof. Contractor's additional costs and expenses for the services provided in this Addendum No. 3 to Contract No. 28-2017, as amended by Amendments No. 1 and No. 2 to Contract No. 28-2017, shall not exceed Ninety -Three Thousand Five Hundred Dollars ($93,500.00), for a total of..Five Hundred Eighty -Five Page 2 of 3 Thousand One Hundred Dollars and No Cents ($585,100.00) for Contract No. 28- 2017 and Contract 28-2017 Amendments No. 1 and No. 2, and this Addendum No. 3 to Contract No. 28-2017. All funds for the services in Addendum No. 3 are from the Richmond Sanitary District, with no funds from the Storm Water Department. 3. Both City and Contractor acknowledge and agree that, other than what is set forth above in paragraph 2, the remainder of the terms, conditions and covenants in Contract No. 28-2017, as amended in Contract 28-2017 Amendments No. 1 and No. 2, shall remain intact and unchanged and shall continue to be in full force and effect. 4. Both parties agree that any person executing this Addendum No. 3 to Contract No. 28-2017, as amended in Contract 28-2017 Amendments No. 1 and No. 2, in a representative capacity warrants that he or she has been duly authorized in writing by his or her principal to execute this Addendum and such authorization has not been rescinded or revoked. IN WITNESS WHEREOF, this Addendum No. 3 to Contract No. 28-2017, as amended in Contract 28-2017 Amendments No. 1 and No. 2, is executed and approved by the undersigned representatives of the City and Contractor this day of N L z>01 n 8 Y� %' 2018, although signatures may be affixed on different dates. "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Sanitary Commissioners 4. By: ue Miller, President B Am s i, Vice -President By: re t ens, Member A APPROVED: . Sor Q]?lcZ7 d, Indiana Date: "CONTRACTOR" DONOHUE & ASSOCIATES, INC. By: _ A-95�vl Pr ed: J es I. Hurst Title: Vice President Date: Page 3 of 3 D:1)D0N0HUE AMENDMENT NO. 3 to CONTRACTORING SERVICES AGREEMENT Wastewater Treatment Plant Secondary Treatment Systems Evaluation and Facility Plan (Project) Original Agreement Executed: April 10, 2017 This Amendment is by and between: City of Richmond, Indiana (CITY) By and through its Board of Sanitary Commissioners 2380 Liberty Avenue Richmond, Indiana 47374 And, Donohue & Associates, Inc. (CONTRACTOR) 101 West Ohio Street, Suite 820 Indianapolis, IN 46204 Who agree to amend the original Agreement, as follows: EXHIBIT 13, PART I —A. PROJECT DESCRIPTION The description of the proposed WWTP systems and evaluation tasks that the facility planning effort is to focus upon has been modified to include the following additional WWTP systems and engineering tasks: 16. Construction Phase Engineering Services for the Sludge Thickening Improvements Project identified in Agreement Amendment No. 2, Exhibit B, Part 1, A.14 and A.15. 17. Design Engineering Services during the Construction Phase of the Thickening Project to design and recommend for District replacement waste activated sludge (WAS) pump(s), associated variable frequency drive (VFD) unit(s), and modifications to the existing control system. EXHIBIT B, PART I — B. SCOPE OF SERVICES The engineering scope of services have been modified to include the following additional activities: 8. Sludge Thickening Construction Phase Services a. General Administration of Construction Contract. Consult with. CITY and act as CITY's representative as provided in the General Conditions of the Contract Documents included in EXHIBIT'A' - Page 1 of 9 Addendum No. 3 to Contract 28-2017 the Project Manual. The extent and limitations of the duties, responsibilities and authority of the CONTRACTOR as assigned in said General Conditions shall not be modified, except as CONTRACTOR and CITY may otherwise agree.in writing. All of CITY's instructions to the construction contractor will be issued through CONTRACTOR, who shall have authority to act on behalf of CITY in dealings with construction contractor to the extent provided in this Agreement and said General Conditions except as otherwise provided in writing. b. Contract Documents Distribution. Furnish to construction contractor up to four (4) printed copies of the Project Manual and half -scale orfull-scale Drawings plus one copy of the Project Manual and Drawings in electronic portable document format (PDF). Also provide construction contractor with four (4) printed copies and a PDF copy of addenda issued during the bid phase. Additional printed copies will be furnished to the construction contractor upon request at the cost of reproduction. This Agreement does not include conforming the Contract Documents for construction by conforming the bid documents with addenda issued during the bid phase, but rather providing bid documents and addenda separately. If requested by the construction contractor, one set of drawings in AutoCAD electronic format will be provided to the construction contractor. Electronic files will be delivered upon receipt of a signed disclaimerform by the construction contractor and signed CITY release. Furnish to the CITY up to three (3) additional printed copies and a PDF copy of the Project Manual, half -scale Drawings and addenda issued during the bid phase. c. Pre -Construction Conference and Progress Meetings. Attend and conduct a Pre -Construction Conference for the Project prior to commencement of work at the Project site. Attend up to eight (8) monthly construction progress meetings in addition to the pre -construction meeting when construction work is progressing on site, to be conducted by the construction contractor. CONTRACTOR is to prepare and distribute minutes for Pre -Construction Conference, and construction contractor is to prepare and distribute all progress meeting minutes. d. Visits to Site and Observation of Construction. Perform the following services in connection with observations of construction contractor's work in progress when attending construction progress meetings: 1) Make visits to the Project Site on days of monthly construction progress meetings in order to observe as an experienced and qualified design/construction professional the progress and quality of the Work. Such visits and observations by CONTRACTOR are not intended to be exhaustive or to extend to every aspect of construction contractor's work in progress or to involve detailed inspections of construction contractor's work in progress beyond the responsibilities specifically assigned to CONTRACTOR in this Agreement and the Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on CONTRACTOR's exercise of professional judgment. Based on information obtained during such visits and such observations, CONTRACTOR will determine in general if construction contractor's work is proceeding in accordance with the Contract Documents, and CONTRACTOR shall keep CITY informed of the progress of the Work. Page 2 of 9 EXHIBIT'A' - Page 2 of 9 Addendum No. 3 to Contract 28-2017 2) The purpose of CONTRACTOR's visits at the Project site will be to enable CONTRACTOR to better carry out the duties and responsibilities assigned to and undertaken by CONTRACTOR during the Construction Phase; and in addition, by the exercise of CONTRACTOR's efforts as an experienced and qualified design/construction professional, to provide for CITY a greater degree of confidence that the completed Work will conform in general to the Contract Documents and that the integrity of the design concept of the Project as a functioning whole as indicated in the Contract Documents has been implemented and preserved by construction contractor. CONTRACTOR shall not, during such visits or as a result of such observations of construction contractor's work in progress, supervise, direct, or have control over construction contractor's work, nor shall CONTRACTOR have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by construction contractor, for safety precautions and programs incident to construction contractor's work, or for any failure of construction contractor to comply with Laws and Regulations applicable to construction. contractor's furnishing and performing the Work. Accordingly, CONTRACTOR neither guarantees the performance of construction contractor nor assumes responsibility for construction contractor's failure to furnish and perform its work in accordance with the Contract Documents. e. Defective Work. Recommend to the CITY that construction contractor's work be disapproved . and rejected while it is in progress, if on the basis of such observations, CONTRACTOR believes that such work will not produce a completed project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the completed. Project as a functioning whole as indicated in the Contract Documents. f. Clarifications and Interpretations, Request for Information Forms, and Field Orders. Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of construction contractor's work. CONTRACTOR may issue Field Orders authorizing minor variations from the requirements of the Contract Documents. g. Change Orders, Work Change Directives and Request for Proposals. Prepare Change Orders, Work Change Directives and Requests for Proposals and recommend Change Orders and Work Change Directives to CITY for approval by CITY as required. In addition, CONTRACTOR shall prepare all documentation that appropriate governmental authorities having jurisdiction over the project may require for review and approval of the Change Orders. h. Shop Drawings and Samples. Review and approve or take other appropriate action in respect to Shop Drawings and Samples .and other data that construction contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of completed Project as a functioning whole as indicated in the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. Page 3 of 9 EXHIBIT'A' - Page 3 of 9 Addendum No. 3 to Contract 28-2017 i.. Manufacturer O&M Manuals. Review submitted manufacturer O&M manuals for compliance. with contract document requirements. After the O&M manuals are determined to be acceptable, they will be transmitted to the CITY. j. Substitutes and "or -equal." Evaluate and determine the acceptability of substitute or "or - equal" materials and equipment proposed by construction contractor. k. Inspections and Tests. Witness special inspections or tests of construction contractor's work required by the Contract Documents. Receive and review all certificates of inspections, tests; and approvals required by Laws and Regulations orthe Contract Documents. CONTRACTOR's review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. CONTRACTOR shall be entitled to rely on the results of such tests. I. Disagreements between CITY and construction contractor. Render formal written decisions on all claims of CITY and construction contractor relating to the acceptability of construction contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of construction contractor's work. In rendering such decisions, CONTRACTOR shall be fair and not show partiality to CITY or construction contractor, and shall not be liable in connection with any decision rendered in good faith in such capacity. m. Applications for Payment. Based on CONTRACTOR's observations as an experienced and qualified design professional and on review of applications for payment and accompanying supporting documentation from construction contractor, CONTRACTOR shall: 1) Determine the amounts that CONTRACTOR recommends that construction contractor be paid. Such recommendations of payment will be in writing and will constitute CONTRACTOR's representation to the CITY, based on suchobservations and review to the best of CONTRACTOR's knowledge, information and belief, that construction contractor's work has progressed to the point indicated, the quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and to any other qualifications stated in the recommendation), and the conditions precedent to construction contractor's being entitled to such payment appear to have been fulfilled in so far as it is CONTRACTOR's responsibility to observe construction contractor's work. In the case of unit price work, CONTRACTOR's recommendations of payment will include final determinations of quantities and classifications of construction contractor's work (subject to any subsequent adjustments allowed by the Contract Documents). 2) By recommending any payment, CONTRACTOR shall not thereby be deemed to have represented that observations made by CONTRACTOR to check the quality or Page 4 of 9 EXHIBIT'A' - Page 4 of 9 Addendum No. 3 to Contract 28-2017 quantity of construction contractor's work as it is performed and furnished have been exhaustive, extended to every aspect of construction contractor's work in progress, or involved detailed inspections of the work beyond the responsibilities specifically assigned to CONTRACTOR in this Agreement and the Contract Documents. Neither CONTRACTOR's review of construction contractor's work for the purposes of recommending payments nor CO'NTRACTOR's recommendation of any payment including final payment will impose on CONTRACTOR responsibility to supervise, direct, or control construction contractor's work in progress orforthe means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or construction contractor's compliance with Laws and Regulations applicable to construction contractor's furnishing and performing the work. It will also not impose responsibility on CONTRACTOR to make any examination to ascertain how or for what purposes construction contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the work in progress, materials, or equipment has passed to the CITY free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between the CITY and construction contractor that might affect the amount that should be paid. Priorto recommending payment requests from construction contractorto the CITY for payment, the CONTRACTOR shall require lien waivers from prior payment applications from construction contractor. n. Instrumentation and Control (I&C) Verification Services 1) Attend factory testing for process control system programmable logic controller (PLC) panel at system supplier's facility priorto shipment. Inspect panel for general conformance to specifications, test input and output signal functionality and assist process control system programmer in offsite functional testing. 2) Attend on -site field testing of process control system PLC panel after installation to check input and output signal wiring. Verify process control system programming meets requirements of functional descriptions. o. Construction Contractor's Completion Documents. 1) Receive and review maintenance and operating instructions, schedules, and guarantees. 2) Receive bonds, certificates, or other evidence of insurance not previously submitted and required by the Contract Documents, certificates of inspection, tests and approvals, Shop Drawings, Samples and the annotated record documents, which are to be assembled by construction contractor in accordance with the Contract Documents to obtain final payment. 3) CONTRACTOR shall transmit these documents to CITY. Page 5 of 9 EXHIBIT'A' - Page 5 of 9 Addendum No. 3 to Contract 28-2017 p. Substantial Completion. Promptly after notice from construction contractor that the . construction contractor considers the entire Work ready for its intended use, in company with CITY and construction contractor, conduct an inspection to determine if the Work is Substantially Complete. CONTRACTOR shall prepare a list of any observed deficiencies during the inspection. At the direction of the CITY, CONTRACTOR shall prepare and deliver a . certificate of Substantial Completion to CITY and the construction contractor. q. Startup and Training Services 1) Training by the equipment manufacturers will be scheduled to take place prior to, or during, system demonstrations. 2) Prepare startup plan as applicable to coordinate the responsibilities of the construction contractor and the CITY at the time when construction is substantially complete. Submit the startup plans to the CITY and construction contractor for review. Respond to questions and incorporate recommended changes into the startup plan. 3) Provide engineering assistance for the thickener manufacturer performing the check-out and startup of the thickening system. r. Final Notice of Acceptability of the Work. Conduct a final inspection to determine if the. completed Work of construction contractor is acceptable so that CONTRACTOR may recommend, in writing, final payment to construction contractor. Accompanying the recommendation for final payment, CONTRACTOR shall also provide a notice that the Work is acceptable to the best of CONTRACTOR's knowledge, information, and belief based on the extent of the services provided by CONTRACTOR under its Agreement with the CITY. s. Record Documents. Receive and review annotated record documents from construction contractor, which are to be assembled by construction contractor in accordance with the Contract Documents to obtain final payment. Prepare Record Drawings showing appropriate record information based on the project annotated record documents received from the construction contractor. The completed Record Drawing deliverables for Project shall include up to two (2) full-size or half-size printed paper sets and an electronic set in PDF format. t. Limitation of Responsibilities. CONTRACTOR shall not be responsible for the acts or omissions of construction contractor, or of any of its subcontractors, suppliers, or of any other individual or entity performing or furnishing any of the Work. CONTRACTOR shall not be responsible for failure of construction contractor to perform or furnish the Work in accordance with the Contract Documents. u. Since the CONTRACTOR's Project Engineer will be visiting the Project Site on a monthly basis to attend up to eight (8) Progress Meetings when field work is progressing to observe the progress and quality of the work, no Resident Project Representative Services are proposed for this Project. Page 6of9 EXHIBIT'A' - Page 6 of 9 Addendum No. 3 to Contract 28-2017 9. Design Engineering Services during the Construction Phase of the Thickening Project a. Perform design calculations, size, and recommend WAS pump(s) for a capacity of 200 gpm to feed the new Rotary Drum Thickener (RDT) for WAS Thickening. b. Size variable frequency drive (VFD) unit(s) for the WAS pumps to enable variable speed capacity from 100 to 200 gpm of WAS to the new RDT process. c. Develop a process -mechanical Drawing to show in plan and section views the WAS pump(s) replacement in the Existing Sludge Pump and Metering Building (SPMB) basement and other piping modifications required for the installation. d. Develop a combined electrical and instrumentation drawing of the SPMB basement for the WAS pump(s) replacement, VFD, and instrumentation installation. e. Develop a process and instrumentation diagram (P&ID) drawing to indicate all required instrumentation and control needed for the modified WAS Pump System. f. Develop a functional requirements specification on the programming modifications required in the existing SPMB Control Panel for the new WAS Pump process. g. Provide recommendations and guidance needed for the City to purchase and install the new WAS pump(s), VFD(s), and modifications for the existing control panel. Exhibit B, Part I — C. Project Timing 1. CONTRACTOR shall be authorized to commence the Services set forth herein upon execution of this Agreement Amendment. The bid opening for the Sludge Thickening Improvements Project is scheduled to be September 11, 2018 with construction contractor award anticipated on September 25, 2018. The Thickening Project construction duration is 8 months to Substantial Completion and 9 months to Final Completion of construction. The design engineering task during construction are anticipated to commence upon execution of this Agreement, and be complete within 2 months. A schedule based on an anticipated start date in September, 2018, is a follows: • Design Engineering Services During Construction - October through November, 2018 • Thickening Project Construction Engineering— October, 2018 through June, 2019 2. Project schedule above is considered independent of schedule listed in original Agreement. Exhibit B, PART III — COMPENSATION, BILLING AND PAYMENT Add the following paragraphs to the Original Agreement PART III, which addresses the change in compensation due to the additional scope of services included in this Agreement Amendment: E. Compensation for the services set forth in Part I of this Agreement Amendment shall be increased $93,500 over the $491,600 maximum total cost of services established by the Page 7 of 9 EXHIBIT'N - Page 7 of 9 Addendum No. 3 to Contract 28-2017 previously approved Agreement Amendment No. 2 resulting in a revised total cost for services and expenses that will not exceed $585,100. F. Compensation for the work as defined in the Scope of Services (Part 1) of this Agreement Amendment that is performed in 2018 shall be in accordance with CONTRACTOR's standard 2018 charge -out rates included below. CONTRACTOR's standard 2019 charge -out rates have not yet been developed but will not increase by more than 3-percent rounded to the nearest $5 increment. Routine expenses will be billed at cost. Donohue & Associates, Inc. 2018 Billing Rates Employee Engineer/Specialist IX $240 Engineer/Specialist VIII $230 Engineer/Specialist VI $210 Engineer/Specialist VI $190 Engineer/Specialist V $175 Engineer/Specialist IV $155 Engineer/Specialist III $140 Engineer/Specialist II $130 Engineer/Specialist 1 $115 Technician II $90 Technician 1 $80 Administrative Assistance III $80 Administrative Assistance II $70 Administrative Assistance 1 $60 Notes: 1. Labor charge -out rates are for normal work week. 2. Billing rates above are in effect for 2018. Billing rates for 2019 have not yet been developed but will not increase by more than 3-percent rounded to the nearest $5 increment. 3. Mileage is billed at the current IRS stipulated rate. 4. Printing and reproductions are billed at cost. Page 8 of 9 EXHIBIT'A' - Page 8 of 9 Addendum No. 3 to Contract 28-2017 APPROVED FOR CITY APPROVED FOR CONTRACTOR By: By: Printed Name: Printed Name: James I. Hurst, PE Title: Title: Vice President . Date: Date: Page 9 of 9 EXHIBIT'N - Page 9 of 9 Addendum No. 3 to Contract 28-2017