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Project Name: Sewer Lift Station Rehabilitation – Amendment No. 4 Page 1 Project No.: WW2106.451 Rev. 3/23/2023 AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT CONSTRUCTION MANAGEMENT SERVICES SEWER LIFT STATION REHABILITATION Project No. WW2106.451 Council Date: December 7, 2023 Item No. THIS AMENDMENT NO. 4 (“Amendment No. 4”) to the professional services agreement dated February 15, 2023, (the “Agreement”) is made by and between the City of Chandler, an Arizona municipal corporation, (“City”) and Entellus, Inc., an Arizona municipal corporation, (“Consultant”), on this ______ day of ___________________, 2023 (“Effective Date”). (City and Consultant may individually be referred to as “Party” and collectively referred to as “Parties”). RECITALS A. The Parties entered into the Agreement for: Construction Management Services (“Services”) for the Sewer Lift Station Rehabilitation project. B. The Parties have determined that it is necessary and desirable for the Consultant to perform additional services for the City under the terms and conditions set forth in this Amendment No. 4 and the Agreement. AGREEMENT NOW, THEREFORE, in consideration of the premises and mutual promises contained in the Agreement and this Amendment No. 4, the Parties agree to amend and modify the Agreement as follows. SECTION I – CONSULTANT’S SERVICES The Consultant’s Services are modified as described in the Exhibit "A" attached to and made part of this amendment by reference. Project Name: Sewer Lift Station Rehabilitation – Amendment No. 4 Page 2 Project No.: WW2106.451 Rev. 3/23/2023 SECTION II – PERIOD OF SERVICE The Period of Service is increased by 170 calendar days for a revised total of 500 calendar days. SECTION III – PAYMENT OF COMPENSATION AND FEES The Fees are increased by $1,058,243.84 and will be payable in accordance with Exhibit "B" attached to and made part of this amendment by reference, for a revised total not to exceed $1,153,431.35. SECTION IV – CONFLICT AMONG DOCUMENTS The Agreement, this amendment, and any previous amendments constitute the complete agreement between the Parties concerning the subject matter of the Agreement and replace any prior oral or written communications between the Parties. If a conflict or ambiguity arises between the Agreement and this amendment, the instrument in the following order prevails and controls: (1) this amendment; (2) any previous Amendments from most recent to oldest; and (3) the Agreement. SIGNATURE PAGE TO FOLLOW Project Name: Sewer Lift Station Rehabilitation – Amendment No. 4 Page 3 Project No.: WW2106.451 Rev. 3/23/2023 IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 4 to be duly executed. Each Party warrants and represents that its respective signatories whose signatures appear below have been and are on the date of signature duly authorized to execute this Amendment No. 4. “CITY” CITY OF CHANDLER MAYOR RECOMMENDED BY: Warren White, P.E. Acting CIP City Engineer APPROVED AS TO FORM: City Attorney ATTEST: City Clerk Seal “CONSULTANT” ENTELLUS, INC. Signature Date Print Name Title Signer Email Address November 2, 2023 William A. Linck President and CEO linck@entellus.com Project Name: Sewer Lift Station Rehabilitation – Amendment No. 4 Page 4 Project No.: WW2106.451 Rev. 3/23/2023 Amendment No. 4 (cont.) Project No. WW2106.451 These changes result in the following adjustments of Agreement amount and/or time: Amendment authorized by Owner name: Jermaine Swinton Date: 10/31/23 Consultant email: linck@entellus.com Original Agreement amount: $95,187.51 Previous Amendment(s) total: $0 Last Agreement amount approved by Council: $0 This Amendment: $1,058,243.84 This Amendment + previous Amendment(s) not approved by Council total: $1,058,243.84 Revised Agreement total: $1,153,431.35 Council Approval Required (yes indicates approval required) Yes No Amendment(s) total over $100,000: ☒ ☐ Amendment(s) total causes Agreement to exceed $100,000: ☒ ☐ Agreement Time Agreement time prior to this Amendment (including previous amendments): 330 Calendar Days Net change resulting from this Amendment: 170 Calendar Days Revised Agreement time (including this Amendment): 500 Calendar Days Council Approval (if applicable) Council Approval Date: N/A Item No. N/A cc: Project Manager, Consultant, Owner, File 1 EXHIBIT “A” CONSTRUCTION MANAGEMENT SCOPE OF SERVICES SEWER LIFT STATION REHABILITATION WW2106.451 This is an amendment to the previous scope of work to add scope for construction management services. This scope of services will cover both WW2106.401 Sewer Lift Station Rehabilitation and WW2106.402 Manganaro Lift Station Electrical Improvements. PROJECT TASKS 2. CONSTRUCTION MANAGEMENT A. Task 2.1 Weekly Construction Meetings i. Consultant must conduct weekly construction meetings. Each meeting includes agenda and minutes; Request for Information (RFI); Shop Drawing; Request for Information (RFI); Field Directive (FD); Material Certification; and Allowance Logs. Consultant assumes 95 weekly meetings will be held. B. Task 2.2 CPM Schedule i. Consultant must review and evaluate Contractor’s initial CPM schedule and provide recommendations for acceptance. ii. Consultant must review Contractor’s monthly CPM schedule updates submitted with each payment application, identify CPM tasks behind schedule that may affect critical path items, project substantial and final completion dates and initiate correspondence to City regarding those tasks. Consultant assumes 23 reviews of updated CPM schedule. C. Task 2.3 Requests for Information (RFI’s) i. Consultant must review, evaluate, and respond to Contractor Requests for Information (RFI’s); and prepare and maintain a submittal log of all RFI’s. Consultant assumes 30 RFI responses. D. Task 2.4 Shop Drawing Submittals i. Consultant must review, evaluate, and respond to Contractor shop drawing submittals; and prepare and maintain a submittal log of all shop drawing submittals. Consultant assumes 43 reviews. E. Task 2.5 Requests for Proposal (RFP) i. Consultant must prepare Requests for Proposal (RFP) documents detailing requested additional work tasks; review and evaluate Contractor RFP responses (cost derivations) with approval recommendations; and prepare and maintain a submittal log list of all RFP’s. Consultant assumes 10 RFPs. F. Task 2.6 Field Directives (FD’s) i. Consultant must prepare Field Directive (FD) documents detailing requested additional work tasks; review and evaluate Contractor FD responses with approval recommendations; and prepare and maintain a submittal log list of all FD’s. Consultant assumes 10 FD’s. G. Task 2.7 Contractor Payment Applications i. Consultant must review and evaluate Contractor monthly payment applications and make recommendation for payment; maintain a weekly record of constructed pay quantities and compile monthly totals; and 2 coordinate payment application with the City quantity report and the inspectors’ daily logs. Consultant assumes 23 payment applications. 3. CONSTRUCTION INSPECTION A. Task 3.1 Inspection Services i. Consultant must provide weekly construction inspection to verify materials and installations conform to construction documents; prepare daily inspection reports documenting Contractor construction activities and progress during field inspection visits; and perform intermittent erosion control inspections. Consultant assumes 1 inspector full time 40 hours per week for 23 months. B. Task 3.2 Special Inspection Services i. Consultant must provide special inspection services for steel, concrete, coatings, and electrical. C. Task 3.3 Project Closeout i. Consultant must compile non-conformance list prior to Substantial Completion; schedule and conduct Substantial Completion inspection; prepare Substantial Completion punch list generated from Substantial Completion inspection; track items on punch list and note completed items; and complete and distribute Substantial Completion certificates. ii. Consultant must schedule and conduct Final Completion inspection; and complete and distribute Final Completion certificates. iii. Consultant must provide all documents in an electronic version that matches the City’s filing system, so it can be imported into City’s files. iv. Consultant must participate in a meeting with City staff and Designer to review request for information log to discuss lessons learned during the course of construction. v. Consultant must close out ADOT permits. vi. Consultant must review operation and maintenance manuals, confirm spare parts are received, and confirm warranty documents are received. 4. MATERIALS TESTING A. Task 4.1 Quality Assurance (QA) Test Program i. Consultant must prepare and maintain a materials Quality Assurance plan per City and MAG. ii. Consultant must coordinate with Contractor’s testing representative to obtain required QA tests and sample; complete sampling and compaction testing of subgrade (including lime-stabilized subgrade base), aggregate base and asphalt concrete materials in new asphalt concrete pavement areas; complete sampling and compaction testing of subgrade, aggregate base (where required) and concrete for new curbs, gutters, sidewalks and concrete pavement and structures; and complete sampling and compaction testing of backfill for new irrigation, sewer, water, storm drain pipe, and dry utilities. 3 5. RECORD DRAWINGS A. Task 5.1 Record Drawings i. Review and monitor Contractor’s weekly updates on red-line drawing set. ASSUMPTION, CLARIFICATIONS, AND EXCLUSIONS 1. Application fees for City reviews and permits will be paid by CITY. 2. The Owner’s Allowance will only be utilized with prior written approval from the City representative. 3. MakPro will provide public outreach services. Tasks will include: create and maintain project website; maintain a 24-hour bilingual project hotline to respond to inquiries, complaints and maintain a call log; public email updates periodically; public interactions with property owners as a liaison between property owners and the City as needed; periodic project meetings. 4. The DARCOR allowance will be used for all electrical special inspections, which will include but not limited to submittal review, arcflash study review, conducting arcflash study, on-site inspections, etc. 5. The RFI allowance will be used for all coating inspections and coating-related issues. 6. The SAECO allowance will be used for QA testing, the contractor is to provide QC testing. 7. The Structural allowance will cover any special structural steel or concrete submittal reviews, RFIs, meetings and special inspections required. Task Cost 1 1.1 - $ - $ 2 2.1 90,614.96 $ 2.2 14,226.86 $ 2.3 10,937.84 $ 2.4 16,936.24 $ 2.5 3,476.40 $ 2.6 2,932.74 $ 2.7 18,441.75 $ 157,566.79 $ 3 3.1 636,786.64 $ 3.2 - $ 3.3 4,134.16 $ 640,920.80 $ 4 4.1 - $ - $ 5 5.1 19,156.25 $ 19,156.25 $ 35,000.00 $ 62,000.00 $ 71,600.00 $ 15,000.00 $ 12,000.00 $ - $ 195,600.00 $ 45,000.00 $ 45,000.00 $ 1,058,243.84 $ Field Directive (FD) (Not-To-Exceed) Contractor Payment Applications (Not-To-Exceed) EXHIBIT "B" CONSTRUCTION MANAGEMENT SCOPE OF SERVICES FEE SCHEDULE City of Chandler Lift Station Rehabilitation (WW2106.451) Description Requests for Proposal (RFP) (Not-To-Exceed) CPM Schedule (Not-To-Exceed) Requests for Information (RFI) (Not-To-Exceed) Shop Drawing Submittals (Not-To-Exceed) Pre-Construction Assistance Weekly Construction Meetings (Not-To-Exceed) PRE-CONSTRUCTION ASSISTANCE CONSTRUCTION MANAGEMENT SUBTOTAL TASK 1: Inspection Services (Not-To-Exceed) CONSTRUCTION INSPECTION SUBTOTAL TASK 2: SUBTOTAL TASK 3: Landscape/Irrigation Inspection Services (NOT USED) Project Closeout (Not-To-Exceed) SUBTOTAL ALLOWANCES: PROJECT TOTAL: SUBTOTAL TASK 6: SUBTOTAL SUBCONSULTANTS: MakPro (Not-To-Exceed) SUBCONSULTANTS ALLOWANCES RFI (Not-To-Exceed) Owner's Allowance (Not-To-Exceed) Structural CA&I (Not-To-Exceed) SAECO (Not-To-Exceed) DARCOR (Not-To-Exceed) Record Drawings (Not-To-Exceed) MATERIALS TESTING SUBTOTAL TASK 5: QA Test Program (Costs to be covered by Allowances Below) RECORD DRAWINGS EXHIBIT B-1 Unit Qty Rate Cost PRIME CONSULTANT (Martin Weeden, Bill Linck) Hrs 10 254.32 $ 2,543.20 $ (Martin Weeden) Hrs 435 210.46 $ 91,444.87 $ (Nicole Donavan, Brandon Wallis) Hrs 797 137.18 $ 109,332.46 $ (Paul Nestor, Matt Cooper, Stuart Mowery) Hrs 4440 137.18 $ 609,079.20 $ (Kayla Patterson, Arpi Hovsepian, Alexis Ruiz) Hrs 62 85.27 $ 5,244.11 $ Hrs 5743 Subtotal 817,643.84 $ SUBCONSULTANTS (Public Outreach) LS 1 35,000.00 $ 35,000.00 $ (Electrical Inspections) LS 1 62,000.00 $ 62,000.00 $ (Coatings Inspections) LS 1 71,600.00 $ 71,600.00 $ (Materials Testing) LS 1 15,000.00 $ 15,000.00 $ (Structural Inspections) LS 1 12,000.00 $ 12,000.00 $ (City of Chandler) LS 1 45,000.00 $ 45,000.00 $ Subtotal 240,600.00 $ Total Proposal for Construction Administration and Inspection Services Project Duration (Calendar Days): Staff Classification Sewer Lift Station Rehabilitation WW2106.451 City of Chandler 10/30/2023 615.123 690 LABOR ESTIMATE CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES PROJECT TITLE: Client's Project #: MakPro SAECO NSB-Gannet Fleming PRINCIPAL CONSTRUCTION MANAGER EIT SENIOR INSPECTOR ADMIN Labor Total Client: Date: Entellus Project #: DARCOR RFI Owner Allowance 1,058,243.84 $ Project Title: Sewer Lift Station Rehabilitation Date: October 30, 2023 Clients Project #: WW2106.451 Entellus Project #: 615.123 Client: City of Chandler Total Total SECTION TASK Hours Amount 254.32 $ 210.46 $ 137.18 $ 137.18 $ 85.27 $ 1 1.1 Pre-Construction Assistance 0 - $ 1 0 0 0 0 0 0 - $ 2 2.1 Weekly Construction Meetings 4 148 296 99 50 597 90,614.96 $ 2.2 CPM Schedule 50 27 77 14,226.86 $ 2.3 Requests For Information (RFI's) 2 30 30 62 10,937.84 $ 2.4 Shop Drawing Submittals 2 22 86 110 16,936.24 $ 2.5 Requests for Proposal (RFPs) 10 10 20 3,476.40 $ 2.6 Field Directives (FDs) 2 5 10 17 2,932.74 $ 2.7 Contractor Payment Applications 23 46 46 12 127 18,441.75 $ 2 10 288 505 145 62 1010 157,566.79 $ 3 3.1 Inspection Services 131 261 4180 4572 636,786.64 $ 3.2 Landscape/Irrigation Inspection Services (If Applicable) 0 0 0 - $ 3.3 Project Close-Out 4 8 16 28 4,134.16 $ 3 0 135 269 4196 0 4600 640,920.80 $ 4 4.1 QA Test Program 0 - $ 4 0 0 0 0 0 0 - $ 5 5.1 Record Drawings 12 23 99 134 19,156.25 $ 5 0 12 23 99 0 134 19,156.25 $ 10 435 797 4440 62 5743 2,543.20 $ 91,444.87 $ 109,332.46 $ 609,079.20 $ 5,244.11 $ $817,643.84 Construction Management Construction Inspection TOTAL ESTIMATED HOURS TOTAL ESTIMATED LABOR COSTS SUBTOTAL SUBTOTAL Materials Testing SUBTOTAL Record Drawings SUBTOTAL WORK ITEM DESCRIPTION SUBTOTAL Pre-Construction Assistance PRINCIPAL CONSTRUCTION MANAGER ADMIN EXHIBIT B-2 LABOR ESTIMATE CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES EIT SENIOR INSPECTOR 3033 N. 44th Street, Suite 250, Phoenix, AZ 85018 (602) 244-2566 www.entellus.com engineers@entellus.com P:\600\615123 Lift Station CA&I\A_ADMIN\Contract_Documents\A_Negotiations\Construction\615.123 - CA&I HOUR & FEE PROPOSAL (Exhibit B, B-1, B-2) - 10.26.2023 Lift Station 1 of 1