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Signed Contract_Strand Associates W&RRC Design Amendment No. 2Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Steve Sampson Brown, Project Manager Dubuque SUBJECT: Water & Resource Recovery Center Cogeneration Facilities Strand Associates, Inc. Design, Bidding and Construction Related Services Agreement - Amendment #2 DATE: May 23, 2013 INTRODUCTION This memorandum is to seek your approval and execution of Amendment No. 2 to the September 16, 2010 Agreement for Design, Bidding, and Construction Related Services between the City of Dubuque and Strand Associates, Inc. (Strand) for the Water & Resource Recovery Center (WRRC) Cogeneration Facilities Project. BACKGROUND The WRRC Cogen Project provides for the installation of electrical generation equipment (microturbines) that will use biogas from the anaerobic digestion facilities to produce electricity. In addition, heat recovery equipment will further recover energy as heat to improve the overall energy recovery efficiency from the biogas use, DISCUSSION The need for the attached amendment results for the completion of the microturbine project being completed 5 months after the substantial completion of the WRRC's renovation project. Thus Strand's Resident Project Representative will not be able to work on both projects that the same time. The need for this amendment was anticipated at the time bidding was initiated on the microtubine project. The additional amount of this agreement was included in the total project cost for the microtubines project when the project was sent to the City Council for bid initiation approval. This amendment provides Strand to do the following: 1. Change Contract Administration Services to: Attend and provide meeting minutes for up to 6 (instead of 10) monthly construction progress meetings and one pre - installation meeting. Page 1 of 2 2. Change item #8 listed under Contract Administration Services to: ENGINEER anticipates conducting 6 (instead of 10) one -day site visits. 3. Add the following services: "Resident Project Representative (RPR) Services will provide up to five months of part -time Resident Project Representative (RPR) Services; a Resident Project Representative (RPR) is anticipated to be on -site an average of one 8 -hour day each week. In furnishing observation services, ENGINEER's efforts will be directed toward determining for OWNER that the completed project will, in general, conform to the Contract Documents; but ENGINEER will not supervise, direct, or have control over the contractor's work and will not be responsible for contractor's construction means, methods, techniques, sequences, procedures, or health and safety programs, or for the contactor's failure to perform the construction work in accordance with the Contract Documents ". 4. Delete number 8, in the Service Elements Not Included section of the original contract, which reads that Resident Project Representative (RPR) Services are not included. BUDGET IMPACT The original agreement was in the amount of $250,000. Amendment #1 increased that total by $20,000 to equal $270,000. The cost of Amendment #2 additional services will be $20,000, for additional Engineering Services and an estimated $30,000 for Resident Project Representative Services on an estimated, hourly rate basis bringing the agreement total to $320,000.00. The funding for Amendment No. 2 will be from the W &RRC Cogeneration Facilities Project budgeted amount for professional services. ACTION TO BE TAKEN The execution of Amendment No. 2 to the September 16, 2010 Strand Associates agreement is requested. cc: Gus Psihoyos, City Engineer Jenny Larson, Budget Director Jonathan Brown, Water Pollution Control Plant Manager Attach. Attachment C- Amendment #2 F: \PROJECTS \Water Pollution Control Plant Replacement \_PSA Negotiations \Strand\2013 03 -20 -13 MVM Memo re WPCP Cogeneration Facilities Amendment No. 2.doc Page 2 of 2 910 West Wingra Drive Madison, \A/153715 (8) 608-251-4843 (0) 608- 251 -8655 January 18, 2013 City of Dubuque 50 West 13th Street Dubuque, IA 52001 -4864 Attention: Mr. Michael C. Van Milligen, City Manager Re: Amendment No. 2 to the September 16, 2010, Agreement for Design Services, Bidding - Related Services, and Construction - Related Services Cogeneration Facilities at the Water Pollution Control Plant This is Amendment No. 2 to the referenced Agreement. Under Scope of Services, Contract Administration Services, items no. 4 and no. 8, CHANGE 10 to "six." ADD the following: "Resident Project Representative (RPR) Services Provide up to five months of part-time RPR services; RPR is anticipated to be on -site an average of one 8 -hour day each week. In furnishing observation services, ENGINEER's efforts will be directed toward determining for OWNER that the completed project will, in general, conform to the Contract Documents; but ENGINEER will not supervise, direct, or have control over the contractor's work and will not be responsible for contractor's construction means, methods, techniques, sequences, procedures, or health and safety programs, or for the contractor's failure to perform the construction work in accordance with the Contract Documents." Under Service Elements Not Included, DELETE No. 8 in its entirety. Under Compensation, REPLACE the entire first paragraph with the following: "OWNER shall compensate ENGINEER for all Services, except RPR Services, a lump sum of $290,000. OWNER shall compensate ENGINEER for RPR Services on an hourly rate basis plus expenses an estimated fee of $30,000. Expenses incurred for RPR Services will be billed at actual cost plus 10 percent." RAW:mro:skb\R:\MAD\ Documents\ Agreements\D\Dubuque, City of ( IA)\ CogenerationFacilities@ WPCP .2010\Agr \Amd \I154.033.2.docx Arizona I Illinois I Indiana I Kentucky I Ohio I Wisconsin wytvw.stranci.cOrn City of Dubuque Page 2 January 18, 2013 Under Schedule, REPLACE the table with the following: "Project Milestone Notice to Proceed Submit Brief Report Submit Design Documents to IDNR Bid Date Notice to Proceed of Construction Contract Substantial Completion of Construction Final Completion of Construction Anticipated Completion Date October 2010 January 2011 January 2012 February 2013 April 2013 January 2014 March 2014" IN WITNESS WHEREOF the parties hereto have made and executed this Amendment. ENGINEER: OWNER: STRAND ASSOCIATES, INC.° CITY OF DUBUQUE Matthew S. Richards Date Michael C. Van Milfigan Corporate Secretary City Manager RAW:mro:skb \R:\ MAD\ Documents\Agreements\D\Dubuque, City of ( IA)\ CogenerationFacilities@ WPCP .2010\Agr \Amd \1154.033.2.docx Date wvotanstrandcom 910 West Wingra Drive Madison, VVI 53715 (P) 608 - 251 -4843 (F) 608 -251 -8055 January 18, 2013 City of Dubuque 50 West 13th Street Dubuque, IA 52001 -4864 Attention: Mr. Michael C. Van Milligen, City Manager Re: Amendment No. 2 to the September 16, 2010, Agreement for Design Services, Bidding - Related Services, and Construction- Related Services Cogeneration Facilities at the Water Pollution Control Plant This is Amendment No. 2 to the referenced Agreement. Under Scope of Services, Contract Administration Services, items no. 4 and no. 8, CHANGE 10 to "six." ADD the following: "Resident Project Representative (RPR) Services Provide up to five months of part-time RPR services; RPR is anticipated to be on -site an average of one 8 -hour day each week. In furnishing observation services, ENGINEER's efforts will be directed toward determining for OWNER that the completed project will, in general, conform to the Contract Documents; but ENGINEER will not supervise, direct, or have control over the contractor's work and will not be responsible for contractor's construction means, methods, techniques, sequences, procedures, or health and safety programs, or for the contractor's failure to perform the construction work in accordance with the Contract Documents." Under Service Elements Not Included, DELETE No. 8 in its entirety. Under Compensation, REPLACE the entire first paragraph with the following: "OWNER shall compensate ENGINEER for all Services, except RPR Services, a lump sum of $290,000. OWNER shall compensate ENGINEER for RPR Services on an hourly rate basis plus expenses an estimated fee of $30,000. Expenses incurred for RPR Services will be billed at actual cost plus 10 percent." RAW:mro:skb\R:\ MAD\ Documents \Agreements\D\Dubuque, City of ( IA)\ CogenerationFacilities@ WPCP .2010\Agr\Amd \1154.033.2.docx Arizona I Illinois I Indiana I Kentucky Ohio I Wisconsin r;J VA AL ti° -ana„ If City of Dubuque Page 2 January 18.2013 Under Schedule, REPLACE the table with the following: "Project Milestone Notice to Proceed Submit Brief Report Submit Design Documents to IDNR Bid Date Notice to Proceed of Construction Contract Substantial Completion of Construction Final Completion of Construction Str Anticipated Completion Date October 2010 January 2011 January 2012 February 2013 April 2013 January 2014 March 2014" IN WITNESS WHEREOF the parties hereto have made and executed this Amendment. ENGINEER: STRAND ASSOCIAZES, INC.` Matthew S. Richards Corporate Secretary OWNER: CITY OF DUBUQUE Date Michael C. Van Milligan City Manager RAW:mro :skb\R :\ MAD \Documents\Agreements\D \Dubuque, City of ( IA) \CogenerationFaeilities @WPCP .2010 \Agr \Amd \1154.033.2.docx Date