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HomeMy WebLinkAboutC22-306 Jviation_ninth amendmentEGE AIP 068 / 2021.EGE.02 Construct Taxiway B (Phase 1 Earthwork)(CM) Page 1 of 2 AMENDMENT NO. NINE (9) TO CONTRACT DATED DECEMBER 6, 2018 BETWEEN JVIATION, A WOOLPERT COMPANY AND EAGLE COUNTY, COLORADO The Sponsor and the Engineer agree to amend their contract for improvements to the Eagle County Regional Airport, Gypsum, Colorado dated December 6, 2018 to add the additional services and the associated fees identified in the Scope of Work for Eagle County Regional Airport dated, June 22, 2022, attached hereto as Exhibit A-9 and incorporated herein by this reference. NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the parties agree as follows: The Original Contract shall be amended to include the following provisions: FEES: The Sponsor agrees to pay the Engineer for the ser vices relating to Construct Taxiway B (Phase 1 Earthwork)(CM) (the “Project”) according to the schedule under Exhibit A-9 in the following manner: PART B - SPECIAL SERVICES The maximum estimated SPECIAL SERVICES engineering is as follows: QUALITY ASSURANCE TESTING Ground Engineering.................................................................................................. Lump sum of $15,000.00 TOTAL SUBCONSULTANT SERVICES ........................................................... Lump sum of $15,000.00 CONSTRUCTION ADMINISTRATION Construction Administration ................................................................................... Lump sum of $32,365.55 Post Construction ...................................................................................................... Lump sum of $28,824.75 TOTAL CONSTRUCTION ADMINISTRATION ........................................... Lump sum of $61,190.30 CONSTRUCTION COORDINATION AND FIXED FEE Construction Coordination ......................................................................................... Cost Plus of $57,044.61 Fixed Fee for Construction Coordination ............................................................. Lump Sum of $11,500.00 REIMBURSABLE COSTS Reimbursable Costs During Construction Coordination ............... Actuals Not to Exceed of $12,401.00 TOTAL CONSTRUCTION COORDINATION AND FIXED FEE……………………...$80,945.61 TOTAL SPECIAL SERVICES ...................................................................................................... $157,135.91 DocuSign Envelope ID: C77CC206-7738-4AF1-88E8-4F342A0C957F Page 2 of 2 Method of payment shall be as follows: For services rendered under PART B - SPECIAL SERVICES, the Sponsor agrees to make monthly payments based upon the work performed by Jviation, up to 90 percent of the total contract. The final ten percent of the fee shall be due and payable when the project final inspection and the construction report have been completed, and when reproducible Record Drawings have been submitted to the Sponsor and when the revised Airport Layout Plan has been approved by the FAA or when the construction work has terminated. The Record Drawings and Construction Report shall be submitted within a period of 90 days from end of construction period. All other terms and conditions of the original contract shall remain in effect. IN WITNESS WHEREOF, the parties hereto have affixed their signatures on ____________________. SPONSOR: Eagle County, Colorado ATTEST: By: Jeanne McQueeney, Chair Regina O’Brien, Clerk to the Board ENGINEER: Jviation, A Woolpert Company By: Name: Jason Virzi, PE Title: Vice President DocuSign Envelope ID: C77CC206-7738-4AF1-88E8-4F342A0C957F 8/23/2022 Eagle County Regional Airport AIP Project No. 3-08-0020-068-2022 Construct Taxiway B (Phase 1 Earthwork) Construction Management June 22, 2022 Page 1 of 8 REV 2022.02 SCOPE OF WORK FOR EAGLE COUNTY REGIONAL AIRPORT Gypsum, CO AIP Project No. 3-08-0020-068-2022 Construct Taxiway B (Phase 1 Earthwork) Construction Management This is an Appendix attached to, made a part of and incorporated by reference with the Consulting Contract dated December 6, 2018 between Eagle County, Colorado and Jviation, a Woolpert Company for providing professional services. For the remainder of this scope the Eagle County Regional Airport is indicated as “Sponsor” and Jviation, a Woolpert Company is indicated as “Engineer.” The construction budget for this project is approximately $800,000.00. This budget does not include administrative, legal, or professional fees. This project shall consist of Construction Administration, Post-Construction Coordination, and On-Site Construction Coordination for the Construct Taxiway B (Phase 1 Earthwork) Project. This scope of work is for the consulting services provided by the Engineer for the Sponsor. See Exhibit No. 1 below for the project location. EXHIBIT NO. 1 DESCRIPTION This project will consist of the construction of the Phase 1 Earthwork project for Taxiway B. The project was designed and bid under a separate scope of work and under AIP Project Number 3-08-0020-068-2022. The engineering fees for this project will consist of Part B-Special Services, which includes; 4) Construction Administration Phase, 5) Post-Construction Coordination Phase, 6) On-Site Construction Coordination Phase or Field Engineering, and Reimbursable Costs During Construction. Additional services that will be completed by subconsultants to the Engineer, including quality assurance testing during construction, will also be included under Part B-Special Services. Part B and the three phases are described in more detail below. DocuSign Envelope ID: C77CC206-7738-4AF1-88E8-4F342A0C957F Eagle County Regional Airport AIP Project No. 3-08-0020-068-2022 Construct Taxiway B (Phase 1 Earthwork) Construction Management June 22, 2022 Page 2 of 8 REV 2022.02 PART B - SPECIAL SERVICES consists of the Construction Administration Phase, Post-Construction Coordination Phase (invoiced on a lump sum basis), and On-Site Construction Coordination Phase (invoiced on a cost plus fixed fee basis). Also included are direct subcontract costs for quality assurance testing during construction. 4.0 Construction Administration Phase 4.01 Prepare Project Scope of Work and Contract. This task includes establishing the scope of work. Fees shall be negotiated with the Sponsor and may be subject to an independent fee estimate conducted by a third party hired by the Sponsor. This task also includes drafting the contract for the work to be completed by the Engineer for the Sponsor once negotiations are complete. 4.02 Prepare Construction Contract and Documents. In agreement with the FAA, the Engineer shall prepare the Notice of Award, Notice to Proceed, and Contract Agreements, including bonds and insurance documents, which will be updated to include all addenda items issued during bidding, for the Sponsor’s approval and signatures. Electronic copies will be submitted to the successful Contractor for their signatures. The Engineer will ensure the construction contracts are in order, the bonds have been completed, and the Contractor has been provided with adequate copies of the Construction Plans, Specifications, and Contract Documents, which will be updated to include all addenda items issued during bidding. 4.03 Provide Project Coordination. The Engineer shall provide project management and coordination services to ensure the completion of all construction management tasks required of the Engineer. These duties include:  Time the Engineer spends planning, organizing, securing and scheduling resources, and providing instruction to staff to meet project objectives as defined in the approved scope of work.  Additional items to be accomplished include compiling and sending additional information requested from the office to related parties, maintaining project files as necessary and other items necessary in day-to-day project coordination.  The Project Manager will review progress reports weekly and monthly.  Assist with change orders and supplemental agreements as necessary. All change orders and supplemental agreements will be coordinated with the Sponsor and FAA staff prior to execution. All change orders and supplemental agreements will be prepared in accordance with the FAA Standard Operating Procedure (SOP) 7.0, Airport Improvement Program Construction Project Change Orders.  Clerical staff shall prepare the quantity sheets, testing sheets, construction report format, etc.  Office engineering staff, CAD personnel and clerical staff shall be required to assist the Field Personnel as necessary during construction. Specific tasks to be accomplished include providing secondary engineering opinions on issues arising during construction, maintaining project files as necessary and various other tasks necessary in the day-to-day operations.  The Engineer will prepare and submit monthly invoicing. The Engineer will complete the following tasks:  Provide the Sponsor with a monthly Project Status Report (PSR), in writing, reporting on Engineer’s progress and any problems that may arise while performing the work. The PSR DocuSign Envelope ID: C77CC206-7738-4AF1-88E8-4F342A0C957F Eagle County Regional Airport AIP Project No. 3-08-0020-068-2022 Construct Taxiway B (Phase 1 Earthwork) Construction Management June 22, 2022 Page 3 of 8 REV 2022.02 must include an update of the project schedule, as described in this section, when schedule changes are expected.  Prepare quarterly performance reports. 4.04 Review Environmental Documentation. This task includes the review of the overall environmental exhibit in relation to final construction documents as well as coordination throughout construction to ensure environmental commitments are maintained and environmental resources are protected. 4.05 Coordinate Quality Assurance Testing. This task includes preparing the requirements for quality assurance testing. Negotiating with the quality assurance testing firm for a cost to perform the work is also included in this task. 4.06 Prepare/Conduct Pre-Construction Meeting. The Engineer will conduct a pre-construction meeting to review FAA requirements as required per FAA AC 150/5370-12 (Current Edition), Quality Management for Federally Funded Airport Construction Projects, prior to the commencement of construction. As a part of this meeting, the Engineer will also discuss the environmental plan sheet, surveyed areas, and environmental commitments. The meeting will be held at the airport and will include the Sponsor, FAA (if possible), Contractor, subcontractors and airport tenants affected by the project. 4.07 Review Contractor’s Safety Plan Compliance Document. This task includes reviewing and providing comments on the Contractor’s Safety Plan Compliance Document (SPCD) as required per FAA AC 150/5370-2 (Current Edition), Operational Safety on Airports During Construction. The Engineer shall review to ensure that all applicable construction safety items are addressed and meet the requirements of AC 150/5370-2 (Current Edition) and the Contract’s Construction Safety and Phasing Plan (CSPP). The intent of the SPCD is to detail how the Contractor will comply with the CSPP. Following award of the project to the successful Contractor and prior to the issuance of the Notice to Proceed, the Engineer will review the SPCD, provide comments and ultimately approval of the document. It is anticipated that the document will require at least one re-submittal by the Contractor to address any missing information. The SPCD will be submitted to the Engineer for approval at least 14 days prior to the issuance of the Notice to Proceed to the Contractor. An approved copy of the SPCD shall be provided to the FAA. 4.08 Prepare Requests for Reimbursement. This task includes preparing the FAA Standard Form 271 for Sponsor reimbursement of eligible expenses incurred on a monthly basis. The Engineer will submit the completed form along with appropriate supporting documentation to the Sponsor for review and approval. Upon approval, the Sponsor will submit the completed forms and supporting documentation to the FAA for reimbursement. It is estimated there will be three (3) RFRs for expenses incurred during the construction and closeout phase of the project. 4.09 Perform Site Visits During Construction. The Project Manager shall make on-site visits, as required, throughout the duration of the project. As of now, it is estimated that the Project Manager will be required to make a minimum of two site visits to the project. DocuSign Envelope ID: C77CC206-7738-4AF1-88E8-4F342A0C957F Eagle County Regional Airport AIP Project No. 3-08-0020-068-2022 Construct Taxiway B (Phase 1 Earthwork) Construction Management June 22, 2022 Page 4 of 8 REV 2022.02 TASK 4 DELIVERABLES TO FAA/STATE TO SPONSOR 4.01 Construction SOW and Contract   4.02 Notice of Award, Notice to Proceed, and Contract Agreement  4.02 Issue Construction Plans, Specifications, and Contract Documents   4.03 Monthly Invoice and Monthly PSR   4.03 Pay Request Review Documentation  4.03 Weekly/Monthly Reports   4.03 Quarterly Performance Reports   4.03 Change Orders/Supplemental Agreements   4.06 Pre-Construction Agenda and Meeting Minutes   4.07 Review and Approval of SPCD and Final SPCD  4.08 Request for Reimbursement  TASK 5 MEETINGS/SITE VISITS LOCATION/ATTENDEES/DURATION 4.06 Conduct Pre-Construction Meeting · Gypsum, CO One (1) Project Manager and one (1) Construction Manager Assume full day site visit (1 Meeting) Assume travel to/from Denver, CO to Gypsum, CO 4.09 Perform Site Visits During Construction · Gypsum, CO One (1) Project Manager Assume full day site visit (2 visits) Assume travel to/from Denver, CO to Gypsum, CO 5.0 Post-Construction Coordination Phase 5.01 Prepare Final Testing Report. The Engineer will submit the quality assurance testing summary report, which will include a narrative of tests taken, verification for minimum number of tests, discussion of problems and tests necessary, and a table including the actual number of tests taken for each specification item to the FAA for review and approval. 5.02 Prepare Clean-up Item List. The Engineer will ensure the Contractor has removed all construction equipment and construction debris from the airport, that all access points have been re-secured (fences repaired, gates closed and locked, keys returned, etc.) and the site is clean. 5.03 Conduct Final Inspection. The Engineer, along with the Sponsor and FAA (if available), shall conduct the final inspection. The quality assurance testing summary report must be accepted by the FAA prior to final inspection. 5.04 Prepare Engineering Record Drawings. The Engineer will prepare the record drawings indicating modifications made during construction. The record drawings will be provided to the FAA electronically. 5.05 Prepare Final Construction Report. The Engineer will prepare the final construction report to meet the applicable FAA closeout checklist requirements. 5.06 Prepare DBE Uniform Report. The Engineer will prepare the Uniform Report of DBE Awards or Commitments and Payments (DBE Uniform Report) for the Sponsor to submit to the FAA. DocuSign Envelope ID: C77CC206-7738-4AF1-88E8-4F342A0C957F Eagle County Regional Airport AIP Project No. 3-08-0020-068-2022 Construct Taxiway B (Phase 1 Earthwork) Construction Management June 22, 2022 Page 5 of 8 REV 2022.02 5.07 Summarize Project Costs. The Engineer will be required to obtain all administrative expenses, engineering fees and costs, testing costs, and construction costs associated with the project and assemble a total project summary. The summary will be analyzed with the associated project funding. TASK 5 DELIVERABLES TO FAA/STATE TO SPONSOR 5.01 Final Testing Report   5.02 Clean-up List   5.03 Punchlists   5.04 Record Drawings   5.05 Final Construction Report   5.06 DBE Uniform Report   5.07 Project Cost Summary   TASK 5 MEETINGS/SITE VISITS LOCATION/ATTENDEES/DURATION 5.03 Conduct Final Inspection · Gypsum, CO One (1) Project Manager and one (1) Construction Manager Assume full day site visit (1 visit) Assume travel to/from Denver, CO to Gypsum, CO 6.0 On-Site Construction Coordination Phase This phase will consist of providing one full-time Construction Manager. It shall be the responsibility of the Construction Manager to facilitate sufficient on-site construction coordination to ensure that the project is completed according to good construction practice and the Project Manager’s direction. It is estimated that it will take 30 calendar days to complete construction of the project. Incidental travel costs, including vehicle usage, mileage, lodging, per diem, etc., are in addition to the engineering hours expended. 6.01 Provide Resident Engineering. The Construction Manager will work approximately 12 hours per day. It is assumed that the Construction Manager will be able to complete all daily project documentation in the course of their shift and that total on-site inspection time is anticipated to be 30 calendar days. It is assumed that the Contractor will work six (6) days a week during the construction period resulting in 26 working days. The following tasks will be performed during the course of a typical day’s shift during construction: a. Review construction submittals, including shop drawings and materials proposed for use on the project, submitted by the Contractor for conformance with the project’s Contract Documents. Submittals will either be approved, conditionally approved, or rejected and returned to the Contractor for their records and/or to make changes or revisions. The Engineer will prepare and maintain a submittal register to log the submittals received. The submittal register will include information on the submitted items including date received, date returned, and action taken, and will be made available to the Sponsor and Contractor upon request. b. Review survey data and other construction tasks for general compliance with the construction documents. c. Coordinate, review, and provide a response to construction and general project Requests for Information (RFIs). d. Prepare and process change orders. DocuSign Envelope ID: C77CC206-7738-4AF1-88E8-4F342A0C957F Eagle County Regional Airport AIP Project No. 3-08-0020-068-2022 Construct Taxiway B (Phase 1 Earthwork) Construction Management June 22, 2022 Page 6 of 8 REV 2022.02 e. Conduct employee interviews and review Contractor's and subcontractor’s weekly payroll records as required by the FAA. As part of this effort, all payrolls must be reviewed and logged when received. A log identifying current status of reviews, and any action taken to correct noted discrepancies, will be provided for Sponsor review at time of Request for Reimbursement processing, as appropriate. f. Review quality control and quality assurance testing results for conformance with the project specifications. g. Maintain record of the progress of construction and review the quantity records with the Contractor on a periodic basis. h. Prepare the periodic cost estimates and review the quantities with the Contractor. The Engineer, Sponsor, and Contractor will resolve discrepancies or disagreements with the Contractor’s records. The periodic cost estimate will also include all other costs associated with the project (administrative costs, engineering, any miscellaneous costs). After compiling all costs, the Engineer will then submit the periodic cost estimate to the Sponsor for payment. i. Maintain daily logs of the construction activities for the duration of time on site, including the Construction Project Daily Inspection Checklist as required by the CSPP and SPCD. j. Verify that restricted areas, roads, staging areas, stockpiles, borrow/waste areas, etc. are all remaining within the areas cleared under environmental documentation. k. Prepare a weekly status report using the FAA's standard form. The report will be submitted to the Sponsor, the FAA, and the office following the week of actual construction activities performed. l. Review payments to subcontractors and ensure timely payment of retainage to subcontractors when payment to the Contractor is made as required by the DBE Program. TASK 6 DELIVERABLES TO FAA/STATE TO SPONSOR 6.01a Coordinate Submittal Reviews  6.01c Coordinate RFIs  6.01d Change Orders   6.01e Payroll Reviews  6.01f Quality Assurance/Quality Control Results Compilation   6.01h Periodic Cost Estimates   6.01k Weekly Reports   EX Reimbursable Costs During Construction. This section includes reimbursable items such as auto rental, mileage, lodging, per diem, travel, and other miscellaneous costs incurred in order to complete Part B – Special Services. Sections 4 and 5 Reimbursables are invoiced on a lump sum basis, and Section 6 Reimbursables are invoiced on a cost plus fixed fee basis. Special Considerations The following special considerations are required for this project, but will be completed by subconsultants to the Engineer. The cost for this work will be included in the engineering contract agreement with the Sponsor and the costs are in addition to the engineering fees outlined above. Quality Assurance Testing. Quality assurance testing will be performed by an independent testing firm under the direct supervision of the Engineer. All quality assurance test summaries must be accepted by the FAA prior to final inspection. Certified materials technicians will perform the necessary material quality assurance testing for the following items, as detailed in the project specifications:  Item P-152 Excavation and Embankment DocuSign Envelope ID: C77CC206-7738-4AF1-88E8-4F342A0C957F Eagle County Regional Airport AIP Project No. 3-08-0020-068-2022 Construct Taxiway B (Phase 1 Earthwork) Construction Management June 22, 2022 Page 7 of 8 REV 2022.02 Assumptions The scope of services described previously, and the associated fees, are based on the following rates and assumed responsibilities of the Engineer and Sponsor. 1. Reimbursable expenses are based on the following rates:  Per diem for lodging and meals & incidentals is based on the US General Services Administration’s (GSA) current rates for the project location. Local taxes and fees have been calculated and included in addition to the GSA lodging rate.  Vehicle mileage reimbursement is based on the GSA Privately Owned Vehicle Mileage Reimbursement Rates, currently $0.585/mile.  Rental car/vehicle use rate of $85.00/day. 2. It is anticipated there will be a minimum number of trips and site visits to the airport to facilitate the completion of the various phases listed in this scope. The number of trips, as well as the anticipated lengths and details of the trips, are included at the end of each phase above. 3. The Sponsor will coordinate with tenants as required to facilitate field evaluations and construction. 4. All engineering work will be performed using accepted engineering principles and practices and provide quality products that meet or exceed industry standards. Dimensional criteria will be in accordance with FAA AC 150/5300-13 (Current Edition), Airport Design, and related circulars. Construction specifications will be in accordance with FAA AC 150/5370-10 (Current Edition), Standard Specifications for Construction of Airports, and the Northwest Mountain Region’s Regional Updates for Specifying Construction of Airports and related circulars. Project planning, design, and construction will further conform to all applicable standards, including all applicable current FAA Advisory Circulars and Orders required for use in AIP- funded projects and other national, state, or local regulations and standards, as identified and relevant to an airfield design and construction project. 5. The Engineer must maintain records of design analyses and calculations consistent with typical industry standards, as required by the FAA, for a period of three years after the project is closed by the FAA. 6. Because the Engineer has no control over the cost of construction-related labor, materials, or equipment, the Engineer's opinions of probable construction costs will be made on the basis of experience and qualifications as a practitioner of his/her profession. The Engineer does not guarantee that proposals for construction, construction bids, or actual project construction costs will not vary from Engineer's estimates of construction cost. Additional Services The following items are not included under this agreement but will be considered as extra work:  Redesign for the Sponsor’s convenience or due to changed conditions after previous alternate direction and/or approval.  Submittals or deliverables in addition to those listed herein. DocuSign Envelope ID: C77CC206-7738-4AF1-88E8-4F342A0C957F Eagle County Regional Airport AIP Project No. 3-08-0020-068-2022 Construct Taxiway B (Phase 1 Earthwork) Construction Management June 22, 2022 Page 8 of 8 REV 2022.02  If a project audit occurs, the Engineer is prepared to assist the Sponsor in gathering and preparing the required materials for the audit.  Serving as an expert witness for the Owner in any litigation, surety claim, contractor bond activation, or other proceeding involving the project.  Additional or extended services during construction made necessary by extension of contract time, non-concurrent work, or changes in the work.  Legal, surety, or insurance support, coordination, and representation. Extra Work will be as directed by the Sponsor in writing for an additional fee as agreed upon by the Sponsor and the Engineer. DocuSign Envelope ID: C77CC206-7738-4AF1-88E8-4F342A0C957F ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? 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All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 2/28/2022 (703) 827-2277 (703) 827-2279 25666 Jviation, a Woolpert Company 720 South Colorado Blvd, Suite 1200-S Glendale, CO 80246 25623 25674 19445 20443 A 1,000,000 P6309P881661 3/1/2022 3/1/2023 1,000,000 5,000 1,000,000 2,000,000 2,000,000 1,000,000B 8109P881648 3/1/2022 3/1/2023 10,000,000C CUP-1T790932-22-NF 3/1/2022 3/1/2023 10,000,000 10,000 D 11326672 3/1/2022 3/1/2023 1,000,000 N 1,000,000 1,000,000 E Professional Liab.AEH288355072 3/1/2022 Per Claim/Aggregate 5,000,000 RE: Any and All Projects Eagle County Regional Airport 219 Eldon Wilson Road Gypsum, CO 81637 WOOLINC-01 KSUTTON Ames & Gough 8300 Greensboro Drive Suite 980 McLean, VA 22102 admin@amesgough.com Travelers Indemnity Co. of America A++, XV Phoenix Insurance Company A++, XV Travelers Property Casualty Company of America National Union Fire Insurance Company Continental Casualty Company (CNA) A, XV X 3/1/2023 X X X X X X X DocuSign Envelope ID: C77CC206-7738-4AF1-88E8-4F342A0C957F