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HomeMy WebLinkAbout07-18-16 CC Mtg - C3. Amend 3 to the Confluence PSA for Bozeman Creek Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Carolyn Poissant – Manager of Trails, Open Space, and Park Development Mitch Overton – Director of Parks and Recreation SUBJECT: Amendment No. 3 to Professional Services Agreement with Confluence Consulting, Inc. for the Bozeman Creek Enhancement Project (construction administration) MEETING DATE: July 18, 2016 AGENDA ITEM TYPE: Consent RECOMMENDATION Approve Amendment No. 3 to the Professional Services Agreement between the City of Bozeman and Confluence Consulting, Inc. for the Bozeman Creek Enhancement Project for construction administration and authorize the City Manager to execute the Agreement. BACKGROUND: Resolution 4492 approved the allocation of Trails, Open Space and Parks (TOP) bond funding in an amount not to exceed $440,000 for the design and construction of stream channel enhancements along approximately 800 feet of the Bozeman Creek through Bogert Park to return it to a more ecologically sustainable condition, adding floodplain, hydraulic flow controls, and stabilizing vegetation to eliminate bank scouring. A new pedestrian bridge will be installed to replace the existing wooden bridge, and a small, barrier-free fishing platform will be installed near the Bogert pavilion. The widened creekbed will enhance safety and usability of the creek by reducing stream velocity during annual spring run-off and providing healthier habitat for fish and wildlife. The project is sponsored by the Bozeman Creek Enhancement Committee (BCEC), a partnership of city, state and federal agencies, community groups and individuals, including the Bozeman Parks and Recreation Department, Downtown Bozeman Partnership, Friends of Bogert Park, Gallatin Local Water Quality District, Gallatin Valley Land Trust, Greater Gallatin Watershed Council, and Montana Fish, Wildlife and Parks. The project is consistent with the Bozeman Creek Enhancement Plan, adopted by the Bozeman City Commission on July 23, 2012, the Bogert Park Master Plan, the Downtown Improvement Plan and the Bozeman Community Plan. The total project budget is $659,000. The City Commission approved $440,000 in TOP Bond funding. Additional funds were provided by a $100,000 grant from Montana Department of Natural Resources and Conservation (DNRC) and $119,000 in grants from partnering agencies as follows: the Friends of Bogert Park ($10,000), GVLT ($12,000), Montana Fish Wildlife and Parks 23 ($30,000), Montana Recreational Trails ($45,000), and $20,000 from the 2014 City of Bozeman Park Improvement Grant unallocated balance. This request covers bidding and construction administration services ($36,669), for a total project fee of $176,165. This project required substantial technical hydrological work to prepared and obtain the FEMA floodplain map revisions and special assistance to inspect the restoration work. All project construction documents have been completed and all federal, state, and local permits have been obtained. The project will be advertised for bid July 17th and 24th and bids will open August 2nd. The remaining budget available for construction is $457,342. UNRESOLVED ISSUES: None. ALTERNATIVES: Per Commission. FISCAL EFFECTS: The technical services included in this contract cannot be performed by city staff. Staff will handle the contract administration for all professional and site work. Attachments: 1) Amendment No. 3 to Professional Services Agreement between the City of Bozeman and Confluence Consulting, Inc.; 2) Revised Scope of Work for Amendment No. 3; Via hyperlink: Amendment No. 1; Amendment No. 2; and Original PSA with Confluence Consulting Report compiled on: June 30, 2016 24 1 Amendment No. 3 to Professional Services Agreement for Bozeman Creek Enhancement Construction Administration for Bogert Park THIS AGREEMENT is made as of this ____________________________, 2016, between THE CITY OF BOZEMAN, a Municipal Corporation, P.O. Box 1230 Bozeman, Montana, 59771-1230 (OWNER) and Confluence Consulting, P.O. Box 1133 Bozeman, Montana, 59715 (CONSULTANT). WHEREAS, the parties have entered into a Professional Services Agreement dated March 28, 2012, herein referred to as Original Agreement for the First Stage of Design for the Bozeman Creek Enhancement Project for Bogert Park; and WHEREAS, the Scope of Work included as Attachment A of the Original Agreement contained a provision that upon acquisition of the necessary funding and at the sole discretion of the City Confluence Consulting may be selected to complete the design and oversee the construction of the project to its completion. WHEREAS, the parties desire to further amend the provisions of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, the parties agree as follows: The conditions and provisions set forth in the attached Scope of Work for Construction Administration for Bozeman Creek Enhancements at Bogert Park Submitted 6/30/16 are hereby incorporated in and made part of this agreement. The Scope of Services and Consulting Fees are increased per this exhibit. Section 4 – Payment: Section 4 of the original agreement is modified to include the following: Consultant is to provide construction administration and oversight and produce the specified project deliverables for a total fixed cost of $36,669. This figure includes all labor, equipment, materials, and expenses. Deliverables are specified in the attached Scope of Work for Construction Administration for Bozeman Creek Enhancements at Bogert Park Submitted 6/30/16. Work may begin once City so notifies Consultant. Consultant shall be paid on a fixed fee basis with the total amount not to exceed $36,669. Progress payments will be paid monthly upon submittal of itemized invoices providing percentage complete for major task items. Except as specifically amended herein, the original agreement shall remain in full force and effect and the Parties shall be bound by all terms and conditions therein. 25 2 IN WITNESS WHEREOF, the parties hereto do make and execute this Agreement. CITY OF BOZEMAN CONFLUENCE CONSULTING BY: __________________________________ BY:___________________________________ (City Manager) (President) DATE:________________________________ DATE:_________________________________ ATTEST: BY:____________________________________ (City Clerk) 26 1 Scope of Work for Construction Administration for Bozeman Creek Enhancements at Bogert Park Submitted 06/30/16 The following scope of work includes work anticipated to provide construction administration, oversight, and as-built documentation for the Bozeman Creek Enhancement at Bogert Parkproject. Task 1. Project Management This task includes all project management tasks as necessary to successfully complete thisphase of work. Project management subtasks include: 1.1 -Contracting, subcontracting, budget tracking, and progress reports. 1.2 –Project team communication, coordination, and logistics. Includes internal design team meetings, coordination and communication with client, andcoordinating subcontractor activities. Task 1 Deliverables 1.Budget updates, as requested Task 2.Bid Period Assistance 2.1 -Respond to Bidder’s Questions. This task includes response to prospective bidders questions related to the design /construction of the project. 2.2 –Prepare AddendaIf required, an addendum will be prepared to include with the project plans/specifications including items identified during the bid process. Task 2 Deliverables 1.Confluence will compile questions and prepare a response to bidder’s questions in and submit responses electronically via email.2.Addendum to plans/specifications will be provided in digital format and submitted to Cityfor review prior to submission to bidders. Task 3.Construction Administration 3.1 –Preconstruction ConferenceConfluence will attend site visit at the project site to discuss project supervision, on-site inspection, progress schedule and reports, payments to contractors, contract change orders, insurance, safety, traffic control, and any other items pertinent to the project. 3.2 –Construction Staking 27 2 Construction staking will be conducted for the project with a total of 5 staking trips. Thekey project elements listed below will be staked sufficiently to allow construction of the project in accordance with the plans and specifications. A.Access Agreement limits on west side of creek B.Channel Realignment and bank stabilization stationingC.High Flow Swale and rock revetment.D.New bridge E.Gravel trails east of creekF.Concrete sidewalk west of bridgeG.Rain garden H.Utilities and Irrigation 3.3 -Review and Submit submittals to City The design team will review all submittals to ensure compliance with the project plansand specifications, including; compaction tests results, concrete reports and tests, channel material specifications, landscape schedule and material specifications, bridge shop drawings, material and specifications, playground equipment shop drawings. 3.4 -Review and Submit to City for approval of field change order Confluence will review change orders requested by the contractor and makerecommendations to the City regarding the appropriateness of the requests. 3.5 -Provide and review of planting and irrigation staking with City prior to installationThe design team will provide staking/flagging of proposed plantings and irrigation locations prior to installation. The City will be notified and a site visit will be held with the City to review plan prior to installation. 3.6 -Provide on-site inspection of channel workConfluence will provide on-site inspection of channel work to ensure the channel isconstructed in accordance with the plans and specifications. 3.7 -Provide on-site inspection of bridge installation Confluence will provide on-site inspection of channel work to the bridge is constructed in accordance with the plans and specifications. 3.8 -Attend weekly progress meetings Confluence will attend up to 5 construction progress meetings to be held on site weeklywith the contractor and City representatives. 3.9 -Perform Final walk-through and prepare punch listConfluence and design team members will attend a final walk-through meeting upon completion of the project. A punch list of items to be completed by the contractor will be developed and provided to the City and contractor. 3.10 -SWPPP Oversight and AdministrationConfluence will administer the Stormwater Pollution Prevention Plan in accordance withthe permit obtained from the Department of Environmental Quality. Confluence will maintain required records and document changes, as needed during the constructionphase of the project. 28 3 Task 3 Deliverables 1.All submittals will be provided to the City upon review by the design team. Submittals will be provided in .pdf format via email.2.All change orders will be provided to the City upon review by the design team. Change orders will be provided in .pdf format via email. 3.A punch list will be created after the final walk-through and provided to City andcontractor in .pdf format via email. Task 4.Project Closeout 4.1 –Prepare as-built drawings As-built drawings for the project will be prepared in accordance with City specifications. Task 4 Deliverables 1.As-built drawings will be provided to the City in .pdf format. Task 5.FEMA LOMR Application 5.1 –Update and Revise HEC-RAS model based on as-builts The HEC-RAS model previously developed for the CLOMR application will be revised as necessary to reflect the constructed project. 5.2 –Prepare LOMR application based on as-builts The LOMR application will be prepared based on the approved CLOMR applicationwhichwill be revised as necessary to reflect the constructed project. 5.3 –Evaluate project based on preliminary Bozeman Creek Floodplain StudyThe constructed project will also be evaluated using the HEC-RAS model for the preliminary Bozeman Creek Floodplain Study in order to tie into the new maps that are currently being reviewed. 5.4 –Respond to FEMA comments Confluence will provide responses to any comments received during the FEMA reviewprocess. Task 5 Deliverables 1.LOMR Application in .pdf format. 29 4 Proposed Subcontractors TD&H Engineering Construction Staking (Task 3.1) Design 5 Respond to bidder’s questions (Task 2.2)Review and Submit submittals (Task 3.2) Provide and review of planting and irrigation staking (Task 3.4) Final Walk-through (Task 3.8) Vaughn Environmental Services Review and Submit submittals (Task 3.2) Provide and review of planting and irrigation staking (Task 3.4) Intrinsik Respond to bidder’s questions (Task 2.2) Review and Submit submittals (Task 3.2)Provide on-site inspection of bridge installation (Task 3.6) Final Walk-through (Task 3.8) Prepare as-built drawings (Task 4.1) 30 5 Cost Estimate A cost estimate for performing this additional scope of work is provided below. Project Manager Engineer Technician TD&H Intrinsik Vaughn Design 5 Markup $110.00 $95.00 $70.00 $100.00 $100.00 $85.00 $90.00 10% 1 Project Management and Communications 1.1 Contracting, subcontracting, budget management, reporting 1.00 6.00 -$$680.00 $680.00 1.2 Project Team communications, coordination, logistics 1.00 8.00 -$$870.00 $870.00 Subtotal $220.00 $1,330.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,550.00 $1,550.00 2 Bid Period Assistance 2.1 Respond to bidder's questions 8.00 9.60 3.00 123.00$$2,113.00 $2,113.00 2.2 Prepare addenda 6.00 -$$570.00 $570.00 Subtotal $0.00 $1,330.00 $0.00 $0.00 $960.00 $0.00 $270.00 $123.00 $2,683.00 $2,683.00 3 Construction Administration 3.1 Preconstruction Site Visit 3.00 -$$285.00 $285.00 3.2 Construction Staking (5 trips)2.00 63.00 630.00$$7,120.00 $7,120.00 3.3 Review and Submit submittals to City (tests, reports, landscape items, shop drawings)6.00 16.00 2.00 3.00 204.00$$2,814.00 $2,814.00 3.4 Review and Submit to City for approval of all field and change order 8.00 -$$760.00 $760.00 3.5 Provide and review of planting and irrigation staking with City prior to installation 1.00 20.59 8.00 247.00$$2,812.00 $2,812.00 3.6 Provide On-site inspection of channel work 40.00 6.00 51.00$$4,361.00 $4,361.00 3.7 Provide On-site inspection of bridge installation 4.00 21.40 214.00$$2,734.00 $2,734.00 3.8 Attend weekly progress meetings 10.00 -$$950.00 $950.00 3.9 Perform Final walk-through and prepare punch list 4.00 3.00 3.00 $950.00 $950.00 3.4 SWPPP Oversight and Administration 8.00 -$$760.00 $760.00 Subtotal $0.00 $8,170.00 $0.00 $6,300.00 $4,040.00 $2,430.00 $1,260.00 $1,346.00 $23,546.00 $23,546.00 4 Project Close-Out 4.1 Prepare as-built drawings 6.00 16.00 5.00 50.00$$2,240.00 $2,240.00 $0.00 $570.00 $1,120.00 $0.00 $500.00 $0.00 $0.00 $50.00 $2,240.00 $2,240.00 5 FEMA LOMR Application 5.1 Update and Revise HEC-RAS model based on as-builts 8.00 -$$760.00 $760.00 5.2 Prepare LOMR application based on as-builts 16.00 -$$1,520.00 $1,520.00 5.3 Evaluate project based on preliminary Bozeman Creek Floodplain Study 30.00 -$$2,850.00 $2,850.00 5.4 Respond to FEMA comments 16.00 -$$1,520.00 $1,520.00 $0.00 $6,650.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $6,650.00 $6,650.00 Subtotal $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Quantity 2.00 190.00 16.00 63.00 55.00 28.59 17.00 $1,519.00 36669.00 $36,669.00 Total Cost $220.00 $18,050.00 $1,120.00 $6,300.00 $5,500.00 $2,430.00 $1,530.00 1,519.00$36,669.00$36,669.00$ DIRECT COSTSFEES Bogert Park Construction Oversight Budget TotalTask No.Task Description Subtotal 31