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Home My WebLink About16- Amendment 8 to PSA - HDR Engineering - Bozeman Wastewater Treatment Plant Phase 1 ImprovementsAMENDMENT NO. 08 TO PROFESSIONAL SERVICES AGREEMENT FOR BOZEMAN WASTEWATER TREATMENT PLANT PHASE IMPROVEMENTS THIS IS AN AGREEMENT made as of 2016 between THE CITY OF BOZEMAN, a Municipal Corporation, P.O. Box 1230, Bozeman, Montana, 59771-1230 (OWNER) and HDR Engineering Inc., 8404 Indian Hills Drive, Omaha, NE 68114-4098, (ENGINEER). WHEREAS the parties previously entered into a Professional Services Agreement dated April 9, 2007, herein referred to as the Original Agreement, and amended on December 1, 2008, herein referred to as Amendment No. 1; amended on July 16, 2012, herein referred to as Amendment No. 2; amended on February 25, 2013, herein referred to as Amendment No. 3; amended on December 8, 2014, herein referred to as Amendment No. 4; amended on April 20, 2015 herein referred to as Amendment No. 5, amended on January 25, 2016 herein referred to as Amendment No. 6, amended on April 11, 2016 herein referred to as Amendment No. 7, and WHEREAS, the scope of the Original Agreement included preliminary design and design engineering services, Amendment No. 1 included construction services, Amendment No. 2 included TMDL Technical Assistance; Amendment No. 3 included additional software programming and additional construction observation, startup and observation services associated with repair of Digester No. 3 and extension of the construction period for the Digester No. 3 and Solids Handling Building (Phase 3) Project; Amendment No. 4 included additional corrective action assistance and startup and observation services associated with repair of Digester No. 3, design and procurement assistance with correction of leaking digester mixer seals at Digester No. 1 and Digester No. 2 and additional follow-on technical assistance to the City of Bozeman regarding the Montana DEQ's East Gallatin TMDL process; Amendment No. 5 to add additional follow on services for the TMDL Technical Services; Amendment No. 6 to add additional construction contract services (Tasks 2000 — 2006); Amendment No. 7 to add additional follow on services fro the TMDL Technical Services. WHEREAS, the parties desire to amend provisions of the Original Agreement, Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4, Amendment No. 5, Amendment No. 6 and Amendment No. 7, and additional professional engineering services for Amendment No. 8 for Tasks 2007 and 2008. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, the parties agree as follows: 1 The conditions and provisions set forth below, are hereby incorporated in and made part of this Agreement. ARTICLE 4 - Basic Engineering Services Section 4.5.5. added to the Original Agreement as follows: "4.5.5. Additional Construction Contract Services. In addition to the services provided under Article 10 (Exhibit A) and Section 4.5.1 of the Original Agreement, the ENGINEER shall provide the Additional Construction Contract Services during construction under Exhibit J: Task 2007- Secondary Clarifier Weirs, Baffles and Concrete Technical Assistance, Task 2008 — Water Reclamation Facility Miscellaneous Assistance. ARTICLE 6 - Compensation For Engineering Service Article 6.2 of the Original Agreement and Amendments is replaced with the following: "6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER. Construction and project documentation services performed as Basic Engineering Services under Sections 4.4 through 4.7 (Tasks 700, 800 & 900 in Exhibit C, and Tasks 1100, 1200, 1300, 1400, 1500, 1600 & 1700 in Exhibit F, and Tasks 2000, 2001, 2002, 2003, 2004, 2005, 2006), including General Administration of Construction Contract, Resident Project Representation, Project Documentation, Construction Testing, Bidding, Project Startup & Commissioning, Application Software Programming and Project Closeout, Programming and Digester Liner Repair Observation and Contract Closeout, Digester Control Building Biosolids Loadout Truck Preliminary Design, Digester Control Building DSL and TWAS Sludge Piping Modification Design, DAF Modifications Preliminary Design, Biotrain No. 1 Modifications Preliminary Design, Hot Water Heat Loop Evaluation and Preliminary Design, Secondary Clarifier Launder Covers Technical Design Package Development, and Additional Digester No. 3 Corrective Action Assistance, sub tasks 100-400 for Amendment 07 for the TMDL Assistance; Added Task 2006, Secondary Clarifiers Weirs, Baffles and Concrete Technical Assistance and Task 2008, Water Reclamation Facility Miscellaneous Assistance, services shall be compensated in accordance with the following: 6.2.1 The OWNER shall pay for Bidding Phase, Construction Phase and Project Documentation Services an amount not to exceed $5,113,783 ($129,957 {Subtasks 700, 800 and 900 Exhibit C}+ $4,767,571 {Subtasks 1100, 1200, 1300, 1400, 1500, 1600, 1700 Exhibit F}+ $20,000 {TMDL Assistance} + $175,000.00 {Subtasks 1600 and 1700 additional} + $81,411.00 {Subtasks 1800, 1900 Exhibit H; $76,411 WRF and $5,000 TMDL}, + $6,000 {TMDL Additional Assistance} + $96,782 {Subtasks 2000 to 2006 Exhibit I}+ $91,000 {TMDL Subtasks 100- 2 4001 + $5,976.00 {Subtasks 2007 and 2008 Exhibit KD except as provided under 6.2.1.2 and 6.2.4. 6.2.1.1 Costs Compensation. Compensation for these services shall be based on the ENGINEER'S Direct Labor Cost times a factor of 3.15 for services rendered which shall cover Direct Labor, Direct Labor Overhead, General & Administrative Overhead and Profit, plus reimbursable expenses as provided in 6.2.2. 6.2.1.2 Notification. At any time during the construction that it becomes apparent that the Bidding Phase, Construction Phase and Project Documentation Services rendered under this Agreement will exceed the negotiated compensation for these services, and prior to performing services in excess of the contract ceiling, the ENGINEER shall give OWNER written notice thereof. Promptly thereafter OWNER and ENGINEER shall review the scope and progress of the project work. ENGINEER shall obtain written authorization from OWNER, prior to any additional costs being incurred under paragraph 6.2.1.3. If it is determined that due to a change in project scope under paragraph 5.2.1, the ENGINEER is entitled to additional compensation, OWNER and ENGINEER may negotiate terms as provided under 6.2.1.1. The amount and terms of any additional compensation under 6.2.1.1 or 6.2.1.3 shall be negotiated and agreed in writing pursuant to 9.16. 6.2.1.3 Costs Exceeding Estimated Compensation. Except as allowed under 5.2.1, when the total cost of the original scope Construction Phase and Project Documentation Services exceeds the negotiated compensation for these services, the OWNER shall pay only for the direct costs incurred in excess of the estimated compensation. These costs consist of an amount equal to the ENGINEER'S Direct Labor Cost times a factor of 2.80 for services rendered which shall include Direct Labor, the federally audited payroll Direct Labor Overhead, and General & Administrative Overhead costs, but shall not include any allowance for profit. 6.2.2. Failed Test Expenses. The ENGINEER shall maintain and provide to the OWNER, a record of the costs associated with failing quality control tests performed for the OWNER during the course of the construction of the project and recommend an amount the OWNER deduct from the contractor(s) payments. 6.2.3 The OWNER shall pay an amount for Additional Services rendered by the ENGINEER and approved in writing by the OWNER on the basis of the ENGINEER'S Direct Labor Costs times a factor of 3.15, or an amount otherwise negotiated at the time such services are requested and approved by the OWNER. Additional Services also include those services defined in SubTask 1000 of Exhibit C, in an amount not to exceed 100,000." 6.2.4. Not used. 3 Except as specifically amended herein, the Original Agreement and Amendments 1-7 shall remain in full force and effect and the parties shall be bound by all terms and conditions therein. In witness whereof, the Parties hereto do make and execute this Agreement. CITY OF BOZEMAN, MONTANA BY: CLUB A. (City Manager) DATE: q -Z 6-16 ATTEST: p�.130 . BY: (City Clerly`° •'� 1 HDR ENGINEERING, INC. BY:4 (Amanda Mce u4iS, P.E. Area Manager) DATE: 8 EXHIBIT J CITY OF BOZEMAN, MONTANA WASTEWATER RECLAMATION FACILITY (WRF) PHASE 1 EXPANSION ADDITIONAL SCOPE OF SERVICES Tasks 2007 Secondary Clarifier Weirs, Baffles, and Concrete Repair Technical Assistance 1 1 2008 Water Reclamation Facility Miscellaneous Assistance Task 2007 — Secondary Clarifier Weirs, Baffles, and Concrete Repair Technical Assistance Objective: Provide a technical specification and drawings for the replacement of weirs and baffles and coating concrete associated with the launders for Secondary Clarifiers for City incorporation into a bid package. This work will be completed in conjunction with Task 2005. Sub Task 2007.1 - Technical Specification Development HDR/MMI will modify the Phase 1 project specification in a 5 -digit CSI specifications format. The specification will include materials specifications (similar in format to the WRF Phase 1 project for Secondary Clarifiers No. 5 and 6) for procurement and installation of new weirs and baffles and coating of the concrete associated with the launders on Secondary Clarifiers No. 1, 2, and 3. The specification will be provided to the City for City incorporation into a bid package for procurement and installation. Quality assurance and quality control review of the deliverables will be completed. Sub Task 2007.2 - Plan Development and Construction Phase Assistance HDR/MMI will develop incorporate AutoCADD plan view drawings for the weir and baffles replacement. It is assumed the following drawings will be required for the cover installation bid package: • Cover Sheet • General Abbreviations and Symbols Exhibit I - Scope of Services 1 of 2 8/24/2016 • Secondary Clarifiers 1, 2 & 3 Installation Plan Views and Sections • Photo sketches This task also includes 8 manhours total, associated with shop drawing technical review and construction installation review. Deliverables: • Specification (in .pdf format). • Plan views (AutoCADD format). City Involvement: • Review of preliminary specification provided. • Timely review of submittals and coordination of City review comments. Task 2008 — Water Reclamation Facility m Construction Support Objective: Provide assistance in support of the Water Reclamation Facility regarding ductile iron pipe fittings installed during the Phase 1 and Digester No. 3 projects. Subtask 2008.1- Construction Support HDR/MMI will provide assistance to the City as requested limited to the budget authorized in this amendment for this task. ENI) OF SCOPE OF SERVICES Exhibit I - Scope of Services 2 of 2 8/24/2016 Exhibit K City of Bozeman Water Reclamation Facility Phase 7 Expansion Amendment No. 8 Engineering Fee Estimate Task Cost Summary Task Task Description Direct Labor txpenses esy Task Task Total Digester Control Building Biosolids Loadout Truck Bay and Building Extension 2000 Assistance $ $ $ 2001 Digester Control Building DSL and TWAS Sludge Piping Modification Assistance $ $ $ 2002 DAF Modifications Preliminary Design Memorandum $ $ $ 2003 Biotrain No. 1 Modifications Preliminary Design $ $ $ - 2004 Hot Water Heat Loop Evaluation and Preliminary Design $ $ $ 2005 Secondary Clarifier Launder Covers Technical Assistance $ $ $ 2006 Digester No. 3 Corrective Action Assistance $ $ $ 2007 Secondary Clarifier Weirs, Baffles and Concrete Technical Assistance $ 4,662.00 $ 410.00 $ 5,072.00 2008 Water Reclamation Facility Miscellaneous Assistance $ 856.80 $ 48.00 $ 904.80 Total Labor and Expenses Cost by Task $ 5,518.80 $ 458.00 $ 5,976.80 Expense Summary Expenses Miscellaneous $ 100.00 Travel Expenses $ 20.00 Mapping/Photos/Surveys $ - Printing and Photocopying $ 50.00 Technology $ 288.00 Total Expenses $ 458.00 TOTAL ESTIMATED ENGINEERING SERVICES FEE $ 5,976.80 MMI—Task 2007.2008.xlsx Page 1 of 1 8/24/2016 Secondary Clarifier Weirs, Baffles and 2007 Concrete Technical Assistance HDR Staff Dan Harmon John Koch Craig Caprara Nathan Kutil Rickey Schultz Coralynn Jones Tom Hanou Bob Bower Donn Hogan Ted Kontonickas Mario Benisch Don Best Adam Serock Ken McGowan Heather Fancher Katie Ward Chris Kelly HDR Totals Morrison Maierle Staff Nancy Cormier James Nickelson Mike Kaczmarek Nate Menuez Steve Malmberg Travis Meyer Bill Farrell Steve Rude Mike Brandt/Tom Coburn Roger Sommerville Steve Malmberg Sue Dugan/Paula Madden Morrison Maierle Totals TOTAL HOURS Secondary Clarifier Weirs, Baffles and 2007 Concrete Technical Assistance Subtasks 2007.1 2007.2 Total Hours 100.00 Rate $ Total 0 0 0 $ 68.00 $ - 0 0 0 $ 66.00 $ - 0 0 0 $ 66.00 $ - 0 0 0 $ 38.00 $ - 0 0 0 $ 33.00 $ - 0 0 0 $ 33.00 $ - 0 0 0 $ 39.00 $ - 0 0 0 $ 65.00 $ - 0 0 0 $ 62.00 $ - 0 0 0 $ 68.00 $ - 0 0 0 $ 54.00 $ - 0 0 0 $ 64.00 $ - 0 0 0 $ 38.00 $ - 01 0 0 $ 61.00 $ - 0 0 0 $ 30.00 $ - 0 0 0 $ 29.00 $ - 0 0 0 $ 31.00 $ - .. ' _ 0 0 0 $ 49.00 $ - 4 2 6 $ 58.00 $ 348.00 0 0 0 $ 41.00 $ - 0 0 0 $ 46.00 $ - 81 24 32 $ 34.00 $ 1,088.00 0 0 0 $ 58.00 $ - 0 0 0 $ 32.00 $ - 0 0 0 $ 36.00 $ - 0 0 0 $ 41.00 $ - 0 0 0 $ 38.00 $ - 0 0 0 $ 35.00 $ - 2 0 2 $ 22.00 $ 44.00 r. Total Labor $ 1,480.00 OH/Profit Multiplier x3.15 Total Direct Labor $ 4,662.00 Direct Expenses: Miscellaneous $ 100.00 Travel Expenses $ 20.00 Mapping/Photos/Surveys $ - Printing and Photocopying $ 50.00 Technology $ 240.00 Total Direct Expenses $ 410.00 TASK TOTAL 5,072.00 Water Reclamation Facility Miscellaneous 2008 Assistance HDR Staff Dan Harmon John Koch Craig Caprara Nathan Kutil Rickey Schultz Coralynn Jones Tom Hanou Bob Bower Donn Hogan Ted Kontonickas Mario Benisch Don Best Adam Serock Ken McGowan Heather Fancher Katie Ward Chris Kelly HDR Totals Morrison Maierle Staff Nancy Cormier James Nickelson Mike Kaczmarek Nate Menuez Steve Malmberg Travis Meyer Bill Farrell Steve Rude Mike Brandt/Tom Coburn Roger Sommerville Steve Malmberg Sue Dugan/Paula Madden Morrison Maierle Totals TOTAL HOURS Miscellaneous Travel Expenses $ - Mapping/Photos/Surveys $ Printing and Photocopying $ - Technology $ 48.00 Total Direct Expenses $ 48.00 -� .VNIRNa Total Labor $ 272.00 OH/Profit Multiplier x3.15 Total Direct Labor $ 856.80 Direct Expenses: Miscellaneous Travel Expenses $ - Mapping/Photos/Surveys $ Printing and Photocopying $ - Technology $ 48.00 Total Direct Expenses $ 48.00 TASK TOTAL 904.80