HomeMy WebLinkAbout17- Amendment 8 to PSA - Morrison-Maierle, Inc. - Wastewater Collection System Facility Plan UpdateAMENDMENT NO. 8 TO
PROFESSIONAL SERVICES AGREEMENT
FOR
WASTEWATER COLLECTION SYSTEM FACILITY PLAN UPDATE
MMI. No. 417.072
THIS IS AN AGREEMENT made as of IA!" A -t— 1 , 2017,
between THE CITY OF BOZEMAN, a Municipal Corporation, P.O. Box 1230, Bozeman,
Montana, 59771-1230 (OWNER) and Morrison-Maierle, Inc., P.O. Box 1113, Bozeman,
Montana, 59771-1113 (ENGINEER).
WHEREAS the parties previously entered into a Professional Services Agreement dated
March 17, 2014, herein referred to as the Original Agreement, for professional engineering
services for the Wastewater Collection System Facility Plan Update; and
WHEREAS, the scope of the Original Agreement included services for the plan update;
and
WHEREAS, the Original Agreement was amended with Amendment No. 1 dated October
20, 2014, and with Amendment No. 2 dated, February 2, 2015, to include additional services
related to the City's Industrial Pre -Treatment Program and flow monitoring, and with Amendment
No. 3, dated June 22, 2015, to include pre -design services for the Garfield Sewer Project, and with
Amendment No. 4, dated December 14, 2015, to include additional wastewater collections system
modeling, and with Amendment No. 5, dated January 25, 2016, to provide preliminary and final
design services for the Garfield Sewer Project, and with Amendment No. 6, dated June 20, 2016,
to provide flow monitoring services and additional Industrial Pre -Treatment Program assistance,
and with Amendment No. 7, dated September 12, 2016 to provide construction services for the
Garfield Sewer Project; and,
WHEREAS, the parties desire to amend the Agreement to include additional construction
phase services for the Garfield Sewer Project and additional services for the Industrial Pretreatment
Program.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, the parties agree as follows:
The conditions and provisions set forth in the attached EXHIBIT C-9 — SCOPE OF SERVICES
AND ESTIMATED FEE FOR ADDITIONAL CONSTRUCTION ENGINEERING SERVICES
-GARFIELD SEWER PROJECT, and EXHIBIT C-10 - SCOPE OF SERVICES AND
ESTIMATED FEE FOR ADDITIONAL SERVICES FOR THE INDUSTRIAL
PRETREATMENT PROGRAM are hereby incorporated in and made part of this Agreement.
Article 1 - Engineering Services
Section 1.11 is added to the Original Agreement as follows:
1.11 Additional services for construction engineering services for the Garfield Sewer Project as identified in
Exhibit C-9 and additional services for the Industrial Pretreatment Program as identified in Exhibit C-10.
Article 6 - Compensation For Engineering Service
Article 6.2.1 is amended as follows:
6.2.1 The OWNER shall pay for Construction Phase and Project Documentation Services an amount not to
exceed $148,144.00 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.
6.2.1.2 Notification. At any time during the construction that it becomes apparent that the 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 2.87 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.
Article 6.2.4.1 is amended as follows:
6.2.4.1 Payment. The OWNER shall for additional services performed in support of the Industrial
Pretreatment Program a total not to exceed $76,464.00 and for additional services performed for
Wastewater Collection System Flow Monitoring a total not to exceed $9,000.00 under the direct
labor cost basis identified in 6.2.4.
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.
In witness whereof, the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN, MONTANA
BY:
"ity Manager)
DATE: Z61--7
ATTEST:
0Z
BY:
(City C erk) ` C -v
. 9LLATI1V CO•�ti�.-
MORRISON-MAIERLE, INC.
BY: 'o
��jj
(Vice -President)
DATE &?P / (21-6/'7
Exhibit C-9
Scope of Services and Estimated Fee for Additional Construction Engineering Services -
Garfield Sewer Project
City of Bozeman
April 11, 2017
Scope of Services
• Additional effort to address unqualified low bidder.
• Additional field and office effort associated with AT&T Fiber and associated change
order and additional contract time.
Estimated Fee
• Bidding Services — Senior Engineer - 15.5 hours
Supervising Engineer - 3 hours
Effort = $2,765
• Construction Services - RPR — 5 weeks at 6 hrs/day — 150 hours
Supervising Engineer — 20 hours
Misc. Expenses - $500
Effort = $22,560
Total estimated fee increase = $25,325
Original estimated fee = $122,819
Total fee = $148,144
Exhibit C-10
Scope of Services and Estimated Fee for Additional Services for the Industrial Pretreatment
Program
City of Bozeman
April 11, 2017
Scope of Services
• Services for Industrial Pretreatment Program Assistance to include services as
requested by the City to support the program.
Estimated Fee
• This amendment adds $10,000 of budget for services related to the Industrial
Pretreatment Program for a total contract budget of $76,464 for these services.