HomeMy WebLinkAbout10-14-19 City Commission Packet Materials - C6. Amendment 1 to TO 10 of the PSMTO with HDR Eng for the WRF Avulsion Project
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Heaston, Senior Engineer
Mitch Reister, Director of Public Works
SUBJECT: Authorize the City Manager to execute Amendment No. 1 to Task Order No. 10 of
the Professional Services Master Task Order Agreement with the firm of HDR Engineering, Inc. providing additional services for the WRF Avulsion Restoration project.
MEETING DATE: October 14, 2019
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the City Manager to execute Amendment No. 1 to Task
Order No. 10 of the Professional Services Master Task Order Agreement with the firm of HDR
Engineering, Inc. providing additional services for the WRF Avulsion Restoration project.
BACKGROUND: HDR Engineering provides professional engineering services on as on call
basis for the Bozeman Water Reclamation Facility (WRF) under a Master Task Order
Agreement entered into a March 20, 2017. Task Order 10 provides engineering services for
design and permitting to restore the avulsion on the East Gallatin River at the WRF. These
original services are complete. The attached Amendment No. 1 to Task Order No. 10 amends the original task order to provide the following additional services for the avulsion restoration
project: contract document preparation, bidding services, and construction
administration/inspection. The avulsion restoration is on a fast track to complete construction
this Fall during low flow conditions. Contract documents have been prepared and have been
advertised for bid with a scheduled bid opening on October 14.
FISCAL EFFECTS: The approved FY20 WRF operating budget contains $300,000 for the
East Gallatin River Avulsion Restoration project WW96. Amendment No. 1 to Task Order No.
10 contains a negotiated fee not to exceed of $42,500 payable on a time and materials basis
which will debit from the project WW96 funds. The engineer’s estimate for construction of the avulsion restoration is $240,000 which includes a 30% contingency as well as $30k allocation
for reconstructing the Beck Nelson Flannery ditch. Total estimated project costs to complete the
project amount to $282,500 with inclusion of the Amendment No. 1 to Task Order No. 10.
Please note the original compensation agreed to in Task Order 10 was funded by a budget
amendment to the wastewater fund approved by City Commission via Resolution 4947. Sufficient funding is available.
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ALTERNATIVES: As suggested by the Commission
ATTACHMENTS: Amendment No. 1 to Task Order No. 10 Hyperlink: Professional Services Master Task Order Agreement
report compiled on October 3, 2019
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AMENDMENT NO. 01
TASK ORDER NO. 10
FOR ENGINEERING SERVICES
EAST GALLATIN RIVER RESTORATION
WHEREAS:
HDR ENGINEERING, INC. ("HDR") entered into an Agreement on August 22, 2018 to perform
engineering services for the City of Bozeman ("CITY");
The CITY desires to amend this Agreement in order for HDR to perform services beyond those
previously contemplated;
HDR is willing to amend the agreement and perform the additional engineering services.
NOW, THEREFORE, HDR and the CITY do hereby agree:
The Agreement and the terms and conditions therein shall remain unchanged other than those sections
and exhibits listed below;
See attached ATTACHMENT A: SCOPE OF SERVICES for inclusion of Task 500- Construction
Administration.
COMPENSATION:
The anticipated level of effort for the task is increased by the attached hours spreadsheet, to be billed
as time and materials, not to exceed.
Original Compensation: $54,766.00
Amendment 01: $42,500.00
Total Compensation: $97,266.00
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year written
below:
HDR ENGINEERING, INC. ("HDR") City of Bozeman ("CITY")
By:____________________________ By:_______________________________
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Title: Vice President Title:______________________________
Date:_________________________ Date:_____________________________ 10/2/19
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Scope of Services | WRF On Call
TASK ORDER NUMBER 10: EAST GALLATIN RIVER RESTORATION
September 30, 2019 1 of 3
Attachment A - Scope of Services
Introduction
The City of Bozeman (COB) discharges treated effluent from its Water Reclamation Facility
(WRF) through an outfall into what was the main channel of the East Gallatin River (hereafter
‘discharge channel’). In late May 2018 an avulsion event completely cutoff the discharge
channel and the full flow of water is currently routed to a new channel (hereafter “avulsion
channel’).
Task 5: Construction Administration
Description of Work:
HDR will assist the City of Bozeman with contractor selection and perform construction
oversight throughout the length of the project.
Sub Tasks:
5.1 – Contract Documentation Preparation
Provide pdfs of bidding documents for issuing to plan centers, bidders, City and others
requesting copies of the bidding documents. Drawings will be half size, 11 inches by 17 inches.
Other documents will be 8 ½ inches by 11 inches. Receive requests for bidding documents and
half-size drawings, and issue and transmit the documents and drawing copies. Maintain a Plan
holders List recording to whom copies of the bidding documents and half-size drawings have
been issued. It is anticipated that the majority of the design specifications are indicated on the
drawings and the contract document specifications will include Div 0, Div 1 and required
technical specs.
5.2 – Bidding
City will administer the bid opening and prepare the bid tabulation. HDR will review the bid
tabulation sheets, and assist the City in evaluating bids and awarding the construction contract.
HDR will lead and attend a pre-bid walk through. HDR will answer technical questions from the
bidding Contractors and issue addenda.
5.3 – Contractor Selection Assistance
HDR will review bids received by the City of Bozeman and make a recommendation for
contractor selection.
5.4 – Construction Inspection
HDR will perform the following construction inspection duties:
x Construction kickoff meeting attendance. Meeting led by HDR.
x Construction staking (Task 5.6).
x Review of submittals, RFI’s and change proposals and keeping of the project
files.
x Construction inspection at key times to document contractor adherence to
approved plans.
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Scope of Services | WRF On Call
TASK ORDER NUMBER 10: EAST GALLATIN RIVER RESTORATION
September 30, 2019 2 of 3
x Approval of construction materials.
x Review and recommendation for payment of contractor invoices.
Resident Project Representative:
ENGINEER shall provide a qualified Resident Project Representative at the job site to provide
observation of the work as provided in EXHIBIT B - A LISTING OF THE DUTIES,
RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT
REPRESENTATIVE, attached to and made part of this Agreement.
The ENGINEER shall submit to the OWNER, for review and acceptance, the resume of each
Resident Project Representative who may be assigned to the job site during the course of the
Project not less than 10 calendar days prior to the pre-construction meeting. Any subsequent
change in the resident representative shall also be subject to the OWNER'S approval.
Limitations of Responsibilities:
ENGINEER will not be responsible for CONTRACTOR's means, methods, techniques,
sequences or procedures of construction, or the safety precautions and programs incident
thereto, and ENGINEER will not be responsible for CONTRACTOR's failure to perform or
furnish the Work in accordance with the Contract Documents; however, nothing contained in
this agreement shall be construed to release ENGINEER from liability for failure to properly
perform duties and responsibilities assumed by ENGINEER in the Contract Documents.
The attached Exhibit A and Exhibit B further describes the Engineer’s status during
Construction.
5.5 – As Recorded Drawings
Coordinate the preparation of final record drawings, which conform to construction records.
Furnish the Contractor with a full size copy (22 IN x 34 IN) of the project drawings for recording
construction information. Progress payment processing will be predicated upon the status of the
Contractor’s record drawings. Prepare reproducible construction record drawings for City of
Bozeman and MDEQ files from records prepared by Contractor. Provide the Owner with the
record drawings in electronic format in AutoCAD and PDF. These drawings will be based on
construction records from the Contractor, resident project representative, and City. Conduct
two-year inspection with City of Bozeman staff and Contractor.
5.6 – Construction Staking and Surveying
Pioneer Technical Services (Pioneer) will provide the necessary construction staking per the
design submitted in August of 2019. The staking will detail the project boundaries and final
elevations of the project elements. Upon completion of the construction, Pioneer will provide
surveying to verify the necessary elevations and profiles of the design have been met.
Assumptions:
x HDR to prepare contract documents.
x COB to provide HDR with preferred contract language.
x COB to advertise the project and collect contractor bids.
x Construction contract to be between COB and selected contractor.
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Scope of Services | WRF On Call
TASK ORDER NUMBER 10: EAST GALLATIN RIVER RESTORATION
September 30, 2019 3 of 3
x Construction will last 3 weeks.
Deliverables:
x Construction Contract Documents
x Recommendation of contractor.
x Construction inspection reports.
x Recommendations for contractor invoice payment.
x Record drawings.
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EXHIBIT A
TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES
ENGINEER'S STATUS DURING CONSTRUCTION
This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on
, between CITY OF BOZEMAN (OWNER) and (ENGINEER) providing
for professional engineering services.
ARTICLE 10 - ENGINEER'S STATUS DURING CONSTRUCTION
10.1. OWNER’S REPRESENTATIVE
ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the
limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract
Documents and shall not be extended without written consent of OWNER and ENGINEER.
10.2. VISITS TO THE SITE
ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the
progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance
with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on-site
inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for
OWNER's greater degree of confidence that the completed Work will conform to the Contract Documents. On the
basis of such visits and on-site observations as an experienced and qualified design professional, ENGINEER will
keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and
deficiencies in the Work.
10.3. PROJECT REPRESENTATION
If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER
in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such
Resident Project Representative and assistants will be as provided in EXHIBIT B, A LISTING OF THE DUTIES,
RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT
REPRESENTATIVE.
10.4. CLARIFICATIONS AND INTERPRETATIONS
ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements
of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which
shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If
CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or an
extension of the Contract Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR
may make a claim therefor as provided in the General Provisions of the construction Contract Document.
10.5. AUTHORIZED VARIATIONS IN WORK
ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which
do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of
the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER, and also
on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order
justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as
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to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in the General Conditions
of the Construction Contract.
10.6. REJECTING DEFECTIVE WORK
ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, and will
also have authority to require special inspection or testing of the Work as provided in the General Provisions of the
construction Contract Document whether or not the work is fabricated, installed, or completed.
10.7. SHOP DRAWINGS, CHANGE ORDERS AND PAYMENT
10.7.1. The ENGINEER's responsibility for Shop Drawings and samples shall comply with the shop drawing
provisions of the General Provisions of the construction Contract Document
10.7.2. The ENGINEER's responsibilities for Change Orders shall comply with the change order provisions of
the General Provisions of the construction Contract Document.
10.7.3. The ENGINEER's responsibilities for contractor's Application for Payment shall comply with the
payment provisions of the General Provisions of the construction Contract Document.
10.8. DETERMINATIONS FOR UNIT PRICES
ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by
CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on
such matters before rendering a written recommendation thereon (by recommendation of an Application for
Payment or otherwise) to OWNER.
10.9. DECISION ON DISPUTES
10.9.1. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the
interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and
claims under The General Conditions of the Construction Contract in respect of changes in the Contract Price or Contract
Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this
paragraph, which ENGINEER will render in writing within a reasonable time. Written notice of each such claim, dispute
and other matter shall be promptly reported and copied to the OWNER.
10.9.2. When functioning as interpreter under paragraphs 10.8 and 10.9.1, ENGINEER will not show partiality to
OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith
in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 10.8 and 10.9.1 with respect to any
such claim, dispute or other matter will be a condition precedent to any exercise by OWNER or CONTRACTOR of such
rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any
such claim, dispute or other matter.
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10.10. LIMITATIONS ON ENGINEER'S RESPONSIBILITIES
10.10.1. Neither ENGINEER's authority to act under this Article or elsewhere in the Contract Documents nor any decision
made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or
responsibility of ENGINEER to CONTRACTOR, any Sub-contractor, any Supplier, or any other person or organization
performing any of the Work, or to any surety for any of them.
10.10.2. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as
approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or
"satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of
ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the
Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of
any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of
paragraph 4.5.3.
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EXHIBIT B
TO AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES
A LISTING OF THE DUTIES, RESPONSIBILITIES AND
LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE.
This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on
, between CITY OF BOZEMAN (OWNER) and (ENGINEER) providing
for professional engineering services.
ARTICLE 11 - DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE
RESIDENT PROJECT REPRESENTATIVE
ENGINEER shall furnish a Resident Project Representative (RPR), assistants and other field staff to assist
ENGINEER in observing performance of the work of Contractor.
Through more extensive on-site observations of the work in progress and field checks of materials and equipment by
the RPR and assistants, ENGINEER shall endeavor to provide further protection for OWNER against defects and
deficiencies in the work of CONTRACTOR; but, the furnishing of such services will not make ENGINEER
responsible for or give ENGINEER control over construction means, methods, techniques, sequences or procedures
or for safety precautions or programs, or responsibility for CONTRACTOR's failure to perform the Work in
accordance with the Contract Documents and in particular the specific limitations set forth in section 4.5 of the
Agreement are applicable.
The duties and responsibilities of the RPR are limited to those of ENGINEER in this agreement and in the
construction Contract Documents, and are further limited and described as follows:
11.1. GENERAL
RPR is ENGINEER's agent at the site, will act as directed by and under the supervision of ENGINEER, and
will confer with ENGINEER regarding RPR's actions. RPR's dealings in matters pertaining to the on-site work shall
in general be with ENGINEER and CONTRACTOR keeping OWNER advised as necessary. RPR's dealings with
subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. RPR shall
generally communicate with OWNER with the knowledge of and under the direction of ENGINEER.
11.2. DUTIES AND RESPONSIBILITIES OF RPR
11.2.1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of
values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability.
11.2.2. Conferences and Meetings: Attend meetings with CONTRACTOR, such as preconstruction
conferences, progress meetings, job conferences and the project-related meetings, and prepare and circulate
copies of minutes thereof.
11.2.3. Liaison:
11.2.3.1. Serve as ENGINEER's liaison with CONTRACTOR, working principally through
CONTRACTOR's superintendent and assist in understanding the intent of the Contract Documents; and
assist ENGINEER in serving as OWNER's liaison with CONTRACTOR.
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11.2.3.2. Assist in obtaining from OWNER additional details or information, when required for proper
execution of the Work.
11.2.4. Shop Drawings and Samples:
11.2.4.1. Record date of receipt of Shop Drawings and samples.
11.2.4.2. Receive samples which are furnished at the site by CONTRACTOR, and notify
ENGINEER of availability of samples for examination.
11.2.4.3. Advise ENGINEER and CONTRACTOR of the commencement of any Work
requiring Shop Drawing or sample if the submittal has not been approved by
ENGINEER.
11.2.5. Review of Work, Rejection of Defective Work, Inspections and Tests:
11.2.5.1. Conduct on-site observations of the Work in progress to assist ENGINEER in
determining if the Work is in general proceeding in accordance with the Contract Documents.
11.2.5.2. Report to ENGINEER whenever RPR believes that any Work is unsatisfactory, faulty or
defective or does not conform to the Contract Documents, or has been damaged, or does not meet
the requirements of any inspection, test or approval required to be made; and advise ENGINEER
of Work that RPR believes should be corrected or rejected or should be uncovered for observation,
or requires special testing, inspection or approval.
11.2.5.3. Verify that tests, equipment and systems startup and operating and maintenance training
are conducted in the presence of appropriate personnel, and the CONTRACTOR maintains
adequate records thereof; and observe, record and report to ENGINEER appropriate details
relative to the test procedures and startup.
11.2.5.4. Accompany visiting inspectors representing public or other agencies having jurisdiction
over the Project, record the results of these inspections and report to ENGINEER.
11.2.6. Interpretation of Contract Documents: Report to ENGINEER when clarifications and
interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and
interpretations as issued by ENGINEER.
11.2.7. Modifications: Consider and evaluate CONTRACTOR's suggestions for modifications in
Drawings or Specifications and report with RPR's recommendations to ENGINEER. Transmit to
CONTRACTOR decisions as issued by ENGINEER.
11.2.8. Records:
11.2.8.1. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop
Drawings and samples, reproductions of original Contract Documents including all Work
Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued
subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the
Contract Documents, progress reports, and other Project related documents.
11.2.8.2. Keep a detailed and accurate diary or log book, recording CONTRACTOR hours on the
job site, weather conditions, prime and subcontractor daily work force, daily log of equipment
onsite or on standby, data relative to questions of Work Directive Changes, Change Orders or
changed conditions, list of job site visitors, daily activities, decisions, observations in general, and
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specific observations in more detail as in the case of observing test procedures; and send copies to
ENGINEER.
11.2.8.3. Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors
and major suppliers of materials and equipment.
11.2.9. Reports:
11.2.9.1. Furnish ENGINEER periodic reports as required of progress of the Work and of
CONTRACTOR's compliance with the progress schedule and schedule of Shop Drawing and
sample submittals.
11.2.9.2. Consult with ENGINEER in advance of scheduled major tests, inspections or start of
important phases of the Work.
11.2.9.3. Draft proposed Change Orders and Work Directive Changes, obtaining backup material
from CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes,
and Field Orders.
11.2.9.4. Report immediately to ENGINEER and OWNER upon the occurrence of any accident.
11.2.10. Payment Requests: Review applications for payment with CONTRACTOR for compliance with
the established procedure for their submission and forward with recommendations to ENGINEER, noting
particularly the relationship of the payment requested to the schedule of values, Work completed and
materials and equipment delivered at the site but not incorporated in the Work.
11.2.11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that
certificates, maintenance and operation manuals and other data required to be assembled and furnished by
CONTRACTOR are applicable to the items actually installed and in accordance with the Contract
Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to
final payment for the Work.
11.2.12. Completion:
11.2.12.1. Submit to CONTRACTOR, and ENGINEER a list of observed items requiring
completion or correction before ENGINEER may issue a Certificate of Substantial Completion.
11.2.12.2 Assess completion or correction of items noted under 11.2.12.1, advise ENGINEER on
their status, and make recommendation to Engineer regarding issuance of a Certificate of
Substantial completion.
11.2.12.3. Conduct final inspection in the company of ENGINEER, OWNER, and
CONTRACTOR and prepare a final list of items to be completed or corrected.
11.2.12.4. Observe that all items on final list have been completed or corrected and make
recommendations to ENGINEER concerning final acceptance.
11.3. LIMITATIONS OF AUTHORITY
Resident Project Representative:
11.3.1. Shall not authorize any deviation from the Contract Documents or substitution of materials or
equipments, unless authorized by ENGINEER.
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11.3.2. Shall not exceed limitations of ENGINEER's authority as set forth in the Agreement or the
Contract Documents.
11.3.3. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or
CONTRACTOR's superintendent.
11.3.4. Shall not advise on, issue directions relative to or assume control over any aspect of the means,
methods, techniques, sequences or procedures of construction unless such advice or directions are
specifically required by the Contract Documents.
11.3.5. Shall not advise on, issue directions regarding or assume control over safety precautions and
programs in connection with the Work.
11.3.6. Shall not accept Shop Drawing or sample submittals from anyone other than CONTRACTOR.
11.3.7. Shall not authorize OWNER to occupy the Project in whole or in part.
11.3.8. Shall not participate in specialized field or laboratory tests or inspections conducted by others
except as specifically authorized by ENGINEER.
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