HomeMy WebLinkAbout24 - Amendments Amendment Number Unknown - Morrison-Maierle, Inc - Preliminary and Final Design Services for Sourdough Cre
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AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT
FOR SOURDOUGH CREEK INTAKE IMPROVEMENTS
MMI. No. 0417.095
THIS IS AN AGREEMENT made as of ____________________________, 20__,
between THE CITY OF BOZEMAN, a Municipal Corporation, 2880 Technology Blvd West, Bozeman, Montana, 59718 (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
January 4, 2023, herein referred to as the Original Agreement, for professional engineering services for the Sourdough Creek Intake Improvements project; and WHEREAS, the scope of the Original Agreement was amended by Amendment No. 1
dated June 6, 2023 to include grant support services for the Project; and
WHEREAS, the scope of the Original Agreement included services for the pre-design services for the Project; and
WHEREAS, the parties desire to amend the Agreement to include preliminary and final
design services for the Project. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, the parties agree as follows:
Article 1 - Engineering Services Section 1.4 is added to the Original Agreement as follows:
1.4 Preliminary and Final Design – The scope of services under this amendment is set forth in
this Agreement and the attached Exhibit C-2 “Preliminary and Final Design Scope of Services.” The fee for this work is detailed in Exhibit D-2 “Fee Estimate – Preliminary and Final Design.”
Article 4 – Basic Engineering Services Articles 4.2 and 4.3 are added to the agreement as follows: 4.2 PRELIMINARY DESIGN PHASE
After acceptance of the pre-design report and receipt of written authorization to proceed with the Preliminary Design Phase, ENGINEER shall:
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4.2.1. In consultation with OWNER determine general scope, extent and character of the
Project.
4.2.2. ENGINEER shall then prepare a Preliminary Design Report, preliminary plans and specifications and a written description for the Project.
4.2.3. Preliminary Design Report: Specific items to be addressed in the design report will
include, but not be limited to: 4.2.3.1. Summary of construction requirements with appropriate drawings for each task included in the project.
4.2.3.2. Plans for providing water and sewer services for affected properties during construction. 4.2.3.3. Summary geotechnical report for specific tasks, if needed.
4.2.3.4. Special design considerations for Project tasks with conditions not covered in standard construction methods or specifications. 4.2.3.5. A traffic control plan for each project task, if necessary.
4.2.4. Design and Construction Survey: The ENGINEER shall conduct a design field survey of the project areas, as necessary, for locating existing utilities (such as gas, power, telephone, TV cables, water and sewer lines, irrigation facilities, fences, and approach driveways), existing right-of-way and easements, and making measured drawings of or
investigating conditions of existing facilities. The ENGINEER shall provide suitable
horizontal and vertical reference control points for the construction phase. 4.2.5. Permits and Rights-of-Way: The ENGINEER shall obtain approved permits, licenses, and/or easement agreements from private landowners and any other agencies or
entities requiring similar approvals prior to bidding. These approvals will be coordinated
with the OWNER and will be made on easement and permit documents approved by the OWNER. Information and easement descriptions provided in the Basic Engineering Services will be based on data available from design surveys and courthouse records.
4.2.6. Not Used.
4.2.7. Preliminary Plans and Specifications. Prepare preliminary construction plans and specifications with information which addresses the special features of each project task.
4.2.8. Based on the information contained in the preliminary design documents,
ENGINEER will submit a revised opinion of probable Total Project Costs to the OWNER.
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4.2.9. ENGINEER shall prepare and furnish complete paper and electronic copies of preliminary bidding documents and design report as requested to OWNER and at the same
time furnish copies as directed by OWNER to agencies and/or parties having regulatory
responsibilities or direct financial participation in any part of the Project; provide any technical criteria, written descriptions and design data necessary for securing permits or approval from authorities having jurisdiction to review and approve the design, and assist owner in securing such approvals; and review documents in person with OWNER and
review authorities, and, if necessary, conduct a plan-in-hand site review. All changes
agreed to between ENGINEER and OWNER will be noted in a memorandum from the ENGINEER to the OWNER and incorporated into the final plans and specifications. The Preliminary Design Phase will be completed and submitted within 90 calendar days following
written authorization from OWNER to ENGINEER to proceed with that phase of services.
4.3 FINAL DESIGN PHASE After written authorization to proceed with the Final Design Phase, ENGINEER shall:
4.3.1. On the basis of the accepted Preliminary Design documents and the revised opinion of probable Total Project Costs, prepare for incorporation in the Contract Documents final drawings and Technical Specifications of sufficient detail to show the general scope, extent and detailed character of the work to be furnished and performed by the Contractor(s)
suitable for use in the project bidding and construction.
4.3.2. Advise OWNER of any adjustments to the latest opinion of probable Total Project Costs caused by changes in general scope, extent or character or design requirements of the Project or Construction Costs. Furnish to OWNER a revised opinion of probable Total
Project Costs based on the Drawings and Specifications.
4.3.3. Prepare for review and approval by OWNER, its legal counsel and other advisors, contract agreement forms, general conditions and supplementary conditions, and (where appropriate) bid forms, invitations to bid and instructions to bidders, special provisions,
technical specifications, and standard drawings, and other related contract documents in
conformance with the latest edition of the Montana Public Works Standard Specifications (MPWSS) and City of Bozeman Modifications to MPWSS adopted by the City of Bozeman.
4.3.4. Furnish OWNER two copies and an electronic copy of the Contract Documents
(including design drawings, specifications and contracts). The Final Phase will be complete and submitted within 30 calendar days following written authorization from OWNER to ENGINEER to proceed with that phase of services.
Article 6 - Compensation For Engineering Service
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Article 6.3 is added to the agreement as follows:
6.3 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER 6.1.1 Payment. The OWNER shall for design phase services performed as Basic Engineering Services under sections 4.2 and 4.3 of this Agreement pay a total sum in the
amount of $357,100 for such services.
6.1.2 Payment Schedule. Total cumulative payments for the pre-design phase engineering services (section 4.1) shall not exceed the following ceilings:
$ 321,390 (90 % of design fee) until the Preliminary Design Documents have been
submitted to the OWNER. 6.1.3 General. Engineer shall submit monthly statements for services rendered. The statements shall be based upon Engineer's estimate of the proportion of the total services
actually completed at the time of billing, subject to any limitations on Payments based on
completion of tasks or specific retainage requirements pursuant to the payment provisions of this Agreement.
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. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30,
Chapter 18, Part 1, MCA.
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In witness whereof, the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN, MONTANA MORRISON-MAIERLE, INC.
BY:________________________ BY: Travis Eickman, PE (City Manager) (Bozeman Office Operations Manager)
DATE:_____________________ DATE:________________________ ATTEST: APPROVED AS TO FORM:
BY:______________________ BY:___________________________
(City Clerk)
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