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Home My WebLink About24 - Amendments Amendment Number Unknown - KLJ Engineering - Engineering Services for E. Aspen St. Pedestrian Bridge 3rd Amendment to Professional Services Agreement for Aspen Street Pedestrian Bridge Page 1 of 2 THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS 1ST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Engineering services for an Aspen Street Pedestrian Bridge dated December 8, 2020 (the “Agreement”) is made and entered into this 13th day of August, 2024, by and between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and KLJ Engineering, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. Addition to Scope of Work. This amendment will expand the scope of work for this contract to include services related to providing construction phase services as outlined in the scope of work attached as Exhibit A. 2. Addition to payment. See Exhibit A for fee proposal for services to be provided. 3. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** Docusign Envelope ID: E8553A5B-C99E-4D31-8FF7-6EA8694E66F1 3rd Amendment to Professional Services Agreement for Aspen Street Pedestrian Bridge Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA KLJ ENGINEERING By________________________________ By_____________________________ Chuck Winn, City Manager Mark Anderson Senior Vice President Public Works APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney Docusign Envelope ID: E8553A5B-C99E-4D31-8FF7-6EA8694E66F1 Exhibit A – Scope of Services Page 1 of 5 EXHIBIT A – SCOPE OF SERVICES Engineering Services for East Aspen Street Pedestrian Bridge Purpose The purpose if this Exhibit is to rescope the East Aspen Street Pedestrian Bridge project. The project was originally bid October 24, 2022, and awarded June 12, 2023. The city has elected to change the Bridge Superstructure to a prefabricated 10 ft x 45 ft steel bridge with a timber deck. With this change, two change orders have been issued to the Contractor. Change order 1 changed the Bridge Superstructure and was approved January 23, 2024. Change order 2 updating the remaining bid item prices was approved July 9, 2024. Upon execution of the two change orders, the contractor has the required approvals to proceed with construction in 2024. Per discussions with the Contractor construction is anticipated to begin in September 2024 to be completed no later than the updated completion date of December 31, 2024. KLJ was previously contracted to complete a portion of the design along with the construction administration and observation. The Bridge Superstructure and Custom Fence included in the October 24, 2022 bid opening was designed by others. This scope outlines the tasks required to redesign the abutments to accommodate a prefabricated 10 ft x 45 ft steel bridge with a timber deck (change orders 1 & 2), along with the anticipated construction administration and observation efforts. Attached is an updated scheduled comparing the actual redesign to the schedule discussed January 23, 2024 with the City. Design Engineering - $38,667 Permits – KLJ covered cost KLJ has secured USACE and DEQ permits and is working with the City to revise the floodplain permit approved February 7, 2024. • USACE permit NWO-2023-01524-MT approved January 5, 2024 will be sufficient and not require additional submittals or approvals by USACE. • MT DEQ permit MTB013360 approved November 8, 2023 will be sufficient and not require additional submittals or approvals by MT DEQ. • Gallatin County floodplain permit letter dated February 7, 2024 will be revised to include the prefab steel bridge superstructure. KLJ provided an updated certification letter to the City on July 15, 2024. In addition, KLJ provided the City design calculations and drawings from the fabricator on July 17, 2024. KLJ assumes the information submitted will be sufficient to secure a revised floodplain permit and no other submittals or approvals will be required. Docusign Envelope ID: E8553A5B-C99E-4D31-8FF7-6EA8694E66F1 Exhibit A – Scope of Services Page 2 of 5 Design Calculations KLJ will perform tasks associated with the design of the new structure components. The following tasks are included in the design calculations: • Finalize Bridge Layout • Finalize Path Layout • Abutment Walls • Abutment Foundations • Signe/Sealed Superstructure Calculations (From Supplier) • Signed/Sealed Superstructure Shop Drawings (From Supplier) • One (1) Construction Easement Exhibit • Remove Riprap Quantity • Remove Sidewalk Quantity • Quantity Calculations • Independent Check • Custom Fence designed by others to remain the same with exceptions noted in change order 2. Preliminary Plans KLJ will continue with preliminary plans dated May 10, 2021 to complete design for the new superstructure. Plan preparation will include the design calculations, drafting and engineering review for the following: • Bridge Layout • Plan Notes • Basis of Estimate • Quantities • Superstructure (From Supplier) • Substructure • Engineer’s Estimate Deliverables KLJ will conduct in-depth quality reviews to all plans, specifications and special provisions. Reviews will be completed prior to plan submittals. KLJ will assemble and distribute plans and estimate at 90% completion for review by the City. Final Plans – Revision and Submittal Revisions from the client review will be incorporated into the final plans. The final plans submittal will include the signed/sealed plans and specifications. The submittal will also include signed/sealed calculations and shop drawings provided by the truss supplier. Docusign Envelope ID: E8553A5B-C99E-4D31-8FF7-6EA8694E66F1 Exhibit A – Scope of Services Page 3 of 5 Opinion of Cost KLJ will develop the engineer’s opinion of cost for submittal to the City. Temporary Construction Easement Plat – KLJ covered cost KLJ will develop and submit one (1) signed/sealed temporary construction easement plat for the City to negotiate and secure the temporary construction easement. Change Orders KLJ will develop two (2) change orders, one for the Superstructure and one for the updated contractor estimate. Custom Fence Upon execution of change order 2, the City was still looking at options for the custom fence. Per discussions with the Contractor, the City needs to decide how to proceed no later than July 26, 2024. Milestones January 23, 2024, Change Order 1 Approved April 19, 2024, KLJ Provided City with Signed & Sealed Temporary Construction Easement Exhibit May 2, 2024, KLJ Signed & Sealed Updated Plan Sheets May 3, 2024, KLJ Submitted Signed & Sealed Updated Plan Sheets to City May 14, 2024, KLJ Submitted Signed & Sealed Updated Plan Sheets to Contractor July 3, 2024, Bridge Superstructure Fabrication Complete (Per Contractor) July 8, 2024, City Acquired Temporary Construction Easement July 9, 2024, Change Order 2 Approved July 15, 2024, KLJ provided an updated floodplain certification letter to the City. July 17, 2024, KLJ provided fabricator prefab bridge design calculations and drawings to the City. July 26, 2024, Deadline for City to decide on Custom Fence September 2024 Anticipated Construction Construction Engineering KLJ is not requesting additional budget for Construction Engineering. The Construction Engineering scope will be covered in the budget approved March 21, 2023. The purpose of this section is to rescope Construction Engineering based on the design changes. Docusign Envelope ID: E8553A5B-C99E-4D31-8FF7-6EA8694E66F1 Exhibit A – Scope of Services Page 4 of 5 Exclusions KLJ and our subconsultants are not responsible for the Contractor’s safety procedures or operations. This scope of service does not include any safety inspections of the Contractor’s equipment, procedures, or operations. In addition, KLJ and our subconsultants are not responsible for the safety of City personnel, site visitors, Contractor’s personnel, subcontractor’s personnel, or any other personnel. KLJ and our subconsultants will not proceed with their duties in areas or situations deemed unsafe or hazardous to KLJ or our subconsultants staff due to the Contractor’s non-conformance with OSHA or other agency safety regulations. KLJ and our subconsultants will not assume the duties and responsibilities of the Contractor, or its Subcontractors, including but not limited to, determining or performing construction procedures, techniques and means and methods. Construction Administration KLJ will provide project construction administration for the project and provide overall coordination of the work completed by the KLJ construction engineering team. The work shall consist of managing work assignments, internal team and safety meetings, client coordination, subconsultant coordination, plan and specification interpretation, administering requests for information from the Contractor and monitoring KLJ’s project budget and schedule. KLJ and our subconsultants will prepare for, attend, and participate in a pre-construction conference. KLJ assumes the pre-construction will be in person at City Hall. Construction Observation KLJ will provide project construction observation for the project. Task includes time to measure, track, and documents quantities related to the bid items along with reviewing and submitting contractor pay estimates. KLJ assumes the following: • One (1) on site staff for no more than 120 hours over eight (8) weeks. • Contractor will not work full-time over the eight (8) weeks. • KLJ will be on site full time during the excavation, placement, and backfilling the abutments and the placement of the bridge superstructure. Otherwise, KLJ will be on site as needed. Docusign Envelope ID: E8553A5B-C99E-4D31-8FF7-6EA8694E66F1 Exhibit A – Scope of Services Page 5 of 5 • If the Contractor elects to precast the abutments, the Contractor or Manufacturer will be allowed to submit a certification (discussed with the city) self-certifying the abutments were constructed as designed. KLJ will not be responsible for off-site construction observations. • There are two (2) trees within the work zone that will need to be removed. Possibly a 3rd tree that might inhibit access. The City’s Forestry Division can help with trimming to facilitate with crane setup. There is one (1) large cottonwood tree with branches out over the street, and the maple in the front yard which extends over the street as well. Construction Staking KLJ will provide project construction staking for the project. KLJ assumes the following: • KLJ will mobilize to the site two (2) times to complete survey tasks. • KLJ will stake offsets for proposed abutment locations. • KLJ will be able to complete the remaining staking with no more than one (2) two-man survey crews on site. • Scope does not include time for project topo, project re-cross, or CAD calculations if the Engineer and Contractor do not agree to quantities. • KLJ will require the Contractor to submit written survey requests. KLJ will consider re-staking as out of scope work and will track the associated costs. Material Testing KLJ will subcontract Western Materials Testing to provide material testing services. Contract Summary Agreement Date Amount 12/8/2020 $14,950.00 8/23/2022 $14,260.20 3/21/2023 $37,900.00 Previously Approved $67,065.20 Current Amendment $38,667.00 New Contract Amount $105,732.20 Docusign Envelope ID: E8553A5B-C99E-4D31-8FF7-6EA8694E66F1 Activity ID Activity Name Original Duration Start Finish Aspen Street ScheduleAspen Street Schedule 261 Sep-08-23 A Sep-09-24 PermitsPermits 246 Sep-08-23 A Jul-31-24 1000 KLJ Submit USACE 404 Permit 0 Sep-08-23 A 1010 KLJ Submit Floodplain Permit 0 Sep-08-23 A 1020 KLJ Submit DEQ 813 Permit 0 Sep-08-23 A 1030 DEQ Review Permit 44 Sep-08-23 A Nov-08-23 A 1040 USACE Assinged Project Number NOW-2023-01524-MT 21 Sep-08-23 A Oct-06-23 A O1100 Gallatin County Review Floodplain Permit 12 Sep-20-23 A Feb-07-24 A O1090 KLJ Provide Memo 0 Sep-20-23 A 1050 KLJ Paid Floodplain Permit Fee 1 Oct-05-23 A Oct-05-23 A 1060 USACE Review 404 Permit 53 Oct-09-23 A Jan-05-24 A 1070 DEQ Approve 318 Permit (Expires 1year)0 Nov-08-23 A 1110 USACE Approve 404 Permit (Expires 1year)0 Jan-05-24 A O1120 Gallatin County Approve Floodplain Permit (Expires 1year)0 Feb-07-24 A 1080 KLJ Provide Stamped Plans 0 May-03-24 A 1090 KLJ Provide Memo (Revised)0 Jul-15-24 A 1100 Gallatin County Review Floodplain Permit 12 Jul-16-24 A Jul-31-24 1120 Gallatin County Approve Floodplain Permit (Revised) (Expires 1year)0 Jul-31-24 RedesignRedesign 186 Dec-22-23 A Sep-09-24 2000 City Confirmation to Proceed 0 Dec-22-23 A 2010 KLJ Prepare Change Order 1 13 Dec-22-23 A Jan-09-24 A 2020 City Review Change Order 1 10 Jan-10-24 A Jan-23-24 A 2030 Fully Executed Change Order 1 0 Jan-23-24 A 2040 KLJ Receive Calcs and Shop Drawings from True North 25 Jan-24-24 A Feb-27-24 A 2050 KLJ PS&E Sidewalk Plans, Specs, Notes 68 Feb-27-24 A May-05-24 A 2070 KLJ Draft Construction Easement Plat 52 Feb-27-24 A Apr-19-24 A 2060 KLJ PS&E Abutment Plans, Specs, Notes 68 Feb-27-24 A May-05-24 A 2080 KLJ Review True North Calcs & Shop Drawings 3 Feb-28-24 A Mar-01-24 A 2090 KLJ Accept True North Calcs & Shop Drawings 0 Mar-01-24 A 2110 True North Fabricate Structure 119 Mar-04-24 A Jul-01-24 A 2120 KLJ Provide City Stamped Construction Easement Plat 0 Apr-19-24 A 2130 City Secure Construction Easement 80 Apr-19-24 A Jul-08-24 A 2170 KLJ Stamp Final Plans, Specs, Notes 1 May-02-24 A May-02-24 A 2140 City PS&E Review 7 May-03-24 A May-13-24 A 2160 City Plan Approval 5 May-13-24 A May-13-24 A 2150 KLJ Address City Review Comments 10 May-13-24 A May-13-24 A 2180 Blanton Cost Estimate 27 May-14-24 A Jun-20-24 A 2190 KLJ Prepare Change Order 2 26 Jun-20-24 A Jun-28-24 A 2200 City Review Change Order 2 9 Jul-01-24 A Jul-09-24 A 2210 Fully Executed Change Order 2 0 Jul-09-24 A 2220 Blanton Order Abutments 1 Jul-16-24 A Jul-16-24 A 2230 Glacier Precast Cast/Cure Abutments 53 Jul-16-24 A Sep-07-24 2100 Blanton Order Structure 1 Jul-17-24 Jul-17-24 2240 Ready for Construction 0 Sep-09-24 Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Qtr 4, 2023 Qtr 1, 2024 Qtr 2, 2024 Qtr 3, 2024 Qtr 4, 2024 Aspen Street Schedule Page 1 of 1 Status as of 7-17-2024 Docusign Envelope ID: E8553A5B-C99E-4D31-8FF7-6EA8694E66F1