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HomeMy WebLinkAbout08- Lyman Creek Reservoir Improvements Project Amendment No. 1 to Professional Services Agreements AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR LYMAN CREEK RESERVOIR IMPROVEMENTS PROJECT MMI. No. 417.055 THIS IS AN AGREEMENT made as of ove~b~j, , 2008, 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 December 18, 2007, herein referred to as the Original Agreement, for professional engineering services for the Lyman Creek Reservoir Improvements Project; and WHEREAS, the scope of the Original Agreement included pre-design engineering services only; and WHEREAS, the parties desire to amend provisions of the Original Agreement to include design, permitting and construction engineering services for the project. 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-1- SCOPE OF SERVICES FOR LYMAN CREEK RESERVOIR IMPROVEMENTS PROJECT (DESIGN AND CONSTRUCTION PHASE), EXHIBIT D-1 -ENGINEERING FEE ESTIMATE (DESIGN), EXHIBIT D-2 - ENGINEERINGFEE ESTIMATE LYMAN CREEK RESERVOIR IMPROVMENTS (BIDDING AND CONSTRUCTION), EXHIBIT D-3 -ENGINEERING FEE ESTIMATE SOURDOUGH RESERVOIR IMPROVEMENTS (BIDDING AND CONSTRUCTION) are hereby incorporated in and made part of this Agreement. Article 1 - En~ineerin~ Services Section 1.1 of the Original Agreement is replaced with the following: 1.1. The detailed description of the specific project components is described as follows: I.1.1 Pre-Design Investigation Report Perform pre-design level engineering services for various improvements at the Lyman Creek Water Supply Site and at the Sourdough Tank Site. 1 1.1.2 Preliminary and Final Design, and Bidding and Construction Engineering Services Preliminary and Final Design, Permitting and Bidding and Construction Engineering Services for various improvements at the Lyman Creek Water Supply Site and at the Sourdough Tank Site. 1.2. The scope of services under this contract are set forth in this agreement and the attached EXHIBITS. ARTICLE 4 -Basic En~ineerinE Services Section 4.2 through Section 4.7 are included as part ofthis amendment. The following sections ofArticle 4 are modified: 4.2.6. Geotechnical Explorations and Analysis: No geotechnical services are to be provided. The last sentence of Section 4.2 of the Original Agreement is replaced with the following: The Preliminary Design Phase will be completed and submitted within 30 calendar days following written authorization from the OWNER to ENGINEER to proceed with that phase of services. The last sentence of Section 4.3 of the Original Agreement is replaced with the following: The Final Design Phase will be completed and submitted within 30 calendar days following written authorization from the OWNER to ENGINEER to proceed with that phase of services. Section 4.8 is added to the Original Agreement as follows: 4.8 LYMAN CREEK RESERVOIR DISCHARGE PERMIT APPLICATION The ENGINEER will submit a discharge permit application to the Montana Department of Environmental Quality to address concerns regarding the leaking reservoir liner. This task is further defined in Exhibit C-1, Task 6.1. Article 6 -Compensation For Engineering Service Article 6.1 of the original agreement is modified as follows: 6.1 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER 6.1.1.1 Payment. The OWNER shall for design phase services performed as Basic Engineering Services under section 4.1, with the exception of Task 6, and under section 4.2 through 4.3 of this agreement pay a total sum in the amount of $215,636.00 for such services. 6.1.2.1 Payment Schedule. Total cumulative payments for the design phase engineering services (section 4.2 through 4.3) shall not exceed the following ceilings: 2 $172,809.00 (80 % of fee) until the Preliminary Design has been submitted to the OWNER. $215,636.00 (100% of fee) until the Final Plans and Specifications have been submitted to the OWNER. Article 6.2 of the original agreement is modified as follows: 6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER. Bidding, construction and project documentation services performed as Basic Engineering Services under sections 4.4 through 4.7 including General Administration of Construction Contract, Resident Project Representation, Project Documentation, and Construction Testing, 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 $108,264.00 except as provided under 6.2.1.2 and 6.2.4. 6.2.2. Reimbursable Expenses, as defined in section 7.4 of this Agreement, for Basic Services and Approved Additional Services shall be paid to the ENGINEER by the OWNER in the actual amount of the costs incurred up to an amount not to exceed $9,266.00 which includes $-zero- for consultants employed by the Engineer and $9,266.00 for all other reimbursable expenses. The estimated reimbursable expenses are identified in Exhibit "D-2" and "D-3". Article 6.3 of the original agreement is modified as follows: 6.3 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER. Pre-design phase services performed as Basic Engineering Services under section 4.1, Task 6, and services provided under section 4.8 shall be compensated in accordance with the following: 6.3.1 The OWNER shall pay for pre-design services under section 4.1, Task 6, and services provided under section 4.8 an amount not to exceed $37,485.00 except as provided under 6.3.1.2 and 6.3.4. 6.3.2. Reimbursable Expenses, as defined in section 7.4 of this Agreement, for Basic Services and Approved Additional Services shall be paid to the ENGINEER by the OWNER in the actual amount of the costs incurred up to an amount not to exceed $28,797.00 which includes $27,971.00 for consultants employed by the Engineer and $826.00 for all other reimbursable expenses. The estimated reimbursable expenses are identified in Exhibit "D". 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:C~..a ~~ (City Manager) ~r ATTEST: BY: ( 'ty Cl r N:\0417\O55\DOCS\Contract\draft PSA Amendment #1 v2.doc MORRISON-MAIERLE, INC. BY: ~ ~=~ (Vice-President) DATE: Oaf a4 0208 4 Exhibit C-1 Scope of Services for Lyman Creek Reservoir Improvements Project October 17, 2008 Design and Construction Phase The design and construction phase are intended to develop construction documents and assist the owner through the construction phase of the project. Design phase services include design and preparation of construction documents ready for bidding. Construction phase services commence at advertisement for bidding. Separate construction document packages will be developed for the Sourdough Reservoir concrete repairs and the remainder of the project. The following sections describe each task item and the conceptual solution approved as part of the pre-design phase Task 1.1 Water Treatment Improvements Task Description -This task includes increasing the capacity of chemical storage, modifications to the chemical injection and sampling systems, and the relocation of process equipment associated with the piping reconfiguration. Task 2.1 Plant Piping Task Description -This task includes a new flow control valve, a new pressure reducing valve and piping changes associated with the chemical injection and sampling modifications. Task 3.1 Controls Task Description -This task includes the following: • Relocation of controls as needed for the new equipment • Level sensor in reservoir building • Modification of controls for chemical injection and sampling • Modification of controls for new flow control valve and metering valve Task 4.1 Outlet Building Task Description -This task includes new electric heat, the installation of a flow meter and the relocation of the fluoride injection equipment from the treatment building to the outlet building. Task 4.3 and Task 4.5 Treatment Building Heating Task Description -This task includes the installation of propane heat for the treatment building. Task 4.4 Treatment Building Electrical Improvements Task Description -This task includes the necessary modifications to the electrical system to provide for the new flow control equipment. Task 5.1 Spring Improvements Task Description -This task includes short term monitoring program identified in the pre-design investigation report, section 5.2.3.4.1. This task also includes the expansion of the spring including the installation of the upper collector system. A wetlands investigation and topographic survey of the spring expansion site is included in this task. Task 6.1 Lyman Creek Reservoir Discharge Permit Task Description -This task includes the following items: • Preparation of MPDES Form 1 • Preparation of MPDES Form 2E • Submittal to DEQ • Correspondence and meetings with DEQ and City Staff • Responding to DEQ comments • Water quality sampling and testing • Conceptual de-chlorination design • Task is further defined in Exhibit A-3 The effort associated with this task has been estimated based on primarily using available data in preparation of the application. There is the potential that DEQ may require additional analysis and/or field investigations that would be beyond the effort budgeted for this task. Task 7.1 Sourdough Reservoir Rehabilitation Task Description -This task includes the repair of the dome ring on the Sourdough Reservoir. Task 7.3 Sourdough Reservoir Valves Task Description -This task includes the replacement of two valves and associated piping modifications in two valve vaults at the Sourdough Reservoir. The level of effort is based on the assumption that the City will install isolation valves in the transmission main downstream of the valve vaults prior to the this work taking place. Task 8 Project Coordination, DEQ Submittal, Probable Cost Opinion and Quality Assurance Task DescriRtion -This task includes effort associated with the overall project coordination. Items include the development of base plan sheets, the preparation of the contract documents, preparation of the DEQ submittal package and the project probable cost opinion. Overall project quality assurance is also included in this task. 3 ExN $rT A- 3 S~gia~ OF SERVICES Phase"`1 -Project Management r' 100 .Project Management:and Administration Phase 2 - Lyrnan Creek Reservoir 200 Lyrnan Creek Reservoir Discharge Permits Task 103. project Management -and Administration Clbjective; Manage and control the professional serc*ices contract to provide efficient completion of the> project. In addition, meet with DEQ staff in I-lelena a nd Bozeman if required. HDR'Subtasies °:141 Quality Control .& Invoicing Provide quality c©ntrol, resource: management-and. invoicing for the project: 102 NiDEQ Meetings. `T'his task..includes'two possible°zneeting with DEQ. C7ne in Helena .and one on site visit to Bozeman. Task_ZpO. Lyman Creek Reservoir t~l~char~e Permits Dbjectives~ Suhmit.:and fill out the Montana Pollutant Discharge Elimination. S}rstem {l~-II'DES) .permits. for the Lyman Creek Reservoir 8i respond to DEQ comments.. HDR St~btasks: 201 MPIIES Form 1.. Evaluate anti prepare form `l for the ©~vner to submittal. to DEQ. This- form'includes: Section A - Adduonal Forrns•, Section B - Facilitl>/Site Information; Section C - FaciltjT Contact; Section E:-Nature of Business; Section F -Applicant (Owner/Operator) Informatiern. 202 MPDES Form 2E. Evaluate and prepare farm 2E for tine Owner to submittal to DEQ. This form includes: Section.l -Receiving Waters; Section 2 -Discharge Date; Section 3 -Type of Waste; Section 4 .Ef fluent Characteristics, Section 5 - E~cept for leaks or Spills, will the discharge described in this form be intermittent or seasonal. Section 6 - Treatment.Systetn. Section 7 - ether Information; Section- 8 - Certification.. L~mrran Crcc~; llisc}~arge Pernut -Page.1 Engine~cing Services Scale 2U3 DEQ' Response: Respond. to DEQ comments as related to the discharge pet~nit. I-terns: to be provided by thQ tflwner: ~ .All requixed' s}=stem. nforrz~ation fox the preparation of the Z~mxn Creels Reservoir Discharge I'errnit. • Anl= Geotechnical data .required per DEQ. ' E~:isting or Fending Permits, Certifications, or Approvals. Application Fees< Items to bs provided by 1VI'arrison Maerle, Inc,; • De=chlorination metiiad per the discharge permit.. r 1"he prcacedure for rem©ving flus~ride for the discharge pern-ut. • tiny H~=drogeology regLlirecl far the discharge perrntt as required by DEQ. • Grab Samples for zv-atex qualit<~ testing puxposes per the discharge permit {Fozrn 2E). • Eneig~ Lab Testing of Grah Samples for the Discharge Permit. Items not included: • Field lY/oik Delvezables: • Application. Permit IYIPDES: Form 1~ Form '2E to the 4~vneY for Signature: and. suhinittal to T?EQ. • Response to DEQ Comments. L}man Creek DisclZargc Permit Page 2 F ngineexng Services eac~r~e Exhibit B Lyman Creek Engineering Services Budget Summary Task ©escriPtion Total. 1OQ Projeict Management 1:01 Quality Gantr~'I & lnvaic'rng '102 1111DEQ.Meetings 200 Lyman Creek Reservoir Discharge Femti# 201 'MPDES Farris 1. 202 MPDES Farm'2E.. 203 DEQ Respartse a,~1a: 12,290.22 TOTAL PRUJECT BUDGET ~ 17,oos.a7 Exhibit B Lyman Greek Budget 1 of 1 61301208 Exhibit B Lyman Creek Engineering Services Budget Summary Task _ Description Totai 100 Project Management $ 4,714.85 101 Quatity Control & Invoicing 102 MDEQ Meetings 200 Lyman Creek Reservoir Discharge Permit 201 MPDES Form 1. 202 MPDES Form 2E. 203 DEQ Response 12,290.22 TOTAL PROJECT BUDGET $ 17,005.07 Exhibit B Lyman Creek Budget 1 of 1 7!7/2008 d m ~ ~ L ~ U .C ~ V1 W ~ J '>•= Cl d o O 1 ~ ~ ~ i t [ 7 O N 1 1 1 1 1 1 I I M CO O C O T O H Efl EH Ifl b9 Ifl ffl 69 6 9 b4 H3 EA fA Ifl to 69 Cfl Ifl fR Cp pp O f0 O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 i(') 0 0 0 0 O ffl (O M Cfl I[) M O O t+> r t0 ~ h~ r tV f0 M CV ~ ~ CO to cn M N N I!7 I Cs N N N r r N in N A M ~ ..I N m HI? 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G~+ W a U ~U _ ELZI ~ ~ V); ~ o E ~ ~ O, O dy C fD] v ~~s ro Q, N ~ N ~°~: ~ ~ o g fA Via{ a c~1 .~ ~; {n ~;~~ U ~ U W ~lJJ: t4 I- N 0 O N_ C 0 O O D ~ 0 O O ~ 0 0 S N~N b ~ r M r- cD N O r. T ~~ ~i ! r ~ ~ coma ~ F» ~ Fss to ess ~ a. ~ ~ ~ rn ° o a i c~ .a +~ ~ o c`a a- ~ + • o ~ U ++ ~ . ~ ~ . t7 G ~ ~ N G O ~ a itl ~ ~~ ~ a ~ •d ~ ~ t m ~ ~ ~ a ~ ~ ~ O m o~ U _ :n m °~ Xs ~ 'o X J m Exhibit "D-2" Engineering Fee Estimate (Bidding and Construction) Estimate of Bidding and Construction Phase Services Reimbursable Expenses Technology and Communications Charge $4.50/hour x 830 hrs = $3,735 (Computers, phones, faxes and plotting.) Automobile $0.65 x 2,800 miles = 1,820 Copies $0.10 x 3,000 copies = 300 Blueline Prints $0.10 x 3,000 sf = 300 Total Station $55 x 4 days = 220 GPS/RTK $200 x 1 days = 200 Miscellaneous, Postage, Shipping, Etc. = 1,000 Total =$7,575 Exhibit "D-3" Engineering Fee Estimate (Bidding and Construction) Sourdough Reservoir Estimate of Bidding and Construction Phase Services Reimbursable Expenses Technology and Communications Charge $4.50/hour x 213 hrs = $958 (Computers, phones, faxes and plotting.) Automobile $0.65 x 450 miles = 293 Miscellaneous Postage Shipping, Printing, Etc. = 400 Total =$1,651 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Bob Murray, Project Engineer Chris Kukulski, City Manager SUBJECT: 2007 Lyman Creek Reservoir Improvements Project RECOMMENDATION: Authorize City Manager to sign. MEETING DATE: 101/3/08 BACKGROUND: Attached is a copy of the partially executed Amendment No. 1 with Morrison Maierle, Inc. for Professional Engineering Services for the sewer main renovation project. The document is in the City's standard format. The original agreement only included taking the project through the predesign phase. With that effort complete, we were able to finalize the scope of work that we wanted to take to completion with the project. The amendment is to add the final design and construction phase services to the project. The proposed fee of $215,636 for design and $108,264 for construction appears to be commensurate with the project complexity and anticipated total project cost. FISCAL EFFECTS: This project will be paid for from the Water Fund. ALTERNATIVES: As suggested by the City Commission. Respectfully submitted, i~~~~~~ Robert J. urray Jr., Project ngineer Chris A. Kukulski, City Manager Attachments: Amendment No. 1 Report compiled on 10/22/2008