HomeMy WebLinkAbout13- PSA between City and HDR Engineering, Amendment 3 for Wastewater Treatment Plant AMENDMENT NO. 3
TO
PROFESSIONAL SERVICES AGREEMENT
FOR
BOZEMAN WASTEWATER TREATMENT PLANT PHASE I
IMPROVEMENTS
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THIS IS AN AGREEMENT made as of 4&42
k
2013 between THE CITY OF
Box 2,
BOZEMAN, a Municipal Corporation, P.O. , Bozeman, Montana, 59771-1230
(OWNER) and HDR Engineering Inc, 8404 Indian Hills Drive, Omaha, NE 68114-4098,
(ENGINEER).
WHEREAS the parties previously entered into a Professional Services Agreement dated
April 9, 2007, herein referred to as the Original Agreement, and amended on December 1, 2008,
herein referred to as Amendment No. 1, and amended on July 16, 2012, herein referred to as
Amendment No. 2, for professional engineering services for the Bozeman Wastewater Treatment
Plant Improvements; and
WHEREAS, the scope of the Original Agreement included preliminary design and design
engineering services, Amendment No. 1 included construction services, and Amendment No. 2
included TMDL Technical Assistance; and
WHEREAS, the par-ties desire to amend provisions of the Original Agreement,
Amendment No. I and Amendment No. 2 to add additional software programming and
additional construction observation, startupand observation services associated with
repair of Digester No. 3 and extension of the construction period for the Digester No. 3 and
Solids Handling Building(Phase 3) Project.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, the parties agree as follows:
The conditions and provisions set forth below, are hereby incorporated in and made part of this
Agreement.
ARTICLE 4 - Basic Engineering Services
Section 4.5.5.added to the Original Agreement as follows:
"4.5.5. Additional Construction Contract Services. in addition to the services provided under Article 10
(Exhibit A) and Section 4.5.1 of the Original Agreement, the ENGINEER shall provide the Additional
Construction Contract Services during construction under SubTask 1600 — Added Programming and
SubTask 1700—Digester Liner Repair Observation and Contract Closeout."
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.Article 6 -Compensation For EnLxineering Service
Article 6.2 of the Original Agreement and Amendments is replaced with the following:
"6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF
ENGINEER.
Construction and project documentation services performed as Basic Engineering Services under
Sections 4.4 through 4.7 (Tasks 700, 800 & 900 in Exhibit C, and Tasks 1100, 1200, 1300, 1400
& 1500 in Exhibit F, and new 'Tasks 1600 and 1700), including General Administration of
Construction Contract, Resident Project Representation, Project Documentation, Construction.
Testing, Bidding, Project Startup & Commissioning, Application Software Programming and
Project Closeout, and Added Programming and Digester Liner Repair Observation and
Contract Closeout services shall be compensated in accordance with the following:
6.11 The OWNER shall pay for Bidding Phase, Construction Phase and Project
Documentation Services an amount not to exceed 84,767,571 ($129,957 tSubTasks 700, 800 and
900 Exhibit C)-FS4,637,614 JSubTasks 1100, 1200, 1300, 1400 and 1500 Exhibit Fl+$175.000
f SubTasks 1600 and 17001)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 315 for services rendered which shall cover
Direct Labor, Direct Labor Overhead, General & Administrative Overhead and Profit, plus
reimbursable expenses as provided in 6.2.2.
6.2.1.2 Notification. At any time during the construction that it becomes apparent that the
Bidding Phase, 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.
6.2.13 Costs Exceedin=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 2.80 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.
6.2.2. Failed Test Expenses. The ENGINEER shall maintain and provide to the OWNER, a
record of the costs associated with failing quality control tests performed for the OWNER during
the course of the construction of the project and recommend an amount the OWNER deduct from
the contractor(s)payments.
6.2.3 The OWNER shall pay an amount for Additional Services rendered by the ENGINEER
and approved in writing by the OWNER on the basis of the ENGINEER'S Direct Labor Costs
times a factor of 3.15, or an arnount otherwise negotiated at the time such services are requested
and approved by the OWNER. Additional Services also include those services defined in
SubTask 1000 of Exhibit C, in an amount not to exceed S 100,000."
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6.2.1.Not used.
6.2.5 The OWNER shall pay an amount for TMDL Technical services rendered by the
ENGINEER on the basis of the ENGINEER'S, Direct Labor Costs times a factor of 2.95 in an
amount not to exceed s20,00O." —
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 IIIDR ENGINEERING, INC.
I3Y
(City Manager) (Amanda McInni , E. Department Manager)
DATE: — DATE:
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ATTEST:
BY:
it Jerk)
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