HomeMy WebLinkAbout14- HDR Amendment 4 Bozeman Wastewater Treatment Plant Phase 1 Improvements AMENDMENT NO. 4
TO
PROFESSIONAL SERVICES AGREEMENT
FOR
BOZEMAN WASTEWATER TREATMENT PLANT PHASE I
IMPROVEMENTS
THIS IS AN AGREEMENT made as of td-2 , 2014_between THE CITY OF
BOZEMAN, a Municipal Corporation, P.O. Box 1230, 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; amended on July 16, 2012, herein referred to as
Amendment No. 2; and amended on February 25, 2013, herein referred to as Amendment No. 3
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, Amendment
No. 2 included TMDL Technical Assistance; Amendment No. 3 to add additional software
programming and additional construction observation, startup and 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, and
WHEREAS, the parties desire to amend provisions of the Original Agreement,
Amendment No. 1, Amendment No. 2, and Amendment No. 3 to add additional corrective
action assistance and startup and observation services associated with repair of Digester
No. 3, design and procurement assistance with correction of leaking digester mixer seals at
Digester No. 1 and Digester No. 2 and additional follow-on technical assistance to the City
of Bozeman regarding the Montana DEQ's East Gallatin TMDL process
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.
1
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 1800 — Digester Corrective Action Assistance and
SubTask 1900—Digester Mixer Seal Repair Assistance,"
Article 6 - Compensation For Engineering 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, 1600 & 1700 in Exhibit F, and new Tasks
1800 and 1900 in Exhibit H), including General Administration of Construction
Contract; Resident Project Representation, Project Documentation, Construction
Testing, Bidding, Project Startup & Commissioning, Application Software
Programming and Project Closeout, Programming and Digester Liner Repair
Observation and Contract Closeout, Added Digester Corrective Action
Assistance and Digester Mixer Seal Repair Assistance services 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 $4,890,648
($129,957{SubTasks 700, 800 and 900 Exhibit C}+$4,767,571 {SubTasks 1100,
1200, 1300, 1400, 1500, 1600, 1700 Exhibit F}+$76,411 {SubTasks 1800 and
1900-Exhibit II) 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 3.15 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
2
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.
6.2.1.3 Costs Exceeding 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 amount 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 $100,000."
6.2.4. 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 3.15 in an amount not to exceed $20,000.
6.2.6 The OWNER shall pay an amount for additional follow-on TMDL
Technical Services rendered by the ENGINEER on the basis of the
ENGINEER'S Direct Labor Costs times a factor of 3.15 in an amount not to
exceed $5,000."
3
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 HDR ENGINEERING, INC.
BY: P 47
BY:
(City Manager) (Amanda Mclnni '.E. Departmen Manager)
DATE: 1 2 U - Li- DATE: Ani/a, oUit
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EXHIBIT H
CITY OF BOZEMAN, MONTANA
WASTEWATER RECLAMATION FACILITY (WRF)
PHASE 1 EXPANSION
ADDITTIONAL SCOPE OF SERVICES
Tasks
1 800 Digester No. 3 Corrective Action Assistance
1 900 Digester Mixer Seal Repair Assistance
Task 1 800 - Digester No. 3 Corrective Action Assistance
Objective:
Amendment No. 3 provided for added construction observation and startup assistance services
for completion of repairs to the Digester No. 3. The Amendment was based upon a projected
project construction completion in May 2013. The corrections to Digester No. 3 are projected to
extend as much as 18 months beyond the May 2013 projection. This Task provides for
additional technical assistance,field observation and construction engineering administration for
completion of the corrective actions that were agreed upon between the City of Bozeman and the
Construction Contractor(McAlvain Construction).
Subtask 1800. 1- Digester Corrective Action Technical Assistance
HDR/MMI will provide assistance to the City for coordination and confirmation of compliance
to the corrective actions by the Construction Contractor for repair of the digester interior HDPE
liner and concrete walls and roof system. HDR/MMI will provide periodic summaries to the
City on the status of the corrective actions and will provide formal certification of the corrective
actions at agreed upon stages of the construction process.
Subtask 1800.2- Construction Engineering
HDR/MMI will consult and advise the City of Bozeman as set forth in the engineering services
contract throughout the extended time period associated with the corrections to Digester No. 3,
including delayed startup services and SCADA programming that is unable to be completed until
the Digester Facility is substantially complete and ready for final commissioning and startup.
The City of Bozeman's instructions to the Contractor will be issued through HDR/MMI, who
will have limited authority to act on behalf of the City of Bozeman to the extent provided in the
Exhibit H -Scope of Services 1 of 4 11/12/2014
Prime Services Agreement(PSA). HDR/MMI will consult with and advise the City of Bozeman
as set forth in Section 4.5 and Article 10, Exhibit A of the PSA.
Subtask 1800.3 - On-site Construction Observation
HDR/MMI will provide periodic resident project representation at the site during completion of
corrective actions associated with Digester No. 3, and further outlined in the Final Technical
Agreement Concerning Repair of Digester No. 3 Tank, executed on June 17, 2014. HDR/MMI
will provide the City of Bozeman Resident Project Representative(s)to assist in carrying out
such responsibilities at the site, in accordance with Section 4.5., and Article 11 of Exhibit B of
the PSA.
Task 1900 - Digester Mixer Seal Repair Assistance
Objective:
Provide assistance to the City of Bozeman in completing an evaluation of the digester mixer seal
leakage and concrete support condition on existing Digesters No. 1 and No. 2. Following the on-
site evaluation of the existing mixer installations, provide recommendations in the form of an
evaluation memorandum for correction of the mixer seals to eliminate the existing gas leakage
and correct mixer concrete support and fasteners anchorage deterioration.
Subtask 1900. 1- Mixer Installation Field Evaluation
Prior to commencing with the field investigation, HDR will complete a pre-evaluation
memorandum which clearly outlines the proposed steps of the field investigation, proposed
schedule,needed equipment and access areas, and other information and data needed to complete
the field evaluation. HDR will conduct a field evaluation of existing Digesters No. 1 and No. 2
mixers, including evaluation of the integrity of the mixer concrete support bases. The scope of
work will not involve evaluation of the existing digester gas handling systems, digester covers
and cover insulation, and digester mixing mechanical conditions. It is assumed the City is
prepared to install the replacement mixer mechanisms the City currently has on-hand during
completion of any recommended corrective actions with the mixer seals. Interior coatings
systems will only be evaluated if the digesters are removed from service during the field
evaluation.
The scope of work assumes entrance into the existing digester facilities will not be required, and
confined space ventilation,hazardous gas testing, access hoisting and other necessary facilities
for legal confined space entry basin access will not be required. It is assumed all field
investigation can be completed from the digester roofs.
A one-day field examination of existing facilities will be provided.
Deliverables:
• Project field investigation pre-visit memorandum.
• Field investigation notes and digital photographs.
• Equipment seals evaluation worksheets.
Exhibit H-Scope of Services 2 of 4 11/12/2014
City Involvement:
• Provide mixing equipment shop drawings for digester mixers, including both currently
installed equipment and new equipment on-hand that is ready for installation.
• Provide one full-time maintenance technician to assist Engineer in one-day evaluation of
existing facilities.
Subtask 1900.2— Mixer Installation Recommended Action
A memorandum summarizing the findings and conclusions of the field evaluation effort will be
completed. The memorandum will incorporate the testing information collected, digital
photographs, and field notes. The memorandum will provide recommendations for repair and/or
replacement digester mixer concrete support bases and sealing systems. The summary
memorandum will also summarize all general observations regarding facility integrity.
Deliverables:
• Summary memorandum(2 hard copies, 1 digital copy).
City Involvement:
• Assemble and provide background information from City's files including system as-
built drawings,previous construction shop drawing documents on coating systems used,
and other pertinent construction reports or field reports from previous construction work.
Subtask 1900.3 — Corrective Action Implementation Assistance
Provide construction technical specifications and associated corrective action sketches for
solicitation of quotations for construction services. It is assumed that the project costs will be
below $50,000, and procurement of contract installation of the recommended mixer support and
seal corrections may be made from solicited quotes. Provide (to the City) an estimated cost
amount for construction that is based upon the completed specifications and associated sketches.
The specifications and sketches will include the following:
• Digester mixer seals, concrete supports and associated protective-coating system
requirements. In standard CSI format.
• Field inspection specifications of final installation including and equipment baseplate
modifications.
• Special procedures for correction of concrete or substrate defects noted during the field
investigation.
Complete necessary procurement package(s) using information included in the field investigation
memorandum and technical specifications, solicit price quotations and prepare for Owner
Purchase Order procurement under a small works contract(s). Provide price solicitation and
procurement assistance to the City for implementation of the recommended corrective actions.
Technical assistance to City during construction of remedial actions outlined above will be
completed under a separate contract amendment. Quotation and price solicitation services will
be provided on a time and material basis with the estimated level of effort as presented in the
Exhibit 1-1 -Scope of Services 3 of 4 11/12/2014
attached budget. Engineer will not exceed this level of effort without prior authorization from
the City.
Deliverables:
• Camera-ready specifications, sketches and digital specification files as described above.
• Cost quote solicitation packages for soliciting quotes from perspective Contractors.
City Involvement:
• Review of recommendations provided.
• Assemble and provide background information from City's files including system as-
built drawings, previous construction shop drawing documents on mixing equipment and
coating systems used, and other pertinent construction reports or field reports from
previous construction work.
• Review of procurement package(s) for implementation of recommended modifications
using technical specifications and sketches provided.
• Execute Purchase Order(s) for procurement of contract services using information
included in the field investigation memorandum and technical specifications, work with
Engineer to solicit price quotations and perform procurement. Administration of
construction will be coordinated with the Engineer following procurement of a
Contractor(s).
• Coordination of Engineer's field site visits with City
Exhibit H-Scope of Services 4 of 4 11/12/2014
Exhibit 1
City of Bozeman Water Reclamation Facility
Phase 1 Expansion Addendum No.4
Engineering Fee Estimate
Task Cost Summary
Expenses By
Task Task Description Direct Labor Task Task Total
1800 Digester No.3 Corrective Action Assistance $ 59,875.20 $ 3,557.40 $ 63,432.60
1900 Digester Mixer Seal Repair Assistance $ 11,730.60 $ 1,247.60 $ 12,978.20
Total Labor and Expenses Cost by Task $ 71,605.80 $ 4,805.00 $ 76,410.80
Expense Summary Expenses
Miscellaneous $ 650.00
Travel Expenses $ 1,100.00
Mapping/Photos/Surveys $ -
Printing and Photocopying $ 450.00
Technology $ 2,605.00
Total Expenses $ 4,805.00
TOTAL ESTIMATED ENGINEERING SERVICES FEE $ 76,410.80
Amend 04.xlsx Page 1 of 1 11/12/2014