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HomeMy WebLinkAboutC2. Amend 5 PSA HDR Engineering Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brian Heaston, Project Engineer Craig Woolard, Director of Public Works SUBJECT: Authorize the City Manager to sign Amendment No. 5 to the Professional Services Agreement for Bozeman Wastewater Treatment Plant Phase I Improvements with HDR Engineering, Inc. MEETING DATE: April 20, 2015 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the City Manager to sign Amendment No. 5 to the Professional Services Agreement for Bozeman Wastewater Treatment Plant Phase I Improvements with HDR Engineering, Inc. BACKGROUND: HDR Engineering is under contract to complete professional engineering services for the Bozeman Wastewater Treatment Plant. The effective contract provides $5,000 for TMDL (Total Maximum Daily Load) technical services as approved with Amendment No. 4 to the HDR Professional Services Agreement (PSA). Technical services are necessary to support a watershed study and develop a water quality model to understand nutrient (nitrogen and phosphorous) fate and transport on the East Gallatin River. The project is funded in the FY’15 Wastewater CIP as project WW27 at $60,000 with subsequent funding provided at similar levels for FY’16 – FY’20. The watershed study and stream model requires water quality data be obtained for the East Gallatin River. Water quality sampling took place last August, September and October at various sites along the East Gallatin River. A sampling and analysis plan (SAP) for the field work was approved by the Montana DEQ with the understanding that the data acquired will be utilized to construct a nutrient model of the East Gallatin River watershed. The field work occurring in 2014 was the first of three years of field data required by the (SAP). Water quality sampling for 2014 was completed by the Gallatin Local Water Quality District staff in accordance with a Memorandum of Agreement (MOA) with the City. The MOA sets forth particular sampling sites and sampling activities to acquire necessary data to develop the nutrient model. It is anticipated that the GLWQD will complete sampling for the upcoming 2015 and subsequent 2016 field seasons. An MOA will be presented to the City Commission for approval in the coming months to handle the 2015 season. 6 Amendment No. 5 to the HDR PSA attached provides $6,000 for HDR Engineering to develop a preliminary nutrient model utilizing the water quality data acquired in 2014. In doing so, data gaps can be identified and supplemental sites can be planned for sampling activities during the 2015 field season. Supplemental data may be necessary to refine the model. Any additional sampling work requires approval by DEQ in the form of a SAP amendment which the GLWQD will handle. The preliminary nutrient model funded by this PSA Amendment No. 5 will inform the overall scope of the 2015 field season which will be laid out in the forthcoming MOA with the GLWQD. ALTERNATIVES: As suggested by the Commission. FISCAL EFFECTS: The current FY’15 budget contains $60,000 in the Wastewater Fund CIP for the watershed study and stream modeling project. Approximately $52,500 of the FY’15 budget has been allocated or spent, leaving a remainder of $7,500. Amendment No. 5 to the HDR PSA will draw $6,000 from the remaining budget and leave an anticipated project fund balance of approximately $1,500 by the end of FY’15. ATTACHMENTS: Amendment No. 5 to the PSA with HDR Report compiled on: April 10, 2015 7 1 AMENDMENT NO. 5 TO PROFESSIONAL SERVICES AGREEMENT FOR BOZEMAN WASTEWATER TREATMENT PLANT PHASE I IMPROVEMENTS THIS IS AN AGREEMENT made as of , 2015 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 1; amended July 16, 2012, herein referred to as Amendment 2; amended on February 25, 2013, herein referred to as Amendment 3; and amended on December 8, 2014, herein referred to as Amendment 4 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; Amendment No. 4 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 and WHEREAS, the parties desire to amend provisions of the Original Agreement, Amendment No. 1, Amendment No. 2, Amendment No. 3, and Amendment 4 to add additional follow on services for the TMDL Technical Services. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, the parties agree as follows: ARTICLE 1 – ENGINEERING SERVICES Section 1.1 is amended to include the following: Specific tasks for this Amendment include analysis of the data gathered on the East Gallatin 8 2 River in the summer of 2014 and inputting initial values into the water quality model. A tech memo outlining the data will be prepared. Recommendation for sampling for the summer 2015 will be provided. Article 6 - Compensation For Engineering Service Article 6.2.5 is added as follows: “6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER. 6.2.5 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 $6,000.” Except as specifically amended herein, the Original Agreement and Amendment Nos. 1-4 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:________________________ BY:_________________________ (City Manager) Amanda B. McInnis – Vice President DATE:_____________________ DATE:________________________ ATTEST: BY:______________________ (City Clerk) 9