HomeMy WebLinkAbout02- Thomas, Dean, & Hoskins; Sourdough Transmission Main - Professional Services Agreement (Amendment 1)
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AMENDMENT NO, 1 TO PROFESSIONAL SERVICES AGREEMENT
Sourdough Transmission Main
THIS AGREEMENT is made as of this 7th day of January 2002
Between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana,
herein referred to as OWNER and THOMAS, DEAN & HOSKINS, INC., an
Engineering Consulting Finn of Bozeman, Montana, herein referred to as ENGINEER,
WHEREAS, the parties have entered into a Professional Services Agreement
dated January 29,2001, herein referred to as Original Agreement, and
WHEREAS, the parties desire to amend the provisions of the Agreement, and
WHEREAS, the complexity of the intake diversion structure and flow meter
significantly increased since the original agreement,
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NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL
COVENANTS CONTAINED HEREIN, the parties agree as follows:
1. Article 1, Section 1.1 shall be amended to read:
1.1 The detailed description of the specific project components is described
as follows:
The project work consists of surveying, designing, bidding, staking, inspecting
and providing as-built drawings for the replacement of approximately 2700 linear
feet of 18" diameter water piping above the Sourdough Creek Water Treatment
Plant with 30" diameter ductile iron pipe. It also includes all of the above tasks
required for the replacement of the existing raw water intake structure and flow
control valve, taking the existing sedimentation basin offline and replacing the
existing Parshall flume with a new flow measuring device. The design at the
. jntake will acconunodate high and low flows in the creek,minimize the effects of
debris and sedimentation, and provide a long-term solution to the clogging
problems recently encountered, within reason, given the remote site and lack of
power.
2. Add the following section 4.8 to Article 4:
4.8 PERMITTING
Engineer shall obtain the necessary Montana Pollutant Discharge Elimination
System (MPDES) Construction stormwater pennit, the US Army Corps of
Engineers 404 pennit, the DEQ 3A Authorization and the Montana
Department of Fish, Wildlife and Parks Stream Protection Act pennit for the
project. This item is an "additional service" as defined in the agreement.
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3, Article 6, Section 6.1.1 is amended to read:
6.1.1 Lump Sum Payment. The OWNER shall for design phase services
performed as Basic Engineering Services under sections 4.1 through 4.4 of this
agreement pay a lump sum. in the amount of $30.800 for such services,
4. Article 6, Section 6.1.2 is amended to read:
6.1.2 Payment Schedule. Total cumulative payments for the design phase
engineering services (sections 4.1 through 4.4) shall not exceed the following
ceilings:
$3.080 (10% of design fee) until the Pre-design Report has been submitted to the
OWNER.
$15.400 (50% of design fee) until the Preliminary Plans and Specifications have
been submitted to the OWNER and review authorities,
$27.720 (90% of design fee) until the Final Plans and Specifications have been
submitted to the OWNER and review authorities.
5, Article 6, Section 6.2 is amended to read:
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 4.5 through 4.8 including General Administration of
Construction Contract, Resident Project Representation, Project Documentation,
Construction Testing, and Permitting shall be compensated in accordance with the
following:
6.2.1 The OWNER shall pay for Construction Phase and project
Documentation and Permitting Services an amount not to exceed $42,800
except as provided under 6.2.1.2 and 6.2.4. $5,500 of this fee is for the
permitting. The engineering cost estimated in this contract for
Construction Phase services are based on a seventy five (75) calendar day
construction contract.
6.2.1.1 Costs Compensation Compensation for these services shall be
based on the ENGINEER's Direct Labor Cost times a factor of 2,922 for
services rendered which shall cover Direct Labor, Direct Labor Overhead,
General & Administrative Overhead and Profit.
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6.2.1.2 Notification. At any time during the construction that it becomes
apparent that the Construction Phase, Project Documentation and
Pe11I1itting 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 tenns 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
~ 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. 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 $ 4.000 which includes $ 300 for consultants
employed by the Engineer and $ 3.700 for all other reimbursable expenses.
The estimated reimbursable expenses are identified in Exhibit" D "
6.2.3. 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 deducts from the contractor(s) payments.
6.2.4 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 2.922, or an amount otherwise
negotiated at the time such services are requested and approved by the OWNER.
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IN WITNESS WHEREOF, the parties hereto do make and execute this Agreement on the
day and year first above written.
CITY OF BOZEMAN
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CJlTj ~ ;: ~~- 1 ; ~
ClarkV. Johnson
City Manager
Robin L. Sullivan
Clerk of Commission
APPROVED AS TO FORM
BY:~
(City Attorney)
ENGINEER
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