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AMENDMENT NO. 9 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT For Russell Street/South 3rd Environmental Impact Statement Project STPU and BR 8105(8); CN 4128 This Amendment has been prepared to supplement the tasks originally outlined by HKM Engineering Inc. (DOWL HKM) in our Scope of Services dated July 14, 2006. This supplement is necessary to complete the Final Environmental Impact Statement (FEIS) and address FHWA Legal Counsel requests to include a side-by-side comparison of all alternatives in Chapter 2; provide detailed graphics of each alternative and their impacts to residential, commercial, and Section 4(f) properties in Chapter 4; and to rewrite the Section 4(f) discussion in Chapter 5 of the FEIS. This modification will extend the contract schedule to March 25, 2011. A new activity task is outlined below. Any variation from the Activity, Tasks, and sub-tasks outlined in this Amendment will be considered out-of-scope and subject to further contract modification. I Understanding of Scope DOWL HKM is currently providing services to the City of Missoula (City) under our original Scope (dated July 14, 2006), the Professional Engineering Services Agreement (dated August 4, 2006), Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4, Amendment No. 5, Amendment No. 6, Amendment No. 7, and Amendment No. 8. This Amendment is intended to augment MDT Activity 198 as outlined below. II Project Tasks The following DOWL HKM Activity is numbered in keeping with those set up in the original Scope of Services for this project. Activity 198 C-5 – Modify FEIS DOWL HKM will conduct the following work that resulted from an unanticipated FHWA Legal Sufficiency request: Facilitate preparation of detailed graphics for all the alternatives in Chapters 2 and 4 and publish additional color pages for the revised document. Conduct additional bi-weekly meetings and prepare and distribute meeting minutes resulting from the extension of the project duration. DOWL HKM subconsultant Gallatin Public Affairs will conduct the following work that resulted from an unanticipated FHWA Legal Sufficiency request: Include detailed graphics for each alternative in Chapter 2. Include a side-by-side comparison of all alternatives in Chapter 2 and provide detailed graphics of each alternative and their impacts to residential, commercial, and Section 4(f) properties in Chapter 4. Develop new graphics and re-format Chapters 2 and 4, as well as the Table ---PAGE BREAK--- AMENDMENT NO. 9 RUSSELL STREET SOUTH 3RD STREET ENVIRONMENTAL IMPACT STATEMENT of Contents. Edit/revise the numerous locations in the main body of the FEIS and appendices that refer to these graphics. Search the entire document and perform a QA/QC of the document to ensure that references are removed or redirected to Appendix B. Re-write Section 4(f) discussion in Chapter 5 of the FEIS. This re-write is out-of-scope from the original as it differs from the original direction provided by the FHWA-Montana Division. The figures will be adaptations of existing graphics, or very general depictions of the alternatives. We anticipate two days of effort to modify the text and insert figures. We also anticipate a short review by the team with only minor time left for modifications based on comments. No more than eight hours of time has been allotted to respond to comments on the Section 4(f) re-write. Any substantive work beyond this will require additional budget. Participate in additional bi-weekly meetings, project team coordination, and any further meetings necessary to review final edits to the FEIS resulting from the extension of the project duration. III Cost Estimate DOWL HKM proposes to complete the additional task to facilitate completion of the FEIS with a contract Amendment amount as outlined in the attached Cost Estimate Exhibit A-1. Additional printing costs are detailed in Exhibit A-2. Gallatin Public Affairs costs are shown in Exhibit B. The overall contract value with DOWL HKM is as follows: Original Contract Amount: $ 368,633.81 Amendment No. 1 00.00 Amendment No. 2 31,008.00 Amendment No. 3 178,166.25 Amendment No. 4 Amendment No. 5 Amendment No. 6 Amendment No. 7 Amendment No. 8 Amendment No. 9 186,156.00 4,610.00 9,698.00 83,478.00 6,020.74 28,209.00 Amended Contract Value: $895,979.80 IV Schedule The City of Missoula, MDT, FHWA, and DOWL HKM have all committed to making this project a priority for completion in the most expeditious manner possible. This Amendment will extend the overall contract completion date to the end of March 2011. ---PAGE BREAK--- AMENDMENT NO. 9 RUSSELL STREET SOUTH 3RD STREET ENVIRONMENTAL IMPACT STATEMENT Engineer: DOWL HKM 104 East Broadway Helena, MT 59601 Date: Karen B. Fagg, Vice President Date: Phillip A. Odegard, Western Region Manager Owner: City of Missoula Missoula City Hall 435 Ryman Street Missoula, MT 59802 Date: John Engen, Mayor Date: Martha L. Rehbein, City Clerk Approved as to form: Date: Jim Nugent, City Attorney ---PAGE BREAK--- AMENDMENT NO. 9 RUSSELL STREET SOUTH 3RD STREET ENVIRONMENTAL IMPACT STATEMENT EXHIBIT A-1 ---PAGE BREAK--- AMENDMENT NO. 9 RUSSELL STREET SOUTH 3RD STREET ENVIRONMENTAL IMPACT STATEMENT EXHIBIT A-2 ---PAGE BREAK--- AMENDMENT NO. 9 RUSSELL STREET SOUTH 3RD STREET ENVIRONMENTAL IMPACT STATEMENT EXHIBIT B