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MORRISON-MAIERLE, INC. Amendment_5.doc Amendment To Engineer Agreement.Fill-in.Oct 2001 Page 1 of 2 Pages Revised 10/01 AMENDMENT NO. 5 TO OWNER-ENGINEER AGREEMENT SUBJECT OF AMENDMENT 1. Background Data: a. Effective date of OWNER-ENGINEER Agreement: March 11, 2002 b. OWNER: City of Missoula c. ENGINEER: Morrison-Maierle, Inc. d. Project: Rattlesnake Neighborhood Sewer Collection System (City #01-005) 2. Nature of Amendment: Additional Services to be performed by ENGINEER Modifications to Services of ENGINEER Modifications to Responsibilities of OWNER Modifications to Payment to ENGINEER Modifications to Time(s) for rendering Services Modifications to other terms and conditions of the Agreement 3. Description of Modifications Attachment 1, Modifications Other attachments as listed below: Attachment 2, Scope of Services and Fee Summary OWNER and ENGINEER hereby agree to modify the above-referenced Agreement as set forth in this agreement. All provisions of the Agreement not modified by this or previous Amendments remain in effect. The Effective Date of this Amendment is June , 2010. OWNER: City of Missoula By: Title: Mayor Date Signed: ENGINEER: Morrison-Maierle, Inc. By: Title: Missoula Office Manager Date Signed: EJCDC No. E-501, 1999 Edition ---PAGE BREAK--- MORRISON-MAIERLE, INC. Amendment_5.doc Amendment To Engineer Agreement.Fill-in.Oct 2001 Page 2 of 2 Pages Revised 10/01 ATTACHMENT 1 This is Attachment 1, consisting of 1 Pages, to Amendment No.5, Dated June 2010. Modifications A1. ENGINEER shall perform the following Additional Services: Detailed in Attachment 2. A2. The Scope of Services currently authorized to be performed by ENGINEER in accordance with the Agreement and previous amendments, if any, is modified as follows: The modified Additional Services as detailed in Attachment 2 shall be included in the project. This amendment modifies the Scope of Additional Services as defined in Amendment 1, 2, 3, and 4. A3. The responsibilities of OWNER are modified as follows: A4. For the Additional Services or the modifications to services set forth above, OWNER shall pay ENGINEER the following additional or modified compensation: The proposed compensation amounts on this Amendment and for the overall project are summarized in Table 2-2 of Attachment 2. Additional Services- Total fee of $97,041 Total Project Ceiling (includes Basic and Additional Services) equal to $1,110,622. A5. The schedule for rendering services is modified as follows: A6. Other portions of the Agreement (including previous amendments, if any) are modified as follows: EJCDC No. E-501, 1999 Edition ---PAGE BREAK--- M:\1657\013.02\Documents\Contracts\Amendment No 5\amendment5_att2.doc RATTLESNAKE NEIGHBORHOOD SEWER COLLECTION SYSTEM PROJECT (CITY #01-005) AMENDMENT 5 ATTACHMENT 2: SCOPE OF SERVICES The following services will be performed as an amendment to the existing contract between the City of Missoula and Morrison Maierle, Inc. dated March 11, 2002 for the Rattlesnake sewer project. This entire contract amendment includes work that falls under Additional Services as defined in the existing contract. The construction administration budget for this project was estimated prior to the bidding process, and largely based on experience gained in previous projects SID 533 (Gilbert Avenue), SID 534 (Lincolnwood), SID 536 (Lincolnwood Phase and The Lolo Street Sewer Project. Administration and observation effort was estimated based on task completion rates apparent from those projects. During construction operations for SID 544 to date, many tasks necessary to the successful completion of the project are being completed that significantly exceed the original estimates. Those tasks are itemized below, and are considered Additional services in accordance with the existing contract. 1. ZZ-Line Modifications (Collins Lane, Peace Street, Evankelly). Immediately preceding distribution of bidding documents, it was apparent that not all Public Sanitary Sewer Easements required for the planned sewer alignment would be executed in time to be included in the bid documents and MDEQ review submittal. The ZZ-Line alignment was modified to depict an alternate alignment with the sanitary sewer main being positioned in public rights-of-way. Following award of the contract and receipt of executed easement agreements, the Construction Drawings were revised to reflect the originally planned alignment. Negotiations ensued with the Contractor to reach agreement on the contract price of the modification to the Bid Documents. During this process, several landowners along the ZZ-Line route requested modifications to the sewer main alignment and sewer service stubs in locations differing from those shown on the Drawings. Three previously executed easements were updated during this ---PAGE BREAK--- M:\1657\013.02\Documents\Contracts\Amendment No 5\amendment5_att2.doc process, and the overall result was the complete re-design of that area of the ZZ- Line. Effort estimated for a single re-design of the area was included within Contract Amendment No. 4. Only effort estimated for subsequent reconfiguration of the ZZ-Line is included in this Amendment No. 5. 2. HH-Line (West Mountain View Drive) Modifications. Following input by the City of Missoula Parks and Recreation Department, a request was made to explore alternate alignments for the HH-Line, originally depicted in West Mountain View Drive. A general alternative was identified through private property. Two landowners were approached regarding their consideration of providing the City with a Public Sewer Easement. With positive feedback from the owners, a topographic survey was conducted of the area, preliminary design prepared for review, and estimated contract cost estimates were completed. 3. OO-Line and JJ-Line (Skyline Drive and Highland Drive). Significant effort was expended in communication with landowners and representative contractors with regard to identifying sewer main depths in these areas that would accommodate gravity sewer service to homes located downhill of the street. The process involved several iterations of design modifications to the main line alignments as well as subsequent Work Change Directives to the construction contract to incorporate the changes on the revised Drawings into the Work. 4. SS-Line (Sycamore Avenue). Following input by the City of Missoula Parks and Recreation Department, landowners in the area were contacted for input regarding the removal of four large ponderosa pine trees located within public right-of-way. With multiple resident input and evaluation of the area for gravity sewer service, an alternate sewer main alignment and potential contract costs were prepared for review by the City Public Works Department. 5. Preparation of Private Sanitary Sewer Easements. With many existing septic systems located in back/side yards and generally inaccessible areas, many residents have opted to obtain private sewer easements from one another in order to provide legal access to their service stubs. Effort included in the original ---PAGE BREAK--- M:\1657\013.02\Documents\Contracts\Amendment No 5\amendment5_att2.doc estimate for these tasks was based on previous Rattlesnake project experience. During those projects, MMI assisted 23 landowners with private easements for three projects that installed a total of 150 service stubs. Assistance during the first four projects involved the general easement form preparation and presentation to the landowners, and the effort was performed by the Resident Project Representative during the course of normal daily duties. Subsequent to the completion of those prior projects, an improved method of review was developed that required significantly more involvement by City Public Works and MMI personnel in order to ensure the completeness and accuracy of those easements. To date, approximately 80 easements have been prepared for landowners, with a projected stub-count of 312 for this project. Due to the large volume of easement requests and the higher level of involvement, additional personnel were required to respond effectively to residents’ requests. 6. Rattlesnake Resident Communication. Overall individual communication with residents for SID 544 has far exceeded levels experienced in previous projects. SID 533, SID 534, SID 536, and the Lolo Street Sewer Project did experience surges in resident communication, but questions, requests, and comments were addressed almost completely by the Resident Project Representative during normal daily activities. In SID 544 to date, call logs indicate that approximately 900 phone conversations have transpired between MMI personnel and Rattlesnake residents since the inception of the project. These calls have frequently reached volumes that require full-time administration in order to maintain second-day customer service. In addition to phone conversations, approximately 800 emails and 150 letters have been addressed by MMI staff, and many meetings have been conducted on site to address residents’ concerns. Table 2-2 summarizes the total fees (Additional Services) for this Amendment No. 5 as well as for the overall project. The total proposed fee included in Amendment No. 5 is $97,014. Incorporating the proposed fees in this Amendment, the total project ceiling is $1,110,622. Consistent with the original contract, all fees are compensated on an hourly rate basis. Any savings resulting from a reduced construction schedule or more efficient work by the project team will be realized by the City of Missoula. ---PAGE BREAK--- 3-Jun-10 MM# 1657.013 Table 2-1 of Attachment 2 Cost Summary for Contract Amendment #5 Rattlesnake Neighborhood Sewer Collection System (City #01-005) DESCRIPTION PROJ. PRINCIPAL PROJ. MGR. SENIOR ENG. SURVEY CREW DESIGN ENG. CAD SEC. TASK SUB- TOTAL ZZ-Line Modifications 4 60 4 10 35 5 $10,776 HH-Line Modifications 4 30 5 3 10 $5,286 OO-Line and JJ-Line Modifications 4 65 3 10 40 $11,211 SS-Line Modifications 15 3 3 5 $2,545 Private Sewer Easements 100 150 50 $25,100 Resident Communication 5 200 120 30 40 $35,200 Total Hours 17 470 0 15 296 120 95 Hourly Rate $144 $103 $123 $140 $80 $68 $56 Construction Phase Labor Cost $2,448 $48,410 $0 $2,100 $23,680 $8,160 $5,320 BIDDING AND CONSTRUCTION TOTAL $90,118.00 UNITS QUANTITY UNIT COST COST miles 399 $0.68 $271.00 GPS Equipment Charge days 2 $400.00 $800.00 Total Station days 2 $240.00 $480.00 Miscellaneous Survey Supplies lump sum 1 $30.00 $30.00 hours 1,013 $5.00 $5,065.00 lump sum 1 $200.00 $200.00 lump sum 1 $50.00 $50.00 EXPENSES $6,896.00 DESCRIPTION ADDITIONAL SERVICES: CREATION, BIDDING, CONSTRUCTION AND POST-CONSTRUCTION OF SID 544 EXPENSES DESCRIPTION SUMMARY Automobile Transportation General Printing Postage/Overnight Delivery Computer/Telephone/Fax M:\1657\013.02\Documents\Contracts\Amendment No 5\amendment5_att2_project numbers-additional effort.xlsx Labor $90,118.00 Expenses $6,896.00 TOTAL ENGINEERING COSTS $97,014.00 M:\1657\013.02\Documents\Contracts\Amendment No 5\amendment5_att2_project numbers-additional effort.xlsx ---PAGE BREAK--- Table 2-2 of Attachment 2 Cost Summary for Contract Amendment No. 5 Rattlesnake Neighborhood Sewer Collection System (City #01-005) DESCRIPTION DATE BASIC SERVICES AMOUNT ADDITIONAL SERVICES AMOUNT TOTAL CONTRACT/AMENDMENT AMOUNT AMENDMENT DESCRIPTION Original Contract (approved) 3/6/2002 $301,359 $0 $301,359 SID 528 Amendment 1 (approved) 10/2/2002 $25,798 $0 $25,798 Expand limits of project Amendment 2 (approved) 3/19/2003 $12,674 $0 $12,674 SID creation assistance and Construction Admin in Subdist 1, 3, 4 Amendment 3 (approved)** 4/14/2004 $20,387 $352,239 $372,626 Additional Design, Traynor Drive Lift Station, Construction Admin for SID 528 Amendment 4 (approved)** 9/17/2009 $0 $301,151 $301,151 Construction Admin for SID 544 Amendment 5 (proposed) $0 $97,014 $97,014 Design Modifications, Private Easements, Resident Communication Total Amount $360,218 $750,404 $1,110,622 TOTAL CONTRACT SUMMARY Note: Amendment No. 4 revised the scope of Amendment No. 3 to reflect Construction Admin costs originally budgeted for SID 528 that were actually expended on SID 533, SID 534, and SID 536. M:\1657\013.02\Documents\Contracts\Amendment No 5\amendment5_att2_project numbers-additional effort.xlsx M:\1657\013.02\Documents\Contracts\Amendment No 5\amendment5_att2_project numbers-additional effort.xlsx