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“Providing resources in partnership with clients to achieve their goals” July 12, 2010 Mr. Starr Sullivan Wastewater Superintendent City of Missoula 435 Ryman Street Missoula, Montana 59802-4297 RE: Headworks & Odor Control Improvements Contract Amendment for Bidding and Construction Phase Services Dear Starr: Attached you will find three copies of the Contract Amendment for the noted project. This scope takes the project from bidding through the completion construction. Generally, it includes the following tasks: • bidder’s questions, pre-bid meeting, addenda, etc. • contract award recommendation • contract document preparation • pre-construction conference and bi-weekly project meetings • submittal review • RFIs, Change Orders, and Work Directive Changes • Processing pay applications • full-time resident construction observation for the 17 month project duration • Start-up assistance • Record drawings and equipment O&M manuals • Project closeout • Warranty work assistance • One-year performance inspection We propose to engage three sub-consultants on this project to continue with construction phase assistance: Tetra Tech (geotechnical support); Rocking-M Design (architectural review), and AECOM (Dejan Banjanin-SCADA programming and startup). Our estimated total engineering fee is $799,800. This fee represents 8.8 percent of the total estimated project cost. As discussed, we have also included a $75,000 “additional services” budget (approximately 10 percent of the estimated total) to be authorized only by the City should items or issues come up during the construction phase that were not originally scoped. Together we have worked on a number of successful and award-winning projects at the WWTP over the last few years. This project includes several innovative design features and numerous state-of-the-art pieces of equipment that will make the new Headworks facility one of the finest in the region. In addition, it will eliminate two of the largest ENGINEERS SCIENTISTS SURVEYORS PLANNERS #1 Engineering Place • P.O. BOX 6147 • HELENA, MT 59604 • [PHONE REDACTED] • FAX: [PHONE REDACTED] ---PAGE BREAK--- Mr. Starr Sullivan Headworks Improvements/replacement July 12, 2010 Page 2 sources of odor identified in the recently completed Odor Characterization Study, the existing aerated grit basins and the TWAS tank, helping the City to comply with the County compliance order. Morrison-Maierle looks forward to a successful and competitive bid to maximize the project affordability for the City and to working with the City to complete this project. Sincerely, MORRISON-MAIERLE, INC. Scott B. Murphy, P.E., BCEE Vice President cc: Steve King, City of Missoula Kevin Slovarp, City of Missoula Nancy Cormier, MMI Travis Meyer, MMI Enclosures: Contract Amendment No. 11 R:\1657\005.01 WWTP Headworks\Contract\LSullivan.headworksconstruction.docx ---PAGE BREAK--- MORRISON-MAIERLE, INC. Amendment 11.docx Amendment.Fill-in.doc Page 1 of 2 Pages Revised 1/01 AMENDMENT NO. 11 TO OWNER-ENGINEER AGREEMENT SUBJECT OF AMENDMENT 1. Background Data: a. Effective date of OWNER-ENGINEER Agreement: December 13, 1999 b. OWNER: City of Missoula c. ENGINEER: Morrison-Maierle, Inc. d. Project: Wastewater Treatment Plant Upgrade Services 2. Nature of Amendment: [Check those that are applicable.] 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 Service - Headworks Improvements Bidding and Construction Phases (5 pages) Attachment 3 - Engineering Fee Estimate (1 page) 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 2008 . OWNER: City of Missoula By: Title: Mayor Date Signed: ENGINEER: Morrison-Maierle, Inc. By: Title: Vice President Date Signed: EJCDC No. E-501, 1999 Edition ---PAGE BREAK--- MORRISON-MAIERLE, INC. Amendment 11.docx Amendment.Fill-in.doc Page 2 of 2 Pages Revised 1/01 ATTACHMENT 1 This is Attachment 1, consisting of 1 Pages, to Amendment No.11, Dated 2008. Modifications [Check the following paragraphs that are appropriate. Refer to paragraph numbers used in the Agreement or a previous amendment for clarity with respect to the modifications to be made. Use paragraph numbers in this document for ease of reference herein and future correspondence or amendments.] A1. ENGINEER shall perform the following Additional Services: The Engineer will perform additional services for bidding and construction phases related to the Headworks and Odor Control Improvements as outlined in Attachment 2 and 3. 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: 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: Fee Estimate for this Amendment is described in Attachment 3. Basic Services - Additional fee not to exceed $799,800 Additional Services Upon Authorization - Additional fee not to exceed $75,000 - Total Contract Fee not to exceed $5,560,586 A5. The schedule for rendering services is modified as follows: Schedule shall be as described in Attachment 2. A6. Other portions of the Agreement (including previous amendments, if any) are modified as follows: EJCDC No. E-501, 1999 Edition ---PAGE BREAK--- CITY OF MISSOULA WASTEWATER TREATMENT PLANT HEADWORKS & ODOR CONTROL IMPROVEMENTS (1657.005.02) AMENDMENT NO. 11 ATTACHMENT 2 - SCOPE OF SERVICES TASKS 100 Project Guidance and Management 200 Headworks Bidding Phase Services 300 Headworks Construction Phase Services 400 Post-Construction Phase Services 500 Funding Coordination Services During Construction 600 Additional Services Upon Authorization of City Background. The City of Missoula is upgrading its aging and undersized headworks facility at the wastewater treatment plant. The 2008 draft Wastewater Treatment Plant Facilities Plan established this project as one of the highest, near-term priorities. At the request of Public Works Staff, the Missoula City Council approved a budget that included pre-design and design work to commence in FY 09 with construction activities to start in FY 10. The 90 percent design was completed in November 2009 at which time the City opted to delay bidding and construction due to budget concerns. In April, 2010, the City made the decision to proceed with bidding the project due to favorable bidding conditions. Scope. The scope includes bidding and construction phase services including the production and distribution of both paper and electronic construction drawings and bidding documents for the new headworks facility. TASK 100 – PROJECT GUIDANCE AND MANAGEMENT 101 Project Management and Reporting. This task includes the work related to preparing a project plan, scope, schedule and cost control services, administration of the contract including invoicing; and initiating and attending project working meetings. Project activities will be monitored for potential changes, with an emphasis on anticipating changes whenever possible, and with the City’s approval, project tasks and approach will be modified to keep the overall project within budget and on schedule. The MMI project manager will submit invoices which will include a brief progress summary in bullet list format. TASK 200 – BIDDING PHASE SERVICES 201 Bid Phase Services. Under the previous Amendment No.10 – Bid Phase Services, work was performed to create an electronic copy of the final ---PAGE BREAK--- Attachment 2 Page 2 7/15/10 R:\1657\005.01 WWTP Headworks\Contract\Headworks Bidding and Construction Phase Services Scope.docx construction documents and distribute them to area plans exchanges, contractors and manufacturers. This is being facilitated with an electronic bidding service, Quest CDN with a link on the MMI website. The remaining bid phase services will be completed under this Amendment. MMI will print 30 paper copies of the final construction documents and distribute them to City, Montana DEQ, and MMI staff with remaining copies available for purchase from interested bidders and/or subcontractors. MMI will also prepare a project bid advertisement for the City (City to arrange for advertisement), prepare for and conduct a pre-bid meeting at the wastewater treatment plant, respond to questions from contractors and manufacturers during the bid period, issue addenda as necessary, attend the bid opening, review the bids and complete a recommendation for award of the construction project. 202 Building Permit. MMI with assistance from its subconsultant submitted building permit applications to the City’s Building Department under Amendment No.10 – Design Phase Services. Under this Amendment, MMI will provide written response to comments including preparing and submitting a Special Inspections Plan as required by the City’s Building Department. 203 Contract Documents Preparation. MMI will assist the City of Missoula with Notice of Award and Notice to Proceed paperwork. This task also includes the preparation of contract documents and coordination with the Contractor. TASK 300 – CONSTRUCTION PHASE SERVICES 301 Construction Management. The construction phase services include general administration of the construction contract, coordination of a preconstruction conference, and bi-weekly project meetings, responses to RFIs, preparation of change order and work change directives, review of shop drawings and other submittals, review of applications for payment, and preparation of project close- out documents including punchlist and final completion forms. Construction is anticipated to be approximately 16 months in duration. Twenty- four (24) on-site project construction meetings are anticipated. In addition, MMI will attend Substantial and Final Completion inspections (limit to three meetings on site). Minutes for all meetings will be prepared. 302 Construction Inspection. For the purpose of this scope of service, it is assumed that the duration of the construction project will be 490 calendar days. Full-time inspection will be provided to certify that the work was completed according to the plans and specifications. It is assumed that 40 hours per week time for a resident project representative (RPR) will be required. In addition, specialized engineering inspections have been budgeted for this task. It should be noted that if the duration of the project differs from the estimate above, authorization will be required for the additional construction inspection services. 303 Start-Up Assistance. MMI will assist the City of Missoula with start-up and troubleshooting of new facilities and systems. Training on specific pieces of ---PAGE BREAK--- Attachment 2 Page 3 7/15/10 R:\1657\005.01 WWTP Headworks\Contract\Headworks Bidding and Construction Phase Services Scope.docx equipment will be the responsibility of the equipment manufacturer as outlined in the contract documents and specifications. Approximately 100 hours have been budgeted for this task. TASK 400 – POST-CONSTRUCTION SERVICES 401 Prepare Record Drawings. MMI will create record drawings and deliver six sets to the City of Missoula. Certification that the Headworks and Odor Control Improvements were constructed according to the plans and specifications will be sent to MDEQ. 402 Equipment O&M Manuals. Equipment Operation and Maintenance Manual materials will be assembled for the Headworks Facility and related mechanical components, TWAS Odor Control System, and Boiler Controls as part of this task. The O&M manual will be submitted to MDEQ as required. 403 Warranty and Defective Work Assistance. This task includes assisting the City of Missoula with warranty issues, nuisance alarms, and fine tuning the treatment process after construction has been completed. Approximately 80 hours have been budgeted for this task. 404 One-Year Performance Evaluation. Approximately one year following construction, MMI will conduct a one-year performance evaluation and certification that the Headworks and Odor Control Improvements are meeting performance goals. MMI will prepare meeting minutes from the walk-through and submit them to the City of Missoula. TASK 500 – FUNDING COORDINATION SERVICES DURING CONSTRUCTION 501 Prevailing Wage Compliance. This task includes the work for prevailing wage compliance associated with the ARRA funding. This effort is anticipated to include activities such as review of weekly certified payrolls, inspecting Contractor’s on-site premise to ensure proper display of required notices and postings, conducting periodic on-site interviews to ensure employees are being paid properly, and maintaining prevailing wage files and documents. MMI will assist the City of Missoula in submitting the required information at the end of the project to the oversite agency. TASK 600 – ADDITIONAL SERVICES UPON AUTHORIZATION OF CITY 601 Additional Services. It is possible that during execution of this project the City of Missoula may determine that additional services are required for coordination with environmental and regulatory agencies, addressing uncertain conditions related to the groundwater dewatering, or other construction related activities. Morrison-Maierle, Inc. is available to provide additional services, if determined by the City as necessary throughout the construction of the Headworks and Odor Control Improvements project. The services would be completed on a time and materials basis, as negotiated at the time the work is identified for project completion. ---PAGE BREAK--- Attachment 2 Page 4 7/15/10 R:\1657\005.01 WWTP Headworks\Contract\Headworks Bidding and Construction Phase Services Scope.docx Estimated Budget. $799,800. See detailed breakdown in Attachment 3. Schedule: The proposed project schedule is as shown below. The schedule is based on a bid advertisement duration from June 27, 2010 to August 3, 2010 and a construction duration of 490 days after the Notice to Proceed to the Contractor. Task Description Schedule 100 Project Guidance and Management Project Duration 200 Bidding Phase Advertise for Bid – June 27, 2010 Open Bids – August 3, 2010 Notice of Award – approximately 2 – 3 weeks after bid opening Notice to Proceed – approximately 4 – 5 weeks after Notice of Award. 300 Construction Phase Construction contract time is 490 days to final completion. 400 Post-Construction Phase From Final Completion through One Year Warranty Inspection. 500 Funding Coordination Services Same duration as construction 600 Additional Services Upon Request unscheduled ---PAGE BREAK--- 7/15/2010 CITY OF MISSOULA WWTP HEADWORKS AND ODOR CONTROL IMPROVEMENTS (1657.005.04) BIDDING AND CONSTRUCTION PHASE SERVICES ATTACHMENT 3 - ENGINEERING FEE ESTIMATE TASK DESCRIPTION S'VISING ENGINEER III S'VISING ENGINEER II S'VISING ENGINEER I SENIOR ENGINEER I DESIGN ENGINEER ENG. INTERN/TECH RPR CLERICAL PRINTER TOTAL HOURS TOTAL COST 100 Project Guidance and Management 101 Project Management and Reporting Project Management Activities 16 130 146 Invoicing 60 20 16 10 106 Subtotal 16 190 20 0 0 0 0 16 10 252 $34,046 200 Bidding Phase Services 201 Bid Phase Serivces Print & Distribute Contract Documents 8 4 8 8 8 16 52 Create Electronic Document & Post Online 2 24 26 Pre-Bid Conference 16 8 2 2 28 Bid Questions and Addenda 32 8 24 60 8 16 4 152 Bid Tabs & Recommendation of Award 4 16 2 22 202 Building Permits 4 4 8 203 Contract Document Preparation 8 8 16 Subtotal 0 74 12 24 96 24 0 52 22 304 $30,194 300 Construction Phase Services 301 Construction Management Pre-Construction Conference 8 8 8 8 2 34 Bi-Weekly Project Meetings 8 48 192 24 272 Submittal Review 100 60 40 160 80 60 40 540 RFIs, Change Orders, Work Change Directives 40 60 20 20 80 20 240 Pay Applications 40 68 80 20 208 Project Closeout, Punchlist, Final Inspection 32 40 8 24 40 8 152 302 Construction Inspection 2800 2800 303 Start-Up Assistance 40 20 32 8 100 Subtotal 8 308 428 88 [PHONE REDACTED] 142 40 4346 $490,032 400 Post-Construction Phase Services 401 Prepare Record Drawings 4 120 40 4 168 402 Equipment O&M Manuals 16 8 80 40 8 8 4 164 403 Warranty & Defective Work Assistance 20 40 16 40 116 404 One Year Performance Evaluation 8 8 2 4 22 Subtotal 0 44 44 24 128 160 50 12 8 470 $46,550 500 Funding Coordination Services 501 Certified Payroll Verification 170 170 Subtotal 0 0 0 0 0 170 0 0 0 170 $13,600 TOTAL HOURS REQUIRED 24 616 504 136 [PHONE REDACTED] 222 80 5542 HOURLY LABOR RATE $160 $144 $130 $114 $94 $80 $115 $56 $63 TOTAL COST OF LABOR $3,840 $88,704 $65,520 $15,504 $43,992 $50,720 $328,670 $12,432 $5,040 $614,422 EXPENSES (SEE DETAIL BELOW) $185,358 ESTIMATED TOTAL ENGINEERING FEE (ROUNDED) $799,800 600 Additional Services Upon Authorization of City 501 Additional Services if needed $75,000 EXPENSE DETAIL UNITS QTY UNIT COST TOTAL COST Subcontracted Services Geotechnical Services LS 1 10,000.00 10,000 Instrumentation & Control Services LS 1 90,000.00 90,000 Architectural Services LS 1 20,000.00 20,000 Meals days 17 30.00 510 Automobile Travel days 350 56.50 19,775 Survey Services days 10 1,500.00 15,000 General Printing sheets 14400 0.10 1,440 Plan Printing sheets 650 0.65 423 Postage/Premium Delivery Services each 10 50.00 500 Tech Charge hours 5542 5.00 27,710 TOTAL EXPENSES $185,358 R:\1657\005.01 WWTP Headworks\Contract\Headworks Bidding and Construction Phase Fee Estimate.xlsx Page 1