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November 4, 2010 Date Document Cost Comments Not- to -Exceed 4-Aug-06 Original Agreement 368,633.81 $ 21-Jul-07 Amendment No. 1 - $ Accounting clarification. 21-Jul-07 Amendment No. 2 31,008.00 $ Reformat data originally received from Skillings-Connolly. Reconfigure Roundabouts to see if 4(f) conflicts could be avoided. 3-Jun-08 Amendment No. 3 178,166.25 $ MDT required an additional review iteration for almost every schedule activity. Extended schedule and consultant's administrative cost. 5-Mar-09 Amendment No. 4 186,156.00 $ City Council requested Peer Review. 25-Aug-09 Amendment No. 5 4,610.00 $ Additional trip for Kittleson to present results of the City Council requested Peer Review. One additional trip was required beyond what had been scoped in Amendment No. 4. 3-Feb-10 Amendment No. 6 9,698.00 $ FHWA required aditional, updated CO (Carbon Monoxide ) Analysis to correspond with Traffic Analysis update conducted in the City Council requested Peer Review. 16-Apr-10 Amendment No. 7 83,478.00 $ FHWA required additional traffic analysis for 3rd Street to be consistent with the Traffic Analysis update conducted in the City Council requested Peer Review. 30-Sep-10 Amendment No. 8 6,020.00 $ FHWA required additional submittals and Legal Sufficiency reviews. 3-Nov-10 Amendment No. 9 28,209.00 $ FHWA required reformatting Chapter 2 & 5 that was contrary to FHWA's original direction for this work. Also, increased printing cost. Total 895,979.06 $ HKM Engineering, Inc. - Contract Summary Russell Street / S. 3rd Street - Environmental Impact Statement ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- AMENDMENT NO. 3 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. (HKM) in our Scope of Services dated July 14, 2006. This supplement is necessary for the project to comply with the Montana Department of Transportation (MDT) Consultant Design procedures which have been formalized since the original scope for this project was prepared. This issue was first raised in a memorandum from HKM to the City of Missoula (City) dated June 7, 2007 and can be referenced for more detail on the history of this Amendment. HKM has also added tasks based on discussions with City, MDT, and FHWA staff. These additional tasks are intended to finalize deliverables left incomplete under the previous consultant contract. HKM was not previously aware of the status of these deliverables. New activities, tasks, and sub-tasks are outlined in the sections below. Any variation from the Activities, Tasks, and sub-tasks outlined in this Amendment will be considered out-of-scope and subject to further contract modification. I Understanding of Scope 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, and Amendment No. 2. This Amendment is intended to cover MDT Activities 116, 192,198, and 199 as outlined below. II Project Tasks The following HKM Activities are numbered in keeping with those set up in the original Scope of Services for this project. Those tasks unaffected by this Amendment are noted as such. Tasks within the Activities are numbered according to the current MDT Consultant Design procedures as of the date of this Amendment. Activity 1.0 – Project Scoping HKM will complete the following Scoping tasks under this Amendment: Task 1.1 - Develop Amendment to Professional Engineering Services Agreement. Task 1.2 - Develop revised project schedule. Task 1.3 - Coordination with City, MDT, and FHWA (scope, budget, schedule, and contract). Activity 1.0 Deliverables: Final Amendment No. 3 Final Amended Schedule ---PAGE BREAK--- AMENDMENT NO. 3 Russell Street/South 3rd Street 2 Activity 2.0 – Preliminary Environmental HKM will sub-contract the completion of the Biological Resources Report, Biological Assessment, 404(b)(1) Analysis, and Wetlands Finding Report (if necessary) to PBS&J in Helena. See attached Scope and Cost from PBS&J. Activity 3.0 – Preliminary Roadway Design No changes. Activity 4.0 – Environmental Documentation Based on the extensive re-design effort conducted by HKM on the proposed roundabouts, and the continued conflicts with Section 4(f) properties, the Preliminary Preferred Alternative has been modified from the original proposal. This modification came very late in the development of the EIS document, and has resulted in substantial changes to work already completed and included in previous drafts. Through this Amendment, HKM is requesting additional hours for modified design work, graphics, impact calculations, the detailed noise analysis (subcontracted to Big Sky Acoustics), and EIS text to reflect the selection of and impacts from this re-defined Preliminary Preferred Alternative. There are also additional iterations of the environmental document that were not anticipated in the original scope of services. The additional iterations of the document have resulted in additional hours for preparation, and additional direct expenses for the production of the document. At this point, we have a clear idea of the size of the document and have developed a much more accurate estimate of costs associated with production. The additional documentation tasks and production efforts are outlined below, and a detailed breakdown of direct costs is included in Attachment A-2. 4.1 – Preliminary Draft EIS (based on MDT Activity 116 description dated March 27, 2008) C5 – HKM to prepare (in Redline format) Final Preliminary Draft EIS based on City/MDT/FHWA review comments, and prepare Comment/Response Memo. This third iteration of the Preliminary Draft was not anticipated in our original scope. Task 4.1 Deliverables: Final Redlined Preliminary Draft EIS with Comment/Response Memo (12 copies). 4.2 – Administrative Draft EIS (based on MDT Activity 192 description dated March 27, 2008) C3 – HKM to prepare and submit the Comment/Response memorandum that includes proposed document edits based upon comments from Agencies and Legal reviewers. HKM will also prepare response letters to the individual agencies providing comments. (At a minimum, the response letter will be a courtesy to acknowledge receipt of comments and indicate that comments will be “considered during project development.”) HKM shifted hours from our original Task 4.2 to MDT Activity 116 C-3, thus this is a fourth iterative draft of the DEIS not identified in our original scope. ---PAGE BREAK--- AMENDMENT NO. 3 Russell Street/South 3rd Street 3 Task 4.2 Deliverables: Redlined Administrative Draft with Comment/Response Memo and Agency response letters (new sub-task deliverable) (12 copies) 4.3 – Signature Draft EIS (based on MDT Activity 197 description dated March 27, 2008) No change. 4.4 – Prepare Final EIS (based on MDT Activity 198 description dated March 27, 2008) C-7 – HKM to finalize FEIS for printing and distribution for Legal Sufficiency review. This task was not anticipated in our original scope as an independent Draft and review activity. C9 – HKM to respond to Legal Sufficiency comments. This task was not anticipated in our original scope as an independent Draft and review activity. Task 4.4 Deliverables: Legal Sufficiency Review copy of FEIS (12 copies) Legal Sufficiency Comment/Response Memo (12 copies) 4.5 – Final EIS No change. (Note that the cost estimate includes an assumption that HKM will produce 50 copies of the FEIS and 50 copies of the ROD.) Activity 5.0 – Public Involvement HKM will prepare for and conduct one additional Public Information Meeting to provide an update on the current status, schedule, and modification of the Preliminary Preferred Alternative. Additional time and direct expenses have been included in this Amendment to cover the additional meeting, presentation materials, and travel expenses. As part of the public presentation at either the Information Meeting or the upcoming Public Hearing, the Working Group has requested a traffic analysis of the operational differences between a single-lane roundabout and a multi-lane signalized intersection. This Amendment includes additional hours for the preparation of the analysis and a graphic representation of the operational characteristics. Activity 6.0 – Project Management Based on the extensive work necessary to bring the Preliminary Draft document up to necessary standards, task revisions necessary to comply with the project development process, and the extended schedule due to these changes, the overall project schedule has been extended by over two years from what was originally scoped. The extra time required is included in this Amendment, which will take the contract to mid-August 2009. During 2007, the City, MDT, and FHWA requested bi-weekly Project Team meetings. The original scope anticipated only meetings. These second meetings each month are ---PAGE BREAK--- AMENDMENT NO. 3 Russell Street/South 3rd Street 4 included in this Amendment, which assumes the extended duration of the contract to be 26 months. This equates to 52 formal team meetings with the City/MDT/FHWA for the remaining duration of the project. It has been necessary to have some of these meetings face-to-face, and it is anticipated that future meetings of this nature would also be desired and advantageous. Additional travel expense, per diem, and direct expense has been included in this Amendment to cover anticipated expenses. The Working Group has also requested a bi-weekly Status Report and agenda for each bi- weekly meeting. This is an additional task not included in our original scope. It is now included as part of this Amendment. Activity 6.0 Deliverables: Bi-Weekly Project Team Meeting Minutes (new and extended task deliverables) Progress Report with invoice (extended task deliverables) Interim Status Report and Agenda (new task deliverable) III Cost Estimate HKM proposes to complete the additional internal and legal sufficiency review drafts of the Draft and Final EIS documents, and other additional tasks as outlined above, with a contract Amendment amount as outlined in Attachments A.-1 and A-2 Due to the two-year extension of the contract, HKM has adjusted the salaries to reflect projected increases over the term of the contract. The overall contract value with HKM Engineering Inc. 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 Amended Contract Value: $577,808.06 IV Schedule The City of Missoula, MDT, FHWA, and HKM Engineering have all committed to making this project a priority for completion in the most expeditious manner possible. The attached schedule outlines a process for the development, review, and approval of the Draft and Final EIS documents, and if appropriate, a Record of Decision (ROD) within a 26 month period from production of the Preliminary Draft EIS. This revised schedule is consistent with MDT’s current Consultant Design flowchart, and with the task durations as collaboratively developed by the City/MDT/FHWA and HKM Project Team. This Amendment will extend the overall contract to the end of December 2009 to cover any miscellaneous items related to transfer of electronic files, hard copy files, and project close-out that may occur after the completion of the environmental activities outlined in our amended Scope of Services and Agreement(s). ---PAGE BREAK--- AMENDMENT NO. 3 Russell Street/South 3rd Street 5 Engineer: HKM Engineering, Inc. 7 West 6th Avenue Suite 3W Helena, MT 59601 Date: Karen B. Fagg, President Date: Gary Simonich, Secretary 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--- Attachment A-1 May 6, 2008 D. James J. James Odegard Jespersen Schott Salle Becken-Gaddo Harden Cormier Shoff Manager Lead Planner Lead Engineer Planner Planner Designer Desinger CAD Traffic Eng. QA/QC Total 1.0 Project Scoping 1.1 Scope/Budget/Contract and Mtgs. 70 4 4 2 80 2.0 Preliminary Environmental No changes 0 3.0 Preliminary Roadway Design No changes 0 4.0 Environmental Documentation 116 C-1 4.1 Preliminary Draft EIS 0 XX Re-Define Preliminary Pref. Alt. 60 20 20 20 40 20 20 200 C-3 Modify Document and Reports 0 C-5 Modify Document 50 16 20 40 20 20 166 192 C-1 4.2 Administrative Draft EIS 0 C-3 Respond to Agency Comments 40 16 8 12 24 100 C-5 Modify Responses and Prep Letters 0 197 C-1 4.3 Signature Draft EIS 0 C-3 Print Signed Copies of DEIS 0 C-5 5.6 Public Hearing 0 198 C-1 4.4 Preliminary Draft - Final EIS 0 C-3 Revise Comment/Response Doc. 0 C-5 4.5 Final EIS 0 C-7 Print EIS for Legal Sufficiency 2 2 4 4 12 C-9 Respond to Legal Suff. Comments 20 12 12 12 56 C-11 Print for Federal Register 0 199 C-1 4.6 Draft Record of Decision 0 5.0 Public Involvement Additional Public Information Meeting 24 4 4 8 30 70 Modeling (single-lane roundabout) 8 24 20 60 112 6.0 Project Management/Administration 15 20 20 55 Additional Bi-Weekly Coordination 100 52 20 60 232 Total Hours 389 130 96 156 110 80 40 20 60 2 851 Current Direct Hourly Rates $43.75 $32.80 $43.30 $16.50 $13.50 $25.00 $22.50 $16.20 $38.50 $53.00 Adjusted Direct Hourly Rates* $46.38 $34.77 $45.90 $17.49 $14.31 $26.50 $23.85 $17.17 $40.81 $56.18 Direct Labor Total $18,039.88 $4,519.84 $4,406.21 $2,728.44 $1,574.10 $2,120.00 $954.00 $343.44 $2,448.60 $112.36 $37,246.86 Overhead (168.881%) $30,465.92 $7,633.15 $7,441.25 $4,607.82 $2,658.36 $3,580.28 $1,611.12 $580.00 $4,135.22 $189.75 $62,902.87 Fixed Fee (12 $12,017.97 Expenses (see breakout below) $47,767.00 Total HKM Modification $159,934.71 Subconsultant: Big Sky Acoustics - Modifications to Noise Report 3,920.56 PBS&J - Biological Resources Report / Biological Assessment 14,310.98 $18,231.54 Total Estimate of Amendment # 3 $178,166.25 Detailed Expense Breakout: item quantity cost per total cost Reproduction (see Attachment A-2) sheets $44,686.00 Vehicle Rental days 0 50 $0.00 Mileage miles 3500 0.45 $1,575.00 Per Diem days 14 39 $546.00 Hotel Stays nights 8 120 $960.00 Advertisements runs 0 450 $0.00 Postage letters/cards 0 0.42 $0.00 $47,767.00 * Note: HKM Direct Hourly Rates have been adjusted in this row to reflect anticipated salary increases over the extended term of this contract. MDT Task Numbers Cost Estimate: Amendment # 3 Russell Street / South Third Street Environmental Impact Statement City of Missoula ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK---