6. Contract Amendment - Wastewater Treatment Plant2011' Avenue East, P.O. Box 1997, Kalispell, MT 59903 Phone (406)758-7720 — Fax (406)758-7831
www.kolispellcom
REPORT TO: Mayor and City Council
SUBJECT: W WTP Contract Amendment to Support Potential Stimulus Projects
MEETING DATE: February 2, 2009
BACKGROUND: In 2004, the City entered into a Task Order contract with Morrison Maierle for the
complex design and construction engineering required to expand the capacity of the City's wastewater
treatment plant. This task order contract specified a broad range of engineering services that could be
performed. The actual work has been done through the issuance of individual Task Orders which defined
the work scope, cost and schedule. This task order contract is still in force and available to support the
potential engineering requirements associated with the listing of Federal Stimulus -related projects to be
submitted to our legislators. If the City is successful at gaining funding for any of the Public Works
infrastructure projects it submits, there will be a significant level of very intense fast -track engineering
effort needed to ensure the project is under construction on the schedule expected by Federal authorities.
Projects involving Federal funds typically require that engineer selection follow a precise procedure.
The current contract followed that Federal procedure. Morrison Maierle has performed with exceptional
skill and has managed the current W WTP work so that we have remained within budget and on schedule.
Morrison Maierle has successfully completed a very aggressive fast -track engineering and construction
management for the City when we engineered a new 2 1 " diameter water line in Main Street and
integrated it into the State's project to upgrade the Main/Idaho Intersection. This engineering work was
done start to finish in six weeks. Initiating a new engineering contract after the City learns that a project
has been authorized will delay the construction of a project by 6 to 8 weeks. None of the potential projects
are included in the current budget, therefore it would be inappropriate to solicit engineering proposals
now for non-existent and unfunded projects. For these reasons, it is recommended the City utilize the
current Task Order Contract with Morrison Maierle to perform this work. In order for this to happen, the
contract should be amended in three areas, task areas, scope, and performance period.
If the City is successful at gaining funding for any Public Works projects, each will fall into one of
four categories: sewage, storm water, water, and transportation. The current contract is generally broad
enough in tasking to cover all these except for transportation, which is very likely to be among the first
type of project that is funded. The four categories of project should be added to the tasking for clarity. In
addition, it is desired that the scope of this amendment be restricted to focus on those projects that we
have indicated can be shovel ready this year. That listing is included in the amendment. The original
contract had a 7 year performance period. Two years remain. The Federal Stimulus effort is anticipated to
be a multi -year program. Therefore, to ensure adequate performance time for any potential project, we
recommend increasing the performance period 3 years.
ACTION REQUESTED: AT CITY COUNCIL MEETING OF FF13RUARY 2Nn ,
MOTION TO AMEND THE CURRENT TASK ORDER CONTRACT WITH
MAIERLE TO SPECIFY PROJECTS, ADD ENGINEERING TASKS, AND
EXTEND THE PERFORMANCE PERIOD THREE YEARS.
FISCAL EFFECTS: None at this time. Potential expenditures from various funds depending on action
by the Federal government
ALTERNATIVES: As suggested by the City Council
Respectfully
Hansz, P.E. ' My ebb
of Public Works 1 City ggineer Interim City Manager
Attachment: Contract Amendment
law MORRISON-MAIERL.E, INC. Sol
AMENDMENT NO. 1 TO OWNER -ENGINEER AGREEMENT
PROJECT NO. 0387.044
1. Background Data:
a. Effective date of OWNER -ENGINEER Agreement: November 16, 2004
b. OWNER: City of Kalispell, Montana
C. ENGINEER: Morrison-Maierle, Inc.
d. Project: City of Kalispell Advanced Wastewater Treatment Facility
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:
Exhibit K added to the original agreement as attached to this amendment.
OWNER and ENGINEER herebyagree.to modifythe above -referenced Agreement asset forth in this Amendment.
All provisions of the Agreement not modified by this or previous Amendments remain in effect. The Effective Date
of this Amendment is January 20, 2009.
,7�71
City of Kalispell Mort Webb Morrison-Maierle Inc.
Title: City Manager Title: Vice President, Kalispell Office Manager
Date Signed: Date Signed: 2G \I.E orr7 ze:� �2
Ism MORRISON-MAIERLE, INC. Mal
ATTACHMENT 1
This is Attachment 1, consisting of 1 Page(s), to Amendment No.1, Dated January 20, 2009.
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.)
® Al. ENGINEER shall perform the following Additional Services:
IN
EXHIBIT K, "Shovel Ready" 2009 Infrastructure Projects Services, including Water and Sewer
Improvements, Transportation Improvements, and Storm Drainage, as well as Wastewater
Treatment.
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:
Engineering and Construction services as requested for projects listed in the attached Exhibit K.
❑ A3. The responsibilities of OWNER are modified as follows:
07
A4. For the Additional Services or the modifications to services set forth above, OWNER shall pay
ENGINEER the following additional or modified compensation:
Compensation will be based on the effective MMI standard billing rates at the time of the request.
® A5. The schedule for rendering services is modified as follows:
No
Revise the effective time period in Section 3.01 to ten (10) years, resulting in a completion date of
November 16, 2014.
A6. Other portions of the Agreement (including previous amendments, if any) are modified as follows:
Amend Section 8.01 of the original agreement to include the attached Exhibit K.
if Amendment To Engineer Agreement.Filkn.Feb 2007 Page 2 of Pages Revised 02107 11
EXHIBIT K
CITY OF KALISPELL
"SHOVEL READY"
2009 INFRASTRUCTURE PROJECTS
Dater:
Sheepherder Hill Transmission Pipeline Interconnection ($135 000) -"Phis project installs 1,300
feet of 12-inch pipeline to complete a critical full -capacity connection of the new Sheepherder
Hill water storage tank with the existing Kalispell water distribution system. This critical
connection has been delayed due to collapse of the local residential construction industry.
(4/2009)
Sewer:
Phase 1 Kalisuell Advanced Wastewater Treatment Plant ($4,000,000) - Expand current plant
capacity and increase treatment levels by extending contractual agreement with current
contractor to construct second phase capacity expansion and first phase effluent quality upgrade.
First phase of this work involves construction of previously approved improvements that were
eliminated from current project due to budget constraints. Improvements will increase treatment
capacity and greatly improve regional water quality by reducing nutrient loads to Flathead Lake.
(4f2009 — the first phases of this project are ready now)
Grandview Sewage Puma Station and Gravity Main Ut3grade ($600,000) — This project raises
capacity of the existing Grandview sewage pumping station and downstream pipelines to assure
uninterrupted wastewater services to the growing north and northwest sectors of Kalispell. The
project includes new pumping equipment, control systems, larger pipeline downstream, project
engineering and construction management services. (2/2009 - this project is ready now.)
Transportation:
Kalispell Street Reconstruction and Rehabilitation Program ($2 500 000) — This project provides
for the reconstruction and rehabilitation of urban roadways and intersections within the City of
Kalispell. The work includes pavement milling, asphalt overlay, seal and cover, pavement
larkings, reconstruction of intersections to comport with ADA guidelines for pedestrian access,
project management and engineering. (5/2009)
Three Mile Drive Phase I (MSN-29 $4 216 000) — Indentified in the 2006 Kalispell Area
Transportation Plan. Reconstruct Three Mile Drive to a three -lane minor arterial roadway from
Meridian Road, west a distance of 2,400 linear feet. The Phase 1 cost includes $2,284,000 to
construct a three -lane roadway (two lanes plus a center left -turn lane), curb and gutter, sidewalk,
and $1,392,000 for utility relocations, storm drainage, water and sewer improvements, project
engineering and construction management. Total project length, Phase 1 and Phase 2 is 2-miles.
(6/2009)
Storm Drainage and Flood Control:
Stillwater Road Drainage Improvements ($306,929) - Stillwater Road from Parkridge Drive to
the Blue Heron Estates Subdivision. Increased stone water flows into a drainage basin west of
Stillwater Road has caused flooding to public and private properties south of Park Ridge Drive
and west of Stillwater Road. The intent of the Stillwater Road project is to intercept the storm
water flow and convey it to Spring Creek without unduly impacting downstream property
owners. The project will eliminate or mitigate flooding on private property, provide adequate
conveyance in the right -of- way, and minimize the impact on downstream users adjacent to the
conveyance path. The project includes installing stone drain piping manholes, and asphalt
replacement. (3/2009)
Willow Glen Drive Drainage Improvements ($162949) - The Leisure Heights storm drainage
detention pond has flooded public and private property down stream. This project will improve
the function of the Leisure Heights detention pond, eliminate storm water flooding on public and
private property, and improve down stream conditions along Willow Glen Drive. The project
includes installing storm drain piping, manholes, a detention pond outfall structure, and asphalt
replacement. (3/2009)