HomeMy WebLinkAbout16- Amendment 3 to PSA - Robert Peccia and Associates - Baxter Davis Intersection ImprovementsAmendment No. 3 to Professional Services Agreement
for Baxter Davis Intersection Improvements
THIS AGREEMENT is made as of this q day of (f h Gu-( , 2016,
between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, herein
referred to as OWNER and Robert Peccia and Associates, Helena, Montana, 59604, an
Engineering Consulting Firm of Bozeman, Montana, herein referred to as ENGINEER.
WHEREAS, the parties have entered into a Professional Services Agreement dated
December 1, 2014, herein referred to as Original Agreement for professional engineering
services; and
WHEREAS, the parties desire to further amend the provisions of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, the parties agree as follows:
The conditions and provisions set forth in the attached EXHIBIT C (Scope of Services) and
EXHIBIT D (Fee Proposal) are hereby incorporated in and made part of this Agreement.
ARTICLE 1- ENGINEERING SERVICES
1.1. The detailed description of the specific project components is described as follows:
This project amendment is the bidding, construction, and project documentation phase for
improvements to Baxter Lane from west of Davis Lane to 19`x' Avenue. This amendment also
includes out of scope work for the Final Design phase for the same section of Baxter Lane.
1.2. The scope of services under this contract is set forth in this agreement and the attached
EXHIBITS.
4.3 FINAL DESIGN PHASE
After written authorization to proceed with the Final Design Phase, ENGINEER shall:
4.3.1. On the basis of the accepted Preliminary Design documents and the revised opinion of
probable Total Project Costs, prepare for incorporation in the Contract Documents final drawings
and Technical Specifications of sufficient detail to show the general scope, extent and detailed
character of the work to be furnished and performed by the Contractor(s) suitable for use in the
project bidding and construction.
4.3.2. Advise OWNER of any adjustments to the latest opinion of probable Total Project Costs
caused by changes in general scope, extent or character or design requirements of the Project or
Construction Costs. Furnish to OWNER a revised opinion of probable Total Project Costs based
on the Drawings and Specifications.
4.3.3. Prepare for review and approval by OWNER, its legal counsel and other advisors,
contract agreement forms, general conditions and supplementary conditions, and (where
appropriate) bid forms, invitations to bid and instructions to bidders, special provisions, technical
specifications, and standard drawings, and other related contract documents in conformance with
the latest edition of the Montana Public Works Standard Specifications (MPWSS) and City of
Bozeman Modifications to MPWSS adopted by the City of Bozeman.
4.3.4. Furnish OWNER six copies and an electronic copy of the Contract Documents (including
design drawings, specifications and contracts).
The Final Phase will be complete and submitted within 30 calendar days following written authorization
from OWNER to ENGINEER to proceed with that phase of services.
4.4 BIDDING OR NEGOTIATING PHASE
After written authorization to proceed with the Bidding or Negotiating Phase, ENGINEER shall:
4.4.1. Assist OWNER in advertising for and obtaining bids or negotiating proposals for
construction contract(s) and record prospective bidders to whom Bidding Documents have been
issued, receive and process deposits for Bidding Documents and conduct pre-bid conferences.
4.4.2. Provide interpretation or clarification to prospective bidders regarding the Bidding
Documents, and issue addenda as appropriate.
4.4.3. Consult with and advise OWNER as to the acceptability of the prime contractor,
subcontractors, suppliers and other persons and organizations proposed by the prime contractor(s)
(herein call "Contractor(s)") for those portions of the work as to which such acceptability is
required by the Bidding Documents.
4.4.4. Consult with OWNER concerning and determine the acceptability of substitute materials
and equipment proposed by Contractor(s) when substitution prior to the award of contracts is
allowed by the Bidding Documents.
4.4.5. Attend the Bid opening, prepare bid tabulation, evaluate bids, assess bidders'
responsiveness and responsibility and make award recommendation to OWNER.
4.4.6 Facilitate contract award, and the execution and distribution of the contract documents
for construction, materials, equipment and services. Furnish Owner two original signature sets of
executed contract documents (including design drawings, specifications and contracts). Furnish
contractor with one set of original signature executed contract documents and up to three sets of
construction documents.
4.5 CONSTRUCTION PHASE
The responsibilities of the ENGINEER during the Construction Phase are summarized as follows:
4.5.1. General Administration of Construction Contract. ENGINEER shall consult with and
advise OWNER and act as OWNER'S representative as provided in EXHIBIT A -
ENGINEER'S STATUS DURING CONSTRUCTION, attached to and made part of this
Agreement and may be further provided under the General Conditions of the contract documents.
The extent and limitations of the authority, duties, and responsibilities of the ENGINEER on the
construction job site as assigned here -in shall not be modified except as the ENGINEER may
otherwise agree in writing. All of OWNER's instruction to Contractor(s) will be issued through
ENGINEER who will have authority to act on behalf of OWNER to the extent provided in the
General Conditions except as otherwise provided in writing.
In addition to the services provided under Article 10 (Exhibit A) the ENGINEER shall provide
the following services during construction:
4.5.1.1 Schedule and conduct a pre -construction conference.
4.5.1.2 Provide personnel, equipment and supplies for construction layout and control,
including establishment of line, grade, and blue top control staking.
4.5.1.3 Review Contractors' construction schedules and operations, and the Contractors'
traffic control plans and its implementation prior to the start of construction.
4.5.1.4 Ascertain that the Contractor has secured required permits needed to accomplish
his work.
4.5.1.5 Prepare and provide weekly activity and progress reports to the City's Task
Director.
4.5.1.6 ENGINEER shall provide OWNER copies of all correspondence between the
ENGINEER and Contractor.
4.5.1.7 Issue stop and resume work orders, in whole or in part, when work is not or
cannot be performed in accordance with the Contract Documents.
4.5.1.8 Review and approve, for conformance with the project technical specifications
all shop drawings, and other Contractor submittals required by the Contract Documents.
4.5.1.9 During construction review Contractors' construction schedules and evaluate
conformance and progress under the Contract time provisions.
4.5.1.10 Prepare for OWNER'S approval any plan and specification changes which due to
any initial design or engineering deficiencies are required to complete the project original
design concept.
4.5.1.11 Inspect the project and when appropriate, and after conferring with OWNER,
issue a Certificate of Substantial Completion to the Contractor.
4.5.1.12 Prior to recommending final payment, schedule and conduct with the OWNER a
final project inspection and submit a report to the OWNER documenting any outstanding
items or deficiencies requiring correction prior to final payment. Upon satisfactory
project completion ENGINEER shall certify in writing to the OWNER, and any required
regulatory agencies, that the construction was completed in accordance with the approved
plans and specifications and is performing in accordance with the design concept.
4.5.1.13 Twenty-three months after project substantial completion schedule and conduct
with the Owner a Two Year Warranty Inspection of the project and advise the owner in
writing whether project deficiencies exist and if the project is performing in accordance
with the design concept.
4.5.2. Resident Project Representative. ENGINEER shall provide a qualified Resident Project
Representative at the job site to provide observation of the work as provided in EXHIBIT B - A
LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF
AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE, attached to and made
part of this Agreement.
The ENGINEER shall submit to the OWNER, for review and acceptance, the resume of each
Resident Project Representative who may be assigned to the job site during the course of the
Project not less than 10 calendar days prior to the pre -construction meeting. Any subsequent
change in the resident representative shall also be subject to the OWNER'S approval.
4.5.3 Limitations of Responsibilities. ENGINEER will not be responsible for
CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the
safety precautions and programs incident thereto, and ENGINEER will not be responsible for
CONTRACTOR'S failure to perform or furnish the Work in accordance with the Contract
Documents; however, nothing contained in this agreement shall be construed to release
ENGINEER from liability for failure to properly perform duties and responsibilities assumed by
ENGINEER in the Contract Documents.
4.6. PROJECT DOCUMENTATION
ENGINEER shall furnish OWNER with (a) one mylar copy, two paper copies, and an electronic copy of
the Project Record Drawings ("As-Builts"), (b) written monthly progress reports, and (c) a project
notebook containing such correspondence and documentation as requested by OWNER.
4.7. CONSTRUCTION TESTING
The inspection services shall include fflat r -i a' testi ,,. a*a verification of contract compliance with job site
requirements, plans and specifications.
The ENGINEER shall pi:ev d maintain detailed documentation of the following material testing:
1) Concrete strength, air content and slump
2) Embankment, trench backfill, and gravel and pavement densities
3) Aggregate gradations
4) Plant mix strength, flow and asphalt content
4.8. EXPERT WITNESS
The expert witness services shall include assisting the Owner during condemnation hearings. The
ENGINEER will present results from the project Traffic Impact Study during the hearing.
ARTICLE 5 - ADDITIONAL SERVICES
5.1. If OWNER wishes ENGINEER to perform any of the following Additional Services, OWNER
shall so instruct ENGINEER in writing, and ENGINEER shall perform or obtain from others such
services and will be paid therefor as provided in the Agreement:
5.1.1. Legal land surveys performed to obtain data for preparing easements and rights-of-way
descriptions.
5.1.2. Preparation of applications and supporting documents for governmental agencies in
addition to those required under Basic Services; preparation or review of environmental studies
and related services; and assistance in obtaining environmental approvals.
5.1.3. Services resulting from significant changes in the general scope, extent or character of the
Project or major changes in documentation previously accepted by OWNER where changes are
due to causes beyond ENGINEER's control.
5.1.4. Providing renderings or models.
5.1.5. Preparing documents for alternate bids requested by OWNER for work not executed or
for out -of -sequence work.
5.1.6. Providing other services not otherwise provided for in the Agreement, including services
normally furnished by the OWNER as elsewhere herein described.
5.1.7. Furnishing the services of independent professional associates or consultants for other
than Basic Services.
5.2. When required by the Contract Documents in circumstances beyond ENGINEER's control,
ENGINEER shall perform or obtain from others any of the following Additional Services as
circumstances require during construction and without waiting for specific instructions from OWNER,
and ENGINEER will be paid therefor as provided in this Agreement:
5.2.1. Services in connection with work directive changes and change orders to reflect the
changes requested by OWNER if the resulting change in compensation for Basic Services is not
commensurate with the additional services rendered.
5.2.2. Services in making revisions to Drawings and Specifications occasioned by the
OWNER'S acceptance of substitutions proposed by Contractor(s); services after the award of
each contract in evaluating and determining the acceptability of an unreasonable or excessive
number of substitutions proposed by Contractor; and evaluating an unreasonable or extensive
number of claims submitted by Contractor(s) or others in connection with the work.
5.2.3. Services resulting from significant delays, changes or price increases occurring as a direct
result of materials, equipment or energy shortages.
5.2.4. Additional or extended services during construction made necessary by (1) work damage
by fire or other causes during construction, (2) a significant amount of defective or neglected
work of any Contractor, (3) acceleration of the progress schedule involving services beyond
normal working hours, (4) default by any Contractor.
ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE
6.1 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER
6.1.1 Payment. The OWNER shall for design phase services performed as Basic Engineering
Services under section 4.3 of this agreement pay a total sum in the amount of $ 22,500.00 for
such services.
6.1.2 Payment Schedule. Total cumulative payments for the design phase engineering services
(section 4.3) shall not exceed the following ceilings:
$2,250.00 (10 % of design fee) until the Pre -design Investigation and Preliminary Design Report
have been submitted to the OWNER.
$11,250.00 (50% of design fee) until the Preliminary Plans and Specifications have been
submitted to the OWNER and review authorities.
$20,250.00 (90% of design fee) until the Final Plans and Specifications have been submitted to
the OWNER and review authorities.
6.1.3 General. Engineer shall submit monthly statements for services rendered. The
statements shall be based upon Engineer's estimate of the proportion of the total services actually
completed at the time of billing, subject to any limitations on Payments based on completion of
tasks or specific retainage requirements pursuant to the payment provisions of the Agreement.
6.1.4 Reimbursable Expenses. Only those expenses specifically identified for payment under
section 6.2 of the original Agreement are reimbursable. All other design related expenses are
included in the Lump Sum Payment for the Basic services (4.3) and are not separately
reimbursable. Additional Services specifically identified under the scope of design services for
payment under 6.1 are not separately reimbursable.
6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF
ENGINEER.
Construction and project documentation services performed as Basic Engineering Services under sections
4.4 through 4.8 including General Administration of Construction Contract, Resident Project
Representation, Project Documentation, mid Gens+..aeti .,, Testing, shall be compensated in accordance
with the following:
6.2.1 The OWNER shall pay for Construction Phase and Project Documentation Services an
amount not to exceed $182,800.00 except as provided under 6.2.1.2 and 6.2.4.
6.2.1.1 Costs Compensation. Compensation for these services shall be based on the
ENGINEER's Direct Labor Cost times a factor of 3.088 for services rendered which
shall cover Direct Labor, Direct Labor Overhead, General & Administrative Overhead
and Profit.
6.2.1.2 Notification. At any time during the construction that it becomes apparent that
the Construction Phase and Project Documentation Services rendered under this
Agreement will exceed the negotiated compensation for these services, and prior to
performing services in excess of the contract ceiling, the ENGINEER shall give OWNER
written notice thereof. Promptly thereafter OWNER and ENGINEER shall review the
scope and progress of the project work. ENGINEER shall obtain written authorization
from OWNER, prior to any additional costs being incurred under paragraph 6.2.1.3. If it
is determined that due to a change in project scope under paragraph 5.2.1, the
ENGINEER is entitled to additional compensation, OWNER and ENGINEER may
negotiate terms as provided under 6.2.1.1. The amount and terms of any additional
compensation under 6.2.1.1 or 6.2.1.3 shall be negotiated and agreed in writing pursuant
to 9.16.
6.2.1.3 Costs Exceeding Estimated Compensation. Except as allowed under 5.2.1, when
the total cost of the original scope Construction Phase and Project Documentation
Services exceeds the negotiated compensation for these services, the OWNER shall pay
only for the direct costs incurred in excess of the estimated compensation. These costs
consist of an amount equal to the ENGINEER'S Direct Labor Cost times a factor of
2.6855 for services rendered which shall include Direct Labor, the federally audited
payroll Direct Labor Overhead, and General & Administrative Overhead costs, but shall
not include any allowance for profit.
6.2.2. Reimbursable Expenses, as defined in section 7.4 of this Agreement, for Basic Services
and Approved Additional Services shall be paid to the ENGINEER by the OWNER in the actual
amount of the costs incurred up to an amount not to exceed $ 7,829.15 which includes 0.00
for consultants employed by the Engineer and $ 7,829.15 for all other reimbursable expenses.
The estimated reimbursable expenses are identified in Exhibit " C ".
6.2.3. Failed Test Expenses. The ENGINEER shall maintain and provide to the OWNER, a
record of the costs associated with failing quality control tests performed for the OWNER during
the course of the construction of the project and recommend an amount the OWNER deduct from
the contractor(s) payments.
6.2.4 The OWNER shall pay an amount for Additional Services rendered by the ENGINEER
and approved in writing by the OWNER on the basis of the ENGINEER'S Direct Labor Costs
times a factor of 3.088 , or an amount otherwise negotiated at the time such services are
requested and approved by the OWNER.
ARTICLE 7 - MEANING OF TERMS
7.1 AGREEMENT
As used herein the term "this Agreement" refers to the contents of this document and its Exhibits attached
hereto and referred to as if they were part of one and the same document.
7.2 CONSTRUCTION COSTS
The construction cost of the entire Project (herein referred to as "Construction Cost") means the total cost
to OWNER of those portions of the entire Project designed and specified by ENGINEER, but it will not
include ENGINEER's compensation and expenses, the cost of land, rights-of-way, or compensation for or
damages to, properties unless this Agreement so specifies, nor will it include OWNER's legal, accounting,
insurance counseling or auditing services, or interest and financing charges incurred in connection with
the Project or the cost of other services to be provided by others to OWNER.
7.3 DIRECT LABOR COSTS
Direct Labor Costs used as a basis for payment mean the actual salaries and wages paid to all
ENGINEER's personnel engaged directly on the Project, including, but not limited to, engineers,
architects, surveyors, designers, drafters, specification writers, estimators, other technical and business
personnel; but does not include indirect payroll related costs or fringe benefits. For the purposes of this
Agreement the principals and employees of the ENGINEER maximum billable Direct Labor Costs are:
Principal
$61.05/hour
Project Manager
$46.13/hour
Senior Traffic Engineer
$42.77/hour
Design Engineer
$41.33/hour
Staff Engineer
$35.32/hour
Environmental Planner
$44.21/hour
Surveyor
$40.37/hour
Surveyor Assistant
$29.07/hour
Senior Construction
$35.56/hour
Construction Technician
$30.00/hour
Accounting
$35.56/hour
CADD Technician
$25.70/hour
Clerical
$25.22/hour
7.4 REIMBURSABLE EXPENSES
Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's independent
professional associates or consultants directly in connection with the Project, such as expenses for:
transportation and subsistence incidental thereto; obtaining bids or proposals from Contractor(s);
subsistence and transportation of Resident Project Representatives and their assistants; toll telephone calls
and telegrams; reproduction of reports, Drawings, Specifications, Bidding Documents and similar Project -
related items; and if authorized in advance by OWNER, overtime work requiring higher than regular
rates. In addition, when compensation for Basic Services is on the basis of Direct Labor Costs method of
payment, Reimbursable Expenses will also include the amount billed to ENGINEER by special
consultants employed by ENGINEER and authorized by OWNER (other than as an authorized Additional
Services) and will also include expenses incurred for computer time and other specialized equipment,
including an appropriate charge for previously established programs and expenses of photographic
production techniques.
Except as specifically amended herein, the original agreement shall remain in full force and
effect and the Parties shall be bound by all terms and conditions therein.
IN WITNESS WHEREOF, the parties hereto do make and execute this Agreement on the day
and year first above written.
CITY OF BOZEMAN, MONTANA
BY:
(City Manager)
APPROVE AfT
By:( '4
rty
ATTEST:
BY:
(City Clerk)
ENGINEER
BY:
(Vice President)
EXHIBIT A
TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES
ENGINEER'S STATUS DURING CONSTRUCTION
This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on
between CITY OF BOZEMAN (OWNER) and ROBERT PECCIA AND ASSOCIATES
(ENGINEER) providing for professional engineering services.
ARTICLE 10 - ENGINEER'S STATUS DURING CONSTRUCTION
10.1. OWNER'S REPRESENTATIVE
ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the
limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract
Documents and shall not be extended without written consent of OWNER and ENGINEER.
10.2. VISITS TO THE SITE
ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the
progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance
with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on-site
inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for
OWNER's greater degree of confidence that the completed Work will conform to the Contract Documents. On the
basis of such visits and on-site observations as an experienced and qualified design professional, ENGINEER will
keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and
deficiencies in the Work.
10.3. PROJECT REPRESENTATION
If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER
in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such
Resident Project Representative and assistants will be as provided in EXHIBIT B A LISTING OF THE DUTIES
RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT
REPRESENTATIVE.
10.4. CLARIFICATIONS AND INTERPRETATIONS
ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements
of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which
shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If
CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or an
extension of the Contract Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR
may make a claim therefor as provided in the General Provisions of the construction Contract Document.
10.5. AUTHORIZED VARIATIONS IN WORK
ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which
do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of
the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER, and also
on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order
justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as
to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in the General Conditions
of the Construction Contract.
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10.6. REJECTING DEFECTIVE WORK
ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, and will
also have authority to require special inspection or testing of the Work as provided in the General Provisions of the
construction Contract Document whether or not the work is fabricated, installed, or completed.
10.7. SHOP DRAWINGS, CHANGE ORDERS AND PAYMENT
10.7.1. The ENGINEER's responsibility for Shop Drawings and samples shall comply with the shop drawing
provisions of the General Provisions of the construction Contract Document
10.7.2. The ENGINEER's responsibilities for Change Orders shall comply with the change order provisions of
the General Provisions of the construction Contract Document.
10.7.3. The ENGINEER's responsibilities for contractor's Application for Payment shall comply with the
payment provisions of the General Provisions of the construction Contract Document.
10.8. DETERMINATIONS FOR UNIT PRICES
ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by
CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on
such matters before rendering a written recommendation thereon (by recommendation of an Application for
Payment or otherwise) to OWNER.
10.9. DECISION ON DISPUTES
10.9.1. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the
interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and
claims under The General Conditions of the Construction Contract in respect of changes in the Contract Price or Contract
Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this
paragraph, which ENGINEER will render in writing within a reasonable time. Written notice of each such claire, dispute
and other matter shall be promptly reported and copied to the OWNER.
10.9.2. When functioning as interpreter under paragraphs 10.8 and 10.9.1, ENGINEER will not show partiality to
OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith
in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 10.8 and 10.9.1 with respect to any
such claim, dispute or other matter will be a condition precedent to any exercise by OWNER or CONTRACTOR of such
rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any
such claim, dispute or other matter.
10.10. LIMITATIONS ON ENGINEER'S RESPONSIBILITIES
10.10.1. Neither ENGINEER's authority to act under this Article or elsewhere in the Contract Documents nor any decision
made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or
responsibility of ENGINEER to CONTRACTOR, any Sub -contractor, any Supplier, or any other person or organization
performing any of the Work, or to any surety for any of them.
10.10.2. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as
approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or
"satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of
ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the
Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of
any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of
paragraph 4.5.3.
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EXHIBIT B
TO AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES
A LISTING OF THE DUTIES, RESPONSIBILITIES AND
LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE.
This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on
between CITY OF BOZEMAN (OWNER) and ROBERT PECCIA AND ASSOCIATES
(ENGINEER) providing for professional engineering services.
ARTICLE 11 - DUTIES RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE
RESIDENT PROJECT REPRESENTATIVE
ENGINEER shall furnish a Resident Project Representative (RPR), assistants and other field staff to assist
ENGINEER in observing performance of the work of Contractor.
Through more extensive on-site observations of the work in progress and field checks of materials and equipment by
the RPR and assistants, ENGINEER shall endeavor to provide further protection for OWNER against defects and
deficiencies in the work of CONTRACTOR; but, the furnishing of such services will not make ENGINEER
responsible for or give ENGINEER control over construction means, methods, techniques, sequences or procedures
or for safety precautions or programs, or responsibility for CONTRACTOR's failure to perform the Work in
accordance with the Contract Documents and in particular the specific limitations set forth in section 4.5 of the
Agreement are applicable.
The duties and responsibilities of the RPR are limited to those of ENGINEER in this agreement and in the
construction Contract Documents, and are further limited and described as follows:
11.1. GENERAL
RPR is ENGINEER's agent at the site, will act as directed by and under the supervision of ENGINEER, and
will confer with ENGINEER regarding RPR's actions. RPR's dealings in matters pertaining to the on-site work shall
in general be with ENGINEER and CONTRACTOR keeping OWNER advised as necessary. RPR's dealings with
subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. RPR shall
generally communicate with OWNER with the knowledge of and under the direction of ENGINEER.
11.2. DUTIES AND RESPONSIBILITIES OF RPR
11.2.1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of
values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability.
11.2.2. Conferences and Meetings: Attend meetings with CONTRACTOR, such as preconstruction
conferences, progress meetings, job conferences and the project -related meetings, and prepare and circulate
copies of minutes thereof.
11.2.3. Liaison:
11.2.3.1. Serve as ENGINEER's liaison with CONTRACTOR, working principally through
CONTRACTOR's superintendent and assist in understanding the intent of the Contract Documents; and
assist ENGINEER in serving as OWNER's liaison with CONTRACTOR.
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11.2.3.2.Assist in obtaining from OWNER additional details or information, when required for proper
execution of the Work.
11.2.4. Shop Drawings and Samples:
11.2.4.1. Record date of receipt of Shop Drawings and samples.
11.2.4.2. Receive samples which are furnished at the site by CONTRACTOR, and notify
ENGINEER of availability of samples for examination.
11.2.4.3. Advise ENGINEER and CONTRACTOR of the commencement of any Work
requiring Shop Drawing or sample if the submittal has not been approved by
ENGINEER.
11.2.5. Review of Work, Reiection of Defective Work, Inspections and Tests:
11.2.5.1. Conduct on-site observations of the Work in progress to assist ENGINEER in
determining if the Work is in general proceeding in accordance with the Contract Documents.
11.2.5.2. Report to ENGINEER whenever RPR believes that any Work is unsatisfactory, faulty or
defective or does not conform to the Contract Documents, or has been damaged, or does not meet
the requirements of any inspection, test or approval required to be made; and advise ENGINEER
of Work that RPR believes should be corrected or rejected or should be uncovered for observation,
or requires special testing, inspection or approval.
11.2.5.3. Verify that tests, equipment and systems startup and operating and maintenance training
are conducted in the presence of appropriate personnel, and the CONTRACTOR maintains
adequate records thereof, and observe, record and report to ENGINEER appropriate details
relative to the test procedures and startup.
11.2.5.4. Accompany visiting inspectors representing public or other agencies having jurisdiction
over the Project, record the results of these inspections and report to ENGINEER.
11.2.6. Interpretation of Contract Documents: Report to ENGINEER when clarifications and
interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and
interpretations as issued by ENGINEER.
11.2.7. Modifications: Consider and evaluate CONTRACTOR's suggestions for modifications in
Drawings or Specifications and report with RPR's recommendations to ENGINEER. Transmit to
CONTRACTOR decisions as issued by ENGINEER.
11.2.8. Records:
11.2.8.1. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop
Drawings and samples, reproductions of original Contract Documents including all Work
Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued
subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the
Contract Documents, progress reports, and other Project related documents.
11.2.8.2. Keep a detailed and accurate diary or log book, recording CONTRACTOR hours on the job
site, weather conditions, prime and subcontractor daily work force, daily log of equipment onsite or
on standby, data relative to questions of Work Directive Changes, Change Orders or changed
conditions, list of job site visitors, daily activities, decisions, observations in general, and specific
observations in more detail as in the case of observing test procedures; and send copies to
ENGINEER.
13
11.2.8.3. Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and
major suppliers of materials and equipment.
11.2.9. Reports:
11.2.9.1.Fumish ENGINEER periodic reports as required of progress of the Work and of
CONTRACTOR's compliance with the progress schedule and schedule of Shop Drawing and sample
submittals.
11.2.9.2. Consult with ENGINEER in advance of scheduled major tests, inspections or start of important
phases of the Work.
11.2.9.3.Draft proposed Change Orders and Work Directive Changes, obtaining backup material from
CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes, and Field
Orders.
11.2.9.4. Report immediately to ENGINEER and OWNER upon the occurrence of any accident.
11.2.10. Payment Requests: Review applications for payment with CONTRACTOR for compliance with the
established procedure for their submission and forward with recommendations to ENGINEER, noting particularly
the relationship of the payment requested to the schedule of values, Work completed and materials and equipment
delivered at the site but not incorporated in the Work.
11.2.11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates,
maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are
applicable to the items actually installed and in accordance with the Contract Documents, and have this material
delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work.
11.2.12. Completion:
11.2.12.1. Submit to CONTRACTOR, and ENGINEER a list of observed items requiring
completion or correction before ENGINEER may issue a Certificate of Substantial Completion.
11.2.12.2 Assess completion or correction of items noted under 11.2.12.1, advise ENGINEER on their
status, and make recommendation to Engineer regarding issuance of a Certificate of Substantial
completion.
11.2.12.3. Conduct final inspection in the company of ENGINEER, OWNER, and
CONTRACTOR and prepare a final list of items to be completed or corrected.
11.2.12.4. Observe that all items on final list have been completed or corrected and make
recommendations to ENGINEER concerning final acceptance.
11.3. LIMITATIONS OF AUTHORITY
Resident Project Representative:
11.3.1. Shall not authorize any deviation from the Contract Documents or substitution of materials or
equipments, unless authorized by ENGINEER.
11.3.2. Shall not exceed limitations of ENGINEER's authority as set forth in the Agreement or the Contract
Documents.
11.3.3. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or CONTRACTOR's
superintendent.
14
11.3.4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods,
techniques, sequences or procedures of construction unless such advice or directions are specifically required by
the Contract Documents.
11.3.5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in
connection with the Work.
11.3.6. Shall not accept Shop Drawing or sample submittals from anyone other than CONTRACTOR.
11.3.7. Shall not authorize OWNER to occupy the Project in whole or in part.
11.3.8. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as
specifically authorized by ENGINEER.
15
Baxter Lane Improvements,
from Davis Lane to 19t1, Avenue
of Services, April 2016
EXHIBIT
BAXTER DAVIS INTERSECTION IMPROVEMENTS
Amendment #3 Scope of Services
• TASK 1 - OUT OF SCOPE DESIGN PHASE ITEMS (LUMP SUM)
• TASK 2 - BID TO AWARD PHASE (TIME & MATERIALS)
• TASK 3 - CONSTRUCTION PHASE (TIME & MATERIALS)
• TASK 4 - POST -CONSTRUCTION PHASE (TIME & MATERIALS)
• TASK 5 - EXPERT WITNESS (TIME & MATERIALS)
This contract amendment includes additional services to complete the Baxter Lane Improvements
Project. The scope of work for Amendment #3 includes services for out of scope design phase items,
advertising and bidding, construction administration and observation, post -construction, and expert
witness services.
Updated Project Description: The Baxter Lane Improvements Project is the widening and reconstruction
of Baxter Lane from west of Davis Lane to North 19th Avenue to meet City of Bozeman design standards
for urban minor arterials. The work on Baxter Lane includes widening the roadway, new corridor lighting,
new sidewalk, storm drain modifications, installation of new stormwater detention and retention basins,
culvert extensions at East and West Catron Creeks, utility relocations, water main extensions, and signal
upgrades at the Baxter and North 19th Avenue intersection. At the Baxter Lane and Davis Lane
intersection the work includes roadway widening, a new traffic signal, sidewalk, culvert extension along
the Section Line Ditch, and other improvements.
TASK 1 - OUT OF SCOPE DESIGN PHASE ITEMS
Management
This activity includes preparation of the scope of services, cost estimate, and contracting documents.
Also included in this activity are general management tasks throughout the duration of the design phase
including invoicing.
Right Turn Lane Conceptual Design
This work is conceptual design and analysis for a right turn lane on the west leg of Baxter Lane at the
North 19th Avenue intersection. Work items include determining roadway and right of way impacts,
hydraulic analysis of the Home Depot pond impacts and replacement area, East Catron Creek culvert
extension and replacement analysis and impacts, alternatives for the sidewalk along the south side of
Baxter Lane, turning templates at the Baxter/North 19th intersection, and signal relocation options at the
southwest quadrant. After the analysis, the City of Bozeman determined the Baxter Lane right turn lane
would not be part of this project.
MDEQ Report
This work is preparing the submittal to obtain MDEQ approval for the water main extensions and
connections. Work items include coordination with the City of Bozeman and MDEQ for water system data
Robert Peccia and Associates Page 1 of 9 Exhibit C
Baxter Lane Improvements,
from Davis Lane to 19t1' Avenue Scope of Services, April 2016
and certification letters, preparing the design report, preparing an exhibit of the overall project showing
existing and proposed water mains as requested by DEQ, developing a pipe restraint length table, and
submitting three (3) sets and Contract Documents to MDEQ.
Electrical — Service Assembly
This work is incorporating the City of Bozeman's new LED Lighting Standards regarding service
assemblies. Work includes checking the compatibility of the new service assembly requirements with the
designed system, and revising the drawings for the wiring diagrams and service assembly detail. Other
work includes revising drawings and calculations for the new meter housing requirements, contactor
sizes, circuit breaker wiring, and grounding requirements.
Electrical — Pull Boxes
This work is incorporating the City of Bozeman's new LED Lighting Standards regarding the size/type and
locations of pull boxes. This work includes adding pull boxes at every luminaire, and providing pull boxes
at all street crossings. Other work includes revising the details, wiring diagrams, plan sheet callouts, bid
items, and quantities.
Wall Detail
This work includes designing and revising the plans for a new concrete retaining wall located at 75+30 left
to avoid impacts to existing right of way and fencing on a parcel that was not part of the acquisition
process. The existing sidewalk elevation is higher than City of Bozeman standards and the existing fence
adjacent to the new sidewalk connection area slopes away steeper than allowable ADA grades.
Portland Cement Concrete Pavement Details
This work includes adding details to replace the existing 9" thick P.C.C.P. at the two Post Office
driveways. Drawing revisions include a joint layout plan, joint details, and monolithically poured curb and
gutter. One driveway is shifted and reconstructed to avoid a Northwestern Energy transmission pole.
MDEQ Sage Grouse Coordination
This work is coordinating and obtaining an environmental compliance letter for Sage Grouse impacts, as
requested by MDEQ.
Fish Passage Analysis for SPA124 Permit
This work is requested by Fish, Wildlife, and Parks as part of the SPA 124 permit approval process. The
work includes hydraulic analysis of the East Catron culvert and extension to determine fish speeds at
three storm events, and developing a memorandum summarizing the fish passage analysis and results.
HY8 was used for the hydraulic analysis.
Stake Right of Way
This work includes staking the new right of way limits along Baxter and Davis Lanes to assist utility
companies in relocating the private utilities.
TASK 2 - BID TO AWARD PHASE
Task Description: This task order is for completing the bid to award phase. This includes preparing the
Contract Documents for bidding, advertising the project, bidding the project, awarding the project to the
lowest responsible bidder, and completing the executed contract documents.
Robert Peccia and Associates Page 2 of 9 Exhibit C
Baxter Lane Improvements,
from Davis Lane to 191h Avenue Scope of Services, April 2016
Preparing Contract Documents
The Consultant will print and produce twenty (20) complete paper sets and a complete .PDF set of the
Drawings and Contract Documents. The .PDF set will be posted on RPA's website for viewing by
potential bidders. The City will receive five (5) paper sets of the Contract Documents. The Consultant will
receive three (3) paper sets of the Contract Documents. Four (4) paper sets will be retained to give to the
successful low bidder. The remaining paper sets will be available for potential bidders to purchase, if they
do not wish to print their own sets from RPA's website.
Advertise for Bids
The Consultant will coordinate the advertisement for bids in the Bozeman Chronicle for three (3)
consecutive weekly advertisements. The advertisement will run on the same day once a week, for three
consecutive weeks.
Invitations to Bid
In addition to the Advertisements for Bid, the Consultant will send out personal Invitations to Bid to a list
of Contractors who may be interested in bidding on the project. The Consultant maintains a current listing
of Contractors who perform certain types of work within the State.
A copy of the Invitation to Bid list will be provided to the City so they can review the list of Contractors
who have been personally invited to bid on their project. The Consultant will also ask the City if there are
any other Contractors to whom an Invitation to Bid should be sent.
Pre -Bid Conference
The Consultant shall schedule and conduct a Pre -Bid Conference for the project. The location and time
for the Pre -Bid Conference will be clearly stated in the Invitation for Bids and/or Information for Bidders
sections of the Contract Documents. The intent of this conference is to make the Contractors fully aware
of the project requirements.
The Consultant is responsible for conducting the meeting and taking meeting notes and answering any
technical questions. A Pre -Bid Conference Sign -In Sheet shall be circulated amongst the attendees for a
record of those persons present.
The Consultant will send the City a copy of the Pre -Bid Conference Sign -In Sheet, the Pre -Bid
Conference Agenda, and the conference meeting notes.
Planholder's List
The Consultant will distribute the Contract Documents to those Contractors who request them and ensure
the Contractors supplied the proper deposit. Each Contract Document shall be numbered sequentially in
the order in which they are transmitted. The Consultant will maintain a Planholder's List which identifies
all Contractors which have received the Contract Documents. This record shall include writing down the
Contractor's name and address, bid proposal number, and deposit received.
Issuing Addenda
On some projects it becomes necessary to send out a written addenda to the plans and/or specifications.
The addenda serves to make clarifications or changes in the Contract Documents prior to the bid
opening. All written addenda issued will become part of the Contract Documents and all bidders shall be
bound by such addenda, therefore a copy of the addenda shall be sent to everyone on the Planholder's
List.
Robert Peccia and Associates Page 3 of 9 Exhibit C
Baxter Lane Improvements,
from Davis Lane to 1911, Avenue
Scope of Services, April 2016
Bid Opening
The Consultant shall attend the Bid Opening. The Consultant will also read aloud the bids if requested by
the City.
Unless otherwise directed by the City, the only bid information that will be read aloud at the bid opening
will be the Contractor's name and address, Contractor's registration number, confirmation of Addenda (if
any), confirmation of a Bid Bond and the Contractor's base bid, and additive alternate bids if applicable.
A Summary of Bids form shall be distributed to all persons at the Bid Opening. The Consultant shall
inform all persons attending the Bid Opening about the information that will be read aloud. Bids which are
received after the scheduled Bid Opening time shall not be opened and shall be returned to the
Contractor unopened. The Consultant shall ask the City to determine when the scheduled time for
receiving proposals has closed.
The Consultant will review all bids received for bid irregularities. Items to be reviewed include the Bid
Bond, math errors in the bid, acknowledgment of receipt of any and all addenda, Contractor's registration
number and proper completion of all bid document forms. If irregularities are discovered in the low
bidder's package, the Consultant shall bring it to the attention of the City and encourage them to consult
the City attorney.
Bid Tabulations
The Consultant shall return from the Bid Opening with all the Contractor's Official Bid Proposals so the
Consultant can prepare the bid tabulations. The Consultant is responsible for transferring the unit bid
prices and total bid prices shown in the Contractor's bid onto a Bid Tabulation Sheet. Any math errors in
the Contractor's bid will be noted on the bid tabulations and the correct figure shown.
Award Recommendation
After the Bid Tabulations have been prepared and approved, the Consultant shall write a
Recommendation of Award e-mail to the Client. A copy of the Bid Tabulations shall be attached to this e-
mail.
The Recommendation of Award shall be based on the lowest responsive bid, the absence of any bid
irregularities (or in accordance with an Attorney's opinion in the case of bid irregularities), and the ability
of the Contractor to perform the work. If the Contractor's qualifications are not known, a Pre -Award
Conference may be required prior to the Recommendation of Award.
The intent of a Pre -Award Conference is to determine if the Contractor is qualified to properly complete
the work within the allotted construction time. The following topics will be considered in particular:
1. The Contractor's organization and equipment available for the project.
2. The Contractor's proposed construction schedule.
3. The Contractor's past performance on similar projects.
4. The Contractor's proposed wage rates for use on the project.
5. The Contractor's understanding of the plans and specifications.
If after the Pre -Award Conference it appears the Contractor is qualified to complete the project, the
Consultant shall recommend award to the Contractor. If the Contractor does not appear to be qualified,
the Consultant shall recommend to the City the Contractor's bid be disqualified and the next lowest bidder
Robert Peccia and Associates Page 4 of 9 Exhibit C
Baxter Lane Improvements,
from Davis Lane to 9911, Avenue Scope of Services, April 2096
be considered - or that all bids be rejected and the project be re -bid, whichever the City Attorney believes
to be appropriate. The Consultant does not have the authority to make these decisions for the City.
Notice of Award and Executed Contract Documents
Once a Contractor has been approved by the City, the Consultant shall complete and transmit three
copies of a Notice of Award to the City for their signature. The City shall be asked to sign the Notices and
return to the Consultant for them to transmit all of them to the Contractor for their signature.
After the Contractor signs the Notice of Award, the Consultant shall transmit three copies of the
Agreement Between City and Contractor to the Contractor. The Contractor should be asked to sign all
three copies and return them to our office, along with the required Performance and Payment Bonds,
Certificates of Insurance, and Power of Attorney. This set of documents constitutes the Contract
Documents.
Upon receipt of the Contract Documents from the Contractor, the Consultant shall review the Agreement,
Performance Bond, Payment Bond, Certificates of Insurance, Power of Attorney, and Workers'
Compensation Certificate for conformance with the project requirements.
The Consultant will bind all of the Contract Documents together, along with copies of the Bid Proposal,
Bid Bond and Bid Tabulations, and send to the City for review and signatures. Once executed, this
bound book will be the Executed Contract Documents.
TASK 3 - CONSTRUCTION PHASE
Task Description: This task order is for providing construction management and administration during
the construction of the project.
Project Newsletter
The Consultant will prepare and distribute a project information newsletters to all property owners along
the Project. The newsletter will focus on what to expect during construction. This mailing will be sent to
all residents along Baxter and Davis Lane near the project limits.
Public Meeting
The Consultant will attend a public meeting with the Public Works Department to discuss what to expect
during construction with the residents/citizens. The Consultant will prepare a presentation for the
meeting.
Preconstruction Conference
The Consultant shall schedule a Preconstruction Conference (Pre -Con) with the City, Contractor,
subcontractors, and any other applicable representatives and governmental agencies. The Consultant
will provide the Contractor with four (4) sets of the Contract Documents for use in constructing the project.
The Consultant is responsible for conducting the Pre -Con and recording accurate minutes of the items
discussed. The Consultant shall prepare a Preconstruction Conference Agenda which lists the topics of
discussion applicable to the project.
The main purpose of the Preconstruction Conference is to introduce and designate responsible
personnel, establish the Contractor's proposed construction schedule, clarify the submittal and pay
Robert Peccia and Associates Page 5 of 9 Exhibit C
Baxter Lane Improvements,
from Davis Lane to 191h Avenue Scope of Services, April 2016
request process, and discuss the major project requirements. The Preconstruction Meeting Checklist will
be completed, and included with the letter of approval from the City of Bozeman and MDEQ.
Minutes of Pre -Con
The Consultant shall prepare and send minutes of the Preconstruction Conference to all conference
participants that request them. In addition, the Consultant shall transmit a copy of the Preconstruction
Conference Agenda and the Persons Attending form to all that request them.
Submittal Review Process
The Consultant is responsible for ensuring the submittals received from the Contractor are reviewed and
returned within the allowed time frame. A Submittal Log shall be maintained and kept current during the
course of the Submittal Review process. This Submittal Log will provide a permanent record of when
submittals were received, when submittals were returned, and what actions are required of the
Contractor.
Each individual submittal received from the Contractor shall be reviewed and recorded on a Submittal
Review Form. This form will be returned to the Contractor with the appropriate number of reviewed
submittals attached. If additional comments are required for a particular submittal they should be written
down on the Submittal Review Form.
Construction Administration and Observation (120 Calendar Days)
The Consultant will assign a Resident Project Representative (RPR) to act as the construction observer
and project administrator for the project. Duties include field checks of materials and equipment,
documentation, overseeing required testing, reporting deficient work, verifying all testing, maintaining all
files and log books, and conducting inspections.
This Representative will be on-site eight (8) hours per day during construction activities and will observe
the Contractor's performance in comparison to plans and specifications. The RPR will be budgeted to be
on-site 40 hours/week and will have an additional five to ten hours/week of office time. Additionally, other
members of the Consultant's team will periodically be needed to assist during construction either in the
office or on-site.
The construction is not anticipated to exceed 120 calendar days. RPR time is anticipated not to exceed
100 field days and 20 office days. Should the Contractor decide to do work requiring observation on
weekends or beyond the scheduled project completion date, the Contractor could be assessed for
reimbursed engineering fees to compensate for the additional time. Additionally, if the scope of work
changes significantly enough to warrant an extension of time for the Contractor, the Consultant will be
compensated for additional time and expenses as well.
No quality control testing of material is included in this agreement. Such independent testing laboratory
work will be required to be contracted through the selected Contractor with the laboratory test results
being submitted simultaneously to the Contractor and Consultant for review.
Partial Pay Requests
Partial Pay Requests are processed periodically throughout the course of the construction project. Normal
projects allow the Contractor to request partial payments every 30 -days. The Consultant is responsible
for certifying each pay request.
Robert Peccia and Associates Page 6 of 9 Exhibit C
Baxter Lane Improvements,
from Davis Lane to 791h Avenue Scope of Services, April 2096
Unless otherwise provided for in the Project Specifications, it shall be the Consultant's policy to withhold
the full 5% retainage allowed by State law on each of the Contractor's Pay Requests until the Final Pay
Request.
Change Orders
During the course of construction it may become necessary to add, modify, or delete work items and/or
contract time. These changes are normally initiated by the City or Consultant, or requested by the
Contractor. Any changes in the original Contract Documents shall be handled through the issuance of a
Change Order.
In the event a Change Order is required, the Consultant shall process the Change Order. The Consultant
shall notify the City of the potential Change Order prior to negotiating the change with the Contractor so
as to obtain the City's approval of the need for the change.
The Consultant will negotiate with the Contractor to derive a reasonable change in cost for the work
changes requested. A detailed cost breakdown must be provided by the Contractor so we may review it
for reasonableness.
The Consultant is responsible for executing the Change Order and providing it to the Contractor for their
acceptance signature. The Consultant shall transmit all three signed copies to the City for their review,
approval and signature.
The Consultant shall transmit a signed copy of the Change Order to the Contractor which will serve as
their notice to proceed with the changes.
Contractor's Certificate of Completion
When it is the Contractor's opinion that the project is substantially completed, the Consultant shall have
the Contractor complete the Contractor's Certificate of Completion.
Proiect Punchlist
After the Contractor has submitted the Contractor's Certificate of Completion, it shall be the Consultant's
responsibility to perform a thorough review of the project and prepare and issue the Contractor a Project
Punchlist, The Punchlist should detail the remaining work items and site cleanup the Contractor has to
complete prior to the Final Project Inspection. The Punchlist should be signed by the Consultant and
copies should be given to the Contractor and the City. The Contractor's satisfactory completion of the
Punchlist items does not constitute final acceptance of the project, it merely means that the Contractor is
ready for Final Inspection with the City.
Final Proiect Inspection
Representatives of the City, the Contractor, and the Consultant shall visit the project site for a Final
Project Inspection. A thorough walk-through inspection shall be conducted to provide the City the
opportunity to comment on the quality of the finished project, to point out work items or cleanup which
require additional work, or accept the project as complete.
If the City requires the Contractor to perform additional work, the Consultant shall document the work
items in a Final Project Punchlist. Copies of this Final Project Punchlist shall be transmitted to the
Contractor, the City, and the Consultant.
Robert Peccia and Associates Page 7 of 9 Exhibit C
Baxter Lane Improvements,
from Davis Lane to 191h Avenue Scope of Services, April 2016
If the City determines that the project is substantially complete, then the Consultant shall prepare and
obtain the necessary signatures on the Certificate of Substantial Completion. The date of "substantial
completions" triggers the end of contract time and the start of the warranty period.
TASK 4 - POST -CONSTRUCTION PHASE
Task Description: This task order is for providing construction management and administration after the
Contractor has completed the construction of the project and substantial completion has been granted.
Final Quantities
The Consultant shall update all quantities and provide a Final vs. Plan Quantity spreadsheet for the entire
project. The Consultant will measure or compute all final quantities for the project.
Final Change Order
A Final Change Order will be prepared that will reflect the Final Quantities and revise the total project
contract amount to equal the work completed.
The Consultant is responsible for preparing the Final Change Order and providing it to the Contractor for
their acceptance signature. The Consultant shall transmit all three signed copies to the City for their
review, approval and signature.
The Consultant shall transmit a signed copy of the Final Change Order to the Contractor.
Final Punchlist Review
The Consultant shall make an inspection, when notified by the Contractor, that they have completed all
items on the Final Punchlist.
Contractor's Final Pay Request
The Contractor is responsible for submitting a Final Pay Request to the Consultant for processing. This
Final Pay Request shall be processed identically to the partial pay requests; with the exception that all
previous retainages withheld shall be released.
Prior to processing the Final Pay Request the Consultant shall require the Contractor to submit an
Affidavit on Behalf of Contractor form and Consent of Surety Company to Final Payment form. These
form are the Contractor's guarantee that all bills for materials, supplies & labor have been paid in full and
that no additional claims will be made against the City as a result of the Contractor's actions and that the
final payment shall not relieve the Surety Company of any of its obligations.
Record Drawings
The Consultant is responsible for producing the Record Drawings at the conclusion of the Project. The
Consultant, Contractor and City shall maintain a set of record construction plans during the course of
construction, noting all design changes, underground utilities, and etc. All sets of drawings shall be
presented to the Consultant in a neat and understandable condition for final revisions. The Consultant
shall carefully review the changes made for accuracy and completeness.
Robert Peccia and Associates Page 8 of 9 Exhibit C
Baxter Lane Improvements,
from Davis Lane to 1911' Avenue
Certification Letter
Scope of Services, April 2016
The Consultant will prepare a Certification Letter for submittal to the MDEQ. This letter will provide
documentation that all water and sewer mains that were installed as part of the project were installed
according to the approved plans and were tested in accordance with the approved specifications. The
Consultant will submit this letter to MDEQ along with the Record Drawings.
Submit Copies of Submittals to City
The Consultant will submit one (1) set of all submittals received to the City for their records.
Submit Certification Letter and Record Drawings to City & MDEQ
The Consultant shall review the record drawings prior to submitting copies to the City and MDEQ. The
Consultant will submit three (3) sets of record drawings to the City along with a .PDF set and AutoCAD
files for the project. The Consultant will submit two (2) sets of record drawings to MDEQ along with the
Certification Letter.
Miscellaneous Landowner Correspondence
The Consultant shall act as a liaison between the City and Landowners after construction has been
completed. The Consultant will receive phone calls and visit the project site to help understand and
address any issues that landowner's may have after construction.
Warranty Inspection
The Consultant will schedule and attend a Warranty Inspection. The primary objective of the inspection is
to test all the facilities and materials for proper functioning prior to the expiration of the Contractor's
warranty on parts and labor.
TASK 5 - EXPERT WITNESS
Task Description: This task order is for assisting the City during the condemnation hearing for Parcel #2
by presenting results from the project Traffic Impact Study.
Expert Witness
The Consultant shall coordinate with the City of Bozeman and attorneys at one meeting in Bozeman,
prepare for the hearing, and provide an assumed two days of assistance at the condemnation hearing.
However, due to many unknowns regarding the hearing and this specific condemnation case, the
Consultant cannot accurately estimate hours for this task and the task will be covered under a Time and
Materials contract.
Robert Peccia and Associates Page 9 of 9 Exhibit C
ROBERT PECCIA & ASSOCIATES
Baxter Lane, from Davis to North 19th
CIVIL ENGINEERING SERVICES CONTRACT
Management- Proposal, Contract, Scope of Work, Review, Invoice 1
Bozeman, MT
SCHEDULE OF ESTIMATED COSTS
1 6
Right Tum Lane at 19th Ave. Conceptual Design & Impacts - signal
AMENDMENT NO.3
Attachment D•1
DESIGN PHASE OUT OF SCOPE - LUMP SUM
RPA Project No. 14509.000
area
16
Date: April 2016
48
MDEQ Report, Submittal, Permit Coordination
-, Principal
Project Design
Staff' Surveyor' Sum or Environ. Accounting,- Total.
Work ItemtSubtask
- Manager Engineer
Engineer Assistant Planner Person
$61.06
$48.13 ) $91.33
$35.32' $49.37 $29.67 ;. $4421 $35.66'; Hours;
TASK is OUT OF SCOPE DESIGN PHASE ITEMS
Management- Proposal, Contract, Scope of Work, Review, Invoice 1
4
1 6
Right Tum Lane at 19th Ave. Conceptual Design & Impacts - signal
relocation, madwaywidening, storm pond analysis and design of relocation
area
16
16 16
48
MDEQ Report, Submittal, Permit Coordination
32
32
Electrical - verify with electrical engineers the Citys new Service Assembly
and Service Wiring diagram for compatabillty, with design elemenets, verify
200 amp vs. 120 amp meter housing, verify and revise 20 amp va. 30 amp
contactors and circuit breakerwiring, verify grounding (does NOT include time
for revising luminaires)
4
8 8
20
Electrical - add pull boxes at every luminaire to meet Chys new standard &
revise conduit quanthies(does NOT include time for revising luminaires)
8
8
Wall detail - add wall data# and design at 75+30 LT. an Baxter Lane for
sidewalk adjacent to fence and not able to 6e sidewalk within R/W by profile
adiustmenWgmding alone
2
8
10
P.C. C. P. details, jointing, and coordinates - for PCCP replacement and
approach realignment at the Post Office to avoid overhead transmission
power note
2
8
10
MDEQ Sage Grouse Coordination
6 6
HY8 and fish speed/passage analysis and memo to obtain 124 permit
6
6
Stake RNV from Davis Lane to 19th Ave., 2 surveyors from Helena, compile
and export points to data collectors, create exhibfts for surveyors
8 g
9 26
TOTAL PERSON -HOURS: 1 ' 28 S4 64 9 0 6
LABOR COST PER EMPLOYEE: $61.96, $1,291,64' $2,23L02:1 1$2,260,48.: $363,33 4261,63 $265,26. $s5k8.':. $15,770.77"
DIRECT EXPENSES Assumptions / Exclusions:
Subcontracted Services (None) Na
Equipment (Survey GPS$400/day) $400.00 -None
Equipment (Computers) $845.75
Per Diem - Day (2 surveyors from Helena for 1 day of staking) $102.00
Per Diem - Overnight We
Mileage- 1 trip from Helena for staking $106.20
Postage paid for MDEQ submittal $25.00
Printing (3 sets of stamped plans for MDEQ submittal) $150.00
Total:
SUMMARY OF ENGINEERING SERVICES
Direct Labor
Overhead (Current OH Rate X Direct Labor) (1.6855)
$1,628.95
$6,770.77
$11,412.13
Subtotal Labor Cost: $18,182.90
Direct Expenses $1,628.95
Subtotal Project Costs: $19,811.85
Profit (15% of Loaded Labor): $2,727.44
Total Engineering Fee (Rounded);. $22,500.00
H:\highways\14509 ODO_Baxter Davis intersection\ADMIN\PROPOSAL\CONSTRUCTION DAVIS 7019TH\FINALFee Estimate Construction Baxter from Davisto 19th.xisx
ROBERT PECCIA & ASSOCIATES Baxter Lane, from Davis to North 19th
CIVIL ENGINEERING SERVICES CONTRACT Bozeman, MT
SCHEDULE OF ESTIMATED COSTS
AMENDMENT NO.3 WAV Attachment D-2
BID TO AWARD PHASE - TIME & MATERIALS
RPA Project No. 14509.000
Date: April 2016
Work tternjSubtask -.
Price pat, Project
Manager
$61,05 $1633
Person Hours
L'otrstruduon':
Toch.':
$38.06
CAOD
Tach.
$2630
Clerical,
$2532
Totat
Person:
Hours;
TASK 2: BID TO AWARD PHASE
r✓a
Equipment (Survey GPS $400/day)
n/a
- None
Preparing Contract Documents
5
$197.25
8
12
25
Advertise for Bids
2
Per Diem - Ovemight
n/a
2
Invitations to Bid
2
$17.70
Telephone, Postage and Fax
4
6
Pre -Bid Conference
4
4
Misc. Supplies (Binding PS$E)
8
Planholder's List
$734.95
2
2
Issuing Addenda
8
4
4
4
20
Bid Opening
4
4
Bid Tabulations
4
4
Award Recommendations
1 2
3
Notice of Award and Executed Contract Documents
1 8
4
4
17
TOTAL PERSON -HOURS
LABOR COST PER EMPLOYEE:
2 35 15 72 ':za a 1,
4122.10 $1,614,66 _ $400.00: $30SAO $655,12 , $3,18037 s
DIRECT EXPENSES
Assumptions / Exclusions:
Subcontracted Services
r✓a
Equipment (Survey GPS $400/day)
n/a
- None
Equipment (Computers)
$197.25
Equipment (Nuclear Densometer $650/month)
nta
Per Diem - Day
Fla
Per Diem - Ovemight
n/a
Mileage - 3 trips from Bozeman office
$17.70
Telephone, Postage and Fax
$10.00
Printing (10 sets of PSBE)
$500.00
Misc. Supplies (Binding PS$E)
$10.00
Total:
$734.95
SUMMARY OF ENGINEERING SERVICES
Direct Labor
Overhead (Current OH Rate X Direct Labor) (1.6855)
$3,180.77
$5,361.19
Subtotal Labor Cost: $8,541.98
Direct Expenses $734.95
Subtotal Project Costs: $9,278.91
Profit (15% of Loaded Labor): $1,281.29
Total Engineering Fee (Rounded): $10,600.06
H:\highways\14509_0D0_Baxter Davis Intersection\ADMIN\PROPOSAL\CONSTRUCTION DAVIS 7019TH\FINAL Fee Estimate Construction Baxter from Davis to 19th.xlsx
ROBERT PECCIA & ASSOCIATES 'V Baxter Lane, from Davis to North 19th
5
CIVIL ENGINEERING SERVICES CONTRACT
Bozeman, MT
_
$30535
$$,918:26 532,040.00.' - $6,720.84 '.$453,96 . $48,838:31"
SCHEDULE OF ESTIMATED COSTS
Assumptions /Exclusions;
Subcontracted Services (None)
AMENDMENT NO.3 WA
Attachment D-3
Equipment (Survey GPS $400/day)
n/a
CONSTRUCTION PHASE - TIME & MATERIALS
Construction Observation vrill be full time and includes 8 hours per
Equipment (Computers)
$1,734.75
RPA Project No. 14509.000
Equipment (Nuclear Densometer $650/month)
n1a
Contract is 120 calendar days, use 100 field days & 20 office days.
Date: April 2016
$816.00
Contract includes senior inspector from the Helena office for 16
Per Diem - Overnight
n/a
Person Hours
days (signal activation, lighting, RCPA).
Mileage- 120 trips from Bozeman office
principal
Project Constnlction:.
$anior
C1. act
Tptal`
. Work ItEmiSubtask - -
Manager Tech.
Comm,ruatton
$100.00
Paxson,
. _ .. .. $61.05
',$46.13 _ $30.00
.: $35.6$, .
$26.22
Hours;:
TASK 3: CONSTRUCTION PHASE
$500.00
under the Contractor's testing an surveying bid item.
Total:
Project Administration & Coordination
16
8
24
Project Newsletter
4
6
10
Public Meeting
4 4
8
Preconstmction Conference
4 4
8
Minutes of Pre -Con
2
2
Submittal Review Process
16 40
4
60
Construction Administration and Observation Office 4
64 160
29
257
Construction Administration and Observation - Field (Full Time)
64 800
160
1024
Partial Pay Requests
8 16
24
Change Orders
16 16
32
Contractors Certifixate of Completion
2 2
4
Project Punchlist
16
16
Final Project Inspection 1
4 8
13
TOTAL PERSON -HOURS:
5
202 1088 18$ . iS', 1482;,
LABOR COST PER EMPLOYEE;
_
$30535
$$,918:26 532,040.00.' - $6,720.84 '.$453,96 . $48,838:31"
DIRECT EXPENSES
Assumptions /Exclusions;
Subcontracted Services (None)
n/a
Equipment (Survey GPS $400/day)
n/a
Construction Observation vrill be full time and includes 8 hours per
Equipment (Computers)
$1,734.75
day on-site.
Equipment (Nuclear Densometer $650/month)
n1a
Contract is 120 calendar days, use 100 field days & 20 office days.
Per Diem - Day(16 Helena trips)
$816.00
Contract includes senior inspector from the Helena office for 16
Per Diem - Overnight
n/a
days (signal activation, lighting, RCPA).
Mileage- 120 trips from Bozeman office
$708.00
Mileage- 16 trips from Helena office
$1,699.20
Telephone, Postage and Fax
$100.00
Printing
$100.00
Nuclear densomoter not included, all subgrade and asphalt testing
Misc. Supplies
$500.00
under the Contractor's testing an surveying bid item.
Total:
$5,657.95
SUMMARY OF ENGINEERING SERVICES
Direct Labor $48,838.31
Overhead (Current OH Rate X Direct Labor) (1.6655) $82,316.97
Subtotal Labor Cost:
Direct Expenses
$131,155.28
$5,657.95
Subtotal Project Costs: $136,81323
Profit (15% of Loaded Labor): $19,673.29
H:\highway,\345 Barter Davia Intersection\ADMIN\PROPOSAL\CONSTRUCTION DAVIS TO 19TH\FINAL Fee Estimate Construction Ranterfrom Davisto 19th.xhx
ROBERT PECCIA & ASSOCIATES Baxter Lane, from Davis to North 19th
CIVIL ENGINEERING SERVICES CONTRACT Bozeman, MT
SCHEDULE OF ESTIMATED COSTS
AMENDMENT NO.3 Attachment D-4
WA
POST -CONSTRUCTION PHASE - TIME & MATERIALS
RPA Project No. 14509.000
Date: April 2016
VYorkiteBUSubtask
PrinofPat I 1 11 Project
Manager
;61AS $16.13
Person Hours
Construction
Tech.
$30.00;
CAD6' Clerical
Tech.
$26.10, $2522
Tpleli
Person'
_ Hours::
TASK 4: POST -CONSTRUCTION PHASE
Profit (15% of Loaded Labor):
$1,295.05
Final Quantities
1
8
9
Final Change Order
4
4
8
Final Punchlist Review
4
4
Contractors Final Pay Request
2
4
6
Record Drawings
2
16
40
58
Certification Letter
2
2
Submit Certification Letter & Record Drawings to City/MDEQ
2
2
4
Miscellaneous Landowner Correspondence
2
2
4
Warranty Inspection
4
4
8
TOTAL PERSON -HOURS: 19 42 40 ' 2 103;
LABOR COST PER EMPLOYEE: _ S876Ai $1,260,110_; $1,028,00 $60,44, $3214.91
DIRECT EXPENSES Assumptions I Exclusions:
Subcontracted Services n/a
Equipment (Survey GPS $400/day) n/a - None
Equipment (Computers) $302.75
Equipment (Nuclear Densometer $650/month) Na
Per Diem - Day rda
Per Diem - Overnight Na
Mileage- 2 trips from Bozeman office $11.80
Telephone, Postage and Fax $10.00
Printing (record drawings & mise.) $100.00
Misc. Supplies n/a
Total: $424.55
SUMMARY OF ENGINEERING SERVICES
Direct Labor
Overhead (Current OH Rate X Direct Labor) (1.6855)
$3,214.91
$5,418.73
Subtotal Labor Cost:
$8,633.64
Direct Expenses
$424.55
Subtotal Project Costs:
$9,058.19
Profit (15% of Loaded Labor):
$1,295.05
Total Engineering Fee (Rounded): $10,400.00
H:\highways\14509_ Barter DaNs i ntersection\ADMIN\PROPOSAL\CONSTRUCTION DAVIS 7019TH\FINAL Fee Estimate[onstm,tion Baxter from Davis to l9th.xlzx
ROBERT PECCIA & ASSOCIATES Baxter Lane, from Davis to North 19th
CIVIL ENGINEERING SERVICES CONTRACT Bozeman, MT
SCHEDULE OF ESTIMATED COSTS
AMENDMENT NO.3 WA* Attachment D-5
EXPERT WITNESS - TIME & MATERIALS
RPA Project No. 14509.000
Date: April 2016
TASK 5: EXPERT WITNESS
Expert Witness for Condemnation Proceedings - phone calls, 2 days
preparation, 1 trip to Bozeman, 1 hearing 2 2 32 36
TOTAL PERSON -HOURS:
$4,251.15
2 2 321 387
LABOR COST PER EMPLOYEE:
Subtotal Project Costs:
$12210'$92.28 31188.84 i 51,583.88
DIRECT EXPENSES
$637.67
Assumptions/ Exclusions:
Subcontracted Services
Na
Equipment (Survey GPS $400/day)
Na
- None
Equipment (Computers)
$81.00
Equipment (Nuclear Densometer $650/month)
n1a
Per Diem - Day
$102.00
Per Diem - Overnight
r9a
Mileage - 2 trips Bozeman to Helena
$212.40
Telephone, Postage and Fax
$10.00
Misc. Supplies
$10.00
Total:
$415.40
SUMMARY OF ENGINEERING SERVICES
Direct Labor $1,583.00
Overhead (Current OH Rate X Direct Labor) (1.6855) $2,668.15
Subtotal Labor Cost:
$4,251.15
Direct Expenses
$415.40
Subtotal Project Costs:
$4,666.55
Profit (15% of Loaded Labor):
$637.67
Total Engineering Fee (Rounded); $5;300,gi)
H:\highways\14S09_000_ Baxter Davis Intersection\ADMIN\PROPOSAL\CONSTRUCTION DAVIS TO 19TH\FINAL fee Estimate Construction Baxter from Davis to 19th.xlsx