HomeMy WebLinkAbout16- Amendment 6 to PSA - Morrison-Maierle, Inc. - North 7th Lighting Design and Construction AdministrationAMENDMENT NO. 6 TO
PROFESSIONAL SERVICES AGREEMENT
FOR
NORTH 7T" LIGHTING DESIGN AND CONSTRUCTION ADMINISTRATION
MMI. No. 0417.063
THIS IS AN AGREEMENT made as of N6Vf_wtbe e- -).t S� 2jpk b, between THE CITY OF
BOZEMAN, a Municipal Corporation, P.O. Box 1230, Bozeman, Montana, 59171-1230 (OWNER) and Morrison-
Maierle, Inc., P.O. Box 1113, Bozeman, Montana, 59771-1113 (ENGINEER).
WHEREAS the parties previously entered into a Professional Services Agreement dated July 11, 2011, herein
referred to as the Original Agreement, for professional engineering services for the North 71 Lighting Design and
Construction Administration project; and
WHEREAS, the scope of the Original Agreement included preliminary design, final design, bidding and
negotiating services, construction services and miscellaneous services; and
WHEREAS, the scope of Amendment No.1 to the Original Agreement included additional miscellaneous
services; and
WHEREAS, the scope of Amendment No.2 to the Original Agreement included a pre -design investigation
services phase; and
WHEREAS, the scope of AmendmentNo.3 to the Original Agreement included additional preliminary design,
final design, bidding and negotiating services, construction services and miscellaneous services; and
WHEREAS, the scope of Amendment NoA to the Original Agreement included additional pre -design
investigation services; and
WHEREAS, the scope of Amendment No.5 to the Original Agreement included additional preliminary design,
final design, bidding and negotiating services, construction services and miscellaneous services for the project.; and
WHEREAS, the parties desire to amend provisions of the Original Agreement to transfer budget from
construction engineering services to preliminary and final design level engineering services. This will transfer budget
previously allocated for construction services between West Villard Street and West Main Street to preliminary and final
design services between Durston Road and West Villard Street. This amendment does not change the total contract amount.
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-6 — SCOPE OF SERVICES FOR NORTH 7TH
LIGHTING DESIGN AND CONSTRUCTION ADMINISTRATION and EXHIBIT D-6 — ENGINEERING FEE
ESTIMATE are hereby incorporated in and made part of this agreement. The Scope of Services and Engineering Fees
are increased per these exhibits.
ARTICLE 1 - ENGINEERING SERVICES
1
Article 1.1 of the original agreement is modified to include the following:
LL The detailed description of the specific project components is described as follows:
Perform preliminary and final design level engineering services for improvements to North 7'h Avenue, between West
Durston Road and West Main Street.
Perform miscellaneous services as requested by the City of Bozeman for improvements to North 7'h Avenue, between
Durston Road and West Main Street.
Perform Street Tree / Stormwater Analysis, Design and Landscape Architectural Services.
ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE
Article 6.1 of the original agreement is modified as follows:
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
sections 4.1 through 4.3 of this agreement pay a total sum in the amount of $265,416.59 for such services.
6.1.2 Payment Schedule. Total cumulative payments for the design phase engineering services (sections 4.1
through 4.3) shall not exceed the following ceilings:
$41,880.56 (--16% of design fee) until the Pre -Design Investigation Phase report and exhibits have been submitted to
the OWNER.
$144.184.03 (-54% of design fee) until the Preliminary Plans and Specifications have been submitted to the
OWNER and review authorities.
$79352.00 (--30% 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 this
Agreement are reimbursable. All other design related expenses are included in the Lump Sum Payment for the Basic
services (4.1 through 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.
Article 6.2 of the original agreement is modified as follows:
Construction and project documentation services performed as Basic Engineering Services under sections 4.4 through 4.7
including General Administration of Construction Contract, Resident Project Representation, Project Documentation, and
Construction 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 $ 92,819.00 except as provided under 6.2.1.2 and 6.2.4.
2
6.2. 1.1 Costs Compensation. Compensation for these services shall be based on the ENGINEER's Direct
Labor Cost times a factor of 3.15 for services rendered which shall cover Direct Labor, Direct Labor
Overhead, General & Administrative Overhead and Profit.
6.2.1.2 Notification. At anytime 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 2.74 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 ofthe costs incurred up to
an amount not to exceed $ 7,360.00 which includes $ 0.00 for consultants employed by the Engineer and $
7,360.00 for all other reimbursable expenses. The estimated reimbursable expenses are identified in Exhibit "_"
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 3.15, or an amount
otherwise negotiated at the time such services are requested and approved by the OWNER.
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.
3
In witness whereof, the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN, MONTANA
BY: A��
(City Manager)
DATE ( I — 2,1-16
ATTEST:
0� ��
BY: r
(City Clerk)
a 'U. 1.
MORRISON-MAIERLE, INC.
BY;
(Vice -President)
DATE: I'll /t/6r oda
N:\0417\063\Contracts-Client\Contract Amend #6 -Main to Durston Design\PSA Amendment #6.doc
4
MLI Morrison
mom Maierle
engineers - surveyors planners - scientists
Exhibit C-6 - Scope of Services for N. 71h Lighting Design and Construction Administration
Durston Road to West Main Street
October 26, 2016
The phases and tasks as noted in Contract Amendment #5 are to be modified in accordance with
the schedule below.
The Preliminary Design Phase including tasks 101-113 have been modified to include
Durston Road to West Villard Street.
The Final Design Phase including tasks 201-204 have been modified to include Durston
Road to West Villard Street.
The Bidding and Negotiating Phase including tasks 301 through 305 have been
eliminated from West Villard Street to West Main Street.
The Construction Phase including tasks 401 through 406 have been eliminated from West
Villard Street to West Main Street.
The Project Documentation Phase including tasks 501 through 502 have been eliminated
from West Villard Street to West Main Street.
The Construction Testing Phase including tasks 601 through 602 have been eliminated
from West Villard Street to West Main Street.
The Miscellaneous Services Phase including task 701 has been modified to include
Durston Road to West Villard Street.
The Street Tree / Stormwater Analysis, Design and Construction Phase including tasks
801-803 have been modified to include Durston Road to West Villard Street. This phase
also includes landscape architectural services including architectural renderings
throughout the corridor as requested. Task 803, construction services, has been
eliminated from West Villard Street to West Main Street.
Exhibit D-5 - Engineering Fee Estimate FJ Morrison
City of Bozeman, PTr - North 7th Lighting Design and Construction Administration Maierle
Durston Rd. to Main St. - m p•
Prepared For: David Fine, City of Bozeman Economic Development
Enaineerina Services
Task or Division
Staff
Assigned
Labor
Hours
Labor
Rate
Total
Labor Cost
100 - Preliminary Design Phase
Two Person Survey Crew
20.00
$167.0073400101.
Topographic Survey -Additional Survey (Spot
Senior En ineer I
4.00
132.000surveys
for improvements since last survey)
Land Suryor II
4.00
105.000En
ineed Technician 11
14.00
105.0000102.
Site Evaluation
Design E ineer I
0.00
110.00Senior
En ineer1
0.00
132.00103.
Desi n E ineer 1
14.00
110.0000Senior
LlghUn9 Layout
En ineer1
4.00
132.00
.00
Design Engineer 1
20.00
110.00
2 200.00
104. Lighting Calculations and Modeling
Senior Engineer I
4.00
$132.00
$528.00
105. R.O.W. Exhibits
n Engineer I
0.00
$110.00
$0.00
Senior Engineer I
0.00
$132,00
$0.00
106. SILD Exhibits/LegaVPadcet
Design Engineer I
4.00
$110.00
$440.00
Senior Engineer 1
7.00
$132.00
$924.00
107. Coordination - City, MDT, utilities, Suppliers
Design Engineer I
50.017
$110.00
$5,500.00
Senior Engineer I
40.00
132.00
$5,280.00
Design Engineer I
5.00
$110.00
$550.00
10B. Traffic Control Plan
Senior Engineer1
4.00
$132.00
$528.00
109. CMI Components (sidewalk, boulevard, grading,
ineer Intern
134.00
.00
$11,792.00
landscaping, signs, etc for 26 properties)
Engineering Technician II
Senior Engineer I
44.00
44.00
105.00
$132.00
$4,620.00
$5,08.00
Design Engineer I
18.00
110.D0
$1,980.00
110. Preliminary Plans and Specifications
Senior Engineer I
44.00
$132.00
$5,6[18.00
Design Engineer 1
5.00
$110.DD
$550.00
111. Preliminary Engineer's Estimate
Senior Engineer 1
10.00
$132.00
$1,320.00
112. NSURB Meetings 10
Senior Enalneer I
28.00
$132.00
0,696.00
113. Oualitv Assurance]Oualitv Control
Supervising Engineer ID
3.00
177.00
S531.00
200 - Final Design Phase
Engineer 1
86.00
I10.DO
9460.00
201. Final Plan Set Preparation
-Design
Senior En (neer I
62.00
132.00
8184.00
Desi n Engineer I
26.00
110.00
2660.00
202. Final Specifications /Bidding Docs
Senior Engineer I
40.00
132.00
5280.00
203. Final Review(Permitting Coordination
Senior Enoineer I
40.00
132.00
5280.00
204. uali Assuranceuall Control
S sl En ineer IB
8.00
177.00
1 416.00
300 - Bidding or Negotiating Phase
Administrative Specialist It
0.00
75.00
0.00
301. Prepare Advertisement, Bid bowmen[
Senior neer I
0.00
132.00
0.00
Reproduction, Bidders List, Process Deposits
Su sin En ineer If[
0.00
149.00
0.00
302. Conduct Pre -BI Conference and Respo to
Design Engineer I
0.00
110.00
0.00
Contractor Requests
Senior (neer I
0.00
$132.00
$0.00
Design Engineer 1
0.00
$110.00
$0.00
303. Prepare and Issue Addendum
Senior Engineer 1
0.00
$132.00
$0.00
3D4. Attend Bid Opening, Prepare/Evaluate Bid Tab,
Design Engineer I
$110.00
0.00
Award Recommendation
Senior Enciineer I
$132.00
$0.00
Senior ineer 1
0.00
132.00
0.00
305. Award Contract and Contract Documents
Su n4sina En neer tit
0.00
$177.00
0.00
400 -Construction Phase
401. Conduct Pre -Construction conference and
Design Engineer 1
0.00 1
$0.00
Notice to Proceed
Senior Engineer 1
0.00
$132.00
$0.00
402. Shop DrawingfUraffic control/Permit Review
D n Engineer 1
0.00
$110.DO
$0.00
and Approval
Senior Engineer I
0.00
$132.00
$0.00
403. Construction La Control
Two Person Survey Crew
0.00
$167.00
0.00
404. Resident Project Representative (1/4 Time, 2.5
Months
Engineer Intern
0.00
$88.00
$0.00
405. Construction Management - Coordination,
Design Engineer I
0.00
$110.DO
$0.00
Schedule Pro ress Pay ReQuests
Senior Enqineer 1
0.00
$132.00
$0.00
Design Engineer I 1
0.00
$110.00
$0.00
406. Final and TWo Year Warranty Inspection
Senior En ineer I 1
0.00
132.00
$0.00
500 - Protect Documentation
Design Engineer I
0.00
112 .00
0.00
501. Progress Reports (Monthly)
Senior Engineer)
0.00
$132.00
$0.00
Design Engineer I
0.00
110.00
0.00
502. Record Drawings and Project Notebook
SenorIneer I
0.00
132.00
0.00
Goo - Construction Testing
601. Concrete Strength, Air, Temp, Slump (Flatwork)
Engineer Intern
0.00
$88.00
$0.00
6(12. Su rade and Base Densities
Engineer Intern
0.00
8.00
0.00
700 - Miscel aneous Services
701. Miscellaneous Services -Additional ueshed
NOL W Exceed
Rate Schedule
30 000.00
D 000.00
:fflitieulsaia
800 -Street Tree/ Stormxrater Analysis, Design an Lan scapeA itecture
801. Pre -Design Analysis and Report
$7,500.00
7 500.00
802. Prellmina Anal Design
Not to Exceed
$20.550.00
20 550.00
803. Construction Services
r
Not to Exceed
90.00
0.00
r t
t t t
D
aTotalEx
ense
Technoland Cornmunkations
78670
6.011
4 716.00
Vehicle(ml)1172
.71
832.12
Soil Proctor
0
$360.OD
$0.00
concrete Strenoth Testi Set of 4
0
1
$0.00
Mylar Record Drawings
Set
$200.OD
$200.00
Miscellaneous ExDense 1.0%
150411.00
1.0%
;1504.11
Survey Equipment (day)
2.5
210.00
;525.00
Project Total - Engineering Services//////////////////, $158,188.23
t
N:\01IA063\ConbeusCnx\Contract P n d 06 -Main W Durston DesignNEAN D-6- Eng Fre Duston Ma -15 10/26MI6
b Morrison
ME
MEE Maierle
engineers , surveyors , planners . scientists
October 26, 2016
City of Bozeman, Economic Development
Attn: David Fine
121 N. Rouse
PO Box 1230
Bozeman, MT 59771-1230
2880 TECHNOLOGY BLVD. W • P.O. BOX 1113 • BOZEMAN, MT 59771
406.587.0721 • www.m-m.net
Re: Bozeman — N. 71h Light Design & Construction
Contract Amendment #6 -Signed
MMI#: 0417.063
Mr. Fine:
Please find two (2) signed originals of Amendment #6 to the PSA for the North 7th Lighting
Design and Construction Administration project. This amendment does not change the overall
contract amount, rather it shifts budget previously allocated for construction services to design
engineering services. Essentially the existing construction engineering budget for West Main
Street to West Villard Street is being transferred to the design engineering budget for West
Villard Street to Durston Road. This allows Morrison-Maierle to complete the design of a larger
stretch of roadway (Main to Durston) for submittal, review and approval by the City of Bozeman
and the Montana Department of Transportation.
This amendment also allows for landscape architectural services from West Villard to Durston
Road. Included in this effort will be a conceptual design graphic that illustrates the design intent
for the streetscape as well as a perspective (street view) rendering. These graphics will help
with visually communicating the design intent with the Midtown Board, City of Bozeman, MDT,
property owners along N 7th, the public and other stakeholders.
See below for a simplified breakdown of the budget shifts. The contract amendment contains a
more detailed breakdown.
Scope of Work
Previously
Contracted
Amendment #6
Contracted
Main St. to Villard St. Design Eng. Services
$75,351.03
$75,351.03
Main St. to Villard St. Construction Eng. Services
$52,837.00
$0.00
Villard Street to Durston Rd. Design Eng. Services
$0.00
$52,837.00
Villard St. to Durston Rd. Construction Eng. Services
$0.00
$0.00
We create solutions that build better communities.
AN EMPLOYEE -OWNED COMPANY - AN EQUAL OPPORTUNITY EMPLOYER — MINORITIES I FEMALES I DISABLED I VETERANS
Morrison
Maierle
engineers • surveyors • planners � scientists
The amendment and associated attachments are enclosed. As always, we appreciate the
opportunity to work with you and look forward to continued service in the future. Please contact
me at 922-6823 if you have any questions.
Sincerely,
Kevin Jacobsen, P.E., LEED AP
Senior Civil Engineer
Enclosure(s)
N:\0417\063\Contracts-Clienl\Contract Amend #6 -Main to Durston Design\Contract Amend #6 Letter.docx