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HomeMy WebLinkAbout17- Amendment 2 to PSA - Morrison-Maierle, Inc. - Water Conservation Design Services AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT FOR SUNSET HILLS CEMETERY AND LINDLEY PARK IRRIGATION PROJECT MMI.No. 0417.076 THIS IS AN AGREEMENT made as of Nk �0 , 2017, between THE CITY OF BOZEMAN, a Municipal Corporation, P.O. Box 1230, Bozeman, Montana, 59771-1230 (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 November 16, 2015, herein referred to as the Original Agreement, for professional engineering services for the Sunset Hills Cemetery and Lindley Park Irrigation Project, as amended with Amendment No. 1 dated November 7, 2016; and WHEREAS, the scope of the Original Agreement included services for the pre-design services and was amended to include design,construction,and grant support phase services for the Project; and WHEREAS, the parties desire to amend the Agreement to include landscape design services and additional architectural services for the Project. 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 E—ADDITIONAL SCOPE AND ENGINEERING FEE ESTIMATE are hereby incorporated in and made part of this Agreement. Article 1 -Engineering Services Section 1.4 is added to the Original Agreement as follows: 1.4 Services for design and construction engineering services as identified in Exhibit E. Article 6 - Compensation For Engineering Service Article 6.2,and 6.3 are amended as follows: 6.2 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER 6.2.1 Payment. The OWNER shall for design phase services performed as Basic Engineering Services under sections 4.2 through 4.3 of this agreement pay a total sum in the amount of $93,868 for such services. 6.2.2 Payment Schedule. Total cumulative payments for the design phase engineering services (sections 4.2 through 4.3)shall not exceed the following ceilings: 1 $ 46,934 (50%of design fee)until the Preliminary Plans and Specifications have been submitted to the OWNER and review authorities. $ 89,175 (95%of design fee) until the Final Plans and Specifications have been submitted to the OWNER and review authorities. 6.2.3 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. 6.2.4 Reimbursable Expenses. Only those expenses specifically identified for payment under section 6.3 of this Agreement are reimbursable. All other design related expenses are included in the Lump Sum Payment for the Basic services(4.2 through 4.3)and are not separately reimbursable. Additional Services specifically identified under the scope of design services for payment under 6.2 are not separately reimbursable. 6.3 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 4.7 including General Administration of Construction Contract,Resident Project Representation,Project Documentation,and Construction Testing,shall be compensated in accordance with the following: 6.3.1 The OWNER shall pay for Construction Phase and Project Documentation Services an amount not to exceed$58,978 except as provided under 6.3.1.2 and 6.3.4. 6.3.1.1 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. 6.3.1.2 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 6.3.1.3. 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 6.3.1.1. The amount and terms of any additional compensation under 6.3.1.1 or 6.3.1.3 shall be negotiated and agreed in writing pursuant to 9.16. 6.3.1.3 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 2.87 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. 6.3.2. 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$ 8,184 which includes$ 3,780 for consultants employed by the Engineer and$ 4,404 for all other reimbursable expenses. The estimated reimbursable expenses are identified in Exhibit" D ". 6.3.3. 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. 2 6.3.4 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. In witness whereof, the Parties hereto do make and execute this Agreement. CITY OF BOZEMAN, MONTANA MORRISON-MAIERLE, INC. BY: BY: � (City Manager) r (Vice-President) DATE: / DATE: ATTEST: B L7 l � (City Clerk) ?1J�`CO.�10 N:\0417\076\Contracts-Client\Amendment No 2\PSA Amendment ldoox 3 EXHIBIT E Sunset Hills Cemetery and Lindley Park Irrigation Project Additional Scope and Engineering Fee Estimate Additional Scope and Fee Expand architectural services to include full building plans and provide for additional compensation for conceptual architectural work. Fee $2,750 Add grasscrete access road, gate, and temporary irrigation specification for area around pump house. Fee $3,200 Provide for landscape architect support during construction phase services. Fee $1,000 Fee Summary Additional design fee $5,950. Additional construction administration fee $1,000.