HomeMy WebLinkAbout19- Amendment 4 to PSA - Robert Peccia and Associates - 5.3 Million Gallon Water Storage Reservoir Amendment No. 4 to Professional Services Agreement
for
5.3 Million Gallon Water Storage Reservoir
THIS AMENDMENT TO THE AGREEMENT is made as of this 14th day of January,
2019, between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana,
herein referred to as OWNER and Robert Peccia and Associates an Engineering Consulting
Firm of Helena, Montana, herein referred to as ENGINEER.
WHEREAS, the parties have entered into a Professional Services Agreement dated
January 5, 2015, 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 exhibits to this AMENDMENT FOUR to
the Original Agreement; EXHIBIT C (Engineering Fee Proposal for Construction Phase Services
Due to Contractor Contract Time Overrun), EXHIBIT D (Engineering Fee Proposal for Project
Closeout Services) and EXHIBIT E (Schedule of Reimbursable Expenses) are hereby
incorporated in and made part of this Agreement. EXHIBIT A (Engineer's Status During
Construction), and EXHIBIT B (Listing of the Duties, Responsibilities and Limitations of
Authority of the Resident Project Representative) which are attached to Amendment No. 2
remain in effect for this amendment. This Amendment 4 shall cover engineering expenses due
to the Contractor exceeding the Contract Time as defined in the Construction Contract
Documents for the 5.3 Million Gallon Water Storage Reservoir and engineering expenses to
closeout the project.
ARTICLE 1 -ENGINEERING SERVICES
1.1. The detailed description of the specific project components is described as follows:
The engineering project components are the engineering construction and project
closeout phases for the new 5.3-million-gallon water storage tank. Major work tasks for
the remaining construction phase services include review of contractor submittals,
preparation of progress reports, preparation of work orders and change orders, and
construction inspection. Major work tasks for the project closeout services include
preparation of as-built drawings, coordination with the funding agency (SRF), 2-year
warranty inspection and project closeout services. The Agreement and this amendment
does not include the preparation of an Operation and Maintenance Manual for the Storage
Tank.
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1.2. The scope of services under this contract are set forth in the Original Agreement,
Amendment Two to the Original Agreement and this Amendment Four to the Original
Agreement.
ARTICLE 4 - BASIC ENGINEERING SERVICES
4.5 CONSTRUCTION AND CLOSEOUT PHASE
The responsibilities of the ENGINEER during the Construction and Closeout Phase are
summarized in Amendment 2 and 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 Amendment
22. 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.
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 Amendment 2) and as outlined and discussed in
Amendment 2.
ARTICLE 6—COMPENSATION FOR ENGINEERING SERVICES
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.
6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES
OF ENGINEER.
Construction and project documentation services performed as Basic Engineering Services under
section 4.5 shall be compensated in accordance with the following:
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6.2.1 The OWNER shall pay for Construction Phase Services an amount not to exceed
$95,740.00 except as provided under 6.2.1.2 and 6.2.4. The OWNER shall pay for
Project Closeout Services an amount not to exceed $32 133.00. See attached Exhibits to
this Amendment Four: Exhibit C Engineering Fee Proposal for Construction Phase
Serviced Due to Contractor Contract Time Overrun, Exhibit D Engineering Fee Proposal
for Project Closeout Services for a summary of the construction and closeout phases
engineering services costs.
6.2.1.1 Costs Compensation. Compensation for these services shall be based on
the ENGINEER's Direct Labor Cost times a factor of 3.11 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
of the original agreement.
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
$16,231.70. The estimated reimbursable expenses are identified in the attached Exhibits
to this Amendment: Exhibits "C (Construction Phase), D (Project Closeout), and E
(Schedule of Reimbursable Expenses)".
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IN WITNESS WHEREOF,the parties hereto do make and execute this Agreement on the
day and year first above written.
CITY OF BOZE ' N
By: -7r
ATTEST: �` F BO2
Robin Crough -
City Clerk
•, 1883
'9TrN co• " o'•
< as a
APPR ED O FORM
By: ,
City Attorney
ENGINEER
ROBERT P IA AND ASSOCIATES
By:
�'reS ems, r
ATTEST:
By:
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EXHIBIT C
ESTIMATE OF CONSTRUCTION PHASE COSTS
s
AMENDMENT FOUR EXHIBIT C FEE PROPOSAL FOR CONSTRUCTION PHASE SERVICES DUE TO CONTRACTOR CONTRACT TIME OVERRUN
ROBERTPECCIA8ASSOCIATES y of,f3ozeman8,A GonetetewaterSlorageResrirvam"
CIVIL ENGINEERING SERVICES CONTRACT
SCHEDULE OF ESTIMATED COSTS
CONSTRUCTION PHASE ENGINEERING SERVICES City of Bozeman
FOR ENGINEERING SERVICES RESULTING FROM CONSTRUCTION
CONTRACTOR CONTRACT TIME OVERRUN
RPA Project No.14702.000
Date:January 7th,2019
Preilect Prolect 'Plolaet'; Stmict ys Survey Surveyor SurveyCrow' 'AecoUnint'; CADD CADD Admin. Total'
Work ttarNSubtask Mana0al' Engineer Inspector Inspector OT En0lnoer NLnnOar Chlo1, ', Manager Operator Peraon
._�,..,.. ,,. ,.,. _,._.<.,,. ..,. ... ,r. .......:.... ...... ..�;...,....3E1.63 s ...w_ „,;r3674,,,,.„ ..,,„S45 E8.._._......,;502.9,8�..., '. $4790. ...,..{E227.�:_,W544 E$.�, ,,;,_,59791_.,,.,b51A7.' ..,,,..63EA8... $09.18. ,.$29.24 a, $24.70 Hours..
TASK 3:CONSTRUCTION PHASE
Project Management 8.00 200 10.00
Construction Administration 8,00 56C0 64.00
Submrtel Reri- 400 24.00 28.00
Constmctbn Progrma Meetings 2400 24.00 48.00
Constructon Inspection(Includes,9nal impectlons,punch lets etc) 600 24.00 47000 40.00 400 546.00
Process Pay Appllcatiorm 16.00 1600
Prepare Charge Orders 200 S00 2000 30.00
TOTAL PERSON.OURS: 'y 0.8 M.0 "-`1E26 "; 47D0 400'„;" 4.0 00 00 00 .0 0.0 0,0 20.0 742.0.
LABOR COST PER EMPLOYEE: $16,40L20,,;' 51n71EA0,... $20909 ,;, ,3000
.,. ,$000, ;000„ 3TI.31 $0.00 , ,$0.00 $49544 $27,263.31
DIRECT EXPENSES Assumotlons I Exclusions:
EqupmoM(Compuem) $674.00 Pnnumac ft,ms Cc—.,wn1 D ins woxs nsrt yosr.
Nuclear Oomometer $1.300.00
P.Dlem-Day $500.00
Per Me.-O—night $5,108.00
Mileage $2,253.20
Telephone and Fax $300.00
Miss.S Ibs $500.00
Total: $10,935.20
SUMMARY OF ENGINEERING SERVICES
Leaded Lebo,Cost $84,804.44
Dlroct Ep.— $10,935.20
Total Engineering fee:::- 595740 i
EXHIBIT D
ESTIMATE OF CLOSEOUT SERVICES COSTS
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AMENDMENT FOUR EXHIBIT D FEE PROPOSAL FOR CONSTRUCTION PHASE PROJECT CLOSEOUT SERVICES
ROBERT PECCIA 6 ASSOCIATES DHy at Bozeman 5:3 Mo Ooriorete UVgtcrt?totuge Reservoir,
CIVIL ENGINEERING SERVICES CONTRACT -eoteman,(1o0tana .-,.
SCHEDULE OF ESTIMATED COSTS
CONSTRUCTION PHASE ENGINEERING SERVICES Clly,ot Bgielltati _
FOR ENGINEERING SERVICES RESULTING FROM CONSTRUCTION
CONTRACTOR CONTRACT TIME OVERRUN
RPA Project No.14702.000
Date:January 7th,2019
Parson Days _
PrwWent '`Projeel Pro)ed project Prgl SfroaL`"' 6Ur'4ay Surveyor SulvdyCiiVv Accountant CAD CADD Admin. Total
Work lterNSdbta6k Manager Enitneer Inspector �InsPector OT Enphwer Manages -Chief Manager Operator Person:
$24.79 ..Hours'.
PROJECT CLOSEOUT
A Bulll 01ewing. 8.00 16.00 24.W 2.00 8.00 12,00 40.00 4000 20.00 170.00
Pro)ect Closooul 16.00 40.00 4,00 60.00
TOTAL PERSON-HOURS: 001 "'24.9 d60 `<x 24,0 00 00 I. 2.0 ,' S.0 12,0 4.0 40.0 40.0 20,0 200.0
LABOR COST PER EMPLOYEE. ,,,y SO,DQT - 5.1,1¢7,36 ,,;`;2p56 b1e,,,,, ,;�781.04, ,,.„: .�,5000„„.,,;, ,,5000,,,,_,._,f6B 69,,; b00311 .,� SS4S.95 $164,62„- ,51,447dS_ S1,199.67 $496.54 $0,629.04
DIRECT EXPENSES - Assumptions I Exclusions:
Egdpmant(Survey GPS S4001day) $800.00
Eopment(Compulem) $576.50
Per Dlem-Dey $100.W
Per Diem-Overnight $150.W
Teiaphona end Fax $20,00
Printing $3,SW.00
Ml-Supplies $150 00
Total: $5,296.60
SUMMARY OF ENGINEERING SERVICES
Loaded Lal or Cost $26.836.31
Dire.Expereas $5,296.50
Total Eo q inmrin Fao:, $3 133
EXHIBIT E
REIMBURSIBLE EXPENSES
ROBERT PECCIA&ASSOCIATES,INC.
SCHEDULE OF REIMBURSABLE EXPENSES
July 5,2018
TRAVEL EXPENSES:
Mileage Expense-Two Wheel Drive Vehicles $0.545 per mile or current Federal mileage rate
Mileage Expense-Four Wheel Drive Vehicles $0.595 per mile
SUE Truck-Mileage $1.00 permile
Per Diem State or Federally Allowable Rates
Cessna 172 $75.00 per hour
Other $at actual cost
REPRODUCTION EXPENSES:
Plain Paper Photocopies $0.10 per copy
Color Photocopies-8 1/2 X 11 $1.00 per copy
Color Photocopies-11 X 17 $1.15 per copy
All Other Outside Printing Expenses $at actual cost
Photographic Developing Charges $at actual cost
CONSTRUCTION ENGINEERING&SURVEYING EQUIPMENT:
4-Wheeler $100.00 per day
Confined Space Entry Equipment $100.00 per day
Controlotron Ultrasonic Flow Meter $15.00 per hour/$100.00 per day
Digital Level $75.00 per day/$350 per weeW$1000 per month
Flow Recorder $10.00 per day/$30 per week/$100 per month
GPS-Rover $225.00 per day
GPS-RTK System $400.00 per day
Jackhammer $45.00 per day
Laser Level $20.00 per day/$75 per week/$225 per month
Line Locator $30.00 per day
Nonsubmersible Transducers(with data logger) $100.00 per day
Nuclear Densometer $100.00 per day/$200 per week/$650 per month
Rebar Locator $150.00 per day
Robo-5600 $225.00 per day
Robot S6 $325.00 per day
Sewer Flow Meter $25.00 per day/$50 per week/$150 per month
Submersible Transducers(with data logger) $120.00 per day
Wind Recorder $75.00 per month
SUE-Vacuum Truck Usage $150.00 per hour
Trimble Juno GPS/GIS Hand Held $50.00 per day
Troll 9500(Water Quality Sampler) $560.00 per month
Turbidimeter $20.00 per day
TRAFFIC&TRANSPORTATION EQUIPMENT:
Traffic Counters $50.00 per day
Range Tracking System $50.00 per day
Electronic Turning Movement Counters $15,00 per day
Traffic Signs $20 per job per sign
OFFICE EQUIPMENT&SUPPLIES:
Computers: Word Processing/Accounting $2.50 per hour
Computers: CADD/Microstation/Corel Draw $7.00 per hour
Fax Machine $1.00 per page
Long Distance Telephone Charges $at actual cost
Postage Costs $at actual cost
Federal Express Services $at actual cost
Other Office Supplies(Specifically purchased for project) $at actual cost
SUBCONTRACTORS:
Invoiced at actual cost incurred by Consultant plus administrative charges.
OTHER EQUIPMENT:
All other equipment is included in the hourly rate charge,and the client will not be charged separately
for such items. This policy is subject to change in the future. The above equipment list may be
amended as necessary for future equipment purchases.
APPROVED BY:RPA BOARD OF DIRECTORS Date: 01/30/18
FlAcdg1ADMINMReimbumable Expemes\REIMBEXP 2018.xis
Robert Peccia & Associates
2018 Per Diem Rates
Effective 10/01/2018
Breakfast $ 13.00
Lunch $ 14.00 Meals Total $ 50.00
Dinner $ 23.00
Lodging $ 94.00
Fu I I Day Total $ 144.00