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HomeMy WebLinkAbout19- Amendment 7 to PSA - Robert Peccia and Associates - Durston and Cottonwood Roads Improvements Project Amendment No. 7 to Professional Services Agreement for Durston and Cottonwood Roads Improvements Proiect THIS AGREEMENT is made as of this_ d day of , 2019, between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman,Montana,herein referred to as OWNER and Robert Peccia and Associates,Helena,Montana, 59601, an Engineering Consulting Firm of Bozeman,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 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 the Cottonwood Road project from Babcock to Durston. The amendment also includes miscellaneous out of scope Design Phase items of work. 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 i 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 1 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. 4.5.1.3 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 verification of contract compliance with job site requirements, plans and specifications. Constructing testing will be performed by the Owner's Testing Firm. The ENGINEER shall 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 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 Pam 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 $36,179.00 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: $32,561.00(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 4.7 including General Administration of Construction Contract, Resident Project Representation, and Project Documentation 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$175 290.00 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 3.047 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 2.650 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$29,554.70 which includes 0.00 for consultants employed by the Engineer and$ 29,554.70 for all other reimbursable expenses. The estimated reimbursable expenses are identified in Exhibit" D ". 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 3.047, 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 $60.14/hour Project Manager $47.16/hour Sr. Structural Engineer $52.21/hour Environmental Manager $47.64/hour Construction Tech. $33.00/hour Staff Engineer $28.89/hour CADD Technician $29.01/hour Surveyor $39.95/hour Accounting $38.51/hour Clerical $24.66/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. CITaOF OZEM , MONTANA ENGINEER BY BY: I (City Manager) (President) APPR VED AS T By: (CiZ ey) ATTEST: $p BY: ,"�y •' 9 (City Clerk) "; • •� •0 9�Lq TIN CO�1 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. 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 claim,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. 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. 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,Rejection 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. 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.Furnish 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 equipment, 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' superintendent. 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. Durston and Cottonwood Road Improvements Project Scope of Services, April 2019 EXHIBIT uRSTON AND COTTONWOOD ROAD IMPROVEMENTS PROJECT Amendment 7 • TASK 1 & 2 - 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) This contract amendment includes additional services to complete two projects, the section of Cottonwood Road from Babcock Street to Durston Road, and the section of Durston Road from Flanders Mill Road to Fowler Avenue. The scope of work for Amendment#7 includes services for out of scope design phase items, advertising and bidding, construction administration and inspection, and post-construction services. TASK 1 - COTTONWOOD ROAD OUT OF SCOPE DESIGN PHASE ITEMS Management This activity includes preparation of the scope of services, cost estimate, and contracting documents with the city and two subconsultants.Also included in this activity is invoicing. Foundation Design This work is the structural calculations and design for three different sized new standard signal pole foundations at the Babcock/Cottonwood intersection, for the resetting of three existing signal poles with rotatable bases on new foundations at the Durston/Cottonwood intersection, and for two different height street light pole foundations. This task also includes drafting the foundation designs into the Drawings. Irrigation Well This work is for investigating local well logs, adding a new irrigation well to the Drawings, developing a special provision for the work, and including this work as an Alternate Bid#2 in the Contract Documents. Potholinq This work is the potholing of utility conflicts along Cottonwood Road and Durston Road. The potholing was subcontracted to Rocky Mountain Contractors. This task also included RPA to stake the location of the potholes for RMC, RPA to provide an on-site engineer during potholing when necessary,and RPA to update both sets of Drawings with the utility depths. Re-design of the storm drain facilities for the gas conflicts on Cottonwood Road was not included in this amendment and is assumed part of the original design scope. DEQ Deviation This work is preparing a deviation to MDEQ for the sanitary sewer permitting, including the$200 check to MDEQ paid by RPA.The original contract assumed a standard MDEQ submittal without a deviation request. Babcock Street Widening This work is extending the widening of Babcock Street for the Icon Apartment project by Morrison Maierle. RPA added the following to the Drawings: curb profile, driveway detail, signing, striping, two street lights, cross sections, and quantities. RPA also coordinated with Morrison Maierle to match the two plan sets. Robert Peccia and Associates Page 1 of 5 Exhibit C Durston and Cottonwood Road Improvements Project Scope of Services, April 2019 TASK 2 - DURSTON ROAD OUT OF SCOPE DESIGN PHASE ITEMS Hydraulic Analysis and Culvert Replacement This activity includes hydraulic analysis of the existing undersized storm drain and culvert system on the south side of Durston Road from Flathead Avenue to Sheridan Avenue, by Allied Engineering.As a result of this study, RPA revised the Drawings, bid documents, and 404 permit application for the replacement of the existing under-sized culvert at the West Gallatin Canal. The team also performed field work to ensure the culvert and manhole replacement will tie to the existing four lateral pipes. TASK 3 - BID TO AWARD PHASE This task is the bid to award phase. This includes preparing the Contract Documents, bidding the project, awarding the project to the lowest responsible bidder, and completing the executed contract documents. Management This activity includes preparing one invoice with a project status update. Print&Assemble Contract Documents RPA will print and produce 12 paper sets and a .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 two paper sets of the Contract Documents. RPA will receive two paper sets of the Contract Documents. Four 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. Answer Contractor Questions RPA will coordinate with the potential bidders, answer questions about the project, and supply electronic files if requested. Pre-Bid Conference RPA will conduct a Pre-Bid Conference for the project, take meeting notes and answer any technical questions. RPA 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 RPA will distribute the Contract Documents to those Contractors who request them and ensure the Contractors supplied the proper deposit. RPA will maintain a Planholder's List which identifies all Contractors which have received the Contract Documents. Issuing Addenda If necessary, addenda will be issued 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 a copy of the addenda shall be sent to everyone on the Planholder's List. Bid Opening The City Clerk will run the Bid Opening, and RPA will attend. RPA will review all bids received for bid irregularities. If irregularities are discovered in the low bidder's package, RPA shall notify the City. Robert Peccia and Associates Page 2 of 5 Exhibit C Durston and Cottonwood Road Improvements Project Scope of Services, April 2019 Bid Tabulations RPA shall return from the Bid Opening with the Official Bid Proposals to prepare the bid tabulations. RPA is responsible for transferring the unit bid prices and total bid prices shown in the Contractor's bid to the Bid Tabulation. Any math errors in the Contractor's bid will be noted and the correct figure shown. Award Recommendation After the Bid Tabulations have been prepared and approved, RPA shall write a Recommendation of Award letter to the City with a copy of the Bid Tabulations attached.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 perform the work within the allotted time. If after the Pre-Award Conference it appears the Contractor is qualified to complete the project, RPA shall recommend award to the Contractor. If the Contractor does not appear to be qualified, RPA shall recommend to the City the Contractor's bid be disqualified and the next lowest bidder be considered, or that all bids be rejected and the project be re-bid, whichever the City Attorney believes to be appropriate. RPA 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, RPA shall complete and transmit five copies of a Notice of Award to the City for their signature. The City shall be asked to sign the Notices and return to RPA to transmit to the Contractor for their signature. After the Contractor signs the Notice of Award, RPA shall transmit five copies of the Agreement Between City and Contractor to the Contractor. The Contractor will sign and return all copies, along with the required Performance and Payment Bonds, Certificates of Insurance, and Power of Attorney. This set of documents is the Contract Documents. Upon receipt of the Contract Documents from the Contractor, RPA shall review the Agreement, Performance Bond, Payment Bond, Certificates of Insurance, Power of Attorney, and Workers' Compensation Certificate for conformance with the project requirements. RPA will bind the Contract Documents, along with copies of the Bid Proposal, Bid Bond and Bid Tabulations, and send the five sets to the City for review and signatures. Once executed by the City, this is the Executed Contract Documents. TASK 4 - CONSTRUCTION PHASE This task is providing construction management and inspection during the construction of the project. Management This activity includes preparing one invoice with a project status update per month,for a six-month duration. Preconstruction Conference RPA shall schedule a Preconstruction Conference with the City, Contractor, subcontractors, and any other applicable representatives and governmental agencies. RPA shall conduct the meeting and prepare meeting minutes. Submittal Review Process RPA is responsible for ensuring the submittals received from the Contractor are reviewed and returned within the allowed time frame. A 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 Robert Peccia and Associates Page 3 of 5 Exhibit C Durston and Cottonwood Road Improvements Project Scope of Services, April 2019 submittal received from the Contractor shall be reviewed and recorded on a Submittal Review Form. This form will be returned to the Contractor with additional comments if necessary. Construction Administration and Observation (190 Calendar Days) RPA 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 the Drawings and Contract Documents. The RPR will be budgeted to be on-site 40 hours/week. Additionally, other members of RPA's team will periodically be needed to assist during construction either in the office or on-site. The estimated construction period is 190 calendar days (approximately 135 working days). Should the Contractor decide to do work requiring observation on weekends or beyond the scheduled project completion date, if approved in advance by the City, RPA will bill the City 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, RPA will be compensated for additional time and expenses as well by the City. No quality control testing of material is included in this agreement. Such independent testing laboratory work will be through the Owner's Testing Firm, with the laboratory test results being submitted simultaneously to the Contractor and RPA for review. Pay Requests The Contractor shall request partial payments every 30-days. RPA is responsible for certifying each pay request. Change Orders Any changes in the original Contract Documents shall be handled through the issuance of a Change Order. RPA shall notify the City of the potential Change Order prior to negotiating the change with the Contractor to obtain the City's approval. A detailed cost breakdown must be provided by the Contractor so RPA may review it for reasonableness. RPA is responsible for executing the Change Order and providing it to the Contractor for their acceptance signature. RPA shall transmit a signed copy to the City for their review, approval and signature. RPA shall transmit a signed copy of the Change Order to the Contractor which will serve as their notice to proceed with the changes. Project Punchlist & Certificate of Completion After the Contractor has submitted the Contractor's Certificate of Completion, it shall be RPA'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 must complete prior to the Final Project Inspection. The Punchlist should be signed by RPA 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. Robert Peccia and Associates Page 4 of 5 Exhibit C Durston and Cottonwood Road Improvements Project Scope of Services, April 2019 Final Proiect Inspection The City, the Contractor, and RPA shall visit the project site for a Final Project Inspection. A walk-through inspection shall be conducted for the City 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, RPA shall document the work items in a Final Project Punchlist. Copies of this Final Project Punchlist shall be transmitted to the Contractor and the City. If the City determines that the project is substantially complete, then RPA 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 5 - POST-CONSTRUCTION PHASE This task is providing construction management and administration after the Contractor has completed the construction of the project and substantial completion has been granted. Management This activity includes preparing one invoice with a project status update. Final Punchlist Review RPA shall make a final inspection, when notified by the Contractor, that they have completed all items on the Final Punchlist. Contractor's Final Pay Request Prior to processing the Final Pay Request, RPA shall require the Contractor to submit an Affidavit on Behalf of Contractor form and Consent of Surety Company to Final Payment form. These forms 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 its obligations. Record Drawings RPA is responsible for producing the Record Drawings at the conclusion of the Project. RPA and the Contractor shall maintain a set of record construction plans during the course of construction, noting all design changes and underground utilities. All sets of drawings shall be presented to RPA in a neat and understandable condition for final revisions. RPA shall carefully review the changes made for accuracy and completeness. The record drawings will be drafted and delivered to the City. The submittal will include electronic PDF's,AutoCAD files, two full-size paper copies, and one mylar set of the record drawings. Warranty Inspection RPA 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. Robert Peccia and Associates Page 5 of 5 Exhibit C ROBERT PECCIA&ASSOCIATES Durston&Cottonwood Improvements Project ENGINEERING SERVICES CONTRACT Bozeman,MT SCHEDULE OF ESTIMATED COSTS AMENDMENT NO.7 Attachment D-1 DESIGN PHASE OUT OF SCOPE - LUMP SUM Principal Project Sr.Structural Staff Environmental CADD Surveyor Account- Total Work Item/Subtask Manager Engineer Engineer Manager Drafter ing Person $60.14 $47.16 $52.21 $28.89 $47.64 $29.01 $39.95 $38.51 Hours TASK 1:COTTONWOOD ROAD-OUT OF SCOPE DESIGN ITEMS 1.Management-Cost Proposal,2 Invoices,Contract,2 Subcontracts,2 Subinvoices 2 16 4 22 2.Foundation design for:3-Babcock signal poles,3-re-setting of Durston rotating signal pole bases,1-25'tall street light pole,1-35'tall street light pole 2 8 40 8 58 3.Adding an irrigation well-investigate local wells,add a detail sheet and special provision,Alternate Bid#2 2 12 8 22 4.Potholing utility conflicts&staking of pothole locations for RMC,on-site coordination during potholes(1 RPA field day&staking files).Add depths to Drawings for Cottonwood and Durston sets 2 8 12 8 30 5.Preparing a Deviation to DEQ for the Sanitary Sewer 2 8 2 1 13 6.Babcock widening for M&M Icon Apartment project-extend reconstruct 200'and add curb profile,cross sections,sign,striping,two street lights, quantities.Coordinate plan sets with M&M. 8 16 40 64 TASK 2:DURSTON ROAD-OUT OF SCOPE DESIGN ITEMS 1.Hydraulic Analysis of the existing south-side storm drain and culvert system(Allied)and subsequent changes on the Drawings and 404 permit application for the culvert replacement at the West Gallatin Canal 1 8 8 8 24 49 TOTAL PERSON-HOURS: 3 40 8 92 8 94 8 5 258 LABOR COST PER EMPLOYEE: $180.42 $1,886.40 $417.68 $2,657.88 $381.12 $2,726.94 $319.60 $192.55 $8,762.59 DIRECT EXPENSES Assumptions/Exclusions: Subcontracted Services-Rocky Mountain Contractors for Potholing $4,401.14 Subcontracted Services-Allied Engineering for Hydraulic Analysis $2,886.25 Equipment(Survey GPS$400/day) $400.00 None Equipment(Computers at$2.50/hour) $160.00 Equipment(CADD software at$7.00/hour) $1,302.00 DEQ Deviation Fee(Check by RPA) $200.00 Mileage(1 trip for Helena surveyor,$0.63/mile 4WD) $126.00 Total: $9,475.39 SUMMARY OF ENGINEERING SERVICES Direct Labor $8,762.59 Overhead(Current OH Rate X Direct Labor)(1.6500) $14,458.27 Subtotal Labor Cost: $23,220.86 Direct Expenses $9,475.39 Subtotal Project Costs: $32,696.25 Profit(15%of Loaded Labor): $3,483.13 Total Engineering Fee(Rounded): $36,179 F:\Highways\14510_000_Durston Cottonwood Roads\admin\CONTRACT\AMEND7 COTTONWOOD CONSTRUCTION\14510.002 CONSTRUCTION Fee Estimate 04.22.19.xlsx ROBERT PECCIA & ASSOCIATES Durston&Cottonwood Improvements Project ENGINEERING SERVICES CONTRACT Bozeman,MT SCHEDULE OF ESTIMATED COSTS AMENDMENT NO.7 Attachment D-2 BID TO AWARD PHASE - TIME & MATERIALS Person Hours Principal Project Acctng. CADD Clerical Total Work Item/Subtask Manager Tech. Person $60.14 $47.16 $38.51 $29.01 $24.66 Hours TASK 3:BID TO AWARD PHASE Management(1 Invoice) 1 1 2 Print/Assemble Contract Documents, PDF and post to website 2 12 14 Answer Contractor questions 4 2 6 Pre-Bid Conference&Minutes 4 4 Planholder's List 4 4 Issuing Addenda 8 8 Bid Opening 2 2 Bid Tabulations 4 4 Award Recommendations 1 2 3 Notice of Award and Executed Contract Documents 1 8 8 17 TOTAL PERSON-HOURS: 2 33 1 2 26 64 LABOR COST PER EMPLOYEE: $120.28 $1,556.28 $38.51 $58.02 $641.16 $2,414.25 DIRECT EXPENSES Assumptions/Exclusions: None Equipment(Computers at$2.50/hour) $122.50 Equipment(CADD software at$7.00/hour) $14.00 Mileage-3 trips from Bozeman office to City offices($0.58/mile 2WD) $26.10 Printing-12 sets of PS&E(Drawings 164 colored pages at$0.75 ea.Spec Book double sided black&white 250 pages at$0.10 ea.), 5 sets of Executed Documents 300 black&white pages at$0.10 ea.) $1,926.00 Total: $2,088.60 SUMMARY OF ENGINEERING SERVICES Direct Labor $2,414.25 Overhead(Current OH Rate X Direct Labor)(1.6500) $3,983.51 Subtotal Labor Cost: $6,397.76 Direct Expenses $2,088.60 Subtotal Project Costs: $8,486.36 Profit(15%of Loaded Labor): $959.66 Total Engineering Fee (Rounded): $9,450 ROBERT PECCIA & ASSOCIATES Durston&Cottonwood Improvements Project ENGINEERING SERVICES CONTRACT Bozeman,MT SCHEDULE OF ESTIMATED COSTS AMENDMENT NO. 7 way Attachment D-3 CONSTRUCTION PHASE - TIME & MATERIALS Person Hours Principal Project Construction Acctng. Total Work Item/Subtask Manager Inspector Person $60.14 $47.16 $33.00 $38.51 Hours TASK 4:CONSTRUCTION PHASE Management(6 invoices for 6 months) 1 6 6 13 Preconstruction Meeting-agenda&minutes 8 4 12 Submittal Review Process 1 40 4 45 Construction Administration/Observation-Office 40 40 Construction Administration/Observation-Field 1080 1080 Pay Requests(assume 6) 24 12 36 Change Orders 16 16 Project Punchlist&Certificate of Completion 2 4 6 Final Project Inspection 1 4 4 9 TOTAL PERSON-HOURS: 3 100 1148 6 1257 LABOR COST PER EMPLOYEE: $180.42 $4,716.00 $37,884.00 $231.06 $43,011.48 DIRECT EXPENSES Assumptions/Exclusions: Construction Observation will be full time and includes 8 Equipment(Computers at$2.50/hour) $362.50 hours per day on-site. Equipment(CADD software at$7.00/hour) $28 00 Contract is estimated at 190 calendar days, use 135 field Gallatin Count Per Diem-Da $61/da Meals&Incidentals,Tues-Thurs. work days(27 weeks)&5 office work days. Y Y( Y ) $4,941.00 Proposal includes an experienced inspector from the Helena Gallatin County Per Diem-Day($45.75/day Meals&Incidentals, Mon.&Fri.) $2,470.50 office. Gallatin County Per Diem-Overnight($160/night lodging,June to Sept.-17 weeks) $10,880.00 Gallatin County Per Diem-Overnight($95/night lodging, Oct.to May-10 weeks) $3,800.00 Mileage-10 trips from BZN office to jobsite/city offices($0.58/mile 2WD) $58.00 Mileage-27 trips from HLN office to jobsite($0.63/mile 4WD) $3,402.00 Telephone, Postage and Fax $100.00 Printing $100.00 Nuclear densomoter not included,all subgrade and asphalt testing under the Contractor's testing and surveying bid Total: $26,142.00 items. SUMMARY OF ENGINEERING SERVICES mileage from helena is once per week for 27 weeks. Overnight per diem is 4 days per week for 27 weeks(17 weeks in high-cost season and 10 weeks in lower-cost Direct Labor $43,011.48 season). Meals are full day cost for 3 days a week.Meals on Overhead(Current OH Rate X Direct Labor)(1.6500) $70,968.94 Monday and Friday are at 75%per federal GSA allowable rates. Subtotal Labor Cost: $113,980.42 Direct Expenses $26,142.00 Subtotal Project Costs: $140,122.42 Profit(15%of Loaded Labor): $17,097.06 Total Engineering Fee (Rounded): $157,200 ROBERT PECCIA &ASSOCIATES Durston&Cottonwood Improvements Project ENGINEERING SERVICES CONTRACT Bozeman,MT SCHEDULE OF ESTIMATED COSTS AMENDMENT NO.7 Attachment D-4 POST-CONSTRUCTION PHASE - TIME tic MATERIALS Person Hours Principal Project Construction CADD Clerical Acctng. Total Work Item/Subtask Manager Tech. Tech. Person $60.14 $47.16 $33.00 $29.01 $24.66 $38.51 Hours TASK 5:POST-CONSTRUCTION PHASE Management(1 invoice) 1 1 2 Final Punchlist Review 4 4 Contractor's Final Pay Request 8 1 9 Record Drawings&create PDF,Submit electronic files 2 8 40 1 51 Warranty Inspection 2 4 6 TOTAL PERSON-HOURS: 13 17 40 1 1 72 LABOR COST PER EMPLOYEE: $613.08 $561.00 $1,160.40 $29.01 $38.51 $2,402.00 DIRECT EXPENSES Assumptions/Exclusions: None Equipment(Computers at$2.50/hour) $32.50 Equipment(CADD software at$7.00/hour) $280.00 Mileage-2 trips from Bozeman office to job site($0.58/mile 2WD) $11.60 Printing(2 full size sets,one mylar-Selby's) $1,000.00 Total: $1,324.10 SUMMARY OF ENGINEERING SERVICES Direct Labor $2,402.00 Overhead(Current OH Rate X Direct Labor)(1.6500) $3,963.30 Subtotal Labor Cost: $6,365.30 Direct Expenses $1,324.10 Subtotal Project Costs: $7,689.40 Profit(15%of Loaded Labor): $954.80 Total Engineering Fee (Rounded): $8,640 C G 32 Discovery Drive Bozeman, MT 59718 406-582-0221 Robert Peccia&Associates Invoice number 26685 3810 Valley Commons Drive,Suite 4 Date 04/19/2019 Bozeman, MT 59718 Project 15-017.04 Durston_Mineral_To_Fowler For professional services rendered through April 13,2019. Contract Percent Prior Total Current Description Amount Complete Billed Billed Billed Stormwater Design 11,965.00 100.00 11,965.00 11,965.00 0.00 Total 11,965.00 100.00 11,965.00 11,965.00 0.00 Extra Work-Culvert Analysis Professional Fees Billed Date Hours Rate Amount Kyle I.Thompson Field 04/02/2019 3.50 100.00 350.00 Paul J.Sanford Meetings 03/25/2019 1.50 145.00 217.50 03/26/2019 0.50 145.00 72.50 03/27/2019 1.50 145.00 217.50 General 02/07/2019 0.75 145.00 108.75 04/01/2019 1.00 145.00 145.00 Subtotal 5.25 761.25 Rory S. Romey Design 02/05/2019 0.75 100.00 75.00 02/07/2019 2.25 100.00 225.00 03/18/2019 2.00 100.00 200.00 03/19/2019 0.50 100.00 50.00 03/23/2019 1.75 100.00 175.00 03/24/2019 1.50 100.00 150.00 03/25/2019 1.75 100.00 175.00 03/26/2019 2.25 100.00 225.00 03/27/2019 2.50 100.00 250.00 04/01/2019 1.50 100.00 150.00 04/02/2019 1.00 100.00 100.00 Robert Peccia&Associates Invoice number 26685 Invoice date 04/19/2019 Page 1 of 2 Robert Peccia&Associates Invoice number 26685 Project 15-017.04 Durston Mineral_To_Fowler Date 04/19/2019 Extra Work-Culvert Analysis Professional Fees Billed Date Hours Rate Amount Subtotal 17.75 1,775.00 Professional Fees subtotal 26.50 2,886.25 Phase subtotal 2,886.25 Invoice total 2,886.25 Aging Summary Invoice Number Invoice Date Outstanding Current Over 30 Over 60 Over 90 Over 120 26649 04/02/2019 7,781.25 7,781.25 26685 04/19/2019 2,886.25 2,886.25 Total 10,667.50 10,667.50 0.00 0.00 0.00 0.00 Contact Person/Project Mgr: Paul J.Sanford TERMS:Net 30 Days, Finance Charges will be applied on default of payment outside of these terms. Robert Peccia&Associates Invoice number 26685 Invoice date 04/19/2019 Page 2 of 2 Rocky Mountain Contractors CKXY P.O.Box 8688 Kalispell,MT 59904.1688 MCWNTAIN 406 752-4277 'wVe"C4ONTRACTORS, INC. Invoice 52796 Bill to: Job: 212437 ROBERT PECCIA AND ASSOCIATES POTHOLING UTILITIES ATTN STACI VENNER COTTONWOOD AND DURSTON 3147 SADDLE DR BOZEMAN, MT HELENA, MT 59601 Invoice#: 52796 Date: 04/22/19 Customer P.O.#: -- - ---- -- --- --- ---- -- ---- Payment Terms: DUE UPON RECEIPT Salesperson: customer Code: ROBPEC Remarks: 24.500 2 MAN VAC CREW HRLY HR 170.00 4,165.00 236.140 MATERIALS&DISPOSAL FEES EA 1.00 236.14 Subtotal: 4,401.14 Total: 4,401.14 Print Date: 04/22/19 Page: 1 Quote OC IC Y Date 3/27/19 RATown Bozeman ®UNTAIN Job Name Cottonwood Potholes CONTRACTORS. INC. P.O.Box 8688,Kalispell,MT 59904 Job Location Conornvood Rd Bozeman I A r" S a fe- Sol Condition Proposal Submitted To Phone Robed Peccia and Associates Attu.Stec;Verner Street 3147 Saddle Drive City,State,zip Helena.MT 59601 Description Quantity Price each Price 2 Man Vac Crew HRLY Billed nor HR 24.50 170.00 E 4,165.00 Materials and Disposal fees will be cost plus 15%mark up. 236.14 1.00 E 236.14 Any traffic control needed will be cost plus 15%mark up, 0.00 1.00 S E S S E E E E E E S E E S E E E E S Miscellaneous: E Customer Res sable for all permits unless stated otherwise. E RMC will provide Customer with Itemized bore log. E In extreme conditions RMC will make three attempts,if RMC has not yet been E successful and customer would like us to continue,an additional daily rate will be charged E for crew and equipment of$3 500.00 per day above and bey9nd the footage obtained E H successful until either the bore is completed or we are instructed to pull off by customer. E E S s s s s s s E s s $ s Na Propose hereby to furnish services-Complete in accordance with above specifications,for the sum of: E 4AO1.14 Payment Terms:Net 10 All work is guaranteed to be as specified.All work to be completed in a workmanlike manner according to Authorized standard practices.Any alteration or deviation from above specifications Involving extra costs will be Signature _ executed only upon written orders,and will become an extra charge over and above the estimate. Note:This proposal may withdrawn by us it not accepted within 30 days. Acceptance of Proposal-The above paces,specifications,and conditions are satisfactory and are hereby Signature accepted. You are authorized to do work as specified. Payment will be made as outlined above. _ Signature Dale of Acceptance