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Home My WebLink About09-09-19 City Commission Packet Materials - C14. Amend 5 to PSA with Robert Peccia for 5.3 MG Water Storage Reservoir Project Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Bob Murray, Project Engineer Shawn Kohtz, City Engineer SUBJECT: 5.3 Million Gallon (MG) Water Storage Reservoir Project - Amendment No. 5 adding the construction phase services for the Sourdough Transmission Main. MEETING DATE: September 9th, 2019 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve and authorize City Manager to sign Amendment No. 5 with Robert Peccia and Associates. BACKGROUND: Attached is a copy of the partially executed Amendment No. 5 with Robert Peccia and Associates for the 5.3 Million Gallon (MG) Water Storage Reservoir Project adding the construction phase service for the Sourdough Transmission Main. The document is in the City’s standard format. The design of the Sourdough Transmission Main was completed under an amendment to the Storage Reservoir project. The design is now complete, has been bid and the contract awarded. Construction has not yet begun due to the long lead time for the materials on the project, but will begin in late September or early October. Neither the original professional services agreement nor previous amendments included the bidding or construction phase services. They are being added by this amendment. The bidding and construction phases are paid on a time and materials basis, so only those hours needed to complete the project will be compensated. UNRESOLVED ISSUES: None ALTERNATIVES: As suggested by the City Commission FISCAL EFFECTS: $231,142.00 from the Water Impact Fee Fund (90%) and Water Fund (10%). Attachments: Amendment No.5 Report compiled on: 8/29/19 392 Amendment No. 5 to Professional Services Agreementfor5.3 Million Gallon Water Storage ReservoirBidding and Construction for 48-inch Transmission PipelineTHIS AGREEMENT is made as of thisday of_, 2019,between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, hereinreferred to as OWNER and Robert Peccia and Associates, an Engineering Consulting Firm ofHelena, Montana, herein referred to as ENGINEER.WHEREAS, the parties have entered into a Professional Services Agreement datedJanuary 5, 2015, herein referred to as Original Agreement for professional engineering services;andWHEREAS, the parties desire to further amend the provisions of this Agreement.NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTSCONTAINED HEREIN, the parties agree as follows:The conditions and provisions set forth in the attached exhibits to this AMENDMENT FIVE tothe Original Agreement; EXHIBIT A (Fee Proposal), EXHIBIT B (Schedule of ReimbursableExpenses) are hereby incorporated in and made part of this Agreement.ARTICLE 1 - ENGINEERING SERVICES1.1. The detailed description of the specific project components is described as follows:This engineering project components are the engineering bid and construction phases forthe new 48-inch transmission pipeline approximately 2,865 feet in length. The pipelinewill be connected to the City's existing 30-inch transmission pipeline on Nash andSourdough Roads. Major work tasks for the bid phase include bid advertisement,conducting a pre-bid conference, distribution of bid documents and plan holders list,answering bidder questions, preparation of addenda,__attending bid opening, preparationof certified bid tabulations and make recommendatiQn_for award to the City and relateditems. Mat or __ work tasks foi^.the construction phase include conducting apre-construction conference, providing project survey control points for the constructioncontractor, review of contractor submittals, preparation of progress reports, preparation ofwork orders and change orders, construction inspection, preparation of as-built drawingsand protect closeout services.1.2. The scope of services under this contract is set forth in the Original Agreement and thisAmendment Five to the Original Agreement and the attached EXHIBITS.1393 ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICESExcept as specifically amended herein, the original agreement shall remain in full forceand effect and the Parties shall be bound by all terms and conditions therein.6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSESOF ENGINEER.Construction and project documentation services performed as Basic Engineering Services undersections 4.4 and 4.5 shall be compensated in accordance with the following:6.2.1 The OWNER shall pay for Bidding and Construction Phase Services an amountnot to exceed $231,142.00 except as provided under 6.2.1.2 and 6.2.4. See attachedExhibit to this Amendment Five: Exhibit A Engineering Fee Proposal for Bidding andConstruction Phase Services costs.6.2.1.1 Costs Compensation. Compensation for these services shall be based onthe ENGINEER'S Direct Labor Cost times a factor of 3.0475 for services renderedwhich shall cover Direct Labor, Direct Labor Overhead, General &Administrative Overhead and Profit.6.2.1.2 Notification. At any time during the constmction that it becomesapparent that the Construction Phase and Project Documentation Servicesrendered under this Agreement will exceed the negotiated compensation for theseservices, and prior to performing services in excess of the contract ceiling, theENGINEER shall give OWNER written notice thereof. Promptly thereafterOWNER and ENGINEER shall review the scope and progress of the projectwork. ENGESTEER shall obtain written authorization from OWNER, prior to anyadditional costs being incurred under paragraph 6.2.1.3. If it is determined thatdue to a change in project scope under paragraph 5.2.1, the ENGESfEER is entitledto additional compensation, OWNER and ENGINEER may negotiate terms asprovided under 6.2.1.1. The amount and terms of any additional compensationunder 6.2.1.1 or 6.2.1.3 shall be negotiated and agreed in writing pursuant to 9.16of the original agreement.6.2.1.3 Costs Exceeding Estimated Compensation. Except as allowed under5.2.1, when the total cost of the original scope Bidding and Construction PhaseServices exceeds the negotiated compensation for these services, the OWNERshall pay only for the direct costs incurred in excess of the estimatedcompensation. These costs consist of an amount equal to the ENGINEER'SDirect Labor Cost times a factor of 2.7152 for services rendered which shallinclude Direct Labor, the federally audited payroll Direct Labor Overhead, and2394 General & Administrative Overhead costs, but shall not include any allowance forprofit.6.2.2. Reimbursable Expenses, as defined in section 7.4 of this Agreement, for BasicServices and Approved Additional Services shall be paid to the ENGBSFEER by theOWNER in the actual amount of the costs incurred up to an amount not to exceed$31,795.00 for reimbursable expenses. The estimated reimbursable expenses areidentified in the attached Exhibit to this Amendment: Exhibits "A (Bidding andConstruction Phases), and B (Schedule of Reimbursable Expenses)".Except as specifically amended herein, the original agreement shall remain in full forceand effect and the Parties shall be bound by all terms and conditions therein.3395 IN WITNESS WHEREOF, the parties hereto do make and execute this Agreement on theday and year first above written.CITY OF BOZEMANBy:ATTEST:Robin CroughCity ClerkAPPROVED AS TO FORMBy:_City AttorneyATTEST:By: ^^^/<^^^- ^^ENGINEERROBERT PECCIA AND ASSOCIATESBy:.^ ^President/4396 IIsismII!Ill§!1sa.£l^15sIllsgsI3!£g&53te1-iii8§i'.l issgS ;::! t'5ss&0•s•s&s£us<5x2szQ5sss.&N3S S":1 -II8sV•siIsrn1 iIll."la0dIsI!0IsI.sw!?&";^as's?s aisisSi1.11i,illga?aIllIlls'I?igS888888.gg8g§S8Sg?SSgg88ss8ss'I8°§8!§8§Sgg88 8 8 S????§§ s? ?S S S g????£S ggIsfS=ss'-.1iSS|||||J||siSlSSSSSS^H'giiiJllIII!IIIIS3IiSI88 S g S8 8. 8 S.Issllllilissss§-s£s-igisIIs s:I.!.!..JsiiMIII^IIiusIII!ill|5|IIIll397 ROBERT PECCIA & ASSOCIATES, INC.SCHEDULE OF REIMBURSABLE EXPENSESJanuary 1,2019EXHIBITSTRAVEL EXPENSES:Standard Mileage Rate (Required on Government projects)Regular Mileage RateSUE Truck - MileagePer DiemCessna 772OtherREPRODUCTION EXPENSES:Plain Paper PhotocopiesColor PhotocopiesAll Other Outside Printing ExpensesPhotographic Developing ChargesCONSTRUCTION ENGINEERING & SURVEYING EQUIPMENT:4-WheelerConfined Space Entry EquipmentControlotron Ultrasonic Flow MeterDigital LevelFlow RecorderGPS - Roi/erGPS - RTK SystemLaser LevelLine LocatorNonsubmersible Transducers (with data logger)Nuclear DensometerStructural Rebar Locator / Cover MeterRobo - 5600Robot S6Sewer Flow MeterSubmersible Transducers (with data logger)Wind RecorderSUE - Vacuum Truck UsageTrimble Juno GPS/GIS Hand HeldTroll 9500 (Water Quality Sampler)TurbidimeterTRAFFIC & TRANSPORTATION EQUIPMENT:Traffic Counters/Miovision ScoutOFFICE EQUIPMENT & SUPPLIES:Computers: Word Processing / AccountingComputers: CADD /Microstation/Corel DrawFax MachineLong Distance Telephone ChargesPostage CostsFederal Express ServicesOther Office Supplies (Specifically purchased for project)$0.58 per mile or Federally Allowable Rate$0.63 per mile$1.00 per mileState or Federally Allowable Rates$100.00 per hour$ at actual cost$0.10 per copy$0.75 per copy$ at actual cost$ at actual cost$100.00 per day$100.00 per day$15.00 per hour/$100.00 per day$75.00 per day/$350 per week/$1000 per month$10.00 per day/$30 per week/$100 per month$225.00 per day$400.00 per day$20.00 per day/$75 per week/$225 per month$75.00 per day$100.00perday$100.00 per day/$200 per week/$650 per month$150.00 per day$225.00 per day$325.00 per day$25.00 per day/$50 per week/$150 per month$120.00 per day$75.00 per month$150.00 per hour$50.00 per day$560.00 per month$20.00 per day$100.00 per day$2.50 per hour$7.00 per hour$1.00 per page$ at actual cost$ at actual cost$ at actual costS at actual costSUBCONTRACTORS: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 separatelyfor such items. This policy is subject to change in the future. The above equipment list may beamended as necessary for future equipment purchases.APPROVED BY: RPA BOARD OF DIRECTORSDate: 01/29/19F:\Acclg\ADMINtReimbursable Expenses\RE]MBEXP 2019.xls398