HomeMy WebLinkAbout09-16-19 City Commission Packet Materials - C10. Amendment 5 with Robert Peccia and Assoc for Baxter Davis Improvements
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Bob Murray, Project Engineer
Shawn Kohtz, City Engineer
SUBJECT: Baxter/Davis Intersection Improvements Project – Amendment No. 5.
MEETING DATE: September 16th, 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 Baxter/Davis Intersection Improvements Project. The document is
in the City’s standard format.
During the bid phase of the project there were a number of items that came up that were beyond
the original scope of work. There was redesign of the improvement fronting several different parcels as a result of the final right of way negotiations. Some permits for the project had to be updated and resubmitted as a result of design changes and delays with obtaining the right of way.
Several changes to the design had to be completed to reduce the cost of the project below the
budget amount, and there was unanticipated survey work completed for the utility companies to
identify conflicts.
The work described in the previous paragraph not only required extra engineering design, but
added to the work included in the construction contract requiring additional inspection and
administration time. Prior to the bid the contract time was extended from 120 calendar days to
170 days to account for the improvements. The contractor has also been given 43 additional
days due to delays and extra work not included in the original contract. We have held off on processing this amendment in hopes all of these extras could be absorbed into the original fee
negotiated with the engineer, but that is not going to be the case. The bidding and construction
phases are paid on a time and materials basis, so only those additional hours needed to complete
the project will be compensated. The original professional services agreement for the project can
be found at http://weblink.bozeman.net/WebLink8/0/doc/76354/Electronic.aspx.
UNRESOLVED ISSUES: None
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ALTERNATIVES: As suggested by the City Commission
FISCAL EFFECTS: $89,320.00 from the Street Impact Fee Fund and the Arterial/Collector
Fund.
Attachments: Amendment No. 5
Report compiled on: 9/5/19
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Amendment No. 5 to Professional Services Agreementfor Baxter Davis Intersection ImprovementsTHIS AGREEMENT is made as of thisday of,2019,between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, herein referred toas OWNER and Robert Peccia and Associates. Helena, Montana, 59604, an Engineering ConsultingFirm of Helena, IVIontana, herein referred to as ENGFNEER.WHEREAS, the parties have entered into a Professional Services Agreement dated December1, 2014, 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 EXHIBIT C (Scope of Services) andEXHIBIT D (Fee Proposal) 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 project amendment is the additional work during the bidding and construction phases for theBaxter Lane Improvements Project from Davis Lane to 19th Avenue.1.2. The scope of services under this contract is set forth in this agreement and the attached EXHIBITS.ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE62 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OFENGINEER.Construction and project documentation services performed as Basic Engineering Services under sections 4.4through 4.8 including General Administration of Construction Contract, Resident Project Representation, andProject Documentation shall be compensated in accordance with the following:6.2.1 The OWNER shall pay for the Bid Phase and Construction Phase an amount not to exceed$89,320.00 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 theENGINEER'S Direct Labor Cost times a factor of 3.047 for services rendered which shall coverDirect 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 theConstruction Phase and Project Documentation Services rendered under this Agreement willexceed the negotiated compensation for these services, and prior to performing services inexcess of the contract ceiling, the ENGINEER shall give OWNER written notice thereof.Promptly thereafter OWNER and ENGINEER shall review the scope and progress of theproject work. ENGINEER shall obtain written authorization from OWNER, prior to anyadditional costs being incurred under paragraph 6.2.1.3. If it is determined that due to a changein project scope under paragraph 5.2.1, the ENGINEER is entitled to additional compensation,OWNER and ENGINEER may negotiate tenns as provided under 6.2.1.1. The amount and1237
tenns of any additional compensation under 6.2.1.1 or 6.2.1.3 shall be negotiated and agreed inwriting pursuant to 9.16.6.2.1.3 Costs Exceeding Estimated Compensation. Except as allowed under 5.2.1, when thetotal cost of the original scope Construction Phase and Project Documentation Services exceedsthe negotiated compensation for these services, the OWNER shall pay only for the direct costsincurred in excess of the estimated compensation. These costs consist of an amount equal to theENGINEER'S Direct Labor Cost times a factor of 2.650 for services rendered which shallinclude 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 andApproved Additional Services shall be paid to the ENGINEER by the OWNER in the actual amount ofthe costs incurred up to an amount not to exceed $11,740.03 which includes $ 0.00 _ forconsultants employed by the Engineer and $11.740.03 for all other reimbursable expenses. Theestimated reimbursable expenses are identified in Exhibit" D116.2.3. Failed Test Expenses. The ENGINEER shall maintain and provide to the OWNER, a record ofthe costs associated with failing quality control tests performed for the OWNER during the course of theconstruction of the project and recommend an amount the OWNER deduct from the contractors)payments.6.2.4 The OWNER shall pay an amount for Additional Services rendered by the ENGINEER andapproved in writing by the OWNER on the basis of the ENGINEER'S Direct Labor Costs times a factorof 3.047, or an amount otherwise negotiated at the time such services are requested and approved by theOWNER.ARTICLE 7 - MEANING OF TERMS7.3DIRECT LABOR COSTSDirect Labor Costs used as a basis for payment mean the actual salaries and wages paid to all ENGINEER'Spersonnel 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 includeindirect payroll related costs or fringe benefits. For the purposes of this Agreement the principals andemployees of the ENGINEER maximum billable Direct Labor Costs are:PrincipalProject ManagerDesign EngineerSenior SurveyorJunior SurveyorConstruction InspectorAccounting$60.14/hour$47.16/hour$38.70/hour$43.50/hour$27.65/hour$33.00/hour$38.51/hour2238
Except as specifically amended herein, the original agreement shall remain in full force and effect andthe 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 andyear first above written.CITY OF BOZEMAN, MONTANABY:(City Manager)ENGINEERBY:-^rs(President)^_APPROVED AS TO FORMBy:_(City Attorney)ATTEST:BY:_(City Clerk)3239
Baxter Lane Improvements,from Davis Lane to 19th AvenueScope ofSen/ices, August 2019EXHIBIT CBAXTER DAVIS INTERSECTION IMPROVEMENTSAmendment ft5 Scope of Services• TASK 1 - EXTRA BID TO AWARD PHASE (TIME & MATERIALS)• TASK 2 - EXTRA CONSTRUCTION PHASE (TIME & MATERIALS)This contract amendment #5 includes additional services to complete the bid to award phase of theBaxter Lane Improvements Project from Davis Lane to North 19th Avenue. These items of work areoutside the original scope of services approved May 9, 2016 as part of Amendment #3. Specific workitems are described in the following sections.This contract amendment #5 also includes additional services to complete the construction phase of theBaxter Lane Improvements Project from Davis Lane to North 19th Avenue. The previous Amendment #3for the original scope of construction services was dated May 9, 2016 and was based on 120 calendardays to complete the construction phase. Amendment #3 was approved based on the project scope anddesign elements at the time in 2016. The project was advertised in May 2018.Right-of-way acquisition with 15 parcels was completed from 2016 to 2018 by the City's sub-consultant.As part of the landowner negotiations, the plans were revised to include additional items of work. Theadditional items of work included PCCP driveways, the post office parking lot expansion with lightingrelocations, fencing, landscaping, sprinklers, and additional asphalt driveways. The extra work increasedthe contract time to 170 calendar days to complete the construction.Since construction started in August 2018, one change order and two work directives were approved.Change Order #1: No change in calendar days to revise the surfacing sectionWork Directive #1: Added 8 calendar days to add work at the Kingdom Hall ChurchWork Directive #2: Added 14 calendar days for additional sub-excavation workWork Directive #2: Added 21 calendar days for delays due to Northwestern Energy gas andpower relocations in the active work areasThe current construction contract is based on 213 calendar days, which is 93 days over RPA's originalconstruction phase contract. This amendment #5 includes the additional field and office days to match thecontractor's current contract time.TASK 1: EXTRA BID TO AWARD PHASEThis task is additional work provided during the bid to award phase of the project, outside the scope of theAmendment #3 items of work.ManagementThis activity includes preparing 2 additional invoices with a project status update per month, beyond theoriginal contract. The work for preparing this amendment is included in task 2.Robert Peccia and AssociatesPage 1 of 3Exhibit C240
Baxter Lane Improvements,from Davis Lane to 19th AvenueScope of Services, August 2019Extra Items of WorkThe extra items of work include 6 on-site meetings with Rocky Mountain Contractors, Centurylink,Charter, Northwestern Energy, and a Minnesota fiber company. This work also includes sendingelectronic files and subsequent coordination for the relocations and conflicts.RPA reviewed three sets of plans for utility relocations and provided comments.RPA worked with Knife River prior to the Award to develop cost saving options to reduce the constructioncost to within the City's budgeted amount.RPA revised the plans, specifications and quantities for the cost saving options approved by the City.Those included revising the pavement section and grading, eliminating the chip seal, replacingthermoplastic with epoxy, and additional pavement marking removals.RPA revised the plans after 100% completion for right-of-way acquisitions and agreement requirements.One item is revising the sidewalk layout at the Peterson parcel after it was sold. Another includes revisingthe post office design for a new storm pond location, parking lot expansion, lighting adjustments. The finalone is plan revisions for not obtaining the construction permit on Parcel 2A which included revisions forthe water main, grading, lights, and construction limits.RPA staked the electrical, storm drain, and gas conflict locations. This staking is in addition to the right-of-way staking as part of Amendment #3.RPA also revised the signal and light pole locations in the NW quadrant of Baxter/Davis, to coordinatewith Northwestern Energy's relocation plan for the overhead power and new poles.RPA updated the expired 404 and 124 permits. The specification book was updated with the revisedpermits.RPA also provided an internal QA/QC review for the changes noted above.TASK 2: EXTRA CONSTRUCTION PHASEThis task is providing construction management and administration during the construction of the projectfor an additional 93 calendar days, which are approximately 50 field working days and an additional 3office days, based on 8-hour days.ManagementThis activity includes preparing 3 additional invoices with a project status update per month, beyond theoriginal contract. It also includes preparing this amendment, accounting system adjustments, andprincipal review.Construction Administration and ObservationThe Consultant will assign a Resident Project Representative (RPR) to act as the construction observerand project administrator for the project. Duties include field checks of materials and equipment,documentation, overseeing required testing, reporting deficient work, verifying all testing, maintaining allfiles and log books, and conducting inspections.This Representative will be on-site eight (8) hours per day during construction activities and will observethe Contractor's performance in comparison to plans and specifications. The RPR will be budgeted to beRobert Peccia and AssociatesPage 2 of 3Exhibit C241
Baxter Lane Improvements,from Davis Lane to 19th AvenueScope ofSen/ices, August 2019on-site 40 hours/week and will have an additional office time. Additionally, other members of theConsultant's team will periodically be needed to assist during construction either in the office or on-site.No quality control testing of material is included in this agreement. Such independent testing laboratorywork will be required to be contracted through the selected Contractor with the laboratory test resultsbeing submitted simultaneously to the Contractor and Consultant for review.Partial Pay RequestsPartial Pay Requests are processed periodically throughout the course of the construction project. Normalprojects allow the Contractor to request partial payments every 30-days. The Consultant is responsiblefor certifying each pay request. This amendment covers an additional 3 pay applications beyond theoriginal contract.Robert Peccia and AssociatesPage 3 of 3Exhibit C242
ROBERT PECCIA & ASSOCIATESAMENDMENT NO. 5BID TO AWARD PHASE - TIME & MATERIALSBaxter & Davis Improvements ProjectBozeman. MTAttachment D-1Work Item/SubtaskPerson HoursPrincipal Project Designer Sun/eyor Surveyor Acctng. TotalManager Sr. Jr. Person$51.19 $45.67 $38.70 <43.50 $27.65 $37.50 HoursBID TO AWARD PHASE -ADDITIONAL TIMEManagement (2 additional invoices)6 on-site meetings with utility companies during relocations, send files,coordinate relocationsReview 3 utiltiy company relocation plansCost saving analysis with Knife River prior to AwardRevise plans for Cost Savings measures and re-issue sheetsAdd 'Not in Contract' at Parcel #9 (Jehovah's church), revise quantities,plans & bid bookRevise sidewalk location & driveway at Peterson parcel after saleRevise plans for post-office R/W agreement for moving pond & adjustingstorm outfalls with parking lot expansion and move lightsPlan changes for not acquiring Parcel #2A (water main, fill slopes)Additional staking of electrical and storm for utility companies and gasconflict points, in additional to R/W staking as part of Out of Scope work inAmendment #3 (2@10 hour days from Helena) & export filesRevise signal & light pole location for Northweslern's overhead relocationplan conflict, coordinate design vwth NorthwesternUpdate expired 404 & 124 PermitsQAQC for R/W agreement plan changes & revisions111824624248214824166624442121262462549248327328912TOTAL PERSON^OURS:LABOR COST PER EMPLOYEE:11$563.09121$5,526.0784»3,250.8012$522.0012$522.002$75.00242$10,458.96DIRECT EXPENSESEquipment (Computers at $2.50/hour)Equipment (CADD software at $7.00/hour)Surveyor mealsG PS (1 day)Mileage - 6 trips from Bozeman office to job site ($0.58/mlle 2WD)Mileage -1 trips from HLN office to jobsite($0.63/mile 4WD)Total:$393.75$799.75$23.77$360.00$41.76$126.00$1,745.03Assumptions / Exclusions:NoneSUMMARY OF ENGINEERING SERVICESDirect LaborOverhead (Current OH Rate X Direct Labor) (1.6500)$10.458.36(17,257.28Subtotal Labor Cost:Direct ExpensesSubtotal Project Costs:Profit (15% of Loaded Labor):Total Engineering Fee (Rounded):(27,716.24$1,745.03(29,461.27M.157.44$33,620243
ROBERT PECCIA & ASSOCIATESAMENDMENT NO.5CONSTRUCTION PHASE - TIME & MATERIACSBaxter & Davis Improvements ProjectBozeman, MTAttachment D-2Work Item/SubtaskPerson HoursPrincipal Project Construction Accfaig.Manager Inspector$60.14 $47.16 $3?.00 S38.61TotalPersonHoursCONSTRUCTION PHASE -ADDITIONAL TIMEManagement (3 additional invoices & prepare amendment)Construction Administration/Observation - Office & Misc. CoordinationConstruction Administration/Observation - FieldPay Requests (3 additional)1g6244003414244009TOTAL PERSON-HOURS:LABOR COST PER EMPLOYEE:$60.1415$707.40427t14,091.004$184.04447$15,012.58DIRECT EXPENSESEquipment (Computers at $2.50/hour)Gallatin County Per Diem - Day ($61/day Meals & Incidentals, Tues-Thurs.)Gallatin County Per Diem - Day ($45.75/day Meals & Incidentals, Men.& Fri.)Gallatin County Per Diem - Overnight ($160/night lodging. June to Aug. 8 weeks)Gallatin County Per Diem - Overnight ($95/night lodging, May, 2 weeks)Mileage -10 trips from HLN office to jobsite($0.63/mile 4WD)Total:SUMMARY OF ENGINEERING SERVICESDirect LaborOverhead (Current OH Rate X Direct Labor) (1.6500)Subtotal Labor Cost:Direct ExpensesSubtotal Project Costs:Profit (15% of Loaded Labor):Total Engineering Fee (Rounded):$110.00$1,830.00$815.00$5,120.00$760.00$1,260.00$9,995.00$15,012.58$24,770.76$39,783.34$9,995.00$49,778.34$5,967.50®11 $55,700Assumptions / Exclusions:Construction Obsen/ation will be full time and includes 8hours per day on-site.Contract is estimated at 93 calendar days (10 weeks), use 50field work days & 3 office work days.For an experienced inspector from the Helena office.Mileage from helena is once per week for 10 weeks.Overnight per diem is 4 days per week for 10 weeks. Mealsare full day cost for 3 days a week. Meals on Monday andFriday are at 75% per federal GSA allowable rates.244