HomeMy WebLinkAbout19- Amendment 5 to PSA - Robert Peccia and Associates - Baxter Davis Intersection Improvements Amendment No. 5 to Professional Services Agreement
for Baxter Davis Intersection Improvements
THIS AGREEMENT is made as of this 1 1p day of Sr pk,,ajopr ,2019,
between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana,herein referred to
as OWNER and Robert Peccia and Associates,Helena,Montana, 59604, an Engineering Consulting
Firm of Helena,Montana,herein referred to as ENGINEER.
WHEREAS,the parties have entered into a Professional Services Agreement dated December
1, 2014,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 additional work during the bidding and construction phases for the
Baxter Lane Improvements Project from Davis Lane to 19`h 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 SERVICE
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 4.8 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 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 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
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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 $11,740.03 which includes $ 0.00 for
consultants employed by the Engineer and $11,740.03 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
7.3 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 $1 0.14/hour
Project Manager $47.16/hour
Design Engineer $38.70/hour
Senior Surveyor $43.50/hour
Junior Surveyor $27.65/hour
Construction Inspector $33.00/hour
Accounting $38.51/hour
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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.
CITY OF BOZEMAN,MONTANA ENGINEER
BY: BY:
(City Manager) (President)
L 4
APPRO S O FORM
By:
ty Attorney)
ATTEST: n«
�..0, . . . ,Z6 .
Cr a
(City Clerk)
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t9�jN GO,;Nso. .
3
Baxter Lane Improvements,
from Davis Lane to 191h Avenue Scope of Services, August 2019
EXHIBIT
DAVISBAXTER IIMPROVEMENTS
Amendment#5 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 the
Baxter Lane Improvements Project from Davis Lane to North 191h Avenue. These items of work are
outside the original scope of services approved May 9, 2016 as part of Amendment #3. Specific work
items are described in the following sections.
This contract amendment #5 also includes additional services to complete the construction phase of the
Baxter Lane Improvements Project from Davis Lane to North 191h Avenue. The previous Amendment#3
for the original scope of construction services was dated May 9, 2016 and was based on 120 calendar
days to complete the construction phase. Amendment#3 was approved based on the project scope and
design 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. The
additional items of work included PCCP driveways, the post office parking lot expansion with lighting
relocations, fencing, landscaping, sprinklers, and additional asphalt driveways. The extra work increased
the 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 section
• Work Directive#1:Added 8 calendar days to add work at the Kingdom Hall Church
• Work Directive#2:Added 14 calendar days for additional sub-excavation work
• Work Directive #2: Added 21 calendar days for delays due to Northwestern Energy gas and
power relocations in the active work areas
The current construction contract is based on 213 calendar days, which is 93 days over RPA's original
construction phase contract. This amendment#5 includes the additional field and office days to match the
contractor's current contract time.
TASK 1 : EXTRA BID TO AWARD PHASE
This task is additional work provided during the bid to award phase of the project, outside the scope of the
Amendment#3 items of work.
Management
This activity includes preparing 2 additional invoices with a project status update per month, beyond the
original contract. The work for preparing this amendment is included in task 2.
Robert Peccia and Associates Page 1 of 3 Exhibit C
Baxter Lane Improvements,
from Davis Lane to 19th Avenue Scope of Services, August 2019
Extra Items of Work
The 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 sending
electronic 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 construction
cost 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, replacing
thermoplastic 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 revising
the post office design for a new storm pond location, parking lot expansion, lighting adjustments. The final
one is plan revisions for not obtaining the construction permit on Parcel 2A which included revisions for
the 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 coordinate
with 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 revised
permits.
RPA also provided an internal QA/QC review for the changes noted above.
TASK 2: EXTRA CONSTRUCTION PHASE
This task is providing construction management and administration during the construction of the project
for an additional 93 calendar days, which are approximately 50 field working days and an additional 3
office days, based on 8-hour days.
Management
This activity includes preparing 3 additional invoices with a project status update per month, beyond the
original contract. It also includes preparing this amendment, accounting system adjustments, and
principal review.
Construction Administration and Observation
The Consultant 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 plans and specifications. The RPR will be budgeted to be
Robert Peccia and Associates Page 2 of 3 Exhibit C
Baxter Lane Improvements,
from Davis Lane to 19th Avenue Scope of Services, August 2019
on-site 40 hours/week and will have an additional office time. Additionally, other members of the
Consultant'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 laboratory
work will be required to be contracted through the selected Contractor with the laboratory test results
being submitted simultaneously to the Contractor and Consultant for review.
Partial Pay Requests
Partial Pay Requests are processed periodically throughout the course of the construction project. Normal
projects allow the Contractor to request partial payments every 30-days. The Consultant is responsible
for certifying each pay request. This amendment covers an additional 3 pay applications beyond the
original contract.
Robert Peccia and Associates Page 3 of 3 Exhibit C
ROBERT PECCIA&ASSOCIATES Baxter&Davis Improvements Project
Bozeman,MT
AMENDMENT NO.5 Attachment D-1
BID TO AWARD PHASE-TIME &MATERIALS
Person Hours
Principal Project Designer Surveyor Surveyor Acctng. Total
Work ItemfSubtask Manager Sr. Jr. Person
$51.19 $45.67 $38.70 $43.50 $27.65 $37.50 Hours
BID TO AWARD PHASE-ADDITIONAL TIME
Management(2 additional invoices) 4 2 6
6 on-site meetings with utility companies during relocations,send files,
coordinate relocations 24 24
Review 3 utilii company relocation plans 6 6
Cost saving analysis wdh Knife River prior to Award 1 24 25
Revise plans for Cost Savings measures and re-issue sheets 1 24 24 49
Add'Not in Contract'at Parcel#9(Jehovah's church),revise quantities,
plans&bid book 8 16 24
Revise sidewalk location&driveway at Peterson parcel after sale 2 6 8
Revise plans for post-office R/W agreement for moving pond&adjusting
storm outfalls wilh parking lot expansion and move lights 8 12 12 32
Plan changes for not acquiring Parcel#2A(water main,fill slopes) 1 6 7
Additional staking of eleclrical and storm for utility companies and gas
conflict points,in additional to R/W slaking as part of Out of Scope work in
Amendment#3(2@10 hour days from Helena)&export files 8 24 32
Revise signal&light pole location for Northwestern's overhead relocation
plan conflict,coordinate design with Northwestern 4 4 8
Update expired 404&124 Permits 1 a g
QAQC for R/W agreement plan changes&revisions 8 4 12
TOTAL PERSON-HOURS: 11 121 84 12 12 2 242
LABOR COST PER EMPLOYEE: $563.09 $5,526.07 $3,250.80 $522.00 $522.00 $75.00 $10,458.96
DIRECT EXPENSES Assumptions I Exclusions:
None
Equipment(Computers at$2.50/hour) $393.75
Equipment(CADD software at$7.00/hour) $799.75
Surveyor meals $23.77
GPS(1 day) $360.00
Mileage-6 trips from Bozeman office to job site($0.58/mile 2WD) $41.76
Mileage-1 trips from HLN office to jobsile($0.63/mile 4WD) $126.00
Total: $1,745.03
SUMMARY OF ENGINEERING SERVICES
Direct Labor $10.458.96
Overhead(Current OH Rate X Direct Labor)(1.6500) $17,257.28
Subtotal Labor Cost: $27,716.24
Direct Expenses $1,745.03
Subtotal Project Costs: $29,461.27
Profit(15%of Loaded Labor): $4,157.44
Total Engineering Fee(Rounded): $33,620
ROBERT PECCIA&ASSOCIATES Baxter&Davis Improvements Project
Bozeman,MT
AMENDMENT NO.5 Attachment D-2
low
CONSTRUCTION PHASE -TIME & MATERIALS
Person Hours
Principal Project Construction Acctng. Total
Work Item/Subtask Manager Inspector Person
$60.14 $47.16 $33.00 $38.61 Hours
CONSTRUCTION PHASE-ADDITIONAL TIME
Management(3 additional invoices&prepare amendment) 1 9 4 14
Construction Administration/Observation-Office&Misc.Coordination 24 24
Construction Administration/Observation-Field 400 400
Pay Requests(3 additional) 6 3 9
TOTAL PERSON-HOURS: 1 16 427 4 447
LABOR COST PER EMPLOYEE: $60.14 $707.40 $14,091.00 $154.04 $15,012.58
DIRECT EXPENSES Assumptions/Exclusions:
Construction Observation will be full time and includes 8
Equipment(Computers at$2.50/hour) $110.00 hours per day on-site.
Gallatin County Per Diem-Day($61/day Meals&Incidentals,Tues-Thurs.) $1,830.00 Contract is estimated at 93 calendar days(10 weeks),use 50
Gallatin CountyPer Diem-Da $45.75/da Meals&Incidentals,Mon.&Fri. field work days&3 office work days.
y( Y ) $915.00 For an experienced inspector from the Helena office.
Gallatin County Per Diem-Overnight($160/night lodging,June to Aug.8 weeks) $5,120.00
Gallatin County Per Diem-Overnight($95/night lodging,May,2 weeks) $760.00
Mileage-10 trips from HLN office to jobsite($0.63/mile 4WD) $1,260,00
Total: $9,995.00
SUMMARY OF ENGINEERING SERVICES Mileage from helena is once per week for 10 weeks.
Overnight per diem is 4 days perweek for 10 weeks.Meals
are full day cost for 3 days a week.Meals on Monday and
Direct Labor $15,012.58 Friday are at 75%perfederal GSA allowable rates.
Overhead(Current OH Rate X Direct Labor)(1.6500) $24,770.76
Subtotal Labor Cost: $39,783.34
Direct Expenses $9,995.00
Subtotal Project Costs: $49,778.34
Profit(15%of Loaded Labor): $5,967.50
Total Engineering Fee(Rounded): $66,700