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Home My WebLink About06- Durston Road Improvements, Amend. No. 3 to Prof. Services Agreement , AMENDMENT NO.3 TO PROFESSIONAL SERVICES AGREEMENT Durston Road Improvements (North 71h - North 19th) ,~ \AJ TlIlS A~GREEMENT made as ~fthe 31 day of ,j--,~~, 2006: between THlc CITY OF BOZEMAN, a MUl1lclpal (orporatJon, BOLeman, Montana, herem refcn'ed to as OWNER and HKM, EngineerIng Inc., P.O. Box 313I8, BillIngs, Montana, 59107-1318, herein refuTed to as ENGINEER. WHEREAS, the parties have entered mto a Professional Services Agreement dated August 7, 1995, herem refened to as Original Agreement, for professional engmeerIng services for the Improvements to Durston Road (North ih - North I9th); and WHEREAS, the parties desIre to amend the provisions of this Agreement, NOW, TI-lEREFORE, TN CONSIDERA TlON OF THE MUTUAL COVENANTS CONTAINED HEREIN, the parties agree as follows: RevIse ArtIcle 6 "Compensation for Engmeering Service" as follows: 6.1 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER 6 I.I The OWNER shall pay for design phase services perfonned as BasIc Engineering Services under sectIOns 4.1 through 4.4 oftllls agreement a direct labor cost payment in the amount 0 r $3I8, 757 for such servIces. 6.I 2 Payment Schedule. Total cumulative payments for the design phase engineering services (sectIon 4 1 through 4.4) shall not exceed the followmg ceIlmgs: $38,396.00 until the Pre-design InvestigatIOn Report has been submItted to the OWNER. Note: ThIS phase IS complete and payment has been received. -1- H'\02\M22rJ129\ContractsIAMEND3 doc 07/19106 \9! 3.27 PM , $223,130 (70(10 of design fee) until Preliminary Design Report and Preliminary Plans and Specifications have been submitted to the OWNER and review authorities. $286,88I (9001.1 of design fee) until the Final Plans and Speci fications have been submitted to the OWNER and review authorities, 6.2 DIRI!:CT LABOR COST IJA YMENT FOR BASIC SI!:RVICES AND EXPENSES OF ENGINEER. Construction and project documentation services performed as Basic Engineering Services under sections 4.5 through 4.7 including General Administration of Construction Contract, Resident Project Representation, Project Documentation, and Construction Testing 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 $219,741 except as provided under 6,2.1,2 and 6.2.4. 6,2.2 Reill1bursable 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 actual amount of the costs incurred up to an amount not to exceed $32,630,00 which includes $8,340.00 for consultants employed by the Engineer and $24,290,00 for all other reimbursable expenses, The estimated reimbursable expenses are identi fied in Exhibit "0", Section 7,3, rE;vise the direct labor costs provided previouslv as follows: Principals $ 50 Ihour Project Manager $ 32 Ihour Senior Professional $ 36 Ihour Staff Professional $ 25 Ihour Senior Technicians $ 24 /hour Technicians $ 16 Ihour Two Person Survey Crew $ 43 Ihour Support I Clerical $ 15 Ihour -2- H :\02\M229129\ContractsIAMEND3,doc 07/19/06 @ 3:27 PM ;- Except as specifically amended herein, the Original Agreement on August 7, I995 and any subsequent amendments shall remain in full force and effect and the parties shall be bound by all terms and conditions therein. -3- H\02\M229129\Contracts\AMEN 03.doc 07/19/06 @ 3:27 PM .. IN WITNESS WHEREOF, the parties hereto do make and execute this Agreement on the day and year first above written. ATTEST: < i;;..--' . __2~ Brit Fontenot City Clerk ATTEST: By:__ H :\02\M229129\Contracts\AMEND3.doc 07/19/06 @ 3:27 PM CITY OF BOZEMAN By~j~' Chris A, Kukulski City Manager HKM Engineering Inc. ~~cs I~~ f tW- -4- ; Exhibit "D" Durston Road Improvements, North ih to North I9th ..- -' EXPENSE f-_.- -...- -". u.._ -. ..- ___.u.. Travel .-..- -.... . .- Materials, PO~!<l~~_(~nd Supplies Reproductions .~ ... E;9uipment Rental ","-' ~._,"'-- > Inspection V ehi~!e u Testing (HKM Lab) . ---. Marvin and Associates ...-- - .~""... -.- -... _n."" -. COST ..-.".....--.-.- -- u. -"...".--..... ---. .--.- $700.00 .,-.......-..,.- .....--..-.--- .---.-..".. $1,000.00 ---- $250.00 $6,000.00 $16,340.00 $8,340.000 _uo_.". TOTAL $32,630.0 .-- ---..- ---.-..-..--.-.....-.--.--...-.., ,..--. -5- H:\02\M229129\Contracts\AMEND3.doc 07/19106 @ 3:27 PM , H'\02\M229129\ConstAdmin\Work Directives & Change Orders\CO-1,doc 'I, CHANGE ORDER DATE OF ISSUANCE 9/5/2006 No.1 EFFECTIVE DATE t i) /2.-76- I I You are directed to- Blake the following '~hanges'ln the Contract Documents: Description: Replace 10" water valve at intersection of 15th Ave and Druston Rd. as described in Work Directive # 1 OWNER ~ty_of Bozeman Contract: Proj ect: Durston Road Reconstruction - N ih to N 19th ENGINEER HKM Engineering. Inc. CONTRACTOR JTL Group. Inc- Belgrade OWNER's Contract No, ENGINEER's Contract No. 02M229.129 Reason for Change Order: Additional work requested by City of Bozeman Water Dept, Attachments: (List documents supporting change) Work Directive #1, JTL letters dated 7/14/06 and 9/5/06 I CHANGE IN CONTRACT PRICE: I Ongmal Contract Price $ 2.306.869.95 Net Increase (Decrease) from prevlOUS Change Orders No. N/A to N/A $ 0.00 Contract Price prior to this Change Order: $ 2.306.869.95 Net mcrease (decrease) of thls Change Order: $ 5.535.00 Contract Price wlth all approved Change Orders: $ 2.312,404.95 CHANGE IN CONTRACT TIMES: Origmal Contract Times: Substanhal Completion: 120 days Ready for final payment: Calendar Days (days or dates)' Net change from previous Change Orders No._to No. Substantial CompletlOn: 0 Ready for final payment: Per General Conditions (davs) Contract Times pnor to this Change Order: Substantial CompletlOn: 10/17/2006 Ready for final payment: Per General Conditions (days or dates) Net increase (decrease) tIus Change Order: Substantial Completion: I day Ready for final payment: Per General Conditions (dav;J Contract Times with all approved Change Ordcrs: Substanhal Completion: 1 0/18/2006 Ready for final payment: Per General Conditions (days or dates) Contractor certifies and agrees that there are no additional costs or claims for extra work, addltional time, delays or omltted items, of any nature whatsoever, assocIated with the subject change order items, except as identlfied and set forth herem and unless expressly stated otherwise in the Change Order. And further, that the price agreed- upon herein represents the full cost and value for the subject work pertomled and the matenals supplied under the tenns of the contract and that the work quanhties and value were properly detemlined and are correct. ~ IL &.# 9-/7 -1/6 CONTRACTOR (Authonzed Signature) Date RECOMMENDED BY:HKM Engineering. Inc. ~/S/C(J Date' I ~t~ OWNER (Authorized Si!o,'11aturc) I 0/3 Ii I I Date Page 1 i HKM Engineering Inc. Work Directive No. 1 WORK CHANGE DIRECTIVE PROJECT: Durston Road Reconstruction North 7th Ave. to North 19th Ave OWNER: ATTN: Bob Murrav City of Bozeman Engineering Department 20 East Olive Bozeman. Mt 59715 CONTRACTOR: JTL Group Inc. 21730 Frontage Road P.O. Box 9 Belgrade. MT 59714 i You are directed to proceed promptly with the following change( s): DATE OF ISSUANCE: Julv 18.2006 OWNERS PROJECT NO, ENGINEERS PROJECT NO. 02M229.129 ENGINEER: Zach Lowe. P.E. CONTRACT FOR: $2.306.869.95 Replace the existing lO~inch water valve and valve box on a fire hydrant at North 17th Avenue and Durston, Approximate stationing 16+45. < Attachments: (List documents supporting changes) Change requested by the City of Bozeman Water Department If a claim is made that the above change(s) have affected Contract Price or Contract Time, any claim for a Change Order based thereon will involve one of the following methods of determining the effect of the change(s). Method of determining change in Contract Price: [g] Time and materials o Unit Price o Cost plus fixed fee [g] Other Estimated increase in Contract Price: $5.535.00 (not to exceed amount oer JTL letter dated 7/14/06) If the change involves an increase, the estimated amount is not to be exceeded without further authorization. RECOMMENDED: ?~ '/ Engineer Date 7-/8~ob H :\02\M229129\ConstAdmin\ Work Directives\ WorkChangeDirective _ #1.doc Method of determining change in Contract Time: o Contractor's records o Engineer's records r8J Other N/ A Estimated increase (decrease) in Contract Time: 0 days. If the change involves an increase, the estimate time IS not to be exceeded without further authorization. A~ By /f'~~4 / Owner ' , ll2Jv1'Z.2.~ ,/'lJ} e i . (406) 388-6832.21730 FRONTAGE ROAD - P.O. BOX 9. BELGRADE. MONTANA 59714 July 14,2006 Ralph Gwney P.E. HKM Engineering Inc. 222 North)2ndStreet, Suite 700 Billings, MT59107 RE: Durston Road Reconstruction North 7th Avenue to North 19th Avenue ._---,~~_.., .,.--" - -." Ralph, We have been asked to furnish pricing to replace alO-inch water valve and valve box on a fire hydrant at North 1 ih Avenue and Durston. The old lO-inch valve can be removed and a new 10-inch gate valve and valve box can be installed using a solid sleeve to make the connection for $5,535.00. If you have any questions please call me at 388-6832 extension 19. ~ /L;!;wJtP Steven R. Baeth JTL Group, Inc. steve. baeth(iV,j tIgroup.com '.,....,....~i~.,~.,:::-:--':',.'."."':"~)~. ':'" . WE ARE AN EQUAL OPPORTUNITY EMPLOYER , 09/05/2006 09:11 FAX 406 388 8347 .. " JTL GROUP -lo HKM --- --- J'.,. L-. ",- .... J 1 ~ '- - I \I \.... ~~ (406) 388.B83~. 21730 FRONTAGE ROAD - P.O. BOX 9. BELGRADE, MONTANA 59714 September 5, 2006 Zach Lowe P.E. / Ralph Gurney P.E. HKM Engineering Inc. 222 North 32"<1 Street, Suite 700 Billings, MT 59107 RE: Durston Road Reconstruction North 7th Avenue to North 19th Avenue Zach/Ralph, .TTt Group, Inc. is requesting one additional contract day for the installation of the 10- Inch Water Valve and Valve Box at station 16+45. If you havc any questions please call me at 388-6832 extension 19. Sincerely, ~. fL (j~ Steven R. Baeth JTL Group, Inc. steve. baeth(a1itlgroup,com . we ARE AN E;aUAL OPPORTUNITY EMPLOYER I{!J uu.o: