HomeMy WebLinkAbout01-13-20 City Commission Packet Materials - C4. Amendment 8 to the Durston and Cottownwood Roads Improvements ProjectCommission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Bob Murray, Project Engineer
Shawn Kohtz, City Engineer
SUBJECT: Durston and Cottonwood Roads Improvements Project – Amendment No.
8 for the Durston Road from Flanders Mill to Fowler Avenue Construction Phase.
MEETING DATE: January 13th
, 2020
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Approve and authorize City Manager to sign Amendment No. 8 with
Robert Peccia and Associates.
BACKGROUND: Attached is a copy of the partially executed Amendment No. 8 with Robert
Peccia and Associates for the Durston and Cottonwood Roads Improvements Project. The
document is in the City’s standard format.
An amendment adding the bidding and construction phase services was approved in 2018 for this
project. At that time, the scope of work only included the roundabout and Durston between
Flanders Mill and Sanders with an anticipated contract time of 90 calendar days. Only 1 bid was
received at that letting and it was much higher than expected and rejected for that reason. The
project was repackaged to include the additional section of Durston between Sanders and Fowler
in an attempt to garner more interest for the project. The additional project scope required the
contract time be increased to 180 calendar days, but the engineering contract was never adjusted.
This amendment will increase the construction phase services to account for the added contract
time as well as a few minor time extension that have been approved to date on the project. The
construction phase is 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: $90,300.00 from the Street Impact Fee and Arterial/Collector Fund.
Attachments: Amendment No. 8
Report compiled on: 12/31/19
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Amendment No. 8 to Professional Services Agreement
for Durston and Cottonwood Roads Improvements Project
THIS AGREEMENT is made as of this 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 Helena, Montana, herein referred to as ENGFNEER.
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 additional work during the phase for the Durston Road Improvements
Project from Flanders Mill to Fowler 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
$90.300.00 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 $15,365.00 which includes $ 0.00 _ for
consultants employed by the Engineer and $15,365.00 for all other reimbursable expenses. The
estimated reimbursable expenses are identified in Exhibit" D tl
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, drafiters, 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
Project Manager
Design Engineer
Senior Surveyor
Junior Surveyor
Construction Inspector
Accounting
$60.14/hour
$47.16/hour
$38.70/hour
$43.50/hour
$27.65/hour
$33,00/hour
$38.51/hour
2
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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
BY:
(City Manager)
ENGINEER
BY: ^T^ ^
(President)
APPROVED AS TO FORM
By:_
(City Attorney)
ATTEST:
BY:_
(City Clerk)
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Durston and Cottonwood Road Improvements,
Durston Road from Flanders Mill to Fowler Scope of Services, December 2019
EXHIBIT C
DURSTON AND COTTONWOOD ROAD IMPROVEMENTS PROJECT
Amendment #8
TASK 1 - EXTRA CONSTRUCTION PHASE (TIME & MATERIALS)
This Contract Amendment #8 includes additional services to complete the construction phase of the
Durston Road Improvements Project from Flanders Mill to Fowler Avenue. The previous Amendment #5
was for the construction services (Amendment #5 approved on August 6, 2018) based on the Contractor
having 90 calendar days to complete the construction phase. Amendment #5 was approved based on the
project scope in 2018 which included Durston Road from Flanders Mill to Sanders Avenue.
The section of Durston Road from Sanders to Fowler was added to the scope of the project after the
unsuccessful bidding of Flanders Mill to Sanders in May 2018. After the project was extended to Fowler
(Design Amendment #6 approved October 8, 2018), the project was re-advertised and re-bid in May 2019
with a new total of 180 calendar days for Durston Road construction from Flanders Mill to Fowler.
The project was advertised and bid twice. However, RPA completed all the work in this phase within the
original fee in the Bid-To-Award phase (Amendment #6). No additional compensation is necessary.
The Contractor's Contract with the City is based on 180 calendar days. Since construction started in July
2019, various work directives were approved that include two additional calendar days. Two change
orders are currently being processed that include an additional 14 calendar days (7 for opening the
Yellowstone detour and 7 for utility delays).
After the change orders are approved, the Contractor's Contract will contain 196 calendar days. That is
106 days over RPA's Contract for construction administration and management. This Amendment #8
includes the additional field and office days to match the Contractor's contract time.
TASK 1: EXTRA CONSTRUCTION PHASE
This task is providing construction management and administration during the construction of the project
for an additional 106 calendar days, which are approximately 75 field working days and 10 office days.
Management
This activity includes preparing this amendment, preparing four additional RPA invoices with a status
update, accounting system adjustments, and principal review.
Construction Administration and Observation
RPA's Resident Project Representative (RPR) will observe, inspect, and document the construction
activities. The RPR will be on-site eight 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 on-
site 40 hours per week with additional office time. The Project Manager and other members of RPA'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 amendment.
Partial Pay Requests
This amendment covers reviewing, preparing, and submitting an additional four pay applications for the
Contractor beyond the original contract.
Robert Peccia and Associates Page 1 of 1 Exhibit C
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ROBERT PECCIA & ASSOCIATES
AMENDMENT NO. 8
CONSTRUCTION PHASE - TIME &
Dureton from Flanders to Fowler
Bozeman, MT
Attachment D-2
Work Item/Subtask
Person Hours
Principal Project ConttrucUon Acctng.
Manager Inipector
(»0.14 $47.16 $33.(X) $38.81
Total
Person
Houn
CONSTRUCTION PHASE - ADDITIONAL TIME
Management (4 additional invoices & prepare amendment)
Construction Administration/Observation - Office & Misc. Coordination
Construction Administration/Observation - Field
Pay Requests (4 additional)
2 12
40
12
40
600
4
5 19
80
600
16
TOTAL PERSON.HOURS:
LABOR COST PER EMPLOYEE: $120.28 $3,018.24
M4
$21,252.00 $19».66
718
»24,6»3.07
DIRECT EXPENSES
Equipment (Computers at $2.50/hour)
Gallatin County Per Diem - Day ($61/day Meals S, Incidentals, Tues-Thurs.)
Gallatln County Per Diem - Day ($45.75/day Meals 8. Inddentals, Mon. S. Frf.)
Gallatin County Per Diem - Overnight ($160/night lodging, June to Aug. 13 weeks)
Gallatin County Per Diem - Overnight ($95/night lodging, May, 2 weeks)
Mileage -15 trips from HLN office to Jobsite($0.63/mile 4WD)
Total:
SUMMARY OF ENGINEERING SERVICES
Direct Labor
Overhead (Current OH Rate X Direct Labor) (1.6500)
Subtotal Labor Cost:
Direct Expenses
Subtotal Project Costs:
Profit (15% of Loaded Labor):
jTptal Engineering Fee (Rounded):
$277.50
$2,745.00
$1,372.50
$8,320.00
$760.00
$1,890.00
$15,365.00
$24,583.07
(40,562.07
$65,145.14
$15.365.00
$80.510.14
$9,771.77
wf
^y $90,300
Asa iptiojis/ Exclusions:
Construction Observation will be full time and indudes 8
hours per day on-site.
Contract is estimated at 106 calendar days (15 weeks), use
75 field work days & 10 office work days.
For an experienced inspector from the Helena office.
Mileage from helena is once per week for 15 weeks.
Overnight per diem is 4 days per week for 1 5 weeks. Meals
are full day cost for 3 days a week. Meals on Monday and
Friday are at 75% per federal GSA allowable rates.
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