HomeMy WebLinkAbout20- Amendment 8 to PSA - Robert Peccia and Associates - Durston and Cottonwood Roads Improvements Project Amendment No. 8 to Professional Services Agreement
for Durston and Cottonwood Roads Improvements Proiect
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THIS AGREEMENT is made as of this 13�" day of
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 ENGINEER.
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 p
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 ".
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 $60.14/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 BOZEMAN, MONTANA ENGINEER
BY: �h � BY:
lnktr,`� (Ci Manager) (President)
APPRO D
By:
City grney:)
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ATTEST: '��'OF■ � O2'C��r
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l.� nw.(City Clerk) -=` -- =_•Q' .
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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
ROBERT PECCIA&ASSOCIATES Durston from Flanders to Fowler
Bozeman,MT
AMENDMENT NO.8 WAY Attachment D-2
CONSTRUCTION PHASE -TIME & MATERIALS
Person Hours
Principal Project Construction Acctng. Total
Work Item/Subtask Manager Inspector Person
$60.14 $47.16 $33.00 $38.51 Hours
CONSTRUCTION PHASE-ADDITIONAL TIME
Management(4 additional invoices&prepare amendment) 2 12 5 19
Construction Administration/Observation-Office&Misc.Coordination 40 40 80
Construction Administration/Observation-Field 600 600
Pay Requests(4 additional) 12 4 16
TOTAL PERSON-HOURS: 2 64 644 6 715
LABOR COST PER EMPLOYEE: $120.28 $3,018.24 $21,252.00 $192.56 $24,683.07
DIRECT EXPENSES Assumptions/Exclusions:
Construction Observation will be full time and includes 8
Equipment(Computers at$2.50/hour) $277.50 hours per day on-site.
Gallatin County Per Diem-Day($61/day Meals&Incidentals,Tues-Thurs.) $2,745.00 Contract is estimated at 106 calendar days(15 weeks),use
Gallatin County Per Diem-Day(545.75/day Meals 8 Incidentals,Mon.8 Fri.) $1,372.50 75 field work days&10 office work days.
Gallatin CountyPer Diem-Overnight $160/ni ht lodging,June to Aug. 3 weeks For an experienced inspectorfrom the Helena office.
9 ( 9 9� ) $8,320.00
Gallatin County Per Diem-Overnight($95/night lodging,May,2 weeks) $760.00
Mileage-15 trips from HLN office to jobsile($0.63/mile 4WD) $1,890.00
Total: $15,365.00
SUMMARY OF ENGINEERING SERVICES Mileage from helena is once perweek for 15 weeks.
Overnight perdiem is 4 days perweek for 15 weeks.Meals
are full day cost for 3 days a week.Meals on Monday and
Direct Labor $24,583.07 Friday are at 75%per federal GSA allowable rates.
Overhead(Current OH Rate X Direct Labor)(1.6500) $40,562.07
Subtotal LaborCosl: $65,145.14
Direct Expenses $15,365.00
Subtotal Project Costs: $80,510.14
Profit(15%of Loaded Labor): $9,771.77
Total Engineering Fee(Rounded): $90,300