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12-01-20 City Commission Packet Materials - C7. Amend 5 to PSA w Morrison-Maierle, Inc for CIP Field Survey
Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Kellen Gamradt, Engineer II Shawn Kohtz, City Engineer SUBJECT: Authorize the City Manager to sign Amendment No. 5 to the Capital Improvement Projects Field Survey with Morrison-Maierle, Inc to facilitate an upcoming water renovations and shared use pathway project. AGENDA ITEM TYPE: Consent MEETING DATE: December 1, 2020 RECOMMENDATION: Approve and authorize the City Manager to sign Amendment No. 5 to the Capital Improvement Projects Field Survey with Morrison-Maierle, Inc to facilitate an upcoming water renovations and shared use pathway project. BACKGROUND: Attached is a copy of the partially executed amendment with Morrison- Maierle, which includes the City’s updated non-discrimination and equal pay provisions. This amendment will add a survey of North 7th Avenue from Oak Street to Juniper Street and a survey of the east shoulder of North 19th Avenue, as described in the attached scope of services. The North 7th survey will to be used for design of an upcoming water renovation project and the N 19th survey will be used for a shared use pathway connection along this corridor. The amendment will add work to our existing survey contract. Engineering staff have reviewed the amendment and found it to be commensurate with the work involved. UNRESOLVED ISSUES: None ALTERNATIVES: As suggested by the commission FISCAL EFFECTS: If approved, this amendment will increase the fee by $36,512.75 from $155,011.50 to $191,524.25. Attachments: Amendment 5, Scope & Fee, Original PSA 64 Fifth Amendment to Professional Services Agreement for Capital Improvements Field Survey Page 1 of 3 FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIFTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Capital Improvements Project Field Survey dated June 18, 2018 (the “Agreement”) is made and entered into this _____ day of ____________, 2020, by and between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and Morrison-Maierle, Inc., hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. Addition to Scope of Work. Task 1300 – 7th, 8th, Juniper, Birch, Hemlock and Task 1400 – N. 19th Pathway have been added to the scope of services. These tasks shall be completed using traditional survey methods and delivered to the City of Bozeman as weather allows. See Figures H and I. Task 1500 – N. 19th Wetland Technical Memorandum has been added to the scope of services. See Exhibit 1500. 2. Addition to Payment. See Exhibits 1300, 1400, 1500, and Summary – Fee Estimates attached. 3. Section 14 of the original Professional Services Agreement is hereby replaced in its entirety with the following: Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, 65 Fifth Amendment to Professional Services Agreement for Capital Improvements Field Survey Page 2 of 3 religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 4. Agreement still valid. All remaining terms and provisions of the original Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 66 Fifth Amendment to Professional Services Agreement for Capital Improvements Field Survey Page 3 of 3 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA MORRISON-MAIERLE By________________________________ By_____________________________ Jeff Mihelich, City Manager Print Name: Title: APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 67 *SURVEY EDGE IS EDGE OF ASPHALT * * * * * * * * ** * * * * © PROJECT NO. FIGURE NUMBER COPYRIGHT MORRISON-MAIERLE, INC.,2020 N:\0417\082\ACAD\Exhibits\Scope-Capitol Improvement Projects Field Survey-2018.dwg Plotted by kevin d. jacobsen on Nov/9/2020 DRAWN BY: DSGN. BY: APPR. BY: DATE:engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 406.587.0721 www.m-m.net CITY SURVEY H CITY OF BOZEMAN CAPITOL IMPROVEMENT PROJECTS FIELD SURVEY N. 7th AVE.- W. JUNIPER ST. TO W. OAK ST. N. 8th AVE.- W. JUNIPER ST. TO W. BIRCH ST. W. BIRCH ST. & HEMLOCK ST.-ADJACENT TO N. 7th AVE. BOZEMAN MONTANA KJ 11/2020 N. 7th, N. 8th, Juniper, Hemlock, Birch 4.8 ACRES 8THBIRCH HEMLOCK JUNIPER OAK 7TH68 © PROJECT NO. FIGURE NUMBER COPYRIGHT MORRISON-MAIERLE, INC.,2020 N:\0417\082\ACAD\Exhibits\Scope-Capitol Improvement Projects Field Survey-2018.dwg Plotted by kevin d. jacobsen on Nov/10/2020 DRAWN BY: DSGN. BY: APPR. BY: DATE:engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 406.587.0721 www.m-m.net CITY SURVEY I CITY OF BOZEMAN CAPITOL IMPROVEMENT PROJECTS FIELD SURVEY N. 19th AVENUE BOZEMAN MONTANA KJ 11/2020 N.19TH AVENUE 1.3 ACRES 19THRAWHIDE RIDGE 69 Exhibit 1300 - Fee Estimate City of Bozeman, MT - Capital Improvement Projects Field Survey 2018 Prepared For: Kellen Gamradt, P.E. Survey / Engineering Services Nov-2020 Staff Labor Labor Total Task Assigned Hours Rate Labor Cost 1300 - 7th, 8th, Juniper, Birch, Hemlock (Trad. Survey) 1301. Office Research and Computations Land Surveyor II 10.00 $124.00 $1,240.00 1302. Horizontal and Vertical Field Control/Boundary Two Person Survey Crew 14.00 $223.00 $3,122.00 Land Surveyor II 30.00 $124.00 $3,720.00 Two Person Survey Crew 52.00 $223.00 $11,596.00 1304. Office Survey Data Processing Land Surveyor II 28.00 $124.00 $3,472.00 1305. Field Survey Verifications Land Surveyor II 6.00 $124.00 $744.00 1306. Deliverables Land Surveyor II 6.00 $124.00 $744.00 Land Surveyor II 6.00 $124.00 $744.00 Senior Engineer I 6.00 $160.00 $960.00 Senior Engineer I 6.00 $160.00 $960.00 Senior Survey Manager 2.00 $175.00 $350.00 166.00 $27,652.00 Direct Expenses Charge Rate Total Expense Vehicle (mi)$0.70 $140.00 GPS/Total Station (days)$240.00 $1,980.00 Survey Materials (days)$15.00 $123.75 Deliverable Package $35.00 $35.00 $2,278.75 $29,930.75 8.25 8.25 1 Subtotal - Direct Expenses Task Total - 7th, 8th, Juniper, Birch, Hemlock (Trad. Survey) 1303. Topographic Field Survey/Boundary 1307. Coordination - City, Utilities 1308. Quality Assurance/Quality Control Subtotal - Labor Costs Quantity or Duration 200.00 N:\0417\082\01 Project Management\Contracts\Amendment #5\Exhibits - Engineering Fee Estimate Amend #5.xls 11/13/2020 70 Exhibit 1400 - Fee Estimate City of Bozeman, MT - Capital Improvement Projects Field Survey 2018 Prepared For: Kellen Gamradt, P.E. Survey / Engineering Services Nov-2020 Staff Labor Labor Total Task Assigned Hours Rate Labor Cost 1400 - N. 19th Pathway (Trad. Survey) 1401. Office Research and Computations Land Surveyor II 1.00 $124.00 $124.00 1402. Horizontal and Vertical Field Control/Boundary Two Person Survey Crew 2.00 $223.00 $446.00 Land Surveyor II 2.00 $124.00 $248.00 Two Person Survey Crew 8.00 $223.00 $1,784.00 1404. Office Survey Data Processing Land Surveyor II 4.00 $124.00 $496.00 1405. Field Survey Verifications Land Surveyor II 2.00 $124.00 $248.00 1406. Deliverables Land Surveyor II 2.00 $124.00 $248.00 Land Surveyor II 2.00 $124.00 $248.00 Senior Engineer I 1.00 $160.00 $160.00 Senior Engineer I 1.00 $160.00 $160.00 Senior Survey Manager 1.00 $175.00 $175.00 26.00 $4,337.00 Direct Expenses Charge Rate Total Expense Vehicle (mi)$0.70 $35.00 GPS/Total Station (days)$240.00 $360.00 Survey Materials (days)$15.00 $15.00 Deliverable Package $35.00 $35.00 $445.00 $4,782.00 1.50 1.00 1 Subtotal - Direct Expenses Task Total - N. 19th Pathway (Trad. Survey) 1403. Topographic Field Survey/Boundary 1407. Coordination - City, Utilities 1408. Quality Assurance/Quality Control Subtotal - Labor Costs Quantity or Duration 50.00 N:\0417\082\01 Project Management\Contracts\Amendment #5\Exhibits - Engineering Fee Estimate Amend #5.xls 11/13/2020 71 1 Exhibit 1500 - Scope of Services Capital Improvement Projects Field Survey 2018 - 2021 Task 1500 - N. 19th Wetland (Technical Memorandum) Due to field delineation season having ended at the time of this request, we will utilize existing data obtained from recent wetland work in the area. A technical memorandum will be prepared documenting the status of the water. Effort is estimated at $1,800.00. If a wetland delineation and/or permit preparation is required, we will contact the City of Bozeman to discuss this additional effort and authorization. 72 Exhibit Summary - Fee Estimate City of Bozeman, MT - Capital Improvement Projects Field Survey (2018) Prepared For: Kellen Gamradt, P.E. Summary - Survey / Engineering Services Nov-2020 Total Total Task Acres Cost 100 - West Koch Street (Scanned Survey)5.7 $20,836.25 200 - North Tracy Avenue (Scanned Survey)1.8 $8,500.00 300 - North 17th Avenue (Scanned Survey)2.8 $11,549.50 400 - North Bozeman Avenue (Trad. Survey)2.9 $11,408.75 500 - Augusta Drive (Trad. Survey)2.5 $10,100.75 600 - South 5th Avenue (Trad. Survey)7.4 $31,202.00 700 - West Harrison Street (Trad. Survey)3.7 $14,989.00 800 - North Bozeman Avenue (Trad. Survey)2.3 $9,849.75 900 - Parks Department on-call services N/A $1,500.00 1000 - Oconnell Drive (Trad. Survey)N/A $3,955.50 1100 - West Harrison Street Add (Trad. Survey)1.3 $6,377.00 1200 - South 6th Avenue (Trad. Survey)5.9 $24,743.00 1300 - N 7th, N 8th, Juniper, Birch, Hemlock (Trad. Survey)4.8 $29,930.75 1400 - N 19th Pathway (Trad. Survey)1.3 $4,782.00 1500 - N 19th Wetland (Technical Memo.)N/A $1,800.00 $191,524.25Total Project Cost N:\0417\082\01 Project Management\Contracts\Amendment #5\Exhibits - Engineering Fee Estimate Amend #5.xls 11/13/2020 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93