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HomeMy WebLinkAbout20- Amendment 1 to PSA - Robert Peccia and Associates - Bozeman Sourdough Transmission Pipeline Phase 2Amendment No. 1 to Professional Services Agreement for Bozeman Sourdough Phase 2 Design of 30 -Inch Transmission Pipeline THIS AGREEMENT is made as of this l 7 t -k day of t `l 0 Lf , 2020, between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, herein referred to as OWNER and Robert Peccia and Associates, an Engineering Consulting Firm of Helena, Montana, herein referred to as ENGINEER. WHEREAS, the parties have entered into a Professional Services Agreement dated April 20, 2020, 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 A-1 (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 is the engineering final design phase for the new 30 -inch transmission pipeline approximately 7,700 feet in length. The pipeline will be connected to the City's existing 30 -inch transmission pipeline on Sourdough Road at the northern tie in of Sourdough Phase 1 project and proceed north to the Sourdough Tank and Flow Control Station. Major work tasks include completion of the geotechnical investigation, county encroachment permit, stormwater permitting SWPPP, wetland delineation, joint application and related permits, and prelimiam and final design phase services for the 30 -inch transmission pipeline and related items. 1.2. The scope of services under this contract is set forth in this agreement amendment and the attached EXHIBITS. ARTICLE 4 - BASIC ENGINEERING SERVICES The ENGINEER shall render professional Engineering Services as follows: 4.2 PRELIMINARY DESIGN PHASE After acceptance of the pre -design report and receipt of written authorization to proceed with the Preliminary Design Phase, ENGINEER shall: 4.2.1. In consultation with OWNER determine general scope, extent and character of the Project. 4.2.2. Design and Construction Survey: The ENGINEER shall conduct a design field survey of the project areas, as necessary, for locating existing utilities (such as gas, power, telephone, TV cables, water and sewer lines, irrigation facilities, fences, and approach driveways), existing right-of-way and easements, and making measured drawings of or investigating conditions of existing facilities The ENGINEER shall provide suitable horizontal and vertical reference control points for the construction phase. 4.2.3. Permits and Rights -of -Way: The proposed transmission main alignment is within an existing Sourdough Road right-of-way and City property. This amendment does not include any additional easement or right-of-way work. The ENGINEER shall obtain a copy of the existing right-of-way prior to designing the new transmission main. Information and right-of-way descriptions provided in the Basic Engineering Services will be based on data available from design surveys and courthouse records. 4.2.4. Geotechnical Explorations and Analysis: The ENGINEER shall conduct such geotechnical explorations and analysis as necessary for project design and bidding. A geotechnical report will be prepared with recommendations relating to conditions pertinent to the design and construction of the Project. Subsurface information will be obtained by reviewing any existing geotechnical data available and using additional backhoe test pits and soil borings as necessary. Two samples will be taken for corrosion tests to evaluate corrosivity to ductile iron pipe. Two permanent piezometers will be installed for the purpose of monitoring groundwater levels prior to bidding and construction. The ENGINEER shall furnish copies of a geotechnical report as requested to OWNER for use by OWNER and Contractors and review the results of the report with Contractors in a pre-bid meeting. The report is to be prepared for design purposes; ENGINEER will not be responsible if it is used by others for other purposes. The ENGINEER will subcontract this work item to SK Geotechnical Corporation 4.2.5. Preliminary Plans and Specifications. Prepare preliminary construction plans and specifications with information which addresses the special features of each project task. 4.2.6. Based on the information contained in the preliminary design documents, ENGINEER will submit a revised opinion of probable Total Project Costs to the OWNER. 4.2.7. ENGINEER shall prepare and furnish complete paper and electronic copies of preliminary bidding documents and design report as requested to OWNER and at the same time furnish copies as directed by OWNER to agencies and/or parties having regulatory responsibilities or direct financial participation in any part of the Project; provide any technical criteria, written descriptions and design data necessary for securing permits or approval from authorities having jurisdiction to review and approve the design, and assist owner in securing such approvals; and review documents in person with OWNER and review authorities, and, if necessary, conduct a plan -in -hand site review. All changes agreed to between ENGINEER and OWNER will be noted in a memorandum from the ENGINEER to the OWNER and incorporated into the final plans and specifications. The Preliminary Design Phase will be completed and submitted within 150 calendar days following written authorization from OWNER to ENGINEER to proceed with that phase of services. 2 4.3 FINAL DESIGN PHASE After written authorization to proceed with the Final Design Phase, ENGINEER shall: 4.3.1. On the basis of the accepted Preliminary Design documents and the revised opinion of probable Total Project Costs, prepare for incorporation in the Contract Documents final drawings and Technical Specifications of sufficient detail to show the general scope, extent and detailed character of the work to be furnished and performed by the Contractor(s) suitable for use in the project bidding and construction. 4.3.2. Advise OWNER of any adjustments to the latest opinion of probable Total Project Costs caused by changes in general scope, extent or character or design requirements of the Project or Construction Costs. Furnish to OWNER a revised opinion of probable Total Project Costs based on the Drawings and Specifications. 4.3.3. Prepare for review and approval by OWNER, its legal counsel and other advisors, contract agreement forms, general conditions and supplementary conditions, and (where appropriate) bid forms, invitations to bid and instructions to bidders, special provisions, technical specifications, and standard drawings, and other related contract documents in conformance with the latest edition of the Montana Public Works Standard Specifications (MPWSS) and City of Bozeman Modifications to MPWSS adopted by the City of Bozeman. 4.3.4. Furnish OWNER six copies and an electronic copy of the Contract Documents (including design drawings, specifications and contracts). The Final Phase will be complete and submitted within 60 calendar days following written authorization from OWNER to ENGINEER to proceed with that phase of services and following approval of the preliminary plans and specifications by the Montana Department of Environmental Quality. ARTICLE 6 — COMPENSATION FOR ENGINEERING SERVICES 6.1 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER 6.1.1 Payment. The OWNER shall for design phase services performed as Basic Engineering Services under section 4.2 and 4.3 of this agreement pay a total sum in the amount of $169,526.00 for such services. 6.1.2 Payment Schedule. Total cumulative payments for the design phase engineering services (sections 4.1 through 4.4) shall not exceed the following ceilings: $ 16,952.00 (10% of design fee) until the design survey has been completed. $ 84,763.00 (50% of design fee) until the Preliminary Plans and Specifications have been submitted to the OWNER and review authorities. $ 152,573.00 (90% of design fee) until the Final Plans and Specifications have been submitted to the OWNER and review authorities. $ 169.526.00 (100% of design fee) until the Final Plans and Specifications have been reviewed and approved by the OWNER and review authorities. 6.1.3 General. Engineer shall submit monthly statements for services rendered. The statements shall be based upon Engineer's estimate of the proportion of the total services actually completed at the time of billing, subject to any limitations on Payments based on completion of tasks or specific retainage requirements pursuant to the payment provisions of the Agreement. 6.1.4 Reimbursable Expenses. Only those expenses specifically identified for payment under section 6.2 of this Agreement are reimbursable. All other design related expenses are included in the Lump Sum Payment for the Basic services (4.1 through 4.4) and are not separately reimbursable. Additional Services specifically identified under the scope of design services for payment under 6.1 are not separately reimbursable. 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. 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