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HomeMy WebLinkAbout24 - Amendments Amendment Number Unknown - Robert Peccia and Associates - Sourdough Transmission Main Phase 2 1 Amendment No. 3 to Professional Services Agreement for Bozeman Sourdough Phase 2 Additional Work During Construction THIS AGREEMENT is made as of this ________ day of January, 2024, 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 exhibits to this AMENDMENT THREE to the Original Agreement; EXHIBIT G (Engineering Fee Proposal for Construction Phase Services Due to Additional Work During Construction) and EXHIBIT H (Schedule of Reimbursable Expenses) are hereby incorporated in and made part of this Agreement. EXHIBIT A (Engineer’s Status During Construction), EXHIBIT B (Listing of the Duties, Responsibilities and Limitations of Authority of the Resident Project Representative), EXHIBITS C, D, E (Fee Proposals), and EXHIBIT F (Schedule of Reimbursable Expenses) which were attached to Amendment No. 2 remain in effect for this amendment. This Amendment 3 shall cover engineering expenses due to Change Order increased inspection time of 12 days, additional geotechnical investigation and testing on imported road subgrade gravel, and additional survey for asphalt to determine quantities to be paid. ARTICLE 1 - ENGINEERING SERVICES 1.1. The detailed description of the specific project components is described as follows: The engineering proposed work consists of construction of a new 30” DI water transmission main along Sourdough Road with 3 tie-ins to existing water main. This project includes construction of approximately 7,800 feet of 30” buried DI water piping, hot taps, fittings, valves, fire hydrant and related improvements. Major work tasks for the bid phase include bid advertisement, conducting a pre-bid conference, distribution of bid documents and plan holders list, answering bidder questions, preparation of addenda, DocuSign Envelope ID: B65E2311-D9B2-4D36-B18E-6C995A38A3C1 XXXXX1st March 2 attending bid opening, preparation of certified bid tabulations and make recommendation for award to the City and related items. Major work tasks for the construction phase include conducting a pre-construction conference, providing project survey control points for the construction contractor, review of contractor submittals, preparation of progress reports, preparation of work orders and change orders, construction inspection, preparation of as-built drawings and project closeout services. 1.2. The scope of services under this contract is set forth in the Original Agreement and this Amendment Three to the Original Agreement and the attached EXHIBIT(S). ARTICLE 4 - BASIC ENGINEERING SERVICES 4.5 ADDITIONAL WORK DURING CONSTRUCTION PHASE The responsibilities of the ENGINEER during the Additional Work During Construction Phase are summarized in Amendment 3 and as follows: 4.5.1. General Administration of Construction Contract. ENGINEER shall consult with and advise OWNER and act as OWNER'S representative as provided in EXHIBIT A - ENGINEER'S STATUS DURING CONSTRUCTION, attached to Amendment 2 and made part of this Agreement and may be further provided under the General Conditions of the contract documents. The extent and limitations of the authority, duties, and responsibilities of the ENGINEER on the construction job site as assigned here-in shall not be modified except as the ENGINEER may otherwise agree in writing. All of OWNER's instruction to Contractor(s) will be issued through ENGINEER who will have authority to act on behalf of OWNER to the extent provided in the General Conditions except as otherwise provided in writing. 4.5.2. Resident Project Representative. ENGINEER shall provide a qualified Resident Project Representative at the job site to provide observation of the work as provided in EXHIBIT B - A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE, (attached to Amendment 2) and as outlined and discussed in Amendment 2. ARTICLE 6 – COMPENSATION FOR ENGINEERING SERVICES 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. DocuSign Envelope ID: B65E2311-D9B2-4D36-B18E-6C995A38A3C1 3 6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER. Construction and project documentation services performed as Basic Engineering Services under section 4.5 shall be compensated in accordance with the following: 6.2.1 The OWNER shall pay for Construction Phase Services an amount not to exceed $18,900 except as provided under 6.2.1.2 and 6.2.4. See attached Exhibit to this Amendment Three: Exhibit G Engineering Fee Proposal for Construction Phase Serviced Due to Additional Work during Construction for a summary of the construction phase engineering services costs. 6.2.1.1 Costs Compensation. Compensation for these services shall be based on the ENGINEER's Direct Labor Cost times a factor of 3.0475 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 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 of the original agreement. 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 $2,559.00. The estimated reimbursable expenses are identified in the attached Exhibits to this Amendment: Exhibits "G (Additional Work During Construction Phase) and H (Schedule of Reimbursable Expenses)". DocuSign Envelope ID: B65E2311-D9B2-4D36-B18E-6C995A38A3C1 4 IN WITNESS WHEREOF, the parties hereto do make and execute this Agreement on the day and year first above written. CITY OF BOZEMAN By: ______________________________________ ATTEST: ________________________________________ Mike Mass City Clerk APPROVED AS TO FORM By:____________________________________ City Attorney ENGINEER ROBERT PECCIA AND ASSOCIATES By:_______________________________________ President ATTEST: By:___________________________________ DocuSign Envelope ID: B65E2311-D9B2-4D36-B18E-6C995A38A3C1 5 EXHIBIT G ESTIMATE OF ADDITIONAL WORK DURING CONSTRUCTION PHASE COSTS DocuSign Envelope ID: B65E2311-D9B2-4D36-B18E-6C995A38A3C1 ROBERT PECCIA & ASSOCIATES Bozeman Sourdough Phase 2 CIVIL ENGINEERING SERVICES CONTRACT Bozeman, MontanaSCHEDULE OF ESTIMATED COSTS ADDITIONAL WORK DURING CONSTRUCTION PHASE City of Bozeman30-Inch Transmission Pipeline RPA Project No. 20702 Date: January 16, 2024 Person HoursGroup Project Project Project Survey Surveyor Survey Crew Accountant CADD CADD Admin.TotalWork Item/Subtask Manager Manager Engineer Inspector Manager Chief Manager Operator Person$73.70 $62.40 $54.23 $35.93 $55.91 $42.36 $55.67 $55.67 $49.42 $38.37 $33.80 Hours ADDITIONAL WORK DURING CONSTRUCTION PHASEProject Management 4.00 4.00 2.00 10.00Construction Administration 32.00 32.00Construction Surveying 4.00 24.00 28.00 Additional Construction Inspection 32.00 32.00 TOTAL PERSON-HOURS:4.0 36.0 0.0 32.0 4.0 0.0 24.0 2.0 0.0 0.0 0.0 102.0LABOR COST PER EMPLOYEE:$294.80 $2,246.40 $0.00 $1,149.76 $223.64 $0.00 $1,336.08 $111.34 $0.00 $0.00 $0.00 $5,362.02 DIRECT EXPENSES Assumptions / Exclusions: Equipment (Survey GPS $400/day)$400.00Equipment (Computers)$484.00Per Diem - Day $150.00 Per Diem - Overnight $800.00Mileage $475.00Telephone and Fax $150.00Printing$100.00Misc. Supplies $0.00Total:$2,559.00 SUMMARY OF ENGINEERING SERVICES Loaded Labor Cost $16,340.76Direct Expenses $2,559.00 Total Engineering Fee:$18,900 AMENDMENT NUMBER THREE EXHIBIT G FEE PROPOSAL FOR ADDITIONAL WORK DURING CONSTRUCTION PHASE SERVICES DocuSign Envelope ID: B65E2311-D9B2-4D36-B18E-6C995A38A3C1 6 EXHIBIT H SCHEDULE OF REIMBURSIBLE EXPENSES DocuSign Envelope ID: B65E2311-D9B2-4D36-B18E-6C995A38A3C1 TRAVEL EXPENSES: Standard Mileage Rate (Required on Government projects) $0.655 per mile or Federally Allowable Rate Regular Mileage Rate $0.705 per mile SUE Truck - Mileage $1.00 per mile Per Diem State or Federally Allowable Rates Cessna 172 $160.00 per hour Other $ at actual cost PRODUCTION EXPENSES: Plain Paper Photocopies $0.10 per copy Color Photocopies $0.75 per copy All Other Outside Printing Expenses $ at actual cost Photographic Developing Charges $ at actual cost CONSTRUCTION ENGINEERING & SURVEYING EQUIPMENT: 4-Wheeler $100.00 per day Borescope Inspection Cameria $40.00 per day Confined Space Entry Equipment $100.00 per day Controlotron Ultrasonic Flow Meter $15.00 per hour/$100.00 per day Digital Level $75.00 per day/$350 per week/$1000 per month Echosounder $80.00 per day/$400 per week/$1,200 per month GPS - Rover $200.00 per day GPS - RTK System $400.00 per day Laser Level $20.00 per day/$75 per week/$225 per month Line Locator $75.00 per day Nuclear Densometer $100.00 per day/$200 per week/$650 per month Open Channel Flow Meter (Flo Dar) $100.00 per day Structural Rebar Locator / Cover Meter $150.00 per day Robo - 5600 $150.00 per day Robot S6 $325.00 per day SUE - Vacuum Truck Usage $150.00 per hour Trimble Handheld GPS $50.00 per day Troll 9500 (Water Quality Sampler) $560.00 per month ZIPLEVEL Pro-2000 High Precision Altimeter $50.00 per day TRAFFIC & TRANSPORTATION EQUIPMENT: Traffic Counters/Miovision Scout $100.00 per day OFFICE EQUIPMENT & SUPPLIES: PC Time $2.50 per hour CAD Time $7.00 per hour Shipping / Postage Costs $ at actual cost Other Office Supplies (Specifically purchased for project) $ at actual cost SUBCONTRACTORS: Invoiced at actual cost incurred by Consultant plus administrative charges. OTHER EQUIPMENT: All other equipment is included in the hourly rate charge, and the client will not be charged separately for such items. This policy is subject to change in the future. The above equipment list may be amended as necessary for future equipment purchases. APPROVED BY: RPA BOARD OF DIRECTORS Date: August 29, 2023 ROBERT PECCIA & ASSOCIATES, INC. SCHEDULE OF REIMBURSABLE EXPENSES January 1, 2023 Revised August 29, 2023 F:\Acctg\ADMIN\Reimbursable Expenses\Reim Exp Schedule\REIMBEXP 2023 Revised 08_29_23 DocuSign Envelope ID: B65E2311-D9B2-4D36-B18E-6C995A38A3C1 Breakfast 13.00$ Lunch 15.00$ Full Day Meals Per Diem Total 59.00$ Dinner 26.00$ Incidental Expenses 5.00$ Lodging 107.00$ Full Day Total 166.00$ Robert Peccia & Associates FY2024 Standard Per Diem Rates Effective 10/01/2023 - 09/30/2024 } DocuSign Envelope ID: B65E2311-D9B2-4D36-B18E-6C995A38A3C1