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HomeMy WebLinkAbout07- Amendment No. 5 to Professional Services Agreement for Durston Road Street ImprovementsAMENDMENT NO. 5 TO PROFESSIONAL SERVICES AGREEMENT FOR DURSTON ROAD STREET IMPROVEMENTS MMI. No. 417.035.04 THIS IS AN AGREEMENT made as of 0 Y' , 2007, between THE CITY OF BOZEMAN, a Municipal Corporation, P.O. Sox 1230, Bozeman, Montana, 59771-1230 (OWNER) and Morrison-Maierle, Inc., P.O. Box 1113, Bozeman, Montana, 59771-1113 (ENGINEER). WHEREAS the parties previously entered into a Professional Services Agreement dated September 10, 2001, herein referred to as the Original Agreement, including Amendment No. l dated October 1$, 2004, Amendment No. 2 dated April 18, 2005, Amendment No. 3 dated February 27, 2006, and Amendment No. 4 dated November 6, 2006, for professional engineering services for the Durston Road Improvements Project; and WHEREAS, the Original Agreement as amended presumed a single construction season and a final completion construction time period of 240 days, and the actual construction time period, excluding shutdowns, is anticipated to be approximately 340 days over two construction season; and WHEREAS, the parties desire to continue with the subject construction engineering services; and WHEREAS, the parties desire to again amend provisions of the Original Agreement to increase the maximum allowable amount of payment to the Engineer for additional services and expenses for construction engineering services for the Durston Road improvements. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, the parties agree as follows: ARTICLE 6 -COMPENSATION FOR ENGINEERING SERVICE Article 6.3.1 of the Original Agreement, as previously modified by Amendment No. 3, is hereby further amended, as follows: "6.3.1 The OWNER shall pay for Construction Phase, Project Documentation, Construction Testing Services, and dispute resolution assistance pursuant to Article 10.9 of Exhibit A to the Original Agreement an amount not to exceed $387,200, pursuant to 6.3.1.1; except as provided under 6.3.1.2 and 6.3.4." Article 6.3.2 of the Original Agreement, as previously modified by Amendment No. 3, is hereby further amended, as follows: "(i.3.2 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 $36,635." Page 1 of 2 ARTICLE 7.3 -MEANING OF TERMS Article 7.3 of the Original Agreement, as previously modified by Amendment No. 3, is replaced as follows: 7.3 DIRECT LABOR COSTS Direct Labor Costs used as a basis for payment mean the actual salaries and wages paid to all ENGZNEER's personnel engaged directly on the Project, including, but nat 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 $ 61.00 /hour Supervising Engineer III $ 50.00 /hour Supervising Engineer II $ 48.00 /hour Supervising Engineer [ $ 44.00 /hour Senior Engineer II $ 40.00 /hour Senior Engineer I $ 3G.00 /hour Design Engineer II $ 33.00 /hour Design Engineer I $ 30.00 /hour Staff Engineer $ 28.00 /hour Senior Environmental Professio nal $ 36.00 /hour Environmental Professional $ 28.00 /hour Engineer Intern* $ 25.00 /hour Senior Survey Manager $ 48.00 /hour Land Surveyor 1 Survey '1"echnician* Senior Technicians* CADD Drafter* 'Cechnicians* Two Person Survey ~ Clerical* $ 29.00 /hour $ 2.5.00 /hour $ 22.00 $ 22.00 /hour $ 14.00 /hour :'xew* $ 65.00 /hour $ 18.00 /hour * Non professional classified employees subject to time and one-half over time rates. 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. CITY OF BOZEMAN, MONTANA BY. Chris A. Kukulski, City Manager MORRI ON-MAIERLE, I BY: ~ ~_ R. Schunke, Vice-President DATE: t'~l A2..~" b ~ dam-' ~? rT __ ATTEST: -~ BY: (City Clerk - - DATE: OL.~ ~- ~ ~©©~ - - - FI:\0417\035-04\Documents\CONTRAC"i'S\PSA\PSA Amendment #5 10-25-07-doc Page 2 of 2 ~~ MORRISON ~~ DURSTON ROAD IMPROVEMENTS N:104 i 74035-044DowmentslCOiVTRACTSLPS,41Nnn dmt i5 - Constru cGOn Phase Fee Est 10-25-07.bs PROFESSIONAL SERVICES AGREEMENT SUMMARY wl AMEN©MENT #5 ORIG€NAL CONTRACT €NCURRED THROUGH 930-0T CEILWG GIFFEREHTIAL ESTIAAATED ADDITIONAL COST5 TOTAL AMENDED P5A {IncuRed+AdditionalJ PSA INCREASE TASK HOURS COST HOURS COST COST HOURS COST HOURS COST DIRECT LABOR COSTS Task 050 P emertt & Admin. Subtotal 7223 5101,114 1005 ;90,297 {$10,876} 187 517,463 1192 5107,760 $6,587 Task-0311- Sial 3 ut Subtotal 580 533,427 485 530,565 {$2,861} 5 5357 490 530,922 {$2,504} @~!' Obs6rvaLlon Subtotal 2070 5140,356 2354 5779,398 $39,042 20 S1,fi80 2374 ;181,078 $40,722 TAR ~E7 - Can T 5ubtotak 120 59,245 5 S279 [$8,98fiJ 4 ;338 9 5615 [$8,fi30) 0~ - RaCS€[d Qrawl ~~ Subtotal 100 ;7,015 98 57,795 ;780 22 ;1,746 120 ;9,547 52,528 T~1[ X10 Subtotal 33 ;3,032 0 ;0 {$3,032} 38 33,498 38 53,498 $466 Task Resoluf kan Subtotal 58338 50 0 30 184 517,172 184 517,172 $'17,172 DIRECT LABOR TOTAL 80464 5294,249 3947 5308,335 $14,08fi 480 542,252 4407 ;350,587 $56,338 DIRECT EXPENSES DIRECT EXPENSES TOTAL 541,952 331,558.68 [$10,393} ; 5,055 336,814 {$5,338) SUMMARY TOTAL DESCRIPTION Direct Labor Direct E sasses 3294,248 541 952 5308,335 531 559 $14,086.68 $10 393.32 542,252 S5 055 5350,587 536 614 $56,339 ($5,338} PSA CONSTRUCTEON PHASE TOTAL ;336,200 X339,893 $3,693 $47,307 ;387,200 $51,000 PSA AMENDMENT #4 TOTAL ;3,693 ~47,36T X51,000 551,000 ~r-1 MORRISON ^^ MAIERLE, INC. n A EmNa. ~. a,.,Md c~M~„v DURSTON ROAD IMPROVEMENTS PR0I=ESSIONAL SERVICES AC3REEMENT (PSA) -AMENDMENT #5 REMAIN' SERVI CES ESTIMATE STAFF HOUR ESTIMATE TOTAL SENIOR ONSITE ENVIRNMNTL GPS ADMIN TA5K HOURS ENGINEERI REP PROFSNLII SURVEY CLERICAL DIRECT LABOR COST T R ~O P act Man antA Admin, Project Administration 4$ 40 6 Meetings & Goordination wl Contractor 4 4 Final Completion Inspection & Certification 7 6 1 Diary, Payrolls, Photo Diary ,Testing 8 Other Records (Shops) 20 4 12 4 Final Change Order/Claim Negotiations & Review 68 8D 8 Project Closeout Docs, Certifications & Final Payment 16 18 19th MilllOverla /Chi -Plans & Construction Coordination 10 6 4 Total Hours 187 160 22 0 0 15 Total Cost $17,483.00 $14,860.00 51,848.00 50.00 $0.00 $765.00 Taak090-8'twakln >S La but „, .~<a., ._ ~.~ ... . ~ ....~... ,__. , , ., , Stakin /La out Monument Boxes & 19th Overla 5 2 3 Total Hours 5 0 2 D 3 0 Total Cost 5357.00 $0.00 $188.00 $D.00 5189.00 $0.00 Teak 040 • Construction arwiWoly Onsite Ins ection Seedin + 19th MilllOverla lChi 'O$ 20 20 Total Hours 20 0 20 0 0 0 Total Cost $1,680.00 $0.00 57,880.00 $0.00 $0.00 $0.00 Task041 - Construetlon Toad Construction Testin 19th Mill/Overla /Chi '08 4 4 Total Hours 4 0 4 0 0 0 Total Cost 5338.00 $0.00 $336.00 $O.DO 50.00 $0.00 Task 080' : Record Drarvln a Record Drawin s 22 2 16 4 Total Hours 22 2 16 0 0 4 Total Cost $1,748.00 5198.00 $1,344.00 $0.00 50.00 5204.00 Task O80 - Warren Services Warranty Period Services 32 24 8 Wetlands Stormwater Permits Reo rts N.O.T. & Fees 8 6 Total Hours 38 24 8 6 0 0 Total Cost 53,498.00 52,376.00 5872.00 5450.00 $O.DD 50.00 Task 080 Co ct MadlatlondDls uta Rssalupan Meeting & Coordination with City Staff & Legal 12 8 4 Owner's Position Memorandum & Documentation Preparation 84 80 16 $ Contractor's Position Memorandum & Documentation Review 40 32 8 Mediation Meetin s w/ Pre oration & Debriefin 48 32 18 Total Hours 184 132 44 0 0 8 Total Cost 517,172.00 $13,088.00 $3,896.00 50.00 50.00 5408.00 SUBTOTAL OF STAFF HOURS REQUIRED 460 308 116 B 3 27 DIRECT HOURLY LABOR RATE - Boz $33.00 $28.00 $25.00 $21.00 $17.00 DIRECT HOURLY LABOR $99.00 $84.p0 $75.00 $63.00 $51.00 LABOR COST BY POSITION $ 30,492.00 $ 9,744.00 $ 450.00 $ 189.00 $ 1,377.00 TOTAL DIRECT LABOR COST: $ 42 252 DIRECT EXPENSES ESTIMATED ADDITIONAL DIRECT EXPENSES: $ fi,05fi SUMMARY TOTAL LA90R LABOR COST DESCRIPTION EXPENSE FAGTOR CEILING Additional Direct Labor (~ 2.8087 Multipier) $42,252 1.00 $42,252 Additional Direct Expenses $5,055 1.00 $5,055 ESTIMATED REMAINING ADDITIONAL WORK TOTAL $47,307 CONTRACT CEILING CURRENT OVER-RUN 3 693 PSA AMENDMENT # 4 TOTAL: $51,000