HomeMy WebLinkAbout10- 11th & College Roundabout Design Amendment 1 to Professional Services AgreementREPORT TO: Honorable Mayor and City Commission
FROM: Brian Heaston, Project Engineer
Chuck Winn, Assistant City Manager
SUBJECT: 11 College Roundabout Professional Services Agreement Amendment #1
MEETING DATE: April 26, 2010 Consent Agenda
RECOMMENDATIONS:
1) Authorize the City Manager to Sign Professional Services Agreement Amendment No. 1 for the
11 College Roundabout Project.
BACKGROUND: On March 8, 2010 the City Commission authorized the City Engineer Division to
prepare a professional services agreement amendment with Robert Peccia and Associates to increase the
PSA fee from $129,305 to $150,840.65 +$21,535.65) for the College /11 roundabout project. The
amendment has been prepared and attached to this memo.
FISCAL EFFECTS: This PSA amendment will decrease the Street Impact Fee (SIF) by an additional
$21,535.65. There are sufficient dollars within the SIF fund to cover this expense without creating a
negative position in the fund in the current year, or within the 5 -year CIP schedule.
UNRESOLVED ISSUES: None.
ALTERNATIVES:
1) As recommended by the Commission.
Respectfully submitted,
Brian Heaston
Project Engineer
Attachments: (3) PSA Amendment No. 1
Report compiled on April 21, 2010
cc: Project File
THE CITY OF BOZEMAN
20 E OLIVE P.O. BOX 1230
BOZEMAN, MONTANA 59771-1230
ENGINEERING DEPARTMENT
PHONE: (406) 582.2280 FAX: (406) 582 -2263
Commission Memorandum
Approved by:
Chuck Winn
Assistant City Manager
HOME OF MONTANA STATE UNIVERSITY
GATEWAY TO YELLOWSTONE PARK
Amendment No. 1 to Professional Services Agreement
For Design Engineering W. College St. S. 11 Ave. Intersection Improvements Project
THIS AGREEMENT is made as of this «'7 day of A l Nk, 2010,
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 January 20,
2009, herein referred to as Original Agreement for professional engineering services; and
9.4 NONDISCRIMINATION
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:
Amend Section 9.4 of the Professional Services Agreement to implement City of Bozeman
Commission Resolution No. 4250 as follows:
1
The ENGINEER will not discriminate on the basis of race, color, religion, creed, pelp°c a-s, sex, age,
marital status, national origin, or actual or perceived sexual orientation, gender identity or disability in
employment or provision of services. This obligation pertains to the hiring and treatment of the
ENGINEER'S employees and to all subcontracts. The ENGINEER shall be subject to and comply with
Title VI of the Civil Rights Act of 1964; Section I40, Title 2, United States Code, and all regulations
promulgated thereunder.
Amend Section 6.1.1 of the Professional Services Agreement as follows:
6.1.1 Payment. The Owner shall for design phase services performed as Basic Engineering
Services under sections 4.1 through 4.4 of this agreement pay a total sum in the amount of
$82,118:00 $103,653.65 for such services.
The City Engineering Division has been authorized to prepare this amendment in accordance with City
Commission approval hereby granted in an action item approved in the City Commission meeting of March
8, 2010.
A copy of the March 8, 2010 City Commission Meeting Memorandum for the action undertaken is hereby
attached as Exhibit A hereto as reference to the scope for this Amendment No. 1.
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.
A I °1' EST:
By:
CITY OF BOZEMAN
2
City Manager
Exhibit A for Amendment No. 1 to Professional Services
Agreement
for Design Engineering W. College St. /S. 11 Ave.
Intersection Improvements Project
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Heaston, Project Engineer
Richard Hixson, City Engineer
Anna Rosenberry, Finance Director
Chuck Winn, Assistant City Manager
SUBJECT: I 1 College Roundabout
MEETING DATE: March 8, 2010
RECOMMENDATIONS:
1) Authorize the City Engineering Division to direct Robert Peccia and Associates to complete the
remainder of its work agreed to in the Professional Services Agreement for the 11` /College
roundabout project.
AND
2) Authorize the City Manager to sign right of way agreements totaling a cost of $154,050.00 for the
11' /College roundabout project.
AND
3) Authorize the City Engineering Division to prepare a Professional Services Agreement
Amendment with Robert Peccia and Associates to amend the total PSA fee from $129,305 to
$150,840.65 +$21,535.65) for the College /11` roundabout project.
BACKGROUND: On August 25, 2008, the City Commission authorized staff to proceed with
implementation of a roundabout at the intersection of College Street and South 11 Avenue. Both of
these roadways are State designated "urban routes" and thus fall under the purview of the Montana
Department of Transportation.
The engineering firm Robert Peccia Associates was selected for design of the project and a
Professional Services Agreement (PSA) was successfully negotiated. The PSA was subsequently
presented to the City Commission for approval during a public hearing on January 20, 2009.
At this hearing, the Commission expressed concern about the potential for large costs associated with
acquiring new right of way for the project. To address this concern, the Commission approved the PSA
with the understanding that the project was to be revisited when 60% of the Preliminary Plans design fee
was expended ($49,271). It was thought that intersection geometries would be approved by the Montana
Department of Transportation by this stage in contract expenditure and thus be sufficient to expose the
additional areas of right of way needed to construct the project. Intersection geometries are requisite and
integral to the property appraisal process and must be firmly established before appraisals can take place
and acquisition negotiations proceed. The level of effort required to obtain geometric approval from
MDT was greater than initially anticipated and 71.5% of the preliminary design fee has been expended
($58,713.10) to date.
Once the geometries were set, property appraisals were completed. Valuations presented in the respective
appraisals were used to draft right of way acquisition agreements with the effected property owners and
formed a basis for the negotiating process. Negotiations have been successfully completed and all
property owners have executed their respective right of way agreements. Firm cost for the acquisition
amounts to $154,050. The agreements specify that payment will be issued only upon successful award of
a construction contract.
The total appraised value for the right of way actually amounted to $207,720, but a reduction of $54,670
was negotiated with Montana State University in consideration of their future use of the center
roundabout island as a Chemed campus entrance. A sign, or other edifice, along with landscaping is
envisioned to occupy the island and MSU will be responsible for installation and maintenance of same.
An MOU formalizing party responsibilities will be drafted to this effect.
Per the Commission's directive, staff is now at a stage to request the project be revisited. Despite
expending 71.5% of the preliminary design fee, staff remained consistent in following the Commission's
intent to determine the actual cost of right of way before proceeding with the remainder of design and
construction. Staff requests that the Commission authorize the City Manager to execute the agreements
on behalf of the City.
Robert Peccia and Associates (RPA), due to heightened MDT involvement early in the design process and
additional 3" party peer review, has incurred additional design fees totaling $21,535.65. Staff believes
the additional fees are reasonable and consistent with the elevated level of effort required to establish
preliminary geometries in order for appraisals to be completed. Staff further requests that the
Commission authorize the City Engineering Division to complete a PSA amendment to increase the
contracted fee by this $21,535.65 amount.
RPA has prepared a preliminary construction cost estimate for the roundabout. It is their professional
opinion, based on the preliminary nature of the design at this stage, that the project can be constructed for
$690,000 (includes 10% contingency). Contracted fees remaining, including the additional $21,535.65
for heightened MDT review at the preliminary stages, total $92,126.70. To complete the remainder of
design, acquire necessary right of way and construct the project, it is estimated that $936,176.70 is
needed.
Attached to this memo is the following supporting information:
NW corner right of way agreement (Northwestern Energy)
NE corner right of way agreement (Colombo)
SE corner right of way agreement (MSU)
SW corner right of way agreement (MSU)
Intersection geometric exhibit
Intersection right of way plan exhibit
FISCAL EFFECTS: The roundabout project is funded 100% by Street Impact Fees. Currently,
$700,000 is included in the recently- approved Street Impact Fee CIP (under FY10 Scheduled
Expenditures) to cover project expenses as carried over from the FY'09 plan. Actual costs
won't be known until the construction bids are received. Given the above estimates, we expect
that an additional $236,000 will be needed to complete the project. There are sufficient dollars
available in the SIF fund to complete the design and move forward with construction, without
creating a negative position in the fund or within the 5 -year CIP schedule.
ALTERNATIVES:
1) RECOMMENDED: Move forward with completion of roundabout with the understanding that
estimated expenses total $936,226.70 to be drawn from the SIF CIP fund. A breakdown of this
cost follows:
Right of Way: $154,050 (11,660 sq ft of new right of way area)
Remaining PSA Fees: $70,591.05 (design and construction administration)
Additional Fees: $21,535.65 (heightened MDT and 3` party review)
Construction: $690,000 (preliminary RPA estimate w /l0 %a contingency)
2) Revisit decision to construct a roundabout altogether and instead install a traffic signal.
Estimated expense to complete a signal is significantly less than a roundabout. A preliminary
cost breakdown .follows and is provided for comparison purposes only. Information has been
taken from the June 2008 intersection improvement study prepared by Morrison Maierle.
cc: Project File
Right of Way: 48,000 (450 sq ft of new right of area anticipated)
PSA Fees: 474,000 (design and construction administration)
Construction: $354,000 (w /20% contingency)
Total expense for design and installation of a traffic signal is preliminarily estimated at $436,000.
Note that the recent installation of the new signal at 11` /Kagy was completed for a cost of
$500,000.
3) Forego intersection improvements. This alternative is not recommended due to the existing
operational characteristics of the intersection particularly during special events.
4) As recommended by the Commission.
Attachments: (4) Right of Way Agreements
(1) Geometric Exhibit
(1) Right of Way Plan
Report compiled on March 3, 2010