HomeMy WebLinkAbout11- Robert Peccia & Assoc.Amendment 2 to Professional Services Agreement for 11th and College RoundaboutAmendment No. 2 to Professional Services Agreement
For Compensation on Construction Phase Engineering Services, I Ph/College Roundabout
THIS AGREEMENT is made as of this day of h =j '2011, between
THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana erein referred to as OWNER
and ROBERT PECCIA & ASSOCIATES., an Engineering Consulting Firm of Helena, Montana, herein
referred to as ENGINEER.
WHEREAS, the parties have entered into a Professional Services Agreement dated Janupa 20, 2009,
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:
Amend Section 6.2 of the Professional Services Agreement as follows:
6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER.
Construction and project documentation services performed as Basic Engineering Services under sections 4.4 through 4.7
including General Administration of Construction Contract, Resident Project Representation, Project Documentation, and
Construction Testing, shall be compensated in accordance with the following:
6,2.1 The OWNER shall pay for Construction Phase and Project Documentation Services an amount not to exceed
$4;L,�� $94 187.00 except as provided under 6.2,1.2 and 6.2.4.
_ ,
6.2.1.1 Costs Compensation. Compensation for These services shall be based on the ENGINEER!s Direct
Labor Cost times a factor of -2-. 2,759 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. lfitis determined that due toa
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.
6.2.1.3 Costs Exceeding Estimated Compensation. Except as allowed under 5.2.1, when the total cost of the
original scope Construction Phase and Project Documentation Services exceeds the negotiated compensation
for these services, the OWNER shall pay only for the direct costs incurred in excess of the estimated
compensation. These costs consist of an amount equal to the ENGINEER'S Direct Labor Cost times a factor
of 2.5826 2.609 for services rendered which shall include Direct Labor, the federally audited
payroll Direct Labor Overhead, and General & Administrative Overhead costs, but shall not include any
allowance for profit.
62.2. 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 $ 8,379 which includes $ 0.00 for consultants employed
by the Engineer and $ _8,378 for all other reimbursable expenses. The estimated reimbursable
expenses are identified in Exhibit (OT-i-ginal)
62.3. Failed Test Expenses. The ENGINEER shall maintain and provide to the OWNER, a record of the costs
associated with failing quality control tests performed for the OWNER during the course of the construction of the
project and recommend an amount the OWNER deduct from the contractor(s) payments.
6.2.4 The OWNER shall pay an amount for Additional Services rendered by the ENGINEER and approved in
writing by the OWNER on the basis of the ENGINEER'S Direct Labor Costs tithes a factor of 2.97 -0 2.759 , or
an amount otherwise negotiated at the time such services are requested and approved by the OWNER.
Amend Section 7.3 of the Professional Services Agreement as follows:
73 DIRECT LABOR COSTS
Direct Labor Costs used as a basis for payment mean the actual salaries and wages paid to all ENGINEERS personnel engaged
directly on the Project, including, but not 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:
Principals
Project Manager
Senior Engineer
Staff Engineer
Senior Technicians
CADD Drafter
Technicians
Construction Inspector
Surveyor
Clerical
$ 50.33 (Wacker) /hour
$ 39.33 (Cavan augh)/hour
$ 35.48 (Venner)/hour
$ 35.00 Thom son !hour
S 24.76 (N. Bell)/hour
$ 21.73 (Ark hour
S 27.16 (Knuth)/hour
S 30.87 (Zimmer)/hour
S 3 5. 10 (Stark)/hour
S 16.59 (Slyder)/hour
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.
CITY OF BO2E A
.By
" a City Manager
ATTE ,
f' J gip:
Cty C4 _
U
1.
ENGINEER
By:
Its. lei' 7D%` IVer2