HomeMy WebLinkAbout12- Morrison-Maierle North 7th Lighting and Construction Administration Professional Services Agreement, Amend No. 1AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
FOR
NORTH 7TH LIGHTING DESIGN AND CONSTRUCTION ADMINISTRATION
MMI. No. 417.063
THIS IS AN AGREEMENT made as of T 1 U I Z 2012, between THE CITY OF
BOZEMAN, a Municipal Corporation, P.O. Box 1230, 11ozeman, 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 July 11, 2011, herein
referred to as the Original Agreement, for professional engineering services for the North 7`h Lighting Design and
Construction Administration project; and
WHEREAS, the scope of the Original Agreement included pre - design investigation and preliminary design
services only; and
WHEREAS, the parties desire to amend provisions of the Original Agreement to include additional preliminary
design engineering services for the project.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, the
parties agree as follows:
The conditions and provisions set forth in the attached letters dated March 9, 2012 and August 3, 2012 are hereby
incorporated in and made part of this Agreement. The Scope of Services and Engineering Fees are increased per these
Ietters.
ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE
Article 6.3 of the original agreement is replaced as follows:
6.3 DIRECT LABOR COST PAYMENT FOR MISCELLANEOUS SERVICES AND EXPENSES OF
ENGINEER.
Task 701 shall be compensated in accordance with the following:
6.3.1 The OWNER shall pay for Miscellaneous Services an amount not to exceed $30,000.00 except as provided
under 6.3.1.2 and 6.3.3.
6.3.1.1 Costs Compensation. Compensation for these services shall be based on the ENGINEER's Direct
Labor Cost times a factor of 3.15 for services rendered which shall cover Direct Labor, Direct Labor
Overhead, General & Administrative Overhead and Profit.
6.3.1.2 Notification. At any time during the project that it becomes apparent that the Miscellaneous
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 6.3.1.3. If it is determined that due to a change in project scope under
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paragraph 5.2.1, the ENGINEER is entitled to additional compensation, OWNER and ENGINEER may
negotiate terms as provided under 6.3.1.1. The amount and terms of any additional compensation under
6.3.1.1 or 6.3.1.3 shall be negotiated and agreed in writing pursuant to 9.16.
6.3.1.3 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 2.74 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.
6.3.2. 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 $ 6,500.00 which includes $ 0.00 for consultants employed by the Engineer and $
6,500.00 for all other reimbursable expenses. The- e- timated rei-m—b4-sal3}e expenses are identified in Exhibit=
6.3.3 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 times a factor of 3.15, or an amount
otherwise negotiated at the time such services are requested and approved by the OWNER.
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.
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In witness whereof, the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN, MONTANA
BY:
(City Manager)
DATE:
ATTEST: < O 'F B 0 '
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MORRISON- MAIERLE, INC.
BY: I-:Z C-Ly
(Vice - President)
DATE: t", l co
N:1 0417 10631Contracts- Client\Contract Amend #RFinal P5A Amendment #Ldoc
3
LAW
MORRISON
EZ� MMERLE, INC.
An Einp)oyee -Owned Company
August 3, 2012
City of Bozeman
Attn: Dustin Johnson
PO Box 1230
Bozeman, MT 59771 -1230
ENGINEERS
SCIENTISTS
SURVEYORS
PLANNERS
2880 TECHNOLOGY nu w • B02EWN, MT 59715 • 406 - 587 -0721 • FAX 406 -587 -1176
Re: Bozeman — N. Tin Light Design & Const.
Contract Amendment
M M 1 #: 0417.063
Dear Dustin:
The table below illustrates the current project budget and invoicing. The plans and
specifications are currently under city review at this time and bidding should occur
within a couple of weeks.
Phase
Budget
Invoiced to Date
% Complete
Preliminary Design
$49,000.00
$49,000.00
100%
Final Design
$11,980.00
$11,980.00
100%
Miscellaneous Services
$5,000.00
$4,888.68
98%
Overall Desi n
$65,980.00
$65,868.68
99.8%
Before we transition to the next phase of this project, construction, I would like to review
the additional scope items that have been completed as part of this phase. We have
discussed a number of these items previously, but please take the time to review and feel
free to contact me with any questions.
Per March 91h, 2012 Contract Amendment Letter:
1. Cat's Paw draft easement document
2. Debo's Pawn draft easement document
$500.00
$500.00
3. Re- submittal to MDT $9,500.00
(MDT has required additional plan and specification review on this project,
instead of the abbreviated `lighting calculations" review we were told at the
beginning of the project. Additional effort includes plan modifications to
incorporate MDT requirements, detailed MDT style specifications, submittal
packaging, and review coordination.
"Providing resources in partnership with clients to achieve their goals"
MOWSON
EW� MMERLE, INC.
An Employee- Orvned Company
4. Sample light $5,500.00
(Includes discounted cost of pole/fixtures, precast base, and coordination
with suppliers. Installation and potential generator costs are not included at
this time. We are working with John Vandelinder to potentially have Gallatin
Electric install this pole.)
$16,000.00
Additional scope items since March 9", 2012:
1. First National Pawn streetscape design /easement coordination $1,250.00
(Completed alley approach, sidewalk, boulevard, and grading design.
Coordinated with city in regards to existing `draft "easement. Easement was
unable to be executed so design was not included on the construction
plans).
2. Additional NSURB meetings and city staff meetings $1 ,000.00
(Design phase extended due to changes in arm selection).
3. Arm selection research $1,000.00
(Research available arms and associated costs. Prepare cut sheets for
board member review /approval).
4. New arm Photoshop rendering $650.00
(Preparation of rendering of existing "sample" light with new arm).
5. Revised lighting calculations $1,350.00
(Completion of revised calculations for luminaires with new arm).
6. Plan and specification revisions $750.00
(Revisions based on new arm).
7. MDT review coordination $2,500.00
(Lighting calculation re- review. Coordination for overpass project).
8. Luminaire Procurement assistance 504.00
(Assist city with procurement of ten MDT overpass luminaires).
$9,000.00
Total amendment amount: $25,000.00
I have prepared a draft contract amendment for your review as well. See attached.
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"Providing resources in partnership with clients to achieve their goals"
MORRISON
i o MAIERLE, rNC.
An Employee - Owned Company
As always, we appreciate the opportunity to work with you and look forward to continued
service in the future. Please contact me at 922 -6823 if you have any questions.
Sincerely,
A MORRiSON- MAIERLE, i�c.
Kevin Jacobsen, P.E.
Project Manager
N. 0417 10631Contracts- ClientlContracl Amend #11Contract Amend Letter 060312.doc
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"Providing resources in partnership with clients to achieve their goals"