HomeMy WebLinkAboutE9 Hyalite Transmission Main Project Amendment No. 3 -tr co. �
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Sue Stodola, Project Engineer
Chris Kukulski, City Manager
SUBJECT: Hyalite Transmission Main Project
Professional Services Agreement Amendment No. 3
MEETING DATE: November 6,2006, Consent Agenda
BACKGROUND: Three(3)original signature copies of the partially executed Amendment No 3 to
the Professional Services Agreement for the above referenced project have been
provided to the City Clerk.
The current Professional Services Agreement, which was signed on February 3,
2003, consists of pre-design design engineering services only. Amendment No. 1
to the Professional Services Agreement, which was signed on August 25, 2003,
consists of preliminary and final design, and bidding and construction phase
engineering services. Amendment No. 2 to the Professional Services Agreement,
which was signed on May 16, 2005, consists of additional services to the final
design, and bidding and construction phase engineering services.
Amendment No. 3 provides for an increase to the bidding and construction fees
for items which occurred during the course of the construction phase, such as
additional construction inspection due to increased construction time, additional
shop drawing review, additional coordination with the United States Forest
Service, and additional construction services by the corrosion control consultant.
The cost of these bidding and construction phase services increases the contract
from $266,210.00 by$90,723.00 for a total of$356,933.00.
The total amount of the amended Professional Services Agreement is
$837,434.00.
RECOMMENDATION: The Commission make a motion to authorize the City Manager to sign the
Hyalite Transmission Main Professional Services Agreement Amendment No.
3.
Commission Memorandum
Hyalite Transmission Main Project, Professional Services Agreement Amendment No. 3
November 6,2006,Consent Agenda
Page 2 of 2
FISCAL EFFECTS: The project will be funded through Water Impact Fees, Water Enterprise
Funds, and U.S. Environmental Protection Agency STAG Grant Funds.
ALTERNATIVES: As may be suggested by the City Commission.
Respectfully submitted,
Susan M. Stodol , Project Engineer Chris A. Kukulski, City Manager
Attachments: Amendment No. 3
Report compiled on 10/30/06
cc: Brit Fontenot w/orig. enclosures
Project File
AMENDMENT NO. 3 TO
PROFESSIONAL SERVICES AGREEMENT
FOR
HYALITE TRANSMISSION MAIN PROJECT
MMI.No.417.040
THIS IS AN AGREEMENT made as of ,2006,between
THE CITE' OF BOZEMAN, a Municipal Corporation, P.U. Box 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
February 3, 2003,including Amendment No.1 dated August 25, 2003 and Amendment No.2 dated
May 16,2005,herein referred to as the Original Agreement, for professional engineering services for
the Hyalite Transmission Main Project; and
WHEREAS, the Original Agreement as amended presumed a construction time period of
210 days and the actual construction time period is anticipated to be approximately 305 days; and
WHEREAS, the parties desire to amend provisions of the Original Agreement to include
additional budget to allow for adequate construction engineering services.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREINT, the parties agree as follows:
The conditions and provisions set forth in the attached EXHIBIT C-2 (AMENDMENT NO. 3) -
ENGINEERING FEE ESTIMATE(BIDDING AND CONSTRUCTION)are hereby incorporated in
and made part of this Agreement.
Article 6- Compensation For EnLFineerin2 Service
Article 6 .2 of the original agreement is replaced as follows:
6.2 DIRECT LABOR COST PAYMENT FM BASIC SERVICES AND EXPENSES OI;ENGINEER.
Bidding,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 he compensated in
accordance with the following:
6.2.1 The OWNER shall pay for Bidding Phase,Construction Phase and Project Documentation
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Services an amount not to exceed$356,93 3.00 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 3.00 for services rendered which shall cover Direct Labor,
Direct Labor Overhead,General&Administrative Overhead and Profit,plus reimbursable expenses as
provided in 6.2.2.
6.2.1.2 Notification. At any time during the construction that it becomes apparent that the Bidding
Phase,Constriction 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 6.2.13. If it is detern-iined 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,
6.2.1.3 Costs Exceeding Estimated Compensation. Except as allowed under 5.2.1,when the total cost
of the original scope Bidding Phase,Construction Phase and Project Documentation Services exceeds
the negotiated compensation for these services, the OWNER shall pay only f'or the direct costs
incurred in excess of the estimated compensation. These costs consist of an amount equal to the
ENGINF..ER'S Direct Labor Cost times a factor of 2.6087 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.
6.2.2. 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 $50,047.00 which includes $21,575.00 for
consultants employed by the h:ngineer and $28,472.00 for all other reimbursable expenses. The
estimated reimbursable expenses are identified in Exhibit"C-2".
6.2.3. 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 times a
factor of 3.00 , or an amount otherwise negotiated at the time such services are requested and
approved by the OWNER.
Article 7.3 of the original agreement 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
ENGINEER's 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 maximumbillable Direct Labor Costs
are:
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Principals $ 54.00/hour
Supervising Engineer III $44.00/hour
Supervising Engineer II $4 1.00/hour
Supervising Engineer 1 $ 37.00/hour
Senior Engineer II $ 34.00/hour
Senior Engineer I $ 31.00/hour
Design Engineer II $ 29.00/hour
Design Engineer I $ 25.00/hour
Staff Engineer $ 23.00/hour
Senior Environmental Professional $ 32.00/hour
Environmental Professional $ 26.00/hour
Engineer Intem $ 22.00/hour
Senior Survey Manager $40.00/hour
Land Surveyor 1 $ 23.00/hour
Survey Technician* $ 16.00/hour
Senior Technicians* $ 24.00/hour
(;ADD Drafter* $ 20.00/hour
Technicians* $ 14.00/hour
Two Person Survey Crew* $ 40.00/hour
Clerical * $ 16.00/hour
*Nonprofessional 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 MORRISON-MATERLE, INC.
BY: BY: -- --
(City Manager) <�.. (Vice-President)
DATE: DATE: d CC 0
ATTEST:
BY:
(City Clerk) T
H:\0417\040\dots\('ON'1'1iA("I:S\f'SA Amendment#3.doc
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EXHIBIT C-2�Alnendment No.31-Engineering Fee Estimate(Bidding and Construction)
HYALITE TRANSMISSION MAIN PROJECT-CONSTRUCTION PHASE SERVICES
STAFF HOUR ESTIMATE
TOTAL SUPERVISING SUPERVISING SENIOR SENIOR SENIOR DESIGN STAFF SENIOR ENV. CADD SURVEY
TASK HOURS PRINCIPAL ENGINEER II ENGINEER I ENGINEER II ENGINEER 11 ENGINEER I ENGINEER 11 ENGINEER ENV. PROFESSIONAL DRAFTER CREW CLERICAL
Bidding Advertising
Phase Bid D^c Jn1En15 16 16
Qn P,li m,a c'C,-,,,i 212 2. 4 4 4 8
Pr(i Bid",,l-i::1 20 4 8 8
Addenda,I 10 2 2 2 4
Bid Dr, —q 4 2 2
Bid Ana%:as 18 2 4 8 4
Cun;rw!A-10.e,,,,ds:,,,n 14 4 8 2
Qnnlib;Assurance 2 2
SUBTOTAL OF STAFF HOURS REQUIRED 108 2 14 26 6 38 22
HOURLY LABOR COST $138 $121 $108 $99 $99 $83 $83 $68 S95 S65 S58 S'D5 S37
LABOR COST BY POSITION $276 $1.512 $2,674 $594 S3,154 $614
TOTAL LABOR: S8,924
TOTAL EXPENSES $850 fSee summary sheet of reir,bursable construrt-Lon and bidding chase expenses,breakdcrm beh+een bidding and cOpStnnton eslimated.)
TOTAL COST OF PHASE: $9,774
Construction Observation (300 working days} 2390 24 60 270 36 600 1400
Phase Construction Staking 120 8 16 16 80
Sinp Drayhrg Review 184 4 4 16 80 18 2D 49 4
Coordinsuon 144 24 120
Administration 552 24 24 180 2e 180 120
Record Dravings 136 2 8 2 32 40 48 4
Warranty Inspection 46 4 16 8 8 8 4
Quality Assurance 60 16 24 49
SUBTOTAL CF STAFF HOURS REQUIRED 3654 92 26 146 682 86 840 t6 1488 64 00 132
HOURLY LABOR COST 5138 5121 S106 $99 $99 $63 $83 $68 $85 $65 $58 S1D5 $37
LABOR COST BY POSITION $12,696 $3,388 $15,768 $67,518 $8,514 $69,721) $1,321 $101,184 $3,712 $8.400 $4,894
TOTAL LABOR: $297,112
TOTAL EXPENSES 550.D47(See summary sheel Or reimbursable a nstruction aird bidding phase expenses.breakdown behveen bidding and construction estimated.)
TOTAL COST OF PHASE: $347,159
TOTAL CONSTRUCTION PHASE SERVICES $356,933
Exhibit "C-2" (Amendment No. 3) Engineering Fee Estimate
(Bidding and Construction)
Estimate of Bidding and Construction Phase Services Reimbursable Expenses
Technology and Communications Charge $3.50/hour x 3,762 hrs = $13,167
(Computers, phones, faxes and plotting.)
Automobile $0.67 x 12,000 miles = 8,040
Automobile Rental $70 x 2 days = 140
Air Fare $300 x 2 trips = 600
Architectural Consultant = 1,575
Corrosion Control Consultant = 20,000
Copies $0.10 x 6,000 copies - 600
Blueline Prints $0.10 x 6,000 sf = 600
Nuclear Densometer $650/month x 4 months = 2,600
Total Station $55 x 5 days = 225
GPS/RTK $200 x 5 days = 1,000
Miscellaneous, Postage, Shipping, Etc. = 1,500
Total =$50,047