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HomeMy WebLinkAbout15- Amendment No. 4 Morrison-Maierle North 7th Lighting Design and Construction AdministrationAMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT FOR NORTH 7T11 LIGHTING DESIGN AND CONSTRUCTION ADMINISTRATION MMI. No. 0417.063 THIS IS AN AGREEMENT made as of ) I, between THE CITY OF BOZEMAN, a Municipal Corporation, P.O. Box 1230, Bozeman, nt a, 59771-1230 (OWNER) and Morrison- Maierle, Inc., P.O. Box 1113, Bozeman, Montana, 59771-1113 (EN EER). 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's Lighting Design and Construction Administration project; and WHEREAS, the scope ofthe Original Agreement included preliminary design, final design, bidding and negotiating services, construction services and miscellaneous services; and WHEREAS, the scope ofAmendment No.l to the Original Agreement included additional miscellaneous services; and WHEREAS, the scope of Amendment No.2 to the Original Agreement included a pre -design investigation services phase; and WHEREAS, the scope of Amendment No.3 to the Original Agreement included additional preliminary design, final design, bidding and negotiating services, construction services and miscellaneous services; and WHEREAS, the parties desire to amend provisions of the Original Agreement to include additional pre -design investigation 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 EXHIBIT C-4 — SCOPE OF SERVICES FOR NORTH 7Tn LIGHTING DESIGN AND CONSTRUCTION ADMINISTRATION and EXHIBIT D-4 — ENGINEERING FEE ESTIMATE are hereby incorporated in and made part of this agreement. The Scope of Services and Engineering Fees are increased per these exhibits. ARTICLE 1- ENGINEERING SERVICES Article 1.1 of the original agreement is modified to include the following: 1.1. The detailed description of the specific project components is described as follows: Perform pre -design investigation services for improvements to North 7" Avenue, between Durston Road and West Main Street, specifically including easement document creation for all properties adjacent to N. 7th. ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE Article 6.1 of the original agreement is modified as follows: 6.1 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER 6.1.1 Payment. The OWNER shall for design phase services performed as Basic Engineering Services under sections 4.1 through 4.3 of this agreement pay a total sum in the amount of $137.228.56 for such services. 6.1.2 Payment Schedule. Total cumulative payments for the design phase engineering services (sections 4.1 through 4.3) shall not exceed the following ceilings: $41.880.56 (-30% of design fee) until the Pre -Design Investigation Phase report and exhibits have been submitted to the OWNER. $72.098.00 (-53% of design fee) until the Preliminary Plans and Specifications have been submitted to the OWNER and review authorities. $23.250.00 (-17% of design fee) until the Final Plans and Specifications have been submitted to the OWNER and review authorities. 6.1.3 General. Engineer shall submit monthly statements for services rendered. The statements shall be based upon Engineer's estimate of the proportion of the total services actually completed at the time of billing, subject to any limitations on Payments based on completion of tasks or specific retainage requirements pursuant to the payment provisions of the Agreement. 6.1.4 Reimbursable Expenses Only those expenses specifically identified for payment under section 6.2 of this Agreement are reimbursable. All other design related expenses are included in the Lump Sum Payment for the Basic services (4.1 through 4.3) and are not separately reimbursable. Additional Services specifically identified under the scope of design services for payment under 6.1 are not separately reimbursable. 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: L"_ `^ Lj (City Manager) DATE: Z —ICD —1 S ATTEST: s.y B (City Cler MORRISON-MAIERLE, INC. ABY: C� (Vice -President) DATE: 14 1* o . a01 V N:\0417\063\Cantracts-Client\Con"ct Amend H4\PSA Amendment il4.doc AAi MORRISON MAIERLE,hC. Ari fmp'�,fCdaeYJ Exhibit C-4 - Scope of Services for N. 7`n Lighting Design and Construction Administration Durston Road to Main Street Easement Documents November 17, 2014 Pre -Design Investigation Phase The pre -design investigation phase will proceed following written authorization to proceed from the owner. This phase focuses on preparing easement documents for all properties adjacent to the N. 7a' R.O.W and between Durston Road and Main Street. The following sections describe each task as well as identifying the deliverable for each task. Task 001 Easement Creation Task Description — Create legal easement documents for twenty-eight (28) properties along N. 7a'. Includes drafting the WORD document and the associated exhibit. Task deliverable — WORD documents of the easements, PDF's of associated exhibits and hard copies of all easement documents. Task 002 Update Graphical Easement Exhibits Task Description — Update easement exhibits (28 total) previously prepared to reflect current easement needs. Add detail and notes as necessary to clearly illustrate the project. Task deliverable — PDF's and hard copies of all easement exhibits. Task 111 NSURB Meetings (1) Task Description — Attendance at one (1) NSURB meeting to present project status and findings. Task deliverable — Attendance and presentation at NSURB meeting. Ai MORRISON Ma MAIERLE,ixc. Task 112 Quality Assurance/Quality Control Task Description — This task includes effort associated with project coordination and quality assurance review. Task deliverable — N/A 2 Exhibit D-4 - Engineering Fee Estimate City of Bozeman, MT - North 7th Lighting Easement Creation (Durston to Main) Prepared For: Allyson Brekke ineerinq Services 001- Phase 3 - Easements Al i JJ MORMSON MA MA)ERLE,i%c. 001. Easement Creation (word document and Senior EnQlneer I 28.00- _ 124.00 3472.00 certified easement exhibit) Land Sumevor II 48.00.00 4 512.00 Engineering Technic an n nn Uu ton 00 $3,960.00 002. Update Graphical Easement Exhibits (Added Senior Engineer t I A nn m see,ry -..'- • •.. �...-`..`.., documents) Senior Engineer I 3.00 $324.00 $372.00 Project Total - Engineering Services %//////��M��� 817,542.00 N:\0517\003\CmAmcts-dknt\Contra Amend #4\EXhibe D4 - Engine nrg Fee EsU.b6 bs 11/14/2014