HomeMy WebLinkAbout04- Morrison Maierle, Inc.; Bozeman Wastewater Treatment Plant 2003 Modifications - Professional Services Agreement (Amendment 1)
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AMENDMENT NO.1 TO
PROFESSIONAL SERVICES AGREEMENT
FOR
BOZEMAN WASTEWATER TREATMENT PLANT (WWTP) 2003 MODIFICATIONS
MMI. No. 417.041
THIS IS AN AGREEMENT made as of January 5 ,a,
between THE CITY OF BOZEMAN, a Municipal Corporation, P.O. Box 1230, Bozeman,
Montana, 59771-1230 (OWNER) and Morrlson-Malerle, Inc., P.O. Box 1113, Bozeman,
Montana, 59771-1113 (ENGINEER).
WHEREAS the parties previously entered into a Professional Services Agreement dated
February 3, 2003, herein referred to as the Original Agreement, for professional engineering
services for the "Bozeman Wastewater Treatment Plant (WWTP) 2003 Modifications" project;
and
WHEREAS, the parties desire to amend provisions of the Original Agreement to include
design and construction engineering services for replacement of existing building roofs under
the current 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 A - ENGINEERING FEE
ESTIMATE (BUILDINGS ROOFING DESIGN & BID DOCUMENTS), is hereby incorporated in
and made part of this Agreement.
Article 1 - Enaineerina Services
Section 1.1 of the Original Agreement is amended by adding the following:
BUILDINGS ROOF REPLACEMENT
. Incorporate design and construction engineering services for the replacement
of exiting roofs on the Blower, Thickener and Administration Buildings into the
Wastewater Treatment Plant Project.
Article 6 - Compensation For Enaineerina Service
Article 6 of the original agreement is replaced with the following:
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 $234,288 for such services.
6.1.2. Pavment Schedule. Total cumulative payments for the design phase engineering
services (sections 4.1 through 4.3) shall not exceed the following ceilings:
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$54.943 until the Pre-design Investigation and Preliminary Design Report have been
submitted to the OWNER.
$212.809 until the Preliminary Plans and Specifications have been submitted to the
OWNER and review authorities.
$234.288 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 Exoenses. 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
6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF
ENGINEER.
Bidding or negotiating, construction, and project documentation services performed as Basic
Engineering Services under sections 4.4 through 4.7 including Bidding, 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 Bidding or Negotiating Phase, Construction Phase,
and Project Documentation/Testing Services an amount not to exceed $246.267 except
as provided under 6.2.1.2 and 6.2.4.
6.2.1.1. Costs Comoensation. 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.
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. If it is determined 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.
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6.2.1.3. Costs Exceedina 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 2.61 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
$4.240 which includes $3.795 for consultants employed by the Engineer and $445 for all
other reimbursable expenses. The estimated reimbursable expenses are identified in
Exhibit "A ".
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.
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-MAIERLE, INC.
BY: 1 -1 .
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(City Manager)
DATE: January 5. 2004 DATE: bee'.... \Z 2'003
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ATTEST:
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EXHIBIT A
PAGE 1 OF 2
ENGINEERING FEE ESTIMATE
STAFF HOUR ESTIMATE
TOTAL SUPERVISING SENIOR DESIGN CADD STAFF
TASK HOURS PRINCIPAL ENGINEER I ENGINEER ENGINEER II DRAFTER ENGINEER CLERICAL
4.1,4.2, 4.3 . DESIGN PHASE 24 4 16 4
Hours Subtotal 24 4 16 4
COSt Subtotal $1,768.00 $392.00 $1.248.00 $128.00
SUBTOTAL OF STAFF HOURS REQUIRED 24 4 16 4
HOURLY LABOR COST $120.00 $98.00 $78.00 $73.00 $52.00 $63.00 $32.00
LABOR COST BY POSITION $1,768.00 $392 $1,248 $128
TOTAL COST OF LABOR; $1,768.00
NUMBER UNIT TOTAL
DIRECT EXPENSE DESCRIPTION UNITS UNITS COST COST
Subsistence Per Diem days $23.00 $23.00
Automobile Transportation
Mileage miles 25 $0.67 $16.75
Subcontracted Services Taylor Hanson Kane Architects Is 1 $3.795.00 $3.795.00
General Printing sheets 625 $0.10 $62.50
Plan Printing sf 300 $0.55 $165.00
Technical Support hours 24 $3.00 $72.00
PostagalFreight each 1 $10.00 $10.00
Miscellaneous Is 1 $250.00 $250.00
TOTAL DIRECT EXPENSES $4,384.25
LABOR LABOR EXPENSE COST
TABLE I DESCRIPTION EXPENSE FACTOR FACTOR CEILING
Direct Labor $1.768 1.00 $1,768
Direct Expanses $4,394 1.10 $4.834
4.1, 4.2 & 4.3 . OESIGN PHASE SUBTOTAL $6,602
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EXHIBIT A
PAGE 2 OF 2
ENGINEERING FEE ESTIMATE
TOTAL SUPERVISING SENIOR DESIGN RESIDENT STAFF
TASK HOURS PRINCIPAL ENGINEER I ENGINEER ENGINEER II REP. ENGINEER CLERICAL
4.4 . BIDDING PHASE 8 2 2 4
Hours SUbtotal 8 2 2 4
Cost Subtotal $480.00 $196.00 $156.00 $128.00
4.5,4.6 & 4.7 - CONSTRUCTION PHASE, PROJECT
DOCUMENTATION & CONSTRUCTION TESTING 18 4 8 4
Hours SUbtotal 16 4 8 4
Cost Subtotal $1,144.00 $392.00 $624.00 $128.00
SUBTOTAL OF STAFF HOURS REQUIRED 24 6 2 8 8
HOURLY LABOR COST $480.00 $120.00 $98.00 $78.00 $73.00 $78.00 $63.00 $32.00
LABOR COST BY POSITION $588 $158 $624 $256
TOTAL eOST OF lABOR: $1,624
NUMBER UNIT TOTAL
DIREeT EXPENSE DESeRIPTION UNITS UNITS COST COST
Subsistence Per Diem days $23.00 $23.00
Automobile Transportation
Mileage mUes $0.67
Subcontracted Services Taylor Hanson Kane ArcMects Is 1 $3,795.00 $3.795.00
General Printing sheets 100 $0.10 $10.00
Plan Printing sf 100 $0.55 $55.00
Photos Is 1 $25.00 $25.00
Technical Support hours 24 $3.00 $72.00
PostageJFreight each 1 $10.00 $10.00
Miscellaneous Is 1 $250.00 $250.00
TOTAL DIRECT EXPENSES $4,240.00
LABOR LABOR EXPENSE COST
TABLE'DESCRIPTION EXPENSE FACTOR FACTOR CEILING
Direct Labor $1.624 1.00 $1,624
Direct Expanses $4,240 1.00 $4,240
4.4, 4.5, 4.6 & 4.7 PHASES SUBTOTAL $5,864
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