HomeMy WebLinkAbout16- Amendment 1 to PSA - Morrison-Maierle - Sunset Hills Cemetery and Lindley Park Water Conservation ProjectAMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
FOR
SUNSET HILLS CEMETERY AND LINDLEY PARK WATER
CONSERVATION PROJECT
MMI. No. 0417.076
THIS AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT
dated November 16, 2015 ("Original Agreement") is made as of
2016, between THE CITY OF BOZEMAN, a Municipal
Corporation, P.O. 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
November 16, 2015 for professional engineering services for the Sunset Hills Cemetery and
Lindley Park Irrigation Project; and
WHEREAS, the scope of the Original Agreement included services for the pre -design
services; and
WHEREAS, the parties desire to amend the Agreement to include design, construction,
and grant support phase 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 A — ENGINEER'S STATUS
DURING CONSTRUCTION, EXHIBIT B — LISTING OF THE DUTIES, RESPONSIBILITIES
AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE,
EXHIBIT C — SCOPE OF WORK - DESIGN AND CONSTRUCTION ENGINEERING
SERVICES, and EXHIBIT D - ENGINEERING FEE ESTIMATE — DESIGN AND
CONSTRUCTION ENGINEERINGS SERVICES are hereby incorporated in and made part of the
Original Agreement.
Article 1 - Engineering Services
Section 1.3 is added to the Original Agreement as follows:
1.3 Services for design and construction engineering services as identified in Exhibit C.
Article 4 — Basic Engineering Services
Sections 4.2, 4.3, 4.4, 4.5, 4.6 and 4.7 are added to the Original Agreement as follows:
4.2 PRELIMINARY DESIGN PHASE
After acceptance of the pre -design report and receipt of written authorization to proceed with the
Preliminary Design Phase, ENGINEER shall:
4.2.1. In consultation with OWNER determine general scope, extent and character of the
Project.
4.2.2. ENGINEER shall then prepare a Preliminary Design Report, preliminary plans and
specifications and a written description for the Project.
4.2.3. Preliminary Design Report: Specific items to be addressed in the design report will
include, but not be limited to:
4.2.3.1. Summary of construction requirements with appropriate drawings
for each task included in the project.
4.2.3.4. Special design considerations for Project tasks with conditions not
covered in standard construction methods or specifications.
4.2.3.5. A traffic control plan for each project task, if necessary.
4.2.4. Design and Construction Survey The ENGINEER shall conduct a design field
survey of the project areas, as necessary, for locating existing utilities (such as gas, power,
telephone, TV cables, water and sewer lines, irrigation facilities, fences, and approach
driveways), existing right-of-way and easements, and making measured drawings of or
investigating conditions of existing facilities. The ENGINEER shall provide suitable
horizontal and vertical reference control points for the construction phase.
4.2.5. Permits and Rights -of -Way: The ENGINEER shall obtain approved permits,
licenses, and/or easement agreements from private landowners and any other agencies or
entities requiring similar approvals prior to bidding. These approvals will be coordinated
with the OWNER and will be made on easement and permit documents approved by
the OWNER. Information and easement descriptions provided in the Basic Engineering
Services will be based on data available from design surveys and courthouse records.
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4.2.7. Preliminary Plans and Specifications. Prepare preliminary construction plans and
specifications with information which addresses the special features of each project task.
4.2.8. Based on the information contained in the preliminary design documents,
ENGINEER will submit a revised opinion of probable Total Project Costs to the OWNER.
4.2.9. ENGINEER shall prepare and furnish complete paper and electronic copies of
preliminary bidding documents and design report as requested to OWNER and at the same
time furnish copies as directed by OWNER to agencies and/or parties having regulatory
responsibilities or direct financial participation in any part of the Project; provide any
technical criteria, written descriptions and design data necessary for securing permits or
approval from authorities having jurisdiction to review and approve the design, and assist
owner in securing such approvals; and review documents in person with OWNER and
review authorities, and, if necessary, conduct a plan-in-hand site review. All changes
agreed to between ENGINEER and OWNER will be noted in a memorandum from the
ENGINEER to the OWNER and incorporated into the final plans and specifications.
The Preliminary Design Phase will be completed and submitted within 90 calendar days
following written authorization from OWNER to ENGINEER to proceed with that phase of
services.
4.3 FINAL DESIGN PHASE
After written authorization to proceed with the Final Design Phase, ENGINEER shall:
4.3.1. On the basis of the accepted Preliminary Design documents and the revised opinion
of probable Total Project Costs, prepare for incorporation in the Contract Documents final
drawings and Technical Specifications of sufficient detail to show the general scope, extent
and detailed character of the work to be furnished and performed by the Contractor(s)
suitable for use in the project bidding and construction.
4.3.2. Advise OWNER of any adjustments to the latest opinion of probable Total Project
Costs caused by changes in general scope, extent or character or design requirements of
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the Project or Construction Costs. Furnish to OWNER a revised opinion of probable Total
Project Costs based on the Drawings and Specifications.
4.3.3. Prepare for review and approval by OWNER, its legal counsel and other advisors,
contract agreement forms, general conditions and supplementary conditions, and (where
appropriate) bid forms, invitations to bid and instructions to bidders, special provisions,
technical specifications, and standard drawings, and other related contract documents in
conformance with the latest edition of the Montana Public Works Standard Specifications
(MPWSS) and City of Bozeman Modifications to MPWSS adopted by the City of
Bozeman.
4.3.4. Furnish OWNER six copies and an electronic copy of the Contract Documents
(including design drawings, specifications and contracts).
The Final Phase will be complete and submitted within 45 calendar days following
written authorization from OWNER to ENGINEER to proceed with that phase of services.
4.4 BIDDING OR NEGOTIATING PHASE
After written authorization to proceed with the Bidding or Negotiating Phase, ENGINEER shall:
4.4.1. Assist OWNER in advertising for and obtaining bids or negotiating proposals for
construction contract(s) and record prospective bidders to whom Bidding Documents have
been issued, receive and process deposits for Bidding Documents and conduct pre-bid
conferences.
4.4.2. Provide interpretation or clarification to prospective bidders regarding the Bidding
Documents, and issue addenda as appropriate.
4.4.3. Consult with and advise OWNER as to the acceptability of the prime contractor,
subcontractors, suppliers and other persons and organizations proposed by the prime
contractor(s) (herein call "Contractor(s)") for those portions of the work as to which such
acceptability is required by the Bidding Documents.
4.4.4. Consult with OWNER and determine the acceptability of substitute materials and
equipment proposed by Contractor(s) when substitution prior to the award of contracts is
allowed by the Bidding Documents.
4.4.5. Attend the Bid opening, prepare bid tabulation, evaluate bids, assess bidders'
responsiveness and responsibility and make award recommendation to OWNER.
4.4.6 Facilitate contract award, and the execution and distribution of the contract
documents for construction, materials, equipment and services. Furnish Owner two
original signature sets of executed contract documents (including design drawings,
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specifications and contracts). Furnish contractor with one set of original signature executed
contract documents and up to three sets of construction documents.
4.5 CONSTRUCTION PHASE
The responsibilities of the ENGINEER during the Construction Phase are summarized as follows:
4.5.1. General Administration of Construction Contract. ENGINEER shall consult with
and advise OWNER and act as OWNER'S representative as provided in EXHIBIT A -
ENGINEER'S STATUS DURING CONSTRUCTION, attached to and made part of this
Agreement and may be further provided under the General Conditions of the contract
documents. The extent and limitations of the authority, duties, and responsibilities of the
ENGINEER on the construction job site as assigned here -in shall not be modified except
as the ENGINEER may otherwise agree in writing. All of OWNER's instruction to
Contractor(s) will be issued through ENGINEER who will have authority to act on behalf
of OWNER to the extent provided in the General Conditions except as otherwise provided
in writing.
In addition to the services provided under Article 10 (Exhibit A) the ENGINEER shall
provide the following services during construction:
4.5.1.1 Schedule and conduct a pre -construction conference.
4.5.1.2 Provide personnel, equipment and supplies for construction layout and
control, including establishment of line, grade, and blue top control staking.
4.5.1.3 Review Contractors' construction schedules and operations, and the
Contractors' traffic control plans and its implementation prior to the start of
construction.
4.5.1.4 Ascertain that the Contractor has secured required permits needed to
accomplish his work.
4.5.1.5 Prepare and provide weekly activity and progress reports to the City's Task
Director.
4.5.1.6 ENGINEER shall provide OWNER copies of all correspondence between
the ENGINEER and Contractor.
4.5.1.7 Issue stop and resume work orders, in whole or in part, when work is not or
cannot be performed in accordance with the Contract Documents.
4.5.1.8 Review and approve, for conformance with the project technical
specifications all shop drawings, and other Contractor submittals required by the
Contract Documents.
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4.5.1.9 During construction review Contractors' construction schedules and
evaluate conformance and progress under the Contract time provisions.
4.5.1.10 Prepare for OWNER'S approval any plan and specification changes
which due to any initial design or engineering deficiencies are required to complete
the project original design concept.
4.5.1.11 Inspect the project and when appropriate, and after conferring with
OWNER, issue a Certificate of Substantial Completion to the Contractor.
4.5.1.12 Prior to recommending final payment, schedule and conduct with
the OWNER a final project inspection and submit a report to the OWNER
documenting any outstanding items or deficiencies requiring correction prior to
final payment. Upon satisfactory project completion ENGINEER shall certify in
writing to the OWNER, and any required regulatory agencies, that the construction
was completed in accordance with the approved plans and specifications and is
performing in accordance with the design concept.
4.5.1.13 Twenty-three months after project substantial completion schedule
and conduct with the Owner a Two Year Warranty Inspection of the project and
advise the owner in writing whether project deficiencies exist and if the project is
performing in accordance with the design concept.
4.5.2. Resident Project Representative. ENGINEER shall provide a qualified Resident
Project Representative at the job site to provide observation of the work as provided in
EXHIBIT B - A LISTING OF THE DUTIES, RESPONSIBILITIES AND
LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT
REPRESENTATIVE, attached to and made part of this Agreement.
The ENGINEER shall submit to the OWNER, for review and acceptance, the resume of
each Resident Project Representative who may be assigned to the job site during the course
of the Project not less than 10 calendar days prior to the pre -construction meeting. Any
subsequent change in the resident representative shall also be subject to the OWNER'S
approval.
4.5.3 Limitations of Responsibilities. ENGINEER will not be responsible for
CONTRACTOR'S means, methods, techniques, sequences or procedures of construction,
or the safety precautions and programs incident thereto, and ENGINEER will not be
responsible for CONTRACTOR's failure to perform or furnish the Work in accordance
with the Contract Documents; however, nothing contained in this agreement shall be
construed to release ENGINEER from liability for failure to properly perform duties and
responsibilities assumed by ENGINEER in the Contract Documents.
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4.6. PROJECT DOCUMENTATION
ENGINEER shall furnish OWNER with (a) one mylar copy, two paper copies, and an electronic
copy of the Project Record Drawings ("As-Builts"), (b) written monthly progress reports, and (c)
a project notebook containing such correspondence and documentation as requested by OWNER.
4.7. CONSTRUCTION TESTING
The inspection services shall include material testing and verification of contract compliance with
job site requirements, plans and specifications.
The ENGINEER shall provide and maintain detailed documentation of the following material
testing:
1) Concrete strength, air content and slump
2) Embankment, trench backfill, and gravel and pavement densities
3) Aggregate gradations
4) Plant mix strength, flow and asphalt content
Article 6 - Compensation For Engineering Service
Sections 6.2, 6.3, and 6.4 are added to the Original Agreement as follows:
6.2 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF
ENGINEER
6.2.1 PUmement. The OWNER shall for design phase services performed as Basic
Engineering Services under sections 4.2 through 4.3 of this agreement pay a total sum in
the amount of _$87,918 for such services.
6.2.2 Payment Schedule. Total cumulative payments for the design phase engineering
services (sections 4.2 through 4.3) shall not exceed the following ceilings:
$ 43,959 (50% of design fee) until the Preliminary Plans and
Specifications have been submitted to the OWNER and review authorities.
$ 83,522 (95% of design fee) until the Final Plans and Specifications have been
submitted to the OWNER and review authorities.
6.2.3 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
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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.
6.2.4 Reimbursable Expenses. Only those expenses specifically identified for payment
under section 6.3 of this Agreement are reimbursable. All other design related expenses
are included in the Lump Sum Payment for the Basic services (4.2 through 4.3) and are not
separately reimbursable. Additional Services specifically identified under the scope of
design services for payment under 6.2 are not separately reimbursable.
6.3 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:
6.3.1 The OWNER shall pay for Construction Phase and Project Documentation Services
an amount not to exceed $57,978 except as provided under 6.3.1.2 and
6.3.4.
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 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 6.3.1.3. 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
6.3.1.1. 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
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Labor Cost times a factor of 2.87 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 $ 7,184
which includes $ 2,780 for consultants employed by the Engineer and $
4,404 for all other reimbursable expenses. The estimated reimbursable expenses
are identified in Exhibit " D ".
6.3.3. 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.
6.3.4 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 3.15 , or an amount otherwise negotiated at the
time such services are requested and approved by the OWNER.
6.4 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF
ENGINEER.
Grant administration support services, as identified on Exhibit "C", shall be compensated in
accordance with the following:
6.4.1 The OWNER shall pay for Construction Phase and Project Documentation Services
an amount not to exceed $15,963 except as provided under 6.4.1.2 and
6.4.4.
6.4.1.1 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.
6.4.1.2 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
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scope under paragraph 5.2.1, the ENGINEER is entitled to additional
compensation, OWNER and ENGINEER may negotiate terms as provided under
6.4.1.1. The amount and terms of any additional compensation under 6.4.1.1 or
6.4.1.3 shall be negotiated and agreed in writing pursuant to 9.16.
6.4.1.3 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 2.87 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.
6.4.2. 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 $ 4,899
which includes $ 4,369 for consultants employed by the Engineer and $ 530
for all other reimbursable expenses. The estimated reimbursable expenses are identified in
Exhibit " D ".
6.4.3. 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.
6.4.4 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 3.15 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.
In witness whereof, the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN, MONTANA
MORRISON-MAIERLE, INC.
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(City Manager)
DATE: t -; Q-q(Q DATE:
ATTEST:
BY:
(City Clerk)
• r,i , �5 � J.y -,
(Vice -President)
EXHIBIT A
TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL
SERVICES
ENGINEER'S STATUS DURING CONSTRUCTION
This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made
on November 16, 2015, between CITY OF BOZEMAN (OWNER) and MORRISON
MAIERLE, INC. (ENGINEER) providing for professional engineering services.
ARTICLE 10 - ENGINEER'S STATUS DURING CONSTRUCTION
10.1. OWNER'S REPRESENTATIVE
ENGINEER will be OWNER's representative during the construction period. The duties and
responsibilities and the limitations of authority of ENGINEER as OWNER's representative during
construction are set forth in the Contract Documents and shall not be extended without written
consent of OWNER and ENGINEER.
10.2. VISITS TO THE SITE
ENGINEER will make visits to the site at intervals appropriate to the various stages of construction
to observe the progress and quality of the executed Work and to determine, in general, if the Work
is proceeding in accordance with the Contract Documents. ENGINEER will not be required to
make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.
ENGINEER's efforts will be directed toward providing for OWNER's greater degree of confidence
that the completed Work will conform to the Contract Documents. On the basis of such visits and
on-site observations as an experienced and qualified design professional, ENGINEER will keep
OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects
and deficiencies in the Work.
10.3. PROJECT REPRESENTATION
If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to
assist ENGINEER in observing the performance of the Work. The duties, responsibilities and
limitations of authority of any such Resident Project Representative and assistants will be as
provided in EXHIBIT B, A LISTING OF THE DUTIES, RESPONSIBILITIES AND
LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE
10.4. CLARIFICATIONS AND INTERPRETATIONS
ENGINEER will issue with reasonable promptness such written clarifications or interpretations of
the requirements of the Contract Documents (in the form of Drawings or otherwise) as
ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from
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the overall intent of the Contract Documents. If CONTRACTOR believes that a written
clarification or interpretation justifies an increase in the Contract Price or an extension of the
Contract Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR
may make a claim therefor as provided in the General Provisions of the construction Contract
Document.
10.5. AUTHORIZED VARIATIONS IN WORK
ENGINEER may authorize minor variations in the Work from the requirements of the Contract
Documents which do not involve an adjustment in the Contract Price or the Contract Time and are
consistent with the overall intent of the Contract Documents. These may be accomplished by a
Field Order and will be binding on OWNER, and also on CONTRACTOR who shall perform the
Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in
the Contract Price or an extension of the Contract Time and the parties are unable to agree as to
the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in the
General Conditions of the Construction Contract.
10.6. REJECTING DEFECTIVE WORK
ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be
defective, and will also have authority to require special inspection or testing of the Work as
provided in the General Provisions of the construction Contract Document whether or not the work
is fabricated, installed, or completed.
10.7. SHOP DRAWINGS, CHANGE ORDERS AND PAYMENT
10.7.1. The ENGINEER's responsibility for Shop Drawings and samples shall comply with the
shop drawing provisions of the General Provisions of the construction Contract Document
10.7.2. The ENGINEER's responsibilities for Change Orders shall comply with the change
order provisions of the General Provisions of the construction Contract Document.
10.7.3. The ENGINEER's responsibilities for contractor's Application for Payment shall
comply with the payment provisions of the General Provisions of the construction Contract
Document.
10.8. DETERMINATIONS FOR UNIT PRICES
ENGINEER will determine the actual quantities and classifications of Unit Price Work performed
by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's
preliminary determinations on such matters before rendering a written recommendation thereon
(by recommendation of an Application for Payment or otherwise) to OWNER.
10.9. DECISION ON DISPUTES
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10.9. 1. ENGINEER will be the initial interpreter of the requirements of the Contract
Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other
matters relating to the acceptability of the Work or the interpretation of the requirements of the
Contract Documents pertaining to the performance and furnishing of the Work and claims
under The General Conditions of the Construction Contract in respect of changes in the
Contract Price or Contract Time will be referred initially to ENGINEER in writing with a
request for a formal decision in accordance with this paragraph, which ENGINEER will render
in writing within a reasonable time. Written notice of each such claim, dispute and other matter
shall be promptly reported and copied to the OWNER.
10.9.2. When functioning as interpreter under paragraphs 10.8 and 10.9.1, ENGINEER will
not show partiality to OWNER or CONTRACTOR and will not be liable in connection with
any interpretation or decision rendered in good faith in such capacity. The rendering of a
decision by ENGINEER pursuant to paragraphs 10.8 and 10.9.1 with respect to any such claim,
dispute or other matter will be a condition precedent to any exercise by OWNER or
CONTRACTOR of such rights or remedies as either may otherwise have under the Contract
Documents or by Laws or Regulations in respect of any such claim, dispute or other matter.
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10. 10. LIMITATIONS ON ENGINEER'S RESPONSIBILITIES
10.10.1. Neither ENGINEER's authority to act under this Article or elsewhere in the
Contract Documents nor any decision made by ENGINEER in good faith either to exercise or
not exercise such authority shall give rise to any duty or responsibility of ENGINEER to
CONTRACTOR, any Sub -contractor, any Supplier, or any other person or organization
performing any of the Work, or to any surety for any of them.
10.10.2. Whenever in the Contract Documents the terms "as ordered", "as directed", "as
required", "as allowed", "as approved" or terms of like effect or import are used, or the
adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of
like effect or import are used to describe a requirement, direction, review or judgment of
ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment
will be solely to evaluate the Work for compliance with the Contract Documents (unless there
is a specific statement indicating otherwise). The use of any such term or adjective shall not
be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing
or performance of the Work or any duty or authority to undertake responsibility contrary to the
provisions of paragraph 4.5.3.
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EXHIBIT B
TO AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES
A LISTING OF THE DUTIES, RESPONSIBILITIES AND
LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT
REPRESENTATIVE.
This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made
on November 16, 2015, between CITY OF BOZEMAN (OWNER) and MORRISON
MAIERLE, INC. (ENGINEER) providing for professional engineering
services.
ARTICLE 11- DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF
THE RESIDENT PROJECT REPRESENTATIVE
ENGINEER shall furnish a Resident Project Representative (RPR), assistants and other field staff
to assist ENGINEER in observing performance of the work of Contractor.
Through more extensive on-site observations of the work in progress and field checks of materials
and equipment by the RPR and assistants, ENGINEER shall endeavor to provide further protection
for OWNER against defects and deficiencies in the work of CONTRACTOR; but, the furnishing
of such services will not make ENGINEER responsible for or give ENGINEER control over
construction means, methods, techniques, sequences or procedures or for safety precautions or
programs, or responsibility for CONTRACTOR's failure to perform the Work in accordance with
the Contract Documents and in particular the specific limitations set forth in section 4.5 of the
Agreement are applicable.
The duties and responsibilities of the RPR are limited to those of ENGINEER in this agreement
and in the construction Contract Documents, and are further limited and described as follows:
11.1. GENERAL
RPR is ENGINEER's agent at the site, will act as directed by and under the supervision of
ENGINEER, and will confer with ENGINEER regarding RPR's actions. RPR's dealings in matters
pertaining to the on-site work shall in general be with ENGINEER and CONTRACTOR keeping
OWNER advised as necessary. RPR's dealings with subcontractors shall only be through or with
the full knowledge and approval of CONTRACTOR. RPR shall generally communicate with
OWNER with the knowledge of and under the direction of ENGINEER.
11.2. DUTIES AND RESPONSIBILITIES OF RPR
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11.2. 1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and
schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning
acceptability.
11.2.2. Conferences and Meetings: Attend meetings with CONTRACTOR, such as
preconstruction conferences, progress meetings, job conferences and the project -related
meetings, and prepare and circulate copies of minutes thereof.
11.2.3. Liaison:
11.2.3.1. Serve as ENGINEER's liaison with CONTRACTOR, working principally
through CONTRACTOR's superintendent and assist in understanding the intent of the
Contract Documents; and assist ENGINEER in serving as OWNER's liaison with
CONTRACTOR.
11.2.3.2. Assist in obtaining from OWNER additional details or information, when
required for proper execution of the Work.
11.2.4. Shop Drawings and Samples:
11.2.4.1. Record date of receipt of Shop Drawings and samples.
11.2.4.2. Receive samples which are furnished at the site by CONTRACTOR,
and notify ENGINEER of availability of samples for examination.
11.2.4.3. Advise ENGINEER and CONTRACTOR of the commencement of any
Work requiring Shop Drawing or sample if the submittal has not been
approved by ENGINEER.
11.2.5. Review of Work, Rejection of Defective Work, Inspections and Tests:
11.2.5.1. Conduct on-site observations of the Work in progress to assist
ENGINEER in determining if the Work is in general proceeding in accordance with
the Contract Documents.
11.2.5.2. Report to ENGINEER whenever RPR believes that any Work is
unsatisfactory, faulty or defective or does not conform to the Contract Documents,
or has been damaged, or does not meet the requirements of any inspection, test or
approval required to be made; and advise ENGINEER of Work that RPR believes
should be corrected or rejected or should be uncovered for observation, or requires
special testing, inspection or approval.
11.2.5.3. Verify that tests, equipment and systems startup and operating and
maintenance training are conducted in the presence of appropriate personnel, and
2127
the CONTRACTOR maintains adequate records thereof, and observe, record and
report to ENGINEER appropriate details relative to the test procedures and startup.
11.2.5.4. Accompany visiting inspectors representing public or other agencies
having jurisdiction over the Project, record the results of these inspections and
report to ENGINEER.
11.2.6. Interpretation of Contract Documents: Report to ENGINEER when clarifications
and interpretations of the Contract Documents are needed and transmit to CONTRACTOR
clarifications and interpretations as issued by ENGINEER.
11.2.7. Modifications: Consider and evaluate CONTRACTOR's suggestions for
modifications in Drawings or Specifications and report with RPR's recommendations to
ENGINEER. Transmit to CONTRACTOR decisions as issued by ENGINEER.
11.2.8. Records:
11.2.8.1. Maintain at the job site orderly files for correspondence, reports of
job conferences, Shop Drawings and samples, reproductions of original Contract
Documents including all Work Directive Changes, Addenda, Change Orders, Field
Orders, additional Drawings issued subsequent to the execution of the Contract,
ENGINEER's clarifications and interpretations of the Contract Documents,
progress reports, and other Project related documents.
3128
11.2.8.2. Keep a detailed and accurate diary or log book, recording
CONTRACTOR hours on the job site, weather conditions, prime and subcontractor
daily work force, daily log of equipment onsite or on standby, data relative to
questions of Work Directive Changes, Change Orders or changed conditions, list
of job site visitors, daily activities, decisions, observations in general, and specific
observations in more detail as in the case of observing test procedures; and send
copies to ENGINEER.
11.2.8.3. Record names, addresses and telephone numbers of all
CONTRACTORS, subcontractors and major suppliers of materials and equipment.
11.2.9. Reports:
11.2.9.1. Furnish ENGINEER periodic reports as required of progress of the
Work and of CONTRACTOR's compliance with the progress schedule and
schedule of Shop Drawing and sample submittals.
11.2.9.2. Consult with ENGINEER in advance of scheduled major tests,
inspections or start of important phases of the Work.
11.2.9.3. Draft proposed Change Orders and Work Directive Changes,
obtaining backup material from CONTRACTOR and recommend to ENGINEER
Change Orders, Work Directive Changes, and Field Orders.
11.2.9.4. Report immediately to ENGINEER and OWNER upon the
occurrence of any accident.
11.2.10. Payment Requests: Review applications for payment with CONTRACTOR for
compliance with the established procedure for their submission and forward with
recommendations to ENGINEER, noting particularly the relationship of the payment
requested to the schedule of values, Work completed and materials and equipment
delivered at the site but not incorporated in the Work.
11.2.11. Certificates, Maintenance and Operation Manuals: During the course of the
Work, verify that certificates, maintenance and operation manuals and other data required
to be assembled and furnished by CONTRACTOR are applicable to the items actually
installed and in accordance with the Contract Documents, and have this material delivered
to ENGINEER for review and forwarding to OWNER prior to final payment for the Work.
11.2.12. Completion:
11.2.12.1. Submit to CONTRACTOR,
items requiring completion or correction
Certificate of Substantial Completion.
4129
and ENGINEER a list of observed
before ENGINEER may issue a
11.2.12.2 Assess completion or correction of items noted under 11.2.12.1, advise
ENGINEER on their status, and make recommendation to Engineer regarding
issuance of a Certificate of Substantial completion.
11.2.12.3. Conduct final inspection in the company of ENGINEER, OWNER,
and CONTRACTOR and prepare a final list of items to be completed or corrected.
11.2.12.4. Observe that all items on final list have been completed or corrected
and make recommendations to ENGINEER concerning final acceptance.
11.3. LIMITATIONS OF AUTHORITY
Resident Project Representative:
11.3.1. Shall not authorize any deviation from the Contract Documents or substitution of
materials or equipments, unless authorized by ENGINEER.
11.3.2. Shall not exceed limitations of ENGINEER's authority as set forth in the Agreement
or the Contract Documents.
11.3.3. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors
or CONTRACTOR's superintendent.
11.3.4. Shall not advise on, issue directions relative to or assume control over any aspect
of the means, methods, techniques, sequences or procedures of construction unless such
advice or directions are specifically required by the Contract Documents.
11.3.5. Shall not advise on, issue directions regarding or assume control over safety
precautions and programs in connection with the Work.
11.3.6. Shall not accept Shop Drawing or sample submittals from anyone other than
CONTRACTOR.
11.3.7. Shall not authorize OWNER to occupy the Project in whole or in part.
11.3.8. Shall not participate in specialized field or laboratory tests or inspections conducted
by others except as specifically authorized by ENGINEER.
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N:\0417\076\Contracts - Client\Contracts\Draft Design Construction\PSA Amendment l .docx
6131
EXHIBIT C
Sunset Hills Cemetery and Lindley Park Irrigation Project
Scope of Work
Design and Construction Engineering Services
Project Description
The project generally consists of new rock ramp diversion in Sourdough Creek with a headgate,
irrigation ditch/pipe extension from the new diversion to the existing irrigation ditch, lining of a
portion of the existing irrigation ditch, irrigation ditch turnouts associated with a new pump
station, connection to the existing Sunset Hills Cemetery and Lindley Park irrigation systems,
and leak repairs in the Sunset Hills Cemetery irrigation system. The project is the
implementation of the recommended project of the Preliminary Engineering Report.
Task 1 — Design
1A. Topographic survey of the project area suitable for design and permitting purposes.
Survey is limited to Sourdough Creek, Story Ditch, pump station site, and profile of
irrigation mainline. Remaining design elements will utilize available aerial photo and
topographic data for design and plan development.
1 B. Develop final design calculations for the project elements and summarize in a brief
design report.
1C. Prepare two sets of drawings including one set at an 80% level for review and comment
and permitting and one final set of drawings. For the pumps station portion of the project
drawings will be limited to a schematic level as it will be a pre-engineered facility using a
performance based specification, the exception to this is that the foundation and
electrical service will be included on the drawings as fully designed elements.
1 D. Prepare technical specifications using the City of Bozeman standard specifications and
additional specifications as required. These will be prepared at the 80% review level
and the final version.
1 E. Prepare project cost estimates at the 80% and 100% level.
1 F. Develop contract manual and bidding documents at the 80% and 100% level.
1 G. Project management and coordination for design phases.
Deliverables
• Design Report
• 80% Design Package and Cost Estimate
• Final Plans and Project Manual and Cost Estimate
City Involvement
• Review of 80% documents.
132
Task 2 — Permitting
Project permitting includes making application and gaining approval of the various agencies with
jurisdiction over the project and grant agencies as appropriate. This includes those tasks
associated with environmental compliance for the project. It is assumed one agency site visit
will be facilitated by the consultant team.
2A. City of Bozeman Public Works Review — Submit 80% design package for review and
submit 100% design package. Provide response to 80% review comments as
appropriate.
2B. City of Bozeman Floodplain Permitting — Preparation of application and supporting
documents for review and approval from the City of Bozeman Floodplain Administrator.
Making modifications to the project plans and application materials in response to
comments and resubmission of materials. Coordination with agency during design and
permitting. It is assumed that a 1-D hydraulic model will be prepared to demonstrate the
hydraulic effect of the diversion structure on the mapped floodplain. This scope
assumes that a no -rise hydraulic condition will occur and that completion of a Letter of
Map Revision or Conditional Letter of Map Revision is not needed.
2C. State of Montana 124 Permit — Preparation of application and supporting documents for
review and approval from the Montana Department of Fish, Wildlife, and Parks.
Coordination with agency during design and permitting.
2D. State of Montana 318 Permit - Preparation of application and supporting documents for
review and approval from the Montana Department of Environmental Quality.
Development of construction sequencing plan to limit turbidity. Coordination with agency
during design and permitting.
2E. Funding Agencies — This task is limited to responding to technical comments from the
funding agencies in review of the project design. It is anticipated that the Owner will take
the lead in correspondence with the agencies.
2F. Federal Section 404 and Section 7 ESA — Based on the information gathered during the
preliminary engineering report it is not anticipated that any significant effort will be
required for these two items. A letter describing the project and the exemption from
Section 404 permitting requirements will be drafted and sent to the US Army Corp of
Engineers to notify them of the project. No effort is budgeted for interaction with the US
Fish and Wildlife Service. If during the course of the grant process or final design it is
determined that these two programs require more attention, additional budget will be
required.
2G. City of Bozeman and State of Montana Stormwater Runoff Management — Permitting for
these two programs will be the responsibility of the construction Contractor as
development of the applications is highly dependent on the Contractor's means and
methods.
2H. Northwestern Energy Electrical Service — This task includes making application for the
electrical service and coordination with the utility.
133
21. State of Montana — Montana Water Use Act — Upon project completion, Form 644 —
"Notice of Replacement Point of Diversion" will be completed and submitted to the
Department of Natural Resources and Conservation.
Deliverables
• Permit application packages for the various permits.
City Involvement
• Provide review and input on permit application as desired or requested.
Task 3 — Bidding Period Services
This task consists of assisting the Owner in the bidding phase of the project as identified in the
body of the agreement.
Task 4 — Construction Related Services
This task consists of assisting the Owner in the Construction phase of the project as identified in
the body of the agreement. The budget assumes an average of 24 hours per week of Resident
Project Representative time over a 12 week construction period.
Task 5 — Grant Administration Support Services
5A. This task is services completed on an as requested basis in support of the Owner in
administration of the various grants obtained for the project. It is understood that the
Owner is taking on the primary role of grant administration. This task provides budget to
allow for the Owner's project manager to request technical assistance or to provide
additional resources when needed in support of grant administration for the project.
513. This task includes a Class III Cultural Resource Inventory in support of the WaterSMART
Grant. Scope is further outlined in the attached proposal from Ethnoscience.
Deliverables
• Class II Cultural Resource Inventory
• Other items as requested.
134
Sub -consultants Scope
HydroSystems-KDI, Inc.
Scope of work includes pump station design, irrigation mainline design, irrigation system control
design, and minimal construction period assistance. A letter and detailed scope of services are
included as an attachment.
Architecture 118
Scope of work includes design and construction phase services for the exterior of the pre-
engineered pump station building. A letter outlining the scope of services is included as an
attachment.
Ethnoscience
Scope of work includes a Class III Cultural Resource Inventory. A letter outlining the scope of
services is included as an attachment.
135
EXHIBIT D -Engineering Fee Estimate
Sunset Hills Cemetery and Lindley Park Irfigadon Project
Design and Construction Engineering Services
STAFF HOUR ESTIMATE
TASK TOTAL SUPERVISING SENIOR SENIOR Environmental LAND SURVEY CADD TOTALCOST
Task1 Design
Task 1A- Topographic Survoy
32
4
20
8
Task iB - Design Calcu1a0ons
86
2
so
4
Task 1C -Protect Drawln0.
158
2
60
16
80
Teek 1D- Protect Specinted.rs
78
6
40
8
24
To 1E -Coat Estimate
a
4
4
Teak 1F - Centrad Manual and Bidding Doorman,
24
12
8
4
Task iG-Management, Coordination and OA Rwlmv
28
i6
12
Toch Charge
5 2,364
Hydrosystama401
5 8,400
Archf aclura 118
S6,850
Mlloago
S 800
Survey Equipment
$ 480
Mlacellanaoua Ez n
S 300
Total for Task
5 18,994
394
42
172
28
4
20
12
88
28 3
70,014
Task 2 Permlo ng
Took 2A- Public Works Submittal
B
2
4
Task 2B- Floadptain Hydmullce. Application and Submittal
76
2
60
2
8
4
Taak2C-124 Portnll Application
32
24
8
Taek2D-318Pertnll Application
2
2
Took 2E- Funding Agency Review Tochnlcal Assistance
10
2
8
Teak 2F-404 and Seo0on 7 ESA
2
2
Teak 2G-Stonnwat—WNndueed
Talk 2H- Norlhweatom Energy Servko Coonsnotlon
4
4
Task 21 -Form 644
4
4
Tech Charge
5 816
Hydrosyabma-KDI
'
$
Miacellaneoua n
S 200
TOtalfor Task
$ 11016
136
6
76
4
28
2
16
4 S
17,904
Task 3 Bidding PMod $ rvleas
Teak 3A- Bid Procasa Coordination
4
1
3
Tack 3B - Clsn6ratlon and Addenda
9
1
8
Tovk3C-Bld Opvningond Rovlmv
6
2
4
Tack 3D - Contract Award and Contract$
4
1
3
Tech Charge
S 138
Mlecellaneous Ex n
S 300
Total for Task
S 438
23
5
12
6 S
3,370
Task Construction Related Services
Teak 4A- Proconahudlon Conference
8
4
4
Took4B- Construction Survey
22
2
16
4
Task 4C- Construction Adminiatmtlon
88
40
48
Task 4D- idenres
Rest Prolod Ropentativo
280
288
Tach Charge
S 2,636
Hydroayvtema4(DI
E 1.500
Archlo,on, 118
5 1.200
Mileage
5 1,000
Survoy Equipment
5 480
Mlacellanoous Ea n
$ 50
Total for Task
5 6,746
406
44
46
292
2
16
4
3
54,609
Task 5 Grant Adminlstragon Support SeMces
TaskSA- Support S4rv1cos
80
4
76
Toch Charge
$ 480
Ethnosclenca
$ 4,369
Miacelloneoua Fs n
S SO
TON!for Task
5 4,899
s0
4
76
$
15,963
SUBTOTAL OF STAFF HOURS REOUIRED
1039
101
384
32
320
6
36
14
108
38
HOURLY LIBOR COST
5182
$136
$149
$102
$121
$185
$194
S85
$65
LABORCOST BY POSITION
$18,382
$52,224
54,768
$32,640
$726
$6,660
$2,716
39,180
52,470
TOTAL LABOR:
$129,766
TOTALEXPENSES
S 32,093
TOTALCOST:
$161,859
s
161,859
1.f1
136