HomeMy WebLinkAbout06- Morrison-Maierle; Water Renovations Survey Project
WATER RENOVATIONS SURVEY PROJECT
PROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made as of /7 /JJ ,(- I}/J(./ ,2006, between
THE CITY OF BOZEMAN, a Municipal Corporation, pE.Box 1230, Bozeman, Montana,
59715 (OWNER) and Morrison-Maierle, Inc., P.O. Box 11 13, Bozeman, Montana, 59718,
(ENGINEER).
Whereas the accomplishment of the work and services described in this Agreement is essential to
thc OWNER'S public works improvement program.
Whereas the OWNER intends to and has selected the ENGINEER to provide necessary and
professional engineering and surveying services for the project.
Whereas the ENGINEER represents that it is willing and qualified to perform the professional
engineering and surveying services for this project described in this Agreement.
Therefore, in consideration of the foregoing recitals and the mutual covenants and conditions
contained herein, the parties agree as follows:
The conditions and provisions set forth in the attached EXHIBIT .II,. ENGINEER'~ STATUS
DURl}IG CONSTRUCTION, EXHIBIT B A LISTIl'IG OF THE DUTIES,
RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT
REPRESENTATIVE., EXHIBIT C - SCOPE OF SERVICES FOR PROFESSIONAL
ENGINEERING AND SURVEYING SERVICES FOR THE WATER RENOVATIONS
SURVEY PROJECT and EXHIBIT D - ENGINEERING FEE ESTIMATE are hereby
incorporated in and made part of this Agreement.
ARTICLE 1 - ENGINEERING SERVICES
1_1. The detailed description of the specific project components is described as follows:
PerfOTIll a design levcl survey for use by the OWNER.
1.2. The scope of services under this contract are set forth in this ak,'Teement and the attached EXHIBITS.
ARTICLE 2 - ENGINEER'S RESPONSIBILITIES
2.1. ENGINEER shall perform for OWNER professional engineering services in all phases of the Project to which
this Agreement applies as hereinafter provided. These services will include, but not be limited to, serving as OWNER's
professional engineering representative for the Project, providing professional engineering consultation and advice and
furnishing customary civil and structural engineering services incidental thereto.
2.2. The ENGINEER shall furnish all labor, materials, equipment, supplies, and incidentals necessary to conduct and
eompletc the ENGINEER'S portions of the Project and to prepare and deliver to the OWNER all data, reports, plans,
specifications, and recommendations as designated herein.
2.3. The ENGINEER shall ascertain such infonnation as may have a bearing on the work from local units of
government, public, and private organizations and shall be authorized to procure infonnation from other authorities as to
the extent of these contacts and the results thereof.
2.4. The ENGINEER'S work shall be in accordance with the standards of sound engineering practices.
2.5. TIle ENGINEER shall name a Principal-In-Charge for the duration of the project. TIle Prineipal~ln-Charge shall
be John R. Sehunke, P.r:.
2.6. The ENGINEER shall name a Project Manager who shall be the liaison between the ENGINEER and the
OWNER. The Project Manager shall be James R. Nickelson, P.E. The OWNER may name a Task Director who would
be the liaison between the ENGINEER and the OWNER during the design segment of the Project
2_7. The ENGINEER shall submit an estimated progress schedule at the beginning of the work, and monthly progress
reports thereafter until the project is completed.
ARTICLE 3 . OWNER'S RESPONSIBILITIES
3_1 The OWNER shall name a Task Director who shall be the liaison between the ENGINEER and the OWNER
during DESIGN segment of the Project. The Task Oircetor designated shall be Robert J. Murray, Jr., P.E.
3.2 The OWNER shall have the right ofreview and examination of the ENGINEER'S work at all times.
3.3 The OWNER shall make available all records (as-built drawings, construction records, etc.) indicating the
existing configuration of the city utilities.
3.4 The OWNER will be responsible for Advertising Bid Openings.
3.5 'fhe OWNER shall attend the pre-bid conferences, bid openings, pre-construction conferences, construction
progress and other job related meetings, substantial completion inspections and final payment inspections.
ARTICLE 4 - BASIC ENGINEERING SERVICES
The ENGINEER shall render professional Engineering Services as follows:
4.1 PRE-DESIGN INVESTIGATION PHASE - NOT APPLICABLE
Aftcr written authorizatisfI to proceed, ENGINEER r;hall:
1.1.1 Consult with O\VNER to clarify and define OW1'lER's requireml:Jnt,~ for the Project and review
available data.
1.1.2 Advise OWNER as to tFiE1 necessity of OWNER's providiFlg Elr ebtaining from others, data or services
and assist OWNER in obtaiRHlg sllch data or services.
1.1 J Identify and aRal)'7.e requirements sf gevcrnm0fltal authorities haviTlg j l!risEliction to approve tho design
of the Proj ect and participate ifl consultations with such uuthorities.
1.1.1. PTll\ ide analyses of OWNER's needs, planning surveys, sitel:J,..aluations and comparative studies of
prospective sites and solutieFts.
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1.1.5. Proyisc a general eeonemic analysis of OWNER's reEjl:lircfficntG applicable to various alternatives.
1.1.6 Assist in formation of SJ'leeial Improvement Districts (SID) by preparing district boundary
descriptions and mttfls, preparing a preperty O\vner's and assessments relc lists including project assessment
oosts based on the preliminary project 6Elst estimates, and providing technieal inforrnation at SID public
hearings, if applicable.
1.1.7. Prepare a Report 6Elntaining schemati6 laYElHts, sketohes and conceptual design criteria \vith
appropriate elrnibits to indicate dearly the considerations involved (including applicable rCEluirements of
govenm.leFltal authorities ha"/ing jurisdiction as aforesaid) and the alternative sollltions available to
OWNER and setting forth ENGINEER's findings and rec0Fnfl1endations_ This Report 'Nill be accompanied
by ENGINEER'~; opini0Fl of probable costs fElr thc Project, includins the following which will be separately
itcmized: Construction CElst, allowance for engineering costs and contingencies, and (on thc basis of
information furnished by OWNER) allowanoes for such other items as eharges of all other professionals
and consultants, for the cost of land and rights of way, for compensation for or damages to properties, for
interest and financing charges aFld for other services to be provided by others for Owner. The total of all
such costs, allowanoe, etc. are hereinafter called "Total Projcct Costs"_
4-4.8. Furnish _ copies efthe Study and Report doeurAcnU: and review them in person with OWNER.
The Pre design Investi)fation Phase will be completed and submitted within
authorization from OWNER to ENGINEER to proceea "ith that phase of services.
calendar day,; folloviing written
4.2 PRELIMINARY DESIGN PHASE
A fter acceptance of the pre-design report and receipt of written authorization to procecd with the Prelimmary Design
Phase, ENGINEER shall:
4.2.1-
In consultation ....ith O'NNER detel1flinc gcneral scope, C)ctent and character of:.the Project.
1.2.2. ENGINEER shall then prepare a Preliminary Design Report, preliminary plans and specifications and a
written description for the Project.
1,"".3. Preliminarv Desig'll Report: Speoific items to he addressed in the design rl;lport will include, hut not be
limited to:
1.2.3.1. Summary of const-ruetion requirements with appropriatl;l drawings for cach tusl: included in
th e proJ ect.
12.3 .2. Plans for providing water and seweH;ervices for affected properties during o0f18tnu:1tion~
1.2.3.3. Summary geoteeflflioal report for specific tasks, iffleeded.
1.2.3.1. Special design considerations for Project taGb with conditions not covered in standard
eonstwction methods or specificaticns.
1.2.3.5. ,\ traffic control plan for each proj ect taGlc, if necessary.
4.2.4. Design and Construction Survev: The ENGINEER shall conduct a desi&'1l 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.
1.2.5. Permitr; and Rir.:hts of Wa',': The ENGINEER shall obtain appreved pennits, licenses, and/or easement
agreemeflts from private lanaewners and any other ageNcies or entities requiring similar approvuls prior to
biaaing. These approvals will be coordiRated with the OWNER and will be made on eascment and permit
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documents approves BY the OWNER. IFlfonnation and easement deseriptiElHs provided in the Basic Engineering
Services will be Based on data avctill:tble from desib'fl sctryeys and eourthol:lse records.
1.2.6. Geatechnical E1lfllarations and ARal';sis: The ENGINEER shall CEll'lSClct such geotechnical
CllploratiaFls and analysis as Recessa-ry for project aesign and biading. ,\ geoteehRical report will be prepared
with reeommtlHaations relating tEl conditions pertiHeRt to the desib'll ,ms construction of tfle Project. Subsurface
information will be obtained by reviewing any existing geotechnical data available and using additional backhoe
test pits ana soil borings as neoessa-ry.
The ENGINEER GRilli furnish copies of a geotechnical repart as requestee to O'Nl'IER for use by OWNER and
Contractors, ana review the resl!lts Elf the report witA Contractors in a ]'lrc bid meeting. The report is to be
prepared for design purposes; ENGINEER will Rat be responsible if it is used by others for other purposes.
1.2.7. Prelimil1a-r'" Plans and ~pecifieations. Prepare preliminary construction plans and specifications-wtij,
information WHich addresses the spccial features of each project tasl~.
1.2.8. Based on the infonnation cOFltained in the preliminary design docClments, ENGINEER will Slt9l'fl#-a
rcvised opinion Elf probable Total Project Costs to the OV,rNER.
4.2.9. ENGINEER shall prepare and furnish complete copies of the survey in a hard copy and digital fonnat.
ENGINEER shall utilize Autodesk Land Development software. ~na-ry bidding documenb-ttnd dcsi.s'1l
report as requested to OWNER <ll1d at the same time furnish copies as directed by OWI'IER to agoncies and/or
~s ha'.ing regulatory res]'lonsibilities or direct financial participation in any part of the Project; provide any
technical criteria, written deseriptioflG and design datli necessary for SlJCuring pcnnits or approval--Ifofll
authorities having jurisdiction to review and approve the design, and assist owncr in securing such approvals; and
revicw documents in perSElfl with OWNER afId review authorities, and, if necessary, conduct a plan in hand site
R~ .\11 changes ab'Teed to between ENGINEER and O\VNER will be noted in a memorandum from the
ENGINEER to the O'NNER and ineof]3orated into the finEd plans and specifications.
The Preliminary Design Phase will be completed and submitted within 180
authorization from OWNER to ENGINEER to proceed with that phase of services.
._ calendar days following written
4.3 FINAL DESIGN PHASE - NOT APPLICABLE
,\fter writtell <luthorization to proceed with the final Design Phasc, ENGINEER shall:
1.3.1. Ofl-tlw basis of the acccptcd Preliminary Design documents ami the revised opiniElfl of probablc Total
PrOject Costs, prepare for iRcerporation in tHe Contract Documents final drawings and Technical Specifications
eF s~lfficient detail to SHOY, the general SCet1C, CJ[:ent and detl1iled character of the work to be furnished and
pcrfonned by the Centractor(s) suitltblc for use in the project biddin; and construction.
1.1.2. Advise OVlNER of any adJustments to tAll latest opinion of probable Total Project Costs caused by
changes in general scope, eJlten'. or character or design requirement: of the Project 0r Construction Costs.
Furnish to OWNER a revised opinioR efprobable Total Preject Costs based lOR tHe Drawings and Specifications.
1.3.3. Prepa-re for review l'lfId approval by OW1-IER, its legal cOlmscl and other advisers, contract agreement
fonns, general oElHElitions and sup]'llementary conditions, ltRd (where appropriate) bid forms, invitations to bid
and instructions te Bidders, special ]3revisions, technical s]3ecifications, ana stafldard drawings, and other related
contract decClffients in eonfonnance with the latest edition of the Montanct Public Works StltRsard Specifications
(MPWSS) llfla City of Bozemtlfl ModifieatioRs te MPWSS adopted by the City of Bozeman.
1.3.1. Furnish OWNER siJ[ copies of tHe Contract Documents (including desipl Ekawings, specifications and
Glmtracts ).
The Final Phase will be complete ana submitted withiFl
OWNER to ENGINEER to proeelld with that phase Elf services.
calendar aay's following written authori~~ation from
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4.4 BIDDING OR NEGOTIATING PHASE - NOT APPLICABLE
l.ner written authorization to proceeEl v:ith ~R0 Bidding or Negotiating Phase, ENGINEER shall:
1.1.1. }\ssist OWNER in aEl...ertising for and obtaining bids or negotiating proposals for construction
contraet(s) and record prElsfJeetivc bidders to whom Bidding Documents have been issued, reeei'ie and process
deposits for Bidding Deeuments and conduct pre bid conferences.
1.1.2. Proviae interpretation or clarification to prospective bidders regarding the Bidding Deeuments, and
iSSlle addenda as appropriate.
1.1.3. Consult with and advise OWNER as to the acceptability of the prime contraeter, sl:Ibeontraetors,
suppliers (,,"!ld other persons and organizations proposed by the primo COn{Fllctor(s) (heroin call "Cefitraetor(s)")
for those portions ofthe work as to WHich sl;Ich acceptability is required by the Bidding Documents.
1.1.1. Consl;llt with O',!lNER concerning and detennine the aceept~.)' of substitutc materials and
equipmcnt proposed by Contraetor(s) when sl:lhstitutiofl fJrier to the aVianl of con:racts is allmved by tho Bidffi.H.g
Documents.
1.1.5. /\ttend the Bid opening, prep arc bid tahulation, evaluate bids, assess bidders' responsiveness and
responsibility llnd make award recommendation to OWNER.
1.1.6 Facilitate contract a.....ard, and the execution and distribution of the contract documents for construction,
materials, equipment and services. Furnish Owner two original signaturc sets of clleeuted contract documents
~including design drawings, specifications una eontracts). Furnish wntroctor with one Get of original s~~
eM!€-uted contraet documents and up to three sets of construction documents.
4.5 CONSTRUCTION PHASE - NOTPARTUF INITIAL SCOPE Of' SERVICES
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 pennits 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.
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4.5.1.7 Issue stop and resume work orders, in whole or in part, when work is not or cannot be
perfonned in accordance with the Contract Doeumcnts.
4.5.1.8 Review and approve, for eonfonnanee with the project technical specifications all shop
drawings, and other Contractor submittals required by the Contract Documents.
4.5.1.9 During construction review Contractors' construction schedules and evaluate confonnance 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
Certifkate 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 eonstruction was
completed in accordance with the approved plans and specifications and is perfomling in accordance
with the design concept.
4.5.1.13 Eleven months after project substantial completion schedule and conduct with the Owner a
One Year Warranty Inspection of the project and advise the owner in writing whether project
deficiencies exist and if the project is perfOlming in accordance with the design concept.
4.5.2. Resident Proiect Representative. ENGINEER shall provide a qualified Resident Project Representative
at the job site to provide obscrvation of the work as provided in EXHIBIT B - A LISTING OF THE DUTIES,
RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESUlENT PROJECT
REPRESENT A TIVE., attached to and made part ofthis 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 joh 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 perfonn 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.
4.6. PROJECT DOCUMENTATION- NOT PART OF INITIAL SCOPE OF SERVICES
ENGINEER shall furnish OWNER with (a) one mylar copy and two paper copies of the Project Record Drawings ("As-
Builts"), (b) written monthly progress reports, and (c) a project notebook containing such correspondencc and
documentation as requested by OWNER.
4.7. CONSTRUCTION TESTING- NOT PART OF INITIAL SCOPE OF SERVICES
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 ofthe following material tcsting:
I) Concrete strength, air content and sl ump
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2) Embankment, trench backfill, and gravel and pavement densities
3) Aggregate gradations
4) Plant mix strength, flow and asphalt content
ARTICLE 5 - ADDITIONAL SERVICES
5.1. If OWNER wishes ENGINEER to perfonn any of the following Additional Services, OWNER shall so instruct
ENGINEER in writing, and ENGINEER shall perfonn or obtain from others such services and will be paid therefor as
provided in the Agreement:
5-1.1.
Legal land surveys perfonned to obtain data for preparing easements and rights-of-way descriptions.
5.1.2. Preparation of applications and supporting documents for governmental agencies in addition to those
required under Basic Services; preparation or review of cnvironmental studies and related services; and
assistance in obtaining environmental approvals.
5.1.3. Services resulting from significant changes in the general scope, extent or character of the ProJcet or
major changes in documentation previously accepted by OWNER where changes are due to causes beyond
ENGINEER's control.
5.lA.
Providing renderings or models.
5.1.5. Preparing documents for alternate bids requested by OWNER for work not executed or for out-of-
sequence work.
5.1.6. Providing other services not otherwise provided for in the Agreement, including services normally
furnished by the OWNER as elsewhere herein dcscribed.
5.1.7. Furnishing the services of independent professional associates or consultants for othcr than Basic
Serviees_
5.2. When required by the Contract Documents in circumstances bcyond ENGINEER's control, ENGINEER shall
perform or obtain from others any of the following Additional Services as circumstances require during construction and
without waiting for specific instructions from OWNER, and ENGINEER will be paid thcrefor as provided in this
Agreement:
5.2.1. Services in connection with work dircctive changes and change orders to ret1cet the changes requested
by OWNER if the resulting change in compensation for Basic Services is not commensurate with the additional
services rendered.
5.2.2. Services in making revisions to Drawings and Specifications occasioned by the OWNER'S acceptance
of substitutions proposed by Contractor(s); services after the award of each contract in evaluating and
detennining the acceptability of an unreasonable or cxeessive number of substitutions proposed by Contractor;
and evaluating an unreasonable or extensive number of claims submitted by Contractor(s) or others in connection
with the work.
5.2.3. Services resulting from significant delays, changes or price increases occurring as a direct result of
materials, equipment or energy shortages.
5.2.4. Additional or extended services during construction made necessary by (I) work damage by fire or
othcr causes during construction, (2) a significant amount of defective or neglected work of any Contractor, (3)
acceleration of the progress schedule involving services beyond nonnal working hours, (4) default by any
Contractor.
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ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE
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
section 4.2 of this agreement pay a total sum in the amount of $ 95,752.00 for such services.
6.1.2 Payment Schedule. Total cumulative payments for the design phase engineering services (section 4.2)
shall not exceed the following ceilings:
$ 95,752.00
(100 % of design fee) until the survey has been submitted to the OWNER.
$ (2iQ~( of 8gBigtl t:llg) lllltil tAg PnlIimillary Plalls tlllli SIHl@ifisatillnB ha';€: ll€:€:n Btlbmitt@d hl
tkg 'J\lTI>I~P~ allY fS':lev. tllltlH~rltimL
$ (99~~ €If €I0sigt'l re0) wlltil th<i Pilllll PIIINS IINli ~rlwifif)ati€lIlS hl1'.'0 1'l0€:n sElemitl€l8 :0 thg
(}'."V} JrIl ana 1 B. 18.. aMthgriti~g.
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 spccifie retain age requirements pursuant
to the payment provisions of the Ab'Teement .
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 (4.2) and are not separately reimbursable. Additional Services specifically identified under the
scope of design services for payment under 6.1 arc not separatcly reimbursable_
6.2 DIRECT LABOR COST PAYMENT .,'OR BASIC SERVICES AND EXPENSES OF ENGINEER.
Construction and projeot documentation services pcrfonned a~; Basic Engineerin;; Services under sections 1.5 through 1.7
including General /\dministration of Construction Contract, Resident Project Represelttation, Project Docul1lentution, and
COllstruction Testing, shall be compensated in accordance with the following:
6.2_1 1l1C O\VNER shall pay for COflstfuction Phase and Project Documentation Services an amount not to
())~eeed $ e)(copt as provided under 6.2.1.2 and 6.2.1.
6.2.1.1 Costs Compensation. Compensation for these services Sllllll be based on the ENGINEER's
Direct Labor Cost time~; a factor of 3.00 for services rendered wJ-H.c-h shall cover Direct Labor,
Direct Labor OverHead, General & Administrative Overhead und P-F&Ht, plus reimbursable e)(penses as
provided in 6.2.2.
6.2_ J.2 Notification. ,\t an)' timc during thc construction that it becomes apparent tha: tho
Construction Phase afIe Project Documentation Services rendered under this Agreemcnt will exceed the
negotiated cempOflsation for these services, and prior to performiHt; ~;crvioes in excess of tAlC cof!tffi€t
coiling, the ENGINEER shall givc O\VNER "'fitton notice thereof. Promptly thereafter OWNER and
ENGINEER shall n<l...iow tho scope and progress of the project work. ENCINEER Ghall tlbtain written
l:luthorizutieR from OWNER, prior to un)' lldditiOl'lul oosts Being incurred under paragraph 6.2.1.3_ If it
is dc~ennined that due to a ehaFlgc if! project SCOp0 under paragraph 5.2.1, the ENGINEER is entitled to
additional compensation, O\3.'}lER and ENGINEER may negotiate terms as provided under 6.2.1.1.
The amount and terms ef an)' additional compensation under 6.2.1.1 or 6.2.1.3 shall be negotiated and
ugreee iF! writing pursuant to 9. J 6.
6.2.1.3 Costs Exeeedinl.: E:;timated Componsation. E)(cept as allowed under 5.2.1, when the total cost
of the original scope COFlsFruction Phase and Project Documentation Services ti!KCeeeS the negotiated
compensation fer theso services, the OV,rNER shall pay only for the dirOvt vosts incurred in Meess of
the estimatee eempoflsation. These costs consist of an amountei:jlial to the ENGINEER'S Dircet LClbor
Cost times a factor of 2.6015 fDr services rendered which shall include Direct Labor, the federally
audited pa)q'oll Direst Labor Overhead, and General & ,\dministrative OverHead costs, but shall not
inc\l;le8 an)' allowance for profit.
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6.2.2. ReimbursaBle BJl13enSeS, as defined in section 7.1 eftRis :\greement, for Basic Seryiees and Approved
Additional Services sRall Be paid to the ENGINEER by the OWNER in the actual amount of the costs incurred
up to an amount net to (moeed $ which includes $ for consultants employed by the
ENgineer and $ for all other reimbursable eJtpenses. The estimated reimbursable expenses are
identified in ExhiBit"
6.2,3, Failed Test E)[penses. The ENGINBBR shall maintain and provide to the OWNER, a reeerd of the
costs associated with failing Ejl!ality eOfltrol tests performed for the OWNER during the course oHlffi
construction of the project aRa recommend an amount the OWNER deduct from the contraetor(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 2.0ft., or an
amount otherwise negotiated at the time such services arc requested and approved by the OWNER.
ARTICLE 7 - MEANIN G OF TERMS
7.1 AGREEMENT
As used herein the tenn "this Agreement" refers to the contents of this document and its Exhihits attached hereto and
referred to as if they were part of one and the same document.
7.2 CONSTRUCTION COSTS
The construction cost of the entire Project (herein referred to as "Construction Cost") means the total cost to OWNER of
those portions of the entire Project designed and specified by ENGINEER, hut it will not includc ENGINEER's
compensation and expenses, the cost of land, rights-or.way, or compensation for or damages to, properties unless thi~
Agreement so specifies, nor will it include OWNER's legal, accounting, insurance counseling or auditing scrviees, or
interest and financing charges incurred in connection with the Project or the cost of other services to be provided by others
to OWNER.
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, engincers, architects, surveyors, designers, drafters,
specification writers, estimators, other technical and business personnel; but does not include indirect payroll related costs
or fringe bcnefits. For the purposes of this Agreemcnt the principals and employees of the ENGINEER maximum billable
Direct Labor Costs are:
Principals $ 54.00 /hour
Supervising Engineer III $ 44.00 /hour
Supervising Engineer II $ 41.00 /hour
Supervising Engineer I $ 37.00 Ihour
Senior Engineer II $ 34.00 /hour
Senior Engineer I $ 31.00 Ihour
Design Engineer II $ 29.00 Ihour
Design Engineer I $ 25.00 Ihour
Staff Engineer $ 23.00 Ihour
Engineer Intern $ 22.00 /hour
Senior Survey Manager $ 40.00 /hour
Land Surveyor I $ 23.00 Ihour
Survcy Technician $ 16.00 Ihour
Senior Technicians $ 24,00 Ihour
CADD Drafter $ 20.00 Ihour
Technicians $ 14.00 Ihour
Two Person Survey Crew $ 40.00 /hour
Clerical $ 16.00 Ihour
* Non professional classified employees subject to time and one-half ovcr time rates.
9
7.4 REIMBURSABLE EXPENSES
Reimbursable Expenses mcan the actual expenses incurred by ENGINEER or ENGINEER's independent professional
associates or consultants dircetly in connection with the Project, such as expcnses for: transportation and subsistence
incidental thereto; obtaining bids or proposals from Contractor(s); subsistence and transportation of Resident Project
Representatives and their assistants; toll telephone calls and telegrams; reproduction of reports, Drawings, Specifications,
Bidding Documents and similar Project-related items; and if authorized in advance by OWNER, overtime work requiring
higher than regular rates. In addition, when compensation for Basic Scrviees is on the basis of Dircet Labor Costs method
of payment, Reimbursable Expenses will also include the amount billed to ENGINEER by special consultants employed
by ENGINEER and authorized by OWNER (other than as an authorized Additional Services) and will also include
expenses ineurrcd for eompukr time and other specialized equipment, including an appropriate charge for previously
established programs and expenses of photographic production tcchniques_
ARTICLE 8 -PAYMENT PROVISIONS
8.1 TIMES OF PAYMENTS. ENGINEER may submit monthly statements for Basic Services and approved
Additional Services rendered and for Reimbursable Expenses incurred; however, payments shall not exceed the ceilings
provided in 6.1 and 6.2. Final payment shall be made only after acceptance of the project by the OWNER_ If OWNER
disputes the amount of the billing, OWNER will notify thc ENGINEER in writing within ten (10) calendar days of the
receipt of bill of the dispute.
8_2 REQUESTS FOR PAYMENT. Each request for payment shall include a documentation summary of the
period incremental man hours incurred, direct labor rates and billed rates, detail of reimbursable costs, total period billing,
and total cumulative billing. When requested by OWNER services for distinct project segments shall be accounted and
billed separately_
8.3 PAYMENT UNDER TERMINATION. In the event of tennination by the OWNER upon the completion of
any phase of the Basic Services, progress payments due ENGINEER for services rendered through such phase shall
constitute total payment for such services. In the event of such tennination by OWNER during any phase of the Basic
Services, ENGINEER also will be reimbursed for the charges of pre-approved independent professional associates and
consultants employed by ENGINEER to render Basic Services, and paid for services rendered during that phase on the
basis of the payment provisions of the Agreement. In the event of any such tcrmination, ENGINEER will be paid for
unpaid pre-approved Additional Services and unpaid Rcimbursable Expenses which are authorized under this agreement.
ARTICLE 9 - GENERAL CONSIDERATIONS
9.1 TERMINATION OF AGREEMENT
9.1.1 The solc right is hereby reserved to the OWNER to tenninate this Engineering Agreement for any and
all causes or for its convenience at any time upon fiftecn (15) days written notice to the ENGINEER.
9.1.2 Iftennination for default is effected by the OWNER, an cquitable adjustment in the price provided for
in this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unpcrformed
services or other work, and (2) any payment due to the ENGINEER at the time of tennination may be adjusted to
cover any additional costs to the OWNER because of the ENGINEER's default. If tennination for convenience
is effeetcd by the OWNER, the equitable adjustment shall include a reasonable profit, as detennined by owner,
for services or othcr work perfonned. The equitable adjustment for any termination shall provide for payment to
the ENGINEER for services rendered and expenscs incurred prior to the tcnnination, in addition to tennination
settlement costs reasonably incurred by thc ENGINEER relating to commitments which had beeomc finn prior to
the tennination.
9.1.3 Upon receipt of a tennination action under paragraph 9.1.2, the ENGINEER shall (1) promptly
diseontinuc all affected work (unless the notice dircets otherwise), and (2) deliver or otherwise make available to
the OWNER within ten (10) days copies of all data, design drawings, specifications, reports, estimatcs,
summaries and such other infonnation and materials as may have been accumulated by the ENGINEER in
perfonning this Agreement, whether completed or in process.
10
9.1.4 In the event this Contract is tenninated prior to completion, the original copies of the ENGINEER'S
data, recommendations, plans, specifications, analysis and other related documents prepared by the ENGINEER
prior to said tennination shall be delivered to and become the property ofthe OWNER.
9.1.5 Upon tennination, the OWNER may take over the work and may award another party an Agreement to
complete the work under this Agreement.
9.1.6 OWNER'S right to tenninate is in addition to any other remedies OWNER may have under the law.
9.2 INSPECTION ANI> AUDIT
All books, papers, records, payrolls, vouchers and invoices relating to costs and expenditures incurred as to the
perfonnance of the services by the ENGINEER hereunder shall be madc available to the OWNER, or their authorized
representatives for audit and review, at the ENGINEER'S respective offices at all reasonable times during the contract
period and for three years from the date of final payment.
9.3 EMPLOYMENT
'111e ENGINEER warrants that he has not employed or retained any company or persons, other than a bona fidc employee,
working solely for the ENGINEER, to solicit to secure this contract, and that he has not paid or agreed to pay any
company or person, other than bona fidc employees working solely for the ENGINEER, any fee, commission, percentage,
brokerage fee, gifts or any other considerations contingent upon or resulting from the award or making of this Contract
For breach or violation of this warranty, the OWNER shall have the right to annul the Contract without liability or in its
discretion to deduct from the price or consideration or otherwise recover the full amount of such fee, commission,
percentage, brokerage fee, gift or contingent fee.
All cmployees of the ENGINEER or other persons while engaged in the performance of work or services required by the
ENGINEER shall be considered employees of the ENGINEER only and not of the OWNER.
9.4 NONDISCRIMINA nON
The ENGINEER will not discriminate on the basis of race, color, religion, creed, political ideas, sex, age, marital status,
national origin or disability in employment or provision of services. The ENGINEER shall be subject to and comply with
Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated
thereunder.
9.5 SUBLETTING OR ASSIGNING OF WORK
The ENGINEER shall not sublet or assign any of the work covered herein without prior written approval of the OWNER.
9.6 STANDARD OF CARE
In providing services under this agreement, the ENGINEER will perfonn in a manner consistent with the degree of care
and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any
service should be found to be not in confonnance with this standard, the ENGINEER shall, at the OWNER's request, rc-
perfonn the service at its own expense. Engineer shall also, at its own expense, make such changes, modifications or
additions to the project which are made necessary as a result of the initial non-performance or the re-performance of
services. The OWNER's rights herein are in addition to any other remedies the OWNER may have under the law.
9.7 LEGAL RELATIONS:
9.7.1 The ENGINEER shall, consistent with the standard care, comply with those Federal, State, and Local
laws and ordinances applicable to the work to be done.
9.7.2 The ENGINEER agrees to defend, indemnify and hold hannless the OWNER, its officers, directors,
agents and employees from and against any suit, cause of action, claim, cost, expenses, obligation and liability of
any character, including attorney's fees, which is brought or asselied for any bodily injury, death, or physical
damage to property received or sustained by any person, persons, property, business or any other entity, ansing
11
out of or resulting from, or in connection with the ENGINEER'S negligent perfonnance of the work specified in
this agreement.
9.7.3. The ENGINEER agrees to defend, indemnify and hold hannless the OWNER, its officers, directors,
agents and employees, should OWNER, its officers, directors, agents or employees be named as a defendant in
any action where the OWNER'S alleged liability arises from the negligent perfonnance of the ENGINEER'S
work herein described. The obligations of the ENGINEER to defend, indemnify and hold harmless the OWNER
will apply to any suit, cause of action, claim, cost or obligation including, without limitation, those alleged under
the common law or pursuant to a federal or state statute or regulation including those arising in tort, trespass,
nuisance, and strict liability.
9.7.4 In the event the OWNER is found proportionately responsible for any damages ultimately awarded to a
plaintiff or plaintiffs in any lawsuit, the ENGINEER will be responsible for only those damages, costs, or
liabilities as arc attributable to the ENGINEER'S pcrcent of fault as compared with 100% of the fault givmg rise
to the damagcs. Should the OWNER be found responsible for negligence by its own officers, directors, agents or
employees, then in that event the OWNER agrees to reimburse the ENGINEER for the reasonable attorney's fees
and costs incurred in any defense of the OWNER in an amount proportional to the fault attributed to the
OWNER. The indemnity required herein shall not be limited by reason of the specification of any particular
insurance coverage in this Agreement.
9.7.5 Should either OWNER or ENGINEER be held responsible, for any damages, costs or
liabilities resulting from intentional misconduct by any officer, director, agent or employee in connection with
the work specified in this Agreement, then in that event, that party shall defcnd, mdemnify and hold hannless the
other as to any damages, costs or liabilities that result from or arise out of that intentional misconduct, including
reasonable attorney's fees and costs which shall incl ude costs and. salary of the city attorney or other in-house
counsel. Further, notwithstanding the obligations set forth in paragraphs 9.7.2 and 9.7.3 above, the ENGINEER
ak,'Tees to defend OWNER where the OWNER'S alleged liability arises from intentional misconduct by the
ENGINEER. Should the OWNER be found responsible for mtentional misconduct by its own offlcer, director,
agent or employee, then OWNER agrees to reimburse ENGINEER for the reasonable attomcy's fees and costs
incurred in any defense of the OWNER.
9.7.6 The ENGINEER shall perfonn this agreement as an independent contractor, and as such, is responsible
to the OWNER only as to the results to be obtained in the work herein specified, and to the extent that the work
shall be done in accordance with the terms, plans and specifications. TIle ENGINEER shall have and maintain
complete control over all of its employees, subcontractors, agents and operations, heing responsible for any
required payroll deductions and providing required benefits, such as, but not limited to worker's compensation
with statutory limits, and unemployment insurance.
9.8 INSURANCE
The ENGINEER shall secure and furnish to the OWNER certiflcate of insurance, therein, naming the OWNER as an
additional insured, to include thirty (30) days notice of cancellation or non-renewal.
Without limiting any of ENGINEER's obligations hereunder, ENGINEER shall secure and maintall1, until the work is
completed and accepted by the OWNER, insurance coverage naming the OWNER as additional insured with minimum
insurance coverage as follows:
Type of Coverage
Limits
Employers' Liability:
$ 1 OO,OQD per accident
Genera] Liabilitv:
odily Iniurv & PropertyDamage
Single and combined:
$1,000.000 per accident
General Aggregate:
$2,000,000
12
Excess Liabilitv coverage (umbrella)
$1 ,000,000 each occurrence
Automobile:
Bodily Iniury covering all
automobiles, trucks,-
tractors, trai I ers, or
other automotive equip-
ment whether owned or
rented by Engineer or
owned by employees of
Engineer.
$1 ,000,000 each person
$1 ,000,000 each occurrence
Propertv Damage covering
all automobiles, trucks,
tractors, trailers or other
automotive equipment whether
owned or rented by Engineer
or owned by employees of
Engineer
$100,000 each occurrence
OR
Bodilv Iniurv & Propertv
Damage Single and combined
Jl,OOO,OOO each occurrence
In addition to the above insurance coverage, the ENGINEER shall secure dnd maintain, until the work is completed
and accepted by the OWNER, and without naming OWNER as an additional insured, professional errors and
omissions coverage as follows:
Professional Errors & Omissions:
$ I ,000,000 per claim and
aggregate each occurrence
9.9 ENDORSEMENT
The ENGINEER shall place his endorsement on all drawings and other data fumished by him.
9.10 OWNERSHIP OF DOCIJMENTS
The parties admit and agree the documents produced under this agreement are not intended or represented to be suitable
for reuse by OWNER or any other individual on any other project. Any reuse without written verification or adaptation by
ENGINEER will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER's
independent professional associates or consultants. Files in electromc media fonnat of text, data, graphics, or of other
types that are furnished by ENGINEER to OWNER are only for convenience of owner. Any conclusion or information
obtained or derived from such electronic files will be at the user's sole risL
9.11 PUBLIC INFORMATION
The ENGINEER shall not issue any statements, rcleases or infonnation for public dissemination without prior approval of
the OWNER.
9.12 PROPRIETARY RIGHTS
If patentable discoveries or inventions should result from work required herein, all rights accruing from such discoveries
or inventions shall be joint property of the ENGINEER and the OWNER. Provided that the OWNER, state agencies or
political subdivisions and the United States Government shall have the irrevocable, nonexclusive, nontransferable and
royalty-free license to use each invention in the manufacture, use and disposition, according to law, of any article or
material, and in the use of any method that may be developed as part of the work described and contemplated herein.
13
9.13 RECORDS
The ENGINEER shall maintain accounting records and other evidence pertaining to the cost incurred and to make the
records available at all reasonable times during the Contract tell1l and for one (I) year from the date of final payment.
Such accounting records and other evidence pertaining to the cost incurred will be made available for inspections by
OWNER.
9.14 SUCCESSORS IN INTEREST
The covenants, agreements and all statements in this Contract apply to and shall be binding on the heirs, personal
representatives, successors and assigns of the respective parties.
9.15 ATTORNEY'S FEES AND COSTS
That in the event it becomes necessary for either Party of this Contract to retain an attomey to enforce any of the lell1lS or
conditions of this Contract or to give any notice requircd herein, then the prevailing Party or the Party giving notice shall
be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City
Attorney.
9.16 MODIFICATIONS AND AMENDMENTS
That any amendment or modification of this Contract or any provisions hcrein shall he made in writing or exccuted in the
same manner as this original document and shall aftcr cxeeution become a part ofthis ContTact.
In witness Whereof, the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN, MONTANA
BY:
~A/]l() f\(\~
_.,.."',.~
ENGINEER
BylyL /~~--
(- ~:>.(Yice-President)
DATE: e-'->">,'.\, \_-"-
---=-------,,''',.,~,,---,----\----, ---..-
(City Manager)
DATE: '(... /7 ~ 0 C:.
::Ti2. // U ~ -
(Clerk of Cornmisslon)
14
H:\0417\052\Docs\contracts\Revi~ed Draft Profess Serv Agreement Water Survey.rtf
EXHIBIT C
SCOPE OF SERVICES FOR PROFESIONAL ENGINEERING AND
SURVEYING SERVICES FOR THE WATER RENOVATIONS SURVEY
PROJECT
The following is a list of specific tasks that will be provided for the Water
Renovations Survey project.
· Control - Establish vertical and horizontal control for the project including
horizontal control points at intervals of a maximum of 1,000 feet and
vertical benchmarks at intervals of approximately 1,000 feet.
· Topographic Survey - Conduct a topographic survey to include
topographic features within the right of way including obtaining depth
information on all manholes and water valves.
. Utility Locates - Coordinate with utility companies regarding their
infrastructure and survey the lines located by the utilities.
· Property Monuments - A right of way survey is not included in the scope of
services.
· Base Map - Prepare base map for design purposes.
· Verification - Conduct site visit to review draft map and provide quality
assurance.
. Deliverables
o Hard copy paper map at 1" ;;;; 30' for each project.
o Overall control diagram.
o All LDD files.
TASK
TOTAl
HOURS
SUPERVISING SR SURVEY
ENGINEER I MANAGE~
SURVEY
MANAGER
CAOO
DRAFTER
SURvEY
CREW
CLERICAl
EXHIBIT D . Engineering Fee Estimate
WATER RENOVATIONS FIELD SURVEY. PRELIMINARY SCOPE OF SERVICES
STAFF HOuR ESTIMATE
PrOject #1 Horizon1al Control in Field 4 4
South Church 7 Olive to Mendenhall VerticliIl Control in Field 2 2
Office Compu1ations 2 2
Topographic Su~y 30 30
Office Computations and Driilfting 8 8
Field Verifications 3 3
F'rolect Management and Coordination 2 1 1
susrOTAl OF STAFF HOURS REQUIRED 51 1 4 2 8 36
HOLJRL Y LABOR CeST $130 $120 $8U $60 $120 $43
LASOR COST BY POSITION $130 $480 $160 $480 $4.320
TOTAL lABOR: $5,570
TOT A.L EXPENSES $1,134 Tec::hnolOQY Charge, Survey EQuipment and MisceUcmeolls E)(pen!'i!;!!5
TOTAL COST OF PHASE. $6,704
Project #2 Horizontal Conlrol iri Field 2 2
East Babcock. ROLl!i9 to Wallace Vertical Control in Field 2 2
Office ComDutations 2 2
Topooraphic Survey 24 24
Office Computations <Ind Dn:~fUnfl 8 8
Field Verification!;> 2 2
Project MClrlaQem~nt aM Coordination 2 1 1
SUBTOtAL OF STAFF HOURS REQUIRED 42 1 " 2 8 28
HOURLY LABOR COST $130 $120 $80 $60 $120 $43
LABOR COST flY POSITION $130 $360 $160 $480 $3,360
TOTAL LABOR; $4,490
TOTAL EXPENSES $892 Technology Charge, Survey ~l1uiPment and Miscellaneous ExPense!;;
TOTAl COST OF PHASE' $5,382
PrOj~ct #3 Hori7.ont;,::l1 Control in Field 4 4
Lindley Place - Koc:h to Olive Vertical COntrol ill Field 2 2
Office Computations 2 L
TopograPhic Surv~y 20 20
Office Computa.iol1s and Drafting . 8
Field Verifications 2 2
PrOlect Manaoement ~nd Coordin<'ltion 2 1 1
SUBTOTAL OF STAFF HOURS REOUIRED 40 1 3 2 B 16
HOuRL Y lABOR COST $130 $120 $80 $60 "~$120--$43~
LABOR COST BY pOSITION $130 $380 $1.0 $480 $3.1~O
TOTAl ~ABOR. $4.2'0
TOTAL EXPENSES $833 TecMoloQV CMr!:)e. Survey Equipment and Miscellaneous Exponses
TOTAl COST OF PHASE, $5.oa3
PrOjeC1 #4 Horizon.al Control in Field 3 "
Ea!it Koch Street ~ Bozem:an to Lindley PI Vertical Control in Field 2 2
Office Computations 2 2
Topogrilphic Survey 12 12
Office Computations and DrClfting 4 4
Field Verifications 2 2
Project ManaQement and Coordination 2 1 1
SUBTOTAL OF STAFF HOURS REQUIRED 27 1 3 2 $:0 -'-$~O--~$4O-----
HouRLY LABOR COST $130 $120 $BO
LABOR COST BY POSITION $1$0 $360 $1.0 $240 $2,040
TOTAl LABOR. $2.930
TOTAl EXPENSES $549 'l'ecMoIOOV CnarQe, Survey E:Quipment <md MiscBllarieous Expenses
TOTAL COST OF PHASE: $3,479
Pfoject #5 Horizont,(:ll Control in Field 4 4
South Bozeman ~ Story to Qlivl:! Vertical Control in Field 2 2
Office Computations 2 2
Topoaraphlc Survey 32 $2
Office Complltation~ ;,::Ind Drafting 8 8
Fiflld Verifications 2 2
Proiect Mana~ernent and Coordindtion 2 1 1
SUBTOTAL OF STAFF HOURS REQUIRED 52 1 3 2 8 3B
HOUR~ Y lA60R COST $130 $120 $80 $6U $120 $43
l,ABOR COST BY pOSrTION $130 $360 $160 $480 $4,560
TOTAL LABOR. $5.690
TOTAL EXPENSES $1,189 TechnOlogy ChafQC, Survey EQuipment and Miscelll;lnenus Expenses
TOTAl. COST OF PHASE: $8.87.
ProJect #6 HOfllontal Control in F~ld 4 4
North Bozeman ~ Main to Lamme V@'rtical Control III Field 2 2
Office Computations 2 ,
Topographic Survey 24 24
Office ComputatKJnS and D(afting 8 "
Field Verifications 2 2
Project M.tmi'lQement ;,:md Coordination 2 1 1
SUBTOTAl,. OF STAFF HOURS REQUIRED 44 1 3 2 " 30
HOURLY LABOR COST $130 $120 $80 $60 $120 $43
LABOR COST BY POSITION $130 $360 $160 $4.0 $3.600
TOTAl LABOR, $4,730
TOTAl EXPENSES $951 Technology CharQe, Survey r=.Quipr'nenl and Miscellaneous Expenses
TOTAL COST OF PHASE; $5,681
PrOject #7 HQrizontal Control in Field 4 4
North Black. Main to Lamme Vertical Control in i=ietd 2 2
Otfice COrrlPutationl:i 2 7
Topograpl1ic Survey 24 :14
Of/ice Computations and DratllnQ B 8
Field Verifications 2 2
Projec1 ManaQement and Coordination 2 1 1
SUElTOTAL OF STAFF HOURS REQUIRED 44 1 3 " 8 30
HOURLY LASOR COST $13U $120 $80 $60 $120 $43
LAaOR COST BY POSITION $130 $360 $160 $400 $3.600
TOTAL L.ASOR: $4,730
TOTAl EXPENSES $951 TectmolOQV cnarQe. Survey EQuipment and Miscp.llanp.(}(IS Expen!:ie;!S
TOTAl COST OF PHASE, $5,681
Project #8 Horizontal Control in Field 4 4
North Tracy. Main to Lamme Vertical COrltrol in Field 2 2
Office Computations 2 ,
Topographic Survey 24 24
Office Computations and DraftinQ 8 a
FIeld Verffications 2 2
Project Mandgem~nl aM Coorcllnallon , 1 1
SuBTOTAL OF STAFF HOURS REQUIRED 44 1 3 , 6 30 --~
HOURLY LABOR COSt $130 $120 $80 $60 $120
LABOR COST BY POSITION $130 $300 $160 $400 $3,600
TOTAL LABOR: $4,730
TOTAl EXPENSES $951 Technology Chame. Survey EQuipment aM Mlscellanuuus Expenses
TOTAl COST OF PHASE, $5,681
Projec:t #9 Horizontal Control in Field 4 4
North Willson. Main to Lamme Vertieal ConUol in Fi9ld 2 2
Office Computations 2 2
TopoQraptlic Survey 24 24
Offil;:e CompLJtationl; ;find Drafting 8 8
Field Verifications 2 2
Project Management and Coordination , 1 1
SUBTOTAL OF STAFF HOURS REQUIREo 44 1 3 2 " 30
HOURLY LABOR COST $130 $120 $"0 $60 $120 $43
LABOR COST BY POSITION $130 $360 $160 $480 $3.600
TOTAl LABOR: $4,730
TOTAl EXPENSES $~51 Tecnnolo~v Charoe, Survey ~QuiDl'nont and MisceUaneoU!; Expense5
TOTAl COST OF PHASE, $5,681
Project #-10 Horizontal Control in Field 4 4
North S'n _ Lamme to Villard Vertic(:I1 Control in Field 2 2
Office Computations L 2
Topogr<;lphic Survey 24 24
Office Computatlons and Draftino 8 A
Field Verifications 2 2
project Management and Coordination 2 1 1
SUBTOTAL OF STAFF HOURS RECUIRED 44 1 3 , 6 30
HOURLY LABOR COST $130 $120 $80 $60 $120 $43
LABOR COST BY F'OSITrON $130 $360 $160 $4.8 $3,fjiOO
TOTAl LABOR: $4,730
TOTAl EXP~NS~S $951 Technology Charge. Survey EQuiPment ~nd Miscellaneous Expenses
TOTAl COST OF PHASE, $5,681
Project #11 Horizont.al Control in Field 8 8
South SIfT ~ Main to HarriSOn Vertical Contl'Ol in Field 4 4
Office Computations G 6
TopogtaPhiC; Survey 96 96
Office Computations and Drafting 32 32
Field Verifications 8 8
prorect Management and Coordination 3 2 1
SUBTOTAL OF STAFF HOURS REOUIRED 157 2 9 6 32 10B
HQURL Y LABOR cas,. $130 $120 $80 $60 $120 $43
LABOR COST SY POSITION $260 $1.000 $400 $1,920 $12,MO
TOTAL lABOR; $16.700
TOTAL E.XPENSES $3.417 TeChnOIOOv CnafQc, Survey EQuipment and Miscellaneo~J~ Expenses
TOTAl COST OF PHASE' $20,111
Project #12 Hori~ontal Control in Field 4 4
North gill w Main to Lamme Vertical Control in Field 2 2
Office COrnpl.l1aliol15 4 4
TopograPhiC SUI'V@Y 24 24
Office Computations and Drafting 8 6
Field Verifications 2 2
Prolect Management and Coordination 2 1 1
SUBTOTAL OF STAFF HOURS REQUIRED 46 1 3 4 8 30
HOURLY l,...ABQR COST $130 $120 $80 $60 $120 $43
LABOR COST BY POSITION $130 $350 $320 $480 $3,600
TOTAL LABOR: $4,890
TOTAL EXPENSES $960 Technology Charge. Survey E{Juipmi:!nl ana Miscellaneous E.xPenses
TOTAl.. COST OF PHASE: $5,850
PrOject #13 Horizontal Control in Field 4 4
North 1011\ - Main to Beall Vertical Control in Field 2 2
Office Computations 4 4
T OPo{lraphic Survey 32 32
Ottic!:!' Computations and DratMg 10 10
Field VerificatlCins 3 3
Project Management and Coordination 2 1 1
SuSiOTAL OF STAFF HOURS REQUIRED 57 1 4 4 10 38
HOURLY LABOR CaS,. $1~:I0 $120 $80 $60 $120 $43
LAElOR COST BY POSITION $130 $480 $32. $600 $4,56.
TOTAL LA60~: $6,090
TOTAL EXPENSES $1,210 Technology Charge, SUlvey Equipment ana MisccllarH:,'Ous E.xpenses
TOTAL COST OF PHASE: $7,300
PrOjec:t #14 Horizontal Control in Field 2 2
West L.amme ~ 81,., to 11!1"I Vertical Control in Field 1 1
Offi(:p. Computations 4 4
TopoQraphrc Survey 30 30
Office Computations; and Drafting 10 10
f=ielcl VerificatIOns 3 3
Project Management i;lnd Coordination 2 1 1
~~TOTAL OF STAFF HOURS REQUIRED 52 1 4 4 10 3"
HOURL Y LAaOR COST $130 $120 $80 $60 $12. $43
LABOR COST BY POSITION $130 $480 $320 $50. $3,9'0
TOTAl LABOR: $5,49.
TOTAL EXPENSES S1,062 TechnOIOOY Charqe, S~Jrvey i:.Quipment and Miscellaneou!'i Expense~
TOTAL COST OF PHASE. $6,552
TOTALS
Project #1 South Church - Olive to Mendenhall $6,704
Project 112 Ea$t Babcock . Rous~ to Wanac;~ $5,382
Proil!ltt #3 Lindley Place. Koch to Olive $5,083
Project #4 East Koch Street ~ Bozeman to Lindlev PI $3,479
Proi~ct #S Soutl1 Bo;teman . Story to Olive $6,.1179
Project 116 North Bozeman ~ Main to Lamme $5.681
Project 1#7 North Black. Main to L.i1mn'Wl' $5,581
f:lroJec:r#t North TrlilCY - M~in to Uimme $5,681
Project #9 North WIllson. Main to Lamme $5,881
Project #10 North 8th . Lamme to Villard $5,581
P'roJeet#11 South 8th - Main to Harri.!loll $20,117
Projec:;t #12 Nortn 9th. Main to Lamme $5,850
Project #13 North 10th ~ Main to Beall $7,300
ProjeGt #14 West ummltl- 8th to 11th $6,552
TOTAL SERViCeS $95,752
-l- -
.
'",
,
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
FOR
WATER RENOVATIONS SURVEY PROJECT
MML No. 417.052
THIS IS AN AGREEMENT made as of _, /4 ,2007, 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
April 17 , 2006, herein referred to as the Original Agreement, for professional engineering services
for the Water Renovations Survey Projeet; and
WHEREAS, the parties desire to amend provisions of the Original Agreement to add
additional areas to 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 D-l (AMENDMENT NO. 1)-
ENGINEERING FEE ESTIMATE OF ADDITIONAL STREETS TO SURVEY, are hereby
ineorporated in and made part of this Agreement.
Article 6 - Compensation For En2ineerin2 Service
Article 6.1 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 section 4.2 of this agreement pay a total sum in the amount of $ 103.562.00
for such services.
6.1.2 Payment Schedule. Total cumulative payments for the design phase engineering services
(section 4.2) shall not exceed the following ceilings:
$ 103.562.00
(100 % of design fee) until the survey has been submitted to the OWNER.
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 oftasks or specific
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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 (4.2) and are not separately reimbursable. Additional
Services specifically identified under the scope of design services for payment under 6.1 are not
separately reimbursable.
Exeept 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.
B~~~'
(City Manager)
BY:
lc~. loL-~
, , ~ (V ice-President)
DATE: 1-10 -0)
DATE: Dee.. l \
&00 <L>
-...~.
ATTEST:
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H:\0417\052\Docs\contracts\PSA Amendment #l.doc
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EXHIBIT 0-1 (Amendment No.1) . Engineering Fee Estimate Of Additional Streets to Survey
WATER RENOVATIONS FIELD SURVEY - PRELIMINARY SCOPE OF SERVICES
STAFF HOUR ESTIMATE
TASK
TOTAL
HOURS
SUPERVISING SR SURVEY
ENGINEER I MANAGER
SURVEY
MANAGER
CADD
DRAFTER
SURVEY
CREW
CLERICAL
Project #15 Horizontal Control in Field 4 4
East Lamme ~ Rouse to Church Vertical Control in Field 2 2
Office Computations 2 2
Topographic Survey 12 12
Office Computations and Drafting 4 4
Field Verifications 2 2
Project Management and Coordination 2 1 1
SUBTOTAL OF STAFF HOURS REOUIREO 28 1 3 2 4 18
HOURLY LABOR COST $130 $120 $80 $60 $120 $43
LABOR COST BY POSITION $130 $360 $160 $240 $2.160
TOTAL LABOR: $3.050
TOTAL EXPENSES $701 Technology Charge, Survey Equipment and Miscellaneous Expenses
TOTAL COST OF PHASE: $3.751
Project #16 Horizontal Control in Field 4 4
Cypress. Main to Babcock Vertical Control in Field 4 4
Office Computations 2 2
Topographic Survey 12 12
Office Computations and Drafting 4 4
Field Verifications 2 2
Project Management and CoordinatIOn 2 1 1
SUBTOTAL OF STAFF HOURS REQUIRED 30 1 3 2 4 20
HOURLY LABOR COST $130 $120 $80 $60 $120 $43
LABOR COST BY POSITION $130 $360 $160 $240 $2.400
TOTAL LABOR: $3,290
TOTAL EXPENSES $770 Technology Charge. Survey Equipment and Miscellaneous Expenses
TOTAL COST OF PHASE: $4,060
TOTALS
Project #15 East Lamme - Rouse to Churct $3,751
Project #16 Cypress. Main to Babcoc~ $4,060
TOTAL SERVICES $7.810