HomeMy WebLinkAbout03- Marvin & Assoc., Professional Services Agreement
PROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made as of Ma rch 17, 2003 , between THE CITY OF BOZEMAN, a
Municipal Corporation, Bozeman, Montana, 59715 (OWNER) and
Man'in & Associaks, a Sole Pnmrietor ConsuItinl! Firm, BiIlinl!s, Montana. 591()2 (ENGINEER).
Whereas the accomplishment of the work and services described in this Agreement is essential to the OWNER'S
public works improvement program.
Whereas the OWNER intends to and has selected the ENGINEER to provide necessary and professional engineering
services for the project.
Whereas the ENGINEER represents that it is willing and qualified to pertorm the professional engineering services
for this project described in this Agreement.
'fherefore, in consideration of the foregoing recitals and the mutual covenants and conditions contained hercin, the
parties agree as follows:
ARTICLE 1- ENGINEERING SERVICES
1.1. The detailed description of the specific project cmnponents is dcscribed as l<:'lllows
l~NGINLl'J{ shall perl<:'1fI111xe-design lI1vestigatio!1S as describcd hcrein to prepare an application for the Federal
J-Ia/ard Elimination Program, adrninistercd by the Montana I )eparttnent of Tr'H\sporlation (MDT) Work on the project is
directed toward traffic signal installation and related improvernents at the Illtersection of Willson A venue and College
Strect. ReqlJired documents associated \\ith the llazard Elimination Satdy (HES) subrnittal include: loealion and cun'ent
cundilion descnption, collislOn diagram and accidenl summary for the period im'estigated, traffic eounls on each approach,
estimated tranlc growth, aCCIdent trends, corrective measures assessmcnt, reconllnended irnprovements with a drawing of
those irnprovernents., and illl irnpHlvernents cost estim,lte. Included with tasks required to suhrnit these doeumenls to MDT
will be: trafttc counts at peak hour periods, trafttc signal wanant analysis, estimates of design hour tralEe volumes,
capacity analysis, and design critena suitable t~)J' Llse in I'uture prelimmary and final design activities This contract only
includes J)J'e-design investigations andrnay he mnended to mchJde prcliminary design, ttna1 design, ,ll1d construction
services III the I'uture, i1"so desirl'd hy the OWNER
1.2. Thc scope of ser\'1ces under this contract are set fmih in this agreement.
ARTICLE 2 - ENGINEER'S RESPONSIBILITIES
2. I. I ,:NC; INI ':1 m shall perliJnn j()r ()WNf.:J< proll'ssJOnal engineering services in all phases of the Project to which
this AgreeTnent applies as hereinaller provided. These services \\ill include, but not be lirnited (0, serving as OWNER's
prokssional engineering representali\e li.lf the Project, providing profess1Onal enginl,ering consultation and advice and
furmshmg cus(omarv civil and structural engineering services incidental thereto.
2.2. The ENCiINT.:J]( shall furnish all labor, matenals, equiprnenL supplies, and incidentals necessary to eonduel and
cmnplete the FNCJlNI':FR'S portions of the Project ,!IlL! to prepare and deliver to the OWNER all data, reports, plans,
specific,ltions, ,nld recommendations as designated herein.
2.3. The ENCHNEER shall ascertain such inl<'llmalion as rnay have a bearing on the work fh)lll local units of
government. public, and prinlte organizations and shall be authorized to procure information frmn other authorities as to
the extent of these contacts and the results thereof.
2.4. The liNGTNEER'S work shall be in accordance with the standards of sound engmeering practices.
2.5. The FNCJlNJ--:J-..:R shall nmne a Principal-hl-Charge li)r the duration of the project The Principal-In-Charge shall
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be --.HilhertB-J'ylarvin, I'E, PTOE.
2.6. The ENGINEER shall name a I'roject Manager who shall be the liaison between the ENGINEER and the
OWNl:lt The Project Manager shall he Robert R. Marvin. P.E, ]'-TIJ.E. The OWNER Tnay nmne a Task Director
who would be the liaison bdwem thl: ENGINIIER and till: OWNER during the cksign segmmt ofthl: Project.
2.7, Thl: ENCTINFFR shall submit an estimated progress schedule at the beginning of the work, and monthly progrl:ss
rl:ports thl:milkr until the project is eomplded.
ARTICLE 3 - OWNER'S RESPONSIBILITIES
).1 Thl: OWNlm. shall n,l)lle a Task Diredor who shall he the liaison hdwel:n thl: ENUINl~ER and the OWNER
during ])j.:SIC iN segTnent of the I'rojeet. Thl: Task Dirl:dor cksignated shall be Sue Stodola
\.2 The OWNI,:R shall have the right ofrevie\v and examination of the ENCIINI'JiR'S work at all times,
).) The I )WNLR shall makl: availabk all rel:ords (as-built drawmgs, wnstruetion records, etc.) indil:ating the
existing configuration of the city utilitil:s.
)4 The OWNER will bl: responsibk I<x Advertising Bid Openings,
.\.5 Thl: O\VNER shall alll'lld (\-11: pn:-hid I:Onlerenl:es, bid openings, pre-construction conferences, l:(lTlstrudion
progrl:ss and othn .lob rdakd medings, subs(;lntiall:ompldion inspl:ctions and final payment inspections.
ARTICLE 4 - BASIC ENGINEI<:RING SERVICES
The ENGINEER shall render professional Engineering Services as follows:
4.1 PRE-DESIGN INVI<:STIGATION PHASE
^lkr \Hittl:n authori/,alion to proceed, FNCIINI---J..:R shall:
4.1 1 Consult with I )WNER to darify and define OWNER's requIrelllents for the Project and review
availabk data.
4.1.2 Advise OWNER as to the necessity of OWNER's providing or obtaining Irom others, data or servil:es
and assist O\VNER in obtaining Slldl datkl or servil:es.
4. 1__\ lckntif,. and ana 1;'7,e requirernents of gownlmmtkll a uthorilies having .Iurisdiction to approve thl: cksign
or tI\l; Projel:t kind partil:ipatl: in l:onsullatioTls with sw.:h authoritil:s.
4.1.4. Providl: analyses oj" OWNER's nl:l:ds, planning survl:Ys, site evaluations and cOTnparatiw studies of
prospedive sites and solutions
4.1.5.
I'rovide a gcncraleeonmnil: analysis oj'( )WNER's requirements applicable to various alternaliws,
4. Ui Assist in formation of Special Improvement DiSlricts (SID) by preparing districl boundary
descriptions and maps, preparing a property owner's and assessments role lists including projecl assessment
costs based on the prcliminary project cost cstimates, and providing technical information at SID public
hearings, if applicable.
4.1. 7. Prepare a Report containing schematic layouts, sketches and conceptual design criteria with
appropliale exhibits to indicate clearly the considerations involved (including applicable requirements of
governmenlal aulhorities having jurisdiction as aforesaid) and the alternative solulions available to
OWNER and setting forth ENGINEER's findings and recommendations. TIlis Reporl will be accompanied
by ENGINEER's opinion ofprohable costs for the Project including the following which will be separately
3
itemized: Construction Cost allowance for engineenng costs and contingencies, and (on thc basis of
inlormation furnished by OWNER) allowances for such other items as charges of all other professionals
and consultants, for the cost of land and rights-of-way, for compcnsation for or d,ullages to properties, for
interest ,md financing charges and for other services to be provided by others for Owner. The total of all
such costs, allowance, etc. are hereinafter called "Total Project Costs".
4.l.X.
Furnish _~ copies of the Study and Report docUlnents and review tlwm in person with OWNER.
The Pre-design Inwsligution Phase will he completed and suhmitted hy Mllfeh 2X, 2003, having already received written
illlthori/.ation thllll OWNER to ENCiINEJ<:R to proceed with that phase of services
ARTICLE 5 - ADDITIONAL SERVICES
5. I. If OWNER wishes I':N( ilNl\ER to perfonn any of the followmg Additional SerVICes, OWNER shall so instruet
ENGlNlD:m in writing, and EN<J INEER shall perfrmn or ohtain frOTn others such services and will he paid therelr)re as
provided in the Agreement:
5.1.1.
Legal land surveys perlrmned to ohtain data t(JI' preparing casements and rights-of-way descriptJons.
5. I .2. Preparation of applications and supporting documents for govenunental agencies in addition to those
requIred Imder Basic Services; preparation or review or environmental studies and related services; and
aSSIstance III ohtallllllg environmental approvals.
S. I .3. Services resulting from significant changes in the general scope, extent or eharacter of the Project or
rnajor changes in documentation previously accepted hy OWNER where changes are due to causes heyond
ENGINEER's eontrol.
5 1.4.
Providing renderings or models.
:) I.:). Preparing docUlnents for altemale hids requested by OWNER tr.lf work not executed or f()r out-of..
sequence work.
5.1.6. Providing other services not otherwise provided for III the Agreernent mc]wling services nomlally
furmshed by the OWNER as elsewhere herein deserihcd.
5.1.7. Fumishing the selvices of independent professional associatcs or consultants t(lr ot1wr than Basic
Serviees.
ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE
(, I LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER
(,. I. I t~i1}'tnent. The ()WNHR shall for the pre-design phase services perfonued as l3asie Engincering
Services under sections 4. l of this agreement pay a total sum in the amount of $S,~9IOO for sueh servIces.
(i.I.2 !~;rvn'ICn!..~gJ)~0\!.1~. Total curnulative payments for the prc-design phase engineering services (section
4.1) shall nol exceed the following <:eilings:
$ 8,007.00 (90 % of design ICe) until the Pre-design Investigation and Preliminary I )esign
Report have been suhrnitted to the OWNER.
(J. I__i Q<;nc.ri!L Engmeer shall submit monthly statemcnts for sel'\"ices rendered. The stalements shall be
based upon 1 :ngineer's estJlTlate or the proportion of the total services actually cmupleted at the time of hilling,
subieet to any limitations on Payments based on cmnpletiol1 oj" tasks or specific retainage requirements pursuant
to the pavment provisions or the ^greement .
.__/hour
Ihour
Ih our
Ihour
Ihour
Ih our
.____jhour
Ihour
Ihour
Ihm!r
6.1.4 Reimbursable_EWL:jlses. All design related expenses arc included in the Lump Sum Payment for the
Basic services (4.1) and are not sepawldy reimbLlrsubk. Additional Services specifically identitied under the
scope of design services It)r puyment under (, I arc not sepawtdy reimbursable.
ARTICLE 7 - MEANINC OF TERMS
71 AGREEMENT
As used herein the tCI111 "this Agreement" rders lo the contents of this document and its Exhihits attached herdo and
referrcd to as if they were part or one and the sarrl(~ document.
n CONSTRUCTION COSTS
The construction cost of the entire Project (herein rei"crred to as "Construction Cost") mcans the total cost 10 C)WNER of
those portions of the entire Project designl,d und specified by ENGINEER, hut it will not include ENGINEER's
eompensution and expenses_ the cost of land_ rights-of-way_ or compensation for 01" damages to, properties unless this
Agreenlent so specifies_ nor will it include OWNER's legal, aeeounting_ insurance counselmg or auditing serVlCes, or
interest and llnaneing charges incuned in connection with the Project or the cost of other services to be provided by' others
to OWN1~R.
7.1, DIRECT LABOR COSTS
Direct Labor Costs used as a basis [t)r payment mean the actual salaries and wages paid to all FNCHNEER's personnel
engaged directly on the Project including, hut not limited to, engineers, drchitccts, surveyors_ designers, drafters,
specification writers, estimators, other technical and bus mess personnel; hut docs not inchlde indirect payroll related costs
or [Tinge benclits. For thl' purposes of this Agreement the principals and employecs of the ENCJINFFR maximum billable
Direct Labor Costs arc:
I'rincipals
Project Manager
Senior Engineer
Stull Engineer
Senior Technicians
CADD Drafter
Technicians
Construction Inspector
Two Person Survey Cn.:w
Clericdl
74 REIMBURSABLE EXPENSES
$___Z2J~(.)..
$
$
$
$
$
$
$
$
$,
72.00
72.0(J
44.00
__._43.00
/lx.oo
:1200
50.00
9200
1,0.00
Reimbursable Expenses mean the actual expenses inemred by FNCIINI-<:J--<:J-( or 1':NClINEER's independent professional
associates or consultants directly ll1 connection with the Project, such as expenses (i)]' transportation and suhsistence
incidental thereto; ohtaining hids or proposals (I'onl Contractor(s); sLlbsistenee and transportation of Resident Project
Representatives and their assistants; toll telephone calls and telegrams; reproduction of rep0l1s, I )rawings, Speeil"ieations,
I3idding Doclnm,n(s and similar Project-rclated items; and if authorized in advance by OWNER, overtime work requiring
higher thall regular rates. In additioll, when compensation for Basic Services IS on the basis of I )irect I ,abOI' Costs mcthod
or payrnenL Reimbursable Ti\penses will also include the amount billed to FNCJ INEFJ( by special consultants employed
by ENUlNL'l~R and authorized bv OWNER (other than as an authorized Additional Scrviees) and will also include
expenses inClined for computer tinle and other speciali7.ed equipmcnt, including an appropriate charge (()[ previously
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.5
established progrmns and expenses or photographic production tedmiques.
ARTICLE 8 - PAYMENT PROVISIONS
R I TIMES OF PAYMENTS. J--:N(iINJ--:hR may submit lnonthly statelnents for Basic Services and approved
Additional Services rendered and [()r Reilnbursable hxpenses incuned; however, paynlCnts shall not exceed the ceilings
provided in (;. L l,'inal paYlnent shall be made only aftcr acceptance of the project by the OWNER II' O\VNER disputes
the anrOLllIt 01' the hilling, OWNER willnotil~' the ENCjINEER in writing within ten (lO) calendar days of the receipt of
bill of the dispute,
S,2 R~:QLJ ~:STS FOR PAYMENT. Each request for payment shall indude a documentation sunllnary of the
period incremental man hours incuned, direct labor rates and billed rates, detail of reirnbLlrsable costs, total period billing,
and total cwnulative billing. When requested by O\VNER serviccs for distinct project segments shall he accounted and
billed separatdv
S,3 PAYMENT UNDER TERMINATION. In the event of tennination by the OWNER upon the completion of any
phase of the l3asie Ser\'lees, progress IXI)~nents due hN(i1Nhl-]~ for services rendered throllgh such phase shall constitute
toud payment fix such services In the event of such tennination bv OWNFR (hiring any phase of the Basic Services,
hN(; lNhER also will be reimbursed for the charges of pre-approved independent professional associates and consultants
employed by 1':N(ilNl.:t~R to render Basic Services, and paid for services rendered durlllg that phase on the basis of the
payment provisions of the AgreernenL In the event of any such tennination, ENG [NIiER will be paid f()r unpaid pre-
approved Additional Services and unpaid Reimbursahle Expenses which arc <Juthonzed LLmkr this agreement.
ARTICLE 9 - GENERAL CONSIDERATIONS
9.1 TERMINATION OF AGREEMENT
Y. I I The sole right is hereby reserved to the OWNER to tenninate this Enginecring Agrecment for any and
all UHlses or f()r its convenience at any tilne upon fifteen (15) days written notice to the ENGINEER.
9.1,2 If 1cnmnation I(lr dclilult is ciTec1ed by the OWNER, an equitable adjustment in the price provided for
in this Agreement shall be made, but (l) no amount shall be allowed j'()r anticipated profit on unperfOlmed
services or other work, and (2) any payment due to the EN(llNEER at the tilne ofteT111ination may be adjusted to
cover any additional c:osts to the OWNER beC:illlse of the ENGINEER's debull If tennination for c:onvenience
is eJ"[L'etcd by the ()WNFR, the equitable adjLLstrnent shall indude a reasonable profit, as detennined hy owner,
for services or other work perfonned. The equitahle adJustlnent for any tcnnination shall provide for paynlent to
the 1.:NCilNFliR for services rendered and expenses incuned prior to the knnination, in addition to tennirwtion
settlement costs reasonably incurred hy the r;:NGINEER relating to connnitments wlm:h had become /Irm prior to
the tcnnination.
9.1.) Upon receipt of a tennination action under paragraph 9.1.2, the ENGINEER shall (I) promptly
discontimlC all affected work (unless the notice directs otherwise), and (2) ddivcr or otherwise make il\ailabk to
the O\VNER wilhm (en (10) days copies of all data, design drawings, speci lic:atiol1S, reports, cstimates,
summaries and suc:h other infonmltion and materials as may have been acclnnulated by the EN(;INI-<:J--;J( in
perl(lnning thiS Agreement, whether c:ompleted or in process,
() 1,4 [n the event this Contraet is !crminated prior to completion, the original copies of the ENC;INEER'S
data, recommendations, plans, spceifIcations, analysis and other relakd documents prcpared by the ENCiINEER
prior to said termination shall be ddiver(x! to and become the property of the OWNER.
(J.IS I Jpon tennmatiorL the ()WNliR may t,.rke over the work and may award another party an Agreement to
complete the work under this Agreenlent
9,1.6 OWNER'S righllo terminate is in addition to any other remedies ()WNER may have undcr the law.
<).2 INSPECTION AND AUDIT
All books, papers, reeords, payTolls, vouchers and lllVOICCS rdating to costs and expenditures incUlTed as to tll<:
perfonnance of the sernces bv the ],:NCilNEI--:R hereunder shall be made availab]c to the OWNER, or their authorized
representatives for audit and review, at the ENCHNl':ER'S respective otlices at all reasonahle times during the eontract
period and for three years li'om the date or final payrnenL
')3 EMPLOYMENT
The ENUINEER warrants that he hus not eTnployed or retained any cOlnpany or persons, other than a hona lide employee,
working solely for the ENU1NEl':JZ, to solicit to secure this contract, and that he has not paid or agreed to pay any
eOlnpany or person, other than bona lide ernp]oyees working solely for the ENnlNFFR, any lee, cornTnisSJOn, percentage,
brokerage fee, gifts or anv other eonsiderations eontingent upon or resultmg from the award or making of thIs ContracL
For breach or violation of this WaITanty, the O~R shall have the right to annul the Contraet without liability or in its
dis<:retion to deduct II'om the pricl' or consideration or otherwise recover the full aInount of such fee, conumssion,
pcrcentage, brokerage fee, gift or contingent fCe.
^ll employees of the ENC iI N FFR or other persons while engaged in the per!<Jrmance of work or services required by the
1':NUINl~ER shall hl' considered eTnployees of the FNCjlNEER only and not of the OWNER.
9.') NONDISCRIMINATION
Thc ENC;INL~L~R will not discriminate on the basis of race, color, religion. <:reed, politica] ideas, se'\, age, marita 1 status,
national origin or disability in enlp]oYTnent or provision of services. The ENCilNFFR shall be SLlhject to and comply with
Title VI of the Civil Rights ^et of 1<)(j4~ Section 140, Tit]e 2, United States Code, and all regulations promulgatcd
thereunder
<),5 SUBLETTING OR ASSIGNING OF WORK
The I--:NUINErm. shall not sublet or assign any of the work covered herein without prior written approval of the C)WNFR.
9.(i STANDARD OF CARE
In pronding servicl's under this agreernent, the ENCilNEER will perfonn in a nwnner consistent with the degrc:e of care
and skill ordinurily exercised by rnernbers of the same profession cUlTently practicing under siTnilar circumstanees, If any
service should be found to he not in conformanee with this standard, the ENCIINEER shall, at the OWNJ,:JCs request, re-
perfonn the service at its own c'\pcnsc Engineer shall also, at its own cxpensc, make such changes, modifications or
additions to the project w'hlGh are made necessary as a result of the initial non-performance or the re-perfomranee of
services. The OWNFR's nghts herein are in addition to any other remedies the OWNJ':R may have under the law,
') 7 LEGAL RELATIONS
971
The ENGINEER shall eomply with all Federal, State, and Local laws and ordinances applicable to the
work to be done
9.7.2
The !--:NCJlNl':I<:R agrces to llldemniry, hold hann1<:ss, and defend the OWNER, its ol1ieers, directors,
agents, and ernployees tJ'om and against any suits, causes of action, claims, demands, damages, costs,
e'\penses, obligations, and liability of any character, including attollley's l"ees, arising out or or rcsulting
from or in connection with theENCJlNFER's negligent perlfmmmee of the services specified in this
agreernent. In the event the OWNlm. is found proportionately responsible, the ENCilNEER will bc held
responsible only If)r thosc damages, costs, attomey's fees, and liabilities ,IS are attributable to the
ENGJNFFT<'s percent of fault as eOlnpared with 100%, orthe Gwlt gi\'ing rise to the damagcs.
'),7,3,
The ENGINEEf< agrees to indemnil)', hold ham1less and ddi:nd the OWNER, its officers, directors,
agcnts, and employees from and against am suits, eallses of action, claims, denuUTds, dIllllages, eosts,
6
tL:I/ t1 (I Lt~J3 tJ':l:. 4b
4t1bb:Jb4~':l1
MA~\I1N
t-'A(jt. I:fL
expenses., obligi:tlions, and liability of any C!1ll,1'llCtl.T, including /l.ltorncy' s fees, arising out of or resulting
lrom or in C<)M<;elion with the ENGINEER's non-negligent perf~)rmancc of Ule services specified in
this agrwmcnt. Tn the ovcntlhe O\\!Nl3R b lOlmd propol'tiunllloly responsible. tbo ENGINEER will be
held l'fl!lponsible only for those damages. e<~;ll~. (lttorney'o tc..'\l. llnd liabilities as llre IlHributable to the
ENGINEER's percent t,r tilult as compaIl.:d with 100% o1'tl1l: mult giving rise 1.(> the damages.
9.740 In an apfIl'opri<ttc c..lse in whlch attorney's fees llre awarded to the OWNER following IJ wrongful
~fusal of a tend<..T of defense, sFlid l\;cs lnllY include 1'.;<;15 aud sallllY pnid by the OWNER to In" City
Att:om"y or other in-h(1)sr.; cotmsel.
9.7,) TIle indet:nnity required herein 3ha1l1tot be limited by reason ()[ the spec,;ifiC<ltlon of any particular
insurance (Xlvcra!;!e in thi~ J)groomcnt.
9.7.6 The ENGINEER :\hnl1 p<.Tfoml this agree",c!),1 ~5 <In indepllndent ermlHlctQr, llud ~s such, i~ TCs\lonsible
\t1 the nWNliR {'Illy as to the results to be obtilined in thl; work herein specified. and to the extent t11l11.
the work shall he dtme in accordnncc with the terllls, plllnH ~nd spccillc.'1tions_ The liNCJlNEER shaJJ
have :lt1d l)JlIintliin complete Ct)h1rol over all of its L1I1pk'yecs, subcontt'actC'lro, agCllts ltnd opemlions,
bemg rcsporusiblc for any reqttin:d payroll deduction3 llnd providing required benellts, such as, hut not
limited to, worker's compensation Wil,h statutory limits. ll.nd l)lll;rnploymcnt in~urance:,
n INSURANCE
The UNClNEER shall lIeeutl.1 and (hrnillIJ to the OWNER certificate;: of ll)!llr(mce. therein. Mflming the OWNER as an
additinn!l! iM~l<rr;.d. to include thit"ly (30) d!\ys notice of ~neclll'ltion or notl-rerll;wal.
WithtlUl: limiting any of TiNGINEER':j ohligation3 hereunder, ENGINEER shaH !:ecure llnd mQint~in, uutil tbe wOl'k is
completl!:d 3nd .1COllpt",-l by the O\VHlSJt instU'l\Me '::C1V~I"l~.. lIlUU.lll~ Uu: OWNEl{ llS additional imul'cd wh:h minimum
;nsunlllcc covemge as folltlws:
Tvtx: ofC:overoll~
Limits
hmp-ll)y'''r~' Liability:
$ 100,000 per accident
p-L'tll,:rlll Linbilitv:
Bodily rolu,,, tit Prnocrtv D.:mlp.8!,:
i'>,inl.ll\J and comhi"n~.4
$ LOOO,OOQ per llccident
General Ag~
:I; 2.000000
Exce~s T.iobilily coverage (umbrella)
$1.000.000 each oo.'1.IITl.,TlCC
AlIknnohile:
~Djl,l!y covering ::III
Ilutomt,biles, truCk:l.
trllcl(\NI. IrlliJcrs, or
other automotive equip-
rnon! whether owned or
rented by Engineer or
owned by I:mployees of
Engineer.
$!.OOO 000 each person
$l.OOO.OOQ etIch l~UlTClJCC
Propq1jJ. I)tlmllge oovering
aIlIlUl\);n~'biJes tmck~.
tractoN:. t~oih:r~ or other
$100.000 each ,)~cum.)1'11:1,:
7
autmnotive equipnlent whether
owned or rented by hngineer
or owned bv enmlov<.:<.:s or
Engineer
()I~
U()~!jly Injury&, Property I)anlage
~ir!gl<':_;lnd. ~oTI}bineQ
5_.I~,PP(LQ()Q <.:,I<.:h o<.:<.:urr<.:n<.:<.:
In addition to th<.: abov<.: insuran<.:<.: <.:ov<.:rag<.:, th<.: ENGINEER shall s<.:<.:urc and maintain, until the work is <,:olllpl<.:lcd
and acc<.:pl<.:d by lh<.: (l\VNFR, Hnd without IlHrning C)WNER as an aekiilional insured, Professiomll Errors and
Omissions insuranc<.: <.:ov<.:r,lg<.: as 1()lIows:
I'rofcsswnal Errors & Omissions:
$ I JJOOJlOO per clainl and
aggregat<.: <.:,Ich occmrcnc<.:
9,9 ENDORSEMENT
Th<.: I,:NUINI,:I.:R, shall place his endorsenlent on all drawings and oth<.:r data furnishcd by hlln.
'),10 OWNERSHIP OF DOCUMENTS
Ih<.: parti<.:s admil and agnx th<.: do<.:um<.:nts produc<.:d umkr thls agre<.:ment are not intend<.:d or r<.:pr<.:s<.:nl<.:d lo be suitable
[()r r<':lIS<': by OWNER or any olh<.:r indi vldual on any olh<.:r proj<.:<.:L Any reuse without written v<.:riE<.:ation or adaptation by
EN(JINf~:hR will be at OWNER's sole risk and without liability or legal <':xposllr<.: 10 ENGINhf--:R, or to ENGINEER's
ind<.:p<.:nd<.:nt proli.:sslOnal asso<.:iat<.:s or <.:Onsullants. l;il<.:s in d<.:elronie media t(mnat of text, data, graphics, or of other
typcs that are l\lJTIlsh<.:d by l':NU1NL~ER to OWNL':R arc only 1()J' <.:onv<.:nience of O\\'1ler. Any condusion or lllf\mnation
oblain<.:d or d<.:nv<.:d lrom su<.:h d<.:ctwni<.: fiks will b<.: allh<.: lIs<.:r's sole risk
9,11 PUBLIC INFORMATION
The' ENGINEER shall not issu<.: am slal<.:m<.:nls, rd<.:as<.:s or mfonnation for puh1i<.: diss<.:mination without prior approval of
the (lWNFR,
() 12 PROPRIETARY RIGHTS
Ii" pat<.:ntahl<.: discov<.:ri<.:s or inv<.:nlions should J'C'suIl1rom work required herein, all rights a<.:<.:ruing ti-om such discov<.:ri<.:s
or inventions shall he joint propertv of tll<.: ENGINEER and lhe OWNER. Provided thatth<.: OVv'}.JER, state agenei<.:s or
political subdivisions and the United States (fowTTunent shall haY<.: the irrevocable, nonc\.dllsiw, nontransferable and
royally-ri-ee license to use each invention in the nHlTlntllctur<.:, lIS<': and disposition, according to law, of any article or
mat<.:rial, and in th<.: lIS<': of any mdhod lhatmay be developed as part of th<.: work ekscribed and contenlplat<.:d h<.:r<.:in.
9, I::; RECORDS
Th<.: I~NtilNl~I':R shall maintain accounting records and other evi(knc<.: p<.:rlaming lo the cost incuTT<.:d and lo make the
records availahl<.: at all reasonable times during the Contract tenu ami fix one (l) year frmn th<.: dal<.: of final payrnent.
Such i1ccounting r<.:cords and oth<.:r <.:vid<.:n<.:<.: p<.:rtaining lo the cost incuned will 11<.: made available l~)r insp<.:dions by
U\VN!<:J<'
9,14 SUCCESSORS IN INTEREST
The covenants_ agreements and all statenlents in this Contra<.:t apply to and shall he binding on the heirs, personal
representatives, Sllcc<.:ssors and assigns ol"th<.: r<.:sp<.:<.:tive parties.
') 15 ATTORN EY'S FEES AND COSTS
That in the event it beconles necessmy t~)J' either Party of this Contract to retain an attorn<.:y to enl<.ll'ce any of th<.: 1<.:rnls or
conditions of this Contract or to giw any noti<.:<.: r<.:quired herem, then th<.: pr<.:nliling Party or the I'arty giving noti<.:e shall
8
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be entitled to reasonablc allorm:y's f"ccs and costs, including f"ccs, salary, and costs of in-house counscl to include City
^llomey.
9.16 MODIFICATIONS AND AMENDMENTS
That any amcndmcnt or modification of this Contracl or any provisions herein shall be llladc 111 writing or executed in the
saIne lnanner as this original docmllent and shall after execution becOllle a part or this Contract.
In witness Whereof. the Parties hcreto do make and execute this Agreement.
CITY OF BOZEMAN, MONTANA
ENGINEER
~ ~~-1
(City Manager)
BY:
~&'~
/ L. ',.
, ..... -. ~,------
(President)
DATE: March 17, 2003
DATE: .___1i1R("c.iL'.2 ? 00,2
..I
ATTEST:
llY~./ ~
(Clerk of Conunissiou)
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