HomeMy WebLinkAbout98- MSE-HKM Professional Services Agreement
..
.
PROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made as of ,limp 1!)
CITY OF BOZEMAN, a Municipal Corporation, Bozeman,
(OWNER) and MSE-HKM, Ine, Bozeman, Montana, 59771-1090,
, 1998, between THE
Montana, 59771-0640
(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 repair, replace and maintain various portions of it's water
distribution infrastructure 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 perform the professional
engineering 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 A, Engineer's Status During
Construction, EXHIBIT B, a Listing of the Duties, Responsibilities and Limitations of Authority
of the Resident Project Representative, EXHIBIT C, a Detailed Scope of Services, EXHIBIT
D, a Summary of Anticipated Expense and EXHIBIT E, Material Testing Unit Costs are hereby
incorporated in and made part of this Agreement.
ARTICLE 1 : ENGINEERING SERVICES
1.1. The detailed description of the specitic project components is described as follows:
The CONS UL T ANT will complete the outlined scope of work required for the preparation
of plans, specifications, estimates of probable construction cost and bidding documents and construction
administration for the CITY OF BOZEMAN 1997 WATER REPLACEMENT PROJECTS. The
projects in which the aforementioned services are to be provided include:
WATER REPLACEMENT PROJECTS
APPROXIMATE
LENGTH --1.ID
1 South Wilson Ave. - Main St. to Koch St.
2 Curtiss St. - South Tracy Ave. to South Bhick Ave.
3 South Tracy Ave. - Olive St. to Story St.
4 South Black - Main St. to Olive St.
5 Peach St. - North 7th Ave. to approximately 60' east of North 6th Ave.
6 North 6th A ve. ~ Short St. to Peach St.
7 Front St. ~ Juniper St. to Broadway Ave.
8 North Montana Ave. - Peach St. to Tamarack St.
9 North Bozeman Ave. - Cottonwood St. To Tamarack St.
10 Tamarack St. - Wallnce Ave. to Blnck Ave.
TOT AL WATER LINE REPLACEMENTS
1470
400
1240
730
450
350
2100
1125
775
1940
10,580
The 1997 replacement project shall include two (2) basic parts. The tirst part shall consist of the
preparation of documents necessary for the design and preparation of drawings, specifications and
bidding documents. The second part slHill consist of project bidding nnd construction
administration. The specitic details are detniled within EXHIBIT ~C".
of
.
1.1.
The scope of services under this contract are set forth in this agreement and the attached EXHIBITS.
ARTICLE ~ = 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
complete 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 information as may have a bearing on the work from local units of
government, public, and private organizations and shall be authorized to procurtl information 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. The ENGINEER shall name a Principal-In-Charge for the duration of the project. The Principal-In-Charge shall
be Karen B. Fagg, President.
2.6. The ENGINEER shall name a Project Manager who shall he the liaison between the ENGINEER and the
OWNER. The Project Manager shall be Clint o. Litle, P.E.. The OWNER may name a Task Director who would be
the liaison between the ENGINEER and the OWNER during thtl design segment of the Project.
2.7. The ENGINEER shall suhmit an estimated progress schedule at the beginning of the work, and monthly progress
reports thtlreafter until the project is completed.
ARTICLE ~ = 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 Projtlct. The Task Director designated shall be Rick Hixson, P. E..
3.2 The OWNER shall have the right of revitlw 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 The 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 ENGIN"EERING SERVICES
The ENGINEER shall render professional Engineering Services as follows:
4.1 PRE-DESIGN INVESTIGATION PHASE
After written authorization to proceed, ENGINEER shall:
4.1.1 Consult with OWNER to clarify and detintl OWNER's requirements for the Project and review availahle
data.
4.1.2 Advise OWNER as to the necessity of OWNER's providing or obtaining from others, d;ita or services
and assist OWNER in obtaining such d;{ta or services.
4.1.3 Identify and analyze requirements of governmental authorities having jurisdiction to approve the design
of the Project and participate in consultations with such authorities.
4.1.4. Provide analyses of OWNER's needs, planning surveys, site evaluations and comparative studies of
prospective sites and solutions.
4.1.5. Provide a general economic analysis of OWNER's requirements applicable to various alternatives.
1.1.6 Assist iR f(~rmati8n of SpeeiaI Imrrovem0nt Districts (SID) by pfl:1paring distri~t boundury dcscriptioR:;
aREl 1Bars, rreparing a propsrt:,' 8wner's aRa asseSSIBents r813 lists including proj~ct asseGGment cod/; based on the
preliminury llfejeet eest astimates, and providing teehaieal informatisB. at SID fHlblie flemings, if npplienbl<J.
4.1.7. Prepare a Report containing schematic layouts, sketches and conceptual design criteria with appropriate
exhibits to indicate clearly the considerations involved (including applicable requirements of governmental authorities
havingjurisdiction as aforesaid) and the alternative solutions available to OWNER and setting forth ENGINEER's findings
and recommendations. This Report will be accompanied by ENGINEER's opinion of probable costs for the Project,
including the following which will be separately itemized: Construction Cost, allowance for engineering costs and
contingencies, and (on the basis of information 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 compensation tor or damages to properties,
for interest and financing charges and for other services to be provided by others tor OWNER. The total of all such
costs, allowance, etc. are hereinafter called "Total Project Costs".
4.1.8. Furnish 4 copies of the Study ~tnd Report documents and review them in person with OWNER.
The Pre-design Investigation Phase will be completed and submitted within 15 calendar days following written
authorization from OWNER to ENGINEER to proceed with that phase of services.
4.2 PRELIMINARY DESIGN PHASE
After acceptance of the Pre-design report and receipt of written authoriwtion to proceed with the Preliminary Design
Phase, ENGINEER shall:
4.2. I. 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 specitlcations and
a written description for the Project.
4.2.3. Preliminary Design Report: Specitlc 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.
4.2.3.2. Plans for providing water and sewer services for affected properties during construction.
4.2.3.3. Summary Geotechnical report for specific tasks, if needed.
4.2.3.4. Special design considerations for Project tasks with conditions not covered in standard construction
methods or specitications.
4.2.3.5. A traftic control plan tor each project task, if necessHry.
4.2.4. Design and Construction Survey: The ENGINEER shaH conduct a design tield survey of the project
areas, as necessary, for locating existing utilities (such as gas, power, telephone, TV cahles, water and sewer lines,
irrigation facilities, fences, and approach drivewHYs), existing right-of-way and easements, and making measured drawings
of or investigating conditions of existing facilities. The ENGINEER shall provide suitable horizontal and verticHl
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 easeluent 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.
4.2.6. Geotechnical Explorations and Analysis; The ENGINEER shaIl conduct such Geotechnicltl explorations
and analysis as necessary for project design and bidding. A Geotechnical report will be prepared with recommendations
relating to conditions pertinent to the design and construction of the Project. Subsurface information will be obtained by
reviewing any existing Geotechnical data available and using additional backhoe test pits and soil borings as necessary.
The ENGINEER shall furnish copies of a Geotechnical report as requested to OWNER for use by OWNER and
Contractors, and review the results of the report with Contractors in a Pre-bid meeting. The report is to be prepared for
design purposes; ENGINEER will not be responsible if it is used by others for other purposes.
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 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 fimtncial 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 ,md incorporated into
the final plans and specitications.
The Preliminary Design Phase will be completed and submitted within 45 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 tinal drawings and Technical Specitications 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 the Project or Construction Costs. Furnish to
OWNER a revised opinion of probable Total Project Costs based on the Drawings and Specitications.
4.3.3. Prepare for review and approval by OWNER, its legal counsel and other ad visors, contract agreement
forms, general conditions and supplementary conditions, and (where appropriate) bid forms, invitations to bid and
instructions to bidders, special provi~ions, technical specitications, and standHrd drHwings, and other related contract
documents in conformance with the latest edition of the Montana Public Works Standard Specitications (MPWSS) and
City of Bozeman Moditications to MPWSS adopted by the City of Bozeman.
4.3.4. Furnish OWNER six copies of the Contract Documents (including design drawings, specitications and
contracts).
The Final Phase will be complete and submitted within 30 c,tlenJar 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 propos.tls 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 interpretationor claritication 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 concerning 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, specitications 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 represenMive 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 ltnd limitations of the authority, duties, and responsibilities of the
ENGINEER on the construction job site as assigned here-in shall not he 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 hehalf 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. I 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 schedultJs and operations, and the Contractors' traftic 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 THsk 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 specitications all shop
drawings, and other Contractor submittals required by the Contract Documents.
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 specitication changes which due to any initial
design or engineering deticiencies 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
Certiticate of Substantial Completion to the Contractor.
4.5.1.12 Prior to recommending final payment, schedule and conduct with the OWNER a tinal project
inspection and submit a report to the OWNER documenting any outstanding items or deticiencies 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
specitications and is performing 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 deticiencies exist and
if the project is performing in accordance with the design concept.
4.5.2. Resident Proiect Representative. ENGINEER shall provide a qualitied Resident Project Representative
at the job site to provide observation of the work as provided in EXHIBIT B - A LISTING OF TIIE DUTIES,
RESPONSIBILITIES AND LTh1ITATIONS OF AUTHORITY OF TIIE 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.
4.6. PROJECT DOCUMENTATION
ENGINEER shall furnish OWNER with (a) one mylar copy, tttffi two paper copies and one digital copy of the Project
Record Drawings (" As-Builts"), (b) written monthly progress reports (c) a project notebook containing such
correspondence and documentation as requested by OWNER}ncluding inspector's daily log, and (d) ,i signed copy of the
city's Certiticate of Completion and Acceptance form.
4.7. CONSTRUCTION TESTING
The inspection services shall include material testing and veritic<ttion of contract compliance with job site requirements,
plans and specitications.
The ENGINEER shall provide and maintain detailed doc\lment<ttion of the following material testing:
1) Concrete strength, air content and slump
2) Embankment, trench backtill, and gr<tvel and pavement densities
3) Aggregate gradations
4) Plant mix strength, tlow and asphalt content
.
ARTICLE ~ : ADDITIONAL SERVICES
5.1. If OWNER wishes ENGINEER to perform any of the following Additional Services, OWNER shall so instruct
ENGINEER in writing, and ENGINEER shall perform or obtain from others such services and will be paid therefor as
provided in the Agreement:
5.1.1. Legal land surveys performed 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 environmental studies and related services; and assistance in
obtaining environmental approvals.
5.1.3. Services resulting from signiticant changes in the general scope, extent or character of the Project or
major changes in documentation previously accepted by OWNER where changes are due to causes beyond ENGINEER's
control.
5.1.4. 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 described.
5.1. 7. Furnishing the services of independent professional associates or consultants for other than Basic
Services.
5.2. When required by the Contract Documents in circumstances beyond 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 he paid therefor as provided in this
Agreement:
5.2.1. Services in connection with work directive changes and change orders to ret1ect 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 Specitications occasioned by the OWNER'S acceptance
of substitutions proposed by Contractor(s); services after the award of eHch contrHct in evaluating and determining the
acceptability of an unreasonable or excessive 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 signiticant delays, changes or price increases occurring as a direct result of
matt:rials, equipment or energy shortages.
5.2.4. Additional or extended services during construction made necessary by (1) work dHmage by fire or other
causes during construction, (2) a significant ,tmount of defective or neglected work of any Contractor, (3) acceleration
of the progress schedule involving services beyond normal working hours, (4) default by any Contractor.
ARTICLE ~ : COMPENSATION FOR ENGINEERING SERVICE
6.1 LUMP SUM PAYMENT FOR DESIGN SERVICES AND EXPENSES OF ENGINEER
6.1.1 Lump Sum Payment. The OWNER shall for design phase services performed as Basic Engineering
Services under sections 4.1 through 4.4 of this agreemellt pay a lump sum III the allloullt of $66.370.00 t"r su<.:h
services.
6.1.2 Payment Schedul~. Total cumulative payments for the design phase engineering services (sections 4.1
through 4.4) shall not exceed the following ceilings:
$6,637.00 (10 % of design fee) until the Pre-dtlsign Investigation and Preliminary Design Report have been
submitted to the OWNER.
$33,185.00 (50% of design fee) until the Preliminary Plans and Specitications have betln submitted to the
OWNER and rtlvitlw authorities.
$59,733.00 (90% of design fee) until the Final Plans and Specifications have been submitted to the OWNER
and revitlw authorities.
6.1.3 General. Engineer shall suhmit 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 Paymtlnts based on completion of tasks or specific retainage requirements pursuant to the payment
provisions of the Agreement.
6.1.4 Reimbursable EXpenses. Only those expenses specifically identified for payment under section 6.2 of
this Agreement are reimbursable. All other design related expenses are included in the Lump Sum Payment for the Basic
services (4.1 through 4.4) and are not separately reimbursable. Additional Services specifically identified under the scope
of design services for payment under 6.1 are not separately reimbursable.
6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER.
Construction and project documentation services performed as Basic Engineering Services under sections 4.5 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:
6.2.1 The OWNER shall pay for Construction Phase and Project Documentation Services an amount not to
exceed $92,360.00 except as provided under 6.2.1.2 and 6.2.4.
6.2.1.1 Costs Compensation. Compensation for these services shall be based on the ENGINEER's
Direct Lahor Cost times a factor of 2.85 for services rendered which shall cover Direct Lahor, Direct Labor Overhead,
General & Administrative Overhead and Profit.
6.2.1.2 Notitication. 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
comptlnsation for these services, and prior to performing services in exctlss of the contract ceiling, the ENGINEER shall
give OWNER written notice thertlof. 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 heing
incurred under paragraph 6.2.1.3. If it is determined that due to a change in project scope under paragraph 5.2.1, the
ENGINEER is entitled to additional compensation, OWNER and ENGINEER may negotiate terms as provided under
6.2.1.1. The amount and terms of any additional compensation under 6.2.1.1 or 6.2.1.3 shall be negotiated (Hld agreed
in writing pursuant to 9.16.
6.2.1.3 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, thtl OWNER shall pay only for the dir~ct costs incurr~d in ~xc~ss of the ~stitnated compensation. These
costs consist of an amount ~qual to the ENGINEER'S Direct Labor Cost times a factor of 2.65 for services rendered
which shall includ~ Dir~ct Labor, th~ federally audited payroll Direct Labor Overh~ad, and Gen~ral & Administrative
Overhead costs, but shall not include any allowance for profit.
6.2.2. Reimbursable Expenses, as deflIled in section 7.4 of this Agreement for Basic S~rvic~s and Approved
Additional Services shall be paid to the ENGINEER by the OWNER in the actual aIllount of the costs incurred up to an
amount not to exceed $1,500.00 which includes $500.00 for consultants employed hy the Engineer and $ 1,000 for all
other reimbursable expenses. The estimated r~ill1bursable expenses are identitieJ in Exhibit "0".
6.2.3. Failed Test Expens~s. Th~ ENGINEER shall maintain and provide to the OWNER, a record of the
costs associated with failing quality control t~sts p~rfortned for the OWNER during the course of the construction of th~
project and r~coll1mend an (tmount the OWNER deduct from the contractor(s) payments.
6.2.4. The OWNER shall pay an amount for Additional Services rendered by the ENGINEER and approved
in writing by the OWNER on the basis of the ENGINEER'5 Direct Labor Costs times a factor of 2.85, or an amount
otherwise negotiated at the time such services are requested and approved by the OWNER.
ARTICLE 1 :: MEANING OF TERMS
7.1 AGREEMENT
As used herein the term "this Agreement" refers to the contents of this document and its Exhibits 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 ref~rred to as "Construction Cost") means the total cost to OWNER
of those portions of the entire Project designed and specifled by ENGINEER, hut it will not include ENGINEER's
compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, properties unless this
Agreement so specifies, nor will it include OWNER's legal, accounting, insurance counseling or auditing services, 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 Lahor 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, engineers, architects, surveyors, designers, drafters,
specification writers, estimators, other technical and business personntJ\; but does not include indirect payroll related costs
or fringe henefits. For the purposes of this Agreement the principals and employees of the ENGINEER maximum billable
Direct Labor Costs are:
Principals
Project Manag~r
Senior Engineer
Staff Engineer
Senior Technicians
CADD Drafter
T~chnicians
Constnlction Inspector
Two Person Surv~y Crew
Clerical
$40.00/hollr
$25.00 Ihour
$25.00 Ihour
$lti.OO Ihour
$J8.00/hour
$18.00/hour
$12.00/hour
$18.00/hollr
$30.00/hour
$10_00/hour
7.4 REIMBURSABLE EXPENSES
Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's independent professional
associates or consultants directly in connection with the Project, such as expenses for: transportation and subsistence
incidentrtl 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, Speciflcations,
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 Services is on the basis of Direct 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 incurred for computer time and other specialized equipment, including an appropril1.te charge fl)r previously
established programs and expenses of photographic production techniques.
ARTICLE 8. :: PAYMENT PROVISIONS
8.1 TIl\1ES OF PA Yl\1ENTS. 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. Finl1.l p:tyment shall be made only after acceptance of the project by the OWNER. If OWNER
displltes the amount of the billing, OWNER will notify the ENGINEER in writing within ten (10) calendar days of the
receipt of bill of the dispute.
8.2 REQUESTS FOR PA Yl\1ENT. 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 TERMlNATION. In the event of termination 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 termination by OWNER during any phase of the Basic
Services, ENGINEER also will be reimbursed for the charges of Pre-approved independent professional aswciates and
consultants employed by ENGINEER to render Basic Services, and paid fllr services rendered during that phase on the
basis of the payment provisions of the Agreement. In the event of any such termination, ENGINEER will be paid for
unpaid Pre-approved Additional Services and unpaid Reimbursable Expenses which are authorized under this agreement.
ARTICLE 2 : GENERAL CONSIDERATIONS
9.1 TERMINATION OF AGREEl\1ENT
9.1. I The sole right is hereby reserved to the OWNER to terminate this Engineering Agreement for any and
all causes or for its convenience at any time upon fifteen (15) days written notice to the ENGINEER.
9.1.2 If termination for default is effected by the OWNER. ~tn equitable adjustment in the price provided for
in this Agreement shall be made, but (I) no amount shall be allowed for anticipated protlt on unperformed services or
other work, and (2) any payment due to the ENGINEER at the time of termination may be adjusted to cover any
additional costs to the OWNER because of the ENGINEER's default. If termination fl)r convenience is effected by the
OWNER, the equitable adjustment shall include a reasonable profit, as determined by OWNER, for services or other work
performed. The equitable adjustment for any termination shall provide for payment to the ENGINEER for services
rendered and expenses incurred prior to the termimttioll, in addition to termination settlement costs reasonably incurred
by the ENGINEER relating to commitments which had become firm prior to the termination.
9.1.3 Upon receipt of a termination action under paragraph 9.1.2, the ENGINEER shall (I) promptly
discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the
OWNER within ten (10) days copies of all data, design drawings, specifications, reports, estimates, summaries and such
other information and materials as may have been accumulated by the ENGINEER in performing this Agreement, whether
completed or in process.
9.1.4 In the event this Contract is terminated prior to completion, the original copies of the ENGINEER'S
data, recommendations, plans, specifications, analysis and other relnted docnments prepared by the ENGINEER prior to
said termination shall be delivered to and becollle the property of the OWNER.
9.1.5 Upon termination, 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 terminate is in addition to any other remedies OWNER may have under the law.
9.2 INSPECTION AND AUDIT. All books, papers, records, payrolls, vouchers and invoices relating to costs and
expenditures incurred as to the performance of the services by the ENGINEER hereunder shall be made available to the
OWNER, or their authorized representati ves for audit and review. at the ENGINEER '5 respective offices at all reasonable
times during the contract period and for three years from the date of timtl payment.
9.3 EMPLOYl\lENT. The ENGINEER warrants that he has not employed or retained any company or persons,
other than a bona fide 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 hona fide 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 Contntct without li~tbility or in its discretion to deduct from the price or consideration or otherwise recover the full
amount of such fee, commission, percent~\ge, brokerage fee, gift or contingent fee.
All employees of the ENGINEER or other persons whik 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 NONDISCRIMINATION. The ENGINEER will not discriminate on the basis of raCtl, color, religion, cretld,
political idtlas, sex, agtl, marital status, tUitional origin or disability in tlmploymtlnt or provision of stlrvictls. The
ENGINEER shall be subject to and comply with Titk VI of thtl Civil Rights Act of 1964: Section 140, Title 2, United
States Code, and all regulations promulgated thtlrtlundn.
9.5 SUBLETTING OR ASSIGNING OF WORK. The ENGINEER shall not sublet or assign any uf the wurk
covered herein without prior written approval of the OWNER.
9.6 STANDARD OF CARE. The ENGINEER warrants that it will provide its services in accordance with the
standards of care, skill, knowledge, and diligence normally exercised by a professional engineer in the performance of
such engineering services. If any such service should be discovered to be not in conformance with this standard, the
ENGINEER shall, at the OWNER'S request, re-perform 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 thtl initial
nonperformance or the re-performance of stlrvictls. The OWNER's rights herein are in addition to any other remtlditls
the OWNER may have under the law.
9.7 LEGAL RELATIONS. The ENGINEER shall comply with all Federal, State, and Local laws and ordinances
applicable to the work to be done.
The ENGINEER agrees to indemnify, hold harmless and defend the OWNER and its officers, agents and employees
against any and all actions, suits, claims, demands, costs, judgements, expenses (including a reasonable attorney's fee),
and liability of any character whatsoever brought or asserted for any injury, death, or damage received or sustained by
any person, persons, property, business or any other entity, arising out of or resulting from, or in connection with the
performance of the work herein specified. The ENGINEER is not required to defend the OWNER from assertions that
the OWNER was ntlgligtlnt, or indemnify the OWNER from liability based solely on OWNER's negligence. The
indemnity required here shall not be limited by reason of the specitication of any particular insurance coverage in this
Agreement.
The ENGINEER is and shall ptlrform 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 lwrein specitied, <lnd to the extent that the work shall he done
in accordance with the terms, plans and specitications. The ENGINEER shall have and maintain complete control over
all of its employees, subcontractors, agents and operations, being responsible for any required payroll deductions and
providing required henefits, 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 certificate 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 maintain, until the work is
completed and accepted by the OWNER, insurance coverage naming the OWNER as additional insured with minimum
insurance coverage as follows:
Tvpe 21" Coverage
Limits
Employers' Liahility:
~ 100,000 per accident
General Liability:
Bodily Iniury .& Propertv
Damage Single and combined
~ 1,000,000 per accident
Automobile:
Bodily Iniury covering all ~ 500,000 each person
automobiles, trucks,
tractors, trailers, or $1,000,000 tlach occurrence
other automotive equipment whether owned or
rented by Engineer or
owned by employees of
Engiueer.
Property Damage covering
all automobiles, trucks,
tractors, trailers or other
automotive equipment whether
owned or rented by Engineer
or owned by employees of
Engineer
i 500,000 each occurrence
OR
Bodily Iniury ~ Property
Damage Single and combined
i 500,000 each occurrence
Professional Errors ~ Omission:
i 1,000,000 per claim and
aggregate each occurrence
9.9 ENDORSEMENT. The ENGINEER shall place his endorsement on all drawings and other data furnished by
him.
9.10 OWNERSIllP OF DO(.lJMENTS. All schedules, data, exhibits, recommendations, design reports, plans,
specifications, and other related documents prepared or obtained under the terms of the Contract are deemed to be the
property of the OWNER and shall be delivered to the OWNER.
9.11 PUBLIC lNFORl\1ATION. The ENGINEER sh,tll not issue any statements, rele,tses or information 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 ,wcruing 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 lIlanufw;ture, 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.
9.13 RECORDS. The ENGINEER shall maintain ,tccounting records and other evidence pertaining to the cost incurred
and to make the records available at all reasonable times during the Contract term and for one (1) 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 ATIORNEY'SFEES AND COSTS. That in the event it becomes necessary for either Party of this Contract to
retain an attorney to enforce any of the terms or conditions of this Contract or to give any notice required 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 MODIFlCATIONS AND AMENDMENTS. That any amendment or modification of this Contract or any
provisions herein shall be m,tde in writing or executed in the same manner as this original document and shall after
execution become a part of this Contract.
IN WITNESS WHEREOF, THE PARTIES HERETO DO MAKE AND EXECUTE THIS
AGREEMENT.
CITY OF BOZEMAN, MONTANA
BY: -t- J.- -
(City Manager)
DATE:
June 15, 1998
ATTEST:
BY:@ ;I ~~
(Clerk of Commission)
BY:
ENGINEER
BY:~ '0 ~(ftf-
(PresIdent) ... '
DATE: '(- / 1- <t/r
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
,1998, between CITY OF BOZEMAN (OWNER) and (ENGINEER) providing for
professional engineering services.
ARTICLE 10 = ENGINEER'S STATUS DURING CONSTRUCTION
10.1. OWNERS'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 he required to make l:lxhaustive 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 qualitied design professional, ENGINEER will keep OWNER informed of the progress
of the Work and will endeavor to guard OWNER against defects and deticiencies 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 EXffiBIT I!... A LISTING OF THE DImES.
RESPONsmILITIES AND LIMITATIONS OF AUTIIORITY OF THE RESIDENT PROJECT
REPRESENT A TIVE.
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 froIIl the overall intent of the Contract Documents. If CONTRACTOR believes
that a written chtrification or interpretationjustifies an increase in thl:l Contract Price or an extension of the Contract Time
and the parties are unable to agree to the amount or extent thereof, CONTRACTOR IIlay 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 Timl:l and thl:l partil:ls are unable to agree as to the amount or l:lxtent
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. I. 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 thl:l construction Contract Document.
10.8. DETERMINATIONS FOR UNIT PRICES
ENGINEER will determine the actual quantities and tlassitications of Unit Price Work performed by CONTRACTOR.
ENGINEER will review with CONTRACTOR the ENGINEER's prtlliminary lktenninations 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
10.9.1. ENGINEER will bl:l 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 thl:l requirements of the Contract Documents pl:lrtaining 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 rl:lferred 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 interprl:ltation 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 pret.:edent to any exercise by OWNER or CONTRACTOR
of such rights or remedies as either may otht.lrwise have under the Contract Documtlnts or by Laws or Regulations in
respect of any such claim, dispnte or othtlr matter.
10.10.
LIMITA TIONS ON ENGINEER'S RESPONSIBILITIES
10.10.1. Neither ENGINEER's authority to act under this Article or elsewhert:l in the Contract
Documents nor any decision made by ENGINEER in good faith either to exercist:l 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 adjecti yes 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.
EXHIBIT 12
TO AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES
A LISTING OF THE DUTIES, RESPONSmILITIES AND
LIMITATIONS OF AUTHORITY OF TIIE RESIDENT PROJECT
REPRESENTATIVE.
This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on
,1998, between CITY OF BOZEMAN (OWNER) and (ENGINEER) providing
for professional engineering services.
ARTICLE 11: DUTIES. RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF
THE RESIDENT PROJECT REPRESENT A TIVE
ENGINEER shall furnish a Resident Project Representative (RPR), assistants and other tield staff to assist ENGINEER
in observing performance of the work of Contractor.
Through more extensive on-site observations of the work in progress and tield checks of materials and equipment by the
RPR and assistants, ENGINEER shall endeavor to provide further protection for OWNER against defects and deticiencies
in the work of CONTRACTOR; but, the furnishing of such services will not make ENGINEER responsible tor 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 8.5 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 (m-site work shall in general be
with ENGINEER and CONTRACTOR keeping OWNER advised as necessary. RPR's dealings with subcontractors slwll
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
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 ,md 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, Reiection of Defective Work, Inspections and Tests:
11.2.5 .1. Conduct (JO-site observations of the Work in progress to Hssist 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 Hpproval.
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 the CONTRACTOR maintains HdequHte records thereof; and
observe, record and report to ENGINEER appropriate dtltails relativtl to the test procedures and startup.
11.2.5.4. Accompany visiting inspectors representing public or other agencies having jurisdiction over
the Project, rtlcon! the results of thestl inspections and report to ENGINEER.
11.2.6. Internretation of Contract Documents: Report to ENGINEER when clari ficHtions Hnd interpretations
of the Contract Documents are needed and transmit to CONTRACTOR claritications and interpretations as issued by
ENGINEER.
11.2.7. Moditications: Consider and evaluate CONTRACTOR's suggestions for moditications in Drawings
or Specitications and report with RPR's recommendations to ENGINEER. Transmit to CONTRACTOR decisions as
issued by ENGINEER.
11.2.8. Records:
11.2.8. I. Maintain at the job site orderly tiles for corrtlspondence, reports of job conterences, Shop
Drawings and samples, reproductions of original Contract Documents including all Work Diredi ve Changes, Addenda,
Change Orders, Field Ordtlrs, additional Drawings issued subsequent to the execution of the Contract, ENGINEER's
clarifications and interpretations of the Contract Docnmtlnts, progress reports, and other Projtlct related doculTlents.
11.2.8.2. Keep a ddaikd and accurate diary or log book, recording CONTRACTOR hours on the job
sittl, weathtlr conditions, prime ,tnd subcontractor daily work force, daily log of equipment on site 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 gtlntlral, and specitic ohservations in mortl detail as in the case of observing test
procedurtls; and send copies to ENGINEER.
11.2.8.3. Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and
m,~or suppliers of materials and equipment.
11.2.9. Reports:
11.2.9.1. Furnish ENGINEER ptlriodic rtlports as rtlquirtld of progrtlss of thtl 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 advam:tI of schtlduled major ttlsts, insptlctions or start of
important phases of the Work.
11.2.9.3. Draft proposed Changtl Orders and Work Directive Changtls, obtaining backup mattlrial from
CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes, and Fidd Orders.
11.2.9.4. Report immediately to ENGINEER and OWNER upon the occurrence of any accidtlnt.
11.2.10. Payment Requests: Revitlw applications for payment with CONTRACTOR for complianctI
with the established procedure for their suhmission and forward with recommendations to ENGINEER, noting particularly
the relationship of the payment requested to the schtldule of values, Work completed and materials and equipment
ddivered at the site but not incorporated in the Work.
11.2.11. Certificates, Maintenance and Oneration Manuals: During the course of the Work, verify that
certiticates, 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 tinal payment for the Work.
11.2.12.
Completion:
11.2.12.1. Suhmit to CONTRACTOR, and ENGINEER a list of ohserved items requiring completion
or correction before ENGINEER may issue a Certiticate of Substantial Completion.
11.2.12.2 Assess completion or correction of items noted under 11.2.12. I, advise ENGINEER on
their status, and make recommendation to Engineer regarding issuance of a CertitiCHte of SubstHntial completion.
11.2.12.3. Conduct tinal inspection in the company of ENGINEER, OWNER, and CONTRACTOR
and prepare a tinallist of items to be completed or corrected.
11.2.12.4. Observe that all items on tinal list have been completed or corrected and make
recommendations to ENGINEER concerning final acceptanctl.
11.3. LIMITATIONS OF AUTHORITY
Resident Project Representative:
11.3.1. Shall not authorize any deviation from tho:: Contract Documo::nts or substitution of mato::rials or o::quipments,
unless authorized by ENGINEER.
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 thtl rtlspolisibilititls of CONTRACTOR, subcontractors or CONTRACTOR's
suptlrintendent.
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 advictl or directions artl sptlcitically requirtld by t1w
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 Projtlct in whole or in part.
11.3.8. Shall not participate in sptlcializtld tield or laboratory ttlsts or inspections conducted by others except as
specifically authorized by ENGINEER.
EXHIBIT C
TO AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES
A DETAILED SCOPE OF SERVICES.
This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on
, 1998, between CITY OF BOZEMAN (OWNER) and (ENGINEER) providing
for professional engineering services.
1.1 Water Replacement Projects
The CONSULT ANT will complete the outlined scope of work required for the prepHration of plans,
specifications, estimates of probable construction cost and bidding documents and construction
administration for the CITY OF BOZEMAN 1997 WATER REPLACEMENT PROJECTS. The
projects in which the aforementioned services are to be provided include:
WATER REPLACEMENT PROJECTS
APPROXIMATE
LENGTH ----L!ll
I South Wilson Ave. - Main St. to Koch St.
2 Curtiss St. - South Tracy Ave. to South Black Ave.
3 South Tracy Ave. - Olive St. to Story St.
4 South Black - Main St. to Olive St.
5 Peach St. - North 7th Ave. to approximately 60' east of North 6'h Ave.
6 North 6th Ave. - Short St. to Peach St.
7 Front St. - Juniper St. to Broadway Ave.
8 North Montana Ave. - Peach St. to Tamarack St.
9 North Bozeman Ave. - Cottonwood St. To Tamarack St.
10 Tamarack St. - Wallace Ave. to Black Ave.
1470
400
1240
730
450
350
2100
1125
775
1940
TOT AL WATER LINE REPLACEMENTS
10,580
The 1997 replacement project shall include two (2) lmsic parts. The tirst plirt shall consist of the
preparation of documents necessary for the design and preparation of drawings, specitications and
bidding documents (Tasks A I through A3). The second part shall consist of project bidding and
construction administration (Tasks A4 and AS). The specitic details are detailed herein.
1.1.1 TASK Al .: Preliminary Investil!ations: Sub-tHsks HssociHted with preliminHry investigations
shall include the following;
Task A I-I Ohtain Relative Documents: Meet with personnel from the City Engineering and
Maintenance Departments to discuss aspects of the project, request information needed to
complete the project, and discuss the approach to the project. Review information received
from the City and determine if additional information is required.
Task A 1-2 Field Surveys: Will be made of the topography, the location and depth of the existing
water mains; the location of existing utilities in the project area (gas, power, telephone, and
cabk T. Y.); the location of wakr and sewer services; and the topogr(tphy and cross-sectioning
of the existing streets and alleys.
Task A 1-3 Drilling Request: Prepare a plan for dri lling and a drilling request for the Geotechnical
investigation.
Task A 1-4 Geotechnical Investigation: Supervise drilling for Geotechnical investigation and
complete materials testing for the samples taken.
Task A 1-5 Geotechnical Renort: Utilize drilling information to develop recommendations for the
design and construction of the replacement water and sewer lines.
1.1.2 TASK A2 : Preliminary Design: The CONSULT ANT shall complete the preliminary design
and prepare detailed Construction Drawings and Specifications for the replacement of the water
mains previously detined. The CONSULT ANT shall utilize the "Montana Publi<: Works Standard
Spe<:iti<:Htions (MPWSS), Third Edition, 1988 and Special Provisions" adopted by the CITY, and
the "City of Bozeman Moditications to MPWSS to the extent possible. Speciti<: sub-tasks will
include:
Task A2-1 : Hydraulic Analysis: Analyze the hydraulic requirements for water lines ltnd sewer
lines scheduled for replacement. Recommendations for larger line sims than existing will be
made ifjustitied.
Task A2-2 Prepare Preliminary P&P Drawinl.:s: Reduce survey data to develop preliminary plan
and protile drawings.
Task A2-3 Permits: The CONSULTANT shall obtain approved permits, li<:enses, or agreements
from the Montana Highway Department and any other agencies requiring similar Hpprovals
prior to bidding. The CONSULT ANT shall assist the Contmctor in obtaining a Storm Water
DischHrge Permit Hml oversee the Contra<:tor's necessary Disinfection WHter Permits and
Construction Dewatering Permits.
THsk A2-4 Rights-of-WHY: The CONSULT ANT shall review the existing right-of-way relating to
the project area. If there are services required for ~tcquisition, the additional cost is to be
addressed under Article Q of this contract
Tn::\: .'\2 5 StfICet Re:;ufflle~ Plnn: R",','i",w th", nsphnlt nnd gfH\'el thiIC!uw:::;e:; from th", G",ot",chnicnl
n':port nno recommended ncpln<;;lClHlCnt ..:trl:ll:lt .;I:ll:ltion:;.
Task A2-6 Prepare Preliminary Trame Plan: Review the construction areas and traftic patterns and
develop a preliminary traffic control plan for each construction zone. Review preliminary
traftic control plan with appropriate CITY staff.
Task A2-7 Prenare Quantity Takeoff and Cost Estimates: After the preliminary plan and profile
drawings are developed, a quantity takeoff will be performed and a preliminary cOst estimate
prepared.
Task A2-8 Q-C Review: Perti)fln an in-house quality control review of preliminary design.
Task A2-9 CITY Review: The CONSULT ANT will schedule and attend review meetings with the
City Engineering Department and/or with the Public Works Department. The purpose of these
meetings will be to discuss the progress and review work completed up to that tilllt~.
Upon compl~tion of th~ Drawings and Sp~ci tic;ttions, th~ CONSULT ANT will pr~par~ three
(3) cOlIlplete sets of bidding doculIlents. These docum~nts will be delivered to the CITY for
review. After the CITY'S review of the Drawings and Specifications, a plan-in-hand will be
conducted for the selected Project(s). Representatives from the CITY and the CONSULTANT
will discuss the complete set of Drawings and Specifications. Pertinent changes recommended
hy the CITY will be made and the Drawings tinalized following the meeting.
The CONS UL T ANT shall state in writing with the submission of the final Plans that to the best
of his knowledge the plans are in conformance with applicable sections of Title 69, Chapter 4,
Part 5, Montana Code Annotated.
Task A2-1Q Review with Utility Companies; Submit preliminary drawings to utility companies for
review. Upon receipt of review comments from the utility companies, incorporate comments on
the design drawings.
1.1.3 TASK A3 : Final Design; Three (3) sets of tinal Drawings, Specitications, and Bidding
Documents will he delivered to the CITY for approval. Following approval and to accommodate
advertising the project for bid, the CONSULT ANT shall provide copies of the approved Drawings
and Specifications for distribution to any Contractor expressing interest in the project. The
CONSULT ANT may charge the Contractor a fell to be determined by the CONSULT ANT to cover
the cost of printing, m;tiling and handling the distribution of the Drawings and Specitications.
Task AJ-I Prenare Final Construction Plans; Finalize construction plans including incorporation of
all CITY, utility company and Q-C review comments.
Task AJ-2 Prepare Final Traffic Plan: Incorporate comments from the CITY and develop detailed
traffic control plan. Prepare detailed drawings showing all anticip,tted traftlc control.
Task A3-3 Prepare Construction Specitications: Develop construction specitications based upon the
Montana Public Works (MPW) Standard Specitications Hnd the CITY of Bozeman Stilndard
Moditications to the MPW Standard specitications.
The project will be divided into two contract units for bidding and construction. The water
project will be divided into the following contract units;
Contract Unit iLl;
Water Projects 1, 2, 3, 4, 5, 6, and 7
Contract Unit #2:
Wakr Projects 8,9, and 10
Task A3-4 ~ Review; Perform an in-house quality control review of the plans and
specifications.
Task AJ-5 Detailed Cost Estimate: Update the qlwntities from the preliminary cost estimate hased
upon the final design drawings aud prepare a final cost estimate.
Task AJ-6 Ohtain Approvals (CITY/State); Submit the final construction drawings and
specitications to the CITY and the Montana Department of Health, W;tter Quality Division
(WQD) for revi~w Hnd approval. Eith~r r~spond in writing or incorporHte review comments
into th~ final design drawings and specitications.
1.1.4 TASK A4 : Project Bidding: Sub-tasks associated with project bidding shall include th~
tilllowing:
Task A4-1 Ohtain Approval 12 Bid: Obtain approval from the CITY and WQD to hid the project.
Task A4-2 Advertisement for Bid; Upon approval of the final Drawings, Specifications and
Bidding Documents, and upon authorization from the CITY, the CONSULT ANT will be
responsible for preparing all documents necessary for the advertisement of bids.
Task A4-3 Hold Prehid Meeting: Prior to receiving bids for the project, CONSULT ANT shall
conduct a prebid meeting with representatives from the CITY and potential bidders to discuss
comments and questions concerning the plans and specifications.
Task A4-4 Addenda: The CONSULT ANT will be responsible for preparing and mailing any
necessary Addenda to the Contractors prior to bidding.
Task A4-5 Bid Opening: On the date of the Bid Opening, the CONSULT ANT will assist the CITY
in reviewing the Contractor's Bid Documents.
Task A4-6 Bid Review and Recommendation: The CONSULTANT shall review the bids and the
qualifications and references of the low bidder(s) and make a recommendation to the CITY
regarding the contract award.
4.1.5 TASK A5 .: Contract Administration: Contract Administration will be di vided into the three
contract units previously described. Therefore, the tasks for contract administration will be
duplicated for each of the three contract units (Tasks A5.1, AS.2, and AS.3).
After award of the contracts, the Public Works Department will be responsible for project
coordination. The CONSULT ANT shall coordinate with and advise the Department for all
Construction Phase activities.
The CONSULT ANT will administer the Contracts and will determine if the Work is proceeding in
accordance with the Contract Documents. CONSULTANT will keep CITY informed of the
progress of the Work and provide full time Oil-site observation of the Contractor's work in order to
observe as an experienced and qllalitied design professional the progress that has been made and the
quality of the various aspects of the Contractor's work. CONSULT ANT wiJI not supervise, direct,
control or have authority over or be responsible tlJr Contractor's means, methods, techniques,
sequences, quality of construction, or procedures of construction, or the safety precautions and
programs incident thereto, or for any failure of the Contractor to comply with Laws and Regulation
applicable to the furnishing or perfonnance of the Work.
Task AS-l Contract Award and Notice !2 Proceed: CONSULT ANT shall prepare four (4) sets of
Construction Contracts f(Jr execution and shall bind all executed documents into sets of
Contract Documents after signing by both parties. The CONSULT ANT will issue the Notice
to Proceed to the successful Contractor(s) when so directed by the CITY.
Task A5-2 Preconstruction Meeting: CONSULTANT shnll conduct a preconstruction meeting with
representatives from the Contractor and the CITY.
Task AS-3 Preconstruction Inventory: CONSULT ANT shall perform a preconstruction inventory
by taking preconstruction photos and videos to document the preconstruction conditions of the
construction areas.
Task A5-4 Field Staking: The survey crews will set horizontl!! control points tiJr the Contractor at
intersections, valves, tees, hydrants nnd nt a maximum 200 tlJot sp,{cing between points along
the base line for the water line replacement. Vertical control will be provided at intervals not
to exceed 1000 feet.
Task A-5 Construction Inspection: The CONS UL T ANT will supply full-time Resident Project
Inspections and a part time testing technician tl)r each contract unit. The construction phase
services are estimated using the following HSSulllptions:
The replacement projects will be divided into two (2) individual contr,Kt units that will be bid
to allow construction by different contractors in different years.
Construction contract times assume one t'tlll time construction crew t<Jr each contract.
One full time inspector and a testing technician assigned 1/2 of the time t<Jr each contract unit.
The CONSULT ANT shall be responsible tl.lf aspects of the tield inspection. The aspects shall
include but not be limited to the following:
Making timely notitications regarding customer service interruptions, tramc disruptions, and
notitications to CITY personnel regarding existing system operations.
Insuring that the Contractor adheres to the approved traffic control plans.
Provide timely responses to project complHints.
Observe that the project areas are adequately and timely cleaned up during and after
construction by the Contractor.
Observe that all restoration is performed by the Contractor.
Task A5-6 Material Testing: Provide quality control testing including backtill compaction, concrete
testing, and asphalt testing.
The CONSULT ANT will process the periodic construction estimates and administer any
change orders which do not require additional engineering design or inspection.
The CONSULT ANT shall submit to the Task Director monthly reports containing the Progress
Estimate, an outline of the past month's progress and construction days used. These reports
shall be submitted to the CITY on forms approved by the CITY.
Task A5-7 Proiect Administration; Review shop drawings, sample submittals, equipment
submittals, asphaltic concrete mix designs, aggregate and other data submitted by the contractor
for compliance with drawings and specitications.
Task A5-8 Final Inspection & Closeout: Upon completion of the Project(s) the CONSULT ANT
will make a tinal review of the Project(s) to determine that the Project was constructed in
accordance with the Plans and Specitications. The CONSULT ANT will complete the city's
Certi ticate <)f Completion and Acceptance form and submit itto the CITY and to the State of
Montana based upon the best of the CONSULT ANTS knowledge, information and belief ,ind
based upon the extent of services performed and furnished under this agreement recommending
tinal payment be made to the Contractor(s).
Task A5-9 Record Drawings: The CONSULT ANT will prepare "Record Drawings", and deliver to
the CITY one (1) set of reproducible plans and two (2) sets of prints.
Task A5-1O Anniversary Inspection: CONSULTANT shall make a review of the Project(s) one year after substantial
completion to determine if the project was constructed in accordance with the Plans and Specitications.
EXHIBIT D
TO AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES
A SUMMARY OF ANTICIPATED EXPENSE
This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on
, 1998, between CITY OF BOZEMAN (OWNER) and (ENGINEER)
providing for professional engineering services.
1.1 Personnel and Equipment Charges
1.1.1 - Mileage: $0.315 I Mile
1.1.2 n Per diem: $26.00 I Day (Non-Bozeman Oftice Employees Only)
1.1.3 n Lodging: $40.00 I Day (Non-Bozeman Office Employees Only)
1.2 Material Testing Unit Pricing
1.2.1 - Material testing shall be per attached Exhibit E
.
EXHIBIT E
TO AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES
MATERIAL TESTING UNIT COSTS
This Exhibit Is attached to, made a part of and incorporated by reference with the Agreement
made on _' 19_, between CITY OF BOZEMAN (OWNER) and (ENGINEER) providing for
professional engineering services.
NATURAL MOISTURE CONTENT
UNIT WEIGHT AND MOISTURE CONTENT OF UNDISTURBED
SHELBY TUBE SAMPLES
A TTERBERG LIMITS
SPECIFIC GRAVITY
SIEVE ANALYSIS THROUGH THE 0.075 mm SIZE:
- ALL STANDARD SIEVES THROUGH #200 ( STANDARD SPLIT SPOON)
- ALL STANDARD SIEVES ( 1-lIZ' THROUGH #200) (33 LB..)
- ALL STANDARD SIEVES (Z' THROUGH #200) ( 44 LB.. )
- ALL STANDARD SIEVES ( 3" THROUGH #200 ) ( 130 LB.. )
- ALL STANDARD SIEVES ( 4" THROUGH #200 ) ( 330 LB.. )
. ALL STANDARD SIEVES ( 5" THROUGH #200 ) ( 660 LB.. )
. ALL STANDARD SIEVES (6" THROUGH #200 ) ( 1100 LB.. )
- HYDROMETER ANALYSIS THROUGH THE 0.005 mm SIZE. ADD
FIELD IN-PLACE DRY DENSITY AND MOISTURE CONTENT:
- SAND CONE METHOD
- NUCLEAR DENSOMETER METHOD
- NUCLEAR DENSOMETER RENTAL
MOISTURE. DENSITY RELATIONSHIPS:
- STANDARD PROCTOR ( METHOD "A" ) ASTM 0 698
- MODIFIED PROCTOR (METHOD "A") ASTM 0 1557
- STANDARD PROCTOR ( METHOD "B" OR "C" ) ASTM 0698
- MODIFIED PROCTOR ( METHOD "B" OR "C" ) ASTM 0 1557
- OVERSIZE CORRECTION (IF REQUIRED) ASTM 04718
<l..ABORATORYTESTINQQFAGGREGATES<
........[).ES.I~~t~I().N........
ASTM C 136
ASTM 0 4318
ASTM 0 854
ASTM 0422,01140
MODIFIED
ASTM C 117, C 136
( +#4 DRY AND
-#4 WASHED)
ASTM 0 422
ASTM 0 1556
ASTM 0 2922
ASTM 0 2922
SIEVE ANALYSIS THROUGH THE 4.75 mm SIZE (1-lIZ' THROUGH #4)
SIEVE ANALYSIS THROUGH THE 0.075 mm SIZE:
- ALL STANDARD SIEVES ( 3/8" THROUGH #200 ) ( 300 GRAM)
- ALL STANDARD SIEVES ( 3/4" THROUGH #2(0) ( 11 LB.. )
. ALL STANDARD SIEVES (1-112" THROUGH #200) (33 LB..)
- ALL STANDARD SIEVES ( 1-lIZ' THROUGH #200 ) ( 33 LB.. )
- ALL STANDARD SIEVES (2" THROUGH #200) (44 LB.. )
. ALL STANDARD SIEVES (3" THROUGH #200) (130 LB..)
- ALL STANDARD SIEVES (4" THROUGH #200) (330 LB..)
- ALL STANDARD SIEVES (5" THROUGH #200) (660 LB.. )
. ALL STANDARD SIEVES (6" THROUGH #200) ( 1100 LB.. )
- HYDROMETER ANALYSIS THROUGH THE 0.005 mm SIZE - ADD
ASTM C 117, C 136
ASTM C 117, C 136
ASTM C 117, C 136
MODIFIED
ASTM C 117, C 136
( +#4 DRY AND
-#4 WASHED)
ASTM 0 422
.....u. T...
................PFt1~.~................
....... ,..".....""",..
$10.00
$40.00
$50.00
$40.00
$50.00
$60.00
$65.00
$100.00
$120.00
$170.00
$275.00
$35.00
PER HOUR
PER HOUR
$ 25.oo/DAY
$100.00
$115.00
$120.00
$140.00
$45.00
UNIT
PFt'Ce
$40.00
$45.00
$70.00
PER HOUR
$60.00
$65.00
$100.00
$120.00
$170.00
$275.00
$35.00
.
J
................TEST..
:::>>>:::::::>:::::::::: :: ,> ':>.:':':':':':':':':':".:..
............"""............."""",..
...............""................"",..." ..
DeSIGNATION> .
CONCRETE FIELD QUALITY CONTROL TEST. COMPRESSIVE STRENGTH
(INCLUDES SAMPLING, SLUMP, AIR CONTENT, TEMPERATURE,
CASTING OF FOUR 6" X 1Z' CYLINDERS AND CYLINDER PICKUP): ASTM C 172, C 143
. LOCAL C 231, C 1064,
. OUT OF TOWN (DOES NOT INCLUDE TRAVEL TIME OR MILEAGE) AND C 31
CURING AND COMPRESSIVE STRENGTH OF CYLINDERS ASTM C 31, C 39
...... ..... .... ... .................................. .'.>LABORATORYTESTINGOfBITVMINOUSf>AVJNGMIXTURES
<..TES,.)
DESIGNATION
ASTM 0 2172
ASTM 0 2172
ASTM D 5444
ASTM 0 2041
ASTM 0 2726
ASTM D 1559
ASTM 0 3202
BITUMEN CONTENT
. MINERAL MATTER CORRECTION - ADD
SIEVE ANALYSIS THROUGH THE 0.075 mm SIZE ( #200 )
THEORETICAL MAXIMUM SPECIFIC GRAVITY ( RICE
FIELD QUALITY CONTROL TEST
( INCLUDES COMPACTING THREE SPECIMENS, MARSHALL DENSITY,
STABILITY AND FLOW, AND AIR VOIDS ANALYSIS - DOES NOT
INCLUDE RICES MAXIMUM SPECIFIC GRAVITY)
FIELD IN-PLACE DENSITY BY NUCLEAR DENSOMETER
- NUCLEAR DENSOMETER RENTAL
FIELD IN-PLACE DENSITY, THICKNESS, AND PERCENT AIR VOIDS
( SET OF TWO CORES. DOES NOT INCLUDE RICES
MAXIMUM SPECIFIC GRAVITY
OBTAINING BITUMINOUS PAVEMENT CORES
(INCLUDES OPERATOR AND CORE RIG)
. ADDITIONAL CHARGE PER INCH OF DEPTH CORED
ASTM D 2950
ASTM 0 2726
ASTM D 3549
ASTM 0 3203
ASTM 0 979
"
$90.00
$70.00
$15.00
... ...........U.NIY.........
....""., , ..........
.. ....",.""" ..........
......."" ,...........
. ...."."", ,...........
....."", ,..........
......PRtCS
.. ....... """,,,,,,,,,....
$80.00
$50.00
$60.00
$60.00
$140.00
PER HOUR
$ 25.00/DAY
$50.00
$ 45.00 I HR.
$4.50
ALL TESTS ARE PERFORMED IN GENERAL ACCORDANCE WITH THE LATEST STANDARDS OF THE AMERICAN SOCIETY OF TESTING AND MATERIALS
(ASTM), THE AMERICAN ASSOCIATION OF STATE HIGHWAY AND TRANSPORTATION OFFICIALS (AASHTO), THE MONTANA DEPARTMENT OF
TRANSPORTATION (MDT) OR OTHER APPLICABLE TESTING STANDARDS.
THE UNIT PRICES ESTABLISHED FOR LABORATORY TESTING DO INCLUDE STANDARD SAMPLE PREPARATION, TESTING,RECORDING
OF TEST VALUES AND REPORTING OF TEST RESULTS TO THE CLIENT. NO EXTRA CHARGES WILL BE ASSESSED FOR THESE EFFORTS. ALL UNIT
PRICES ARE SUBJECT TO TRAVEL TIME, STANDBY TIME, AND OTHER COSTS IF APPROPRIATE. THESE COSTS WILL BE INVOICED AT THE
PRE-ESTABLISHED RATES FOR DIRECT LABOR, MILEAGE, AND PER DIEM.
ALL FIELD TESTING AND REPORTING OF FIELD TEST RESULTS WILL BE INVOICED AT THE PRE-ESTABLISHED RATES FOR DIRECT LABOR, MILEAGE
AND PER DIEM UNLESS UNIT PRICES HAVE BEEN ESTABLISHED.
'.
AMENDMENT No.1 to PROFESSIONAL SERVICES AGREEMENT
1997 WATER REPLACEMENT PROJECTS
THIS AGREEMENT is made as of this 20th day of February. 2001 between THE
CffY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, herein referred to as
OWNER and HKM Engineering, Inc., fonnally MSE-HKM Inc., an Enb>ineering Consulting Finn
of Bozeman, Montana, herein referred to as ENGINEER
WHEREAS the parties have entered into a Professional Services Agreement dated June 15, 1998,
herein referred to as Original Agreement for professional engineering services for the 1997 Water
Replacement Projects; and
WHEREAS, the parties desire to amend the provisions of this Agreement by adding to the original
scope of services.
NOW, TI-IEREFORE, IN CONSIDERA TlON OF THE MUTUAL COVENANTS CONTAINED
HEREIN, the parties agree as follows:
I . Article 1. I is amended to read as follows::
1.1 The CONSULTANT will complete the outlined scope of work required jur the preparation of plans,
specifications, estimates of probable construction cost and bidding documents and construction administration
for thc CITY OF BOZEMAN 1997 WATER REPLACEMENT PROJECTS. 'Ibe projects in which the
aj{)[c--mentioned services are to be provided include:
APPROXIMATE
WATER REPLACEMENf PROJECTS
LENGU-I
(ft)
I South Wilson A YO. - Main St to Koch St
2 Curtiss St - South Tracy Ave. to South Black Ave.
3 South Trucy Ave. - Olive St. to Story St.
4 South Black - Main St. to Olive St
5 Peach St - North 7tl\ Ave. to approximately 60' east of North 6tl\ Ave.
6 North 6th Ave. - Short St to Peach St
7 Front St. - Juniper St to Broadway Ave.
8 North Montana Ave. - Peach St. to Tamarack St
9 North BOZLwan Ave. - Cottonwood St To Tamarack St.
10 Tamarack St - W allacc Ave. to Black Ave.
11 Babcock St. -.r Ave. to 4th Ave.
1470
400
1240
730
450
350
2100
1125
775
1940
305
TOTAL WATER LINE REPLACE1v1ENTS
10,885
The 1997 replacement project shall include two(2) basic parts. The fIrst part shall consist of the preparation of documents
necessary for the design and preparation of drawings, specifIcations and bidding documents The second part shall consist
....
of project bidding and construction administration. The specific dctails are detailcd within Exhihit "c" and Exhibit "F",
which is hereby incorporatcd by this reference.
2. Article 6.1.1 is amended to read as follows:
6.1.1 Lump Sum Payment. Ine OWNER shall lor design phase serviet:s performed as Basic Engineering
Services under sections 4.1 through 4.4 of this agreement pay a lump sum in the amount of $70,930
lor such services.
3. Except as specifically amended herein, the Original Agreement of June 15, 1998 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 on the day and
year first above written.
~~-1!B~Z~
City Manager
ATIE~
BY: ~Jg~
Robin L. Sullivan
(Clerk of Commission)
APPROVED AS TO FORM
B~~ir;~-- -
ENGINEER
..-.f
BY: ! 'c:,-
ITS: (/ .,_..c'
ATTEST; ~ ,
BY: 6(-~.-
.i,. ,-
./ ,i
.. (,__ (~l'
~ .
/,
~.t'''?
~~
'''"Ii
EXHIBIT C
TO AGllliEMENT ~-pTWEf:N OWNER AND
ENG~pR FpR PROfESSlbNAL SERVICES
A DETAILED SCOPE OF SERVICES.
This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on, June 15 1998,
between CITY OF BOZEMAN (OWNER) and (ENGINEER) providing lor professional engineering services.
1.1 Water Replacement Projects
"Ine CONSULTANT will complete the outlined scope of work required 11)[ the preparation of plan:;,
specifications, estimates of probable construction cost and bidding documents and construction administration
for the CITY OF BOZEMAN 1997 WATER REPLACEMENT PROJECTS. "lne projects in which the
aforementioned services are to be provided include:
APPROXIMATE
W A lER REPLACEMENT PROJECTS
LENGU-I
(ft)
I South Wilson Ave. - Main S1. to Koch S1.
2 Ctutiss S1. - South Tmcy AYe. to South Black AYe.
3 South Tmey Ave. - Olive S1. to Story S1.
4 South Black - Main S1. to Olive S1.
5 Peach S1. - North 7th Ave. to approximately 60' east of North 601 Avc.
6 North 601 Ave. - Short 81. to Peach S1.
7 Front S1. - Juniper S1. to Broadway Ave.
8 North Montana A Yc. - Peach 81. to Tamamck S1.
9 North Bozeman Ave. - Cottonwood S1. To Tamarack S1.
10 l' amamck S1. - Wallace A vc. to Black A vc.
II Babcock St. - :r Ave. to 4d, Ave.
1470
400
1240
730
450
350
2100
1125
775
1940
305
TOTAL WATER liNE RE'PlACFfi.fENTS
10,885
Note: Remaininz sections ofscofJe of services is unchanged.
-4
"
EX)}] lJI7 (IF II
City of Bozeman
Water Renovation Project
Additional Work -- Babcock Street; 3rd to 4th Avenue
October 25,2000
Project Manager
Clint Litle
3.5
$75,00
$262.50
Project Engineer
Greg Underhill
22.5
$70.00
Two Man Survey Crew
Wilson / Barber
8.5
$95.00
AutoCAD Technician
Rocky Holt
Kevin Katzenberger
2
22
$55.00
$55.00
Clerical
Robin Parks
2
$35.00
StafT Engineer
Dax Simek
10.5
$50.00
$525.00
$1,575.00
$807.50
$110.00
$1,210.00
$70.00
Total $4,560.00
Prepared by Clint Litle 12/11/00 Page 1
AMENDMENT No.2 to PROFESSIONAL SERVICES AGREEMENT
1997 WATER REPLACEMENT PROJECTS
TIllS AGREEMENT is made as of this 12th day of August, 2002 betwecn THE
CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, hcrein referred to as
OWNER and HKM Engineering, Inc., formally MSE-HKM Inc., an Engineering Consulting
Fiml of Bozeman, Montana, herein rcferred to as ENGINEER.
WHEREAS the partics have entcred into a Professional Serviccs Agreemcnt dated June 15, 1998,
and Amendment No. 1 datcd February 20, 2001 herein referred to as Original Agreement and
Amendmcnt No.1, respectivcly, for professional cngineering services for the 1997 Watcr
Replaccment Projccts; and
WHEREAS, the parties desire to amend the provisions of thesc Agreemcnts by adding to the
original scope of services.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED
HEREIN, the parties agree as follows:
I. Articlc 1.1 is amended to read as follows::
1.1 The CONSULTANT will complete the outlined scopc of work required fl)r the preparation of plans,
specificatjons, estimates of probable construction cost and bidding documents, and construction
administration for the CITY OF BOZEMAN 1997 WATER REPLACEMENT PROJECTS. The projects
in which the aforementioned services are to bc provided include:
APPROXIMAI"E
WATER REPLACEMENT PROJECTS
LEN(lTH
(m
I South Wilson Ave. - Main St. to Koch St.
2 Curtiss St. - South Tracy Ave. to South Black AYe.
3 South Tracy Ave. - Olive St. to Story St.
4 South Ulack - Main St. to Olive St.
5 Peach St. - North 7'h Ave. to approximately 60' east of North 6th Ave.
6 North 6th Ave. - Short St. to Peach St.
7 Front St. - Juniper St. to Broadway AYe.
8 North Montana AYe. - Peach St. to Tamarack St.
9 North Bozeman Ave. - Cottonwood St. To Tamarack St.
10 Tamarack St. - Wallace Ave. to Black Ave.
II Babcock St. - 3'd Ave. to 4th Ave.
12 Tamarack St. -- _ Wallace Ave. to Front Street
1470
400
1240
730
450
350
2100
1125
775
1940
305
}30
TOTAL WATER LINE REPLACEMENTS
lL.l!S
The 1997 replacement project shall include two(2) hasic parts. The first pal1 shall consist of the preparation of documents
necessary for the design and preparation of drawings, specifications and bidding documents. The second part shall consist of
project bidding and eonstmction administration. The specific details al.e detailed within Exhibit "c" and Exhibit "F', which is
hereby incorporated by this reference.
2. Article 6.1.1 is amended to read as follows:
6.2.1 Lump Sum Pavment. The OWNER shall for design phase services performed as Basic Engineering
Services under sections 4.1 through 4.4 of this agreement pay a lwnp sum in the amount of $117.256.83
for such services. See attached Exhibit A - Table 2 Phase II Fcc Estimate, and Exhibit B - Contract Fee
Summary for detailed design, permitting and construction administration fees.
6.1.1
3. Article 6.2.1 is amended to read as follows:
6.2.1. The OWNER shall pay for Construction Phase and Project Documentation Services an amount not to exceed
$154,637.47 except as provided under 6.2.1.2 and 6.2.4. See attached Exhibit A - Table 2 Phase II Fee
Estimate, and Exhibit 13 - Contract Fee Summary for detailed design, permitting and construction
adminisrration fees.
4 Article 7.3 is amended to read as follows:
7.3 DIRECT LABOR COSTS
Direct Lahor Costs used as a basis for payment mean the actual salaties and wages paid to all ENGINEER's personnel engaged
directly on the Project, including, but not limited to, engineers, architects, surveyors, designers, drafters, specification Wliters,
estimators, other technical and business personnel; but does not include indirect payroll related costs or iringe benefits. For the
purposes of this Agreement Lhe principals and employees of the ENGINEER maximum billable Direct Labor Costs are:
Principals
Project Manage'!"
Senior Engineer
Staff Engineer
Senior Technicians
CADD Dratier
Technician~
Construction hlSpector
Two Person Survey Crew
Clerical
$40.00 !hour
$30.00 /hour
$30.00 /hour
$20.(X) /hour
$20.00 /hour
$20.(X) /hour
$15.00 /hour
$21.00 !hour
$40.00 /hour
$13.00 /hour
5. Article 6.2.1.1 is amended to read as follows:
6.2.1.1 Costs Compensation. Compensation for these services shall be based on the ENGINEER's Direct
Labor Cost times a factor of 2.85 for services rendered on or prior to 3/15102 which shall cover Direct Labor, Direct Labor
Overhead, General & Administrative Overhead and Profit. For services rendered after 3/15/02 a factor of 2.95 shall be used,
which shall cover Direct Labor, Direct Labor Overhead, General & Administrative Overhead and Profit.
3. Except as specifically amended herein, the Original Agreement of June 15, 1998 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 on the day and
year first above written.
CITY OF BOZEMAN
l-~_
City Manager
BY.
~
ATT~: /I
BY:~oI ~
Robin L. Sullivan
(Clerk or Commission)
,/1
APP~1~AS Tl~~~~}1
B~~:ii;r~{{</?\ A tL{4,!
/
ENGINEER
I ~///
:'. '~~,.~~~~_-:';";~"~
BY:
,
,'--..............-..
') ".
I' ;~: t: ..~ , d e. ~.I -t-
~,
ITS:
::rE~
. .
EXHIBIT A
$5,20000
T~ml}m'~k_- ~~l1~e To Frpnt St.
Complete Pll}!IS -- Address U1YJ{e_dhnesJor 8aseJ:~Q!!!m~tScooe
Project Manager 4
Staff Fnginccr 8
AutoCAD Technician 20
Clerical
Fasement -- Hozeman Creek
Project Manager
AutoCAD Technician
Clerical
6
I
2
Specifications -- Revise hase specillcations for Phase II Construction
Project Manager 8
Stalf Engineer 12
Clerical 10
Traffic u Prepare 'fraffie control Plan for Phase II construction
Project Manager 4
Project Engineer 16
Clerical 2
Engineers Est -- Up-date Engineers Estimate for Phase II Construction
Project Manager 2
Project Engineer 20
(,'oQf.cllmltimL -- Coordination of Phase plans, specifications and pennitting
Project Manager 8
Project Engineer 8
Clerical 8
Pl;'.,II11ilJinK.::'_~. MDEQ approval Phase II Construction
Project Manager
Project Engineer
Clerical
4
12
4
BiMing .84Cons!m<:(jQ!1..hdnlin!stration for Phase II Construction
Material Testing 28
Survey 20
Project Manager 28
Project Representative 1250
Staff b:ngineer 80
PrOject Engineer 40
Clerical 38
Mileage I
Expense I
Printing Cost (Bid Documents)
Total
$84.00
$5500
$58.00
$8400
$58.00
$3300
$8400
$5500
$33.00
$84,00
$55,00
$3300
$84.00
$5500
$83.00
$5500
$3300
$84,00
$55.00
$33,00
$45.00
$100.00
$84.00
$58.00
$55,00
$60.00
$3300
$500.00
$200.00
Amendmelll No, 2
City of Bozeman
Wakr Renovation Project
$5,200.00
$5,200,00
$336,00
$440.00
$1,160.00
$1,936,00
$50400
$58.00
$66.00
$628.00
$67200
$660.00
$330,00
$1,662,00
$336,00
$880.00
$66,00
$1,28200
$16800
$1,100.00
$1,268.00
$604.00
$440.00
$264.00
$1,368.00
$336,00
$660.00
$132,00
$1,128,00
$1,260.00
$2,00000
$2,35200
$72,500.00
$4,400 00
$2,400.00
$1,154.00
$500.00
$200.00
$86,866.00
$1,000.00
$1,000.00
$102,338,00
$336.00
$440.00
$1, \60.00
$504.()O
$58.00
$6600
$672.00
$660,00
$33000
$33600
$88000
$66.00
$168.00
$UOOOO
$66400
$440.00
$264.00
$1:16.00
$660,00
$13200
$1,260,00
$2,000.00
$2,352.00
$72,500,00
$4,400,00
$2,400,00
$1,254,00
$500.00
$20000
$1,00000
$2,56400 $99,77400
HKM Engineering, Inc.
.
EXHIBIT B
Desi gn Services
1. Original Service Agreement Design Fee $66,370.00 $66,370.00 $0.00
2. Amendment No.1 (Babcock St.) $4,560.00 $4,560.00 $0.00
3. Amendment No.2 - Design Services Phase
Tamarack - Wallace To Front St. $5,200.00
Specifications --Revise base specifications
for Phase II Construction $1,662.00
Traffic -- Prepare Traffic control Plan for
Phase II construction $1,282.00
Engineers Est -- Up-date Engineers
Estimate for Phase II Construction $1,268.00
Coordination -- Coordination of Phase
plans, specifications and permitting $1,368.00
Permitting -~ MDEQ approval Phase II
Construction $1,128.00
Subtotal $11,908.00 $0.00 $11,908.00
4. Amendment No.2 - Original Service
A reement Additional Services Fee $34,418.83 $0.00 $34,418.83
Desi n Phase Total $117,256.83 $70,930.00 $46,326.83
Construction Administration
1. Original Service Agreement C.A. Fee $92,360.00 $55,262.72 $37,097.28
2. Overtime Fee (Paid Liquidated Damages by
Contractor) $11,508.75 $11,508.75 $0.00
3. Amendment No.2 - Construction
Administration Services Phase II
Bidding and Construction Administration $86,866.00 $0.00
Printing Costs $1,000.00
Subtotal $87,866.00 $0.00 $87,866.00
4. Less Unused Construction Administration
from Ori ina} Service A reement -$37,097.28 $0.00 -$37,097.28
Construction Administration Phase Total $154,637.47 $66,771.47 $87,866.00
Amendment No.2
City of Bozeman
Water Renovation Project
HKM Engineering, Inc.
... .
EXHIBI1' C
TO AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES
A DETAILED SCOPE OF SERVICES.
This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on, June 15 1998, between
CITY OF BOZEMAN (OWNER) and (ENGINEER) providing for professional engineering services.
1.1 Water Replacement Projects
The CONSULTANT will complete the outlined scope of work required for the preparation of plans,
specifications, estimates of probable construction cost and bidding documents and construction
administration for the CITY OF BOZEMAN 1997 WATER REPLACEMENT PROJECTS. The projects
in which the aforementioned services are to be provided include:
WATER REPLACEMENT PROJj:CTS
APPROXIMA TE
LEJ\iOTJ-I .---.ill2
I South Wilson Ave. - Main St. to Koch St.
2 Curtiss St. - South Tracy Ave. to South Black Ave.
3 South Tracy Ave. - Olive St. to Story St.
4 South Black - Main St. to Olive St.
5 Pcach St. - North 7'h Ave. to approximately 60' east of North 6th Ave.
6 North 6th Ave. - Short St. to Peach St.
7 Front St. - Juniper St. to Broadway Ave.
8 North Montana Ave. - Peach St. to Tamarack St.
9 North Bozeman Ave. - Cottonwood St. To Tamarack St.
10 Tamarack St. - Wallace Ave. to Black Ave.
] I Babcock St. 3'd Ave. to 41h Ave.
L2 Tamarack St. n Wallace Ave. to Front Street
1470
400
1240
730
450
350
2100
1125
775
1940
305
_,"_130
TOTAL WATER LINE REPLACEMENTS
11,215
!tote: Remaininf! sections ofsco/Je of services is unchanf!ed