HomeMy WebLinkAbout95- MSE-HKM Professional Services Agreement (3)
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PROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made as of August 7
CITY OF BOZEMAN, a Municipal Corporation,
0640 (OWNER) and MSE-KKK, Inc., P.O. Box
59107 (ENGINEER).
, 1995, between THE
Bozeman, Montana, 59771-
31318, Billings, Montana
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 evaluate required improvements along
a segment of Durston Road between N. 7th and N. 19th 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), and Exhibit C (Labor Hours and
Costs Summary) are hereby incorporated in and made part of this
Agreement.
ARTICLE 1 - ENGINEERING SERVICES
1.1. The detailed description of the specific project
components is described as follows:
This project is to evaluate four intersections along a segment of
Durston Road to determine recommended modifications to improve the
flow of traffic. The intersections of Durston with N. 7th, N.
11th, N. 15th and N. 19th will be evaluated. Roadway improvements
for the portions of Durston not expected to be improved with the
intersection modifications will also be evaluated to determine the
impacts and costs associated with implementing the desired
improvements. The initial scope of this project is through the
Pre-Design Investigation Phase only as described below and in
ARTICLE 4.1. Results of this study will be considered with the
actual vs. predicted traffic volumes to determine the final scope
of the project for detailed design/ construction.
I. Data Acquisition - During this phase of the project the
existing data pertinent to the project will be reviewed.
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Addi tional information necessary to determine recommended
improvements will be obtained.
. Traffic Volumes - The 1993, Transportation Plan
will be reviewed for projected traffic volumes.
Field traffic counts will be taken to determine
existing actual traffic volumes and turning
movements at each intersection studied.
. Ownership - Existing ownership of adjacent parcels
of property will be determined by information on
file with the County Assessor's office. Individual
ti tIe memorandums or ownership reports are not
anticipated for the Pre-Design Investigation Phase.
. Plats and Riqht-of-Way - Available plats and right-
of-way plans for the project area will be obtained
from information filed with the Clerk and
Recorder's office. The City will be asked to
review their files for any right-of-way plans and
ownership information. Existing easements will be
shown only as they are identified on found plats.
.
As-Built Plans - copies of
plans will be requested from
all roadways, storm drain,
project area.
as-built construction
the City and state for
and utilities in the
. Geotechnical Information - Geotechnical information
previously developed for nearby projects will be
requested. This information will be utilized in
the pre-design phase as an indication of sub-
surface condi tions and to estimate required
surfacing design for any roadway reconstruction.
No detailed geotechnical work (field investigation,
testing, analysis) will be completed in the pre-
design phase.
II. Mappinq - The mapping phase of this project will provide
a base to be used in this and future stages of this project.
The entire project corridor from N. 7th to N. 19th will be
surveyed. The width of the corridor will vary but is expected
to be to the edges of adjacent development (buildings, parking
lots) or approximately 50 ft. on each side of centerline.
Additional mapping beyond these limits will be provided in
areas of drainage and irrigation features.
. permission to Survey - permission to survey will be
requested of all owners of adjacent parcels.
Owners refusing to grant permission or requesting
compensation will be directed to the City for
resolution.
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. Field SurveY - Field surveys will be completed to
define physical features within the project
corridor. The survey will include utility
locations as marked by the utility owners. Found
property corner monumentation will be surveyed to
define ownership. Property monumentation not found
will not be re-established.
III. Intersection Desiqn (*4) - The intersections of Durston
Road with N. 7th, N. 11th, N. 15th, and N. 19th will be
evaluated to determine recommended modifications to improve
traffic flow.
. Desiqn Volumes - A range of design traffic volumes
for a 20 year (year 2015) planning period will be
developed for the intersections to be studied.
This range will be based on the 1993 Transportation
Plan. The plan volumes for the design year
anticipate lower volumes on Durston Road due to
planned improvements (N. 19th street Interchange
and oak Street). Transportation Plan traffic
volumes will be analyzed on a corridor basis and a
range of probable volumes will be developed.
. Geometries up to two preliminary geometric
layouts will be developed for each of the four
intersections studied. These layouts will be
designed to accommodate the range of anticipated
traffic volumes. At the city's discretion, a
separate lane for a dedicated bicycle route will be
considered in the layouts.
. Impacts - The impacts associated with improvements
at each intersection will be identified. These
impacts include additional right-of-way,
construction permits, easements, drainage,
irrigation, and utilities.
IV. Roadway Reconstruction - Two alternatives to encompass
reconstruction of the entire portion of Durston Road between
N. 7th and N. 19th will be considered.
. Minimum Improvements - Once the existing right-of-
way and critical existing features have been
located, upgrading of the existing roadway beyond
the limits of. the planned intersection improvements
will be considered. Minimum improvements will be
considered as those improvements that can be
accommodated within the existing right-of-way.
Anticipated improvements under this scenario may
include minor widening, drainage modifications and
other improvements short of complete
reconstruction.
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. Desired Improvements Desired improvements for
this segment of Durston are likely to include
complete reconstruction to a wider typical section.
A three-lane roadway with dedicated bicycle lanes,
boulevards, curb, gutter and sidewalk on both sides
could be considered. The final typical section to
be evaluated will be coordinated with the city.
. Impacts Impacts associated with both roadway
reconstruction scenarios (minimum/ desired) will be
determined.
V. Cost Summary - A "Total project Cost" summary to include
an opinion of costs for construction, engineering, right-of-
way, utility relocations, and permits will be developed for
the intersection alternatives and the roadway reconstruction
alternatives. The cost summary will be presented in a matrix
format such that combinations of improvements can be
considered within the context of the available budget.
VI. Pre-Des ion Investiqation Phase Report A report
summarizing existing conditions, study methodology, design
alternatives, cost opinions, and recommendations will be
prepared. The report will include necessary exhibits to show
alternatives developed.
VII. Review Meetinos - Up to three review meetings between
the consultant and city staff are anticipated. These meetings
may be utilized to obtain existing data, discuss design
concepts, or review report recommendations depending upon the
needs of the project. One presentation of report results to
the City Commission is included.
1.2. The scope of services under this contract is set forth in
this agreement and the attached EXHIBITS.
ARTICLE 2 - ENGINEER'S RESPONSIBILITIES
2.1. ENGINEER shall perform for OWNER professional engineering
services in all phases of the Project to which this Agreement
applies as hereinafter provided. These services will include, but
not be limited to, serving as OWNER's professional engineering
representative for the Project, providing professional engineering
consultation and advice and furnishing customary civil and
structural engineering services incidental thereto.
2.2. The ENGINEER shall furnish all labor, materials,
equipment, supplies, and incidentals necessary to conduct and
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.
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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 procure
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.
2.6. The ENGINEER shall name a Project Manager who shall be
the liaison between the ENGINEER and the OWNER. The Project
Manager shall be John A. Shoff, P.E. The OWNER may name a Task
Director who would be the liaison between the ENGINEER and the
OWNER during the design segment of the Project.
2.7. The ENGINEER shall submit an estimated progress schedule
at the beginning of the work, and monthly progress reports
thereafter until the project is completed.
ARTICLE 3 - OWNER'S RESPONSIBILITIES
3.1. The OWNER shall name a Task Director who shall be the
liaison between the ENGINEER and the OWNER during DESIGN segment of
the Project. The Task Director designated shall be Craig Brawner,
P.E.
3.2. The OWNER shall have the right of review and examination
of the ENGINEER'S work at all times.
3.3. The OWNER shall make available all records
drawings, construction records, etc.) indicating the
configuration of the city utilities.
(as-built
existing
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 ENGINEERING SERVICES
The ENGINEER shall render professional Engineering Services as
follows:
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4.1 PRE-DESIGN INVESTIGATION PHASE
After written authorization to proceed, ENGINEER shall:
4.1.1. Consult with OWNER to clarify and define OWNER's
requirements for the Project and review available data.
4.1.2. Advise OWNER as to the necessity of OWNER's
providing or obtaining from others, data or services and
assist OWNER in obtaining such data 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. This project is under the jurisdiction of the
city of Bozeman and state of Montana and will not require
coordination with Gallatin County.
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.
4.1.6. 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
having jurisdiction 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 for or damages to properties,
for interest and financing charges and for other services to
be provided by others for Owner. The total of all such costs,
allowance, etc. are hereinafter called "Total Project Costs".
4.1.7. Furnish 6 copies of the study and Report documents
and review them in person with OWNER.
The Pre-design Investigation Phase will be completed and submitted
within 180 calendar days following written authorization from
OWNER to ENGINEER to proceed with that phase of services.
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4.2 PRELIMINARY DESIGN PHASE
After acceptance of the pre-design report and receipt of written
authorization to proceed with the Preliminary Design Phase,
ENGINEER shall:
4.2.1. In consultation with OWNER determine general scope,
extent and character of the Project.
4.2.2. ENGINEER shall then prepare a Preliminary Design
Report, preliminary plans and specifications and a written
description for the Project.
4.2.3. Preliminary Desiqn Report:
addressed in the design report will
limited to:
Specific items to be
include, but not be
4.2.3.1. Summary of
appropriate drawings
project.
construction requirements
for each task included in
with
the
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 specifications.
4.2.3.5. A traffic control plan for each project task,
if necessary.
4.2.4. Design and Construction Survey: The ENGINEER shall
conduct a design field survey of the project areas, as
necessary, for locating existing utilities (such as gas,
power, telephone, TV cables, water and sewer lines, irrigation
facilities, fences, and approach driveways), existing right of
way and easements, and making measured drawings of or
investigating conditions of existing facilities. The ENGINEER
shall provide suitable horizontal and vertical reference
control points for the construction phase.
4.2.5. Permits and Riqhts-of-Wav: The ENGINEER shall
obtain approved permits, licenses, and/or easement agreements
from private landowners and any other agencies or entities
requiring similar approvals prior to bidding. These approvals
will be coordinated with the OWNER and will be made on
easement and permit documents approved by the OWNER.
Information and easement descriptions provided in the Basic
Engineering Services will be based on data available from
design surveys and courthouse ownership records.
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4.2.6. Geotechnical Explorations and Analysis: The
ENGINEER shall conduct such geotechnical 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
preliminary construction plans
information which addresses the
project task.
Specifications. Prepare
and specifications with
special features of each
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 financial participation in any part
of the Project; provide any technical criteria, written
descriptions and design data necessary for securing permits or
approval from authorities having jurisdiction to review and
approve the design, and assist owner in securing such
approvals; and review documents in person with OWNER and
review authorities, and, if necessary, conduct a plan-in-hand
site review. All changes agreed to between ENGINEER and OWNER
will be noted in a memorandum from the ENGINEER to the OWNER
and incorporated into the final plans and specifications.
The Preliminary Design Phase will be completed and submitted within
a schedule to be determined following acceptance of the Pre-Design
Investigation Phase and following. written authorization from OWNER
to ENGINEER to proceed with the Preliminary Design 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
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Costs, prepare for incorporation in the Contract Documents
final drawings and Technical Specifications of sufficient
detail to show the general scope, extent and detailed
character of the work to be furnished and performed by the
Contractor (s) sui table for use in the proj ect 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 Specifications.
4.3.3. Prepare for review and approval by OWNER, its legal
counsel and other advisors, contract agreement forms, general
conditions and supplementary conditions, and (where
appropriate) bid forms, invitations to bid and instructions to
bidders, special provisions, technical specifications, and
standard drawings, and other related contract documents in
conformance with the latest edition of the Montana PUblic
Works Standard Specifications (MPWSS) and city of Bozeman
Modifications to MPWSS adopted by the city of Bozeman.
4.3.4. Furnish OWNER six copies of the Contract Documents
(including design drawings, specifications and contracts).
The Final Phase will be complete and submitted within a schedule to
be determined following completion of the Preliminary Design Phase
and following written authorization from OWNER to ENGINEER to
proceed with the Final Design Phase of services.
4.4 BIDDING OR NEGOTIATING PHASE
After written authorization to proceed with the Bidding or
Negotiating Phase, ENGINEER shall:
4.4.1. Assist OWNER in advertising for and obtaining bids
or negotiating proposals for construction contract (s) and
record prospective bidders to whom Bidding Documents have been
issued, receive and process deposits for Bidding Documents and
conduct pre-bid conferences.
4.4.2. Provide interpretation or clarification to
prospective bidders regarding the Bidding Documents, and issue
addenda as appropriate.
4.4.3. Consul t wi th 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.
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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, specifications and contracts). Furnish
contractor with one set of original signature executed
contract documents and up to three sets of construction
documents.
4.5 CONSTRUCTION PHASE
The responsibilities of the ENGINEER during the Construction Phase
are summarized as follows:
4.5.1. General Administration of Construction Contract.
ENGINEER shall consult with and advise OWNER and act as
OWNER'S representative as provided in EXHIBIT A - ENGINEER'S
STATUS DURING CONSTRUCTION, attached to and made part of this
Agreement and may be further provided under the General
Conditions of the contract documents. The extent and
limitations of the authority, duties, and responsibilities of
the ENGINEER on the construction job site as assigned here-in
shall not be modified except as the ENGINEER may otherwise
agree in writing. All of OWNER's instruction to Contractor(s)
will be issued through ENGINEER who will have authority to act
on behalf of OWNER to the extent provided in the General
Conditions except as otherwise provided in writing.
In addition to the services provided under Article 10 (Exhibit
A) the ENGINEER shall provide the following services during
construction:
4.5.1.1. Schedule
conference.
and
conduct
a
pre-construction
4.5.1.2. Provide personnel, equipment and supplies for
construction layout and control, including establishment
of line, grade, and blue top control staking.
4.5.1.3. Review Contractors' construction schedules and
operations, and the Contractors' traffic control plans
and its implementation prior to the start of
construction.
4.5.1.4. Ascertain that the Contractor has secured
required permits needed to accomplish his work.
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4.5.1.5. Prepare and provide weekly ac~ivity and
progress reports to the city's Task Director.
4.5.1. 6. ENGINEER shall provide OWNER copies of all
correspondence between the ENGINEER and contractor.
4.5.1.7. Issue stop and resume work orders, in whole or
in part, when work is not or cannot be performed in
accordance with the Contract Documents.
4.5.1.8. Review and approve, for conformance with the
project technical specifications all shop drawings, and
other Contractor submittals required by the Contract
Documents.
4.5.1.9. During construction review Contractors'
construction schedules and evaluate conformance and
progress under the Contract time provisions.
4.5.1.10. Prepare for OWNER'S approval any plan and
specification changes which due to any initial design or
engineering deficiencies are required to complete the
project original design concept.
4.5.1.11. Inspect the project and when appropriate, and
after conferring with OWNER, issue a Certificate of
Substantial Completion to the Contractor.
4.5.1.12. Prior to recommending final payment, schedule
and conduct with the OWNER a final project inspection and
submit a report to the OWNER documenting any outstanding
items or deficiencies requiring correction prior to final
payment. Upon satisfactory project completion ENGINEER
shall certify in writing to the OWNER, and any required
regulatory agencies, that to the best of his knowledge,
the construction was completed in accordance with the
approved plans and specifications and is performing in
accordance with the design concept.
4.5.1.13. Eleven months after project substantial
completion schedule and conduct with the Owner a One Year
Warranty Inspection of the project and advise the owner
in writing whether project deficiencies exist and if the
project is performing in accordance with the design
concept.
4.5.2. Resident proi ect Reoresentati ve. ENGINEER shall
provide a qualified Resident Project Representative at the job
site to provide observation of the work as provided in EXHIBIT
B - A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS
OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE., attached
to and made part of this Agreement.
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The ENGINEER shall submit to the OWNER, for review and
acceptance, the resume of each Resident proj ect 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 and two paper
copies of the Project Record Drawings ("As-Builts"), (b) written
monthly progress reports, and (c) a project notebook containing
such correspondence and documentation as requested by OWNER.
4.7 CONSTRUCTION TESTING
The inspection services shall include material testing and
verification of contract compliance with job site requirements,
plans and specifications.
The ENGINEER shall provide and maintain detailed documentation of
the following material testing:
1)
2)
3)
4)
Concrete strength, air content, and slump
Embankment, trench backfill, and gravel
pavement densities
Aggregate gradations
Plant mix strength, flow and asphalt content
and
ARTICLE 5 - 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 appl ications and supporting documents
for governmental agencies in addition to those required under
Basic Services; preparat:lon or review of environmental studies
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and related services;
environmental approvals.
and
assistance
in
obtaining
5.1.3.
general
changes
changes
services resulting from significant changes in the
scope, extent or character of the Project or major
in documentation previously accepted by OWNER where
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 be paid therefor as
provided in this Agreement:
5.2.1. Services in connection with work directive changes
and change orders to reflect the changes requested by OWNER if
the resulting change in compensation for Basic services is not
commensurate with the additional services rendered.
5.2.2. Services in making revisions to Drawings and
Specifications occasioned by the OWNER'S acceptance of
substitutions proposed by Contractor(s); services after the
award of each contract in evaluating and 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 significant delays, changes
or price increases occurring as a direct result of materials,
equipment or energy shortages.
5.2.4. Additional or extended services during construction
made necessary by (1) work damage by fire or other causes
during construction, (2) a significant amount 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.
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ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE
6.1 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF
ENGINEER
6.1.1. The OWNER shall for design phase services performed
as Basic Engineering Services under section 4.1 (pre-Design
Investigation Phase) of this agreement, pay an amount not to
exceed $38.396.00 except as provided under 6.1.2.2 and 6.1.5.
Following acceptance by the OWNER of the pre-Design Report, a
detailed scope of services and corresponding fee will be
prepared to address work to be provided for Basic Engineering
Services under sections 4.2 through 4.4 of this Agreement.
6.1.2. The OWNER shall pay for construction phase and
Project Documentation Services under sections 4.5 through 4.7
including General Administration of Construction Contract,
Resident project Representation, Project Documentation, and
Construction Testing, an amount not to exceed the contract
amount to be negotiated followinq completion of desiqn phase
services except as provided under 6.1.2.2 and 6.1.5.
6.1.2.1. Costs Compensation. Compensation for these
services shall be based on the ENGINEER's Direct Labor
Cost times a factor of 2.65 for services rendered which
shall cover Direct Labor, Direct Labor Overhead, General
& Administrative Overhead and Profit.
6.1.2.2. Notification. At any time during the
construction that it becomes apparent that the
construction Phase and Project Documentation services
rendered under this Agreement will exceed the negotiated
compensation for these services, and prior to performing
services in excess of the contract ceiling, the ENGINEER
shall give OWNER written notice thereof. promptly
thereafter OWNER and ENGINEER shall review the scope and
progress of the project work. ENGINEER shall obtain
written authorization from OWNER, prior to any additional
costs being incurred under paragraph 6.1.2.3. 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. 1.2 . 1. The amount and terms of any
additional compensation under 6.1.2.1 or 6.1.2.3 shall be
negotiated and agreed in writing pursuant to 9.16.
6.1.2.3. Costs Exceeding Estimated Compensation. Except
as allowed under 5.2.1, when the total cost of the
original scope Construction Phase and Project
Documentation Services exceeds the negotiated
compensation for these services, the OWNER shall pay only
for the direct costs incurred in excess of the estimated
compensation. These costs consist of an amount equal to
the ENGINEER'S Direct Labor Cost times a factor of 2.40
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for services rendered which shall include Direct Labor,
the federally audited payroll Direct Labor Overhead, and
General & Administrative Overhead costs, but shall not
include any allowance for profit.
6.1.3. Reimbursable Expenses, as defined in section 7.4 of
this Agreement, for Basic Services and Approved Additional
Services shall be paid to the ENGINEER by the OWNER in the
actual amount of the costs incurred.
6.1.4. Failed Test Expenses. The ENGINEER shall maintain
and provide to the OWNER, a record of the costs associated
with failing quality control tests performed for the OWNER
during the course of the construction of the proj ect and
recommend an amount the OWNER deduct from the contractor(s)
payments.
6.1.5. The OWNER shall pay an amount for Additional
services rendered by the ENGINEER and approved in writing by
the OWNER on the basis of the ENGINEER'S Direct Labor Costs
times a factor of 2.65, or an amount otherwise negotiated at
the time such services are requested and approved by the
OWNER.
ARTICLE 7 - 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 referred to as
"Construction Cost") means the total cost to OWNER of those
portions of the entire Project designed and specified by ENGINEER,
but 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 Labor Costs used as a basis for payment mean 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 personnel; but does not include
indirect payroll related costs or fringe benefits. For the
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purposes of this Agreement the principals and employees of the
ENGINEER Direct Labor Costs are:
principals
Project Manager
Senior Engineer
Staff Engineer
Senior Technicians
CADD Drafter
Technicians
Construction Inspector
Two Person Survey Crew
Clerical
$39/hour
$24/hour
$22/hour
$17/hour
$16/hour
$16/hour
$12/hour
$16/hour
$28/hour
$11/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 incidental thereto; obtaining bids
or proposals from contractor(s); subsistence and transportation of
Resident Project Representatives and their assistants; toll
telephone calls and telegrams; reproduction of reports, Drawings,
Specifications, Bidding Documents and similar Project-related
items; and if authorized iJ!. 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
appropriate charge for previously established programs and expenses
of photographic production techniques.
ARTICLE 8 - PAYMENT PROVISIONS
8.1 TIMES OF PAYMENTS. ENGINEER may submit monthly statements for
Basic Services and approved Additional Services rendered and for
Reimbursable Expenses incurred. Final payment shall be made only
after acceptance of the project by the OWNER. If OWNER disputes
the amount of the billing, OWNER will notify the ENGINEER in
writing within ten (10) calendar days of the receipt of bill of the
dispute.
8.2 REQUESTS FOR PAYMENT. Each request for payment shall include
a documentation summary of the period incremental man hours
incurred, direct labor rates and billed rates, detail of
reimbursable costs, total period billing, and total cumulative
billing. When requested by OWNER services for distinct project
segments shall be accounted and billed separately.
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8.3 PAYMENT UNDER TERMINATION. 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 associates and consultants
employed by ENGINEER to render Basic services, and paid for
services rendered during that phase on the basis of the payment
provisions of the Agreement. In the event of any such termination,
ENGINEER will be paid for unpaid pre-approved Additional Services
and unpaid Reimbursable Expenses which are authorized under this
agreement.
ARTICLE 9 - GENERAL CONSIDERATIONS
9.1 TERMINATION OF AGREEMENT
9.1.1. The sole right is hereby reserved to the OWNER to
terminate this Engineering Agreement for any and all causes or
for it's 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,
an equitable adjustment in the price provided for in this
Agreement shall be made, but (1) no amount shall be allowed
for anticipated profit 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
for 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 termination, 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 (1) 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
related documents prepared by the ENGINEER prior to said
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termination shall be delivered to and become 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 representatives for audit and
review, at the ENGINEER'S respective offices at all reasonable
times during the contract period and for three years from the date
of final payment.
9.3 EMPLOYMENT
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
bona 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 Contract without
liability or in its discretion to deduct from the price or
consideration or otherwise recover the full amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee.
All employees of the ENGINEER or other persons while engaged in the
performance of work or services required by the ENGINEER shall be
considered employees of the ENGINEER only and not of the OWNER.
9.4 NONDISCRIMINATION
The ENGINEER will not discriminate on the basis of race, color,
religion, creed, political ideas, sex, age, marital status,
national origin or disability in employment or provision of
services. The ENGINEER shall be subject to and comply with Title
VI of the Civil Rights Act of 1964; Section 140, Title 2, United
states Code, and all regulations promulgated thereunder.
9.5 SUBLETTING OR ASSIGNING OF WORK
The ENGINEER shall not sublet or assign any of the work covered
herein without prior written approval of the OWNER.
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9 . 6 STANDARD OF CARE
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 the initial nonperformance or the re-
performance of services. The OWNER's rights herein are in addition
to any other remedies the OWNER may have under the law.
9.7 LEGAL RELATIONS
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 of asserted for any injury, death, of
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 negligent, or indemnify the OWNER from liability
based solely on OWNER's negligence. The indemnity required here
shall not be limited by reason of the specification of any
particular insurance coverage in this Agreement.
The ENGINEER is and shall perform this agreement as an independent
contractor, and as such, is responsible to the OWNER only as to the
results to be obtained in the work herein specified, and to the
extent that the work shall be done in accordance with the terms,
plans and specifications. 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 benefits, such as, but not
limited to, worker's compensation with statutory limits, and
unemployment insurance.
9.8 INSURANCE
The ENGINEER shall secure and furnish to the OWNER 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:
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Type of coverage
Limits
Employers' Liability:
$ 100,000 per accident
General Liability:
Bodily Iniury & Property
Damage single and combined
$ 1,000,000 per accident
Automobile:
Bodilv Iniury covering all
automobiles, trucks,
tractors, trailers, or
other automotive equip-
ment whether owned or
rented by Engineer or
owned by employees of
Engineer.
$ 500.000 each person
$1,000.000 each occurrence
propertv Damaqe covering
all automobiles, trucks,
tractors, trailers or other
automotive equipment whether
owned or rented by Engineer
or owned by employees of
Engineer
$ 500,000 each occurrence
OR
BodilY Iniury & Property
Damaqe single and combined
$ 500,000 each occurrence
professional Errors & Omission:
$ 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 OWNERSHIP OF DOCUMENTS
All schedules, data, exhibits, recommendations, design reports,
plans, specif ications, 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 INFORMATION
The ENGINEER shall not issue any statements, releases or
information for public dissemination without prior approval of the
OWNER.
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II' A.
9.12 PROPRIETARY RIGHTS
If patentable discoveries or inventions should result from work
required herein, all rights accruing from such discoveries or
inventions shall be joint property of the ENGINEER and the OWNER.
Provided that the OWNER, state agencies or political subdivisions
and the United states Government shall have the irrevocable,
nonexclusive, nontransferable and royalty-free license to use each
invention in the manufacture, use and disposition, according to
law, of any article or material, and in the use of any method that
may be developed as part of the work described and contemplated
herein.
9.13 RECORDS
The ENGINEER shall maintain accounting records and other evidence
pertaining to the cost incurred and to make the records available
at all reasonable times during the contract 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 ATTORNEY'S FEES 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 MODIFICATIONS AND AMENDMENTS
That any amendment or modification of this Contract or any
provisions herein shall be made 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.
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CITY OF BOZEMAN, MONTANA
~ ~)
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-l\.- \.,\.,,,--l.:L~/C_. [li C
(City Manager)
BY:
DATE: August 7. 1995
ATTEST:
APPROVED AS TO FORM
BY: ~#
(City t ney) ,
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ENGINEER
BY: <~i~) :f~
i - 9 - 9S-
DATE:
".
10.4.
CLARIFICATIONS AND INTERPRETATIONS
ENGINEER will issue with reasonable promptness such written
clarifications or interpretations of the requirements of the
contract Documents (in the form of Drawings or otherwise) as
ENGINEER may determine necessary, which shall be consistent with or
reasonably inferable from the overall intent of the Contract
Documents. If CONTRACTOR believes that a written clarification or
interpretation justifies an increase in the Contract Price or an
extension of the contract Time and the parties are unable to agree
to the amount or extent thereof, CONTRACTOR may make a claim
therefor as provided in the General provisions of the construction
Contract Document.
10.5.
AUTHORIZED VARIATIONS IN WORK
ENGINEER may authorize minor variations in the Work from the
requirements of the Contract Documents which do not involve an
adjustment in the Contract Price or the contract Time and are
consistent with the overall intent of the Contract Documents.
These may be accomplished by a Field Order and will be binding on
OWNER, and also on CONTRACTOR who shall perform the Work involved
promptly. If CONTRACTOR believes that a Field Order justifies an
increase in the Contract Price or an extension of the Contract Time
and the parties are unable to agree as to the amount or extent
thereof, CONTRACTOR may make a claim therefor as provided in the
General Conditions of the construction contract.
10.6.
REJECTING DEFECTIVE WORK
ENGINEER will have authority to disapprove or reject Work which
ENGINEER believes to be defective, and will also have authority to
require special inspection or testing of the Work as provided in
the General provisions of the construction Contract Document
whether or not the work is fabricated, installed, or completed.
10.7.
SHOP DRAWINGS, CHANGE ORDERS AND PAYMENT
10.7.1. The ENGINEER's responsibility for Shop Drawings and
samples shall comply with the shop drawing provisions of the
General provisions of the construction Contract Document
10.7.2. The ENGINEER's responsibilities for Change Orders
shall comply with the change order provisions of the General
provisions of the construction Contract Document.
10.7.3. The ENGINEER's responsibilities for
Application for Payment shall comply with
provisions of the General provisions of the
Contract Document
contractor's
the payment
construction
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10.8.
DETERMINATIONS FOR UNIT PRICES
ENGINEER will determine the actual quantities and classifications
of unit Price Work performed by CONTRACTOR. ENGINEER will review
with CONTRACTOR the ENGINEER's preliminary determinations on such
matters before rendering a written recommendation thereon (by
recommendation of an Application for Payment or otherwise) to
OWNER.
10.9.
DECISION ON DISPUTES
10.9.1. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims, disputes and
other matters relating to the acceptability of the Work or the
interpretation of the requirements of the Contract Documents
pertaining to the performance and furnishing of the Work and
claims under The General Conditions of the Construction
Contract in respect of changes in the Contract Pr ice or
Contract Time will be referred initially to ENGINEER in
writing with a request for a formal decision in accordance
with this paragraph, which ENGINEER will render in writing
within a reasonable time. written notice of each such claim,
dispute and other matter shall be promptly reported and copied
to the OWNER.
10.9.2. When functioning as interpreter under paragraphs
10.8 and 10.9.1, ENGINEER will not show partiality to OWNER or
CONTRACTOR and will not be liable in connection with any
interpretation or decision rendered in good fai th in such
capacity. The rendering of a decision by ENGINEER pursuant to
paragraphs 10.8 and 10.9.1 with respect to any such claim,
dispute or other matter will be a condition precedent to any
exercise by OWNER or CONTRACTOR of such rights or remedies as
either may otherwise have under the contract Documents or by
Laws or Regulations in respect of any such claim, dispute or
other matter.
10.10.
LIMITATIONS ON ENGINEER'S RESPONSIBILITIES
10.10.1. Neither ENGINEER's authority to act under this
Article or elsewhere in the contract Documents nor any
decision made by ENGINEER in good faith either to exercise or
not exercise such authority shall give rise to any duty or
responsibility of ENGINEER to CONTRACTOR, any Sub-contractor,
any Supplier, or any other person or organization performing
any of the Work, or to any surety for any of them.
10.10.2. Whenever in the Contract Documents the terms "as
ordered", "as directed", "as required", "as allowed", "as
approved" or terms of like effect or import are used, or the
adjectives "reasonable", "suitable", "acceptable", "Proper" or
"satisfactory" or adjectives of like effect or import are used
to describe a requirement, direction, review or judgment of
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ENGINEER as to the Work, it is intended that such requirement,
direction, review or judgment will be solely to evaluate the
Work for compliance with the Contract Documents (unless there
is a specific statement indicating otherwise). The use of any
such term or adjective shall not be effective to assign to
ENGINEER any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or authority
to undertake responsibility contrary to the provisions of
paragraph 4.5.3.
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This Exhibit is attached to, made a part of and
reference with the Agreement made on
between CITY OF BOZEMAN (OWNER) and MSE-BKM,
providing for professional engineering services.
incorporated by
, 1995,
Inc. (ENGINEER)
EXHIBIT B
TO AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES
A LISTING OF THE DUfIES, RESPONSmILITlES AND
LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT
REPRESENTATIVE.
ARTICLE 11 - DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY
OF THE RESIDENT PROJECT REPRESENTATIVE
ENGINEER shall furnish a Resident Project Representative (RPR),
assistants and other field staff to assist ENGINEER in observing
performance of the work of contractor.
Through more extensive on-site observations of the work in progress
and field checks of materials and equipment by the RPR and
assistants, ENGINEER shall endeavor to provide further protection
for OWNER against defects and deficiencies in the work of
CONTRACTOR; but, the furniShing of such services will not make
ENGINEER responsible for or give ENGINEER control over construction
means, methods, techniques, sequences or procedures or for safety
precautions or programs, or responsibility for CONTRACTOR's failure
to perform the Work in accordance with the Contract Documents and
in particular the specific limitations set forth in section 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 on-site work shall in general be with ENGINEER and CONTRACTOR
keeping OWNER advised as necessary. RPR's dealings with
subcontractors shall only be through or with the full knowledge and
approval of CONTRACTOR. RPR shall generally communicate with OWNER
with the knowledge of and under the direction of ENGINEER.
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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 Meetinqs: Attend meetings with
CONTRACTOR, such as preconstruct ion 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
details or information, when
execution of the Work.
from OWNER additional
required for proper
11.2.4.
Shop Drawinqs and Samples:
11.2.4.1. Record date of receipt of Shop Drawings and
samples.
11. 2.4.2. Receive samples which are furnished at the site
by CONTRACTOR, and notify ENGINEER of availability of
samples for examination.
11.2.4.3. Advise ENGINEER and CONTRACTOR of the
commencement of any Work requiring Shop Drawing or sample
if the submittal has not been approved by ENGINEER.
11.2.5. Review of Work. Reiection of Defective Work.
Inspections and Tests:
11.2.5.1. Conduct on-site observations of the Work in
progress to assist ENGINEER in determining if the Work is
in general proceeding in accordance with the Contract
Documents.
11.2.5.2. Report to ENGINEER whenever RPR believes that
any Work is unsatisfactory, faulty or defective or does
not conform to the contract Documents, or has been
damaged, or does not meet the requirements of any
inspection, test or approval required to be made; and
advise ENGINEER of Work that RPR believes should be
corrected or rejected or should be uncovered for
observation, or requires special testing, inspection or
approval.
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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 adequate records thereof; and
observe, record and report to ENGINEER appropriate
details relative to the test procedures and startup.
11.2.5.4. Accompany visiting inspectors representing
public or other agencies having jurisdiction over the
Project, record the results of these inspections and
report to ENGINEER.
11.2.6. InterDretation of Contract Documents: Report to
ENGINEER when clarifications and interpretations of the
Contract Documents are needed and transmit to CONTRACTOR
clarifications and interpretations as issued by ENGINEER.
11.2.7. Modifications: Consider and evaluate CONTRACTOR's
suggestions for modifications in Drawings or Specifications
and report with RPR's recommendations to ENGINEER. Transmit
to CONTRACTOR decisions as issued by ENGINEER.
11.2.8.
Records:
11. 2.8.1. Maintain at the jOb site orderly files for
correspondence, reports of job conferences, Shop Drawings
and samples, reproductions of original Contract Documents
including all Work Directive Changes, Addenda, Change
Orders, Field Orders, additional Drawings issued
subsequent to the execution of the Contract, ENGINEER's
clarifications and interpretations of the Contract
Documents, progress reports, and other Project related
documents.
11.2.8.2. Keep a detailed and accurate diary or log book,
recording CONTRACTOR hours on the jOb site, weather
conditions, prime and subcontractor daily work force,
daily log of equipment onsite or on standby, data
relative to questions of Work Directive changes, Change
Orders or changed conditions, list of jOb site visitors,
daily activities, decisions, observations in general, and
specific observations in more detail as in the case of
observing test procedures; and send copies to ENGINEER.
11.2.8.3. Record names, addresses and telephone numbers
of all CONTRACTORS, subcontractors and major suppliers of
materials and equipment.
11.2.9.
Reports:
11.2.9.1. Furnish ENGINEER periodic reports as required
of progress of the Work and of CONTRACTOR's compliance
with the progress schedule and schedule of Shop Drawing
and sample submittals.
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11.2.9.2. Consult with ENGINEER in advance of scheduled
major tests, inspections or start of important phases of
the Work.
11.2.9.3. Draft proposed Change Orders and Work Directive
Changes, obtaining backup material from CONTRACTOR and
recommend to ENGINEER Change Orders, Work Directi ve
Changes, and Field Orders.
11.2.9.4. Report immediately to ENGINEER and OWNER upon
the occurrence of any accident.
11.2.10. Payment Reauests: Review applications for payment
with CONTRACTOR for compliance with the established procedure
for their submission and forward with recommendations to
ENGINEER, noting particularly the relationship of the payment
requested to the schedule of values, Work completed and
materials and equipment delivered at the site but not
incorporated in the Work.
11.2.11. certificates. Maintenance and Operation Manuals:
During the course of the Work, verify that certificates,
maintenance and operation manuals and other data required to
be assembled and furnished by CONTRACTOR are applicable to the
items actually installed and in accordance with the Contract
Documents, and have this material delivered to ENGINEER for
review and forwarding to OWNER prior to final payment for the
Work.
11.2.12. Completion:
11.2.12.1. Submit to CONTRACTOR, and ENGINEER a list
of observed items requiring completion or correction
before ENGINEER may issue a Certificate of Substantial
Completion.
11.2.12.2 Assess completion or correction of items
noted under 11.2.12.1, advise ENGINEER on their status,
and make recommendation to Engineer regarding issuance of
a Certificate of Substantial completion.
11. 2 .12.3. conduct final inspection in the company of
ENGINEER, OWNER, and CONTRACTOR and prepare a final list
of items to be completed or corrected.
11.2.12.4. Observe that all items on final list have
been completed or corrected and make recommendations to
ENGINEER concerning final acceptance.
-4-
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06105/95
11. 3 .
LIMITATIONS OF AUTHORITY
# I I ..
Resident project Representative:
11.3.1. Shall not authorize any deviation from the Contract
Documents or substitution of materials or equipments, unless
authorized by ENGINEER.
11. 3.2. Shall not exceed limitations of ENGINEER's authority
as set forth in the Agreement or the Contract Documents.
11.3.3. Shall not undertake any of the responsibilities of
CONTRACTOR, subcontractors or CONTRACTOR's superintendent.
11. 3.4. Shall not advise on, issue directions relative to or
assume control over any aspect of the means, methods,
techniques, sequences or procedures of construction unless
such advice or directions are specifically required by the
contract Documents.
11.3.5. Shall not advise on, issue directions regarding or
assume control over safety precautions and programs in
connection with the Work.
11.3.6. Shall not accept Shop Drawing or sample submittals
from anyone other than CONTRACTOR.
11.3.7. Shall not authorize OWNER to occupy the Project in
whole or in part.
11.3.8. Shall not participate in specialized field or
laboratory tests or inspections conducted by others except as
specifically authorized by ENGINEER.
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F: \ WP\02\M229129\JAR041 09 .RPT
06105/95
HKM Associates
Engineers I Planners
EXHIBIT C
U\BOR HOURS AND COSTS
PROJECT NO.: 2M229.129
PROJECT NAME: DURSTON ROAD
Proj eel Senior Staff ! Sen for I T01AlOF
Principal Manager P roles siona I P rolession al Techniclan Tech n icia n S LlPPort/Clerlcal 2-Man Survey TOTAL lABOR TOTAL lABOR
TASK Hrs@ Total Hrs@ TOlal Hrs@ Tolal Hrs@ Total IHrs @ TOlal iHrs @ Total Hrs @ TOlal I Hrs @ TOlal EXPENSES AND
$103 Cost $64 Cost $58 Cost $45 Cost $42 Cost $32 Cost $29 Cost , $74 Cost Hours Cost EXPENSES
PROJECT ADMINISTRATION 8,0 $827 10.0 $636. 30.0 $1,749: I 48,0 $3,212 $3,212
Schedu lel Coordination llnvoicin.n
;
PRE DESIGN INVESTIGATiON $9,990 $9,990
Data Acquisition , $15 $1!!
Traffic Cou nts , -
Own ership (* 35) 2,0 $90 4,0 $170 6,0 $260 $20 $280
Plats & RfW (* 8) 2,0 $90 4,0 $170 6,0 $260 $35 $295
As -Suilts (*2\ ! 2.0 $90 2.0 $90 $60 $150
G8<ltec h I nlo, 2.0 $90 . 2.0 $90 $60 $150
I i
Maopinq
Perm iss ion 2,0 $117 4.0 $117 8,0 $233 $40 5273
Field Survey ; I 8,0 $339 75.0 $5,585 83,0 $5,904 $1,150 $7,054
Mappino fRlW 8.0 $466, 70,0 $2,968 78,0 $3,434 $700 $4,134
Intersection s (* 4)
Design Volu mes 2,0 $117 2.0 $117 $117
Geometries *2 EA 4,0 $233 8.0 $339 12,0 $572 $80 $652
Impacts , 8,0 $466 16,0 $721 ' 16.0 $678, 40,0 $1866 $200 $2 066
j
R oa<lwa v Recon stru ction
Minimum Improvements 4.0 $233' 16,0 $678 ; 20.0 $912 $180 $1,072
Des iroo I me r<>la m ants , 4.0 $233, 16,0 $678 20.0 $912 $180 $1072
Impacts i 8.0 $486 18.0 $72t I 24.0 $1,187 $1,187
I
Cost Su mmarv 4,0 $233 24.0 $1061 4,0 $117' 32,0 $1431 $70 $1,501
, !
R ~ ort/Exh b its 8,0 $466 B,O $360' 16.0 $678: 18.0 $486 48,0 $1,972 $420 $2,392
,
- . RNiew Mee~.4) --
!
Exis ti no Data , 8.0 $486, 2,0 $85 10.0 $551 $145 $696
----- Design Conc~ts 8.0 $466. 2,0 $85 to.O $551 $145 $696
----- ~ort Review 1 8.0 $466 2,0 $85 10,0 5551 $145 $896
Co.~~issiQrI Preset!..~tion_ __~__..i....-_ 8,0 $466 2,0 $85 10,0 S551 $145 $896
I ,
I(' AL';' 6,0 5827 10.0 $836 114,0 $8.646 72,0 $3 244' 168.0 S7 038 24.0 $700 75,0 $5 585 489,0 $24 658 $13740 . 538 396
..
F :\DA ~ A\02\M229129\DURSTi'l'1D WK3
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08-Mar-9S
HKM Associates
En glneers I Planners
EXHIBIT C
DIRECT COSTS
PROJECT NO.: 2M229.129
PROJECT NAME: DURSTON ROAD
I :MATERIALSII COMPU -I'~ S OUTS1ul::
PER PHONE! SUPPLlESI , REPRO- WP/PC CAD EQUIPMENT CONSULT. TOTAL
TASK lRAVEL DIEM FAX POSTAGE} i DUCTIONS HRS@ TOTAL HRS@ TOTAL RENTAL (MARVIN) EXPENSES
FREIGHT I 510.00 COST $10.00 COST
PROJECT ADMINISlRATION i I i
Schedule/ Coordina~on I Invoicing :
PRE DESlGN INVESTIGATION $9,990 $9,990
Data Acou isi~on $15 $15
Traffic Cou nts ,
Ownership .35) $10 $10 , $20
Plats & R/W .S $10 $25 $35
As -Builts '2\ $10 $50 $60
Geotec h Info. $10: $50 $60
, ; I
MappinQ ;
P ermis s i on 4.0 $40 $40
Field S u rvev $175 $900 $5 $25 $25 2.0 $20 $1,150
Mappino / RNI 70.0 $700 $700
i
Intersections {. 4) I
Des io n Volu mes
Geometries .2 EA) i 8.0 $80 $80
I mDacts 4.0 $40 16.0 $160 $200
R oedwav Reco n structl Dn
Minimum Improvements 1S.0 $160 $180
Deslre::l ImDrOiem ents 18.0 $160 $180
Impacts ;
i
Cost Su mmarv $15 $15 4.0 $40 $70
R ep ort/Exh bits $100 16.0 $160 16.0 $160 $420
, I
Review Meetinas'r'4\
Exi s:i nQ Data $100 $10 $5' $10 2.0 $20 $145
Design CDncepts $100 $10 $5 $10 2.0 $20 5145
Reoort Review $100- $10 $5 $10 2.0 520 $145
Co m mis s ion P resenta ~o n 5100 $101 $5 $10 2.0 $20 , $145
T I
o AlS: $575 $955 $651 <1:40 $315 30.0 ~300 150.0 $1500 $9 990 513 740
.
~
F:IDA T AI02\M229129IDURST~O. WK3
- 1-
OS-Mar-95
4 J I "
. t . ".,
DURSTON ROAD, N 19th TO N 7th INTERSECTION IMPROVEMENT PROJECT
SCOPE OF WORK AND ESTIMATE OF ENGINEERING COSTS - 4 INTERSECTIONS
MARVIN & ASSOCIA rES ENGINEER TECH/CAD
Rate" $50 Rate = $38 SUBTOTAL DIRECT
PHASE & TASK DESCRIPTION Manhours Manhours LABOR COSTS TOTAL
PHASE ,- DESIGN
4.1 PRE-DESIGN INVESTIGA TION:
,. Collect and summarize existing data 4 $200.00 $200.00
2. Conduct traffic & pedestrian volume counts 8 8 $704.00 $86.00 $790.00
gap studies for ped x-Ings, & signal hardware Invent
3. Modify QRSII Model to Provide Corridor Scenario 36 4 $1,952.00 $1,952.00
Analysis for future volume range & time periods.
4. Perfonn signal warrant analysis & evaluate trafflc 20 $1,000.00 $1,000.00
control systems within the corridor design life.
5. Develop concepts alternatives, basic lane geometry, 18 16 $1,508.00 $30.00 $1,538.00
and trafflc control features, 2 alternates at each.
6. Capacity calculations to define 16 $800.00 $800.00
minimum lane geometry and controls.
7. Develop & evaluate corrIdor wide Improvement 18 10 $1,280.00 $30.00 $1,310.00
alternatives, minimum of two.
8. Evaluate alternate levels of operation 16 $800.00 $800.00
Improvements regarding efflclency & assist w/costs.
9. Assist In preparing pnrdeslgn report with 24 10 $1,580.00 $20.00 $1,600.00
recommendations for project scope.
10. Attend meetings & present pertinent material 24 $1,200.00 $120.00 $1,320.00
$166;00 $9;990.00.
> ,
'-.
AMENDMENT NO.1 TO PROFESSIONAL SERVICES AGREEMENT
Durston Road Improvements (North 7th - North 19th)
THIS AGREEMENT made as of the 19th day of
June
, 2000, between THE CITY
OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, herein referred to as OWNER
and MSE-HKM, Inc., P.O. Box 313 18, Billings, Montana, 59107-1318, herein referred to as
ENGINEER.
WHEREAS, the parties have entered into a Professional Services Agreement dated
August 7, 1995, herein referred to as Original Agreement, for professional engineering services
for the improvements to Durston Road (North 7th - North 19th); and
WHEREAS, the parties desire to amend the provisions of this Agreement,
NOW, THEREFORE, IN CONSIDERA nON OF THE MUTUAL COVENANTS
CONT AINED HEREIN, the parties agree as follows:
1. Section 1.1. first sentence. strike the words "specific proiect" and repl~ce with Pre-Design
Investigation" .
2. Add the following to paragraph 1.2:
"The scope of work for the design, bidding and construction phases of the project is
described under Article 4 and as modified by this amendment and any subsequent
amendments. "
3. Add the following paragraph to section 4.2.1:
"Provide Contract Documents for the reconstruction of Durston Road from the west side
of North ih to the east side of North 19th. The proposed section, approved by the City
Commission, is a 3-lane, 60-foot, Minimum Width Section - wI Bike Lanes. Parking on
11th and 15th is to be eliminated for a distance of 125 feet back of the intersection to
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introduce a left turn bay. All work is to be accomplished within the present right of way,
there wilI be no purchase of additional right of way.
.. l
4. Delete 4.2.3.2. Temporary water and sewer do not apply to this proiect.
5. Add section 4.2.3.6.
"Investigate the feasibility of constructing a new storm system for Durston. A review of
the sheets 2-7 and 2-9 of the 1982 Storm Drain Master Plan shows five key outlet points
north of Durston.
.
IS-inch RCP at 18th Avenue North.
3~-inch pipe at approximately 14th Avenue North that outlets to an existing ditch
system.
40" x 65" RCPA at 11th that is part of the Spring Creek drainage and carries both
wastewater from irrigation and storm runoff from areas south of Durst on.
22" x 36" pipe at between 8th and 9th that outlets to an existing ditch system.
24-inch pipe that outlets on the hillside north of Durston between ih and 8th. This
drains a segment ofih Avenue that may extend as far north as Main Street.
.
.
.
.
The Preliminary Design Report will focus on the contributing areas that currently drain to
inlets and culverts along Durston and establish the predevelopment discharge rate of the
roadway or existing Durston collection system at the key outlet points identified above.
Existing drainage patterns will be defined using contour maps, atlas maps, as-built
construction drawings and aerial photography supplied by the Owner, along with any
relevant calculations. From this information we will determine the predevelopment
discharge rate for each of the discharge points identified as part of the present Durston
collection system. Existing drainage patterns from offsite storm drainage and irrigation
return flows will be maintained where practical to do so.
Stormwater runoff detention is beyond the scope of this project. We will continue to
direct runoff to the existing points of discharge that it has historically followed.
Conceptually the new system wilI continue to utilize the system at 18th as it is presently,
however the remaining areas will drain to a low point created at 14th and the natural low
point at approximately 9th Avenue North. The 40" x 65" RCPA at 11th carries a
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\\HKM\PROJECT\DA TA\02\M229129\AMEND1.DOC
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combination of both storm water and irrigation flows with little or no contribution from
Durston. It is assumed to be of adequate capacity and therefore will be replaced with a
culvert of equal or greater capacity. The 22" x 36" RCPA crossing between 8th and 9th
was recently evaluated and a recommendation made to correct existing drainage
problems. Our scope and budget reflects the incorporation of those recommendations
into the project and assumes that no further design calculations are required. It is
assumed that all of the receiving systems have adequate capacity to handle any increase
in discharge from the proposed improvements. This scope assumes that the 24-inch
culvert that presently outlets north of Durston and just west of 7th would be perpetuated.
If the project wanted to look at incorporating this drain into a new east-west Durston
system that work would completed under a supplemental agreement.
There are two cross culverts between what would be approximately lih and 13th Avenues
North that serve as drains for Durston but also appear to be part of the local irrigation
systems. Since the proposed section for Durston is to be a curb and gutter, it may be
possible to eliminate these cross drains if they are no longer used for irrigation. Our
involvement concerning the elimination of these cross drains will be limited to
discussions with the owner, contacts with landowners in the immediate area and with
those individuals having direct responsibility for maintenance and operation of the ditch.
From these conversations we will make a recommendation to the Owner regarding the
elimination or perpetuation of the culverts. The negotiation of any "Quit Claim" or other
agreement is beyond the scope of services. Should the culverts need to be perpetuated,
we have assumed that these culverts will be replaced with culverts of similar size
requiring no additional design.
2." Delete section 4.2.5 entirely and replace with the following~
Our proposal only includes minimal time to address applicable portions of the DEQ
permit allowing Stormwater Discharge Related to Construction Activity. The successful
contractor will have to complete the permit application and submit it with the appropriate
fee prior to the Notice to Proceed. We do not foresee the need to coordinate or acquire
permits/licenses from any other agencies.
This project is to stay within the existing right of way with the only exceptions being
incidental disturbance beyond the right of way limits requiring construction easements
and the drainage easement for the Palfy parcel. The Owner also hopes to obtain, through
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\\HKM\PROJECT\DA T A \02\M229129\AMEND1.DOC
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donation, additional right of way on the north side of Durston to accommodate
construction ofa 5-foot boulevard on either side of the street. Since the scope of this task
is somewhat undefined at this time, we have omitted this item from the scope and budget
and will address this as an additional service at a later date when the scope can be
defined.
Memorandums of Title are not part of the scope and budget at this time but will be added
as an additional service as the need arises.
7. Add the following to section 4.2.6:
The field investigation will initially involve approximately 7 borings along the proposed
alignment to a depth of five to ten feet. Soil samples retrieved from the field
investigation will undergo the following tests:
Number of Samples
Tests Performed
20
4
2
4
2
2
Natural Moisture Content
Sieve Analysis, Atterberg limits.
Corrosivity Potential
Standard Proctor (Method A)
California Bearing Ratio of Compacted Soils
Unconfined Compressive Strength
A summary of observations, test results and recommendations will be included in the
Design Report and will address:
. Subsurface soil and groundwater conditions.
. An evaluation of pavement section alternatives.
. Geotechnical recommendations regarding culvert installations.
. Recommended construction procedures and quality control measures related to
sub grade preparation and general earthwork.
. Groundwater and drainage recommendations.
A pavement design will be done in accordance with AASHTO Method of Flexible
Pavement Design using the available truck traffic data and subgrade strength information.
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8. Add section 4.2.10
Storm Drain Design
The storm drain system for Durston will be designed in accordance with the City of
Bozeman's Policy Statement No.1, Storm Drainage Design Criteria including any
subsequent revisions adopted prior to this contract. For purposes of preparing the scope
and budget we have assumed that the project will for the most part perpetuate the existing
system of inlets, culverts and ditches. If the design report identifies improvements
outside the project limits that are necessary to comply with the City's Master Plan or to
eliminate specific problems, the additional design effort associated with these
improvements will be covered by a supplement agreement.
9. Add section 4.2.11
Utility Coordination
The Engineer will contact all affected utilities after the completion of the Design Report
and again when preliminary roadway plans are completed. The Engineer's search is
limited to the records made available by the utility companies and field survey data
obtained. The cost for equipment, labor and temporary traffic control to perform
exploratory excavation and survey for utility locates is not included in this scope of work.
10. Add section 4.2.12
Lighting Design
Lighting design on Durston between ih Avenue North and 19th Avenue North will be
completed as part of this project. The final lighting layout including pole spacing,
mounting height and mast arm length will be referenced in the Preliminary Design
Report.
11. Add section 4.2.13
Environmental Considerations
Environmental services or permitting, including identifying and dealing with hazardous
waste material, is not expected to be required for this project, therefore it is not within
this scope of work.
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12. Add section 4.2.15
Public Open House Meetings
The scope at this time includes two meetings. The first would be held during the development of
the preliminary Design Report to discuss the project in general and to raise the question of
additional right-of-way to accommodate boulevard sidewalks. The second would be held
following the preliminary design submittal to discuss design and construction permit issues.
13. Delete Article 6 "Compensation for Engineering Service" entirely and replace with the
following:
6.1 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES
OF ENGINEER
6.1.1 The OWNER shall pay for design phase services performed as Basic Engineering
Services under sections 4.1 through 4.4 of this agreement a direct labor cost payment in
the amount of $177.370 for such services.
6.1.2 Payment Schedule. Total cumulative payments for the design phase engineering
services (section 4.1 through 4.4) shall not exceed the following ceilings:
$38.396.00 until the Pre-design Investigation Report has been submitted to the OWNER.
Note: This phase is complete and payment has been received.
$124.159 (70% of design fee) until Preliminary Design Report and Preliminary Plans and
Specifications have been submitted to the OWNER and review authorities.
$159.633 (90% of design fee) until the Final Plans and Specifications have been
submitted to the OWNER and review authorities.
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6.1.3 General. Engineer shall submit monthly statements for services rendered. The
statements shall be based upon Engineer's estimate of the proportion of the total services
actually completed at the time of billings, subject to any limitations on Payments based
on completion of tasks or specific retainage requirements pursuant to the payment
provisions of the Agreement.
6.1.4 Reimbursable 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 doeumentation services perfoD11ed 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 $160,672.00 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 Labor Cost times a factor of 3.03 for scrvices rcndered
which shall cover Direct Labor, Dircct Labor Overhead, General &
Administrative Overhead and Profit.
6.2.1.2 Notification. At any time during the construction that it becomes apparent
that the Construction Phase and Project Documentation Serviccs rendcred under
this Agreement will exceed the negotiated compensation for these services, and
prior to perf0l111ing services in excess of the contract ceiling, the ENGINEER
shall give OWNER written notice thereof. Promptly thereafter OWNER and
ENGINEER shall review the scope and progress of the project work.
ENGINEER shall obtain written authorization from OWNER, prior to any
-7-
H:\DATA\02\M229129\AMEND1 DOC
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. ~
additional eosts being incurred under paragraph 6.2.1.3. If it is determined that
due to a change in project scope under paragraph 5.2.1, the ENGINEER is entitled
to additional compensation, OWNER and ENGINEER may negotiate terms as
provided under 6.2.1.1. The amount and terms of any additional compensation
under 6.2.1.1 or 6.2.1.3 shall be negotiated and agreed in writing pursuant to 9.16.
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,
the OWNER shall pay only for the direct costs incurred in excess of the estimated
compensation. These costs consist of an amount equal to the ENGINEER'S
Direct Labor Cost times a factor 01'2.63 for services rendered which shall include
Direct Labor, the federally audited payroll Direct Labor Overhead, and General &
Administrative Overhead costs, but shall not include any allowance for profit.
6.2.2 Reimbursable Expenses. as defined in section 7.4 of this Agreement, for Basic
Services and Approved Additional Services shall be paid to the ENGINEER by the
OWNER in actual amount of the costs incurred up to an amount not to exceed
$15.620.00 which includes $7.360.00 for consultants employed by the Engineer and
$8.260.00 for all other reimbursable expenses. The estimated reimbursable expenses are
identified in Exhibit "D".
6.2.3 Failed Test Expenses. The ENGINEER shall maintain and provide to the
OWNER, a record of the costs associated with failing quality control tests performed for
the OWNER during the course of the construction of the project and recommend an
amount the OWNER deduct from the contractor(s) payments.
6.2.4 The OWNER shall pay an amount for Additional Services rendered by the
ENGINEER and approved in writing by the OWNER on the basis of the ENGINEER'S
Direct Labor Costs times a factor of 3.03, or an amount otherwise negotiated at the time
such services are requested and approved by the OWNER.
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14. Section 7.3. first sentence. insert the word "actual" before "salaries and wages. . .." Last
sentence. after the word "Engineer" add the words "Maximum Billable" and revise the direct
labor costs provided previously as follows:
Principals $ 40 /hour
Proj ect Manager $ 27 /hour
Senior Engineer $ 24 /hour
Staff Engineer $ 22 /hour
Senior Technicians $ 19 /hour
CADD Drafter $ 16 /hour
Technicians $ 14 /hour
Construction Inspector $ 18 /hour
Two Person Survey Crew $ 31 /hour
Clerical $ 12 /hour
Except as specifically amended herein, the Original Agreement on August 7, 1995; shall
remain in full force and effect and the parties shall be bound by all terms and conditions therein.
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\\HKM\PROJECT\DA TA \02\M229129\AMEND1 .DOC
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...
IN WITNESS WHEREOF, the parties hereto do make and execute this Agreement on the
day and year first above written.
ATTEST:
~JJ~
Robin L. Sullivan
Clerk of Commission
By:
.,./!
/. /
.//'
.' i /"'
./ ...." i
h~~
By:
H:\DATA\02\M229129\AMEND1-DOC
OS/22/00 @ 1: 17 PM
CITY OF BOZEMAN
BY:""-'"-'''~''''''''''''''~\ ------.--...-.
Clark Johnson
City Manager
ENGINEER
BY~ q) ~,
Its / t fb~s/dt AI f a&-
-10-
, ... . ,
't. ' I
. .
,
Exhibit "D"
Durston Road Improvcments, North 7th to North 19th
Construction and Project Documentation Services - Rcimbursable Expenscs (para. 6.2.2)
EXPENSE COST
Travel $470.00
Materials, Postagc and Supplies $1900.00
Reproductions $550.00
Equipment Rental
>Inspection Vehicle $2,150.00
>Nuclear Densometer $2,940.00
>Celluar Phone Service $250.00
Lab Testing
>Concrete $2,000.00
>Soils and Aggrcgate $500.00
>Asphalt By Contractor
Marvin and Associates (subconsultant)
>Labor $4,440.00
>Dircct Costs $420.00
TOTAL $15,620.00
__.___n
.",
.,
AMENDMENT NO.2 TO PROFESSIONAL SERVICES AGREEMENT
Durston Road Improvements (North 7th - North 19th)
THIS AGREEMENT made as ofthe 12th day of
November, 2002, between THE CITY
OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, herein referred to as OWNER
and HKM, Engineering Inc., P.O. Box 31318, Billings, Montana, 59107-1318, herein referred to
as ENGINEER.
WHEREAS, the parties have entered into a Professional Services Agreement dated
August 7, 1995, herein referred to as Original Agreement, for professional engineering services
for the improvements to Durston Road (North 7th - North 19th); and
WHEREAS, the parties desire to amend the provisions ofthis Agreement,
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONT AINED HEREIN, the parties agree as follows:
1. Revise Article 6 "Compensation for Engineering Service" as follows:
6.1 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES
OF ENGINEER
6.1.1 The OWNER shall pay for design phase services performed as Basic Engineering
Serviccs under sections 4.1 through 4.4 of this agreement a direct labor cost payment in
thc amount of$235.299 for such services.
6.1.2 Paymcnt Schedule. Total cumulative payments for the design phasc engineering
serviccs (section 4.1 through 4.4) shall not exceed the following ceilings:
$38,396.00 until the Pre-design Investigation Report has been submitted to the OWNER.
Note: This phase is complete and paymcnt has been rcceived.
-1-
H:\02\M229129\AMEND2.doc
10/16/02 @ 11 :36 AM
';
$164.709 (70% of design fee) until Preliminary Design Report and Preliminary Plans and
Specifications have been submitted to the OWNER and review authorities.
$211.769 (90% of design fee) until the Final Plans and Specifications have been
submitted to the OWNER and review authorities.
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 $185.319 except as provided under 6.2.1.2 and 6.2.4.
6.2.2 Reimbursable Expenses, as defined in section 7.4 of this Agreement, for Basic
Serviccs and Approved Additional Services shall be paid to thc ENGINEER by the
OWNER in actual amount of the costs incurred up to an amount not to exceed
$59.666.50 which includes $36,880.00 for consultants employcd by the Engineer and
$8,260.00 for all other reimbursable expenses. The estimated reimbursable expenses are
identified in Exhibit "D".
2. Section 7.3. revise the direct labor costs provided previously as follows:
Principals $ 40 /hour
Projcct Manager $ 30 /hour
Senior Engineer $ 28 /hour
Staff Engineer $ 24 /hour
Scnior Technicians $ 20 /hour
CADD Drafter $ 17 /hour
Technicians $ 16 /hour
Construction Inspector $ 19 /hour
Two Person Survey Crew $ 36 /hour
Clerical $ 14 /hour
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Except as specifically amended herein, the Original Agreement on August 7, 1995 and
any subsequent amendments shall remain in full force and effect and the parties shall be bound
by all terms and conditions therein.
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IN WITNESS WHEREOF, the parties hereto do make and execute this Agreement on the
day and year first above written.
ATTEST:
~J~
Robin L. Sullivan
Clerk of Commission
ATTEST:
By:
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CITY OF BOZEMAN
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Clark Johnson
City Manager
ENGINEER /'
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By: '"'- ( )
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Exhibit "D"
Durston Road Improvements, North th to North 19th
EXPENSE COST
Travel $1,670.00
Materials, Postage and Supplies $2,000.00
Reproductions $1,650.00
Equipment Rental
> Inspection Vehic1e $2,160.00
>Nuc1ear Densometer $2,940.00
>Cellular Phonc Service $250.00
Lab Testing
>Concrete $2,760.00
>Soils and Aggregate $1,000.00
>Asphalt $6,000.00
Marvin and Associates $36,880.000
>SK Geotechnical $1,606.50
>Allicd Title $750.00
TOTAL $59,666.50
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