HomeMy WebLinkAbout95- MSE-HKM Professional Services Agreement (4)
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PROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made as of August 7 , 1995, between THE
CITY OF BOZEMAN, a Municipal corporation, Bozeman, Montana, 59771-
0640 (OWNER) and MSE-HRM, Inc., P.O. Box 31318, Billings, Montana
59107 (ENGINEER).
Whereas the accomplishment of the work and services described in
this Agreement is essential to the OWNER I S public works improvement
program.
Whereas the OWNER intends to install traffic signals at the
intersection of East Main Street and Highland Boulevard, 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:
The project is to develop construction plans, specifications, and
opinion of construction cost for signalization of the intersection
of East Main Street and Highland Boulevard. Project improvements
are expected to include signal installation, pavement markings, and
signing. Widening of roadways or relocation/modification of
utilities is not anticipated.
Project mapping will be developed to include existing features and
utilities on all three legs of the intersection for a distance of
approximately 500 ft. Topographic information on the north side of
the intersection including the existing building and parking area
will be included.
The 1993 Transportation Plan will be reviewed to obtain predicted
traffic volumes for the roadways for a 10-15 year design period.
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Field traffic counts and turning movements will be obtained to
provide design information.
Traffic studies will include a signal warrant analysis and capacity
analysis.
Preliminary concepts developed for signalization
intersection will be presented to city staff and the
Department of Transportation (MDT) for review.
of the
Montana
No geotechnical investigation (field work, testing/analysis,
design) is anticipated.
All work is anticipated to take place within existing public right-
of-way. No new right-of-way or permanent easements are anticipated
to be required. Permits are expected to be limited to encroachment
permits from MDT for installation of project improvements.
Construction phase services will consist of limited observation of
key components of the project (foundations, concrete). Testing
will be limited to required tests on concrete used in the project.
Three review meetings are included in the project scope including
a city commission Presentation of the Preliminary Design Report,
the Preliminary Plan in Hand and Final Plan in Hand.
Inspection services during the construction phase are based on a 30
day construction contract with limited observation (5 hrs/wk) and
two full-time days for inspection of foundations and concrete work.
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.
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
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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 (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 ENGINEERING 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 define OWNER's
requirements for the Project and review available data.
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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
ci ty 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 30 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
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.
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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 with
for each task included in 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
wi th 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. Desiqn 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-Way: The ENGINEER shall
obtain approved permits, licenses, and/or easement agreements
from private landowners and any other agencies or entities
requiring similar approvals prior to bidding. These approvals
will be coordinated with the OWNER and will be made on
easement and permit documents approved by the OWNER.
Information and easement descriptions provided in the Basic
Engineering Services will be based on data available from
design surveys and courthouse ownership records.
4.2.6. Preliminary Plans and
preliminary construction plans
information which addresses the
project task.
Specifications. Prepare
and specifications with
special features of each
4.2.7. Based on the information contained in the
preliminary design documents, ENGINEER will submit a revised
opinion of probable Total Project Costs to the OWNER.
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4.2.8. 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
~ calendar days following written authorization from OWNER to
ENGINEER to proceed with that phase of services.
4.3 FINAL DESIGN PHASE
After written authorization to proceed with the Final Design Phase,
ENGINEER shall:
4.3.1. On the basis of the accepted Preliminary Design
documents and the revised opinion of probable Total Project
Costs, prepare for incorporation in the Contract Documents
final drawings and Technical Specifications of sufficient
detail to show the general scope, extent and detailed
character of the work to be furnished and performed by the
Contractor (s) 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) .
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The Final Phase will be complete and submitted with ~ calendar
days following written authorization from OWNER to ENGINEER to
proceed with that phase of services.
4.4 BIDDING OR NEGOTIATING PHASE
After written authorization to proceed with the Bidding or
Negotiating Phase, ENGINEER shall:
4.4.1. Assist OWNER in advertising for and obtaining bids
or negotiating proposals for construction contract (s) and
record prospective bidders to whom Bidding Documents have been
issued, receive and process deposits for Bidding Documents and
conduct pre-bid conferences.
4.4.2. Provide interpretation or clarification to
prospecti ve 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. consul t 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, specif ications 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
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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.
4.5.1.5. Prepare and provide weekly activity and
progress reports to the city's Task Director.
4.5.1. 6. ENGINEER shall provide OWNER copies of all
correspondence between the ENGINEER and Contractor.
4.5.1.7. Issue stop and resume work orders, in whole or
in part, when work is not or cannot be performed in
accordance with the Contract Documents.
4.5.1.8. Review and approve, for conformance with the
project technical specifications all shop drawings, and
other Contractor submittals required by the Contract
Documents.
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.
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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 proiect Representative. ENGINEER shall
provide a qualified Resident Project Representative at the job
site to provide observation of the work as provided in EXHIBIT
B - A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS
OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE., attached
to and made part of this Agreement.
The ENGINEER shall submit to the OWNER, for review and
acceptance, the resume of each Resident Project Representative
who may be assigned to the jOb site during the course of the
Project not less than 10 calendar days prior to the pre-
construction meeting. Any subsequent change in the resident
representative shall also be subject to the OWNER'S approval.
4.5.3. Limitations of Responsibilities. ENGINEER will not
be responsible for CONTRACTOR's means, methods, techniques,
sequences or procedures of construction, or the safety
precautions and programs incident thereto, and ENGINEER will
not be responsible for CONTRACTOR's failure to perform or
furnish the Work in accordance with the Contract Documents;
however, nothing contained in this agreement shall be
construed to release ENGINEER from liability for failure to
properly perform duties and responsibilities assumed by
ENGINEER in the Contract Documents.
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.
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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 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 significant 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 be paid therefor as
provided in this Agreement:
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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 f ire 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.
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 sections 4.1 through 4.4
of this agreement pay an amount not to exceed $15,756.00
except as provided for under 6.1.2.2 and 6.1.5.
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 $8,838.00 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
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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 Exceedinq 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
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 project 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.
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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
proj ect, 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
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 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
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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; however, payments shall not exceed
the ceilings provided in 6.1.2. Final payment shall be made only
after acceptance of the project by the OWNER. If OWNER disputes
the amount of the billing, OWNER will notify 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.
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
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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
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
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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.
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.
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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:
Tvoe of Coverage
Limits
Emolovers' Liability:
$ 100,000 per accident
General Liability:
Bodilv In;ury & Prooertv
Damaqe single and combined
$ 1,000,000 per accident
Automobile:
BodilY In;urv 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
Property 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
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Bodilv Iniurv & 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, 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 INFORMATION
The ENGINEER shall not issue any statements, releases 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 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.
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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.
CITY OF BOZEMAN, MON
.( ~ r
""-- \ I
BY. <0:'-, ... ,n ~~..:v (
(city Manager)
:~IN1:~e~ I~
DATE: 6 - 9 - 9(~-
DATE:
August 7, 1995
BY:
BY:
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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
ref erence with the Agreement made on , 1995,
between CITY OF BOZEMAN (OWNER) and MSE-HKM, Inc. (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 be required to make exhaustive or continuous on-
site inspections to check the quality or quantity of the Work.
ENGINEER's efforts will be directed toward providing for OWNER's
greater degree of confidence that the completed Work will conform
to the Contract Documents. On the basis of such visits and on-site
observations as an experienced and qualified design professional,
ENGINEER will keep OWNER informed of the progress of the Work and
will endeavor to guard OWNER against defects and deficiencies in
the Work.
10.3.
PROJECT REPRESENTATION
If OWNER and ENGINEER agree, ENGINEER will furnish a Resident
Project Representative to assist ENGINEER in observing the
performance of the Work. The duties, responsibilities and
limitations of authority of any such Resident Project
Representative and assistants will be as provided in EXHIBIT B, A
LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF
AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE.
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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 Price or
Contract Time will be referred initially to ENGINEER in
writing with a request for a formal decision in accordance
with this paragraph, which ENGINEER will render in writing
within a reasonable time. Written notice of each such claim,
dispute and other matter shall be promptly reported and copied
to the OWNER.
10.9.2. When functioning as interpreter under paragraphs
10.8 and 10.9.1, ENGINEER will not show partiality to OWNER or
CONTRACTOR and will not be liable in connection with any
interpretation or decision rendered in good faith in such
capaci ty. 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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EXHIBIT B
TO AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES
A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS
OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE.
This Exhibit is attached to, made a part of and incorporated by
reference with the Agreement made on , 1995,
between CITY OF BOZEMAN (OWNER) and MSE-HRM, Inc. (ENGINEER)
providing for professional engineering services.
ARTICLE 11 - DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY
OF THE RESIDENT PROJECT REPRESENTATIVE
ENGINEER shall furnish a Resident Project Representative (RPR),
assistants and other field staff to assist ENGINEER in observing
performance of the work of Contractor.
Through more extensive on-site observations of the work in progress
and field checks of materials and equipment by the RPR and
assistants, ENGINEER shall endeavor to provide further protection
for OWNER against defects and deficiencies in the work of
CONTRACTOR; but, the furnishing of such services will not make
ENGINEER responsible for or give ENGINEER control over construction
means, methods, techniques, sequences or procedures or for safety
precautions or programs, or responsibility for CONTRACTOR's failure
to perform the Work in accordance with the Contract Documents and
in particular the specific limitations set forth in section 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 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
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. Re;ection 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. Interpretation of Contract Documents: Report to
ENGINEER when clarifications and interpretations of the
contract Documents are needed and transmi t 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 Requests: Review applications for payment
with CONTRACTOR for compliance with the established procedure
for their submission and forward with recommendations to
ENGINEER, noting particularly the relationship of the payment
requested to the schedule of values, Work completed and
materials and equipment delivered at the site but not
incorporated in the Work.
11.2.11. Certificates. Maintenance and Operation Manuals:
During the course of the Work, verify that certificates,
maintenance and operation manuals and other data required to
be assembled and furnished by CONTRACTOR are applicable to the
items actually installed and in accordance with the Contract
Documents, and have this material delivered to ENGINEER for
review and forwarding to OWNER prior to final payment for the
Work.
11.2.12. Completion:
11.2.12.1. submit to CONTRACTOR, 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.
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11. 3 .
LIMITATIONS OF AUTHORITY
Resident Project Representative:
11.3.1. Shall not authorize any deviation from the Contract
Documents or substitution of materials or equipments, unless
authorized by ENGINEER.
11. 3.2. Shall not exceed limitations of ENGINEER's authority
as set forth in the Agreement or the Contract Documents.
11.3.3. Shall not undertake any of the responsibilities of
CONTRACTOR, subcontractors or CONTRACTOR's superintendent.
11. 3.4. Shall not advise on, issue directions relative to or
assume control over any aspect of the means, methods,
techniques, sequences or procedures of construction unless
such advice or directions are specifically required by the
Contract Documents.
11.3.5. Shall not advise on, issue directions regarding or
assume control over safety precautions and programs in
connection with the Work.
11.3.6. Shall not accept Shop Drawing or sample submittals
from anyone other than CONTRACTOR.
11.3.7. Shall not authorize OWNER to occupy the Project in
whole or in part.
11.3.8. Shall not participate in specialized field or
laboratory tests or inspections conducted by others except as
specifically authorized by ENGINEER.
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HKM Associates
Engineers I Planners
EXHIBIT C
LABOR HOURS AND COSTS
PROJECT NO.: 2M229.130
PROJECT NAME: HIGHLAND! E. MAIN
i P rOlect Sen lor :;tan Senior , TOTAL OF
P rin cipal Man"""" Professional P rofessiooal Tecnnlclan Technician Soooort/Cle rical 2 Man Survev TOTAL LABOR TOTAL LABOR
TASK Hrs@ Total Hrs@ Total Hrs@ Total Hrs @ Total Hrs @ Total Hrs @ Total Hrs @ Total ! Hrs @ Total EXPENSES AND
$103 Cost $64 Cost $58 Cost $45 Cost $42 Cost $32 Cost $29 Cost ' $74 Cost Hours Cost EXPENSES
PROJECT ADMINISTRATION
Schedule Coordination I n\fOlclri" 1.0 S103 2.0 S127 10.0 55B3. t 4.0 $117 17.0 .~e30 $930
Stbtotal 1. 51 2.0 $127 10.0 63 4. 511 1 .0 5e30 $93G.l
PRE DESIGN INV<=STIGATlON ! 52 490 $2 49C
,
De ta Acouls ilion
T raffle Cou nts
Owners nip
Plats & R/W
A. -Bu itts i I
Field SwvlW/Maoolno 2.0 $117 I 30.0 $1,272 21.0 $1558 53.0 $2 947 $550 $3 497
Ana Ivsls 1 Des 10 n
R a:l art / Exh ibits / Costs 2.0 $117 2.0 $58 4.0 $175 $100 $275
Coordi na Ie with MDT 2.0 <1:117 2.0 $117 $2{l $137
Stbtotal 6.0 <1:."50 30.0 <1:1272 2.0 $56 21.0 S1558 59.0 236 5.3.160 Sf! 396
PREUMINARY D<=SIGN PHASE , $3,816 $3,816
Prelimlna Deskm Reoort 1.0 $58 1.0 $58 $56
Prelimlna Plans (He ~ s Izel 2.0 $117 4.0 $170 6,0 $286 $140 $426
Prellmlna Soeclfica~on . 2.0 $117 2.0 $117 $100 $217
P rell mina Es~mate 1.0 $58 1.0 $58 $56
Prellmina Plan -In -Hand 8.0 $466 8.0 $466 $115 $56t
I S tbtotal 14.0 5816 4.0 $170 18.0 $966 54 71 $S lS7
FINAL DESIGN PHASF I $2,134 $2,t34
Final Plans Ha~ stze 2.0 $1171 4.0 $170 ! 6,0 5266 5240 $526
F ina I Soecificatlons 2.0 $1171 2,0 $117 $200 $317
Final Estimate I 1,0 $58 1.0 $58 $58
Final Plan -In Hand 6,0 $466 8.0 $486 $115 $561
II S Lbtota I 13.0 758 4,0 $170' 17.0 $928 52 669 5.3 617
81DDING PHASE L $200 $200
I
Coordinate with 81dders 4.0 $233 i 2.0 $58 6.0 $292 $45 $337
8 Ie! Doen 100fT abslAeco m men c1at on 8.0 $466 4.0 $117 12.0 $583 $155 $736
Co n tract Docu me nts 8.0 5466 4,0 $117 12.0 $583 $90 $673
mtotal ~,O $1166' 10.0 $2921 30.0 <1:1458 $490 $1946
CDNSlBUC1l0N PHASE $2,620 $2,620
P recon stru ction Con feren ce 4.0 $160 , 4.0 $180 $115 $295
Con .tru ctoo Sta kl no
Sub mttta Is/Stloo Drawi nos 1.0 $58 : 1.0 558 $58
Weekrv Reports 4.0 $233 i 1.0 $29 5.0 $262 $10 $272
In soeotlon 1 T as Un" 1 Com m u n icatlons 3<3.0 $1,622 1.0 $29 37.0 $1651 5160 $1811
P roore.. Pey ments 3.0 $135 1.0 $29 4,0 $164 $10 $174
S ubstanlial Como latioD 1.0 $58' 4.0 $t60 5.0 $239 S239
F I nail nso ecten i 4.0 $180 4.0 $160 $180
Record Ora wloos 1.0 $58 8.0 $339 9.0 $398 $230 $828
AnnNe",erv In.nection 1,0 $58 4.0 5180 1.0 $29 6.0 $266 $266
iLi:tota , 8.0 !l466 55.0 $2478 8.0 $339 4.0 $117 75.0 $..;400 5.3.145 $A 545
TOTAL 1.0 $1031 2.0 ~127l 71.0 !I4,139 55.0 $:>4781 46.0 $1950 ! 2{l.0 $583 21.0 51558 216.0 S10 939 513 655 $24 594
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F,\DA T A\02\M229130IHlLNDBDG. WK3
-1-
05-Jun-95
HKM Associates
Engineers I Planners
EXHI BIT C
DIRECT COSTS
PROJECT NO.: 2M229.130
PROJECT NAME; HIGHLAND! E. MAIN
I MATERIALSI C:.JMPU
PER PHONE! SUPPLIES! REPRO- Wl-'II-'l: l:AL TESl1NG OUTSIDE TOTAL
TASK lAAVEL DIEM FAX POSTAGE! DUCTIONS HRS@ TOTAL HRS@ TOTAL CONSULT. EXPENSES
FREIGHT $10,00 COST $10.00 COST /MARIIINl
PROJECT ADMINISlRATION
Sch edu Ie 1 Coord I nation I nvoicin 0
!~l.Ctolll
PRF - DFSlGN INVESTIGATION $2490 $2490
0a1lI AcQu isitlon
Traffic Counts
Ownership
Plats & A/W
As -Bultts
Field SUMlY/Manolno $125 $100 $25 5,0 $50 25,0 $250 , $550
AIleJysis 1 Design I
REDort 1 Exlllblts! Costs $10 $20. $50 2,0 $20 , $100
Cooroinata with MDT $10 $10 $20
Slbtotal $125 5100 S?(] $015 580 7.0 570 25.0 $250 52 490 $3.180
PREUMINARY DESIGN PHASE $3,616 $3,616
,
P reli m I nary Des ien Report
Prell m I nary P Ian s (Hall s tze) $100 4.0 $40 $140
P reli m I nary Specillcatlon a , $100 $100
Preliminary Estimate
Preliminary P Ian In-Hand $100 510 $5 $115
Smtola Sl00 510 55 S20C 4.0 $4{)1 l);:!.1l16 :t4.1 1
FINA DESIGN PHASE $2,134 $2,134
Final Plans (He~ stze $200 4.0 $40 $240
Final Specifications $200 $200
Final Estimate
Final Plan -In - Hard $100 $10 $5 $115
Slbtotal 5100 510 55 $0100 4,0 S40 52134 52689
IDDING PHASE $200 S200
Coordinete w~h Bidders $25 2,0 $20 $45
Bid Op en inclT ab s/Reco m mendatlon $100 $10 $5 4,0 $40 $155
Contract Docu ments $25 $25 4,0 $40 $90
I ~LJ:tota $100 $10 $3C $25 $25 10,0 $100 S2OO1 $490
C NSrnUC110N PHASE $2,620 $2,620
P recon struction Conleren ce $100 $10 $5 $115
Constru ctioo Staking
Sub m Itlals/Sh op Ora wi ngs
Weekly Reports 1.0 $10 $10
In soectloo ! T es~ no! Com m u n lea bons 1.0 $10 $150 $160
P roc ress Pa V men ts , 1,0 $10 $10
S ubsta nIIal Co m;: letion i
Final Inspection i
R ecoid Drawino s I $125; $25 6.0 $60 $230
An n !versa ryl nsoectlon I
Slblola $100 $10 55 51251 $25 3,0 l);:!0 6,0 :>lIO sl50 $2 620 $3,145
TOTAL 5525 $140 $65 $195 $710 20,0 $200 41,0 $410 $150 $11280 $13 655
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F :\DA T A\02\M229130\HILNDeOOWKJ
- 1-
05-Jun-95
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MAIN STREET & HIGHLAND AVENUE INTERSECTION SIGNALIZATION PROJECT
SCOPE OF WORK AND ESTIMATE OF ENGINEERING COSTS
r--~--- ~.--
MARVIN & ASSOCIA TES ENGINEER TECH/CAD n_!!_~
Rate'" $50 Rate'" $38 SUBTOTAL DIRECT
PHASE & TASK DESCRIPTION Manhours Manhours LABOR COSTS TOTAL
PHASE I - DESIGN
4.1 PRE~DESIGN INVESTIGA TlON:
1. Collect and summarize exIstIng data 2 $100.00 $100.00
2. Conduct trafflc & pedestrian volume counts 8 $304.00 $86.00 $390.00
3. Perlotm signal warrant analysIs & evaluate trafflc 10 $500.00 $500.00
growth within desIgn life of project.
4. Capacity calculatIons to define 2 $100.00 $100.00
mInimum lane geometry and control.
5. Evaluate alternate levels of operation 4 $200.00 $200.00
improvements regarding efflciency & costs.
6. Prepare pr9-deslgn repeon with 8 $400.00 $20.00 $420.00
recommendations for project scope.
7. Prepare for and Attend City CommIssIon Present. 11 4 $702.00 $78.00 $780.00
SUBTOTAL '" 26 8 $2,306.00 $184.00 $2,490.00
4.2 PRELIMINARY DESIGN
3. Perfotm detailed capacity calculations & 10 $500.00 $500.00
signal coordination parameters to evaluate storage
and Intersection coordination requirements.
5. Prepare prelimInary desIgn report & cost est. 8 $400.00 $20.00 $420.00
6. Prepare preliminary plan drawings. 8 40 $1,920.00 $80.00 $2,000.00
7. Prepare prelimInary specifications and bid 6 $300.00 $20.00 $320.00
documents along wIth cost estImates.
B. Submit preliminary plan velums, bid documents 8 2 $476.00 $100.00 $576.00
& specs - attend Plan-In-hand.
SUBTOTAL '" 40 42 $3,596.00 $220.00 $3,816.00
4.3 FINAL DESIGN
1. Make modifications to plans and specs based 2 6 $328.00 $328.00
on revIew of prelimInary plans.
2. Prepare additional details and final 4 16 $808.00 $808.00
plan related graphIcs.
3. Prepare final est/mate of cost for project. 1 $50.00 $50.00
4. Produce final plan-In-hand documents, attend, 8 10 $780.00 $780.00
report revIew and modify documents
4. Produce final planvelums, specifications and 1 2 $126.00 $42.00 $168.00
contract documents.
4.4 BIDDING PROCEDURE
1. Provide Infotmation during pre-bId period. 4 $200.00 $200.00
SUBTOTAL '" 20 34 $2,292.00 $42.00 $2,334.00
TOTAL PHASE 1- 86 84 $8.194.00 $446.00 $8,640.00
PHASE 11- CONSTRUCTION
1. Preconstruct/on meeting. 6 $300.00 $75.00 $375.00
2. RevIew shop drawIngs and materIal submIttals. 4 $200.00 $200.00
3. Construct/on staking:
a. Stake controller and pole locatIons 7 $357.00 $75.00 $432.00
4. Construction InspectIon
a. Periodic Inspection during Installation of 8 16 $1,048.00 $82.00 $1,130.00
of signals and signing hardware.
b. Special Inspection to clarify signal 8 $408.00 $75.00 $483.00
aeratIon, Includln sl nal turn-on.
TOTAL PHASE /I = 33 16 $2313.00 $307.00 $2 620.00
TOTAL PROJECT:: 119 100 $10 507.00 $753.00 $11 260.00
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AMENDMENT NO.1 TO PROFESSIONAL SERVICES AGREEMENT
E. Main & Highland Blvd. Street Signal Project
THIS AMENDMENT is made as of this ~ day of May ,1997,
between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, herein
referred to as OWNER and MSE-HKM, INC., an Engineering Consulting firm of Billings,
Montana, 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 to install
traffic signals at the intersection of East Main and Highland Boulevard; and
WHEREAS, the parties desire to amend the provisions of the Original Agreement to
account for the expanded scope of services and consultant services fee revisions;
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONT AINED HEREIN, the parties agree as follows:
1. Modify Section 1.1 of the Original Agreement by adding the following paragraph:
"Provide design services to include widening the throat of the intersection, utility
relocations and associated right-of-way easements."
2. Modify Section 6.1.1 of the Original Agreement as follows:
"The total amount paid for services under Sections 4.1 through 4.4 shall be increased from
$ 15,756 to an amount not to exceed $ 18,318.40."
3. Modify Section 6.1.2 of the Original Agreement due to the expanded scope of the project
as follows:
"The total amount paid for services under Section 4.5 through 4.7 shall be increased from
$ 8,838 to an amount not to exceed $ 9,368."
Except as specifically amended herein, the Original Agreement and contract Amendment No.1
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:
V~;/~
Robin L. Sullivan
Clerk of Commission
APPROVE6as Tq FORM
~/~/ .J
By: jl (Uflc /<'(({~
(City At~i-ne )
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ATTEST:
BY~~
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c; \officc \ wpwin \ wpdoc, \signals \amendno l.m&h
By:
Its:
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AMENDMENT NO.2 TO PROFESSIONAL SERVICES AGREEMENT
E. Main & Hiehland Blvd. Street Shmal Project
THIS AMENDMENT is made as of this 17th day of February ~,
between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana,
herein referred to as OWNER and MSE-HKM, INC., an Engineering Consulting firm of
Billings, Montana, 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 to install traffic signals at the intersection of East Main and Highland Boulevard;
and
WHEREAS, on May 5, 1997, the original Agreement was amended by Amendment
NO.1.
WHEREAS, the parties desire to amend the provisions of the Original Agreement to
account for the expanded scope of services and consultant services fee revisions;
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, the parties agree as follows:
1. Pursuant to Section 6.1.2.3, MSE-HKM requests additional compensation for
engineering, surveying, and inspection services related to the milling and repaving of
the intersection of Mendenhall and Wilson Streets. Consistent to said Section, fees
will be invoiced at a 2.40 multiplier.
2. Modify Section 6.1.2 of the Original Agreement due to the expanded scope of the
project as follows:
"The total amount paid for services under Section 4.5 through 4.7 shall be increased
from $8,838 ($9,368 Amendment No.1) to an amount not to exceed $10,868.00."
Except as specifically amended herein, the Original Agreement and contract Amendments
No. I and 2 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:
~;/~
Robin L. Sullivan
Clerk of Commission
By:
ATTEST:
,....." .
By: ",:'y;,~dLI7jJ ~ fJ J2jlj:.!-~
B:\71203AA8.DOC
CITY OF BOZEMAN
By:~- ,_\ '--~ ~
(City Manager)
~
ENGINEER (MSE-HKM, INC.)
BY~ -:3 ~Cff
Its ;k" 5 >deN f