HomeMy WebLinkAbout97- Morrison-Maierle Professional Services Agreement
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PROFESSIONAL SERVICES AGREEMENT
MM, Inc. #417.027 010 0310
THIS IS AN AGREEMENT made as of Apri 1 ?1, 1 qq7 , between THE
CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, 59771-
0640 (OWNER) and Morrison-Maierle, Inc., P.O. Box 1113, Bozeman,
Montana, 59771-1113 (ENGINEER)
Whereas the accomplishment of the work and services described in
this Agreement is essential to the OWNER'S public works improvement
program.
Whereas the OWNER intends to construct a two-lane arterial roadway
from North Rouse Avenue to Aylsworth Street along or about the
current Front Street alignment, 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 proj ect
described ln this Agreement.
Therefore, in consideration of the foregoing recitals and the
mutual covenants and conditions contained herein, the pa.rties agree
as follows:
The conditions and provisions set forth in the attached EXHIBIT A-
Engineer I s Status During Construction, EXHIBIT B- A Listing of
Duties, Responsibilities and Limitations of Authority of the
Resident Project Representative, and EXHIBIT C- Project Schedule,
are hereby incorporated in and made part of this Agreement.
ARTICLE 1 - ENGINEERING SERVICES
1.1. A brief description of the specific project components is described as follows:
1.1.1 Provide pre-design and preliminary design phase services defining
ownership and right-of-way along the proposed alignment(s) for the Front Street
extension. Schematic layouts of the proposed alignment (s) and associated
construction cost estimate(s) will be presented in the Pre-design and
Preliminary Design Reports.
1.1.2 Provide final design, construction administration, and inspection and
testing services for the Front Street extension. The scope of services for
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these phases will be defined at the end of the preliminary design phase, and
the fees associated with each of the remaining phases would be negotiated at
that time.
1.2. The scope of services under this contract are 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 I 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 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 Jack R. Schunke, P.E.
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 Scott T. Bell, 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 Rick Hixson, 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.
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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.
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.
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 five (5) 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 Sixty (60)
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 Desian Reoort: Specific items to be addressed in the design
report will include, but not be limited to:
4.2.3.1 Summary of construction requirements with appropriate drawings
for each task included in the project.
4.2.3.2 Plans for providing water and sewer services for affected
properties during construction.
4.2.3.3 Identify geotechnical work necessary for tasks, if needed. The
geotechnical investigation, if needed will be completed during final
design.
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 Preliminary Desiqn Survey: The ENGINEER shall conduct a visual design
field survey of the project areas, as necessary, for verifying existing
utilities (such as gas, power, telephone, TV cables, water and sewer lines,
irrigation facilities, fences, and approach driveways), existing rights-of-way
and easements and making measured drawings of or investigating conditions of
existing facilities. The design survey shall adequately verify the locations
of existing utilities, rights-of-way, and existing easements.
4.2.5 Permits and Riahts-of-Way: The ENGINEER shall obtain approved permits
and licenses from any other agencies or entities requiring similar approvals
prior to bidding. These approvals will be coordinated with the OWNER and will
be made on permit documents approved by the OWNER. The ENGINEER will
investigate the existing right-of-way and easement agreements along the
proposed alignments. Where additional easement agreements and/or land
acquisitions are required from private landowners, the ENGINEER will contact
the affected persons to determine their willingness to provide additional
right -of -way. Information and easement descriptions provided in the Basic
Engineering Services will be based on data available from design surveys and
courthouse records.
4.2.6 Preliminarv Plans and Soecifications. Prepare preliminary construction
plans and specifications with information which addresses the special features
of each project task.
4.2.7 Based on the information contained in the preliminary design documents,
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ENGINEER will submit a revised opinion of probable Total Project Costs to the
OWNER.
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 Ninety (90)
Calendar days following written authorization from OWNER to ENGINEER to proceed with
that phase of services.
4.3
FINAL DESIGN PHASE
After defining the scope of services for the remaining phases of the proj ect,
negotiating the fee(s) for these phases, and receiving written authorization to
proceed with the Final Design Phase, ENGINEER shall:
4.3.1 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 reyiew 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.
4.3.2 Desiqn and Construction Survey: The ENGINEER shall conduct a final
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 rights-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.
4.3.3 Permits and Riqhts-of-Way: The ENGINEER shall obtain approved permits,
licenses, and/or easement agreements or acquire the necessary right-of-way 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 approyed by the OWNER.
Informa tion and easement descriptions provided in the Basic Engineering
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4.3.6 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.
services will be based on data available from design surveys and courthouse
records.
4.3.4 On the basis of the accepted preliminary Design documents and the revised
opinion of probable Total Proj ect 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) suitable for use in the project
bidding and construction.
4.3.5 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.
4.3.7 Furnish OWNER six (6) copies of the Contract Documents (including design
drawings, specifications and contracts) .
The Final phase will be complete and submitted with Ninety (90) 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 prospective bidders regarding
the Bidding Documents, and issue addenda as appropriate.
4.4.3 Consult with and advise OWNER as to the acceptability of the prime
contractor, subcontractors, suppliers and other persons and organizations
proposed by the prime contractor(s) (herein call "Contractor(s)") for those
portions of the work as to which such acceptability is required by the Bidding
Documents.
4.4.4 Consult with OWNER concerning and determine the acceptability of
substitute materials and equipment proposed by Contractor(s) when substitution
prior to the award of contracts is allowed by the Bidding Documents.
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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.
4.4.5 Attend the Bid opening, prepare bid tabulation, evaluate bids, assess
bidders' responsiveness and responsibility and make award recommendation to
OWNER.
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 and conduct a pre-construction conference.
4.5.1.2 Provide personnel, equipment and supplies for construction
layout and control, including establishment of line, grade, and blue top
control staking.
4.5.1.3 Review Contractors' construction schedules and operations,
and the Contractors' traffic control plans and its implementation prior
to the start of construction.
4.5.1.4 Ascertain that the Contractor has secured required 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
work is not
Documents.
Issue stop and resume work orders, in whole or in part, when
or cannot be performed in accordance with the Contract
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4.5.1.8
technical
submittals
Review and approve, for conformance
specifications all shop drawings, and
required by the Contract Documents.
with the project
other Contractor
4.5.1.9 During construction, review Contractors I construction
schedules and evaluate conformance and progress under the Contract time
provisions.
4.5.1.10 Prepare for OWNER r 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 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 Reoresentative. 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 Resoonsibilities. 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.
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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) Concrete strength, air content and slump
2) Embankment, Trench backfill, and gravel and pavement densities
3) Aggregate gradations
4) Plant mix strength, flow and asphalt content
ARTICLE 5 - ADDITIONAL SERVICES
5.1. If OWNER wishes ENGINEER to 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 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
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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.
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:
5.2.2 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.
ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE
6.1 LUMP SUM PAYMENT FOR DESIGN SERVICES AND EXPENSES OF ENGINEER
6.1.1 Lumo Sum Payment. The OWNER shall for design phase services performed
as Basic Engineering Services under sections 4.1 and 4.2 of this agreement pay
a lump sum in the amount of Thirty-Two Thousand Eight Hundred and Ninety
Dollars $32.890.00 for such services. An addition to this lump sum will be
negotiated for the Basic Engineering Services under sections 4.3 and 4.4 as
defined in Article 2 and 9.16.
6.1.2 Payment Schedule. Total cumulative payments for the design phase
engineering services (sections 4.1 through 4.2) shall not exceed the following
ceilings:
59.580.00 until the Pre-design Investigation and Preliminary Design Report have
been submitted to the OWNER.
$32.890.00 until the Preliminary plans and specifications have been submitted
to the OWNER and review authorities.
6.1.2.1 Payment for basic services described in sections 4.3 and 4.4 shall be
negotiated following completion of the pre-design investigation and preliminary
design phases, and prior to initiating the 4.3 through 4.4 basic services
6.1.3 General. Engineer shall submit monthly statements for services rendered.
The statements shall be based upon Engineer's estimate of the proportion of the
total services actually completed at the time of billing, subject to any
limitations on Payments based on completion of tasks or specific retainage
requirements pursuant to the payment provisions of the Agreement .
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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 proj ect 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 to be negotiated after the Preliminary Design Phase 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 2.90 for
services rendered which shall cover Direct Labor, Direct 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
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 6.2.1.3. 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 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 2.70 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
Agreement, for Basic Services and Approved Additional Services
to the ENGINEER by the OWNER in the actual amount of the costs
7.4 of
shall be
incurred.
this
paid
6.2.3.
Failed Test Expenses. The ENGINEER shall maintain and provide to
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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 2.90, 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 I 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 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
$28/hour
$23/hour
$19/hour
$15/hour
$14/hour
$12/hour
$12/hour
$14/hour
$26/hour
$9/hour
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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 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 and 6.2. Final
payment shall be made only after acceptance of the project by the OWNER. If OWNER
disputes the amount of the billing, OWNER will notify 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
Engineering Agreement
time upon fifteen (15)
is hereby reserved to the OWNER to terminate this
for any and all causes or for it's convenience at any
days written notice to the ENGINEER.
13
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
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.
14
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.
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
15
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
naming the OWNER as an additional insured,
cancellation or non-renewal.
OWNER certificate of insurance, therein,
to include thirty (30) days notice of
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 Coveraqe
Limits
Emolovers' Liability:
$ 100.000 per accident
General Liability:
Bodily Iniurv & Property
Damaqe single and combined
$ 1.000.000 per accident
Automobile:
Bodilv Iniurv 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
Bodilv Iniurv & Property
Damaae Single and combined
$ 500.000 each occurrence
Professional Errors & Omission:
$ 1.000.000 per claim and
aggregate each occurrence
16
9.10 OWNERSHIP OF DOCUMENTS
9 . 9 ENDORSEMENT
The ENGINEER shall place his endorsement on all drawings and other data furnished by
him.
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
binding on the heirs, personal
respective parties.
statements in this Contract apply to and shall be
representatives, successors and assigns of the
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.
17
9.16 MODIFICATIONS AND AMENDMENTS
That any amendment or modification of this Contract or any prOVlSlons 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.
ENGINEER
~~
DATE:
tf-Zi-C;7
DATE: A'tJ0~'
\0 C)'f
J
ATTE~
BY, ~oIH~
(Clerk of Commission)
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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 reference with the
Agreement made on , between CITY OF BOZEMAN (OWNER) and Morrison-
Maierle, Inc., P.O. Box 1113, Bozeman, Montana, 19771-1113 (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 LIMITATIOl'l'S OF AUTHORITY OF THE RESIDEl'l'T PROJECT
REPRESENTATIVE.
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
1
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.!.
comply with
construction
The ENGINEER's responsibility for
the shop drawing provisions of
Contract Document
Shop Drawings and samples shall
the General Provisions of the
10.7.2.
with the
Contract
The ENGINEER's responsibilities for Change Orders shall comply
change order provisions of the General provisions of the construction
Document.
10.7.3. The ENGINEER's responsibilities for contractor's Application for
Payment shall comply with the payment provisions of the General provisions of
the construction Contract Document
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.
2
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 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 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 , between CITY OF BOZEMAN (OWNER) and Morrison-
Maierle, Inc., P.O. Box 1113, Bozeman, Montana, 59771-1113 (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 superv~s~on
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.
1
11.2.
j ,,',," .
.' t ~
DUTIES AND RESPONSIBILITIES OF RPR
11.2.1. Schedules: Review the progress schedule, schedule of Shop Drawing
submittal s and schedule of values prepared by CONTRACTOR and consult with
ENGINEER concerning acceptability.
11.2.2. Conferences and Meetinas: Attend meetings with CONTRACTOR, such
as preconstruction conferences, progress meetings, job conferences and the
project-related meetings, and prepare and circulate copies of minutes thereof.
11.2.3.
Liaison:
11.2.3.1. Serve as ENGINEER's liaison with CONTRACTOR, working
principally through CONTRACTOR's superintendent and assist in
understanding the intent of the Contract Documents; and assist ENGINEER
in serving as OWNER's liaison with CONTRACTOR.
11.2.3.2. Assist in obtaining from OWNER additional details or
information, when required for proper execution of the Work.
11.2.4.
Shoo Drawinas and samoles:
11.2.4.1.
Record date of receipt of Shop Drawings and samples.
11.2.4.2.
CONTRACTOR,
examination.
Receive samples which are furnished
and notify ENGINEER of availability
the site
samples
by
for
at
of
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.
Te:;;ts:
Review of Work. Re-iection of Defective Work. Insoections and
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.
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.
2
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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
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.
CONTRACTORS,
equipment.
Record names, addresses and telephone numbers of
subcontractors and major suppliers of materials
all
and
11.2.9. ReDorts:
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.
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 Directive Changes, and Field Orders.
11.2.9.4. Report immediately to ENGINEER and OWNER upon the occurrence
of any accident.
11.2.10. Pavment 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
3
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equipment delivered at the site but not incorporated in the Work.
11.2.11. Certificates. Maintenance and Oueration 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. Comuletion:
11.2.12.1. submit to CONTRACTOR, and ENGINEER
requiring completion or correction before
Certificate of Substantial Completion.
a list of observed items
ENGINEER may issue a
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
corrected and make recommendations
acceptance.
final list have been completed or
to ENGINEER concerning final
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.
part.
Shall not authorize OWNER to occupy the Project in whole or in
11.3.8. Shall not participate in specialized field or laboratory tests or
inspections conducted by others except as specifically authorized by ENGINEER.
4
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EXHIBIT C
TO AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES
PROJECT SCHEDULE
This exhibit is attached to, made a part of and
reference with the agreement made on
Ci ty of Bozeman (Owner) and Morrison-Maierle,
providing for professional engineering services.
SCHEDULE FRONT STREET EXTENSION
City Authorize Notice to Proceed
Engineer Submit Pre-Design Report
Predesign Meeting
City Authorize Engineer to Proceed with
Preliminary Design phase
Engineer Submit Preliminary Design Report
Preliminary Design Meeting
City Authorize Engineer to Proceed with
Final Design
Final Design submitted to City
Advertise for Bid
Award Project to Successful Bidder
Begin Construction
Complete Construction
5
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incorporated by
, between
Inc., Engineer
March 1, 1997
May 1, 1997
May 21, 1997
June 1, 1997
August 1, 1997
August 10, 1997
TO BE DETERMINED
TO BE DETERMINED
TO BE DETERMINED
TO BE DETERMINED
TO BE DETERMINED
TO BE DETERMINED