HomeMy WebLinkAbout02- Morrison-Maierle Professional Services Agreement
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PROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made as of December 16 ,2002, between
THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, 59715
(OWNER) and Morrison-Maierle, Inc., Bozeman, Montana, 59718, (ENGINEER).
Whereas the accomplishment of the work and services described in this Agreement is essential to
the OWNER'S public works improvement program.
Whereas the OWNER intends to and has selected the ENGINEER to provide necessary and
professional engineering services for the project.
Whereas the ENGINEER represents that it is willing and qualillcd 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 ENGINEERING FEE ESTIMATE are hereby
incorporated in and made part of this Agreement.
ARTICLE 1 - ENGINEERING SERVICES
1.1. The detailed description of the specific project componcnts is described as follows:
Task 1 Preliminary Engineering Report
A Preliminary Engineering Report will be completed to define the West Babcock Street improvements
project and identify project funding needs. The evaluation will include a review of record drawings, survey
of existing topography, preparation of topographic mapping, 2 road section alternatives, geotechnical
investigations, identification of impacts to existing utilities (water, sewer, power, gas, telephone), traffic
operations evaluation, drainage, corridor lighting, preliminary road alignment and grade, nced for
construction casements, and evaluation of general site conditions. Estimated total project costs will be
provided for each road section alternative. The Assessment will provide the final overall definition of the
improvement project. One presentation of the 2 road section alternatives will be made to the City
Conllilission, in concert with city staff. After alternative selection by OWNER, ENGINEER will define the
construction project, and prepare a Special Improvement District budget estimate.
Task 2 Coordinate With County Officials
In this second task, the general nature and scope of the road improvements as selected in Task 1 and the
proposed SID boundary will be discussed with the County Road & Hridge Superintendent, County
Attorney and County Commissioners. Thc purpose of the discussions is to determine the viability of an
SID that includes properties outside the City's corporate boundaries. It is assumed County parcels will be
included in the proposed SID.
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Task 3 SID Boundary and Information
Task 3 will use the results of Tasks 1 & 2 to coordinate with City persotUlel to identify and legally describe
the district boundary. The ENGINEER will then compile and evaluate information on cach lot, tract, and
parcel of land within the boundary necessary to calculate the anticipated SID principal amount for each
property. The ENGINEER will compile and deliver to OWNER the required the infomlation required at
7 -12~4106 and 7-12-4225 MCA for each individual property aller receiving an initial data set from
OWNER. The data provided by OWNER includes:
. Property owner names
. Owner address
. Property address
. Legal description
. County parcel numbers (for approximately 50% ofthe parcels)
. Parcel area
. Outstanding SID assessments
. Delinquent SID assessments
Task 4 District Formation
In this task, ENGINEER will conduct one informational meeting with affected property owners and
residents. The work will include reviewing the SID Resolution of Intcnt as prepared by OWNER, and
finalizing the assessment spreadsheets with estimated assessments for individual properties. A presentation
at the public hearing for the creation of the SID will be made in concert with the staff. An evaluation of
written protests for property outside the corporate limits will be compiled. If necessary, a second
evaluation of written protests v. waivers of right-to-protest will be compiled by reviewing existing
documents for plats/atmexations within the proposed SID Boundary.
1.2. Thc scope of serviccs undcr this contract arc set f01ih in this agreement and the attached EXHIBITS.
ARTICLE 2 - ENGINEER'S RESPONSIBILITIES
2.1. ENGINEER shall perform for OWNER professional engineering serviccs in all phases of the Projcct to which
this Agrcement applies as hcrcinafter providcd. These services will includc, but not he limited to, serving as OWN ER's
profcssional engineering representative for the Project, providing professional enginecring consultation and advice and
fumishing customary civil and structural engineering scrviccs incidental thereto.
2.2. 'I'he ENGINEER shall fumish all labor, materials, equipment, supplics, and incidentals necessary to conduct and
complete the ENGINEER'S portions of the Project and to prcpare 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 thc work from local units of
govemment, public, and private organizations and shall bc authorized to procure information from other authorities as to
the extcnt of these contacts and thc results thereof.
2.4. The ENGINEER'S work shall bc in accordance with the standards of sound engincering practices.
2.5. The ENGINEER shall name a Principal-In-Charge for the duration of the projcct. Thc Principal-In-Charge shall
be John R, Schunkc, P.E.
2.6. Thc ENGINEER shall name a Project Manager who shall be thc liaison between the ENGINEER and the
OWNER. The Projcct Manager shall be Phillip J.Forbes, P.E. The OWNER may name a Task Dircctor who would be
the liaison between the ENGINEER and the OWNER during the design scgment of the Project.
2.7, Thc ENGINEER shall submit an estimated progress schedule at the beginning of the work, and monthly progress
reports thereafter until thc project is completcd.
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ARTICLE 3 - OWNER'S RESPONSIBILITIES
3.1 The OWNER shall name a Task Director who shall bc the liaison between the ENGINEER and the OWNER
during DESIGN segment of the Project. The Task Director dcsignated shall be Rick Hixson. P.E.
3.2 Thc OWNER shall havc the tight ofreview and cxamination of the ENGINEER'S work at all times.
3.3 The OWNER shall make available all records (as-built drawings, construction rccords, etc.) indicating the
existing configuration ofthc city utilities.
3.4 The OWNER will be responsible for Advertising Sid Openings.
3.5 The OWNER shall attend the pre-bid conferences, bid openings, pre-construction conferences, construction
progress and othcr job re1atcd lneetings, 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
A ner written authorization to proceed, ENGfNEER shall:
4. 1.1 Consult with OWNER to c1atify 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 govemmental 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 Assist in formation of Special Improvement Districts (SID) by preparing district boundary
descriptions and maps, preparing a property owner's and assessments role lists including project assessment
costs based on the preliminary project cost estimates, and providing technical information at SID public
hearings, if applicable.
4.1. 7. Prepare a Report containing schematic layouts, sketches and concephml 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 aU
such costs, allowance, etc. are hereinafter called "Total Project Costs".
4.1.8. Furnish ~ copies of the Study and Report documents and review them in person with OWNER.
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1l1e Prc-design Investigation Phase will be completed and submitted within 90
authorization from OWNER to ENGINEER to proceed with that phase of services.
calendar days following written
OWNER and ENGINEER will negotiate the full scope of services to be provided for the balance ofthe project upon
completion of the Tasks identified in 1.1 herein and creation of the West Babcock Street Special Improvement
District by OWNER. This contract will be amended to include the balance of services at a later date.
4.2 PRELIMINARY DESIGN PHASE
Aftcr acccptance of the pre-dcsign report and receipt of writtcn authorization to proceed with the Prcliminary Dcsign
Phase, ENGINEER shall:
4.2.1.
In consultation with OWNER determinc gencral scope, extent and character of the Projcct.
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. tn~liminarv Dcsign Report: Specitk items to bc addrcsscd 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 projcct.
4.2.3.2. Plans for providing watcr and sewer services for affected propcliies during construction.
4.2.3.3. Summary geotechnical report for spccific tasks, ifneeded.
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, ifnecessary.
4.2.4. Design and Construction Survev: Thc ENGINEER shall conduct a design ficld survcy of the project
arcas, as ncccssary, t'()r locating existing utilities (such as gas, power, telcphonc, TV cables, water and sewer
lincs, inigation facilities, fenccs, and approach driveways), existing right-of-way and easements, and making
measured drawings of or investigating conditions of cxisting facilities. 111e ENGINEER shall provide suitable
horizontal and vcrtical reference control points for the construction phase.
4.2.5. Permits and Rights-of-Way: The ENGINEER shall obtain approved permits, licenses, and/or casemcnt
agreements from pri vate landowncrs and any other agencies or entities rcquiring similar approvals prior to
bidding. These approvals will bc coordinated with the OWNER and will bc madc on easement and pellllit
documents approved by thc OWNER. InfOlllmtion and casement descriptlons provided in the Basic Enginecring
Services will be based on data available from dcsign survcys and courthoLlse records.
4.2.6. Gcotccb!l.!.9l1l Exnlorations and Analy~.i,~.:. 1l1e ENGINEER shall conduct such geotechnical
cxplorations and analysis as necessary for project design and bidding. A geotechnical report will bc prcparcd
with recommendations relating to conditions pcrtincnt to the design and construction of the Project. Subsurface
information will bc obtained by reviewing any existing geotechnical data available and using additional backhoe
test pits and soil borings as necessary.
The ENGINEER shall furnish copics of a geotechnical report as rcquested to OWNER for use by OWNER and
Contractors, and review the results of the report with Contractors in a prc-bid mccting. The report is to be
prcpared for design purposes; ENGINEER will not be responsible ifit is used by others for other purposes.
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4.2.7. Prcliminarv Plans and Specifications. Prepare preliminary construction plans and specifications with
infonnation which addrcsses the special fcatures of each project task.
4.2.8. Bascd on the information contained in thc prcliminary design documcnts, ENGINEER will submit a
revised opinion of probablc Total Project Costs to the OWNER.
4.2.9. ENGINEER shall prepare and fumish complete copies of prcliminary bidding documcnts and design
report as requested to OWNER and at thc same time furnish copies as directed by OWNER to agcncies and/or
parties having regulatory responsibilities or direct financial participation in any pm1 of the Project; provide any
tcchnical criteria, written descriptions and design data neccssary for securing permits or approval from
authorities having jurisdiction to review and approve thc dcsign, and assist owner in sccuring such approvals; and
review documcnts in person with OWNER and revicw authorities, and, if neccssary, conduct a plan-in-hand site
rcvicw. All changes agrccd to between ENGINEER and OWNER will be noted in a memorandum from the
ENGINEER to thc OWNER and incorporated into the final plans and specifications.
The Preliminary Dcsign Phase will be completed and submitted within
authorization from OWNER to ENGINEER to proceed with that phasc of services.
calendar days following writtcn
4.3 FINAL DESIGN PHASE
After writtcn authorintion to proceed with the Pinal Design Phase, ENGINEER shall:
4.3.1. On the basis of thc accepted Preliminary Dcsign documents and thc rcvised opinion of probablc Total
Project Costs, preparc for incorporation in thc Contract Documents final drawings and Technical Spccifications
of sufficient dctail to show the general scope, extent and detailed character of thc work to be furnished and
performcd by the Contractor(s) suitable for usc in thc project bidding and construction.
4.3,2. Advisc OWNER of any adjustmcnts to the latest opinion of probable Total Project Costs caused by
changes in gcneral scope, extcnt or character or dcsign rcquirements of the Projcct or Construction Costs.
Furnish to OWNER a revised opinion ofprobablc Total Projcct Costs based on the Drawings and Specitlcations.
4.3.3. Prepare for review and approval by OWNER, its legal counsel and othcr advisors, contract agreement
forms, general conditions and supplementary conditions, and (where appropriate) bid fonns, invitations to bid
and instructions to biddcrs, special provisions, technical specitications, and standard drawings, and othcr rclatcd
contract documents in confonnance with thc latcst edition of the Montana Public Works Standard Specifications
(MPWSS) and City of Bozeman Modifications to MPWSS adoptcd by the City of Bozeman.
4.3.4. Furnish OWNER six copies of thc Contract Documents (including design drawings, spccifications and
contracts ).
The Final Phasc will be complete and submitted within
OWNER to ENGINEER to procced with that phasc of services.
calendar days following written authorization from
4.4 BIDDING OR NEGOTIATING PHASI{
Aftcr written authorization to proceed with the Bidding or Negotiating Phase, ENGINEER shall:
4.4.1. Assist OWNER in advertising for and obtaining bids or ncgotiating proposals for construction
contract(s) and record prospective bidders to whom Bidding Documents have been issued, receive and proccss
deposits for Bidding Documents and conduct pre-bid confcrcnces.
4.4,2, Providc interpretation or clarification to prospcctivc bidders regarding the Bidding Documents, and
issue addenda as appropriate.
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4.4.3. Consult with and advise OWNER as to the acceptability of the prime contractor, subcontractors,
suppliers and other persons and organizations proposcd by the prime contractor(s) (herein call "Contractor(s)")
for those portions of the work as to which such acceptability is rcquired by the Sidding DocLlments.
4.4.4. Consult with OWNER conccming and detcrmine the acceptability of substitute materials and
cquipment proposed by Contractor(s) whcn substitution prior to the award of contracts is allowcd by the Bidding
Documents.
4.4.5. Attend the Bid opening, prepare bid tabulation, evaluatc bids, assess biddcrs' responsivencss and
responsibility and make award rccommendation to OWNER.
4.4.6 Facilitate contract award, and thc execution and distribution of thc contract documcnts for construction,
materials, equipment and services. Furnish Owncr two original signature sets of exccutcd contract documcnts
(including design drawings, specifications and contracts). FUDlish contractor with one set of original signature
exccuted contract documents and up to three scts of construction documents.
4.5 CONSTRlJCTION PHASE
The responsibilities ofthe ENGINEER during the Construction Phase are summarized as follows:
4.5.1. Gcneral ~~dministratio1J of ConstructiQn Contract. ENGINEER shall consult with and advise OWNER
and act as OWNER'S representative as providcd in EXHIBIT A - ENGINEER'S STATUS DURING
CONSTRUCTION, attachcd to and madc part of this Agreement and may bc further provided undcr the General
Conditions of the contract documents. The extent and limitations of thc authority, duties, and responsibilities of
thc ENGINEER on the construction job site as assigned here-in shall not be modified cxcept as the ENGINEER
may otherwisc agree in writing. All of OWNER's instruction to Contractor(s) will be issued through
ENGINEER who will havc authority to act on behalf of OWNER to thc extcnt provided in the General
Conditions cxcept as otherwise provided in writing.
In addition to the scrvices providcd under Altiele 10 (Exhibit A) thc ENGINEER shall provide the following
scrvices during construction:
4.5.1.1 Schedulc and conduct a pre-construction conference.
4.5,1.2 Provide personnel, equipment and supplies for construction layout and control, ineluding
establishment of line, grade, and bluc top control staking.
4.5.1.3 Revicw Contractors' construction schcdules and operations, and the Contractors' traffic control
plans and its implementation prior to thc start of construction.
4.5.1.4 Ascertain that the Contractor has secured required permits nccded to accomplish his work.
4.5,1.5 Prepare and provide weekly activity and progress rcports to the City's Task Director.
4.5.1.6 ENGINEER shall providc OWNER copies of all corrcspondcnce between the ENGINEER
and Contractor.
4.5,1.7 Issue stop and rcsume work ordcrs, in whole or in part, when work is not or cannot be
performed in accordancc with the Contract Documents.
4.5. 1.8 Review and approve, for conformance with the projcct tcchnical specifications all shop
drawings, and other Contractor submittals requircd by the Contract Documents.
4.5.1.9 During construction review Contractors' construction schedules and cvaluate cont'l)flllanCC and
progress under the Contract time provisions,
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4.5.1.10 Prepare for OWNER'S approval any plan and specification changes which due to any initial
desib'" or engineering deficiencies are required to complete the project original dcsign concept.
4.5. I. I I Inspect the project and when appropriate, and after conferring with OWNER, issue a
Certificate of Substantial Completion to the Contractor.
4.5.1.12 Ptior to recommending final payment, schedule and conduct with the OWNER a final project
inspection and subnlit a repOli to the OWNER documenting any outstanding items or detlciencies
requiring corrcction 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. R~~ident Proiect Representative. ENGINEER shall provide a qualified Rcsident Project Reprcsentative
at the job site to provide observation ofthe work as provided in EXHIBIT B - A LISTING OF THE DUTIES,
RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIllENT PROJECT
REPRESENT A nVI<:-, attached to and made pali of this Agreement.
The ENGINEER shall submit to the OWNER, for review and acccptance, the rcsume 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 subsequcnt 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 nleans,
mcthods, techniques, sequcnccs or procedurcs of construction, or the safety precautions and programs incident
thereto, and ENGINEER will not be rcsponsible for CONTRACTOR's failure to perform or furnish the Work in
accordancc 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 assumcd by
ENGINEER in thc 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) writtcn monthly progress reports, and (c) a project notebook containing such correspondence and
documentation as requested by OWNER.
4.7. CONSTRtJCTION TESTING
Thc inspection scrvices shall include material tcsting and verification of contract compliancc with job site requirements,
plans and spccifications.
The ENGINEER shall provide and maintain detailed documentation of the following matcrial testing:
I) Concretc strength, air content and slump
2) Embankment, trench backfill, and gravel and pavement densitics
3) Aggrcgate gradations
4) Plant mix strength, flow and asphalt content
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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 perfonn or obtain from others such services and will be paid therefor as
provided in the Agrecment:
5.1.1.
Legal land surveys perfonned to obtain data for preparing casements and rights-of-way descriptions.
5.1.2. Preparation of applications and supporting documents for govcmmental agencies in addition to those
required under Basic Services; prcparation or revicw of environmcntal studies and relatcd services; and
assistance in obtaining environmcntal approvals.
5.1.3. Services resulting from significant changes in thc gcneral scope, cxtent or character of thc Project or
major ehangcs in documcntation previously accepted by OWNER wherc changes are due to causcs bcyond
ENGfNEER's control.
5.1 A.
Providing rendcrings or models.
5.1.5. Prcparing documents for altcmate bids requestcd by OWNER for work not executcd or for out-of-
scquence work.
5.1.6. Providing othcr scrvices not othcrwise provided for in the Agrecmcnt, including serviccs nonnally
fumished by the OWNER as elscwhere herein dcscribed.
5.1.7. Fumishing the scrvices of indcpendent professional associates or consultants for othcr than Basic
Serviccs.
5.2. Whcn required by the Contract Documents in circumstances beyond ENGINEER's control, ENGINEER shall
perform or obtain from othcrs any of the following Additional Services as circumstances requirc during construction and
without waiting for spccific instructions from OWNER, and ENGINEER will be paid thcrefor as provided in this
Agrccment:
5.2.1. Services in connection with work directive changes and change orders to retlect thc changes requested
by OWNER if thc resulting changc in compensation for Basic Serviccs is not commensuratc with the additional
scrvices rendered.
5.2.2. Services in making revisions to Drawings and Specifications occasioncd by the OWNER'S acceptance
of substitutions proposed by Contractor(s); serviccs after the award of each contract in evaluating and
dctennining thc acceptability of an unreasonable or excessive numbcr of substitutions proposed by Contractor;
and cvaluating an unreasonable or extcnsivc number of claims submitted by Contractor(s) or others in conncction
with the work.
5.2.3. Services resulting from significant delays, changcs or price increases occulTing as a direct rcsult of
matcrials, equipment or energy shortages.
5.2A. Additional or extended scrvices during construction made ncccssary 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 nomlul working hours, (4) default by any
Contractor.
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ARTICLE 6 - COMPENSATION FOR "~NGINEERING SERVICE
6.1 LlJMP SUM AGREEMENT FOR BASIC SERVICES ANn EXPENSES OF ENGINEER
6.1.1 ~nt. Thc OWNER shall for design phase services perfonned as Basic Engincering Services under
section 4.1 \hnmgh 1.1 of this agreement pay a total sum in the amount of $70,.~~0.00 for such services.
6.1.2 pavment Schedule. Total cumulativc payments for thc design phase cngineering services (scction 4.1
thnlllgk 1.1) shall not excced the following ceilings:
$49,595.00 (70 %, of dcsign fee) until the Pre-design Investigation and Preliminary ~l Engineering Report
have becn submitted to the OWNER.
$63.76_~.00 (90')10 of design fce) until thc Task 3 deliverablcs have been submitted to the OWNER and review
authoritics.
$" (.?gl~/~ of design fi.Hl) llnt11 the Pn~liminuJ'J Plans 8.fui Spootrieationg ha~:g I3g~n 8ubrnittea to
~\l.'+,JER aA~ Hl','ili:.. aleltIHlritig~.
~ ,. (S'g~(, gf ~@~ign fell) llAtil thi<! rinal PlaA8 an~SIJeeitleatigA8 hU','1.l !;Jllen 81e1llmitte~ te thg
~JER 8fH] r~':ie'.. authgritig8.
6.1.3 Gcne@l Engincer shall submit monthly statcmcnts for serviccs rendered. Thc statements shall be
bas cd upon Engineer's cstimate of thc 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.
6.1.4 Reimbursable Expenses. Only those expenses specifically identified for payment under section 6.2 of
this Agreement arc reimbursablc. All other dcsign related expenses are included in thc Lump Sum Payment for
the Basic services (4.1 tkrglelgh 1.1) and arc not separately rcimbursable. Additional Services spccifically
identified undcr the scope of design serviccs for payment under 6.] are not scparatcly reimbursable.
6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER.
Construction and project documentation scrvices performcd as Basic Enginecring Services under sections 4.5 through 4.7
including Gcncral Administration of Construction Contract, Rcsident Projcct Representation, Projcct Documentation, and
Construction Testing, sball be compcnsated in accordance with thc following:
6.2.1 The OWNER shall pay for Construction Phase and Project Documentation Scrvices an amount not to
excecd $ except as provided under 6.2.1.2 and 6.2.4.
6.2.1. I Costs.J:~ompensatiQTI. Compensation for these services shall bc based on the ENGINEER's
Direct Labor Cost times a factor of 3.00_._ for scrvices rendcrcd which shall cover Dircct Labor,
Dircct Labor Ovcrhead, General & Administrative Overhead and Profit, plus reimbursable cxpenses as
provided in 6.2.2.
6.2.1.2 Notificati.on. At any time during the construction that it becomes apparent that thc
Construction Phase and Project Documentation Services rendered under this Agreement will excced the
negotiated compcnsation for these services, and prior to performing services in excess of the contract
ceiling, the ENGINEER shall give OWNER written notice thercof. Promptly thcreaftcr OWNER and
ENGINEER shall revicw the scope and prol:,'fCSS of the project work. ENGINEER shall obtain writtcn
authorization from OWNER, prior to any additional costs bcing inCLIned under paral:,'faph 6.2.1.3. If it
is determined that duc to a change in project scope under para):,'faph 5.2.1, thc ENGINEER is entitled to
additional compensation, OWNER and ENGINEER may negotiate terms as provided undcr 6.2.] .1.
The amount and tenns of any additional compensation under 6.2.1. I or 6.2.] ,3 shall bc ncgotiated and
agrced 111 writing pursuant to 9.16.
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6.2.1.3 Costs Exceeding Estimated Compensation. Except as allowed under 5.2.1, when the total cost
of the original scope Construction Phase and Project Documentation Services exceeds the negotiated
compensation for these services, the OWNER shall pay only for the direct costs incurred in excess of
the estimated compensation. Thesc costs consist of an amount equal to thc ENGINEER'S Direct Labor
Cost times a factor of 2.6045 for services rendcred which shall include Direct Labor, thc fcderally
audited payroll Direct Labor Overhead, and General & Administrative Overhead costs, but shall not
include any allowance for profit.
6.2.2. Reimbursable Expcnses, as defined in section 7.4 of this Agreement, for ilasic Services and Approved
Additional Services shall be paid to the ENGINEER by the OWNER in the actual amount of the costs incurred
up to an amount not to excccd $ which includcs $ ~__ for consultants employcd by the
Engineer and $ _ for all other reimbursablc expenses. Thc cstimated reimbursablc cxpenses are
identified in Exhibit"
6.2.3. failcd Te,st Expcnscs. The ENGINEER shall maintain and provide to the OWNER, a rccord of the
costs associated with failing quality control tests pcrformed for the OWNER during thc course of the
construction of the project and rceommend an amount the OWNER dcduct from the contractor(s) payments.
6.2.4 The OWNER shall pay an amount for Additional Services rcndered by the ENGINEER and approved
in writing by the OWNER on the basis of the ENGINEER'S Direct Labor Costs times a factor of _' or an
amount otherwise negotiatcd at the timc such services are rcquested and approved by the OWN ER.
ARTICLE 7 - M KANING OF TERMS
7.1 AGREEMENT
As used hercin the term "this Agreement" refers to the contents of this documcnt and its Exhibits attached hereto and
referred to as if they wcre part of onc 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 Projcet designed and specified by ENGINEER, but it will not includc ENGINEER's
compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, propcrties unless this
Agreemcnt so specifies, nor will it includc OWNER's legal, accounting, insurance counseling or auditing services, or
intercst and tlnancing charges incUlTed in connection with the Project or thc cost of other serviccs to be provided by othcrs
to OWNER.
7.3 DIRECT LABOR COSTS
Dircct Labor Costs uscd as a basis for payment mean the actual salaries and wages paid to all ENOINEER's personncl
engagcd directly on the Project, including, but not limited to, engineers, architects, surveyors, designers, draftcrs,
specification writcrs, estimators, other technical and business personncl; but does not include indirect payroll rclatcd costs
or fringe bencfits. For the purposcs of this Agreement the principals and employees of the ENGINEER maximum billable
Direct Labor Costs are:
Princi pals
Project Manager
Scnior Engineer
Staff Engineer
Senior Technicians
CADD Draftcr
Technicians
Construction Inspector
Two Person Survey Crew
Clerical
$.43.33/hour
$ 32.67 /hour
$ MJljhour
$,_+J .00 /hour
$ 17.33 /hour
$ 17.33 /hour
$ .l.L2l. /hour
$ 21.00Jhour
$ 31.67 /hour
$J}JJ.jhour
10
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7.4 REIMBURSABLE EXPENSES
Reimbursable Expenses mcan the actual expenses incuITcd by ENGINEER or ENGINEER's independent professional
associates or consultants directly in connection with the Project, such as expenses for: transportation and subsistcnce
incidcntal thereto; obtaining bids or proposals from Contractor(s); subsistence and transportation of Rcsidcnt Project
Representatives and their assistants; toll telephone calls and telegrams; reproduction of reports, Drawings, Specifications,
Bidding Documcnts and similar Project-related items; and if authorized in advance by OWNER, oveliimc work requiring
higher than regular rates. In addition, when compensation for Basic Services is on the basis of Direct Labor Costs method
of payment, Rcimbursable Expenses will also include the amount billed to ENGINEER by special consultants employed
by ENGINEER and authorizcd by OWNER (other than as an authorized Additional Services) and will also include
expenscs incuITed for computer time and other specialized equipment, including an appropriatc charge for previously
established programs and expenses of photographic production techniqucs.
ARTICLE 8 - PA YMENT PROVISIONS
8.1 TIMES OF PAYMENTS. ENGINEER may submit monthly statements for Basic Services and approved
Additional Services rendered and for Reimbursable Expenses incuITed; however, payments shall not cxcced the ceilings
providcd in 6.1 and 6.2. Final payment shall be made only after acceptancc of the project by thc OWNER. If OWNER
disputcs the amount of the billing, OWNER will notify the ENGINEER in writing within tcn (10) calendar days of thc
receipt of bill of the dispute.
8.2 REQIJESTS FOR PAYMENT. Each rcquest for payment shall include a documcntation summary of thc
pcriod incremcntal man hours incuITed, direct labor rates and billed rates, detail of reimbursable costs, total period billing,
and total cumulative billing. When requcstcd by OWNER scrvices for distinct project segments shall be accounted and
billed separately.
8.3 PAYMENT UNDER TERMINATION. In thc 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 serviccs. In the event of such termination by OWNER during any phase of the Basic Services,
ENGINEER also will be reimbursed for thc charges of pre-approved independent professional associatcs and consultants
employcd by ENGINEER to render Basic Services, and paid for services rendcrcd during that phasc on the basis of the
paymcnt provisions of the Agreement. In the event of any such termination, ENGINEER will bc paid for unpaid pre-
approved Additional Services and unpaid Reimbursable Expenses which are authorized under this af,'Teement.
ARTICLE 9 - GENERAL CONSIDERATIONS
9.1 TERMINATION OF AGREEMENT
9.1.1 The sole right is hcreby reserved to the OWNER to tellllinate this Enginecring ^f,'Teement for any and
all causcs or for its convcnience at any timc upon fifteen (15) days written noticc to the ENGINEER.
9.1.2 If tcrmination for default is effected by thc OWN ER, an equitable adjustment in the price provided fIll'
in this Agrecment shall bc made, but (I) no amOll1lt shall bc allowed for anticipatcd profit on unperformcd
scrvices or other work, and (2) any payment due to thc ENGINEER at the time ortemlination may bc adjusted to
cover any additional costs to thc OWNER because of the ENGINEER's default. If termination for convenience
is effectcd by the OWNER, the equitablc 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 scrvices rendcred and expenses inculTed prior to the termination, in addition to tcmlination
settlement costs reasonably incurred by the ENGINEER rclating to commitments whIch had becomc firm prior to
the termination.
9.1.3 Upon reccipt of a termination action undcr paragraph 9.1.2, the ENOINEER shall (I) promptly
discontinue all affected work (unless the notice dirccts otherwise), and (2) deliver or otherwise llluke availahle to
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the OWNER within ten (10) days copies of all data, design drawings, specifications, reports, estimatcs,
summaries and such other information and materials as may have been accumulatcd by the ENGINEER in
perfolllling this Agreement, whether completed or in proccss.
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9.1.4 In the event this Contract is tellllinated prior to completion, thc original copies of the ENGINEER'S
data, rccommendations, plans, specifications, analysis and other related documents prepared by thc ENGINEER
prior to said termination shall bc delivered to and become the propel1y of the OWNER.
9.1.5 Upon termination, the OWNER may take over the work and may award another party an Agrcement to
complete the work under this Agreement.
9.1.6 OWNER'S right to tellllinatc is in addition to any other remedies OWNER may have undcr thc law.
9.2 INSPECTION AND AUDIT
A II books, papcrs, records, payrolls, vouchcrs and invoices relating to costs and cxpcnditures incurrcd as to thc
performance of the serviccs by the ENGINEER hereundcr shall be made available to the OWNER, or their authorized
rcpresentativcs for audit and revicw, at the ENGINEER'S respectivc 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 cmployed or retaincd 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 tlde 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 rccover the full amount of such fee, commission,
percentage, brokerage fee, gift or contingent fec.
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, crced, 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 Viol' 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
llle ENGINEER shall not sublet or assign any of the work covcrcd hcrcin without prior written approval ofthe OWNER.
9.6 ST ANDARD OF CARE
In providing serviecs under this agrecment, the ENGINEER will pcrform in a manner consistent with the degrec of earc
and skill ordinarily exercised by members of the same profession currently practicing undcr similar circumstances. Ifany
service should be found to be not in conformance with this standard, the ENGINEER shall, at thc OWNER's rcquest, re-
pcrfollll the service at its own expense. Engineer shall also, at its own expense, make such changes, modifications or
additions to the project which arc madc necessary as a result of thc initial non-performance or the re-perfonnancc of
scrvices. The OWNER's rights hcrein are in addition to any other remedies the OWNER may have under the law.
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9.7.1
9.7 LEGAL RELATIONS
9.7.2
9.7.3.
9.7.4
9.7.5
9.7.6
9.8 INSURANCE
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, its officers, directors,
agents, and employees from and against any suits, causes of action, claims, demands, damages, costs,
expenses, obligations, and liability of any character, including attomey's fees, arising out of or resulting
from or in connection with the ENGINEER's negligent performance of the services specified in this
agreement. In the event the OWNER is found proportionatcly responsible, the ENGINEER will be hcld
responsible only for those damages, costs, attomey's fees, and liabilities as are attributable to the
ENGINEER's percent offault as compared with 100% of the fault giving rise to the damages.
llle ENGINEER agrees to indemnify, hold hamlless and defend the OWNER, its officers, directors,
agents, and employees from and against any suits, causes of action, claims, demands, damages, costs,
expenses, obligations, and liability of any character, including attorney's fees, arising out of or resulting
from or in connection with the ENGINEER's non-negligent perfomlance of the services specified in
this agreement. In the event the OWNER is found proportionately responsible, the ENGINEER will be
held responsible only for those damages, costs, attomey's fees, and liabilities as arc attributable to the
ENGINEER's percent of fault as compared with 100% ofthe fault giving rise to the damages.
In an appropriate case in which attollley's fees are awarded to the OWNER following a wrongful
refusal of a tender of defense, said fees may include fees and salary paid by the OWNER to the City
Attomey or other in-house counsel.
The indemnity required herein shall not be limited by reason of the specification of any particular
insurance coverage in this agreement.
The ENGINEER 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.
The ENGINEER shall secure and furnish to the OWNER certificate of insurance, therein, naming the OWNER as an
additional insured, to include thirty (30) days notice of cancellation or non-renewal.
Without limiting any of ENGINEER's obligations hereunder, ENGINEER shall secure and maintain, until the work is
completed and accepted by the OWNER, insurance coverage naming the OWNER as additional insured with minimum
insurance coverage as follows:
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~qf Coverage
Limits
..'
EnlQlovcrs' Liability:
$ 100,000 per accident
Gcneral Ij~bilitv:
!;lodilv Iniury & PropertyDamagc
Single and combincd:
jll ,000,000 per accident
Gencral Aggregatc:
$2,000,000
Exccss Li"lbilitv coverage (umbrel1!}
$1 ,OOO,OQQ each occunence
Automobilc:
Bo~ljJv Iniurv covering all
automobiles, trucks,_
tractors, trailers, or
other automotive equip-
mcnt whether owned or
rented by Engineer or
owned by cmployees of
Engincer.
$1 ,000,000 each person
$1 ,000,00.0 each occunence
Property_Damage covering
all automobiles, trucks,
tractors, trailers or other
automotive equipment whcther
owned or rentcd by Engineer
or owncd by employecs of
Engineer
$100,9.0.0 each occunence
OR
13odily,Iniurv & PronmY
p~mage Single and combined
$1 ,OOQ,OOO cach occunence
In addition to thc above insurance coverage, the ENGINEER shall securc and maintain, until the work is completcd
and acccptcd by the OWNER, and without naming OWNER as an additional insured, professional elTors and
omissions coverage as follows:
Prof~,~sional Enor~.& Omissions:
tLQ.QO,OOO pcr claim and
aggregate cach occurrencc
9.9 ENDORSEMENT
The ENGINEER shall place his endorscment on all drawings and other data furnishcd by him.
9.10 OWNERSIIIJ> OF DOCllMENTS
The parties admit and agree the documents produced under this agreement are not intended or represented to be suitable
for reuse by OWNER or any othcr individual on any other project. Any reusc without written vcrification or adaptation by
ENGINEER will bc at OWNER's sole risk and witbout liability or legal exposure to ENGINEER, or to ENGINEER's
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independent professional associates or consultants. Files in electronic media format of text, data, graphics, or of other
types that arc fumished by ENGINEER to OWNER are only for convenience of owner. Any conclusion or information
obtained or derived from such electronic files will be at the user's sole risk.
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 Govemment 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 tenn and for one (1) year from the date of tlnal payment.
Such accounting records and other evidence pertaining to the cost incurred will be made available for inspections by
OWNER.
9.14 SlJCCESSOKS IN INTEREST
The covenants, agreements and all statements in this Contract apply to and shall be binding on the heirs, personal
representatives, successors and assigns of the respective parties.
9.15 ATTORNEY'S FEES ANI> COSTS
That in the event it becomes necessary for either Party of this Contract to retain an attomey to enforce any of the temlS or
conditions of this Contract or to give any notice required herein, then the prevailing Party or the Party givmg notice shall
be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City
A ttomey.
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 BOZJ<:MAN, MONTANA
ENGINKKR
"BY:
,L~
(City Manager)
~~~~
DATE: December 16. 20,~m
DATE: Z{o (Joe::>
6)0D'7...-
ATI~'ES .
I3Y: . .~. J b~_
( .. erk of Commission)
H:\0417\OJ9\docs\Final Profess Serv Agr~el1lellUtr
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EXHIBIT A
TO AGREEMENT I3ETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES
ENGINEER'S STAI'US 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-MAIERI..E, INC.
(ENGINEER) providing for professional engineering services.
ARTICLE 10 - ENGINEER'S STATUS DURING CONSTRUCTION
10.1. OWNER'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 wTitten 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 detennine, 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 REPRI<~SENTATION
If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER
in observing the perfonnance 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 TIlE DUTIES,
RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RI<:SIDENT PROJECT
REPRESENTATIVE.
10.4. CLARIFICATIONS AND INTERPRETATIONS
ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements
ofthe Contract Documents (in the form of Drawings or otherwise) as ENGINEER may deternune 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 ContTact Time and the parties are unable to agrce 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 arc unable to agree as
to the amount or extent thereot: CONTRACTOR may make a claim therefor as provided in the Gencral Conditions
of the Construction Contract.
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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 contractor's Application for Payment shall comply with the
payment provisions of the General Provisions of the construction Contract Document.
10.8. IlETERMINATlONS FOR UNIT PRICES
ENGINEER will determine the aetual 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 reconunendation of an Application for
Payment or otherwise) to OWNER.
10.(), DECISION ON DISPUTES
10.9.1. ENGINEER will be the initial interprctcr of the requircmcnts of the Contract Documents and judge of thc
acceptability of the Work thereunder. Claims, disputes and othcr mattcrs relating to thc acccptability of the Work or thc
intcrprctation of the rcquirements of thc Contract Documents pcrtaining to the pcrformance and furnishing of thc Work and
claims under Thc Gcneral Conditions of the Construction Contract in rcspect of changes in the Contract Price or Contract
Time will bc referred initially to ENGINEER in writing with a rcquest for a formal dccision in accordancc with this
paragraph, which ENGINEER will rcnder in writing within a rcasonable time, Writtcn notice of each such claim, dispute
and other matter shall be promptly rcported and copicd to the OWNER.
10.9.2. Whcn functioning as interpreter undcr paragraphs 10,8 and 10,9.1, ENGINEER will not show partiality to
OWNER or CONTRACTOR and will not bc liable in eonncction with any interprctation or decision rendcrcd in good faith
in such capacity. The rendcring ofa decision by ENGINEER pursuant to paragraphs 10,8 and 10.').1 with respect to any
such claim, dispute or other matter will bc a condition prcccdent to any exercisc by OWNER or CONTRACTOR of such
rights or rcmcdies as either may otherwise have under the Contract Documents or by Laws or Rcgulations in respcct of any
such claim, dispute or othcr matter.
10,10, LIMITATIONS ON ENGINEER'S RESPONSIBILITIES
10,10.1. Neither ENGINEER's authority to act undcr this Article or elsewhcrc in the Contract Documcnts nor any decision
made by ENGINEER in good faith either to cxercise or not excrcisc such authority shall give rise to any duty or
rcsponsibility of ENGINEER to CONTRACTOR, any Sub-contractor, any Supplicr, or any other pcrson or organization
performing any of the Work, or to any surcty for any of them.
10.10.2. Whcnever in thc Contract Documcnts the terms "as ordcrcd", "as directcd", "as rcquired", "as allowcd", "as
approvcd" or terms of likc cffect or import are used, or thc adjcctives "reasonablc", "suitable", "acceptable", "propcr" or
"satisfactory" or adjcctives of likc cffect or import are used to describc a rcquirement, direction, rcview or judgment of
ENClINEER as to the Work, it is intended that such requirement, dircction, review or judgment will be solely to evaluatc the
Work for compliance with thc Contract Documcnts (unless there is a specific statemcnt indicating otherwise), Thc usc of
any such tcrm or adjectivc shall not be effcctive to assign to ENGINEER any duty or authority to supcrvisc or direet the
furnishing or pcrformance of the Work or any duty or authority to undcl1akc rcsponsibility 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. (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
ENGIN FER in observing perfOlmance ofthe 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 CONTRAcrOR'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 arc 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 ami under the supervision of ENGINEER, and
will confer with ENGINEER regarding RPR's actions. RPR's dealings itll11atters 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.
11.2. UUTIES AND RESPONSIBILITIES OF RPR
11.2.1. S,<;,hedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of
values prepared by CONTRACTOR and consult with ENGINEER conceming acceptability,
11.2.2. (:9nferences and Meetings: Attend meetings with CONTRACTOR, such as preconstruction
conferences, progress meetings, job conferences and the project-related meetings, and prepare and circulate
copies of nun utes thereof.
11.2.3, 1,iaison:
11.2.3,1. Serve as ENGINEER's liaison with CON'fRACTOR, 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 ofthe Work.
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11.2.4. Shop Drawings 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. Rejection of Defective Work. Inspections and Te~:lli:
11.2.5.1. Conduct on-site observations of the Work in progress to assist ENGINEER 111
determining if the Work is in general proceeding in accordance with the Contract Documents.
I 1.2.5.2. 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.
l1.2.S.3.Verify that tests, equipment and systems startup and operating and maintenance training
are conducted in the presence of appropriate persollilel, and the CONTRACTOR maintains
adequate records thereof; and observe, record and report to ENGINEER appropriate details
relative to the test procedures and startup.
1 1.2.5.4. 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. Modificiltions: Consider and evaluate CONTRACTOR's suggestions for modifications 111
Drawings or Specifications and report with RPR's recommendations to ENGINEER. Transmit to
CONTRACTOR decisions as issued by ENGINEER.
11.2.8. Recgrds:
11.2.8.l.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, dccisions, observations in general, and
specific observations in more detail as in the case of observing test procedures; and send copies to
ENGI NEER.
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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:
l1.2.9.1.Furnish ENGINEER periodic reports as required of progress of the Work and of
CONTRACrOR's compliance with the progress schedule and schedule of Shop Drawing and
sample submittals.
l1.2.9.2.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.
1 1.2.9.4. Report immediately to ENGINEER and OWNER upon the occurrence of any accident.
11.2.10. Pavment R.<equests: 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. Certifi<<.ates, 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. I 2.1. 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 itcms 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
reconmlendations to ENGINEER concerning final acceptance.
11.3. LIMITATIONS OF AlJl'HORITY
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.
B-3
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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 constmction 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.
B-4
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EXHIBIT C - Engineering Fee Estimate
City of Bozeman West Babcock SID Formation
STAFF HOURS SUMMARY
Position: PRINCIPAL SUPERVISING SENIOR SENIOR DESIGN STAFF CADD LAND SURVEY
II ENGINEER ENGINEER II ENGINEER ENGINEER ENGINEER TECH CLERICAL SURVEYOR CREW
Per5onnel: SCHUNKE FORBES NICKELSON STRATTON I MALMRERG AUSTIN I HANSEN STANDIFORD MARINKO VARIOUS
FOLEY JAC06SEN
SUIHOTAL
TASKS HOURS
If!$k 1 - Preliminary EliginQQrlng Report 596 4 48 64 116 32 68 120 12 44 88
Compile plats & record drawings 46 2 4 24 4 12
Pickup survey 108 4 16 88
Topography mapping 42 2 24 16
Traffic evaluation 20 20
Cross section alternatives 20 4 8 8
Storm drainage design 84 4 24 32 24
Private utllities coordination 24 24
Structural section I geotech work 24 24
Alignmont and grade 56 8 32 16
Lighting 16 8 8
Water & sewer 40 24 16
Evaluate construction easements 24 24
Cost estimate 36 4 8 24
Preliminary Engineering Report 32 8 16 8
QA reviow 4 4
Presentation to City Commission 20 4 8 8
2
2
..!.!!~,,~ - SID Boundary 3,"!?" Information 156 12 16 80 48
Coordinate final boundary with City 3 3
Finalize Exhibit Map 32 4 16 12
Propare legal description 38 2 36
Data acquisition from City 5 1 4
Fill in data gaps 78 2 76
T..~..4<OI.tdot Fo''''''tl",''' 8
Inf~[tliational meeting 8
R",~6Iutions coor
Pbblichearing pres . .... .... n
Review protests I waiY~ls
TurAL OF STAFF HOURS REOUIRED 832 6 100 80 128 32 68 144 94 92 88
HOURLY RATES $130.00 $9800 $85.00 $7800 $67,00 $63,00 $52.00 $40.00 $63,00 $95,00
LABOR COST 8Y POSITION $780 $9,800 $6,800 $9,984 $2,144 $4,284 $7,488 $3,760 $5,796 $8,360
TOTAL LABOR COST: $59,196
NUMBER UNIT TOTAL
DIRECT EXPENSE DESCRIPTION UNITS UNITS COST COST NOTES
Subsistonce Per Diem days $25.00
Automobile Transportation - Mileage miles 200 $0.62 $124.00
Equipment chargos d~ys 2 $55000 $1,100,00 CPS I::l.juipmcnt
Equipment cha'ges days 8 $400,00 $3,200,00 RTK System
Subcontracted Services:Geotechnical Is 1 $5,000.00 $5,000.00 GMT Consult.3n~5
Goneml Printing sheots 300 $010 $3000
Plan Printing sheets 100 $0,60 $60,00 .5 plan & profile sheets: 20 shee1$ of tmss sC?ctions
Technology and CommlJnic~tions hours 832 $2,50 $2,080.00
postagelF reight each 1 $10,00 $10,00
MiscellClneous Is 1 $50,00 $50,00 Miscel!aneQ~J$ survey supplies
TOTAL DIRECT EXPENSES: $11,654
TOTAL
SUMMARY TABLE COST
Direct Labor $59.196
Direct Expenses $11,6S4
TASKS TOTAL: $70,850
C-1
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AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
FOR
WEST BABCOCK STREET IMPROVEMENTS
MMI. No. 417.039
THIS IS AN AGREEMENT made as of September 22 ,2003, between
THE CITY OF BOZEMAN, a Municipal Corporation, P.O. Box 1230, Bozeman, Montana,
59771-1230 (OWNER) and Morrison-Maierle, Inc., P.O. Box 1113, Bozeman, Montana, 59771-
1113 (ENGINEER).
WHEREAS the parties previously entered into a Professional Services Agreement dated
December 16, 2002, herein referred to as the Original Agreement, for professional engineering
services to provide a Pre-design Report, and assist the City with Special hnprovement District
Formation relating to widening West Babcock Street.
WHEREAS, the parties desire to amend provisions of the Original Agreement to include
preliminary design, final design, and bidding and negotiating engineering services for the West
Babcock St. improvements; and
WHEREAS, the parties desire to amend provisions ofthe Original Agreement to increase the
scope of work and maximum allowable amount of payment to Engineer for services and expenses.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, the parties agree as follows:
Article 1 - Eneineerine Services
1.1 The detailed description of specific project components is amended as follows:
Task 5
Preliminary Design Phase
Based on the approved West Babcock Street SID Pre-design Report, provide preliminary
design phase services as described in this agreement. Preliminary correspondence will be
initiated with individual property owners along the corridor to discuss impacts the road
project will have on each individual property and plans to mitigate the impacts. Additional
survey work on affected private properties will be completed, as necessary. Preliminary
plans and specifications will be prepared for the road, water, sewer, and drainage
improvements, traffic design for signing and striping, private property mitigation, and
construction traffic control. Preliminary plans will be submitted for review and comment to
the City of Bozeman and MDEQ. Construction permit applications will be submitted for the
1
Task 6
Final Design Phase
. ,
MPDES Storm Water Discharge Permit, 310 permits for culvert crossings, and groundwater
discharge associated with construction activity.
Based on approved Preliminary Design Documents and after written authorization to
proceed, provide final design phase services as described in this agreement.
Correspondence with individual property owners will continue in an effort to effectively
mitigate impacts of the new roadway to these residences. Plans and specifications will be
finalized and bid packages prepared.
Task 7
Bidding or Negotiating Phase
Based on approved Final Design Documents and upon written authorization by the
Owner to proceed, provide bidding and negotiating phase services as described in this
agreement. Work will entail assisting the City of Bozeman with advertising the project
for public bid and include addressing questions that surface during the bidding process
and preparing addenda to the bid package as necessary to clarify these questions,
attending the bid opening, tabulating the bids, and making a recommendation to the City
of Bozeman for awarding the construction contract. Also included in this phase is the
preparation and delivery of the construction contracts to the apparent low bidder and
review of executed contracts, bonds and insurance documents.
ARTICLE 3 - OWNER'S RESPONSIBILITIES
Section 3.1 of the Original Agreement is amended as follows:
3.1 The OWNER shall name a Task Director who shall be the liaison between the
ENGINEER and the OWNER during the DESIGN segment of the Project. The Task Director
designated shall be Sue Stodola, P.E.
ARTICLE 4 - BASIC ENGINEERING SERVICES
Section 4.2 and 4.3 of the Original Agreement is amended to include the following:
4.2 PRELIMINARY DESIGN PHASE
The Preliminary Design Phase will be completed and submitted within 240 calendar days
following written authorization from OWNER to ENGINEER to proceed with that phase of
servIces.
4.3 FINAL DESIGN PHASE
The Final Design Phase will be completed and submitted within 60 calendar days following
written authorization fro OWNER to ENGINEER to proceed with that phase of services.
2
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ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE-
6.1 LUMP SUM PAYMENT FOR DESIGN SERVICES AND EXPENSES OF
ENGINEER
Sections 6.1.1, 6.1.2 and 6.1.4 ofthe Original Agreement are amended to include the following:
6.1.1.1 Payment. The OWNER shall for design phase services performed as Basic
Engineering Services under sections 4.2 through 4.4 ofthis agreement pay a total sum in the
amount of $163.500 for such services.
6.1.2.1 Payment Schedule. Total cumulative payments for the design phase engineering
services (sections 4.2 through 4.4) shall not exceed the following ceilings:
$114,450 (70% of design fee) until the Preliminary Plans and Specifications have been
submitted to the OWNER and review authorities.
$152,055 (93% of design fee) until the Final Plans and Specifications have been submitted to
the OWNER and review authorities.
$160,230 (98% of design fee) until the Engineer provides a recommendation to the City of
Bozeman regarding the award of the Construction Contract.
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 (4.2 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.
Except as specifically amended herein, the Original Agreement shall remain in full force and effect
and the parties shall be bound by all terms and conditions therein.
In witness whereof, the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN, MONTANA
BY. j - 1
(City Manager)
DATE: September 23. 2003
MORRISON-MAIERLE, INC.
BY. I, s:."-,. .'-,"'? . : /J ((_~.
. ~~,.. r~~ ,."dc~.-".~,,,
~ (Vice-President)
DATE: 1,5" s:_ P ~ .!2 (' e ~
ATIC2t
BY: p ~ ~
(Clerk of Commission)
H:\04I 7\039\docs\CQNTRACTS\PSA Amendment # I.doc
3
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EXHIBIT C.1 " Engineering Fee Estimate
City of Bozeman West Babcock SID Formation
STAFF HOURS SUMMARY
Position: PRINCIPAL SUPERVISING SENIOR SENIOR DESIGN STAFF CADD SURVEY
II ENGINEER ENGINEER II ENGINEER ENGINEER ENGINEER TECH CLERICAL CREW
TASKS HOURS
Task 5 ' Preliminary Design 1870 4 144 620 160 40 336 416 86 64
Preliminary Property Designs 120 120
Property Mitigation Plans 160 80 80
Agreements Preparation 64 16 40 8
Final Property Designs 40 40
ROW Exhibits 160 40 40 40 40
ROW Coordination/Assistance 80 8 8 40 24
Additional Roadway Surveys 32 8 24
Additional Private Property Surveys 56 16 40
90% West Babcock SI. Design 104 24 40 40
90% Intersections Design 160 40 80 40
90% Sewer Design Plans 80 16 40 24
90% Water Design Plans 56 8 16 32
90% Drainage Design Plans 176 8 40 48 80
Striping 48 24 24
Signing 24 16 8
Lighting 24 16 8
Signal @ Main 24 8 16
Traffic Control Plans 104 24 40 40
Storm Runoff Permit 36 16 16 4
General Discharge Permit 12 8 4
310 Permit 40 40
90% Project Manual 88 48 16 24
MDEQ Review 10 8 2
City of Bozeman Review 32 12 16 4
Quality Assurance 28 28
Project Management 112 4 28 40 40
Task 6 - Final Design 230 22 88 80 40
Final Plans & Specs 144 40 80 24
Bid Packaging 42 2 24 16
Property Owner Correspondence 16 8 8
Quality Assurance 8 8
Project Management 20 4 16
Task 7 - ProJect Bidding 158 22 76 28 32
Biddi ng/ Advertising/ Addendums 96 8 40 24 24
Bid Opening/Bid Tabs/Recommendations 20 4 8 4 4
Construction Contracts 32 4 24 4
Quality Assurance 4 4
Project Management 6 2 4
TOTAL HOURS 2258 4 188 784 160 40 444 416 158 64
HOURLY LABOR COST $44.70 $31.64 $26,82 $25,79 $18,57 $21.66 $12,04 $11,00 $34,39
LABOR COST BY POSITION $178.81 $5,948,62 $21,027,82 $4,126,59 $742.84 $9,617.44 $5,008,93 $1.738,06 $2,201,07
TOTAL COST OF DIRECT LABOR: $50,590
NUMBER UNIT TOTAL
DIRECT EXPENSE DESCRIPTION UNITS UNITS COST COST NOTES
Automobile Transportation - Mileage miles 530 $0.67 $355
Equipment charges hours 750 $1.00 $750
Project Supplies each 1350 $1,00 $1,350
Technology and Communications hours 2258 $3,00 $6,774
Printing/Blue Printing/Copy each 2500 $1,00 $2,500
TOTAL DIRECT EXPENSES: $11,729
LABOR!
DIRECT EXPENSES TOTAL
DESCRIPTION LABOR EXPENSES FACTORS COST
Direct Labor $50,590 3,00 $151,771
Direct Expenses $11,729 1.00 $11,729
TASKS TOTAL: $163,500
C-1
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AMENDMENT NO.2 TO
PROFESSIONAL SERVICES AGREEMENT
FOR
WEST BABCOCK STREET IMPROVEMENTS
MMI. No. 417.039
THIS IS AN AGREEMENT made as of Apri 1 4 ,2005, between
THE CITY OF BOZEMAN, a Municipal Corporation, P.O. Box 1230, Bozeman, Montana,
59771-1230 (OWNER) and Morrison-Maierle, Inc., P.O. Box 1113, Bozeman, Montana, 59771-
1113 (ENGINEER).
WHEREAS the parties previously entered into a Professional Services Agreement dated
December 16, 2002, herein referred to as the Original Agreement, for professional engineering
services to provide a Pre-design Report, and assist the City with Special hnprovement District
Fonnation relating to widening West Babcock Street.
WHEREAS, on September 22, 2003, the parties previously amended provisions of the
Original Agreement to include preliminary design, final design, and bidding and negotiating
engineering services for the West Babcock Street improvements; and
WHEREAS, additional services relating to the creation of a special improvement district,
wetland permitting, and coordination with private utility companies and private property owners was
provided; and
WHEREAS, the parties desire to amend provisions of the Original Agreement to include
construction engineering services for the West Babcock Street improvements; and
WHEREAS, the parties desire to amend provisions ofthe Original Agreement to increase the
scope of work and maximum allowable amount of payment to Engineer for services and expenses.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, the parties agree as follows:
Article 1 - Enl!ineerin!! Services
1.1 The detailed description of specific project components is amended as follows:
Task 4
District Formation
ENGINEER will conduct two informational meetings with affected property owners and
residents to review the project and special improvement district. A presentation will be will
be made in concert with staff.
1
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Task 6
Final Design Phase
Based on approved Preliminary Design Documents coordinate with private utility companies
to identify and address conflicts between the proposed improvements and private utility
facilities along the project corridor. Attempt to coordinate any private utility relocation work
necessary to facilitate project construction, Provide environmental services to delineate
wetland areas that will be disturbed during the project construction and coordinate with the
Montana Wetland Legacy to effectively mitigate the disturbed areas.
Task 8
Construction Engineering
Based on approved Final Design Documents and upon written authorization by the
Owner to proceed, provide construction phase services as described in this agreement.
Work will entail:
.
Pre-Construction Conference - Conduct a pre-construction
conference with the contractor and city staff.
Construction Administration and Observation - Provide full time
construction observation services during the course of the project.
Review project pay requests and provide recommendations
regarding change orders and potential claims.
Construction Staking - Provide grade and alignments stakes for the
contractor to construct the project.
Project Review and Closeout - Provide project summary and
closeout report to the City.
Record Drawings and Certification - Provide record drawings and
certification to the City and DEQ.
One Year Warranty Inspection - Conduct warranty inspection with
the City and contractor and prepare a warranty inspection report.
Construction Testing - Provide construction quality control testing
in accordance with the City of Bozeman Design Standards and
Specifications Policy.
Private Utility Coordination - Coordinate with private utility
companies (Northwestern Energy and Qwest) for relocation of
existing utilities.
Private Property Owner Coordination '- Continue correspondence
with individual property owners to effectively mitigate impacts of
the new roadway to properties along the project corridor.
.
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.
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ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE -
Section 6 of the Original Agreement is amended to include the following:
6.1.1.1
The OWNER shall for design phase services performed as Basic Engineering
Services under sections 4.2 through 4.4 ofthis agreement pay a total lump sum
in the amount of$214,399 for such services.
6.2.1
The OWNER shall pay for Construction Phase and Project Documentation
Services an amount not to exceed $224,653 except as provided under 6.2.1.2
and 6.2.4.
6.2.2
Reimbursable Expenses, as defined in section 7.4 ofthis 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 up to an amount not
to exceed $32,715 which includes $0.00 for consultants employed by the
Engineer and $32,715 for all other reimbursable expenses.
ARTICLE 7 - MEANING OF TERMS
7.3 DIRECT LABOR COSTS
Section 7.3 of the Original Agreement is amended to include the following:
For the purposes of this Agreement the principals and employees of the ENGINEER maximum
billable Direct Labor Costs are:
Principals
Proj cct Manager
Senior Engineer
Staff Engineer
Senior Technicians
CADD Drafter
Construction Inspector
Two Person Survey Crew
Clerical
$46.00/hour
$36.00/hour
$36.00/hour
$22.00/hour
$28.00/hour
$20.00/hour
$30.00/hour
$38.00/hour
$15.00Ihour
Except as specifically amended herein, the Original Agreement shall remain in full force and effect
and the parties shall be bound by all terms and conditions therein.
3
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In witness whereof, the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN, MONTANA
By:dlwA~~~
(City Manager)
DATE: Apri 1 4. 2005
ATTEST:
BY(jjpY ~
( ,erk of CommIssIOn)
11:\0417\039\docs\CONTRACTS\PSA Amendment #2.doc
_.E, INC.
~
(Vice-President)
DATE: 6lS ('10. r 0':;-
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'_ r.....OR R ISON-MA! ER LElCSSA F ILENA\.lE .~..,est BabcDck -St.'eet Constructic-n E ...gine-erir.g ....vGRD PROCESSI NG RA. TE 110.00 JHR SAlARY ADJ USTMENT PotU L TI 1
I P 'lOJEC 1 ESTI"A T NG SHEET D.t..TE 29-Mar.O::- FR NG% OHEAD% PRO;: IT% ENGINEER I:'\IG COM PUlER RATE $1000 IHR PROt=ESS',ONAL SERV ICE MIL 11
PREPAREC.3Y GJ8 4832% 75.88% '15.00'% 2:9999 VEH ICLE. RATE $0.62 IMI EXPENSE MUL T IP~ ,
TVALI1\ O'N"I PROJ NL..M BE R 4':70390:)1 CAOD COMPUTE R $1{1.00 .'HR
I I
I' S257,J6e ' LABO:;: COSTS EXPE"JS ES TOT,:"LS & PERCEN
DEP. he- Sup_ Eng P.M Froi_ En.;. . S~aff Eng :;'1"19 Tech 'JrOlf't Sur.'e~' CLER 1 1 1 1 1 " 1.1 1 1 1 1 1
Ra~e- ROIts ;;;:a~e Rate Rate Ra1E- Ra~e Ra~e Rate TOTAL TOTAL
; ~a.....~ate 46.00 3333 29.00 2<iC() 22.67 ',9.00 .,1.67 3333 .,4.67 'L_P.B:JR P R! ","TI~m EXPENSE TOTAL
::::nar:le Rale-1flc.'o', 13B.CO .oe,.O;) B7.0C 72_0;) 68:;)C 57C';) 53 CO iOO_OO 44.00 COST COM PANY T echnol:)g~. PER 0 iEM EQUIP PROF". 8L'J PRNT MAPS & FREI m-n 1 PROJECT ITEMS FEE
T ASK..'OEPT rlOIJRS HOU RS hOURS HOURS HOURS I-<_QIJRS I-'OIJRS HOJRS HOU;:;:S "ii:.H ICL~ Charoe CI-'-ARGE SERV iCE COPY ?HOTOS POSTAGE SL.:-PPU ES
Projecl Management 8C SO 1 28;) .${i,66?
696:) Se,960 260 6667 05947 13907
S u bmlnals & precon " 40 B .. 2::: 308
-!-3,':'SC $2838 .$352 $6,71:::: $16 .$3003 $324 $7,03-6
\
Stakin9J'L..yout " 38C '20 300 1470 3000 5DC
t2_S8;) 137,999 S4(',-57'J $ ~ 66 .$1,47C $:3,G08 $500 $5156 l46_C'::!o5
Construction Observation 228 14;)0 50 1688 9::100 58&;) 4800 5DC
$1-::;.148 $100798 $2,&40 $1:22,576 S5:::--B0 $5 BBO $4 COO $.500 $15,960 $13-8,538
Cons.truction Testing. '0 60 100 250 35D 'ODD $10;) lDO
$2680 $3420 $6,30C $155 $350 $10GO $100 $10C. $-1705 S8,005
i
Constn.lclion Adm inistration 28C' 6-;) '" 10C' 119C 50
$201 36C S264') $27,000 $62 51.19-;) $50 $1,302 $283C2
Ree-orrJ 0 r .awlngs ,0 50 < 60 280 $50C. 50
S1392 $4,320 $176 S5_8-68 S2-B8 $500 $50 S2-30 .${i,718
PfOject CloseoutlFin.;l1 Wal kthru ,. 2< 8 56 '0 198
.$2,088 $1726 $352 $':'.16B 525 $196 $221 $4,389
i
WarraJlt:,oSer.....ic-es " 2< B 56 .0 196 50
$28B8 $1.728 $352 j,416-B 525 $1OE $50 .$271 $4435-
! . T Co T:" L . (.j~f5:' B5_5 203_5 7_5 .t.75 1B_5 363
t--- rlOU';;;::::; ". 1626 " 3!!o;) 148 290:) So755- 10.150 &;)00 60;) 79.;7
~.:XU..R :::: $595ea S1',! 2~4 S3420 S379S<;::. $6_5.2 $2:245:::.::' li6 C4B SW15-:' S80C'J $600 57917 32 7~5 >2" 368
T AGES
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