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HomeMy WebLinkAbout02- Morrison-Maierle Professional Services Agreement (2) , PROFESSIONAL SERVICES AGREEMENT THIS IS AN AGREEMENT made as of May 13. 2002 , between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, 59715 (OWNER) and MORRISON-MAIERLE, Inc., P.O. Box 1113, Bozeman, Montana, 59771-1113, (ENGINEER). Whereas the aeeomplishment 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 qualified to perform the professional engincering services for this project described in this Agreement. Therefore, in consideration of the foregoing recitals and the mutual covenants and conditions contained h~rein, 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 LlMITA TIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE, EXHIBIT C - SCOPE OF SERVICES and, EXlIIBIT D - REIMBURSABLE EXPENSES FOR CONSTRUCTIOl\' PHASE SERVICES, are hereby incorporated in and made part of this Agreement. ARTICLE 1 - ENGINEERING SERVICES 1.1. The detailed description of the specific project components is described as follows: North Rouse Trunk Sewer Main Replacement - The project consists of the replacement and upsizing of approximately 8,900 lineal feet of sewcr pipe in Rouse Avenue from approximately 500 feet north of Griffin Drive to one-half block south of Babcock Street. 1.2. Thc scopc of scrviccs under this contract aTe set forth in this agrcement and the attached EXHIBIT "C". ARTICLE 2 - ENGINEER'S RESPONSIBILITIES 2.1. ENGINEER shall perform for OWNER professional engincering scrvices in all phases of thc Projcct to which this Af,'Teement applies as hereinafter provided. These services will include, but not be limited to, serving as OWNER's professional engineering representative for the Project, providing professional engineering consultation and advicc and fumishing 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 thc ENGINEER'S portions of the Project and to prepare and deliver to the OWNER all data, reports, plans, specifications, and rccommendations as designated herein. 2.3. The ENGINEER shall ascertain such information as may have a bearing on the work from local units of govemmcnt, public, and private organizations and shall be authOlizcd to procure infolll1ation from othcr authoritics 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-Chargc for the duration of the project. The Principal-In-Charge shall r be John R. Schunkc, P.E. 2.6. The ENGINEER shall name a Projcct Managcr who shall be the liaison bctwccn the ENGfNEER and the OWNER. The Project Manager shall bc James R. Nickelson, P.E. Thc OWNER may name a Task Director who would be the liaison bctwcen the ENGINEER and the OWNER during the design segment of the Project. 2.7. The ENGINEER shall submit an cstimated progress schedule at the beginning of the work, and monthly progress rcports thercaftcr until the project is complcted. ARTICLE 3 - OWNER'S RESPONSIBILITIES 3.1 The OWNER shall name a Task Director who shall be the liaison between the ENGfNEER and the OWNER during DESIGN scgment of the Project. Thc Task Director designated shall be Robert J. Murray Jr., 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 rccords (as-built drawings, construction rccords, etc.) indicating the existing configuration of the city utilities. 3.4 Thc OWNER will be responsible for Advertising Bid Openings. 3.5 The OWNER shall attend the pre-bid conferences, bid openings, prc-construction conferences, construction progress and other job related meetings, substantial completion inspections and final payment inspections. ARTICLE 4 - BASIC ENGINEERING SERVICES '/'he ENGINEER shall render professional Engineering Services as follows: 4.1 PRE-DESIGN INVESTIGATION PHASE After written authorization to proceed, ENGINEER shall: 4. I. I Consult with OWNER to clarify and detlne OWNER's requirements for the Project and review availablc 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 Idcntify 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 analyscs of OWNER's needs, planning surveys, sitc cvaluations and comparative studies of prospective sites and solutions. The analysis will inelude a review of the scrvicc arca defincd in the City's 1997 Wastewater Facility Plan and make recommendations regarding the sizing of the ncw trunk sewer line. 4.1.5. Provide a general economic analysis of OWNER's requirements applicable to various alternatives. 4.1.6 Assist in formation of Special Improvcment Distfi€ts--{SlD) by prcparing district boundary descriptions and maps;--preparing a property owncr's and assessmcnts rolc lists including project assessmcnt costs based on the-prcliminary project cost estimatcs, and provid-tng tcchnical information at SID p~lblic hearinp, if applicable. (Standard section not applicable to this project.) 4.1.7. Prepare a Report containing schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate clearly the considerations involved (including applicable requirements of governmental authorities having jurisdiction as aforesaid) and the altemative 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 2 itenllzed: Construction Cost, allowance for engineering costs and contingencies, and (on the basis of information fumished by OWNER) allowances for such other items as charges of all other professionals and eonsultants, 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 su~h costs, allowance, etc. are hereinafter called "Total Project Costs". 4.1.8. Furnish 2 copies of the Study and Report documents and rcview thcm in pcrson with OWNER. The Prc-design Investigation Phasc will be completcd and submitted within 30 calcndar days following written authorization from OWNER to ENGINEER to proceed with that phase of services. 4.2 PRELIMINARY DESIGN PHASE A fter 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 thcn prcparc a Preliminary Design Report, preliminary plans and specifications and a writtcn dcscription for the Project. 4.2.3. Preliminarv Design Report: Specific items to be addressed in the design report will include, but not be limited to: 4.2.3.1. Summary of construction requiremcnts with appropriatc drawings for each task ineludcd in the project. 4.2.3.2. Plans for providing water and sewcr services for affected properties during construction. 4.2.3.3. Summary geotechnical report for specific tasks, if needed. 4.2.3.4. Special design considerations for Project tasks with conditions not covered in standard construction methods or specifications. 4.2.3.5. A traffic control plan for each project task, ifncccssary. 4.2.3.6. Rcview thc potential s'.lbsurfacc utility eontlicts and recommend, if warranted, a subsurface utility engineering investigation program. If a subsurfacc enginecring invcstigation is needed it will be considered an additional service. 4.2.4. Dcsign and Construction Survey: The ENGINEER shall conduct a dcsign field survey of thc project areas, as nccessary, for locating existing utilities (such as gas, powcr, telephonc, TV cables, water and sewer lines, irrigation facilities, fences, and approach driveways), existing right-of-way and easements, and making measured drawings of or investigating conditions of existing facilities. The ENGINEER shall provide suitable horizontal and vertical reference control points for the construction phase. 4.2.5. Pcrmits and Rights-of-Way: The ENGINEER shall obtain approvcd pcnnits, liccnscs, and/or easemcnt agrcements from private landowners and any other agencies or cntities requiring similar approvals prior to bidding. These approvals will be coordinated with the OWNER and will be made on easement and permit documents approved by the OWNER. Information and easement descriptions provided in the Basic Engineering Services will be based on data available from design surveys and courthouse records. The ENGINEER will assist the owner in obtaining permits from the Montana Department of Transportation and Montana Rail Link. Any required additional easement agrecments from private land owners will be completed as additional scrvices per Artiele 5 of this agreement. 3 4.2.6. Geotechnical Exolorations and Analysis: The ENGINEER shall conduct such geotechnical explorations and analysis as nccessary for project design and bidding. A gcotcchnical report will be prepared with recommcndations relating to conditions pertinent to the design and construction of the Project. Subsurface information will be obtaincd by reviewing any existing geotechnical data available and using additional backhoe test pits and soil borings as necessary. The geotechnical exploration will be limited to 10 borings to depths of approximately 15 feet and the concurrent installation of 3 observation wclls for groundwater level monitoring. The ENGINEER shall furnish copies of a geotechnical rcport as rcquested to OWNER fo'r use by OWNER and Contractors, and revicw the results of the rcport with Contractors in a pre-bid meeting. The report is to be prepared for design purposes; ENGINEER will not bc responsible ifit is used by others for other purposes. 4.2.7. Preliminary Plans and Soecifications. Prcparc preliminary construction plans and specifications with information which addresses the special features of each project task. 4.2.8. Based on the information contained in the preliminary design documents, ENGINEER will submit a rcvised opinion of probable Total Project Costs to the OWNER. 4.2.9. 'ENGINEER shall prepare and fumish complete copies of preliminary bidding documents and design report as requcsted to OWNER and at the same time fUlllish copies as directcd by OWNER to agencies and/or partics having regulatory responsibilities or direct financial participation in any part of the Project; provide any technical criteria, written dcscriptions and design data necessary for sccuring 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 OWN ER and review authorities, and, if necessary, conduct a plan-in-hand sitc review. All changes agreed to bctwccn ENGINEER and OWNER will be noted in a mcmorandum from thc ENGINEER to the OWNER and incorporated into the final plans and specifications. Thc Preliminary Design Phasc will be completed and submitted within 60 calendar days following written authorization from OWNER to ENGINEER to proceed with that phase of scrvices. 4.3 FINAL DESIGN PHASE After written authorization to proceed with thc Final Desif,'I1 Phasc, ENGINEER shall: 4.3.1. On the basis of thc accepted Preliminary Design documents and thc rcvised opinion of probable Total Project Costs, prep arc for incorporation in the Contract Documcnts final drawings and Technical Specifications of sufficient dctail to show the gcncral scopc, extent and detailed character of the work to be fUlllished and pcrfom1cd by the Contractor(s) suitable for use in the project bidding and construction. 4.3.2. Advise OWNER of any adjustnents to the latest opinion of probable Tota] Project Costs caused by changcs in general scope, cxtent or character or design requirements of thc Project or Construction Costs. FUlllish to OWNER a reviscd opinion of probable Total Project Costs based on the Drawings and Specifications. 4.3.3. Prepare for rcview and approval by OWNER, its legal counsel and other advisors, contract agrccmcnt forms, general conditions and supplementary conditions, and (where appropriate) bid forms, invitations to bid and instructions to bidders, spccial 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 adopt cd by the City of Bozeman. 4.3.4. Fumish OWNER six copics of the Contract Documents (including design drawings, specifications and contracts). The Final Phase will bc complete and submitted within 30 calendar days following written authorization from OWNER to ENGINEER to procecd with that phase of services. 4 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 Documcnts, and issue addenda as appropriate. 4.4.3. Consult with and advise OWNER as to the acceptability of the primc 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 Contraetor(s) when substitution prior to the award of contracts is allowed by the Bidding Documents. 4.4.5. Attend thc Bid opening, prepare bid tabulation, cvaluatc bids, assess bidders' responslVcncss and responsibility and make award recommendation to OWNER. 4.4.6 Facilitate contract award, and thc cxccution and distribution of the contract documents for construction, matcrials, equipmcnt and services. Furnish Owner two original signature sets of executed contract documcnts (including design drawings, specifications and contracts). Furnish contractor with one set of original signature executed contract documents and up to three sets of construction documents. 4.5 CONSTRUCTION PHASE The responsibilities of the ENGINEER during the Construction Phase are summarized as follows: 4.5.1. General Administration of Construction Contract. ENGINEER shall consult with and advisc OWNER and act as OWNER'S rcprcscntativc as providcd in EXHIBIT A - ENGINEER'S STATUS DURING CONSTRlICTION, attached to and made part of this Agreement and may be further provided under the Gencral Conditions of the contract documents. Th,~ extent and limitations of the authority, duties, and responsibilities of the ENGINEER on thc construction job si:e as assigned here-in shall not be modificd cxcept as the ENGINEER may otherwise agrcc in writing. All of OWNER's instruction to Contractor(s) will bc issued through ENGINEER who will have authority to act on behalf of OWNER to thc cxtent provided in thc General Conditions cxccpt as otherwise provided in writing. In addition to thc scrvices provided under Article 10 (Exhibit A) the ENGINEER shall provide thc 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. 5 4.5.1.5 Prepare and provide weekly activity and progress reports to the City's Task Dircctor. 4.5.1.6 ENGINEER shall provide OWNER copies of all corrcspondence between the ENGINEER and Contractor. 4.5.1.7 Issue stop and resume work orders, in whole or in part, when work is not or cannot be perfoffiled in accordance with the Contract Documents. 4.5.1.8 Review and approve, for confomlance with the project technical specifications all shop drawings, and other Contractor submittals required by the Contract Documents. 4.5.1.9 During construction review Contractors' construction schedules and evaluate conformance and progress under the Contract time provisions. 4.5.1.10 Prepare for OWNER'S approval any plan and specification changes which due to any initial design or engincering 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. I .12 Prior to recommending final payment, schedule and conduct with thc OWNER a final projcet inspcetion and submit a rcport to the OWNER documcnting 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 perfonning in accordancc with the desif,"l 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 perfonning in accordance with the design concept. 4.5.2. Resident Proiect Reprcsentative. ENGINEER shall provide a qualified Resident Project Representative at the job site to provide obscrvation 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 patt 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 tbe job site during the course of the Project not lcss than 10 calendar days prior to the pre-construction meeting. Any subsequent change in thc resident representative shall also be subject to the OWNER'S approval. 4.5.3 Limitations of Responsibilities. ENGINEER will not be responsible for CONTRACTOR's means, mcthods, 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 fumish the Work in accordance with the Contract Documents; however, nothing contained in this agreement shall bc construed to release ENGINEER from liability for failure to properly perform dutics and responsibilities assumed by ENGINEER in the Contract Documents. 4.6. PROJECT DOCUMENTATION ENGINEER shall fumish OWNER with (a) one mylar copy and two paper copies of the Project Record Drawings ("As- Sui Its"), (b) written monthly progress reports, and (c) a project notebook containing such correspondence and documentation as requested by OWNER. 6 4.7. CONSTRUCTION TESTING The inspection services shall includc l1)aterial testing and verification of contract compliance with job sitc rcquircmcnts, 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 serviccs and will bc paid thcrefor as provided in the Agreement: 5.1.1. Legal land surveys performed to obtain data for preparing easements and rights-of-way descriptions. 5.1.2. Preparation of applications and supporting documents for governmental agencies in addition to those rcquircd under Basic Services; preparation or review of environmental studies and related services; and assistancc in obtaining environmental approvals. 5.1.3. Services resulting from significant changes in thc general scopc, extcnt or charactcr of thc Project or major changes in documcntation previously acceptcd by OWNER wherc changcs are due to causcs bcyond ENGINEER's control. 5.1.4. Providing renderings or modcls. 5.1.5. Preparing documents for altcrnate 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 nonnalIy furnished by the OWNER as clsewhere herein described. 5.1.7. Furnishing thc services of independent profcssional associates or consultants for other than Basic Scrvices. 5.2. When required by the Contract Documents in circumstances beyond ENGINEER's control, ENGINEER shall perform or obtain from others any of the following Additional Services as circumstances require during construction and without waiting for specific instructions from OWNER, and ENGINEER wiII be paid therefor as provided in this Agreement: 5.2.1. Serviccs in connection with work directive changes and change orders to reflect the changes requested by OWNER if the resulting change in compensation for Basic Services is not commensurate with the additional services rendered. 5.2.2. Services in making revisions to Drawings and Specifications occasioncd by thc OWNER'S acceptance of substitutions proposed by Contractor(s); scrvices 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. 7 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 serviccs during construction made necessary by (I) work damage by fire or other causes during construction, (2) a significant amount of defective or neglectcd work of any Contractor, (3) acceleration or the progress schedule involving services beyond norma] working hours. (4) default by any Contractor. ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE 6.1 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER 6.1.1 Payment. The OWNER shall for design phase services performed as Basic Engineering Services under sections 4.1 through 4.3 of this agreement pay a total sum in the amount of $127,559 for such services. 6.1.2 Pavment Schedule. Total cumulative payments for the design phase engineering services (sections 4.1 through 4.3) shall not excced the following ceilings: $ 38,706 until the Pre-design Investigation and Preliminary Design Report have been submitted to the OWNER. S 121,005 until the Preliminary Plans and Specifications have been submitted to the OWNER and review authorities. S 127 ,~~2. unti I the final Plans and Specifications have been submitted to the OWNER and revie\v authorities. 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 retain age 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 Af,'Teement are reimbursable. All other deSih'11 related expenses are included in the Lump Sum Payment for the Basic services (4.1 through 4.3) and are not separately reimbursable. Additional Services specifically identified under the scope of design services for payment under 6.1 are not separately reimbursable. 6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER. Construction and project documentation services performed as Basic Engineering Services under sections 4.4 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. I The OWNER shall pay for Construction Phase and Project Documentation Services an amount not to exceed $137,607 except as provided undcr 6.2.1.2 and 6.2.4. 6.2.1.1 Costs Compensation. Compensation for these services shall be based on the ENGINEER's Direct Labor Cost times a factor of 3.00 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 perfonlling services in excess of the contract ceiling, the ENGINEER shall give OWNER \vritten 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 8 , , additional compensation, OWNER and ENGINEER may negotiate terms as provided under 6.2.1.1. The amount and terms of any additional compensation under 6.2.1.1 or 6.2.1.3 shall be negotiated and agreed in writing pursuant to 9.16. 6.2.1.3 Costs Exceeding Estimated Compensation. Except as allowed under 5.2.1, when thc total cost of the original scope Construction Phase and Project Documcntation 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 Dircct Labor Cost times a factor of 2.6 I 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 defincd in scction 7.4 of this Agreement, for Basic Services and Approved Additional Serviccs shall be paid to the ENGINEER by the OWNER in thc actual amount of the costs incurred up to an amount not to exceed $10,643 which includes $0 for consultants employed by the Engineer and $10,643 for all other reimbursable expenses. The estimated reimbursable expenses are identified in Exhibit "D". 6.2.3. failed Test Expenses. The ENGINEER shall maintain and provide to the OWNER, a record of the costs associated with failing quality control tests performed for the OWNER during the course of the construction ofthc projcct and recommend an amount thc OWNER deduct from thc contractor(s) paymcnts. 6.2.4 Thc OWNER shall pay an amount for Additional Services rendered by the ENGINEER and approved in writing by the OWNER on thc basis of the ENGINEER'S Direct Labor Costs times a factor of 3.00, or an amount otherwise negotiated at thc timc such services are requested and approved by the OWNER. ARTICLE 7 - MEANING OF TERMS 7.1 AGREEMENT As uscd hcrein the term "this Agreement" refers to the contents of this documcnt and its Exhibits attachcd hcreto and rcfcrrcd to as if they werc 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 Projcct dcsigncd and spccificd by ENGINEER, but it will not include ENGINEER's compcnsation and expcnscs, the cost of land, rights-of-way, or compcnsation for or damagcs to, propcrtics unless this Agreement so specifies, nor will it include OWNER's legal. accounting, insurance counseling or auditing serviccs, or interest and financing charges incurred in connection with the Project or the cost of other services to be provided by othcrs to OWNER. 7.3 DIRECT LABOR COSTS Direct Labor Costs used as a basis for payment mean the actual salaries and wages paid to all ENGINEER's personnel engaged directly on the Project, ineluding, but not limited to, engineers, architects, surveyors, designers, drafters, spccification writers, estimators, other technical and busincss pcrsonnel; but does not inelude indircct payroll related costs or fringc bcncfits. for thc purposes of this Agreement the principals and employees of the ENGINEER maximum billable Direct Labor Costs are: Principals Scnior Enginecr II Scnior Engineer f Dcsign Engineer $40/hour $30/hour $27/hour $23/hour 9 Staff Engineer CADD Draftcr Technicians Construction Inspector Two Person Survey Crew Clerical $19lhour $181hour $181hour $19lhour $351hour $15lhour 7.4 REIMBURSABLE EXPENSES Reimbursable Expenses mean the actual cxpcnses incurred by ENGINEER or ENGINEER's independent professional associates or consultants directly in connection with the Project, such as expcnses for: transportation and subsistence incidental thereto; obtaining bids or proposals from Contractor(s); subsistence and transpOltation of Rcsidcnt Projcct Representatives and their assistants; toll telephone calls and telegrams; reproduction of reports, Drawings, Specifications, Bidding Documents and similar Project-rclatcd 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 Dircct Labor Costs mcthod of paymcnt, Reimbursable Expenses will also include thc amount billcd to ENGINEER by special consultants employed by ENGINEER and authorized by OWNER (othcr than as an authorizcd Additional Services) and will also include expenses incurred for computer timc and other specialized equipment, including an appropriate chargc 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 Serviccs rcndered and for Reimbursable Expenscs incurrcd; however, paymcnts shall not exceed the ceilings provided in 6.1 and 6.2. final payment shall bc made only aftcr acccptancc of the project by the OWNER. If OWNER disputcs thc amount of the billing, OWNER will notify thc ENGINEER in writing within ten (10) calendar days of the rcceipt of bill ofthc dispute. 8.2 REQUESTS FOR PAYMENT. Each rcquest for payment shall include a documentation summary of the period incremental man hours incurred, dircct labor ratcs and billcd ratcs, dctail ofreimbursable costs, total period billing, and total cumulative billing. When rcquested by OWNER services for distinct project segments shall be accounted and billed separately. 8.3 PAYMENT UNDER TERMINATION. In the event of tennination by the OWNER upon the completion of any phase of the Basic Services, progress paymcnts duc ENGINEER for scrviccs rcndcred through such phase shall constitute total payment for sllch services. In the cvent of such tennination by OWNER during any phase of the Basic Services, ENGINEER also will be reimbursed for thc chargcs of pre-approvcd indcpcndent professional associates and consultants employed by ENGINEER to rendcr Basic Services, and paid for services rendered during that phase on the basis of the payment provisions of the Agrecmcnt. In the event of any such tennination, ENGINEER will be paid for unpaid pre- approvcd Additional Services and unpaid Reimbursable Expcnses which are authorized under this agreement. ARTICLE 9 - GENERAL CONSIDERATIONS 9.1 TERMINATION OF AGREEMENT 9.1.1 The sole right is hereby reserved to the OWNER to tcnninate this Engineering Agreement for any and all causes or for its convenience at any timc upon fiftcen (15) days writtcn notice to the ENGINEER. 9.1.2 If termination for default is effccted by thc OWNER, an equitable adjustment in the price provided for in this Agreement shall be madc, but (I) no amount shall bc allowcd for anticipated profit on unperfOlmed 10 services or other work, and (2) any payment due to the ENGINEER at the time oftermination 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 rdating 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. 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. 11 9.5 SUBLETTING OR ASSIGNING OF WORK The ENGINEER shall not sublet or assign any of the work covered herein without prior written approval ofthe OWNER. 9.6 STANDARD OF CARE In providing services under this agreement, the ENGINEER will perform in a manner consistent with the degree of care and skill ordinarily exercised by mcmbers of the same profession currently practicing under similar circumstances. If any servicc should be found to be not in confonnance with this standard, the ENGINEER shall, at the OWNER's request, re- pcrfonn thc scrvice at its own expense. Engineer shall also, at its own expense, make such changcs, modifications or additions to the projcct which are made necessary as a result of the initial non-performance or the re-perfonnance of services. The OWNER's rights herein are in addition to any other remedies the OWNER may have under thc law. 9.7 LEGAL RELATIONS 9.7.1 The ENGINEER shall comply with all Federal, State, and LocaJlaws and ordinances applicable to the work to be done. 9.7.2 The ENGINEER agrees to indemnify, hold hannless, 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 negligent perfomlance of the scrvices specified in this agreement. In the event the OWNER is found proportionately responsible, the ENGfNEER will be hcld responsible only for those damages, costs, attorney's fees, and liabilities as arc attributable to the ENGINEER's percent offault as compared with 100% of the fault giving rise to the damages. 9.7.3 The ENGINEER agrees to indemnify, hold hannlcss 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 rcsulting from or in connection with the ENGINEER's non-negligent performance of the services specified in this agreement. In the event the OWNER is found proportionatcly responsible, thc ENGINEER will be held responsible only for those damages, costs, attorney's fees, and liabilities as arc attributable to the ENGINEER's percent offault as compared with 100% of the fault giving rise to the damages. 9.7.4 In an appropriate case in which attorney'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 Attorney or other in-house counsel. 9.7.5 The indemnity required herein shall not be limited by reason of the specification of any particular insurance coverage in this agreement. 9.7.6 The ENGINEER shall perfonn 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 tenns, plans and specifications. The ENGINEER shall have and maintain complete control over all of its employees, subcontractors, agents and operations, being responsible for any required payroll deductions and providing required benefits, such as, but not limited to, worker's compensation with statutory limits, and unemployment insurance. 9.8 INSURANCE The ENGINEER shall secure and furnish to the OWNER certificate of insurance, therein, naming the OWNER as an additional insured, to include thirty (30) days notice of cancellation or non~renewal. 12 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: Type of Coverage Limits Employers'Liability: $ 100,000 per accident General LiabiIitv: Bodily Iniurv & Propertv Damage Single and combined $ 1,000,000 per accident General Aggregate: $ 2,000,000 Excess Liabilitv coverage (umbrella) $1,000,000 each OCCUlTence Automobile: Bodily Iniurv covering all automobiles, trucks, tractors, trailers, or other automotive equip- ment whether owned or rented by Engineer or owned by employees of Engineer. $1,000,000 each person $1,000,000 each occurrence Propertv Damage covering all automobiles, trucks, tractors, trailers or other automotive equipment whether owned or rented by Engineer or owned bv employees of Engineer. $ 100,000 each occurrence OR Bodily Iniury & Property Damage Single and combined $ 1,000,000 each occurrence In addition to the above insurance coverage, the ENGINEER shall secure and maintain, until the work is completed and accepted by the OWNER, and without naming OWNER as an additional insured, Profcssional Errors and Omissions insurance coverage as follows: Professional Errors & Omissions: $ 1,000,000 per claim and aggregate each occurrence .c;ng Profe!3s .sec'V 1\9I: Page 13 7/06/00 9.9 ENDORSEMENT The ENGINEER shall place his endorsement on all drawings and other data fUl11ished by him. 9.10 OWNERSHIP OF DOCUMENTS 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 other individual on any other project. Any reuse without written verification or adaptation by ENGINEER will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER's independent professional associates or consultants. Filcs in e1ectTOnic media fOnlmt of text, data, graphics, or of other types that arc fumished by ENGINEER to OWNER are only for convenience of owner. Any conelusion or information obtained or derived from such electronic files will be at the user's sole risk. 9.1 I 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 ofthe 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 matcrial, 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 incurrcd and to make the records available at all reasonable times during the Contract term and for one (I) year from the date of final payment. Such accounting records and other evidence pertaining to the cost incurred will be madc available for inspections by OWNER. 9.14 SUCCESSORS IN INTEREST The covenants, agreements and all statements in this Contract apply to and shall be binding on the heirs, personal representatives, successors and assigns of the respective parties. 9.15 ATTORNEY'S FEES AND COSTS That in the event it becomes necessary for eithcr Party of this Contract to rctain an attorney to enforce any of the tenllS or conditions of this Contract or to give any notice required herein, then the prcvailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs ofin-hollse counsel to include City Attomey. 9, I 6 MODIFICATIONS AND AMENDMENTS That any amendment or modification of this Contract or any provisions hcrclIl shall be made in writing or executed in the same manner as this original documcnt and shall after execution become a part of this Contract. F:ng P1:otc~8 Serv Agr Page 14 7/06/00 '. In witness Whereof, the Parties hereto do make and execute this Agreement. CITY OF BOZEMAN, MONT ANA BY:C -,-\-~, -- ENGINEER ;' ~~),// / ,- -,,-. t-,- .../_' < -- - L '-. ~T .-.........." ......\ - (Vice-President) (City Manager) DATE:~y__13. 2002 DATE: Ape; J ,/) 2DDZ ATTEST: By:e~J~ (Clerk of Commission) 15 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. (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 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 exeeuted Work and to detemline, 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 I<~XHIBIT B, A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENT A TIVE. 10.4. CLARIFICATIONS AND INTERPRETATIONS ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may 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 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 Ficld Order justifies an increase in the Contract Price or an extcnsion 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 Const11lction Contraet. 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 constmction 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 constmction 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 constmction Contract Document. 10.8. DETERMINATIONS FOR UNIT PRICES ENGINEER will deternllne the actual quantities and cIassitJcations 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, '- ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documcnts pertaining to the performance and furnishing of the Work and claims under The General Conditions of the Construction Contract in respect of changcs in thc Contract Pricc or Contract Timc will be rcfcrrcd initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph, which ENGINEER will rcnder in writing within a reasonablc time. Writtcn notice of each such claim, dispute and other matter shall bc promptly reported and copied to the OWNER. 10,9.2. \Vhcn 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 prccedcnt to any cxcrcise by OWNER or CONTRACTOR of such rights or rcmedies as cither may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. 2 10.10. LIMITATIONS ON ENGINEER'S RESPONSIBILITIES 10,10.\. Neither ENGINEER's authority to act under this Artiele or elsewherc 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.\0.2. 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 adjcctives "reasonable", "suitable", "acccptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requircmcnt, direction, review or judgmcnt of ENGINEER as to the Work, it is intendcd that such requirement, direction, rcview or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a spccific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authorilY to supervise or direct the furnishing or perfomlance of the Work or any duty or authority to undcl1ake responsibility contrary to the provisions of paragraph 4.5.3. 3 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 REPRESENT A TIVE ENGINEER shall furnish a Resident Project Representative (RPR), assistants and other field staff to assist ENGINEER in observing performance of the work of Contraetor. 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 fumishing of such services will not make ENGINEER responsible for or give ENGINEER control over constmction 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 pal1icular the specific limitations set forth in section 8.5 of the Agreement are applicable. The duties and responsibilities of the RPR are linllted to those of ENGINEER 111 this agreement and in the construction Contract Documents, and are further limited and described as follows: 11.1. GENERAL RPR is ENGINEER's agent at the site, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding RPR's actions. RPR's dealings in matters pertaining to the on-site work shall in general be with ENGINEER and CONTRACTOR keeping OWNER advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. RPR shall generally communicate with OWNER with the knowledge of and under the direction of ENGINEER. 11.2. DUTIES AND RESPONSIBILITIES OF RPR 11.2.1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with ENGINEER conceming acceptability. 11.2.2. Conferences and Meetings: Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and the project-related meetings, and prepare and circulate copies of nllnutes thereof. 11.2.3. Liaison: 11.2.3.l.Serve as ENGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's superintendent and assist in understanding the intent of the Contract Documents; and assist ENGINEER in serving as OWNER's liaison with CONTRACTOR. 11.2.3.2.Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work. 11.2.4. Shop Drawings and Samples: 11.2.4.1. Record date of receipt of Shop Drawings and samples. 11.2.4.2. Receive samples which arefumished at the site by CONTRACTOR, and notify ENGINEER of availability of samples for exanlination. 11.2.4.3. Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring Shop Drawing or sample if the submittal has not been approved by ENGINEER. 11.2.5. Review of Work Reiection of Defective Work, Inspections and Test~: l1.2.5.1.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. l1.2.5.2.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. Il.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 Doeuments: Report to ENGINEER when clarifications and interpretations of the Contract Docume'1ts 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 111 Drawings or Specifications and report with RPR's recommendations to ENGINEER. Transnlit to CONTRACTOR decisions as issued by ENGINEER. 11.2.8. Rec(lrds: 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 Direetive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and 2 specific observations in more detail as in the case of observing test procedures; and send copies to ENGINEER. l1.2.8.3.Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors al!d major suppliers of materials and equipment. 11.2.9. Reports: l1.2.9.1.Fumish 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. l1.2.9.2.Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases ofthe Work. 11.2.9.3.Draft proposed Change Orders and Work Directive Changes, obtaining backup material from CONTRACTOR and reeommend 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. Payment Requests: Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to ENGINEER, noting particularly the relationship of the payment requested to the schedule of valucs, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 11.2.11. Certificates, Maintenance and Operation Manuals: During the course of thc Work, vcrify that certificates, maintenance and operation manuals and other data required to be assembled and fumished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work. 11.2.12. Completion: 11.2.12.1. Submit to CONTRACTOR, and ENGINEER a list of observed items requiring completion or correction before ENGINEER may issue a Certificate of Substantial Completion. 11.2.12.2 Assess completion or correction of items noted under 11.2.12.1, advise ENGINEER on their status, and make recommendation to Engineer regarding issuancc of a Certificate of Substantial completion. 11.2.12.3. Conduct final inspection in the company of ENGINEER, OWNER, and CONTRACTOR and prepare a final list of items to be completed or corrected. 11.2,12.4. Observe that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning final acceptance. 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. 3 11.3.2. Shall not exceed linlitations 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 subnlittals 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. E:\Documentsl/"egal FormslProfess. Servo Agr,frm.wpd 3/20/0 I 4 EXHIBIT C SCOPE OF SERVICES FOR PROFESSIONAL ENGINEERING SERVICES FOR NORTHROUSETRUNKSEWERM~N The following is a list of specific tasks that will be provided for the North Rouse Trunk Sewer Main project. Pre-Design Phase Data Collection - Obtain and compile data from City records regarding existing sewer and water infrastructure along the project corridor. Survey - Establish vertical and horizontal control for the project including horizontal control points at 1,000 foot intervals and vertical benchmarks at 500 foot intervals. Conduct a survey to include topographic features in an approximate 100 foot wide swath along the project corridor including obtaining depth information on all manholes and water valves. Research and locate any existing section corners that may be disturbed in construction. Prepare base map for design purposes. Utility Locates - Coordinate with utility companies regarding their infrastructure and survey the lines located by the utilities. Review of Service Area - Evaluate the City's 1997 Wastewater Facility Plan relative to the Rouse Avenue interceptor and make recommendations regarding the projected wastewater flows. Preliminary Alignment Design - Evaluate the possible alignments for the new sewer line and make an initial selection of the recommended alternative. Preliminary Cost Estimate - Prepare an initial project cost estimate based on the information obtained in the pre-design phase. Prepare Pre-Design Report - Compile the data from the pre-design efforts into a report for city and internal quality assurance review. Preliminary Design Phase Plan Preparation - Prepare plan and profile sheets at a 1 "=50' scale. Prepare detail sheets. CADD platform utilized will be AUTOCAD and Autodesk Land Development software. Prepare Project Manual - Utilizing Morrison-Maierle, Inc. standard contract documents, based on Montana Public Works Standard Specifications, a project manual will be developed. Technical specifications will be prepared utilizing the City of Bozeman's Modifications to the Montana Public Works Standard Specifications in addition to non-standard project specifications and special provisions. EPA boiler plate requirements will be incorporated into the project manual. Prepare Design Report - Compile the final project design report based on the pre- design report, City comments and additional information gathered in the preliminary design phase. Stream Protection Act (124) Permitting - Coordinate with Montana Fish, Wildlife and Parks on permitting issues. Montana Rail Link Permitting - Coordinate with the railroad for work to be conducted " within the railroad right of way. Utility Company Coordination - Coordinate with gas, electrical and other private utility companies as required. Soil Borings - Conduct a geotechnical investigation to include 12 borings along the project corridor and provide soil and groundwater depth information for use in the design and construction of the project. This service will be provided by GMT Consultants of Missoula, Montana. Traffic Control Plans - Prepare detailed traffic control plans for the construction of the project. Plans will include signing, barricade and detour information for the various stages of the project. Coordinate with Montana Department of Transportation - Coordinate with the Montana Department of Transportation on construction and traffic issues and the utility occupancy permit. Public Open House - Organize one public open house to advise property owners and business owners about the project. Letters to property owners and businesses - Notification of project and impacts that businesses and homeowners may encounter. Preliminary Cost Estimate - Update the pre-design project cost estimate based on the preliminary design. Stormwater Discharge Permit - MPDES Permit Application - Prepare an erosion control plan and permit application for the project. Groundwater Discharge Permit - Prepare a MPDES permit application in association with anticipated project dewatering requirements. Quality Assurance Review - Conduct internal quality assurance review of project documents and plans. Prepare project submittal documents - Prepare plan and contract document packages for review and approval of the City of Bozeman, Montana Department of Environmental Quality and the United States Environmental Protection Agency. Final Design Phase Finalize Drawings and Project Manual - Based on agency comment revise and finalize project documents. , Quality Assurance Review - Conduct final internal quality assurance review of project documents. Bidding Phase Prepare Bid Packages - Prepare bid packages for bidders and distribute plans to local plan exchanges and Morrison-Maierle, Inc. offices state wide. Advertisement - Assist city in advertisement of project. Pre-Bid Conference - Conduct a pre-bid conference in conjunction with city staff. Bid Opening - Attend the bid opening and prepare a bid tabulation and make investigations and recommendations regarding award of the contract. Award Contract - Assist city staff with the award of the contract and execution of the project documents. . . " Construction Phase Pre-Construction Conference - Conduct a pre-construction conference with the contractor and city staff. Open House - Conduct a public open house in conjunction with the contractor and the city. Construction Administration and Observation - Provide fulltime 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 alignment stakes for the contactor to utilize in construction of the facility. Re-monument section corners as needed. 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. . . t. .1. 1 Exhibit "0" Estimate of Construction Engineering Services Reimbursable Expenses Technology and Communications Charge $2.50/hour x 1,988 hrs = $4,970 (Computers, phones, faxes and plotting.) Automobile $0.59 x 2,000 miles = 1,180 Copies $0.10 x 2,000 copies = 200 Blueline Prints $0.10 x 2,000 sf = 200 Nuclear Densometer $650/month x 4 months = 2,600 Total Station $55 x 10 days = 550 Lathe $0.39 x 100 = 39 Stakes $0.19 x 400 = 76 Hubs $0.25 x 300 = 75 Paint $3.75 x 10 cans = 38 Flagging $1.50 x 10 rolls = 15 Miscellaneous, Postaqe, Shippinq, Etc. = 700 Total =$10,643 .. \ . AMENDMENT NO.1 TO PROFESSIONAL SERVICES AGREEMENT FOR NORTH ROUSE TRUNK SEWER MAIN REPLACEMENT MMI. No. 417.037 THIS IS AN AGREEMENT made as of November 12, 2002 ,2002, between THE CITY OF BOZEMAN, a Municipal Corporation, P.O. Box 1230, Bozeman, Montana, 59771-1230 (OWNER) and Morrison-Maierle, Inc., P.O. Box lIB, Bozeman, Montana, 59771- 1113 (ENGINEER). WHEREAS the parties previously entered into a Professional Services Agreement dated May 13, 2002, herein referred to as the Original Agreement, for professional engineering services for the North ROllse Trunk Sewer Main Replacement Project; and WHEREAS, the pre-design report identified needed water main relocation work that is above and beyond the scope of work identified in the original agreement; and WHEREAS, the parties desire to amend provisions of the Original Agreement to include design and construction engineering services for the water main relocation work. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONT AINED HEREIN, the parties agree as follows: Article 1 - En2:ineering Services Section 1.1 of the Original Agreement is replaced with the following: North Rouse Tnmk Sewer Main Replacement - The project consists of the replacement and upsizing of approximately 8,900 lineal feet of sewer pipe in Rouse Avenue from approximately 500 feet north of Griffin Drive to one-half block south of Babcock Street and the replacement of 1,900 lineal feet of water main at two locations in the project corridor. ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE- 6.1 LUMP SUM PAYMENT FOR DESIGN SERVICES AND EXPENSES OF ENGINEER Section 6.1.1 and 6.1.2 of the Original Agreement is deleted and replaced with the following: 6.1.1 Payment. The OWNER shall for design phase services performed as Basic Engineering Services under sections 4.1 through 4.3 of this agreement pay a total sum in the amount of $152,423 for such services. 1 II ~ ~ .~ ~~..~ 6.1.2 Payment Schedule. Total cumulative payments for the design phase engineering services (sections 4.1 through 4.3) shall not exceed the following ceilings: - $ 38.706 until the Pre-design Investigation and Preliminary Design Report have been submitted to the OWNER. $139.533 until the Preliminary Plans and Specifications have been submitted to the OWNER and review authorities. $149.203 until the Final Plans and Specifications have been submitted to the OWNER and review authorities. 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:.~M'-\-~.._... (City Manager) L/{~. (Vice-Presi ent) BY: DATE: November 12, 2002 DATE: c2/ Oc~ &OOL ATTEST: By:(]~J~ (Clerk of Commission) H :\0417\037\docs\contract\PSA Amendment # I.doc 2 . Engineering Fee Estimate .~ NORTH ROUSE SEWER PROJECT - DESIGN PHASE SERVICES Additional Services for Water Main Replacement STAFF HOUR ESTIMATE ... -- TOTAL SENIOR SENIOR DESIGN STAFF CADD LAND SURVEY TASK HOURS PRINCIPAL ENGINEER I ENGINEER II ENGINEER II ENGINEER DRAFTER SURVEYOR CREW CLERICAL - Preliminary Plan Preparation Plan and Profiles 72 8 2 12 18 32 Design Detail Sheets 48 4 4 20 20 Project Manual Technical Specifications 26 6 8 8 4 Special Provisions 28 12 12 4 EP/\ Roquirements Soil Borings Coordin3tion Traffic Control Plans 10 2 8 MRL Coerainotion MDT Coordination 6 2 4 Utility Company Coordination 4 4 F'NP CoerdinQtion Permitting Roview need and mako recommendotien for SUE Public Open House Letters te ONFlers olld Businosses Miscellaneous Survey 9 2 2 1 4 Coo ra inotio n with Pro pe rty Own ors Qnd Bus i n os se s Update Cost Estimate 8 4 4 Design Report 12 4 4 2 2 Erosion Control PIQn MPDES Pormit l\pplicQtion GroundwDter Discllorge PcrmittiFlg Quality Assurance 24 16 8 Submittal Packages City of Bezeman 2 1 1 DEQ 2 1 1 &PA SUBTOTAL OF STAFF HOURS REQUIRED 251 16 44 40 22 58 54 1 4 12 HOURLY LABOR COST $119 S80 $88 $69 S57 $45 S54 $100 $33 LABOR COST BY POSiTiON $1,904 $3,520 $3,520 $1,518 $3,306 $2,430 $54 $400 $396 TOTAL LABOR: $17,048 EXPENSES COMMUNICATION & TECHNOLOGY CHARGES $623 SUBCONSULTANTS (nene) SURVEY EQUIPMENT (nene) MISCELLANEOUS EXPENSES 5% $852 TOTAL EXPENSES $1,480 TOTAL COST OF PHASE: $18,528 ~ .. r TASK Final Design Plan Modifications Project Manual Mooifications Quality Assurance SUBTOTAL OF STAFF HOURS REQUIRED HOURLY LABOR COST LABOR COST BY POSITION TOTAL LABOR: EXPENSES COMMUNICATION & TECHNOLOGY CHARGES SUBCONSUL TANTS (none) SURVEY EQUIPMENT (none) MISCELLANEOUS EXPENSES 5% TOTAL EXPENSES TOTAL COST OF PHASE: TOTAL DESIGN PHASE SERVICES . Engineering Fee Estimate NORTH ROUSE SEWER PROJECT - DESIGN PHASE SERVICES Additional Services for Water Main Replacement STAFF HOUR ESTIMATE TOTAL HOURS PRINCIPAL 18 18 6 4 42 4 $119 $476 $2,868 $105 $143 $248 $3,116 $21,644 SENIOR ENGINEER I 4 4 8 $80 $640 ~ -- SENIOR DESIGN STAFF CADD LAND SURVEY ENGINEER II ENGINEER II ENGINEER DRAFTER SURVEYOR CREW CLERICAL 2 4 4 4 2 4 8 2 6 8 4 4 8 $88 $69 $57 $45 $54 $100 $33 $528 $552 $228 $180 $264 1 ~ ~ " AMENDMENT NO.2 TO PROFESSIONAL SERVICES AGREEMENT FOR NORTH ROUSE TRUNK SEWER MAIN REPLACEMENT MMI. No. 417.037 THIS IS AN AGREEMENT made as of November 22 ,2004, 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 At,'Teement dated May 13, 2002, herein referred to as the Original Agreement, including Amendment No.1 dated November 12,2002, for professional engineering services for the North Rouse Trunk Scwer Main Replacement Project; and WHEREAS, the construction period for the project has been extended past the time frame anticipated in the original agreement due to a number of factors including additional work associated with water main relocation work that is above and beyond the scope of work identified in the original agreement; and WHEREAS, the parties desire to amend provisions of the Original Agreement to include additional construction engineering services. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, the parties agree as follows: ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE- Section 6.2 of the Original Agreement is deleted and replaced with the following: 6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER. Construction and project documentation services perfom1ed as Basic Engineering Scrvices under sections 4.4 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: 1 { i<- .. 6.2.1 The OWNER shall pay for Construction Phase and Project Documentation Services an amount not to exceed $249,714 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 thc ENGINEER's Direct Labor Cost times a factor of 3.00 for services rendered which shall cover Dircct Lahar, Direct Labor Overhead, General & Administrative Overhead and Profit. 6.2.1.2 Notification. At any time during the constmction 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 perfomling 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 ofthe project work. ENGINEER shall obtain written authorization from OWNER, prior to any additional costs being incurred under paragraph 6.2.1.3. Ifit is determined that due to a change in project scope under paragraph 5.2.1, the ENGINEER is entitled to additional compensation, OWNER and ENGINEER may negotiate terms as provided under 6.2.1.1. The amount and terms of any additional compensation under 6.2.1.1 or 6.2.1.3 shall be negotiated and agreed in writing pursuant to 9.16. 6.2.1.3 Costs Exceeding Estimated Compensation. Except as allowed under 5.2.1, when the total cost of the original scope Construction Phase and Project Documentation Services exceeds the negotiated compensation for these services, the OWNER shall pay only for the direct costs incurred in excess of the estimated compensation. These costs consist of an amount equal to the ENGTNEER'S Direct Labor Cost times a factor of2.61 for services rendered which shall include Direct Labor, the federally audited payroll Direct Labor Overhead, and General & Administrative Overhead costs, but shall not include any allowance for profit. 6.2.2. Reimbursable Expenses, as defined in section 7.4 of this Agreement, for Basic SerVlCes 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 $17,632 which includes $0 for consultants employed by the Engineer and $17,632 for all other reimbursable expenses. The estimated reimbursable expenses are identified in Exhibit "D" of the original agreement and Exhibit "D-l" attached. 6.2.3. Failed Test Expenses. The ENGINEER shall maintain and provide to the OWNER, a record of the costs associated with failing quality control tests performed for the OWNER during the course of the construction of the project and reconunend an amount the OWNER deduct from the contractor(s) payments. 6.2.4 The OWNER shall pay an amount for Additional Services rendered by the ENGINEER and approved in writing by the OWNER on the basis of the ENGINEER'S Direct Labor Costs times a factor of 3.00, or an amount otherwise negotiated at the time such services are requested and approved by the OWNER. 2 1.1 . ARTICLE 7 - MEANING OF TERMS - l (' .. Section 7.3 of the Original Agreement is deleted and replaced with the following: 7.3 DIRECT LABOR COSTS Direct Labor Costs used as a basis for paymcnt mean the actual salaries and wages paid to all ENGINEER's personnel engaged directly on the Project, including, but not limited to, engineers, architects, surveyors, designers, drafters, specification writers, estimators, other technical and business personnel; but does not include indirect payroll related costs or fringe benefits. For thc purposes of this Agreement the principals and employees of the ENGINEER maximum billable Direct Labor Costs are: Principals Supervising Engineer II Supervising Engineer I Senior Engineer 11 Senior Engineer I Design Engineer II Design Engineer I Staff Engineer Senior Environmental Professional Environmental Professional Engineering Technicians CADD Drafter Technicians Two Person Survey Crew Clerical $ 46.00 /hour $ 38.33 Ihour $ 34.33 /hour $ 31.33 /hour $ 29.00 Ihour $ 26.33 Ihour $ 23.33 /hour $ 20.67 /hour $ 26.33 Ihour $ 23.33 /hour $ 19.67 /hour $ 18.33 /hour $ 12.00 /hour $ 35.00 /hour $15.00/hour 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, MONT ANA By;~.A(~ (City Manager) DATE: November 22, 2004 ATTEST: BY: r?~ 01 ~ (Clerk of Commission) H :\04 I 7\037\docs\contract\PSA Amendment #2_doc ~O. RRI.. ... SON)MAIER..../L..-1i:,INC.. . BY :>r(.<-' d~. .</~/-i ( '. C---~~:: (Vice-President) DATE : ,.x t (~~~~~) \ (~ t. (...... Y 3 . } - JII ... . Exhibit "D-1" Estimate of Construction Engineering Services Reimbursable Expenses Technology and Communications Charge $3.50/hour x 1,494 hrs ;;: $5,229 (Computers, phones, faxes and plotting.) Automobile $0.63 x 2,000 miles ;;: 1,260 Miscellaneous, Postaqe, Shippinq, Etc. ;;: 500 Total =$6,989 . . - Engineering Fee Estimate I' NORTH ROUSE SEWER PROJECT. CONSTRUCTION PHASE SERVICES \ -' STAFF HOUR ESTIMATE - ... TOTAL SUPERVISING SENIOR DESIGN STAFF CADD LAND SURVEY TASK HOURS PRINCIPAL ENGINEER I ENGINEER II ENGINEER II ENGINEER DRAFTER SURVEYOR CREW CLERICAL Bidding Adve rti sing Phase Bid Docu me nts Qu esti on s a r1d Coord; nation Pre-Bid Meeling Add e r1du ms Bid Openi rl9 Bid Analysis Contract Awa rd Qu al ily As su ra nee SUBTOTAL OF STAFF HOURS REQUIREO HOURLY LABOR COST $138 $103 $94 $79 $62 $54 $64 $100 $45 LABOR COST BY POSITION TOTAL LABOR: EXPENSES COMMUNiCATION & TECHNOLOGY CHARGES SUBCONSUL TANTS SURVEY EQUIPMENT MISCELlANEOUS EXPENSES 5% (See summary sheet of reimbursable construction phase expenses_) TOTAL EXPENSES TOTAL COST OF PHASE: Construction Observat i on 1236 96 280 700 160 Phase Construcli on Staking 10 2 8 (80 Additional Contract Days) Adm i ni strat i on 232 88 120 24 Record Orawings W a rranly Inspection Qua I ity Assurance 16 8 8 SUBTOTAL OF STAFF HOURS REQUIRED 1494 8 192 402 700 8 184 HOURLY LABOR COST $138 $103 $94 $79 $62 $54 $64 $100 $45 LABOR COST BY POSITiON $1,104 $19,776 $31,758 $43,400 $800 $8,280 TOTAL LABOR: $105,118 EXPENSES COMMUNICATION & TECHNOLOGY CHARGES SUBCONSUL T ANTS SURVEY EQUIPMENT MISCELLANEOUS EXPENSES 5% TOTAL EXPENSES $6,989 (See summary slleet 01 re'mbursable construction phase expenses,) TOT At COST OF PHASE: $112,107 TOTAL CONSTRUCTION PHASE SERVICES $112,107 " I- ':