HomeMy WebLinkAbout04- Fire Station 1 Addition Building Code Required Special Inspection and Testing Services Professional Services Agreement
PROFESSIONAL SERVICES AGREEMENT
FOR FIRE STATION # 1 ADDITION BUILDING CODE REQUIRED
SPECIAL INSPECTION AND TESTING SERVICES
THIS IS AN AGREEMENT made as ofMav 17, 2004, 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 serve as the SPECIAL
INSPECTOR to provide necessary building inspection and testing services for the Fire Station
#1 Addition project.
Whereas the ENGINEER represents that it is willing and qualified to perfonn 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 - SPECIAL INSPECTOR'S
STATUS DURING CONSTRUCTION, and EXHIBIT B SPECIAL INSPECTION AND
TESTING FEE ESTIl\.1ATE 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:
Task 1 Project Management
Coordinate required building-related special inspection and testing services with City of Bozeman.
Task 2 Construction Inspection and Testing
Provide construction period services, including the rcquired building-related special inspection and testing
services while Contractor is working.
1.2. The scope of services under this contract are set forth in this agreement and the attach cd EXHIBITS.
ARTICLE 2 - ENGINEER'S RESPONSIBILITIES
2.1. ENGINEER shall perform for OWNER professional engincering services in all phases of the Project to which
this Agreement applies as hereinafter provided. These services will include, but not be limited to, serving as OWNER's
professional engineering representative for the Projcct, providing professional engineering consultation and advice and
furnishing customary civil and structural engineering services incidental thereto.
2.2. Thc ENGINEER shall furnish all labor, matcrials, cquipment, supplies, and incidentals necessary to conduct and
complete the ENGINEER'S portions of thc Project and to prepare and deliver to the OWNER all data, reports, plans,
specifications, and rccommendations as designated hcrein.
2.3. The ENCINEER shall asccrtain such information as may have a bcaring on the work from local units of
governmcnt, public, and private organizations and shall be authorized to procure information from other authorities as to
thc cxtent of these contacts and the results thereof.
2.4. The ENCINEER'S work shall be in accordance with thc standards of sound engineering practices.
2.5. The ENCINEER shall name a Principal-In-Charge for the duration of the project. Thc Principal-In-Charge shall
be John R. Schunkc, P.E.
2.6. The ENGINEER shall name a Project Manager who shall be the liaison bctwecn the ENGINEER and the
OWNER. The Project Manager shall be Kurt W. Keith, P.E. The OWNER may name a Task Dircctor who would be the
liaison betwecn the ENGINEER and the OWNER during the desi&'T1 segment of the Project.
2.7. Thc ENGINEER shall submit an estimated progrcss schedule at thc beginning of the work, and monthly progress
rcports thereafter until the project is completed.
ARTICLE 3 - OWNER'S RESPONSIBILITIES
3.1 The OWNER shall namc a Task Director who shall be the liaison bctween the ENGINEER and the OWNER
during DESICN segmcnt of the Project. The Task Dircctor designatcd shall James Gochrung.
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 attend the construction progress and other job related mcctings.
ARTICLE 4 - BASIC ENGINEERING SERVICES
(NOT APPLICABLE)
4.2 PRELIMINARY DESIGN PHASE
(NOT APPLICABLE)
4.3 FINAL DESIGN PHASE
(NOT APPLICABLE)
4.4 BIDDING OR NEGOTIATING PHASE
(NOT APPLICABLE)
4.5 CONSTRUCTION PHASE
(NOT APPLICABLE)
4.6. PROJECT DOCUMENTATION
(NOT APPLICABLE)
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4.7. CONSTRUCTION INSPECTION AND TESTING
Thc special inspcction and testing scrvices for thc building construction shall include material testing and verification of
contract compliance with thc approved plans and specifications.
The ENcrNEER shall provide and maintain detailed documentation of thc following material inspection and testing in
accordance with the referenced section of the 2000 International Building Code:
I) Soils (IBC 1704.7)
2) Concrete (IBC 1704.4, 1708.3)
3) Masonry (lBC 1704.5, 1708.1)
4) Structural Steel (IBC 1707.3, 1707.2, 1708.4)
4.1.1 Limitations of Responsibilities. ENGINEER will not be responsible for CONTRACTOR's means,
methods, techniques, scquences or procedures of construction, or the safety precautions and programs incident
thcrcto, and ENGINEER will not be responsible for CONTRACTOR's failure to perfonn or furnish the Work in
accordance with the Contract Documents; however, nothing contained in this agreement shall be construed to
release ENGINEER from liability for failure to properly perform duties and responsibilities assumed by
ENGINEER in thc Contract Documents.
ARTICLE 5 - ADDITIONAL SERVICES
5.1. If OWNER wishes ENGINEER to perform any of the following Additional Services, OWNER shall so instruct
ENGINEER in writing, and ENGINEER shall perform or obtain from others such services and will be paid thcrcfor as
provided in the Agreemcnt:
5.1.1. Preparation of applications and supporting documents for governmental agencies in addition to those
requircd under Basic Services; preparation or revicw of environmental studies and related serviccs; and
assistance in obtaining environmental approvals.
5.1.2. Services resulting from significant changes in the general scopc, cxtcnt or charactcr of the Project or
major changes in documentation previously acceptcd by OWNER where changes are due to causes beyond
ENGINEER's control.
5.1.3. Providing other services not othcrwisc providcd for in the Agreement, including services normally
furnished by the OWNER as elsewhere herein described.
5.1.4. Furnishing thc scrvices of independent professional associates or consultants for other than Basic
Services.
5.2. When required by the Contract Documents in circumstances beyond ENGINEER's control, ENGINEER shall
perform or obtain from others any of the following Additional Services as circumstances require during construction and
without waiting for specific instructions from OWNER, and ENcrNEER will be paid thcrefore as provided in this
Agrcement:
5.2.1. Serviccs in connection with work directivc changes and change orders to reflect the changes rcquested
by OWNER if the resulting change in compensation for Basic Serviccs is not commensurate with the additional
services rendered.
5.2.2. Services in making revisions to Drawings and Specifications occasioned by thc OWNER'S acceptance
of substitutions proposed by Contractor(s); services after the award of each contract in evaluating and
dctermining the acceptability of an unreasonable or excessive number of substitutions proposed by Contractor;
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and evaluating an unreasonable or extensive number of claims submitted by Contractor(s) or others in connection
with the work.
5.2.3. Scrvices rcsulting from significant delays, changes or price increases occurring as a direct result of
materials, equipment or energy shortages.
5.2.4. Additional or extended services during construction madc necessary by (I) 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 bcyond normal 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
(NOT APPLICABLE)
6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER.
Construction and project documentation services performed as Basic Engineering Services under sections 4.5 through 4.7
including Construction Inspection and Testing, shall be compensated in accordancc with the following:
6.2.1 Thc OWNER shall pay for Construction Special Inspection and Testing Services an amount not to
exceed $ 5600.00 cxcept as provided under 6.2.1.2 and 6.2.4.
6.2.1.1 Costs Compensation. Compensation for these services shall be based on the ENGINEER's
Direct Labor Cost times a factor of 3.00 for services rendered which shall cover Direct Labor, Direct
Labor Overhead, General & Administrative Overhead and Profit, plus reimbursable expenses as
provided in 6.2.2.
6.2.1.2 Notification. At any time during the construction that it becomes apparcnt that the
Construction Phase and Project Documentation Services rendered under this Agreemcnt will exceed the
negotiated compensation for these services, and prior to performing services in excess of the contract
ceiling, thc ENGINEER shall give OWNER written notice thereof. Promptly thereafter OWNER and
ENGINEER shall review the scope and progress of the project work. ENGINEER shall obtain written
authorization from OWNER, prior to any additional costs bcing incurred under paragraph 6.2.1.3. If it
is detennined that due to a change in project scope under paragraph 5.2.1, the ENGINEER is entitled to
additional compensation, OWNER and ENGINEER may negotiate terms as provided under 6.2.1.1.
The amount and terms of any additional compensation under 6.2.1.1 or 6.2.1.3 shall be negotiated and
agreed in writing pursuant to 9.16.
6.2.1.3 Costs Exceeding Estimated Compensation. Except as allowed under 5.2.1, when the total cost
of the original scope Construction Phase and Project Documentation Services exceeds the negotiated
compensation for these services, the OWNER shall pay only for the direct costs incurred in excess of
the estimated compensation. These costs consist of an amount equal to the ENGINEER'S Direct Labor
Cost times a factor of ~ 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 Agrcement, for Basic Scrvices 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 $ 400.00 which includes $ 0.00 for consultants employed by the Engineer and
$ 400.00 for all other reimbursable expenses. The estimated reimbursable expenscs are identified in Exhibit "J::.
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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 perfom1cd for the OWNER during the coursc of the
construction of the project and recommend an amount thc OWNER deduct from the contTactor(s) payments.
6.2.4 The OWNER shall pay an amount for Additional Services rcndered by the ENCINEER and approved
in \vriting by the OWNER on the basis of the ENGINEER'S Direct Labor Costs timcs a factor of 3.0Q.." or an
amount otherwise negotiated at the time such services are requestcd and approved by thc OWNER.
ARTICLE 7 - MEANING OF TERMS
7.1 AGREEMENT
As uscd hercin the term "this Agreement" refers to thc contents of this document and its Exhibits attached hereto and
rcferred to as if they were part of one and the same document.
7.2 CONSTRUCTION COSTS
The construction cost of the entire Project (herein referred to as "Construction Cost") means the total cost to OWNER of
those portions of the entirc Project designed and specificd by ENGINEER, but it will not include ENGINEER's
compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, properties unless this
Agreement so specifics, nor will it include OWNER's legal, accounting, insurance counseling or auditing scrvices, or
intcrest and financing charges incurred in connection with the Project or the cost of other scrvices to be provided by others
to OWNER.
7.3 DIRECT LABOR COSTS
Direct Labor Costs used as a basis for payment mean thc actual salaries and wages paid to all ENClNEER's personnel
engagcd directly on the Project, including, but not limited to, engineers, architccts, surveyors, dcsigners, drafters,
specification writers, estimators, other technical and business personnel; but does not include indirect payroll related costs
or fringe benefits. For the purposes of this Agreement the principals and employces of the ENGINEER maximum billable
Direct Labor Costs are:
Principals
Projcct Manager
Scnior Engincer
Staff Engineer
Senior Technicians
CADD Drafter
Technicians
Construction Inspector
Two Person Survey Crew
Clerical
7.4 REIMBURSABLE EXPENSES
$ 43.33 /hour
$ 33.33/hour
$ 33.33 /hour
$ 21.00 /hour
$ 17.33 /hour
$ 17.33 /hour
$ --.lLQL/hour
$ 21.00 /hour
$ 31.67 /hour
$ 13.33 /hour
Reimbursable Expenses mean the actual expenses jncurred by ENGINEER or ENClNEER's independent professional
associates or consultants directly in connection with the Project, such as expenscs for: transportation and subsistence
incidental thereto; obtaining bids or proposals from Contractor(s); subsistence and transportation of Resident Project
Representatives and their assistants; toll telephone calls and telegrams; reproduction of rcports, Drawings, Specifications,
Bidding Documcnts and similar Project-related items; and if authorized in advance by OWNER, overtime work rcquiring
higher than regular rates. In addition, when compensation for Basic Services is on thc basis of Direct Labor Costs method
of payment, Reimbursable Expenses will also include the amount billed to EN GIN EER by special consultants employed
by ENGINEER and authorized by OWNER (other than as an authorized Additional Services) and will also include
expenses incurred for computer time and other specialized equipmcnt, including an appropriate charge for previously
established programs and expenses of photographic production tcchniques.
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ARTICLE 8 - PAYMENT PROVISIONS
8.1 TIMES OF PAYMENTS. ENGINEER may submit monthly statements for Basic Services and approved
Additional Services rendcrcd and for Reimbursable Expenses incurred; howevcr, payments shall not exceed the ceilings
providcd in 6.1 and 6.2. Final payment shall be made only aftcr acceptance of the project by the OWNER. If OWNER
disputes the amount of the billing, OWNER will notify thc ENGINEER in writing within ten (10) calendar days of the
receipt of bill ofthc dispute.
8.2 REQUESTS FOR PAYMENT. Each rcquest for payment shall include a documentation summary of thc
period incremental man hours incurrcd, direct labor rates and billed rates, detail of reimbursablc costs, total period bi lIing,
and total cumulative billing. When requestcd by OWNER services for distinct project segments shall be accounted and
billed separately.
8.3 PAYMENT UNDER TERMINA nON. In the event of termination by the OWNER upon the completion of any
phase of the Basic Services, progrcss payments due ENGINEER for services rendercd through such phase shall constitute
total payment for such scrvices. In the event of such termination by OWNER during any phase of the Basic Scrviccs,
ENGINEER also will be reimbursed for the chargcs of pre-approved independent professional associates and consultants
cmployed by ENGINEER to render Basic Services, and paid for services rendered during that phase on the basis of the
payment provisions of the Agreement. In the event of any such termination, ENGINEER will be paid for unpaid pre-
approved Additional Scrvices and unpaid Reimbursablc Expcnses which are authorized under this agrecment.
ARTICLE 9 - GENERAL CONSIDERA nONS
9.1 TERMINATION OF AGREEMENT
9.1.1 The sole right is hereby reservcd to the OWNER to terminate this Engineering Agreemcnt for any and
all causcs or for its convenicnce at any time upon fifteen (15) days written notice to the ENCINEER.
9.1.2 If termination for default is effected by the OWNER, an equitablc adjustment in the price provided for
in this Agreement shall be made, but (I) no amount shall be allowcd for anticipated profit on unperformed
services or other work, and (2) any payment due to the ENGINEER at the time of termination may be adjusted to
cover any additional costs to the OWNER bccausc of thc ENGINEER's default. If termination for convenience
is effected by the OWNER, the equitablc adjustmcnt shall include a reasonable profit, as detem1incd by owner,
for services or othcr work performed. The equitable adjustment for any termination shall provide for payment to
the ENGINEER for serviccs rendered and expenscs incurred prior to the termination, in addition to tcrmination
settlement costs reasonably incurred by the ENGINEER relating to commitments which had bccome firm prior to
the termination.
9.1.3 Upon rcccipt 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,
summarics 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 terminatcd prior to completion, the original copies of the ENGINEER'S
data, recommendations, plans, specifications, analysis and other related documcnts prcparcd by the ENGINEER
prior to said termination shall be delivcred to and become the property of the OWNER.
9.1.5 Upon termination, the OWNER may take over the work and may award anothcr party an Agreement to
complcte the work undcr this Agrecment.
9.1.6 OWNER'S right to terminate is in addition to any other remedics OWNER may have under the law.
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9.2 INSPECTION AND AUDIT
All books, papers, records, payrolls, vouchers and invoices rclating to costs and expenditures incurred as to thc
pcrformance of thc services by thc 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
pcriod and for thrcc years from thc date of final paymcnt.
9.3 EMPLOYMENT
Thc ENGINEER warrants that he has not employed or retaincd any company or persons, other than a bona fide employec,
working solely for the ENGINEER, to solicit to sccurc this contract, and that he has not paid or agreed to pay any
company or pcrson, other than bona fide employees working solely for the ENGINEER, any fee, commission, percentage,
brokeragc fee, gifts or any other considerations contingent upon or resulting from thc award or making of this Contract.
For breach or violation of this warranty, the OWNER shall havc the right to annul the Contract without liability or in its
discretion to deduct from thc price or considcration or otherwise recover the full amount of such fee, commission,
percentage, brokerage fee, gift or contingent fee.
All employces 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
Thc ENGINEER will not discriminate on the basis of racc, color, rcligion, creed, political ideas, sex, age, marital status,
national origin or disability in employment or provision of serviccs. The ENGINEER shall be subject to and comply with
Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated
thereunder.
9.5 SUBLETTING OR ASSIGNING OF WORK
The ENGINEER shall not sublet or assign any of the work covered herein without prior written approval ofthc OWNER.
9.6 ST ANDARD OF CARE
In providing serviccs under this agrcement, the ENGINEER will pcrfom1 in a manner consistent with the degree of care
and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any
service should be found to be not in conformance with this standard, the ENGINEER shall, at the OWNER's request, rc-
pcrform the service at its own expense. Engineer shall also, at its own expense, make such changes, modifications or
additions to the project which are made necessary as a result of the initial non-performance or the re-performance of
services. The OWNER's rights herein arc in addition to any othcr rcmedics the OWNER may have undcr the law.
9.7 LEGAL RELATIONS
9.7.1 The ENGINEER shall comply with all Federal, State, and Local laws and ordinances applicable to the
work to be done.
9.7.2 Thc ENGINEER agrees to indemnify, hold harmless, and defend thc 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 performance of the services specified in this
agrecment. In the event the OWNER is found proportionately responsible, thc ENGINEER will be hcld
responsible only for those damages, costs, attorney's fees, and liabilities as arc attributable to thc
ENGINEER's percent of fault as compared with 100% of the fault giving rise to thc damages.
9.7.3. The ENGINEER agrces 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 attorney's fees, arising out of or resulting
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from or in connection with thc ENGINEER's non-negligent pcrfom1ance of the services specified in
this agrecment. In the cvcnt the OWNER is found proportionately responsible, the ENGINEER will be
held responsiblc only for those damages, costs, attorney's fees, and liabilities as are attributable to the
ENGINEER's percent offault as compared with 100% of the fault giving rise to the damagcs.
9.7.4 In an appropriatc case in which attorncy's fccs arc awarded to the OWNER following a wrongful
refusal of a tcnder of defense, said fces may include fees and salary paid by the OWNER to the City
Attomcy or other in-hollsc counscl.
9.7.5 The indemnity required herein shall not be limited by reason of the specification of any particular
insurance covcrage in this agreement.
9.7.6 The ENGINEER shall perform this agreement as an independent contractor, and as such, is responsible
to the OWNER only as to thc results to be obtained in thc work herein specified, and to the extent that
the work shall bc done in accordance with thc terms, plans and specifications. The ENGINEER shall
have and maintain complete control ovcr all of its employees, subcontractors, agcnts and opcrations,
being responsible for any rcquired payroll deductions and providing required benefits, sllch as, but not
limited to, worker's compensation with statutory limits, and unemployment insurancc.
9.8 INSURANCE
The ENGINEER shall secure and furnish to the OWNER certificatc 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 hcreunder, ENGINEER shall securc 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 Coveragc
Limits
Emplovers'Liability:
5> 100,000 per accident
General Liability:
Bodilv Injury & PropertvDamage
Single and combined:
$1,000,000 pcr accident
General Aggregatc:
52,000,000
Excess Liability coverage (umbrella)
$1,000,000 each occurrence
Automobile:
Bodily Injury covering all
automobiles, trucks,_
tractors, trailers, or
other automotive equip-
ment whcther owned or
rcnted by Engineer or
owned by employees of
Engineer.
S 1 ,000,000 each person
51,000,000 each occurrcncc
Property Damage covering
all automobiles, trucks,
tractors, trailers or other
5 I 00,000 each occurrencc
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automotivc equipment whether
owncd or rented by Enginecr
or owncd by employees of
Enginccr
OR
Bodily Iniury & Property
Damage Single and combined
$1,000,000 each occurrence
In addition to the above insurance coveragc, the ENGINEER shall secure and maintain, until the work is completed
and accepted by thc OWNER, and without naming OWNER as an additional insured, professional errors and
omissions coveragc as follows:
Professional Errors & Omissions:
$ 1,000,000 per claim and
aggregate each occurrence
9.9 ENDORSEMENT
The ENGINEER shall place his cndorsement on all drawings and other data furnished by him.
9.10 OWNERSHIP OF DOCUMENTS
The partics admit and agrec the documents produced under this agreement are not intendcd 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 bc at OWNER's sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER's
indcpendent profcssional associates or consultants. Files in electronic media format of text, data, graphics, or of other
types that arc furnished by ENCINEER to OWNER arc 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 ENCINEER shall not issue any statements, releases or information for public disscmination without prior approval of
the OWNER.
9.12 PROPRIETARY RIGHTS
If patentable discoveries or inventions should result from work required herein, all rights accruing from such discoveries
or inventions shall be joint property of the ENGINEER and the OWNER. Provided that the OWNER, state agencies or
political subdivisions and the United States Government shall have the irrevocable, nonexclusive, nontransferable and
royalty-free license to use cach invention in the manufacture, use and disposition, according to law, of any article or
material, and in the use of any method that may be developed as part of the work described and contemplated herein.
9.13 RECORDS
The ENGINEER shall maintain accounting records and other evidence pertaining to the cost incurred and to make the
records available at all reasonable times during the Contract term and for one (l) year from the date of final payment.
Such accounting records and other evidence pertaining to the cost incurred will be made available for inspcctions by
OWNER.
9.14 SUCCESSORS IN INTEREST
The covenants, agreements and all statements in this Contract apply to and shall be binding on the heirs, personal
representatives, successors and assigns of the respective parties.
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9.15 ATTORNEY'S FEES AND COSTS
That in the evcnt it becomes necessary for either Party of this Contract to retain an attorney to enforce any of the terms or
conditions of this Contract or to give any notice required herein, thcn the prevailing Party or the Party gi ving notice shall
be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City
Attorney.
9.16 MODIFICATIONS AND AMENDMENTS
That any amendment or modification of this Contract or any provisions herein shall be made in writing or executed in the
same manner as this original document and shall after execution become a part of this Contract.
In witness Whereof, the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN, MONTANA
BY &cf4~
DATE: ~ /ft / IJ r(
! I
ENGINEER
~i?
,,'"
/,:::1 CJ'
~.~L-~ '----______
ce-President)
DATE: cJ u rU2. I
,
&CJo</
BY:
C:\My Documents\S1D 674 PSA.rtf
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EXHIBIT A
TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES
SPECIAL INSPECTOR'S STATUS DURING CONSTRUCTION
This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on
May 17.2004. between CITY OF BOZEMAN (OWNER) and MORRISON-MAIERLE. INC. (ENGINEER)
providing for professional engineering services.
ARTICLE 10 - SPECIAL INSPECTOR'S STATUS DURING CONSTRUCTION
10.1. OWNER'S SPECIAL INSPECTOR
ENGINEER will be OWNER's Special Inspector 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 provide on-
site inspections and testing in accordance with the required special inspection and testing program to check the
quality of the Work in accordance with the approved plans and specifications providing for OWNER's greater
degree of confidence that the completed Work will conform to the Contract Documents.
10.3. REJECTING DEFECTIVE WORK
ENGINEER will have no authority to disapprove or reject Work. The OWNER will be responsible for rejecting
work that is found to be defective.
10.4. LIMITATIONS ON ENGINEER'S RESPONSIBILITIES
10.10.1. Neither ENGINEER's authority to act under this Article or elsewhere in the Contract Documcnts nor any decision
made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or
rcsponsibility of ENGINEER to CONTRACTOR, any Sub-contractor, any Supplier, or any other person or organization
performing any ofthc Work, or to any surety for any of them.
10.10.2. Whenevcr in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowcd", "as
approved" or terms of like effect or import are used, or the adjectives "reasonablc", "suitable", "acceptable", "proper" or
"satisfactory" or adjectives of likc effect or import are used to describe a requirement, direction, review or judgment of
ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the
Work for compliance with the Contract Documents (unless there is a specific statement indicating othcrwisc). The use of
any such tcrm or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of
paragraph 4.1.1.
A-I
.'
.-
IIMORRISON
EXHIBIT B: IiIII MAIERLE,INc.
SPECIAL INSPECTION AND TESTING FEE ESTIMATE
BEST CASE SCENARIO INCLUDING REDUCTION IN SCOPE DUE TO BUILDING OFFICIAL EXEMPTIONS) An Emplo)'e~-Owned Cumpa"y
PROJECT TITLE City of Bozeman Fire Station #1
PROJECT LOCATION Bozeman, MT
PREPARED BY Kurt W. Keith, P.E.
DATE 17-Apr-04
........ 2003 IBC SPECIAL INSPECTION AND TESTING ***'A'****
Engineerllnspector Field Technician Testing Charges
** indicates elimination from scope based on Building Official exemption Hours Rate Total Hours Rate Total No. of Tests Rate Total
TASK 1: SOILS (IBC 1704.7)
1.1 Verify subgrade and subgrade prep, (2 trips) .. 0 $65 00 $0,00
1.2 Test compaction of initial backfill to raise grade below slab (use pit's proctor) (3 trips) 5 $55,00 $27500
1.3 Test compaction of foundation subgrade (1 trip) .. 0 $55,00 $0.00
1.4 Test compaction of backfilling of utility trenches (2 trips) 3 $5500 $16500
1.5 Test compaction offoundation excavation backfill (3 trips) 4 $55.00 $22000
1,6 Test compaction of slab subgrade (1 trip) 2 $55.00 $110.00
1,7 Reporting of results 1 $100.00 $100,00 2 $55.00 $110.00
TASK SUBTOTAL $980.00
Totals = 1 $10000 16 $880.00 0 $000
TASK 2: CONCRETE (IBC 1704.4, 1708.3)
2,1 Pre-pour inspection: reinforcing. anchors, material verifications (3 trips) 3 $6500 $195,00
2.2 Observation Of pour for proper techniques, curing. protection (3 trips) 6 $6500 $390.00 6 $45.00 $270.00
2.3 Sampling of concrete: air, slump, temperature (2 per trip) 2 $45 00 $90 00
2.4 Compressive test cylinder sampling, transport to lab (3 sets of 4) 3 $45.00 $135.00 12 $17.00 $204,00
2.5 Inspection of drilled and epoxiedlwedge anchors and rebar (2 trips) 1 $65 00 $65.00 4 $4500 $180.00
2.6 Reporting of results 4 $100.00 $400.00
TASK SUBTOTAL $1,929.00
Totals = 14 $1,050.00 15 $675.00 12 $204.00
TASK 3: MASONRY (IBC 1704.5, 1708.1)
3.1 Observation of preconstruction testing prism construction (1 trip) 1 $6500 $65,00
3.2 Transportation of preconstruction prisms to lab, testing of prisms (one set of 4 prisms) 1 $45.00 $45.00 4 $60,00 $240.00
3.3 Periodic inspection during placement of masonry units (3 trips) 3 $65 00 $195.00
3.4 Pre-grout inspection: reinforcing, grout space, embedments (3 trips) 3 $65 00 $195.00
3.5 Observation of grouting for proper techniques, curing. protection (3 trips) 3 $65 00 $19500
3.6 Mortar sampling and testing (one set of 3) 3 $17.00 $51.00
3,7 Grout sampling and testing (one set of 3) 3 $10,00 $30,00
3.8 Construction phase masonry prism observation and testing (1 trip) 1 $65 00 $65.00
3.9 Transportation of mortar, grout. and prisms to lab (one set Of 4 prisms) 1 $45.00 $4500 4 $60.00 $240.00
3,10 Reporting of results 8 $10000 $800 00
TASK SUBTOTAL $2,166.00
Totals = 19 $1,51500 2 $90.00 14 $56100
TASK 4: COLD FORMED STEEL (IBC 1707.4)
4.1 Periodic inspection of screw, weld.and other fasteners (1 trips) .. 0 $65,00 $0,00
42 Reporting of resuits .. 0 $6500 $000
TASK SUBTOTAL $0.00
Totals = 0 $000 0 $000 0 $0.00
TASK 5: STRUCT. STEEL (IBC 1707.3, 1707.2,1708.4)
5.1 On-site verification of materials: structural steel type, weld fillers (1 trip) 1 $6500 $65 00
5.2 PeriOdic inspection of field welding (1 trip) 2 $6500 $13000
5.3 Reporting of results 1 $100,00 $100.00
TASK SUBTOTAL $295.00
Totals = 4 $295 00 0 $000 0 $000
TASK 6: STRUCTURAL WOOD (IBC 1704.6, 1707.3)
6.1 PeriOdic inspection of wood shear wall installation and attachments (2 trips) .. 0 $65 00 $000
6.2 periodic inspection of woodlsteel stud shear wall holdowns (2 trips) .. 0 $65.00 $0,00
6.3 Reporting of results ** 0 $65.00 $000
TASK SUBTOTAL $0.00
Totals = 0 $0.00 0 $0.00 0 $0.00
TASK 7: DEVELOP CITY OF BOZEMAN CONTRACT FOR SPECIAL INSPECTIONS
7,1 Markup, retype, backcheck, and coordinate standard Agreement for this project type 25 $100.00 $250 00 1 $45.00 $45.00
TASK SUBTOTAL $295.00
Totals = 2,5 $25000 1 $45.00 0 $0.00
A. TOTAL LABOR AND TES f1NG EXPENSE COST $5,665.00
........ MISCELLANEOUS EXPENSES ........
"'TRANSPORT A TION/LODGlNG EXPENSES'"
Quantity Unit Rate TOTAL
I\IR FARE 0 Ticket $0 $0.00
I\UTOMOBILE (30 trips at 6 miles round trip) 180 Mile $0.62 $11160
MEALS 0 Day $0.00 $0.00
LODGING 0 Day $0.00 $0.00
B. TOTAL TRANSPORTATIONILODGING COST $111.60
... TECH CHARGES, POSTAGE, AND COPYING EXPENSE CHARGES ...
Quantity Unit Rate
TECH CHARGE: $3.50 per labor hour 74.5 hours $3.50 $260 75
(this includes telephone, computer use. etc.)
POSTAGE 1 lump sum (est.) $25.00 $2500
COPYING 250 each $010 $25,00
C. TOTAL TECH CHARGES, POSTAGE, AND COPYING EXPENSE CHARGES: $310.75
TOTAL FEE: (ITEM A+B+C) $6,087.35