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HomeMy WebLinkAbout03- Morrison-Maierle Hyalite Transmission Main Project Professional Services Agreement j t., t ~ .I . 1 ~ HY ALITE TRANSMISSION MAIN PROJECT PROFESSIONAL SERVICES AGREEMENT THIS IS AN AGREEMENT made as of February 3 ,2003, between THE CITY OF BOZEMAN, a Municipal Corporation, P.O. Box 1230, Bozeman, Montana, 59715 (OWNER) and Morrison-Maierle, Inc., P.O. Box 1113, Bozeman, Montana, 59718, (ENGINEER). Whereas the accomplishment of the work and scrvices described in this Agreement is essential to the OWNER'S public works improvement program. Whercas the OWNER intcnds to and has selected the ENGINEER to providc nceessary and professional engineering services for the projcet. Whcrcas thc ENGINEER represents that it is willing and qualified to perform thc profcssional cngincering scrviccs for this project described in this Agreement. Therefore, in consideration of the foregoing recitals and thc mutual eovcnants and conditions eontaincd hcrcin, the parties agree as follows: The conditions and provisions set forth in the attachcd EXHIBlT A - ENGINEER'S STATUS DURING CONSTRUCTION, EXHIBIT B A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMIT A TIONS OF AUTHORITY OF THE RESIDENT PROJ ECT REPRESENTATIVE., EXHIBIT C - SCOPE OF SERVICES FOR PROFESSIONAL ENGINEERING SERVICES FOR HY ALITE TRANSMISSION MAIN PROJECT and EXHIBIT D - ENGINEERING FEE ESTIMATE arc hereby incorporated in and madc pari of this Agreement. ARTICLE 1 - EN(;INIi:KRING SERVICES 1.1. Thc dctailcd dcscription of the specific project components is described as follows: Pre-Design Investigation Report A Pre-Design Investigation Rcport will be completed to include thc list of tasks identified in EXHIBIT C. 1.2_ The scope of services under this contract are set forth in this agreement and the alta<:hed EX IUBITS. ARTICLE 2 - ENGINEER'S RESPONSIBILITIES 2.1. ENGIN EER shall pcrfoml for OWNER professional engincering scrviccs in all phases of the Project to which this Agreement applies as hen:inafter provided. These services will include, but not be linlitcd to, scrving as OWNER's professional engineering representative for the Project, providing professional engineering consultation and advice and fumishing customary ci viI and structural cngincering scrviccs incidental thereto. 2.2. Thc ENGINEER shall fUl11ish all labor, materials, equipmcnt, supplies, and ineidcntals necessary to conduct and {., , complete the ENGINEER'S pOliions of the Project and to prepare and deliver to the OWNER all data, rcpOlis, plans, spccifications, and rccommendations as designated herein. 2.3. The ENGINEER shall asccliain such information as may have a bcaring on thc work from local units of government, public, and private organi~ations and shall be authori:t,ed to procure infoOllation from othcr authoritics as to the extent ofthcsc contacts and the results thereof. 2.4. The ENGIN EER'S work shall be in accordance with the standards of sound engineering practices. 2.5. 'l'he ENGINEER shall name a Principal-In-Charge for the duration of the project. The Principal-In-Charge shall be John R. Schunke, P.E_ 2.6. Thc ENGINEER shall name a Project Manager who shall be the liaison between thc ENGINEER and the OWNER. The Project Manager shall be James R. Nickelson, P.E. The OWNER may name a Task Director who would be the liaison bctwccn thc ENGINEER and the OWNER during the design segment ofthc Project. 2.7_ The ENGINEER shall submit an cstimatcd progrcss schedulc at the beginning of the work, and monthly progress reports thereafter until thc projcct is completed. ARTICLE 3 - OWNER'S RESPONSIBILITIES 3.1 The OWNER shall name a Task Dircctor who shall bc the liaison between the ENGINEER and the OWNER during DESIGN scgmcnt of the Projcct. The Task Director designated shall be Suc Stodola, P.E. 3.2 The OWNER shall have the right of rcvicw and cxamination ofthc ENGINEER'S work at all times. 3.3 Thc OWNER shall make available all records (as-built drawings, construction records, etc.) indicating the existing contlguration of the city uti Iities. 3.4 The OWNER will bc rcsponsible for Advcliising Bid Openings. 3.5 The OWNER shall attcnd thc pre-bid conferences, bid opcnings, prc-construction conferences, construction progrcss and othcr job related mcctings, substantial completion inspections and final payment inspcctions. ARTICLE 4 - BASIC ENGINI<:I<:RING SERVICES The ENGINEER shall render professional Engineering Services as follows: 4.1 PRE-DESIGN INVESTIGATION PHASl<: Aftcr written authorization to proceed, ENGINEER shall: 4.1.1 Consult with OWNER to clarify and define OWNER's requirements for the Project and revicw available data. 4.1.2 Advise OWNER as to the necessity of OWNER's providing or obtaining from others, data or scrviccs and assist OWNER in obtaining such data or scrviccs. 4. I .3 Idcntify and analyzc requirements of govcrnmcntal authoritics having jurisdiction to approve the design ofthc Projcct and participate in consultations with such authorities. 4. 1.4. Providc analyses of OWNER's needs, planning surveys, sitc cvaluations and comparative studies of prospective sites and solutions. 3 . J . \ 1., , 4.1.5. Provide a general economic analysis of OWNER's rcquircments applicable to various altematives. 4.1.6 Assist in formation of Special Improvement Districts (SID) by preparing district boundary descriptions and maps, preparing a property owner's and assessments role lists including project assessment costs based on the preliminary project cost estimates, and providing technical information at SID public hearings, if applicable. 4.1. 7. Prepare a Report containing schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate clearly the considerations involved (including applicable requirements of govemmenta1 authorities having jurisdiction as aforesaid) and the altemative solutions available to OWNER and setting forth ENGINEER's findings and reconm1endations. This Report will be accompanied by ENGINEER's opinion of probable costs for the Project, including the following which will be separately itemized: Construction Cost, allowance for engineering costs and contingencies, and (on the basis of infom1ation fumished by OWNER) allowances for such other items as charges of all other professionals and consultants, for the cost of land and rights-of-way, for compensation for or damages to properties, for interest and financing charges and for other services to be provided by others for Owner. The total of all such costs, allowance, etc. are hereinafter called "Total Project Costs". 4.1.8. Fumish ~ copies of the Study and Report documents and review them in person with OWNER. The Pre-design Investigation Phase will be completed and submitted within ----.2.Q~_.ca1endar days following written authorization from OWNER to ENGINEER to procced with that phasc of serviccs. QWNER and ENGINEER will negotiate the.flJJ.l.2<;:..Q129...qf~9Eif.cs .t9.,lli;.l2f.Qyideq,J.9E!!le balance of the proiect upon completion of the Tasks identified in 4~JJ1~I.eiI1.~This cm:ltra.e1:w.iILhf~!IIE:n.q~gJQjI1c;J.t~(::t~Jhe J?a..!a..nee of services at ~Jater date. 4.2 PRELIMINARY DESIGN PHASE A fier acceptance of the pre-design report and receipt of written authori7.ation to proceed with the Preliminary Design Phase, ENCilNEER shall: 4.2.1. In consultation with OWNER determine general scopc, extcnt and character of the Projcet. 4.2.2. ENGINEER shall then prepare a Preliminary Design Report, preliminary plans and specifications and a written description for the Project. 4.2.3. Preliminary Design Report: SpecifIC items to be addressed in the desibrn report will include, but not be limitcd to: 4.2.3.1. Summary of construction requirements with appropriate drawings for each task included in the project. 4.2.3.2. Plans for providing water and sewer services for affected properties during construction. 4.2.3.3. Summary gcokchnical report for specific tasks, ifnceded. 4.2.3.4. Special design considerations for Project tasks with conditions not covered in standard construction methods or specifications. 4.2.3.5. A traffic control plan for each project task, ifnecessary. 4.2.4. Desi~'ll and C9JJB.!nKtion Survev: TIle ENGINEER shall conduct a design fIeld survey of the project areas, as necessary, for locating cxisting utilities (such as gas, power, telephone, TV cables, water and sewer 4 . I I I i , ; , I I l 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 suitahle horizontal and veliieal reference control points for the construction phase. 4.2.5. Pellllits and Rights-of-Wav: The ENGINEER shall obtain approved pellnits, licenses, and/or casemcnt agreements from private landowners and any othcr agcncies or entitics requiring similar approvals prior to bidding. 'fhese approvals will be coordinated with the OWNER and will be made on casement and pellllit 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. 4.2.6. Geotechnical Exp]oratiQns and Analvsis: The ENGINEER shall conduct such geotechnical explorations and analysis as neecssary for project design and bidding. ^ geotechnical rcpOli will be prepared with recommendations relating to conditions pertinent to the design and construction of the Project. Subsurface information will be obtained by reviewing any existing geotechnical data available and using additional backhoe test pits and soil borings as necessary. The ENGINEER shall furnish copies of a geotechnical report as requested to OWNER for use by OWNER and Contractors, and review the rcsults of the report with Contractors in a pre-bid meeting. The repoli is to be prepared t~)f design purposes; ENGINEER will not be responsible if it is used by others for other purposes. 4.2.7. Preliminary PLans and Specifications. Prepare preliminary constTuction plans and specifications with infollllation which addresses the special features of each project task. 4.2.8. Based on the infOllllation contained in thc prcliminary design documents, ENGINEER will submit a rcvised opinion of probable Total Project Costs to the OWNER. 4.2.9. ENGINEER shall prepare and furnish complete copies of preliminary bidding documents and design rep0l1 as requested to OWNER and at the same time furnish copies as directed by OWNER to agencics and/or pmiies having regulatory responsibilities or direct financial participation in any pmi of the Project; provide any techmcal criteria, written descriptions and design data necessary for securing permits or approval from authorities having jurisdiction to review and approve the desi~'ll, and assist owner in securing such approvals; and review documents in pcrson with OWNER and review authorities, and, if necessary, conduct a plan-in-hand site revIew. All changes agreed to between ENGINEER and OWNER will be noted in a memorandum trom the ENGINEER to the OWNER and incorporated into thc final plans and specifications. The Prehminary Design Phase will be completed and submitted within authori,ation trom OWNER to ENGINEER to proceed with that phase of services. calendar days following written 4.3 FJNAL DKSJGN PHASE After writtcn authori",ation to proceed with the Final Design Phase, ENGINEER shall: 4.3.1. On the basis of the accepted Preliminary Design documents and the revised opinion of prohable Total Project Costs, prepare for incorporation in the Contract Documents final drawings and Technical Specifications of sufficient detail to show the general scope, extent and detailed character of the work to be furnished and performed by the Contraetor(s) suitable for use in the project bidding and construction. 4.3.2. Advisc OWNER of any adjustments to the latest opinion of probable Total Project Costs caused hy changes in general scope, extent or character or design requirements of the Project or Construction Costs. Furnish to OWNER a revised opinion of probable Total Project Costs based on the Drawings and Specifications. 4.3.3. Prepare for revicw and approval by OWNER, its legal counsel and other advisors, contract agreement fonns, general conditions and supplementary conditions, and (where appropriate) bid fOllllS, invitations to bid and instructions to bidders, special provisions, technical specitlcations, and standard drawings, and other related contract documents in conformance with the latest edition of the Montana Public Works Standard Specifications (M PWSS) and City of Bozeman Modi fications to M PWSS adopted by the City of Bozeman. 5 The Final Phase will be complete and submittcd within OWNER to ENGINEER to proceed with that phase of scrviccs. calendar days following writtcn authorization from i ~ ., 4.3.4. Furnish OWNER six copies of tht: Contract Documents (including design drawings, spccifications and contracts ). 4.4 BIDDING OR NEGOTIATING PHASE Aftcr written authorization to proceed with the Bidding or Negotiating Phase, ENGINEER shall: 4.4.1. Assist OWNER in advt:rtising 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 tilr Bidding Documents and conduct prc-bid confcrcnccs. 4.4.2. Provide interpretation or claritlcation to prospective bidders regarding the Bidding Documents, and issue addenda as appropriate. 4.4.3. Consult with and advise OWNER as to the acceptability of the prime contractor, subcontractors, suppliers and other persons and organizations proposcd by thc primc contractor(s) (herein call "Contractor(s)") for thosc portions ofthc work as to which such acceptability is required by tht: Bidding Documcnts. 4.4.4. Consult with OWNER conccrning and dctcrminc thc acccptability of substitute materials and equipment proposcd by Contractor(s) when substitution prior to tht: award of contracts is allowcd by thc Bidding Documents. 4.4.5. Attend thc Bid opcning, prepare bid tabulation, cvaluatc bids, asscss biddcrs' rcsponsiveness and responsibility and make award rt:commt:ndation to OWNER. 4.4.6 Facilitate contract award, and the execution and distribution of the contract documents for construction, materials, equipment and services. Furnish Owncr two original signature sets of executed contract documents (including design drawings, specifications and contracts). Furnish contractor with one set of original signature ext:cuted contract documents and up to three sets of construction documents. 4.5 CONSTRUCTION PHASE The responsibilities of the ENGINEER during the Construction Phase arc summarized as follows: 4.5.1. General Adminis!n~!5.on of Construction Contract. ENGINEER shall consult with and advise OWNER and act as OWNER'S representativc as provided in EXHIBIT A - ENGINEER'S STATUS DURING CONSTRUCTION, attach cd to and madt: part of this Agret:mt:nt and Illay be further provided un dcI' the Gcneral Conditions of the contract documents. The extent and limitations of the authority, dutit:s, and rt:sponsibilities of the ENG[NEER on the construction job site as assigned herc-in shall not be modified except as the ENGINEER may otherwise agree 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 the extent provided in thc General Conditions t:xccpt as otherwise provided in writing. [n addition to the services provided undcr Article 10 (Exhibit A) thc ENGINEER shall provide the following services during construction: 4.5.1. I Schcdule and conduct a pre-construction conft:rcnce. 4.5.1.2 Provide personnel, equipment and supplies for construction layout and control, including establishment of line, gradc, and blue top control staking. 6 1\ . I 4.5.1.3 Rt::view Contractors' construction schedules and opcrations, and thc Contractors' traffic control plans and its implemcntation prior to the stali of construction. 4.5.1.4 Ascertain that the Contractor has secured required pcrmits nccdcd to accomplish his work. 4.5.1.5 Prepare and providc wcekly activity and progrcss rcports to the City's Task Dircctor. 4.5.1.6 ENGINEER shall provide OWNER copies of all cOITt::spondence between the ENGINEER and Contractor. 4.5.1.7 Issue stop and resume work orders, in whole or in pat1, when work is not or cannot be perfomlt::d in accordance with the Contract Documents. 4.5.1.8 Review and approve, for conformance with the project technical specitications all shop drawings, and other Contractor submittals rcquircd by thc Contract Documcnts. 4.5.1.9 During construction review Contractors' construction schedules and evaluatc con formance and progress under the Contract time provisions. 4.5.1.10 Prepare for OWNER'S approval any plan and specification changes which due to any initial design or engineering deficiencies are required to complctc thc projcct original dcsign concept. 4.5.1.1 I Inspcct thc project and when appropriate, and after conferring with OWN ER, Issue a Certificate of Substantial Completion to the Contractor. 4.5.1.12 Prior to rccommending final payment, schedule and conduct with the OWNER a final project inspection and submit a report to the OWNER documenting any outstanding items or deficiencies requiring correction prior to final payment. Upon satisfactory projcct completion ENGINEER shall certify in writing to thc OWN ER, and any rcquired regulatory agencics, that thc construction was completed in accordance with the approvt::d plans and specifications and is performing in accordance with the design conccpt. 4.5.1.13 Elcvcn months after project substantial completion schedule and conduct with the Owner a One Year Warranty Inspection of the project and advise the owncr in writing whether project deficiencies exist and if the project is performing in accordanec with the design concept. 4.5.2. Resident Proieet Representati.Y~" ENGINEER shall provide a qualitled Resident Project Rt::presentative at the job site to provide observation of the work as provided in EXHIBIT 8 - A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE., attached to and made part of this Agreement. Tht:: ENGINEER shall submit to the OWNER, for review and acceptance, the resume of each Resident Project Representative who may be assigncd to the job site during the course of the Project not less than 10 calendar days prior to the pre-construction meeting. Any subsequent change in the resident reprt::st::ntative shall also be subject to the OWNER'S approval. 4.5.3 Limitations of _R~5J.lfH1sibilities. ENGINEER will not be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and ENGINEER will not bc responsible for CONTRACrOR's failure to perform or furnish the Work in accordance with the Contract Documents; however, nothing contained in this ar,'Teement shall be construed to releasc ENGINEER from liability for failure to properly perform duties and responsibilities assumed by ENGINEER in the Contract Documents. 4.6. PRO.meT DOCUMENTATION 7 8 i \ ENGINEER shall fumish OWNER with (a) one mylar copy and two paper copies of the Project Record Drawings ("As- Builts"), (b) written monthly progress reports, and (c) a project notcbook containing such correspondence and documentation as requested by OWNER. 4.7. CONSTRUCTION TI<~ST[NG The inspection services shall include matcrial tcsting and vcrification of contract compliancc with job sitc rcquircments, plans and specifications. The ENGINEER shall providc and maintain detailed documentation of the following material testing: 1) Concrete strength, air content and slump 2) Embankment, trcnch backfill, and gravcl and pavcmcnt dcnsitics 3) Aggregate gradations 4) Plant mix strength, flow and asphalt content ARTICLE 5 - ADDITIONAL SERVICES 5.1. If OWNER wishes ENGINEER to pcrform any of thc following Additional Serviccs, OWNER shall so instruct ENGINEER in writing, and ENGINEER shall perfoTIll or obtain from others such services and will be paid therefor as provided in the Agreement: 5.1.1. Lcgalland survcys perfolllled to obtain data for preparing easements and rights-of-way descriptions. 5.1.2. Preparation of applications and supporting documents for governmcntal agencics in addition to those required under Basic Serviccs; prcparation or rcvicw of environmcntal studics and rclatcd scrviccs; and assistance in obtaining environmcntal approvals. 5.1.3. Scrviccs resulting from signifIcant changes in the general scope, extent or character of the Project or nlajor changes in documentation previously accepted by OWNER where changes are due to causes beyond ENGINEER's control. 5.1.4. Providing renderings or models. 5.1.5. Preparing documents for alternate bids requested by OWNER for work not executed or for out-of- sequence work. 5.1.6. Providing othcr services not otherwise provided for in the Agreement, including services nOllludly fumishcd by thc OWN ER as elsewhere herein described. 5.1.7. Furnishing the services of indepcndent profcssional associatcs or consultants for othcr than Basic Services. 5.2. When required by the Contract Documents in circumstances beyond ENGINEER's control, ENGINEER shall perform or obtain from others any of the following Additional Services as circumstances require during construction and without waiting for specific instructions from OWNER, and ENGINEER will be paid therefor as provided in this Agreement: 5.2.1. Services in connection with work directive changes and change ordcrs to reflect the changes requested by OWNER if the resulting changc in compcnsation for Basic Services is not commcnsuratc with the additional services rendcrcd. 5.2.2. Services in making revisions to Drawings and SpecifIcations occasioned by the OWNER'S acceptance of substitutions proposed by Contractor(s); services after the award of each contract in evaluating and detemlining the acceptability of an unreasonable or excessive numbcr of substitutions proposed by Contractor; i I and evaluating an unreasonable or extensive number of claims submitted by Contractor(s) or others in connection with the work. 5.2.3. Services resulting from significant delays, changcs or price inercascs oceun'ing as a dircct result of materials, equipmcnt or energy shortages. 5.2.4. Additional or extended services during construction made 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) acccleration of the progress schedule involving services beyond normal working hours, (4) dcfault by any Contractor. ARTICLE 6 - COMPENSA'rION FOR ENGINEERING SERVICE 6.1 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER 6.1.1 ravment. Thc OWNER shall for design phase services performed as Basic Engineering Services under section 4.1 ~R-4,4 of this agreement pay a total sum in the amount of $122,027.00 for such services. 6.1.2 Paymcnt Schedule. Total cumulative payments for the design phase engineering services (section 4.1 tkr~ugh 4.4) shall not exceed the following ceilings: $.l:?2,027 .00 (100 % of design fee) until the Pre-design Investigation find Preliminary l,)~ Report have been submitted to the OWNER. $ (2iQ'!<. ~f B~>--~ unft~~~~IlH':H-mffl~QJ-ljjoo_~i+wahtffi&'-h-a~n"'8ttt~ tkg O\V~JEPL an~ nr:i~r:: uuthtlHt~ $ (9Q(!~. ~f €l@gigl'l t€@) until th@ Fin!!1 Plung !!nB EJ'l@@ifi@!!ti~ng h!!','@ 1l@@B gullmitt@Ei hl dl@ O\V~JlZR 8fUi nr:i~'." uuth@ritigH. 6.1.3 General. Engineer shall submit monthly statements for services rendered. The statements shall be bas cd upon Engineer's estimate of tbe 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 rctainage requirements pursuant to the payment provisions of the Agreement. 6.1.4 Reimbursablc Expenses. Only those expenses specifically identified for payment under section 6.2 of this Agreement are reimbursable. All other design related expenses are included in the Lump Sum Payment for the Basic services (4.1 tkrw,lgh 1.1) and are not separately rei mbursablc. Additional Services specificall y identificd undcr the seopc of design services for payment under 6.1 are not separately reimbursable. 6.2 DIRRCT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER. Construction and project documentation services perforl11ed as Basic Engineering Services under sections 4.5 through 4.7 including General Administration of Construction Contract, Resident Project Representation, Project Documentation, and Construction Testing, shall be compensated in accordance with the following: 6.2.1 The OWN ER shall pay for Construction Phase and Project Documentation Services an amount not to exceed $ except as provided under 6.2.1.2 and 6.2.4. 6.2.1.1 Costs Comnensation. Compensation for these serviccs shall be based on the ENGINEER's Direct Labor Cost times a factor of 3.00 for services rendered which shall cover Dircct Labor, Direct Labor Overhead, General & Administrative Overhead and Profit, plus reimbursable expenses as provided in 6.2.2. 9 10 1 I 6.2.1.2 btgtification. 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 compcnsation for these services, and prior to perf()mling services in excess of the contract ceiling, thc ENGINEER shall give OWNER written notice thereof. Promptly thereafter OWNER and ENGINEER shall review the scopc and progress of the project work. ENGINEER shall obtain writtcn authori"ation from OWNER, prior to any additional costs being incuTTed under paragraph 6.2.1.3. If it is determined that due to a change in project scope under paragraph 5.2.1, the ENGINEER is entitled to additional compensation, OWNER and ENGINEER may negotiate tenns as provided under 6.2.1.1. The amount and temlS of any additional compensation under 6.2.1.1 or 6.2.1.3 shall be negotiated and agrced in writing pursuant to 9.16. 6.2.1.3 CostfL.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 thc estimated compensation. These costs consist of an amount equal to thc ENGINEER'S Dircct Labor Cost times a factor of 2.6045 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 Services and Approved Additional Services shall be paid to thc ENGINEER by the OWN ER in the actual amount of the costs inculTcd up to an amount not to cxcccd $ which includes $._.._____"^..'"..~~ for consultants employed by the Engineer and $ _ for all other reimbursable expenses. The estimated reimbursable expenses are identified in Exhibit "~__. 6.2.3. Failed Test Expcnscs. The ENGINEER shall maintain and provide to the OWNER, a record of the costs associated with failing quality control tests performed for the OWNER during the course of the construction of the project and recommend an amount the OWNER dcduct from thc contractor(s) paymcnts. 6.2.4 The OWNER shall pay an amount for ~ilsE~!.onaU?eIY1(;.~c'i rendered by the ENGINEER and approved in writing by thc OWNER on the basis of the ENGINEER'S Direct Labor Costs times a factor of 3.00 , or an amount othcrwise negotiated at the timc such scrviccs arc rcqucstcd and approvcd by thc OWNER. ARTICLE 7 - MEANING OF TERMS 7.1 AGREEMENT As uscd hcrcin the tcnn "this Agreement" refcrs to thc contcnts of this documcnt and its Exhibits attached hcrcto and rcfen'ed to as if they were pm1 of one and the same document. 7.2 CONSTRUCTION COSTS Thc construction cost of the entire Projcct (hcrcin rcfened to as "Construction Cost") means the total cost to OWNER of those portions of the entire Projcct designed and specifIed by ENGINEER, but it will not include ENGINEER's compensation and expenses, thc cost of land, rights-of-way, or compensation for or damages to, properties unless this Agreement so specifies, nor will it inelude OWNER's legal, accounting, insurance counseling or auditing services, or interest and financing charges incuned in connection with the Project or the cost of other services to be provided by others to OWNER. 7.3 DIRECT LABOR COSTS Direct Labor Costs used as a basis for payment mean the actual salaries and wages paid to all ENGINEER's personnel engagcd dircctly on the Project, including, but not Iimitcd to, cnginccrs, architccts, survcyors, dcsigncrs, draftcrs, spccification writers, estimators, othcr tcchnical and busincss personncl; but docs not includc indircct payroll related costs or fringe benefIts. For the purposcs of this Agreement the principals and employees of the ENGINEER maximum billable Direct Labor Costs are: j l Principals Supcrvising Engineer II Supcrvising Engineer I Senior Enginccr III Scnior Engineer II Scnior Engineer I Design Engineer II Design Engineer I Staff Engineer Scnior Environmental Profcssional Environmental Professional Senior Tcchnicians CADD Draftcr Tcchnicians Two Person Survcy Crcw Clerical 7.4 R~:IMBlJRSABLE EXPENS~:S $ 40.00 /hour $ 37.33/hour $ 32.67 !hour $ 30.00 /hour $ 28.33 /hour $JQ ,Q.QJh our $ 24.33 /hour $ 22.33 /hour $ 21.00 /hour $30.0Q,[bour $21.67/hour $ 17.33 /hour $ 17.33/hour $ -.l.LQL/h 0 ur $ 33.33 /hour $ 13.33 /hour Reimbursable Expcnses mean the actual cxpenses incurred by ENGINEER or ENGINEER's independent professional associates or consultants dircctly in connection with thc Projcct, such as cxpcnscs for: transportation and subsistcncc incidental thcrcto; obtaining bids or proposals from Contractor(s); subsistcnce and transportation of Resident Project Rcprcscntatives and their assistants; toll telephone calls and telegrams; reproduction of rcpolts, Drawings, Spccifications, Bidding Documents and similar Project-related items; and if authorizcd in advancc by OWNER, ovcltime work rcquiring higher than rcgular ratcs. In addition, whcn compensation for Basic Servlct:s IS on the basis of Direct Labor Costs method of paymcnt, Rcimbursable Expenses will also include the amount billed to ENGINEER by special consultants employed by ENGINEER and authorizcd by OWNER (other than as an authorized Additional Serviccs) and will also include expenses incurred for computer time and other specialized cquipmcnt, ineluding an appropriatc chargc for prcviously estahlished programs and expenses of photographic production tcchniqucs. ARTICLE 8 -PAYMENT PROVISIONS 8.1 TIMES OF PAYMENTS. ENGINEER may submit monthly stakmt:nts for Basic Services and approved Additional Scrviccs rmdered and for Reimbursablc Expt:nst:s inculTed; howt:ver, paymt:nts shall not exceed the ceilings providcd in 6.1 and 6.2. Final payment shall bc madt: only after acceptance of the project by the OWNER. If OWNER disputes the amount of thc billing, OWNER will notify the ENGINEER in writing within ten (10) calendar days of the receipt of bi II of thc dispuk. S.2 REQUESTS FOR PAYMENT. Each request for payment shall include a documentation summary of the pcriod incremental man hours inculTcd, direct labor rates and billed rates, detail of reimbursable costs, total pcriod billing, and total cumulativc billing. When requested by OWNER scrviccs for distinct project scgmcnts shall bc accountcd and billed separately. S.3 PAYMENT UNDER TERMINATION. In the event of temlination by the OWNER upon the completion of any phasc of tht: Basic Services, progrcss payments due ENGINEER for services rendered through such phase shall constitute total payment for such serviccs. In the event of such termination by OWNER during any phase of thc Basic Scrviccs, ENGINEER also will bc rcimbursed for the charges of prc-approvcd indcpcndcnt profcssional associatcs and consultants employed by ENGINEER to render Basic Scrviccs, and paid for scrviccs rcndcrcd during that phast: on the basis of thc paymcnt provisions of the Agreement. In the event of any such termmation, ENGINEER will be paid for unpaid pre- approvcd Additional Services and unpaid Reimbursable Expenses which are authorized under this agreement. 9.1 TERMINATION 0..- AGREEMENT ARTICLE 9 - GENERAL CONSIDERATIONS II 9.].1 The sole right is hercby reserved to thc OWN ER to tcrminatc this Enginccring Agrccmcnt for any and all causes or for its convcnicnce at any time upon fifteen (15) days written notice to the ENGINEER. , I 9.1.2 If tcnnination for default is effectcd by the OWNER, an equitable adjustment in the priec provided for in this Agrccmcnt shall be made, but (I) no amount shall be allowed for anticipatcd profit on unperformed services or othcr work, and (2) any payment due to the ENGIN EER at thc timc of termination may be adjusted to covcr any additional costs to thc OWNER bccausc of thc ENGINEER's default. If tcrmination for convenience is effected by the OWNER, thc equitable adjustment shall include a reasonable profit, as detcnnincd by owner, for servIces or other work perfollllcd. 'fhe cquitable adjustment for any tennination shall providc for paynlcnt to the ENGINEER for serviccs rendered and expenses incurred prior to the tennination, in addition to tennination scttlcment costs rcasonably incurred by the ENGINEER relating to commitments which had become firm prior to thc tCllllination. 9.1.3 Upon rcccipt of a tennination action under paragraph 9.1.2, the ENGINEER shall (I) promptly discontinuc all affected work (unless thc noticc dirccts othcrwisc), and (2) dclivcr or othcrwisc makc available to the OWNER within ten (10) days copics of all data, (lcsign doawings, speci fications, reports, cstimatcs, summaries and such other infonnation and materials as may havc bcen accumulated by the ENGINEER in pcrfolllling this Af,>Teement, whethcr complctcd or in proccss. 9.1.4 In thc cvcnt this Contract is terminated prior to completion, the original copies of the ENGINEER'S data, rccommcndations, plans, specifications, analysis and other relatcd documcnts prcparcd by thc ENGINEER prior to said termination shall bc delivered to and become the property of the OWNER. 9.1.5 Upon termination, thc OWNER may take ovcr thc work and may award anothcr pmiy an Agrccmcnt to eompletc thc work undcr this Agreement. 9.1.6 OWN ER'S right to terminatc is in addition to any othcr rcmcdics OWNER may have under the law. 9.2 INSPECTION AND AUDIT All books, papers, records, payrolls, vouchcrs and invoiccs rclating to costs and cxpcnditurcs inculTcd as to the pcrfonnance of the services by the ENGINEER hcrcundcr shall bc madc available to thc OWNER, or thcir authorized representatives for audit and rcvicw, at the ENGINEER'S respective offices at all reasonable times during the contract period and for thrcc ycars from the date of final payment. 9.3 EMPLOYMENT Thc ENGINEER warrants that he has not cmploycd or rctaincd any company or pcrsons, othcr than a bona fide employee, working solely for the ENGINEER, to solicit to secure this contract, and that he has not paid or af,>Teed to pay any company or person, othcr than bona fide employees working solely for the ENGINEER, any fee, commission, percentagc, brokerage fcc, gifts or any other considerations contingent upon or resulting from the award or making of this Contract. For brcach 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 priec or considcration or otherwise recovcr thc full amount of such fcc, commission, percentage, brokeragc fcc, gift or contingent fee. All employccs of thc ENG IN FER or other persons while engaged in the performance of work or services required hy 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 ofscrvices. 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 th crcun dcr. 12 I I 9.5 SlIBLETTING OR ASSIGNING OF WORK The ENGINEER shall not sublet or assign any of the work covered herein without prior written approval of the OWNER. 9.6 STANDARO OF CARE In providing services under this agreement, the ENGINEER will pcrfollll in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profcssion 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, re- pert()fll1 the servicc at its own expense. Enginccr shall also, at its own expense, make such changes, modifications or additions to the project which are madc necessary as a result of the initial non-pcrformancc or the re~perfollllanee of services. The OWNER's rights hercin arc in addition to any other remedics thc OWNER may have under the law_ 9.7.1 9.7 LEGAL RELATIONS 9_7.2 9.7.3. 9.7.4 9.7.5 9.7.6 9.8 INSlIRANCE The ENGINEER shall comply with all Federal, State, and Local laws and ordinances applicable to the work to be done. The ENGINEER agrees to indemnify, hold harmless, and defend the OWNER, its otllcers, directors, agents, and employees from and against any suits, causes of action, claims, demands, damagcs, costs, expenses, obligations, and liability of any character, ineluding attollley's fecs, arising out of or resulting from or in connection with the ENGINEER's negligent pcrformanee of the services specified in this agreement. In the event the OWNER is found proportionately responsible, the ENGINEER will be held responsible only for those damages, costs, attollley's fees, and liabilities as arc attributablc to thc ENGINEER's percent of fault as compared with IOO')!o of the fault giving rise to the damages. The ENGINEER agrees to indemnify, hold hamlless and defend the OWNER, its officers, directors, agents, and employees from and against any suits, causes of action, claims, demands, damages, costs, expcnses, obhgations, and liability of any character, illl.:luding attollley's fees, arising out of or resulting from or in connection with the ENGINEER's non-negligent perf()1ll1anCe of the services specified in this agreement. In the evcnt the OWNER is found proportionately responsible, thc ENGINEER will be held n:sponsible only for those damages, costs, attorney's fees, and liabilities as are attributable to the ENGINEER's pcreent of fault as compared with 100%, ofthc fault giving rise to the damages. In an appropriate casc 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 counscl. Tlle indemnity required herein shall not be limited by reason of thc spccification of any particular insurancc coverage in this agreement. The ENGINEER shall perform this agreement as an independent contractor, and as such, is n:sponsible 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 telllls, plans and specifications. The ENGINEER shall have and maintain completc control over all of its employees, subcontractors, agents and operations, being rcsponsible for any required payroll deductions and providing required benefits, such as, but not Iimitcd to, worker's compensation with statutory limits, and unemployment insurance. The ENGINEER shall secure and fumish to the OWNER certitkate of insurance, thcrein, naming the OWNER as an additional insured, to includc thirty (30) days notice of cancellation or non-rcnewal. 13 f I Without limiting any of ENGINEER's obligations hereunder, ENGINEER shall st:cure and maintain, until the work is completed and acccpted by the OWNER, insurance coverage naming the OWNER as additional insured with minimum insurance eoveragc as follows: 14 ~ , I I Type of Coverage Limits Employers' I~iabi I itv: $ 100,000 per accident General Je,iabi I itv: Itodily Iniury &J)ropertyDamag" Singk and combined: $1,000,000 per accident Qeneral Aggrega1t:, mOO,OOO Exccss Liability coverage (umbrella) $1,000,000 each oecurrcnce Automobil~; !3,gdilv Iniury covering all automobilcs, trucks,_ tractors, trailers, or other automotive equip- ment whether owned or rented by Engineer or owned by employees of Enginecr. ;SJ,OOO,OOO each person $1,000,000 each oecurrencc Propeliy 1)a1)la.ill< covering all automobiles, trucks, tractors, trailcrs or other automotive equipment whethcr owned or rented hy Engineer or owncd by employees of Engineer $100,000 each occurrence OR Bodily Inil11Y& Property Damag~ Single and comhined $1,000,000 each oeeurrcncc In addition to the above insurance coveragc, the ENGINEER shall secure and maintain, until the work is completed and accepted hy thc OWN hR, and without naming OWNER as an additional insured, professional errors and omissions coverage as follows: ProfcssionalJ~;rrors & Omissi9ns: $ 1,000,000 per claim and aggregate each oeeUITenee 9.9 ENDORSEMENT The ENGINEER shall place his cndorscment on all drawings and other data furnishcd by him. 9.10 OWNERSHIP OF DOCUMENTS The parties admit and af,>Tee the documents produced under this agreement arc not intended or represented to be suitable for reuse by OWNER or any othcr individual on any othcr project. Any reuse without written verification or adaptation by ENGINEER will he at OWNER's sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER's 15 , I , I indcpendent professional associatcs or consultants. files in clectronic media format of text, data, graphics, or of othcr types that arc fumished by ENGINEER to OWNER are only for convcnicncc of owner. Any conclusion or infonnation obtained or dcrivcd from such elcctronic flIes will bc at thc user's sole risk. 9_11 PUBLIC INFORMATION Thc ENGINEER shall not issue any statcmcnts, releases or information for public disscmination withmlt prior approval of thc OWNER. 9.12 PROPRIETARY RIGHTS If patentable discovcrics or inventions should result from work required hercin, all rights accruing from such discovcrics or inventions shall bc joint propcrty of the ENG[NEER and the OWNER. Provided that the OWNER, statc agcncics or political subdivisions and thc United States Govcmment shall have thc irrcvocable, nonexclusive, nontransfcrable and royalty-frcc license to usc each invention in the manufacture, usc 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 contcmplated herein. 9.13 RECORDS TIle ENGINEER shall maintain accounting rccords and other evidcncc pcrtaining to the cost incurrcd and to make the rccords availablc at all reasonable timcs during the Contract tCnll and for one (I) ycar from thc date of final paymcnt. Such accounting rccords and othcr CVldence pcrtaining to the cost incurrcd will be made available for inspcctions by OWNER. 9.14 SUCCESSORS IN INTEREST TIle covcnants, a)i,'l"eements and all statemcnts in this Contract apply to and shall be binding on thc hcirs, pcrsonal represcntativcs, successors and assigns ofthc rcspcctive parties. 9.15 ATTORNEY'S FEES AND COSTS That in thc cvent it becomcs nccessary for cithcr Party of this Contract to retain an attorney to enforcc any of thc It:nllS or conditions of this Contract or to give any notice required herein, thcn thc prevailing Party or thc Pmiy giving notice shall be cntitled to reasonable attorney's fees and costs, including fccs, salary, and costs of in-housc counsel to include City Attorney. 9.16 MODIFICATIONS AND AMENDMENTS That any amcndmcnt or modification of this Contract or any provisions herein shall be madc in wliting or executed in thc same manncr as this original document and shall aftcr execution become a part of this Contract. [n witncss Whereof, the Parties hereto do make ancl execute this Agrccment. CITY OF BOZEMAN, MONTANA ENGINE(<~R BY: dV...ic~-Presidcnt) ,~-/L (._-- \ B-Y,:::""" .... C,;,,_~::--.:., (City Manager) DATE:----.EBbruary 3. 200.3 DATE: c:1<",.-~-=-~ c;,).'lt ZC\O'S ATTi;' . o~~ BY' . ., . "..n. __.....'.,"._____ . .~ erk of Commission) HI04171040ldocslCONTRACTSIOraft Profess Serv Agr~e1llelllllyalile.rlr 16 I I 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 February 3. 2003 , between CITY OF BOZEMAN (OWNER) and MORRISON-MAIERLE, INC. (ENGINEER) providing for professional engineering services. ARTICLE 10 - ENGINEI<:R'S STATUS DURING CONSTRUCTION ro.l. 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 arc set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. 10.2. VISITS TO THE SITE ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to detemune, in general, if the Work is proceeding in accordance with the Conh-aet Documents. ENGINEER will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. ENGIN EER'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 deficienc ies 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 "~XHmIT B. A LISTING OF THE DUTIES. RESPONSIBILlTIKS AND LIMITATIONS OF AUTHORITY OF TH"~ RESIDENT PROJKCT REPRESENT ATIVt<:. lOA. CLARIFICATIONS AND INTt<:RPRETATIONS ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the fornl 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 interprctationjustifies 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. 10S 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 Ficld Order and will be binding on OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. IfCONTRAcrOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties arc unable to agree as to the amount or extent thereol~ CONTRACTOR may make a claim therefor as provided in the General Conditions of the Construction Contract. A-I , , 10.6. REJECTING DKFECTIVE WORK ENGINEER will have authority to disapprove or rejcct Work which ENGINEER believcs to be defective, and will also have authority to require special inspection or testing of the Work as provided in the General Provisions of the construction Contract Document whether or not the work is fabricated, installed, or completed. 10.7. SHOP DRAWINGS, CHANGE ORDERS AND PAYMENT 10.7.1. The ENGINEER's responsibility for Shop Drawings and samples shall comply with the shop drawing provisions of the General Provisions of the construction Contract Document 10.7.2. The ENGINEER's responsibilitics for Change Orders shall comply with the change order provisions of the General Provisions of the construction Contract Document. 10.7.3. The ENGINEER's responsibilities for contractor's Application for Paymcnt shall comply with the payment provisions of the General Provisions of the construction Contract Document. 10.8. DRTKRMINATIONS FOR UNIT PRICES ENGINEER will determine the actual quantities and classifications of Unit Price Work pcrformed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rcndering a written recommendation thereon (by recommendation of an Application for Payment or otherwise) to OWNER. 10.9. DECISION ON DISPlJTES 10.'J.1. ENGINEER will be the initial interpreter of tbe requirements of the ContniCt Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under The General Conditions of the Construction Contract in respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph, which ENGINEER will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter shall be promptly reported and copied to the OWNER. 10.9.2. When functioning as interpreter under paragraphs 10.8 and 10.9.1, ENUIN EER 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.'J.I with respect to any such claim, dispute or other matter will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. 10.] O. LIMITATIONS ON ENGINEER'S RESPONSIBILITIES ] 0.1 0.1. Neither ENGINEER's authority to act under this Article or elsewhere in the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR, any Sub-contractor, any Supplier, or any other person or organi/.ation 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 adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import arc used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undel1ake responsihility contrary to the provisions of paragraph 4.5.3. A-2 j I EXIIIBIT 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 February 3, 2003 bctween 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 REPRESIi:NT A TIVE ENGINEER shall furnish a Resident Project Representative (RPR), assistants and other field staff to assist ENGINEER in obscrving performance of the work of Contractor. Through more extensive on~sitc observations of the work in progrcss and field checks of materials and equipment by the RPR and assistants, ENGINEER shall endeavor to providc further protection fix OWNER against defects and deficiencies in the work of CONTRACTOR; but, the furnishing of such services will not make ENGINEER responsible for or give ENGINEER control over construction means, mcthods, techniques, sequences or procedures or for safety precautions or programs, or responsibility for CONTRACTOR's failure to perform the Work in accordancc with the Contract Documents and in particular the spccific limitations set forth in section 8.5 of the Agreement are applicable. The duties and responsibilities of the RPR are limited to those of ENGINEER 111 this agreement and in the construction Contract Documents, and arc fmiher limited and described as follows: 11.1. GENIi:RAL RPR is ENGINEER's agent at the site, will act as directed by and undcr 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 thc direction of ENGINEER. 1 I .2. DUTIES AND RESPONSIBILITIES OF RPR 11.2.1. Schedules: Revicw the progress schedule, schcdule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. 11.2.2. Conference.~..._and Meetings: Attend mectings with CONTRACTOR, such as preconstruction conferences, progrcss meetings, job conferences and the project-related meetings, and prepare and circulate copies of minutes thcreof. 11.2.3. Liaison: 11.2.3.1.Serve as ENGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's supcrintendent and assist in understanding thc 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 thc Work. B-1 , , 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 samplcs which are furnished at the site by CONTRACTOR, and notify ENGINEER of availability of samples for examination. 11.2.4.3. Advise ENGINEER and CONTRACTOR of the eOllli11encement of any Work requiring Shop Drawing or sample if the submittal has not been approved by ENGINEER. [1.2.5. Review of Work, Reiec(LQn of Defective Work, Inspections and Tests: 11.2.5.1.Conduct on-site observations of the Work in progress to assist ENGINEER 1Il detemlining if the Work is in general proceeding in accordance with the Contract Documents. II.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. 11.2.5.4. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to ENGI NEER. 11.2.6. InterpretaJion of Contract Documents: Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER. 11.2.7. Modjfications: Consider and evaluate CONTRACTOR's suggestions for modifications 111 Drawings or Specifications and report with RPR's recommendations to ENGINEER. Transmit to CONTRACTOR decisions as issued by ENGINEER. 11.2.8. Records: 11.2.8.1.Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Conh-act Documents, progress reports, and other Project related documents. 11.2.8.2.Keep a detailed and accurate diary or log book, recording CONTRACTOR hours on the job site, weather conditions, prime and subcontractor daily work force, daily log of equipment onsite or on standby, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to ENGINEER. 13-2 I I 11.2.8.3.Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of materials and equipment. 11.2.9. Reports: 11.2.9.1.Furnish ENGINEER periodic reports as required of progress of the Work and of CONTRACTOR's compliance with the progress schedule and schedule of Shop Drawing and sample submittals. 11.2.9.2. Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. I 1.2.9.3. Draft proposed Change Orders and Work Directive Changes, obtaining backup material from CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes, and Field Orders. 11.2.9.4. Report inllilediately to ENGINEER and OWNER upon the occurrence of any accident. 11.2.10. Payment Requests: Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the sitc but not incorporated in the Work. 11.2.11. Certificates, Maintenanc",_.1!pd Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items aetually installed and in accordance with the Contract Documents, and havc this material delivercd to ENGINEER lor 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 corrcction of items noted under 11.2.12.1, advise ENGINEER on their status, and make recommcndation 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 corrccted. 11.2.12.4. Observe that all items on final list have becn completed or corrected and make rccOllUllendations to ENGINEER concerning final acceptancc. 11.3. LIMITATIONS OF AUTHORITY Resident Projcet Representative: 11.3.1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipments, unless authorized by ENGINEER. 11.3.2. Shall not exceed limitations of ENGINEER's authority as set forth In the Agreement or the Contract Documents. R-~ I f 11.3.3. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or CON'rRACTOR's superintendent. 11.3.4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, tcchniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 11.3.5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 11.3.6. Shall not accept Shop Drawing or sample submittals from anyone other than CONTRACTOR. 11-3.7. Shall not authorize OWNER to occupy the Project in whole or in part. 11.3.8. Shall not participate in specialized ficld or laboratory tests or inspections conducted by others except as specifically authorized by ENGINEER. B-4 j , EXHIBIT C SCOPE OF SERVICES FOR PROFESSIONAL ENGINEERING SERVICES FOR HYALlTE TRANSMISSION MAIN PROJECT Pre-Design Investigation Phase Data Collection - Obtain and compile data from City and County records regarding existing water infrastructure along the project corridor and associated easements. Survey - Establish vertical and horizontal control for the project. Conduct a survey to include topographic features in an approximate 100 foot wide swath along the existing pipe line corridor. Research and locate property corners that assist in defining the location of the existing easements or that may be disturbed in construction. Coordinate with utility companies regarding their infrastructure and survey the lines as located by the utilities. Identify and survey wetlands identified along the project corridor. Determine ownership of property impacted by the project. Prepare a base map for design purposes. Pipe Line Location Survey - Locate existing concrete pipe line utilizing ground penetrating radar and survey location in order to allow for installing permanent markers during the construction phase of the project. Water Rights and Water Demand Analysis - Review existing data regarding historical and future water demands for the City of Bozeman. Review existing and potential water rights. Analyze data and make recommendations for pipe line capacity for a 50 year period. Intake Structure Assessment - Review existing intake structure and dam. Evaluate potential intake structure configurations for a wide range of flow rates and conditions. Review potential flow monitoring alternatives for the intake structure. Analyze potential for automating controls and other features of the intake structure. Review potential options for a stream gauging station in Hyalite Creek. Existing Pipe Line Analysis - Prepare a hydraulic analysis of the existing pipe line over a wide range of flow rates to determine extent of the air entrainment problem and capacity of pipe line. Evaluate potential rehabilitation options and resulting pipe capacity. Review of operation and maintenance procedures for future pipe line operations. J ( , . Easement Evaluation - Review existing easements in terms of location and any restrictions regarding the proposed pipe line. Review easement location with respect to the pipe line location. Evaluate encroachments within the existing easements. Coordinate with City Staff relative to encroachments and any limitations regarding the use of the existing easements. Pipe Line Route Evaluation - Review options for re-routing the pipe line utilizing primarily existing rights of way. Briefly review route options that require new easements and evaluate impact on project time line. Evaluate impacts of the route options on the hydraulic characteristics of the pipe line. New Pipe Line Analysis - Evaluate potential new pipe line sizes in light of the results of the water demand analysis and the rehabilitation options for the existing pipe line. Perform a hydraulic analysis of the selected pipe line size at a wide range of flow values. Evaluate configuration alternatives for connecting the new pipe line to the water treatment plant. Review alternative pipe material options with respect to initial costs and long term costs. Recommend a corrosion evaluation program for the preliminary design phase. Evaluate alternatives for interconnections between the new and existing pipe line for operational flexibility. Environmental Permitting Review - Perform a wetlands delineation survey of the existing pipe line alignment and prepare a wetland delineation report. Evaluate wetland permitting requirements. Determine extent and scope of SPA 124 permits required through the Montana Department of Fish, Wildlife and Parks. Review existing USFS Special Use Permit and determine options for modifications. Coordination with Agencies - Begin discussions with the various agencies that have input on the potential configuration of the intake structure. This effort will be used to determine the feasibility of permitting of various options for the intake stru ctu re. Hydropower Analysis - Utilizing the information gained in the water demand evaluation and the pipe line sizing analysis determine the ranges of flow and head conditions available for a hydropower application. Review potential turbine options. Evaluate piping configuration options at the water treatment plant for implementation of a hydropower installation. Perform a cost/benefit evaluation for a hydropower installation. In-Line Storage Evaluation for Future Project - Review hydraulic impacts on utilizing an in-line storage pond on an existing 18- acre piece of city property immediately north of Mystic Heights Subdivision. Preliminary Opinion of Probable Costs - Prepare an opinion of probable cost for the project based on the three most favorable options evaluated. )" , . \ Project Coordination and Pre-Design Report - Coordinate project with City Staff and MMI staff throughout the duration of the pre-design phase. Make initial contact and coordinate with property owners impacted by project. Prepare a pre-design report summarizing the various task reports and project recommendations. Quality Assurance - Conduct internal quality assurance review of project approach and reports. r " . EXHIBIT D - Engineering Fee Estimate HYALlTE TRANSMISSION MAIN PROJECT - PRE - DESIGN PHASE SERVICES STAFF HOUR ESTIMATE TOTAL SUPERVISING SUPERVISING SENIOR SENIOR DESIGN STAFF SENIOR ENV. CADD SURVEY TASK HOURS PRINCIPAL ENGINEER II ENGINEER I ENGINEER II ENGINEER I ENGINEER II ENGINEER ENV. PROFESSIONAL DRAFTER CREW CLERICAL Pre-Design Data Collection Right of Way and Easements 16 4 8 4 Utility Information 6 2 4 Survey Horizontal Control 28 8 20 Vertical Control 16 8 8 Property Corner Location 32 12 20 Topographic 90 2 88 Utilities 4 4 Wetlands 26 2 24 Ownership Evaluation 24 8 8 8 Complete Mapping 56 16 40 Pipe Location Survey Ground Penetrating Radar and Survey 58 2 40 16 Water Rights and Water Demand Analysis Review Existing Data 24 24 Analyze Future Rights 8 8 Analyze Future Demands 12 12 Task Report 10 8 Intake Structure Assessment Review Existing Dam 4 4 Review Existing Intake 12 4 4 4 Evaluate Intake Alternatives 58 16 2 40 Flow Monitoring Alternatives 14 4 2 8 Automated Controls Review 14 4 2 8 Hyalite Stream Gauging Reviev. 4 4 Task Report 18 8 8 Existing Pipe Line Analysis Hydraulic Analysis 64 24 40 Re habi I itation Eval uation 32 8 24 o and M Review 6 2 4 Task Report 7 2 4 Easement Evaluation Review of Easement Language 8 8 Coordination with Pipe Location 8 8 Encroachment Evaluation 16 8 8 Coordination with City Legal 4 4 Task Report 5 2 2 Pipe Line Route Evaluation Review Options 10 2 8 Hydraulic Impacts 10 2 8 Task Report 6 1 4 New Pipe Line Analysis Pipe Line Sizing 6 2 4 Hydraulic Analysis 10 2 8 Connection to Plant 8 2 2 4 Pipe Material Review 4 2 2 Corrosion Evaluation Recc. 3 1 2 Existing and New Pipe Config. 6 2 4 Task Report 7 2 4 1 of 2 > . , , .. EXHIBIT D - Engineering Fee Estimate HYALlTE TRANSMISSION MAIN PROJECT - PRE - DESIGN PHASE SERVICES STAFF HOUR ESTIMATE TOTAL SUPERVISING SUPERVISING SENIOR SENIOR DESIGN STAFF SENIOR ENV. CADD SURVEY TASK HOURS PRINCIPAL ENGINEER II ENGINEER I ENGINEER II ENGINEER I ENGINEER II ENGINEER ENV. PROFESSIONAL DRAFTER CREW CLERICAL Environmental Permitting Review Wetland Delineation 54 2 52 Wetland Report 45 2 38 4 Fish Wildlife and Parks 6 4 2 Forest Service Special Use 6 4 2 Task Report 7 4 2 Coordination with Agencies FWPfUSFSIDNRCfMiddle Creek Users Association 96 32 16 40 8 Hydropower Analysis Flow Evaluation 20 8 4 8 Turbine Evaluation 10 2 8 Piping Configuration 7 1 2 4 Cost Analysis Report 9 4 4 In-Line Storage Evaluation for Future Project Review and Summary Report 12 4 8 Preliminary Cost Estimate 16 16 Intake Structure with Options 12 8 2 2 Pipe Line with Options 36 2 8 24 2 Project Coordination and Report Project Coordination 84 16 60 8 Final Pre-Design Report 32 8 8 8 4 4 Quality Assurance 64 8 16 40 SUBTOTAL OF STAFF HOURS REQUIRED 1270 145 18 114 252 232 90 40 4 98 64 176 37 HOURLY LABOR COST $120 $112 $98 $85 $78 $73 $63 $90 $65 $52 $100 $33 LABOR COST BY POSITION $17,400 $2,016 $11,172 $21,420 $18,096 $6,570 $2,520 $360 $6,370 $3,328 $17 ,600 $1,221 TOTAL LABOR: $108,073 EXPENSES COMMUNICATION & TECHNOLOGY CHARGES $3,810 GROUND PENETRATING RADAR EQUIPMENT RENTAL $1,500 SURVEY EQUIPMENT $3,240 (8 Days Total Station, 14 Day RTK GPS) MISCELLANEOUS EXPENSES 5% $5,404 TOTAL EXPENSES $13,954 TOTAL COST OF PHASE: $122,027 2 of 2 J , AMENDMENT NO.1 TO PROFESSIONAL SERVICES AGREEMENT FOR HY ALITE TRANSMISSION MAIN PROJECT MMI. No. 417.040 THIS IS AN AGREEMENT made as of August 25 ,2003, between THE CITY OF BOZEMAN, a Municipal Corporation, P.O. Box 1230, Bozeman, Montana, 59771-1230 (OWNER) and Morrison-Maierle, Inc., P.O. Box 1113, Bozeman, Montana, 59771- 1113 (ENGINEER). WHEREAS the parties previously entered into a Professional Services Agreement dated February 3,2003, herein referred to as the Original Agreement, for professional engineering services for the Hyalite Transmission Main Project; and WHEREAS, the scope of the Original Agreement included pre-design engineering services only; and WHEREAS, the parties desire to amend provisions of the Original Agreement to include design, permitting and construction engineering services for the project. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, the parties agree as follows: The conditions and provisions set forth in the attached EXHIBIT A (AMENDMENT NO.1) _ SCOPE OF SERVICES FOR PROFESSIONAL ENGINEERING SERVICES FOR HY ALITE TRANSMISSION MAIN PORJECT, DESIGN AND CONSTRUCTION PHASE, EXHIBIT B (AMENDMENT NO.1) - ENGINEERING FEE ESTIMATE (DESIGN), EXHIBIT C (AMENDMENT NO.1) - ENGINEERING FEE ESTIMATE (BIDDING AND CONSTRUCTION), EXHIBIT D (AMENDMENT NO.1) - ENGINEERING FEE ESTIMATE (USFS SPECIAL USE PERMIT) are hereby incorporated in and made part ofthis Agreement. Article 1 - En2ineerin2 Services Section 1.1 of the Original Agreement is replaced with the foIlowing: 1.1. The detailed description of the specific project components is described as follows: 1.1.1 Pre-Design Investigation Report A Pre-Design Investigation Report wiIl be completed to include the list of tasks identified in EXHIBIT C of the Original Agreement. 1 1.1.2 Preliminary and Final Design, USFS Special Use Permitting and Bidding and Construction Engineering Services Preliminary and Final Design, USFS Special Use Permitting and Bidding and Construction Engineering Services will be completed to include the list of tasks identified in attached EXHIBIT A. ARTICLE 4 - Basic Eneineerine Services Section 4.2.5 of the Original Agreement is replaced with the following: 4.2.5. Permits and Rights-of-Way: The ENGINEER shall obtain approved permits, licenses, and/or easement agreements from private landowners and any other agencies or entities requiring similar approvals prior to bidding. These approvals will be coordinated with the OWNER and will be made on easement and permit documents approved by the OWNER. Information and easement descriptions provided in the Basic Engineering Services will be based on data available from design surveys and courthouse records. The effort for 404 permitting activities through the Army Corp of Engineers is limited to obtaining a nationwide permit, if an individual permit is required additional effort will be required. The last sentence of Section 4.2 of the Original Agreement is replaced with the following: The Preliminary Design Phase will be completed and submitted within 210 calendar days following written authorization from OWNER to ENGINEER to proceed with that phase of services. The last sentence of Section 4.3 of the Original Agreement is replaced with the following: The Final Phase will be complete and submitted within 30 calendar days following written authorization from OWNER to ENGINEER to proceed with that phase of services. Section 4.8 is added to the Original Agreement as follows: 4.8 USFS Special Use Permitting The ENGINEER will coordinate with the United States Forest Service in obtaining a Special Use Permit for project activities on Forest Service property. Services will be provided to meet NEPA requirements for a categorical exclusion determination. The scope of services shall include preparing and distributing public notice of the project, preparing the environmental documentation, consulting with Forest Service staff and utilizing Forest Service staff on a contract basis as recommended by the Forest Service. Article 6 - Compensation For En2ineerine Service Article 6 of the original agreement is replaced with the following: 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 section 4.1 of this agreement pay a total sum in the amOlmt of $122,027.00 for such services and for Services under section 4.2 through 4.3 ofthis agreement pay a total sum in the amount of $316,906.00 for such services. 6.1.2 Payment Schedule. Total cumulative payments for the design phase engineering services (section 4.1 through 4.3) shall not exceed the following ceilings: 2 I , $122,027.00 (100 % of pre-design fee, Section 4.1) until the Pre-design Investigation has been submitted to the OWNER. $285,200.00 (90% of preliminary and fma1 design fee, Section 4.2 and 4.3) until the Preliminary Plans and Specifications have been submitted to the OWNER and review authorities. $301,000.00 (95% of preliminary and fmaI design fee, Section 4.2 and 4.3) until the Final Plans and Specifications have been submitted to the OWNER and review authorities. 6.1.3 General. Engineer shall submit monthly statements for services rendered. The statements shall be based upon Engineer's estimate ofthe proportion ofthe total services actually completed at the time of billing, subject to any limitations on Payments based on completion of tasks or specific retainage requirements pursuant to the payment provisions of the Agreement. 6.1.4 Reimbursable Expenses. Only those expenses specifically identified for payment under sections 6.2 and 6.3 ofthis Agreement are reimbursable with the exception of permit fees paid by the ENGINEER at the request of the OWNER. Reimbursement for permit fees shall be paid to the ENGINEER by the OWNER in the actual amount ofthe costs incurred up to an amount not to exceed $1,500.00. All other design 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. Bidding, 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: 6.2.1 The OWNER shall pay for Bidding Phase, Construction Phase and Project Documentation Services an amOlmt not to exceed $245,613.00 except as provided under 6.2.1.2 and 6.2.4. 6.2.1.1 Costs Compensation. Compensation for these services shall be based on the ENGINEER's Direct Labor Cost times a factor of 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 apparent that the Bidding Phase, Construction Phase and Project Documentation Services rendered lUlder this Agreement will exceed the negotiated compensation for these services, and prior to perfonning 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 lUlder paragraph 5.2.1, the ENGINEER is entitled to additional compensation, OWNER and ENGINEER may negotiate tenns as provided under 6.2.1.1. The amount and tenns 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 lUlder 5.2.1, when the total cost of the original scope Construction Phase and Project Docmnentation 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 amolUlt equal to the ENGINEER'S Direct Labor Cost times a factor of 2.6087 for services rendered which shall include Direct Labor, the federally audited payroll Direct Labor Overhead, and General & Administrative Overhead costs, but 3 . shall not include any allowance for profit. 6.2.2. Reimbursable Expenses, as defined in section 7.4 ofthis Agreement, for Basic Services and Approved Additional Services shall be paid to the ENGINEER by the OWNER in the actual amount of the costs incurred up to an amount not to exceed $20,253.00 which includes $1,500.00 for consultants employed by the Engineer and $18,753.00 for all other reimbursable expenses. The estimated reimbursable expenses are identified in Exhibit "C". 6.2.3. Failed Test Expenses. The ENGINEER shall maintain and provide to the OWNER, a record ofthe costs associated with failing quality control tests performed for thc OWNER during the course of the construction of the project and recommend an amount the OWNER deduct from the contractor( s) payments. 6.2.4 The OWNER shall pay an amount for Additional Services rendered by the ENGINEER and approved in writing by the OWNER on the basis of the ENGINEER'S Direct Labor Costs times a factor of 3.00, or an amount otherwise negotiated at the time such services are requested and approved by the OWNER. 6.3 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER FOR USFS SPECIAL USE PERMIT. USFS Special Use Permitting Services performed as Basic Engineering Services under section 4.8 shall be compensated in accordance with the following: 6.3.1 The OWNER shall pay for USFS Special Use Permitting Services an amount not to exceed $32,328.00 except as provided under 6.3.1.2 and 6.3.4. 6.3.1.1 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 6.3.2. 6.3.1.2 Notification. At any time during the permitting process that it becomes apparent that the USFS Special Use Permitting Services rendered under this Agreement will exceed the negotiated compensation for these services, and prior to performing services in excess of the contract ceiling, the ENGINEER shall give OWNER written notice thereof. Promptly thereafter OWNER and ENGINEER shall review the scope and progress of the project work. ENGINEER shall obtain written authorization from OWNER, prior to any additional costs being incurred tmderparagraph 6.3.1.3. 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 tmder 6.3.1.1. The amount and terms of any additional compensation under 6.3.1.1 or 6.3.1.3 shall be negotiated and agreed in writing pursuant to 9.16. 6.3.1.3 Costs Exceeding Estimated Compensation. Except as allowed tmder 5.2.1, when the total cost of the original scope ofUSFS Special Use Permitting Services exceeds the negotiated compensation for these services, the OWNER shall pay only for the direct costs incurred in excess of the estimated compensation. These costs consist of an amount equal to the ENGINEER'S Direct Labor Cost times a factor of 2.6087 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. 4 ~ . . , . 6.3.2. Reimbursable Expenses, as defined in section 7.4 of this Agreement, for Basic Services and Approved Additional Services shall be paid to the ENGINEER by the OWNER in the actual amount of the costs incurred up to an amount not to exceed $7,364.00 which includes $5,000.00 for consultants employed by the Engineer (USFS contracted services) and $2,364.00 for aU other reimbursable expenses. The estimated reimbursable expenses are identified in Exhibit "D". 6.3.3 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. Article 7 - Meanine of Terms Article 7.3 of the original agreement is replaced with the following: 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, including, but not limited to, engineers, architects, surveyors, designers, drafters, specification writers, estimators, other technical and business personnel; but does not include indirect payroll related costs or fringe benefits. For the purposes of this Agreement the principals and employees ofthe ENGINEER maximum billable Direct Labor Costs are: Principals $ 42.00 /hour Supervising Engineer II $ 39.33 /hour Supervising Engineer I $ 34.33 /hour Senior Engineer II $ 29.67 /hour Senior Engineer I $ 27.33 /hour Design Engineer II $ 25.67 /hour Design Engineer I $ 23.44 /hour Staff Engineer $ 22.00 /hour Senior Environmental Professional $ 30.00 /hour Environmental Professional $ 21.67 /hour Senior Technicians $ 18.33 /hour CADD Drafter $ 18.33 /hour Technicians $ 11.67 /hour Two Person Survey Crew $ 35.00 /hour Clerical $ 13.33 /hour 5 .~ i 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 MORRISON-MAIERLE, INC. , ) BY. --1-=:_-~-____ (City Manager) oS2-- Z (Vice-President) DATE: ~ \.:> ct l 'BJ 2 OCb ~ c'-- DATE: Auqust 25. 2003 ATTEST: BYC?~ Z ~ (Clerk of Commission) H:\0417\040\docs\CONTRACTS\final PSA Amendment #l.doc 6 " \ , EXHIBIT A (AMENDMENT NO.1) SCOPE OF SERVICES FOR PROFESSIONAL ENGINEERING SERVICES FOR HYALlTE 'TRANSMISSION MAIN PROJECT, DESIGN AND CONSTRUCTION PHASE Design Phase Survey -Conduct a survey to include topographic features along the alternate pipeline alignment route and perform additional surveying at the intake location. Prepare base map for design purposes. Utility Locates ~ Coordinate with utility companies regarding their infrastructure and survey the lines located by the utilities. Easements - Coordinate with landowners and prepare easements and construction easements for the new pipe line. Work with landowners in areas where existing easements are inaccurate in an attempt to correct said easements. Plan Preparation - Prepare plan and profile sheets at a 1 "=1 00' 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. Intake Structure - Design a new intake structure based on Alternate C as described in the pre-design report. In addition to the intake structure a small building to house mechanical equipment will be designed. The existing access road will be redesigned to provide better access to the site. Water Treatment Plant Connection Building - A small building will be designed to allow for the piping connection to the treatment plant. Consideration will be given for future piping needs including the Sourdough pipe line and possible hydropower plant connections. 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. DEO Plan Submittal - Submit plans to DEO for approval. Stormwater Discharge Permit - MPDES Permit Application - Prepare an erosion control plan and permit application for the project. DEO Turbidity Authorization Permit - Prepare a permit application in association with the required short term turbidity authorization permit for design and construction purposes. Wetlands Delineation - Delineate and survey wetlands along the alternate pipe line alignment. 404 Permitting - Prepare a wetlands delineation report and permit application for a nationwide 404 permit. I (": I ,. Gallatin County Floodplain Permit - Prepare and submit flood plain permit for Sourdough Creek crossing. Gallatin County Road Office - Prepare and submit encroachment permit to install pipe line in County rights of way. Montana Department of Transportation - Prepare and submit a utility occupancy permit. Northwestern Energy - Coordinate for the intake structure power source. Qwest Coordination - Coordinate with Qwest for potential telephone telemetry at the intake structure. Stream Protection Act (124) Permitting - Prepare a permit application in association with the required 124A permit. Middle Creek Users Association - Coordinate with the association regarding reconstruction of the ditch intake. Utility Company Coordination - Coordinate with gas, electrical and other private utility companies as required. Soil Borings - Conduct a geotechnical investigation to include approximately 15 borings along the project corridor and provide soil and groundwater depth information for use in the design and construction of the project. Provide foundation investigations for the intake building, intake structure and treatment plant connection building. Perform soil analysis to evaluate potential pipeline corrosion. This service will be provided by GMT Consultants of Missoula, Montana. Public Open House - Organize one public open house to advise affected property owners and the community about the project. Letters to property owners - Notification of property owners regarding project impacts and schedules. Preliminary Cost Estimate - Update the pre-design project cost estimate based on the preliminary design. 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 and Montana Department of Environmental Quality. 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. USFS Special Use Permitting Phase Coordinate with USFS personnel. Prepare public notice. Prepare NEPA Environmental Document using in-house and Forest Service contracted services. "'t ,.' I, 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. 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 contractor to utilize in construction of the facility. 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. EXHIBIT B (Amendment No.1) . Engineering Fee Estimate (Design) HYALITE TRANSMISSION MAIN PROJECT. DESIGN PHASE SERVICES STAFF HOUR ESTIMATE TOTAL SUPERVlS ING SUPERVISING SENIOR SENIOR SENIOR DESIGN STAFF SENIOR ENV. CADD SURVEY TASK HOURS PRINCIPAL ENGINEER II ENGINEER I ENGINEER II ENGINEER II ENGINEER I ENGINEER II ENGINE ER ENV. PROFESSIONAL DRAFTER CREW ClERlCAl Preliminary Design #- Survey Property Corner Location 12 4 8 Topographic 88 8 80 Ul;,ties 4 4 Complete Mapp;ng 40 16 24 Easements Correcl Existing Easements 56 24 20 12 New Easements 56 24 20 12 Conslruction Easements 64 40 24 20 la">cI:>wner Meelings 64 24 40 Coordination wi'" Staff 16 6 6 Intake Struetu,. Design Delailed Analysis of Existing Concrete 16 12 4 Refine I nlake All C 132 40 8 60 24 Hydraulic Desig n lOll 24 4 40 40 Slructural Des'lln 176 2 :lO 74 n Access Road Design 34 2 16 8 Pipe L1n. Design H,o-aulic Des'lln 96 16 40 40 Plan and Profile SheelS 226 20 40 88 SO Dela~s 144 20 40 40 40 Imake Building Building Layoul 16 8 StruchJral 74 8 :lB 28 Electrical 46 32 8 6 Mechanical 20 12 4 4 SCADA Opllons 24 4 6 Plant Con-necllon Building 8uilding Layout 80 16 24 12 Structural 74 8 36 25 Electrical 62 48 6 6 Mechanic.. 20 12 4 4 Piping Layout 156 II 24 40 56 28 Control System 36 4 6 12 4 ProJec1 Manual Technical Specificcrtions 112 4 24 20 16 24 24 Speclat Provis:ions 116 24 20 16 32 24 Cootrac! Documents 68 20 24 24 D EQ Su bmlllals Plan and Spectficatioo SubmittaJ 20 6 8 MPllES Pennit I Erosioo ConlrtN Plan 96 4 24 40 24 Turbidity Au(hoPizaUon Permil 48 12 4 20 4 We11a nd Perm Ittlng Wetland Delineation (AI! Route) 26 2 24 Wetland Report 31 2 24 4 Penni! Application 62 6 40 8 Coordination wi'" COE 16 4 12 10f3 EXH I BIT B (Amendment No.1) . E ng Ineen ng Fee Estlmale (Desi gn) HYAL1TE TRANSMISSION MAIN PROJECT. DESIGN PHASE SERVICES STAFF HOUR ESTIMATE TOTAL SU PERVlSING SUPERVISING SENIOR SEN lOR SENIOR DESIGN STAFF SENIOR ENV. CADD SURVEY TASK HOURS PRINCIPAL ENG IN EER II ENG IN EER I ENGINEER II ENGIN EER II ENGINEER I ENGIN EER II ENGINEER ENV. PROFESSIONAL DRAFTER CREW CLERICAL Coordlnation wjth Agencies ~ Gallatin CoooIy Flood Plain 17 4 8 4 Gallatin Couoty Road Office 21 6 4 6 MOT 17 4 6 4 -... Northwestern Energy 26 2 8 16 Owest 14 2 4 6 Fish Wildlife and Par\<s l 1 24A) 44 4 8 18 2 Middle Creek U sars Assodation 12 4 8 DNRC 4 4 Special Use Pennll Initial Meetings with U SFS 12 Prellml nary Cost Estlma1e Intake Slructure 44 8 6 12 12 2 Pipe Une 40 2 18 12 2 P1anl Connection 44 2 6 12 12 Su bmlllal Packa9lls City 01 Bozeman 8 2 2 2 DeSign Report Be 6 16 24 16 16 Public Relallons Property Owner Lellers 24 4 4 16 Public Open House 32 8 6 16 Correspondence and OuesliDos 60 24 40 16 Project Coordination Project CooofinaliDn 112 24 60 Quality Assurance 160 16 24 60 40 SUBTOTAL 0 F STAFF HOIJ RS R EOO IREO 3332 124 76 302 402 136 r.so 240 474 28 140 572 88 200 HOIJRL Y lABOR COST $126 $116 $103 $69 $69 S52 $77 $88 $65 SOS $55 $105 S35 lABOR COST BY POSITION 515.e24 $8.968 531.106 $35.778 $12,104 $%.100 118,_ 131,284 $2.380 59,100 $31,460 $9,240 $7.000 TOTAL LABOR: 125T .624 EXPENSES COMMUNICATION & TECHNOLOGY CHARGES $9,900 ARC HITECTURAL SUPPORT $2,500 AIR TRAVEL(M ECHANICAUELECTR ICAL) $300 GEOTECHNiCAl CONSULTANT $12.000 SURVEY EOOIPMENT $1.420 (4 Oays Total Station. 6 Oay RTK GPSI M I SCEllANEOIJ S EXPENSES 5% $12.661 TOTAL EXPENSES $39.097 TOTAL COST OF PHASE: $296.721 2013 EXHIBIT B (Amendment No.1) . EngIneering Fee Estimate {Design} HYALITE TRANSMISSION MAIN PROJECT. DESIGN PHASE SERVICES STAFF HOUR ESTIMATE ~ TOTAL SU PERVl SING SUPERVlSING SEN lOR SENIOR SENIOR DESIGN STAFF SENIOR ENV, CADD SURVEY TASK HOURS PRINCIPAL ENGINEER II ENGIN EER I ENGINEER II ENGINEER II ENG IN EER I ENGIN EER II ENGIN EER ENV. PROFESSIONAL DRAFTER CREW CLERICAL Final Plan ModilicabO.. 164 4 12 4 24 80 40 . Design Project M....... Mooifieations 6!l 2 B 2 16 24 16 Quality Aos...nce 24 a 16 ~~ SliBTOT AI. OF STAFF HOlJ R 5 REOli I RED 25ll B 22 20 6 40 104 40 16 HOliRL Y lABOR COST $126 $116 $103 $Il9 $89 $62 SIT $66 $66 $65 $55 $105 $35 LABOR COST BY POSITION $1.008 $2,265 $1.780 $S34 $3,280 $6.564 $2,200 $S60 .. TOTALLABQR, $18,492 EXPENSES COMMliNICATION & TECHNOLOGY CKARGES $76B SUBCON SliU ANTS SURVEY EQlilPMENT MISCELLANEOUS EXPENSES 5% $925 TOT AI. EXPENSE S $1.693 TOT AI. COST OF PHASE: $20.185 TOTAL DESIGN PHASE SERVlCES $316,908 , "" - "" . - 30f3 - ... EXHIBIT C (Amendment No. 1)- Engineering Fee Estimate (Bidding and Construction) HY ALITE TRANSMISSION MAIN PROJECT - CONSTRUCTION PHASE SERVICES .. STAff HOIlR ESTIMATE 'lo- TOTAL SIIPE RVISING SIIPE RVISING SENIOR SENIOR SENIOR OE SIGN STAFF SE N lOR ENV. CACD SIIRVEY TASK HOURS PRIN C I PAL E NG INE ER II ENGINEE R I EN GINEER II ENGIN EER II E NGINEE R I EN GIN EER II ENGINEE R ENV. PROFES S I ONAL CRAFTE R CREW CLE RICAL 1& Bidding Advet1ising 2 2 I'I\ase Bill Documents 16 15 Questions arld Coordination 22 2 4 4 4 8 Pre-Bill MeeUng 20 4 8 8 Addendums 10 2 2 2 4 Bill Openiog 4 2 2 Bid Analysis 18 2 4 8 4 Cootract Award. Bond, aM Il1Suranee 14 4 8 2 Qualily Assurance 2 2 SUBTOTAL OF STAFF HOIlR S REQUIRED 108 2 14 25 6 35 22 HOURLY LABOR COST $126 $118 $103 $89 $89 $52 $77 $55 $85 $65 $55 $105 $35 LABOR COST BY POSmON $252 $1,442 $2.314 $534 $3.116 $770 TOTAL LABOR: $8,428 TOTAL EXPENSES $650 (See -summary sheet of rembursable consl.ructioo 8I1d bidding phase expenses. breakdO'lM'l between biddlrlg aoo construction esti~aled.} TOTAL COST OF PHASE: $9.278 Construction Observation (150 wor1<ing da\'S) 1860 16 40 180 24 400 1200 Phase Construction Stal<iog 120 8 16 15 80 Shop O....ng Review 120 4 4 16 16 16 20 40 4 Coordinalion 96 16 80 Adminislratlon 368 16 16 120 16 120 50 Recon:l O",..;ngs 136 2 8 2 32 40 45 4 Warranty Inspecbon 48 4 16 8 8 8 4 Quality Assurance 80 16 24 40 SUBTOTAL OF S T A FF HOURS REQ\JIREO 2828 68 28 118 428 66 580 16 1288 64 50 92 HOURLY LABOR COST $125 $118 $lD3 $89 $89 $82 $77 $66 $85 S65 $55 $105 $'-5 LABOR COST BY POSITION $8.568 $3.304 $12.154 $31,092 '5,174 $47,550 $1,232 $15,001 $3.520 $8.400 $3,220 TOTAL lABOR: 1216.932 TOTAL EXPEN SES $19,403 {See summary shee! or reimbursable construction aoo- blddirlg pllase expet'1ses I breakclD'M1 between bidding and oonslrucUan eslimated.) TOTAL COST OF ?HAS E: I2Jl1, JJ5 TOTAL CONSTRUCTION PHASE SERVICES $245,613 -- - " ~ . - , .. l<t . Exhibit "C" (Amendment No.1) Engineering Fee Estimate (Bidding and Construction) ,. ~.... '" I Estimate of Biddinq and Construction Phase Services Reimbursable Expenses Technology and Communications Charge $3.00/hour x 2,936 hrs (Computers, phones, faxes and plotting.) Automobile $0.67 x 4,000 miles Automobile Rental $70 x 2 days Air Fare $300 x 2 trips Architectural Consultant Copies $0.10 x 6,000 copies Blueline Prints $0.10 x 6,000 sf Nuclear Densometer $650/month x 4 months Total Station $55 x 5 days GPS/RTK $200 x 5 days Miscellaneous, Postaqe. Shippinq, Etc. Total ::: $8,808 ::: 2,680 ::: 140 ::: 600 ::: 1,500 ::: 600 ::: 600 ::: 2,600 ::: 225 ::: 1,000 ::: 1,500 =$20,253 .. EXHIBIT 0 lArnendment No. It . Englnee-rlng Fee Esllmate (USFS Special Use Pennlt} HYALITE TRANSMISSION MAIN PROJECT. USFS SPECIAL USE PERMIT ., STAFF HOUR ESTlMA TE ..,.. TOTA!. SUPERVISING SUPERVISING SENIOR SENfOR SENIOR DESIGN STAFF SENIOR ENV. CACO SURVEY TASK HOURS PRINCIP A!. ENGINEER II ENGINEER I ENGINEER II ENGINEE R II ENGINEER I ENGINEER II ENG INEER ENY, PROFESSIONAL DRAFTER CREW CLERICAL USFS SPECIAL USE PERMIT . Public Notice 14 12 2 E nvironmertal Document Preparation 276 8 240 16 12 Coorail1atioo wilh USFS 50 2 15 ~2 Task Coordination 18 2 8 5 Quality Assuraoce 14 2 4 B SUBTOTAl. OF STAFF HOURS RE QUI REO ~72 4 0 0 22 0 16 0 0 16 284 16 0 \4 HOURLY LABOR COST $125 $116 5100 589 $69 562 $77 $66 5BS $66 $55 $105 53S LABOR COST BY POSITION 5504 $0 $0 51.958 10 $1,312 10 $0 51,380 511.480 $BBll 10 $4SO TOT AI. lABOR: $24,964 EXPENSES CQMMUNICA TION & TECHNOLOGY CHARGES $1.116 USFS OIRECT CHARGES $5.000 (Estimate< by USF SJ MISCEllANEOUS EXPENSES 5% $1.248 TOT A!. EXPENSES $7.384 , TOT A!. COST OF PHASE: $32,328 .. - -+ 'I 1 -, J. (: (,. ;-f AMENDMENT NO.2 TO PROFESSIONAL SERVICES AGREEMENT FOR HY ALITE TRANSMISSION MAIN PROJECT MMI. No. 417.040 THIS IS AN AGREEMENT made as of May 16 ,2005, between THE CITY OF BOZEMAN, a Municipal Corporation, P.O. Box 1230, Bozeman, Montana, 59771-1230 (OWNER) and Morrison-Maierle, Inc., P.O. Box 1113, Bozeman, Montana, 59771- 1113 (ENGINEER). WHEREAS the parties previously entered into a Professional Services Agreement dated February 3, 2003, including Amendment No.1 dated August 25, 2003, herein referred to as the Original Agreement, for professional engineering services for the Hyalite Transmission Main Proj ect; and WHEREAS, the Original Agreement as amended presumed a construction time period in the year 2004; and WHEREAS, the parties desire to amend provisions of the Original Agreement to include additional services outside of the scope of the original project. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, the parties agree as follows: The conditions and provisions set forth in the attached EXHIBIT C-l (AMENDMENT NO.2) - ENGINEERING FEE ESTIMATE (BIDDING AND CONSTRUCTION) are hereby incorporated in and made part of this Agreement. Article 1 - Eneineerim! Services Section 1.1.3 is addcd as follows: 1.1.3 Additional Services . Preparation of a weed plan in support of obtaining a Gallatin County Encroachmcnt Pcnnit. . Develop DVD video to be utilized for use in bidding project and to provide a record of existing conditions along the project alignment. . Detailed property boundary research regarding the boundary betwccn the Water Treatment Plant the adjacent owner to the south. 1 ... f1i; Article 6 - Compensation For ED1!:ineerine Service Article 6 .1.5 is added to original agreement as follows: 6.1.5 LUMP SUM AGREEMENT FOR ADDITIONAL SERVICES IDENTIFIED IN SECTION 1. 1.3 . 6.1.5.1 Payment. The OWNER shall for design phase services performed as services under section 1.1.3 ofthis agreement pay a total sum in the amount of $7,740.00 for such services. Article 6 .2 of the original agreement is replaced as follows: 6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER. Bidding, construction and projcct documentation serviccs performed as Basic Engineering Services under sections 4.4 through 4.7 including General Administration of Construction Contract, Resident Project Representation, Project Documentation, and ConstTllction Testing, shall be compensated in accordance with the following: 6.2.1 The OWNER shall pay for Bidding Phase, Construction Phase and Project Documentation Scrvices an amount not to exceed $266,210.00 exccpt as provided lmdcr 6.2.1.2 and 6.2.4. 6.2.1.1 Costs Compensation. Compensation for these serviccs shall be based on the ENGINEER's Dircct Labor Cost times a factor of 3.00 for services rendered which shall cover Direct Labor, Direct Labor Ovcrhead, Gcncral & Administrativc Ovcrhead and Profit, plus reimbursable cxpenses as provided in 6.2.2. 6.2.1.2 Notification. At any time during the construction that it becomes apparent that the Bidding Phasc, Construction Phase and Project Documcntation Services rendercd under this Agrecment will exceed the negotiated compensation for these services, and prior to performing services in cxcess of the contract ceiling, the ENGINEER shall give OWNER written notice thereof. Promptly thereafter OWNER and ENGINEER shall review the scope and progress of the project work. ENGINEER shall obtain written authorization trom 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 compcnsation, OWNER and ENGINEER may negotiate terms as provided under 6.2.1.1. The amount and ternlS 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 ofthc original scope Bidding Phase, Construction Phase and Project Documentation Services exceeds the negotiated compensation for these services, the OWNER shall pay only for the direct costs incurred in excess of the estimated compensation. These costs consist of an amount equal to the ENGINEER'S Direct Labor Cost times a factor of 2.6087 for services rendered which shall include Direct Labor, the federally audited payroll Direct Labor Overhcad, and General & Administrative Overhcad costs, but shall not include any allowancc for profit. 6.2.2. Reimbursable Expenscs, as defined in section 7.4 of this Agreement, for Basic Services and Approved Additional Services shall be paid to the ENGINEER by the OWNER in the actual amount of the costs incurrcd up to an amount not to excecd $30,296.00 which includes $10,075.00 for consultants employed by thc Engineer and $20,221.00 for all other rcimbursab1e expenses. The estimated reimbursable expenses are identified in Exhibit "C_I ". 2 ..~ .I. ~' ~ ,-.; 6.2.3. Failed Test Expenses. The ENGINEER shall maintain and provide to the OWNER, a record ofthe costs associated with failing quality control tests performed for the OWNER during the course of the construction of the project and recommend an amount the OWNER deduct from the contractor(s) payments. 6.2.4 The OWNER shall pay an amount for Additional Services rendered by the ENGINEER and approvcd in writing by the OWNER on the basis of the ENGINEER'S Direct Labor Costs times a factor of 3.00, or an amount othcrwise negotiated at the time such services arc requested and approved by the OWNER. Article 7.3 ofthc original agreement is replaced as follows: 7.3 DIRECT LABOR COSTS Direct Labor Costs used as a basis for payment mean thc actual salarics and wages paid to all ENGINEER's personnel engaged directly on the Project, including, but not limited to, engineers, architccts, surveyors, designers, drafters, specification writers, estimators, other technical and business personnel; but does not include indirect payroll related costs or fringe benefits. For the purposes of this Agreement the principals and employees ofthe ENGINEER maximum billablc Direct Labor Costs are: Principals Supervising Engineer II Supervising Engineer I Senior Engineer II Senior Engineer I Design Engineer II Design Engineer I Staff Engineer Senior Environmental Professional Environmental Professional Senior Technicians CADD Drafter Technicians Two Pcrson Survey Crew Clerical $ 46.00 Ihour $ 40.33 Ihour $ 36.00 Ihour $ 33.00 Ihour $ 28.00 Ihour $ 27 .67 Ihour $ 25.67 /hour $ 22.67 /hour $ 30.00 Ihour $ 21.67 /hour $ 21.00 Ihour $ 19.33 Ihour $ 14.00 /hour $ 35.00 Ihour $ 13.33 /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. 3 10. 't:. " In witness whereof, the Parties hereto do make and execute this Agreement. CITY OF BOZEMAN, MONT ANA By:C~A~ (City Manager) DATE: May 16. 2005 ATTEST: BY~/~ (Clerk of Commission) H:I04171040IdocsICONTRACTSIPSA Amendment #2.doc MORRISON-MAIERI./E, INC. ? (<- (Vice-President) DATE: /lia Y /0, cf2{)O':f:J-/-. I I 4 , .~. TASK B iddin g Pha S9 SUBTOTAL OF STAFF HOI,}RS REQUIRED HOURLY LABOR COST LA80 R COST BY POS1TION TOTAL LAB OR: TOTAL EXPENSES TOTAL COST OF PHASE: Con s1ru ctio n Phase SUBTOTAL OF STAFF HOURS REOUIRED HOu R L Y LAB OR COST L.....SOR COST BY POSITION TOT AL LABOR: TOT AL EXPENSES TOTAL COST OF PHASE: TOTAL CON ST RUCT I ON PHASE SERVICE S Ad.... ertising Bid Doc'LJ:'1lents Qu estio::: ns an6 Coc-rd inatio n Pre-Bid Meeti ng Addendums Bid Opt! n ing 8 id An al'~s is Contract Award, Bands and lnsLi:r.a!lce Qual ity Assu ran ce EXHIBIT C.1 (Amendment No.2) . Engineering Fee Estimate (Bidding and Construction) HY ALITE TRANSMISSION MAlN PROJ ECT - CONSTRUCTION PHASE SERVICES ~ STAFF HOUR EST I MATE ... .... TOTAL HOURS SU PE RV I SIN G SUP E RVI SIN G PRI NCIP A!. ENG I NEE R II EN GINEE R I SENIOR SENIOR SENIOR DESIGN STAFF SENIOR ENGINEER II ENGINEER II ENGINEER I ENGINEER II ENGINEER ENV. 2 ENV. CADD SURVEY PROF E SSION AL DRAFT E R CR EW C LE RICA!. 2 16 22 20 W . lfi I' 2 108 16 2 14 $108 $1.512 2 $138 $276 20 S99 $2,574 6 $99 $594 3B SB3 $3,15' 22 S37 $814 $121 $83 saB $85 S65 $58 S1D5 $8,924 $850 (See summaI)' sheet of reimtJUls.atJle cons~ruc1icn and bidding- phase expens.es, breakdown betv.-een biddlllg aoo constl1.Jction €-slimated.} $9,714 o bserY'atio n ( 150 worki:lg days) 1B60 15 40 180 24 400 1200 Construction S~ak ing 120 8 10 15 80 S ho p- Dra.v....iflg Review 12~ 4 16 16 16 20 40 Coord ij,atio n 95 1" 80 Ad m inistr.ation 36.8 16 t6 120 16 120 80 Reco rd 0 ra.....'r.g;s 136 2 8 2 32 40 '8 4 ....Varran~' fnspe<::tion 48 4 16 8 8 3 4 a u a lit}' Assur.aflce 80 1" 2' 40 2828 68 2B 118 428 56 580 11; 1288 64 80 92 5138 5121 $108 $99 $99 $83 SB3 $68 S85 $65 S-5B $105 $37 $9.384 $3,333 $12,744 S42, 3 72 $6,534 S48,14D $1,323 S81,5-84 $3,712 S8,'00 $ 3.40. $226.990 $29.446 {See 5'Jm m arv 5 !lee! of reim b UfS ab Ie con stru cti::m ar.:d bidding phas e expenses, b,eakdo'N<) betv.\f!en bidd ing and collstrtJ-cCio n estimated.} $256,435 S266.210 .I' .. .Jt,. -( WI! -,. , Exhibit "C-1" (Amendment No.2) Engineering Fee Estimate (Bidding and Construction) Estimate of BiddinQ and Construction Phase Services Reimbursable Expenses Technology and Communications Charge $3.50/hour x 2,936 hrs ;;; $10,276 (Computers, phones, faxes and plotting.) Automobile $0.67 x 4,000 miles ;;; 2,680 Automobile Rental $70 x 2 days ;;; 140 Air Fare $300 x 2 trips ;;; 600 Architectural Consultant :;;; 1,575 Corrosion Control Consultant ;;; 8,500 Copies $0.10 x 6,000 copies ::;; 600 Blueline Prints $0.10 x 6,000 sf :;;; 600 Nuclear Densometer $650/month x 4 months ;;; 2,600 Total Station $55 x 5 days ::;; 225 GPS/RTK $200 x 5 days ;;; 1,000 Miscellaneous, Postaqe, Shippinq, Etc. :;;; 1.500 Total =$30,296 AMENDMENT NO.3 TO PROFESSIONAL SERVICES AGREEMENT FOR HY ALITE TRANSMISSION MAIN PROJECT MMI. No 417.040 THIS IS AN AGREEMENT made as of 6 ~ ,2006, between THE CITY OF BOZEMAN, a Municipal Corporation, P.O. Box 1230, Bozeman, Montana, 59771-1230 (OWNER) and Morrison-Malerle, Inc., P.O. Box 1113, Bozeman, Montana, 59771- 1113 (ENGINEER). WHEREAS the parties previously entered into a Professional Services Agreement dated February 3,2003, including Amendment No.1 dated August 25,2003 and Amendment No.2 dated May 16, 2005, herein referred to as the Original Agreement, for professional engineering services for the Hyalite Transmission Main Project; and WHEREAS, the Original Agreement as amended presumed a construction time period of 210 days and the actual construction time period is anticipated to be approximately 305 days; and WHEREAS, the parties desire to amend provisions of the Original Agreement to mclude additional budget to allow for adequate construction engineering services. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, the parties agree as follows: The conditions and provisions set forth in the attached EXHIBIT C-2 (AMENDMENT NO.3) - ENGINEERING FEE ESTIMATE (BIDDING AND CONSTRUCTION) are hereby mcorporated in and made part of thiS Agreement. Article 6 - Compensation For Ensdneerine Service Article 6 .2 of the ongmal agreement IS replaced as follows: 6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER. Biddmg, constructIon and project documentatlOn servIces performed as BasIc Engmeerlng Services under sectIons 4 4 through 4.7 mcludmg General AdmirustratlOn of ConstructIon Contract, ReSIdent Project RepresentatIon, Project DocumentatIon, and Construction Testmg, shall be compensated m accordance With the following: 6.2.1 The OWNER shall pay for BIddmg Phase, Construction Phase and ProJect DocumentatIon ,. 1 Servlces an amount not to exceed $356,933.00 except as provided under 6.2.1.2 and 6.24. 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 wluch shall cover Direct Labor, DIrect Labor Overhead, General & Administrative Overhead and Profit, plus reunbursabIe expenses as provided in 6.2.2. 6.2.1.2 NotificatIon. At any tune during the constructlOn that It becomes apparent that the Blddmg Phase, Construction Phase and Project Documentation Services rendered under tlus Agreement will exceed the negotIated compensation for these services, and prior to perfonnmg services in excess of the contract ceiling, the ENGINEER shall give OWNER written notice thereof. Promptly thereafter OWNER and ENGINEER shall revIew the scope and progress of the project work. ENGINEER shall obtain written authonzation from OWNER, prior to any additional costs bemg mcurred under paragraph 6.2.1.3. Ifitis 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 tenns of any additional compensation under 6.2.1.1 or 6.2.1.3 shall be negooated 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 Blddmg Phase, Construction Phase and Project Docwnentabon Services exceeds the negobated compensation for these servIces, the OWNER shall pay only for the direct costs incurred m excess of the estimated compensatIon. These costs COnsIst of an amount equal to the ENGINEER'S Direct Labor Cost times a factor of 2.6087 for services rendered wluch shall mclude DIrect Labor, the federally audited payroll Direct Labor Overhead, and General & Adnnmstrabve Overhead costs, but shaU not include any allowance for profit. 6.2.2 Reimbursable Expenses, as defined in sectIon 7.4 of this Agreement, for BaSIC ServIces and Approved AddItIonal Services shall be paId to the ENGINEER by the OWNER in the actual amount of the costs incurred up to an amount not to exceed $50,047.00 which includes $21,575.00 for consultants employed by the Engineer and $28,472.00 for all other reImbursable expenses. The estimated reimbursable expenses are identified in Exhibit "C-2". 6.2.3. Failed Test Expenses. The ENGINEER shall rnaintam and provide to the OWNER, a record of the costs associated with failmg quahty control tests performed for the OWNER dunng the course of the construction of the project and recommend an amount the OWNER deduct from the contractor(s) payments. 6.2.4 The OWNER shall pay an amount for Additional ServIces rendered by the ENGINEER and approved 10 writing by the OWNER on the baSIS of the ENGINEER'S Duect Labor Costs trmes a factor of 3.00, or an amount otherwise negotIated at the time such servIces are requested and approved by the OWNER. ArtIcle 7.3 of the ongmal agreement is replaced as follows. 7.3 DIRECT LABOR COSTS Direct Labor Costs used as a basis for payment mean the actual salanes and wages paid to aU ENGINEER's personnel engaged directly on the Project, 1Ocluding, but not IlITllted to, engmeers, arclutects, surveyors, designers, drafters, speclficabon writers, estlmators, other techrucal and busmess personnel, but does not mclude mdlrect payroll related costs or fringe benefits. For the purposes of this Agreement the principals and employees of the ENGINEERmaxunwn billable Duect Labor Costs are' 2 Pnnclpals $ 54.00 /hour Supervising Engmeer III $ 44.00 /hour Supervismg Engineer II $ 41.00 /hour Supemsing Engineer I $ 37.00 /hour Senior Engmeer II $ 34.00 /hour Seruor Engmeer I $ 31.00 /hour Design Engineer II $ 29.00 /hour Design Engineer I $ 25.00 /hour Staff Engineer $ 23.00 /hour Senior Envlfonrnenta1 ProfessIOnal $ 32.00 /hour Envrronmenta1 ProfessIOnal $ 26.00 /hour Engineer Intern $ 22.00 /hour Semor Survey Manager $ 40.00 /hour Land Surveyor I $ 23 00 /hour Survey Techmclan'" $ 16.00 /hour Semor Technicians oil $ 24.00 /hour CADD Drafter'" $ 20.00 /hour Technicians ... $ 14.00 /hour Two Person Survey Crew'" $ 40.00 /hour Clerical'" $ 16.00 /hour ... Non professional classrlied employees subject to tune and one-half over tIme rates. 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. ill witness whereof, the Parties hereto do make and execute this Agreement. CITY OF BOZEMAN, MONTANA MORRISONwMAIERLE, INC. BY: cQ;W.,JI. ~ (City Manager) b tJ()J 'Z.oo~ c"- DATE: DATE: rJ:) Ct-+ O(p ,~ A TT~'''... ...:,. .3:;> ~~ BY: .. '. -- ..,. >~~l.~ H:\0417\040\docsICONTRACTS\PSA Amendment #3.doc 3 EXHBlT C-2 (M-dl._", No.3j- E1~ Fee Estimate (BIdding and ConstructIon) HYAlJTE TRANSMISSION MAJII PROJECT - CONSTRUCTION PHASE SERVICES STAff HOlIi'l ESTIIlIL*. TE 1 ASI\ lOT AI. SU'ER'I'ISItG SU'E R'f'I!lH3 SEIKlR SEMOR SBIIOR 0ESIGIl ST AFT SEMOR EHV CADD StIRVEY IIOURS ~AL ENGIItEER I ~! ENGIIEER I ~. EHSM'%R I ~ I ENGIItEER EItY PROFE.SSICINAL DRAFTER CREW CLERICAL -.g ~ 2 2 Phose B<l Doa.meols 16 16 ~an:!~ 22 2 . . . a Pre-BId -.g 2Q 4 B a ~ 10 2 2 2 . B<l 0per-iRg 4 2 2 BId .......,.... 1B 2 . a . Con'nct _, _..-.:1-""" 14 . a 2 <A-,~ 2 2 SUBlOlAL OF STAFF HOURS ~ 10ll 2 14 2lI e 3a 22 I-D.RL Y LABOR COST SI3a $121 $loe $99 $Illl $a:3 S83 $lIll $115 S65 $58 $ HIS $37 LAIICIl COST BY POSI"I1()N S27I $1,512 U,574 S5'M $3,154 $114 lOT AL LAIlOR: $&,124 101 AL EXPEJlSES $850 !See ___ot_~_bI:IcIng 1'i'I!l!Ie-. _ -'1lilIdIog _ <:<ll'lSh>cIoo -.l OT AL COST OF PHofISE: __174 ~ (:lOll -.g cm,s) 235ICI 24 eo 270 36 roo 14o:l - Conolnd:ln SIokIoll 120 a Ie 18 eo Shop o.-.v- 1&1 4 4 f6 110 f6 20 40 4 ~ 144 24 120 ~ 552 24 24 1110 24 ISO 120 - DtoMIgs 136 2 a 2 :l2 40 .. 4 WamnIy IIospecbl 48 . 16 8 8 a 4 0uIIIl\' ........-.:e 110 '\6 24 40 SUIlTOl AI. 01' ST AFT HOURS REOUI'lEIl 3654 Q2 2lI we 682 S6 S4Q 16 1_ M EIO 132 f-IOURl. Y l.AOCIl COST $138 S121 SlOB $99 $99 S83 S83 S6ll $85 $S:5 $58 S106 W lABOR COST BY POS FTlCfl $12,- sua $15,_ $a7 .511 Sl.514 _,no $1.321 $111.1114 $3.712 $1._ $4.IN -roT AI. L'JlClR; S2S7.112 TOT AI. ElO'E!C!IES S50.(){7 (See~_ot~.....- an:! ~ """"" -=s' _ -.., ~ - ~_l ror AI. COST Of PHASE: $M1,151 lOT AI. COM SlIlUCT10II PHASlO SE RVICES S358.'33 Exhibit "C-2" (Amendment No.3) Engineering Fee Estimate (Bidding and Construction) Estimate of BiddinQ and Construction Phase Services Reimbursable Expenses Technology and Communications Charge $3.50/hour x 3,762 hrs :::; $13,167 (Computers, phones, faxes and plotting.) Automobile $0.67 x 12,000 miles :::; 8,040 Automobile Rental $70 x 2 days :::; 140 Air Fare $300 x 2 trips :::; 600 Architectural Consultant :::; 1,575 Corrosion Control Consultant :::; 20,000 Copies $0.10 x 6,000 copies :::; 600 Blueline Prints $0.10 x 6,000 sf :::; 600 Nuclear Densometer $650/month x 4 months :::; 2,600 Total Station $55 x 5 days :::; 225 GPS/RTK $200 x 5 days :::; 1,000 Miscellaneous. Postaae. Shiooina. Etc. :::; 1.500 Total =$50,047 ;,'~.,.... . CHANGE ORDER DATE OF ISSUANCE November 16. 2006 Owner City of Bozeman. MT Contract Duraton Road ImDrovements. City of Bozeman ProJect: Schedules 1. 2. 3. 4. & 5 ENGINEER Morrlson-Malerle. Inc, No. TWO (2) EFFECTIVE DATE b~~bl!r 4-1 2.00' CONTRACTOR John!fon-WUSon Constructors OWNER's Contract No. ENGINEER's Contract No. 0417.035.04 You are duected to make the following changes in the Contract Documents: Description: Addittonal N. 19th Ave./Durston Road sIgnal work and intersection road Improvements on the east approach of the mtersectIOn. Reason for Change Order: The additional sIgnal and intersectIOn Improvements are necessary to coordinate this pr9Ject WIth the new Durston Road Improvements bemg concurrently constructed under separate contract east ofN. 19 Ave. Attachments: (List documents supporting change): 1. Change Order No.2 Cost Summary CHANGE IN CONTRACT PRICE: Origmal Contract Price $ 4.310.068.69 Net Decrease from previous Change Orders: $ 30.352.85 Contract Price prior to this Change Order: $ 4.279.715.84 Net Increase of this Change Order: $ 94.857.48 Contract Price with all approved Change Orders: $ 4.374.573.32 CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completton: 210 days Ready for final payment: 240 days Net change from previous Change Orders: Substantial Completion: o days Ready for final payment: o dayS Contract Times prior to this Change Order: Substantial Completton: 210 dayS Ready for fmal payment: 240 days Net increase thIS Change Order: Substantial Completion: 7 dayS Ready for final payment: 7 days Contract Times with all approved Change Orders: Substanttal Completion: 217 days Ready for final payment: 247 daYS Contractor certifies and agrees that there are no additIonal costs or claims for extra work, additional time, delays or omitted items, of any nature whatsoever, associated with the subject change order items, except as identtfied and set forth herein and unless expressly stated otherwise in the Change Order. And further, that the pnce agreed-upon herem represents the full cost and value for the subject work performed and the matenals supplIed under the terms of the a t and t e work quantities and value were properly determined and are correct. 11""/0' Date RECOMMENDED BY: ~VEDj3~: I t\ ^ ~ \ ;!'~AW- 1/-11-" c II~ ~. 11-1)4 (E)Q"a~' - SIgnature) ate R (Auth . zed Signature) Date! EJCDC 1910-8-B (1996 EdItion) Prepared by the Engineers Joint Contract Documents Connmttee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. H:\0417\035-04\Documuntll\ChlIngu Ordltni & WCD\Ctwnge Order #2 Docs & TrllnS.doc .* .' CITY OF BOZEMAN DURSTON ROAD IMPROVEMENTS PROJECT _:zooe prt;l:j. No. [w'17.~.<M CHANGE ORDER NO.2 COST SUMMARY , I "I "")' I " .1,1,""1 ' , , . " ";"';coat ,,:':""''':1 ,~NO:"" "", e,,";'':,'11 ' ' Schedule 4 N_ 3-A-80008 Signal & Lumlnalre N. 19th signal and Intersection Improvementa 1 on the east side of 19th added to this contract S 18837 M - to COOfdll\9te the east side Dureton Road . Schedule 4 TOjnoll & Sndlng project ImprovlIITlents lInd for which no unit 2 pricea weill bid. $ 2 1188.30 3 Schedule 4 !xlatlng A.phalt R.moYIII & DIa~.1 $ 5,437.33 4 Schedule 4 Sub Excawtlon $ 11,364.20 5 Schedule 4 ~tulla (110O SV C I3ISY) $ 1,1100.00 6 Schttdule 4 Uncruahed a..e N. HI!h lIl11nllllmprovlIm.,nt Il8tId8d for !hit now $ 3,8ll4.81 7 Schttdule 4 Cru.hed Bn. (Haul & PlecelMnt) Weat bound Dunllon ROlId Improvemenia eest of 19th for which the bid unit prices ore not $ 11.838.37 6 Schttdul" 4 Curb/Outter Removal (-1&0 LF) representallve of the coat of wori\ due to !hll lIClIl& lInd IoClltlon of !hit worll. The OOIIt for the $ 1,487.80 9 Schttdule 4 SId._lIrJAppr~h RHlOval (1000 SF) eddlllonlll work ere based on monpower, equipment, meterilll end aubcontrllctor .,trorta $ 2.473.40 10 Schedule 4 Mlacellaneoua Items needed to compl.t. thll worII. Tmtlc ContlOl a o.tour (0 $2,010.40) c:oncm. Cold Wttthtr Protection (0 $1,300.00 DuR Abet~ (0 u,uz.20 Job T......r (0 $1,000 8uperlnttndM1t & ProjKt 11lIl111Ml" (0 ",lIM.OO Smalll!qulpnMnt & FUlll (0 $1,788.38 Mlacellaneoua Items Subtollll $ 14,6411.411 CHANOE ORDER ITEMS TOTAL $ tl1,1I411.12 OH&P $ 7,848.87 INSURANCE $ 1,5&2.4& .":' ,,;';", ""." , iiiI$ 11,086.48 ".'. ...ONALN.~l\II:'~ . ~. , ,ID I1l!M IlPJP110N " , " . .".", 1 10~ I HOT PLANT MIXASPHAL T SURFACE COURSE 90 TON $37.00 $ 3.330.00 2 106 PHAL T TA ~I( 111 GAL $5.00 $ 555.00 3 108 CONCRETE CURB & GUTTER 160 LF $10.50 $ 1,575.00 4 110 CONe ,TE (4- DEPTH) 350 SF $4.36 $ 1 ~33.OO ~ 110A ADAC -ECTABLE WARNING PANEL 4 SF $45.00 $ 180.00 6 111 PED F '<lPS, MEDIAN, RIVE & ALLEY 650 SF $4.68 3 042.00 7 114A JUST EXlSTIN MH 1 NEW 2 EA $8715.00 1 750.00 6 114B . BOX ADJU :T 1 EA $41~.00 4115.00 9 115 ADJUST . VALvt: BOX TO 1 EA S135.oo 136.00 10 119 MARKINGS 4!:lTlr A" 100 LF $2.80 3llO.oo 11 121 PAVt:Mt:1'l _ THERUf1PI 4~T.r 24 90 LF $1t1.20 1 408.00 12 12M RESET EXI TING S IGN 3 EA $125.00 375.00 13 400 F . E 3.4 Cy $800.00 2 720.00 14 401- LASTI C21N ~ LF $1 8.00 90.00 1~ 402 N Jr - >'LAST C2l4IN 23 LF $1 9.00 437.00 115 406 AB . 16AWG14-000V) 29 LF 2.00 72.l5O 17 407 PER COAXIAL . VIDEO 62 LF 1.40 114.80 18 406 C NDU JR - COF 'PER AWG6-8QOV 230 LF 0.70 161.00 19 409 -COP ER AWG8-600V 110 EA OJI7 73.70 20 410 CONDU TJR AWG10-600V ~ EA 0.60 33.00 21 414 SIG- AF 3 -1 'NA' 12-12-12 3 EA $895.00 2 156MO 22 41~ ISIG- RAF~ -1 WA 12-12-12-12 1 EA $1,OllO.00 1 090.00 23 416 SIG- l....E 2 2 EA $600.00 1 200.00 24 419 SHLr'\,....."'. 5 LF $2.00 10.00 2~ 421 PUSH AN 1 EA $270.00 270.00 '26 422 EMER IIUN ut: . CABLE 76",,~. .- I::",;:" :t:I'II':lrl:' UIlIIIt ' " 1"'"''''''':''''''' I '1:""~UNIf' '~PRlCEbWORK $ 11,088.48 1":'1,,'. , ..S I Ie:::,::....: , '".,:,I:::,":::::::i;I:II:ii~'ili!i!II:'I'.'",,~fAL QtfANQE QN)ea,:Q."T.iIJ(~ $ 'ii.,g,1