HomeMy WebLinkAbout03- Morrison-Maierle Hyalite Transmission Main Project Professional Services Agreement
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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
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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.
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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
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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.
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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
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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.
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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
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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;
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and evaluating an unreasonable or extensive number of claims submitted by Contractor(s) or others in connection
with the work.
5.2.3. 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.
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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:
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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.
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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.
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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.
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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:
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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
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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
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EXHIBIT A
TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES
ENGINEER'S STATUS DURING CONSTRUCTION
This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on
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.
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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.
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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.
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11.2.4. Shop Drawings and Samples:
11.2.4.1.
Record date of receipt of Shop Drawings and samples.
11.2.4.2.
Receive 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.
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11.2.8.3.Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors
and major suppliers of materials and equipment.
11.2.9. Reports:
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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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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:
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$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
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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.
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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
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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.
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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
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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.
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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.
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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
,
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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
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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
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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
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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
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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
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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
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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