HomeMy WebLinkAbout03- Baxter Meadows Area SIDS Professional Services Agreement
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PROFESSIONAL SERVICES AGREEMENT
BAXTER MEADOWS AREA SIDs
THIS IS AN AGREEMENT made as of December 15 .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 services described in this Agreement is essential to the OWNER'S
public works improvement program.
Whereas the OWNER intends to and has selected the ENGINEER to provide necessary and professional engineering
services for the project.
Whereas the ENGINEER represents that it is willing and qualified to perform the professional engineering services
for this project described in this Agreement.
Therefore, in consideration of the foregoing recitals and the mutual covenants and conditions contained herein, the
parties agree as follows:
The conditions and provisions set forth in the attached EXHIBIT A - ENGINEER'S STATUS DURING
CONSTRUCTION, EXHIBIT B - A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF
AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE, AND EXHIBIT C - ENGINEERING FEE
ESTIMATE are hereby incorporated in and made part of this Agreement.
ARTICLE 1 - ENGINEERING SERVICES
1.1. The detailed description of the specific project components is described as follows:
1.1.1. Prepare Exhibit Maps for water, sewer and street improvement SIDs establishing the extent of the
proposed improvements, the benefited properties, existing parcels and properties information, existing rights-of-
way and future right-of-way needs, existing major utilities, potential payback areas, non-assessable lands and the
proposed SID boundary with a preliminary legal description for each SID. Coordinate with the OWNER in
establishing the extent of the improvements, SID boundaries and potential payback areas.
1.1.2. Prepare spreadsheets for each SID of property information including legal descriptions, parcel reference
number(s) (e.g. geo code, tax number, etc.), ownership, parcel size, overall district assessable acreage, list of any
waivers of right to protest SIDs, a summary of right-of-way needs. Pro"ide data evaluations and summaries
including percent of district property with waivers of right to protest, payback area summaries, and county and
city proportion of areas. Detailed property record research and verification of parcel current ownership, precise
parcel size and District Boundary description, and the SID financial evaluations required for the statutory district
creation are not part of the services.
1.1.3. Prepare a preliminary cost estimates for each SID including construction costs, engineering fees,
contingencies, SID fees and potential utilities relocation and right-of-way costs.
1.2. The scope of services under this contract are set forth in this agreement and the attached EXHIBITS.
ARTICLE 2 - ENGINEER'S RESPONSIBILITIES
2.1. ENGINEER shall perform for OWNER professional engineering services in all phases of the Project to which
this Agreement applies as hereinafter provided. These services will include, but not be limited to, serving as OWNER's
professional engineering representative for the Project, providing professional engineering consultation and advice and
furnishing customary civil and structural engineering services incidental thereto.
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2.2. The ENGINEER shall furnish all labor, materials, equipment, supplies, and incidentals necessary to conduct and
complete the ENGINEER'S portions of the Project and to prepare and deliver to the OWNER all data, reports, plans,
specifications, and recommendations as designated herein.
2.3. The ENGINEER shall ascertain sueh information as may have a bearing on the work from local units of
government, public, and private organizations and shall bc authorized to procure information from other authorities as to
the extent of these contacts and the results thereof.
2.4. The ENGINEER'S work shall bc in accordance with the standards of sound engineering practices.
2.5. The ENGINEER shall name a Principal-In-Charge for the duration ofthc project. The Principal-In-Charge shall
be Jack Schunke, P.E., Vice President
2.6. The ENGINEER shall name a Project Manager who shall be the liaison between the ENGINEER and thc
OWNER. The Project Manager shall be Craig E. Brawner, P.E. The OWNER may name a Task Dircctor who would be
the liaison between the ENGINEER and the OWNER during the design segmcnt of the Project.
2.6. The ENGINEER shall submit an estimated progress schedule at the beginning of the work, and monthly progress
reports thcrcafter until the project is completed.
ARTICLE 3 - OWNER'S RESPONSIBILITIES
3.1 The OWNER shall name a Task Dircctor who shall be the liaison between the ENGINEER and the OWNER
during DESIGN segment of the Project. The Task Director designated shall be Bob Murray, P.E.
3.2 The OWNER shall have the right of review and examination of the ENGINEER'S work at all times.
3.3 The OWNER shall makeavailablc all records (as-built drawings, construction records, GIS data, etc.) indicating
the existing configuration of the city utilities, city limits, and property records.
3.4 The OWNER will be responsible for Advcrtising Bid Openings,
3.5 The OWNER shall attend the pre-bid conferences, bid openings, pre-construction conferences, construction
progress and other job related meetings, substantial completion inspections and final payment inspections.
ARTICLE 4 - BASIC ENGINEERING SERVICES
The ENGINEER shall render professional Engineering Services as follows:
4.1 PRE-DESIGN INVESTIGATION PHASE
After written authorization to proceed, ENGINEER shall:
4.1.1 Consult with OWNER to clarify and definc OWNER's rcquircmcnts for the Projcct and revIew
available data.
4.1.2 Advise OWNER as to the nccessity of OWNER's providing or obtaining from others, data or senices
and assist OWNER in obtaining such data or services.
4.1.3 Identify and analyze requirements of govcmmental authorities having jurisdiction to approve the design
ofthe Project and participate in consultations with such authorities.
4.1.4. Provide analyses of OWNER's needs, planning surveys, site evaluations and comparative studies of
prospective sites and solutions.
4. 1.5. Provide a general economic analysis of OWNER's requirements applicable to various alternatives.
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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 conta1TImg schematic layouts, sketches and conceptual design criteria with
appropriate exhibits to indicate clearly the considerations involved (including applicable requirements of
governmental authorities having jurisdiction as aforesaid) and the alternative solutions available to
OWNER and setting forth ENGINEER's [mdings and recommendations. This Report will be accompanied
by ENGINEER's opinion of probable costs for the Project, including the following which will be separately
itemized: Construction Cost, allowance for engineering costs and contingencies, and (on the basis of
information furnished by OWNER) allowances for such other items as charges of all other professionals
and consultants, for the cost of land and rights-of-way, for compensation for or damages to properties, for
interest and financing charges and for other services to be provided by others for Owner. The total of all
such costs, allowance, etc. are hereinafter called "Total Projeet Costs".
4.1.8. Furnish ~ copies of the Study and Report documents and review them in person with OWNER.
The Pre-design Investigation Phase will be completed and submittcd within ~ calendar days following written
authorization from OWNER to ENGINEER to proceed with that phase of services.
The Basic Engineering Services in Sections 4.2 through 4.7 are not included as Services under this Agreement,
unless included under a separate Amendment to this Agreement.
4.2 PRELIMINARY DESIGN PHASE
After acceptance of the pre-design report and receipt of written authorization to proceed with the Preliminary Design
Phase, ENGINEER shall:
4.2.1. In consultation with OWNER dctermine general scope, extent and character of the Project.
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 design report will include, but not be
limited to:
4.2.3.1. Summary of construction requirements with appropliatc drawings for each task included in
the proj ect.
4.2.3.2. Plans for providing water and sewer services for affccted propcrtics during construction.
4.2.3.3. Summary geotechnical report for specific tasks, ifneeded.
4.2.3.4. Special design considcrations for Project tasks with conditions not covered m standard
construction methods or specifications.
4.2.3.5. A traffic control plan for each project task, if necessary.
4.2.4. Design and Construction Survey: The ENGINEER shall conduct a design ficld survey of the project
areas, as necessary, for locating existing utilities (such as gas, power, telephone, TV cables, water and sewcr
lines, irrigation facilities, fcnces, and approach driveways), existing right-of~way and easements, and making
measured drawings of or investigating conditions of existing facilities. The ENGINEER shall provide suitable
horizontal and vertical reference control points for the construction phase.
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4.2.5. Pcrmits and Rights-of-Way: The ENGINEER shall obtain approved permits, licenses, and/or easement
agreemcnts from private landowners and any other agencies or entities requiring similar approvals prior to
bidding. These approvals will be coordinated with thc 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.
4.2.6. Gcotechnical Explorations and Analvsis: The ENGINEER shall conduct such geotechnical
explorations and analysis as necessary for project design and bidding. A geotechnical report will be prepared
with recommendations relating to conditions pertinent to the design and construction of the Projcct. Subsurfacc
information will be obtained by reviewing any cxisting geotechnical data available and using additional backhoc
test pits and soil borings as necessary.
The ENGINEER shall furnish copies of a geotechnical report as requcsted to OWNER for usc by OWNER and
Contractors, and review the results of the report with Contractors in a pre-bid meeting. The report is to be
prepared for design purposes; ENGINEER will not be responsible if it is used by othcrs for other purposes.
4.2,7. Preliminary Plans and Specifications. Prepare preliminary construction plans and spccifications with
information which addresses the special features of each project task.
4.2.8. Based on the information contained in the preliminary design documents, ENGINEER will submit a
rcvised opinion of probable Total Project Costs to thc OWNER.
4.2.9. ENGINEER shall prepare and furnish complete copies of preliminary bidding documents and design
report as requested to OWNER and at the same time furnish copies as directed by OWNER to agencics and/or
parties having regulatory responsibilities or direct financial participation in any part of the Project; provide any
technical criteria, written descriptions and design data necessary for securing permits or approval from
authorities having jurisdiction to rcview and approve the design, and assist owner in securing such approvals; and
review documents in person with OWNER and review authoritics, and, if necessary, conduct a plan-in-hand site
review. All changes agreed to between ENGINEER and OWNER will be noted in a memorandum from the
ENGINEER to the OWNER and incorporated into the final plans and specifications.
Thc Preliminary Design Phase will bc completed and submitted within
authorization from OWNER to ENGINEER to proceed with that phasc of services.
calendar days following written
4.3 FINAL DESIGN PHASE
After written authorization to procecd with the final Design Phase, ENGINEER shall:
4.3.1. On the basis of the accepted Preliminary Design documents and the revised opinion of probable 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 thc work to be furnished and
performed by the Contractor(s) suitable for use in the project bidding and construction.
4.3.2. Advise OWNER of any adjustmcnts to the latest opinion of probable Total Project Costs caused by
changcs in general scope, extent or character or design requirements of the Project or Construction Costs.
Furnish to OWNER a revised opinion of probable Total Projcct Costs based on the Drawings and Specifications.
4.3.3. Prepare for rcview and approval by OWNER, its legal counsel and other advisors, contract agreement
forms, general conditions and supplementary conditions, and (where appropriate) bid forms, invitations to bid
and instructions to bidders, spccial provisions, technical specifications, and standard drawings, and othcr rclatcd
contract documents in conformance with the latest edition of the Montana Public Works Standard Specifications
(MPWSS) and City of Bozeman Modifications to MPWSS adopted by the City of Bozcman.
4.3.4. Furnish OWNER six copies of the Contract Documents (including design drawings, specifications and
contracts ).
The Final Phase will be complete and submitted within
OWNER to ENGINEER to proceed with that phase of services.
calendar days following written authorization from
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4.5.1.4 Ascertain that the Contractor has secured required permits nccdcd to accomplish his work.
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4.4 BIDDING OR NEGOTIATING PHASE
After written authorization to proceed with the Bidding or Negotiating Phase, ENGINEER shall:
4.4. I. Assist OWNER in advertising for and obtaining bids or negotiating proposals for construction
contract(s) and record prospective biddcrs to whom Bidding Documents havc bcen issued, rcccive and process
dcposits for Bidding Documents and conduct pre-bid conferenccs.
4.4.2. Provide interpretation or clarification 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 proposed by the prime contractor(s) (herein call "Contractor(s)")
for those portions of the work as to which such acceptability is required by the Bidding Documents.
4.4.4. Consult with OWNER concerning and determine thc acceptability of substitute materials and
equipment proposed by Contractor(s) when substitution prior to the award of contracts is allowed by the Bidding
Documcnts.
4.4.5. Attend the Bid opening, prepare bid tabulation, evaluate bids, assess bidders' responsiveness and
responsibility and makc award recommendation to OWNER.
4.4.6 Facilitate contract award, and the execution and distribution of the contract documents for construction,
materials, equipmcnt and services. Furnish Owner two original signature sets of executed contract documents
(including design drawings, specifications and contracts). Furnish contractor with one set of original signature
executed contract documents and up to three sets of construction documents.
4.5 CONSTRUCTION PHASE
Thc responsibilities of the ENGINEER during the Construction Phase are summarized as follows:
4.5.1. General Administration of Construction Contract. ENGINEER shall consult with and advisc OWNER
and act as OWNER'S representative as providcd in EXHIBIT A - ENGINEER'S STATUS DURING
CONSTRUCTION, attached to and made part of this Agreement and may be further provided under the General
Conditions of the contract documents. The extent and limitations of the authority, duties, and responsibilities of
the ENGINEER on the construction job site as assigned here-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 providcd in the General
Conditions except as otherwise provided in writing.
In addition to the services providcd under Article 10 (Exhibit A) the ENGINEER shall providc the following
services during construction:
4.5.1.1 Schedule and conduct a pre-construction conference.
4.5.1.2 Provide personnel, equipment and supplies for construction layout and control, ineluding
establishment of line, grade, and blue top control staking.
4.5.1.3 Rcview Contractors' construction schedules'and opcrations, and thc Contractors' traffic control
plans and its implementation prior to the start of construction.
4.5.1.5 Prcpare and provide weekly activity and progress rcports to the City's Task Director.
4.5.1.6 ENGINEER shall provide OWNER copies of all correspondence between the ENGINEER
and Contractor.
4.5.1.7 Issue stop and resume work orders, in whole or in part, when work is not or cannot be
pcrformed in accordance with the Contract Documents.
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4.5. 1.8 Review and approvc, for conformance with the project technical specifications all shop
drawings, and other Contractor submittals required by the Contract Documents.
4.5. 1.9 During construction review Contractors' construction schedules and evaluate conformance and
progress under the Contract time provisions.
4.5.1.10 Prepare for OWNER'S approval any plan and specification changes which duc to any initial
design or engineering deficiencies are required to complete the project original design conccpt.
4.5.1.1 I Inspcct the project and when appropriate, and after conferring with OWNER, issue a
Certificate of Substantial Completion to the Contractor.
4.5.1.12 Prior to recommending final payment, schedule and conduct with the OWNER a final project
inspection and submit a rcport to the OWNER documcnting any outstanding items or deficiencies
rcquiring correction prior to final payment. Upon satisfactory project completion ENGINEER shall
ccrtify in writing to the OWNER, and any required regulatory agencies, that the construction was
completed in accordance with the approved plans and specifications and is performing in accordance
with the design concept.
4.5.1. 13 Eleven months after project substantial completion schedule and conduct with the Owner a
One Year Warranty Inspection of the project and advise the owner in writing whether project
deficiencics exist and ifthe project is performing in accordance with the design concept.
4.5.2. Resident Proiect Representative. ENGINEER shall provide a qualified Resident Project Representative
at the job site to provide observation of the work as provided in EXHIBIT B - A LISTING OF THE DUTIES,
RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT
REPRESENT A TIVE., attached to and made part of this Agreemcnt.
The ENGINEER shall submit to the OWNER, for review and acceptance, the resume of each Rcsident Project
Representative who may bc assigncd to the job site during the coursc of the Project not less than 10 calcndar
days prior to the prc-construction meeting. Any subsequent change in the residcnt rcpresentative shall also be
subject to the OWNER'S approval.
4.5.3 Limitations of Responsibilities. ENGINEER will not be responsible for CONTRACTOR's means,
methods, techniques, scqucnces or procedures of construction, or the safety prccautions and programs incidcnt
thereto, and ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in
accordance with the Contract Documents; however, nothing contained in this agrccment shall be construed to
release ENGINEER from liability for failure to properly perform duties and responsibilities assumed by
ENGINEER in the Contract Documents.
4.6. PROJECT DOCUMENTATION
ENGINEER shall furnish OWNER with (a) one mylar copy and two paper copies of the Project Record Drawings ("As-
Builts"), (b) written monthly progrcss reports, and (c) a project notebook containing such correspondence and
documentation as requested by OWNER.
4.7. CONSTRUCTION TESTING
The inspection services shall include matcrial testing and verification of contract compliance with job site requirements,
plans and spccifications.
The ENGINEER shall provide and maintain detailed documentation of the following material testing:
I) Concrete strength, air content and slump
2) Embankmcnt, trench backfill, and gravel and pavement densities
3) Aggregate gradations
4) Plant mix strength, flow and asphalt content
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ARTICLE 5 - ADDITIONAL SERVICES
5.1. If OWNER wishes ENGINEER to perform any of the following Additional Services, OWNER shall so instruct
ENGINEER in writing, and ENGINEER shall perform or obtain from others such services and will be paid therefore as
provided in the Agreement:
5.1.1.
Legal land surveys performcd to obtain data for preparing easements and rights-of-way descriptions.
5.1.2. Preparation of applications and supporting documents for governmcntal agencies in addition to those
rcquired under Basic Services; preparation or review of environmental studies and relatcd services; and
assistance in obtaining environmental approvals.
5. 1.3. Services resulting from significant changes in the general scope, extent or character of the Project or
major 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 other services not otherwise provided for in the Agreement, including services normally
furnished by the OWNER as elsewhere herein described.
5.1.7. Furnishing the services of independent professional associates or consultants for other than Basic
Services.
5. I .8. Detailed property records research and verification of the most current parcel ownership, precisc parcel
size and District Boundary description, and the SID financial evaluations rcquired for the statutory
district creation.
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 therefore as provided in this
Agrecmcnt:
5.2. I. Services in connection with work directive changes and change orders to reflect the changes requested
by OWNER if the resulting change in compensation for Basic Services is not commensurate with the additional
services rendered.
5.2.2. Services in making revisions to Drawings and Specifications occasioned by the OWNER'S acceptance
of substitutions proposed by Contractor(s); services after the award of each contract in evaluating and
determining the acceptability of an unreasonable or excessive number of substitutions proposed by Contractor;
and evaluating an unreasonable or extensive number of claims submitted by Contractor(s) or others in connection
with the work.
5.2.3. Services resulting from significant delays, changes or price increases occurring as a direct result of
materials, equipment or energy shortages.
5.2.4. Additional or extended services during construction made necessary by (I) work damage by fire or
other causcs during construction, (2) a significant amount of defective or neglected work of any Contractor, (3)
acceleration of the progrcss schcdulc involving services beyond normal working hours, (4) default by any
Contractor.
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ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE
6.1 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES 01<' ENGINEER
6.1.1 Payment. The OWNER shall for the services pcrformed undcr Scction 1.1 and 4. I of this Agreement
pay a total sum in the amount of $ 16,047.00 for such scrviccs.
6.1.2 Payment Schedule. Total cumulative payments for the cngineering serviccs (Section 1.1) shall not
exceed the following ccilings:
$ (1 0 ~<. of dcsign fec) until the Pre design Investigation and Preliminary Dcsi;;n Report
haye been submittcd to thc O\Vl'IER.
it (50% of design fee) until the Prcliminary Plans and Spccifications havc bceR sl:Ilamitted to
the O'NNER and rcvicw authorities.
$ 14,445.00 (-90% of the fee) until the final SID map exhibits, spreadsheets and cost estimates have been
submitted to the OWNER.
6. 1.3 General. Engineer shall submit monthly statements for services rendered. The statements shall be
based upon Engineer's estimate of the proportion of the total services actually completed at the time of billing,
subject to any limitations on Payments based on completion of tasks or specific retainage requirements pursuant
to the payment provisions of the Agrcement .
6.1.4 Reimbursable Expenses. Only those expenses specifically identified for payment under section 6.2 of
this Agrcement are reimbursable. All other expenses related to services performed under Section 1.1 and 4.1 are
included in the Lump Sum Payment (Section 6.1.1) and are not separatcly rcimbursablc. Additional Services
specifically identified under thc scope of services for payment under 6. I are not separately reimbursable.
6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER.
Direct Lahor Cost Basic Services are not currently included under this Agreement, but may be included under a
separate Amendment to the Agreement.
Construction and project documentation services performcd as Basic Engincering Scrvices undcr scctions 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
exceed
The OWNER shall pay for Construction Phase and Project Documentation Scrvices an amount not to
except as provided under 6.2.1.2 and 6.2.4.
6.2. 1.1 Costs Compensation. Compensation for these services shall bc bascd on the ENGINEER's
Direct Labor Cost times a factor of for services rendered which shall cover Direct Labor,
Dircct Labor Overhead, General & Administrative Overhead and Profit.
6.2.1.2 Notification. At any time during thc construction that it becomes apparent that thc
Construction Phase and Projcct Documentation Services rendered undcr this Agrcemcnt will exceed the
ncgotiated compensation for these services, and prior to performing services in excess of the contract
cciling, 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 bcing incurred under paragraph 6.2.1.3. If it
is determined that due to a change in project scope under paragraph 5.2.1, the ENGINEER is entitled to
additional compcnsation, OWNER and ENGINEER may negotiate terms as providcd under 6.2. I. I.
The amount and terms of any additional compensation under 6.2.1.1 or 6.2. 1.3 shall be negotiated and
agrccd 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 scopc Construction Phase and Project Documentation Scrvices cxcceds the negotiated
compcnsation for these services, the OWNER shall pay only for the direct costs incurred in excess of
thc cstimated compensation. These costs consist of an amount equal to the ENGINEER'S Direct Labor
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Cost times a factor of for services rendered which shall include Dircct Labor, the fedcrally
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 Scrvices shall bc paid to the ENGINEER by thc OWNER in the actual amount of the costs incurred
up to an amount not to excced $ which includcs $ for consultants employed by the
Engincer and $ for all other reimbursable expenses. The estimated reimbursable expenses are
identified in Exhibit "_
6.2.3. Failed Test Expenses. The ENGINEER shall maintain and provide to the OWNER, a record of the
costs associated with failing quality control tests performed for the OWNER during the course of the
construction of the project and recommend an amount the OWNER deduct from the contractor(s) payments.
6.2.4 Thc 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 _, or an
amount otherwise negotiated at the time such services are requested and approvcd by the OWNER.
ARTICLE 7 - MEANING OF TERMS
7.1 AGREEMENT
As used hcrein the term "this Agreement" refers to the contents of this document and its Exhibits attached hereto and
referred to as if thcy wcrc part of onc and the same documcnt.
7.2 CONSTRUCTION COSTS
The construction cost of the entire Project (herein referred to as "Construction Cost") means the total cost to OWNER of
those portions of the entire Project designed and specified by ENGINEER, but it will not include ENGINEER's
compensation and expenses, the cost of land, rights~of-way, or compensation for or damages to, properties unless this
Agreement so specifies, nor will it include OWNER's legal, accounting, insurance counseling or auditing services, or
interest and financing charges incurred in connection with thc Projcct or the cost of other serviccs 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
engaged directly on the Project, including, but not limited to, engineers, architects, survcyors, 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 of the ENGINEER maximum billable
Dircct 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
Teclmicians $ I 1.67 /hour
Two Person Survey Crew $ 35.00 /hour
Clerical $ 13.33 /hour
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7.4 REIMBURSABLE EXPENSES
Reimbursable Expenscs mean thc actual cxpcnses incurred by ENGINEER or ENGINEER's independent professional
associates or consultants directly in connection with the Project, such as expcnscs for: transportation and subsistence
incidcntal thereto; obtaining bids or proposals from Contractor(s); subsistence and transportation of Resident Project
Representativcs and thcir assistants; toll telephone calls and tclcgrams; reproduction of reports, Drawings, Specifications,
Bidding Documcnts and similar Project-related items; and if authorized in advance by OWNER, overtime work requiring
higher than regular rates. In addition, when compcnsation for Basic Services is on the basis of Direct Labor Costs method
of payment, Reimbursable Expenses will also include the amount billed to ENGINEER by special consultants cmployed
by ENGINEER and authorized by OWNER (other than as an authorized Additional Services) and will also include
expenses incurred for computer time and other specialized equipment, including an appropriate charge for previously
cstablished programs and expenses of photographic production techniques.
ARTICLE 8 - PAYMENT PROVISIONS
8.1 TIMES OF PAYMENTS. ENGINEER may submit monthly statements for Basic Services and approved
Additional Services rendered and for Reimbursable Expenses incurrcd; howcver, payments shall not exceed the ceilings
providcd in 6.1 and 6.2. Final payment shall be made only after acceptance of the projcct by thc OWNER. If OWNER
disputes the amount of the billing, OWNER will notify the ENGINEER in writing within ten (10) calendar days of the
receipt of bill of the dispute.
8.2 REQUESTS FOR PAYMENT. Each request for payment shall include a documentation summary of the
period incremental man hours incurred, direct labor rates and billed rates, detail of rcimbursable costs, total period billing,
and total cumulative billing. When requested by OWNER services for distinct project segments shall be accounted and
billed separately.
8.3 PAYMENT UNDER TERMINATION. In thc event of termination by the OWNER upon thc completion of any
phase of the Basic Services, progress payments due ENGINEER for services rendered through such phasc shall constitute
total payment for such services. In the event of such termination by OWNER during any phase of the Basic Services,
ENGINEER also will be reimbursed for the charges of pre-approved indcpendent professional associates and consultants
employed by ENGINEER to render Basic Services, and paid for serviccs rendered during that phase on thc basis of the
payment provisions of the Agreement. In the event of any such termination, ENGINEER will be paid for unpaid pre-
approved Additional Services and unpaid Reimbursable Expenses which are authorized undcr this agreement.
ARTICLE 9 - GENERAL CONSIDERATIONS
9.1 TERMINATION OF AGREEMENT
9.I.I The solc right is hereby reserved to the OWNER to terminate this Enginccring Agreement for any and
all causes or for its convenience at any time upon fifteen (15) days written notice to the ENGINEER.
9. 1.2 If termination for default is effected by the OWNER, an equitable adjustment in the pricc provided for
in this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed
serviccs or othcr work, and (2) any payment due to the ENGINEER at the time of termination may be adjustcd to
cover any additional costs to thc OWNER because of the ENGINEER's default. If tcrmination for convenience
is effected by the OWNER, the equitable adjustment shall includc a reasonable profit, as determjncd by owner,
for services or other work performed. The equitable adjustmcnt for any termination shall provide for payment to
the ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination
scttlement costs reasonably incurred by the ENGINEER relating to commitments which had become firm prior to
the termination.
9.1.3 Upon rcccipt of a termination action under paragraph 9.1.2, the ENGINEER shall (1) promptly
discontinue all affected work (unless thc noticc directs otherwise), and (2) deliver or otherwise make available to
the OWNER within ten (10) days copies of all data, design drawings, specifications, reports, estimates,
summaries and such othcr information and materials as may have been accumulatcd by the ENGINEER in
performing this Agreement, whether completed or in process.
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7.4 REIMBURSABLE EXPENSES
Reimbursable Expcnses mean the actual expenses incurred by ENGINEER or ENGINEER's independent professional
associates or consultants directly in connection with the Project, such as expenses for: transportation and subsistence
incidcntal thereto; obtaining bids or proposals from Contractor(s); subsistence and transportation of Residcnt Project
Representatives and thcir assistants; toll telephone calls and telegrams; reproduction of rcports, Drawings, Specifications,
Bidding Documcnts and similar Project-related items; and if authorized in advance by OWNER, overtime work requiring
higher than regular rates. In addition, when compensation for Basic Services is on the basis of Direct Labor Costs method
of paymcnt, Reimbursable Expcnses will also include the amount billed to ENGINEER by special consultants employed
by ENGINEER and authorized by OWNER (other than as an authorized Additional Services) and will also include
expenses incurred for computer time and other specialized equipment, including an appropriate charge for previously
cstablished programs and expenses of photographic production techniques.
ARTICLE 8 - PAYMENT PROVISIONS
8.1 TIMES OF PAYMENTS. ENGINEER may submit monthly statemcnts for Basic Services and approved
Additional Scrvices rendered and for Reimbursable Expenses incurrcd; however, payments shall not exceed the ceilings
provided in 6. I and 6.2. Final payment shall bc made only after acceptance of thc projcct by the OWNER. If OWNER
disputes the amount of the billing, OWNER will notify the ENGINEER in writing within ten (10) calendar days of the
receipt of bill of the dispute.
8.2 REQUESTS FOR PAYMENT. Each request for payment shall include a documentation summary of thc
period incremental man hours incurred, direct labor rates and billed rates, detail of reimbursable costs, total period billing,
and total cumulative billing. When requested by OWNER services for distinct projcct segments shall be accounted and
billed separately.
8.3 PAYMENT UNDER TERMINATION. In the event of termination by thc OWNER upon the complction of any
phase of the Basic Services, progress payments due ENGINEER for services rendercd through such phase shall constitute
total payment for such services. In the event of such termination by OWNER during any phase of the Basic Services,
ENGINEER also will be reimbursed for the charges of pre-approved indepcndent professional associates and consultants
employcd by ENGINEER to render Basic Services, and paid for services rendered during that phase on the basis of the
paymcnt provisions of the Agrecmcnt. In the event of any such termination, ENGINEER will be paid for unpaid pre-
approved Additional Services and unpaid Reimbursable Ex.penses which are authorized undcr this agreement.
ARTICLE 9 - GENERAL CONSIDERATIONS
9.1 TERMINATION OF AGREEMENT
9.1.1 Thc sole right is hereby reserved to the OWNER to terminatc this Engineering Agreement for any and
all causcs or for its convenience at any time upon fifteen (15) days written notice to the ENGINEER.
9.1.2 If termination for dcfault is effected by the OWNER, an equitable adjustment in the price provided for
in this Agreement shall be made, but (I) no amount shall be allowed for anticipated profit on unperformed
services or other work, and (2) any paymcnt due to the ENGINEER at the time oftcrmination may be adjusted to
cover any additional costs to thc OWNER because of the ENGINEER's default. If termination for convcnience
is cffected by the OWNER, the equitable adjustment shall include a reasonable profit, as determined by owner,
for services or other work performed. The equitablc adjustment for any termination shall provide for payment to
the ENGINEER for scrviccs rendered and expenscs incurrcd prior to the termination, in addition to termination
settlement costs rcasonably incurred by the ENGINEER relating to commitments which had become firm prior to
the termination.
9.1.3 Upon receipt of a termination action under paragraph 9.1.2, the ENGINEER shall (I) promptly
discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to
the OWNER within tcn (10) days copies of all data, design drawings, specifications, reports, estimates,
summaries and such other information and materials as may have been accumulated by the ENGINEER in
performing this Agreement, whcthcr completed or in process.
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9.1.4 In thc cvcnt this Contract is terminated prior to completion, the original copies of the ENGINEER'S
data, recommcndations; plans, specifications, analysis and other related documents prepared by the ENGINEER
prior to said termination shall be delivered to and become the property of the OWNER.
9. 1.5 Upon termination, the OWNER may take over the work and may award another party an Agrcement to
complete the work under this Agreement.
9. 1.6 OWNER'S right to terminate is in addition to any other remedies OWNER may have under the law.
9.2 INSPECTION AND AUDIT
All books, papers, records, payrolls, vouchers and invoiccs rclating to costs and expenditures incurred as to thc
performance of the services by the ENGINEER hereunder shall be made available to the OWNER, or their authorized
representatives for audit and review, at the ENGINEER'S respective offices at all reasonable times during thc contract
period and for three years from the date of final payment.
9.3 EMPLOYMENT
The ENGINEER warrants that he has not employed or retained any company or persons, othcr than a bona fide employee,
working solely for the ENGINEER, to solicit to secure this contract, and that he has not paid or agreed to pay any
company or person, other than bona fide employees working solely for the ENGINEER, any fee, commission, percentage,
brokerage fec, gifts or any other considerations contingent upon or resulting from the award or making of this Contract.
For breach or violation of this warranty, the OWNER shall have the right to annul the Contract without liability or in its
discretion to deduct from the price or consideration or otherwise recover the full amount of such fee, commission,
percentage, brokerage fee, gift or contingent fee.
All employees of the ENGINEER or other persons while engaged in the performance of work or services required by the
ENGINEER shall be considered employees of the ENGINEER only and not of the OWNER.
9.4 NONDISCRIMINATION
The ENGINEER will not discriminate on the basis of race, color, religion, creed, political ideas, sex, age, marital status,
national origin or disability in employmcnt or provision of services. The ENGINEER shall be subject to and comply with
Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated there
under.
9.5 SUBLETTING 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 STANDARD OF CARE
In providing services under this agreement, the ENGINEER will perform in a manner consistent with the degrcc of care
and skill ordinarily exercised by members of the samc profcssion currently practicing under similar circumstances. If any
service should be found to bc not in conformance with this standard, the ENGINEER shall, at the OWNER's request, re-
perform the servicc at its own expense. Engineer shall also, at its own expense, make such changes, modifications or
additions to the project which are madc necessary as a result of thc initial non-performance or the re-performance of
services. The OWNER's rights herein arc in addition to any othcr remcdies the OWNER may have under the law.
9.7 LEGAL RELATIONS
9.7.1 The ENGINEER shall comply with all Federal, State, and Local laws and ordinanccs applicable to the
work to be done.
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The ENGINEER shall secure and furnish to the OWNER certificate of insurance, thcrein, naming the OWNER as an
additional insured, to include thirty (30) days notice of cancellation or non-renewal.
Without limiting any of ENGINEER's obligations hereunder, ENGINEER shall secure and maintain, until the work is
complcted and accepted by the OWNER, insurance coverage naming thc OWNER as additional insured with minimum
insurance coverage as follows:
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9.7.2
9.7.3.
9.7.4
9.7.5
9.7.6
9.8 INSURANCE
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The ENGINEER agrees to indemnify, hold harmless, and defend the OWNER, its officers, dircctors,
agents, and employees from and against any suits, causes of action, claims, demands, damages, eosts,
expenses, obligations, and liability of any character, including attorney's fces, arising out of or resulting
from or in connection with the ENGINEER's negligent performance of the scrvices specified in this
agreement. In the event thc OWNER is found proportionately responsible, the ENGINEER will be held
responsible only for those damages, costs, attorncy's fees, and liabilities as are attributable to the
ENGINEER's percent of fault as compared with 100% of the fault giving rise to the damages.
The ENGINEER agrees to indemnify, hold harmless and defend the OWNER, its officers, directors,
agents, and employees from and against any suits, causes of action, c1airns, demands, damages, costs,
expenses, obligations, and liability of any character, including attorney's fees, arising out of or resulting
from or in connection with the ENGINEER's non-negligcnt pcrformance 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, attorney's fees, and Iiabilitics as arc attributable to thc
ENGINEER's percent of fault as compared with 100% of the fault giving rise to the damages.
In an appropriate case in which attorney's fees are awarded to the OWNER following a wrongful
refusal of a tender of defense, said fees may include fces and salary paid by the OWNER to the City
Attorney or other in~house counsel.
The indemnity required herein shall not be limited by reason of the specification of any particular
insurance coverage in this agreement.
The ENGINEER shall perform this agreement as an independent contractor, and as such, is responsible
to the OWNER only as to the results to be obtained in the work herein specificd, and to the extent that
the work shall be done in accordancc with the terms, plans and specifications. The ENGINEER shall
have and maintain complete control over all of its employees, subcontractors, agents and operations,
bcing responsible for any required payroll deductions and providing required benefits, such as, but not
limited to, worker's compensation with statutory limits, and unemploymcnt insurance.
Type of Coverage
Limits
Employers'Liability:
Gencral Liability:
$ 100,000 per accident
Bodily Injury & Property
Damage Single and combined
$ I ,000,000 per accident
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Automobile:
Bodily Iniury covering all
automobiles, trucks,
tractors, trailers, or
other automotive equip~
ment whether owned or
rented by Engineer or
owned by employees of
Engineer.
$ 500,000 each person
$ I ,000,000 eaeh occurrencc
Property Damage covering
$500,000 each occurrcncc
all automobiles, trucks,
tractors, trailers or other
automotive equipment whether
owned or rented by Engineer
or owned by employees of
Engineer
OR
Bodily Injury & Property
Damage Single and combined
$ 500,000 each occurrence
In addition to the above insurance coverage, the ENGINEER shall secure and maintain, until the work is completed
and accepted by the OWNER, and without naming OWNER as an additional insured, professional errors and
omissions coverage as follows
Professional Errors & Omissions:
$ 1,000,000 per claim and
aggregate each occurrence
9.9 ENDORSEMENT
The ENGINEER shall place his endorsement on all drawings and other data furnished by him.
9.10 OWNERSHIP OF DOCUMENTS
Thc parties admit and agree the documents produced under this agreement are not intended or represented to be suitable
for reuse by OWNER or any other individual on any other project. Any rcusc without written verification or adaptation by
ENGINEER will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER's
indepcndcnt professional associates or consultants. Files in electronic media format of text, data, graphics, or of other
types that arc furnished by ENGINEER to OWNER are only for convenience of owner. Any conclusion or information
obtained or derived from such electronic files will be at the user's sole risk.
9.1 I PUBLIC INFORMATION
The ENGINEER shall not issue any statements, releascs or information for public dissemination without prior approval of
the OWNER.
9.12 PROPRIETARY RIGHTS
If patentable discoveries or inventions should result from work required herein, all rights accruing from such discoveries
or invcntions shall be joint property of the ENGINEER and the OWNER. Provided that the OWNER, state agencies or
political subdivisions and the United States Government shall have the irrevocablc, nonexclusivc, nontransferable and
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royalty-free license to use each invention in the manufacture, use and disposition, according to law, of any article or
material, and in the use of any method that may be developed as part of the work described and contemplated herein.
9.13 RECORDS
The ENGINEER shall maintain aecounting records and other evidence pertaining to the cost incurrcd and to make thc
records available at all reasonable times during the Contract term and for one (I) year from the date of final payment.
Such accounting records and other evidence pertaining to the cost incurred will be made available for inspections by
OWNER.
9.14 SUCCESSORS IN INTEREST
The covenants, agreemcnts and all statements in this Contract apply to and shall be binding on the heirs, personal
represcntatives, succcssors and assigns of the respective parties.
9.15 ATTORNEY'S FEES AND COSTS
That in the event it becomes necessary for either Party of this Contract to retain an attorney to enforce any of the terms or
conditions of this Contract or to give any notice required herein, then the prevailing Party or the Party giving notice shall
be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City
Attorney.
9.16 MODIFICATIONS AND AMENDMENTS
That any amendment or modification of this Contract or any provisions herein shall be made in writing or executcd in the
same manner as this original document and shall after execution bccomc a part of this Contract.
In witness Whereof, the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN, MONTANA
ENGINEER
.~~----~---
(City Manager)
---"/
('~Q- t=- ~
(Vice President)
c:><
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BY:
BY:-
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DATE: '-Dv.c~ \
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C__X'--~---,>
DATE:
ATTEST:
BY~;( --'~
(ClerK of Commission)
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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
, between CITY OF BOZEMAN (OWNER) and MORRISON-MAIERLE, INC.
(ENGINEER) providing for professional engineering services.
ARTICLE 10 - ENGINEER'S STATUS DURING CONSTRUCTION
to. I. OWNER'S REPRESENTATIVE
ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the
limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract
Documents and shall not be extended without written consent of OWNER and ENGINEER.
10.2. VISITS TO THE SITE
ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the
progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance
with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on-site
inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for
OWNER's greater degree of confidence that the completed Work will conform to the Contract Documents. On the
basis of such visits and on-site observations as an experienced and qualified design professional, ENGINEER will
keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and
deficiencies in the Work.
10.3. PROJECT REPRESENTATION
If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER
in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such
Resident Project Representative and assistants will be as provided in EXHIBIT B, A LISTING OF THE DUTIES,
RESPONSIBILITIES AND LIMIT A TIQNS OF AUTHORITY OF THE RESIDENT PROJECT
REPRESENTATIVE.
10.4. CLARIFICATIONS AND INTERPRETATIONS
ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements
of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which
shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If
CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or an
extension of the Contract Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR
may make a claim therefore as provided in the General Provisions of the construction Contract Document.
10.5. AUTHORIZED VARIATIONS IN WORK
ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which
do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of
the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER, and also
on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order
justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as
to the amount or extent thereof, CONTRACTOR may make a claim therefore as provided in the General Conditions
of the Construction Contract.
10.6. REJECTING DEFECTIVE WORK
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ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, and will
also have authority to require special inspection or testing of the Work as provided in the General Provisions of the
construction Contract Document whether or not the work is fabricated, installed, or completed.
10.7. SHOP DRAWINGS, CHANGE ORDERS AND PAYMENT
10.7.1. The ENGINEER's responsibility for Shop Drawings and samples shall comply with the shop drawing
provisions of the General Provisions of the construction Contract Document
10.7.2. The ENGINEER's responsibilities for Change Orders shall comply with the change order provisions of
the General Provisions of the construction Contract Document.
10.7.3. The ENGINEER's responsibilities for contractor's Application for Payment shaIl comply with the
payment provisions of the General Provisions of the construction Contract Document.
10.8. DETERMINATIONS FOR UNIT PRICES
ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by
CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on
such matters before rendering a written recommendation thereon (by recommendation of an Application for
Payment or othelWise) to OWNER.
10.9. DECISION ON DISPUTES
10.9.1. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the
acceptability of the Work there under. 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
Timc 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_ Whcn functioning as interpreter under paragraphs 10.8 and 10.9. I, ENGINEER will not show partiality to
OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith
in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 10.8 and 10.9.1 with rcspect 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 Documcnts or by Laws or Regulations in respect of any
such claim, dispute or other matter.
10. I O. LIMITATIONS ON ENGINEER'S RESPONSIBILITIES
10. I O. I. Neither ENGINEER's authority to act under this Article or elsewhere in the Contract Documents nor any decision
made by ENGINEER in good faith eithcr to excrcise or not exercise such authority shall give rise to any duty or
responsibility of ENGINEER to CONTRACTOR, any Sub-contractor, any Supplier, or any other person or organization
performing any of the Work, or to any surety for any of them.
10.10.2. Whcncver 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 "rcasonablc", "suitable", "acceptable", "proper" or
"satisfactory" or adjectives of like effect or import are used to describe a requirement, dircction, rcview or judgment of
ENGINEER as to thc 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 spccific statement indicating otherwise). The use of
any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supcrvise or direct the
furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of
paragraph 45-3_
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EXHIBIT B
TO AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES
A LISTING OF THE DUTIES, RESPONSIBILITIES AND
LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE.
This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on ,
between CITY OF BOZEMAN (OWNER) and (ENGINEER) providing for
professional engineering services.
ARTICLE 11 - DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE
RESIDENT PROJECT REPRESENTATIVE
ENGINEER shall furnish a Resident Project Representative (RPR), assistants and other field staff to assist
ENGINEER in observing performance of the work of Contractor.
Through more extensive on-site observations of the work in progress and field checks of materials and equipment by
the RPR and assistants, ENGINEER shall endeavor to provide further protection for OWNER against defects and
deficiencies in the work of CONTRACTOR; but, the furnishing of such services will not make ENGINEER
responsible for or give ENGINEER control over construction means, methods, techniques, sequences or procedures
or for safety precautions or programs, or responsibility for CONTRACTOR's failure to perform the Work in
accordance with the Contract Documents and in particular the specific limitations set forth in section 4.5 of the
Agreement are applicable.
The duties and responsibilities of the RPR are limited to those of ENGINEER in this agreement and in the
construction Contract Documents, and are further limited and described as follows:
11.1. GENERAL
RPR is ENGINEER's agent at the site, will act as directed by and under the supervision of ENGINEER, and
will confer with ENGINEER regarding RPR's actions. RPR's dealings in matters pertaining to the on-site work shall
in general be with ENGINEER and CONTRACTOR keeping OWNER advised as necessary. RPR's dealings with
subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. RPR shall
generally communicate with OWNER with the knowledge of and under the direction of ENGINEER.
11.2. DUTIES AND RESPONSIBILITIES OF RPR
I 1.2. I. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of
values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability.
11.2.2. Conferences and Meetings: Attend meetings with CONTRACTOR, such as preconstruction
conferences, progress meetings, job conferences and the project-related meetings, and prepare and
circulate copies of minutes thereof.
1 \.2.3. Liaison:
11.2.3. I. Serve as ENGINEER's liaison with CONTRACTOR, working principally through
CONTRACTOR's superintendent and assist in understanding the intent of the Contract Documents; and
assist ENGINEER in serving as OWNER's liaison with CONTRACTOR.
11.2.3.2.Assist in obtaining from OWNER additional details or information, when required for proper
execution ofthe Work.
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11.2.4. Shop Drawings and Samples:
11.2.4.1.
Record date of receipt of Shop Drawings and samples.
11.2.4.2.
Receive samples which are furnished at the site by CONTRACTOR, and notify
ENGINEER of availability of samples for examination.
11.2.4.3.
Advise ENGINEER and CONTRACTOR of the commencement of any Work
requiring Shop Drawing or sample if the submittal has not been approved by
ENGINEER.
11.2.5. Review of Work. Reiection of Defective Work, Inspections and Tests:
11.2.5.1.Conduct on-site observations of the Work in progress to assist ENGINEER in
determining if the Work is in general proceeding in accordance with the Contract Documents.
11.2.5.2.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 presenee 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 ENGINEER.
11.2.6. Interpretation of Contract Documents: Report to ENGINEER when clarifications and
interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and
interpretations as issued by ENGINEER.
11.2.7. Modifications: Consider and evaluate CONTRACTOR's suggestions for modifications ill
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
Contract Documents, progress reports, and other Project related docmnents.
I 1.2.8.2.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.
11.2.8.3. Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors
and major suppliers of materials and equipment.
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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.
l1.2.9.2.consult with ENGINEER in advance of scheduled major tests, inspections or start of
important phases of the Work.
l1.2.9.3.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 immediately to ENGINEER and OWNER upon the occurrence of any accident.
11.2.10. Payment Requests: Review applications for payment with CONTRACTOR for compliance with
the established procedure for their submission and forward with recommendations to ENGINEER, noting
particularly the relationship of the payment requested to the schedule of values, Work completed and
materials and equipment delivered at the site but not incorporated in the Work.
11.2.11. Certificates, Maintenance and Ooeration Manuals: During the course of the Work, verify that
certificates, maintenance and operation manuals and other data required to be assembled and furnished by
CONTRACTOR are applicable to the items actually installed and in accordance with the Contract
Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to
final payment for the Work.
11.2.12. Comoletion:
11.2.12.1. Submit to CONTRACTOR, and ENGINEER a list of observed items requiring
completion or correction before ENGINEER may issue a Certificate of Substantial Completion.
11.2.12.2 Assess completion or correction of items noted under 11.2.12.1, advise ENGINEER on
their status, and make recommendation to Engineer regarding issuance of a Certificate of
Substantial completion.
11.2.12.3. Conduct final inspection in the company of ENGINEER, OWNER, and
CONTRACTOR and prepare a [mal list of items to be completed or corrected.
11.2.12.4. Observe that all items on final list have been completed or corrected and make
recommendations to ENGINEER concerning final acceptance.
11.3. LIMITATIONS OF AUTHORITY
Resident Project Representative:
11.3.1. Shall not authorize any deviation from the Contract Documents or substitution of materials or
equipments, unless authorized by ENGINEER.
1 1.3.2. Shall not exceed limitations of ENGINEER's authority as set forth in the Agreement or the
Contract Documents.
11.3.3. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or
CONTRACTOR's superintendent.
11.3.4. Shall not advise on, issue directions relative to or assume control over any aspect of the means,
methods, techniques, sequences or procedures of construction unless such advice or directions are
specifically required by the Contract Documents.
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11.3.5. Shall not advise on, issue directions regarding or assume control over safety precautions and
programs in connection with the Work.
11.3.6, Shall not accept Shop Drawing or sample submittals from anyone other than CONTRACTOR.
11.3.7. Shall not authorize OWNER to occupy the Project in whole or in part.
11.3.8. Shall not participate in specialized field or laboratory tests or inspections conducted by others
except as specifically authorized by ENGINEER.
H:\0417\047\DOCS\CONTRACTS\Baxter Meadows SlDs Professional Services Agreement Draft.doc
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EXHIBIT C
Engineering Fee Estimate
City of Bozeman
Baxter Meadows Preliminary SIDs (J) Formation Services
STAFF HOUR ESTIMATE
TOTAL
TASK HOURS
Task 1-Map SewerlWater/Street SIDs Boundaries
1 Project Direction/Kickoff Meeting
2 Research & Recommend Improvements
3 Prep Prelim Maps w/ Boundaries. Improvements & Parcel
4 Evaluate and Identify Payback Areas
5 Coordinate Final Boundaries & Improvements w/ City
6 Verify & Update Prelim Parcel Records
7 Finalize SID Exhibit Boundary Maps
8 Prepare Prelim SID Boundary legal Description
... --. m.. --. Hours Subtotal
Cost Subtotal
SUPERVISING SENIOR DESIGN CADD STAFF
PRINCIPAL ENGINEER I ENGINEER ENGINEER II DRAFTER ENGINEER CLERICAL
4 2 2
10 2 8
6 4 2
2 2
4 2 2
8 4 4
4 4
8 8
46 6 14 16 6 _n___
4
$3,288.00 $588.00 $1.092.00 $1,168.00 $312.00 $128.00
Task 3-Assess Rlght-of.Way Needs
1 Establish RJIN Standards w/ City 4 2 2
2 Research Existing RJIN 13 1 4 8
3 RJIN Analysis 8 2 4 2
4 Map Existing & Needed RJIN ------ __..9 1 8
Hours Subtotal 34 S 11 8 8 2
Cost Subtotal $2,412.00 $490.00 $858.00 $584.00 $416.00 $64.00
,~~t,,~I))~llS.(~,.l;jIDs)
ents CQij<:wt "/+-+-,'
Inves~lJ'ltiQll'.'
Estimate+SID Adm & Fees
. e~t & Payback Area ,'"./.
.nallZe Estimate & AssessmenL/-, '"
Hours $ublota
~~~ybto.al;.
SUBTOTAL OF STAFF HOURS REQUIRED
HOURLY LABOR COST
LABOR COST BY POSITION
220
2
$120.00
$240
28
$98.00
$2,744
71
$78.00
$5,538
28
$73.00
$2,044
19
$52.00
$988
42
$63.00
$2.646
30
$32.00
$960
TOTAL COST OF LABOR:
$15.160
NUMBER UNIT TOTAL
DIRECT EXPENSE DESCRIPTION UNITS UNITS COST COST
Subsistence Per Diem days $23.00 $23.00
Automobile Transportation
Mileage miles 50 $0.67 $33.50
Subcontracted Services Is
General Printing sheets 250 $0.10 $25.00
Plan Printing sf 100 $0.55 $55.00
Technical Support hours 220 $3.00 $660.00
Postage/Freight each 1 $10.00 $10.00
Miscellaneous Is
TOTAL DIRECT EXPENSES $806.50
TABLE I DESCRIPTION
LABOR
EXPENSE
LABOR
FACTOR
EXPENSE
FACTOR
COST
CEILING
Direct labor
$15,160
1.00
$15.160
Oirect Expenses
$807
1.10
$887
TASK SUBTOTAL
$16,047