HomeMy WebLinkAbout03- Sourdough Bypass Project Professional Services Agreement
PROFESSIONAL SERVICES AGREEMENT
SOURDOUGH BYPASS PROJECT
THIS IS AN AGREEMENT made as of July 28 ,2003, between THE CITY OF
BOZEMAN, a Municipal Corporation, 411 East Main, Bozeman, Montana, 59715 (OWNER)
and Morrison-Maierle, Inc., 901 Technology Blvd., 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 make improvements to the City of Bozeman Municipal Water
System, 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, and EXHIBIT B, A LISTING OF THE DUTIES,
RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT
REPRESENT A TNE are included by this reference and 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 SOURDOUGH BYPASS
Based on the Pre-design Investigation Report for: Sourdough Bypass & Altitude Control Valves Project dated
August 200 I, provide preliminary design phase, final design phase, bidding and negotiating phase, and construction
phase services for the Option 2 - Phase 1 improvements including the Instrumentation and Controls improvements
identified for Option 2 more specifically identified below and as described in this agreement.
1.1.1. I Sourdough Reservoir: Install a new motor control for the existing 24" valve on the Sourdough
Reservoir Service Line.
1. I. 1.2 Sourdough Bypass: Install bypass piping as identified in the Pre-design report including
connections to existing concrete cylinder pipe, an 18" control valve, provisions for a future 30"
control valve, and penetrations through a new valve building. The work shall also include a
review of the sizing ofthc facilities to be installed.
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I. I. 1.3 Sourdough Valve Building: Design a new valve building to housc the Sourdough Bypass control
valves and controls. Tasks shall include preparing a geotechnical report to provide
recommendations for foundation design, structural design, ventilation design, electrical design,
and architectural design to make the facility functional for the intendcd uses. The geotechnical
investigation shall be provided by GMT Consultants, Inc. and arehitectural design services shall
be provided by Taylor-Hanson-Kane Architects.
I. I .1.4 Sourdough Bypass Controls: Design system controls to allow for the operation of the
improvements a~ described in the prc-design report and include a flow meter to monitor flow
through the facility. Industrial Automation Consulting, Inc. shall be contracted to assist with the
design of the control aspects of the project. Tasks shall incorporate electrical design to make the
system functional.
1.1.1.5 Sourdough Transmission Main: Design the replacement of the existing 30" Sourdough
Transmission Main from the tee to the Sourdough Reservoir to the first valve configuration
approximately 270' to the south. The existing 30" diameter concrete cylinder pipe will be
replaced with ductile iron pipe. Thc work will entail a constructability review to analyze
coordination of this work with the other improvements and operation of the plant, designing the
connection to the existing concrete cylinder pipe (including valving) and preparing construction
plans and specifications for the work.
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.
2.2. Thc 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 such information as may have a bearing on the work from local units of government,
public, and private organizations and shall be 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 be in accordance with the standards of sound engineering practices.
2.5. The ENGINEER shall name a Principal-In-Charge for the duration of the projcct. The Prineipal-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 the OWNER.
The Project Manager shall be Greg Stratton, P.E. The OWNER may name a Task Director who would be the liaison between
the ENGINEER and the OWNER during the design segment of the Project.
2.7. The ENGINEER shall submit an estimated progress schedule at the beginning of the work, and monthly progress
reports thereafter until the project is completed.
ARTICLE 3 - OWNER'S RESPONSIBILITIES
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4.1.1 Consult with OWNER to clarify and define OWNER's requirements for the Project and review available
data.
3.1 The OWNER shall name a Task Director who shall be the liaison between the ENGINEER and the OWNER during
DESIGN segment of the Project. The Task Director designated shall be Sue Stodola, P.E.
3.2 The OWNER shall have the right of review and examination of the ENGINEER'S work at all times.
3.3 Thc OWNER shall make available all reeords (as-built drawings, construction records, etc.) indicating the existing
configuration of the city utilities.
3.4 The OWNER will be responsible for Advertising Bid Openings.
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3.5 The OWNER shall attend the pre-bid eonferences, 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:
4.1.2 Advise OWNER as to the necessity of OWNER's providing or obtaining from others, data or services and
assist OWNER in obtaining such data or services.
4.1.3 Identify and analyze requirements of governmental authorities havingjurisdietion to approve the design of
the Project and participate in eonsultations 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 review of OWNER's existing budget authority applicable to various
alternatives.
4.1.6 Prepare a Report containing schematic layouts, sketches and conceptual design criteria with appropriate
exhibits to indieate 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 findings and recommendations. This Report will be accompanied by ENGINEER's opinion of
probable costs for the Project, including the following which will be separately itemized: Construction Cost,
allowance for engineering eosts 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 ofland 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".
4.1.7 Furnish five (5) eopies of the Study and Report documents and review them in person with OWNER.
Sourdough Bypass & Storage Tanks Altitude Valves
4.1.8 Pre-design Investigation Phase services have been provided under a separate
agreement.
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4.2 PRELIMINARY DESIGN PHASE
After acceptance of the pre-design rcport and receipt of written authorization to proceed with the Preliminary Design Phase,
ENGINEER shall:
4.2.1. In consultation with OWNER determine general scope, extent and charactcr 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: Spccific items to be addressed in the design report will include, but not be
limited to:
4.2.3.1. Summary of construction requirements with appropriate drawings for cach task included in the
proj ect.
4.2.3.2. Plans for providing water and sewer services for affected properties during construction.
4.2.3.3. Summary geotechnical report for specific tasks, if needed.
4.2.3.4, Special design considerations for Project tasks with conditions not covered In standard
construction methods or specifications.
4.2.3.5. A traffic control plan for each project task, if necessary.
4.2.4. Design and Construction Survey: The ENGINEER shall conduct additional design field survey of the
project areas, as identified during the Pre-design Phase, for locating existing utilities (such as gas, power, telephone,
TV cables, water and sewer lines, irrigation facilities, fences, and approach driveways), existing right-of-way and
easements, and making measured drawings of or investigating conditions of existing facilities. The ENGINEER
shall provide suitable horizontal and vertical reference control points for the construction phase.
4.2.5. Pcrmits and Rights-of-Wav: 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 Basie Engineering Serviees will be
based on data available from design surveys and courthouse records.
4.2.6. Geotechnical Explorations and Analvsis: The ENGINEER shall conduct geotechnical explorations and
analysis, as determined during the Pre-design Phase, for project design and bidding. A geotechnical report 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 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 others for other purposes.
4.2.7. Preliminary Plans and Specifications. Prepare preliminary construction plans and specifications with
information which addresses the special features of each project task.
4.2.8. Based on the information contained in the preliminary design documents, ENGINEER will submit a revised
opinion of probable Total Project Costs to the OWNER.
4.3.1. On the basis of the accepted Preliminary Design documents and the revised opinion of probable Total
Projcet 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 ofthe work to be furnished and performed
by the Contractor(s) suitable for use in the project bidding and construction.
4.2.9. ENGINEER shall prepare and furnish complete copies of preliminary bidding documents and design report
as requested to OWNER and at thc same time furnish copies as directed by OWNER to agencies 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 review and approve the design, and assist owner in securing such approvals; and review documents in
person with OWNER and review authorities, and, if necessary, conduct a plan-in-hand sitc 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.
The Preliminary Design Phase will be completed and submitted within 75 calendar days following written authorization from
OWNER to ENGINEER to proceed with that phase of services.
4.3 FINAL DESIGN PHASE
After written authorization to proceed with the Final Design Phase, ENGINEER shall:
4.3.2. Advise OWNER of any adjustments to the latest opinion of probable Total Project Costs caused by 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 review 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, special provisions, technical specifications, and standard drawings, and other related contract
documents in conformance with the latest edition of the Montana Public Works Standard Specifications (MPWSS)
and City of Bozeman Modifications to MPWSS adopted by the City of Bozeman.
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 30 calendar days following written authorization from OWNER to
ENGINEER to proceed with that phase of services.
4.4 BIDDING OR NEGOTIATING PHASE
After written authorization to proceed with the Bidding or Negotiating Phase, ENGINEER shall:
4.4.1. Assist OWNER in advertising for and obtaining bids or negotiating proposals for construction contract(s)
and record prospective bidders to whom Bidding Documents have been issued, receive and process deposits for
Bidding Documents and conduct pre-bid conferences.
4.4.2. Provide interpretation or clarification to prospective bidders regarding the Bidding 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
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portions of the work as to which such acceptability is required by the Bidding Documents.
4.4.4. Consult with OWNER concerning and determine the acceptability of substitute materials and equipment
proposed by Contractor(s) when substitution prior to the award of contracts is allowed by the Bidding Documents.
4.4.5. Attend the Bid opening, prepare bid tabulation, evaluate bids, assess biddcrs' responsivcness and
rcsponsibility and make award recommcndation to OWNER.
4.4.6 Facilitate contract award, and the execution and distribution of the contract documents for construction,
materials, equipment and scrvic,cs. Furnish Owner two original signature sets of executed contract documents
(including design drawings, specifications and contraets). Furnish contractor with one set of original signature
executed contract documents and up to three sets of construction documents.
4.5 CONSTRUCTION PHASE
The responsibilities of the ENGINEER during the Construction Phasc are summarized as follows:
4.5. I. General Administration of Construction Contract. ENGINEER shall consult with and advise OWNER and
act as OWNER'S representative as provided 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 be issued through ENGINEER who
will have authority to act on behalf of OWNER to thc extent provided in the General Conditions except as otherwise
provided in writing.
In addition to the services provided under Article 10 (Exhibit A) the ENGINEER shall provide the following services
during construction:
4.5. I. I Schedule and conduct a pre-construction conference.
4.5.1.2 Provide personnel, equipment and supplies for construction layout and control, including
cstablishment of line, grade, and blue top control staking.
4.5.1.3 Review Contractors' construction schedules and operations, and the Contractors' traffic control
plans and its implementation prior to the start of construction.
4.5.1.4 Ascertain that the Contractor has secured required permits needed to accomplish his work.
4.5. 1.5 Prepare and provide weekly aetivity and progress reports to the City's Task Director.
4.5.1.6 ENGINEER shall provide OWNER copics 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 performed
in accordance with thc Contract Documents.
4.5. 1.8 Review and approve, 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. I. I 0 Prep arc for OWNER'S approval any plan and specification changes which due to any initial
I) Concrete strength, air content and slump
2) Embankment, trench backfill, and gravel and pavement densities
3) Aggregate gradations
4) Plant mix strength, flow and asphalt content
design or engineering deficiencies are required to complete the project original design concept.
4.5.1.11 Inspect the project and when appropriate, and after conferring with OWNER, issue a Certifieate of
Substantial Completion to the Contractor.
4.5.1. I 2 Prior to recommending 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 project completion ENGINEER shall certify in writing
to the OWNER, and any required regulatory agencies, that the construction was completed in accordance
with the approved plan~ and specifications and is performing in accordance with the design concept.
4.5. I .13 Eleven months after project substantial completion schedule and conduct with the Owner a One
Year Warranty Inspection of the project and advise the owner in writing whether project deficiencies exist
and if the project is 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
REPRESENTATIVE., attached to and made part of this Agreement.
The ENGINEER shall submit to the OWNER, for review and acceptance, the resume of each Resident Project
Representative who may be assigned to the job sitc during the course of the Project not less than 10 ealcndar days
prior to the pre-construction meeting. Any subsequent change in the resident representative shall also be subject to
the OWNER'S approval.
4.5.3 Limitations ofResDonsibilities. 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 be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with
the Contract Documents; however, nothing contained in this agreement shall be construed to release ENGINEER
from liability for failure to properly perform duties and responsibilities assumed by ENGINEER in 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-BuiIts"),
b) written monthly progress reports, and c) a project notebook eontaining sueh correspondence and documentation as requested
by OWNER.
4.7. CONSTRUCTION TESTING
The inspection services shall include material testing and verification of contract compliance withjob site requirements, plans
and speeifications.
The ENGINEER shall provide and maintain dctailed documentation of the following material testing:
ARTICLE 5 - ADDITIONAL SERVICES
5. I. If OWNER wishes ENGINEER to perform any of the following Additional Services, OWNER shall so instruct
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ENGINEER in writing, and ENGINEER shall perform or obtain from othcrs such services and will bc paid therefor as
provided in the Agreemcnt:
5.1.1.
Legal land surveys performed to obtain data for preparing easements and rights-of-way descriptions.
5. 1.2. Preparation of applications and supporting documents for governmental agencies in addition to those
required under Basic Serviccs; preparation or rcview of environmental studies and related services; and assistance in
obtaining cnvironmental approvals.
5.1.3. Services resulting from)>ignificant changes in the general scope, extent or character of the Project or major
changes in documentation previously accepted by OWNER where ehanges 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
fumished by the OWNER as elsewhere herein described.
5.1.7.
Furnishing the scrvices of independent professional associates or consultants for other than Basic Services.
5.2. When required by the Contract Documents in circumstanccs 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 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 eontract 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 dircct 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
causes during construction, (2) a significant amount of defective or neglected work of any Contractor, (3)
acceleration of the progress schedule involving services beyond normal working hours, (4) default by any Contractor.
ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE
Pre-design services have been provided under a separate agreement.
6.1 LUMP SUM PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER
6.1. I The OWNER shall pay for preliminary and final design phase services performed as Basic Engineering
Services under sections 4.2 through 4.4 of this agreement a lump sum payment in the amount of $58, 117.00 for
sueh services.
6. 1.2 Payment Schedule. Total cumulative payments for the preliminary and final design phase engineering
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services (sections 4.2 through 4.4) shall not exceed the following ceilings:
$43,?~.lLQQ (75 % of design fee) until the Preliminary Plans and Specifications are submitted to the OWNER and
rcview authorities.
$52,305.00 (90% of design fee) until the Final Plans and Specifications are submitted to the OWNER and review
authorities.
6.1.3 General, Engineer shall submit monthly statemcnts for services rendcrcd. The statements shall bc based
upon Engincer's estimate of the proportion of the total serviccs actually completed at the time of billing, subject to
any limitations on Payments based on completion of tasks or specif1c retainagc requirements pursuant to thc payment
provisions of the Agreement.
6.1.4 Reimb\.lrsable Expenses. Only those expcnses specifically identified for payment under section 6.2 of this
Agrecment are reimbursable. All other design related expcnses are included in the Lump Sum Payment for the Basic
services (4.2 through 4.4) and are not separatcly reimbursable. Additional Services spccifically identified under the
scope of design services for payment under 6.1 are not separately rcimbursable.
6.2 DIRECT LABOR COST J>A YMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER.
Construction and project documentation services performed as Basic Engineering Services under sections 4.5 through 4.7
including General Administration of Construction Contract, Resident Project Representation, Project Documentation, and
Construction Testing, shall be compcnsated in accordance with the following:
6.2. I The OWNER shall pay for Construction Phase and Project Documentation Services an amount not to
excccd $37,039.QQ for such services except as provided under 6.2.1.2 and 6.2.4.
6.2.1.1 f.:95ts Compensgti.Q.!!. Compensation for thcse services shall be based on the ENGINEER's Direct
Labor Cost times a factor of~ for services rendered which shall covcr Direct Lahor, Direct Labor
Overhead, General & Administrative Overhead and Profit.
6.2.1.2 Notification. At any time during the construction that it becomes apparent that the Construction
Phase and Project Documentation Services rendered under this Agreemcnt will exceed the ncgotiated
compcnsation for thcse services, and prior to performing services in excess of the contract ceiling, the
ENGINEER shall givc 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 under paragraph 6.2.1.3. Ifit is dctcmlined that
due to a change in project scopc under paragraph 5.2. I, the ENGINEER is entitled to additional
compensation, OWNER and ENGINEER may negotiate terms as provided under 6.2. I .1. The amount and
terms of any additional compensation under 6.2. I. I or 6.2.1.3 shall be negotiated and agreed in writing
pursuant to 9.16.
6.2.1.3 Lgsts Exceedil1g,Estimated Comp~ensation. Except as allowed under 5.2. J, when the total cost of
the original scopc Construction Phase and Project Documentation Services exceeds the ncgotiated
compensation for these services, the OWNER shall pay only for the direct costs incurred in excess of the
estimated compcnsation. These costs consist of an amount equal to the ENGINEER'S Direct Labor Cost
times a factor of 2.6L for services rendered which shall includc Direct Labor, thc federally audited payroll
Direct Labor Overhead, and Gencral & Administrative Overhead costs, but shall not include any allowance
for profit.
6.2.2. Reimbursable Expenses, as defined in scction 7.4 of this Agrecment, for Basic Scrvices and Approved
Additional Scrvices shall bc paid to the ENGINEER by the OWNER in the actual amount of the costs incurred up to
an amount not to exceed $2.976.00 which jncludes $0.00 for consultants cmployed by the engineer and $2,,976.00 for
all other reimbursable expenses. Thc cstimated reimbursable expenses are identified in Exhibit "~".
$ 43.401hour
$ 32.72lhour
$ 26.041hour
$ 21 .03lhour
$ 18.031hour
$ 18.031hour
$ 18.031hour
$_21.03Ihour
$ 44.001hour
$ 14.031hour
6.2.3. Failed Test Expen~g. 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 The OWNER shall pay an amount for Additional Scrvices 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 3.0, or an amount
otherwise negotiated at the time such services are requested and approved by the OWNER.
ARTICLE 7 - MEANING OF TERMS
As used herein the term "this Agreement" refers to the contents of this document and its Exhibits attaehed hereto and referred
to as if they were part of one and the same document.
7.1 AGREEMENT
7.2 CONSTRUCTION COSTS
The construction cost ofthe entire Project (hcrein 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 ofIand, 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 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 engaged
directly on the Project, including, but not limited to, cngineers, architects, surveyors, designers, drafters, specification writers,
estimators, other technical and business personncl; 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 Direct Labor Costs are:
Principal
Senior Engineer
Project Manager
Staff Engineer
Senior Technicians
CADD Drafter
Technicians
Construction Inspector
Two Person Survey Crew
Clerical
7.4 REIMBURSABLE EXPENSES
Reimbursable Expenses mcan 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 incidental
thcreto; obtaining bids or proposals from Contractor(s); subsistence and transportation of Resident Project Representatives and
their assistants; toll telephone calls and telegrams; reproduction of reports, Drawings, Specifications, Bidding Documents and
similar Project-related items; and if authorizcd in advance by OWNER, overtime work requiring higher than regular rates. In
addition, when compensation for Basic Serviccs is on the basis of Direct Labor Costs mcthod of payment, Reimbursable
Expenses will also include the amount billed to ENGINEER by special consultants employed by ENGINEER and authorized
by OWNER (other than as an authorized Additional Serviccs) and will also include cxpenses incurred for eomputer time and
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9.1.5 Upon termination, the OWNER may take over the work and may award another party an Agreement to
complete the work under this Agreement.
other specialized equipment, including an appropriate charge for previously established programs and expenses of
photographic production techniques.
ARTICLE 8 - PAYMENT PROVISIONS
8.1 TIMES OF PAYMENTS. ENGINEER may submit monthly statements for Basic Services and approved Additional
Services rendered and for Reimbursable Expenses incurred; however, payments shall not exceed the ceilings provided in 6.1
and 6.2. final payment shall be made only after acceptance of the project by the OWNER. If OWNER disputes the amount of
the billing, OWNER will notify the ENGI~EER 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 reimbursable costs, total period billing, and total
cumulative billing. When requcsted by OWNER services for distinct project segments shall be accounted and billcd
separately.
8.3 PAYMENT UNDER TERMINATION. In the event of termination by the OWNER upon the completion of any
phase ofthe Basic Services, progress payments due ENGINEER for services rendered 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 independent professional associates and consultants employed by
ENGINEER to render Basic Services, and paid for services rendered during that phase on the basis of the payment provisions
ofthe 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 under this agreement.
ARTICLE 9 - GENERAL CONSIDERATIONS
9.1 TERMINATION OF AGREEMENT
9. I. I The sole right is hereby reserved to the OWNER to terminate this Engineering 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 price provided for in
this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed serviees or
other work, and (2) any payment due to the ENGINEER at the time of termination may be adjusted to cover any
additional costs to the OWNER because ofthe ENGINEER's default. Iftermination for convenience is effected by
the OWNER, the equitable adjustment shall include a reasonable profit, as detennined by owner, for services or other
work performed. The equitable adjustment for any termination shall provide for payment to the ENGINEER for
services rendered and expenses incurred prior to the termination, in addition to termination settlement costs
reasonably incurred by the ENGINEER 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 (1) promptly discontinue
all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the OWNER
within ten (10) days copies of all data, design drawings, specifications, reports, estimates, summaries and such other
information and materials as may have been accumulated by the ENGINEER in performing this Agreement, whether
completed or in process.
9.1.4 In the event this Contract is terminated prior to completion, the original copies of the ENGINEER'S data,
recommendations, plans, specifications, analysis and other related documents prepared by the ENGINEER prior to
said termination shall be delivered to and become the property of the OWNER.
9.1.6 OWNER'S right to terminate is in addition to any other remedies OWNER may have under the law.
H. \0417\033\DOCS\ContractS\50Urdough_Agreemnt .eng _doc 11
9.7.1 The ENGINEER shall comply with all Federal, State, and Local laws and ordinances applicable to the work
to bc done.
9.2 INSPECTION AND AUDIT
All books, papers, records, payrolls, vouchers and invoices relating to costs and expenditures ineurred as to the performance of
the services by the ENGINEER hercunder shall be made available to the OWNER, or their authorized rcpresentatives for audit
and review, at the ENGINEER'S respective offices at all reasonable times during the contract period and for three years from
the date of final payment.
9.3 EMPLOYMENT
The ENGINEER warrants that he has not employed or retained any company or persons, other than a bona fide cmployee,
working solely for the ENGINEER, to solicit to sccure 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 fec, commission, percentage, brokerage fee,
gifts or any other considerations contingent upon or resulting from the award or making of this Contract. For breach or
violation of this warranty, the OWNER shall have thc right to annul the Contract without liability or in its discretion to deduct
from the price or consideration or otherwisc recover the full amount of such fee, commission, percentage, brokerage fee, gift or
contingent fee.
All employees of the ENGINEER or other persons while engaged in the performance of work or services required by the
ENGINEER shall be considered employees of the ENGINEER only and not of the OWNER.
9.4 NONDISCRIMINATION
The ENGINEER will not discriminate on the basis of race, color, religion, creed, political ideas, sex, age, marital status,
national origin or disability in employment or provision of services. The ENGINEER shall be subject to and comply with Title
VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder.
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 scrvices under this agreement, the ENGINEER will perform in a manner consistent with the degree of care and
skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any service
should be found to be not in conformance with this standard, the ENGINEER shall, at the OWNER",s request, re-perform the
service at its own expense. Engineer shall also, at its own expense, make such ehanges, modifications or additions to the
project which are made necessary as a rcsult of the initial non-performance or the re-performance of services. T}le OWNER",s
rights herein are in addition to any other remedies the OWNER may have under the law.
9.7 LEGAL RELATIONS
9.7.2 The ENGINEER agrees to indemnify, hold harmless, and defend the OWNER, its officers, directors, agents,
and cmployees from and against any suits, causes of action, claims, demands, damages, costs, expenses, obligations,
and liability of any character, including attorney's fees, arising out of or resulting from or in connection with the
ENGINEER's negligent performance ofthe services specified in this agreement. In the event the OWNER is found
proportionately responsible, the ENGINEER will be held rcsponsible only for those damages, costs, attorney's fees,
and liabilities as are attributable to the ENGINEER'S percent offault as compared with 100% of the fault giving rise
to the damages.
>>,\0417\OJ3\DOCS\Contracts\SourdoU9h_A9reemnt.en9.doc 12
Employers' Liability
$ 100.000 per accident
9.7.3 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, claims, demands, damages, costs, expenses, obligations,
and liability of any character, including attorney's fees, arising out of or resulting from or in connection with the
ENGINEER's non-negligent performance 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 liabilities as are attributable to the ENGINEER's percent of fault as compared with 100% of the fault giving
rise to the damages.
9.7.4 In an appropriate case iJl 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 Attomey or other in.house
counsel.
9.7.5 The indemnity required herein shall not be limited by reason of the specification of any particular insurance
coverage in this agreement.
9.7.6 The ENGINEER shall perform this agreement as an independent contractor, and as such, is responsible to
thc OWNER only as to the results to be obtained in thc work hcrein specified, and to the extent that the work shall be
done in accordance with the terms, plans and specifications. The ENGINEER shall have and maintain complete
control over all of its employees, subcontractors, agents and operations, being responsible for any required payroll
deductions and providing required benefits, such as, but not limited to, workers' compensation with statutory limits
and unemployment insurance.
9.8 INSURANCE
The ENGINEER shall secure and furnish to the OWNER certificate of insuranee, therein, naming the OWNER as an
additional insured, to include thirty (30) days notice of cancellation or non-renewal.
Without limiting any of ENGINEER 's obligations hereunder, ENGINEER shall secure and maintain, until the work
is completcd and accepted by the OWNER, insurance coverage naming the OWNER as additional insured with
minimum insurance coverage as follows:
Type of Coverage
Limits
General Liability
Bodily Injury & Property
Damage Single and eombined
$1.000.000 per accident
General Aggregate:
$2.000.000
Excess Liabilitv coverage (umbrella)
$ I .000.000 each occurrence
Automobile
Bodily Injury covering all
automobilcs, trucks, tractors,
trailers, or other automotive
equipment whether owned or
rcnted by Engineer or owned
by employees of Engineer.
$ 1.000.000 each person
$ 1.000.000 each occurrence
Property Damage covering
all automobiles, trueks, tractors,
$ 100.000 each occurrence
H,\0417\033\DOCS\Contracts\sourdou9h~~9reemnt.en9.doc 13
trailers or other automotive
equipment whether own cd or
rentcd by Engineer or owned
by employees of Engineer
OR
Bodily Injury & Property
Damage Single and combined
$ I .000.000 each occurrence
In addition to the above insurance coverage, the ENGINEER shall secure and maintain, until the work is completed
and accepted by the OWNER, )lnd without naming OWNER as an additional insured, professional errors and
omissions coveragc as follows:
Professional Errors & Omissions
$1.000.000 per claim and
aggregate each occurrence
9.9 ENDORSEMENT
The ENGINEER shall place his endorsement on all drawings and other data furnished by him.
9.10 OWNERSHIP OF DOCUMENTS
The parties admit and agree the documents produced under this agreement are not intended or represented to be suitable for
reuse by OWNER or any other individual on any other project. Any reuse without written verification or adaptation by
ENGINEER will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER's
independent professional associates or consultants. Files in electronic media format oftext, data, graphics, or of other types
that are 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.
9.11 PUBLIC INFORMATION
The ENGINEER shall not issue any statements, releases or information for public dissemination without prior approval of the
OWNER.
9.12 PROPRIETARY RIGHTS
If patentable discoveries or inventions should result from work required herein, all rights accruing from such discoveries or
inventions shall be joint property ofthe ENGINEER and the OWNER. Provided that the OWNER, state agencies or political
subdivisions and the United States Government shall have the irrevocable, nonexclusive, nontransferable and royalty-free
license to use each invention in the manufacture, use and disposition, according to law, of any article or material, and in the use
of any method that may be developed as part of the work described and contemplated herein.
9.13 RECORDS
The ENGINEER shall maintain accounting records and other evidence pertaining to the cost incurred and to make the records
available at all reasonable times during the Contract term and for one (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, agreements and all statements in this Contract apply to and shall be binding on the heirs, personal
representatives, successors and assigns of the respective parties.
H,\0417\033\DOCS\Contracts\Sourdough_Agreemnt.eng.doc 14
DATE:
July 28, 2003
DATE:
t t.J .J c:> I '1"
?oo3
9.15 ATTORNEY'S FEES AND COSTS
That in the event it becomes necessary for either Party of this Contraet 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 ofin-house counsel to includc City Attorney.
9.16 MODIFICATIONS AND AMENDMENTS
That any amendment or modifieation ofthts Contract or any provisions herein shall be made in writing or executed in the same
manner as this original document and shall after execution become a part of this Contract.
In witness Whereof, the Parties hereto do make and execute this Agreement.
BY:
(City Manager)
1-1
-
MORRISON-MAIERLE, INC.
J~ p-.
) (-
BY: d'7S:- K-- /- . ...... '"----
-- (Vice-PresIdent)
CITY OF BOZEMAN, MONT ANA
ATTEST:
By:(l~ 07 2dJ~~
(Clerk of Commission)
H,\0417\033\DOCS\Contracts\Sourdough_Agreemnt.en9-doc 15
EXHIBIT A
TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL
SERVICES
ENGINEER'S STATUS DURING CONSTRUCTION
This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on
between CITY OF BOZEMAN (OWNER) and MORRISON-MAIERLE. INC. (ENGINEER) providing for
professional engineering services.
ARTICLE 10 - ENGINEER'S STATUS DURING CONSTRUCTION
10.1. OWNER=S REPRESENTATIVE
ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the
limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract
Docmnents 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 Wark 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 deficieneies 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 LIMITATIONS 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 therefor as
provided in the General Provisions of the construction Contract Document.
10.5. AUTHORIZED VARIATIONS IN WORK
H, \0417\033 \DOCS\Contracts\Sourdough_Agreemtlt .eng .doc 16
10.10.1. 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 excrcise 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
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 therefor as provided in the General Conditions of the Construction Contract.
10.6. REJECTING DEFECTIVE WORK
ENGINEER will have authority to disapt:irove 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 shan 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 shan 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 shall 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 otherwise) to
OWNER.
10.9. DECISION ON DISPUTES
10.9.1. ENGINEER will be the initial interpreter ofthe requirements of the Contract Documents and judge of the acceptability
of the Work thereunder. Claims, disputcs and other rnatters relating to the acceptability ofthe Work or the interpretation ofthe
requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under The General
Conditions ofthc Construction Contract in respect of changes in the Contract Price or Contract Time will be referrcd initially to
ENGINEER in writing with a request for a formal decision in accordancc with this paragraph, which ENGINEER will render in
writing within a rcasonable time. Written notice of each such claim, dispute and other matter shall be promptly rcported and
copied to the OWNER.
10.9.2. When 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 respect to any such claim, dispute or
other matter will be a condition prccedent 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. I O. LIMITATIONS ON ENGINEER'S RESPONSIBILITIES
H,\04l7\033\DOCS\Contract.\sourdough_Agreemnt.eng.doc 1 7
H.\0417\033\DOCS\Contracts\Sourdough_Agreemnt.eng.doc
18
Work, or to any surety for any of them.
10. I 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 are used to describe a requirement, direction, review or judgment of ENGfNEER as to the
Work, it is intended that such requirement, direetion, review or judgment will be solely to evaluate the Work for compliance with
the Contract Documents (unless there is a specific statement indicating otherwisc). The use of any such term or adjective shall
not bc effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work
or any duty or authority to undertake responsibility contrary to the provisions of paragraph 4.5.3.
H,\O~17\033\DOCS\Contracts\Sourdough_Agreemnt.eng.doc
1
EXHIBIT B
TO AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES
A LISTING OF THE DUTIES, RESPONSIBILITIES AND
LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT
REPRESENTATIVE.
This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on
between CITY OF BOZEMAN (OWNER) and MORRISON-MAIERLE, INC. (ENGINEER) providing for
professional engineering services.
ARTICLE 11 - DUTIES. RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT
PROJECT REPRESENT A TIVE
ENGINEER shall furnish a Resident Project Representative (RPR), assistants and other field staff to assist ENGINEER
in observing performance of the work of Contractor.
Through more extensive on-site observations ofthe 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 CON TRACTOR; 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
11.2.1. 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.
11.2.4.1. Record date of receipt of Shop Drawings and samples.
11.2.3. Liaison:
11.2.3.1. 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.
11.2.4. Shop Drawings and Samoles:
11.2.4.2. Receive samples which are fwnished 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 W orkrequiring 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 ENG INEER ofW ork
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.
1 I .2.5.4. Accompany visiting inspectors representing pub lic or other agencies having jurisdiction over
the Project, record the results of these inspections and report to ENGINEER.
1 1.2.6. 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 in 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
H. \0417\033\nOCS\Contracts\Sourdough_Agreemnt .eng .doc 2
11.2.12.3. Conduct fmal inspection in the company of ENGINEER, OWNER, and CONTRACTOR
and prepare a final list of items to be completed or COrrected.
Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the
execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents,
progress reports, and other Project related documents.
11.2.8.2.Keep a detailed and accurate diary or log book, reeording 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 ofW ork 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.
11.2.9. Reports:
11.2.9.1.Fumish ENGINEER periodic reports as required of progress of the Work and of
CONTRACTOR's compliance with the progress schedule and schedule of Shop Drawing and sample
submittals.
I 1.2.9.2. Consult with ENGINEER in advance of scheduled major tests, inspections or start of
important phases of the Work.
11.2.9.3. 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.
I 1.2.9.4. 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 ofthe payment requested to the schedule of values, Work completed and materials
and equipment delivered at the site but not incorporated in the Work.
11.2.1 I. Certificates. Maintenance and 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 actually installed and in accordance with the Contract Documents,
and have this material delivered to ENGINEER for review and forwarding to OWNER prior to fmal payment
for the Work.
11.2.12. Completion:
11.2.12.1. Submit to CONTRACTOR, and ENGINEER a list of observed items requmng
completion or correction before ENGINEER may issue a Certificate of Substantial Completion.
11.2.12.2 Assess completion or correetion 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.
11.2.12.4. Observe that all items on fmal list have been completed or corrected and make
recommendations to ENGINEER concerning fmal acceptance.
H, \0417\033\Docs\contr..cts\Sourdough_Agreemnt .eng .doc 3
H, \0417\033\DOCS\ContractS\Sourdough_Ag<..ernnt .eng .dOC
4
11.3, LIMIT A nONS OF AUTHORITY
Resident Project Representative:
1 1.3 .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 specifieally
required by the Contract Documents.
1 1.3.5. 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 partieipate in speeialized field or laboratory tests or inspections conducted by others except
as specifically authorized by ENGINEER.
E:IENGlNEERiFORMSILegaIIPro!ess. Servo Agree.wpd
MORRI$ON-WJERlEJCSSA FjLENME Soudough l!lwas;s . Pr~ec1 OtlSigrn EXHIBIT C . pag e 1 of 3 WORD PROCESSING RATE .$100.00 IHR WAFi:Y AOJIJST!r.ENT MUL nl 1
Pfl:OJECr ES1lMATlNG SHEET OA~. ........" fRNG% 0HE.A0'f. PROFIT%- ENGINEc~ COM='VTER RATE $100.00 IHR F'ROFEs.sw:::t-W. seRVlce PrNL 1.1
PREPARED ev: "'. 50 .... 12.37% 15.00% 2.9951 VEHICLE RATE $0.53 '" EXPENSE Pr.IJL TlPl ,
TV>UNOW\ PRQ.J. NUY3ER: 417.003 CADO cor.FUTER 110.00 IHR
I
$!55,on u.BOR COSTS EXPENSE S TOTAlS & PERCENT
OEP, HD SR. P.... P.'" ::IAQJ. ENG;r N'F ENa ENG TECH ORAFT ......... CLER , , , , , , , 1.1 , , , , ,
Rare Role ..... ..... R.Ie Role R.Ie R.Ie Ro1o TOTAL TOTAl
R_..... 43.40 :12.12 20.0< 20.0< 21.03 t&.G3 11.69 H.38 '(_-G2 '-"'Oft PRINllNG EXPENSE TOTAL
Chwoo R". """"\ '3000 ".00 78.00 18.00 63.00 54.00 35.00 52.00 4200 COST COMPANY Tedvd:Ig'j PERCIEM 'EQUIP PRCf'. I!ILLJPRNT WIPS -& FREIGHTI PROJECT ITEMS FEE
I ASKlDEPT HOURS HOURS HOURS HOUR' HOURS HOURS HOU RS HOUR HOURS VEHICLE CMrne CHARGE SERVICE COP\' PHOTOS POSTAGE SUPPLIES
COllll/;ll wdth- OW,.. 2 . , 12 '0 ,.
,.. .,. 04 $004 15 ,. .., 933.3
-.... , 2 . . '500
I'''' ,,. S21!12 sa S11!1SO 1'050 S1 g.40
AGdlJcnal S~ , , 4 . " " 1'00
170 Ill' 1200 I"'. 15 m 1'00 $111 l406
Prtollrninarv o.aJ,gn
Soudout;tl B:.'P&$I
..,.,.- . ,
1704 "84 17M
P~IngOe!iigrl , " >4 ..
1'5ll $2.016 S2".72 160 <eo S2,2"40
V_, 8 . ,. "
lB" S2ee- 1904 I" 112 I'"
""""""'" ,. . 2' 4Il
t.... 12eo $1521!1 148 148 $1516
Wall Penetrltionl , 8 '0
1'56 1501 l660 , l66ll
Pre$$lft Gage . 4 .
S3-~2 $312 lB SO $J20
-Sourd:oUililh R....volr
Motor CDnIrol . . .
S3-~2 I''''' l452 $015'
V....ISQlillion 4 4 8
S3-~2 $312 SO SO $320
SourdoUVn. 9uiId;ln;
-StrL.ICI..... . .. 5ll '0 l5D
"84 S3;024 $3'" $5 l5D $55 $386:3;
HVAC . . t.
"84 17M $'. $" saoo
Elec::ln:::. .. .. eoo
$4,'''' $470< $313 S316 18,022
... PIon , . '0 20
1'56 1501 l660 120 l2D lOBD
"'- ,-
$4.334 $4,'''' $4,>4
Coor''''''' ,. ,.
S1.248 :5-1,2.t8 $1248-
HlIttop R.....\IO...
Cg.rllroll-
0-01 " , 20 40 4000
I'" S21!1G $1218 140 $4.400 $4,440 $5656
CoordiRale ,. to 32
11.248 $1,24E1 $32 I" $' 280
Eleclrical .. " ,.
, ,.. It '84 130 136 I' eoo
ProJecIM....el "" . .. oe 500 25
U12G "" 1,.50 loe 1550 125 SB-7t $4,117
D..~ n Report 24 4 " 56 25
Sf.en $'" S2040 150 125 lB' 52 1:2"1
au..1Iy AMurenc. 21 28 50
$3.640 $3 840 50 I'" $"...
Ag.nc;y~. 8 4 " ..
lB" $'" 1m I" 124 so,.
CoRllTucllon E.tImateo. t. ,. "
S1.:i!'4B S1,248 132 132 $12M
FJn&I~n
Final PIIIM & Spal;' ,. '0 . .. 120
11.243 l2,520 l200 $4.D4Il $120 $1213 $4-,176
I!I1dP.c:kaglng I. , 24 ..
11,248 1330 1'584 148 148 $1.1332
PNna.g. and Coordlmll. .. 24 ..
$1,1872 $1872 148 $4l! 1..820
~TOTAL .{dil!fS) '.5 as 1'.25 HU75 17.:].75 4.5 D.' '.25 71
- HOURS ,. .. 90 '5' ". 30 4 ,. SOB "'0 840 '00 0940 50 ..,
- DOLLARS ,..., SOHI ",,"0 '" '" .'" " '"0 fXO " 0'" "2m .,,.. "'0 <100 '''934 '50 ..., .,,"'" 'to;'...C-7!3-
ACes
UORRlSON-MAJERlEJC SSA fllfNAAE Sourdoug/'l 8W8li$ . Con:Ilndon EXHIBIT C . Palle 2 of 3 WORD PROCESSING RATE 110.00 IHR SAlARY ADJUSTMENT WL lJ.j 1
PROJECT ESTlr.M.lIND SHEET DATE: 1l-JuI-O' FROO'" OHEAD'%. Pfi:OFIT% EN<3lNEERINO COMPUTER RATE 110.00 IHR PROFESSIONAl.. SER~E Mi\ '.1
PREPARED a..... OJS 56_Be'%. 72.I!IN ~5.00% 2.'9'951 VEHlClE RATE 10.>3 11.I EXPENSE MlIL TlP1 1
"'AUNOWl PROJ. NUMBER 4t7.033 CADO CQl...PUTER 510.00 IHR
$32.655 LABOR COSTS I
E.X.PENSES TOTALS & PERCEN
OEP. HO SR. P.M. P." :IROJ_ ENG 3T AFF EN<: ENO TECH ORAFT ......., ClER , , 1 1 1 , , 1.1 , 1 1 , 1
Ra1. ..... Ra1. R.~ Ra1. R1II1e R~. ""'" R.~ TOTAl. TOTAL
RawRlI1:oI- 43-4Q 32.n 2eL04 ""'* 21..03 HL03 tt.69- 17.36 14.02 lA50R PRJNT1NG EXPENSE TOTAL
Cbw~ Ra1. """'" 130_00 98.00 18_00 71300 63_00 5400 1500 -52.00 42_00 COST COW""," Todno",", PEROIEM EQUIP PROF ~ BLU PRNT PJAPS & F HEIGHTI PROJECT ITeMS FEE
TA'=JlJ'l"jJ::P1. HOURS HOURS HOURS ""'-"'. HOURS HOURS H . HOURS HOURS VEH'CLE C"," . CHARGE SERVICE COPY PHOTOS POST AGE SUF'PUES
ConIilfUr:::tr1 Administflllion
BiI;ldinglA.d~'A.ddendum.. . . . . 3:' 20 64
$624 Jl524 1504 $336 12"" 111 164 i" $2.16J
Bid 0pe/W'IgIBk:J TatJ:5 4 . 3 '0 "
$312 5168 $430 I' I" $21 iSO'
Coolu,cto . , 10
1024 164 $:roo $700
Slakng..\.lIIyoul , " " 30 52
$'" S64ll .- i" 152 $e' 11034
Shop OrPVigS 24 40 .. '00 ,
$2.352 -53120 $5472 1'00 1100 -$5572
ObSlM'IUonIJnspec:lion '0 ,SO '''' 4SO '"0 1600 1100
9Oct-wConIract $3,120 $'9,450 112,510 12361 1'"0 11000 1100 $2.3'''' S14M'9
Con:sIruc.1iDnMalJ,agemen.t .. 1B .. ". 25
S3.744 IS72 $4..41-6 1'2B $25 $153 14.06'
Record DriSWonga , 24 " 52
1106 S1.512 11.66& 152 152 $1.720
Proj~ CIoMOUl " . 2ll
$1.243 $252 11500 I15DO
.T01 AL . (dlllys} , 10.5 t1.2S 23.5 J 3.75 55
- HOURS '4 .. ,., lOS 24 '0 ..0 51. ." 1700 125
""" 00' ".152 1655 "020 1111544 '640 1_260 ''''85' .". .." "'00 '" 2701 132055
TAGES
MC:flRl5ON.w.i€R1.EiCSSA FfLE.NME Sou'dough TrlllsmlUir.::ltll Maln ~ EXHIBIT C . Pag e 3 of 3 WORD PROCESSING RATE $1(10.00 IHR SA!..AAY ADJUSn.ENT MUl n.r ,
PROJECT ESTlPrAA.OOG SHEET DATE- o..>.JI-lJ, fRNG% OOEAD%- PROFfI'% ENGtNEERlNG Cor.FVTER RATE $100.00 IHR PRCf'ESSIONAL SERVICE r.NL 1.'
PREPAREO E1V: OJ. 50..... 72.!7% 15-.00% :2. QgS 1 VEHICLE RATE $0..62 1M EXPE.NSE MU1.. TIP!. ,
TVAl'OOW PRO). NUPrA3ER 338,li.(l12 CAOO COr.FUTER $10.00 IHR
I
57,422 lABOR COSTS EXPENSES TOTALS & P:ERCE
DEP. HO SR PM P.t.! ~OJ. ENGnAFF EN<= ENG TECH OFW"T ......, CLER 1 1 1 , 1 1 1 " 1 1 , , 1
..... Rille R.le R... Ro1. R... - R". - TOTAl.. TOTAl..
-- 43.4-0 ""72 26'" 25.04 21.03- 18.00 11.69 17.36 14.02 LABOR PRINTING EXPENSE TOTAl..
ChiJl"lYIRale rfol....\ 110.00 ..00 73.00 75.00 153.00 54.00 35.00 5:200 42.00 COST COMPAN..... Te~y PEROIEM EOVJP PRCf'. ELLU PRNT MAPS & FREIDHTI PRO..'ECT ITEMS fEE
"'=PT ><OURS HOURS H RS HCKJR ><OUR. HCKJRS HOURS HOURS HCKJRS VEHICLE Ch._ CHARGE SERVICE COPY PHOTOS POST AU E SUPPUES
Proj:er;tCoo.rdllnatlon , ,
312 S3~2 m
Addltlo./UII S~ , , 6
11'" "'" S6 $6 '110
CClnllNclablM)I AMlytJl , 4 12
$112 $312 S12 <1, UN
CO./V'lllctlctn& 'I/at'o'lng- . . '4
$62, $6" I" $24 s...
Ptdmln,uy PIa.. & SpIU 2 .. " 54
$'" $1,008 $1.1&4 154 154 $1.213
FlnIIlo.llgn 2 , . "
$'" $25:2 $400 I" $" $426
COrWru..llon. Stlll;lng , . "
$200 $'00 1<2 $12 1220
Shop o,awlnij. , , "
"'2 1312 1<2 $12 $324
ObMn';llIoWlrw;pe.ct-lcn 10 40 50 150
lQ......1W1H4:tolnltlll $7" $2.520 S3,].OO $150 1150 1'450
CClnalJ1.l~nol'1 -Mllnageme1'l't , 4 12
$312 $312 I" $12 132'4
R.cop-cl Onwlng. 1 1 ,
$6' ", 13 13 S6S
'TOT AL '[-dIl:.'Sl -4.1:5 1.625 0.7:5 "
- HOURS ,. " . 10S ""
~"R' 2 ... .,.., "" " 11. ""' '''' <742'
NTAGE5
MML No. 417.033.01
AMENDMENT NO.1
TO THE PROFESSIONAL SERVICES AGREEMENT DA TED JULY 28, 2003
BETWEEN THE CITY OF BOZEMAN, MONTANA
AND
MORRISON-MAIERLE,INC.
FOR THE SOURDOUGH BYPASS PROJECT
THIS AGREEMENT made as of the 26th day of Apri 1 , 2004,
between THE CITY OF BOZEMAN, a Municipal Corporation, P.O. Box 1230, Bozeman,
Montana, 59771-1230 (OWNER) and Morrison-Maierle, Inc., P.O. Box 1113, Bozeman,
Montana, 59771-1113 (ENGINEER) shall become a supplement to and part of the
PROFESSIONAL SERVICES AGREEMENT BETWEEN OWNER AND ENGINEER
(AGREEMENT) dated July 28,2003.
WHEREAS the parties previously entered into the AGREEMENT dated July 28,2003, for
professional engineering services to allow the Owner to make certain modifications to its Municipal
Water System; and
WHEREAS, the difficulty and complexity of designing and constructing said modifications
has required greater than anticipated efforts by ENGINEER; and
WHEREAS, the parties desire to continue with the subject construction phase services to the
completion of the construction projects; and
WHEREAS, the parties desire to amend provisions of the AGREEMENT to increase the
maximum allowable amount of payment to Engineer for design and construction phase services and
expenses.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, the parties agree as follows:
ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE
Section 6.1.1 ofthe AGREEMENT is amended, as follows:
"6.1.1 The OWNER shall pay for preliminary and final design phase services performed as
Basic Engineering Services under sections 4.2 through 4.4 of this agreement a lump sum
payment in the amount of $66,598.00 for such services."
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DATE: Apr; 1 26, 2004
DATE: o~l ~'0'" '" ,
.'
(~) \.{
Section 6.2.1 of the AGREEMENT is amended, as follows:
"6.2.1 The OWNER shall pay for Construction Phase and Project Documentation Services
an amount not to exceed $51,000.00 for such services except as provided under 6.2.1.2 and
6.2.4."
ARTICLE 7 - MEANING OF TERMS
Section 7.3 of the AGREEMENT is amended, as follows:
"7.3 ... For the purposes of this Agreement the principals and employees of the
ENGINEER maximum billable Direct Labor Costs are:
Principals $ 41.00 /hour
Project Manager $ 41.00 /hour
Senior Engineer $ 31.00 /hour
Staff Engineer $ 27.50 /hour
Senior Technicians $ 23.50 /hour
CADD Drafter $ 15.00 /hour
Technicians $ 20.00 /hour
Construction Inspector $ 25.50 /hour
Two Person Survey Crew $ 35.00 /hour
Clerical $ 12.00 /hour"
Except as specifically amended herein, the original AGREEMENT shall remain in full force
and effect and the parties shall be bound by all terms and conditions therein.
In witness whereof, the Parties hereto do make and execute this Agreement.
BY:
MORRISON-MAIERLE, INC.
BY. ~ '-'~ l i ~ L-
C~- ,--:- c ~__Y\.-- ..
C>,,~ (Vice-President)
ATTEST:
By:{if /' L~
(Clef of CommIssIOn)
II :\0417\033-0 I \DOCS\CONTRACTS\Contract Amendment No. I.doc
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