HomeMy WebLinkAbout92- Thomas, Dean & Hoskins, West Kagy Blvd Extension
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AGREEMENT FOR ENGINEERING SERVICES
DATE: SePtember 1. 1992
City of Bozeman Thomas, Dean & Hoskins, Inc.
9i!!!!1 Enllineer
411 East Main 111 North Tracy Avenue
Bozeman. Montana 59715 Bozeman, Montana 59715
PROJECT DESCRIPTION: West Kagy Boulevard Extension from South 11th Avenue to South 19th Avenue.
WORK TO BE PERFORMED: Construction staking, "blue topping", earthwork volume survey and calculations and
inspection, including construction materials testing. Estimated construction duration, according to client, is 45
days.
AMOUNT OF FEE:
[Xl The estimated fee to complete the work to be performed is $ 12.374.00 . The Client will be notified by
the Engineer prior to performing any work that would substantially increase the estimated fee.
The charge rates shall be - Construction inspector: $46/hr; Two person survey crew with equipment: $73/hr;
Mileage: $0.35/mile; Nuclear Densometer and other testing equipment: $15/day.
[l The lump sum fee to complete the work to be performed will be $ N/A
A retainer in the amount of $ N/A is required before beginning work. The amount of the retainer will be
credited toward the final billing when the services are substantially complete. The Engineer will begin work
within N/A days of receipt of an executed agreement.
PAYMENT TO THE ENGINEER:
Progress payments shall be made in proportion to the services rendered and shall be due and owing upon receipt
of the ENGINEER's monthly statement. In the event of late payment, an interest charge at the simple, annual rate
of 18% (1.5% per month) will be due to the ENGINEER for the unpaid amount and for the period of late payment.
Such interest charge is recognized as compensation to the ENGINEER for an added cost in the business
administration resulting from the deferral of a payment beyond the expected payment date. For purposes of this
Agreement, Late Payment shall be defined as Forty-five (45) calendar days from the date of receipt of the
approved billing.
This agreement is hereby accepted by the respective parties.
1. ENGINEER shall perform professional engineering and normal incidental service thereto. The ENGINEER is
authorized to proceed as of the date of this contract unless otherwise noted.
2. This Agreement constitutes written authorization for the ENGINEER to proceed. Following this authorization,
the ENGINEER will consult further with CLIENT to clarify requirements for the Project and review available data.
3. The ENGINEER intends to render his services under this Agreement in accordance with generally accepted
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professional practices for the intended use of the Project and makes no warranty either express or implied.
4. Any Opinion of the Construction Cost prepared by the ENGINEER represents his judgment as a design
professional and is supplied for the general..guidance of the CLIENT. Since the ENGINEER has no control over the
cost of labor and material, or over competitive bidding or market conditions, the ENGINEER does not guarantee the
accuracy of such opinions as compared to Contractor bids or actual cost to the CLIENT.
5. ENGINEER shall not be responsible for the acts or omissions of any Contractor, or subcontractor, or any of the
Contractor(s)' or subcontractors' agents or employees or any other persons (except ENGINEER'S own employees
and agents) at the site or otherwise performing any of the Contractor(s)' work; however, nothing contained herein
shall be construed to release ENGINEER from his responsibilities to properly perform duties undertaken by him as a
part of this AGREEMENT.
6. CLIENT shall provide all criteria and full information as to CLIENT'S requirements for the Project; designate a
person to act with authority on CLIENT'S behalf in respect of all aspects of the Project; examine and respond
promptly to ENGINEER'S submissions; and give prompt written notice to ENGINEER whenever he observes or
otherwise becomes aware of any defect in the work.
CLIENT shall also do the following and pay all costs incidental thereto:
(1) Provide such legal, accounting, and other counseling services as may be required for the project.
(2) Furnish approvals and permits from all governmental authorities having jurisdiction over the Project.
ENGINEER will obtain design approval from appropriate agencies.
(3) Pay all costs incidental to obtaining bids or proposals from Contractor(s).
(4) Pay all review and filing fees required by governmental agencies.
(5) Guarantee full and free access for the ENGINEER to enter upon all property required for the performance of
the ENGINEER'S services under this Agreement.
7. 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.
8. The obligation to provide further services under this Agreement may be terminated by either party upon seven
days written notice in the event substantial failure by the other party to perform in accordance with the terms
hereof through no fault of the terminating party. In the event of any termination, ENGINEER will be paid for all
services rendered to the date of termination, all Reimbursable Expenses and termination expenses.
9. CLIENT AND ENGINEER each binds himself and his partners, successors, executors, administrators, assigns
and legal representatives to the other party, in respect to all covenants, agreements and obligations of this
Agreement.
10. Nothing herein shall be construed to give any rights or benefits hereunder to anyone other than CLIENT and
ENGINEER.
11. The ENGINEER shall secure and furnish to the OWNER certificate of insurance, therein, naming the OWNER
as an additional insured, to include thirty (30) days notice of cancellation or non.renewal.
Without limiting any of the ENGINEER's obligations hereunder, ENGINEER shall secure and maintain, until the work
is completed and accepted by the OWNER, insurance coverage naming the OWNER as additional insured with
minimum insurance coverage as follows:
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TYPE OF COVERAGE
LIMITS
Employers' liability
General liability:
Bodily Iniury & Prooerty Damaoe combined
Automobile:
$100,000 per accident
$1 ,000,000 per accident
Bodily Iniury covering all automobiles, trucks,
tractors, trailers, or other automotive equipment
whether owned or rented by ENGINEER or owned
by employees of ENGINEER.
$500.000 each person
$1.000.000 each occurrence
Property Damaae covering all automobiles, trucks,
tractors, trailers,or other automotive equipment
whether owned or rented by ENGINEER or owned
by employees of ENGINEER.
$500,000 each occurrence
OR
Bodilv Iniury and Prooerty Damaoe Single and
combined
$500,000 each occurrence
Professional Errors and Omission
$200,000 per claim and aggregate each occurrence.
12. The ENGINEER hereby agrees to indemnify and hold the OWNER harmless from all claims and liability due
to the activities of ENGINEER, their agents, employees, or both in performing the work required.
13. 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, worker's compensation with statutory limits, and unemployment insurance.
CLI.ENT: 6~!f B07~e~~.-.. _
BY. __( ,/ (' (~ . / --?-<--;1
, Ronald F. Brey"-- ..- t
Acting City Manager
September 10, 1992
TITLE:
DATE:
TITLE:
DATE:
ENGINE
BY:
HOSKINS INC.
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