HomeMy WebLinkAbout93- Thomas, Dean & Hoskins Professional Services Agreement (3)
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PROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made as of January 10 , 19~, between THE
CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, 59771-
0640 (OWNER) and Thomas, Dean & Hoskins, Inc., 111 North Tracy,
Bozeman, Montana, (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 Reconstruct Highland Boulevard from
Kagy Boulevard northerly to the north limits of the new Hyalite
View Subdivision (north of Holly Drive) 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 REPRESENTATIVE 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:
Provide topographic site survey, project design, plans and specifications
contract documents, construction administration, and construction
staking, inspection and testing, in accordance with sections 4.1, 4.2,
4.3, 4.4, 4.5, 4.6, and 4.7 of this Agreement and EXHIBITS A and B.
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
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professional engineering representative for the Project, providing professional
engineering consultation and advice and furnishing customary civil and structural
engineering services incidental thereto.
2.2. The ENGINEER shall furnish all labor, materials, equipment, supplies,
and incidentals necessary to conduct and complete the ENGINEER'S portions of the
proj ect 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
project. The Principal-In-Charge shall be James A. Cummings.
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 David J. Crawford. 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 proj ect is
completed.
ARTICLE 3 - OWNER'S RESPONSIBILITIES
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 Proj ect. The Task
Director designated shall be Craig Brawner.
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 make available all records (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.
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.
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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 define OWNER's requirements
for the Project and review available data.
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
having jurisdiction to approve the design of the Project and participate
in consultations with such authorities.
4.1,4 Prepare a Report containing 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
findings and recommendations. This Report will be accompanied by
ENGINEER's opinion of probable costs for the proj ect, 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 Project Costs".
4.1.5 Furnish five (5) copies of the Study and Report documents and
review them in person with OWNER.
The Pre-design Investigation Phase will be completed and submitted within ..QQl
calendar days following written authorization from OWNER to ENGINEER to proceed
with that phase of services.
4.2 PRELIMINARY DESIGN PHASE
After 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
character of the Project.
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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 Revort: 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 appropriate
drawings for each task included in the project.
4.2.3.2. Plans for providing water and sewer services for
affected properties during construction.
4.2.3.3.
needed.
Summary geotechnical report for specific tasks, if
4.2.3.4. Special design considerations for Project tasks with
conditions not covered in standard construction methods or
specifications.
4.2.3.5.
necessary.
A traffic control plan for each project task, if
4.2.4. Design and Construction Survey: The ENGINEER shall conduct a
design field survey of the project areas, as necessary, for locating
existing utilities (such as gas, power, telephone, TV cables, water and
sewer lines, irrigation facilities, fences, and approach driveways) 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. Permits and Rights-of-Way: The ENGINEER shall obtain approved
permits, licenses, and/or easement agreements from private landowners and
any other agencies or entities requiring similar approvals prior to
bidding. These approvals will be coordinated with the OWNER and will be
made on easement and permit documents approved by the OWNER. Information
and easement descriptions provided in the Basic Engineering Services will
be based on date available from design surveys and courthouse records.
4.2.6. Geotechnical Explorations and Analysis: 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 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.
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4.2.7. Preliminary Plans and Soecifications. 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.
4.2.9. 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 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 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.
The Preliminary Design Phase will be completed and submitted within iQQl 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:
4.3.1. 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 the 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 adjustments to the latest op~nwn 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,
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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 i.Zn 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
prime contractor, subcontractors, suppliers and other persons
organizations proposed by the prime contractor(s) (herein
"Contractor(s)") for those portions of the work as to which
acceptability is required by the Bidding Documents.
the
and
call
such
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 bidders' responsiveness and responsibility and make award
recommendation to OWNER.
4.4.6 Facilitate contract award, and the execution and distribution
of the contract documents for construction, materials, equipment 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
The responsibilities of the ENGINEER during the Construction Phase are SWlll1larized
as follows:
4.5.1. 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
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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 the 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:
4.5.1.1
Schedule and conduct a pre-construction conference.
4.5.1.2 Provide
construction layout
grade, and blue top
personnel, equipment and supplies for
and control, including establishment of line,
control staking.
4.5.1.3 Review
operations, and the
implementation prior
Contractors' construction schedules and
Contractors' traffic control plans and its
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 activity and progress reports
to the City's Task Director.
4.5.1.6 ENGINEER shall provide OWNER copies
correspondence between the ENGINEER and Contractor.
of
all
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 the
Contract Documents.
4.5.1.8 Review and approve, for conformance with the proj ect
technical specifications all shop drawings, and other Contractor
submittals required by the Contract Documents.
4.5.1.9 During construction review Contractors'
schedules and evaluate conformance and progress under
time provisions.
construction
the Contract
4.5.1.10 Prepare for OWNER'S approval any plan and specification
changes which due to any initial design or engineering deficiencies
are required to complete the project original design concept.
4.5.1.11 Inspect the project and when appropriate, and after
conferring with OWNER, issue a Certificate of Substantial Completion
to the Contractor.
4.5.1.12 Prior
conduc t wi th the
report to the
to recommending final payment, schedule and
OWNER a final project inspection and submit a
OWNER documenting any outstanding items or
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deficiencies requiring correction prior to final payment. Upon
satisfactory proj ect completion ENGINEER shall certify 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
deficiencies exist and if the project is performing in accordance
with the design concept.
4.5.2. Resident Project 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 site during the course of the Project not less than 10 calendar days
prior to the pre-construction meeting. Any subsequent change in the
resident representative 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, 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-Builts"), (b) written monthly progress reports, and
(c) a project notebook containing such correspondence and documentation as
requested by OWNER.
4.7. CONSTRUCTION TESTING
The inspection services shall include material testing and verification of
contract compliance with job site requirements, plans and specifications.
The ENGINEER shall provide and maintain detailed documentation of the following
material testing:
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1) 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
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 therefor as provided in the
Agreement:
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 Services;
preparation or review of environmental studies and related 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.
5.2. When required by the Contract Documents in circumstances beyond ENGINEER's
control, ENGINEER shall perform or obtain from others any of the following
Additional Services as circumstances require during construction and without
waiting for specific instructions from OWNER, and ENGINEER will be paid therefor
as provided in this Agreement:
5.2.1. Services in connection with work directive changes and change
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
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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 (1) 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
6.1 LUMP SUM PAYMENT FOR DESIGN SERVICES AND EXPENSES OF ENGINEER
6.1.1 LumD Sum Payment. The OWNER shall for design phase services
performed as Basic Engineering Services under sections 4.1 through 4.4 of
this agreement pay a lump sum in the amount of $30.500 for such services.
6.1.2 Payment Schedule. Total cumulative payments for the design phase
engineering services (sections 4.1 through 4.4) shall not exceed the
following ceilings:
$ 2.500(8% x of Design Fee) until the Pre-Design Investigation and
report have been submitted to the OWNER and review Authorities.
$ 16.500 (54% of design fee) until the Preliminary Plans and
Specifications have been submitted to the OWNER and review authorities.
$ 27.700 (91% of design fee) until the Final plans and Specifications have
been submitted to the OWNER and review authorities.
6.1.3 General. Engineer shall submit monthly statements for services
rendered. The statements shall be based upon Engineer's estimate 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 Agreement .
6.1.4 Reimbursable Expenses. Only those expenses specifically identified
for payment under section 6.2 of this Agreement are reimbursable. All
other design related expenses are included in the Lump Sum Payment for the
Basic services (4.1 through 4.4) and are not separately reimbursable.
Additional Services specifically identified under the scope of design
services for payment under 6.1 are not separately reimbursable.
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6.2 DIRECT LABOR COST PAYMENT 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 compensated in accordance with the following:
6.2.1 The OWNER shall pay for Construction Phase and Project Documentation
Services an amount not to exceed $18.300 except as provided under 6.2.1.2
and 6.2.4.
6.2.1.1 Costs Compensation. Compensation for these services shall
be based on the ENGINEER's Direct Labor Cost (Salaries) times a
factor of 2.80 for services rendered which shall cover Direct Labor,
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 Agreement will exceed the
negotiated compensation for these services, and prior to performing
services in excess of the contract ceiling, the ENGINEER shall give
OWNER written notice thereof. Promptly thereafter OWNER and
ENGINEER shall review the scope and progress of the project work.
ENGINEER shall obtain written authorization from OWNER, prior to any
additional costs being incurred under paragraph 6.2.1.3, If it is
determined that due to a change in project scope under paragraph
5.2.1, the ENGINEER is entitled to additional compensation, OWNER
and ENGINEER may negotiate terms as provided under 6,2.1.1. The
amount and terms of any additional compensation under 6.2.1.1 or
6.2,1.3 shall be negotiated and agreed in writing pursuant to 9.16.
6.2.1.3 Costs Exceeding Estimated Compensation. Except as allowed
under 5.2.1, when the total cost of the original scope Construction
Phase and proj ect Documentation Services exceeds the negotiated
compensation for these services, the OWNER shall pay only for the
direct costs incurred in excess of the estimated compensation.
These costs consist of an amount equal to the ENGINEER'S Direct
Labor Cost times a factor of 2.469 for services rendered which shall
include Direct Labor, the federally audited payroll Direct Labor
Overhead, and General & Administrative Overhead costs, but shall not
include any allowance for profit.
6.2.2. Reimbursable Expenses, as defined in section 7.4 of this
Agreement, for Basic Services and Approved Additional Services shall be
paid to the ENGINEER by the OWNER in the actual amount of the costs
incurred.
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.
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6,2.4 The OWNER shall pay an amount for Additional Services rendered
by the ENGINEER and approved in writing by the OWNER on the basis of the
ENGINEER'S Direct Labor Costs times a factor of 2.80, or an amount
otherwise negotiated at the time such services are requested and
approved by the OWNER.
ARTICLE 7 - MEANING OF TERMS
7.1 AGREEMENT
As used herein the term "this Agreement~ refers to the contents of this document
and its Exhibits attached hereto and referred to as if they were part of one and
the same document.
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 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 salaries and wages paid to
all ENGINEER's personnel engaged directly on the Project, including, but not
limited to, engineers, architects, surveyors, designers, drafters, specification
writers, estimators, other technical and business personnel; but does not include
indirect payroll related costs or fringe benefits. For the purposes of this
Agreement the principals and employees of the ENGINEER Direct Labor Costs are:
Senior Engineer
Staff Engineer
Technicians
CADD Drafter
Construction Inspector
Two Person Survey Crew
Party Chief
Clerical
Vehicle
Nuclear Densometer
$ 26.80jhour
$ 22.20jhour
$ 12.90jhour
$ 10.00jhour
$ 13.40jhour
$ 21. 00 jhour
$ lS,OOjhour
$ 9.70jhour
$ 9.00/day
$200.00/month
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7.4 REIMBURSABLE EXPENSES
Reimbursable Expenses 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 incidental
thereto; 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 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
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 Services) and will also include expenses incurred for
computer time and 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
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 reimbursable costs, total period billing, and
total cumulative billing. When requested by OWNER services for distinct proj ect
segments shall be accounted and billed separately.
8.3 PAYMENT UNDER TERMINATION. In the event of termination by the OWNER upon
the completion of any phase of the 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 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 under this agreement.
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ARTICLE 9 - GENERAL CONSIDERATIONS
9.1 TERMINATION OF AGREEMENT
9.1.1 The sole right is hereby reserved to the OWNER to terminate this
Engineering Agreement for any and all causes or for it's 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
services 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 of the ENGINEER's default. If termination for convenience
is effected by the OWNER, the equitable adjustment shall include a
reasonable profit, as determined 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.
9.1.5 Upon termination, the OWNER may take over the work and may award
another party an Agreement 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 invoices relating to costs and
expenditures incurred as to the 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 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 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 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 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
employment or provision of services. The ENGINEER shall be subj ect 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 YORK
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
ENGINEER warrants that it will provide its services in accordance with the
standards of care, skill, knowledge, and diligence normally exercised by a
professional engineer in the performance of such engineering services. If any
such service should be discovered 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 changes,
modifications or additions to the project which are made necessary as a result
of the initial nonperformance or the re-performance of services. The OWNER's
rights herein are in addition to any other remedies the OWNER may have under the
law.
9.7 LEGAL RELATIONS
The ENGINEER shall comply with all Federal, State, and Local laws and ordinances
applicable to the work to be done.
15
"
.
. '
The ENGINEER agrees to indemnify, hold harmless and defend the OWNER and its
officers, agents and employees against any and all actions, suits, claims,
demands, costs, judgements, expenses (including a reasonable attorney's fee), and
liability of any character whatsoever brought or asserted for any injury, death,
or damage received or sustained by any person, persons, property, business or any
other entity, arising out of or resulting from, or in connection with the
performance of the work herein specified. The ENGINEER is not required to defend
the OWNER from assertions that the OWNER was negligent, or indemnify the OWNER
from liability based solely on OWNER's negligence. The indemnity required here
shall not be limited by reason of the specification of any particular insurance
coverage in this Agreement.
The ENGINEER is and 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 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, worker's compensation with
statutory limits, and unemployment insurance.
9,8 INSURANCE
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 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:
Type of Coverage
Limits
Employers' Liability:
$ 100.000 per accident
General Liability:
Bodily Injury & Property
Damage Single and combined
$ 1.000,000 per accident
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
$1.000,000 each occurrence
16
"
Property Damage 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 Injury & Property
Damage Single and combined
$ 500.000 each occurrence
Professional Errors & Omission:
$ 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
All schedules, data, exhibits, recommendations, design reports, plans,
specifications, and other related documents prepared or obtained under the terms
of the Contract are deemed to be the property of the OWNER and shall be delivered
to the OWNER.
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
of the 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.
17
DATE:
1-10-94
ENGINEE~ ~. ~
BY: / Ii )~.
, (Pres ident)
DATE: /0 -- )?- - q .:s
.'
9.13 RECOlIDS
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 (1) 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.
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 prov1s1ons 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.
ATTESOO. ~/I //
BY: . ;( J..Ln
D vid J. aWfo~tJ~/
Bozeman Manager
BY:
BY:
18
1
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 J>ln11>1ry 10, .l2..91L, between CITY OF BOZEMAN (OWNER) and
Thomas, Dean & Hoskins, Inc., Bozeman, Montana (ENGINEER) providing for
professional engineering services.
ARTICLE 10 - ENGINEER'S STATUS DURING CONSTRUCTION
10.1.
OWNERS'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 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
2
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 Provis ions 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 therefor as
provided in the General Conditions of the Construction Contract.
10.6.
REJECTING DEFECTIVE WORK
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 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
recollUUendation thereon (by recollUUendation of an Application for Payment or
otherwise) 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
thereunder. Claims, disputes and other matters relating to the
acceptability of the Work or the interpretation of the requirements of the
Contract Documents pertaining to the performance and furnishing of the
Work and claims under The General Conditions of the Construction Contract
in respect of changes in the Contract Price or Contract Time will be
referred initially to ENGINEER in writing with a request for a formal
decision in accordance with this paragraph, which ENGINEER will render in
writing within a reasonable time. Written notice of each such claim,
dispute and other matter shall be promptly reported and copied to the
OWNER.
10.9.2. When functioning as interpreter under paragraphs 10.8 and
10.9.1, 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 precedent to any exercise by
OWNER or CONTRACTOR of such rights or remedies as either may otherwise
have under the Contract Documents or by Laws or Regulations in respect of
any such claim, dispute or other matter.
10.10.
LIMITATIONS ON ENGINEER'S RESPONSIBILITIES
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 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. 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 ENGINEER as to the Work, it is intended that such requirement,
direction, review or judgment will be solely to evaluate the Work for
compliance with the Contract Documents (unless there is a specific
statement indicating otherwise). The use of any such term or adjective
shall not be effective to assign to ENGINEER any duty or authority to
supervise or direct the furnishing or performance of the Work or any duty
or authority to undertake responsibility contrary to the provisions of
paragraph 4.5.3.
3
1
EXHIBIT B
TO AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES
A LISTING OF THE DUTIES, RESPONSIBILITIES AND
LDlITATIONS 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 Januarv 10 ,1994 ,between CITY OF BOZEMAN (OWNER)
and Thomas, Dean & Hoskins, Inc. Bozeman, Montana 59715 (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 8.5 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.
such as
and the
minutes
Conferences and Meetings: Attend meetings with CONTRACTOR,
preconstruction conferences, progress meetings, job conferences
project-related meetings, and prepare and circulate copies of
thereof.
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 of the Work.
11.2.4.
Shop Drawings and Samples:
11.2.4.1.
Record date of receipt of Shop Drawings and samples.
11.2.4.2.
CONTRACTOR,
examination.
Receive samples which are furnished at the site by
and notify ENGINEER of availability of samples for
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. Ins~ections 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 presence of
appropriate personnel, and the CONTRACTOR maintains adequate records
2
11. 2.5.4. Accompany visiting inspectors representing
other agencies having jurisdiction over the Project,
results of these inspections and report to ENGINEER.
public or
record the
thereof; and observe, record and report to ENGINEER appropriate
details relative to the test procedures and startup.
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 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 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 proj ect related
documents.
ll.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 on-
site 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.
11.2.9.
Reports:
11.2.9.1. Furnish ENGINEER periodic reports as required of
progress of the Work and of CONTRACTOR's compliance with the
progress schedule and schedule of Shop Drawing and sample
submittals.
11.2.9.2. Consult with ENGINEER in advance of scheduled major
tests, inspections or start of important phases of the Work.
3
, '.
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.
11.2.9.4. Report immediately to ENGINEER and OWNER upon the
occurrence of any accident.
11. 2 .lO. Payment Reauests: 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.
ll.2.ll. 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:
ll.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.l2.1, 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 final 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:
ll.3.l. Shall not authorize any deviation from the Contract Documents
or substitution of materials or equipments, unless authorized by ENGINEER.
ll.3.2. Shall not exceed limitations of ENGINEER's authority as set
forth in the Agreement or the Contract Documents.
4
5
11.3.3. Shall not undertake any of the responsibilities of CONTRACTOR,
subcontractors or CONTRACTOR's superintendent.
1l.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.
ll. 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.
part.
Shall not authorize OWNER to occupy the Project in whole or in
ll.3 . B. Shall not participate in specialized field or laboratory tests
or inspections conducted by others except as specifically authorized by
ENGINEER.
, .'
HIGHLAND BOULEVARD
(KAGY TO NO. OF HOLLY ST.)
PERSON HOUR SUMMARY
. .
IACI1VITY/DESCRIPTION ENGINEER ENGR. TECH. DRAFTSMAN SURVEYOR CLERICAL
Obtain & Review Project Informatior 4 2 - - --
Pre-Design Meeting 6 4 - - 1
Pre-Design Investigation & Report 10 4 8 - 8
Sub-Contractor Coordination 2 - - - -
Surveys 2 - - 48 -
Scope of Work 4 - - - 2
Preliminary Design Report 4 4 12 - 6
Preoare Preliminary Plans
Geometric Layout (Aerial Photos) 10 - 16 - -
RDS Coding 8 - - - -
Construction Plans 17 - 104 - 4
Utility Plans 2 - 8 - -
Cross-Sections 3 - 16 - -
Signing & Pavement Marking 3 4 4 - -
Storm Drainage 4 6 16 - 1
Traffic Control Plan 4 - 12 - 2
Lighting/Electrical 6 - 16 - 1
Special Provisions 4 -- - - 2
Cost Estimate 2 4 4 - 1
P.P.I.H. & Report 8 2 - - 2
Prenare Final Plans
RDS Coding 8 - - - -
Construction Plans 18 -- 45 - 4
Geometric Layout 2 - 4 -- --
Utility Plans 1 - 8 - --
Cross Sections 2 - 16 -- -
Signing & Pavement Marking 1 3 4 - --
Storm Drainage 3 - 12 - 2
Traffic Control Plan 3 -- 6 - 1
Lighting/Electrical 4 -- 10 -- 2
Special Provisions 8 - -- - 2
..
HIGHLAND BOULEVARD
(KAGY TO NO. OF HOLLY ST.)
PERSON HOUR SUMMARY
ACTIVITY/DESCRIPTION
ENGINEER ENGR.1ECH. DRAFfSMAN SURVEYOR CLERICAL
Cost Estimates
4
12
4
173
4
2
2
&H Quality Control Check
48
4
47
1
324
10
47
N01E: During contract negotiations, the Scope of Work will be further defined, which may result in adjustments
to the projected person hours for this project.
Outside Consultants:
Geotechnical - Braun
3 drill holes (on ridges), logs & testing
CBR for Pavement Design
$ 1,600
I HIGHLAND BOULEVARD I
(KAGY TO NO. OF HOLLY ST.)
ACTIVITY/DESCRIPTION ENGINEER ENGR.1ECH. DRAFTSMAN SURVEYOR CLERICAL
Biddinv :Inri Contract Phase
Answer Contractor Inquiries 6 - 2 - 2
Review Bid - Make Recommendation 2 - - - 1
Assembly Contract Documents 1 - - - 4
Construction
Preconstruction Conference 4 - - - 1
Shop Drawing Review 8 - - - 3
Construction Staking - - - 40 -
Inspection/Material Testing - 333 -- -- --
Construction Management including 16 - -- -- 3
Pay Request Review
Final Inspection 4 4 - - -
As Constructed Drawings 1 3 16 - --
TOTAL CONSlRUcnON 42 340 18 40 14
TOTAL PROJECf 201 379 331 88 47
"-
FEE COMPUTATION
HIGHLAND BOULEVARD - KAGY NORlH
DESCRIPTION HOURS RA1E/HR TOTAL AMOUNT
DESIGN SERVICES
Engineer 173 62.00 10,726.00
Engineering Tech. 47 47.00 2,209.00
Draftsman 324 36.00 11,664.00
Survey - 2 man crew 24 59.00 1,416.00
Oerical 47 27.00 1,269.00
Plotting & Printing 1,000.00
Mileage & Misc. 200.00
Soil Boring - Geotech 1.600.00
TOTAL 30,084.00
CONSTRUCTION PHASE
Engineer 42 62.00 2,604.00
Inspector 340 37.50 12,750.00
Draftsman 18 28.00 504.00
Surveyor - 2 man crew 20 59.00 1,180.00
Clerical 14 27.00 378.00
Vehide 70 9.00/day 630.00
Mylars, Printing & Misc. 300.00
TOTAL 18,346.00
HIGHLAND BOULEVARD - KAGY NORTH
SCHEDULE
3
MONTri
4 5
6
7
8
I Pre-Desion Investigation
. Survey & Data Collection
Soil Borull! & Testin~
PrelinunalV Deiim Report
Desim Computation
PrelimmalV Plans
PPIH & Report
Fmal Plans
Soecification
Qualitv Check
ICffYReVlew
I AdvertIse for Bids
Award & Prepare Contract Documents
r ConstructIOn - 2 112 Months
1 2
:<~;: 0'''''''1'
&,," "~,. ,:,::;$
. '
ltm.m
&1' \]:[1/
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AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
HIGHLAND BOULEVARD RECONSTRUCTION PROJECT
THIS AGREEMENT made as of this 1st day of May ,
1995, between THE CITY OF BOZEMAN. a Municipal Corporation.
Bozeman. Montana. herein referred to as OWNER and THOMAS. DEAN &
HOSKINS. INC.. 111 North Tracy. Bozeman. Montana, herein referred
to as ENGINEER.
WHEREAS. the parties have entered into a Professional Services
Agreement dated January 10, 1994. herein referred to as Original
Agreement, a copy of which is attached hereto as Exhibit No. 1 for
professional engineering services to reconstruct Highland Boulevard
from Kagy Boulevard northerly to the north limits of the new
Hyalite View Subdivision (north of Holly Drive); and,
WHEREAS, the parties desire to amend the provisions of this
Agreement,
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, the parties agree as follows:
1. Section 4.1 of the Original Agreement relating to Pre-
Design Investigation Phase is amended by adding sections 4.1.6 and
4.1.7 as follows:
"4.1.6 Prepare a revised Pre-design Report with
presentation of new alternatives to the City Commission,
which alternatives will contain the following:
Alternative No. 1
1) Plan a straight alignment, in the east half of the
right-of-way, matching the existing east curb. A
preliminary profile will be computed.
2) Change the typical section in the Pre-Design Report
to show the sidewalk beginning one (1) foot from the
property line (right-of-way) and extending five (5) feet.
This puts the west edge of sidewalk six (6) feet from the
right-of-way line and four and one-half (4~) feet from
the back of curb. The finished grade of sidewalk shall
be no more than one foot above the back of curb and in no
case will the sidewalk be lower than the curb. This will
result in a retaining wall in some areas, with the base
of the wall encroaching upon adjacent properties.
3) plan a seven (7) foot median between the section
being modified in the east half of the right-of-way and
the future section in the west half of the right-of-way.
4) Update cost estimate to incorporate retaining walls.
$37,200.00 (91% of Design Fee) until the Final Plans and
Specifications have been submitted to the Owner and
review authorities."
Alternative No. 2
1) Plan a straight alignment, shifted to the west from
the current alignment. The amount of shift will depend
upon findings during preliminary design. The existing
power poles on the east side may need to be relocated.
The entire length of the project will be shifted, not
just the north segment. A preliminary profile will be
computed.
2) The alignment will allow for future construction of
two additional lanes west of the proposed construction.
The ultimate section planned is sixty (60) feet between
backs of curbs (four twelve foot driving lanes and two
six foot bike lanes, which include the curb and gutter
sections) .
3) No median is planned. The future lanes would begin
where the proposed west lip-of-gutter would be
constructed.
4) Prepare a typical section and a cost estimate.
4.1.7 Perform a stop sign warrant analysis at the
intersection of Highland Boulevard and Kagy Boulevard to
determine whether a four way stop is appropriate."
2. Section 6.1.1 of the original Agreement relating to lump
sum payment is amended to read:
"6.1.1 Lump Sum Pavment. The Owner shall for design
phase services performed as Basic Engineering Services
under sections 4.1 through 4.4 of this agreement pay a
lump sum in the amount of $40,850.00 for such services."
3. Section 6.1.2 of the original Agreement relating to
payment schedule is amended to read:
"6.1.2 Payment Schedule. Total cumulative payments for
the design phase engineering services (sections 4.1
through 4.4) shall not exceed the following ceilings:
$3,300.00 (8% :t of Design Fee) until the Pre-Design
Investigation and report have been submitted to the Owner
and review authorities.
$22,100.00 (54% of Design Fee) until the Preliminary
Plans and Specifications have been submitted to the Owner
and review authorities.
CITY OF BOZEMAN
BY'~~~/ 2. L~&,'
Cl Y Manager
4. The attached tables to the original Agreement shall be
replaced by the tables attached to this Amendment.
5. Except as specifically amended herein, the Original
Agreement of January 10, 1994 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 on the day and year first above written.
ATTEST:
(2~;/ ~
Robin L. Sullivan
Clerk of Commission
ATTEST:
By, OCbJtUi1fIJ
HIGHLAND BOULEVARD
(KAGY TO NO. OF HOLLY ST.)
PERSON HOUR SUMMARY ~ January 10. 1995
ACTIVITY /DESCRIPTION ENGINEER ENGR.TECH. DRAFTSMAN SURVEYOR CLERICAL
Obtain & Review Project Information 8 2 -- -- ..
Pre-Design Meeting 6 4 u -- 1
Pre.Design Investigation & Report 25 4 16 -- 12
Sub-Contractor Coordination 2 -- -- -- u
Surveys 4 -- -- 66 u
Stop Sign Warrant 5 12 u u --
Scope of Work 8 -- -- -- 7
Preliminary Design Report 6 8 16 -- 9
Preoare Preliminarv Plan/Alternative
Evaluation
Geometric Layout (Aerial Photos) 20 ~~ 32 -- ..
RDS Coding 12 u -. u u
Construction Plans 27 -- 170 ~~ 7
Utility Plans 4 u 15 u ..
Cross-Sections 7 -- 30 .- .~
Signing & Pavement Marking 3 4 4 -- --
Storm Drainage 4 6 17 -- 2
Traffic Control Plan 4 -- 12 -- 2
Lighting/Electrical 6 u 16 -- 1
Special Provisions 4 -- -- -- 2
Cost Estimate 2 4 4 -. 1
P.P.I.H. & Report 8 2 -- .. 2
Preoare Final Plans
RDS Coding 8 -- -- -- --
Construction Plans 18 -- 45 -. 4
Geometric Layout 2 -- 4 -- --
Utility Plans 1 .- 8 -- --
Cross Sections 2 -- 16 -- --
Signing & Pavement Marking 1 3 4 -- --
Storm Drainage 3 -- 12 .- 2
Traffic Control Plan 3 h 6 .- 1
HIGHLAND BOULEVARD
(KAGY TO NO. OF HOLLY ST.)
PERSON HOUR SUMMARY - January 10, 1995
ACTIVITY /DESCRIPTION ENGINEER ENGR.TECH. DRAFTSMAN SURVEYOR CLERICAL
Lighting/Electrical 4 10 2
Special Provisions 8 2
Cost Estimates 4 4 2 2
D&H Quality Control Check 12
Final Check Plans 4 10 1 4
OTAL 235 63 440 66 63
NOTE: During contract negotiations, the Scope of Work will be further defined, which may result in
adjustments to the projected person hours for this project.
Geotechnical:
3 drill holes (on ridges), logs & testing
CBR for Pavement Design
$ 1,600
HIGHLAND BOULEVARD
(KAGY TO NO. OF HOLLY ST.)
ACTIVITY /DESCRIPTION ENGINEER ENGR.TECH. DRAFTSMAN SURVEYOR CLERICAL
Biddina and Contract Phase
Answer Contractor Inquiries 6 -- 2 -- 2
Review Bid - Make Recommendation 2 .. -- -- 1
Assembly Contract Documents 1 -- ~~ .. 4
Construction
Preconstruction Conference 4 -- -- -- 1
Shop Drawing Review 8 -- -- -- 3
Construction Staking .. -- -- 40 --
Inspection/Material Testing -- 333 -- -- --
Construction Management including
Pay Request Review 16 -- -- -- 3
Final Inspection 4 4 -- -- --
As Constructed Drawings 1 3 16 -- --
TOTAL CONSTRUCTION 42 340 18 40 14
TOTAL PROJECT 277 403 458 106 77
,
. FEE COMPUTATION -January 10, 1995
HIGHLAND BOULEVARD - KAGY NORTH
DESCRIPTION HOURS RATE/HR TOTAL AMOUNT
DESIGN SERVICES
Engineer 235 62.00 14,570.00
Engineering Tech. 63 47.00 2,961.00
Draftsman 440 36.00 15,840.00
Survey - 2 man crew 33 59.00 1,947.00
Clerical 63 27.00 1,701.00
Plotting & Printing 1,900.00
Mileage & Misc. 350.00
Soil Boring - Geotech 1.600.00
TOTAL 40,869.00
CONSTRUCTION PHASE
Engineer 42 62.00 2,604.00
Inspector 340 37.50 12,750.00
Draftsman 18 28.00 504.00
Surveyor - 2 man crew 20 59.00 1,180.00
Clerical 14 27.00 378.00
Vehicle 70 9.00/day 630.00
Mylars, Printing & Misc. 300.00
TOTAL 18,346.00
. ,
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AMENDMENT NO.2 TO PROFESSIONAL SERVICES AGREEMENT
-ffiGHLAND BOULEVARD RECONSTRUCTION PROJECT-
THIS AGREEMENT made as of this 17th day of .July , 1995
between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman
Montana, herein referred to as OWNER and THOMAS, DEAN & HOSKINS,
INC., 111 North Tracy, Bozeman, Montana, herein referred to as
ENGINEER.
WHEREAS, the parties have entered into a Professional Services
Agreement dated January 10, 1994, herein referred to as Original
Agreement, for professional engineering services to reconstruct
Highland Boulevard from Kagy Boulevard northerly to the north
limits of the new Hyalite View Subdivision (north of Holly Drive) ;
and,
WHEREAS, the parties have approved AMENDMENT NO.1 to the
January 10, 1994 agreement for evaluating other alternative, which
is under consideration by the OWNER; and,
WHEREAS, the parties desire to amend the provisions of this
Agreement,
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, the parties agree as follows:
1. section 4.2 of the Amended Agreement relating to
Preliminary Design Phase is amended by adding sections 4.2.10 as
follows:
"4.2.10 Design a bicycle/pedestrian path from Kagy
Boulevard to East Main Street as follows:
The southern portion of the project from Kagy to
Holly Street could be designed as part of the
current design for the reconstruction of Highland
Boulevard. The design from Holly Street north to
Main Street could be accommodated with a 200 scale
drawing based on the as-builts from the original
construction of Highland Boulevard. This would
include using approximately 6 cross-sections along
that portion of the project to confirm the earthwork
and possible conflicts. The remainder of that
segment of the project appears open and clear of
obstacles. The alignment that was proposed is
approximately 15' behind the west back-of-curb. The
path would meander in this general vicinity, but
would meet all the current curb drops where streets
and driveways intersect Highland Boulevard from the
west.
An asphalt pavement section is proposed, that is 8'
to 10' wide, plus a l' gravel shoulder on each side.
The paving section would be determined during
design, but should accommodate some sort of plowing
vehicle, such as a jeep. For this reason, the
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surface of the improved path will be only slightly
above the existing grade. The grades will meet ADA
requirements, except where unfeasible. The trail
will be appropriately signed at the termini to
indicate actual grades. However, the project will
be as accessible as reasonably possible within the
scope of work. The contractor will field-fit the
alignment of the path in most areas of the project.
Some minimum curve radii and maximum and minimum
cross-slopes will be set. A plan for signage will
be provided, so bike and vehicular traffic can be
coordinated."
2. section 6.1.1 of the Amended Agreement relating to lump
sum payment is amended to read:
"6.1.1 Lumo Sum Payment. The OWNER shall for design
phase services performed as Basic Engineering services
under sections 4.1 through 4.4 of this agreement pay a
lump sum in the amount of $46,550.00 for such services."
3. Section 6. 1.2 of the Amended Agreement relating to
payment schedule is amended to read:
"6. 1.2 Payment Schedule. Total cumulative payment for
the design phase engineering services (section 4.1
through 4.4) shall not exceed the following ceilings:
$3,700.00 (8% +/- of Design Fee) until the Pre-Design
Investigation and report have been submitted to the Owner
and review authorities.
$25,100.00 (54% of Design Fee) until the Preliminary
Plans and Specifications have been submitted to the Owner
and review authorities.
$42,400.00 (91% of Design Fee) until the Final Plans and
Specifications have been submitted to the Owner review
authorities."
4. section 6.2.1 of the Amended Agreement relating to
payment for construction service is amended to read:
"6.2.1 The OWNER shall pay for Construction Phase and
Project Documentation Services an amount not to exceed
$22,500.00 except as provided under 6.2.1.2 and 6.2.4.
6.2.1.1 Costs Compensation. Compensation for
these services shall be based on the ENGINEER's
Direct Labor Cost (Salaries) times a factor of 2.80
for services rendered which shall cover Direct
Labor, 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
.---J
APPRO.~.'. AS, 'f'. /) F. ~~:.. '. . '.' C{'
By: OCl L/ "~;/A -( {({ ./
City Atto~~ -~ ,
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services rendered under this Agreement will exceed
the negotiated compensation for these services, and
prior to performing services in excess of the
contract ceiling, the ENGINEER shall give OWNER
written notice thereof. Promptly thereafter OWNER
and ENGINEER shall review the scope and progress of
the project work. ENGINEER shall obtain written
authorization from OWNER, prior to any additional
costs being incurred 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
addi tional compensation, OWNER and ENGINEER may
negotiate terms as provided under 6.2.1.1. The
amount and terms of any additional compensation
under 6.2.1.1 or 6.2.1.3 shall be negotiated and
agreed in writing pursuant to 9.16.
6.2.1.3 Costs Exceedinq Estimated Compensation.
Except as allowed under 5.2.1, when the total cost
of the original scope Construction Phase and proj ect
Documentation Services exceeds the negotiated
compensation for these services, the OWNER shall pay
only for the direct costs incurred in excess of the
estimated compensation. These costs consist of an
amount equal to the ENGINEER'S Direct Labor Cost
times a factor of 2.469 for services rendered which
shall include Direct Labor, the federally audited
payroll Direct Labor Overhead, and General &
Administrati ve Overhead costs, but shall not include
any allowance for profit."
5. Except as specifically amended herein, and by the
approved Amendment No.1, under OWNER consideration, the Original
Agreement of January 10,1994 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 on the day and year first above written.
ATTEST
Robin L.
.
.
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Amendment No. 3 to Professional Services Agreement
Highland Boulevard Reconstruction Project
THIS AMENDMENT is made as of this 5th day of May ,1997,
between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, herein
referred to as OWNER and Thomas, Dean & Hoskins, Inc., an Engineering Consulting Firm of
Bozeman, Montana, herein referred to as ENGINEER.
WHEREAS, the parties have entered into a Professional Services Agreement dated January
10, 1994, herein referred to as Original Agreement for professional engineering services to
reconstruct Highland Boulevard from Kagy Boulevard northerly to the north limits of the new
Hyalite View Subdivision (north of Holly Drive), amended by the May 1, 1995 Amendment No.
1 to Professional Services Agreement, and the July 17, 1995 Amendment No.2 to Professional
Services Agreement; and,
WHEREAS, the inspection service needs and costs for the Highland Boulevard
Reconstruction significantly exceeded those anticipated under the contract.
WHEREAS, the Montana Department of Transportation, herein referred to as the
"Department", has awarded the OWNER enhancement funds under the Montana Community
Transportation Enhancement Program (CTEP) for purposes of constructing a pedestrian and
bicycle pathway, project number STPE 1215 (1); and,
WHEREAS, the OWNER has complied with state and federal procurement requirements
regarding the selection of consultants; and
WHEREAS, the OWNER desires to amend its existing contract and amendments with
the ENGINEER as hereinafter provided to assure the effective design and construction of the
project; and,
WHEREAS, the parties desire to abide by all of the requirements of the Montana
Community Transportation Enhancement Program (CTEP),
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONT AINED HEREIN, the parties hereto do mutually agree as follows:
1.
Section 9.7 of the original Professional Services Agreement relating to Legal Relations is
amended by adding the following:
"9.7.1 It is understood by the parties hereto that the ENGINEER is an independent
Contractor and that neither its principals nor its employees, if any, are emplorees of
the OWNER for purposes of tax, retirement system, or social security (FICA)
withholding and that no deductions made from the payments under this Agreement for
federal or state income tax, FICA (social security), retirement or other reasons will be
withheld by the OWNER. It is further understood that pursuant to section 39-71-401,
MCA, the ENGINEER has obtained, and will maintain at its expense for the duration of
this Agreement, coverage in a workers' compensation plan for its principles and
employees for the services to be performed hereunder."
.
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2.
Article 1 of the original Professional Services Agreement relating to Engineering Services
is amended by addmg section 1.3 as follows:
"1.3 This Amendment takes effect as of the date first written above. The services
to be performed by the ENGINEER will be completed no later than September 30,
1997."
3.
Section 4.2 of the original Professional Services Agreement relating to the Preliminary
Design Phase is amended by adding section 4.2.11 as follows:
"4.2.11 The pedestrian/bicycle path project design scope has increased to include
vertical and horizontal alignment recommendations, show alignment consistently
in the plan view, specify excavation to be spoiled in the right-of-way, and revise
the typical section.
It is understood and agreed by the parties that the services of the ENGINEER do not
include any of the following: the disbursement or accounting of funds distributed by the
OWNER's financial officer, legal advice, fiscal audits or assistance with activities not
related to the CTEP project."
With respect to the pedestrian and bicycle pathwar' Section 9.6 of the original
Professional Services Agreement relating to Standard 0 Care is amended by adding the
following sections:
"9.6.1 The ENGINEER will be responsible for the accuracy of the pedestrian and bicycle
pathway engineering work and will promptly make necessary revisions or correctlOns
resulting f~om errors and omissions on the part of the ENGINEER without additional
compensatlOn.
4.
9.6.1.1 If any errors are made by the ENGINEER in any phase of the work under this
Agreement which may require additional field or office work, the ENGINEER will be
promptly notified and will be required to perform such additional work as may be
necessary to correct these errors without undue delay and without additional cost to the
OWNER. Acceptance of the work will not relieve the OWNER of the responsibility for
subsequent correction of any such errors and the clarification of any know ambiguities.
9.6.1.2 Construction J?roblems or conflicts arising as a result of design or plan errors or
omissions will be consIdered the ENGINEER's responsibility. The ENGINEER will be
notified of all such errors and omissions and may be requested to assist in determining
corrective action at no cost to the OWNER. The liability of the ENGINEER for the cost
of the corrective action will be determined by the OWNER following discussions
between the OWNER and the ENGINEER."
5.
Section 6.2.1.2 of the original Professional Services Agreement relating to Notification is
amended by adding the following section:
"6.2.1.2.1 If, during the terms of the Amendment, additional services are required
other than those services identified in the Scope of Work, or major changes in the
work become necessary or desirable the OWNER may, in writing, order the ENGINEER
to perform such services or make such changes or, if the ENGINEER is of the opinion
that any work he has been directed to perform is beyond the scope of this Agreement and
constitutes extra work, the ENGINEER must promptly notify the OWNER in writing
prior to performing such work."
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6.
With respect to the pedestrian and bicycle pathway, Section 6.2.1.3 of the original
Professional Services Agreement relating to Costs Exceeding Estimated Compensation
is amended by adding the following paragraphs:
In the event the OWNER determines that such work does constitute extra work, the
ENGINEER will be reimbursed at the unit prices provided in the ENGINEER's
proposal, Exhibit "D", or as provided for in the Original Agreement, and additional time
for completion of the contract will be given. Before such work is undertaken, the
ENGINEER and the OWNER will, by mutual written agreement, determine the scope
of the work and the related cost.
Compensation will be determined before the operations begin and as soon as
circumstances permit. In the event that a mutual agreement is not reached in negotiations
for an increase in work, the OWNER will use other methods to accomplish such item(s)
of work."
7. Article 3 of the original Professional Services Agreement relating to Owner's
Responsibilities is amended by adding the following:
"3.6 In addition to the obligations of the OWNER to the ENGINEER listed elsewhere
in this Agreement, the OWNER shall:
3.6.1 As far as possible cooperate with the ENGINEER in making necessary
arrangements with public officials and with such individuals as the ENGINEER may need
to contact for advise, counsel, and information.
3.6.2 Provide all approvals of the ENGINEER's formal submittals in writing in all
instances. If verbal aprrovals are first given in the interest of progressing the work, such
v:erbal approvals shal be confirmed in writing by the OWNER at the earliest possible
tIme.
3.6.3 Provide all available existing data for the project."
8. Article 10 of the original Professional Services Agreement relating to Engineer's Status
During Construction is amended by adding the following sections:
10.1.1 Conferences will be held as necessary between representatives ofthe OWNER and
ENGINEER to review and discuss progress and any matters pertinent to any phase of
work.
10.1.2 The ENGINEER's designated liaison will be responsible to and will report to
the OWNER's designated liaIson for payment, submission of information, etc.
All submittals will be made through the OWNER's liaison.
10.1.3 The ENGINEER, when so directed by the OWNER will confer with public
agencies, including planning authorities, giving consideration to suggestions and plans of
such agencies. "
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9.
Article 10 of the original Professional Services Agreement relating to Engineer's
Status During Construction is amended by adding the following sections:
10.2.1 Requests for visits to the site or at the office of the ENGINEER may be made
by the OWNER, the Department, representative"s of the Federal Highways
Administration, or any other authorized representatives of the above for the purpose of
review or inspection of work.
10.2.2 With respect to the pedestrian and bicycle pathway, the ENGINEER will furnish
to the OWNER a brief narrative progress report on the first day of each month showing
the status of the work on the project. The report will cover all phases of work
accomplished during the period of the report and show the percentage of work completed
for each phase of the project. Mention should be made of any matters that may have
adversely affected the progress of work."
10. Section 9.2 of the original Professional Services Agreement relating to Inspection and
Audit is amended by adding section 9.2.1 as follows:
11.
"9.2.1 All books, papers, records, payrolls, vouchers and invoices relating to costs
and expenditures incurred as to the performance of the services sr.ecified in the S cop e
of Work by the ENGINEER or any of its sub-ENGINEERS, Will be made available to
the OWNER, the Department, the Legislative Auditor and Legislative Fiscal Analyst, the
Federal Highway Administration or their authorized representatives, for audit and review,
at the ENGINEER's respective offices, at all reasonable times during the Agreement
period and for three years from the date of final payment."
Section 6.1.1 of the original Professional Services Agreement and Section 2 of Amendment
No.2 relating to Lump Sum Payment are amended to read:
"6.1.1 Lump Sum Payment. The OWNER shall for design phase services performed on
the Highland Boulevard Reconstruction as Basic Engineering Services under sections 4.1
through 4.4 of this agreement pay a lump sum in the amount of $40,850.00 for such
services. The OWNER shall for design phase services performed on the Highland
Boulevard Bicycle/Pedestrian Pathway as Basic Engineering Services under sections 4.1
through 4.4 of this agreement pay a lump sum in the amount of $8600.00 for such
services. "
12. Section 6.1.2 of the original Professional Services Agreement and Section 3 of Amendment
No.2 relating to Payment Schedule are amended to read:
"6.1.2. Payment Schedule. Total cumulative payment for the design phase engineering
services for the Highland Boulevard Reconstruction (section 4.1 through 4.4) shall not
exceed the following ceilings:
$4,085.00 (10% of Design Fee) until the Pre-Design Investigation and report have
been submitted to the Owner and review authorities.
$20,425.00 (50% of Design Fee) until the Preliminary Plans and Specifications have
been submitted to the Owner and review authorities. $37,675.00 (90% of Design Fee)
until the Final Plans and Specifications have been submitted to the Owner and review
authorities.
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Payment Schedule. Total cumulative payment for the design phase engineerin~
services for the Highland Boulevard Bicycle/Pedestrian Pathway (4.1 through 4.4)
shall not exceed the following ceilings:
$860.00 (10% of Design Fee) until the Pre-Design Investigation and report have
been submitted to the Owner and review authorities.
$4300.00 (50% of Design Fee) until the Preliminary Plans and Specifications have
been submitted to the Owner and review authorities.
$7740.00 (90% of Design Fee) until the Final Plans and Specifications have been
submitted to the Owner and review authorities.
Partial and Final Payments: All costs related to this project are to be in conformance
with 48 CFR 31.2 (Federal Procurement Regulations).
13.
Payments will be made pursuant to certified invoices received compatible with current
practices and acceptable to the OWNER.
Whenever the ENGINEER will have completed the work in accordance with the terms
of the Agreement, the OWNER will certify to the completion and make final acceptance.
The OWNER will notify the ENGINEER that acceptance has been made.
The OWNER reserves the right to withhold payment of the ENGINEER's final payment
until the agreed upon services are finished to the full satisfaction of the OWNER.
ENGINEER Cost Estimate: The attached cost estimate, Exhibit "D", by this reference,
is hereby made a part of this Agreement. If this Agreement and the proposal conflict in
any areas, the Agreement will be binding."
Section 6.2.1 of the original Professional Services Agreement and Section 4 of Amendment
No.2 relating to Payment for Construction Services are amended to read:
"6.2.1 The OWNER shall pay for Construction Phase and Project Documentation
Services associated with the Highland Boulevard Reconstruction an amount not
to exceed $45,482.75 except as provided under 6.2.1.2 and 6.2.4.
The OWNER shall pay for Construction Phase and Project Documentation Services
associated with the Highland Boulevard Bicycle/Pedestrian Pathway an amount not to
exceed $4200.00 except as provided under 6.2.1.2 and 6.2.4."
14. Section 9.5 of the original Professional Services Agreement relating to Subletting or
Assigning of Work is amended by adding section 9.5.1 as follows:
"9.5.1 All subcontracts exceeding $10,000.00 in cost will contain all required provisions
of the prime Agreement."
Section 10.9 of Exhibit A of the original Professional Services Agreement relating to
Decision on Disputes is amended by adding section 10.9.3 as follows:
15.
"10.9.3 In the event of litigation, venue shall be the Eighteenth District Court of
Gallatin County, State of Montana, and the Agreement shall be interpreted according to
the laws of Montana."
,.,
16.
Section 9.10 of the original Professional Services Agreement relating to Ownership of
Documents is amended by adding section 9.10.1 as follows:
"9.10.1 All rel?orts, information, data, and other materials prepared by the ENGINEER
pursuant to thiS Agreement are the property of the OWNER and the Del?artment which
have the exclusive and unrestricted authority to release, publish or otherWise use, in whole
or part, information relating thereto. Any reuse without written verification or
adaptation by the ENGINEER for the specific purpose intended will be at the OWNER's
sole risk and without liability or legal exposure to the ENGINEER. No material
produced in whole or in part under tliis Agreement may be copyrighted or patented in
the United States or in any other country without the prior written approval of the
OWNER and the Department."
.
17. Section 9.4 of the original Professional Services Agreement relating to Nondiscrimination
is amended by adding section 9.4.1 as follows:
"9.4.1 Reference is made to Exhibit "C" of this Amendment, which by this reference is
hereby made a part of this Agreement."
18. Section 9.9 of the original Professional Services Agreement relating to Endorsement is
amended by adding section 9.9.1 as follows:
.
"9.9.1 The parties to this Agreement have each executed a certification. The certification
of the ENGINEER, labeled Exhibit "A" of this Amendment, is attached and by this
reference made a part of this Agreement. The certification of the OWNER, labeled
Exhibit "B" of this Amendment, is attached and by this reference made a part of this
A"
greement.
19.
With respect to the pedestrian and bicycle pathway, Article 2 of the original Professional
Services Agreement relating to Engineer's Responsibilities is amended by adding section
2.8 as follows:
"2.8
ENGINEER will comply with all regulations relative to implementation of the
AMERICANS WITH DISABILITIES ACT.
ENGINEER will incorporate or communicate the intent of the following statement in
all publications, announcements, video recordings, course offerings or other program
outputs: "ENGINEER will provide reasonable accommodations for any known disability
that may interfere with a person in participating in any service, program or activity
offered by the ENGINEER. In the case of documents, recordings or verbal presentations,
alternative accessible formats will be provided. For further information call the
ENGINEER. "
20. DISADVANTAGED BUSINESS ENTERPRISE (DBE)GOALS.
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Even though a 0% DBE goal was set for the engineering design and construction
engineering phases of this project, Montana Department of Transportation certified DBE
firms will be given serious consideration should subcontracting of certain services be
deemed necessary by the Prime Consultant on this project.
Misty Hammerbacker, the DBE Program Specialist, will be contacted at (406) 444-
6337, should subcontracting opportunities arise.
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21.
Except as specifically amended herein, the January 10, 1994 Original Agreement,
the May 1, 1995 Amendment No.1 to Professional Services Agreement, and the
July 17, 1995 Amendment No.2 to Professional Services Agreement shall remain
in force and effect and the parties shall be bound by all terms and conditions therein.
.
IN WITNESS WHEREOF, the panies hereto do make and execute this Agreement on
the day and year first above written.
ATTEST:
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Ro in L. Sullivan
Clerk of Commission
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By:
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Its: Cj ( ."F1P. c-;-- .
ATTEST:
By:_-Ifo/~ t11rx'~~------'
C, \OFFICE\WPWIN\WPDOCS\JAMES\AMENDN03. HT,D
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EXHIBIT n A n
CERTIFICATE OF CONSULTANT
I am a duly authorized representative of the firm of Thomas. Dean & Hoskins. Inc. ,whose address
is 111 North Tracv. Bozeman. Montana and I hereby certify as follows:
1 . That neither the firm nor any person associated therewith in a management capacity:
(a) has employed or retained for commission, percentage, brokerage, continent fee, or
other consideration, any firm or person (other than a bona fide employee working solely
for me or the above consultant) to solicit or secure this contract;
(b) has agreed, as an express or implied condition for obtaining this contract, to employ
or retain the services of any firm or person in connection with carrying out the
contract, or
(c) has paid or agreed to pay to any firm, organization, or person (other than a bona fide
employe working solely for me or the above consultant). any fee, contribution,
donation, or consideration of any kind for, or in connection with, procuring or carrying
out the contract; with no exceptions.
2. That neither the firm, nor any person who has critical influence on or substantial control in the
firm, nor any person associated therewith in a management or supervisory capacity:
(a) is currently under suspension, debarment, voluntary exclusion, or determination of
ineligibility by any federal agency;
(b) has, within a three-year period preceding this contract, been convicted or had a civil
judgment rendered against them for commission of fraud; a criminal offense in
connection with obtaining, attempting to obtain, or performing a public transaction or
contract under a public transaction; violation of antitrust statues; commission of
embezzlement, theft, forgery, bribery, falsification, or destruction of records, making
false statements, or receiving stolen property.
(c) is currently indicted for or otherwise criminally or civilly charged by a governmental
entity with commission of any of the offenses listed in paragraph 2(b) of this
certification.
(d) has had one or more public transactions terminated for cause or default within a three.
year period preceding this contract.
3. That to the best of my knowledge and belief:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding
of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
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(b) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, n Disclosure Form to Report
Lobbying, II in accordance with its instructions.
I acknowledge that this certificate is to be furnished to the City of Bozeman and the Federal Highway
Administration, in connection with this contract involving participation of Federal-Aid CTEP funds, and
is subject to applicable state and federal laws, both criminal and civil.
4-III/q7
Date' I
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EXHISIT "S"
CERTIFICATE OF (CITY/COUNTY)
I hereby certify that I am (Mayor/City Manager/Commission Chairperson) of the
~, Montana, and that the above consulting firm, or his representatives has not been required,
directly or indirectly, as an express or implied condition in connection with obtaining or carrying out this
contract, to:
(a) employ or retain, or agree to employ or retain, any firm or person, or
(b) pay, or agree to pay to any firm, person or organization, any fee, contribution,
donation, or consideration of any kind; with no exceptions.
I acknowledge that this certificate is to be furnished to the Montana Department of Transportation in
connection with this contract involving participation of Federal-Aid CTEP funds, and is subject to
applicable state and federal laws, both criminal and civil.
Date
Mayor, City Manager/Commission Chairperson
City/County of
S:ctep\exhibitb.wpd
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EXHIBIT "C"
COMPLIANCE WITH STATE AND FEDERAL CIVIL RIGHTS LAWS
During the performance of this Agreement the Consultant, or itself, its assignees and successors in
interest (referred to as the Consultant), agrees as follows:
A) COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 FOR FEDERAL-AID
CONTRACTS.
(1) Compliance with Requlations
The Consultant will comply with the Regulations of the Department of Transportation relative to
non-discrimination in Federally-assisted programs of the Department of Transportation (Title
49, Code of Federal Regulations, Part 21, hereinafter referred to as the Regulations), which
are herein incorporated by reference and made a part of this contract.
(2) Non-discrimination
In accordance with Section 207 of the Governmental Code of Fair Practices, Title 49, Chapter
3, M.C.A the Consultant will assure that hiring of persons who will perform work on this
contract after award and prior to completion will be made on the basis of merit and
qualifications and that there will be no discrimination on the basis of race, color, religion, creed,
political ideas, sex, age, marital status, physical, or mental handicap, or national origin by the
persons performing the contract.
The contractor, with regard to the work performed by it after award and prior to completion of
the contract work, will not discriminate on the ground of race, color, sex, or national origin in
the selection and retention of subcontractors, including procurement of materials and leases of
equipment. The Consultant will not participate either directly or indirectly in the discrimination
prohibited by Title 49, Code of Federal Regulation, Part 21, including employment practices,
when the contract covers a program set forth in Appendix A of the regulations.
(3)
Solicitations for Subcontracts. Includinq Procurement of Materials and Equipment
In all solicitations, either by competitive bidding or negotiation made by the Consultant for work
to be performed under a subcontract, including procurement of materials or equipment, each
potential sub-consultant or supplier will be notified by the Consultant of the Consultant's
obligations under this contract and the Regulations relative to non-discrimination on the ground
of race, color or national origin.
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(4)
Information and Reports
The Consultant will provide all information and reports required by the Regulations, or orders
and instructions issued pursuant to, and will permit access to its books, records, accounts,
other sources of information, any of its facilities as may be determined by the Government or
the Federal Highway Administration to be pertinent to ascertain compliance with such
regulations, orders and instructions. Where any information required of a Consultant is in the
exclusive possession of another who fails or refuses to furnish this information, the Consultant
will so certify to the Government, or the Federal Highway Administration as appropriate, and
will set forth what efforts it has made to obtain the information.
(5)
Sanctions for Non-compliance
In the even of the Consultant's non-compliance with the non-discrimination provisions of his
Agreement, the Government will impose such agreement sanctions as it or the Federal
Highway Administration may determine to be appropriate including, but not limited to,
(a) Withholding of payments to the Consultant under the Agreement until the Consultant
complies, and/or
(b) Cancellation, termination, or suspension of the Agreement, in whole or in part.
(6)
Incorporation of Provisions
The Consultant will include the provisions of paragraph (1) through (6) in every subcontract,
including procurement of materials and leases of equipment, unless exempt by the regulations,
order, or instructions issued. The Consultant will take such action with respect to any
subcontract or procurement as the Government or the Federal Highway Administration may
direct as a means of enforcing such provisions including sanctions for non-compliance.
Provided, however that, in the event a Consultant becomes involved in or is threatened with
litigation with a subcontractor or supplier as a result of such direction, the Consultant may
request the State to enter into such litigation to protect the interests of the State and, in
addition, the Consultant may request the United States to enter into such litigation to protect
the interests of the United States.
B)
COMPLIANCE WITH MONTANA GOVERNMENTAL CODE OF FAIR PRACTICES, 49-3-207,
MCA.
In accordance with Section 49-3-207, MCA, Consultant agrees that for this Agreement all hiring will be
made on the basis of merit and qualifications and that there will be no discrimination on the basis of
race, color, religion, creed, political ideas, sex, marital status, physical or mental disability, or national
origin by the persons performing the Agreement.
S:ctep\exhibitc.wpd
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EXHIBIT "0"
ENGINEER COST ESTIMATE
This proposal and cost estimate is hereby made a part of this Agreement.
HIGHLAND BOULEVARD RECONSTRUCTION
Design Services
$40,850.00
Construction Services
$45.482.75
Total:
$86,332.75
HIGHLAND BOULEVARD BICYCLE/PEDESTRIAN PATH
Design Services
$8600.00
Construction Services
$4200.00
Total:
$12.800.00
S:ctep\exhibitd.wpd
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AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT
-HIGHLAND BOULEVARD RECONSTRUCTION PROJECT-
THIS AGREEMENT made as of this 20th day of October, 1997
between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman
Montana, herein referred to as OWNER and THOMAS, DEAN & HOSKINS,
INC., an Engineering consulting Firm of Bozeman, Montana, herein
referred to as ENGINEER.
WHEREAS, the parties have entered into a Professional Services
Agreement dated January 10, 1994, herein referred to as Original
Agreement, for professional engineering services to reconstruct
Highland Boulevard from Kagy Boulevard northerly to the north
limits of the New Hyalite View Subdivision (north of Holly Drive),
amended by the May 1, 1995 Amendment No. 1 to Professional Services
Agreement, the July 17, 1995 Amendment No. 2 to Professional
Services Agreement, and the May 5, 1997 Amendment No. 3 to
Professional Services Agreement; and
WHEREAS, the inspection service needs and costs for the
Highland Boulevard Bike and Pedestrian Path Project exceeded those
anticipated under the contract; and
WHEREAS, the ENGINEER'S charge rates have not been adjusted
for inflation since the original Agreement; and
WHEREAS, the OWNER desires to amend its existing contract and
amendments with the ENGINEER as hereinafter provided to assure the
effective construction of the project; and
WHEREAS, the parties desire to abide by all of the
requirements of the Montana Community Transportation Enhancement
Program (CTEP),
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, the parties hereto do mutually agree as follows:
1. Article 1 of the original Professional Services Agreement
relating to Engineering Services is amended by adding section
1. 3 as follows:
"1.3 This Amendment takes effect as of the date first written
above. The services to be performed by the ENGINEER will be
completed no later than December 31, 1997."
2. Section 4.2 as amended in Amendment No. 2 to Professional
Services Agreement relating to the Preliminary Design Phase is
amended by adding to Section 4.2.10 as follows:
Replace the first sentence of the second paragraph with the
following:
The American Association of State Highway and Transportation
Officials (AASHTO) Guide for the Development of Bicycle
Facilities - August 1991 recommendations regarding path width
will be considered during design. A 12 (twelve) foot wide
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paved section will be designed if the path will likely be
shared with joggers and other pedestrians.
3. with respect to the pedestrian and bicycle pathway, Section
4.6 of the original Professional Services Agreement relating
to Project Documentation is amended by adding the following:
Record Drawings ("As-Builts") will not be provided for the
pedestrian and bicycle pathway project.
4. with respect to the pedestrian and bicycle pathway, section 13
of Amendment No.3, relating to Payment for Construction
services is amended to read:
The OWNER shall pay for Construction Phase and Project
Documentation Services associated with the Highland Boulevard
Bicycle/Pedestrian Pathway an amount not to exceed $9400.00.
5. with respect to the pedestrian and bicycle pathway:
section 6.2.1.1 (Costs Compensation) shall be amended as
follows:
Compensation for these services shall be based on the
ENGINEER'S Direct Labor Cost (Salaries) times a factor of
2.95 for services rendered, which shall cover Direct
Labor, Direct Labor Overhead, General and Administrative
Overhead and Profit.
Section 7.3 (Direct Labor Costs) of the original Professional
Services Agreement shall be amended, as follows:
6. Except as specifically amended herein, the January 10, 1994
Original Agreement, the May 1, 1995 Amendment No. 1 to
Professional Services Agreement, the July 17, 1995 Amendment
No. 2 to Professional Services Agreement, and the May 5, 1997
Amendment No. 3 to Professional Services Agreement shall
remain in force and effect and the parties shall be bound by
all terms and conditions therein.
Direct Labor Costs are:
senior Engineer
Staff Engineer
Technician
CADD Drafter
Construction Inspector-1
Construction Inspector-2
survey Party Chief
surveyor
Clerical
$30.66/hour
$23.22/hour
$15.45/hour
$11. SO/hour
$1l.50/hour
$14.00/hour
$14.00/hour
$11.50/hour
$ 8.25/hour
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IN WITNESS WHEREOF, the parties hereto do make and execute
this Agreement on the day and year first above written.
~~y 0:1+' -~
city anager
ATTEST(]t i ~
Robin L. Sullivan, Clerk of Commission
APPROVED
By:
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By: J/. .
Its: . r!;;d/ . ..
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REVISED EXHIBIT "D"
ENGINEER COST ESTIMATE
This revised proposal and cost estimate is hereby made a part of this Agreement.
HIGHLAND BOULEVARD RECONSTRUCTION
Design Services $40,850.00
Construction Services $45.482.75
Total: $86,332.75
HIGHLAND BOULEVARD BTCYCLEIPEDESTRlAN PATH
Design Services $8600.00
Construction Services $9400.00
Total: $18,000.00