HomeMy WebLinkAbout96- Thomas, Dean & Hoskins Professional Services Agreement
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PROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made as of February 5 , 19 96, 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 Redesign South 19th Avenue from Kagy Boulevard northerly
to East Main Street and has selected the ENGINEER to provide necessary and professional
engineering services for the project.
Whereas the ENGINEER represents that he 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 -SCOPE OF SERVICES
are hereby incorporated in and made part of this Agreement.
ARTICLE 1 - ENGINEERING SERVICES
1.1 This projer:t includes the topographic survey, utility location survey, geotechnical investigation, puhlic hearing,
envirolilllental (Categorical Exclusion) documentation, preliminary and final design, hydraulics reports and other
engineering services, including coordination with the Montana Department of Transportation. The detailed description
of the specific project components is descrihed in EXHIBIT A - SCOPE OF SERVICES.
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, hut not he limited to, serving as OWNER's
professional engineering representative for the Project, providing professional engineering consultation and advice and
furnishing customary civil and structural engineering services incidental thereto.
2.2 The ENGINEER shall furnish all labor, materials, equipment, supplies, and incidentals necessary to conduct
and complete the ENGINEER'S portions of the Project and to prepare and deliver to the OWNER all data, reports,
plans, specifications, and reconmlendations as designated herein.
2.3 The ENGINEER shall ascertain such information as may have a hearing on the work from local units of
govenill1tnt, 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.
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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 ofthe project. The Principal-In-Charge shall
be James A. Cummings.
2.6 The ENGINEER shall name a Projer:t Manager and Local Project Coordinator who shall be the liaison hetween
the ENGINEER and the OWNER. The Project Manager shall be Jack R. Fisher and the Local Project Coordinator shall
he 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 projer:t is completed.
ARTICLE 3 - OWNER'S RESPONSIBILITIES
3.1 The OWNER names Richard Hixson as the Task Director who shall he the liaison hetween the ENGINEER
and the OWNER during DESIGN segment of the Project.
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, construr:tion records, etr:.) 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 design conferences, plan-in-hands, puhlic hearings, and other job related
meeti ngs
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 detine OWNER's requirements for the Project and
review availahle data.
4.1.2 Advise OWNER as to the necessity of OWNER's providing or ohtaining from others, data
or services and assist OWNER in ohtaining 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 Schedule and hold a preliminary tield review to discuss and decide upon general scope, extent
and charar:ter of the project. Prepare and distribute report.
4.1.5 Perform environmental studies including the Categorical Exclusion, design field survey, soil
surveys and typical section design. The tield survey shall include locating existing utilities (such as gas, power,
telephone, TV cahles, water and sewer lines, irrigation facilities), fences, existing rights-of-way, easements and
approach driveways and making measured drawings of or investigating conditions of existing facilities. The
ENGINEER shall provide suitahle horizontal and vertical reference control points for the construction phase.
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The ENGINEER shall conduct such geotechnical explorations and analysis as necessary for project design. A
geotechnical report will be prepared with reconmlendations relating to conditions pertinent to the design and
construction of the Project. Suhsurface information will be obtained hy reviewing any existing geotechnical
data available and using additional backhoe test pits and soil horings as necessary.
The ENGINEER shall, furnish copies of a geotechnical report as requested to OWNER for use by OWNER
and Contractors. The report is to be prepared for design purposes; ENGINEER will not be responsible if it
is used by others for other purposes.
4.1.6 Prepare a Report containing the Scope of Work Report (referred to in Paragraph 10.1.3),
schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate clearly the
considerations involved (including applicahle 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 hy ENGINEER'S opinion of probable costs for the project,
including the following which will be separately itemized; Construction costs, allowance for engineering costs
and contingencies, and (on the basis of information furnished by the OWNER) allowances for such other items
as charges of all other professionals and consultants, for the costs of land and rights-of-way, for compensation
for or damages to properties, for interest and financing charges and for other services to he provided hy others
for OWNER. The total of all such costs, allowance, etc. are hereinafter called the "Total Project Costs".
4.1.7 Furnish 5 copies of the Study and Report documents and review them in person with
OWNER.
The Pre-Design Investigation Phase shall be completed and all above listed information suhmitted within 200 calendar
days following written authorization from OWNER to ENGINEER to proceed with that phase of services.
4.2 PRELIMINARY DESIGN PHASE. After written acceptance of the Pre-Design Report, the ENGINEER shall
proceed with the Preliminary Design Phase:
4.2.1 In consultation with OWNER determine general scope, extent and character of the project.
4.2.2 ENGINEER shall then prepare a Preliminary Design Report, preliminary plans and
specifications and a written description for the project.
4.2.3 PreIiminarv Design Report. Plans and Specitications. Prepare preliminary design report
(including the alignment review report), construction plans and specifications with information which addresses
the special features of each project task.
Preliminary plans will include road plans, cross-sections, R/W and utility plans, signing and pavement marking
plans, traffic control plans, signal and lighting plans and any special plans required for construction of the
project.
Preliminary special provisions including traftlc control will be prepared.
A preliminary hydraulics report will be prepared and submitted to the Owner.
4.2.4 Based on the information contained in the preliminary design documents, ENGINEER will
suhmit a revised opinion of prohable Total Project Costs to the OWNER.
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4.2.5 ENGINEER shall prepare and furnish complete copies of preliminary hidding documents as
requested to OWNER and at the same time furnish copies as directed hy OWNER to agencies and/or parties
having regulatory responsihilities 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 preliminary
and final plan~in-hand site reviews. All changes agreed to between ENGINEER and OWNER will he noted
in memorandums from the ENGINEER to the OWNER and incorporated into the final plans and specifications.
The Preliminary Design Phase shall be completed and all above listed information suhmitted within 180 calendar days
following written authorization from OWNER to ENGINEER to proceed with this phase of services.
4.3 FINAL DESIGN PHASE. After compJetion and approval of the preliminary design phase, the ENGINEER
shall:
4.3.1 On the basis of the accepted Preliminary Design documents and the revised opinion of
prohably Total Project Costs, prepare for incorporation in the Contrar:t Documents final drawings and TechnicaJ
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 project bidding and construction.
4.3.2 Advise OWNER of any adjustments to the latest opinion of prohahle Total Project Costs
caused by changes in general scope, extent or character or design requirements of the Projer:t or Construction
Costs. Furnish to OWNER a revised opinion of probahle Total Project Costs hased on the Drawings and
Speci fl cations.
4.3.3 Prepare special provisions to the MDT's Standard Specifications for Road and Bridge
Construction for review and approval by OWNER, its legal counsel and other advisors.
4.3.4 Furnish OWNER six copies of the final design drawings and Special Provisions.
The Final Design Phase will be completed and all listed information submitted within 210 calendar days following written
authorization from OWNER to ENGINEER to proceed with this phase of services.
The ENGINEER shall render professional Engineering Services as described in EXHIBIT A - SCOPE OF SERVICES.
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 ohtain from others such services and will be paid theref(Jr 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 govenmlental agencies in addition to those
required under Basic Services.
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.
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5.1.5. Preparing documents for alternate bids requested hy 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.
ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE
6.1 COST PAYMENT FOR BASIC SRRVICES OF, RXPRNSES OF, AND FIXED FEE FOR ENGINRRR.
Professional engineering services performed as Basic Engineering Services under section 4.1 through 4.3 including the
Pre-Design Investigation Phase, the Preliminary Design Phase and the Final Design Phase shall be compensated in
accordance with the following:
6.1.1 Payroll Costs. The ENGINEER will he reimbursed for the actual payroll costs as set forth
in section 7.3, for the time such employees are directly utilized on work necessary to fulfill the terms of this Agreement.
To this amount will be added the general administrative overhead costs as set forth in section 7.4.
6.1.2 Out-of-Pocket Expenses. The ENGINEER will be reimhursed for actual out-of-pocket
expenses as speci fled in section 7.5.
6.1.3 Lump Sum Fee. The ENGINEER will be paid a lump sum fixed fee of $14,475 (Fourteen
Thousand Four Hundred and Seventy-five Dollars) not to exceed that amount to cover profit.
6.1.4 Total Payment. The total payment to the ENGINEER for the work contemplated under
sections 4.1 through 4.3 of this Agreement will not exceed $174,988.28 (One Hundred Seventy-four Thousand Nine
Hundred and Eighty-eight Dollars and Twenty~eight cents).
6.1.5 Partial and Final Payments. Partial payments of the foregoing will be made at monthly
intervals as the work progresses, based upon certified invoices received, compatible with current practices and acceptahle
to the OWNER. Invoices will be submitted in triplicate. Payments on the lump sum fixed fee for profit will he hased
upon the estimated percentage of work completed.
The OWNER reserves the right to withhold payment of the ENGINEER's final payment until any and all just
claims filed with the OWNER against the Contract have been settled. Accomplishment of an atJidavit on the final claim
by the ENGINEER will constitute full acceptance by the ENGINEER of the total amount shown as the entire amount
due under the Agreement.
6.1.6 N oti tI cation. At any time during the project development that it he comes apparent that the
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 shal1 review the scope and progress of the project work. ENGINEER
shal1 obtain written authorization from OWNER, prior to any additional costs being incurred. If it is determined that
due to a change in project scope under paragraph 5.1.3, the ENGINEER is entitled to additional compensation, OWNER
and ENGINEER may negotiate terms as provided under 6.1. The amount and terms of any additional compensation shall
be negotiated and agreed in writing pursuant to 9.16.
6.1.7 Engineering Cost Estimate. The attached Engineering Cost Estimate, Exhibit "C", hy this
reference is hereby made a part of this Agreement.
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6.1.8 Inspection and Audit. All hooks, papers, records, payrolls, vouchers, and invoices relating
to costs and expenditures incurred as to the performance of the services specified in sections 4.1 through 4.3 hy the
ENGINEER or any of its subcontractors will be made availahle to the OWNER or the OWNER'S 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.
6.1.9 Type of Contract. The ENGINEER agrees that this is a professional services contract and
that the ENGINEER is an independent contractor and not an employee of the OWNER. It is further understood by the
ENGINEER that no deductions 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.
ARTICLE 7 - MEANING OF TERMS
7.1 AGREEMENT. As used herein the term "this Agreement" refers to the contents of this document and its
Exhihits 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,
hut 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 specities, nor will it include OWNER's legal, accounting, insurance
counseling or auditing services, or interest and tlnancing charges incurred in connection with the Project or the cost of
other services to be provided by others to OWNER.
7.3 PAYROLL COSTS. Payroll costs are defined as the actual salaries and payroll items of all personnel worki ng
on the Project. The OWNER agrees to pay such ar:tual payroll items as Social Security, Unemployment Compensation,
excise and payroll taxes, employees' compensation insurance, sick leave, vacation, holiday pay and employees'
retirement, employee medical and disability insurance in addition to actual salaries. The OWNER agrees to reimburse
the ENGINEER for overtime at the rate of one and one-half (1'/2) times the hourly rate paid each employee. Requests
for authorization of overtime will require prior written approval of the OWNER. Overtime is all hours worked in excess
of forty (40) hours per week. The hourly rate for salaried employees will be determined from their annual salary divided
by two thousand eighty (2080) hours.
7.4 GENERAL ADMINISTRATIVE OVERHEAD. General administrative overhead of the ENGINEER is
applicahle to the payroll costs described in 7.3, PAYROLL COSTS. Such overhead will include, hut not he limited to:
administrative, clerical, and unaIlocated labor; employee bonuses and incentive awards; general travel expenses;
depreciation; dues and subscriptions; equipment rental; freight; general husiness insurance; employee travel, accident,
and life insurance; legal and accounting; otlice, drafting room, and laboratory supplies; professional society fees;
recruiting; rent; building and equipment repairs and maintenance; taxes and licenses; telephone and telegraph (except toll
charges specifically related to each individual projer:t); general travel and employee relocation; utilities and janitorial
services; and office miscellaneous expense. Specifically excluded are bad deht~ and interest on borrowed capital.
7.5 OUT-OF~POCKET EXPENSES. Out-of-pocket expenses directly related to this Project will be reimbursed at
cost. They will include all travel and subsistence, except that no per diem will be allowed personnel while working in
the principal or other headquarters oftlce, unless on a temporary assignment to meet peak load demands, special
reproduction costs, special equipment rental, fees paid to any specialists not on the ENGINEER'S payroll, computer
facilities, contract bond, and all such unusual costs associated with the Project. All out-of-pocket costs will require
approval of the OWNER. It will not include regular oftlce expenses such as rent, light, normal equipment, and similar
expense~. It will include the cost, at standard rates, of printing, at the request of the OWNER.
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ARTICLE 8 - PAYMENT PROVISIONS
R.l TIMES OF PAYMENTS. ENGINEER may suhmit monthly statements for Basic Services and approved
Additional Services rendered and for Reimbursahle Expenses incurred; however, payments shall not exceed the ceilings
provided in 6.1. Pinal payment shall be made only after acceptance of the project by the OWNER. If OWNER disputes
the amount of the hilling, OWNER will notify the ENGINEER in writing within ten (10) calendar days of the receipt
of bill of the dispute.
R.2 REQUESTS FOR PAYMENT. Each request for payment shal1 include a documentation summary of the
period incremental man hours incurred, direct lahor rates and billed rates, detail of reimbursahle costs, total period
billing, and total cumulative billing. When requested by OWNER services for distinct project segments shall he
accounted and billed separately.
8.3 PA YMENT 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 he 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
hasis 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.
ARTICLE 9 - GENERAL CONSIDERATIONS
9.1 TERMINATION OF AGREEMENT.
9.1.1 The sole right is herehy 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, hut (I) no amount shall he 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 hecause of the ENGINEER's default. If
termination for convenience is effected by the OWNER, the equitable adjustment shall include a reasonable
profit, as determined hy 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 hy the ENGINEER relating to
cOlmnitments 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 heen 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 hy
the ENGINEER prior to said termination shall be delivered to and become the property or 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.
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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 hooks, papers, records, payrolls, vouchers and invoices relating to costs
and expenditures incurred as to the performance of the services by the ENGINEER hereunder shall he made availahle
to the OWNER, or their authorized representatives for audit and review, at the ENGINEER'S respective offices at aU
reasonahle 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 contrar:t, and that he has
not paid or agreed to pay any company or person, other than hona 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 shal1 have the right to annul
the Contract without Iiahility 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 hy
the ENGINEER shall be considered employees of the ENGINEER only and not of the OWNER.
9.4 NONDISCRIM INA TION. The ENGINEER will not discriminate on the basis ofrace, color, religion, creed,
political ideas, sex, age, marital status, national origin or disahility in employment or provision of services. The
ENGINEER shall he subject to and comply with Title VI of the Civil Rights Act of 1964; Ser:tion 140, Title 2, United
States Code, and all regulations promulgated thereunder.
9.5 SUBLETTING OR ASSIGNING OF WORK. The ENGINEER shall not sublet or assign any of the work
covered herein without prior written approval of the OWNER.
9.6 STANDARD OF CARE. ENGINEER warrants that it will provide its services in accordance with the
standards of care, skill, knowledge, and diligence normally exercised hy a professional engineer in the performance of
such engineering services. If any such service should he 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
applicahle to the work to be done.
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 liahility of any character whatsoever brought or asserted for any injury, death, or damage received or sustained by
any person, persons, property, husiness or any other entity, arising out of or resulting from, or in conner:tion with the
performance of the work herein specitied. 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 he obtained in the work herein specified, and to the extent that the work shall he 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, heing responsihle for any required payroll deductions and
providing required benefits, such as, hut not limited to, worker's compensation with statutory limits, ,md unemployment
insurance.
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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 ohligations 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:
Bodilv Iniury & Property
Damage Single and combined $ 1,000.000 per accident
Automobile:
Bodily Iniury covering aU $ 500,000 each person
automohiles, trucks,
tractors, trailers. or $1.000,000 each occurrence
other automotive equip-
ment whether owned or
rented hy Engineer or
owned hy employees of
Engineer.
Property Damage covering $ 500,000 each occurrence
all automobiles, trucks,
tractors, trailers or other
automotive equipment whether
owned or rented hy Engineer
or owned hy employees of
Engineer
OR
Bodily Iniury & Property $ 500,000 each occurrence
Damage Single and combined
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 hy
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 puhlic
dissemination without prior approval of the OWNER.
9.12 PROPRIETARY RIGHTS. If patentahle discoveries or inventions should result from work required herein,
all rights accruing from such discoveries or inventions shall he joint property of the ENGINEER and the OWNER.
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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 manut~lcture, use and
disposition, according to law, of any article or material, and in the use of any method that may be developed as part of
the work described and contemplated herein.
9.13 RECORDS. The ENGINEER shall maintain accounting records and other evidence pertaining to the cost
incurred and to make the records available at all reasonahle times during the Contract term and for one (I) year from
the date of tlnal 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 he 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 he comes necessary for either Party ofthis Contrar:t
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 he 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 moditication of this Contract or any
provisions herein shall be made in writing or executed in the same manner as this original document and shall after
execution become a part of this Contract.
In witness Whereof, the Parties hereto do make and execute this Agreement.
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BY:
DATE: February 5. 1996 DATE: -17- /2-'1/ q S-
f (
AIT~ ' ATTEST:
ci~ BY: {;fIIJ (l;41c{)
BY: ~
(Clerk of Commission) Davi _ . Crawfo d -.
Bozeman Manager
BY:
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EXHIBIT A
TO AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES
SCOPE OF SERVICES
This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on ,.l2
_, between CITY OF BOZEMAN (OWNER) and Thomas, Dean & Hoskins, Inc., Bozeman, Montana (ENGINEER)
providing for professional engineering services.
ARTICLE 10 - SCOPE OF SERVICES
10.1 DEVELOPMENT
10.1.1 The project will be developed in accordance with Procedure A (Categorical Exclusion) of the MDT
project development procedures. If during development of this project it becomes necessary to change the
environmental document to an B.A. (Environment Assessment) or a 4-f statement is required, the fees will he
negotiated.
10.1.2 All design work will be accomplished utilizing Intergraph Microstation Software. RDS work will be
completed using GeoPak Software. Design and plans will be in metric units.
10 .1.3 TD&H will prepare a detailed Scope of Work Report incorporating existing information and
conclusions generated at the pre-design meeting.
10.1.4 Project reviews will include alignment, preliminary plan-in-hand and tinal plan-in-hand.
10.2 PUBLIC INVOLVEMENT
10.2. I TD&H will prepare a news release and Letter of Intent for the project. The mailing list will be jointly
developed by the City, TD&H and MDT.
10.2.2 One scoping meeting and one puhlic hearing nleeting will be held.
10.2.3 If puhlic concern warrants, a citizen advisory committee could be formed. They would meet regularly
to discuss projer:t issues. These meetings are not included in TD&H's proposed fee.
10.3 SURVEY
10.3.1 A control traverse survey will be provided by TD&H.
10.3.2 Surveys included in the project are: topography, contours/cross-ser:tions, utility location, hydraulic
(HYD-l), controlling section corners, locate and tie existing property corners, and stake/reference control points
on final design centerline.
10.3.3 All survey work will be performed in accordance with the MDT Surveying Manual and their
procedures for a control traverse system, control traverse diagram and plotting and property corner ties.
.
10.4 TRAFFIC ANALYSIS
10.4.1 TD&H will utilize traffic counts provided by the City and MDT to define the warrants and
requirements for the new roadway design.
10.4.2 No evaluation for signalization is required for this project.
10.5 MA TERIALS
Hl.5.1 TD&H's geotechnical engineer will condur:t all geotechnical investigations for hackslopes, foundation
design, pavement design, culvert and suhsurface drainage.
10.5.2 All geotechnical work will be in accordance with MT-207. A drilling and investigation plan will he
prepared and delivered to the City and MDT for review and conilllent prior to heginning work. The proposal
includes 6 drill locations to a depth of 3 meters.
10.5.3 A report with design reconilllendations will be prepared and distrihuted tor review and comment.
10.5.4 The soil survey will he shown on the plans at the alignment review and Plan-in-Hand with the soil
sample locations, sampling depths and soil properties.
10.5. 5 The MDT will be responsihle for conducting the "Rn Value and corrosion tests at no cost to the
consultant. TD&H will be responsihle for conducting the remaining tests. (moisture content; visual
classification; sieve analysis; Atterberg limits; and moisture density, ASTM D69R)
10.6 ENVIRONMENTAL
10.6.1 TD&H will research, evaluate and provide recommendations for enviromnental impacts including hut
not limited to cultural, social, economic, farm lands, air quality, biological and noise impacts. Noise impacts
will be evaluated with calculations, no field analysis will be accomplished. If 4(t) or 6(t) impacts are
discovered, they will be evaluated at an additional fee to be negotiated after the scope is determined. A
hazardous waste inventory will be completed for the project.
10.6.2 TD&H will prepare the Biological Resources Report and conduct the coordination necessary for the
Threatened and Endangered Species Clearance. The wetlands inventory, wetlands evaluation and mitigation
recommendation will be prepared.
JO.6.3 TD&H will prepare the exhibits for and apply for all required 404 and 310 permits.
10.6.4 A Cultural Resource Survey and Cultural Resources Survey Report will he prepared. The 106
clearance application will be submitted to the State Historic Preservation Office.
10.6.5 Copies of all supporting documentation and aU environmental documents will be provided to the City
for review and comment.
10.7 REPORTS
The following reports will be provided:
10.7.1 Minutes of all project meetings
10.7.2 Scope of Work Report
10.7.3 Cultural Resources Survey Report (5 copies)
10.7.4 Biological Resources Report (5 copies)
10.7.5 Soils/Geotechnical Report (5 copies)
,
10.7.6 Categorical Exclusion (100 copies)
10.7.7 Preliminary Hydraulic Report (3 copies)
1O.7.R Alignment Review Report
10.7.9 Pinal Hydraulics Report (3 copies)
10.7.10 Plan-in-Hand Report
10.7.11 Design Exception Report (if required)
10.7.12 Pinal Plan Review Report
10.8 RIGHT OF WAY
10.8.1 TD&H will prepare the right of way plans.
10.8.2 Right of way will be 0.3 meters behind the sidewalk. All construction outside of the right of way
limits will be hy construction permit.
10.8.3 The City will furnish all required memorandums of title required for right of way development.
10.8.4 No right of way appraisal or acquisition is included in tlle scope of services for this project.
10.8.5 The MDT will provide existing right of way plans and deeds.
10.9 UTILITIES
10.9.1 Utility plans will he prepared for this project.
10.9.2 Existing utilities will be located and shown on the plans
10.9.3 The City indicated that their water and sewer mains do not require upgrading in the project area.
10.9.4 The MDT will he responsible for negotiating and preparing necessary agreements with utility
companies.
10.10 ROAD DESIGN AND PLANS
10.10.1 A complete urhan design for a four lane roadway with appropriate turning lanes will be prepared for
the project. The design will include all necessary design elements: storm drainage; curb and gutter; lighting;
geometrics; cross walks, handicap facilities and additional features required to complete the project. No special
landscaping or signalization design is required. Relocation of conduit and detector loops for existing
signalization is included in the project. Replacement of grass and seeding houlevards is the anticipated extent
of landscaping.
10.10.2 Documentation will be provided to support and justify the reconunended horizontal alignment. The
alignment review report will evaluate existing right of way, new right of way requirements, utility involvement
and enviromnental concerns.
10.10.3 The following plans, including title sheets and summaries, are anticipated for projer:t development:
construction, right of way, utility, signing and pavement markings, electrical and cross sections.
10.10.4 TD&H will also prepare the special provisions, traftic control plan, and erosion control plan for the
project, in accordance with MDT Standards.
10.10.5 The design will meet current MDT standards and all work will be in accordance with the Metric Road
Design Manual.
. l
10.11 HYDRAULIC DESIGN
10.11.1 A hydraulic design of drainage and irrigation facilities will he developed.
10.11.2 The MDT Culvert Selection Guidelines will be used to ensure the required culvert service life.
10.11.3 All design will he prepared in accordance with the MDT Hydraulics Manual and Procedures.
10.12 LIGHTING
1ll.12.1 A lighting system, meeting MDT criteria, will be developed to provide continuous illumination.
10. 12.2 TD&H will work closely with Montana Power Company to select potential power cotmectionlocations
to minimize line loss and to locate poles and conduit runs to avoid contlicts with other utilities.
10.13 MISCELLANEOUS
10.13.1 The following number of design review plan sheets are to he provided:
Full Sized 1/2 Sized
Plan Sheets Plan Sheets
Alignment Review 6 6
Preliminary Plan in Hand 6 6
Pi nal Plan in Hand 6 6
Pinal Check Set 6 6
TD&H can eler:t to provide all required plan sheets as full sized. If additional plans are required, they
will be provided at the rate per sheet of $1.20 for full sized and $0.10 for 1/2 sized.
10.13.2 If retaining walls are required, they will be designed for an additional fee to he negotiated.
10.13.4 If additional signalization studies are required, they will be accomplished at an additional fee to be
negotiated.
.
. 1
EXHIBIT" e"
SO. 19TH FROM MAIN TO KAGY
BOZEMAN, MONTANA
PERSONHOUR REQUIREMENTS
------------------- -------------Engr ~------- ---- --------------
~ptiv~ty/Desc:r-i~()~ ___ _______E!}9!.-- Tech~__?urv. __ __Draft_:__ CI_erical
O~t?ln~_Revi~w- ~roje_ctpat? ___________16 _______~__ __---==_ u. -- .. 1
Pr~d eslg_l1l'{1eeti 11~-- _____ _________ 2_~_ __~6_____ -:_ -__--_~~--- _____--- 2-'
C~ntrol Traver~~Surv_~_________ 4___ __-=-___ 32.._ ----- ~---------~-
Jql?~gr~J~hY_~>5:Sections-----------4 __:-=---. ~O. ..' .16. ... . 1
. ._" -- .-----.- .--.---- --. --.---
Section_CornerlproRert~in Surv~y~__?__1L __ ~_~_____ 8_ ------ t
~Jility_ Lqca!ion ?urv~~_____ ____~_____. ::-=---__2~__ 8_____ 2_~~_
$takeDe~~n Cel1terline___----- _~-----L---40 _____ ::------ J___
S()ils~Geo!ecQnical!l1ve~fuLatiol1-- _~O--- 40 ....___ _-=____ _--=-- _ 10
Scop~()LWorl5 ReQo~L__ _____ ___ _ 40 ....___ _~-___::- .'_ .... 8...... 4.
" _ -."---.., -.. ----..
ScgRing---'~leet.i!:!fL___.___ __ ____24 ____L_ __ _--=----_ __1L___ 4
~blic-He?ril1-L----------- _ __~2---- L__--=-_________1€?___ 1__
?ubc0l1tractor~oo-rdina1jon.--_------ .. 24__::=----- __--=--_____ :::____ 2
Fi.~h _ ~--.9ame~9orqinationJ[?rme~ C~naIL?_L__---=__ ___ _----.:-:__ 8 2
__-4:04-ang _ 31Q.fermits.__________ _4~_ ___--=-____-::__= _~ 8-= _==4
_~nvir()me-nt~LQgcu-!11el1!lg-at. Ex.)______.J7~_ __ 40___::::____ _.l~ ____ _16
Ali9D-mentRev~eyv-ReRort _----"-------,c----"-"---=~--,,--,--------'=cc-~ 2~ _ _~--"-'-'---1 ~ .._-'-'-------=-=--- -:_----=----,---c--"'-=-~--::_=_===__o_cc__=____'''_2.
Pr~lim!na~'LPlan~----------------------- ------ ------ --
Construction Plans 100 -- -- 400 --
_ ____ _...___.____._..._ ___ ___ .__. __"__ _____. __._....________._....__ ---.------- ----1
R/W & Utilit\! Plans 40 -- -- 40 --.
-.. .---- --- .__.:~ --- -...---. .--...---- ..-.---- ---.---'-' .-_.--' .----------. --------------,
Cross Sections 8 -- -- 48 --:
_._.., ,__.,__."._._..,~.,.,..__...,_,.".___",.__. ._." "_,, .__ "..___., ___.. ,.__. .___... ___..___... ._._._.' __ ..___... .."."__,,. _____ --- I
_?iUD1QfL~ave,meQ1Jy1ar~!Dg Plan~_____..i...-~1_---=--- ___~O----- -::-i
f'.r~li min ~!..'L_!::!'Lq ra~lic Rep()!L ______~Q.______=__:____4L ____--.1_6__ ..____.1..._1
I:~elimtoarY_.Iraffjc Control Plan_______Jq___ __12,--~~ --- ,. 24______2_1
~J~ecial..l~!.()vision~--- __________ _..10___ _-=-__--=_____ --=------ __4~
Quantities & Cost Estimate 8 16 -- -- 2 i
rp-IH&R~R~rt . _- .. ,'..' _ __.".. .__ .-___--_~_?4:, . - __ :1_6:-.. ... -_.. ,._--- . ,'-- ,.-,~, ~~,~--,~._~-..,.~1 -_oj
Final Plans
-- -....----..-....--..-..-..--.-...-. ---. --- ..---....---.----. -- .--. ..------- ....-- ---...--j
Construction Plans 60 -- -- 240 --
---.'."-' -..-.-.-...--.--' .-.-",.--...-. .--. .---. .-. .--. .-. ."-...,,,--.--."--'. -.. ....---. ..- ..-.-.....- .-.--.---
R/W & Utilit\! Plans 24 -- -- 32 --
_.......___...._...-"'.~"._.._.-._.".....--....-.. .___. .__.___' _.. ._._._..._.__...____. ._.... ..___ ...___. .___ __.__._ --'--1
Cross Sections 4 -- -- 32 --'
-..."..-----...-.-..-...-..-....-."'--.....-...----. ..-. .".--....--.'."-. -."..--.".-- ---. ..----- .---... .--."... ----.
_SLg.l1inR~l:>av-eme01J\I1 arking.E!(.i_ns_ ___ _-.1______?L-- _--=-______ 2 4 -----~-- ----
EiO..?!t!Y_draulicI3~ort--- _______ 60__ ___-::___ __-=- __ ---~- -- ___4____
Traffic Control Plan 12 8 -- 16 2
----....-. .-.-....-...-..'--. .--..".- --.. - .- .-.--.. ---...--.. -.... .-- ---.---. .--'.. .--- ..--.. .--... ..-.
Snecial Provisions 24 -- -- -- 4
1':"'_ ,,_...'.__ _.._.._.'._" _....__. .____ ....__. _..__ .-.. .---..... "'--. ...-- ..- --.. ..-.---. -... -..--.... .._._m ..-.....- .......-- ..-,,~
Iq~_?l1tities~c:ost...tstimate ____ _______~_ ___ .....l~ ____~_=_______ ::_-=- --- 2
\EPI!i&....B~_~ocL_ _____ ______ 24_ __ 1_L__ _~-___ ---~------ ---- 1_.
Erosion Control Plan 24 8 -~ 24 4
IE!nal_~rOjectHe'{ieyv-:==-=-=~= :=~--1_6_=_ =_-8 __-= ~_~=-~~~-~-~~:--2
IPs..._1-j Quali!y_<;:gntrol- Check____ _ __ 24_____ -----:- -----=- - ----- --=---- ----::--..
fin9J F'.@n_Beview--- ________ ____ 8___ ____ 1 fL._ __ --=- _____ 49 2
I Plotting Plan Sheets -- -- -- 40 --
irQTAL-- . ..... .... .. ....... "'., ..-~__---c-c-~~---=j~-lQ9----- -316- -_ ..... 2-96 _ _ __1j~3~=-:~:o 98
. . .
. ,
..---- .---.---., .-.... ......----... -----.- ----- ..--- ..-..---.."'. - --------- 1
COST ESTIMATE
~ctiYl!Y__ Rate * Hours Cost
.-.-. ..-----..-..- -----.. ---..- ...---.-.--". .-----.--.--.-...-..... ".- --.-.,.-----
Engineer $27.00 1,109 $29,943.00
Technician 18.25 316 5,767.00
Draftsperson 14.00 1,136 15,904.00
Surveyor 14.20 296 4,203.20
Clerical 10.00 98 980.00
[SUBTOTAL ---- ...---..".. .--------.-......- -~_5 6_~? 9~. 20 I
--_."---- .....---...-.. ...------..--..
Pay Factor & 1.4 $79,516.08
General Overhead
1------ -------------- --=-_-=-~~$7.9,_~_1 6 .6~1
$UBTJJTA(.__ ___n___
Misc. Costs:
-.----...- ---"..
Computer & Survey Equip. $3,500.00
Mileage 1 ,750.00
Per Diem 850.00
Printing & Plotting 5,600.00
Geotechnical (Driller) 1 ,500.00
Cultural Resources (GCM, Inc.) 4,150.00
Biological Report (Reichelt) 850.00
Electrical (SMD) 6,000.00
I-SUBTOTAL --- ----------$24,20-0.001
-" ,.-.---..,.---....---....'..--.'--' ....---...-.. ---.----. ,.. --...
PROFIT $14,475.00
IfoiAL~-~~~~~___ ----~~=lli4!~i88.-:~
* Average rate of personnel in each category
-., .--- .-----.-., ".--- -- ----- ----.".--'-.'--... -----...------. --- -.---..- ___J
.
. .
Amendment NO.1 to Professional Services Agreement
South 19th Avenue Street Improvements
January 2001
THIS AGREEMENT is made as of this 29th day of , 2000;
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 February 5,
1996, herein referred to as Original Agreement for professional engineering services to improve South
19th Avenue from Kagy Boulevard northerly to the East Main Street; and
WHEREAS, the OWNER now wishes to complete the project with the MDT (Montana Department
of Transportation); and the ENGINEER'S hourly charge rates have increased since the ORIGINAL
AGREEMENT; and
WHEREAS, the parties desire to amend the scope of services and fee provisions of the Original
Agreement,
NOW, THERFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED
HEREIN, the parties agree as follows:
1. Section 4.3 of the Original Agreement pertaining to final design phase services is amended to
add the following section 4.3.5. Labor and cost summaries of these tasks are attached to this
amendment as Exhibits 1 & 2.
4.3.5 Review all the existing data and send to the MDT for their review.
Update the environmental document as needed to meet the current MDT standards.
Obtain title memos for those parcels where right of way acquisition is required. Originally the City
of Bozeman was to obtain the title memos.
Resurvey as needed to account for the fact that the existing roadway was widened. Any future
changes would be beyond the scope of this amendment.
Update the plans to incorporate the changed items.
Rerun the earthwork based on the new updated plans.
Hold an MDT "Alignment and grade review."
Conduct a Hazardous Material, Phase I Assessment.
Perform a traffic study, induding analyses of the intersections of South 19th Avenue with: West
College Street, West Koch Street and Kagy Boulevard. The traffic study will be prepared in
accordance with the MDT guidelines. The report will define the study area conditions, present the
projected traftic estimates, provide a traft1c analysis including signals, capacity, roadway
geometry, sight distance and potential future conditions. Other roadway features such as lighting
and curb and gutter will be reviewed. Recommendations for intersections, roadway geometry,
access, lighting and curb and gutter will be provided.
Complete design for signals at the intersections of South I9lh Avenue with West Koch Street and
West College Street.
2. The Lump Sum fee described in paragraph 6.1.3 is amended to $23,375.00.
3. The Total Payment described in paragraph 6.1.4 is amended to $254,900.74.
,
,
4. Section 9.6 "Standard of Care" shall be replaced with the following:
9.6 STANDARD OF CARE.
In providing services under this agreement, the ENGINEER will perform in a
manner consistent with the degree of care and skill ordinarily exercised by members of the same profession
currently practicing under similar circumstances. If any service should be found to be not in conformance
with this standard, the ENGINEER shall, at the OWNER's request, re-perform the service at its own
expense. Engineer shall also, at its own expense, make such changes, modit1cations or additions to the
project which are made necessary as a result of the initial non-perfonnance 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.
5. Section 9.7 "Legal Relations" shan be replaced with the following:
9.7 LEGAL RELATIONS.
9.7.1 The ENGINEER shall comply with all Federal, State, and Local laws and ordinances
applicable to all services to be provided under this agreement.
9.7.2 The ENGINEER agrees to release, indenmify and hold harmless OWNER, its officers, directors,
agents and employees from and against any suits, causes of action, claims, costs, expenses,
obligations, and liability of any character, including attorney's fees, which are brought or asserted
for any injury, death, or physical damage to property received or sustained by any person, persons,
property, business or any other entity, arising out of or resulting from, or in connection with the
ENGINEER's negligent performance of the services specified in this agreement.
9.7.3 The ENGINEER agrees to defend the OWNER, its officers, directors, agents and employees,
should OWNER, its officers, directors, agents or employees be named as a defendant in any
actions concerning the negligent performance of the services herein described. The obligations of
the ENGINEER to release, defend, indenmify and hold harmless OWNER will apply to any suit,
cause of action, claim, cost or obligation arising in any matter out of or from the ENGINEER's
negligent acts, errors or omissions including, but not limited to, those alleged under the common
law or pursuant to a federal or state statute or regulation such as those arising in tort, trespass,
nuisance, and strict liability.
9.7.4 In the event the OWNER is found proportionately responsible, the ENGINEER will be held
responsible for only those damages, costs, attorney's fees or liabilities as are attributable to the
ENGINEER's percent of fault as compared with 100% of the fault giving rise to the damages. The
indenmity required herein shall not be limited by reason of the specit1cation of any particular
insurance coverage in this Agreement.
9.7.5 Should either OWNER or ENGINEER be held responsible for any damages, costs or liabilities
resulting from an intentional act by an officer, director, agent or employee in connection with the
services specified in this agreement, then in that event, that party shall release, indenmify and hold
harmless the other as to any damages, costs or liabilities that result from or arise out of that
intentional act including reasonable attorney's fees and costs which shall include costs and salary
of the city attorney or other in-house counsel. Further notwithstanding the obligations set forth in
paragraphs 9.7.2 and 9.7.3 above, the ENGINEER agrees to defend OWNER against all
allegations of intentional acts arising from the services specified in this agreement. However,
should the OWNER be found responsible due to an intentional act by its otl1cer, director, agent or
employee, then in that event OWNER agrees to reimburse ENGINEER for reasonable attorney's
fees and costs incurred in that defense. Said reimbursement shall be proportionate to the amount of
fault attributable to the OWNER's actions as compared with 100% of the fault giving rise to the
damages.
9.7.6 The ENGINEER shall perform this agreement as an independent contractor and as such, is
responsible to the OWNER only as to the results to be obtained in the services herein specified,
and to the extent that the services shall be done in accordance with the terms, plans and
.
specitications. The ENGINEER shan have and maintain complete control over an 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.
6. Section 9.8 "Insurance" shan be replaced with the following:
9.8 INSURANCE
Without limiting any of ENGINEER's obligations hercunder, ENGINEER shan secure and maintain, until thc
work is completed and accepted by the OWNER, insurancc coverage naming the OWNER as additional insured
with minimum insurance coverage as follows:
Tvpc of Coverage Limits
Emplovcrs'Liability: $ 100,000 per accident
General Liability:
Bodily Iniurv & Propcrty
Damage Single and combincd $ 1,000,000 pcr accidcnt
Automobile:
Bodily Iniury covering all $ 500,000 each person
automohiles. trucks, $1 ,000.000 cach occurrencc
tractors. trailers, or
other automotive equip-
ment whethcr owncd or
rented by Engineer or
owned by emPloyees of
Engincer.
Prooerty Damage covcring $ 500.000 cach occurrencc
an automobilcs, trucks,
tractors. trailers or other
automotivc eauipment whether
owned or rentcd bv Engineer
or owned by emplovecs of
Enginecr.
OR
Bodily Iniury & Property $ 500.000 each occurrcnce
Damage Single and comhined
In addition to the above insurancc coverage, thc ENGINEER shall secure and maintain, until the work is
completed and accepted by the OWNER, and without naming OWNER as an additional insured, Professional
Errors and Omissions insurance coverage as follows:
Professional Errors & Omissions: $ 1.000,000 per claim and
aggregate cach occurrence
7. Except as specifically amended herein the Original Agreement of February 5, 1996 shall remain in full
force and effect and the parties shall be bound by an terms and conditions therein.
The Final Design Phase will be completed and all listed information submitted within a schedule mutually
acceptable to the OWNER, MDT and the ENGINEER.
,
IN WITNESS WHEREOF, the parties hereto do make and execute this Agreement on the day
and year t1rst above written.
CITY OF BOZEMA~
Br- -\ 4- ~
7Il:i~
Robin L. SulIi van
Clerk of Commission
APPROVED AS TO FORM
B~Jf -~
Ci llonoe, tJu9bJ. ~riJ
ENGINEER
By: David J. Crawford
Its: Vice President
ATTES~
BY~ -
. ,
EXHIBIT 1
(Page 1 of 2)
Task 2 man crew Sr. Eog. Design Draft Clerical
Eng.
*Send all completed items to --- 6 40 50 10
Helena for review
*Update Environmental Doc. --- 8 40 16 12
Scope of Work Report --- 12 32 --- 6
*Obtain Title Memos --- 2 4 --- I
Develop Traffic Control Plans --- 2 8 32 ---
*Resurvey for Changes 40 2 --- --- ---
*Update Plans - Changed Items --- 2 --- 20 ---
*Rerun Earthwork --- 2 4 24 ---
Alignment & Grade Review --- 24 8 24 4
Changes from A&G Review --- 16 32 48 8
Finalize Plans --- 24 48 120 4
FPIH --- 24 8 24 4
Changes from FPIH --- 8 24 60 4
Submit final check plans --- 2 8 16 2
Changes from Check Plans --- 8 16 24 ---
*Hazardous Material- Phase 1 _n 4 8 --- 2
*Traffic Study --- 24 80 16 12
Traffic Study Coordination --- 24 --- --- ___
Lighting Plan --- 2 4 16 ---
Cost Estimates --- 24 40 40 8
Public Hearing --- 16 16 24 8
Complete RfW Plans --- 8 16 40 8
Subtotal 40 244 436 584 89
* Items not in original scope of work
,~ ,
, .
EXHffiT 1
(Page 2 of 2)
COST ESTIMATE
Sr. Engineer 244 x $33.50 $8174.00
Design Engineer 453 x $21.00 $9513.00
Draftsperson 606 x $18.60 $11 ,271.60
Survey Crew 40 x $31.00 $1240.00
Clerical 93 x $10.00 $930.00
Subtotal $31,128.60
General Overhead @ 1.609 $50,085.92
Total Labor/Overhead $81,214.52
Direct Non~Labor
Title Memos $12,500.00
Phase I Hazardous Materials $3,000.00
Signal Plans (See Exhibit 2) $21,760.00
Computer $5,000.00
Mileage $720.00
Prints, Reports, Etc. $3,000.00
Profit (11 % of Total Labor/Overhead) $8.900.00
Total Estimated Cost $136,094.52
Remaining on Original Contract ($56,182.06)
Total Fee Increase for this Amendment $79,912.46
Original Contract Amount ~ 17 4. 988.28
Amended Contract "Total Payment" $254,900.74
Notes:
New items required by MDT include:
Subsurface Utility Engineering - Will do time and materials as need arises
Hazardous Material Phase I $3,000 - Phase II will be time and material if required
Items originally to be provided by city include:
Title Memos $12.500
\ \S tation5\5 _d\J 0 I3S\B 9 5-08\OfficcDocs\ExhibitI2of2 .doc
,
.. .
. . e
.
EXHIBIT 2
Cost Estimate for Traffic Signal Design - Marvin & Assoc.
19th Avenue Traffic Signals, Bozeman
Manhours Labor Direct
Work Item - Task Engineer Designer Fees Costs Totals
19th & College Redesign:
1 Traffic Data Coordination & Field Review 2 2 $220.00 $50.00 $270.00
2 Signal Optimization and Control Opiton Analysis 2 0 $130.00 $0.00 $130.00
3 Intersection Lane Assignment & Geometric Layout Analysis 4 8 $620.00 $10.00 $630.00
4 Design Report Signals & Operations 8 2 $610.00 $10.00 $620.00
5 Pole, Pull Box, Conduit & Loop Layouts 2 40 $1,930.00 $40.00 $1.970.00
6 Hardware Selection and Wiring/Conduit Runs 2 6 $400.00 $10.00 $410.00
7 Coordination With Utility & Lighting 2 2 $220.00 $10.00 $230.00
8 Modifications to MDT Standard Detail Sheets 1 2 $155.00 $5.00 $160.00
9 Basic Quantity & Cost Estimates 1 6 $335.00 $5.00 $340.00
10 Special Provisions 10 1 $695.00 $15.00 $710.00
11 Plan Review Final PIH 6 5 $615.00 $100.00 $715.00
12 Plan & Spec Modifications (P.I.H. & Final) 6 16 $1,110.00 $30.00 $1,140.00
13 Plan Plotting & Reproduction & Submittals For Reviews 1 4 $245.00 $100.00 $345.00
Subtotal 47 94 $7,285.00 $385.00 $7,670.00
19th & Koch Design
1 Traffic Data Coordination & Field Review 6 6 $660.00 $100.00 $760.00
2 Signal Optimization & Control Option Analysis 4 0 $260.00 $0.00 $260.00
3 Intersection Lane Assignment & Geometric Layout Analysis 6 24 $1,470.00 $10.00 $1,480.00
4 Design Report Signals & Operations 16 2 $1,130.00 $10.00 $1,140.00
5 Plan Sheet CADD Setup on M&A u-station 1 8 $425.00 $5.00 $430.00
6 Pole, Pull Box. Conduit & Loop Layouts 8 90 $4,570.00 $60.00 $4,630.00
7 Hardware Selection and Wiring/Conduit Runs 2 16 $850.00 $10.00 $860.00
8 Coordination With Utility & Lighting 4 4 $440.00 $10.00 $450.00
9 Modifications To MDT Standard Detail Sheets 1 4 $245.00 $5.00 $250.00
10 Basic Quantity & Cost Estimates 1 8 $425.00 $5.00 $430.00
11 Special Provisions 12 1 $825.00 $15.00 $840.00
12 Plan Review Final PIH 6 5 $615.00 $100.00 $715.00
13 Plan & Spec Modifications (P.I.H. & Final) 6 24 $1,470.00 $30.00 $1,500.00
14 Plan Plotting & Reproduction & Submittals For Reviews 1 4 $245.00 $100.00 $345.00
Subtotal 74 196 $13,630.00 $460.00 $14,090.00
TOTAL BOTH SIGNALS 121 290 $20,915.00 $845.00 $21,760.00
5_D\Jobs\B95-08\OffcDocs\Exhibit2 .xls
Amendment No.2 to Professional Serviccs Agrccmcnt
South 19th Avenue Improvements
THIS AGREEMENT is made as of this 6th day of June -----' 2005
betwecn THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana,
herein referred to as OWNER and Thomas, Dean & Hoskins, Inc., an Engineering
Consulting Firm in Bozeman, Montana, herein referred to as ENGINEER.
WHEREAS, the parties have entered into a Professional Services Agreement
dated February 5, 1996 herein referred to as Original Agreement for Professional
Engineering Services; and
WHEREAS, the OWNER now wishes to bring the plans and specifications for the
project to the plan-in-hand stage and turn the remainder of the design effort over to the
Montana Department of Transportation, who will ultimately bc responsible [or bidding
and constructing the project; and
WHEREAS, the parties desire to further amend the provisions ofthis Agreement.
NOW THEREFORE, TN CONSTDERA nON or TIlE MUTUAL COVENANTS
CONTAINED HEREIN, the partics agree as follows:
l. Section 4.3 of the Original Agreement pertaining to final design phase
services is amended by addition of the following section 4.3.6.
4.3.6. Perform the tasks necessary to prepare the plans for the plan-in-
hand review as described in the letter from Mr. Jack Fischer, P.E.,
dated March 21, 2005 and attached to this Amendment as Exhibit
1.
2. Section 4.3 of the Original Agreement pertaining to final design phase
services is further amended by addition of the following language, which is
hereby agreed to by both parties:
Upon completion of the tasks detailed in 4.3.6, receipt of all
deliverables specified in Section 4.3 and upon paYlnent of the
amount specified in section 6.1.4 by the OWNER, the OWNER
and ENGINEER agree that the contract between them Cor the
design of South 19th A venue Improvements shall be complete.
3. The Total Payment described in paragraph 6.1.4 is amended to $266,951.74.
4. Except as specifically amcndcd hcrcin the Original Agreement of February 5,
1996, modified by Amendment No. 1 to Professional Services Agreement dated
January 29th 2001 shall remain in full force and effect and the parties shall he
bound by all tenns and conditions therein.
IN WITNESS WHEREOF, THE PARTIES HERETO DO MAKE AND EXECUTE
THIS Agrce111ent on the day and year first above written.
CITY OF BOZEMAN
[J);>.~ ~~
By: _._~__..__._
City Manager
~./~
Robin 1" Sullivan
Clerk of Commission
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Its:
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1
March 21, 2005
City of Bozeman
P.O. Box 1230
Bozeman, MT 59771-1230
Attention: Rick Hixson
Re: So. 19th Ave. - Bozeman, MT
As discussed the following are items and estimated costs required to prepare the project plans
to the plan in hand stage.
1.) Work completed on previous bill. Over contract amount- $5051 .
2.) Prepare plans for plan in hand
Plot drawings and cross check all plans for consistency
Check tie on at Babcock with as huilt survey
Print plans
- Update cost estimates
Attend PIH and prepare report
Xl ,000
$12,051 Total
l)lease contact our ofiice if you need any additional inrormadon.
Sincerely,
Thomas, Dean & Hoskms, L
1/1
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1200 25TI1 ,\Trccl ,)'oull1 . GrcuT Fulls. MT 5(j,-!05 . (406) 761.,1010 . "/I-X (406) 727-2872