HomeMy WebLinkAbout01- Thomas, Dean & Hoskins Professional Services Agreement
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PROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made as of Jan. 29, 200;tbetween THE CITY OF BOZEMAN, a
Municipal Corporation, Bozeman, Montana, (OWNER) and Thomas, Dean & Hoskins,
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 and has selected the ENGINEER to provide necessary and
professional engineering services for the project.
Whereas the ENGINEER represents that it is willing and qualified to perform the professional
engineering services for this project described in this Agreement.
Therefore, in consideration of the foregoing recitals and the mutual covenants and conditions
contained herein, the parties agree as follows:
The conditions and provisions set forth in the attached EXHIBIT A - "Engineer's Status During
Construction," EXHIBIT B "A Listing of the Duties Responsibilities and Authority of Resident
Project Representative," and EXHffiIT C "Personnel Manhour Requirements," EXHIBIT D
"Estimated Engineering Costs," and EXHIBIT E "Project Schedule" 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:
The project work consists of surveying, designing, bidding, staking, inspecting and providing as-built drawings
for the replacement of approximately 2700 linear feet of 18" diameter water piping above the Sourdough Creek
Water Treatment Plant with 30" diameter ductile iron pipe. It also includes all of the above tasks required for the
replacement of the existing raw water intake screen and flow control valve, taking the existing sedimentation basin
offline and replacing the existing Parshall Flume with a new flow measuring device. The design a the intake will
accommodate high and low flows in the creek, minimize the effects of debris and sedimentation, and provide a
long-term solution to the clogging problems recently encountered, within reason, given the remote site and lack
of power.
1.2. The scope of services under this contract are set forth in this agreement and the attached EXHffiITS.
ARTICLE 2 - ENGINEER'S RESPONSIBILITIES
2.1. ENGINEER shall perform for OWNER professional engineering services in all phases of the Project to which this
Agreement applies as hereinafter provided. These services will include, but not be limited to, serving as OWNER's
professional engineering representative for the Project, providing professional engineering consultation and advice and
furnishing customary civil and structural engineering services incidental thereto.
2.2. The ENGINEER shall fumish all labor, materials, equipment, supplies. and incidentals necessary to conduct and
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complete the ENGINEER'S portions of the Project and to prepare and deliver to the OWNER all data, reports, plans,
specifications, and recommendations as designated herein.
2.3. The ENGINEER shall ascertain such infOlIDation 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 David Crawford.
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 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 project 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 Project. The Task Director designated shall be Rick Hixson.
3.2 The OWNER shall have the right to review Pre-design report and design documents as shown on attached
schedule.
3.3 The OWNER shaH have the right of review and examination of the ENGINEER'S work at all times.
3.4 The OWNER shall make available all records (as-built drawings, construction records, etc.) indicating the existing
configuration of the city utilities.
3.5 The OWNER will be responsible for Advertising Bid Openings.
3.6 The OWNER shall attend the pre-bid conferences, bid openings, pre-construction conferences, construction
progress and other job related meetings, substantial completion inspections, fmal payment inspections and assist in obtaining
necessary pelmits, including U.S. Army Corps of Engineers 404 Permit.
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 Chllify and defme 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.
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4.1.4. Provide analyses of OWNER's needs, planning surveys, site evaluations and comparative studies of
prospective sites and solutions.
4.1.5. Provide a general economic analysis of OWNER's requirements applicable to various alternatives.
4.1.6. 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 Project, including the following which will be separately itemized: Construction Cost,
allowance for engineering costs and contingencies, and (on the basis of information furnished by OWNER)
allowances for such other items as charges of all other professionals and consultants, for the cost of land and
rights-of-way, for compensation for or damages to properties, for interest and financing charges and for other
services to be provided by others for Owner. The total of all such costs, allowance, etc. are hereinafter called
"Total Project Costs".
4.1.7. Furnish 2 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 21 calendar days following written authorization
from OWNER to ENGINEER to proceed with that phase of services.
4.2 PRELIMINARY DESIGN PHASE
After acceptance of the pre-design report and receipt of written authorization to proceed with the Preliminary Design Phase,
ENGINEER shall:
4.2.1. In consultation with OWNER determine general scope, extent and character of the Project.
4.2.2. ENGINEER shall then prepare preliminary plans and specifications for the Project.
4.2.3. Design and Construction Survev: 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), existing right-of-way and easements, and making measured
drawings of or investigating conditions of existing facilities. The ENGINEER shall provide suitable horizontal
and vertical reference control points for the construction phase.
4.2.4. Geotechnical Exolorations and Analvsis: The ENGINEER shall conduct limited geotechnical
explorations and analysis for project design and bidding. Subsurface information will be obtained by reviewing
any existing geotechnical data available and using additional backhoe test pits and soil borings as necessary.
4.2.5. Preliminary Plans and Soecifications. Prepare preliminary construction plans and specifications with
information which addresses the special features of each project task.
4.2.6. Based on the information contained in the preliminary design documents, ENGINEER will submit a
revised opinion of probable Total Project Costs to the OWNER.
4.2.7. ENGINEER shall prepare and furnish up to twelve 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 fmancial participation in any part of the Project; provide
any technical criteria, written descriptions and design data necessary for securing permits or approval from
authOlities having jurisdiction to review and approve the design, and assist owner in securing such approvals; and
review docUIllents 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.
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The Preliminary Design Phase will be completed and submitted within 45 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 constmction.
4.3.2. Advise OWNER of any adjustments to the latest opinion of probable Total Project Costs caused by
changes in general scope, extent or character or design requirements of the Project or Construction Costs. Purnish
to OWNER a revised opinion of probable Total Project Costs based on the Drawings and Specifications.
4.3.3. Prepare for review and approval by OWNER, its legal counsel and other advisors, contract agreement
forms, general conditions and supplementary conditions, and (where appropriate) bid forms, invitations to bid and
instructions to bidders, special provisions, technical specifications, and standard drawings, and other related
contract documents in conformance with the latest edition of the Montana Public Works Standard Specifications
(MPWSS) and City of Bozeman Modifications to MPWSS adopted by the City of Bozeman.
4.3.4. Furnish OWNER six copies of the Contract Documents (including design drawings, specifications and
contracts).
The Final Phase will be complete and submitted within 21 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 intetpretation or clarification to prospective bidders regarding the Bidding Documents, and issue
addenda as appropriate.
4.4.3. Consult with and advise OWNER as to the acceptability of the prime contractor, subcontractors,
suppliers and other persons and organizations proposed by the prime contractor(s) (herein call "Contractor(sn
for those portions of the work as to which such acceptability is required by the Bidding Documents.
4.4.4. Consult with OWNER concerning and determine 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 recOllUllendation 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.
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4.5 CONSTRUCTION PHASE
The responsibilities of the ENGINEER during the Construction Phase are summarized as follows:
4.5.1. General Administration of Construction Contract. ENGINEER shall consult with and advise OWNER
and act as OWNER'S representative as provided in EXHIBIT A . ENGINEER'S STATUS DURING
CONSTRUCTION, attached to and made part of this Agreement and may be further provided under the General
Conditions of the contract documents. The extent and limitations of the authority, duties, and responsibilities of
the ENGINEER on the construction job site as assigned here-in shall not be modified except as the ENGINEER
may otherwise agree in writing. All of OWNER's instruction to Contractor(s) will be issued through ENGINEER
who will have authority to act on behalf of OWNER to 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 personnel, equipment and supplies for construction layout and conn'ol, including
establishment of line, and grade control staking.
4.5.1.3 Review Contractors' construction schedules and operations, and the Contractors' traffic control
plans and its implementation prior to the start of construction.
4.5.1.4 Ascertain that the Contractor has secured required permits needed to accomplish his work
4.5.1.5 Prepare and provide weekly activity and progress reports to the City's Task Director.
4.5.1.6 ENGINEER shall provide OWNER copies of all correspondence between the ENGINEER and
Contractor.
4.5.1.7 Issue stop and resume work orders, in whole or in part, when work is not or cannot be
perfOlmed in accordance with the Contract Documents.
4.5.1.8 Review and approve, for conformance with the project technical specifications all shop
drawings, and other Contractor submittals required by the Contract Documents.
4.5 .1.9 During construction review Contractors' construction schedules and evaluate conformance and
progress under the Contract time provisions.
4.5.1.10 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 to recommending fmal payment, schedule and conduct with the OWNER a final project
inspection and submit a report to the OWNER documenting any outstanding items or deficiencies
requiring correction prior to final payment. Upon satisfactory project completion ENGINEER shall
certify in writing to the OWNER, and any required regulatory agencies, that the construction was
completed in accordance willi the approved plans and specifications and is performing in accordance
with the design concept.
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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 pelfonrung in accordance with the design concept.
4.5.2. Resident Proiect Representative. ENGINEER shall provide a qualliled 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 reproducible 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:
1) Concrete strength, air content and slump
2) Embankment, trench backfill, and gravel and pavement densities
3) Aggregate gradations
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 pelform or obtain from others such services and will be paid therefor as
provided in the Agreement:
5.l.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.
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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 othelwise provided for in the Agreement, including services normally
fumished 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 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 Lump 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 $23.000 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:
$ 2.300 (10 % of design fee) until the Pre-design Report has been submitted to the OWNER.
$ 11.500 (50% of design fee) until the Preliminary Plans and Specifications have been submitted to the OWNER
and review authorities.
$ 20,700 (90% 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
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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.
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 $22.000 except as provided under 6.2.1.2 and 6.2.4. The engineering costs estimated in this contract for
Construction Phase services are based on a forty-five (45) calender day construction contract.
6.2.1.1 Costs Comoensation. Compensation for these services shall be based on the ENGINEER's
Direct Labor Cost times a factor of 2.922 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 petforming 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 detennined
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.l 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 Project 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 2.609 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
up to an amount not to exceed $ 2.200 which includes $ ~ for consultants employed by the Engineer
and $ 1.140 for all other reimbursable expenses. The estimated reimbursable expenses are identified in Exhibit
-XL
6.2.3. Failed Test Exoenses. The ENGINEER shall maintain and provide to the OWNER, a record of the costs
associated with failing quality control tests performed for the OWNER during the course of the construction of
the project and recommend an amount the OWNER deduct from the contractor(s) payments.
6.2.4 The OWNER shall pay an amount for Additional 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 1.922 ,or
an amount otherwise negotiated at the time such services are requested and approved by the OWNER.
$46.65/hour
$36.48/hour
$38.63/hour
$27.63/hour
$18.95/hour
$23.25/hour
$12.90/hour
$18.35/hour
$17.80/hour
$29.50/hour
$lO.OO/hour
ARTICLE 7 - MEANING OF TERMS
7.1 AGREEMENT
As used herein the tenn "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 fmancing charges incurred in connection with the Project or the cost of other services to be provided by others
to OWNER.
7.3 DIRECT LABOR COSTS
Direct Labor Costs used as a basis for payment mean the actual salaries and wages paid to all ENGINEER's personnel
engaged directly on the Project, including, but not limited to, 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 maximum billable
Direct Labor Costs are:
Principal
Senior Enginer II
Senior Engineer I
Staff Engineer I
Junior Engineer
Production Manager
CADD Drafter
Technicians
Construction Inspector
Two Person Survey Crew
Clerical
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, Specitlcations,
Bidding Documents and similar Project-related items; and if authOlized 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 authOlized 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
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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 wtiting within ten (10) calendar days of the
receipt of bill of the dispute.
8.2 REQUESTS FOR PAYMENT. Eacfi request for payment shall include a documentation SUllllllary of the period
incremental man hours inculTed, direct labor rates and billed rates, detail of reimbursable costs, total period billing, and total
cumulative billing. When requested by OWNER services for distinct project segments shall be accounted and billed
separately.
8.3 PAYMENT UNDER TERMINATION. In 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 duting that phase on ilie 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.
ARTICLE 9 - GENERAL CONSIDERATIONS
9.1 TERMINATION OF AGREEMENT
9.1.1 The sole tight 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 iliis Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unpetfOlmed 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 pelformed. The equitable adjustment for any termination shall provide for payment to the
ENGINEER for services rendered and expenses incurred prior to the tennination, in addition to termination
settlement costs reasonably inculTed 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 oilierwise), 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
petfonning this Agreement, wheilier completed or in process.
9.1.4 In the event this Contract is tenninated 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 oilier 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 petformance
of the services by the ENGINEER hereunder shall be made available to ilie OWNER, or their authorized representatives
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for audit and review, at the ENGINEER'S respective off1ces 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 wananty, 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 NONDISCRIMINA nON
The ENGINEER will not discriminate on the basis of race, color, religion, creed, political ideas, sex, age, marital status,
national origin or disability in employment or provision of services. The ENGINEER shall be subject to and comply with
Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated
thereunder.
9.5 SUBLETTING OR ASSIGNING OF WORK
The ENGINEER shall not sublet or assign any of the work covered herein without prior written approval of the OWNER.
9.6 STANDARD OF CARE
In providing 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 tound 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 non-performance 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
9.7.1 The ENGINEER shall comply with all Pederal, State, and Local laws and ordinances applicable to the work
to be done.
9.7.2 The ENGINEER agrecs to indemnify, hold harmless, and defend the OWNER, its officers, directors, agents,
and employees from and against any suits, causes of action, claims, demands, damages, costs, expenses, obligations, and
liability of any character, including attorney's fees, arising out of or resulting from or in connection with the
ENGINEER's negligent performance of the services specified in this agreement. In the event the OWNER is found
proportionately responsible, the ENGINEER will be held responsible only for those damages, costs, attorney's fces, and
liabilities as are attributable to the ENGINEER's percent of fault as compared with 100% of the fault giving rise to the
damages.
9.7.3 The ENGINEER agrees to indemnify, hold harmless and defend the OWNER, its ofticers, directors, agents,
and employees from and against any suits, causes of action, claims, demands, damages, costs, expenses, obligations, and
liability of any character, including attorney's fees, arising out of or resulting from or in connection with the
ENGINEER's non-negligent performance of the services specified in this agreement. In the event the OWNER is found
Eng P~ofess Serv Agr
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proportionately rcsponsible, the ENGINEER will be held rcsponsible only for thosc damages, costs, attorney's fees, and
liabilities as arc attributable to the ENGINEER's percent of fault as comparcd with 100% of thc fault gi ving rise to the
damages.
9.7.4 In an appropriate case in which attorney's fees arc awardcd to thc OWNER following a wrongful refusal of
a tender of defcnsc, said fees may include fees and salary paid by thc OWNER to thc City Attorney or other in-house
counsel.
9.7.5 Thc indcmnity required herein shall not be limitcd by reason of thc spccification of any particular insurance
coveragc in this agreement.
9.7.6 The ENGINEER shall perform this agrccmcnt as an independent contractor, and as such, is responsible to the
OWNER only as to the results to be obtained in thc work herein specified, and to the extent that the work shall be done
in accordance with thc terms, plans and specifications. The ENGINEER shall havc and maintain complcte control over
all of its cmployccs, subcontractors, agents and operations, being rcsponsible for any required payroIl deductions and
providing required benefits, such as, but not limited to, worker's compensation with statutory limits, and unemployment
insurance.
9.8 INSURANCE
Thc ENGINEER shall secure and furnish to thc OWNER certificate of insurance, therein, naming the OWNER as an
additional insured, to includc (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 acccptcd by the OWNER, insurance coveragc naming thc OWNER as additional insured with minimum
insurance coverage as follows:
Tvoe of Coverage
Limits
Employcrs'Liabilitv:
$ 100,000 pcr accident
General I.iability:
Bodily Iniury & Property
Damagc Simde and combined
$ 1 ,000,000 per accidcnt
Automobile:
Bodily Iniury covering all
automobilcs, trucks,
tractors, trailers, or
othcr automotive equip-
ment whether owncd or
rented by Enginccr or
owned bv employees of
En (,!ineer.
$ 500,000 each oerson
$1 ,000,000 each occurrcncc
Propcrty Damage covering
all automobiles, trucks,
tractors. trailers or other
automotive eauipment whethcr
owned or rented by Enginccr
or owned bv employccs of
Enginccr.
$ 500,000 cach occurrence
Eng Profess Serv Agr
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OR
Bodilv Iniurv & Property
Damall.e Single and combined
$ 500.000 cach occurrence
In addition to the abovc insurance coverage, the ENGINEER shall sccure and maintain, until the work is completed and
acceptcd 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
al,(l!regatc each occurrencc
9.9 ENDORSEMENT
The ENGINEER shall placc his endorsement on all drawings and other data furnished by him.
9.10 OWNERSHIP OF DOCUMENTS
The parties admit and agree the documents produced under this agrcement are not intended or represcnted to be suitable for
rcuse by OWNER or any other individual on any other projcct. Any reuse without written vcrification or adaptation by
ENGINEER will be at OWNER's solc risk and without liability or lcgal exposure to ENGINEER, or to ENGINEER's
indcpcndent professional associates or consultants. Piles in electronic media format of text, data, graphics, or of other types
that are furnished by ENGINEER to OWNER are only for convenience of owner. Any conclusion or information obtained
or derivcd from such clcctronic tiles will be at the uscr's sole risk.
9.11 PUBLIC INFORMATION
The ENGINEER shall not issue any statements, releascs or information for public dissemination without prior approval of
the OWNER.
9.12 PROPRIETARY RIGHTS
If patentable discoveries or inventions should result from work required herein, all rights accruing from such discoveries or
inventions shall be joint property of the ENGINEER and thc OWNER. Provided that the OWNER, state agencies or political
subdivisions and thc United States Government shall have the irrevocable, nonexclusive, nontransferable and royalty-frec
liccnse to use each invention in thc manufacturc, 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
Thc ENGINEER shall maintain accounting records and other evidcnce pertaining to thc cost incurred and to make the rccords
available at all reasonable times during the Contract term and for one (1) year from thc date of final payment. Such
accounting records and other evidencc pertaining to the cost incurred will be made available for inspections by OWNER.
9.14 SUCCESSORS IN INTEREST
The covenants, agrcements and all statements in this Contract apply to and shall be binding on the heirs, personal
reprcsentatives, successors and assigns of the respective parties.
9.15 ATTORNEY'S FEES AND COSTS
That in the event it bccomes necessary for either Party of this Contract to retain an attorney to enforcc any of the terms or
conditions of this Contract or to give any notice required herein, thcn the prevailing Party or the Party giving notice shall bc
entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counscl to include City Attorney.
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9.16 MODIFICATIONS AND AMENDMENTS
That any amendment or moditlcation 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 [his Agreement.
CITY OF BOZEMAN, MONTANA
\ -----
BY: --.I ....
Clark Johnson
(City Manager)
::G~a /
D . L Qawfocd ~
(Vice President)
1 /8/01
J I
DATE: February 1, 2001
DATE:
A1T~ ~/7AD
By:l~ :I ~
Robin Sullivan
(Clerk of Commission)
Eng Profess Serv Agr
Page 1
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EXHIBIT A
TO AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES
ENGINEER'S STATUS DURING CONSTRUCTION
This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on
_, 20~, between CITY OF BOZEMAN (OWNER) and Thomas. Dean & Hoskins. Inc. (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 detennine, 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
REPRESENT A TIVE.
lOA. 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 othelwise) as ENGINEER may determine necessary, which shall be
consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that
a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time and
the parties are unable to agree to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in
the General Provisions of the construction Contract Document.
10.5. AUTHORIZED VARIATIONS IN WORK
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ENGINEER may authOllze 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 perfonn 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 recommendation thereon (by recommendation of an Application for Payment or otherwise) to OWNER.
10.9. DECISION ON DISPUTES
lO.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 CONTRACIOR 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. LIlVnTATIONS ON ENGINEER'S RESPONSIBILITIES
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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 lise to any duty
or responsibility of ENGINEER to CONTRACTOR, any Sub-cont:ractor, 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 oflike 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.
Eng ~rofess S~rv A~r
Page 1
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EXHIBIT B
TO AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES
A LISTING OF THE DUTIES, RESPONSffiILITIES AND
LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT
REPRESENTATIVE.
This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on
20_, between CITY OF BOZEMAN (OWNER) and Thomas, Dean & Hoskins, Inc. (ENGINEER) providing for
professional engineering services.
ARTICLE 11 - DUTIES, RESPONSffiILITIES AND LThUTATIONS OF AUTHORITY OF
THE RESIDENT PROJECT REPRESENT A TIVE
ENGINEER shall furnish a Resident Project Representative (RPR), assistants and other field staff to assist ENGINEER
in observing performance of the work of Contractor.
Through more extensive on-site observations 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 me 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 me 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 wim the full knowledge and approval of CONTRACTOR. RPR shall generally communicate with OWNER
with the knowledge of and under the direction of ENGINEER.
11.2. DUTIES AND RESPONSIBILITIES OF RPR
11.2.1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values
prepared by CONTRACTOR and consult with ENGINEER concerning acceptability.
11.2.2. Conferences and Meetings: Attend meetings with CONTRACTOR, such as preconstruction conferences,
progress meetings, job conferences and the project-related meetings, and prepare and circulate copies of minutes
thereof.
11.2.3. Liaison:
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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 infonnation, 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. Receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of
availability of samples for examination.
11.2.4.3. Advise ENGINEER and CONTRACTOR of the cOllUllencement of any Work requiring Shop
Drawing or sample if the submittal has not been approved by ENGINEER.
11.2.5. Review of Work, Reiection of Defective Work. Inspections and Tests:
11.2.5.1. Conduct on-site observations of the Work in progress to assist ENGINEER in detennining 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 confonn 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 thereof;
and observe, record and report to ENGINEER appropriate details relative to the test procedures and startup.
11.2.5.4. Accompany visiting inspectors representing public or other agencies having jurisdiction over the
Project, record the results of these inspections and report to ENGINEER.
11.2.6. Interpretation of Contract Documents: Report to ENGINEER when clmifications 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 recOllUllendations 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 Docwnents, progress reports, and other Project
related documents.
11.2.8.2. Keep a detailed and accurate diary or log book, recording CONTRACTOR hours on the job site,
weather conditions, prime and subcontractor daily work force, daily log of equipment onsite or on standby, data
relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors,
daily activities, decisions, observations in general, and specific observations in more detail as in the case of
~ng Profess S~rv A~r
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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.
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.
11.2.10. Payment Requests: Review applications for payment with CONTRACTOR for compliance with the
established procedure for their submission and forward with recollUllendations to ENGINEER, noting particularly the
relationship of the payment requested to the schedule of values, Work completed and materials and equipment
delivered at the site but not incorporated in the Work.
11.2.11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates,
maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are
applicable to the items actually installed and in accordance with the Contract Documents, and have this material
delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work.
11.2.12. Completion:
11.2.12.1. Submit to CONTRACTOR, and ENGINEER a list of observed items requiring completion or
correction before ENGINEER may issue a Certificate of Substantial Completion.
11.2.12.2 Assess completion or correction of items noted under 11.2.12.1, advise ENGINEER on their status,
and make recollUllendation 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 reCOllUllendations
to ENGINEER concerning fmal acceptance.
11.3. LIlVIITATIONS OF AUTHORITY
Resident Project Representative:
11.3.1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipments,
unless authorized by ENGINEER.
11.3.2. Shall not exceed limitations of ENGINEER's authority as set fOl1h in the Agreement or the Contract
Documents.
11.3.3. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or CONTRACTOR's
~ng Profess S~rv Agr
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supelintendent.
11.3.4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods,
techniques, sequences or procedures of construction unless such advice or directions are specifically required by the
Contract Documents.
11.3.5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in
connection with the Work.
11.3.6. Shall not accept Shop Drawing or sample submittals from anyone other than CONTRACTOR.
11.3.7. ShaH not authorize OWNER to occupy the Project in whole or in part.
11.3.8. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as
specifically authorized by ENGINEER.
PERSONNEL MANHOUR REQUIREMENTS - EXHIBIT C
Activity Engineer IEng. Tech I Draftsperson lSurveyor lClerical
Task I I I I
Oesiqn Phase
Predesiqn Phase
Review Alignment Options 8 4 1
On-Site Meetings wfContractors 12
Prepare Cost Estimates 6 1
Coordinate wlCity 4
Preliminary Permitting Contacts 8
Prepare Predesign Report 4 2
Preliminary Desiqn Phase
Field Data Collection 13 14 126
preliminary Supply Une Design 20 19 19 7
Preliminary Intake & Metering Design 10 9 9 4
Preliminary Permitting Coordination
Stormwater Pollution Prevention Plan
(SWPPP) 5 5 5 1
Final Desiqn Phase
Supply line 10 9 9 3
Intake and Metering 5 5 5 1
Permitting SWPPP 2 2 2 1
Bidding Phase
Contractor Contacts, Bidding Assistance 1 4
Prebid Conference 2 2 1
Addendums 2 2 2
Bid Opening, Bid Tabs, Award 3 1 1
Totals - Design Phase 115 58 63 126 29
Construction Phase
Submittal Review 6 2
Staking 70
Inspection and Testing 24 240 24
AS-BHS 2 2 4 4
Totals - Construction Phase 32 244 4 70 - 28
ESTIMATED ENGINEERING COSTS ~ EXHIBIT D
0:
LABOR
Design Total Construction Average Construction
Activity Hours Total Hours Hourly Rate Design Cost Cost
Engineer 115 32 $27.00 $3,105.00 $864.00
Eng. Technician 58 244 $18.25 $1,058.50 $4,453.00
Draftsperson 63 4 $14.00 $882.00 $56.00
Surveyor 126 70 $14.20 $1,789.20 $994.00
Clerical 29 28 $10.00 $290.00 $280.00
TOTAL LABOR COST $7,124.70 $6,647.00
X Multiplier (2.922) $20,818.37 $19,422.53
EXPENSES Desiqn Construction
Field Exploration '* $960.00
Computer & Survev Equipment $824.00 $320.00
Vehicle mileage $50.00 $520.00
Printinq, plottinq, copies $500.00 $48.00
Nuclear Densometer. concrete testinq, qradations $0.00 $1,200.00
TOTAL EXPENSES $2,334.00 $2,088.00
Desiqn Construction
TOTAL ENGINEERING COSTS $23,152.37 $21,510.53
"includes backhoe w/operator
.
.
.'
EXHIBIT E
10 Task Nama 22
1 Agreement
2 Pre-Design Report
3 Review Alignment Options
4 Preliminary Cost Estimates
5 Operational Constraints
6 Report to City
7 City Approval
8 Design
9 Reid Data Collection
10 Preliminary Design
11 Supply Line
12 Intake/Meter
13 Permitting
14 Review with City
15 Final Design
16 City/DEQ Appoval
17 Bidding! Award/Contract
18 Construction
19 Shop Drawings
20 Confirm Wetlands
21 Preconstrctuion Conference
22 Staking
23 InspectionITesting & Reports
24 Summer Peak Shut-Down
25 Pay Estimates
26 Record Drawings
27 Close-Out
Sourdough Raw Water Intake and
Supply Line Replacement Project Schedule
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Thomas Dean & Hoskins, Inc.
Bozeman, Montana