HomeMy WebLinkAbout97- Thomas, Dean & Hoskins Professional Services Agreement
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PROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made as of December 15 , 19...2L, 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 Construct West Beall Street from the
existing improvements west of North 23rd Street to the intersection
of North 25th street under a Special Improvement District, and
construct water main improvements in West Beall Street prior to
constructing the street, and has selected the ENGINEER to provide
necessary and professional engineering services for the project.
Whereas the ENGINEER represents that it is willing and qualified to
perform the professional engineering services for this project
described in this Agreement.
Therefore, in consideration of the foregoing recitals and the
mutual covenants and conditions contained herein, the parties agree
as follows:
The conditions and provisions set forth in the attached EXHIBIT A
-ENGINEER'S STATUS DURING CONSTRUCTION and EXHIBIT B - A LISTING OF
THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE
RESIDENT PROJECT REPRESENTATIVE AND EXHIBIT C - PERSON - HOUR
TABULATION AND FEE COMPUTATION are hereby incorporated in and made
part of this Agreement.
ARTICLE 1 - ENGINEERING SERVICES
1.1. The detailed description of the specific project components is
described as follows:
Provide topographic site survey, project design, plans and specifications -
contract documents, construction administration, and construction staking,
inspection and testing, in accordance with Sections 4.1, 4.2, 4.3, 4.4, 4.5,
and 4.6 of this Agreement and EXHIBITS A and B.
1.2. The scope of services under this contract are set forth in this
agreement and the attached EXHIBITS.
ARTICLE 2 - ENGINEER'S RESPONSIBILITIES
2.1. ENGINEER shall perform for OWNER professional engineering services in
all phases of the project to which this Agreement applies as hereinafter provided.
These services will include, but not be limited to, serving as OWNER's
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professional engineering representative for the proj ect, 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 recommendations as designated herein.
2.3. The ENGINEER shall ascertain such information as may have a bearing on the
work from local units of government, public, and private organizations and shall be
authorized to procure information from other authorities as to the extent of these
contacts and the results thereof.
2.4. The ENGINEER'S work shall be in accordance with the standards of sound
engineering practices.
2.5. The ENGINEER shall name a Principal-In-Charge for the duration of the project.
The Principal-In-Charge shall be David J. 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 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 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 of review and examination of the
ENGINEER'S work at all times.
3.3 The OWNER shall make available all records (as-built drawings,
construction records, etc. ) indicating the existing configuration of the city
utilities.
3.4 The OWNER will be responsible for Advertising Bid openings.
3.5 The OWNER shall attend the pre-bid conferences, bid openings, pre-
construction conferences, construction progress and other job related meetings,
substantial completion inspections and final payment inspections.
ARTICLE 4 - BASIC ENGINEERING SERVICES
The ENGINEER shall render professional Engineering Services as follows:
4.1 PRELIMINARY DESIGN PHASE
After receipt of written authorization to proceed, ENGINEER shall:
4.1.1. In consultation with OWNER determine general scope, extent and
character of the Project.
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4.1.2. ENGINEER shall then prepare a preliminary plans and
specifications for the Project.
4.1.3. Desicrn 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) 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.
4.1.4. Permits and Riahts-of-Way: The ENGINEER shall obtain approved
permits, licenses, and/or easement agreements from private landowners and any
other agencies or entities requiring similar approvals prior to bidding.
These approvals will be coordinated with the OWNER and will be made on
easement and permit documents approved by the OWNER. Information and
easement descriptions provided in the Basic Engineering Services will be
based on data available from design surveys and courthouse records.
4.1.5. preliminary Plans and SDecificatlons. Prepare preliminary
construction plans and specifications with information which addresses the
special features of each project task.
4.1.6. Based on the information above, ENGINEER will submit an opinion
of probable Total Project Costs to the OWNER.
4.1.7. ENGINEER shall prepare and furnish complete copies of preliminary
bidding documents as requested to OWNER and at the same time furnish copies
as directed by OWNER to agencies and/or parties having regulatory
responsibilities or direct financial participation in any part of the
projecti provide any technical criteria, written descriptions and design data
necessary for securing permits or approval from authorities having
jurisdiction to review and approve the design, and assist owner in securing
such approvals; and review documents in person with OWNER and review
authorities, and, if necessary, conduct a plan-in-hand site review. All
changes agreed to between ENGINEER and OWNER will be noted in a memorandum
from the ENGINEER to the OWNER and incorporated into the final plans and
specifications.
The Preliminary Design Phase will be completed and submitted within llQl calendar
days following written authorization from OWNER to ENGINEER to proceed with that
phase of services.
4.2 FINAL DESIGN PHASE
After written authorization to proceed with the Final Design Phase, ENGINEER shall:
4.2.1. On the basis of the accepted Preliminary Design documents and the
opinion of probable Total project Costs, prepare for incorporation in the
Contract Documents final drawings and Technical Specifications of sufficient
detail to show the general scope, extent and detailed character of the work
to be furnished and performed by the Contractor(s) suitable for use in the
project bidding and construction.
4.2.2. Advise OWNER of any adjustments to the latest opinion of probable
Total Project Costs caused by changes in general scope, extent or character
or design requirements of the Project or Construction Costs. Furnish to
OWNER a revised opinion of probable Total Project Costs based on the Drawings
and specifications.
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4.2.3. Prepare for review and approval by OWNER, its legal counsel and
other advisors, contract agreement forms, general conditions and
supplementary conditions, and (where appropr~ate) 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.
4.2.4. Furnish OWNER six copies of the Contract Documents (including
design drawings, specifications and contracts) .
The Final Phase will be complete and submitted within lJQl calendar days following
written authorization from OWNER to ENGINEER to proceed with that phase of services.
4.3 BIDDING OR NEGOTIATING PHASE
After written authorization to proceed with the Bidding or Negotiating Phase,
ENGINEER shall:
4.3.1. 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.
4.3.2. Provide interpretation or clarification to prospective bidders
regarding the Bidding Documents, and issue addenda as appropriate.
4.3.3. Consult with and advise OWNER as to the acceptability of the
prime contractor, subcontractors, suppliers and other persons and
organizations proposed by the prime contractor(s) (herein call
"Contractor(s)") for those portions of the work as to which such
acceptability is required by the Bidding Documents.
4.3.4. 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.
4.3.5. Attend the Bid opening, prepare bid tabulation, evaluate bids,
assess bidders' responsiveness and responsibility and make award
recommendation to OWNER.
4.3.6 Facilitate contract award, and the execution and distribution of
the contract documents for construction, materials, equipment and services.
Furnish Owner two original signature sets of executed contract documents
(including design drawings, specifications and contracts). Furnish
contractor with one set of original signature executed contract documents and
up to three sets of construction documents.
4.4 CONSTRUCTION PHASE
The responsibilities of the ENGINEER during the Construction Phase are summarized
as follows:
4.4.1. 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
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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:
4.4.1.1 schedule and conduct a pre-construction conference.
4.4.1.2 Provide personnel, equipment and supplies for construction
layout and control, including establishment of line, grade, and blue
top control staking.
4.4.1.3 Review Contractors' construction schedules and operations,
and the Contractors' traffic control plans and its implementation prior
to the start of construction.
4.4.1.4 Ascertain that the Contractor has secured required permits
needed to accomplish his work.
4.4.1.5 Prepare and provide weekly activity and progress reports
to the City's Task Director.
4.4.1.6 ENGINEER shall provide OWNER copies of all correspondence
between the ENGINEER and Contractor.
4.4.1.7 Issue stop and resume work orders, in whole or in part,
when work is not or cannot be performed in accordance with the Contract
Documents.
4.4.1.8 Review and approve, for conformance with the project
technical specifications all shop drawings, and other Contractor
submittals required by the Contract Documents.
4.4.1.9 During construction review Contractors' construction
schedules and evaluate conformance and progress under the Contract time
provisions.
4.4.1.10 Prepare for OWNER I 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.
4.4.1.11 Inspect the project and when appropriate, and after
conferring with OWNER, issue a Certificate of Substantial Completion
to the Contractor.
4 . 4 . 1.12 Prior to recommending final payment, schedule and conduct
with the OWNER a final project inspection and submit a report to the
OWNER documenting any outstanding items or deficiencies requiring
correction prior to final payment. Upon satisfactory project
completion ENGINEER shall certify in wr i ting to the OWNER, and any
required regulatory agencies, that the construction was completed in
accordance with the approved plans and specifications and is performing
in accordance with the design concept.
4.4.1.13 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 proj ect
deficiencies exist and if the project is performing in accordance with
the design concept.
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4.4.2. Resident Proiect ReDresentative. ENGINEER shall provide
a qualified Resident Project Representative at the job site to provide
observation of the work as provided in EXHIBIT B - A LISTING OF THE DUTIES,
RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT
REPRESENTATIVE., attached to and made part of this Agreement.
The ENGINEER shall submit to the OWNER, for review and acceptance,. the resume
of each Resident Project Representative who may be assigned to the job site
during the course of the project not less than 10 calendar days prior to the
pre-construction meeting. Any subsequent change in the resident
representative shall also be subject to the OWNER'S approval.
4.4.3. 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.
4.5. PROJECT DOCUMENTATION
ENGINEER shall furnish OWNER with (a) one mylar copy and two paper copies of the
project Record Drawings ("As-Builts"), (b) written monthly progress reports, and (c)
a project notebook containing such correspondence and documentation as requested by
OWNER.
4.6. 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 perform or obtain
from others such services and will be paid therefor as provided in the Agreement:
5.1.1. Legal land surveys performed to obtain data for preparing
easements and rights-of-way descriptions.
5.1.2. preparation of applications and supporting documents for
governmental agencies in addition to those required under Basic services;
preparation or review of environmental studies and related services; and
assistance in obtaining environmental approvals.
5.1.3. Services resulting from significant changes in the general scope,
extent or character of the project or major changes in documentation
previously accepted by OWNER where changes are due to causes beyond
ENGINEER's control.
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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 otherwise provided for in the
Agreement, including services normally furnished by the OWNER as elsewhere
herein described.
5.1.7. Furnishing the services of independent professional associates
or consultants for other than Basic Services.
5.2. When required by the Contract Documents in circumstances beyond ENGINEER's
control, ENGINEER shall perform or obtain from others any of the following
Additional Services as circumstances require during construction and without waiting
for specific instructions from OWNER, and ENGINEER will be paid therefor as provided
in this Agreement:
5.2.1. Services in connection with work directive changes and change
orders to reflect the changes requested by OWNER if the resulting change in
compensation for Basic Services is not commensurate with the additional
services rendered.
5.2.2. Services in making revisions to Drawings and Specifications
occasioned by the OWNER'S acceptance of substitutions proposed by
Contractor(s); services after the award of each contract in evaluating and
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 PAYMEN'l' FOR DESIGN SERVICES AND EXPENSES OF ENGINEER
6.1.1 Lumo Sum Pavment. The OWNER shall for design phase services performed
as Basic Engineering Services under sections 4.1 through 4.3 of this
agreement pay a lump sum in the amount of $12.700 for such services.
6.1.2 Payment Schedule. Total cumulative payments for the design phase
engineering services (sections 4.1 through 4.3) shall not exceed the
following ceilings:
S 6.858 (54% of design fee) until the Preliminary Plans and specifications
have been submitted to the OWNER and review authorities.
$ 11.557 (91% of design fee) until the Final Plans and specifications have
been submitted to the OWNER and review authorities.
6.1. 3 General. Engineer shall submit monthly statements for services
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rendered. The statements shall be based upon Engineer's estimate of the
proportion of the total services actually completed at the time of billing,
subj ect 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 Exoenses. 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 4.3) 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 PA~ J'OR BASIC SERVICES AND EXPENSES OJ' ENGINEER.
Construction and project documentation services performed as Basic Engineering
Services under sections 4.4 through 4.6 including General Administration of
Construction Contract, 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 S19.400 except as provided under 6.2.1.2 and
6.2.4.
6.2.1.1 Costs Compensation. Compensation for these services shall be
based on the ENGINEER's Direct Labor Cost (Salaries) times a factor
of 2.90 for services rendered which shall cover Direct Labor, Direct
Labor Overhead, General & Administrative Overhead and Profit.
6.2.1.2 Notification. At any time during the construction that it
becomes apparent that the Construction Phase and project Documentation
Services rendered under this Agreement will exceed the negotiated
compensation for these services, and prior to performing services in
excess of the contract ceiling, the ENGINEER shall give OWNER written
notice thereof. Promptly thereafter OWNER and ENGINEER shall review
the scope and progress of the proj ect work. ENGINEER shall obtain
written authorization from OWNER, prior to any additional costs being
incurred under paragraph 6.2.1.3. If it is determined that due to a
change in project scope under paragraph 5.2.1, the ENGINEER is entitled
to additional compensation, OWNER and ENGINEER may negotiate terms as
provided under 6.2.1.1. The amount and terms of any additional
compensation under 6.2.1.1 or 6.2.1.3 shall be negotiated and agreed
in writing pursuant to 9.1.6.
6.2.1.3 Costs Exceedincr 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 2.598 for services rendered which shall include
Direct Labor, the federally audited payroll Direct Labor Overhead, and
General & Administrative Overhead costs, but shall not include any
allowance for profit.
6.2.2. Reimbursable Expenses, as defined in section 7.4 of this
Agreement, for Basic Services and Approved Additional Services shall be paid
to the ENGINEER by the OWNER in the actual amount of the costs incurred.
6.2.3. Failed Test Expenses. The ENGINEER shall maintain and provide
to the OWNER, a record of the costs associated with failing quality control
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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 2.90, or an amount
otherwise negotiated at the time such services are requested and
approved by the OWNER.
ARTICLE 7 - MEANING OF TERMS
7.1 AGlU:EMENT
As used herein the term "this Agreement" refers to the contents of this document and
its Exhibits attached hereto and referred to as if they were part of one and the
same document.
7.2 CONSTROCTION COSTS
The construction cost of the entire project (herein referred to as "Construction
Cost") means the total cost to OWNER of those portions of the entire Project
designed and specified by ENGINEER, but it will not include ENGINEER's compensation
and expenses, the cost of land, rights-of-way, or compensation for or damages to,
properties unless this Agreement so specifies, nor will it include OWNER's legal,
accounting, insurance counseling or auditing services, or interest and financing
charges incurred in connection with the Project or the cost of other services to be
provided by others to OWNER.
7.3 DIRECT LABOR COSTS
Direct Labor Costs used as a basis for payment mean salaries and wages paid to all
ENGINEER's personnel engaged directly on the Project, including, but not limited to,
engineers, architects, surveyors, designers, drafters, specification writers,
estimators, other technical and business personnel; but does not include indirect
payroll related costs or fringe benefits.
For the purposes of estimating fees of the ENGINEER, the maximum anticipated Direct
Labor Costs are:
Senior Engineer $31. 38/hr
Engineer $23.79/hr
Engineering Tech. $18.62/hr
Draftsperson $11. 38/hr
Clerical $ 9.83/hr
Survey Party Chief $16.21/hr
Surveyor $11. 38/hr
Inspector $14.48/hr
7.4 REIMBURSABLE EXPENSES
Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's
independent professional associates or consultants directly in connection with the
Project, such as expenses for: transportation and subsistence incidental thereto;
obtaining bids or proposals from Contractor(s); subsistence and transportation of
Resident project Representatives and their assistants; toll telephone calls and
telegrams; reproduction of reports, Drawings, Specifications, Bidding Documents and
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similar Project-related itemsi and if authorized in advance by OWNER, overtime work
requiring higher than regular rates. In addition, when compensation for Basic
Services is on the basis of Direct Labor Costs method of payment, Reimbursable
Expenses will also include the amount billed to ENGINEER by special consultants
employed by ENGINEER and authorized by OWNER (other than as an authorized Additional
Services) and will also include expenses incurred for computer time and other
specialized equipment, including an appropriate charge for "previously established
programs and expenses of photographic production techniques.
ARTICLE 8 - PAYMENT PROVISIONS
8.1 ':rIMES OJ!' PADoJENTS. ENGINEER may submit monthly statements for Basic Services
and approved Additional Services rendered and for Reimbursable Expenses incurredi
however, payments shall not exceed the ceilings provided in 6.1 and 6.2. Final
payment shall be made only after acceptance of the project by the OWNER. If OWNER
disputes the amount of the billing, OWNER will notify the ENGINEER in writing within
ten (10) calendar days of the receipt of bill of the dispute.
8.2 REQUES':rS FOR P~. Each request for payment shall include a documentation
summary of the period incremental man hours incurred, direct labor rates and billed
rates, detail of reimbursable costs, total period billing, and total cumulative
billing. When requested by OWNER services for distinct project segments shall be
accounted and billed separately.
8.3 P~ ONDER TERMINA':rION. In the event of termination by the OWNER upon the
completion of any phase of the Basic Services, progress payments due ENGINEER for
services rendered through such phase shall constitute total payment for such
services. In the event of such termination by OWNER during any phase of the Basic
Services, ENGINEER also will be reimbursed for the charges of pre-approved
independent professional associates and consultants employed by ENGINEER to render
Basic Services, and paid for services rendered during that phase on the basis of the
payment provisions of the Agreement. In the event of any "such termination, ENGINEER
will be paid for unpaid pre-approved Additional Services and unpaid Reimbursable
Expenses which are authorized under this agreement.
ARTICLE 9 - GENERAL CONSIDERATIONS
9 . 1 1'ElU<aNA':rION OJ!' AGREEMEN'r
9.1.1 The sole right is hereby reserved to the OWNER to terminate this
Engineering Agreement for any and all causes or for it's convenience at any
time upon fifteen (15) days written notice to the ENGINEER.
9.1.2 If termination for default is effected by the OWNER, an equitable
adjustment in the price provided for in this Agreement shall be made, but (1)
no amount shall be allowed for anticipated profit on unperformed services or
other work, and (2) any payment due to the ENGINEER at the time of
termination may be adjusted to cover any additional costs to the OWNER
because of the ENGINEER's default. If termination for convenience is
effected by the OWNER, the equitable adjustment shall include a reasonable
profit, as determined by owner, for services or other work performed. The
equitable adjustment for any termination shall provide for payment to the
ENGINEER for services rendered and expenses incurred prior to the
termination, in addition to termination settlement costs reasonably incurred
by the ENGINEER relating to commitments which had become firm prior to the
termination.
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9.1.3 Upon receipt of a termination action under paragraph 9.1.2, the
ENGINEER shall (1) promptly discontinue all affected work (unless the notice
directs otherwise), and (2) deliver or otherwise make available to the OWNER
within ten (10) days copies of all data, design drawings, specifications,
reports, estimates, summaries and such other information and materials as may
have been accumulated by the ENGINEER in performing this Agreement, whether
completed or in process.
9.1.4 In the event this Contract is terminated prior to completion, the
original copies of the ENGINEER'S data, recommendations, plans,
specifications, analysis and other related documents prepared by the ENGINEER
prior to said termination shall be delivered to and become the property of
the OWNER.
9.1.5 Upon termination, the OWNER may take over the work and may award
another party an Agreement to complete the work under this Agreement.
9.1.6 OWNER'S right to terminate is in addition to any other remedies OWNER
may have under the law.
9.2 INSPECTION AND AUDIT
All books, papers, records, payrolls, vouchers and invoices relating to costs and
expenditures incurred as to the performance of the services by the ENGINEER
hereunder shall be made available to the OWNER, or their authorized representatives
for audit and review, at the ENGINEER'S respective offices at all reasonable times
during the contract period and for three years from the date of final payment.
9 . 3 EMPLOYMENT
The ENGINEER warrants that he has not employed or retained any company or persons,
other than a bona fide employee, working solely for the ENGINEER, to solicit to
secure this contract, and that he has not paid or agreed to pay any company or
person, other than bona fide employees working solely for the ENGINEER, any fee,
commission, percentage, brokerage fee, gifts or any other considerations contingent
upon or resulting from the award or making of this Contract. For breach or
violation of this warranty, the OWNER shall have the right to annul the Contract
without liability or in its discretion to deduct from
the price or consideration or otherwise recover the full amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee.
All employees of the ENGINEER or other persons while engaged in the performance of
work or services required by the ENGINEER shall be considered employees of the
ENGINEER only and not of the OWNER.
9.4 NONDISCRDaNATION
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.
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9.6 S~ANDARD 01' CARE
ENGINEER warrants that it will provide it~ services in accordance with the standards
of care, skill, knowledge, and diligence normally exercised by a professional
engineer in the performance of such engineering services. If any such service
should be discovered to be not in conformance with this standard, the ENGINEER
shall, at the OWNER'S "request, re-perform the service at its own expense. Engineer
shall also, at its own expense, make such changes, modifications or additions to the
project which are made necessary as a result of the initial nonperformance or the
re-performance of services. The OWNER's rights herein are in addition to any other
remedies the OWNER may have under the law.
9.7 LEGAL RELA~IONS
The ENGINEER shall comply with all Federal, State, and Local laws and ordinances
applicable 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 liability
of any character whatsoever brought or asserted for any injury, death, or damage
received or sustained by any person, persons, property, business or any other
entity, arising out of or resulting from, or in connection with the performance of
the work herein specified. The ENGINEER is not required to defend the OWNER from
assertions that the OWNER was negligent, or indemnify the OWNER from liability based
solely on OWNER's negligence. The indemnity required here shall not be limited by
reason of the specification of any particular insurance coverage in this Agreement.
The ENGINEER is and shall perform this agreement as an independent contractor, and
as such, is responsible to the OWNER only as to the results to be obtained in the
work herein specified, and to the extent that the work shall be done in accordance
with the terms, plans and specifications. The ENGINEER shall have and maintain
complete control over all of its employees, subcontractors, agents and operations,
being responsible for any required payroll deductions and providing required
benefits, such as, but not limited to, worker's compensation with statutory limits,
and unemployment insurance.
9.a INSURANCE
The ENGINEER shall secure and furnish to the OWNER certificate of insurance,
therein, naming the OWNER as an additional insured, to include thirty (30) days
notice of cancellation or non-renewal.
Without limiting any of ENGINEER's obligations hereunder, ENGINEER shall secure and
maintain, until the work is completed and accepted by the OWNER, insurance coverage
naming the OWNER as additional insured with minimum insurance coverage as follows:
Tvoe of Coveraae Limits
Emplovers' Liabilitv: $ 100.000 per accident
General Liabilitv:
Bodilv Iniurv & Property
Damaqe Single and combined $ 1.000.000 per accident
Automobile:
Bodilv Iniurv covering all $ 500,000 each person
automobiles, trucks,
12
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tractors, trailers, or $1.000.000 each occurrence
other automotive equip-
ment whether owned or
rented by Engineer or
.owned by employees of
Engineer.
Propertv Damacre covering $ 500.000 each occurrence
all automobiles, trucks,
tractors, trailers or other
automotive equipment whether
owned or rented by Engineer
or owned by employees of
Engineer
OR
Bodilv Iniurv & Prooertv $ 500.000 each occurrence
Damacre single and combined
Professional Errors & Omission: S 1.000.000 per claim and
aggregate each occurrence
9.9 ENDORSEMENT
The ENGINEER shall place his endorsement on all drawings and other data furnished
by him.
9.10 OWNERSHIP OF DOCUMENTS
All schedules, data, exhibits, recommendations, design reports, plans,
specifications, and other related documents prepared or obtained under the terms of
the Contract are deemed to be the property of the OWNER and shall be delivered to
the OWNER.
9.11 PUBLIC INFORMATION
The ENGINEER shall not issue any statements, releases or information for public
dissemination without prior approval of the OWNER.
9.12 PROPRIETARY RIGHTS
If patentable discoveries or inventions should result from work required herein, all
rights accruing from such discoveries or inventions shall be joint property of the
ENGINEER and the OWNER. Provided that the OWNER, state agencies or political
subdivisions and the United States Government shall have the irrevocable,
nonexclusive, nontransferable and royalty-free license to use each invention in the
manufacture, use and disposition, according to law, of any article or material, and
in the use of any method that may be developed as part of the work described and
contemplated herein.
9.13 RECORDS
The ENGINEER shall maintain accounting records and other evidence pertaining to the
cost incurred and to make the records available at all reasonable times during the
Contract term and for one (1) year from the date of final payment. Such accounting
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records and other evidence pertaining to the cost incurred will be made available
for inspections by OWNER.
9.14 SOCCESSORS IN INTEREST
The covenants, agreements and all statements in this Contract apply to and shall be
binding on the heirs, personal representatives, successors and assigns of the
respective parties.
9.15 ATTORNEY'S FEES AND COSTS
That in the event it becomes necessary for either Party of this Contract to retain
an attorney to enforce any of the terms or conditions of this Contract or to give
any notice required herein, then the prevailing Party or the Party giving notice
shall be entitled to reasonable attorney's fees and costs, including fees, salary,
and costs of in-house counsel to include City Attorney.
9.16 MODIFICATIONS AND AMENDMENTS
That any amendment or modification of this Contract or any 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.
CITY OF BOZEMAN, MONTANA ENGI~R
B'l:,l(~L~er) BY:. ~~~er)
DATE:~Cn DATE: [0/11/Cf7
ATT~~ ~ ATTEST:
BY: ~ J c By:7~
(C erk of COlnIn1SSwn) ~
APPROVED ,AS TO FORM DATE: J () ~ / 7 ~ q 1
.,' ;1 fI
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"/i /i{:?~
BY: t(/t, / ' ~
(Clty4l~eY)
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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 , ~, between CITY OF BOZEMNi (OWNER) and Thomas,
Dean , Hosk~ns, Inc., Boz8Il1aIl, Montana (ENGINEER) providing for professional
engineering services.
ARTICLE 10 - ENGINEER'S STATOS DURING CONSTROCTION
10.1. OWNERS'S REPRESENTATIVE
ENGINEER will be OWNER's representative during the construction period. The duties
and responsibilities and the limitations of authority of ENGINEER as OWNER's
representative during construction are set forth in the Contract Documents and shall
not be extended without written consent of OWNER and ENGINEER.
10.2. VISITS TO THE SITE
ENGINEER will make visits to the site at intervals appropriate to the various stages
of construction to observe the progress and quality of the executed Work and to
determine, in general, if the Work is proceeding in accordance with the Contract
Documents. ENGINEER will not be required to make exhaustive or continuous on-site
inspections to check the quality or quantity of the Work. ENGINEER's efforts will
be directed toward providing for OWNER 's greater degree 0 f 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,
engineering fees, responsibilities and limitations of authority of any such Resident
Project Representative and assistants will be determined at that time.
10.4. CLARIFICATIONS AND INTERPRETATIONS
ENGINEER will issue with reasonable promptness such written clarifications or
interpretations of the requirements of the Contract Documents (in the form of
Drawings or otherwise) as ENGINEER may determine necessary, which shall be
consistent with or reasonably inferable from the overall intent of the Contract
Documents. If CONTRACTOR believes that a written clarification or interpretation
justifies an increase in the Contract Price or an extension of the Contract Time and
the parties are unable to agree to the amount or extent thereof, CONTRACTOR may make
a claim therefor as provided in the General Provisions of the construction Contract
Document.
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10.5. AUTHORIZED VARIATIONS IN WORK
ENGINEER may authorize minor variations in the Work from the requirements of the
Contract Documents which do not involve an adjustment in the Contract Price or the
Contract Time and are consistent with the overall intent of the Contract Documents.
These may be accomplished by a Field Order and will be binding on OWNER, and also
on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes
that a Field Order justifies an increase in the Contract Price or an extension of
the Contract Time and the parties are unable to agree as to the amount or extent
thereof, CONTRACTOR may make a claim therefor as provided in the General Conditions
of the Construction Contract.
10.6. REJECTING DEFECTIVE WORK
ENGINEER will have authority to disapprove or reject Work which ENGINEER believes
to be defective, and will also have authority to require special inspection or
testing of the Work as provided in the General Provisions of the construction
Contract Document whether or not the work is fabricated, installed, or completed.
10.7. SHOP DRAWINGS, CHANGE ORDERS AND PAYMENT
10.7.1. The ENGINEER's responsibility for Shop Drawings and samples shall
comply with the shop drawing provisions of the General Provisions of the
construction Contract Document
10.7.2. The ENGINEER's responsibilities for Change Orders shall comply
with the change order prOVisions of the General Provisions of the
construction Contract Document.
10.7.3. The ENGINEER's responsibilities for contractor's Application for
Payment shall comply with the payment provisions of the General provisions of
the construction Contract Document
10.8. DETERMINATIONS FOR UNIT PRICES
ENGINEER will determine the actual quantities and classifications of Unit Price Work
performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's
preliminary determinations on such matters before rendering a written recommendation
thereon (by recommendation of an Application for Payment or otherwise) to OWNER.
10.9. DECISION ON DISPUTES
10.9.l. 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
wr i ting with a request for a formal decision in accordance with this
paragraph, which ENGINEER will render in writing within a reasonable time.
Written notice of each such claim, dispute and other matter shall be promptly
reported and copied to the OWNER.
10.9.2. When functioning as interpreter under paragraphs 10.8 and 10.9.1,
ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be
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liable in connection with any interpretation or decision rendered in good
faith in such capacity. The rendering of a decision by ENGINEER pursuant to
paragraphs 10.8 and 10.9.1 with respect to any such claim, dispute or other
matter will be a condition precedent to any exercise by OWNER or CONTRACTOR
of such rights or remedies as either may otherwise have under the Contract
Documents or by Laws or Regulations in respect of anY_SUCh claim, dispute or
other matter.
10.10. LIMITATIONS ON ENGINEER'S RESPONSIBILITIES
10.10.1. Neither ENGINEER's authority to act under this Article or
elsewhere in the Contract Documents nor any decision made by ENGINEER in good
faith either to exercise or not exercise such authority shall give rise to
any duty or responsibility of ENGINEER to CONTRACTOR, any Sub-contractor, any
Supplier, or any other person or organization performing any of the Work, or
to any surety for any of them.
10.10.2. Whenever in the Contract Documents the terms "as ordered", "as
directed" J "as required", "as allowed", "as approved" or terms of like effect
or import are used, or the adjectives "reasonable", "suitable" , "acceptable" ,
"Proper" or "satisfactory" or adjectives of like effect or import are used to
describe a requirement, direction, review or judgment of ENGINEER as to the
Work, it is intended that such requirement, direction, review or judgment
will be solely to evaluate the Work for compliance with the Contract
Documents (unless there is a specific statement indicating otherwise) . The
use of any such term or adjective shall not be effective to assign to
ENGINEER any duty or authority to supervise or direct the furnishing or
performance of the Work or any duty or authority to undertake responsibility
contrary to the provisions of paragraph 4.4.2.
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EXHIBIT B
TO AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES
A LISTING OF THE DUTIES, RESPONSIBILITIES AND
LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT
REPRESENTATIVE.
This Exhibit is attached to, made a part of and incorporated by reference with the
Agreement made on , 19 , between CITY OF BOZEMAN (OWNER) and
Thomas, Dean & Hoskins, Inc. Bozeman, Montana 59715 (ENGINEER) providing for
professional engineering services.
ARTICLE 11 - DUTIES. RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY
OF THE RESIDENT PROJECT REPRESENTATIVE
ENGINEER shall furnish a Resident project Representative (RPR), assistants and other
field staff to assist ENGINEER in observing performance of the work of Contractor.
Through more extensive on-site observations of the work in progress and field checks
of materials and equipment by the RPR and assistants, ENGINEER shall endeavor to
provide further protection for OWNER against defects and deficiencies in the work
of CONTRACTORi but, the furnishing of such services will not make ENGINEER
responsible for or give ENGINEER control over construction means, methods,
techniques, sequences or procedures or for safety precautions or programs, or
responsibility for CONTRACTOR's failure to perform the Work in accordance with the
Contract Documents and in particular the specific limitations set forth in section
8.5 of the Agreement are applicable.
The duties and responsibilities of the RPR are limited to those of ENGINEER in this
agreement and in the construction Contract Documents, and are further limited and
described as follows:
11.1. GENERAL
RPR is ENGINEER's agent at the site, will act as directed by and under the
supervision of ENGINEER, and will confer with ENGINEER regarding RPR's actions.
RPR's dealings in matters pertaining to the on-site work shall in general be with
ENGINEER and CONTRACTOR keeping OWNER advised as necessary. RPR's dealings with
subcontractors shall only be through or with the full knowledge and approval of
CONTRACTOR. RPR shall generally communicate with OWNER with the knowledge of and
under the direction of ENGINEER.
11.2. DUTIES AND RESPONSIBILITIES OF RPR
11.2.1. Schedules: Review the progress schedule, schedule of Shop
Drawing submittals and schedule of values prepared by CONTRACTOR and consult
with ENGINEER concerning acceptability.
11.2.2. Conferences and Meetinas: 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.
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11.2.3, Liaison:
11.2.3.1. Serve as ENGINEER's liaison with CONTRACTOR, working
principally through CONTRACTOR's superintendent and assist in
understanding the intent of the Contract Documents; and assist ENGINEER
in serving as OWNER's liaison with CONTRACTOR.
11. 2.3.2. Assist in obtaining from OWNER additional details or
information, when required for proper execution of the Work.
11.2.4. Shop Drawinas 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 commencement of any
Work requiring Shop Drawing or sample if the submittal has not been
approved by ENGINEER,
11. 2.5. Review of Work. Rei ection of Defective Work. Inspections and
~:
11.2.5.1. Conduct on-site observations of the work in progress to
assist ENGINEER in determining if the Work is in general proceeding in
accordance with the Contract Documents.
11.2.5.2. Report to ENGINEER whenever RPR believes that any Work is
unsatisfactory, faulty or defective or does not conform to the Contract
Documents, or has been damaged, or does not meet the requirements of
any inspection, test or approval required to be made; and advise
ENGINEER of Work that RPR believes should be corrected or rejected or
should be uncovered for observation, or requires special testing,
inspection or approval.
11.2.5.3. Verify that tests, equipment and systems startup and
operating and maintenance training are conducted in the presence of
appropriate personnel, and the CONTRACTOR maintains adequate records
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
clarifications and interpretations of the Contract Documents are needed and
transmit to CONTRACTOR clarifications and interpretations as issued by
ENGINEER.
11.2.7. Modifications: consider and evaluate CONTRACTOR's suggestions
for modifications in Drawings or Specifications and report with RPR's
recommendations to ENGINEER. Transmit to CONTRACTOR decisions as issued by
ENGINEER.
11.2.8. Records:
11.2.8.1. Maintain at the job site orderly files for correspondence,
reports of job conferences, Shop Drawings and samples, reproductions
of original Contract Documents including all Work Directive Changes,
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Addenda, Change Orders, Field Orders, additional Drawings issued
subsequent to the execution of the Contract, ENGINEER's clarifications
and interpretations of the Contract Documents, progress reports, and
other Project related documents.
11.2.8.2. Keep a detailed and accurate diary or log book, 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 observing test
procedures; and send copies to ENGINEER.
11.2.8.3. Record name s , 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. Pavment ReQUests: Review applications for payment with
CONTRACTOR for compliance with the established procedure for their submission
and forward with recommendations to ENGINEER, noting particularly the
relationship 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 Ooeration Manuals: During the
course of the Work, verify that certificates, maintenance and operation
manuals and other data required to be assembled and furnished by CONTRACTOR
are applicable to the items actually installed and in accordance with the
Contract Documents, and have this material delivered to ENGINEER for review
and forwarding to OWNER prior to final payment for the Work.
11. 2.12. Comoletion:
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 recommendation to
Engineer regarding issuance of a Certificate of Substantial completion.
11.2.12.3. Conduct final inspection in the company of ENGINEER,
OWNER, and CONTRACTOR and prepare a final list of items to be completed
or corrected.
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11.2.12.4. Observe that all items on final list have been completed
or corrected and make recommendations to ENGINEER concerning final
acceptance.
11. 3 . LIMITATIONS OF AUTHORITY
Resident Project Representative:
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 forth
in the Agreement or the Contract Documents.
11.3.3. Shall not undertake any of the responsibilities of CONTRACTOR,
subcontractors or CONTRACTOR's superintendent.
11.3.4. Shall not advise on, issue directions relative to or assume
control over any aspect of the means, methods, techniques, sequences or
procedures of construction unless such advice or directions are 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. Shall 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.
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EXHIBIT C
PERSON~HOUR TABULATION AND FEE COMPUTATION
WEST BEALL STREETIWA TER IMRPOVEMENTS
STREET RATE
SID WATER TOTAL ($/HR) TOTAL
DESIGN
SENIOR ENGINEER 4 1 5 $91.00 $455.00
ENGINEER 18 4 22 $69.00 $1,518.00
ENG. TECH 18 4 22 $54.00 $1,188.00
DRAFTSPERSON 18 4 22 $33.00 $726.00
CLERICAL 3 2 5 $28.50 $142.50
SURVEY PARTY CHIEF 4 2 6 $47.00 $282.00
SURVEYOR 7 2 9 $33.00 $297.00
EXPENSES $250.00 $60.00 $310.00
TOTAL $4,918.50
BID DOCUMENTS
ENGINEER 64 2 66 $69.00 $4,554.00
DRAFTSPERSON 36 16 52 $33.00 $1,716.00
CLERICAL 22 0 22 $28.50 $627.00
EXPENSES $800.00 $25.00 $825.00
TOTAL $7,722.00
CONSTRUCTION
ENGINEER 28 10 38 $69.00 $2,622.00
PARTY CHIEF 32 8 40 $47.00 $1,880.00
SURVEYOR 32 8 40 $33.00 $1,320.00
INSPECTOR 200 48 248 $42.00 $10,416.00
DRAFTSPERSON 6 4 10 $33.00 $330.00
CLERICAL 40 20 60 $28.50 $1,710.00
EXPENSES $800.00 $320.00 $1,120.00
TOTAL $19,398.00
GRAND TOTAL $25,987.50 $6,051.00 $32,038.50
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Amendment No.1 to Professional Services Agreement
West Beall Street Improvements
THIS AGREEMENT is made as of this 17th day of May , 1999,
between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, herein referred to as
OWNER and THOMAS, DEAN & HOSKINS, INC., an Engineering Consulting Finn of Bozeman,
Montana, herein referred to as ENGINEER.
WHEREAS, the parties have entered into a Professional SelVices Agreement dated December
15,1997, herein referred to as Original Agreement for professional engineering selVices to improve West
Beall Street from the existing improvements west of North 23rd Avenue to the intersection of North 25th
Avenue; and
WHEREAS, the parties desire to further amend the provisions of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED
HEREIN, the parties agree as follows:
1. Section 6.1.1 of the Original Agreement pertaining to payment for design phase services is
amended to read as follows:
"6.1.1 Lump Sum Payment. The OWNER shall for design phase selVices perionned as
Basic Engineering Services under sections 4.1 through 4.3 of this agreement pay a lump
sum in the amount of $14.500.00 for such selVices.
2. Except as specifically amended herein, the Original Agreement of December 15, 1997, shall
remain in full force and effect and the parties shall be bound by all tenns and conditions therein.
IN WITNESS WHEREOF, the parties hereto do make and execute this Agreement on the day
and year first above written.
CI:OF B1EM~
~J'.Lu~
R n L. Sullivan
Clerk of Commission
ENGINEER [1iir6J.I2~
By: David J. Crawford
Its: Vice President
ATTEST(\ _-------'
. ' (' \
By:--). Vd~4:-4~
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WEST BEALL STREET
RE-BID FEE
Engineer 16 hr @ $69/hr = $1,104
Drafter 4hr @ $33/hr = $ 132
Clerical 16 hr @ $28.50/hr = $ 456
Expenses $ 100
Total $1,792
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Amendment NO.2 to Professional Services Agreement
West Beall Street Improvements
THIS AGREEMENT is made as of this 21st day of June , 1999,
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 December
15, 1997, herein referred to as Original Agreement, and have proposed Amendment NO.1 for design
services for professional engineering services to improve West Beall Street from the existing
improvements west of North 23rd Avenue to the intersection of North 25th Avenue; and
WHEREAS, the parties desire to further amend the provisions of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED
HEREIN, the parties agree as follows:
1. Section 1.1 of the Original Agreement pertaining to project components shall be amended to
remove reference to Exhibit B, which requires a "full time" resident project representative and
Section 4.5, which requires detailed project documentation. Section 1.1 is amended to read as
follows::
1.1 The detailed description of the specific project components is described as
follows:
Provide topographic site survey, project design, plans and specifications -
contract documents, construction administration, and construction staking,
inspection and testing, in accordance with Sections 4.1, 4.2, 4.3, 4.4, 4.5 and 4.6
of this Agreement and EXHIBIT A.
2. Section 4.4.1.2 shall be amended to remove blue top staking. The section is amended to read as
follows:
4.4.1.2 Provide personnel, equipment and supplies for construction layout and control,
including establishment of line, grade control staking.
3. Delete the following sections: 4.4.1.5 (weekly activity and progress reports); 4.4.2 (Resident
Project Representative) and EXHIBIT B (Resident Project Representative).
4. Section 4.5 shall be amended to remove any reference to progress reports. This section is
amended to read as follows:
ENGINEER shall furnish OWNER with (a) one mylar copy and two paper copies of the
Project Record Drawings (As-Builts), and (b) a project notebook containing such
correspondence and documentation as requested by OWNER.
5. Section 6.2.1. shall be amended to read as follows:
6.2.1 The OWNER shall pay for Construction Phase and Project Documentation Services an
amount not to exceed $10.150 except as provided under 6.2.1.2 and 6.2.4.
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6. Section 7.3 shall be amended to reflect updated direct labor costs, only as follows:
Engineer $25.38/hr
Survey Party Chief $16.21/hr
Surveyor $11.50/hr
Inspector $15.60/hr
The remaining rates in Section 7.3 do not change.
7. EXHIBIT C shall be amended as follows:
Construction Services (Street SID only)
Oriainal Amended
Hours Rate ($/hr) Total I Hours Rate ($/hr) Total
Engineer 28 $69.00 $ 1 ,932.00 24 $73.60 $ 1.766.40
Party Chief 32 $47.00 $ 1,504.00 28 $47.00 $ 1,316.00
Surveyor 32 $33.00 $ 1,056.00 28 $33.35 $ 933.80
Inspector 200 $42.00 $ 8,400.00 90 $45.24 $ 4,071.60
Drafter 6 $33.00 $ 198.00 6 $33.00 $ 198.00
Clerical 40 $28.50 $ 1,140.00 36 $28.50 $ 1,026.00
Exoenses $ 800.00 $ 835.00
Total $15,030.00 $10,146.80
8. Except as specifically amended herein, the Original Agreement of December 15. 1997, and the
provisions in Amendment NO.1 shall remain in full force and effect and the parties shall be bound
by all terms and conditions therein.
IN WITNESS WHEREOF, the parties hereto do make and execute this Agreement on the day
and year first above written.
CITY OF BOZEMAN
~y: j 1 -
~it~
Clerk of Commission
APPROVED AS TO FORM
By: ~ (1~~l:-R
City Attorney I
ENGINEER [br;&), fJu~kfJ
/
By: David J. Crawford
Its: Vice President
ATTEST:
BY~~
,--
Amendment No.3 to Professional Services Agreement
West Beall Street Improvements
THIS AGREEMENT is made as of this "2. 2 day of 1= t b (/'f/ d P' ~ ' 2000,
between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, here' 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 December
15, 1997, herein referred to as Original Agreement for professional engineering services to improve West
Beall Street from the existing improvements west of North 23rd Avenue to the intersection of North 25th
Avenue; and
WHEREAS, the parties modified Section 6.1.1 with Amendment NO.1 on May 17,1999 and have
proposed Amendment No.2 June 4, 1999 clarifying the scope of services; and
WHEREAS, the parties desire to further amend the provisions of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED
HEREIN, the parties agree as follows:
1. Section 6.2.1 of the Original Agreement pertaining to payment for construction phase services is
amended to read as follows:
"6.2.1 The OWNER shall pay for Construction Phase and Project Documentation
Services an amount not to exceed $14.950 except as provided under 6.2.1.2 and 6.2.4.
2. Except as specifically amended herein and with Amendments No. 1 and 2, the Original
Agreement of December 15, 1997, shall remain in full force and effect and the parties shall be
bound by all terms and conditions therein.
IN WITNESS WHEREOF, the parties hereto do make and execute this Agreement on the day
and year first above written.
CI:OZ.Yi:
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Robin L. Sullivan
Clerk of Commission
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City A . ney
ENGINEER Q~.G all)
By: David J. Crawford
Its: Vice President
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By: ~