HomeMy WebLinkAbout06-03-19 City Commission Packet Materials - C14. Amendment 7 to PSA with Robert Peccia for Durston and Cottonwood
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Bob Murray, Project Engineer
Shawn Kohtz, City Engineer
SUBJECT: Durston and Cottonwood Roads Improvements Project – Amendment No.
7 for the Cottonwood Road Construction Phase.
MEETING DATE: June 3rd, 2019
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Approve and authorize City Manager to sign Amendment No. 7 with Robert Peccia and Associates.
BACKGROUND: Attached is a copy of the partially executed Amendment No. 7 with Robert
Peccia and Associates for the Durston and Cottonwood Roads Improvements Project. The
document is in the City’s standard format.
During the completion of the design, there were a number of items that came up that were not included in the original scope. Compensation for those items is included in this amendment.
Additionally, neither the original professional services agreement nor previous amendments
included the bidding or construction phase services. They are also being added by this
amendment. The bidding and construction phases are paid on a time and materials basis, so only
those hours needed to complete the project will be compensated.
UNRESOLVED ISSUES: None
ALTERNATIVES: As suggested by the City Commission
FISCAL EFFECTS: $211,469.00 from the Street Impact Fee and Arterial/Collector Fund.
Attachments: Amendment No. 7
Report compiled on: 5/14/19
151
Amendment No. 7 to Professional Services Agreementfor Durston and Cottonwood Roads Improvements ProjectTHIS AGREEMENT is made as of thisday of_, 2019,between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, hereinreferred to as OWNER and Robert Peccia and Associates. Helena, Montana, 59601, anEngineering Consulting Firm ofBozeman, Montana, herein referred to as ENGESTEER.WHEREAS, the parties have entered into a Professional Services Agreement datedJanuary 5, 2015, herein referred to as Original Agreement for professional engineering services;andWHEREAS, the parties desire to further amend the provisions of this Agreement.NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTSCONTAINED HEREIN, the parties agree as follows:The conditions and provisions set forth in the attached EXHIBIT C (Scope of Services) andEXHIBIT D (Fee Proposal) are hereby incorporated in and made part of this Agreement.ARTICLE 1 - ENGINEERING SERVICES1.1. The detailed description of the specific project components is described as follows:This project amendment is the bidding, construction, and project documentation phase for theCottonwood Road project from Babcock to Durston. The amendment also includes miscellaneousout of scope Design Phase items of work.1.2. The scope of services under this contract is set forth in this agreement and the attached EXHIBITS.4.3 FINAL DESIGN PHASEAfter 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 ofprobable Total Project Costs, prepare for incorporation in the Contract Documents final drawingsand Technical Specifications of sufficient detail to show the general scope, extent and detailedcharacter of the work to be furnished and performed by the Contractor(s) suitable for use in theproject bidding and construction.4.3.2. Advise OWNER of any adjustments to the latest opinion of probable Total Project Costscaused by changes in general scope, extent or character or design requirements of the Project orConstruction Costs. Furnish to OWNER a revised opinion of probable Total Project Costs basedon the Drawings and Specifications.4.3.3. Prepare for review and approval by OWNER, its legal counsel and other advisors, contractagreement forms, general conditions and supplementary conditions, and (where appropriate) bid152
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 editionof the Montana Public Works Standard Specifications (MPWSS) and City of BozemanModifications to MPWSS adopted by the City ofBozeman.4.3.4. Furnish OWNER six copies and an electronic copy of the Contract Documents (includingdesign drawings, specifications and contracts).The Final Phase will be complete and submitted within 30 calendar days following written authorizationfrom OWNER to ENGINEER to proceed with that phase of services.4.4BIDDING OR NEGOTIATING PHASEAfter 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 forconstruction contract(s) and record prospective bidders to whom Bidding Documents have beenissued, receive and process deposits for Bidding Documents and conduct pre-bid conferences.4.4.2. Provide interpretation or clarification to prospective bidders regarding the BiddingDocuments, 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 contractors)(herein call "Contractor(s)") for those portions of the work as to which such acceptability is requiredby the Bidding Documents.4.4.4. Consult with OWNER concerning and determine the acceptability of substitute materialsand equipment proposed by Contractor(s) when substitution prior to the award of contracts isallowed by the Bidding Documents.4.4.5. Attend the Bid opening, prepare bid tabulation, evaluate bids, assess bidders'responsiveness and responsibility and make award recommendation to OWNER.4.4.6 Facilitate contract award, and the execution and distribution of the contract documents forconstruction, materials, equipment and services. Furnish Owner two original signature sets ofexecuted contract documents (including design drawings, specifications and contracts). Furnishcontractor with one set of original signature executed contract documents and up to three sets ofconstruction documents.4.5 CONSTRUCTION PHASEThe responsibilities of the ENGINEER during the Construction Phase are summarized as follows:4.5.1. General Administration of Construction Contract. ENGINEER shall consult with andadvise OWNER and act as OWNER'S representative as provided in EXHIBIT A - ENGINEER'SSTATUS DURING CONSTRUCTION, attached to and made part of this Agreement and maybe further provided under the General Conditions of the contract documents. The extent andlimitations of the authority, duties, and responsibilities of the ENGINEER on the construction job153
site as assigned here-in shall not be modified except as the ENGINEER may otherwise agree inwriting. All of OWNER'S instruction to Contractor(s) will be issued through ENGINEER who willhave authority to act on behalf of OWNER to the extent provided in the General Conditions exceptas otherwise provided in writing.In addition to the services provided under Article 10 (Exhibit A) the ENGINEER shall provide thefollowing services during construction:4.5.1.1 Schedule and conduct a pre-construction conference.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 accomplishhis work.4.5.1.5 Prepare and provide weekly activity and progress reports to the City's TaskDirector.4.5.1.6 ENGINEER shall provide OWNER copies of all correspondence between theENGINEER and Contractor.4.5.1.7 Issue stop and resume work orders, in whole or in part, when work is not or cannotbe performed in accordance with the Contract Documents.4.5.1.8 Review and approve, for conformance with the project technical specifications allshop drawings, and other Contractor submittals required by the Contract Documents.4.5.1.9 During construction review Contractors' construction schedules and evaluateconformance and progress under the Contract time provisions.4.5.1.10 Prepare for OWNER'S approval any plan and specification changes which due toany initial design or engineering deficiencies are required to complete the project originaldesign concept.4.5.1.11 Inspect the project and when appropriate, and after conferring with OWNER,issue a Certificate of Substantial Completion to the Contt-actor.4.5.1.12 Prior to recommending final payment, schedule and conduct with the OWNER afinal project inspection and submit a report to the OWNER documenting any outstandingitems or deficiencies requiring correction prior to final payment. Upon satisfactory projectcompletion ENGINEER shall certify in writing to the OWNER, and any requiredregulatory agencies, that the construction was completed in accordance with the approvedplans and specifications and is performing in accordance with the design concept.4.5.1.13 Twenty-three months after project substantial completion schedule and conductwith the Owner a Two Year Warranty Inspection of the project and advise the owner inwriting whether project deficiencies exist and if the project is perfonning in accordancewith the design concept.154
4.6.4.5.2. Resident Project Representative. ENGINEER shall provide a qualified Resident ProjectRepresentative at the job site to provide observation of the work as provided in EXHIBIT B - ALISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITYOF THE RESIDENT PROJECT REPRESENTATIVE, attached to and made part of thisAgreement.The ENGINEER shall submit to the OWNER, for review and acceptance, the resume of eachResident Project Representative who may be assigned to the job site during the course of the Projectnot less than 10 calendar days prior to the pre-construction meeting. Any subsequent change in theresident representative shall also be subject to the OWNER'S approval.4.5.3 Limitations of Responsibilities. ENGINEER will not be responsible for CONTRACTOR'Smeans, methods, techniques, sequences or procedures of construction, or the safety precautions andprograms incident thereto, and ENGINEER will not be responsible for CONTRACTOR'S failureto perform or furnish the Work in accordance with the Contract Documents; however, nothingcontained in this agreement shall be construed to release ENGINEER from liability for failure toproperly perform duties and responsibilities assumed by ENGINEER in the Contract Documents.PROJECT DOCUMENTATIONENGINEER shall furnish OWNER with (a) one mylar copy, two paper copies, and an electronic copy ofthe Project Record Drawings ("As-Builts"), (b) written monthly progress reports, and (c) a project notebookcontaining such correspondence and documentation as requested by OWNER.4.7. CONSTRUCTION TESTINGThe inspection services shall include verification of contract compliance with job site requirements, plansand specifications. Constmcting testing will be performed by the Owner's Testing Firm.The ENGINEER shall maintain detailed documentation of the following material testing:1) Concrete strength, air content and slump2) Embankment, trench backfill, and gravel and pavement densities3) Aggregate gradations4) Plant mix strength, flow and asphalt contentARTICLE^S - ADDITIONAL SERVICES5.1. If OWNER wishes ENGINEER to perform any of the following Additional Services, OWNERshall so instruct ENGINEER in writing, and ENGINEER shall perform or obtain from others such servicesand 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-waydescriptions.5.1.2. Preparation of applications and supporting documents for governmental agencies inaddition to those required under Basic Services; preparation or review of environmental studies andrelated services; and assistance in obtaining environmental approvals.155
5.1.3. Services resulting from significant changes in the general scope, extent or character of theProject or major changes in documentation previously accepted by OWNER where changes aredue to causes beyond ENGINEER'S control.5.1.4. Providing renderings or models.5.1.5. Preparing documents for alternate bids requested by OWNER for work not executed or forout-of-sequence work.5.1.6. Providing other services not otherwise provided for in the Agreement, including servicesnormally furnished by the OWNER as elsewhere herein described,5.1.7. Furnishing the services of independent professional associates or consultants for other thanBasic 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 circumstancesrequire during construction and without waiting for specific instructions from OWNER, and ENGINEERwill be paid therefor as provided in this Agreement:5.2.1. Services in connection with work directive changes and change orders to reflect thechanges requested by OWNER if the resulting change in compensation for Basic Services is notcommensurate with the additional services rendered.5.2.2. Services in making revisions to Drawings and Specifications occasioned by the OWNER'Sacceptance of substitutions proposed by Contractor(s); services after the award of each contract inevaluating and determining the acceptability of an unreasonable or excessive number ofsubstitutions proposed by Contractor; and evaluating an unreasonable or extensive number ofclaims submitted by Contractors) or others in connection with the work.5.2.3. Services resulting from significant delays, changes or price increases occurring as a directresult of materials, equipment or energy shortages.5.2.4. Additional or extended services during construction made necessary by (1) work damageby fire or other causes during construction, (2) a significant amount of defective or neglected workof any Contractor, (3) acceleration of the progress schedule involving services beyond normalworking hours, (4) default by any Contractor.ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE6.1 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER6.1.1 Payment. The OWNER shall for design phase services performed as Basic EngineeringServices under section 4.3 of this agreement pay a total sum in the amount of$36.179.00 for such services.6.1.2 Payment Schedule. Total cumulative payments for the design phase engineering services(section 4.3) shall not exceed the following ceilings:156
$32,561.00 (90% of design fee) until the Final Plans and Specifications have been submitted to theOWNER and review authorities.6.1.3 General. Engineer shall submit monthly statements for services rendered. The statementsshall be based upon Engineer's estimate of the proportion of the total services actually completedat the time of billing, subject to any limitations on Payments based on completion of tasks orspecific retainage requirements pursuant to the payment provisions of the Agreement.6.1.4 Reimbursable Expenses. Only those expenses specifically identified for payment undersection 6.2 of the original Agreement are reimbursable. All other design related expenses areincluded in the Lump Sum Payment for the Basic services (4.3) and are not separately reimbursable.Additional Services specifically identified under the scope of design services for payment under6.1 are not separately reimbursable.6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OFENGINEER.Construction and project documentation services performed as Basic Engineering Services under sections4.4 through 4.7 including General Administration of Construction Contract, Resident ProjectRepresentation, and Project Documentation shall be compensated in accordance with the following:6.2.1 The OWNER shall pay for Construction Phase and Project Documentation Services anamount not to exceed $175.290.00 except as provided under 6.2.1.2 and 6.2.4.6.2.1.1 Costs Compensation. Compensation for these services shall be based on theENGINEER'S Direct Labor Cost times a factor of 3.047 for services rendered which shallcover Direct Labor, Direct Labor Overhead, General & Administrative Overhead andProfit.6.2.1.2 Notification. At any time during the construction that it becomes apparent that theConstruction Phase and Project Documentation Services rendered under this Agreementwill exceed the negotiated compensation for these services, and prior to performingservices in excess of the contract ceiling, the ENGINEER shall give OWNER writtennotice thereof. Promptly thereafter OWNER and ENGINEER shall review the scope andprogress of the project work. ENGINEER shall obtain written authorization fromOWNER, prior to any additional costs being incurred under paragraph 6.2.1.3. If it isdetermined that due to a change in project scope under paragraph 5.2.1, the ENGINEER isentitled to additional compensation, OWNER and ENGINEER may negotiate terms asprovided under 6.2.1.1. The amount and terms of any additional compensation under6.2.1.1 or 6.2.1.3 shall be negotiated and agreed in writing pursuant to 9.16.6.2.1.3 Costs Exceeding Estimated Compensation. Except as allowed under 5.2.1, whenthe total cost of the original scope Construction Phase and Project Documentation Servicesexceeds the negotiated compensation for these services, the OWNER shall pay only for thedirect costs incurred in excess of the estimated compensation. These costs consist of anamount equal to the ENGINEER'S Direct Labor Cost times a factor of 2.650 for servicesrendered which shall include Direct Labor, the federally audited payroll Direct LaborOverhead, and General & Administrative Overhead costs, but shall not include anyallowance for profit.157
6.2.2. Reimbursable Expenses, as defined in section 7.4 of this Agreement, for Basic Servicesand Approved Additional Services shall be paid to the ENGINEER by the OWNER in the actualamount of the costs incurred up to an amount not to exceed $^9^54^70_which includes $ 0.00 forconsultants employed by the Engineer and $ 29.554.70 for all other reimbursable expenses. Theestimated reimbursable expenses are identified in Exhibit" DII6.2.3. Failed Test Expenses. The ENGINEER shall maintain and provide to the OWNER, arecord of the costs associated with failing quality control tests performed for the OWNER duringthe course of the construction of the project and recommend an amount the OWNER deduct fromthe contractors) payments.6.2.4 The OWNER shall pay an amount for Additional Services rendered by the ENGINEERand approved in writing by the OWNER on the basis of the ENGINEER'S Direct Labor Costs timesa factor of 3.047, or an amount otherwise negotiated at the time such services are requested andapproved by the OWNER.ARTICLE 7 - MEANING OF TERMS7.1AGREEMENTAs used herein the term "this Agreement" refers to the contents of this document and its Exhibits attachedhereto and referred to as if they were part of one and the same document.7.2CONSTRUCTION COSTSThe construction cost of the entire Project (herein referred to as "Construction Cost") means the total costto OWNER of those portions of the entire Project designed and specified by ENGINEER, but it will notinclude ENGINEER'S compensation and expenses, the cost of land, rights-of-way, or compensation for ordamages 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 theProject or the cost of other services to be provided by others to OWNER.7.3DIRECT LABOR COSTSDirect Labor Costs used as a basis for payment mean the actual salaries and wages paid to all ENGINEER'Spersonnel 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 notinclude indirect payroll related costs or fringe benefits. For the puqioses of this Agreement the principalsand employees of the ENGINEER maximum billable Direct Labor Costs are:PrincipalProject ManagerSr. Structural EngineerEnvironmental ManagerConstruction Tech.Staff EngineerCADD TechnicianSurveyorAccountingClerical$60.14/hour$47.16/hour$52^1./hour$47.64/hour$33.00/hour$28.89/hour$29.01/hour$39.95/hour$38.5_l/hour$24.66/hour158
7.4REIMBURSABLE EXPENSESReimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER'S independentprofessional 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 callsand telegrams; reproduction of reports, Drawings, Specifications, Bidding Documents and similar Project-related items; and if authorized in advance by OWNER, overtime work requiring higher than regular rates.In addition, when compensation for Basic Services is on the basis of Direct Labor Costs method of payment,Reimbursable Expenses will also include the amount billed to ENGINEER by special consultants employedby ENGINEER and authorized by OWNER (other than as an authorized Additional Services) and will alsoinclude expenses incurred for computer time and other specialized equipment, including an appropriatecharge for previously established programs and expenses of photographic production techniques.159
Except as specifically amended herein, the original agreement shall remain in full force andeffect 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 dayand year first above written.CITY OF BOZEMAN, MONTANABY:(City Manager)ENGINEERBY:-w_(President)^APPROVED AS TO FORMBy:_(City Attorney)ATTEST:BY:(City Clerk)160
EXHIBIT ATO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICESENGINEER'S STATUS DURING CONSTRUCTIONThis Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on_> between CITY OF BOZEMAN (OWNER) and ROBERT PECCIA AND ASSOCIATES (ENGINEER)providing for professional engineering services.ARTICLE 10 - ENGINEER'S STATUS DURING CONSTRUCTION10.1. OWNER'S REPRESENTATIVEENGINEER will be OWNER'S representative during the construction period. The duties and responsibilities and thelimitations of authority ofENGFNEER as OWNER'S representative during construction are set forth in the ContractDocuments and shall not be extended without written consent of OWNER and ENGINEER.10.2. VISITS TO THE SITEENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe theprogress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance withthe Contract Documents. ENGINEER will not be required to make exhaustive or continuous on-site inspections tocheck the quality or quantity of the Work. ENGINEER'S efforts will be directed toward providing for OWNER'Sgreater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of suchvisits and on-site observations as an experienced and qualified design professional, ENGFNEER will keep OWNERinformed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in theWork.10.3. PROJECT REPRESENTATIONIf OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEERin observing the performance of the Work. The duties, responsibilities and limitations of authority of any suchResident Project Representative and assistants will be as provided in EXHIBIT B, A LISTING OF THE DUTIES.RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECTREPRESENTATIVE.10.4. CLARIFICATIONS AND INTERPRETATIONSENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirementsof the Contract Documents (in the form of Drawings or otherwise) as ENGGSEER may determine necessary, whichshall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTORbelieves that a written clarification or interpretation justifies an increase in the Contract Price or an extension of theContract Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR may make a claimtherefor as provided in the General Provisions of the construction Contract Document.10.5. AUTHORIZED VARIATIONS IN WORKENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which donot involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of theContract Documents. These may be accomplished by a Field Order and will be binding on OWNER, and also onCONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Orderjustifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree asto the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in the General Conditions ofthe Construction Contract.161
10.6. REJECTING DEFECTIVE WORKENGINEER will have authority to disapprove or reject Work which ENGrNEER believes to be defective, and willalso have authority to require special inspection or testing of the Work as provided in the General Provisions of theconstruction Contract Document whether ornot the work is fabricated, installed, or completed.10.7 SHOP DRAWINGS, CHANGE ORDERS AND PAYMENT10.7.1. The ENGINEER'S responsibility for Shop Drawings and samples shall comply with the shop drawingprovisions of the General Provisions of the construction Contract Document10.7.2. The ENGINEER'S responsibilities for Change Orders shall comply with the change order provisions ofthe General Provisions of the construction Contract Document.10.7.3. The ENGINEER'S responsibilities for contractor's Application for Payment shall comply with thepayment provisions of the General Provisions of the construction Contract Document.10.8. DETERMINATIONS FOR UNIT PRICESENGINEER will determine the actual quantities and classifications of Unit Price Work performed byCONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER'S preliminary determinations onsuch matters before rendering a written recommendation thereon (by recommendation of an Application for Paymentor otherwise) to OWNER.10.9. DECISION ON DISPUTES10.9.1. ENGFNEER will be the initial interpreter of the requirements of the Contract Documents and judge of theacceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or theinterpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work andclaims under The General Conditions of the Construction Contract in respect of changes in the Contract Price or ContractTime 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 mattershall be promptly reported and copied to the OWNER.10.9.2. When functioning as interpreter under paragraphs 10.8 and 10.9.1, ENGFNEER will not show partiality to OWNERor CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in suchcapacity. 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 remediesas either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, disputeor other matter.10.10. LIMITATIONS ON ENGINEER'S RESPONSIBILITIES10.10.1. Neither ENGINEER'S authority to act under this Article or elsewhere in the Contract Documents nor any decisionmade by ENGFNEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibilityof ENGINEER to CONTRACTOR, any Sub-contractor, any Supplier, or any other person or organization performing any ofthe 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", "asapproved" or terms of like effect or impon 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 ofENGWEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate theWork for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of anysuch term or adjective shall not be effective to assign to ENGDSTEER any duty or authority to supervise or direct the furnishingor performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 4.5.3.162
EXHIBIT BTO AGREEMENT BETWEEN OWNER ANDENGINEER FOR PROFESSIONAL SERVICESA LISTING OF THE DUTIES, RESPONSIBILITIES ANDLIMITATIONS 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_, between CITY OF BOZEMAN fOWNER) and ROBERT PECCIA AND ASSOCIATES (ENGINEER)providing for professional engineering services.ARTICLE 11 - DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENTPROJECT REPRESENTATIVEENGINEER shall furnish a Resident Project Representative (RPR), assistants and other field staff to assistENGBSEEER 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 bythe RPR and assistants, ENGINEER shall endeavor to provide further protection for OWNER against defects anddeficiencies in the work of CONTRACTOR; but, the furnishing of such services will not make ENGINEERresponsible for or give ENGINEER control over construction means, methods, techniques, sequences or proceduresor for safety precautions or programs, or responsibility for CONTRACTOR'S failure to perform the Work inaccordance with the Contract Documents and in particular the specific limitations set forth in section 4.5 of theAgreement are applicable.The duties and responsibilities of the RPR are limited to those ofENGDSTEER in this agreement and in the constructionContract Documents, and are further limited and described as follows:11.1. GENERALRPR is ENGFNEER's agent at the site, will act as directed by and under the supervision ofENGLNEER, and willconfer with ENGFNEER regarding RPR's actions. RPR's dealings in matters pertaining to the on-site work shall ingeneral be with ENGINEER and CONTRACTOR keeping OWNER advised as necessary. RPR's dealings withsubcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. RPR shall generallycommunicate with OWNER with the knowledge of and under the direction ofENGESTEER.11.2. DUTIES AND RESPONSIBILITIES OF RPR11.2.1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of valuesprepared by CONTRACTOR and consult with ENGINEER concerning acceptability.11.2.2. Conferences and Meetings: Attend meetings with CONTRACTOR, such as preconstructionconferences, progress meetings, job conferences and the project-related meetings, and prepare and circulate copiesof minutes thereof.11.2.3. Liaison:11.2.3.1.Serve as ENGINEER'S liaison with CONTRACTOR, working principally throughCONTRACTOR'S superintendent and assist in understanding the intent of the Contract Documents; and assistENGINEER in serving as OWNER'S liaison with CONTRACTOR.163
11.2.3.2. Assist in obtaining from OWNER additional details or information, when required for properexecution 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 notifyENGINEER of availability of samples for examination.11.2.4.3. Advise ENGINEER and CONTRACTOR of the commencement of any Workrequiring Shop Drawing or sample if the submittal has not been approved byENGINEER.11.2.5. Review of Work. Rejection of Defective Work. Inspections and Tests:11.2.5.1.conduct on-site observations of the Work in progress to assist ENGINEER in determiningif 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 ordefective or does not conform to the Contract Documents, or has been damaged, or does not meetthe requirements of any inspection, test or approval required to be made; and advise ENGINEER ofWork that RPR believes should be corrected or rejected or should be uncovered for observation, orrequires special testing, inspection or approval.11.2.5.3. Verify that tests, equipment and systems startup and operating and maintenance trainingare conducted in the presence of appropriate personnel, and the CONTRACTOR maintains adequaterecords thereof; and observe, record and report to ENGINEER appropriate details relative to the testprocedures and startup.11.2.5.4.Accompany visiting inspectors representing public or other agencies having jurisdictionover the Project, record the results of these inspections and report to ENGINEER.11.2.6. Interpretation of Contract Documents: Report to ENGINEER when clarifications andinterpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications andinterpretations as issued by ENGINEER.11.2.7. Modifications: Consider and evaluate CONTRACTOR'S suggestions for modifications in Drawingsor Specifications and report with RPR's recommendations to ENGINEER. Transmit to CONTRACTORdecisions as issued by ENGBSJEER.11.2.8.11.2.8.1. Maintain at the job site orderly files for correspondence, reports ofjob conferences, ShopDrawings and samples, reproductions of original Contract Documents including all Work DirectiveChanges, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to theexecution of the Contract, ENGINEER'S clarifications and interpretations of the ContractDocuments, 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 jobsite, weather conditions, prime and subcontractor daily work force, daily log of equipment onsite or onstandby, 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 inmore detail as in the case of observing test procedures; and send copies to ENGDSTEER.164
11.3.11.2.8.3.Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors andmajor suppliers of materials and equipment.11.2.9. Reports:11.2.9.1. Furnish ENGBSTEER periodic reports as required of progress of the Work and ofCONTRACTOR'S compliance with the progress schedule and schedule of Shop Drawing and samplesubmittals.11.2.9.2. Consult with ENGINEER in advance of scheduled major tests, inspections or start of importantphases of the Work.11.2.9.3.Draft proposed Change Orders and Work Directive Changes, obtaining backup material fromCONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes, and FieldOrders.11.2.9.4. Report immediately to ENGDsIEER and OWNER upon the occurrence of any accident.11.2.10. Payment Requests: Review applications for payment with CONTRACTOR for compliance with theestablished procedure for their submission and forward with recommendations to ENGGSTEER, noting particularlythe relationship of the payment requested to the schedule of values, Work completed and materials and equipmentdelivered 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 areapplicable to the items actually installed and in accordance with the Contract Documents, and have this materialdelivered to ENGD'JEER 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 ENGBSTEER a list of observed items requiringcompletion or correction before ENGESTEER 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 ontheir status, and make recommendation to Engineer regarding issuance of a Certificate of Substantialcompletion.11.2.12.3. Conduct final inspection in the company ofENGWEER, OWNER, and CONTRACTORand 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 makerecommendations to ENGGSTEER concerning final acceptance.LIMITATIONS OF AUTHORITYResident Project Representative:11.3.1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment,unless authorized by ENGINEER.11.3.2. Shall not exceed limitations of ENGINEER'S authority as set forth in the Agreement or the ContractDocuments.11.3.3. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or CONTRACTOR'Ssuperintendent.165
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 theContract Documents.11.3.5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs inconnection 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 asspecifically authorized by ENGDslEER.166
Durston and Cottonwood Road ImprovementsProjectScope of Services, April 2019EXHIBIT CDURSTON AND COTTONWOOD ROAD IMPROVEMENTS PROJECTAmendment ff7• TASK 1 & 2 - OUT OF SCOPE DESIGN PHASE ITEMS (LUMP SUM)• TASK 2 - BID TO AWARD PHASE (TIME & MATERIALS)• TASK 3 - CONSTRUCTION PHASE (TIME & MATERIALS)• TASK 4 - POST-CONSTRUCTION PHASE (TIME & MATERIALS)This contract amendment includes additional services to complete two projects, the section of CottonwoodRoad from Babcock Street to Durston Road, and the section of Durston Road from Flanders Mill Road toFowler Avenue. The scope of work for Amendment #7 includes services for out of scope design phaseitems, advertising and bidding, construction administration and inspection, and post-construction services.TASK 1 - COTTONWOOD ROAD OUT OF SCOPE DESIGN PHASE ITEMSManagementThis activity includes preparation of the scope of services, cost estimate, and contracting documents withthe city and two subconsultants. Also included in this activity is invoicing.Foundation DesignThis work is the structural calculations and design for three different sized new standard signal polefoundations at the Babcock/Cottonwood intersection, for the resetting of three existing signal poles withrotatable bases on new foundations at the Durston/Cottonwood intersection, and for two different heightstreet light pole foundations. This task also includes drafting the foundation designs into the Drawings.Irriaatio^n WellThis work is for investigating local well logs, adding a new irrigation well to the Drawings, developing aspecial provision for the work, and including this work as an Alternate Bid #2 in the Contract Documents.PotholinaThis work is the potholing of utility conflicts along Cottonwood Road and Durston Road. The potholing wassubcontracted to Rocky Mountain Contractors. This task also included RPA to stake the location of thepotholes for RMC, RPA to provide an on-site engineer during potholing when necessary, and RPA to updateboth sets of Drawings with the utility depths. Re-design of the storm drain facilities for the gas conflicts onCottonwood Road was not included in this amendment and is assumed part of the original design scope.DEQ DeviationThis work is preparing a deviation to MDEQ for the sanitary sewer permitting, including the $200 check toMDEQ paid by RPA. The original contract assumed a standard MDEQ submittal without a deviation request.Babcock Street WideningThis work is extending the widening of Babcock Street for the Icon Apartment project by Morrison Maierle.RPA added the following to the Drawings: curb profile, driveway detail, signing, striping, two street lights,cross sections, and quantities. RPA also coordinated with Morrison Maierle to match the two plan sets.Robert Peccia and AssociatesPage 1 of 5Exhibit C167
Durston and Cottonwood Road ImprovementsProjectScope of Services, April 2019TASK 2 - DURSTON ROAD OUT OF SCOPE DESIGN PHASE ITEMSHydraulic Analysis and Culvert ReplacementThis activity includes hydraulic analysis of the existing undersized storm drain and culvert system on thesouth side of Durston Road from Flathead Avenue to Sheridan Avenue, by Allied Engineering. As a resultof this study, RPA revised the Drawings, bid documents, and 404 permit application for the replacement ofthe existing under-sized culvert at the West Gallatin Canal. The team also performed field work to ensurethe culvert and manhole replacement will tie to the existing four lateral pipes.TASK 3 - BID TO AWARD PHASEThis task is the bid to award phase. This includes preparing the Contract Documents, bidding the project,awarding the project to the lowest responsible bidder, and completing the executed contract documents.ManagementThis activity includes preparing one invoice with a project status update.Print & Assemble Contract DocumentsRPA will print and produce 12 paper sets and a .PDF set of the Drawings and Contract Documents. The.PDF set will be posted on RPA's website for viewing by potential bidders. The City will receive two papersets of the Contract Documents. RPA will receive two paper sets of the Contract Documents. Four papersets will be retained to give to the successful low bidder. The remaining paper sets will be available forpotential bidders to purchase, if they do not wish to print their own sets from RPA's website.Answer Contractor QuestionsRPA will coordinate with the potential bidders, answer questions about the project, and supply electronicfiles if requested.Pre-Bid ConferenceRPA will conduct a Pre-Bid Conference for the project, take meeting notes and answer any technicalquestions. RPA will send the City a copy of the Pre-Bid Conference Sign-ln Sheet, the Pre-Bid ConferenceAgenda, and the conference meeting notes.Planholder's ListRPA will distribute the Contract Documents to those Contractors who request them and ensure theContractors supplied the proper deposit. RPA will maintain a Planholder's List which identifies allContractors which have received the Contract Documents.Issuing AddendaIf necessary, addenda will be issued to make clarifications or changes in the Contract Documents prior tothe bid opening. All written addenda issued will become part of the Contract Documents and a copy of theaddenda shall be sent to everyone on the Planholder's List.Bid OpeningThe City Clerk will run the Bid Opening, and RPA will attend. RPA will review all bids received for bidirregularities. If irregularities are discovered in the low bidder's package, RPA shall notify the City.Robert Peccia and AssociatesPage 2 of 5Exhibit C168
Durston and Cottonwood Road ImprovementsProjectScope ofSen/ices, April 2019Bid TabulationsRPA shall return from the Bid Opening with the Official Bid Proposals to prepare the bid tabulations. RPAis responsible for transferring the unit bid prices and total bid prices shown in the Contractor's bid to the BidTabulation. Any math errors in the Contractor's bid will be noted and the correct figure shown.Award RecommendationAfter the Bid Tabulations have been prepared and approved, RPA shall write a Recommendation of Awardletter to the City with a copy of the Bid Tabulations attached. The Recommendation of Award shall be basedon the lowest responsive bid, the absence of any bid irregularities (or in accordance with an Attorney'sopinion in the case of bid irregularities), and the ability of the Contractor to perform the work. If theContractor's qualifications are not known, a Pre-Award Conference may be required prior to theRecommendation of Award.The intent of a Pre-Award Conference is to determine if the Contractor is qualified to perform the workwithin the allotted time. If after the Pre-Award Conference it appears the Contractor is qualified to completethe project, RPA shall recommend award to the Contractor. If the Contractor does not appear to bequalified, RPA shall recommend to the City the Contractor's bid be disqualified and the next lowest bidderbe considered, or that all bids be rejected and the project be re-bid, whichever the City Attorney believesto be appropriate. RPA does not have the authority to make these decisions for the City.Notice of Award and Executed Contract DocumentsOnce a Contractor has been approved by the City, RPA shall complete and transmit five copies of a Noticeof Award to the City for their signature. The City shall be asked to sign the Notices and return to RPA totransmit to the Contractor for their signature. After the Contractor signs the Notice of Award, RPA shalltransmit five copies of the Agreement Between City and Contractor to the Contractor. The Contractor willsign and return all copies, along with the required Performance and Payment Bonds, Certificates ofInsurance, and Power of Attorney. This set of documents is the Contract Documents.Upon receipt of the Contract Documents from the Contractor, RPA shall review the Agreement,Performance Bond, Payment Bond, Certificates of Insurance, Power of Attorney, and Workers'Compensation Certificate for conformance with the project requirements. RPA will bind the ContractDocuments, along with copies of the Bid Proposal, Bid Bond and Bid Tabulations, and send the five sets tothe City for review and signatures. Once executed by the City, this is the Executed Contract Documents.TASK 4 - CONSTRUCTION PHASEThis task is providing construction management and inspection during the construction of the project.ManagementThis activity includes preparing one invoice with a project status update per month, for a six-month duration.Preconstructjon ConferenceRPA shall schedule a Preconstruction Conference with the City, Contractor, subcontractors, and any otherapplicable representatives and governmental agencies. RPA shall conduct the meeting and preparemeeting minutes.Submittat Review ProcessRPA is responsible for ensuring the submittals received from the Contractor are reviewed and returnedwithin the allowed time frame. A Submittal Log will provide a permanent record of when submittals werereceived, when submittals were returned, and what actions are required of the Contractor. Each individualRobert Peccia and AssociatesPage 3 of 5Exhibit C169
Durston and Cottonwood Road ImprovementsProjectScope ofSen/ices, April 2019submittal received from the Contractor shall be reviewed and recorded on a Submittal Review Form. Thisform will be returned to the Contractor with additional comments if necessary.Construction Administration and Observation (190 Calendar Days)RPA will assign a Resident Project Representative (RPR) to act as the construction observer and projectadministrator for the project. Duties include field checks of materials and equipment, documentation,overseeing required testing, reporting deficient work, verifying all testing, maintaining all files and log books,and conducting inspections.This Representative will be on-site eight (8) hours per day during construction activities and will observethe Contractor's performance in comparison to the Drawings and Contract Documents. The RPR will bebudgeted to be on-site 40 hours/week. Additionally, other members of RPA's team will periodically beneeded to assist during construction either in the office or on-site.The estimated construction period is 190 calendar days (approximately 135 working days). Should theContractor decide to do work requiring observation on weekends or beyond the scheduled projectcompletion date, if approved in advance by the City, RPA will bill the City for reimbursed engineering feesto compensate for the additional time. Additionally, if the scope of work changes significantly enough towarrant an extension of time for the Contractor, RPA will be compensated for additional time and expensesas well by the City.No quality control testing of material is included in this agreement. Such independent testing laboratorywork will be through the Owner's Testing Firm, with the laboratory test results being submittedsimultaneously to the Contractor and RPA for review.Pay RequestsThe Contractor shall request partial payments every 30-days. RPA is responsible for certifying each payrequest.Change OrdersAny changes in the original Contract Documents shall be handled through the issuance of a Change Order.RPA shall notify the City of the potential Change Order prior to negotiating the change with the Contractorto obtain the City's approval. A detailed cost breakdown must be provided by the Contractor so RPA mayreview it for reasonableness.RPA is responsible for executing the Change Order and providing it to the Contractor for their acceptancesignature. RPA shall transmit a signed copy to the City for their review, approval and signature. RPA shalltransmit a signed copy of the Change Order to the Contractor which will serve as their notice to proceedwith the changes.Project Punchlist &^Certificate of CompletionAfter the Contractor has submitted the Contractor's Certificate of Completion, it shall be RPA's responsibilityto perform a thorough review of the project and prepare and issue the Contractor a Project Punchlist. ThePunchlist should detail the remaining work items and site cleanup the Contractor must complete prior to theFinal Project Inspection. The Punchlist should be signed by RPA and copies should be given to theContractor and the City. The Contractor's satisfactory completion of the Punchlist items does not constitutefinal acceptance of the project.Robert Peccia and AssociatesPage 4 of 5Exhibit C170
Durston and Cottonwood Road ImprovementsProjectScope of Services, April 2019Final Project InspectionThe City, the Contractor, and RPA shall visit the project site for a Final Project Inspection. A walk-throughinspection shall be conducted for the City to comment on the quality of the finished project, to point outwork items or cleanup which require additional work, or accept the project as complete.If the City requires the Contractor to perform additional work, RPA shall document the work items in a FinalProject Punchlist. Copies of this Final Project Punchlist shall be transmitted to the Contractor and the City.If the City determines that the project is substantially complete, then RPA shall prepare and obtain thenecessary signatures on the Certificate of Substantial Completion. The date of "substantial completions"triggers the end of contract time and the start of the warranty period.TASK 5 - POST-CONSTRUCTION PHASEThis task is providing construction management and administration after the Contractor has completed theconstruction of the project and substantial completion has been granted.ManagementThis activity includes preparing one invoice with a project status update.Final Punchlist ReviewRPA shall make a final inspection, when notified by the Contractor, that they have completed all items onthe Final Punchlist.Contractor's Final Pay RequestPrior to processing the Final Pay Request, RPA shall require the Contractor to submit an Affidavit on Behalfof Contractor form and Consent of Surety Company to Final Payment form. These forms are theContractor's guarantee that all bills for materials, supplies & labor have been paid in full and that noadditional claims will be made against the City as a result of the Contractor's actions and that the finalpayment shall not relieve the Surety Company of its obligations.Record DrawingsRPA is responsible for producing the Record Drawings at the conclusion of the Project. RPA and theContractor shall maintain a set of record construction plans during the course of construction, noting alldesign changes and underground utilities. All sets of drawings shall be presented to RPA in a neat andunderstandable condition for final revisions. RPA shall carefully review the changes made for accuracy andcompleteness. The record drawings will be drafted and delivered to the City. The submittal will includeelectronic PDF's, AutoCAD files, two full-size paper copies, and one mylar set of the record drawings.Warranty InspectionRPA will schedule and attend a Warranty Inspection. The primary objective of the inspection is to test allthe facilities and materials for proper functioning prior to the expiration of the Contractor's warranty.Robert Peccia and AssociatesPage 5 of 5Exhibit C171
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S/s.ALLIEDENGMEEmNQ, we.32 Discovery DriveBozeman, MT 59718406-582-0221Robert Peccia & Associates3810 Valley Commons Drive, Suite 4Bozeman, MT 59718For professional services rendered through April 13, 2019.Invoice numberDate2668504/19/2019Project 15-017.04 Durston_Mineral_To_FowlerDescriptionContractAmountPercentCompletePriorBilledTotalBilledCurrentBilledStormwater Design11,965.00100.0011,965.0011,965.000.00Total11,965.00100.0011,965.0011,965.000.00Extra Work - Culvert AnalysisProfessional FeesKyle I. ThompsonFieldPaul J. SanfordMeetingsGeneralRory S. RomeyDesignDate04/02/201903/25/201903/26/201903/27/201902/07/201904/01/2019Subtotal02/05/201902/07/201903/18/201903/19/201903/23/201903/24/201903/25/201903/26/201903/27/201904/01/201904/02/2019Hours3.501.500.501.500.751.005.250.752.252.000.501.751.501.752.252.501.501.00Rate100.00145.00145.00145.00145.00145.00100.00100.00100.00100.00100.00100.00100.00100.00100.00100.00100.00BilledAmount350.00217.5072.50217.50108.75145.00761.2575.00225.00200.0050.00175.00150.00175.00225.00250.00150.00100.00Robert Peccia & AssociatesInvoice number 26685Page 1 of 2Invoice date 04/19/2019176
Robert Peccia & AssociatesProject 15-017.04 Durston_Mineral_To_FowlerInvoice numberDate2668504/19/2019Extra Work - Culvert AnalysisProfessional FeesDateAging SummaryInvoice NumberHoursRateBilledAmountSubtotal 17.75Professional Fees subtotal 26.50Phase subtotal1,775.002,886.252,886.25Invoice total2,886.25Invoice Date OutstandingCurrentOver 30Over 60Over 90Over 120266492668504/02/201904/19/2019Total7,781.252,886.257,781.252,886.2510,667.5010,667.500.000.000.000.00Contact Person/Project Mgr:Paul J. SanfordTERMS: Net 30 Days, Finance Charges will be applied on default of payment outside of these terms.Robert Peccia & AssociatesInvoice number 26685Page 2 of 2Invoice date 04/19/2019177
Rocky Mountain ContractorsP.O. Box 8688Kalispell,MT 59904.1688406 752-4277ROCKY, MOUNTAINCONTRACTORS, INC.Invoice 52796Bill to:ROBERT PECCIA AND ASSOCIATESATTN STACI VENNER3147 SADDLE DRHELENA.MT 59601Job: 212437POTHOLING UTILITIESCOFTONWOOD AND DURSTONBOZEMAN,MTInvoice #: 52796 Date:Payment Terms: DUE UPON RECEIPTCustomer Code: ROBPEC04/22/19Customer P.O. #;Salesperson:Remarks:24.500 2 MAN VAC CREW HRLY236.140 MATERIALS & DISPOSAL FEESHREA170.001.004,165.00236.14Subtotal:Total:4,401.144,401.14Print Date: 04/22/19Page: 1178
•^ROCKYMOUNTAINCONTRACTORS. INC.Quote_Date 3ff 7/19P.O. Box 8688, Kallspell, MT 59904I Am Safety!TownJob NarnaJob LocationSol CondiltonBozemanCottonwood Pothole*Cottormood Rd BozemanProposal SubmiUed ToRobert Pecda and Assooate* Attn. Stad ViPhone! Street3147 Saddle Ome|Cjty, State, ZipIHelena.MT 59601DescripttonquantityPnceaacfiPrice2 Man Vac Crew HRtYBjlted per HR_24,5017000$ 4,165.00Maten'als and Disposal fees will be cost plus 15% mark up.23S.141.00i.23614Any traffic control needed win be cost plus 15% mark up,0.001.00$_i.s_>-$_*.$s_»A,1-ss_f_t^tMlacellaneoua:Customer Responsible for all permits unless slated othemise.$^RMC will provide Customer with iteroii'ed bore lan.In extreme conditions RMC will make three attempts, if RMC has not yet beensuccessful and customer would Ike us to continue, an additional daily rate will be chargedfor crew and equipment of $3,500.00 per day (aboyg and beyond the footage obtained*_t_$if successful) until either the bore is completed or we are instructed to pull off by customer.ss^$.»_ss^1.$^1-^We Propose hereby to furnish services - Complate In accordance with above specifications, for Ihe sum of:$ 4.401.14Paymenl Terms: Net 10IAB worii is guaranteed to be as specified. All work to be completed in a inrkmantke manner acconjing tostandard practrees. Any alteration or deviatkm from above specifications invotvir^ extra oosls will beexecuted only upon wntten orders. and wll tKComa an extra chargs over and above the esljmate.I AuthorizedI Signature.^k)le: This proposal may withdTawn by us it not accepted within 30 days.Acceptance of Proposat - The abova prices, specificattons, and corKfitions are satisfactory and are herebyaccepted. You are authorized to do work as spedfied. Payment wiK be mada as oultined above.Dale of AcceptanceSignatureSignature.179