HomeMy WebLinkAbout19- Professional Services Agreement - Van Deusen & Associates, Inc. (VDA) - Vertical Transportation Consultation Services d
C~ 'L
co
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this Ktday of July, 2019, by and between
the CITY OF BOZEMAN, MONTANA, a municipal corporation organized and existing under the
laws of the State of Montana, 121 North Rouse Street,Bozeman,Montana 59771,hereinafter referred
to as"City,"and,VDA,Van Deusen&Associates, Inc.,C3 WorkLounge, 945 Wyoming Street, Suite
150. Missoula, MT 59801, hereinafter referred to as "Contractor."
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Attachment "A" and by this reference
made a part hereof.
2. Term/Effective Date: This Agreement is effective upon the date of its execution and
will terminate on the 30th day of June, 2020 unless earlier terminated as provided herein.
3. Scope of Work: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services (the frequency and work schedule). For
conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise,
the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services
for each location where services are provided. Any alteration or deviation from the described services
that involves additional costs above the Agreement amount will be performed by Contractor after
written request by the City, and will become an additional charge over and above the amount listed
in the Scope of Services. The City must agree in writing upon any additional charges.
5. Contractor's Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
Professional Services Agreement for Vertical Transportation Consultation Services
FY20
Page 1 of 11
i
and regulations that in any manner may affect cost,progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform said services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City's
personnel policies handbook and may not be considered a City employee for workers' compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers' Compensation Act,
Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter 71,
MCA. Contractor shall maintain workers' compensation coverage for all members and employees of
Contractor's business, except for those members who are exempted by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers' compensation coverage by an insurer licensed and authorized to provide workers'
compensation insurance in the State of Montana; or (2) proof of exemption from workers'
compensation granted by law for independent contractors.
Contractor shall comply with all applicable State of Montana wage and hours laws.
In performing the services under this Agreement, Contractor shall give preference to the
employment of bona fide residents of Montana, as required by §18-2-403, MCA, and as such, term is
defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers
both skilled in their trade and specialized in their field of work for all work to which they are assigned.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
Professional Services Agreement for Vertical Transportation Consultation Services
FY20
Page 2 of 11
steps Contractor shall take to services shall be left to the discretion of Contractor; provided,however,
that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate
relief to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7. Indemnityaaiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney's fees and the costs and fees of and expert witness and consultants),
losses, expenses, liabilities or damages of whatever kind or nature connected therewith and the
negligence of any parry or parties that may be asserted against,recovered from or suffered by the City
occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent,
reckless, or intentional misconduct of the Contractor; (ii) any negligent, reckless, or intentional
misconduct of any of the Contractor's subcontractors or for any on whose acts Contractor may be
responsible.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees,to the extent caused by the negligence or willful
misconduct of the Contractor or Contractor's subcontractors or employees.
Such obligations shall not be construed to negate, abridge,or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s)
which would otherwise exist as to such indemnitee(s).
Contractor's indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should any indemnitee described herein be required to bring an action against the Contractor
to assert its right to defense or indemnification under this Agreement or under the Contractor's
applicable insurance policies required below the indemnitee shall be entitled to recover reasonable
costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court
Professional Services Agreement for Vertical Transportation Consultation Services
FY20
Page 3 of 11
of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was
obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof.
In the event of an action filed against City resulting entirely from the City's performance under
this Agreement, the City will represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City or its officers, agents
or employees, including the right of contribution for loss or damage to person or property arising
from, growing out of, or in any way connected with or incident to the performance of this Agreement
except "responsibility for his own fraud, for willful injury to the person or property of another, or for
violation of law, whether willful or negligent" as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor's expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in subsection (a) of this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City and Contractor
shall furnish to the City an accompanying certificate of insurance and accompanying endorsements
in amounts not less than as follows:
• Workers' Compensation— statutory;
• Employers' Liability- $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate; and
• Automobile Liability- $1,000,000 property damage/bodily injury; $2,000,000 annual
aggregate
The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional
or named insured on a primary non-contributory basis on both the Commercial General and
Automobile Liability policies. The insurance and required endorsements must be in a form suitable
to City and shall include no less than a sixty(60) day notice of cancellation or non-renewal. The City
Professional Services Agreement for Vertical Transportation Consultation Services
FY20
Page 4 of 11
must approve all insurance coverage and endorsements prior to the Contractor commencing work.
Contractor shall notify City within two (2) business days of Contractor's receipt of notice that any
required insurance coverage will be terminated or Contractor's decision to terminate any required
insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
S. Termination for Contractor's Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor's right to proceed with all or any part of the work ("Termination Notice Due
to Contractor's Fault"). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
C. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City's Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease work on the Construction Project, City may terminate
this Agreement by written notice to Contractor ("Notice of Termination for City's
Convenience"). The termination shall be effective in the manner specified in the Notice of
Termination for City's Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City's Convenience, unless
Professional Services Agreement for Vertical Transportation Consultation Services
FY20
Page 5 of 11
otherwise directed in the Notice, the Contractor shall immediately cease work on the
Construction Project, discontinue placing orders for materials, supplies, and equipment for the
Construction Project, and make every reasonable effort to cancel all existing orders or
contracts upon terms satisfactory to the City. Contractor shall do only such work as may be
necessary to preserve,protect, and maintain work already completed, in progress, or in transit
to the construction site.
C. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered and materials actually
purchased or which Contractor has made obligations to purchase on or before the receipt of
the Notice of Termination for City's Convenience, and reasonably incurred costs for
demobilization of Contractor's and any subcontractor's crews. It is agreed that any materials
that City is obligated to purchase from Contractor will remain the City's sole property.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor's DamajZes; Time for Assertin,2 Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor's damages shall be limited to contract damages. The Parties hereby expressly
waive any right to claim or recover consequential, special,punitive, lost business opportunity,
lost productivity, field office overhead, general conditions costs, or lost profits damages of
any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within ten (10) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives:
a. City's Representative: The City's Representative for the purpose of this
Professional Services Agreement for Vertical Transportation Consultation Services
FY20
Page 6 of 11
Agreement shall be Mike Gray (Facilities Superintendent) or such other individual as City
shall designate in writing. Whenever approval or authorization from or communication or
submission to City is required by this Agreement, such communication or submission shall be
directed to Mike Gray as the City's Representative and approvals or authorizations shall be
issued only by such Representative; provided, however, that in exigent circumstances when
City's Representative is not available, Contractor may direct its communication or submission
to other designated City personnel or agents as listed above and may receive approvals or
authorization from such persons.
b. Contractor's Representative: The Contractor's Representative for the
purpose of this Agreement shall be R. Dane Carollo or such other individual as Contractor
shall designate in writing. Whenever direction to or communication with Contractor is
required by this Agreement, such direction or communication shall be directed to Contractor's
Representative; provided, however, that in exigent circumstances when Contractor's
Representative is not available, City may direct its direction or communication to other
designated Contractor personnel or agents.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances,rules, and regulations, obtain all necessary permits,licenses,including a City of Bozeman
business license, and inspections from applicable governmental authorities, pay all fees and charges
in connection therewith, and perform all surveys and locations necessary for the timely completion
of the Construction Project.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers'
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination: The Contractor will have a policy to provide equal employment
opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations,
and contracts. The Contractor will not refuse employment to a person,bar a person from employment,
or discriminate against a person in compensation or in a term, condition, or privilege of employment
because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual
or perceived sexual orientation, gender identity, physical or mental disability, except when the
reasonable demands of the position require an age, physical or mental disability, marital status or sex
Professional Services Agreement for Vertical Transportation Consultation Services
FY20
Page 7 of 11
distinction. The Contractor 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. The
Contractor shall require these nondiscrimination terms of its sub-Contractors providing services under
this agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement. Contractor
acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S.
Department of Transportation (DOT)regulations governing anti-drug and alcohol misuse prevention
plans and related testing. City shall have the right to request proof of such compliance and Contractor
shall be obligated to furnish such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees and
agents in proper and specified work methods and procedures. The Contractor shall provide continuous
inspection and supervision of the work performed. The Contractor is responsible for instructing his
employees and agents in safe work practices.
16. Modification and Assignability: This document contains the entire agreement
between the parties and no statements, promises or inducements made by either party or agents of
either party, which are not contained in this written Agreement, may be considered valid or binding.
This Agreement may not be enlarged,modified or altered except by written agreement signed by both
parties hereto. The Contractor may not subcontract or assign Contractor's rights, including the right
to compensation or duties arising hereunder, without the prior written consent of City. Any
subcontractor or assignee will be bound by all of the terms and conditions of this Agreement.
17. Rep orts/AccountabilityTublic Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor's compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party any default or breach by the other party of any
terms or conditions of this Agreement does not limit the other party's right to enforce such term or
Professional Services Agreement for Vertical Transportation Consultation Services
FY20
Page 8 of 11
conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney's Fees and Costs: That in the event it becomes necessary for either Party of
this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement 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.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties,the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor's indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana and the parties expressly agree that venue will be in Gallatin County,
Montana, and no other venue.
Professional Services Agreement for Vertical Transportation Consultation Services
FY20
Page 9 of 11
26. Bindinz Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained therein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Extensions: This Agreement may,upon mutual agreement,be extended for a period
of one year by written agreement of the Parties.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and year
first above written.
CITY OF BOZEMAN, MONTANA VDA,Van Deusen &Associates, Inc.
CONTRACTOR(Type Name Above)
By By
Andrea Surratt, City Manager
Print Name: M. Wade Smii-h
Print Title: CEQ
(012$1201q
APPROVED AS TO FORM:
Professional Services Agreement for Vertical Transportation Consultation Services
FY20
Page 10 of 11
By
Bo man City Attorney
I c*cv- �►�b� J AL'�l O
Professional Services Agreement for Vertical Transportation Consultation Services
FY20
Page 11 of 11
Vertical
Transportation
Systems
Consultants
V A +1(:4+06) 5 6 3545
Fax r(856)354-8573
E-mail:contact@vdassoc.com
Van Deusen&Associates,Inc. C3 WorkLounge,945 Wyoming Street,Suite i5o•Missoula,MT 598or
June 17,2019
VIA EMAIL:
mgtay@bozeman.net
Mr.Michael Gray
Facilities Superintendent
City of Bozeman
20 East Olive Street
Bozeman,Montana 59715
Re: City of Bozeman Facilities,20 East Olive Street,Bozeman,MT
Vertical Transportation Consultation
Dear Mr.Gray:
Based on our conversation,VDA®(Van Deusen&Associates,Inc.)proposes the following Scope of Work:
I. SCOPE OF WORK
A. Provide vertical transportation consulting services for the modernization of one (1)
hydraulic passenger elevator at the referenced location, as outlined in Section III below.
II. SERVICES TO BE PERFORMED
PHASE 1—DOCUMENT PREPARATION
A. Survey the existing equipment and/or physical conditions as required to prepare documents
for:
1. Upgrading/modernization of systems and maintenance services
B. Based upon data gathered and Client instructions, develop specifications which focus on
long-term dependability, improved performance and increased traffic handling efficiency.
Specifications shall also give particular attention to any code-related issues including
related building work requirements. The specifications will incorporate a basic cab interior
remodeling design or cab allowance. Draft specifications shall be reviewed and approved
by the Client prior to issuance.
C. In a separate section of the project specifications,provide detailed terms and conditions
governing the manner in which all work must be performed. Included in this section,along
with warranty information, insurance requirements, and applicable code listing, shall be
procedures for:
1. Material handling and storage
Headquarters:East Hanover,NJ
Albuquerque,NM•Atlanta,GA•Baltimore,MD/Washington,DC•Boston,MA•Charlotte,NC•Chicago,IL•Dallas,TX•Denver,CO•Des Moines,IA
Houston,TX•Indianapolis,IN•Kauai,HI•Los Angeles,CA•Miami,FL•Milwaukee,WI•Minneapolis,MN•Missoula,MT•Myrtle Beach,SC
New Smyrna Beach,FL•NewYork,NY•Orlando,FL•Philadelphia,PA•Phoenix,AZ•Salt Lake City,UT•San Diego,CA•San Francisco,CA•St.Louis,MO
City ofBozeman Facilities Office Building 2
Bozeman,MT
6/17/19
2. Disposal of old equipment
3. Erecting barricades/property protection
4. Obtaining approval of submittal drawings
5. Submitting progress payment requests
6. Obtaining permits and/or approvals
7. Conducting code and acceptance inspections
8. Resolving disputes over interpretation of the specifications
9. Guaranteeing materials and workmanship
10. Turing over wiring diagrams,instruction manuals and diagnostic tools
11. Training personnel on new control safety features
12. Obtaining final acceptance of completed work
13. Project execution requirements/personnel
D. Provide a form of agreement and specifications for Full Protective Vertical Transportation
Maintenance Services. This agreement shall be written to require the contractor to:
1. Provide a comprehensive scope of preventive maintenance services
2. Work a minimum number of hours each month dedicated solely to routine
maintenance
3. Respond to callback service requests within a specified time
4. Provide a monthly summary of equipment malfunctions and callbacks
5. Conduct periodic inspections and testing as required by code/local laws
6. Maintain specific levels of operational performance
7. Periodically re-paint machinery and storage parts
8. Provide insurance requirements,price adjustments,cancellations and renewals
E. Provide new or revised budget estimates as required.
City of Bozeman Facilities Office Building 3
Bozeman,MT
6/17/19
F. Assist in identifying contractors with the expertise and logistical support necessary to
successfully complete the specified work.
G. Issue the following bid documents to Client:
1. A formal invitation to bid
2. General terms and conditions governing the technical specifications
3. Technical specifications for the work authorized
4. Specifications and contract for preventive maintenance services
5. A bid proposal form
6. Contractor qualification form/references
PHASE 2—BIDDING(Optional)
A. Respond to bidder inquiries regarding the specifications and issue addenda when
necessary.
B. Provide spreadsheet analysis of bid proposals.
C. Issue a written recommendation for contract award based upon bid proposal review.
PHASE 3—SHOP DRAWING REVIEW(Optional)
A. Review vertical transportation shop drawings for compliance with the project
specifications as well as applicable codes. Return two(2)marked-up copies in the standard
turn-around period often(10)working days. VDA will not be responsible for expediting
shop drawing submissions received from the Trade Contractor.
NOTE: If more than two(2) drawing resubmittals and/or if cab drawing reviews are
required they will be performed by VDA on a timecard basis and billed as an extra on
contract.
B. Attend a meeting with the contractor and the Client to assist with signal fixture selections,
review of shop drawings, cab finish selections, and coordinate any work performed in
conjunction with other trades.
City ofBozeman Facilities Office Building 4
Bozeman,MT
6/17/19
PHASE 4—CONSTRUCTION FIELD SERVICES (Optional)
A. Upon completion of all work, conduct a thorough examination to compile a deficiency
punch list. Monitor systems operation and record pertinent operating performance data for
comparison purposes. Upon completion of this audit issue a list of items which require
corrective action by the contractor.
B. Perform up to one(1)follow-up survey to verify that all punch-list items are addressed by
the contractor in a satisfactory manner.
C. Upon the satisfactory removal of all punch-list deficiencies by the contractor,issue a letter
recommending final acceptance of the completed project along with payment of retained
money.
III. FEE
A. The lump sum fee of$4,975.00 for Phase 1- 4 will be broken down as follows. Note:
Phases 2—4 are offered as optional services and will be provided upon request of Client
1. The Phase 1 fee will be the lump sum of$2,225.00, payable in installments as .
follows: 90%upon issuance of the draft specification/ 10%upon issuance of the
final specification.
2. The Phase 2 fee will be the lump sum of$750.00,payable upon issuance of the bid
comparison analysis. Optional
Accepted
No Accepted
3. The Phase 3 fee will be the lump sum of$750.00,payable upon review of shop
drawings. Optional
Accepted
Not Accepted
4. The Phase 4 fee will be the lump sum of $1,250.00, payable in installments.
Invoices will be issued monthly as work is performed. Optional
Accepted
Not Accepted
NOTE: If applicable, expenses (living and traveling expenses, bulk document reproduction,
Federal Express or Messenger Service)may be billed separately of the lump sum amount.
City of Bozeman Facilities Office Building 5
Bozeman,MT
6/17/19
The Client shall be responsible for the payment of all applicable taxes (in addition to the fee
specified in this Agreement) which may be imposed or assessed by the country, state or local
jurisdiction in connection with the services provided by the Consultant. The Client shall indemnify
and hold harmless the Consultant and its agents and employees against any such taxes, claims or
liabilities.
If the Scope of Work changes,VDA reserves the right to increase the fee with your written consent
for additional services.
If this is acceptable,kindly sign below and return to sferroneovdassoc.com,at your earliest
convenience.
Very truly yours, ��.7 ACCEPTED:
R.Dane Carollo
Project Executive FOR:
RDC/sf DATE: