HomeMy WebLinkAbout1987-07-01-AGREEMENT FOR PROF ENGINEERING SERVICES F
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
for
WATER, SYSTEM IMPROVEMENTS
on
LY'MAN CREEK
THIS AGREEMBNT made as of the lst day of � Jul
19 87 , by and between the City of Bozeman , a Municipal.. Corporation,
hereinafter called the "owner" , and Sanderson/Stewart,/Gaston
Engineering , Inc. , a Montana corporation, hereinafter called the
"Engineer" ,
W I `1' N E S S E T H:
WHEREAS , the Owner intends to complete an engineering design , deve-
lapment of construction plans, specifications , caontract documents,
and engineering services during construction for water system
improvements on Lyman Creels supply, and
WHEREAS , the Engineer represents that it is qualified to perform
such services, is in compliance with the Montana statutes relating
to the registration of Processional Engineers and is willing to
furnish such services to they Owner;
NOW, THEREFORE, the Owner and Engineer , for the consideration
hereinafter set forth , agree as follows ,
I . The engineer agrees as fellows :
A. To furnish all labor , inater. ials , equipment, supplies, anal
incidentals necessary to conduct and complete the
Engineea ` s portion of the project as defined in the sccape
of work and to prepare and deliver to the Owner all
reports , both written and verbal- , all plans, specifica-
€:ions, bid documents, and other_ material as designated
herein.
B. To ascertain such information as may have a bearing on the
work from units of government and private organ izatIons and
shall. be authorized to procure information From other
authorities besides the Owner , but shall keep the Owner
advised as to the extent of these contacts and the results
thereof.
C. To prepare and present such information as may be
pertinent and necessary in order for the Owner to
pass critical judgment on the features of the
work. The Engineer shall make changes, amendments
or revisions in the detail of the work as may be
required by the owniyr during the preliminary plan-in-
hand review. When alternates are being considered ,
the owner shall have the right of selection.
D. To conform to the requirements of the Montana Cone
Annotated Title 18 "Public Contracts" and more
particularly Sections 18-2-121 and 18-2-122, and
all other codes of the State of Montana applicable
to providing professional services including crudes
and standards nationally recognized.
E. To perform professional services in connection
with the project and to serve as the owner ' s
representative in those phase;- of the project to
which this agreement applies.
F. That, where State and Federal funds are involved ,
the necessary provisions to meet all requirements
will be complied with and documents secured and
placed in the bidding documents.
C. To submit an estimated progress schedule as to
time and costs at the beginning of the work and
weekly progress reports thereafter unt:i.l complete
to Owner ' s Task Directo,. if requested in writing .
The reports will include any problems, potential
problems, and delays as foreseen by the Engineer.
Reports will be submitted in a timely manner to
permit prompt resolution of problems.
E. That the Owner shall have the right of review and
examination of the Engineer ' s work and records
pertaining to this project' s accounting at all
times.
1 . To name a Task Director who shall he the liaison
between the Owner_ and the Engineer. For this;
project the Task Director designated is Mr. Gerald
M. Gaston, .I.E.
T . The Engineer shall_ perform the work covered by Lhis agreement
which includes-
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A. SCOPE OF WORK
1. Lyman Creek Spring ]development:
To include the engineering design and preparation
of construction documents for the field investi-
gation and flow monitoriilg of Lyman Creek Spring,
This contract will.. also include surveying, field
engineering and construction inspection of work
conducted by the Contractor in the performance of
his duties. Scope of work shall include design
of access road from the end of existing access
,road to the spring, development of construction
4' specifications for excavation at the spring site,
flow monitoring requirements, turbidity, and silt
containment, site gracing and clean up.
After completion of design and construction docu-
ments are approved, this project is to be adver-
tised, bid award made and the issuance of a Notice
to proceed performed separately and independently
of other construction contracts awarded under this
engineering agreement, and in accordance with City
of Bozeman direction.
2. Lyman Creek Reservoir Covering:
To include the engineering design and preparation
of construction documents to cover the existing
reservoir. This contracts will also include field
engineering, surveying, Lurid construction inspec-
tion of work oonductod by the Contractor in the
performance of his duties. Scope of work shall
include the design of a floating cover complete
with support devices, roof drain system, access
hatches, baffling, and operation/maintenance manual.
This item is to be bid in combination with or
completely separatE! of other project items con-
tained herein, in accordance with City of Bozeman
staff direction.
3. Lyman Creek Reservoir Yard Pining , Turbidity
Monitoring, Chlorination Facil. ti,�S, Bypass Flow
Control System and Associated Building Structure:
To include the engineering design and preparation
of construction documents to include field engi-
neering, surveying and construction insp ction of
work conducted by the Contractor in the perfor-
mance of his duties.
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Scope of work shall include the design of yard
piping replacement within the confines of the
reservoir area. Piping severely corroded and
deteriorated including concrete manholes, valves
and boxes , and all miscellaneous items, which are
accessible by means of excavation to depth not-
to-exceed fifteen feet or not requiring major
concrete removal , shall be included if necessary.
Chlorination system shall include Lhe use of tort
cylinders, and have sufficient capacities to pro-
vide required chlorine residual,. Turbidity
monitoring and bypass flow control shall, be
capable of monitoring incoming turbidity values
and automatically bypass raw water from the
reservoir.
4. Line Replacement, New Raw Water Piping and Diver-
sion Structure :
To include the engineering design and preparation
of construction, documents including field engi-
neering, surveying and construction inspection of
work conducted by the Contractor in the per-
formance of his duties.
v
Scope of work shall include the design of line
w : +MV replacement of the existing V.C.P. (vitrified
�•�"' .1"" clay pipe) located between the existing diversion
structure and the newer installed U. T .P . (ductile
iron pipe) . Installation of new piping from the
existing diversion towards, the Lyman Creek Spring
to the location of the new diversion, including
the new diversion. Flow control valving , pressure
reducing valves and air release structure shall
be included.
5. Miscellaneous
Any work associated with the operation of existing
facilities such as draining reservoirs, operation
of valves, or visual inspection of existing facili-
ties shall be done in the presence of City person--
. r nel. Actual_ drainage of reservoir or isolating
...fc of pipeline, i.e. : valve operation, flood control
gate and head gate operation, shall be performed
„a" i� '�,,,• by City personnel..
4,h'
Access to sites under control. by the City shall be
made available to the Engineer for the purposes of
the preliminary evaluation.
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B. MLIMINARY DESIGN SERVICES
1. Prepare preliminary drawings of selected elements
of the project for review by Owner .
2. Perform the engineering surveys required for
design of the project.
3 . perform subsurface soi . investigation and geo-
technical engineering required for the design
of the project.
4. Research available record , report, plans and
studies which relate to the project.
5. Provide City Engineer with preliminary plans
:for comments.
6 . Review project with princila,al- property owner;
to provide coordination,
7 . Prepare exhibits and legal- descriptions for
necessary easements, and necessary right-of-
way permits such as highways , railroads , etc. ,
complete with Engineer and/or Surveyor ' s
Certificate and with necessary backup infor-
mation (title reports, previous easements ,
etc. ) .
S . Prepare a complete traffic control plan to be
used during the construction of the project.
The plan will. show the required detours, the
required Signing and , if necessary, the required
construction phasing and public notification.
C. VINAl, DESIGN AND CONTRACTOR SERVICM :
1. From the approved preliminary drawings, prepare
and furnish final drawings , specifications and
ether_ contract documents for, review if required
by reviewing agencies.
2. Prepare contract documents (basic specifica-
'Uion to the "Montana Public Works Standard
Specification" ) and review with Owner .
3. Stamp and siren all. plans and specifications with
seal of professional Engineer in charge: if re-
quired by reviewing agencies.
4. Provide final estimate of design quantities and
costs.
5. Based on final elan-in-hand and Owner review,
prepare final, plans rioted in C (1) , above, in
Sufficient number for bidding and contracts.
(Five sets for owner ' s use) .
6. Engineer shall provide bid package to
interested parties and may charge a fee
for each package which is based oil cost of
preparing and administering the package.
7 . Provide and hold a pre-bid conference.
8 . Assist Owner; during laid advertisement and
answer Bidders ' questions.
9 . Provide bit] tabulation sheet for at least the
two lowest bids by Wednesday noon following
Monday bid opening, with the tabulat:iorl sheet
also to :show Engineer ' s estimates.
10. Analyse contractors from standpoint of skill anti
experience , facilities for performing tine work,
financial responsibility, previous satisfactory
performance, previous timely performance and any
other matters touching on the ability of the
Contractor to effectively and efficiently perform
the work and make recommendations on awarding of
contract.
n. CONSTRUCTION SERVICES :
1. Schedule and hold a pr.c-construction meeting.
Z. Provide personnel, equipment and supplie.-
for construction layout and control , including
line and grade control staking and blue+ topping.
3. Review the construction operations and the traf-
fic controls for, construction, prior, to the start
of work. Ascertain that the Contractor has all
needed permits to accomplish his work during
construction.
4. Perf'orrn appropriate testing of materials intended
for incorporation into the project and required
documentation of this pre-qualification.
5. Provide general review of olonstruction to check
the Contractor ' s work for compliance with the
drawings and specificatio475, quality control and
monitoring of safety measures. Review of work
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shall. be made on a full-time basis while any
major item of work is in progress. Major items
of work shall be pipe laying, backfil.l.ing pipe-
line testing, Base laying, concrete pouring,
paving and reservoir roof installation. The
Engineer shall provide a minimum of 48 hours'
notice for Owner personnel when specific inspec-
tions or testing required their presence on the
project. Each daily review shall include the
Contractor ' s activities, progress and weather
conditions and shall be documented in permanent
reproducible form and kept in consecutive order
with the project file. Copies of the daily
review reports shall be furnished the Owner as
requested. Engineer will, notify the Owner, of
contract problems or deviations from approved
plans.
6. Make prompt d( cisions on request from Contractor
for clarification or interpretation of tf)e
drawings and specifications.
7 . Prepare written weekly activ_?_ty and progress
reports and submit to the City' s Task Director .
S. Provide the services of a qualified materials
engineering technician who will observe construc-
tion and provide representative tests.
9 . Reference and preserve all existing survey monu-
ments and benchmarks. All intersection monu-
ments required within the project shall be
punched, located and elevations shown on as-
builts.
10. Act as the Owner ' s authorized representative in
inspecting and coordinatirzg the excavation work
of private contractors and utility companies
within the public right--of-way of this project.
The Engineer shall make necessary test: to
ensure compliance with project specifications or
City Codes where faulty excavation or ba,ckfill
work may, result in damage to improvements. The
Eagineer shall record the location of all.
underground utilities installed under streets
and on the sui face within the public right-of-
way and show these facilities, together with a
representation of the general_ corridors in which
other underground utilities are located, on the
as-built drawings.
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11. Check :chop drawings, samples, equipment and other
data submitted by the Contractor for compliance
with drawings and specifications.
12. Prepare change orders which do not require addi-
tional engineering design or inspection.
13 . Prepare monthly progress estimates and final, pay
estimates for construction and make reconrmen-
dations for payment. Prepare contract admini-
stration forms on a monthly basis. These will
be submitted in owner approved formats.
14. Copy all correspondence to Contractor to Owner ' s
"Task Director simultaneously.
15. issue notice to the Contractor to suspend work
in whole or in part; when , in the opinion of the
Bngineer , work is not boing or cannot be per-
formed in aQcordance with the Contract Documents.
16. Prepare plan and specification chances when
required clue to any initial design and engi-
neering deficiencies in order to complete the
project in its original concept, and, after:
approval by the Owner , prepare change orders
therefor•" .
FINAL SERVICES
1. prepare as-built drawing; and furnish the Owner
one ,yet of reproducible mylar within 60 days of
submittal. of Contractor ' s final payment and
before final. payment to the Engineer: .
2. Make final inspection with the owner and certify
to the Owner all construction items were
constr.rtrctr-.rl according to plans and specifications
and are acceptable to the Fngineer .
3 . Schedule and make an inspection with the Owner
prior to expiration of the construction warranty
period and provide a cer-tification of final
acceptance. It any problems are found , send a
list of deficiencies to the Owner and Contractor
and continue monitoring project: until. acceptable.
4 . ror a period of one, year after the final. inspec-
tion as outlined in Paragraph (2) , respond to
requests for information concerning engineering
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aspects of the project, and provide engineering
design and plans, if necessary, to correct any
design deficiencies.
5. Pre�a,re a final design report complete with
design calculation,, assumptions and data base.
F. EXTRA SERVICES of the Engineer will be paid only with
w ten pr ar authorization by the Owner .
1 . Reset monuments Lost or destroyed by construction
of this project when restoration of such monu-
ments is not the liability of the Contractor .
2. Provide construction review service in excess of
the basic review specified in scope of work under
constTuction services.
3. Provide coazstructi.on review of major it�2ms of
work after expiration of one year after contract,
construction contract completical, time.
4 . Prreprare change orders which do require addi-
tional engineering design or inspection under
Scope of Work, Construction Services (Section II
(D) herein) .
III . The Owner agrees to provide the Engineer with all availa-
ble information pertinent to the project and to perform
the following services:
A. Give thorough consideration to all reports, estima-
tes, drawings, specifications, proposals, change
orders , payment claims, and other documents presented
by the Engineer and shall inform the Engineer of all.
decisions within ten (1.0) working days.
B . Furnish the Engineer with a copy of any design and
constuotion standards the Engineer shall be required
to follow in the preparation of Contract Documents.
C. Le responsible for choosing a contractor on
Engineer ' s recommendations.
D. Name a Task Director who shall be the liaison between
the Engineer and the Owner . For this project the
Task Director designated i, Phill Forbes.
IV. The Owner ' s payments to the Engineer .
A. Payment for services of the Engineer .
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The Owner shall pay the Engineer for services per-
formed under Articles II .A through II .0 and II .E of
this agreement a total lump sum fee as defined below.
1. Lyman Creek spring development
Preliminary and final. design services:
h Two thousand two hundred fifty dollars ($2 , 250 . 00) .
V Contractor services:
One hundred fifty dollars ($150. 00) .
2. Lyman Creek reservoir covering:
,3I10l��' Tc:n thousand nine hundred eighty dollars ($10 ,980 . 00) .
3 . Lyman Creek reservoir yard piping : g63•��
H� Ten thousand thirteen dollars ($10 , 013 . 00) . 3 4 =
Z, r
4. Raw water line & diversion pond replacement:1 �
Twenty-seven thousand nine hundred seventy dollars
($27 ,970. 00) .
B . The Owner sfiall pay the Engineer for services per--
, formed under Articles II . D of this agreement a total
lump sum fee as defined below.
n 1. Lyman Creek spring development (II .A. 1) :
One thousand one hundred fifty dollars ($1 , 150 . 00) .
2. Lyman Creek reservoir covering (II .A. 2) : od
Four thousand twenty dollars ($4 , 020. 00) . � e SqZ.
-
� 3 . Lyman Creel: reservoir piping (II .A. 3) :
Eight thousand five 1•iundred fifty-two dollars
($0 ,552. 00) . 9
4. Raw water line and diversion pond replacement
�Crac� (II .A. 4) : 'Thirty-•two thousand twenty dollars IUUA
($32, 020. 00)
w`
C. Method of Pawment
f` 1. For services rendered under Article II .A through
II .0 and .II .E of this agreement , payment shall be
due the Engineer within 30 days following comple-
tion of cLe design work and receipt of the
Engineer ' s invoice.
2. For services rendered under Article II .D of this
agreement, payment shall be due the Engineer
within 30 days following receipt of Engineer ' s
invoice. Billing of lump sum amount shall he in
accordance with percentage completion of contruc-
tion (i . e. : at 35% complete construction billing
for engineering fee shall. be 35% of lump sum fee) .
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3 . No deduction shall be made the Engineer ' s coml;,)en--
sati.on on account of penalty, liquidated damages
or tither amounts withheld from payment of Coxit,rac,-
tor.
D. Payments for extra services when authorized by the
Owner.
1 . Construction review in excess of basic services
as defined in this agreement shall be paid for an
hourly basis at the applicable fee in Table A.
2 . Preparation of change orders which do require
additional engineering design or, construction
review shall be paid for on an hourly basis and
the applciabl.e fee in Table A.
TABLE A
HOLI-rly is ec 1chedule
Professional, Engineer $48. 00
Project Engineer $42. 00
Engineering Technician $28. 00
2-Man Survey Party $50. 00
3-Man Survey $58. 00
Inspector $32. 00
Draftsman $20. 00
Clerical $M 00
Thc, aforementioned itemized schedule includes
direct labor_ costs, normal payroll and overhead
costs f transportation, furnishing equipment and
materials normally required for performance of
the work and reasonable profit. Direct project
casts not itemized herein shall be paid i_'or at
actual cost.
V'I. The Owner and Engineer further agree to the following
conditions ;
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A. 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 or secure this Contract, and that he has not
paid or agreed to pay any company or person, other
than, bonafide employees working solely for the
Engineer , any 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. this Contract without
liability, or at its discretion to deduct from the
consultants ' fee , or otherwise recover the full
amount of such commission, percentage, brokerage
:fee, gift, or contingent fee.
Any and all employees of the Engineer or other: per-
sons while engaged in the performance of any con-
sidered employees of the Lngineez only and not of
the Owner , and any and all claims that may a�itie
under the Workman' s Compensation Act on behalf" of
said employees or other persons while so engaged
and any and all claims made by a third party as a
consequence of any act or omission on the part of
the Engineer ' s employees or other persons while so
engaged shall be the sole obligation and respon-
sibility of the Engineer .
The E°ngiTieer shall be subject to and comply with
Title VI of the Civil.. Rights Act of 1964 ; Section
140, Title 23 , United States Code, and all regola-
tioals promulgated thereunder .
The Engineer shall comply with all provisions of
Equal Emp,loyrnent Opportunity (EEO) and Disadvantage
Business Act (DBA--Minority and Hlomen ' s Business
Enterprises) .
B. DECLARATION OF' FINANCIAL INTEREST:
The Engineer horeby declares that: the Engineer ' s
partners, principal shareholders, officers , and pro-
fessional engineers assigned to or otherwise working
on the projects or in any way associated with the
Engineer does not own any equitable or legal rights
to property Within the project, whether public. or
private, or have any interest either directly or
indirectly in tho project except for the remunera-
tion provided herein.
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C. TERMINATION:
(1.) The Owner shall have the right to terminate
this agreement for default should the Owner
determine that. the Engineer is failing to pro-
secute the work in a manner which assures
timely completion or that the Engineer is not
performing any of tho provisions of this
agreement. If the Engineer shall default: in or
fail to perform any of its obligations under
this agreement, and such default or ,failure
shall continue for a period of den (10) days
after written notice specifying the default is
deposited in the United State malls addressed
to the Engineer at 61.8 West Griffin, Bozeman,
Montana, 59715, or such ether address as
Engineer shall provide to Owner from time to
time , then the Owner shall not be Liable for
any further payment to the Engineer whatsoever
and the Engineer shall be liable for any casts
to the Owner resulting from the termination.
The Owner ' s rights herein are in addition to
any other remedies it may have under the law.
(2) The Owner shall also have the aright to ter-
minate this agreement for its convenience upon
seven (7) days ' written notice . If the Owner
termiantes for its convenience, the Engineer
shall waive any claims for damages including
lass of anticipated ,praf its p and as the sole
right and remedy of Engineer , Owner shall, pay
the Engineer for the work performed pursuant to
the payment schedule in this agreement: plus any
reasonable coasts incidental to the termination
of the work.
D. LIABILITY:
The rngineer agrees to indemnify and save harml.eess
the Owner , its officers, agents and eirployees
against and from any and all actions, Suits, claims,
demands, expenses (including a reasonable attorney' s
fee) or liability of any character whatsoever
brought: or asserted for injuries to the death of any
person o>: persons, or damages to property arising
out of, resulting from or in connection �aitjh the
performance of the work herein specified.
The Owner agree, to indemnify and save harmless the
Engineer for any claims, damages, or liabilities
arising from any negligent: act, action, neglect,
omission or default by the Owner , its contractor ,
and their agents or employees,
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E. INSURANCE :
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 a, additional
Assured (with the exception of Workers ' Compensa-
tion) with minimum insurance coverage as follows:
Type oL Coveray Limits
Workers ' Compensation:
In accordance with the brow of
the State of Montana Statutory
R�m�a,l.oyers ' Liability: $ 100 ,000 per accident
General Liabi_lity:l
Bodil,y Ira jury 51 , 000 , 000 each occurrence
Property Davwa2 including $ 100, 000___ -4300 000
coverage for damage caused by Each tOccurrence aggregate
blasting , collapse or structur-
al injury and/or damage to
underground facilities
--or-
Vodi,;ly Injury & Property Oamay-,
Single abet caa�nhined
g mil , OOrI , 0O0. OU
Automobile:
Bodil _ 1.n7ur covering all $ .5..00000. 0._0_ $1 , 000•r( go. 00
automobiles, truck , tractors , Each xh 'sQn Each occurrence
traitors or other automotive
equipment whether awned or
rented by Engineer or owned by
employees of Engineer-
Property Mac covering all, $ S00&00. 00 Bach occurrence
Glutomobiles, trucks, tractors, �� �
trailers or :ether automotive
equipment whether awned or
rented by Engineer or owned by
employees of Engineer.
-or-
Bodily 1QUEJ & Proem Pamage
Single and combined 500 '000. 00
Professional Errors & Omissions: $ 500�QQn OO per claim and
aggregate
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Engineer will, before commencing work on this agreement, deliver
certification of such insurance to the Owner.
lGener'al liability may be obtained by the Construction Contractor
naming owner , Engineer and their officers , agents and employee,
as additional. insureds.
F. OWNERSHIP OF DRAWINGS :
All drawings, specifications and information
relating to the projects and prepared under the
terms of this agreement, including schedules,
,reports , data, recommendations , exhibits , analy-
ses and plans shall become the property of t:he
Owner and will , at its request, be delivered to
the Owner , but Engineer may retain and use copies
thereof in furtherance of its know-how. The
Engineer ' s drawings and specifications are not
intended for use on other pzojec:ts nor doer
Engineer represent that they are suitable for use
by the Owner on any project other than the one
for which they were prepared. Any reuse by the
Owner without the writtenronsent of the Engineer
will be at the owner ' s sole risk.
G. PROPRIETARY RIGHTS :
If patentable discoveries or inventions should
result from work required herein, all rights
accruing from such discoveries or inventions
shall be the property of the Owner .
N. TIC :
The Engineer shall commence work upon the execu-
tion of this agreement and shall complete all
work necessary in a prompt manner , Provided ,
however , that if the completion of this agreement
is dLllayed as a result of causes not .reasonable
fort seeable which are beyond Engineer ' s reason-
able control and without its fault or negligence
such as acts of the Owner , strikes or acts of
God , then and in such evens the time of comple-
tion of this agreement shall be extended for such
additional time within which to complete the per-
formance of the contract as is required by such
delay, and the Engineer shall give the Owner
written notice setting forth the reasons and
justification for such additional time claimed
undr�r this paragraph. Failure on the part of the
Engineer to give the Owner such notice shall.
constitute a waiver of Lhi..s paragraph by the
Engineer .
I. WARRANTY
Engineer warrants that it will provide its ser-
vices in accordance with the standards of care,
skill and diligence normally exercised by a pro-
fessional 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 tile Owner ' s
request, reperform the service at its own cost,
J. CHANGES IN WORK:
The Engineer shall make such revisions in the
report, plans and specifications which have been
completed, approved, and accepted by the Owner as
are necessary to correct the Engineer ' s error, or
omissions when required to do so by the Owner ,
without additional compensation therefore.
K. INnEpENDENT CONTRACTOR:
It is agreed that the relation established by
this agreement between the Engineer and the Owner
is not that of agent and principal , nor servant
and master , nor Employee and Employer , but that:,
on the contrary, the relation between the
Engineer and the Owner is purely contractual in
the performance of the work herein specified, the
Engineer being an independent contractor, respon-
sible to the Owner only as to the results to be
obtained in the work herein specifies] and to the
extent that the work shall.. be done in accord xnce
with any design , construction standards or other
terms furnished by the Owner .
L. EXAMINATION OF RECO�;ba :
The Owner or its representatives shall have thc�
right to examine any books, records or other
documents of Engineer directly pertaining to
cost, or hours worked wrtaen such Fasts or hours
are the basis of compensation to Engineer
hereunder.
M. COMPLETE AGREEMENT:
This document , together with 311 attachments
,referenced herein, constitutes the cnii1pl.eto
agreement: between the parties and supersedes all.
prior negotiations, represen .atiorns or agree-
ments, written or oral. The agreement may be
amended only by written instrument signed by
Owner and Engineer.
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N. NO ASSIGNMENT:
It is expressly agreed that this agreement shall.
not be assigned in whole or in part by either
party hereto without the previous consent of the
other party in writing.
0. LEGAL, RELATIONS :
The Engineer shall. comply with all Federal , State
and Local, laws and ordinances applicable to the
work to be done.
P . ENDORSEMENTS :
The Engineer shall furnish professional stamps ,
statements, or other suitable means to signify
responsible endorsements of work , on all drawings
and reports furnished by him.
Q. PUBLIC INFORMATION:
The Engineer shall not issue any statements ,
releases , or information for public dissemination
without prior approval of Owner .
R. LITIGATION LOCATION:
In the event litigation is pursued under this
Coi:tract, it will. be in the District Court of
Gallatin County.
S . GOVERNING LAW:
This agreement shall be gove:ened in all respects
by the laws of the State of Montana.
T. STJCCESSURS AND ASSIGNS :
This agreement shall inure to the benefit of and
be binding upon the parties hereto and tis part-
ners , successors , assigns and legal representa-
tive,.
IN WITNESS WHEREOF the parties hereto have made and
executed this Agreement the day and year first above writ-
ten.
OWNER: ENGINEER:
THE CITY OF BOZEMAN SANDERON/STEWART/GASTON
ETIGINEERING, INC.
By
Tj City Manager I "s ice Pres ' nt
ATTE :
--17
Clerk of the Commission
City