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HomeMy WebLinkAbout09- Robert Peccia & Assoc., West College & 11th Ave. Project, Professional Services AgreementTHE CITY OF BOZEMAN 20 E. OLIVE • P.O. BOX 1230 BOZEMAN, MONTANA 59771-1 230 ENGINEERING DEPARTMENT PHONE: (406) 582-2280 FAX: (406) 582-2263 February 4, 2009 Mr. Tom R. Cavanaugh, P.E. Robert Peccia & Associates P.O. Box 5653 Helena, MT 59604 Re: West College Street a=.id South 1 lth Avenue Intersection Project Professional Services Agreement Dear Tom: As we previously discussed, the City Commission approved the above referenced Professional Services Agreement with the understanding that at 60% of the Design Fee Preliminary Plans and Specifications, the project be revisited with respect to the cost of the right-of--way acquisition. At that point, design of the project will be stopped until we are authorized to proceed by the City Commission. Please sign on the line below that you understand and accept this provision, and return this page to me. f Ro rt Peccia & Associates 40 - Date Attached for your files is an executed original copy of the Professional Services Agreement. Respectfully, ~~~ Susan M. Stodola, P.E. Project Engineer cc: Project File ERF HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK PROFESSIONAL SERVICES AGREEMENT THIS IS AN AGREEMENT made as of W ,between THE CITY OF BOZEMAN, a Municipal Corporation, Boze an, M tana, 59715 (OWNER) and ROBERT PECCIA AND ASSOCIATES, Helena, Montana 59604(ENGINEER). Whereas the accomplishment of the work and services described in this Agreement is essential to the OWNER'S public works improvement program. Whereas the OWNER intends to and has selected the ENGINEER to provide necessary and professional engineering services for the project. Whereas the ENGINEER represents that it is willing and qualified to perform the professional engineering services for this project described in this Agreement. Therefore, in consideration of the foregoing recitals and the mutual covenants and conditions contained herein, the parties agree as follows: The conditions and provisions set forth in the attached EXHIBIT A (ENGINEER'S STATUS DURING CONSTRUCTION), EXHIBIT B (A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE) ,and EXHIBIT C (SCOPE OF SERVICES AND FEE PROPOSALS) ,are hereby incorporated in and made part of this Agreement. ARTICLE 1 -ENGINEERING SERVICES 1.1. The detailed description of the specific project components is described as follows: Refer to EXHIBIT C 1.2. The scope of services under this contract are set forth in this agreement and the attached EXHIBITS. ARTICLE 2 -ENGINEER'S RESPONSIBILITIES 2.1. ENGINEER shall perform for OWNER professional engineering services in all phases of the Project to which this Agreement applies as hereinafter provided. These services will include, but not be limited to, serving as OWNER's professional engineering representative for the Project, providing professional engineering consultation and advice and furnishing customary civil engineering services incidental thereto. 2.2. The ENGINEER shall furnish all labor, materials, equipment, supplies, and incidentals necessary to conduct and complete the ENGINEER'S portions of the Project and to prepare and deliver to the OWNER all data, reports, plans, specifications, and recommendations as designated herein. 2.3. The ENGINEER shall ascertain such information as may have a bearing on the work from local units of government, public, and private organizations and shall be authorized to procure information from other authorities as to the extent of these contacts and the results thereof. 2.4. The ENGINEER'S work shall be in accordance with the standards of sound engineering practices. 2.5. The ENGINEER shall name aPrincipal-In-Charge for the duration of the project. The Principal-In-Charge shall be Brian Wacker, P.E., RPA Vice President and Streets and HiQhways Division Manager . 2.6. The ENGINEER shall name a Project Manager who shall be the liaison between the ENGINEER and the OWNER. The Project Manager shall be Tom Cavanaugh P E .The OWNER may name a Task Director who would be the liaison between the ENGINEER and the OWNER during the design segment of the Project. 2.7. The ENGINEER shall submit an estimated progress schedule at the beginning of the work, and monthly progress reports thereafter until the project is completed. ARTICLE 3 -OWNER'S RESPONSIBILITIES 3.1 The OWNER shall name a Task Director who shall be the liaison between the ENGINEER and the OWNER during DESIGN segment of the Project. The Task Director designated shall be Susan Stodola, P.E. 3.2 The OWNER shall have the right of review and examination of the ENGINEER'S work at all times. 3.3 The OWNER shall make available all records (record drawings, construction records, etc.) indicating the existing configuration of the city utilities. 3.4 The OWNER will be responsible for Advertising Bid Openings. 3.5 The OWNER shall attend the pre-bid conferences, bid openings, pre-construction conferences, construction progress and other job related meetings, substantial completion inspections and final payment inspections. ARTICLE 4 -BASIC ENGINEERING SERVICES The ENGINEER shall render professional Engineering Services as follows: 4.1 PRE-DESIGN INVESTIGATION PHASE After written authorization to proceed, ENGINEER shall: 4.1.1 Consult with OWNER to clarify and define OWNER's requirements for the Project and review available data. 4.1.2 Advise OWNER as to the necessity of OWNER's providing or obtaining from others, data or services and assist OWNER in obtaining such data or services. 4.1.3 Identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the Project and participate in consultations with such authorities. 4.2 PRELIMINARY DESIGN PHASE After receipt of written authorization to proceed with the Preliminary Design Phase, ENGINEER shall: 4.2.1. In consultation with OWNER determine general scope, extent and character of the Project. 4.2.2. ENGINEER shall then prepare, preliminary plans, specifications and an estimate of Total Project Costs. 4.2.3. Deleted. 4.2.4. Design and Construction Survey: The ENGINEER shall conduct a design field survey of the project areas, as necessary, for locating existing utilities (such as gas, power, telephone, TV cables, water and sewer lines, irrigation facilities, fences, and approach driveways), existing right-of--way and easements, and making measured drawings of or investigating conditions of existing facilities. The ENGINEER shall provide suitable horizontal and vertical reference control points for the construction phase. 2 4.2.5. Permits and Rights-of-Way: T`he ENGINEER shall obtain approved permits and licenses from agencies or entities requiring similar approvals prior to bidding. These approvals will be coordinated with and authorized by the OWNER. The OWNER shall negotiate and obtain easement agreements and necessary right-of--way from private landowners and any other agencies or entities required for the project. Information and easement descriptions consisting of legal descriptions and exhibits provided by the ENGINEER for the OWNER's use in the Basic Engineering Services will be based on data available from design surveys and courthouse records. 4.2.6. Geotechnical Explorations and Analysis: The ENGINEER shall conduct such geotechnical explorations and analysis as necessary for project design and bidding. A surfacing design report will be prepared with recommendations relating to conditions pertinent to the design and construction of the Project. Subsurface information will be obtained by reviewing any existing geotechnical data available and using soil borings as necessary. The ENGINEER shall furnish copies of a surfacing design report as requested to OWNER for use by OWNER and Contractors, and review the results of the report with Contractors in a pre-bid meeting. The report is to be prepared for design purposes; ENGINEER will not be responsible if it is used by others for other purposes. 4.2.7. Preliminary Plans and Specifications. Prepare preliminary construction plans and specifications with information which addresses the special features of each project task. 4.2.8. Based on the information contained in the preliminary design documents, ENGINEER will submit a opinion of probable Total Project Costs to the OWNER, including the following which will be separately itemized: Construction Cost, allowance for engineering costs and contingencies, and allowances for such other items as charges of all other professionals and consultants, for the cost of land and rights of way, for compensation for or damages to properties, and for other services to be provided by others for the Owner. The total of all such costs, allowances, etc. are hereinafter called "Total Project Costs." 4.2.9. ENGINEER shall prepare and furnish complete paper and electronic copies of preliminary bidding documents as requested to OWNER and at the same time furnish copies as directed by OWNER to agencies and/or parties having regulatory responsibilities or direct financial participation in any part of the Project; provide any technical criteria, written descriptions and design data necessary for securing permits or approval from authorities having jurisdiction to review and approve the design, and assist owner in securing such approvals; and review documents in person with OWNER and review authorities, and, if necessary, conduct a plan-in-hand site review. All changes agreed to between ENGINEER and OWNER will be noted in a memorandum from the ENGINEER to the OWNER and incorporated into the final plans and specifications. 'The Preliminary Design Phase will be completed and submitted within 60 calendar days (reference to project schedule Exhibit C) following written authorization from OWNER to ENGINEER to proceed with that phase of services. 4.3 FINAL DESIGN PHASE After written authorization to proceed with the Final Design Phase, ENGINEER shall: 4.3.1. On the basis of the accepted Preliminary Design documents and the revised opinion of probable Total Project Costs, prepare for incorporation in the Contract Documents final drawings and Technical Specifications of sufficient detail to show the general scope, extent and detailed character of the work to be furnished and performed by the Contractor(s) suitable for use in the project bidding and construction. 4.3.2. Advise OWNER of any adjustments to the latest opinion of probable Total Project Costs caused by changes in general scope, extent or character or design requirements of the Project or Construction Costs. Furnish to OWNER a revised opinion of probable Total Project Costs based on the Drawings and Specifications. 4.3.3. Prepare for review and approval by OWNER, its legal counsel and other advisors, contract agreement forms, general conditions and supplementary conditions, and (where appropriate) bid forms, invitations to bid and instructions to bidders, special provisions, technical specifications, and standard drawings, and other related contract documents in conformance with the latest edition of the Montana Public Works Standard Specifications (MPWSS) and City of Bozeman Modifications to MPWSS adopted by the City of Bozeman. 4.3.4. Furnish OWNER six copies and an electronic copy of the Contract Documents (including design drawings, specifications and contracts). The Final Phase will be complete and submitted within 35 calendar days (reference to project schedule Exhibit C) following written authorization from OWNER to ENGINEER to proceed with that phase of services. 4.4 BIDDING OR NEGOTIATING PHASE After written authorization to proceed with the Bidding or Negotiating Phase, ENGINEER shall: 4.4.1. Assist OWNER in advertising for and obtaining bids or negotiating proposals for construction contract(s) and record prospective bidders to whom Bidding Documents have been issued, receive and process deposits for Bidding Documents and conduct pre-bid conferences. 4.4.2. Provide interpretation or clarification to prospective bidders regarding the Bidding Documents, and issue addenda as appropriate. 4.4.3. Consult with and advise OWNER as to the acceptability of the prime contractor, subcontractors, suppliers and other persons and organizations proposed by the prime contractor(s) (herein call "Contractor(s)") for those portions of the work as to which such acceptability is required by the Bidding Documents. 4.4.4. Consult with OWNER concerning and determine the acceptability of substitute materials and equipment proposed by Contractor(s) when substitution prior to the award of contracts is allowed by the Bidding Documents. 4.4.5. Attend the Bid opening, prepare bid tabulation, evaluate bids, assess bidders' responsiveness and responsibility and make award recommendation to OWNER. 4.4.6 Facilitate contract award, and the execution and distribution of the contract documents for construction, materials, equipment and services. Furnish Owner two original signature sets of executed contract documents (including design drawings, specifications and contracts). Furnish contractor with one set of original signature executed contract documents and up to three sets of construction documents. 4.5 CONSTRUCTION PHASE The responsibilities of the ENGINEER during the Construction Phase are summarized as follows: 4.5.1. General Administration of Construction Contract. ENGINEER shall consult with and advise OWNER and act as OWNER'S representative as provided in EXHIBIT A -ENGINEER'S STATUS DURING CONSTRUCTION, attached to and made part of this Agreement and maybe further provided under the General Conditions of the contract documents. The extent and limitations of the authority, duties, and responsibilities of the ENGINEER on the construction job site as assigned here-in shall not be modified except as the ENGINEER may otherwise agree in writing. All of OWNER's instruction to Contractor(s) will be issued through ENGINEER who will have authority to act on behalf of OWNER to the extent provided in the General Conditions except as otherwise provided in writing. In addition to the services provided under Article 10 (Exhibit A) the ENGINEER shall provide the following services during construction: 4 4.5.1.1 Schedule and conduct apre-construction conference. 4.5.1.2 Provide personnel, equipment and supplies for construction layout and control, including establishment of line, grade, and blue top control staking. 4.5.1.3 Review Contractors' construction schedules and operations, and the Contractors' traffic control plans and its implementation prior to the start of construction. 4.5.1.4 Ascertain that the Contractor has secured required permits needed to accomplish his work. 4.5.1.5 Prepare and provide weekly activity and progress reports to the City's Task Director. 4.5.1.6 ENGINEER shall provide OWNER copies. of all correspondence between the ENGINEER and Contractor. 4.5.1.7 Issue stop and resume work orders, in whole or in part, when work is not or cannot be performed in accordance with the Contract Documents. 4.5.1.8 Review and approve, for conformance with the project technical specifications all shop drawings, and other Contractor submittals required by the Contract Documents. 4.5.1.9 During construction review Contractors' construction schedules and evaluate conformance and progress under the Contract time provisions. 4.5.1.10 Prepare for OWNER'S approval any plan and specification changes which due to any initial design or engineering deficiencies are required to complete the project original design concept. 4.5.1.11 Inspect the project and when appropriate, and after conferring with OWNER, issue a Certificate of Substantial Completion to the Contractor. 4.5.1.12 Prior to recommending final payment, schedule and conduct with the OWNER a final project inspection and submit a report to the OWNER documenting any outstanding items or deficiencies requiring correction prior to final payment. Upon satisfactory project completion ENGINEER shall certify in writing to the OWNER, and any required regulatory agencies, that the construction was completed in accordance with the approved plans and specifications and is performing in accordance with the design concept. 4.5.1.13 Twenty-three months after project substantial completion schedule and conduct with the Owner a Two Year Warranty Inspection of the project and advise the owner in writing whether project deficiencies exist and if the project is performing in accordance with the design concept. 4.5.2. Resident Protect Representative. ENGINEER shall provide a qualified Resident Project Representative at the job site to provide observation of the work as provided in EXHIBIT B - A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE., attached to and made part of this Agreement. The ENGINEER shall submit to the OWNER, for review and acceptance, the resume of each Resident Project Representative who may be assigned to the job site during the course of the Project not less than 10 calendar days prior to the pre-construction meeting. Any subsequent change in the resident representative shall also be subject to the OWNER'S approval. 4.5.3 Limitations of Responsibilities. ENGINEER will not be responsible for CONTRACTOR'S means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and ENGINEER will not be responsible for CONTRACTOR'S failure to perform or furnish the Work in accordance with the Contract Documents; however, nothing contained in this agreement shall be construed to release ENGINEER from liability for failure to properly perform duties and responsibilities assumed by ENGINEER in the Contract Documents. 4.6. PROJECT DOCUMENTATION ENGINEER shall furnish OWNER with (a) one mylar copy, two paper copies, and ro ect notebookpcontainingrsucti Record Drawings ("As-Builts"), (b) written monthly progress reports, and (c)ap j correspondence and documentation as requested by OWNER. 4.7. CONSTRUCTION TESTING The inspection services shall include material testing and verification of contract compliance with job site requirements, plans and specifications. The ENGINEER shall provide, maintain and deliver to the OWNER detailed Contractor and ENGINEER documentation of the following material testing: 1) Concrete strength, air content and slump 2) Embankment, trench backfill, and gravel and pavement densities 3) Aggregate gradations 4) Plant mix strength, flow and asphalt content ARTICLE 5 -ADDITIONAL SERVICES 5.1. If OWNER wishes ENGINEER to perform any of the following Additional Services, OWNER shall so instruct ENGINEER in writing, and ENGINEER shall perform or obtain from others such services and will be paid therefore as provided in the Agreement: 5.1.1. Legal land surveys performed to obtain data for preparing easements and rights-of--way descriptions. 5.1.2. Preparation of applications and supporting documents for governmental agencies in addition to those required under Basic Services; preparation or review of environmental studies and related services; and assistance in obtaining environmental approvals. 5.1.3. Services resulting from significant changes in the general scope, extent or character of the Project or major changes in documentation previously accepted by OWNER where changes are due to causes beyond ENGINEER's control. 5.1.4. Providing renderings or models. 5.1.5. Preparing documents for alternate bids requested by OWNER for work not executed or for out-of- sequence work. 5.1.6. Providing other services not otherwise provided for in the Agreement, including services normally furnished by the OWNER as elsewhere herein described. 5.1.7. Furnishing the services of independent professional associates or consultants for other than Basic Services. 5.2. When required by the Contract Documents in circumstances beyond ENGINEER'S control, ENGINEER shall perform or obtain from others any of the following Additional Services as circumstances require during construction and without waiting for specific instructions from OWNER, and ENGINEER will be paid therefore as provided in this Agreement: 5.2.1. Services in connection with work directive changes and change orders to reflect the changes requested by OWNER if the resulting change in compensation for Basic Services is not commensurate with the additional services rendered. 5.2.2. Services in making revisions to Drawings and Specifications occasioned by the OWNER'S acceptance of substitutions proposed by Contractor(s); services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of substitutions proposed by Contractor; and evaluating an unreasonable or extensive number of claims submitted by Contractor(s) or others in connection with the work. 5.2.3. Services resulting from significant delays, changes or price increases occurring as a direct result of materials, equipment or energy shortages. 5.2.4. Additional or extended services during construction made necessary by (1) work damage by fire or other causes during construction, (2) a significant amount of defective or neglected work of any Contractor, (3) acceleration of the progress schedule involving services beyond normal working hours, (4) default by any Contractor. ARTICLE 6 -COMPENSATION FOR ENGINEERING SERVICE 6.1 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER 6.1.1 Payment. The OWNER shall for design phase services performed as Basic Engineering Services under sections 4.1 through 4.4 of this agreement pay a total sum in the amount of $ 82 118.00 for such services. 6.1.2 Pa~nent Schedule. Total cumulative payments for the design phase engineering services (sections 4.1 through 4.4) shall not exceed the following ceilings: $ 8 212.00 (10 % of design fee) until the Pre-design Investigation and Preliminary Design through initial geometric layout reviews have been submitted to the OWNER. $ 49 271 00 (60% of design fee) until the Preliminary Plans and Specifications have been submitted to the OWNER and review authorities. $ 73 906.00 (90% of design fee) until the Final Plans and Specifications have been submitted to the OWNER and review authorities. 6.1.3 General. Engineer shall submit monthly statements for services rendered. The statements shall be based upon Engineer's estimate of the proportion of the total services actually completed at the time of billing, subject to any limitations on Payments based on completion of tasks or specific retainage requirements pursuant to the payment provisions of the Agreement . 6.1.4 Reimbursable Expenses. Only those expenses specifically identified for payment under section 6.2 of this Agreement are reimbursable. All other design related expenses are included in the Lump Sum Payment for the Basic services (4.1 through 4.4) and are not separately reimbursable. Additional Services specifically identified under the scope of design services for payment under 6.1 are not separately reimbursable. 7 6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER. Construction and project documentation services performed as Basic Engineering Services under sections 4.5 through 4.7 including General Administration of Construction Contract, Resident Project Representation, Project Documentation, and Construction Testing, shall be compensated in accordance with the following: 6.2.1 The OWNER shall pay for Construction Phase and Project Documentation Services an amount not to exceed $47,187.00 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 the ENGINEER'S Direct Labor Cost times a factor of 2.970 for services rendered which shall cover Direct Labor, Direct Labor Overhead, General & Administrative Overhead and Profit. 6.2.1.2 Notification. At any time during the construction that it becomes apparent that the Construction Phase and Project Documentation Services rendered under this Agreement will exceed the negotiated compensation for these services, and prior to performing services in excess of the contract ceiling, the ENGINEER shall give OWNER written notice thereof. Promptly thereafter OWNER and ENGINEER shall review the scope and progress of the project work. ENGINEER shall obtain written authorization from OWNER, prior to any additional costs being incurred under paragraph 6.2.1.3. If it is determined that due to a change in project scope under paragraph 5.2.1, the ENGINEER is entitled to additional compensation, OWNER and ENGINEER may negotiate terms as provided under 6.2.1.1. The amount and terms of any additional compensation under 6.2.1.1 or 6.2.1.3 shall be negotiated and agreed in writing pursuant to 9.16. 6.2.1.3 Costs Exceeding Estimated Compensation. Except as allowed under 5.2.1, when the total cost of the original scope Construction Phase and Project Documentation Services exceeds the negotiated compensation for these services, the OWNER shall pay only for the direct costs incurred in excess of the estimated compensation. These costs consist of an amount equal to the ENGINEER'S Direct Labor Cost times a factor of 2.5826 for services rendered which shall include Direct Labor, the federally audited payroll Direct Labor Overhead, and General & Administrative Overhead costs, but shall not include any allowance for profit. 6.2.2. Reimbursable Expenses, as defined in section 7.4 of this Agreement, for Basic Services and Approved Additional Services shall be paid to the ENGINEER by the OWNER in the actual amount of the costs incurred up to an amount not to exceed $ 8 378.00 which includes $ 0.00 for consultants employed by the Engineer and $ 8 378.00 for all other reimbursable expenses. The estimated reimbursable expenses are identified in Exhibit " C ". 6.2.3. Failed Test Expenses. The ENGINEER shall maintain and provide to the OWNER, a record of the costs associated with failing quality control tests performed for the OWNER during the course of the construction of the project and recommend an amount the OWNER deduct from the contractor(s) payments. 6.2.4 The OWNER shall pay an amount for Additional Services rendered by the ENGINEER and approved in writing by the OWNER on the basis of the ENGINEER'S Direct Labor Costs times a factor of 2.970 , or an amount otherwise negotiated at the time such services are requested and approved by the OWNER. ARTICLE 7 -MEANING OF TERMS 7.1 AGREEMENT As used herein the term "this Agreement" refers to the contents of this document and its Exhibits attached hereto and referred to as if they were part of one and the same document. 7.2 CONSTRUCTION COSTS The construction cost of the entire Project (herein referred to as "Construction Cost") means the total cost to OWNER of those portions of the entire Project designed and specified by ENGINEER, but it will not include ENGINEER'S compensation and expenses, the cost of land, rights-of--way, or compensation for or damages to, properties unless this Agreement so specifies, nor will it include OWNER'S legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the Project or the cost of other services to be provided by others to OWNER. 7.3 DIRECT LABOR COSTS Direct Labor Costs used as a basis for payment mean the actual salaries and wages paid to all ENGINEER'S personnel engaged directly on the Project, including, but not limited to, engineers, architects, surveyors, designers, drafters, specification writers, estimators, other technical and business personnel; but does not include indirect payroll related costs or fringe benefits. For the purposes of this Agreement the principals and employees of the ENGINEER maximum billable Direct Labor Costs are: Principals Project Manager Senior Engineer Staff Engineer Senior Technicians CADD Drafter Technicians Construction Inspector Surveyor Clerical 7.4 REIMBURSABLE EXPENSES $ 46 88 (Wacker) /hour $ 36 06 (Cavanaugh) /hour $ 32 09 (Venner) /hour $ 27 40 (Moneoven) /hour $ 21 63 (N Belll /hour $ 19 47 (Deutsch) /hour $ 21 63 (Knuth) /hour $ 23 20 (King) /hour $ 31 25 (Starkl /hour $ 17 31 (Loobeyl /hour Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER'S independent professional associates or consultants directly in connection with the Project, such as expenses for: transportation and subsistence incidental thereto; obtaining bids or proposals from Contractor(s); subsistence and transportation of Resident Project Representatives and their assistants; toll telephone calls and telegrams; reproduction of reports, Drawings, Specifications, Bidding Documents and 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 employed by ENGINEER and authorized by OWNER (other than as an authorized Additional Services) and will also include expenses incurred for computer time and other specialized equipment, including an appropriate charge for previously established programs and expenses of photographic production techniques. ARTICLE 8 -PAYMENT PROVISIONS g.l TIMES OF PAYMENTS. ENGINEER may submit monthly statements for Basic Services and approved Additional Services rendered and for Reimbursable Expenses incurred; however, payments shall not exceed the ceilings provided in 6.1 and 6.2. Final payment shall be made only after acceptance of the project by the OWNER. If OWNER disputes the amount of the billing, OWNER will notify the ENGINEER in writing within ten (10) calendar days of the receipt of bill of the dispute. g.2 REQUESTS FOR PAYMENT. Each request for payment shall include a documentation summary of the period incremental man hours incurred, direct labor rates and billed rates, detail of reimbursable costs, total period billing, and total cumulative billing. When requested by OWNER services for distinct project segments shall be accounted and billed separately. 8.3 PAYMENT UNDER TERMINATION. In the event of termination by the OWNER upon the completion of any phase of the Basic Services, progress payments due ENGINEER for services rendered through such phase shall constitute total payment for such services. In the event of such termination by OWNER during any phase of the Basic Services, ENGINEER also will be reimbursed for the charges of pre-approved independent professional associates and consultants employed by ENGINEER to render Basic Services, and paid for services rendered during that phase on the basis of the payment provisional Serv cesgand unpaidlRehmbursable Expenses wh ci hl arer authori ed under this agreementr unpaid pre- approved Addrtrona ARTICLE 9 -GENERAL CONSIDERATIONS 9.1 TERMINATION OF AGREEMENT 9.1.1 The sole right is hereby reserved to the OWNER to terminate this Engineering Agreement for any and all causes or for its convenience at any time upon fifteen (15) days written notice to the ENGINEER. 9.1.2 If termination for default is effected by the OWNER, an equitable adjustment in the price provided for in this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the ENGINEER at the time of termination maybe adjusted to cover any additional costs to the OWNER because of the ENGINEER's default. If termination for convenience is effected by the OWNER, the equitable adjustment shall include a reasonable profit, as determined by owner, for services or other work performed. The equitable adjustment for any termination shall provide for payment to the ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the ENGINEER relating to commitments which had become firm prior to the termination. 9.1.3 Upon receipt of a termination action under paragraph 9.1.2, the ENGINEER shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the OWNS and such other information and matelriadatas mayghave been accumulat d by the ENGINEERin summane performing this Agreement, whether completed or in process. 9.1.4 In the event this Contract is terminated prior to completion, the original copies of the ENGINEER'S data, recommendanatnonshall be delivered to~and becomethe property o fhe OWNERepared by the ENGINEER pnor to Bard 9.1.5 Upon termination, the OWNER may take over the work and may award another party an Agreement to complete the work under this Agreement. 9.1.6 OWNER'S right to terminate is in addition to any other remedies OWNER may have under the law. 10 9,2 INSPECTION AND AUDIT All books, papers, records, payrolls, vouchers and invoices relating to costs and expenditures incurred as to the performance of the services by the ENGINEER hereunder shall be made available to the OWNER, or their authorized representatives for audit and review, at the ENGINEER'S respective offices at all reasonable times during the contract period and for three years from the date of final payment. 9.3 EMPLOYMENT The ENGINEER warrants that he has not employed or retained any company or persons, other than a bona fide employee, working solely for the ENGINEER, to solicit to secure this contract, and that he has not paid or agreed terse tane company or person, other than bona fide employees working solely for the ENGINEER, any fee, commission, p g brokerage fee, gifts or any other considerations contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the OWNER shall have the right to annul the Contract without liability or in its discretion to deduct from the price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. All employees of the ENGINBdERnorlot ees of the ENGINEER only and not off theaOWNER. rk or services required by the ENGINEER shall be considere p y 9.4 NONDISCRIMINATION The ENGINEER will not discriminate on the basis of race, color, religion, creed, political ideas, sex, age, marital status, national origin or disabilithts Act of 1964 ~ Sect on1140 f Title 2 s Un ted States Codeh and all regulations p omu gated Title VI of the Civil Rig thereunder. 9.5 SUBLETTING OR ASSIGNING OF WORK The ENGINEER shall not sublet or assign any of the work covered herein without prior written approval of the OWNER. 9.6 STANDARD OF CARE In providing services under this agreement, the ENGINEER will perform in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any service should be found to be not in conformance with this standard, the ENGINEER shall, at the OWNER's request, re- perform the service at its own expense. Engineer shall also, at its own expense, make such changes, modifications or additions to the project which are made necessary as a result of the initial non-performance or the re-performance of services. The OWNER's rights herein are in addition to any other remedies the OWNER may have under the law. 9.7 LEGAL RELATIONS: 9.7.1 The ENGINEER shall, consistent with the standard care, comply with those Federal, State, and Local laws and ordinances applicable to the work to be done. 9,7.2 The ENGINEER agrees to defend, indemnify and hold harmless the OWNER, its officers, directors, agents and employees from and against any suit, cause of action, claim, cost, expenses, obligation and liability of any character, including attorney's fees, which is brought or asserted for any bodily injury, death, or physical 11 damage to property received or sustained by any person, persons, property, business or any other entity, arising out of or resulting from, or in connection with the ENGINEER'S negligent performance of the work specified in this agreement. 9.7.3. The ENGINEER agrees to defend, indemnify and hold harmless the OWNER, its officers, directors, agents and employees, should OWNER, its officers, directors, agents or employees be named as a defendant in any action where the OWNER'S alleged liability arises from the negligent performance of the ENGINEER'S work herein described. The obligations of the ENGINEER to defend, indemnify and hold harmless the OWNER will apply to any suit, cause of action, claim, cost or obligation including, without limitation, those alleged under the common law or pursuant to a federal or state statute or regulation including those arising in tort, trespass, nuisance, and strict liability. 9.7.4 In the event the OWNER is found proportionately responsible for any damages ultimately awarded to a plaintiff or plaintiffs in any lawsuit, the ENGINEER will be responsible for only those damages, costs, or liabilities as are attributable to the ENGINEER'S percent of fault as compared with 100% of the fault giving rise to the damages. Should the OWNER be found responsible for negligence by its own officers, directors, agents or employees, then in that event the OWNER agrees to reimburse the ENGINEER for the reasonable attorney's fees and costs incurred in any defense of the OWNER in an amount proportional to the fault attributed to the OWNER. The indemnity required herein shall not be limited by reason of the specification of any particular insurance coverage in this Agreement. 9.7.5 Should either OWNER or ENGINEER be held responsible, for any damages, costs or liabilities resulting from intentional misconduct by any officer, director, agent or employee in connection with the work specified in this Agreement, then in that event, that party shall defend, indemnify and hold harmless the other as to any damages, costs or liabilities that result from or arise out of that intentional misconduct, including reasonable attorney's fees and costs which shall include costs and salary of the city attorney or other in-house counsel. Further, notwithstanding the obligations set forth in paragraphs 9.7.2 and 9.7.3 above, the ENGINEER agrees to defend OWNER where the OWNER'S alleged liability arises from intentional misconduct by the ENGINEER. Should the OWNER be found responsible for intentional misconduct by its own officer, director, agent or employee, then OWNER agrees to reimburse ENGINEER for the reasonable attorney's fees and costs incurred in any defense of the OWNER. 9.7.6 The ENGINEER shall perform this agreement as an independent contractor, and as such, is responsible to the OWNER only as to the results to be obtained in the work herein specified, and to the extent that the work shall be done in accordance with the terms, plans and specifications. The ENGINEER shall have and maintain complete control over all of its employees, subcontractors, agents and operations, being responsible for any required payroll deductions and providing required benefits, such as, but not limited to worker's compensation with statutory limits, and unemployment insurance. 9.8 INSURANCE The ENGINEER shall secure and furnish to the OWNER certificate of insurance, therein, naming the OWNER as an additional insured, to include thirty (30) days notice of cancellation ornon-renewal. Without limiting any of ENGINEER'S obligations hereunder, ENGINEER shall secure and maintain, until the work is completed and accepted by the OWNER, insurance coverage naming the OWNER as additional insured with minimum insurance coverage as follows: 12 Twe of Coverage EmRloyers' Liabilitv: General Liabilitv: Bodilv Iniury &Propertv Damage Single and combined General Aggregate: Excess Liabilitv Coverage (umbrella Automobile: Bodilv Iniurv covering all automobiles, trucks, tractors, trailers, or other automotive equip- ment whether owned or rented by Engineer or owned by employees of Engineer. Propert~Damage covering all automobiles, trucks, tractors, trailers or other automotive equipment whether owned or rented by Engineer or owned by employees of Engineer OR Limits $ ] 00.000. per accident $ 1,000,000. per accident $ 2,000,000. $1,000.OOO.each occurrence $ 1,000,000 each person $ 1,000,000 each occurrence 1$ 00,000 each occurrence Bodilv Iniurv &Propertv $1,000,000 each occurrence Dama a Single and combined In addition to the above insurance coverage, the ENGINEER shall secure secure and maintain, until the work is completed and accepted by the OWNER, and without naming OWNER as an additional insured, professional errors and omissions coverage as follows: Professional Errors & Omissions: $ 1,000,000 per claim and aggregate each occurrence 9.9 ENDORSEMENT The ENGINEER shall place his endorsement on all drawings and other data furnished by him. 13 9.10 OWNERSHIP OF DOCUMENTS The parties admit and agree the documents produced under this agreement are not intended or represented to be suitable for reuse by OWNER or any other individual on any other project. Any reuse without written verification or adaptation by ENGINEER will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER's independent professional associates or consultants. Files in electronic media format of text, data, graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of owner. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. 9.11 PUBLIC INFORMATION The ENGINEER shall not issue any statements, releases or information for public dissemination without prior approval of the OWNER. 9.12 PROPRIETARY RIGHTS If patentable discoveries or inventions should result from work required herein, all rights accruing from such discoveries or inventions shall be joint property of the ENGINEER and the OWNER. Provided that the OWNER, state agencies or political subdivisions and the United States Government shall have the irrevocable, nonexclusive, nontransferable and royalty-free license to use each invention in the manufacture, use and disposition, according to law, of any article or material, and in the use of any method that maybe developed as part of the work described and contemplated herein. 9.13 RECORDS The ENGINEER shall maintain accounting records and other evidence pertaining to the cost incurred and to make the records available at all reasonable times during the Contract term and for one (1) year from the date of final payment. Such accounting records and other evidence pertaining to the cost incurred will be made available for inspections by OWNER. 9.14 SUCCESSORS IN INTEREST The covenants, agreements and all statements in this Contract apply to and shall be binding on the heirs, personal representatives, successors and assigns of the respective parties. 14 9.15 ATTORNEY'S FEES AND COSTS That in the event it becomes necessary for either Party of this Contract to retain an attorney to enforce any of the terms or conditions of this Contract or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 9.16 MODIFICATIONS AND AMENDMENTS That any amendment or modification of this Contract or any provisions herein shall be made in writing or executed in the same manner as this original document and shall after execution become a part of this Contract. In witness Whereof, the Parties hereto do make and execute this Agreement. CITY OF BOZEMAN, MONTANA ENGINEER l BY: ~ BY: (City Manager) (Vice President) DATE: ~ ~q ATTEST: BY: (City Cle k DATE: ~ ~~ 16 EXHIBIT A TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES ENGINEER'S STATUS DURING CONSTRUCTION his 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 (ENG E R) providing for professional engineering services. ARTICLE 10 -ENGINEER'S STATUS DURING CONSTRUCTION 10.1. OWNER'S REPRESENTATIVE ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. 10.2. VISITS TO THE SITE ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER's greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design professional, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. 10.3. PROJECT REPRESENTATION If OWNER and ENGINEER agree, ENGINEER will firrnish a Resident Project Representative to assist ENGINEER in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in EXHIBIT B, A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE. 10.4. CLARIFICATIONS AND INTERPRETATIONS ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in the General Provisions of the construction Contract Document. 10.5. AUTHORIZED VARIATIONS IN WORK ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in the General Conditions of the Construction Contract. 10.6. REJECTING DEFECTIVE WORK ENGINEER will have authority to disappro~ion or t st Wof the Wo k as provEded in the GeneralProvi ions of the also have authority to require special mspec g construction Contract Document whether or not the work is fabricated, installed, or completed. 10.7. SHOP DRAWINGS, CHANGE ORDERS AND PAYMENT 10.7.1. The ENGII•TEER's respon sibo f tty foori ~ctD ri ~g~aCt Document shall comply with the shop drawing provisions of the General Provision 10.7.2. The ENGINEER'S responsib tion C retract Document. shall comply with the change order provisions of the General Provisions of the construc 10.7.3. The ENGINEER'S responsibilities for contractor's Application for Payment shall comply with the payment provisions of the General Provisions of the construction Contract Document. 10.8. DETERMINATIONS FOR UNIT PRICES ENGINEER will determine the actual quantities and classifications of Unit Price Wora to errrun ores on CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER'S preliminary hcation for such matters before rendering a written recommendation thereon (by recommendation of an App Payment or otherwise) to OWNER. 10.9. DECISION ON DISPUTES 10.9.1. ENGINEER will breunder.~tClaims,Tdisputes and otherumatters rel ting~o the accept bilitysof thelWork or the acceptability of the Work the interpretation of the requir Condit ores of the Con D u t onnC ntractn n gespect of hangesc n thef Contract Price or Coontract claims under The General Time will be refereed iniEER willEendelr m writing within a reasonablestime. W~i ten notice of eachcsuch claim, dispute paragraph, which ENGIN and other matter shall be promptly reported and copied to the OWNER. 10.9.2. When functioning and willnot be liablepn corm ction with anyOncerpre ttioln oEdecisilon rendered in goodtfaith OWNER or CONTRALTO in such capacity. or otherrmatter wll beta condEion precedent to anyte erciserby OWNER or CONTRACTOR of such such claim, disput rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect o any such claim, dispute or other matter. 2 10.10. LIMITATIONS ON ENGINEER'S RESPONSIBILITIES 10.10.1. Neither ENGINEER'S authority to act under this Article or elsewhere in the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR, any Sub-contractor, any Supplier, or any other person or organization performing any of the Work, or to any surety for any of them. 10.10.2. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 4.5.3. EXHIBIT B TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE. This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made o ~~ between CITY OF BOZEMAN (OWNER) and ROBERT PECCIA AND AS OCIA S (ENGINEER) providing for professional engineering services. ARTICLE 11 - DUTIES RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE ENGINEER shall furnish a Resident Project Representative (RPR), assistants and other field staff to assist ENGINEER in observing performance of the work of Contractor. Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the RPR and assistants, ENGINEER shall endeavor to provide further protection for OWNER against defects and deficiencies in the work of CONTRACTOR; but, the furnishing of such services will not make ENGINEER responsible for or give ENGINEER control over construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or responsibility for CONTRACTOR'S failure to perform the Work in accordance with the Contract Documents and in particular the specific limitations set forth in section 4.5 of the Agreement are applicable. The duties and responsibilities of the RPR are limited to those of ENGINEER in this agreement and in the construction Contract Documents, and are further limited and described as follows: 11.1. GENERAL RPR is ENGINEER'S agent at the site, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding RPR's actions. RPR's dealings in matters pertaining to the on-site work shall in general be with ENGINEER and CONTRACTOR keeping OWNER advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. RPR shall generally communicate with OWNER with the knowledge of and under the direction of ENGINEER. 11.2. DUTIES AND RESPONSIBILITIES OF RPR 11.2.1. Schedules: Review the progreconsult with~ENGINEER con erring accept bil tyals and schedule of values prepared by CONTRACTOR and 11.2.2. Conferences and Meetings: Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and the project-related meetings, and prepare and circulate copies of minutes thereof. 11.2.3. Liaison: 11.2.3.1. Serve as ENGINEER'S liaison with CONTRACTOR, working principally through CONTRACTOR'S superintendent and assist in understanding the intent of the Contract Documents; and assist ENGINEER in serving as OWNER'S liaison with CONTRACTOR. 1 11.2.3.2. Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work. 11.2.4. Shop Drawings and Samples: 11.2.4.1. Record date of receipt of Shop Drawings and samples. 11.2.4.2. Receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of availability of samples for examination. 11.2.4.3. Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring Shop Drawing or sample if the submittal has not been approved by ENGINEER. 11.2.5. Review of Work R~ection of Defective Work, Inspections and Tests: 11.2.5.1. Conduct on-site observations of the Work in progress to assist ENGINEER in determining if the Work is in general proceeding in accordance with the Contract Documents. 11.2.5.2. Report to ENGINEER whenever RPR believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 11.2.5.3. Verify that tests, equipment and systems startup and operating and maintenance training are conducted in the presence of appropriate personnel, and the CONTRACTOR maintains adequate records thereof; and observe, record and report to ENGINEER appropriate details relative to the test procedures and startup. 11.2.5.4.Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to ENGINEER. 11.2.6. Interpretation of Contract Documents: Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER. 11.2.7. Modifications: Consider and evaluate CONTRACTOR's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to ENGINEER. Transmit to CONTRACTOR decisions as issued by ENGINEER. 11.2.8. Records: 11.2.8.1.Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. 11.2.8.2.Keep a detailed and accurate diary or log book, recording CONTRACTOR hours on the job site, weather conditions, prime and subcontractor daily work force, daily log of equipment onsite or on standby, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and 2 specific observations in more detail as in the case of observing test procedures; and send copies to ENGINEER. 11.2.8.3.Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of materials and equipment. 11.2.9. Reports: 11.2.9.1.Furnish ENGINEER periodic reports as required of progress of the Work and of CONTRACTOR's compliance with the progress schedule and schedule of Shop Drawing and sample submittals. 11.2.9.2.Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. 11.2.9.3.Draft proposed Change Orders and Work Directive Changes, obtaining backup material from CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes, and Field Orders. 11.2.9.4.Report immediately to ENGINEER and OWNER upon the occurrence of any accident. 11.2.10. Payment Requests: Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 11.2.11. Certificates Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work. 11.2.12. Completion: 11.2.12.1. Submit to CONTRACTOR, and ENGINEER a list of observed items requiring completion or correction before ENGINEER may issue a Certificate of Substantial Completion. 11.2.12.2 Assess completion or correction of items noted under 11.2.12.1, advise ENGINEER on their status, and make recommendation to Engineer regarding issuance of a Certificate of Substantial completion. 11.2.12.3. Conduct final inspection in the company of ENGINEER, OWNER, and CONTRACTOR and prepare a fmal list of items to be completed or corrected. 11.2.12.4. Observe that all items on fmal list have been completed or corrected and make recommendations to ENGINEER concerning final acceptance. 11.3. LIMITATIONS OF AUTHORITY Resident Project Representative: 11.3.1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipments, unless authorized by ENGINEER. 11.3.2. Shall not exceed limitations of ENGINEER'S authority as set forth in the Agreement or the Contract Documents. 11.3.3. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or CONTRACTOR's superintendent. 11.3.4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 11.3.5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 11.3.6. Shall not accept Shop Drawing or sample submittals from anyone other than CONTRACTOR. 11.3.7. Shall not authorize OWNER to occupy the Project in whole or in part. 11.3.8. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by ENGINEER. 4 RPM Exhibit "C" Scope of Services For West College Street and South 11th Avenue Intersection Project Robert Peccia and Associates (Engineer) and its sub-consultants (SK Geotechnical and an appraiser to be subcontracted) agree to furnish professional engineering and appraisal services for the College Street and South 11th Avenue Intersection Project. Services will be completed in accordance to phases contained in Article 4 -BASIC ENGINEERING SERVICES, of the Professional Services Agreement. These services will include multiple tasks to complete the work phases. In general, the work phases consist of Pre- Design Investigation, Preliminary Design, Final Design, Bidding, and Construction Inspection and Administration. Project specific work is further outlined below and in the fee proposal made a part of Exhibit "C". Changes to the indicated scope of services shall be subject to renegotiation and implementation through a subsequent contract amendment. Major work element tasks are as follows. Pre-Design Phase. RPA will complete pre-design coordination with the city of Bozeman and all other entities of interest to the Project's design as requested by the City. a) RPA will coordinate with Montana State University (MSU) due to the intersection's location, identified property impacts, the utility corridor, and the need for staff/student information outreach. b) The Montana Department of Transportation (MDT) will be involved as the Project is on MDT's urban route system. MDT's involvement will primarily be through its Traffic Engineering Department with oversight on the proposed roundabout's geometric layout. c) Coordination will also include Northwestern Energy as a result of their property interest and substation operation in the northwest corner of the intersection. d) RPA will also coordinate with Brian Walsh. Mr. Walsh is an engineer with the Washington State Department of Transportation, and is considered instrumental in roundabout development for that agency. It is intended that Mr. Walsh will complete an initial peer review of RPA's preliminary roundabout design. The City requested RPA to have this peer review completed. e) The project specific scope of services includes a RPA review of the Intersection Improvements Study dated June 2008. The study was completed Page 1 of 1 by Morrison Maierle, Inc., which provided an alternative analysis of reconstructing the intersection from its present four-way stop control to a signalized or roundabout configured intersection. At the request of the City, RPA will review the study in effect as a peer review to confirm the conclusions that the proposed roundabout's traffic analysis is correct, with no fatal flaws (e.g. accurate projected design-year LOS), prior to intensive geometric design. The scope of services is to review the document with no further traffic counts or other traffic fieldwork being undertaken. As part of the process, RPA recommends having a copy forwarded to Mr. Walsh, Washington DOT, to aid in his peer review. 2. Preliminary Design. This phase will consist of gathering the necessary background data and developing preliminary plans, specifications and a construction estimate for the project. It will include an appropriate amount of coordination with the City, MDT, MSU Facilities Planning, MSU Utilities Department, and Northwestern Energy. Coordination will include having a peer review completed by Mr. Brian Walsh as further described below. Preliminary Design will culminate with a public informational meeting. a) RPA's surveyors will set project horizontal and vertical control for design purposes and construction reference. Control will be tied to city of Bozeman datum. Control will be set by semi-permanent RPA monuments in locations set in an effort to remove them from potential disturbances during construction. b) RPA will coordinate with the city of Bozeman, MSU and Northwestern Energy to obtain as-built information. Primarily, as-built documents will be of buried utilities. These will be reviewed and compared to as utility locates are called in, in preparation for completing utility surveys. c) After control is set, RPA will survey topographical features of the intersection area with limits generally set by the preliminary conceptual layout contained in the Intersection Improvements Study. The topographic survey will generally serve as the basis for preparing the design base map. d) Utility services will consist of a two-phase process. RPA's surveyors will complete a Phase I above ground survey of all utilities marked in the one-call locate process. This survey will be added to the mapping. As design progresses in which vertical features become developed, RPA will also complete a nominal amount of Phase II surveys. This Phase II Subsurface Utility Engineering (SUE) process will accurately identify elevations of buried utilities that questionably could be impacted by the project, thereby allowing for RPA designers to design around the utility if at all possible. RPA is including eight (8) subsurface utility locates under this scope of services. Depending on the magnitude of utilities identified in the Phase I process, more or less subsurface locates may need to be undertaken. The proposed eight (8) surveys include site work needed for geotechnical reconnaissance, further described in subpart (f) below. e) MDT right-of--way and City records will first be researched to accurately document public right-of--way and ownership boundaries prior to completing Page 2 of 2 property surveys. RPA proposed to have title commitments prepared by a local title and abstract company for each corner property. These documents will provide all title information and note encumbrances to be cleared during the acquisition process. Title commitments are a very cost-effective means of completing records research and obtaining assurance of free and clear title during right-of--way acquisition. f) RPA's subconsultant, SK Geotechnical, will complete limited geotechnical explorations and analysis. SK Geotechnical's proposed scope of services is attached and included as part of this Exhibit "C". Evaluations will be finalized by the preparation of a geotechnial report including the roundabout's proposed pavement design. To limit costs, the general services to be performed include obtaining and classifying soil samples retrieved during the RPA Phase II SUE work. In this process, project costs can be reduced by not mobilizing a drill rig and crew specifically for soil borings. The geotechnical report will include a surfacing design and subgrade improvements recommendations, if applicable, based on historical knowledge of the area and the limited testing to be undertaken. The pavement design will be developed based on design-year ESAL projections provided by the City or MDT. g) Once the initial surveys are complete with a reasonable amount of mapping, RPA will develop the roundabout's preliminary geometric layout. The layout will be based on current design practices recognized as MDT interim standards. The preliminary layout will be fully coordinated through with the MDT. RPA proposes to complete the project design with MicroStation as the drafting software, coupled with GeoPak as the design software. Both of these softwares are the only ones used by MDT. Using these softwares will provide efficient document transfer and MDT reviews. However, electronic files submitted to the City will be AutoCADD translated from MicroStation, along with Adobe .pdf sheets. We understand MDT will review the geometrics for such items as the appropriateness of approach deflections, sight distance, design vehicle tracking, and circulatory, entrance and exit design speeds. Reviews will primarily be through the MDT Traffic Bureau (Helena) staff, and will include coordination with the MDT Bozeman area office as necessary. h) RPA will also have a peer review completed by Brian Walsh, of the Washington DOT. Mr. Walsh's comments will be documented and incorporated into a revised layout. i) As soon as preliminary geometric reviews are completed, comments will be incorporated into the design. The intent at this point is to progress the layout to a point in which preliminary right-of--way can be identified to initiate easement procurement discussions. j) As soon as preliminary right-of--way is reasonably set, RPA will prepare exhibits with legal descriptions. These will be reviewed and approved by the City before their use in coordinating and distributing to MSU to initiate right- of-way negotiations. The exhibits and legal descriptions will be distributed at the soonest possible date to MSU Facilities Planning to allow for their recommendation of approval prior to being submitted to the MSU President Page 3 of 3 for approval. Afterwards, the proposed easement will be set on the agenda for the Board of Regents approval. RPA will also prepare exhibits and legal descriptions for the City's use for right-of--way negotiations with Northwestern Energy and Joe Colombo. k) Preliminary hydraulic analysis and proposed storm drainage modifications will be developed as part of the preliminary plan development. 1) After initial geometric reviews, RPA will prepare a preliminary design package assembled with the roundabout design drawings, details, specifications and estimate. The preliminary design will include initial designs on signage, striping, hydraulics and intersection lighting. This package will be submitted to all entities entitled to review and be a part of the preliminary plan review meeting as requested by the City. With the assistance of the City, RPA will help arrange a preliminary plan review meeting. RPA will complete the meeting minutes to serve as a design report reference. m) After the review meeting, arrangements will be made to hold a public informational meeting. RPA will prepare displays and provide a presentation outlining the design and project schedule. n) Additional public outreach beyond the one informational meeting will be required. Potential services identified in the project's pre-contract scoping meeting include using (distributing) promotional material available from MDT, running informational advertisements on the local TV network, photo simulations, newsletters, and web pages linked between MSU, MDT and the City. It is understood that MSU will complete faculty and student outreach activities with some assistance needed by RPA and the City in providing documentation. Public outreach will begin in the Preliminary Design Phase and continue through Final Design and Construction. 3. Final Design. This phase will include completing the development of the preliminary design resulting in a Final Contract Package ready for advertisement. It will include continued coordination with affected entities, public outreach, and easement acquisition. a) RPA understands that the current scope of work includes the City completing easement negotiations and acquisition. This work will be undertaken just as soon as preliminary design and development is reasonably set. As such, right- of-way negotiations will start under the Preliminary Design Phase, but will likely conclude in this Final Design Phase. RPA's services will however include preparing property appraisals for acquisition from MSU and Northwestern Energy and an appraisal review of the Joe Colombo parcel. In addition, RPA will prepare all easement exhibits and legal descriptions suitable for the City's use in negotiating and recording the land transfer. An appraiser as a subconsultant to RPA will be assigned. The City will approve the subcontracted appraiser before commencing work. The intent is that the assigned appraiser will complete the work within the budgeted fees requested by the City. b) Final plans, specifications and estimate will be prepared based on the preliminary review meeting. During final design, we understand that the final Page 4 of 4 landscaping concepts for the roundabout center island will be arranged. At this time, the understanding is that MSU will maintain the island after construction. In addition, MSU will provide final recommendations on landscaping, subject to appropriate safety criteria, sight distance, etc. RPA is not including landscaping and irrigation design in the scope of services, but will develop the basic center island contour grading plan and include an irrigation stub-out into the island as part of the design, useable for MSU to develop their final landscaping arrangements. c) The final plans review meeting will be arranged. Final plan review comments will be incorporated to firm up details, construction contract conditions and project specifications. d) To provide safe and efficient traffic flow during construction, RPA will work with the City to develop the proposed traffic control and work sequencing to be conducive to the traffic control sequence of the S 19t" Avenue reconstruction project. Final traffic control special contract language will be included in the specifications to promote continuity between these separate projects. e) At this time, environmental clearances and permitting appear to be straightforward. The project will likely require completing MDEQ Notice of Intent and Stormwater Pollution Prevention Plan. Besides storm drain adjustments, there is no anticipation of in channel work requiring Fish, Wildlife and Parks or U.S. Army Corps of Engineer permitting. As such, we anticipate environmental clearances to be minimal. No environmental document (e.g. Categorical Exclusion) is proposed under this scope of services. 4. Bidding Phase. This phase will involve advertising and awarding the contract package. a) RPA will assist the City in developing the proposed advertising schedule. The City will complete the advertising. b) Questions or clarifications arising during the pre-bid phase will be handled by RPA. Addendums will be issued as necessary. c) RPA will maintain a complete planholder's list, and make arrangements for placing contract documents in the appropriate builder's exchanges. d) A pre-bid conference will be scheduled and held as arranged by RPA through consultation with the City. e) RPA will attend the bid opening. The City will complete the bid opening. RPA will review the bids for errors or omissions and confirm the lowest apparent bidder with a recommendation of award. f) The contract execution will be facilitated through RPA with review of insurance certificates and distribution of remaining sets of needed contract plans and specifications. 5. Construction Inspection and Administration. Under the construction phase, RPA's project manager and assigned resident inspector(s) will be responsible for construction monitoring, inspection, and quality assurance and quality Page 5 of 5 control testing not otherwise assigned to the contractor. We will verify the construction is completed in compliance with the construction contract documents. a) In general, RPA's responsibilities will follow suit with the standard practices of the bid document's general conditions and the Article 4.5 of the Professional Services Agreement of which this exhibit is made a part. b) Quality Assurance (QA) testing completed by RPA typically includes embankment, subgrade, backfill, pipe bedding, and base course aggregate moisture/density control, surface smoothness, etc. Asphalt concrete testing and other material tests are a specialty service requiring technical expertise and qualifications of a certified laboratory. These specialty material tests and their associated costs will be made a part of the Contractor's QA responsibilities by special provision. c) Public outreach activities will be included under the Construction phase by RPA, albeit limited to coordination only. Instead, the Contractor, based on their operations, will be required to post weekly updates with the City and emergency services. The Contractor's public outreach will be posted by the City on their web site. We understand from the pre-contract meeting arranged with Ms. Susan Stodola, P.E., city of Bozeman Project Engineer, that the desirable construction date is to have the project substantially complete prior to the start of MSU's 2009 autumn semester registration (August 26, 2009). RPA will make all efforts to maintain this schedule. However, it is recognized that this schedule presents many potential overrun issues that are essentially outside the control of RPA's services. These are most notably outside entity and agency review and coordination timelines, and right-of--way procurement. Our schedule is attached with the intent and desire of meeting the requested timeline. RPA's fee proposal for design and construction administration services is also attached, within it of which is included our identified subconsulting costs. Page 6 of 6 r~ S GEOTECHNICAL January 6, 2009 Mr. Tom Cavanaugh, PE Robert Peccia & Associates Via Email: tom@rpa-hln.com Dear Mr. Cavanaugh Proposal P-8200R1 Re: Proposal for a Pavement Geotechnical Evaluation, Proposed Roundabout, Intersection of College Street and 11th Avenue, Bozeman, Montana As you requested on January 5, 2009, we are pleased to furnish this proposal for a pavement geotechnical evaluation for the above-referenced site. We will furnish the services described for a lump sum of $3,387 in accordance with our attached scope of services and General Conditions. For informational purposes, a breakdown of our costs is shown on the attached sheet. If additional services are needed, we will contact you for additional authorization. Current scheduling would permit us to begin the fieldwork within one week after authorization to proceed. We anticipate the fieldwork performed with the Phase 2 utility locates will take one day. Approximately three to four weeks (CBR tests take two weeks) will then be required for laboratory testing and preparation of the engineering report, unless there are delays due to circumstances beyond our control. We appreciate the opportunity to present this proposal. If you have any questions, please contact us at your convenience. Sincerely, G:~^~ Chad C. Binstock Senior Engineering Assistant Gregory T./Staffileno, PE Principal, Geotechnical Engineer Attachments: Proposed Scope of Services Signature Page Cost Estimate Worksheet General Conditions e=~uNSa skgeorechnical.com MIr3>sOU1.A 2611. Gabel Ruad P.O. Box 80190 Blllfngs, MT 59108-0290 L P 406.652.3930 F 406.632.3944 4041 Whippoorwill Drive P.O, Bax 16123 Missoula, MT 598D8-6123 i-P 406.721.3391 F 406.721.6233 Robert Peccia & Associates January 6, 2009 Proposal P 8200R1 Page 2 Proposed Scope of Services Description of Project The purpose of the pavement geotechnical evaluation is to assist Robert Peccia & Associates in designing the pavement sections for traffic volumes and construction equipment, as well as in preparing plans and specifications for construction of the proposed roundabout. It is our understanding a new roundabout will be constructed at the intersection of College Street and 11th Avenue. Improvement will extend about 100 feet beyond the intersection for each leg. The area appears to have significant overhead and underground utilities present. We have assumed we will be provided with a to-scale site plan showing the location of the proposed intersection improvements prior to the fieldwork. We have assumed we will also be provided with design ESALs for the intersection. We have also assumed we will be notified several days in advance of the Phase 2 utility locates, so our field engineer can be present. Scope of Services We propose to provide a field engineer to observe and possibly test the holes excavated through the existing pavement for the Phase 2 utility locates. As the vacuum excavations are performed, our field engineer will visually classify and log the holes to a depth up to 6 feet. Some penetrometer tests may be performed, depending on frost depth, to assist in evaluating subgrade strength. Some bag and tube samples may be taken for laboratory strength tests. If groundwater is encountered, its depth will be recorded. Depending on the number of Phase 2 utility locate holes, some asphalt cores may be obtained from the intersection and approach legs of College Street and 11th Avenue. Four-inch core samples will be taken, and the pavement thickness will be measured to the nearest 1/8 inch. The samples will be returned to our laboratory and visually classified and logged by a geotechnical engineer. Some routine laboratory tests may be conducted to assist us in evaluating the strength and compressibility of the soils. Our proposed laboratory tests are summarized on the attached sheet. ABer the field and laboratory tests have been completed, the results will be analyzed and discussed with you. A geotechnical engineering report will then be prepared. The report will contain the results of the soil borings and pavement cores. Pavement thickness will be evaluated using AASHTO procedures and anticipated construction equipment. The report will also contain our recommendations for reuse of excavated material as backfill, and recommendations for compaction. One electronic copy of the report presented in GE AutoCAD sheet format will be submitted. Robert Peccia & Associates January 6, 2009 Proposal P-8200R1 Page 3 Cost Estimate We will furnish the services described for a lump sum of $3,387 in accordance with the previously described scope of services and attached General Conditions. A breakdown of this cost is shown on the attached cost estimate spreadsheet. If additional services are needed, we will contact you for additional authorization. Insurance We have not included costs for obtaining additional insurance above our current amounts. If these coverages are not acceptable, please contact us for a revised quote. If you and/or the owner would like to be listed as an Additional Insured, the cost will be $100 each. The cost for each Primary Additional Insured will be $200, and the cost for each Waiver of Subrogation is $200, if required. Utility Clearance SK Geotechnical will contact the local utilities one-call number to notify the local telephone, electric, gas, sewer, water, and cable TV companies to determine the location of underground utilities. We request that you or your authorized representative notify the SK Geotechnical project manager immediately of the presence and location of any underground objects on private property which are not the responsibility of public utilities. SK Geotechnical will take reasonable precautions to avoid underground objects. In authorizing this contract, you agree to waive any claim against SK Geotechnical and will indemnify and hold SK Geotechnical harmless from any claim of liability, injury, or loss allegedly arising from our damaging of underground objects that were not called to our attention prior to beginning the work. Robert Peccia & Associates January 6, 2009 Proposal P-8200R1 Page 4 Signature Page Re: Proposal for a Pavement Geotechnical Evaluation, Proposed Roundabout, Intersection of College Street and 11th Avenue, Bozeman, Montana We appreciate the opportunity to present this proposed contract to you. If it is acceptable to you, a copy should be signed and returned to us as written authorization to proceed. We will begin the project, in accordance with our schedule, upon receipt of your written authorization. Costs presented in this proposal are based on the assumption that the proposal will be authorized within 30 days and that the project will be completed within the proposed schedule. If the project is not authorized within 30 days, we may need to modify the cost estimate. If the project cannot be completed within the proposed schedule due to circumstances beyond our control, revising the cost estimate may be required for completion of the remaining tasks. Terms on payment for services are net within 30 days after invoicing with interest added to unpaid balances in accordance with the attached General Conditions that are a part of this proposed contract. Authorization to Proceed: Please proceed according to the described scope of services and attached General Conditions. By authorizing this proposal, you are accepting responsibility for payment of SK Geotechnical's services. Authorizer's Name (PLEASE PRINT) Authorizer's Signature Title (PLEASE PRINT) Date If this proposal is signed by anyone other than who it is addressed to, please complete the following: Company Name (PLEASE PRINT) Telephone Number Fax Number Billing Address (PLEASE PRINT) ti Pro osal for Geotechnical Evaluation S GEOTECHNICAL P Scope Field work will consist of our field engineer observing Proposal P-8200R1 pot holes excavated along the intersection during the Date 12/12/2008 phase 2 utlity locates; assume 1 day of work. Project College& 11th St. Roundabout, Bozeman, MT Client RPA Project Setup Engineer: staking/painting, drill instructions, clearing utilities, coordination 10 hr. @ $79.00 / hr. $ 790.00 Pickup truck, per mile 300 mi. @ $0.60 / mi. 180.00 Meals and lodging day @ $120.00 /day Subtotal $ 970.00 Fieldwork Truck drill rig -drilling and sampling hr. @ $155.00 / hr. Drill rig mobilization and demobilization hr. @ $115.00 / hr. Field engineer hr. @ $79.00 / hr. Traffic control day @ $1,800.00 / day Support truck, per mile mi. @ $0.85 / mi. Drill rig truck, per mile mi. @ $1.20 / mi. Meals and lodging day @ $360.00 / day Subtotal $ 0.00 Laboratory Work Engineer, sample review 2 hr. @ $79.00 / hr. $ 158.00 Moisture content 15 ea. @ $5.00 / ea. 75.00 Atterberg limits subgrade 2 ea. @ $60.00 / ea. 120.00 Atterberg limits base course 2 ea. @ $60.00 / ea. 120.00 Grain size distribution subgrade 2 ea. @ $90.00 / ea. 180.00 Grain size distribution base course 2 ea. @ $120.00 / ea. 240.00 Proctor subgrade 2 ea. @ $110.00 / ea. 220.00 CBR test subgrade 2 ea. @ $190.00 / ea. 380.00 Corrosion tests (pH, resistivity, sulfates) ea. @ $125.00 / ea. Subtotal $ 1,493.00 Analyses and Recommendations Engineer 6 hr. @ $79.00 / hr. $ 474.00 Senior Engineer 3 hr. @ $105.00 / hr. 315.00 Report generation 3 hr. @ $45.00 / hr. 135.00 Subtotal $ 924.00 Total $ 3,387.00 r~~ S GEOTECHNICAL Our agreement with you consists of these General Conditions and the accompanying written proposal or authorization. Section 1. Our Responsibilities 1.1. We will provide the professional services specifically described in our written agreement with you. You agree that we aze not responsible for professional services that are not fairly included in our specific undertaking. Unless otherwise agreed in writing, all of our record findings, opinions, and recommendations will be provided to you in writing. You agree not to rely on oral findings, opinions, or recommendations without our written approval. 1.2. In performing our services, we will use that degree of caze and skill ordinazily exercised under similar circumstances by reputable members of our profession practicing in the same locality. If you direct us to deviate from our recommended procedures, you agree to hold us harmless from all claims, damages, and expenses azising out of your direction. 1.3. There is an inherent risk that samples or observations may not be representative of things not sampled or seen and, further, that conditions may change over time and across sites. We will reference our field observations and sampling to available reference points. We will not survey, set, or check the accuracy of those points unless we accept that duty in writing. 1.4. Our duties do not include supervising your contractors or commenting on, overseeing, or providing the means and methods of their work, unless we accept such duties in writing. We will not be responsible for the failure of your contractors to perform in accordance with their undertakings, and the providing of our services will not relieve others of their responsibilities to you or to others. 1.5. We will provide a healdr and safety program for our employees, but we will not be responsible for contractor, job, or site health or safety. Section 2. Your Responsibilities 2.1. You will provide access to the site. We will use reasonable care to minimize damage to the site. In the course of our work, some site damage is normal even when due care is exercised. We have not included the cost of restoration of normal damage in the estimated changes. At your option and expense, we will correct normal damage. We agree to be responsible for damage that is caused by our negligence. 2.2. You agree to provide us, in a timely manner, with the information that you have regarding buried objects located at the site, and we have the right to rely on such information. Until we have completed our fieldwork, you agree to provide us with all your plans, changes in plans, and new information that refer to site conditions. You agree to hold us harmless from all claims, damages, losses, and related expenses involving buried objects of which you had knowledge, but did not timely call to our attention or correctly show on the plans furnished to us. 2.3. You will be responsible for the cooperation of your employees and your contractors in observing all radiation safety standazds after we notify you that nucleaz density testing or measuring devices are to be employed by us. 2.4. You will notify us of any knowledge or suspicion of the presence of hazardous materials in samples provided to us. You will provide us with information in your possession or control relating to contamination at the site. If we observe or suspect the presence of contaminants not anticipated in our agreement, we may terminate our work without liability to you or others, and we will be paid for the services we have provided. 2.5. Neither this agreement nor the providing of services will operate to make us an owner, operator, generator, transporter, treater, Storer, or a disposal facility within the meaning of the Resource Conservation Recovery Act, as amended, or within the meaning of any other law governing the handling, treatment, storage, or disposal of hazardous materials. You agree to hold us harmless and indemnify us from any such claim or loss. 2.6. Drilling, well installation, and remediation services may involve risk of cross-contamination of previously uncontaminated air, soil, and water. If you aze requesting that we provide services that include this risk, you agree to hold us harmless and indemnify us from cross- General Conditions contamination claims and damages, unless the loss is caused by our negligence. 2.7. You agree to make disclosures required by law. In the event you do not own the site, you acknowledge that it is your duty to inform the owner of the discovery or release of contaminants at the site. You agree to hold us harmless and indemnify us from all claims related to disclosures made by us that aze required by law and from all claims related to the informing or failure to inform the site owner of the discovery of contaminants. Section 3. Reports and Records 3.1. We will furnish reports to you as described in our scope of work or proposal. We will retain analytical detail for seven years and financial data for three years. 3.2. All samples remaining after tests aze conducted and field and laboratory equipment that cannot be adequately cleansed of contaminants aze your property. They will be discazded or returned to you, at our discretion, unless within 15 days of the report date you give written direction to store or transfer the materials, at your expense. 3.3. We shall retain ownership of our reports, notes, calculations, and other documents, which aze instruments of our service to you. Our reports are for your use only for the purposes disclosed to us. You may not transfer our reports to others or use them for a purpose for which they were not prepazed without our written approval, which will not be unreasonably withheld. At your request, we will provide endorsements of our reports or letters of reliance, but only if the recipients agree to be bound by the terms of our agreement and only if we aze paid the administrative fee stated in our then current Schedule of Charges. 3.4. If you do not pay for our services as agreed, we may retain all reports and work not yet delivered to you and all reports and other work in your possession must be returned to us. Reports and other work may not be used by you for any purpose whatsoever until they aze paid for in full. Section 4. Compensation 4.1. You will pay for services as agreed upon or according to our then current Schedule of Revised June 9, 2004 Chazges if there is no other written agreement as to price. An estimated cost is not a firm figure unless stated as such. 4.2. You will notify us of billing disputes within 15 days. You will pay all undisputed portions of invoices on receipt. You agree to pay interest on unpaid balances beginning 30 days after invoice dates at the rate of 1 1/2% per month, but not to exceed the maximum rate allowed by law. 4.3. If you direct us to invoice another, we will do so, but you agree to be responsible for our compensation unless you provide us with that person's written acceptance of all terms of our agreement and we extend credit to the third P~Y~ 4.4. You agree to compensate us for our reasonable fees and expenses if we aze required to respond to legal process arising out of a proceeding as to which we are not a party. 4.5. If we are delayed by factors beyond our control, or if project conditions or the scope or amount of work change, or if changed labor union conditions result in increased costs, decreased efficiency, or delays, or if the standazds or methods change, we will give you timely notice and we will receive an equitable adjustment of our compensation. If you and we do not reach agreement on such compensation within 30 days of our written application, we may terminate without liability to you or others. 4.6. If you fail to pay us within 60 days following invoice date, we may consider the default a total breach of our agreement and, at our option, terminate all of our duties without liability to you or to others. 4.7. In consideration of our providing insurance to cover claims made by you, you hereby waive any right of offset as to fees due us. Section 5. Disputes, Damage and Risk Allocation 5.1. Disputes will be submitted to Alternative Dispute Resolution (ADR) as a condition precedent to litigation. Each of us will exercise good faith efforts to resolve disputes first by a meeting between the parties' company officials. If this meeting is unsuccessful in reso-ving the dispute, the parties shall proceed to non-binding mediation. Collections will not be submitted to ADR. All disputes will be governed by the law of the state in which our servicing office is located. 5.2. We will not be liable for special, incidental, consequential, or punitive damages, including, but not limited to, those arising from delay, loss of use, loss of profits or revenue, loss of financing commitments or fees, or the cost of capital. 5.3. We will not be liable for damages unless suit is commenced within two years of the date of injury or loss or within two years of the date of the completion of our services, whichever is earlier. We will not be liable unless you have notified us of the discovery of the claimed breach of contract, negligent act, or omission within 30 days of the date of discovery and unless you have given us an opportunity to investigate and to recommend ways of mitigating damages. 5.4. Our fees for services are small in relation to the risk. For you to obtain the benefit of a fee which includes reasonable allowance for risks, you agree that our aggregate liability will not exceed the fee paid for our services or $50,000, whichever is greater, and you agree to indemnify us from all liability to others in excess of that amount. If you aze unwilling to accept this allocation of risk, we will increase our aggregate liability to $100,000 provided that, within 10 days of the date of this agreement, you provide payment in an amount that will increase our fees by 10%, but not less than $500, to compensate us for the greater risk undertaken. This increased fee is not the purchase of insurance. 5.5. If we are involved in legal action to collect our compensation, you agree to pay our collection expenses, including reasonable attorney fees. If you make a claim against us that is resolved in our favor, you will reimburse our costs of defense, including, but not limited to, reasonable attomey and expert witness fees. Section 6. General Indemnification 6.1. We will indemnify and hold you harmless from and against demands, damages, and expenses to the comparative extent they are caused by our negligent acts or omissions or those negligent acts or omissions of persons for whom we aze legally responsible. You will indemnify and hold us harmless from and against demands, damages, and expenses to the comparative extent they aze caused by your negligent acts or omissions or those negligent acts or omissions of persons for whom you aze legally responsible. 6.2. To the extent that it may be necessary to indemnify either of us under section 6.1, you and we expressly waive, in favor of the other only, any immunity or exemption from liability that exists under any worker compensation law. Section 7. Miscellaneous Provisions 7.1. We wilt provide a certificate of insurance to you upon request. 7.2. This agreement is our entire agreement. It supersedes all prior agreements. It may be modified only in writing making specific reference to the provision modified. 7.3. Neither of us will assign or transfer any interest, any claim, any cause of action, or any right against the other under this agreement. Neither of us will assign or otherwise transfer or encumber any proceeds or expected proceeds or compensation from the project or project claims to any third person, whether directly or as collateral or otherwise. 7.4. The term of this agreement shall be for a period not exceeding 12 months commencing on the date of execution, unless it is sooner terminated in accordance with its provisions. This agreement may be terminated by either party upon 30 days written notice to the other party for any reason. 7.5. It is customary for the consultant that provides design recommendations to be retained to provide observation and related services during construction. If we are not retained to provide continuing services, you agree to hold us harmless from all claims, losses, and expenses arising out of any interpretations, clazifications, substitutions, or modifications of our work provided to you or others. If we are retained to provide observation and related services during construction, our services will not in any way have any right to control the work, stop the job, supervise or coordinate subcontractors, direct the contractor's means, methods, techniques, sequences or procedures of construction, and safety precautions and programs. 7.6. If any provision of this Agreement is held to be invalid for any reason, such invalidity shall not affect the validity or enforceability of any other provision of this Agreement Revised June 9, 2004 • • 2008 2009 Nov Dec Jan Feb Mar Apr May Jun Jul Au Set Oct Tasks Descri lion I _ _ _ _.. _ ..._ _ .. -- Task 1: Pre Desi n Phase 1.1 Kickoff Meetin Past Award/PreContract _ __ _ 1.2 Initial Entit Coord MDT, MSU, North Western, etc. _ __ __ _ _ _ 1.3 Contract Ne otiations _ 1.4 Pre-Surve Coordination 8 Work Arran ements i __ _.. - 1.5 Intersection Im rovemenls Stud Review 1.6 Services A reement Task 2: Prelimina Desi n Phase 2.1 Too &Utilit Surve Back round Collection ! _ _ _ _ 2.2 Set Surve Control/Com lets To o Surve s _ _ 2.3 Pro'ect Ma in & Picku Surve s _ _ ._ _ _ _ 2.4 Obtain and Review Utilit As-builts _ _ _ _ _ _ 2.5 Utili Surve s 2.6 Geotechnicel Investi ation 2.7 Pavement Desi n & Geotech Evaluation Re ort + _ _ __ _ _ _ _ 2.8 Prelimina Roundabout Geometrics _ _ - 2.9 B. Walsh Geometrics Peer Review _ 2.10 MDT Geometrics Coordination _ _ _ -- 2.11 Prelim. H draulics 2.12 Prelim. Li htin Plans __ _ _ _ _ _ _ 2.13 Prelim. Roundabout Details 2.14 Title Commitments _ __ 2.15 Pro ert Bounda & Ri ht of Wa Research _ _ 2.16 Ri ht of Wa Surve s 2.17 Prelim. Ri ht of Wa La out 2.18 Pro ert raisals and Review A raisal 2.19 Prelimina Desi nand Plans Pre aration -- - -- _. 2.20 Ri htof-Wa Coord. MSU _. 2.21 MSU Submittal Review Period - - _ -- _ _ 2.22 Board of Re ents R/W Review/A royal __ __ _ _ _ _ 2.23 Prelimina Plans, S ecifications & Estimate _ I 2.24 Prelim. Desi n Review and Coordination Meetin - - _ _ 2.25 Public Outreach Activities 2.26 Public Informational Meetin _ - Task 3: Final Desi n Phase 3.1 Final Desi nand Plans Pre aration I 3.2 Ri htof-Wa Ne otiations _ ~ 3.3 Environmental Clearances - ' 3.4 Final Plans Review Meetin _ _ - 3.5 Contract Packa e & Final Revisions - _ _ Task 4: Bid to Award Phase _ - 4.1 Advertise for Bids 4.2 Pre-Bid Conference __ __ _ 4.3 Bid O enin ~ _ 4.4 Contract Award __ __ _ _ _ _ Task 5: Construction Phase 5.1 Preconstruction Conference ' _ __ 5.2 Construction Administration and Observation I _ _ - - - - - 5.3 Substantial) Com lete Au ust 24, 2009 I _ _ 5.4 Final Ins ection _ 5.5 As-builts _ _ _ _ __ 5.6 Warranty Inspection (11 month) __ _ _ Work Task ~~~~ Deliverable Review Meeting ROBERT PECCIA 8 ASSOCIATES, INC. CfTY OF BOZEMAN WEST COLLEGE ST. 8 & 117H AVENUE WTERSECTION SCHEDULE OF 6TIMATED COSTS PioP~od Janaery 2008 (2nd Revlslon) RPA PROJECTIF: 08514000 WORK ITEM /SU8T/~4K OM~ iMeMO~i • 1~4 ZYM Br1+n Wxksr Tom Cavanaugh Jsmla Mapoven Tory Cowen Neal Bell Dorms Dwhch Nlck Ladaa V V Tom Split Srae/ V PROJECT 'eatt~Ran~O Jen LADaUN. TOTAL PROJECT PROJECT 1/yDR11UL.1GS FM~~a CACD r3RNPNICS SURVEYING EN(i(NEER - DESIpNER ASS~TANT PERSON PRIIICWAI MARA(JER OtGR El10YgQR OFJIONER TECR W6.31 36424 3NM HOURS id7A2 pi]8 392.02 3159.21 5107.70 p1~7 300.M iau4 1.0 20.0 7 PreDrlgn InvosUgatlon Phue 6 0 12.0 1.0 5.0 1.1 ProjeU KickA(f MeeBng/ContraU Setup . 5 0 12'0 14.0 2 Inttial Coordination North Western, MSU, MDT, Cay, Etc. 1 . 1.5 . 1.3 Improvements Study Traffic Anaysis Review 20 1 ~ 1.4 Prime 8 Sub Services Agreement I Coordination U.6 1.0 72A to ..: 10.0 _~ ,.:. 10.0 .. 39222 5 770.00 fat Al .1,tN211. TASK TOTAL PlRBON~IYWIR6: 3000.00 ... 32,712.09 . TASK LABOR COST PER EMPLOYEE: ,. : . 4.0 12.0 2 Preliminary Design Phase 2 0 6.U 0 2 2.0 Accounting, Prog. Reports, Invoices . 20.0 2.1 Topog d Utility Survey Background Collection 2D 0 14.0 2.2 Set Survey Control 8 Topographical Surveys 6 0 6.0 16.0 2.3 ProjeU Mapping 6.0 10.0 2.0 4.0 Pickup Surveys 0 1 1.0 2.4 Obtain, Review 8lnwrporate Utility As-DUltts . 20.0 2.5 Utility Surveys 2.0 18.0 1 0 3.0 Horizontal (Ground Surveys) t 0 1.0 . 1.0 Phase II SubauAace Locates x 6 eadr ~ 1.5 2.6 Geotechnical lnveslgeaons Coordination 1~0 0 5 1.0 8.0 2.7 Pavement Design 8 Geotechnical Evaluation . 4 0 4.0 Roundabout Typical Section Details 2.0 2.6 Preliminary Rountlebout Geometrks 20 q.0 Set Hodz. Alignment q 0 20.0 Set Vertical Grades 20 0 2.0 Intersection Gxmemw 2 0 2.0 Design Vehide Turning Templates 2 0 2.0 Cross-we/klayouts 2 0 3.0 Pedestrian / Bicyde Path 2 0 1 0 7. 2,g 8. Walsh Roundabout Geometrics Peer Review . 1 0 6.0 4.0 Follow-uP Edits 2.0 2.0 4.0 2.10 MDT Geometrics Coordination 1 g 3.0 7.0 No Review Meetings -word. by phone, email, etc. 1~0 6.0 Follow-up Edits 3.0 2.11 Hytlreulia 6.p 3.0 Hydrology 3.0 Spread Width Analysis 18.0 Hytlreulic Grade Une Profiling 4 0 6.0 8.0 1.0 11.0 Storm Drain Plan d Profiles 1.0 1.0 8.0 Prelim. HydreWics Report Memo 1.0 2.12 Lighting Planc 1 0 2.0 Coordinate Connections w/NOrthWestem Energy , 1.0 1.0 4.0 City U'ghang Stds Coordineaon 1 0 1.g 2.0 8.0 Ughtlng Layout 10 3.0 2.0 6.0 Service Widng Diagram 1 0 3_p 2.0 5.0 Ughting lMnng Diagram 1.0 3,g 1.0 2.5 Pole, Conduit and Wire Schedule 0 5 2,0 3.5 IlluminaOOn Calcs O6 t.p 2.0 Miac Details 4.0 2.13 Preliminary Roundabout /Intersection Details 2.0 T.0 2.0 Survey COntrd Traverse D/egrem d Abatrect 1 0 1.0 24.0 Notes, Table o/Contents, Mist Sfds Sheets 18 0 6.0 1 0 3.0 Roundabout d Four AppmaUr Cross~Sections 0 2 13.0 Center Island Contour Grading Plan . 2 0 2 p 8.0 1.0 2 g 31.0 Misc. Quantity Summery Frames 1 0 8.0 20.0 1.D 4.0 Geometdc Layout Sheets x 5 Shts . 1'0 2.0 1,0 5.0 Median Island Details 2.0 2.0 4.0 Cmssiva/k Dereils 4 0 4.0 Driveway Leydovma 4.0 2.0 9'grkng d SMping Plan Base Map Detail 2 0 14.0 Street Sign Dee'gn (Caasps 611N) 12.0 2.0 Signing Summary QaaMiOSS Frame g,0 Spedalty Lendacaping d /rtigeaon (None) by MSU 6 0 2.U 5.0 Quxfitl'aa CalcWaOons 1 0 t.0 4.0 1.0 Spedel ProWaiona 1'0 0 2 2.14 Tills Domm3mant COOrdinaeon . 11 0 2.75 Property Boundary antl Right-of-Vlay Research 1'0 10.0 2.16 Rightaf-Way Surveys (Establish Properly Lines) ~ 0 2.17 Preliminary Easement /Acquisttion Layout 3 0 3'0 16.0 1 0 Easement EYNbad for Title Recordation x 3 . 3.0 2.16 Property Appraisal antl Review Appreeal 1.0 2.0 1.0 2.19 Right-0f-Way COOrdinalwn MSU 2.20 MSU $ubmnrel Review Period (incl. w/ 2.19) 6.0 28.0 2.27 Board of Regenh RM/ Revw.v (InU. w/ 2.19) 2.0 8.0 2.0 T.0 e 0 2 0 20.0 222 Prepare Prelbn PS6E Package tar Review 6 0 12.0 14.0 2.23 Preliminary Design Review Mewing d Mtg. Minutes . 6 0 4 0 4.0 6.0 30.0 2.24 Public Outreach Adrviliea 12 0 12.0 2.25 Public Informational Meeting 11A 47gA ;0 - Aj. 1~ tZA ~~ ~ 3iN39f2 ..f071.33 Ssb.44 3306.61 ~702rT0 TAtK TOTAL /CWOM1107Kts: A0 - 3Tg8 . f1.1f37S - : .: itril{76.M ~ i1.09AM 32A1L~i i610i~ - i . TAgLLAO!OIt CQ{T rLNlORWYEE: _ ~ . . .. a.o e.o 3 Final Design Phua 1 0 3.0 56.0 Acwunting, Prog. Reports, Invoices 80 240 40 4.0 16.0 4.0 3.1 Final Design and Plans Preparation 2 0 2 0 8.0 3.2 Rightcf-Way Negotiations 6.0 3.3 Environmental Cbarenoes 22.0 No Environmental Document Required 10 0 12 0 q,0 46.0 3,q Final Plans Review Meeting d Mtg. Minutes 6 0 24.0 12.0 38.0 3.5 ContraU Package and Final Revisions 8 0 . 8.0 10 0 2 0 4 0 4.0 2.0 4.0 7.0 OA/OC Reviews antl Edas . 2 0 7.0 3.6 ProjeU Closeout . ~ 12A 787.0 TA I6A.. 73A 0.0 8.0 SIA . , 0{ 31N i670A2 ~: 316260,60.: TASK TOTAL PER3017.NOUR3: W74.01 µ,i111,60... (6.940.01 3646.00 361322 S/A06.00 . ... TASK LABOR COST PER EYPL.OYEE; 0.5 2.5 4 Bidding to Award Phue t.0 7.0 0.5 17.5 4.1 Advertising 1 0 6.0 6.0 8.0 q2 Pre-Bid Conference , 6 0 2.0 4.3 Bid Opening 4.4 ContraU Award 1'D 1~0 ... 1.0 ~ ti.0 YA 3a1A1 32,775.80 TASK TOTAL PERSGNINOUR3: (270.48 37.71320 37YW T35A TABK LABOR COST PER EMPLOYEE: BA 18A 25A RB 77.5 138.5 250A 28A 4dA a t28 e2 58 #45B~ 58.ZU-OS 5571.88 51,16&32 51a286Z5 561.452.17 : TOTALPERSON+KIU j2 {363,1 571.83335 520.34250 5 5~• ; . LABOR COSTPEREMPLQYEE: r DIRECT EXPENSES Taak 1 Task 2 Task 3 Twk 4 Tatsl _ - _._ _-_. _ _---Sa0C00 - .- _- _- -- W 9arv6xs ('TlarRasproh) _ _ _. _. - 5800.DQ --_ _ _. _ _ __ _. - µ,S00.00 Subcomrecled Servk:es (Appraisals 8 Review Appraisal) 54,500.00 53,367.00 Subcontracted Services (SK Geotechnicap 27 00 §3,367.00 00 020 $1 §127.00 385.00 §1,659.00 Mileage ('§0.835 per Mile) . §1 00 §50 . , §100.00 $100.00 100.00 §350.00 Telephone, Postage and Fax . Newspaper Advertisements (by City) 000.00 52 §2,000.00 Phase II Subsurface Locates (SUE) for 6 locates incl. Geotecn , E3,000.DO Tra18c Control for Phase II SUE §3,000.00 Pubac Meeting Number 1 (ist run) Public Meeting Number 1 (2nd run) AdveNsemenf kr aide (1st mn) Advertisement for &'tls (2ntl run) Advertisement for Bida (3rd run) 00 548 5200.00 §200.00 154.00 §600.00 Per Diem-NOnOVemighf (13 deysx 323/deyx 2employeea) . Equipment Hose counters (550 per day' 4 ' 1 day) §1,200.00 Survey Equipment §50 00 §1,200.00 §300.00 §300.00 200.00 5850.00 Supplies (Quatls, Survey Supplies, Plotting, Etc.) . 00 §100 51,800.00 §600.00 40.00 §2,300.00 PC and CADD ($2/hr 6 $6mr respeUively) . Printing §20,886.00 Total. §373.00 §16,107.00 51,327.00 §679.00 SUMMARY OF ENGINEERWG SERVICES task 1 Task 2 Task 3 Tuk 4 Total 53,982.11 539,133.70 515,580.58 52,775.80 $81,432.17 00 688 520 Loatled Labor Cost 5373.00 515,107.00 51,327.00 5879.00 . , DireU Expenses 582'116 Total Engineering Fae (Rounded): 54,338 557,241 576,868 33.855 ROBERT PECCIA 8 ASSOCIATES, INC. CITY OF BOZEMAN WEST COLLEGE ST. 8 S. 11TH AVENUE INTERSECTION SCHEDULE OF ESTIMATED COST8 PTeparod January 2008 (2nd Revlslon) RPA PROJECTB :08310.000 Qon88/aCBIOR AitilYn s • FCrad F1! _ Brian Widrar Tom Cavanaugh James Mongovan Matl KMg Chad Knuth Onrnr+D«rf+rh CAR Nlck Ladaa Tom S6rlr IAit9C5 54i~R O Mlke Seotl J~ L ~ Yom. _.. TOTAL ~;{ D I Y7ANT ~ A A~6TANT p 1MDRlC rtlMlsu9TASK PRNGPAL AIAkMOlR - ENp111ERR. g , g18iE4Ti1R 523 2e ~ IIIiP~71'Mt .,: 1-0fJfS - TlCH $18.Q.. 528.72 551St W 821x8 .:.. uL~S. ~ 517x1 nova ~. N5.55 55ta5 Sv+I . 5 ConstruMion Admurstration 6 Observation Based on a 30 Working Day Contrail 8-hr workdays, not including travel Inspection responsibilities splR by Resident Inspectors with pedodic visits by Engineers Casts Do Not hG. Spedatty Services fa Mnr Design, Acphatt Sampling, Production Testing, and Coring 5.1 Review Contractor's ConsW lion Schedule 5.2 Review Cordracbr's Traffic Control Plan 5.3 Confirm Permtis Seared 5.4 Prepare Weekly Progress Reports 5.5 Issue StoplRewme Work Orders 5.6 Review Shop Drawings and SubmBals 5.7 Review and Evaluate SdreduldContractar Progress 5.8 Payment Reviews and Approvals 5.9 Subgrade, Base Course aril Emb. Density Tests 5.10 General Inspection and Observation 5.11 Arrange Final Inspection 5.12 Hold Final Inspection 5.13 Punchlist Work 5.14 Misc. Coord"nation Independem Testing Laboratodea 5.15 Arrange and Hold Warranty Inspeman 5.16 Complete As-Bull Drawings 5.17 Coord w/ Contractor's Pudic Outreach Program 0 537 5.18 Canstru~on Staking 0 32 0 16 B0.0 240.0 16.0 75.0 60.0 12.0 . 6.0 ~ . SEO . 18D rtes 240A 18A 76A 513 78 52 Ioa $1~S1A0 12.0 8207.72 517A 513,087.1f- TASK TOTAL PER90k1-NOt1FiS: 52511{ 51,18SA2 1438+10 S1r888.00 $gtn~o- SS11.82 . . . TASKLAYORCOSTPEREMPLQfEE: 0 90 120 ~~ TOTAL PERSON-HUURS: &0 S,ZO. 18.0 5 8Q0 D0 958 51 210.0 14120 - 56 19A 5311.52 75.D 5'{Sq.75 . 51.283.80 5207.72 513,097.19 LABOR COSTpEREMPLOILEE: 529128 57,193.92 , . . , . Total DIRECT EXPENSES Task 6 52,s3a.oo Mileage (' SOb35 per MAe x 19 Tdpa) 82,534. W $150.00 Telephone, Postage and Fax $150.00 52,250.00 Overnight Lodging (EStima<etl 30 days x 1 emploY~) 52,250.00 $1,334.00 Per Diem - (58 days x $23lday x 1 employee) $1,334.00 Equipment $400.00 Nuclear Densometer (5200 per Week) 5400.00 $160.00 Survey Equipment (Laser Level 0540 Per Weak) 8160.00 $800.00 Survey Equipment (Robotic B00 ~S200 per Dey) 5800.00 - 5350.00 Supplies (Quads, Surrey Supplies, Pblting, Etc.) 5350.00 5300.00 PC and CADD (S2rtr 8 S6M respectiveh/) $300.00 $100.00 Pdnting $100.00 88,578.00 Total: 58,578.00 ToW SUMMARY OF ENGINEERING SERVICES Tank e Dirad Labor Cott $13,067.19 Overhead Fedor 158.26% 520,680.13 Loaded Labor $33,747.32 Pratt (15%) 55,062.10 _. Dived Expanses 58,37a.00 547,187 Total Fea (Rounded): Sn,t57