HomeMy WebLinkAbout Professional Service Agreement for College Street and South 11th18
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PROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made as of , between THE CITY OF BOZEMAN, a
Municipal Corporation, Bozeman, Montana, 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 a Principal-In-Charge for the duration of the project. The Principal-In-Charge shall
be Brian Wacker, P.E., RPA Vice President and Streets and Highways Division Manager .
2.6. The ENGINEER shall name a Project Manager who shall be the liaison between the ENGINEER and the
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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.
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4.2.5. Permits and Rights-of-Way: The 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.
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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 may be further provided under the General
Conditions of the contract documents. The extent and limitations of the authority, duties, and responsibilities of
the ENGINEER on the construction 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:
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4.5.1.1 Schedule and conduct a pre-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 Project 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
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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 an electronic copy of the Project
Record Drawings ("As-Builts"), (b) written monthly progress reports, and (c) a project notebook containing such
correspondence and documentation as requested by OWNER.
4.7. 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.
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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 Payment 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.
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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
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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 $ 46.88 (Wacker) /hour
Project Manager $ 36.06 (Cavanaugh) /hour
Senior Engineer $ 32.09 (Venner) /hour
Staff Engineer $ 27.40 (Mongoven) /hour
Senior Technicians $ 21.63 (N. Bell) /hour
CADD Drafter $ 19.47 (Deutsch) /hour
Technicians $ 21.63 (Knuth) /hour
Construction Inspector $ 23.20 (King) /hour
Surveyor $ 31.25 (Stark) /hour
Clerical $ 17.31 (Loobey) /hour
7.4 REIMBURSABLE EXPENSES
Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's independent professional
associates or consultants directly in connection with the Project, such as expenses for: transportation and subsistence
incidental thereto; obtaining bids or proposals from Contractor(s); subsistence and transportation of Resident Project
Representatives and their assistants; toll telephone calls and telegrams; reproduction of reports, Drawings, Specifications,
Bidding Documents and 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
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8.1 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.
8.2 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 provisions of the Agreement. In the event of any such termination, ENGINEER will be paid for unpaid pre-
approved Additional Services and unpaid Reimbursable Expenses which are authorized under this agreement.
ARTICLE 9 - GENERAL CONSIDERATIONS
9.1 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 may be adjusted to
cover any additional costs to the OWNER because of the ENGINEER's default. If termination for convenience
is effected by the OWNER, the equitable adjustment shall include a reasonable profit, as determined by owner,
for services or other work performed. The equitable adjustment for any termination shall provide for payment to
the ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination
settlement costs reasonably incurred by the ENGINEER relating to commitments which had become firm prior to
the termination.
9.1.3 Upon receipt of a termination action under paragraph 9.1.2, the ENGINEER shall (1) promptly
discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to
the OWNER within ten (10) days copies of all data, design drawings, specifications, reports, estimates,
summaries and such other information and materials as may have been accumulated by the ENGINEER in
performing this Agreement, whether completed or in process.
9.1.4 In the event this Contract is terminated prior to completion, the original copies of the ENGINEER'S
data, recommendations, plans, specifications, analysis and other related documents prepared by the ENGINEER
prior to said termination shall be delivered to and become the property of the OWNER.
9.1.5 Upon termination, the OWNER may take over the work and may award another party an Agreement to
complete the work under this Agreement.
9.1.6 OWNER'S right to terminate is in addition to any other remedies OWNER may have under the law.
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9.2 INSPECTION AND AUDIT
All books, papers, records, payrolls, vouchers and invoices relating to costs and expenditures incurred as to the
performance of the services by the ENGINEER hereunder shall be made available to the OWNER, or their authorized
representatives for audit and review, at the ENGINEER'S respective offices at all reasonable times during the contract
period and for three years from the date of final payment.
9.3 EMPLOYMENT
The ENGINEER warrants that he has not employed or retained any company or persons, other than a bona fide employee,
working solely for the ENGINEER, to solicit to secure this contract, and that he has not paid or agreed to pay any
company or person, other than bona fide employees working solely for the ENGINEER, any fee, commission, percentage,
brokerage fee, gifts or any other considerations contingent upon or resulting from the award or making of this Contract.
For breach or violation of this warranty, the OWNER shall have the right to annul the Contract without liability or in its
discretion to deduct from the price or consideration or otherwise recover the full amount of such fee, commission,
percentage, brokerage fee, gift or contingent fee.
All employees of the ENGINEER or other persons while engaged in the performance of work or services required by the
ENGINEER shall be considered employees of the ENGINEER only and not of the OWNER.
9.4 NONDISCRIMINATION
The ENGINEER will not discriminate on the basis of race, color, religion, creed, political ideas, sex, age, marital status,
national origin or disability in employment or provision of services. The ENGINEER shall be subject to and comply with
Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated
thereunder.
9.5 SUBLETTING OR ASSIGNING OF WORK
The ENGINEER shall not sublet or assign any of the work covered herein without prior written approval of the OWNER.
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
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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 or non-renewal.
Without limiting any of ENGINEER's obligations hereunder, ENGINEER shall secure and maintain, until the work is
completed and accepted by the OWNER, insurance coverage naming the OWNER as additional insured with minimum
insurance coverage as follows:
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Type of Coverage Limits
Employers' Liability: $ 100,000. per accident
General Liability:
Bodily Injury & Property Damage
Single and combined $ 1,000,000. per accident
General Aggregate: $ 2,000,000.
Excess Liability Coverage (umbrella) $1,000,000. each occurrence
Automobile:
Bodily Injury covering all $ 1,000,000 each person
automobiles, trucks,
tractors, trailers, or $ 1,000,000 each occurrence
other automotive equip-
ment whether owned or
rented by Engineer or
owned by employees of
Engineer.
Property Damage covering $ 100,000 each occurrence
all automobiles, trucks,
tractors, trailers or other
automotive equipment whether
owned or rented by Engineer
or owned by employees of
Engineer
OR
Bodily Injury & Property $1,000,000 each occurrence
Damage 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.
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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 may be developed as part of the work described and contemplated herein.
9.13 RECORDS
The ENGINEER shall maintain accounting records and other evidence pertaining to the cost incurred and to make the
records available at all reasonable times during the Contract term and for one (1) year from the date of final payment.
Such accounting 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.
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EXHIBIT A
TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES
ENGINEER'S STATUS DURING CONSTRUCTION
This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on
___________, between CITY OF BOZEMAN (OWNER) and ROBERT PECCIA AND ASSOCIATES
(ENGINEER) 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 furnish 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
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to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in the General Conditions
of the Construction Contract.
10.6. REJECTING DEFECTIVE WORK
ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, and will
also have authority to require special inspection or testing of the Work as provided in the General Provisions of the
construction Contract Document whether or not the work is fabricated, installed, or completed.
10.7. SHOP DRAWINGS, CHANGE ORDERS AND PAYMENT
10.7.1. The ENGINEER's responsibility for Shop Drawings and samples shall comply with the shop drawing
provisions of the General Provisions of the construction Contract Document
10.7.2. The ENGINEER's responsibilities for Change Orders shall comply with the change order provisions of
the General Provisions of the construction Contract Document.
10.7.3. The ENGINEER's responsibilities for contractor's Application for Payment shall comply with the
payment provisions of the General Provisions of the construction Contract Document.
10.8. DETERMINATIONS FOR UNIT PRICES
ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by
CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on
such matters before rendering a written recommendation thereon (by recommendation of an Application for
Payment or otherwise) to OWNER.
10.9. DECISION ON DISPUTES
10.9.1. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the
interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and
claims under The General Conditions of the Construction Contract in respect of changes in the Contract Price or Contract
Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this
paragraph, which ENGINEER will render in writing within a reasonable time. Written notice of each such claim, dispute
and other matter shall be promptly reported and copied to the OWNER.
10.9.2. When functioning as interpreter under paragraphs 10.8 and 10.9.1, ENGINEER will not show partiality to
OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith
in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 10.8 and 10.9.1 with respect to any
such claim, dispute or other matter will be a condition precedent to any exercise by OWNER or CONTRACTOR of such
rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any
such claim, dispute or other matter.
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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.
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EXHIBIT B
TO AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES
A LISTING OF THE DUTIES, RESPONSIBILITIES AND
LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE.
This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on ,
between CITY OF BOZEMAN (OWNER) and ROBERT PECCIA AND ASSOCIATES
(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 progress schedule, schedule of Shop Drawing submittals and schedule of
values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability.
11.2.2. Conferences and 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.
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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, Rejection 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
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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 final list of items to be completed or corrected.
11.2.12.4. Observe that all items on final list have been completed or corrected and 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.
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11.3.2. Shall not exceed limitations of ENGINEER's authority as set forth in the Agreement or the
Contract Documents.
11.3.3. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or
CONTRACTOR's superintendent.
11.3.4. Shall not advise on, issue directions relative to or assume control over any aspect of the means,
methods, techniques, sequences or procedures of construction unless such advice or directions are
specifically required by the Contract Documents.
11.3.5. Shall not advise on, issue directions regarding or assume control over safety precautions and
programs in connection with the Work.
11.3.6. Shall not accept Shop Drawing or sample submittals from anyone other than CONTRACTOR.
11.3.7. Shall not authorize OWNER to occupy the Project in whole or in part.
11.3.8. Shall not participate in specialized field or laboratory tests or inspections conducted by others
except as specifically authorized by ENGINEER.
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Exhibit “C”
Scope of Services
For
West College Street and South 11th Avenue Intersection
Project
Robert Peccia and Associates (Engineer) and its sub-consultants (SK Geotechnicaland 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.
1. 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
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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
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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
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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.
l) 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
44
Page 5 of 6
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 19th 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
45
Page 6 of 6
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.
46
January 6, 2009 Proposal P-8200R1
Mr. Tom Cavanaugh, PE
Robert Peccia & Associates
Via Email: tom@rpa-hln.com
Dear Mr. Cavanaugh
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,
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
47
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.
After 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.
48
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.
49
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)
50
Proposal for Geotechnical Evaluation
Scope
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.
P-8200R1
RPA
12/12/2008
College & 11th St.
Roundabout, Bozeman, MT
Field work will consist of our field engineer observing
pot holes excavated along the intersection during the
phase 2 utlity locates; assume 1 day of work.
Client
Date
Project
Proposal
pp , p @
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
51
General Conditions
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 are 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 care and skill ordinarily 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 arising 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 health 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
charges. 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
Charges 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
party.
4.4. You agree to compensate us for our
reasonable fees and expenses if we are 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
standards 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 resolving 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
College St./S. 11th Ave. Intersection
Tasks Description
1.1 Kickoff Meeting (Post Award/PreContract)
1.2 Initial Entity Coord (MDT, MSU, NorthWestern, etc.)
1.3 Contract Negotiations
1.4 Pre-Survey Coordination & Work Arrangements
1.5 Intersection Improvements Study Review
1.6 Services Agreement
2.1 Topog & Utility Survey Background Collection
2.2 Set Survey Control/Complete Topo Surveys
2.3 Project Mapping & Pickup Surveys
2.4 Obtain and Review Utility As-builts
2.5 Utility Surveys
2.6 Geotechnical Investigation
2.7 Pavement Design & Geotech Evaluation Report
2.8 Preliminary Roundabout Geometrics
2.9 B. Walsh Geometrics Peer Review
2.10 MDT Geometrics Coordination
2.11 Prelim. Hydraulics
2.12 Prelim. Lighting Plans
2.13 Prelim. Roundabout Details
2.14 Title Commitments
2.15 Property Boundary & Right of Way Research
2.16 Right of Way Surveys
2.17 Prelim. Right of Way Layout
2.18 Property Appraisals and Review Appraisal
2.19 Preliminary Design and Plans Preparation
2.20 Right-of-Way Coord. MSU
2.21 MSU Submittal Review Period
2.22 Board of Regents R/W Review/Approval
2.23 Preliminary Plans, Specifications & Estimate
2.24 Prelim. Design Review and Coordination Meeting
2.25 Public Outreach Activities
2.26 Public Informational Meeting
3.1 Final Design and Plans Preparation
3.2 Right-of-Way Negotiations
3.3 Environmental Clearances
3.4 Final Plans Review Meeting
3.5 Contract Package & Final Revisions
4.1 Advertise for Bids
4.2 Pre-Bid Conference
4.3 Bid Opening
4.4 Contract Award
5.1 Preconstruction Conference
5.2 Construction Administration and Observation
5.3 Substantially Complete (August 24, 2009)
5.4 Final Inspection
5.5 As-builts
5.6 Warranty Inspection (11 month)
Work Task Deliverable Review Meeting
Jun
2008
Mar Apr May Sept Oct
2009
Task 1: PreDesign Phase
Nov Dec Jan Feb Jul Aug
Task 5: Construction Phase
Task 4: Bid to Award Phase
Task 3: Final Design Phase
Task 2: Preliminary Design Phase
ROBERT PECCIA & ASSOCIATES, INC.
CITY OF BOZEMAN CITY OF BOZEMAN W. COLLEGE ST. & S. 11TH AVENUE INTERSECTION IMPROVEMENTS EXHIBIT "C"
WEST COLLEGE ST. & S. 11TH AVENUE INTERSECTION
SCHEDULE OF ESTIMATED COSTS
Prepared January 2008 (2nd Revision) Design Services - Lump Sum
RPA PROJECT# : 08510.000
PERSON HOURS
Brian Wacker Tom Cavanaugh Jamie Mongoven Terry Cowen Neal Bell Donna Deutsch Nick Ladas Tom Stark Staci Venner Scott Randall Jen Loobey
PROJECT PROJECT HYDRAULICS ENGINEERING CADD GRAPHICS SURVEYING PROJECT ENGINEERING ADMIN. TOTAL
WORK ITEM / SUBTASK PRINCIPAL MANAGER ENGINEER ENGINEER DESIGNER TECH ENGINEER DESIGNER ASSISTANT PERSON
$139.23 $107.10 $81.37 $90.68 $64.24 $57.82 $76.38 $92.82 $95.31 $64.24 $51.41 HOURS
1 PreDesign Investigation Phase
1.1 Project Kick-Off Meeting/Contract Setup 6.0 12.0 1.0 1.0 20.0
1.2 Initial Coordination NorthWestern, MSU, MDT, City, Etc. 5.0 5.0
1.3 Improvements Study Traffic Analysis Review 2.0 12.0 14.0
1.4 Prime & Sub Services Agreement / Coordination 0.5 1.0 1.5
TASK TOTAL PERSON-HOURS: 6.5 20.0 1.0 12.0 1.0 40.5
TASK LABOR COST PER EMPLOYEE: $905.00 $2,142.00 $92.82 $770.88 $51.41 $3,962.11
2 Preliminary Design Phase
Accounting, Prog. Reports, Invoices 2.0 6.0 4.0 12.0
2.1 Topog & Utility Survey Background Collection 2.0 2.0
2.2 Set Survey Control & Topographical Surveys 20.0 20.0
2.3 Project Mapping 6.0 8.0 14.0
Pickup Surveys 6.0 10.0 16.0
2.4 Obtain, Review & Incorporate Utility As-builts 1.0 1.0 2.0 4.0
2.5 Utility Surveys
Horizontal (Ground Surveys) 2.0 18.0 20.0
Phase II Subsurface Locates x 8 each 1.0 1.0 1.0 3.0
2.6 Geotechnical Investigations Coordination 1.0 1.0
2.7 Pavement Design & Geotechnical Evaluation 0.5 1.0 1.5
Roundabout Typical Section Details 4.0 4.0 8.0
2.8 Preliminary Roundabout Geometrics
Set Horiz. Alignment 2.0 2.0
Set Vertical Grades 4.0 4.0
Intersection Geometrics 20.0 20.0
Design Vehicle Turning Templates 2.0 2.0
Cross-walk layouts 2.0 2.0
Pedestrian / Bicycle Path 2.0 2.0
2.9 B. Walsh Roundabout Geometrics Peer Review 2.0 1.0 3.0
Follow-up Edits 1.0 6.0 7.0
2.10 MDT Geometrics Coordination 2.0 2.0 4.0
No Review Meetings - coord. by phone, email, etc. 1.0 3.0 4.0
Follow-up Edits 1.0 6.0 7.0
2.11 Hydraulics
Hydrology 3.0 3.0
Spread Width Analysis 3.0 3.0
Hydraulic Grade Line Profiling
Storm Drain Plan & Profiles 4.0 6.0 8.0 18.0
Prelim. Hydraulics Report Memo 1.0 1.0 8.0 1.0 11.0
2.12 Lighting Plans
Coordinate Connections w/ NorthWestern Energy 1.0 1.0
City Lighting Stds Coordination 1.0 1.0 2.0
Lighting Layout 1.0 1.0 2.0 4.0
Service Wiring Diagram 1.0 3.0 2.0 6.0
Lighting Wiring Diagram 1.0 3.0 2.0 6.0
Pole, Conduit and Wire Schedule 1.0 3.0 1.0 5.0
Illumination Calcs 0.5 2.0 2.5
Misc. Details 0.5 1.0 2.0 3.5
2.13 Preliminary Roundabout / Intersection Details
Survey Control Traverse Diagram & Abstract 2.0 2.0 4.0
ROBERT PECCIA & ASSOCIATES, INC.
CITY OF BOZEMAN CITY OF BOZEMAN W. COLLEGE ST. & S. 11TH AVENUE INTERSECTION IMPROVEMENTS EXHIBIT "C"
WEST COLLEGE ST. & S. 11TH AVENUE INTERSECTION
SCHEDULE OF ESTIMATED COSTS
Prepared January 2008 (2nd Revision) Construction Admin Services - Fixed Fee
RPA PROJECT# : 08510.000
PERSON HOURS
Brian Wacker Tom Cavanaugh Jamie Mongoven Matt King Chad Knuth Donna Deutsch Nick Ladas Tom Stark Mike Everett Scott Randall Jen Loobey
PROJECT PROJECT RESIDENT RESIDENT CADD GRAPHICS SURVEYOR SURVEYORS ENGINEERING ADMIN. TOTAL
WORK ITEM / SUBTASK PRINCIPAL MANAGER ENGINEER INSPECTOR INSPECTOR TECH ASSISTANT DESIGNER ASSISTANT PERSON
$46.88 $36.06 $27.40 $23.20 $21.63 $19.47 $25.72 $31.25 $21.39 $21.63 $17.31 HOURS
5 Construction Administration & Observation
Based on a 30 Working Day Contract
8-hr workdays, not including travel
Inspection responsibilities split by Resident Inspectors
with periodic visits by Engineers
Costs Do Not Incl. Specialty Services for Mix Design,
Asphalt Sampling, Production Testing, and Coring
5.1 Review Contractor's Construction Schedule
5.2 Review Contractor's Traffic Control Plan
5.3 Confirm Permits Secured
5.4 Prepare Weekly Progress Reports
5.5 Issue Stop/Resume Work Orders
5.6 Review Shop Drawings and Submittals
5.7 Review and Evaluate Schedule/Contractor Progress
5.8 Payment Reviews and Approvals
5.9 Subgrade, Base Course and 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. Coordination Independent Testing Laboratories
5.15 Arrange and Hold Warranty Inspection
5.16 Complete As-Built Drawings
5.17 Coord. w/ Contractor's Public Outreach Program
5.18 Construction Staking
6.0 32.0 16.0 80.0 240.0 16.0 75.0 60.0 12.0 537.0
TASK TOTAL PERSON-HOURS: 6.0 32.0 16.0 80.0 240.0 16.0 75.0 60.0 12.0 537.0
TASK LABOR COST PER EMPLOYEE: $281.28 $1,153.92 $438.40 $1,856.00 $5,191.20 $311.52 $2,343.75 $1,283.40 $207.72 $13,067.19
TOTAL PERSON-HOURS: 6.0 32.0 16.0 80.0 240.0 16.0 75.0 60.0 12.0 537.0
LABOR COST PER EMPLOYEE: $281.28 $1,153.92 $438.40 $1,856.00 $5,191.20 $311.52 $2,343.75 $1,283.40 $207.72 $13,067.19
DIRECT EXPENSES Task 5 Total
Mileage (* $0.635 per Mile x 19 Trips) $2,534.00 $2,534.00
Telephone, Postage and Fax $150.00 $150.00
Overnight Lodging (Estimated 30 days x 1 employee) $2,250.00 $2,250.00
Per Diem - (58 days x $23/day x 1 employee) $1,334.00 $1,334.00
Equipment
Nuclear Densometer ($200 per Week) $400.00 $400.00
Survey Equipment (Laser Level @$40 per Week) $160.00 $160.00
Survey Equipment (Robotic 600 @$200 per Day) $800.00 $800.00
Supplies (Quads, Survey Supplies, Plotting, Etc.) $350.00 $350.00
PC and CADD ($2/hr & $6/hr respectively) $300.00 $300.00
Printing $100.00 $100.00
Total: $8,378.00 $8,378.00
SUMMARY OF ENGINEERING SERVICES Task 5 Total
Direct Labor Cost $13,067.19
Overhead Factor 158.26% $20,680.13
Loaded Labor $33,747.32
Profit (15%) $5,062.10
Direct Expenses $8,378.00
Total Fee (Rounded): $47,187 $47,187
56
Notes, Table of Contents, Misc. Stds Sheets 1.0 1.0 2.0
Roundabout & Four Approach Cross-Sections 18.0 6.0 24.0
Center Island Contour Grading Plan 2.0 1.0 3.0
Misc. Quantity Summary Frames 2.0 2.0 8.0 1.0 13.0
Geometric Layout Sheets x 5 Shts 1.0 8.0 20.0 2.0 31.0
Median Island Details 1.0 2.0 1.0 4.0
Cross-walk Details 2.0 2.0 1.0 5.0
Driveway Laydowns 4.0 4.0
Signing & Striping Plan Base Map Detail 4.0 4.0
Street Sign Design (College & 11th) 2.0 2.0
Signing Summary Quantities Frame 12.0 2.0 14.0
Specialty Landscaping & Irrigation (None) by MSU
Quantities Calculations 1.0 6.0 2.0 9.0
Special Provisions 1.0 4.0 5.0
2.14 Title Commitment Coordination 1.0 1.0
2.15 Property Boundary and Right-of-Way Research 2.0 2.0
2.16 Right-of-Way Surveys (Establish Property Lines) 1.0 10.0 11.0
2.17 Preliminary Easement / Acquisition Layout
Easement Exhibits for Title Recordation x 3 3.0 3.0 16.0 22.0
2.18 Property Appraisal and Review Appraisal 1.0 1.0
2.19 Right-of-Way Coordination MSU 2.0 1.0 3.0
2.20 MSU Submittal Review Period (incl. w/ 2.19)
2.21 Board of Regents R/W Review (incl. w/ 2.19)
2.22 Prepare Prelim PS&E Package for Review 2.0 6.0 2.0 2.0 8.0 2.0 6.0 28.0
2.23 Preliminary Design Review Meeting & Mtg. Minutes 8.0 12.0 20.0
2.24 Public Outreach Activities 6.0 4.0 4.0 14.0
2.25 Public Informational Meeting 12.0 12.0 6.0 30.0
TASK TOTAL PERSON-HOURS: 2.0 57.5 168.0 22.0 38.0 72.0 6.0 91.0 6.0 6.0 11.0 479.5
TASK LABOR COST PER EMPLOYEE: $278.46 $6,158.25 $13,670.16 $1,994.96 $2,441.12 $4,163.04 $458.28 $8,446.62 $571.86 $385.44 $565.51 $39,133.70
3 Final Design Phase
Accounting, Prog. Reports, Invoices 1.0 3.0 4.0 8.0
3.1 Final Design and Plans Preparation 8.0 24.0 4.0 4.0 18.0 58.0
3.2 Right-of-Way Negotiations 2.0 2.0 4.0
3.3 Environmental Clearances 6.0 6.0
No Environmental Document Required
3.4 Final Plans Review Meeting & Mtg. Minutes 10.0 12.0 22.0
3.5 Contract Package and Final Revisions 6.0 24.0 12.0 4.0 46.0
QA/QC Reviews and Edits 6.0 8.0 10.0 2.0 4.0 4.0 2.0 36.0
3.6 Project Closeout 2.0 1.0 4.0 7.0
TASK TOTAL PERSON-HOURS: 7.0 45.0 73.0 6.0 8.0 34.0 2.0 12.0 187.0
TASK LABOR COST PER EMPLOYEE: $974.61 $4,819.50 $5,940.01 $544.08 $513.92 $1,965.88 $185.64 $616.92 $15,560.56
4 Bidding to Award Phase
4.1 Advertising 1.0 1.0 0.5 2.5
4.2 Pre-Bid Conference 1.0 8.0 8.0 0.5 17.5
4.3 Bid Opening 6.0 6.0
4.4 Contract Award 1.0 1.0 2.0
TASK TOTAL PERSON-HOURS: 2.0 16.0 9.0 1.0 28.0
TASK LABOR COST PER EMPLOYEE: $278.46 $1,713.60 $732.33 $51.41 $2,775.80
TOTAL PERSON-HOURS: 17.5 138.5 250.0 28.0 46.0 106.0 6.0 94.0 6.0 18.0 25.0 735.0
LABOR COST PER EMPLOYEE: $2,436.53 $14,833.35 $20,342.50 $2,539.04 $2,955.04 $6,128.92 $458.28 $8,725.08 $571.86 $1,156.32 $1,285.25 $61,432.17
DIRECT EXPENSES Task 1 Task 2 Task 3 Task 4 Total
Subcontracted Services (Title Research) $800.00 $800.00
Subcontracted Services (Appraisals & Review Appraisal) $4,500.00 $4,500.00
Subcontracted Services (SK Geotechnical) $3,387.00 $3,387.00
Mileage (* $0.635 per Mile) $127.00 $1,020.00 $127.00 385.00 $1,659.00
Telephone, Postage and Fax $50.00 $100.00 $100.00 100.00 $350.00
Newspaper Advertisements (by City)
Phase II Subsurface Locates (SUE) for 8 locates incl. Geotech $2,000.00 $2,000.00
Traffic Control for Phase II SUE $3,000.00 $3,000.00
Public Meeting Number 1 (1st run)
Public Meeting Number 1 (2nd run)
Advertisement for Bids (1st run)
Advertisement for Bids (2nd run)
Advertisement for Bids (3rd run)
Per Diem - NonOvernight (13 days x $23/day x 2 employees) $46.00 $200.00 $200.00 154.00 $600.00
Equipment
Hose counters ($50 per day * 4 * 1 day)
Survey Equipment $1,200.00 $1,200.00
Supplies (Quads, Survey Supplies, Plotting, Etc.) $50.00 $300.00 $300.00 200.00 $850.00
PC and CADD ($2/hr & $6/hr respectively) $100.00 $1,600.00 $600.00 40.00 $2,340.00
Printing
Total: $373.00 $18,107.00 $1,327.00 $879.00 $20,686.00
SUMMARY OF ENGINEERING SERVICES Task 1 Task 2 Task 3 Task 4 Total
Loaded Labor Cost $3,962.11 $39,133.70 $15,560.56 $2,775.80 $61,432.17
Direct Expenses $373.00 $18,107.00 $1,327.00 $879.00 $20,686.00
Total Engineering Fee (Rounded): $4,335 $57,241 $16,888 $3,655 $82,118
55
54
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 are 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 attorney 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 are legally responsible. You will
indemnify and hold us harmless from and against
demands, damages, and expenses to the
comparative extent they are caused by your
negligent acts or omissions or those negligent
acts or omissions of persons for whom you are
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 will 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, clarifications,
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
53 Revised June 9, 2004
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 standards after we
notify you that nuclear 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 are requesting that we provide
services that include this risk, you agree to hold
us harmless and indemnify us from cross-
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 are
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 are
conducted and field and laboratory equipment
that cannot be adequately cleansed of
contaminants are your property. They will be
discarded 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
are 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 prepared 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 are
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 are 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
52