HomeMy WebLinkAboutProfessional Services Agreement for Fire Station #3 and 911 Communication Center Inspection Services with Gaston Engineering �l�Vt gyp,ti4
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: James Goehrung,Director of Facility Services
Chris Kukulski, City Manager
SUBJECT: Approval of Construction Inspection Services for County 911 and City
Fire Station#3
MEETING DATE: October 20, 2008
RECOMMENDATION: Authorize the City Manager to sign the contract with Gaston
Engineering for Construction Inspection Services for County 911 and City Fire Station#3.
The not to exceed contract amount is $74,985 for services that include Construction Inspection
and Testing Services. The inspection fees will be split between the City of Bozeman and
Gallatin County on a 68% and 32% split. The City's portion of the fees will be$50,989.80. The
County has already signed off on this contract.
BACKGROUND: A request for proposals was released for these inspection services. Gaston
Engineering was selected as the engineering firm to provide construction inspection services.
The combined 911 and Fire Station#3 building is categorized as an essential service facility. An
essential service building requires a stepped up level of design engineering to make sure that the
building will function in the event of special circumstances such as a natural disaster.
PROFESSIONAL SERVICES AGREEMENT
Fire Station #3 and 91 1 Communications Center Inspection Services
THIS IS AN AGRFFMI�NT made as of 1 '�
4(,-. 7 �I �� , between THE CITY OF BOZEMAN, a
Municipal Corporation, Bozeman, Mont a, 59715 and Gallatin County, Montana (OWNE.RS) and
Gaston Engineering&Surveying,P.C., a Montana Corporation, Bozeman MT(Engineer)
Whereas the accomplishment of the Aork and services described ni this Agreement is essential to the OWNFR'S
public works improvement program.
Whereas the OWNER intends to and has selected the ENGINF.FR 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 Inspection & Testing Costs,
EXHIBIT B Project Construction Schedule,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 follo%ks:
Construction Inspection Services to include:excavation inspection, backfill and compaction testing,concrete and
asphalt testing,concrete and masonry wall inspection,structural steel and rebar inspection
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 construction inspection of the Project.
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, reporis, 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 Julie Verellen,P.E..
2.6. The ENGINEER shall name a Project Manager who shall be the liaison between the ENGINEER and the
OWNER_ The Project Manager shall be Sam J.Des Jardins.The OWNER may name a Task Director who would be the
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liaison between the ENGINEER and the OWNER during the design segment of the Project.
2.7. The F.NGINF.FR 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.I The OWNER shall name a Task Director who shall be the liaison bemeen the ENGINEER and the OWNER
during DESIGN segment of the Project. The Task Director designated shall be
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.
ARTICLE 4-BASIC ENGINEERING SERVICES
The ENGINEER shall render professional Engineering Services as follows:
4.1 PRE-DESIGN INVESTIGATION PHASE N/A
4.2 PRELIMINARY DESIGN PHASE N/A
4.3 FINAL DESIGN PHASE N/A
4.4 BIDDING OR NEGOTIATING PHASE N/A
4.5 CONSTRUCTION PHASE N/A
4.6. PROJECT DOCUMENTATION N/A
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 and maintain detailed documentation of the following material testing:
I) Excavation inspection
2) Backfill and compaction testing
3) Concrete and asphalt testing(including curb,gutter and sidewalk)
4) Concrete and masonry walls
5) Structural steel and rebar
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ARTICLE 5-ADDITIONAL SERVICES
5.1. If OWNER wishes ENGINEER to perform any of the folloN%mg Additional Services,OWNER shall so instruct
ENGINEER in writing, and ENGINEER shall perform or obtain from others such services and will be paid therefor as
provided in the Agreement:
5.1.1, Legal land surveys performed to obtain data for preparing casements 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 cnnironmental 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 NNhere changes are due to causes beyond
ENGINEER's control.
5.1.4. Providing renderings or models.
5.1.5. Preparing documents for alternate bids requested by OWNER For work not executed or for out-of-
sequence work.
5.1.6. Providing other services not otherwise provided for in the Agreement, including services normally
furnished by the OWNER as elsewhere herein described.
5.1.7. Furnishing the services of independent professional associates or consultants for other than Basic
Services.
5.2. When required by the Contract Documents in circumstances beyond ENGINEER's control, ENGINEER shall
perform or obtain from others any of the following Additional Services as circumstances require during construction and
without waiting for specific instructions from OWNER, and ENGINEER will be paid therefor 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 changein 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.
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ARTICLE 6-COMPENSATION FOR ENGINEERING SERVICE
6.1 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER- N/A
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 4.7 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$75,000 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_95 for services rendered which shall cover Direct Labor, Direct
Labor Overhead,General&Administrative Overhead and Profit.
6.2.I.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 2.80 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$ 8.048.00 which includes$ 5,048.00 for consultants employed by the Engineer
and $ 3000.00 for all other reimbursable expenses. The estimated reimbursable expenses are identified in
Exhibit" A ".
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 2.95, or an
amount otherwise negotiated at the time such services are requested and approved by the OWNER.
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ARTICLE 7-MEANING OF TERMS
7.1 AGREEMENT
As used herein the term "this Agreement" refers to the contents of this document and its Exhibits attached hereto and
referred to as if they were part of one and the same document.
7.2 CONSTRUCTION COSTS
The construction cost of the entire Project (herein referred to as "Construction Cost")means the total cost to OWNER of
those portions of the entire Project designed and specified by ENGINEER, but it will not include ENGINEER's
compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, properties unless this
Agreement so specifies, nor will it include OWNER's legal, accounting, insurance counseling or auditing services, or
interest and financing charges incurred in connection with the Project or the cost of other services to be provided by others
to OWNER.
7.3 DIRECT LABOR COSTS
Direct Labor Costs used as a basis for payment mean the actual salaries and wages paid to all ENGINEER's personnel
engaged directly on the Project, including, but not limited to, engineers, architects, surveyors, designers, drafters,
specification writers,estimators,other technical and business personnel; but does not include indirect payroll related costs
or fringe benefits. For the purposes of this Agreement the principals and employees of the ENGINEER maximum billable
Direct Labor Costs are:
Principals $ 47.50/hour
Project Manager 5 36.90/hour
Senior Engineer $ 31.25/hour
Staff Engineer $ 30.00/hour
Senior Technicians S 23.08/hour
CADD Drafter S 22.45/hour
Technicians S ]9.23/hour
Construction Inspector $ 32.28/hour
Two Person Survey Crew S 48.75/hour
Clerical $ 12.00/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.
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ARTICLE S-PAYMENT PROVISIONS
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.. 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.
9.2 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.
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9.1.6 OWNER'S right to terminate is in addition to any other remedies OWNER may have under the law
9.2 INSPECTION AND AUDIT
All books, papers, records, pa}rolls, 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 144, 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 LEGAI,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.
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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
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.
MA 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 I00%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 attomey 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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Tyne of Coverage Limns
l mplovers'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 S 1.000,000 each person
automobiles,trucks,
tractors,trailers, or S 1,000,000 each occurrence
other automotive equip-
ment whether owned or
rented by Engineer or
owned by employees of
Engineer.
Property Damage covering S 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 erros and omissions
coverage as follows:
Professional Errors&Omissions: $ 1,000,000 per claim and
aggregate each occurrence
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9.9 ENDORSEMENT
The L•:NGINF LR shall place his endorsement on all drawings and other data furnished by hum.
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 (I)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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9.15 ATTORNEYS FEES AND COSTS
That in the event it becomes necessary for either Party of this Contract to retain an attorney to enforce any of the terms or
conditions of this Contract or to give any notice required herein,then the prevailing Party or the Party giving notice shall
be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City
Attorney.
9.16 MODIFICATIONS AND AMENDMENTS
That any amendment or modification of this Contract or any provisions herein shall be made in writing or executed in the
same manner as this original document and shall after execution become a part of this Contract.
In witness Whereof,the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN,MONTANA EERS
BY:
(City Manager) ( rest nt)
DATE: DATE: b 2 D
ATTEST:
BY:
(City Clerk)
GALLATIN COUNTY,MONTANA
a
BY: <
(Chairman of the County Cot tissioners)
DATE: 'O y
ATTEST:
BY:
(Clerk&Recorder)
II
911 I Fire Station Engineering Costs Exhibit A-Inspection & festing Costs 8/19/08
Personnel/ #of hours
Task Scope equipment or Tests Cost
A. Division 1 -Project Management
Project Management Reports and Notification to owner arch CM Eng 40
Project Management Deficiency Notification Eng 20
Project Management Bi-weekly Meeting with Construction Manager Eng 52
Project Management Final reports and test summary Eng 20
Clerical Preparation of reports Cler 45
Materials & Expenses
Subtotal $14,038
B. Division 2-Site Construction
Sub grade
Parking lot Compaction Tests Gauge 8
Gauge operator 2 trips @ 2hr/trip Tech 4
Foundations Compaction Tests Gauge 4
Gauge operator 6 trips @ 2hr/trip Tech 12
Concrete Slabs Compaction Tests Gauge 5
Gauge operator 2 trips @ 2hr/trip Tech 4
Laboratory Tests 1 MD test on native gravel, clay, 2 trench backfill 4
Materials& Expenses Zone A x 10 Trips
Sub base Parking Compaction Tests Gauge 10
Gauge operator 4 trips @ 2hr/trip Tech 8
Laboratory tests 1 MD test on imported sub base 1
Materials&Expenses zone A x 4 Trips
Base Parking Compaction Tests Gauge 10
Gauge Operator 3 trips @ 2hr/trip Tech 6
Laboratory Tests 1 MD test imported gravel 1
Materials& Expenses zone A x 3 Trips
Asphalt Field Marshal 1 Test to verify mix design 1
Backfill/Imported Fill
Paved Area Compaction Tests Gauge 8
Gauge operator 5 Trips @ 2hr/trip Tech 10
Foundation Compaction Tests With 7'of structural fill up to 7 days to complete Gauge 30
Gauge operator 10 Trips @ 2hr/trip Tech 20
Slabs Compaction Tests Gauge 20
Gauge operator 5 Trips @ 2hr/trip Tech 10
Utility Trenches Compaction Tests Gauge 16
Gauge Operator 6 Trips @ 2hr/trip Tech 12
Materials and Expenses zone A x 26 Trips
Subtotal $16,560
Personnel/ #of hours
Task Scope equipment or Tests Cost
C. Division 3 -Concrete
Concrete Testing sampling testing casting cure&report Set of 4 33
General Inspection Inspection of Placement Tech 40
Special Inspection Inspection of reinforcement Eng 24
Materials and Expenses zone A x 80 Trips +33 molds
Subtotal $15,198
D. Division 4-Masonry
Grout Testing sampling testing casting cure&report Set of 4 8
Mortar Testing Masonry Walls sampling testing casting cure&report Set of 4 6
Mortar Testing Ext Veneer sampling testing casting cure&report Set of 4 6
General Inspection Inspect placement of grout and motor Tech 30
Special Inspection Inspect Reinforcement etc. Eng 20
Materials and Expenses zone A x 25 Trips+20 cubes
Subtotal $9,406
D. Division 5-Metal
Non Destructive Testing skidmore testing-bolts, ultrasonic-welds, etc Subtotal $5,048
D. Division 8 -Windows & Doors
AAMA 501.2 Water spray test Eng 8
Materials and Expenses Equipment costs
Subtotal $1,275
E. General Inspection Services
Verification of Sub grade inspection for removal of unsuitable materials Eng 6
Verification of Sub grade inspection for sub grade preparation-proof rolling Eng 6
Pre-paving walk through inspect base gravel curbs etc, prior to pavement Eng 8
Paving Inspection verify thickness temperatures and construction Eng 16
Materials and Expenses zone A x 8 Trips &misc materials
Subtotal $5,890
F. Special Inspection Services
Steel fabrication inspection examination of fabrications and verify with certs Eng 20
Wood Construction verify type, location, and connections Eng 20
Seismic Resistance examine anchorages and labeling to verify comp Eng 20
Materials and Expenses zone A x 30 Trips
Subtotal $7,570
Total $74,985
Above unit items and#of tests were developed using Contractors project schedule dated 8/14/08
EXHIBIT B -PROJECT CONSTRUCTION SCHEDULE(PROVIDED BY MARTEL CONSTRUCTION)
ID Task Name Duration Start Finish 2010
Jul Aug e Oct o De Jan a MarApr a Jun Jul Au e Oct o De Jan' a Ma
1 Butiding Constriction 260 days Mon B/11108 Fri 8114/09 C ——--
2 Notice to Proceed 1 day Mon 8/11108 Mon 8/11/08 1 Notice to Proceed
3 Mobilize 2 days Tue 8/12/08 Wed 8113/08 Mobilize
4 Install Storrs Water Pollution Prevention 2 days Thu 8/14/08 Fri 8/16/08 Install Storm Water Pollution Prevention
5 Layout Limits of Construction 2 days Thu 8/14/08 Fri 8/15108 Layout Limits of Construction
6 Clear Site 3 days Mon 8118108 Wed 8/20/08 xClear Site
7 Excavate Unsuitable Sails 5 days Thu 8/21108 Wed 8/27/08 °!Excavate Unsuitable Soils
8 Import Structural Fill 7 days Thu 8/28/08 Mon 9/8/08 Import Structural Fill
9 Layout Grid Lines 2 days Thu 9/4/08 Fri 9/5108 ~Layout Grid Lines
10 Form and Place Footings 10 days Mon 9/8/08 Fri 9119/08 ;.Form and Place Footings
11 Form and Place Foundation Walls 11 days Mon 9/22/08 Mon 1016108 Form and Place Foundation Walls
12 Install Foundaton Insulation 2 days Tue 1017108 Wed 10/8/08 finstall Foundatan Insulation
13 Backfill Foundation 5 days Tue 10f7I08 Mon 10/13/08 [ Backfili Foundation
15 Install Underslab MEP 8 days Tue 1077108 Thu 10/16/08 e Install Underslab MEP
14 Prepare Slab and Thickened Slab 2 days Wed 10/15/08 Thu 10/16/08 Prepare Slab and Thickened Slab
16 Install Slab Reinforcement 3 days Fri 10/17/08 Tue 10/21/08 t�Install Slab Reinforcement
17 Place Slab on Grade 5 days Wed 10I22108 Tue 10/28/08 .Plato Slab on Grade
18 Masonry Walls 30 days Wed 10/29/08 Wed 12/10/08 ;=j-Masonry Walls
19 MEP Rough In Masonry Wa!Is 10 days Wed 10129/08 Tue 11111/08 }-MPLRough In Masonry Walls
l
I
20 Set Hollow Metal Frames in Masonry 2 days Wed 10/29/08 Thu 10130/08 Set Hollow Metal Frames In Masonry
27 Wood Framing/Trusses/SIPS 30 days Wed 10/29/08 Wed 12/10/08 lr V1ood Fr..ming1Trussoy/SIPS
Task 1 Rolled Up Task External Tasks
Critical Task _ __� Rolled Up Critical Task _ _ Project Summary
Project:Fite Station No.2,911 Cente Date:Thu 8/14108 Progress Rolled Up Milestone O Group By SummTask
Milestone O Rolled Up Progress Critical Task
Summary - Split
Page 1
ID Task Name Duration Start Finish ___ _
2010uJ_I Ot _ Do- ;Octo De anl a_ t crier MOW- Frames28 Set Exterior Hollow Metal Frames 2 days Fri10/_1/OS Mon 11/3/08r
Ma
21 Set Steel Trusses
5 days Fri 11l21/08 Fri 11/28/08 o Steel Trusses
31 Exterior Masonry Veneer and Prairie Stone 30 days Wed 11/26/08 Fri 1/9/09; L Exterior Masonry Veneer and Prairie Stone
22 Mezzanine Steel 4 days Wed 1213/08 Mon 12/8/08i nine Steel
23 Mezzanine Decking 3 days Tue 12/9/08 Thu'12/11/08 nine Decking
29 Roofing 15 days Thu 12/11/08 Fri 1/2l09. l ooffing
-24 Mezzanine Stab on Deck Reinforcement 2 days Fri 12/12/O8 Mon 12/15/08 nine Stab on Deck Reinforcement
26 Install Steel Stairs 2 days Fri 12/12/08 Mon 12/15/08 1 Will Steel Stairs
25 Place Mezzanine Slabs on Deck 3 days Tue 12/16/08 Thu 12/18/08 ezzar►ino Slabs on Deck
30 Install Exterior Windows and KalWall 10 days Mon 1/5109 Fri 1/16109' tall Exterior Windows and KalWall
33 MEP Rough In 35 days Man 115/09 Fri 2/20109 MEP Rough In
34 Fire Sprinkler Rough in 15 days Mon 1/5/09 Fri 1/23109 �1 Sprinkler Rough In
32 Exterior Metal Siding,Soffit,Fascia 15 days Mon 1/12/09 Fri 1/30/09 L` " r Metal Siding,Soffit,Fascia
35 Budding Insulation 10 days Mon 2123/09 Fri 3/6/09i I B ilding Insulation
53 HeatingSystem Startup Y� P 5 days Mon 2/23J09 Fri 2/27/09 g System Startup
36 Install Bullet Proof Panels 5 days Mon 3/9109 Fri 3/13109 .+�1 s If Bullet Proof Panels
37 Hang Sheetrock 15 days Mon 3/16/09 Fri 4/3/09 ng Sheetrock
38 Tape and Finish Sheetrock 15 days Mon 4/6109 Fri 4/24/09 ITnpo and Finish Sheetrock
39 Interior Painting 20 days Mon 4127/09 Fri 5/22/09
,Interior Painting
41 Install Acoustic Ceiling System 15 days Mon 5/18109 Mon 6/8/09 Install Acoustic Ceiling System
40 Masonry Water Repellent 8 days Tue 5/26/09 Thu 614109 �f my Water Repellent
- - -- - - - --- -- - - ------ -LL_
Task _ _ Rolled Up Task �_ _ i External Tasks
Project:Fire Station No.2-911 Cente
Critical Task Rolled Up Critical Task Project Summary -Date:Thu 8/14/08 Progress
- - Rolled Up Milestone ^ Group By SummTask --- -
Milestone O Rolled Up Progress Critical Task
Summary Split
Page 2
ID Task Name Duration Start Finish ___� _ _2010
1 - - _ Ju_IA_u a Octi o De an_e Iola rL a Jun�Juf A_u_e jOcto-De Jan e. Ma
43 Install Ceramic Tile 10 days Tue 5/26/09- Mon 8/8l09t ( Ins I Ceramic Tile
54 Install Div.10 Specialties 8 days Tue 5/26/09 Thu 6/4/09 ns 11 Div,10 Specialties
42 Set Casework 16 days Tue 6/9/09 Tue 6/30/0911 _ t Casework
44 Install Bathroom Accessories 3 days Tue 6/9/09 Thu 6/11/09' II Bathroom Accessories
45 MEP Trim 25 days Tue 6/9/09 Mon 7/13/09 �'_ MEP Trim
55 Install Raised Access Floor 7 days Tue 619/09 Wed 6/17109 1 11 Raised Access Floor
56 Install Communications Equipment 20 days Thu 6/18/09 Wed 7/15/09 Install Communications Equi
46 Install VCT Flooring 10 days Wed 711109 Tue 7/14/09 = nstall VCT Flooring
47 Install Carpet 10 days Mon 7113109 Fri 7124109� ; Install Carpet
48 Install Doors and Hardware 5 days Tue 7/14/09 Mon 7/20/09 nstoll Doors and Hardware
52 Equipment Start up 5 days Thu 7/16/09 Wed 7/22/09 Equipment start up
49 Install Lockers 5 days Tue 7121109 Mon 7127109 Install Lockers
i
50 Final Paint Touch Up 6 days Thu 7/23/09 Thu 7/30/091 ,Final Paint Touch Up
51 Final Tasks&Startup 12 days Thu 7130109 Fri 8/14/09 > Punch List
57
58 Site Work Fall of2008 35 days Thu 8128/08 Thu 10116/08i
63 Excavate for Ground Source Piping 10 days Thu 8/28/08 Thu 9/11108' C Excavate for Ground Source Piping
-59 Layout Site Grading 2 days Mon 9/8I08 Tue 9/9/08' gout Site Grading
60 Rough Site Grading 5 days Wed 9/10/08 Tue:0/9/08
/16108 (, Rough Site Grading
Install Ground Source Piping and Backfill 20 days Fri 9/12/08 Thu Install Ground Source Piping and Backfill
61 Install Comm Tower Piers - -- 5 days Wed 9/17/08 Tue 9/23/081 ( I tall Comm Tower Piers
- - -------- - - --- ---- ----- - ---- - - ---- -1 ---- ------------------------
Task Rolled Up Task External Tasks
Project:Fire Station No.2-911 Cenle Critical Task Rolled Up Critical Task i.__ --- Project Summary
Date:Thu 8114/08 Progress Rolled Up Milestone ^ Group By SummTask
Milestone O Rolled Up Progress Critical Task
Summary Split
Page 3
ID OV Task Name Duration Start Finish
_ _ rJu_I e�OCI o De an• a qa r a Jun JulAu�a rOct o_De_an a Ma
fit Erect Comm Tower 10 da s Wed 9/24/OS Tue 10f7/OB} -`y- ` '�-- ` ' ��Y reef Comm Tower
65 Return Ground Source to Grade and Seed 5 days Fri 10/10/08 Thu 10/16/08 Y Return Ground Source to Grade and Seed
66
67 Site Work Spring and Summer of 2009 53 days Mon 4120/09 Thu TM/09!
68 Layout Parking Lot Concrete and Light Poles 3 days Mon 4/20/09 Wed 4/22/09 Layout Parking Lot Concrete and Light
69 Grading for Curb and Gutter 4 days Thu 4/23/09 Tue 4/28/09 Grading for Curb and Guttor
70 Parking Lot Weeving 5 days Thu 4123/09 Wed 4/29/09 Parking Lot Sioeving
76 Set Flag Pale 2 days Thu 4/23/09 Fri 4/24109 t Flag Pole
71 Install Curb and Gutter 10 days Thu 4/30/09 Wed 5/13109 stall Curb and Gutter
72 Install Site Sidewalks and Concrete Paving 10 days Thu 5/14/09 Thu 5/28/09, Install Site Sidewalks and Conarot
74 Landscaping 15 days Fri 5/29/09 Thu 6/18/09, Landscaping
73 Asphalt Paving 5 days Fri 6/19/09 Thu 6/25/09' ,,�4sphalt Paving
75 Parking Lot Striping5 days Fri 6/26109 Thu 7/2/09 J Parking Lot Striping
Task _ E Rolled Up Task 4_•_ = External Tasks
Project:Fire Station No.2-911 Conte
Critical Task Rolled Up Critical Task Project Summary -
Progress Date:Thu B/14108 Pro 9 Roiled Up Milestone !> Group By SummTask
Milestone Q Rolled Up Progress Critical Task
Summary Split
Page 4
ID Task Name Duration Start Finish _ 2010
rJul Aug a :Oct o Do Llan' a 11 arlApri a Junrul Au,a tOct_o 1 ,.Fanj' Ma
62 Erect Comm Tower 10 days Wed 9/24/08 Tue 10/7/08 liticidomm Tower
I
65 Return Ground Source to Grade and Seed 5 days Fri 10/10/08 Thu 10/16/08 Retum Ground Source to Grade and Seed
66
67 Site Work Spring and Summer of 2009 53 days Mon 4/20/09 Thu 7/2/09,
68 24 Layout Parking Lot Concrete and Light Poles 3 days Mon 4120/09 Wed 4/22109 k Layout Parking Lot Concrete and Light
69 Grading for Curb and Gutter 4 days Thu 4123/09 Tue 4128/09 l; Grading for Curb and Gutter
70 Parking Lot Sleeving 5 days Thu 4/23109 Wed 4/29/09 Parking Lot Slooving
76 Set Flag Pole 2 days Thu 4/23/09 Fri 4/24109 t Flag Pole
71 Install Curb and Gutter 10 days Thu 4/30109 Wed 5/13109 stall Curb and Gutter
72 Install Site Sidewalks and Concrete Paving 10 days Thu 6/14/09 Thu 5/28/09, Install Site Sidewalks and Concrot
74 Landscaping 15 days Fri 5/29/09 Thu 6/18109, Landscaping
73 Asphalt Paving 5 days Fri 6119109 Thu 6/25/09' sphalt Paving
75 Parking Lot Striping 5 days Fri 6/26/09 Thu 712109 0 Parking Lot Striping
Task _ Rolled Up Task External Tasks
Critical Task Rolled Up Critical Task i - - Project Summary - --
Dae:Project:Fire Station No.2-911 Conte Progress Rolled U Milestone !> Group B SummTask
Date:Thu 8/14/08 P P y
Milestone O Rolled Up Progress Critical Task
Summary Split
Page 4