HomeMy WebLinkAbout10- Concrete testing for the City Shops/HRDC Bus barn, Agreement for Engineering ServicesCLIENT: City ofBozeman DATE: 4/37/ U
814 North Bozeman Avenue
Bozeman, Montana 59715
ENGINEER: THOMAS, DEAN &HOSK|NS.INC.
108VV.Babcock
Bozeman, MT 50715
PROJECT DESCRIPTION: Concrete testing for the HRDC Bus Barn
SERVICES TO BE PERFORMED Testing concrete pours at the HRDC Bozeman Bus Barn as outlined in the
letter to James Goehrmng dated April 27,2010.
AMOUNT OF FEE:
[>] The estimated fees to complete the services tobn performed io $ 4900,00 . The Client will bn notified bythe
Engineer prior to performing any services that would substantially increase the estimated fee.
[ ] The lump sum fee to complete the services b)be performed will bn$ .
The charge rates shall be Standard 201 rates
A retainer ln the amount of$U is required before beginning services. The amount of the retainer will be credited
toward the final billing when the services are substantially complete. The Engineer will begin services within 1
days of receipt of this signed agreement.
PAYMENT TO THE ENGINEER:
Progress payments shall be made in proportion to the services rendered and shall be due and owing upon receipt of
the Engineer's monthly statement. The Client agrees hu pay interest at the maximum legal rate allowed on accounts 38
Days past due, plus a reasonable attorney's fee, court cost and actual collection of any past due amounts.
This agreement consisting of this sheet plus any attachments, is hereby accepted by the respective parties.
1. ENGINEER shall perform professional engineering and norma�
incidental service thereto, The ENGINEER is authorized to proceed
as of the date of this contract unless otherwise noted.
z PAGES ONE AND TWO of this form constitute written
authorization for the ENGINEER to proceed. Follow this
authorization, the ENGINEER will consult further with CLIENT to
clarify requirements for the Project and review available data.
3. The ENGINEER will perform its services ina manner consistent
with generally accep professional standards required of it and
other design professionals providing similar services under similar
conditions, in the same for-21e.
6. CLIENT shall provide all criteria and full information asm
CLIENT'sequiwmvnts for the Project; designate n person ao,wam
uumo|tyonCL|smTG behalf |nre^pon,n/ all aspects uf the Project;
examine and respond promptly x, ENGINEER'S submissions; and
give prompt written notice to ENGINEER whenever ho observes vr
nmomwiou becomes aware of any defect in the work. The
ENGINEER and its consultant has the right wm|yon the auoraqyv{
CL|EmT-fum !shed information,
*Any Opinion of the Construction Costpen oedhy*mEmGINEER
represents his judgment sma design professional and m supplied for
the general-guidance of the CLIENT. Since the ENGINEER has no
uunuol over the cost of labor and m«teNo|, or over competitive
bidding or market conditions, the ENGINEER does not guarantee the
accuracy nf such opinions a^ compared m Contractor bids oractual
oust to the CLIENT.
5. ENGINEER shall not Ue responsible for t acts or omissions of
any Contractor, or subcontractor, ur any of the Contractor(s)' or
vuh*n"maom/ agents or employees or any other persons (except
EmGUN6EFrs own employees and agents) at the site urotherwise
performing any *fCuntr*^wr(o)' work; however, nothing contained
herein shall heconstrued to release ENGINEER
from his responsibilities m properly perform duties undertaken uyhim
asa part v[ this AGREEMENT,
CLIENT shall also do the following and Pay all costs incidental
thereto:
(1) Provide such legal, accounting and other counseling
services as may be required for the project.
(2) Furnish approvals and permJs from all governmental
authorities having jurisdiction over the Project.
ENGINEER will obtain design approval from
appropriate agencies.
(3) Pay all costs incidental to obtaining bids or proposals
From Contractor(s).
(4) Pay all review and filing fees required by
governmental agencies.
(5) Guarantee full and free access for the ENGINEER to
enter upon all property required for the performance of
the ENGINEER's services under this Agreement.
7. The obligation to provide further services under this Agreement
may be terminated by either party upon seven days written notice
in the event substantial failure by the other party to perform in
accordance with the terms hereof through no fault of the
terminating party. In the event of any termination, ENGINEER will
be paid for all services rendered to the date of termination, all
Reimbursable Expenses and termination expenses. The CLIENT
may terminate this contract for their convenience by using a formal
notice to the ENGINEER which completes the termination when
acknowledged by the ENGINEER. The ENGINEER
acknowledgement shall occur within 7 days of document receipt.
8. CLIENT and ENGINEER each binds himself and his partners,
successors, executors, administrators, assigns and legal
representatives to the other party of this Agreement to the
partners, successors, executors, administrators, assigns and legal
representatives of such other party, in respect to 211 covenants,
agreements and obligations of this Agreement.
9. All documents including drawings/specifications provided or
furnished by ENGINEER pursuant to this Agreement are
instruments of service and ENGINEER shall retain an ownership
and property interest therein. CLIENT may make and retain
copies for information and reference in connection with the project
use and occupancy. Any CLIENT reuse without ENGINEER's
authorization will be at CLIENT's sole risk.
10. Dispute Resolution - The CLIENT and ENGINEER agree to
negotiate in good faith for a period of thirty days from the date of
notice of all disputes between them prior to exercising their rights
to mediation. Mediafion by a CLIENT-ENGINEER agreed upon
mediator would occur after the 30 day period. If litigation does
occur, it would be in the legal jurisdiction of Gallatin County,
Montana.
CLIENT: _City of8ozema
BY:
TITLE: r c. H r
U
DATE: to
ENGINEER: THOMAS, DEAN & HOSKINS, INC,
By:
TITLE: Project .rXanager
DATE. 4127110
11. Nothing herein shall be construed to give any rights or
benefits hereunder to anyone otherthan CLIENTand ENGINEER.
"
Thomas, Dean & Hoskins, Inc. 1 Y'
TD&H
Engineering Consultants
April 27, 2010
City of Bozeman
Attn: James Goehrung
814 North Bozeman Avenue
Bozeman, MT 59715
RE: Bus Barn Testing
Dear James,
At your request we have prepared the following proposal for testing of concrete at the City
Shops/HRDC Bus Barn Facility. We propose the following scope of service based on the
drawings and specifications:
• Trip I and Trip 2 — Test footing concrete and take two sets of five concrete cylinder
samples.
• Trip 3 and Trip 4 — Test foundation wall concrete and take two sets of five concrete
cylinder samples.
• Trip 5 and Trip 6 — Test stem wall concrete and take two sets of five concrete cylinder
samples.
• Trip 7 through Trip 1 — Test slab concrete and take eight sets of five concrete cylinder
samples.
I have assumed that we will only be casting laboratory cylinders and not field cure cylinders
based on a conversation that I had with the Jeff Sandholm with Dowling Sandholm Architects,
We can provide the above scope of work on an hourly basis for an estimated fee of $4,900. The
estimated number of trips outlined above is based on a conversation I had with Brian Nostrant
with BN Builders on April 27, 2010. Depending on the efficiency and construction schedule of
the contractors placing concrete, this schedule and our estimated number of trips and associated
hours could vary. We believe this is a reasonable schedule for the contractor to meet but also
recommend including some contingency for material testing and inspection.
We could also provide services to ensure that the floor is within specified flatness and levelness
in accordance with ASTM E 1155. Please let me know if you would like a price for these
services.
IONM - Bo, - (400) 586-0277 - FAX(406)586-4951
If our proposal is acceptable, please sign the attached Short Form Agreements and return one to
us. The other copy is for your records. Thank you for the opportunity to provide you with this
proposal.
Sincerely,
Thomas, Dean & Hoskins, Inc.
Keith Waring, P.E. �--�
J:1B00 -000 Small Johs=6 Cay of Bozeman -HRDC Bus Bam1DOCilM NTS\AGREEMENT& Bus Barn Testuag4.27,10 Bus Barn Proposal,doc