HomeMy WebLinkAbout93- West Babcock Subdivision Improvements by Morrison-Maierle Professional Services Agreement PROFESSIONAL SERVICES AGREEMENT
M-M Contract No. 2538.002,040.0310
THIS IS AN AGREEMENT made as of October 4, 1993, between THE CITY
OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, 59771-0640
(OWNER) and Morrison-Maierle/CSSA, Inc. , Po. Box 1113, Bozeman,
Montana, 59771-1113 (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 construct approximately 1632 lineal
feet of city streets, 3720 lineal feet of water main and 2961
lineal feet of sewer main for the HRDC West Babcock Housing
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,B,C, E and F (CDBG Conditions) - are hereby incorporated in and
made part of this Agreement.
ARTICLE 1 - ENGINEERING SERVICES
I.I. The detailed description of the specific project components is described as follows:
Asphalt street improvements include 1632 lineal feet of streets to the City of Bozeman Standards,
including curb, gutter and sidewalks.
Water main extension includes 3024 lineal feet of 8-inch DI pipe and 696 lineal feet of 10-inch
DI pipe.
Sanitary sewer main extension includes 1415 lineal feet of 8-inch and 1546 lineal feet of 10-inch $DR
35 PVC pipe.
1.2. The scope of services under this contract are set forth in this agreement and the attached EXHIBITS A,B,
AND E.
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 and structural 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 an 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 Project Director for the duration of the project. The Project Director shall
be Jack R. Schurike, P.E. Bozeman Office Manager.
2.6. The ENGINEER shall name a Project Manager who shall be the liaison between the ENGINEER and the OWNER,
The Project Manager shall be Jack R. Schunke and the Project Engineer Glenn Wood. 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 Craig E. Brawner, P.E., City Engineer.
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 (as-built 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.
4.1,4. Provide analyses of OWNER's needs, planning surveys, site evaluations and comparative studies
of prospective sites and solutions.
4.1.5. Provide a general economic analysis of OWNER's requirements applicable to various alternatives.
4,1.6. Prepare a Report containing schematic layouts, sketches and conceptual design criteria with
appropriate exhibits to indicate clearly the considerations involved (including applicable requirements
of governmental authorities having jurisdiction as aforesaid) and the alternative solutions available
to OWNER and setting forth ENGINEER's findings and recommendations. This Report will be accompanied
by ENGINEER's opinion of probable costs for the Project, including the following which will be
separately itemized: Construction Cost, allowance for engineering costs and contingencies. and (on the
basis of information furnished by OWNER) 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, for interest and financing charges and for other services to be provided by others for
Owner. The total of all such costs, allowance, etc. are hereinafter called "Total Project Costs".
4.1.7. Furnish 3 copies of the study and Report documents and review them in person with OWNER.
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The Pre-design investigation Phase will be completed and submitted within 21 Calendar days following written
authorization from OWNER to ENGINEER to proceed with that phase of services.
4. 2 PRELIMINARY DESIGN PHASE
After acceptance of the pre-design report and 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 a Preliminary Design Report. preliminary plans and specifications
and a written description for the Project.
4.2.3. Preliminary Desicn Reporta Specific items to be addressed in the design report will include,
but not be limited to:
4.2.3.1. Summary of construction requirements with appropriate drawings for each task included
in the project.
4.2.3.2. Plans for providing water and sewer services for affected properties during
construction.
4.2.3.3. Summary geotechnical report for specific tasks, if needed,
4.2.3.4. Special design considerations for Project tasks with conditions not covered in
standard construction methods or specifications.
4.2.3.5. A traffic control plan for each project task, if necessary,
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) 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.
4.2.5. Permits and Rights-of-WaY. The ENGINEER shall obtain approved permits, licenses, and/or
easement agreements from private landowners and any other agencies or entities requiring similar
approvals prior to bidding. These approvals will be coordinated with the OWNER and will he made
on easement and permit documents approved by the OWNER. information and easement descriptions provided
in the Basic Engineering Services will be based on date 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 geotechnical 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 additional backhoe test pits and scil borings as necessary.
The ENGINEER shall, furnish copies of a geotechnical 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 revised opinion of probable Total Project Costs to the OWNER.
4,2,9, ENGINEER shall prepare and furnish complete copies of preliminary bidding documents and design
report 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 30 calendar days following written
authorization from OWNER to ENGINEER to proceed with that phase of services.
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4.3 FINAL DESIGN PHASE
After written authorization to proceed with the Final Design Phase, ENGINEER shall:
4.3.1. On the basis of the accepted Preliminary Design documents and the revised opinion of probable
Total Project Costs, prepare for incorporation in the Contract Documents final drawings and Technical
Specifications of sufficient detail to show the general scope, extent and detailed character of the
work to be furnished and performed by the Contractor(s) suitable for use in the project bidding and
construction.
4.3.2. Advise OWNER of any adjustments to the latest opinion of probable Total Project Costs caused
by changes in general scope, extent or character or design requirements of the Project or Construction
Costs. Furnish to OWNER a revised opinion of probable Total Project Costs based on the Drawings and
Specifications.
4.3.3. Prepare for review and approval by OWNER, its legal counsel and other advisors, contract
agreement forms, general conditions and supplementary conditions, and (where appropriate) bid forms,
invitations to bid and instructions to bidders, special provisions, technical specifications, and
standard drawings, and other related contract documents in conformance with the latest edition of the
Montana Public Works Standard Specifications (MPWSS) and City of Bozeman Modifications to MPWSS adopted
by the City of Bozeman.
4.3,4, Furnish OWNER six copies of the Contract Documents (including design drawings, specifications
and contracts).
The Final Phase will be complete and submitted with 45 calendar days 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 I ENGINEER shall consult with and advise OWNER
and act as OWNER'S representative as provided in EXELIBIT A - ENA - 'S STATUS DURTwr- COKSTRUCT—,
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.
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In addition to the services provided under Article 10 (Exhibit A) the ENGINEER shall provide the
following services during construction:
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 Eleven months after project substantial completion schedule and conduct with
the Owner a One 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 E3M SIT B - A LISTING
of TM DUTIES, RESPCKSIBILITIES AND LIMITATIONS OF AUTMRITY 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 Zimitations of ResFOnsibilities1 ENGINEER will not he responsible for CONTRACTOW9 means,
methods. techniques, sequences or procedures of construction, or the safety precautions and programs
incident thereto, and ENGINEER will not be responsible for CONTRACTCR's failure to perform or furnish
the Work in accordance with the Contract Documents; however, nothing contained in this agreement shall
be construed to release ENGINEER from liability for failure to properly perform duties and
responsibilities assumed by ENGINEER in the Contract Documents.
4. 6, PROJECT DOCUMENTATION
ENGINEER shall furnish OWNER with (a) one mylar copy and two paper copies 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 and maintain detailed documentation of the following material testing:
1) Concrete air content and slump
2) Embankment, Trench backfill, and gravel and pavement replacement 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 therefor
as provided in the Agreement:
5,1.1. Legal land surveys performed to obtain data for preparing easements and rights-of-way
descriptions.
5,1.2. Preparation of applications and supporting documents for governmental agencies in addition to
those required under Basic services; preparation or review of environmental studies and related
services; and assistance in obtaining environmental approvals.
5.1.3. Services resulting from significant changes in the general scope, extent or character of the
Project or major changes in documentation previously accepted by OWNER where changes are due to causes
beyond ENGINEER's control.
5.1.4. Providing renderings or models.
5,1,5. Preparing documents for alternate bids requested by OWNER for work not executed or for out-of-
sequence work.
5.1,6. Providing other services not otherwise provided for in the Agreement, including services
normally furnished by the OWNER as elsewhere herein described.
5.1.7. Furnishing the services Of independent professional associates or consultants for other than
Basic Services.
5.2. when required by the Contract Documents in circumstances beyond ENGINEER's control, ENGINEER shall
perform or obtain from others any of the following additional Services as circumstances require during
construction and without waiting for specific instructions from OWNER, and ENGINEER will be paid 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 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 Contractors}; 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 LUIMp SUM pAytONT FOR DESIGN SERVICES AND R)WMES OF ENGINEER
6.1.1 Lump Sum 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 lump SUM in the amount of Twenty Two
Thousand for such services.
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6.1.2 Fa ment Schedule. Total cumulative payments for the design phase engineering services
(sections 4.1 through 4.4) shall not exceed the following ceilings:
a 2,210.00 (10 % of design fee) until the Pre-design Investigation and Preliminary Design Report have
been submitted to the OWNER.
$ 11,050.00 (50% of design fee) until the Preliminary Plans and specifications have been submitted to
the OWNER and review authorities.
$__19,,890.00 (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 an 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.
6.2 LUMP SUM PAYMENT FOR BILSIC SERV CES 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 a Lump SUM Of
822,a5O,OO except as provided under 5.2.1 and 6.2.4.
6.2.1.1 Costs Compensation.ion. Compensation for these services shall he made and based on the
-
percentage of completion of the construction work.
6.2.1,2 Notification. At any time during the construction it becomes apparent that due to a
change in project scope under paragraph 5.2.1, the ENGINEER is entitled to additional
compensation for the Construction and Project Documentation Services rendered under this
Agreement, the ENGINEER shall promptly give OWNER written notice thereof. OWNER and ENGINEER
may negotiate terms for additional compensation as provided under 5.2. The amount and terms
of any additional compensation shall be negotiated and agreed in writing pursuant to 9.16.
6.2.2. Reimbursable _KXpenres, 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.
6,2,3. Failed IgAt Ex enses. 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 an amount negotiated at the time such services are requested
and approved by the OWNER.
ARTICLE 7 - MEANING OF TERMS
7.1 AGREEMENT
As used herein the term "this Agreement" refers to the contents of this document and its Exhibits attached
hereto and referred to as if they were part of one and the same document.
7.2 CONSTRucTIOK 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,
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7.3 DIRECT LABOR COSTS
Direct Labor Costs used as a basis for payment mean 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 purpose of this Agreement the principals and employees of the
ENGINEER Direct Labor Costs are,
Principals $75,00/hour
Project Manager $50.00/hour
Senior Engineer $55.00/hour
Staff Engineer $40.00/hour
senior Technicians $40,00/hour
CADD Drafter $35.00/hour
Technicians $35.00/hour
Clerical 825.00/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.
ARTICLE 8 - PAYMENT PROVISIONS
8.1 TIMES OF PAy?UMTS_ 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 6.1.2. and 6.2.1. 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 REDUESTS FOR PAYM[KNT- 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 TE3M114ATI0K_ 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 sale right is hereby reserved to the OWNER to terminate this Engineering Agreement for any
and all causes or for it's 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.
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9.1.3 Upon receipt of a termination action under paragraph 9.1.2. the ENGINEER shall (l) 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.
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 E21PLOYPIENT
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 NONDISCRIIUMATION
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 V1 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 C2M
ENGINEER warrants that it will provide its services in accordance with the standards of care, skill, knowledge,
and diligence normally exercised by a professional engineer in the performance of such engineering services.
If any such service should be discovered to be not in conformance with this standard, the ENGINEER shall, at
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
nonperformance 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 LEXML MKIATIONS
The ENGINEER shall comply with all Federal, state. and Local laws and ordinances applicable to the work to be
done.
The ENGINEER agrees to indemnify, hold harmless and defend the OWNER and its officers, agents and employees
against any and all actions, suits, claims, demands, costs, judgements, expenses (including a reasonable
attorney's fee), and liability of any character whatsoever brought or asserted for any injury, death, or damage
received or sustained by any person, persons, property, business or any other entity, arising out of or
resulting from, or in connection with the performance of the work herein specified. The ENGINEER is not
required to defend the OWNER from assertions that the OWNER was negligent, Or indemnify the OWNER from liability
based solely on OWNER's negligence. The indemnity required here shall not be limited by reason of the
specification of any particular insurance coverage in this Agreement.
9
The ENGINEER is and 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 INSURAMCR
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:
Type of Coverage Limits
Employers' Liability: $ 100,000 per accident
General Liability:
Bodily Inj u ry_&_Property
Damage Single and combined S 1,000,000 per accident
Automobile•
Bodily Iniury covering all L_5000 each person
automobiles, trucks,
tractors, trailers. or 00_0 Q20 each occurrence
other automotive equip-
ment whether owned or
rented by Engineer or
owned by employees of
Engineer,
propgLty_pamage covering 500,000 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 k-Eigperty 500 000 each occurrence
Damage Single and combined
Professional Er crs & omission! S 1,000,000 per claim and
aggregate each occurrence
9.9 ENDORSEMM
The ENGINEER shall place his endorsement on all drawings and other data furnished by him.
9.10 OUKERSHIP OF DOCUKENTS
All schedules, data, exhibits, recommendations, design reports, plans, specifications, and other related
documents prepared or obtained under the terms of the Contract are deemed to be the property of the OWNER and
shall be delivered to the OWNER.
9.11 PUBLIC XMORHATIOM
The ENGINEER shall not issue any statements, releases or information for public dissemination without prior
approval of the OWNER.
10
9.12 PRopxIETARY Ric=
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 SUCCE=RS 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.
9.15 ATTORwXY*s FEES: AxD 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 MODIFIC&TIONS AND AMENDMEXTS
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 ENGIN*R
BY: BY:
(City Manager) (Office AaAcTer)
DATE: DATE: 15
ATTEST:
BY:
(Clerk of Commission)
APPROVED AS TO FORM
BY:
(City Attorney)
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 October
_4L3, 1993, between CITY OF HOZEK&N (OWNER) and Morrison- Kaierle/CSSA (ENGINEER) providing for professional
engineering services.
ARTICLE 10 - ENGINEER'S STATUS DURING CONSTRUCTION
10. 1 . OWNERS '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,
AuTHaRITy OF TEEK RESIDENT PltaJECT REPRESENTATnM-
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 other-wise) as ENGINEER may determine
necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract
Documents. If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the
Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent
thereof. CONTRACTOR may make a claim therefor as provided in the General Provisions of the construction Contract
Document.
10. 5. AUTHORIZED VARIATIONS IN WORK
ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do
not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent
of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER, and also
on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field order justifies
an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as
to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in the General Conditions of
the Construction Contract.
10. 6. REJECTING DEFECTIVE WORK
ENGINEER will have authority to 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.
1
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 caparity. 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 other-wise
have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or
other matter.
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.
2
EXHIBIT B
TO AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL 'SERVICES
A LISTING OF THE DUTIES, RESPONSIBILITIES AND
LIMITATION'S 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 October
4, 1993, between CIZY QF BOZE2%N (OWNER) and Morrison-Kaierle/CSSA (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 8.5 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 cn-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:
1„1.2.3.1. '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.
11.2.3.2. Assist in obtaining from OWNER additional details or information, when
required for proper execution of the Work.
11.2.9. Shgs 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.
1
11.2.5. Review of Work, Rejection of Defective_Work Ing_pect,io ri
s 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 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.
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.
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 : 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 for-warding to OWNER
prior to final payment for the Work.
2
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.
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.
EXHIBIT F
SUPPLEMENTAL CONDITIONS TO STANDARD
ENGINEERING SERVICES CONTRACTS
The following Supplemental Conditions are hereby made a part of
the contract to which they are appended supplementing that con-
tact and superseding any of its articles of which they are in
conflict.
1. INDEPENDENT CONTRACTOR. It is understood by the parties hereto that the ENGINEER is an inde-
pendent contractor and as such neither it nor its employees, if any, are employees to the CITY
OF BOZEMAN for purposes of tax, retirement system, or social security (FICA) withholding. It is
further understood that pursuant to section 39-71-401. MCA, the ENGINEER has obtained, and will
maintain at its expense for the duration of this Contract, coverage in workers' compensation
plan for its principles and employees for the services to be performed hereunder.
2. CONFLICT OF INTEREST. The ENGINEER covenants that it presently has no interest and will not
acquire any interest, direct or indirect„ in the CDBG project which would conflict in any manner
or degree with the performance of its services hereunder. The ENGINEER further covenants that,
in the performing this Contract, it will employ no person who has any such interest.
3. CIVIL RIGHTS ACT OF 1964. The Engineer will abide by the provisions of the Civil Rights Act of
1964 which states that under Title VI, no person may, On the ground of race, color, or national
origin, be excluded from participation in. be denied the benefits of, or be subjected to dis-
crimination under any program or activity receiving federal financial assistance.
4. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT .ACT OF 1974. In the performance of this
Contract the Engineer will obey this provision which states that:
No person in the United States may on the grounds of race, color, national origin, or sex be
excluded from participation in, be denied the benefits of, or be subjected to discrimination
under any program or activity funded in whole or in part with the funds made available under
this title. Any prohibition against discrimination on the basis of age under the Age Discrimi-
nation Act of 1475 or with respect to an otherwise qualified handicapped individual as provided
in Section 504 of the Rehabilitation Act of 1973 will also apply to any such program or activi-
ty.
5. SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968. The ENGINEER will ensure that to
the greatest extent feasible opportunities for training and employment arising in connection
with this CDBG-assisted project will be extended to lower income project area residents. Fur-
ther, the ENGINEER will, to the greatest extent feasible, utilize business concerns located in
or substantially owned by residents of the project area, in the award of contracts and purchase
of services and supplies.
6. MINORITY BUSINESS ENTERPRISE. Consistent with the provisions of Executive Order 11246, the
ENGINEER will take affirmative steps to assure that minority businesses are used when possible
as sources of supplies, equipment, construction and services. Additionally, the ENGINEER must
document all affirmative steps taken to solicit minority businesses and forward this documenta-
tion along with the names of the minority subcontractors and suppliers to the local government
CDBG recipient upon request.
EXHIBIT F - Page 1 of 2 Pages
7. ELIGIBILITY. The contractor certifies that the Contractor's firm and the firm's principals are
not debarred, suspended, voluntarily excluded, or in the CDBG project which would conflict in
any manner or degree with the performance of its services hereunder. The ENGINEER further
covenants that, in the performing this Contract, it will employ no person who has any such
interest.
C:\2538\HRDC.CNT
November 19, 1993
EXHIBIT F - Page 2 of 2 Pages
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EXHIBIT D
FEE SCHEDULE
West Babcock Subdivision Improvements
(1993-1994 )
PHASE PROPOSED FEE
DESIGN AND APPROVAL PHASE L.S. $22, 100.00
CONSTRUCTION PHASE $22, 850.00
TOTAL FEE $44, 950.00
Our budget includes approximately $3 , 000 . 00 of
geotechnical. services for soils testing and determining
soils strength values (CBR) California Bearing Ratio.
This will be used for street section design.
C:\9301.000\HRDC\FEE.3CH
EXHIBIT E
SCOPE OF SERVICES
We propose to provide the following services:
DESIGN PHASE:
Meet with HRDC to define improvements and refine schedule
o Acquire field data
• existing utility locations
• ground profiles
- utility elevations
+ Prepare Preliminary Design Layout
• obtain general approval of design concept from City
• review funding and project costs
+ Prepare plans and specifications for water mains and service
lines, sewer main and service lines, streets , curb and
gutter, sidewalks, storm sewers, retention pond and other
related improvements
+ Coordinate locations and installation criteria, with utility
companies for power, gas, telephone and cable TV.
Prepare Design Report for improvements
• evaluate water and sewer service area of adjacent area
• required line sizes
• required depth of sewer mains
• estimated short and long term sewer and water flows
generated in service area
• pavement section design
• other design data required by City and State
Conduct Soils Investigation
• obtain soils data for street design (CBR)
• report of ground water conditions
• conduct soil proctors for subgrade materials
o Prepare submittal for State and City review
• plans and specifications
• Design Report
• Joint Application form
• supporting data
Meet with design review personnel as required by City of
Bozeman and State Health Department
+ Acquire 310 Permits
• complete 310 Application permits
• meet with agencies committee to review application
+ Assist in R.O.W. acquisition or easements
prepare exhibits and descriptions
meet with individual owners
• coordinate with owners
Coordinate approval process with City and State as required
to obtain approvals
Prepare Construction Estimate
+ Prepare Final Bid Documents
10 Assist in the bidding process
Prepare Bid Tabulation
Recommend Bid Award
Update construction budget and funding requirements
CONSTRUCTION PHASE
10 Prepare Contract Documents
+ Provide construction staking and control
4 Coordinate to preconstruction conference
4 Provide Construction Inspection and Management
# Complete Inspection Reports
Maintain a detailed diary and construction record
4 Coordinate with HRDC, Contractor, City of Bozeman and Fish,
Parks and Wildlife
Review periodic pay requests by Contractor
Conduct required testing
• compaction testing on trench backfill, and road sub-
grade and bases
• leakage tests on water and sewer mains
• Marshall tests on asphalt
concrete cylinders
• concrete slump tests
Conduct Final Inspection
Prepare As-Recorded Drawings
Complete Final Construction Report
C;\9301.000\HRDC\SCOPZ.SER