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HomeMy WebLinkAbout12- PSA between City and Nishkian Monks, PLLC for Engineering services for structural assessment of Fire Station #1PROFESSIONAL SERVICES AGREEMENT T141S IS AN AGREEMENT made as of D�c_celiiberK 2012, between THE CITY OF BOZEMAN,,a Municipal Corporation, Bozeman, Montana, 59715 (OWNER) and Nishkian Monks. —PLLC, Bozeman, Montana, (ENGINEER), Whereas the accomplishment of the work and services described in this Agreement is essential to the OWNER'S public works improvement program. Whereas the OWNER intends to and has selected file ENGINEER to provide necessary and professional engineering services for tile 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 EUIBIT A, Revised Structural EUineerin Service PEqlao—sal, are hereby incorporated in and made part of this Agreement, ARTICLEJ - ENGINEE RING..SFRVICES 1.1. The detailed description of the specific project components is described as follows-: Complete a structural assessment of the existing Fire Station #I, located at 34N. Rouse, Bozeman, MT, using methods prescribed in the standard ASCE/SEI 3,1-03 to determine the current adequacy of the fire station to resist seismic and gravity forces; evaluate the existing fire station for adequacy to support additional load for adding on to the rife station for dormitory and/or office space; provide recommendations for where such additions can be rnadc, and strengthening work required to expand .the fire station; summarize the findings in a written report, 1.1 The scope ofservices under this contract are set forth in this agreement and the attached EXI-I IBITS. ARTICLE 2 - ENGTNEER'SRESPONSIBILITIES 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 structural engineering services incidental thcrelo. 12. 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 tile OWNER all data, reports, plans, specifications, and recommendations as designated herein. 2.3, The ENGINEER shall ascertain such information as may have a bearing on tile work from local units of government, public, and private organizations and shall be authorized to procure infonnation from other authorities as to the extent of these contacts and the results thereof, 2A. The ENGINEER'S work shall be in accordance with the standards of sound engineering practices. 2.5. The ENGINEER shall name a Principal-]n-Charge for The duration of the Project. The Principal -In- Charge shall be!XMppk& 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 Matt Miller. P. . The OWNER may name a Task Director who would be the liaison between the ENGINEER and the OWNER during (fie design segment of the Project, 2 —7. 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 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 3.5 ARTICLE 4 - .BASIC ENGINEERING SERVICES The ENGINEER shall render professional Engineering Services as follows: 4j PRE - DESIGN INVESTIGATION PHASE Afler written nutbori7alion to proceed, ENGINEER shall: U . I 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 or 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 or prospective sites, and solutions. "M 4.1,6 4.1.7. 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, 4.1.8, Furnish 3 copies or the Study and Report documents and review them in person with OWNER. 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 froth others such services and will be paid therefor as provided in theAgreenicni; 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 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, 5,16. Providing other services not odierwise provided for in the Agreement, including services normally 0 Nmished by the OWNER as elsewhere herein described, 5.1.7. Furnishing the services of independent professional associates or consultants for other than Basic Services, ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVIC 6,1 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPE NSES OF ENGINEER. 6.1.1 Payment. The OWNER shall fiar design phase services performed as Basic Engineering Services under sections 4.1 through 43 or this agreement pay a total sum in the amount of Not to Exceed - Eleven Thousand Dollars (511,000) Time and Material Fee Basis for such services. 6.1.2 Payment Schedule. Monthly as hours are accrued, and per the hourly rate schedule attached in the Exhibits. 6.1.2.1 Notification. At any time during the construction dint it becomes apparent that the Construction Phase and Project Documentation Services rendered tinder this Agreement will exceed the negotiated compensation for these services, and prior to performing services in excess of (tic 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 6.2,13. Irit is determined that due to a change in project scope under paragraph 5,11, the ENGINEER is entitled to additional compensation, OWNER and ENGINEER may negotiate terms as provided under 6.2.1,1, The amount and teens 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. 6.1.2.2 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 compensaticri. These costs consist of an amount equal to the ENGINEER'S Direct Labor Cost times a factor of for services rendered which shall include Direct Labor, the federally audited payroll Direct Labor OVurhei,d, and General & Administrative Overhead costs. but shall not include any allowance for profit, 6,13 General, Engineer shall submit monthly statements for services rendered. 6,11.4. Reimbursable Expenses, as dertned in section 7A of this Agreement. ror Basic Services and Approved Additional Services shall be paid to the ENGINEER by the OWNER in the actual' amount or the costs incurred up to all 111"Ount not 10 exceed S-4-.-000 which includes $3,500 _ for consultants employed by the Engineer and $500 for all other reimbursable expenses. The estimated reimbursable expenses are identified in Exhibit "A". 614 The OWNER shall pay an amount for Additional Services rendered by the ENGINEER and -approved in writing by the OWNER on The basis of Exhibit "A" hourly rates,or an amount otherwise negotiated at the time such services are requested and approved by the OWNER. ARTICLL7 - —A�EANINGOrjqgms 7.1 AGREEMENT As used herein the term "this Agreement" refers to the contents Or this document and its Exhibits attached hereto and referred to as irthey were part of one and the same document. 7.3 DIRECT LABOR COSTS Direct Labor Costs used as a basis ror 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, speciricadon 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 arc; Principals Project Manager Senior Engineer Sluff Engineer Senior Technicians CAD Dialler Technicians Construction Inspector Two Person Survey Crew Clerical 7.4 REIMBURSABLE EXPENSES S ---------- 1-25.00 /hour S I10:00 /hour $ E00-'—(1(/fiour S_80.00 /hour $ 70.00 ihour S 65.00 /hour $ . ...... ... . 65.00 /hour N/A /hour N/A /hour 65.00 /hour Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENQINEER's independent proressional associates or consultants directly in connection with the Project, such as expenses for: transportation and subsistence 4 incidental thereto; obtaining bids or proposals from Contractur(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 PROAIISIONS 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 ilia ceilings provided in 6,1 and 6.2. Final payment shall be made only after acceptance of the project by the OWNER. If OWNER disputes the amount or the billing, OWNER will notify the ENGINEER in writing within ten (10') calendar (lays of the receipt of bill of the dispute, 8.2 REQUESTS FOR PAYMENT. Each request for payment shall include a documentation summary of the period incremental inan hours incurred, 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 ofthe Basic Services, progress payments due ENGINEER for services rendered through such phase shall constitute total payment for such services. In the event or such termination by OWNER during any phase of The Basic Services, ENGINEER also will be reimbursed for the charges of pi-c-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 Tile sole right is hereby reserved to the OWNER to lenninate this Engineering Agreement (brany and all causes or for its convenience at any time upon Fifteen (1 S1 days written notice to the ENGINEER, 9.1 .2 If termination for default is effected by the OWNER, an equitable adjustment ill the price provided for in this Agreement shall be made, bill (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 tile OWNER because orthe 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 [lie termination, 9,13 Upon receipt of a termination action under paragraph 9.1.2, the ENGINEER shall (1) promptly discontinue all affected work (unless time 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 acculnutWed by the ENGINEER in perflonning this Agreement, whether completed Or in process, 9.1.4 in tile 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 tennination shall be delivered to and become the property of the OWNER. 9-1,5 Upon tenninalioll, 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 ternlinite 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 o to costs and expenditures incurred as to the perlionnalicc 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 fillies during the contract period and for three years from the dale of final payment. EMPLOYMENT The ENGINEER warrants that lie has not employed or retained any company or persons, other than a bona ride employee, working solely for the ENGINEER, to solicit to secure this contract, and that lie has not paid or agreed to pay any company or person, other than bona ride employees working solely for the ENGINEER, any fee, commission, percentage, brokerage fee, gills 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 tile price or consideration or otherwise recover The full amount of such fee, commission, percentage, brokerage fee, gift or contingent fec. All employees or the ENGINEER or other persons while engaged in the performance of work or services required by (lie ENGINEER shall be considered employees of the ENGINEER only and not of tile OWNER, 9A 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 ofservices. The ENGINEER shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder and the City of Bozeman's nondiscrimination policy orCominission Resolution No. 4250. 95 SUBLETTING OR ASSIGNING OF WORK The ENGINEER shall not sublet or assign any of the work covered herein without priorwritten approval ofthe 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 tile same profession currently practicing under similar circumstances. If any service should be found to be not in conformance Mth this standard, the ENGINEER shall, at the OWNER's request, re- jicrforin the service at its own expense. Engineer shall also, at its own expense, make such changes, modifications or addition- to the project which are made necessary as a result of the initial tion-performance or the re-performance of services, The OWNER's rights herein are in addition to any other remedies the OWNER may have under the law. 9,7 LEGAL RELATIONS: 93, 1 The ENGINEER shall, consistent with the standard care, comply with those Federal, Stale, and Local laws and ordinances applicable to the work to be done. 93.2 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. 9.73. Tile ENGINEER agrees to 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 10 indemnity and hold harmless the OWNER will apply to any suit, cause oraction, claim, cost or obligation including, without limitation, those alleged under The common law or pursuant to a fiederal or state statute or regulation including those -arising in tort, trespass, nuisance, and strict liability. 9.7 * 4 In the event the OWNER is found proportionately responsible for any damages ultimately awarded to a plaintiff or plaintiffs in any lawsuit, the ENGINEER will be responsible for only those damages, costs, or liabilities as are attributable to the ENGINEER'S percent of fault as compared with 100% of the fault giving rise to the damages, Should the OWNER be lbund responsible for negligence by its own officers, directors, agents or employees, then in that event the OWNER agrees 10 reimburse the ENGINEER for the reasonable attorney',-* fees and costs incurred in any defense of the OWNER in an amount proportional to tile fault attributed to the OWNER. The indemnity required herein shall not be limited by reason of the specification or 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 barinless the other as to any damages, costs or liabilities that result from or arise out of that intentional misconduct, including reasonable attorney's fees and costs which shall include costs and salary of the city attorney or other in-house counsel, Further. notwithstanding The obligations set forth in paragraphs 9.7,2 and 9.73 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 Tile ENGINEER shall perform this agreement as an independent contractor, and as suell, is responsible to the OWNER only 'it; 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 uneniployinent insurance, 9,8 INSURANCE The ENGINEER shall secure and furnish to the OWNER certificate of insurance, therein, naming the OWNER Is an additional insured, to include thirty (30) days notice of cancellation or non-rcnewal. Without limiting any or ENGINEER's obligations hereunder, ENGINEER shall SCCLIre and maintain, until the work is completed and accepted by the OWNER, insurance coverage naming the OWNER as additional insured witli Ininimurn insurance coverage as rollows, Eon r) lovers' Liabi I ity: General Liability: Bodily, filitia Single and combined Execs LiabiIitv Coverave (umbrella Automobile: Bodily Iniury covering .,all automobiles, trucks, tractors, trailers, or other automotive equip- ment whether owned or rented by Engineer or owned by employees of' Engineer. Property Damage covering all automobiles, trucks, tractors, trailers or other automotive equipment whether owned or rented by Engineer, or owned by employees of Engineer MD Limits 100,000. per accident 1,000.000, per accident S �2000,gqq� 5-1 000,000. each occurrence S1,000,000 each person S 1,000.000 each occurrence $ 100,00 each occurrence P�q illniEy & Property_$.I000-000 each occurrence Damage L Single and combined In addition to the above insurance coverage, the ENGINEER shall Secure secure and maintain, until the work, is corripleled and accepted by the OWNER, and without naming OWNER as an additional insured, professional erros and omissions coverage as fbllows: Professional, Errors & Omissions: S 1,000,000 per claim and aggregate cacti occurrence 9,9 ENDORSEMENT The ENGINEER shall place his endorsement on all drawings and other data furnished by him. 9 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 pi•Qlcct. Any reuse without written verification or adaptation by ENGINEER will be at OWNERs sole risk and wifl)OLA 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 users sole risk. 9.11 PUBLIC INFORMATION The ENGINEER shall not issue any staternenis, releases or information for public dissemination without prior approval of the OWNER, 9.12 PROPRIETARY RIGHTS If patentable discoveries or inventions should result from work required herein, all rights accruing from such discoveries or inventions shall be joint property of the ENGINEER and the OWNER. Provided that the OWNER, state agencies or political subdivisions and the United States Government shall have the irrevocable, nonexclusive, nontransferable and royalty-free license to use each invention in The manufacture, use and disposition, according to law, of any article or material, and in the use of any method that may be developed as Part of the work described and contemplated herein, 9.13 RECORDS The ENGINEER shall maintain accounting records and other evidence pertaining to the cost incurred and to make the records available at all reasonable times during The Contract term and for one (1) year from the date of final payment. Such accounting records and other evidence pertaining to the cost incurred will be made available for inspections by OWNER. 9.14 SUCCESSORS IN INTEREST The covenants, agreements and all statements in this Contract apply to and shall be binding on The heirs, personal represernalivcs, successors and assigns of the respective parties. 10 9.15 ATTORNEVIS 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 quoroey'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 or this Contract or any provisions herein ;hall be niade in writing or executed in the saute manner its this original document and shall after execution become a part of this Contract. In witness Whereof, the Parties hereto do rnale and execute this Agreement, CITY OF B 0 ZE M A N, MONTANA .BY: (City Man DATE: I -) - 1 -2— iz-L� . - ATTEST: BY� (City Jerk, ENGINEER BY: </,', I' (It' -, t (President) DATE-. 12 " & 17,- EXHIBIT 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 I between CITY OF (OWNER) and Nishiclan Monks, PLLC (ENGINEER) providing for professional engineering services. ARTICLE 10 - ENGINEER'S STATUS -DURING CONSTRUCTION 10.1. OWNER'S REPRESENTATIVE ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Conti-act Documents and shall not be extended without written consent of OWNER and ENGINEER, 10.1 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 all 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 tile Work. 10.3. PROJECT REPRESENTATION If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in EXHIBIT B.A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUPHORITY_OF THE RESIDENT PROJECT REPREKSE NTATLVE. 10.1. CLARIFICATIONS AND INTERPRETATIONS ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in the General Provisions of the construction Contract Document. 10.5, AUTHORIZED VARIATIONS IN WORK ENGINEER may authorize minor variations in the Work frorn the requirements of the Contract Documents which do not involve an adjustment in tile 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 n claim therefor as provided in the General Conditions of the Construction Contract. 1Q.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 Docuunent whether or not the work is fabricated, installed, or completed. 10,7. SHOP (DRAWINGS, CHANGE ORDERS AND PAYMENT 10.7,1. The ENGINEER's responsibility for Shop Drawings and samples shall comply with the shop drawwFing . provisions of tile 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. 103.3. Tile 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 air Application for Payment or othenvise) to OWNER. 117.9. RECISION ON (DISPUTES 10.9.1. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of tiro ncccptability, of the Work thereunder. Claims, disputes and other matters slating to the acceptability ol'thc 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 Tender in writing within a reasonable tinge. Written notice of each such claim, dispute and other matter shall be promptly reported and copied to the OWNER, 10.92. When functioning as iniciprcter tinder paragraphs 10.8 and 10.9.1. ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant in paragraphs 10.8 and 10.9.1 with respect to any such claim, dispute or other matter will be a condition precedent to any excrcise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter, 991.10. LIMITATIONS ON ENCINEER'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 excreise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRAC7011, any Sub-coutractor, any Supplier, or any other person or organization performing any ofihe Work, or to any surety for any orthcm. 10.10.2. Whenever in the Contract Documents the terms "a5 ordered", "as directed", "its required", "as allowed", "as approved" or tenets of like Mcet or import are used, or the adjectives "reasonable", "suitable", "acccphible", "proper" or satisfiwtoryl' or adjectives or like effect or import arc used to describe a requirement, direction, review or tidgment of :R as to the Work, it is intended Illat such requirement, direction, r;Mcw orjudgment will be solely to evaluate the ENGINEr i Work for compliance vvith the Contract Documents (unless there is a specific statement indicating otherwise), The use of any such terra 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 of any duty or authority to undertake responsibility contrary to the provisions of paragraph 4.5.3. EXHIBIT TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE, This Exhibit is attached to, made a pail of and incorporated by reference with the Agreement made on between CITY OF BOZEMAN (OWNER) and Nishhuan Monks (ENGINEER) providing for professional engineering services. ARTICLE 11 - DUTIES,, RESPONSIBILITIES A LIMITATION OF A THORITY OF THE L ITIL S U RESIDENT PROJECT REPRESENTATIVE ENGINEER shall furnish a Resident Project Representative (RPR), assistants and other field staff to assist ENGINEER in observing performance of the work of Contractor. Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the RPR. and assistants, ENGINEER shall endeavor to provide further protection for OWNER against defects and deficiencies in the work of CONTRACTOR; but, the furnishing of such services will not make ENGINEER responsible for or give ENGINEER control over construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or responsibility for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents and in particular the specific limitations set forth in section 4.5 of the Agreement pre 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; ILL GENERAL RPR is ENGINEER's agent at the site, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding RPR's actions, RPR's dealings in matters pertaining to the on-site work shall in general be with ENGINEER and CONTRACTOR keeping OWNER advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR, RPR shall generally communicate with OWNER with the knowledge of and under the direction of ENGINEER. 11,2. DUTIES AND RESPONSIBILITIES OF RPR 11.2.1. 'Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of Values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. 11.2.2. Conferences and Meetings: Attend meetings with CONTRACTOR, such as prec'enstruction conferences, progress meetings, job conferences and (lie project-related meetings, and prepare and circulate copies of minutes thereof. 11.2.3. Liaison; 11.2.3.1.Serve as ENGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's superintendent and assist in understanding the intent of the Contract Documents; and assist ENGINEER in serving as OWNEWs liaison with CONTRACTOR, 11,2' .2.Assist in obtaining 3 , from OWNER additional details or information, when required for proper execution of the Work. 112-4. Shop Drawings and. Samples: 11.2.4.1. Record date of receipt of Shop Drawings and samples. 11.2.4.2 Receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of availability of samples for examination. 11-2.4-3. Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring Shop Drawing or sample if the submittal has not been approved by ENGINEER. 11.2.5, Review of Work, Rejection of Defective Work Inspections and Tests: 11.2,5.1.Conduct on-site observations of the Work in progress to assist ENGINEER in determining if tire Work- is in general proceeding in accordance with the Contract Documents. 112.5.2, 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. I I .2.5.4.Accomparty 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. lnuwpretation 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. I. Maintain at the job site orderly files for correspondence, reports ofjob conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Change,,, 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. 11.2.5.2.. 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, rind send copies to ENGINEER. I I .2.8.3.Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of materials and equipment, 1129. Res: 11.2.9.1.Furnisli ENGINEER periodic reports as required of progress of the Work and of CONTRACTOR's compliance with file 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. 11.2,93. 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 Voll tile occurrence of any accident, 11.2,10. Payment Requests: Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to ENGINEER, noting particularly the relationship of tile payment requested to the schedule of values. Work completed and materials and equipment delivered at the site but not incorporated in the Work, 11.2.11. Certificates, Maintenance and Operation Manuals: During the course of she Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and fumished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work. 11,2.12. Completion: 11.2.12.1. Submit 10 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. 1132. 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. 113.4. 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 1117c specifically required by the Contract Documents. 11.3,5. Shall not advise on, issue directions regarding or assume control over safety precautions and prograrris, in connection with the Work. 11.16. Shall not accept Shop Drawing or sample submittals from anyone other than CONTRACTOR, 11.33. 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, NON-DISCRIMINATION AFFIRMATION FORM j"j­f>t1btjCLL,� ' (name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability in the performance of work performed for the city of Bozeman, if a contract is awarded to it, and also recognizes the eventual contract, if awarded, will contain a provision prohibiting discrimination as described above and that this prohibition shall apply to the hiring and treatment of the L�SLL I c," (c- - k-, , lot t ( [name of entity submitting] employees and to all subcontracts it enters into in performance of the agreement with the city of Bozeman. Signature of Bidder: Person authorized to sign on behal f of the bidder