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
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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.
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9,10 OWNERSHIP OF DOCUMENTS
The parties admit and agree the documents produced under this agreement are not intended or represented to be suitable
for reuse by OWNER or any other individual on any other 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.
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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