HomeMy WebLinkAbout14- TDH Engineering for pre-design engineering investigations for Proposed Sports Field Complex Professional Services Agreement ,
PROFESSIONAL SERVICES AGREEMENT
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THIS /Sx�N /\GREEmmENl made umof \v��\�ou /��� � ` between THE CITY 0fB0Z£MAN. 0
Municipal Corporation, Bozeman, Montana. 5V7|5 and TDlfEngineering, 234D. Babcock, Suite 3,
Bozeman,Montana,5V7Y5 (ENGlNEEB)'
Wbcrcmv the accomplishment of the work and y*,vi,«m described in this Agreement is enoaudu} to the
OWNER'S public works improvement program.
Whereas the OWNER intends to and has selected the ENGINEER toprovide necessary and professional
engineering services for the project.
Whereas the ENGINEER represents that itl* willing and qualified to perform the professional engineering
eorpioem for this project described io this Agreement.
Therefore, in ovox1dc,xriow *[ {ho foregoing xr6rob and the mmm1mx| ou*moxm(u and conditions contained
herein,the parties agree xafollows:
The conditions and provisions set forth |u the attached Certificate of Survey 2554A.
L|. The detailed description ofthe specific project componenis is described as lolloNvs: /
Perform SLIMCiefll prc-design engineering investigations to support development ofconcept-level cost estimates
for required public water. sever, street. undmnnu iull-aurvum,c imy,urrmcotxac�juccnt tu, and in proximity of'.
the proposed TOP Sports G6do Complex [hc,umftc/ site-1. The Site Occupies un aliquot pail of land being the
W}/2lNu/1/4 Section 3,l2S.|l5E Gallatin County. MT. A legal parcel does not presently exist.altb"ughitoo`
beXenondUNdxoodb^duu the ovnhem VBw;uso[�*� \/\, COS 2554A"o�|u and o[,�or vitb the Gallatin
County Clerk and Recorder(uttuckod Certificate nf8un'oy35J4A).
Cost oubom*s for public m,ee/� shall ,eDeu/ all ,c4ui,c4 c|uncots im c000m'vobno of' hounding roadways.
including ,cyui,cd public munnnuter 6uiUbn,. in mu,wdumcc n'id` the u6"»`ed Greater &orcmum Area
Transportation Nan (2007 Updmv).|]uiOeJ Development Code. and City Design 8/m,d^ndx. This Shall inr\udr
000munchpm estimates for:
' F|u"Jen Mill Huxd to u [oU Local street standard, including nmviuiv" of'maintaining umoveymuoc
capacity nf Maynard Border Ditch ifit resides v'i\h{othe existing 60' ,ig``'o|-va}'
' West Oak Street mV2ofu Principal Arterial street standard
- Cvnvn***d Road t* V�ofu Principal Arterial stoc,standard
- Baxter Lane to V,^tu Minor Arterial street mondo^|
Cost estillintes.for ilitcl-section improvements shall be prepared to provide adequate traffic service/m the parcel io
accordance with the Greater Bozeman Area liaouymtmio"Mom(%007Dpdatc).amducene,iniug,m,fOumuuim
prepared by drvelopem ofnep,hN Subdivisions. No now traffic studies or "level of' so"[ou'' calculations are
expected"ith this analysis.
Cost cmimmc, for public urxor iobummomn sbv\| he »,*pm'ed to provide munc, service to (lie pwcmX in
ucoorduuuu`,idh the adopted Wastewater Facility Muo` Unified Development Code, and City Design Stuodun]o
unless special provisions have been ufilondod the parcel through existing Sewc,*e,,ieCagreements
Cost estimates for public water infrast rLIC t Lire sliall be prepared to provide water service to the parcel in
accordance with the adopted Water Facility Plan, Unified Development Code.and City Design Standards.
L1 The scope or services under this contract iaset forth 6a this agreement and the attached EXHIBITS.
2,1� ENGINEER shall pex6nuu for OWNER professional engineering services in all phases nfthePnjout* °binb
d;uAgreement app|ieu as hereinafter provided, These services will include, but"m6e limited to. oemingvs
0\9N2K'o
proi�cysivvo| engineering ruP,c^entm6vn §br the P,ojeu` providing professional engineering covxu|mdm` and advice and
fbmiohioguusmo`u'y civil and structural engineering services incidental thereto,
2.1 The ENGINEER shall furnish all labor.materials.equipment. supplies. and ionidmuulo necessary x,conduct aod
complete the 2NGlNSCK.S portions of'the Project and to p,cyuv, and deliver to the 0owN2D all data, ncpm*. p|mm^.
specifications.and recommendations*,designated herein,
23, The ENGINEER ,bm\| ascertain such io{'oonati"o us� mu} have u bearing on the nndk fir*m |*mU units of
government. public, and private organ i,a^ions and shall be authorized to procure information |rxn other authorities*om
/bcextent of these contacts and the rouul,atbeun[
2.4. The ENGINEER'S xNork sha0 he in accordance with the standards OfSOUnd engineering pruoducx.
2.5. The ENGINEER shall name aP,iocipxi-/n'Cbm�
be David Cmu ford.PE e for the duration of the po\icc1. The P+iu6puU-111-Chu,gexbaU
2.0. '17he ENGINEER shall name a Prqject Manager who shall be the liaison between the ENGINEER and the
OWNER, T|,*Prujjoo,Manager shall hc (TBD) �'The OWNER.may name aTask
Director who would be the liaison between the ENGINL'ER and the OWNER during The design segment ofthe Pr�ect,
ARTICLE 3-OWNER'S RESPONSIBILITIES
3.1 The 0\YNCA xbuU "omon Task Director who uba0 be the liaison between the ENGINEER and the OWNER
during DESIGN se�"*n/of the p,� u
� , The Task Dipuum'dn,igu�cdshall heJeU'Gr��
92 The OWNER shall have the right of review and exainination of the ENGINEER'S work at all tinnes.
3.3 The OWNER shall make availableall records(record drawings.construction records.etc.)indicating the existing
xvo]WU,atipovf,he,i['ub|ideo.
The ENGINEER shall rendc professional Engineering Services as follows:
4.1 PRE-DESIGN INVESTIGATION PHASE
After w,iti*n authorization m proceed,ENGINEER shall:
4.1.1 Consult With O\uN6O to Wm'i/v and define O\9N28'n rcguircmcmm l'or \bc P,o�iect and review
avai|ubleda1a.
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4.12 Advise OWNER as to the necessity of',010,INlI`IR's providing or obtaining from others, data or set-vices
and assist OWNER in obtaining such data or services.
4.1.3 Iden[ilv,and anahzQ requirements ol'governmental authorities having,jurisdiction to approve tile 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 (oil the basis of
information furnished by OWNFR) 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 5 copies and an electronic copy oftbe Study and Report documents and review them in
person with OWNER.
The Pre-design investigation Phase will be completed and submitted by March 10. 2014 following written authorization
(no later than February 25. 2014) from OWNER to ENGINEE'R. to proceed with that phase of services, There are no
additional design phases,bidding.negotiation or construction phases,required under this agreement,
ARTICLE 5-ADDITIONAL SERVICES
5.1. VOWNER wishes ENGINEER to pertiornl an-,,of the l'ollowing Additional Services. OWNI--'R shall so instruct
ENGINEER in writing. and E E L'R
NGIN . shall perlbrm or obtain from others such services and will be paid thercilor as
provided in the Agrcenient:
5.1.1. Legal land surveys performed to obtain data for preparing easements and rights-of-way descriptions.
5.12. Preparation of'applications and supporting documents f'or 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-
SeCILMICC work.
5.1.6, Providing other services not otherwise provided for in the Agreement. includilig services normally
furnished by the OWNER as elsewhere liercin described.
5.1,7. Furnishing the services of independent professional associates 01' consultants for other than Basic
Services.
ARTICLE 6-COMPENSATION FOR ENGINEERING SERVICE
6.1 DIRECT LABOR COST`PAYMENT FOR BASIC SERVICES AND EXPENSES OF LNGINEF"R.
Basic Engineering Services under section 4.1 shall be cornpensaled in accordance%vith the following:
6,1,1 ']'lie OWNER shall pay lor Basic Engineering Services in amount not to exceed $10.000
except as provided under 6.2.1.2 and 62.3.
6.2.1.1 Costs Compensation. Compensation for these services shall be based on the ENGINEER's
Direct Labor Cost times a factor of 3.15 for services rendered which shall cover Direct Labor,
Direct Labor Overhead,General&Administrative Overhead and Profit,
6.2,1.2 Notification. At any time it becomes apparent that the services rendered under this
Agreement will exceed the negotiated compensation fear these services,and prior to performing set-vices
in excess ofthe contract ceiling, the ENGINEER shall give OWNER written notice thereof Promptly
thereafter OWNER and ENGINEER shall review the scope and progress of the project work.
ENGINEER shall obtain written authorization from O\N,NI.,R. prior to any additional costs being
incurred under paragraph 6.2.1.3. The amount and terms of any additional compensation under 6.2.1.1
or 6.2.1.3 shall be negotiated and agreed in writing Pursuant to 9.I 6.
6.2.1.3 Costs Lxceeding Estimated Compensation. Wheu the total cost of the original scope of
services exceeds (lie negotiated compensation for these services, the OWNER shall pay only for the
direct costs incurred in excess of the estimated compensation. These costs consist of ail amount equal
to the ENGINEE'R'S Direct Labor Cost times a factor of 2.752 for services rendered which
shall include Direct Labor, the federally OLIdil0d payroll Direct Labor Overhead, and General &
Administrative Overhead costs.but shall not include any,illoNvaiiee for prol7it.
6 1.2. Reimbursable Expenses. as defined in section 7.4 of this Agreement. lor Basic Services and Approved
Additional Services shall be paid to the ENGINEER he the OWNER in the actual amount of the costs incurred
Lip to an amount not to exceed$ 2.000 which includes$ 0 hir consultants employed by
the Engineer and$ 2.000 for all other reimbursable expenses.
6.1.3. The O\N,'NI:R shall pay an atuount 1br Additional Services rendered by the ENGINEER and approved
w
in rilijig by the OWNER oil the basis of the ENGINE s time ER'S Direct Labor Costs s
a factor of 3.15 or
ail amount otherwise negotiated at the time such services are requested and approved by the OWNER.
ARTICLE 7-MEANING OF TERMS
7,1 AGREEMEN F
As used herein the term "this Agreement" refiers 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 DIR.13'CTLABOR COSTS
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Direct Labor Costs used as a basis for payment mean the actual salaries and Nva-es paid to all EN61NEER's personnel
engaged directly oil the Project, inclUding, but not limited to. engineers. architects. surveyors. designers, drafters.
specification writers.estimators.other technical and business personnel: but does not include indirect payroll related costs
or fringe benefits, For the purposes of this Agreement the principals and employees of the ENGINEER maximum billable
Direct Labor Costs arc:
Principal $ 53.66 /hour
Proiect Manager $ 44.24 /hour
Senior Engineer $ 35.19 /hour
Staff Engineer $ 27.31 /hour
Senior Technician $ 27.31 /hour
CADD Drafter $ 27.31 /hour
Technicians S 21.90 /hour
Clerical S 15.88 /hour
7.3 REIMBURSABI-E EXPENSES
Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINFER's, independent professional
associates or consultants directly in connection with the Pj•(?jcct, such as expenses for: transportation and subsistence
incidental thereto; obtaining bid,,' or proposals fi•om (''ontractor(s); subsistence and transportation of Resident Project
Representatives and their assistants. toll telephone calls and telegrams. reproduction of reports, Drawings. Specifications,
Bidding Documents and simikir Project-related items; and if authorized in advance by OWNER, overtime work requiring
higher than regular rates. In addition. ,vhen compensation liar Basic Services is oil the basis of Direct Labor Costs method
of payment.Reimbursable Expenses will also include the amount billed to ENGINEER by special consultants emplo)cd
by ENGINEER and authorized by OWNER (other than as all authorized Additional Services) and will also include
expenses incurred for COMPLIter time and other specialized equipment. including an appropriate charge for previously
established programs and expenses ofilhotographic production techniques.
ARTICLE 8- PAYMENT PROVISIONS
13.1 TIMES OF PAYMENTS. ENGINEER may submit monthly statements for Basic Services and approved
Additional Services rendered and for Reimbursable Expenses incurred; however, payments shall not exceed the ceilings
provided in 6.1 and 6.2. Final payment shall he made only after acceptance of tile project by the OWNER. If OWNER
disputes the amount of the billing, OWNER Nvill notify the J.'NGINFER in writing within ten (10) calendar days of the
receipt of bill of(lie dispute.
8.2 REQUESTS FOR PAYMENT. Each request liar payment shall include a documentation summary of tile 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 he accounted and billed
separately.
8.3 PAYMENT UNDER TERMINATION. In the event of termination by the OWNER upon the completion of away
phase of the Basic Services.pro-gross payments due ENGINEER tear services rendered through Such phase shall constitute
total payment for such services. In the event ol'such termination by OWNER during any phase of the Basic Services.
EMANEER also will be reimbursed for the charges of'pre-approved i nclepen dent professional associates and consultants
employed by ENGINEER to render Basic Services. and paid for services rendered during that phase on the basis of the
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payment provisions of the Agreement. III the event Of any Such WrInfnation. ENGINEER will bepaid for unpaid pre-
approved Additional Services and unpaid Rcirnbursable Expenses which are authorized under this agreement.
ARTICLE 9-GENERAL CONSIDERATIONS
9.| FE'8MlNAT|0N0`AGR2EMEXF
9.1.1 The sole right is hereby reserved to the OWNER w /cmninme this Engineering Agreement fv,any and
all causes or for its convenience at anv time upon fifteen (15)days written notice to the ENGINEER.
9.1.2 If termination for default is effected by the OWNER. an equitable a(flustinent in the price provided for
in this Agreement ,hoO he made. but (i) mo xw*um uhuU be aOmwm6 &hr anticipated proDt on uupr,K,nncd
services or other iNork.and(2)any payment due to the ENGINEER at the time of termination may Ile adGusted to
xo,cruoy oddi/[w/n| costs to the 0WNER because of the ENG|NESR'sdubu&. lfIermimudom for convenience
is cDourdhN- (lie O\VqvCA. Vie equitable m4joutoem/,ku|] include a reasonable prodL as determined b� o"oe�
x,r,cr,icmuro/hc,w*,k performed. l�&eequitable u�uamun� [h,u,D'�unoio�|umsbuO�o*id�R,,nu�momtu
the BNG/NV[K b,roenices /euJcnrd and expenses incurred prior to the termination, in addition to \co"iomion
seltlerrient costs reasonably incurred by the ENGINEER relating to commitments which had become firin prior to
the termination,
9.13 Upon receipt of m tuuoiomimo action wodc, paragraph 9.7.2. the ENGINEER shall (l) promptly
discontinue all affected work(unless the notice directs otherwise).and(2)deliver or otherwise make available to
the OWNER xithln /ou (YO) days copies of all dum` design drawings. s[eoifim*iuo4 ronnrty. estimates,
summaries and nvc]) w6mr hn6bonmiun and materials as may have been accumulated by the ENGINEER in
performing this Agreement. whether completed orimprocess.
9,1.4 In the event this Conti-act is terminated prior to completion, the original copies of the EN6INLER'S
data. recommendations.plans. specifications, analysis anti o1hcr related documents prepared hy(lie ENGINEER
prior to said termination shall be delivered to and become the propert�of the OWNER,
9.1.5 Upon termination. the OWNER may take over the v ork and may award anolher party an Agrecinent to
complete the work under this Agreumcn'.
9.1.6 OWNFR'S right to terininate is in addition to any other remedies OWNER rna),have under the law.
9.2 INSPECTION AND AUDIT
All books. papers. records. puyml}x. ,00*hen and invoices relating to costs and expenditures incurred as to the
peuijonunoeafd`u xcmiceo by the ENGINEER hereunder ^huO tie mode available it) (lie OWNER. m, their authorized
repncooru/|,e° 6/r audit and review. at the ENGINEER'S respective offices at all reasonable times during the contract
period and for three years hvm`the date off"u|payment.
93 FMpLmYMENT
The ENGINEER warranis that lie has not employed or retained any company or persons,other than a Ilona fide employee,
working ovUc{v for the ENGINEER. to solicit to aucuou this o"ntruc, and that he has not paid or agreed to pay any
company or person.other than Ilona fide employees working solely I'm-the ENGINEER.aw, fee,commission.percentage.
brokerage fee. gifts or any other considerations contingent upon or resulting firorn the award or making of this Contract,
For breach or viotation ofthis warranty. the OWNER shall have the right to annul the Contract without liability or in its
discretion to d^dmo, from the pdw: or moasiucnuinn or utbcrmixo mowvcr the [oQ amount of Such fee, cmmmisoi*n,
percentage.brokerage fee,gift or contingent 1eo.
AUemp�oyees,of the ENGINEER mother persons while enizagedin the perrormmnce of work mservices required bN the
6NGIN2CRxball be considered employees of the,ENGINEER only and not^f the OWNER.
9.4 NONDISCRIMINATION
The ENGINEER will have a policy to provide equal employment opportunity in accordance with all applicable state and
bderu\anti-disorimiouiou laws,regulations,and contracts.
'Hie ENGINEER will not refuse employment to a person. har a person front employment.or discriminate against a.person
io compensation mrinaterm, condition,or privilege ofcmy|u}mem|bezxoocwrruce, color,oGgivo.creed.political i&cux.
:us, ugo, marital status. national origin. mu|vn| or perceived sexual orienoatinn, gender identity. physical or mental
d|suh}U/y,except when the reasonable demands nfthe position rcquircou age.physical*rmental Ji^"6i/ity, marital gmv`
vrxeN distinction.
The ENGINEER shall hexob�jcctvo and comply,rbbTiduVI ufdeCivi| Rights Act mf|964, Sccdmu 140`llde2` United
States Cnd�and all,qgUlvuiomu promulgated thereunder,
Ibe ENGINEER shall require these "vudiuurimi"uY"n termn o[ its ,ub-u*"nwltxnts providing, service,,, under this
agreement.
9.5 SUBLETTING OR ASSIGNING 0l'u/ORK
The ENGINEER shall not sublet orassign any ofthe Nvork covered herein without prior written approval ofthe OWNER,
9.0 STANDARD 0[CARL,
h» providing services under this agreement, the ENGINEER will pedorm in a manner consistent with the degree ofcare
and skill ordinarily exercised by members ofthe nwno prvievsi"o cuormu|�practicing uodervimi|"rcircumstances. Ifuny
service o6m"|4 be 0hond to be not in oonfbrm000e`viUhthis uumd^"d. We 6NGlNESK ohaN, m the OYyNER'nrequest,re-
perform the service a. its own expense. CmAinccr JmO also. at its own expense. make such changes. modifications or
additions to the pno�lect which are made necessary as a rom{1 of/he initial "mm-pe,6,omnoce or the o`'yerfonounum of
xcnicux. The OWNER's rialits herein are in addition to any other remedies the OWNER may have Under the law.
9.7 LEGAL RELATIONS:
9Il The 2N0lNL2K shall. consistent with the standard care. comply with those Federal. State, and L^m|
laws,and ordinances opp|icab/e it) the xmt it)bcdone.
9.7,2 The ENGINEER u-rr*vto defend. inVemni[r and hold 6ucm|cmotbu OWNER. its officers. dinoumm.
agents and employees from vudogaiumun-Vnvi,.cuuxCofuctimu.olaim,00xt.oxpum000,obligw.[unuodliuhiliiyvf
any character. iuc]udioga#mng'xfiecu, �Nh|cbis b,nLigbtv, asserted For uo)' bodily in�j",y, death. u,physical
damage to property received 'vuvuuiucdhy any p*,*"o. pemom,, pwyert,,. huoineyov,mmy other entity. arising
outofo`'resulting from.oriu connection with the ENG[NEER'8 negligent performance o/[lie`,a,k� oneuifivdin
this agreement.
9,73, The ENGINEER ugrccx *, defend. indmuoiCN and hold buon|oau U`o OWNER its officers. di,rcmrs,
agents and employees, obn"ld OWNER. its officers, directors, agents o,umy}oycohc named uxadufieodmnt in
unN action uhcre the OWNER'S alleged liability arises from the megligern perlbrinance of[he ENGINEER'S
work herein described. The obligations of the EN(JINU6Rm defend. indemnify and hold harmless the OWNER
will apply to any suit. cause of action,claini.cost or obligation including, without Jimitation.those alleged under
the mmmm |mv or pursuant lo a 1ederal mstm� statute mregulation including those arising im tort. tre4�",".
nuisance,and strict Uub0iry.
9.7.4 In the event the OWNLR is lbund proportionately responsible for any damage,, ultiniately aNvarded to, a
plaintiff or plaintiffs in any lawsuit, the ENGINEER \v ill he n*oponuih)o bx on|v those damages. omma, or
liabilities cm are attributable/"the GM[NFER'S percent wf fault am compared p[th \0M&oftbu fault giviog,rise
tm the damages. Should the OWNER be fiound responsible for negligence by its own officers.directors,agents Or
employees,then iu that event.the OWNER agrees|oreimburse the ENGINEER for the reasonable altnmcy'yfees
and costs hno"rncd in any dr&moe of the 0Yu}u6R in an amount proportional to the fault attributed to the
OWNER, The indemnity required herein shall not he limited by reason of the specificatiou of any particular
insurance coverage iu(his Agreement,
9.7.5 Should cdbo, OYYNP8 or ENGINEER be held rx`nvnaiNc, for miy dm�ugm. costs or liabilities
resulting lmo intentional misconduct by any officer, director. agent or eoployur
in connection *i/b the ~w,k
specified in this Agreement. then in that event,that party shal I defend, indeninify and hold harmless the other as
to ov), dmougeu, costs or iiWhDdi*a that ,u,v|: from or mdax uut Of that i.x"otinoa| misconduct, including
reasonable aftorne),'s 11ces and costs which shall include costs and salary Of the CitV atLorney or other in-fiouse
uo""s*U. Fund,u'. notwithstanding ,bcobligations set forth in paragraphs 9,7.2 and 9.7.3 above. (bu ENV}NF,'3R
ugxco to dcficud OWNER where the OVYNCR'8 uUm&cd liability u,ixc, ]r-on iotembvou{ misconduct t) the
CNQ[NEGR. Should the OWNER he found ^,spwmxihl* bn intentional J misconduct ty its own officer. director.
age nt w,ump}vyco. /bco OWNER agrees to nobobu,yc ENGINEER for|boreasonable xxomev's fees and uvws
incurred iu any defense offlbuOWNER.
9.7.6 'the ENGINEER nhafly*,lh,in this agreement muam independent cou,rocwr. and uasuch. is responsible
to the OWNER only as to the results,u be obtained iod`cnmk-bu,cim ,pco[ficd. and to the extent that the vmk,
sbnU be done in mccord*u*,~[/b the terms. plans and specifications. The ENGINEER uba|| have and .uuimmio
complete control over all of its employees. ouhoup,x000m. ug,ou and oyontiouo. being ,e,nuooiN/ for any
required payroll deductions and providing required bunoCi|s. such as. uut not. limited ,u °o,kc/'ocompensation
with mmm"^J|\o`da.and Unemployment insurance,
9.8 INSURANCE
Tbc ENGINEER Shall aecmc and yv,oiub to the OWNER certificate (if insurance, ohervin` naming the OWNER as an
additional insured.,oinclude thirty(S8)duv»notice*f cancellation u,nvn-,c*xval.
v/iduwm limiting any af[NWXNI..ER'u uhO&miouu hereunder, ENGINEER nhuD ,coo,o and moimmin. nod| the work is
p*mp)c|od and accepted by the OWNER. insurance umremgc naming the OYVN£K as additional insured wi,h ininimum
insurance onvokacuxto||ovx:
Type of('overage Limits
L'inplovers'Liability: $ 100,000. per accident
General Liability:
Bodily ln�jury&Property Damage
Single and combined $ 1.000.000.per accident
General Aggregate: $2,000MO,
Excess Liability Coverage(umbrella) $1,000,000,each occurrence
Automobile:
Bodily Injury covering all $ 1,000.000 each person
automobiles,trucks,
tractors.,trailers.or 1.000,000 each occurrence
other automotive equip-
inent whether owned or
rented by Engineer or
owned by employees oil'
F.rigineer.
Property Damage covering 100.000 each occurrence
all automobiles..trucks,
tractors.trailers or other
automotive equipment whether
owned or rented by Engincer
or owned by employees of
J,igineer
OR
Bodily In Jury&Property $1,000,000 each occurrence
Damage Single and combined
In addition to the above insurance coverage. the ENGINFER shall secure and maintain, until the work is completed and
accepted by the OWNER. and Nvithout naming OWNER as an additional insured, prolessional errors and omissions
coverage as follows:
Professional Errors&Omissions: 1.000,000 per claim and
aggregate each occurrence
9,9 ENDORSEMENT
The ENGINEER shall place his endorsement on all dr-.m ingsand other data furnished by him.
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9 10 OWNERSHIP U1'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 projiect. Any reuse Without Written verification or adaptation b,,
ENGINEER Ivill, be at 0'�INFR's sole risk and without liability or legal CXp0SLire to ENGINEER, or to ENGINEER'S'
independent professional associates or consultants, Files in electronic inedia format of text. data. graphics, or of other
types that are I'Lumished by ENGINEER to OWNER are only for convenience of owner, Any conclusion or information
obtained or derived From such electronic files will be at the user's sole risk,
9.11 PUBLIC INFORMATION
'['lie ENGINEER shall not issue any statements,releases or information for public dissemination without prior approval of
the OWNER,
9.12 PROPRIETARY RIGHTS
I1'patentable discoveries or inventions should result firom Nvork 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 (lie 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 Nvork 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 inade available for inspections by
OWNER.
9.14 SUCCESSORS IN INTEREST
The covenanis, agreements and all slatemonts in this Contract apply to and shall be binding on the heirs, personal
representatives.Successors and assigns of the respective pat-ties,
9
9.15 ATTORNEY'S FEES AND COSTS
That in the event it becomes necessary for dither Party of this Contract to retain an attornev to enforce am,of thQterms or
conditions of this Contract or to give MIN'110tiCC IVqLJlVd hCNill. diell the prevailing Party or the Party giving notice iliall
he entitled to reasonable attorney's lees and costs. including fees, salary_and costs of in-house counsel to include City
Attorney.
9.16 MODIFICATIONS AND AMENDMENTS
That any amendment or modification of this Contract ontract or anv provisions herein shall be madc in writinp,or exCCLItC(I in the
same manner as this original document and shall after cxeculion become a part of this Contract,
fit witness Whereof,the Parties hereto do make and execute this Aereement.
CITY OF BOZEMAN,MONTANA ENGINEER
(City IV, er Vice Pre 'cleat
DATE: DATE:
ATTEST:
BY.
2
C' Qerk
n1 Y
10
Attachment"A"
CERTIFICATE OF SURVEY NO. LA
A PARCEI W lW1O 0GMIG MYG:I I&TRACT 2 or COS K 2.454
T L�IED W THL 1/4&h�S�1"IMAM v NMION 3,125,k5CY p um
OkLAM MUNIC MA
IIIWAilY
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