HomeMy WebLinkAbout14- Gaston Engineering for CIP Survey PROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made as of OVNtaL d (, zil , between THE CITY OF BOZEMAN, a
Municipal Corporation,Bozeman,Montana,59715(OWNER)and Gaston Engineering & Surveying P.C.
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 the ENGINEER to provide necessary and professional engineering
services for the project.
Whereas the ENGINEER represents that it is willing and qualified to perform the professional engineering services
for this project described in this Agreement.
Therefore, in consideration of the foregoing recitals and the mutual covenants and conditions contained herein, the
parties agree as follows:
The conditions and provisions set forth in the attached EXHIBIT C: Scope of Services for 2014 Capital
Improvement Projects field Survey, and EXHIBIT D: Surveying Fee Estimate, are hereby incorporated in and made
part of this Agreement.
ARTICLE 1 -ENGINEERING SERVICES
1.1. The detailed description of the specific project components is described as follows:
Perform a topographic survey to be used for Capital Improvements Projects. Prepare site map and deliverables
(Hard copy and Digital)for use by owner.
1.2. The scope of services under this contract is set forth in this agreement and the attached EXHIBITS.
ARTICLE 2-ENGINEER'S RESPONSIBILITIES
2.1. ENGINEER shall perform for OWNER professional engineering services in all phases of the Project to which
this Agreement applies as hereinafter provided. These services will include, but not be limited to, serving as OWNER'
professional engineering representative for the Project, providing professional engineering consultation and advice and
furnishing customary civil and structural engineering services incidental thereto.
2.2. The ENGINEER shall fumish all labor,materials,equipment,supplies, and incidentals necessary to conduct and
complete the ENGINEER'S portions of the Project and to prepare and deliver to the OWNER all data, reports, plans,
specifications,and recommendations as designated herein.
2.3. The ENGINEER shall ascertain such information as may have a bearing on the work from local units of
government, public, and private organizations and shall be authorized to procure information from other authorities as to
the extent of these contacts and the results thereof.
2.4. The ENGINEER'S work shall be in accordance with the standards of sound engineering practices.
2.5. The ENGINEER shall name a Principal-In-Charge for the duration of the project. The Principal-In-Charge shall
be Julie Gaston P.E.
2.6. The ENGINEER shall name a Project Manager who shall be the liaison between the ENGINEER and the
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OWNER. The Project Manager shall be Dennis Foreman,PLS .The OWNER may name a Task Director who would be
the liaison between the ENGINEER and the OWNER during the design segment of the Project.
2.7. The ENGINEER shall submit an estimated progress schedule at the beginning of the work,and monthly progress
reports thereafter until the project is completed.
ARTICLE 3-OWNER'S RESPONSIBILITIES
3.1 The OWNER shall name a Task Director who shall be the liaison between the ENGINEER and the OWNER
during DESIGN segment of the Project. The Task Director designated shall be Robert J. Murray, Jr., P.E.
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(record drawings,construction records,etc.)indicating the existing
configuration of the city utilities.
3.4 The OWNER will be responsible for Advertising Bid Openings.
3.5 The OWNER shall attend the pre-bid conferences, bid openings, pre-construction conferences, construction
progress and other job related meetings,substantial completion inspections and final payment inspections.
ARTICLE 4-BASIC ENGINEERING SERVICES
The ENGINEER shall render professional Engineering Services as follows:
4.1 PRE-DESIGN INVESTIGATION PHASE
After written authorization to proceed,ENGINEER shall:
4.1.1 Consult with OWNER to clarify and define OWNER's requirements for the Project and review
available data.
n 12 Advise OWNER as to the neeessity of OWNER's ., eyidi..g oF obtaining ffem other data or sen
and'assist'OWNER in ebta'....::b.�..... data... ..............
1.1.3 ldentif�and analyze requirements of governmental HiithBFities having jurisdiction to approve the des+*gn
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 eeenemie analysis of OWNER's requirements applieable te YaFieus alternatives.
deser-iptions and maps,prepafing a property owner's and assessments role lists ineluding project assessment
eests based on the preliminai=y project cost estimates, and providing technical information at SID pi
heayingso if applicably
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. This Reportwill be accompan
itefflized: Constnietien Cost, allewanee for- engineering costs and by ENGINREWs opinion of probable easts for the Project, ineluding the following which will be separa4ely
eneies, and (on the basis e
and eansultants, for the cost of land and rights of wa�,, feF eempensation for- er damages to
,
interest and finanoing b
sueh costs, allowanee, etc. are hereinafter-called "Total Pfoject 11
4.1.8. Furnish I copies and an electronic copy of the Study and Report documents and review them in
person with OWNER.
The Pre design investigation Phase will be eempleted and submitted within — calendar days &!!owing written
authorization r.. /13ALN1;R to ENGINEER to proceed with that phase of ser.,;,,e�
4.2 PRELIMINARY DESIGN PHASE
After acceptance of the pre-design report and receipt of written authorization to proceed with the Preliminary Design
Phase,ENGINEER shall:
4:2.1. in eansultation with OWNER determine general s e extent and ehai:a.ter of the Project 4.2.2. ENGINEER shall then prepare a]?Feliminat-y Design Report,preliminary plans and speeifieations and-a
r;tte de pt; for the_Rr et
4.2.3. Preliminar-N,Desien Report: Speeifir.items to he addFessed in the design report will inelude,but a
limited to:
rirrrrcc�c�
Summafy of eenstruction requirements with apprepr-iate drawings fef eaeh task ineluded i
the pfefeet.
4.2.3.2. Plans for pr-avi ding water and sewer services for affeeted propeFties dtifing constfuetion.
4.2.3.3. C,....mary geetesh.,iral report for s ci fi.tasks,if needed
4.2.3.4. Speeial design eensideratiefis tbr Prejeet tasks with conditions not eevered in standard
GeHSOUGtion methods or-speeifieations.
4z2.3.5. A tFafnc eent yr plan for each project task,if necessary.
4.2.4. Design and Construction Survey: The ENGINEER shall conduct a design field survey of the project
areas, as necessary, for locating existing utilities (such as gas, power, telephone, TV cables, water and sewer
lines, irrigation facilities, fences, and approach driveways), existing right-of-way and easements, and making
measured drawings of or investigating conditions of existing facilities. The ENGINEER shall provide suitable
horizontal and vertical reference control points for the construction phase.
4.2.5.
Permits and Riehts ef Wayi The ELNGD11SER shall obtain appreved pefmits, licenses, anWer easement
bidding. These apPFGValS will be coordinated with the 03AENER and will be made on easement and pefH+k
SeFviees will be based en data available ffem design sur-veys and Gouftheuse reeer-ds.
4.2.6. Geeteehnioal Explorations-and The 1Nf,11'lIJER shall coadtiet sush geotechn
explorations and afialysis as neeessat), feF prejeet design and bidding. A geateeknieal report will be prepafed
infer-matien will be obtained b, existing geeteehfiieai data available and using additional back
test pits and Sail bOFi
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The ENGINEER shall furnish eepies ef a geotechnioal repat4 as requested to 03AENER f-6F use by OWNER a
Cantraeters, and review the results of the report with Gentmeters in a pre bid meeting. The FepaFt is t
prepEved feF design purposes;ENGINEER will net be responsible if-it is used by others for other purposes.
4 2 7 U«el:.«.:.,. , Plans and c eeifteatieas Prepare pfeliminar-y eenstruetion plans and specifications
F t' h' h .1 the a ..1 Fe.,t.. es of e..eh project task
. 4 opinion ef probable Tetal Project Costs to the OWNER,
4.2.9. ENGINEER shall prepare and furnish complete paper and electronic copies of the topographic survey
utilizing AutoDesk Civil 3D 2013 software.
OWNER and at the safne time furnish cepies as diFeeted by OWNER te ageneies afi&ar- pai4ies h
regulatei-y Fesponsibilities or- direct financial partiraipation in an), part of the Prejeet; previde all), teeh
eriteria, written descriptiens md design data necessary for serauf:ing peEmits or-approval from authorities having
jurisdietion tO Feview and appFeN,e the design, and assist - . - -ing suGh approvals; and review
documents in person with 0��iElk and review autheFities, and, if necessary, conduct a plan in hand site f:eNi
All changes affeed to bePA,een ENGINEER and OWNER will be Heted in a memerandum from the ENGINE
+ the OWNER and ineorporated into the final..laps and s cifieatie
The Preliminary Design Phase will be completed and submitted within 110 calendar days following written
authorization from OWNER to ENGINEER to proceed with that phase of services.
4.3 FINAL DESIGN PHASE—N/A
n A written th t' + pfaceed with the Final Design Phase,R1.GPIEE shall:
drawings,of suffirient detail to show the geneFal seepe, extent and detailed eharaeter- of the work to be furnished and
performed by the Contraetef:(s)suitable for use in the pr-E)ject bidding and Genstruetiall.
4.3.2. Advise OWNER of any adjustments to the West opinion of probable Total Pfajeet Costs eaused-by
changes in geneFal seepe, extent or- eharacter or design Fequkements of the Project or Construction C
Fu m- ish te OWNER a revised opinion of probable Total Projeet Cests based an the E)Fawings and Speeigeatie
4.3.3. Prepare fbr-Fe-Aem, and appmval by OWNER, its legal eounsel and other advisers, eentmet agfeefflent
fimms, general conditions and supplementat), conditions, and (wheFe appFopriate) bid forms, invitations to bid
and instFustions to bidders, speeial provisions,teehnieal sperificatiens, a-Rd standard drawings, and at4eF 1:ela
ish OWNER six copies and an eleetFenie eapy of the Contract Documents (including d
. . ci Pleations mid eentraots)
The Final Phase will be complete and submitted within ealeHdaf detys fallowing written autherization fro
OWNER to ENGINEER toproceed with that phone of
4.4 BIDDING OR NEGOTIATING PHASE—N/A
4eFvvritten autherization to proceed with the Bidding OFNOgOtiating Phase,ENGINEER sh
eentf!ar.t(s) and reeord prespeetive bidders to whern Bidding Deeuments have been issued, reGek,e and pree
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isstie addenda as appropriate.
4.4.3. Consult with and advise OWNER as to the aeoeptability of the prime Contractor, subOOntffietofs-,
suppliefs and other perseas and organizations pr-apased by the prime Gentractor(s) (herein eall "Coatraetar(s)L)
4.4.4. Consult with OWNER cencerning and determine the acceptability of substitute mateitials an
equipment proposed by Centraeter(s)when substitution pFieF to the award of contraets is allowed by the Biddmiffg
Doeu ments.
4.4.5. Attend the Bid opening, prepare bid tabulation, evaluate bids, assess bidders'
responsibility and make awaFd feeemmendatien to 03ALNER.
4.4.6 Faeflitate eentrael award, and the execution and distribution of the eentraot documents for-eenstfueti&n-,
materials, equipment RHd sei=viees. Furnish Owner twe efiginal signature sets of exeeuted eeatFaet deeaFflefits
exeo,ted „t.- st do ntom ...7 up to three sets of e st.. „t:,, do ntom
4.5 CONSTRUCTION PHASE—N/A Not part of Scope of Services
The responsibilities of the ENGINEER during the Construction Phase are summarized as follows:
4.5.1. General Administration of Construction Contract. ENGINEER shall consult with and advise OWNER
and act as OWNER'S representative as provided in EXHIBIT A - ENGINEER'S STATUS DURING
CONSTRUCTION,attached to and made part of this Agreement and may be further provided under the General
Conditions of the contract documents. The extent and limitations of the authority, duties, and responsibilities of
the ENGINEER on the construction job site as assigned here-in shall not be modified except as the ENGINEER
may otherwise agree in writing. All of OWNER's instruction to Contractor(s) will be issued through
ENGINEER who will have authority to act on behalf of OWNER to the extent provided in the General
Conditions except as otherwise provided in writing.
In addition to the services provided under Article 10 (Exhibit A) the ENGINEER shall provide the following
services during construction:
4.5.1.1 Schedule and conduct a pre-construction conference.
4.5.1.2 Provide personnel, equipment and supplies for construction layout and control, including
establishment of line,grade,and blue top control staking.
4.5.1.3 Review Contractors'construction schedules and operations,and the Contractors'traffic control
plans and its implementation prior to the start of construction.
4.5.1.4 Ascertain that the Contractor has secured required permits needed to accomplish his work.
4.5.1.5 Prepare and provide weekly activity and progress reports to the City's Task Director.
4.5.1.6 ENGINEER shall provide OWNER copies of all correspondence between the ENGINEER
and Contractor.
4.5.1.7 Issue stop and resume work orders, in whole or in part, when work is not or cannot be
performed in accordance with the Contract Documents,
4.5.1.8 Review and approve, for conformance with the project technical specifications all shop
drawings,and other Contractor submittals required by the Contract Documents.
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4.5.1.9 During construction review Contractors'construction schedules and evaluate conformance and
progress under the Contract time provisions.
4.5.1.10 Prepare for OWNER'S approval any plan and specification changes which due to any initial
design or engineering deficiencies are required to complete the project original design concept.
4.5.1,11 Inspect the project and when appropriate, and after conferring with OWNER, issue a
Certificate of Substantial Completion to the Contractor.
4.5.1.12 Prior to recommending final payment, schedule and conduct with the OWNER a final project
inspection and submit a report to the OWNER documenting any outstanding items or deficiencies
requiring correction prior to final payment. Upon satisfactory project completion ENGINEER shall
certify in writing to the OWNER, and any required regulatory agencies, that the construction was
completed in accordance with the approved plans and specifications and is performing in accordance
with the design concept.
4.5.1.13 Twenty-three months after project substantial completion schedule and conduct with the
Owner a Two Year Warranty Inspection of the project and advise the owner in writing whether project
deficiencies exist and if the project is performing in accordance with the design concept.
4.5.2. Resident Project Representative. ENGINEER shall provide a qualified Resident Project Representative
at the job site to provide observation of the work as provided in EXHIBIT B-A LISTING OF THE DUTIES,
RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT
REPRESENTATIVE,attached to and made part of this Agreement.
The ENGINEER shall submit to the OWNER, for review and acceptance, the resume of each Resident Project
Representative who may be assigned to the job site during the course of the Project not less than 10 calendar
days prior to the pre-construction meeting. Any subsequent change in the resident representative shall also be
subject to the OWNER'S approval.
4.5.3 Limitations of Responsibilities. ENGINEER will not be responsible for CONTRACTOR's means,
methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident
thereto, and ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in
accordance with the Contract Documents; however, nothing contained in this agreement shall be construed to
release ENGINEER from liability for failure to properly perform duties and responsibilities assumed by
ENGINEER in the Contract Documents.
4.6. PROJECT DOCUMENTATION-N/A Not part of Scope of Services
ENGINEER shall furnish OWNER with (a) one mylar copy, two paper copies, and an electronic copy of the Project
Record Drawings ("As-Builts"), (b) written monthly progress reports, and (c) a project notebook containing such
correspondence and documentation as requested by OWNER.
4.7. CONSTRUCTION TESTING-N/A Not part of Scope of Services
The inspection services shall include material testing and verification of contract compliance with job site requirements,
plans and specifications.
The ENGINEER shall provide and maintain detailed documentation of the following material testing:
1) Concrete strength,air content and slump
2) Embankment,trench backfill,and gravel and pavement densities
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3) Aggregate gradations
4) Plant mix strength,flow and asphalt content
ARTICLE 5-ADDITIONAL SERVICES
5.1. If OWNER wishes ENGINEER to perform any of the following Additional Services, OWNER shall so instruct
ENGINEER in writing, and ENGINEER shall perform or obtain from others such services and will be paid therefor as
provided in the Agreement:
5.1.1. Legal land surveys performed to obtain data for preparing easements and rights-of-way descriptions.
5.1.2. Preparation of applications and supporting documents for governmental agencies in addition to those
required under Basic Services; preparation or review of environmental studies and related services; and
assistance in obtaining environmental approvals.
5.1.3. Services resulting from significant changes in the general scope, extent or character of the Project or
major changes in documentation previously accepted by OWNER where changes are due to causes beyond
ENGINEER's control.
5.1.4. Providing renderings or models.
5.1.5. Preparing documents for alternate bids requested by OWNER for work not executed or for out-of-
sequence work.
5.1.6. Providing other services not otherwise provided for in the Agreement, including services normally
furnished by the OWNER as elsewhere herein described.
5.1.7. Furnishing the services of independent professional associates or consultants for other than Basic
Services.
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5.2. When required by the Contract Documents in circumstances beyond ENGINEER's control, ENGINEER shall
perform or obtain from others any of the following Additional Services as circumstances require during construction and
without waiting for specific instructions from OWNER, and ENGINEER will be paid therefor as provided in this
Agreement:
5.2.1. Services in connection with work directive changes and change orders to reflect the changes requested
by OWNER if the resulting change in compensation for Basic Services is not commensurate with the additional
services rendered.
5.2.2. Services in making revisions to Drawings and Specifications occasioned by the OWNER'S acceptance
of substitutions proposed by Contractor(s); services after the award of each contract in evaluating and
determining the acceptability of an unreasonable or excessive number of substitutions proposed by Contractor;
and evaluating an unreasonable or extensive number of claims submitted by Contractor(s)or others in connection
with the work.
5.2.3. Services resulting from significant delays, changes or price increases occurring as a direct result of
materials,equipment or energy shortages.
5.2.4. Additional or extended services during construction made necessary by (1) work damage by fire or
other causes during construction, (2) a significant amount of defective or neglected work of any Contractor, (3)
acceleration of the progress schedule involving services beyond normal working hours, (4) default by any
Contractor.
ARTICLE 6-COMPENSATION FOR ENGINEERING SERVICE
6.1 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER
6.1.1 Payment. The OWNER shall for design phase services performed as Basic Engineering Services under
sections 4.1 through 4.3 of this agreement pay a total sum in the amount of $44,614.13 for such services.
6.1.2 Payment Schedule. Total cumulative payments for the design phase engineering services (sections 4.1
through 4.4)shall not exceed the following ceilings:
$ 13,384.24 DO%of design fee)until Task 1 has been submitted to the OWNER.
$ 44,614.13 (100% of design fee) until Tasks 2 and 3 has been submitted to the OWNER and review
authorities.
6.1.3 General. Engineer shall submit monthly statements for services rendered. The statements shall be
based upon Engineer's estimate of the proportion of the total services actually completed at the time of billing,
subject to any limitations on Payments based on completion of tasks or specific retainage requirements pursuant
to the payment provisions of the Agreement.
6.1.4 Reimbursable Expenses. Only those expenses specifically identified for payment under section 6.2 of
this Agreement are reimbursable. All other design related expenses are included in the Lump Sum Payment for
the Basic services (4.1 through 4.4) and are not separately reimbursable. Additional Services specifically
identified under the scope of design services for payment under 6.1 are not separately reimbursable.
6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER.
Construction and project documentation services performed as Basic Engineering Services under sections 4.4 through 4.7
including General Administration of Construction Contract, Resident Project Representation, Project Documentation, and
Construction Testing, shall be compensated in accordance with the following:
6.2.1 The ONW;ER shall pay foF Construetion Phase and PFE�jeet Doeumentation Services an amount not-to
exceed exeept as provided under 6.2.1.2 and 6.2.4.
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.--- Labor Cost times a faetor of for setviees r-endered whieh shall cover-DireGt LabeF,
Direct 1 ebOF Overhead General p Adfninistf4iveOverhead a Profit,
Agreement
paragraphnegotiated compensation for these seB,iees, and pFief to perfer-Ening serviees in excess ef the eentrae
eeiling, the ENGINF;F;R shall gi,,,e OWNER wFitten notice thffe6f, Promptly thereafter OWNER and
ENGINEER Shall Feview the seepe and progress efthe prejeetwork. ENGPIEER shall obtain written
authadzation frem 03AENER, prior to any additional costs being ineur+ed undeF pafagraph 6.2.4.3. if i
is determined that due to a ehaiige in pfejeet scope undeF
f
additional compensation, OWNER and ENGINEER may negafiAe terms as provided under
the ENGD;EER is entitled te
agreed in writing pursuant to 9.16.
6.2.1.3 Costs 9xseeding 9sti!p@fgj QDmp,2m@!ign. Except as allowed under 5.2.1,when the total eos
eempensation feF these sep,4ees,the OWNER shall pay on!), for-the direet eests incuffed in exeess e
the estimated eampeiisatieft. These eosts eansist of an amount equal to 4he ENGINEER'S Direet Labor
Cast times a fiavettor off for seB,iees rendered whieh shall inelude Dif!eet
The arneunt and terms ef an), additional compensation under 6.2.1.1 or 6.2.1.3 shall be negotiated an
audited payroll DireGt LaboF Overhead, and General & AdministFative OveFheRd GE)Sts,-but shall He't
include any alla,anee for pFefit
6.2.2. Reimbursable Expe-ses, as defined in seetion 7.4 of this Agreement, fer Basie Sen,ices and Approved
Additienal Sen,iees shall be paid te the ENGINEER by the OWNER in the actual amount of!he eests ineurFe
RngineeF and$ for all other reifnbursable expenses. The estimated reimbursable expenses ar-e
identified in Exhibit
6.23. Failed Test 9xvense- The ENGINEER shall maintain aiid provide to the OsAq,4ER, a feeard ef-the
easts asseeiated with failing qualk�, control tests perfeFfned for the OWNER duFing the eeurse ef 4he
6.2.4 The OWNER shall pay an amount for Additional Services rendered by the ENGINEER and approved
in writing by the OWNER on the basis of the ENGINEER'S Direct Labor Costs times a factor of 3.00 , or an
amount otherwise negotiated at the time such services are requested and approved by the OWNER.
ARTICLE 7-MEANING OF TERMS
7.1 AGREEMENT
As used herein the term "this Agreement" refers to the contents of this document and its Exhibits attached hereto and
referred to as if they were part of one and the same document.
7.2 CONSTRUCTION COSTS
The construction cost of the entire Project(herein referred to as "Construction Cost") means the total cost to OWNER of
those portions of the entire Project designed and specified by ENGINEER, but it will not include ENGINEER's
compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, properties unless this
Agreement so specifies, nor will it include OWNER's legal, accounting, insurance counseling or auditing services, or
interest and financing charges incurred in connection with the Project or the cost of other services to be provided by others
to OWNER,
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7.3 DIRECT LABOR COSTS
Direct Labor Costs used as a basis for payment mean 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,
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 are:
Principals $ 58.00 /hour
Professional Engineer $ 51.00 /hour
Engineer III $ 48.00 /hour
Engineer II $ 44.00 /hour
Engineer I $ 41.00 /hour
Engineer Technician $ 32.50 /hour
Sr Professional Land Surveyor $ 51.00 /hour
Professional Land Surveyor $ 47.00 /hour
Land Surveyor LSI $ 36.00 /hour
Land Surveyor I $ 32.50 /hour
Technician $ 25.50 /hour
Sr CADD Draftsman $ 37.00 /hour
CADD Draftsman $ 34.00 /hour
GPS Survey Crew $ 58.50 /hour
Survey Crew w/Robotic $ 58.50 /hour
Two Person Survey Crew $ 56.00 /hour
Clerical $ 18.50 /hour
7.4 REIMBURSABLE EXPENSES
Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's independent professional
associates or consultants directly in connection with the Project, such as expenses for: transportation and subsistence
incidental thereto; obtaining bids or proposals from Contractor(s); subsistence and transportation of Resident Project
Representatives and their assistants; toll telephone calls and telegrams; reproduction of reports, Drawings, Specifications,
Bidding Documents and similar Project-related items;and if authorized in advance by OWNER,overtime work requiring
higher than regular rates. In addition,when compensation for Basic Services is on the basis of Direct Labor Costs method
of payment,Reimbursable Expenses will also include the amount billed to ENGINEER by special consultants employed
by ENGINEER and authorized by OWNER (other than as an authorized Additional Services) and will also include
expenses incurred for computer time and other specialized equipment, including an appropriate charge for previously
established programs and expenses of photographic production techniques.
ARTICLE 8-PAYMENT PROVISIONS
8.1 TIMES OF 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 be made only after acceptance of the project by the OWNER. If OWNER
disputes the amount of the billing, OWNER will notify the ENGINEER in writing within ten (10) calendar days of the
receipt of bill of the dispute.
8.2 REQUESTS FOR PAYMENT. Each request for payment shall include a documentation summary of the
period incremental man hours incurred,direct labor rates and billed rates,detail of reimbursable costs,total period billing,
and total cumulative billing. When requested by OWNER services for distinct project segments shall be accounted and
billed separately.
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8.3 PAYMENT UNDER TERMINATION. In the event of termination by the OWNER upon the completion of any
phase of the Basic Services,progress payments due ENGINEER for services rendered through such phase shall constitute
total payment for such services. In the event of such termination by OWNER during any phase of the Basic Services,
ENGINEER also will be reimbursed for the charges of pre-approved independent professional associates and consultants
employed by ENGINEER to render Basic Services, and paid for services rendered during that phase on the basis of the
payment provisions of the Agreement. In the event of any such termination, ENGINEER will be paid for unpaid pre-
approved Additional Services and unpaid Reimbursable Expenses which are authorized under this agreement.
ARTICLE 9-GENERAL CONSIDERATIONS
9.1 TERMINATION OF AGREEMENT
9.1.1 The sole right is hereby reserved to the OWNER to terminate this Engineering Agreement for any and
all causes or for its convenience at any time upon fifteen(15)days written notice to the ENGINEER.
9.1.2 If termination for default is effected by the OWNER,an equitable adjustment in the price provided for
in this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed
services or other work,and(2)any payment due to the ENGINEER at the time of termination may be adjusted to
cover any additional costs to the OWNER because of the ENGINEER's default. If termination for convenience
is effected by the OWNER,the equitable adjustment shall include a reasonable profit, as determined by owner,
for services or other work performed. The equitable adjustment for any termination shall provide for payment to
the ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination
settlement costs reasonably incurred by the ENGINEER relating to commitments which had become firm prior to
the termination.
9.1.3 Upon receipt of a termination action under paragraph 9.1.2, the ENGINEER shall (1) promptly
discontinue all affected work(unless the notice directs otherwise),and(2)deliver or otherwise make available to
the OWNER within ten (10) days copies of all data, design drawings, specifications, reports, estimates,
summaries and such other information and materials as may have been accumulated by the ENGINEER in
performing this Agreement,whether completed or in process.
9.1.4 In the event this Contract is terminated prior to completion, the original copies of the ENGINEER'S
data,recommendations,plans,specifications,analysis and other related documents prepared by the ENGINEER
prior to said termination shall be delivered to and become the property of the OWNER.
9.1.5 Upon termination,the OWNER may take over the work and may award another party an Agreement to
complete the work under this Agreement.
9.1.6 OWNER'S right to terminate is in addition to any other remedies OWNER may have under the law.
9.2 INSPECTION AND AUDIT
All books, papers, records, payrolls, vouchers and invoices relating to costs and expenditures incurred as to the
performance of the services by the ENGINEER hereunder shall be made available to the OWNER, or their authorized
representatives for audit and review, at the ENGINEER'S respective offices at all reasonable times during the contract
period and for three years from the date of final payment.
9.3 EMPLOYMENT
The ENGINEER warrants that he has not employed or retained any company or persons,other than a bona fide employee,
working solely for the ENGINEER, to solicit to secure this contract, and that he has not paid or agreed to pay any
company or person,other than bona fide employees working solely for the ENGINEER,any fee,commission,percentage,
brokerage fee,gifts or any other considerations contingent upon or resulting from the award or making of this Contract.
For breach or violation of this warranty,the OWNER shall have the right to annul the Contract without liability or in its
11
discretion to deduct from the price or consideration or otherwise recover the full amount of such fee, commission,
percentage,brokerage fee,gift or contingent fee.
All employees of the ENGINEER or other persons while engaged in the performance of work or services required by the
ENGINEER shall be considered employees of the ENGINEER only and not of the OWNER.
9.4 NONDISCRIMINATION
The ENGINEER will have a policy to provide equal employment opportunity in accordance with all applicable state and
federal anti-discrimination laws,regulations,and contracts.
The ENGINEER will not refuse employment to a person,bar a person from employment,or discriminate against a person
in compensation or in a term,condition,or privilege of employment because of race,color,religion,creed,political ideas,
sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental
disability,except when the reasonable demands of the position require an age,physical or mental disability,marital status
or sex distinction.
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.
The ENGINEER shall require these nondiscrimination terms of its sub-consultants providing services under this
agreement.
9.5 SUBLETTING OR ASSIGNING OF WORK
The ENGINEER shall not sublet or assign any of the work covered herein without prior written approval of the OWNER.
9.6 STANDARD OF 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 the same profession currently practicing under similar circumstances. If any
service should be found to be not in conformance with this standard, the ENGINEER shall, at the OWNER's request,re-
perform the service at its own expense. Engineer shall also, at its own expense, make such changes, modifications or
additions to the project which is made necessary as a result of the initial non-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:
9.7.1 The ENGINEER shall, consistent with the standard care, comply with those Federal, State, and Local
laws and ordinances applicable to the work to be done.
9.7.2 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.
9.7.3. The ENGINEER agrees to defend, 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 to defend,indemnify and hold harmless the OWNER
will apply to any suit,cause of action,claim,cost or obligation including,without limitation,those alleged under
12
the common law or pursuant to a federal 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 found responsible for negligence by its own officers,directors,agents or
employees,then in that event the OWNER agrees to reimburse the ENGINEER for the reasonable attorney's fees
and costs incurred in any defense of the OWNER in an amount proportional to the fault attributed to the
OWNER. The indemnity required herein shall not be limited by reason of the specification of 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 harmless 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 9.7.3 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 The ENGINEER shall perform this agreement as an independent contractor,and as such, is responsible
to the OWNER only as to the results to be obtained in the work herein specified,and to the extent that the work
shall be done in accordance with the terms,plans and specifications. The ENGINEER shall have and maintain
complete control over all of its employees, subcontractors, agents and operations, being responsible for any
required payroll deductions and providing required benefits, such as, but not limited to worker's compensation
with statutory limits,and unemployment insurance.
9.8 INSURANCE
The ENGINEER shall secure and furnish to the OWNER certificate of insurance, therein, naming the OWNER as an
additional insured,to include thirty(30)days notice of cancellation or non-renewal.
Without limiting any of ENGINEER's obligations hereunder, ENGINEER shall secure and maintain, until the work is
completed and accepted by the OWNER, insurance coverage naming the OWNER as additional insured with minimum
insurance coverage as follows:
13
Type of Coverage Limits
Employers'Liability: 100 000.per accident
General Liability:
Bodily Injury&Property Damage
Single and combined $ 1,000,000,per accident
General Aggregate: S 2,000,000.
Excess Liability Coverage(umbrella) $1,000,000.each occurrence
Automobile:
BodilyIInjury covering all $ 1,000,000 each person
automobiles,trucks,
tractors,trailers,or $ 1,000,000 each occurrence
other automotive equip-
ment whether owned or
rented by Engineer or
owned by employees of
Engineer.
Property Damage covering 100,000 each occurrence
all automobiles,trucks,
tractors,trailers or other
automotive equipment whether
owned or rented by Engineer
or owned by employees of
Engineer
OR
Bodily Injury&Property $1,000,000 each occurrence
Damage Single and combined
In addition to the above insurance coverage, the ENGINEER shall secure and maintain, until the work is completed and
accepted by the OWNER, and without naming OWNER as an additional insured, professional 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 drawings and other data furnished by him.
9.10 OWNERSHIP OF DOCUMENTS
14
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 project. Any reuse without written verification or adaptation by
ENGINEER will be at OWNER's sole risk and without 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 user's sole risk.
9.11 PUBLIC INFORMATION
The ENGINEER shall not issue any statements, 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
representatives,successors and assigns of the respective parties.
9.15 ATTORNEY'S 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 attorney'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 of this Contract or any provisions herein shall be made in writing or executed in the
same manner as this original document and shall after execution become a part of this Contract.
15
In witness Whereof,the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN,MONTANA ENGINEER
/in -
BY: BY: i
'Aa&k-,
(City Manager) President)
DATE: DATE:
ATTEST"
BY: lJ1
16
Exhibit C:
2014 Capital Improvement Proiects Field Survey
Scope of Services
October 2014
Preliminary Design Phase-
The preliminary design phase (which includes the topographic survey) will begin once authorization to
proceed is obtained from the owner.
The tasks defined for this project are:
Task 1: Grand Avenue: Peach St to Main St
Task 2: Grand Avenue: Main St to Garfield St
Task 3: Aspen Street: North 7`h Avenue to 5"' &North 5`E' Street: Tamarack St to Peach St
Task 1 is to be completed as a first priority and delivered to the City of Bozeman as soon as possible.
The remaining Tasks 2 and 3 will be completed and delivered to the City of Bozeman as soon as
possible within the contract terms and depending on snow cover.
The following describes the specific subtasks that will be accomplished for all of Tasks 1-3.
Subtask A
Horizontal and Vertical Field Control
Description—Establish vertical/horizontal control. Provide two horizontal control points and one
vertical benchmark for each block. May provide combined horizontal and vertical control on one point.
Subtask B
Topographic Field Survey
Description—Complete a topographic survey of the right of way including areas necessary to locate
curb boxes. Survey includes surface features (curb, gutter, sidewalk, driveways, asphalt, trees, fences,
etc.) and subsurface utilities, including depth information on water, sewer, and storm drainage.
Underground utilities that are marked by utility locate personnel will be surveyed with horizontal
locations. City of Bozeman to provide vacuum excavation services as needed for valve boxes, sewer
and storm drain manholes.
Subtask C
Site Map Preparation
Description—Download survey data and prepare a topographic site map drawing using standard line
work and symbols as provided by the City of Bozeman. AutoCAD Civil 3D 2013 software will be used
for site map preparation.
Subtask D
Field Verification and Quality Assurance
Description—Review site map drawings for accuracy with on-site walkthrough. Any revisions or
redlines will be completed as necessary to update site map.
Subtask E
Prepare Final Deliverables
Description—Prepare project files to include topographic site map (electronic and paper format), field
notes,and photographs. Site map will include control locations and benchmarks. Electronic AutoCAD
files will be in Civil 3D 2013 format.
Subtask F
Project Management and Coordination with Utilities
Description—Project Management of personnel, staff, and equipment; and coordination of utility
locates.
Gaston Engineering& Surveying, P.0
Exhibit D - Surveying Fee Estimate:
City of Bozeman 2014 Capital Improvements Project Field Survey
Prepared By: Gaston Engineering &Surveying, P.C.
Pre aced For:City of Bozeman; Bob Murra , P.E. Oct-14
Topographic
Task #of Blocks Total Cost
Task 1:Grand-Peach to Main 7 Blocks $11,895.25
Task 2: Grand-Main to Garfield 12 Blocks $23,791.50
Task 3:Aspen/N 5th 5 Blocks $8,927.38
Exhibit D - Surveying Fee Estimate:
City of Bozeman 2014 Capital Improvements Project Field Survey
Prepared By: Gaston Engineering &Surveying, P.C.
Prepared For: City of Bozeman; Bob Murray, P.E. Oct-14
Grand: to Main
Task Personnel Assigned Labor Labor Rate Total Cost
Hours
Horizontal and Vertical Field Control GPS Survey Crew 4 $175.00 $700.00
GPS Survey Crew 10 $175.00 $1,750.00
Topographic Field Survey Survey Crew w/Robotic 20 $175.00 $3,500.00
Site Map Preparation Land Surveyor L.S.I. 8 $102.00 $816.00
Professional Engineer 10.5 $148.00 $1,554.00
Land Surveyor L.S.I. 3 $102.00 $306.00
Field Verification and Quality Assurance Sr. Professional Land Surveyor 2 $148.00 $296.00
P.L.S.
Sr. Professional Land Surveyor
Prepare Final Deliverables P.L.S. 1 $148.00 $148.00
Land Surveyor L.S.I. 3 $102.00 $306.00
Project Management and Coordination with Sr. Professional Land Surveyor 5 $148.00 $740.00
Utilities P.L.S.
Land Surveyor L.S.I. 3 $102.00 $306.00
Subtotal-Labor 69.5 $10,422.00
Expenses Unit Qty Unit Price Total Expense
Vehicle(miles) 71 $0.75 $53.25
Field Electronics&Telecommunications 36 $6.00 $216.00
Survey Equipment-GPS/Robotic(days) 5 $225.00 $1,125.00
Survey Materials 9 $6.00 $54.00
Administration/Office Supplies 1 $25.00 $25.00
Subtotal-Expenses $1,473.25
Total • Peach to $11,895.25
Exhibit D - Surveying Fee Estimate:
City of Bozeman 2014 Capital Improvements Project Field Survey
Prepared By: Gaston Engineering&Surveying, P.C.
Prepared For: City of Bozeman; Bob Murray, P.E. Oct-14
Grand: Garfield
Task Personnel Assigned Labor Labor Rate Total Cost
Hours
Horizontal and Vertical Field Control GPS Survey Crew 8 $175.00 $1,400.00
Topographic Field Survey GPS Survey Crew 20 $175.00 $3,500.00
Survey Crew w/Robotic 35 $175.00 $6,125,00
Site Map Preparation Land Surveyor L.S.I. 15.5 $102.00 $1,581.00
Professional Engineer 27 $148.00 $3,996.00
Land Surveyor L.S.I. 4 $102.00 $408.00
Field Verification and Quality Assurance Sr. Professional Land Surveyor 2 $148.00 $296.00
P.L.S.
Sr. Professional Land Surveyor
4 $148.00 $592.00
Prepare Final Deliverables P.L.S.
Land Surveyor L.S.I. 6 $102.00 $612.00
Project Management and Coordination with Sr. Professional Land Surveyor 14 $148.00 $2,072.00
Utilities P.L.S.
Land Surveyor L.S.I. 2 $102.00 $204.00
Subtotal-Labor 137.5 $20,786.00
Expenses Unit Qty Unit Price Total Expense
Vehicle(miles) 142 $0.75 $106.50
Field Electronics&Telecommunications 72 $6.00 $432.00
Survey Equipment-GPS/Robotic(days) 10 $225.00 $2,250.00
Survey Materials 32 $6.00 $192.00
Administration/Office Supplies 1 $25.00 $25.00
Subtotal-Expenses $3,005.50
Total • . Garfield
Exhibit D - Surveying Fee Estimate:
City of Bozeman 2014 Capital Improvements Project Field Survey
Prepared By: Gaston Engineering &Surveying, P.C.
Prepared For: City of Bozeman; Bob Murray, P.E. Oct-14
AspenTask 3- • . Peach
Labor
Task Personnel Assigned Labor Rate Total Cost
Hours
Horizontal and Vertical Field Control GPS Survey Crew 2 $175.00 $350.00
Topographic Field Survey GPS Survey Crew 10 $175.00 $1,750.00
Survey Crew w/Robotic 14 $175.00 $2,450.00
Site Map Preparation Land Surveyor L.S.I. 4 $102.00 $408.00
Professional Engineer 6.5 $148.00 $962.00
Land Surveyor L.S.I. 2 $102.00 $204.00
Field Verification and Quality Assurance Sr. Professional Land Surveyor 2 $148.00
P $296.00
.L.S.
Land Surveyor L.S.I. 3 $102.00 $306.00
Prepare Final Deliverables Sr. Professional Land Surveyor 2
$148.00 $296.00
P.L.S.
Project Management and Coordination with Sr. Professional Land Surveyor 5 $148.00 $740.00
Utilities P.L.S.
Land Surveyor L.S.I. 2 $102.00 $204.00
Subtotal-Labor 52.5 $7,966.00
Expenses Unit Qty Unit Price Total Expense
Vehicle(miles) 52.5 $0.75 $39.38
Field Electronics&Telecommunications 28 $6.00 $168.00
Survey Equipment-GPS/Robotic(days) 3 $225.00 $675.00
Survey Materials 9 $6.00 $54.00
Administration/Office Supplies 1 $25.00 $25.00
Subtotal-Expenses $961.38
TotalAspen • Peach