HomeMy WebLinkAbout10. C8 Task Order 3
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: David Fine, Economic Development Specialist
SUBJECT: Right of Way Acquisition Task Order 3 for North 7th St. Lighting Project
AGENDA ITEM TYPE: Consent
MEETING DATE: February 9, 2015 RECOMMENDATION: Authorize the City Manager to execute Task Order No. 3 for the
Professional Services Agreement with Dowl HKM to provide Right-of-Way acquisition services for public access and utility easements to facilitate the completion of the North 7th Ave. Lighting Project.
BACKGROUND: The North Seventh Urban Renewal Board (NSURB) wishes to utilize the existing Public Works
Department contract for right-of-way acquisition to acquire public access and utility easements to facilitate the completion of the North Seventh Lighting Project.
In an effort to proactively acquire the right-of-way needed to make road and intersection improvements to the transportation network, public works and engineering solicited proposals from engineering firms
interested in providing that service on a term contract basis. Dowl-HKM responded to this request and
was selected to provide these services to the city. The contract was written to allow the issuance of task orders for each separate acquisition to be pursued. Fees for each acquisition will be on a time and
materials basis. UNRESOLVED ISSUES: None.
FISCAL EFFECTS: Fees up to $26,165 will be paid with increment from the North Seventh TIF
District.
ALTERNATIVES: As suggested by the City Commission. Attachments: Exhibit A, Task Order 3 Professional Services Agreement
106
Exhibit A to Master Task Order Agreement for Professional Services
TASK ORDER NUMBER 03
Issued under the authority of Professional Services Master Task Order Agreement between the City of
Bozeman and DOWL for: Professional and technical services for the acquisition of right of way,
easements and real property to allow for the construction of various street and utilities
improvements within the City of Bozeman
This Task Order is dated , 20 between City of Bozeman (City) and
DOWL (Contractor).
The following representatives have been designated for the work performed under this Task Order:
City: Brit Fontenot
Contractor: Tony Becken-Gaddo, P.E.
SCOPE OF WORK:
The scope of work for Task Order No. 3 is detailed in the attached Project Scope of Services.
COMPENSATION:
Contractor shall be reimbursed on a time and materials basis with a total cost not to exceed $26,165.00. The
total cost for Task Order No. 3 is detailed in the attached Project Cost Estimate. Contractor shall invoice no
more often than monthly for services provided in the prior month.
The provisions of the Professional Services Master Task Order Agreement and any Special Terms and
Conditions and/or Exhibits or Attachments to this Task Order shall govern the Work.
IN WITNESS WHEREOF, the parties authorized to commit resources of the companies have executed this
Task Order:
City of Bozeman Contractor
By: By:
Title: Title:
Date: Date:
Fed. ID. No. 92-0166301
107
January 23, 2015
Page 1 of 2
January 23, 2015
Page 2 of 2
Activity Tasks Total Hours
Real Estate
Manager
Project
Manager /
Coordinator
Right of Way
Agent
Title
Specialist
Assistant
Coordinator
Professional
Surveyor Survey Crew Clerical
1.0 PROJECT RESEARCH
Obtain and review available construction plans.4 4
Obtain and review proposed easement documents.10 2 8
Obtain and review available project documentation.4 2 2
Obtain current ownership information.16 16
SUBTOTAL (HOURS)34 4 14 0 16 0 0 0 0
2.0 PROPERTY OWNER CONTACT
Compile Contact Information 12 4 8
Initiate Contact 4 4
Work on Agreements 14 2 12
SUBTOTAL (HOURS)30 2 20 0 8 0 0 0 0
3.0 TITLE COMMITMENTS
SUBTOTAL (HOURS)0 0 0 0 0 0 0 0 0
4.0 APPRAISALS AND REVIEW APPRAISALS
SUBTOTAL (HOURS)0 0 0 0 0 0 0 0 0
5.0 ACQUISITIONS
Conduct meetings with property owners 150 2 148
SUBTOTAL (HOURS)150 2 148 0 0 0 0 0 0
6.0 RELOCATION SERVICES
SUBTOTAL (HOURS)0 0 0 0 0 0 0 0 0
7.0 CLOSING
Complete final title transfer documents.0
SUBTOTAL (HOURS)0 0 0 0 0 0 0 0 0
8.0 FINAL SUBMITTAL AND CLOSEOUT
Deliver Completed Title Transfer Documents 12 8 4
Project Closeout 1 1
QA/QC of Deliverables 1 1
SUBTOTAL (HOURS)14 1 9 0 0 0 0 0 4
9.0 PROJECT MANAGEMENT
Project administration.4 4
Coordination meetings.4 4
SUBTOTAL (HOURS)8 0 8 0 0 0 0 0 0
CONTINGENCY
Negotiation Challenges 12 8 4
Total Project Hours 248 9 207 0 24 4 0 0 4
WORK TO BE COMPLETED
City of Bozeman R/W Acquisition: Task Order No. 3 Project Cost Estimate--N. 7th Ave. Lighting DATE: 1/23/2015
PROJECT NO: 4524.11402.03 EST. PREPARED BY: DOWL HKM PAY SCH.: Time and Materials--NTE
Not Applicable
Not Applicable
Not Applicable
Hours % of total Rate Extension
Real Estate Manager BW 9 4%150.00 1,350.00
Project Manager / Coordinator TBG 207 83%105.00 21,735.00
Right of Way Agent RK 0 0% 140.00 0.00
Title Specialist CM 24 10%90.00 2,160.00
Assistant Coordinator CS, JS 4 2%120.00 480.00
Professional Surveyor TR 0 0% 130.00 0.00
Survey Crew TR & FM 0 0% 225.00 0.00
Clerical BOZ 4 2%55.00 220.00
TOTAL HOURS 248
TOTAL LABOR $25,945.00
Unit Quantity Rate
Computer Hours Per Hour 0.00
Title commitments Each Per Parcel 0.00
Vehicle Rental Days Per Day 0.00
Mileage Miles 220 Per Mile $1.00 220.00
Airline Trips Trips Per Trip 0.00
Lodging Days Per Day 0.00
Meals Days Per Day 0.00
TOTAL DIRECT NONLABOR $220.00
R/W Appraisals
R/W Review Appraisals
TOTAL OUTSIDE SERVICES AND SUBCONTRACTS $0.00
Total Direct Labor 25,945.00
Total Direct NonLabor 220.00
Total Outside Services & Subcontracts 0.00
TOTAL ESTIMATED COST (NTE)$26,165.00
DIRECT LABOR
DIRECT NONLABOR
OUTSIDE SERVICES AND SUBCONTRACTS (LUMP SUM)
RECAPITULATION
COST SUMMARY
Miscellaneous (Blueline prints, mylars, multilith paper, telephone,
postage, misc. equipment rental, maps, photos, survey mtls., display boards, etc.)
'''C'--
\.4*’~_O,4‘-4--r-"
IL“,$1936}}‘,-\$1''-$"55'1i'+"le"1/‘Yi.re.
4*"
“~-'2*_:,E§»"
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 2nd day of June,2014,by and between
the CITY OF BOZEMAN,MONTANA,a self governing municipal corporation organized and
existing under its Charter and the laws of the State of Montana,121 North Rouse Street,Bozeman,
Montana,with a mailing address of PO Box 1230,Bozeman,MT 59771,hereinafter referred to as
“City,”and,DOWL LLC d/b/a DOWL HKM,a Limited Liability Company organized in the State
of Alaska,with an office located at 2090 Stadium Drive,Bozeman,Montana 59715 hereinafter
referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained,the receipt and
sufficiency whereof being hereby acknowledged,the parties hereto agree as follows:
1.Purpose:City agrees to enter into this agreement with Contractor to provide various
professional and technical services for the acquisition of right of way,easements and real property
to allow for the construction of various street and utilities improvements Within the City,as
requested by City through issuance of individual,consecutively numbered Task Orders on an as
needed and requested basis.
2.Term/Effective Date:This Agreement is effective upon the date of its execution
and will terminate on the _l st day of May,2016.
3.Scope of Work:Contractor will perform the work and provide the services in accordance
with the specific services and corresponding schedule as mutually agreed upon by City and
Contractor and included in each individual Task Order executed under the authority ofthis
Agreement.Task Orders shall be in a format similar to EXHIBIT A,attached and made part of this
Agreement.For conflicts between this Agreement and the Scope of Services,unless specifically
provided otherwise,the Agreement governs.
4.Payment:The terms of compensation to Contractor shall be agreed upon and
included in each Task Order.City agrees to pay Contractor the amount specified in the individual
Task Orders.Any alteration or deviation from the described services that involves additional costs
above the Agreement amount will be performed by Contractor after written request by the City,and
Professional Services Agreement for Streets and Utilities Land Agent Services
FY 2013 —FY 2014
Page 1 of 11
112
will become an additional charge over and above the amount listed in the Scope of Services.The
City must agree in writing upon any additional charges.
5.Contractor’s Representations:To induce City to enter into this Agreement,
Contractor makes the following representations:
a.For each individual Task Order,Contractor will familiarized itself with the nature
and extent of the assigmnent,,and with all local conditions and federal,state and local laws,
ordinances,rules,and regulations that in any mamier may affect cost,progress or performance of
the Scope of Services and will provide a mutually agreeable Scope of Services for each Task Order.
b.Contractor represents to City that it has the experience and ability to perfonn the
services required by this Agreement;that it will perform said services in a professional,competent
and timely manner and with diligence and skill ordinarily used by member in the same profession
practicing at the same time and in the same locality;that it has the power to enter into and perform
this Agreement and grant the rights granted in it;and that its performance of this Agreement shall
not infringe upon or violate the rights of any third party,whether rights of copyright,trademark,
privacy,publicity,libel,slander or any other rights of any nature whatsoever,or violate any federal,
state and municipal laws.The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this standard of care.
6.Independent Contractor Status/Labor Relations:The parties agree that
Contractor is an independent contractor for purposes of this Agreement and is not to be considered
an employee of the City for any purpose.Contractor is not subject to the terms and provisions of
the City’s p6I‘SO111’l6l policies handbook and may not be considered a City employee for workers’
compensation or any other purpose.Contractor is not authorized to represent the City or otherwise
bind the City in any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’Compensation
Act,Title 39,Chapter 71,MCA,and the Occupational Disease Act of Montana,Title 39,Chapter
71,MCA.Contractor shall maintain workers’compensation coverage for all members and
employees of Contractor’s business,except for those members who are exempted by law.
Contractor shall furnish the City with copies showing one of the following:(1)a binder for
workers’compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana;or (2)proof of exemption from workers’
compensation granted by law for independent contractors.
Contractor shall indemnify,and hold the City harmless from any and all claims,demands,
costs,expenses,damages,and liabilities arising out of,resulting from,or occurring in connection
Professional Services Agreement for Streets and Utilities Land Agent Services
FY 2013 —FY 2014
Page 2 of 11
113
with any labor problems or disputes or any delays or stoppages of work associated with such
problems or disputes.
7.Indemnity/Waiver of Claims/Insurance:For other than professional services
rendered,to the fullest extent permitted by law,Contractor agrees to release,defend,indemnify,and
hold harmless the City,its agents,representatives,employees,and officers (collectively referred to
for purposes of this Section as the City)from and against any and all claims,demands,actions,fees
and costs (including attorney’s fees and the costs and fees of and expert witness and consultants),
losses,expenses,liabilities (including liability where activity is inherently or intrinsically
dangerous)or damages of whatever kind or nature comiected therewith and without limit and
without regard to the cause or causes thereof or the negligence of any party or parties that may be
asserted against,recovered from or suffered by the City occasioned by,growing or arising out of or
resulting from or in any way related to:(i)the negligent,reckless,or intentional misconduct of the
Contractor;(ii)any negligent,reckless,or intentional misconduct ofany of the Contractor’s agents;
For the professional services rendered,to the fullest extent permitted by law,Contractor agrees to
indemnify and hold the City harmless against claims,demands,suits,damages,losses,and
expenses,including reasonable defense attomey fees,to the extent caused by the negligence or
willful misconduct ofthe Contractor or Contractor’s agents or employees.Defense obligation under
this indemnity paragraph means only the reimbursement ofreasonable defense costs to the
proportionate extent of the Contractor’s actual liability obligation hereunder.
Such obligations shall not be construed to negate,abridge,or reduce other rights or
obligations of indenmity that would otherwise exist.The indemnification obligations of this Section
must not be construed to negate,abridge,or reduce any common—law or statutory rights of the
indemnitee(s)which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should any indemnitee described herein be required to bring an action against the Contractor
to assert its right to defense or indemnification under this Agreement or under the Contractor’s
applicable insurance policies required below the indemnitee shall be entitled to recover reasonable
costs and attorney fees incurred in asserting its right to indemnification or defense but only if a
court of competent jurisdiction determines the Contractor was obligated to defend the claim(s)or
was obligated to indemnify the indemnitee for a claim(s)or any portion(s)thereof.
Professional Services Agreement for Streets and Utilities Land Agent Services
FY 2013 ~—FY 2014
Page 3 of 11
114
In the event of an action filed against City resulting from the City’s performance under this
Agreement,the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City or its officers,agents
or employees,including the right of contribution for loss or damage to person or property arising
from,growing out of,or in any way connected with or incident to the performance of this
Agreement except “responsibility for his own fraud,for willful injury to the person or property oi
another,or for violation of law,whether Wlllfill or negligent”as per 28-2-702,MCA or caused by
the “negligence,recklessness,or intentional misconduct”of the City or the City’s officers,
employees,or agents as per 28-2-2111 MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above,Contractor shall at Contractor’s expense
secure insurance coverage through an insurance company or companies duly licensed and
authorized to conduct insurance business in Montana which insures the liabilities and obligations
specifically assumed by the Contractor in this Section.The insurance coverage shall not contain any
exclusion for liabilities specifically assumed by the Contractor in subsection (a)of this Section.
The insurance shall cover and apply to all claims,demands,suits,damages,losses,and
expenses that may be asserted or claimed against,recovered from,or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City and Contractor
shall furnish to the City an accompanying certificate of insurance and accompanying endorsements
in amounts not less than as follows:
0 Workers’Compensation —statutory;
0 Employers’Liability -$1,000,000 per occurrence and annual aggregate;
0 Commercial General Liability -$1,000,000 per occurrence;$2,000,000 annual
aggregate;
0 Automobile Liability -$1,000,000 property damage/bodily injury;$1,000,000
annual aggregate;and
0 Professional Liability ~$2,000,000 per claim;$2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs.The City of Bozeman,its officers,
agents,and employees,shall be endorsed as an additional or named insured on a primary non-
contributory basis on both the Commercial General and Automobile Liability policies.The
Professional Services Agreement for Streets and Utilities Land Agent Services
FY 2013 4 FY 2014
Page 4 of 11
115
insurance and required endorsements must be in a form suitable to City and shall include no less
than a thirty (30)day notice of cancellation or non-renewal.The City must approve all insurance
coverage and endorsements prior to the Contractor commencing work.Contractor shall notify City
within two (2)business days of Contractor’s receipt of notice that any required insurance coverage
will be terminated or Contractor’s decision to terminate any required insurance coverage for any
reason.
The City must approve all insurance coverage and endorsements prior to the
Contractor commencing work.
8.Termination for Contractor’s Fault:
a.If Contractor refuses or fails to timely do the work,or any part thereof,or
fails to perform any of its obligations under this Agreement,or otherwise breaches any terms
or conditions of this Agreement,the City may,by written notice,terminate this Agreement
or any individual Task Order under this Agreement and the Contractor’s right to proceed
with all or any part of the work (“Termination Notice Due to Contractor’s Fault”).The City
may then take over the work and complete it,either with its own resources or by re-letting
the contract to any other third party.
b.In the event of a termination pursuant to this Section 8,Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c.Any termination provided for by this Section 8 shall be in addition to any
other remedies to which the City may be entitled under the law or at equity.
d.In the event of termination under this Section 8,Contractor shall,under no
circumstances,be entitled to claim or recover consequential,special,punitive,lost business
opportunity,lost productivity,field office overhead,general conditions costs,or lost profits
damages of any nature arising,or claimed to have arisen,as a result of the termination.
9.Termination for City’s Convenience:
a.Should conditions arise which,in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement City or any Task
Order under this Agreement may terminate this Agreement or any Task Order under this
Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”).The termination shall be effective in the manner specified in the Notice of
Professional Services Agreement for Streets and Utilities Land Agent Services
FY 2013 —FY 2014
Page 5 of 11
116
Tennination for City’s Convenience and shall be without prejudice to any claims that the
City may otherwise have against Contractor.
b.Upon receipt of the Notice of Termination for City’s Convenience,unless
otherwise directed in the Notice,the Contractor shall immediately cease performance under
this Agreement or any Task Order under this Agreement and make every reasonable effort
to refrain from continuing work,incurring additional expenses or costs under this
Agreement or any Task Order under this Agreement and shall immediately cancel all
existing orders or contracts upon terms satisfactory to the City.Contractor shall do only
such work as may be necessary to preserve,protect,and maintain work already completed or
immediately in progress.
c.In the event of a termination pursuant to this Section 13,Contractor is
entitled to payment only for those services Contractor actually rendered on or before the
receipt of the Notice of Termination for City’s Convenience.
d.The compensation described in Section 13(c)is the sole compensation due to
Contractor for its performance of this Agreement.Contractor shall,under no circumstances,
be entitled to claim or recover consequential,special,punitive,lost business opportunity,
lost productivity,field office overhead,general conditions costs,or lost profits damages of
any nature arising,or claimed to have arisen,as a result of the termination.
10.Limitation on Contractor’s Damages;Time for Asserting Claim:
a.In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential,special,punitive,lost business
opportunity,lost productivity,field office overhead,general conditions costs,or lost profits
damages of any nature or kind.
b.In the event Contractor wants to assert a claim for damages of any kind or
nature,Contractor shall provide City with written notice of its claim,the facts and
circumstances surrounding and giving rise to the claim,and the total amount of damages
sought by the claim,within ten (10)days of the facts and circumstances giving rise to the
claim.In the event Contractor fails to provide such notice,Contractor shall waive all rights
to assert such claim.
Professional Services Agreement for Streets and Utilities Land Agent Services
FY 2013 —FY 2014
Page 6 of11
117
11.Representatives:
a.Cigfs Representative:The City’s Representative for the purpose of this
Agreement shall be Rick Hixson (City Engineer)or such other individual as City shall
designate in writing.Whenever approval or authorization from or communication or
submission to City is required by this Agreement,such communication or submission shall
be directed to James Goehrung as the City’s Representative and approvals or authorizations
shall be issued only by such Representative;provided,however,that in exigent
circumstances when City’s Representative is not available,Contractor may direct its
communication or submission to other designated City personnel or agents as listed above
and may receive approvals or authorization from such persons.
b.Contractor’s Representative:The Contractor’s Representative for the
purpose of this Agreement shall be Tony Becken-Gaddo or such other individual as
Contractor shall designate in writing.Whenever direction to or communication with
Contractor is required by this Agreement,such direction or cormnunication shall be directed
to Contractor’s Representative;provided,however,that in exigent circumstances when
Contractor’s Representative is not available,City may direct its direction or communication
to other designated Contractor personnel or agents.
12.Permits:Contractor shall provide all notices,comply with all applicable laws,
ordinances,rules,and regulations,obtain all necessary permits,licenses,including a City of
Bozeman business license,and inspections from applicable governmental authorities,and pay all
fees and charges in connection therewith.
13 Laws and Regulations:Contractor shall comply fully with all applicable state and
federal laws,regulations,and municipal ordinances including,but not limited to,all workers’
compensation laws,all enviromnental laws including,but not limited to,the generation and disposal
of hazardous waste,the Occupational Safety and Health Act (OSHA),the safety rules,codes,and
provisions of the Montana Safety Act in Title 50,Chapter 71,MCA,all applicable City,County,
and State building and electrical codes,the Americans with Disabilities Act,and all non-
discrimination,affirmative action,and utilization of minority and small business statutes and
regulations.
14.Nondiscrimination:The Contractor will have a policy to provide equal
employment opportunity in accordance with all applicable state and federal anti-discrimination
laws,regulations,and contracts.
Professional Services Agreement for Streets and Utilities Land Agent Services
FY 2013 —FY 2014
Page 7 of 11
118
The Contractor 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 Contractor 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
Contractor shall require these nondiscrimination terms of its sub-Contractors providing services
under this agreement.
15.Intoxicants;DOT Drug and Alcohol Regulations/Safety and Training:
Contractor shall not permit or suffer the introduction or use of any intoxicants,including alcohol or
illegal drugs,by any employee or agent engaged in services to the City under this Agreement while
on City property or in the performance of any activities under this Agreement.Contractor
acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S.
Department of Transportation (DOT)regulations governing anti-drug and alcohol misuse
prevention plans and related testing.City shall have the right to request proof of such compliance
and Contractor shall be obligated to furnish such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures.The Contractor shall provide
continuous inspection and supervision of the work performed.The Contractor is responsible for
instructing his employees and agents in safe work practices.
16.Modification and Assignability:This Agreement may not be enlarged,modified or
altered except by written agreement signed by both parties hereto.The Contractor may not
subcontract or assign Contractor’s rights,including the right to compensation or duties arising
heretmder,without the prior written consent of City.Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17.Reports/Accountability/Public Information:Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement.Contractor shall allow the City,its auditors,and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal,state,and local law.The
Contractor shall not issue any statements,releases or information for public dissemination without
prior approval of the City.
Professional Services Agreement for Streets and Utilities Land Agent Services
FY 2013 —FY 2014
Page 8 of 11
119
18.Non-Waiver:A waiver by either party any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party°s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent
default or breach.
19.Attornev’s Fees and Costs:That in the event it becomes necessary for either Party
of this Agreement to retain an attomey to enforce any of the terms or conditions of this Agreement
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.
20.Taxes:Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21.Dispute Resolution:
a.Any claim,controversy,or dispute between the parties,their agents,
employees,or representatives shall be resolved first by negotiation between senior-level
persomiel from each party duly authorized to execute settlement agreements.Upon mutual
agreement of the parties,the parties may invite an independent,disinterested mediator to
assist in the negotiated settlement discussions.
b.If the parties are unable to resolve the dispute within thirty (3 0)days from the
date the dispute was first raised,then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22.Survival:Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23.Headings:The headings used in this Agreement are for convenience only and are
not be construed as a part of the Agreement or as a limitation on the scope of the particular
paragraphs to which they refer.
24.Severabilifl:If any portion of this Agreement is held to be void or unenforceable,
the balance thereof shall continue in effect.
Professional Services Agreement for Streets and Utilities Land Agent Services
FY 2013 —FY 2014
Page 9 of 11
120
25.Applicable Law:The parties agree that this Agreement is governed in all respects
by the laws of the State of Montana.
26.Binding Effect:This Agreement is binding upon and inures to the benefit of the
heirs,legal representatives,successors,and assigns ofthe parties.
27.No Third-Party Beneficiary:This Agreement is for the exclusive benefit of the
parties,does not constitute a third-party beneficiary agreement,and may not be relied upon or
enforced by a third party.
28.Counterparts:This Agreement may be executed in counterparts,which together
constitute one instrument.
29.Integration:This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties.Covenants or representations not contained therein or made a part thereof
by reference,are not binding upon the parties.There are no understandings between the parties
other than as set forth in this Agreement.All communications,either verbal or written,made prior
to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of
this Agreement by reference.
30.Extensions:this Agreement may,upon mutual agreement,be extended for a
period of one year by written agreement of the Parties.In no case,however,may this Agreement run
longer than .
****END or AGREEMENT EXCEPT FOR SIGNATURES *='~=*
IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN,MONTANA D6 W L.\-\¥<-l“\
CONTRACTOR (Type Name Above)
By Ciel/1.Titelidu By
Chris Kukulski,City Manager ',
Print Name:\7l"v|Hip A~Oalejfilvi
Professional Services Agreement for Streets and Utilities Land Agent Services
FY 2013 —FY 2014
Page 10 of 11
121
APPROVED AS TO FORM:
/'
.6 £5“Greg ll van,Bozeman City Attorney
Print Title:j3[g5’rem Vloviianq iliegmg l’h_M_4r['J‘
Professional Services Agreement for Streets and Utilities Land Agent Services
FY 2013 —FY 2014
Page 11of11
122
Exhibit A to Master Task Order Agreement for Professional Services
TASK ORDER NUMBER
Issued under the authority of Professional Services Master Task Order Agreement between the City of
Bozeman and DOWL HKM for:Professional and technical services for the acquisition of right of
way,easements and real property to allow for the construction of various street and utilities
improvements within the City ofBozeman
This Task Order is dated ,20 between City of Bozeman (City)and
DOWL HKM (Contractor).
The following representatives have been designated for the work performed under this Task Order:
City:Contractor:
SCOPE OF WORK:(attach additional sheet(s)as required)
[insert scope or reference EYHIBITA —Scope ofServices)
COMPENSATION:(revise thefollowing as irecessary)
Contractor shall be reimbursed on a (Time &Materials.Lump Sum.Percent of Completion.etc.)
basis.Contractor shall invoice no more often than monthly for services provided in the prior month.
The provisions of the Professional Services Master Task Order Agreement and any Special Temis and
Conditions and/or Exhibits or Attachments to this Task Order shall govern the Work.
IN WITNESS WHEREOF,the parties authorized to commit resources of the companies have executed this
Task Order:
Citv of Bozeman Contractor
By:By:
Title:Title:
Date:Date:
Fed.ID.No.92-0166301
123