HomeMy WebLinkAbout01- Morrison Maierle; Durston Rd. Improvements, N 19th to Fowler - Professional Service Agreement
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PROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made as of September 10 ,2001, between THE CITY OF BOZEMAN, a
Municipal Corporation, Bozeman, Montana, 59715 (OWNER) and
MORRISON-MAIERLE, INC., P.O. Box 1113, Bozeman, Montana, 59771-1113, (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
se'rvices 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 A, ENGINEER'S STATUS DURING
CONSTRUCTION; EXHIBIT B, A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF
AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE; and EXHIBIT C, ENGINEERING FEE
ESTIMA TE, 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:
Task 1 Coordinate With County Officials
In this first task, the proposed SID boundary and the general nature and scope of the road improvements
will be discussed with the County Road & Bridge Superintendent, County Attorney and County
Commissioners. The purpose of the discussions is to determine the viability of creating the SID to include
properties outside the City's corporate boundaries.
Task 2 SID Boundary and Information
Task 2 will use the results of Task 1 to coordinate with City personnel to prepare the legal description of
the district boundary. We will then compile and evaluate information on the individual properties within
the boundary necessary to spread the SID Assessments.
Our proposal assumes that ENGINEER will work in concert with a local title company to compile the
required information for each individual property after receiving an initial data set from OWNER. This
data includes:
. Property owner names
. Owner address
. Property address
. Legal description
. County parcel numbers (50% only)
. Parce I area
. Outstanding SID assessments
. Delinquent SID assessments
ENGINEER will coordinate with the title company and compile the information required at 7.12.4106 and
7-12-4225 MCA.
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Task 3 Preliminary Investigations
Preliminary investigations include analyzing existing right-of-way for the length of the project, the
percentage of the proposed district area that is in the County compared to that within the City Limits, and
the percentage of property within the City on which Waivers of Right-to-Protest are filed. This information
will be compiled by reviewing existing plats within the proposed SID Boundary.
Task 4 Pre-Design Engineering
A Pre-Design Engineering Assessment will be completed to better define the Durston Road improvements
project and identify project needs. The evaluation will include 2 road section alternatives, geotechnical
investigations, identification of impacts to existing utilities (water, sewer, power, gas, telephone), traffic,
drainage, and general site conditions. Estimated total project costs will be provided for each alternative.
The Assessment will provide the final overall definition of the improvement project. After alternative
selection by OWNER, ENGINEER will define the construction project.
Task 5 District Formation
In this task, ENGINEER will finalize the assessment information for the SID areas. The work will
conclude estimating the SID costs for use in the Resolution of Intent, finalize the assessment spreadsheets
with estimated assessments for individual properties. A presentation to the City Commission of the efforts
to-date will be made at or before their consideration of the Resolution. A second presentation at the public
hearing for the creation of the SID will be made in concert with the staff.
1.2. The scope of services under this contract are 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's
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 furnish all labor, materials, equipment, supplies, and incidentals necessary to conduct and
complete the ENGINEER'S portions of the Project and to prepare and deliver to 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 Jack Schunke, P.E., Vice President.
2.6. The ENGINEER shall name a Project Manager who shall be the liaison between the ENGINEER and the
OWNER. The Project Manager shall be Phillip J. Forbes, P.E. 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.
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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.
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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 Rick Hixson, 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 (as-built 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.
4.1.2 Advise OWNER as to the necessity of OWNER's providing or obtaining from others, data or services
and assist OWNER in obtaining such data or services.
4.1.3 Identify and analyze requirements of governmental authorities having jurisdiction to approve the design
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 Assist in formation of Special Improvement Districts (SID) by preparing district boundary
descriptions and maps, preparing a property owner's and assessments role lists including project assessment
costs based on the preliminary project cost estimates, and providing technical information at SID public
hearings, if applicable.
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 Report will be accompanied
by ENG INEER'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 (on the basis of
information furnished by OWNER) 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".
4.1.8. Furnish
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copies of the Study and Report documents and review them in person with OWNER.
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The Pre-design Investigation Phase will be completed and submitted within 30 calendar days following written
authorization from OWNER to ENGINEER to proceed with that phase of services.
OWNER and ENGINEER will negotiate the full scope of services to be provided for the balance of the
project upon completion of the Tasks identified in 1.1 herein, and creation of the Durston Road Special
Improvement District by OWNER. This contract will be amended to include the balance of services at a later
date.
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 consultation with OWNER determine general scope, extent and character of the Project.
4.2.2. ENGINEER shall then prepare a Preliminary Design Report, preliminary plans and specifications and a
written description for the Project.
4.2.3. Preliminarv Design Report: Specific items to be addressed in the design report will include, but not be
limited to:
4.2.3.1. Summary of construction requirements with appropriate drawings for each task included in
the project.
4.2.3.2. Plans for providing water and sewer services for affected properties during construction.
4.2.3.3. Summary geotechnical report for specific tasks, if needed.
4.2.3.4. Special design considerations for Project tasks with conditions not covered in standard
construction methods or specifications.
4.2.3.5. A traffic control 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 Rights-of-Way: The ENGINEER shall obtain approved permits, licenses, and/or easement
agreements from private landowners and any other agencies or entities requiring similar approvals prior to
bidding. These approvals will be coordinated with the OWNER and will be made on easement and permit
documents approved by the OWNER. Information and easement descriptions provided in the Basic Engineering
Services will be based on data available from design surveys and courthouse records.
4.2.6. Geotechnical Explorations and Analysis: The ENGINEER shall conduct sllch geotechnical
explorations and analysis as necessary for project design and bidding. A geotechnical report will be prepared
with recommendations relating to conditions pertinent to the design and construction of the Project. Subsurface
information will be obtained by reviewing any existing geotechnical data available and using additional backhoe
test pits and soil borings as necessary.
The ENGINEER shall furnish copies of a geotechnical report as requested to OWNER for use by OWNER and
Contractors, and review the results of the report with Contractors in a pre-bid meeting. The report is to be
prepared for design purposes; ENGINEER will not be responsible if it is used by others for other purposes.
4.2.7. Preliminary Plans and Specifications. Prepare preliminary construction plans and specifications with
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information which addresses the special features of each project task.
4.2.8. Based on the information contained in the preliminary design documents, ENGINEER will submit a
revised opinion of probable Total Project Costs to the OWNER.
4.2.9. ENGINEER shall prepare and furnish complete copies of preliminary bidding documents and design
report as requested to OWNER and at the same time furnish copies as directed by OWNER to agencies and/or
parties having regulatory responsibilities or direct financial participation in any part of the Project; provide any
technical criteria, written descriptions and design data necessary for securing permits or approval from
authorities having jurisdiction to review and approve the design, and assist owner in securing such approvals; and
review documents in person with OWNER and review authorities, and, if necessary, conduct a plan-in-hand site
review. All changes agreed to between ENGINEER and OWNER will be noted in a memorandum from the
ENGINEER to the OWNER and incorporated into the final plans and specifications.
The Preliminary Design phase will be completed and submitted within
authorization from OWNER to ENGINEER to proceed with that phase of services.
calendar days following written
4.3 FINAL DESIGN PHASE
After written authorization to proceed with the Final Design Phase, ENGINEER shall:
4.3. I. On the basis of the accepted Preliminary Design documents and the revised opinion of probable Total
Project Costs, prepare for incorporation in the Contract Documents final drawings and Technical Specifications
of sufficient detail to show the general scope, extent and detailed character of the work to be furnished and
performed by the Contractor(s) suitable for use in the project bidding and construction.
4.3.2. Advise OWNER of any adjustments to the latest opinion of probable Total Project Costs caused by
changes in general scope, extent or character or design requirements of the Project or Construction Costs.
Furnish to OWNER a revised opinion of probable Total Project Costs based on the Drawings and Specifications.
4.3.3. Prepare for review and approval by OWNER, its legal counsel and other advisors, contract agreement
forms, general conditions and supplementary conditions, and (where appropriate) bid forms, invitations to bid
and instructions to bidders, special provisions, technical specifications, and standard drawings, and other related
contract documents in conformance with the latest edition of the Montana Public Works Standard Specifications
(MPWSS) and City of Bozeman Modifications to MPWSS adopted by the City of Bozeman.
4.3.4. Furnish OWNER six copies of the Contract Documents (including design drawings, specifications and
contracts ).
The Final Phase will be complete and submitted within
OWNER to ENGINEER to proceed with that phase of services.
calendar days following written authorization from
4.4 BIDDING OR NEGOTIATING PHASE
After written authorization to proceed with the Bidding or Negotiating Phase, ENGINEER shall:
4.4.1. Assist OWNER in advertising for and obtaining bids or negotiating proposals for construction
contract(s) and record prospective bidders to whom Bidding Documents have been issued, receive and process
deposits for Bidding Documents and conduct pre-bid conferences.
4.4.2. Provide interpretation or clarification to prospective bidders regarding the Bidding Documents, and
issue addenda as appropriate.
4.4.3. Consult with and advise OWNER as to the acceptability of the prime contractor, subcontractors,
suppliers and other persons and organizations proposed by the prime contractor(s) (herein call "Contractor(s)")
for those portions of the work as to which such acceptability is required by the Bidding Documents.
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4.4.4. Consult with OWNER concerning and determine the acceptability of substitute materials and
equipment proposed by Contractor(s) when substitution prior to the award of contracts is allowed by the Bidding
Documents.
4.4.5. Attend the Bid opening, prepare bid tabulation, evaluate bids, assess bidders' responsiveness and
responsibility and make award recommendation to OWNER.
4.4.6 Facilitate contract award, and the execution and distribution of the contract documents for construction,
materials, equipment and services. Furnish Owner two original signature sets of executed contract documents
(including design drawings, specifications and contracts). Furnish contractor with one set of original signature
executed contract documents and up to three sets of construction documents.
4.5 CONSTRUCTION PHASE
The responsibilities ofthe 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 ofthis Agreement and may be further provided under the General
Conditions of the contract documents. The extent and limitations ofthe 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 ofline, 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.
4.5.1.9 During construction review Contractors' construction schedules and evaluate conformance and
progress under the Contract time provisions.
4.5.1.1 0 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
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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 Eleven months after project substantial completion schedule and conduct with the Owner a
One 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 Proiect Representative. ENGINEER shall provide a qualified Resident Project Representative
at the job site to provide observation ofthe work as provided in EXHIBIT B - A LISTING OF THE DUTIES,
RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT
REPRESENT A TIVE., 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
ENGINEER shall furnish OWNER with (a) one mylar copy and two paper copies of the Project Record Drawings ("As'
BuiIts"), (b) written monthly progress reports, and (c) a project notebook containing such correspondence and
documentation as requested by OWNER.
4.7. CONSTRUCTION TESTING
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
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:
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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.
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 asa 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 U:\SIC SERVICES ANI> EXPENSES Of El!'ICINEER
13 .1.1 Pa~'m@Rt. The O\\T}IER shall fer dllsign Ilhas@ !:@rvices llerferm@Q as Basic EngiRll8riRg ~sr\'ic0s under
sections 4.1 through 4.4 eftAis agr88m@Rtpay a total sum in tAil amouRt ef $ for SUCR sllr/ices.
~.1.2 PavmeRt Schlldul@. Tetal cwm\llativll payments fer tRIl dllsign pRas@ @RgiRIl@ring sllrviclils (s@ctions 4.1
tAreugR 4.4) shall Ret IlXC@@Q tRIl fullowiRg clliIiRgS:
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$ (10 % ef gs&ign flil~) yntil t~@ Prll Glilsign Inv@!:tigatieR aRg Prllliminary DlilsigR R@flert
~a\'1l elllln syemittllQ to t~e Q'.~/}'IER.
$ (50% af gll&ign flile) YRtil t~@ Prllliminary Plans aRg ~flll~if.isatiens havlil I;1I!8I1 &ybmittsQ tg
t~e OWNER aRg rlilvi~w allt~gritilils. .
$ (9Q% ef glldgn fee) YRtil t~@ Final Plans ang ~pssif.isatieR& ~a\'lil Olil@R &ybmitt@g te thll
Q\l.I}.IER ana r@vililw aut~eritill&,
6.1 J GeR@ral. . ERgiReer &~all Imbmit meRthly statements fer s@rviclils nnGlilrllla. Th@ &tatsmllRts s~all Oil
ea&sd upon ERgiRllllr's estimatll Elf the flreperrien gf thli! total serviss& actllally complllted at t~@ time ef billing,
&llOjllCt te any IimitatieR& eR Paym@Rt& easlla on completieR efta&ks or &p@cific retaiRag@ re'l\,lirllmllnts p\,lrsyant
to the paYFRllnt pnwi&iElRs of t~e AgruFRllnt ~
9.l.4 RllimByr&abl0 EXPI!R&@S. ORly these eXf/@RSllE splilcifically illeRtiH@1l fer payment \,Indllr S~ctiOR 9.2 ef
this Agrll8miRt arllreiFRBllr&aolll. All at~ir gllsign rlllatllll @XP@R&@& ar0 inclllGlilG in the LllHlp ~YFR Paymllnt for
th@ Qa&is EIlrvic8s (4.1 threyg~ 4.4) and are Ret &@f/aratllly rlilimoyr&aBI@. :\ggitienal Serviclils spllcifically
identified yngllr thlil scafl@ ef dlilsign &ervisll& for paYFRlilRt yng@r 9.1 arll not slilparatilly reiHleyr&ablll.
6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER.
Design phase services performed as Basic Engineering Services under section 4.1 of this agreement, shall be compensated
in accordance with the following:
6.2.1 The OWNER shall pay for the Pre-design Investigation an amount not to exceed $26,785.00
except as provided under 6.2.1.2 and 6.2.4.
6.2. L1 Costs Compensation. Compensation for these services shall be based on the ENGINEER's
Direct Labor Cost times a factor of 3.00 for services rendered which shall cover Direct Labor, Direct
Labor Overhead, General & Administrative Overhead and Profit.
6.2.1.2 Notification. At any time that it becomes apparent that the Pre-design Investigation Services
rendered under this Agreement will exceed the negotiated compensation for these services, and prior to
performing services 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 OWNER, prior to any additional
costs being incurred under paragraph 6.2.1.3. If it is determined that due to a change in project scope
under paragraph 5.2.1, the ENGINEER is entitled to additional compensation, OWNER and
ENGINEER may negotiate terms as provided under 6.2.1.1. 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 9.16.
6.2.1.3 Costs Exceeding Estimated Compensation. Except as allowed under 5.2.1, when the total cost
of the original scope Pre-design Investigation Services exceeds the 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 an amount equal to the ENGINEER'S Direct Labor Costtimes a
factor of 2.61 for services rendered which shall include Direct Labor, the federally audited payroll
Direct Labor Overhead, and General & Administrative Overhead costs, but shall not include any
allowance for profit.
6.2.2. Reimbursable Expenses, as defined in section 7.4 of this Agreement, for Basic Services and Approved
Additional Services shall be paid to the ENGINEER by the OWNER in the actual amount of the costs incurred
up to an amount not to exceed $7 ,236.00 which includes $ 6,510.00 for consultants employed by the Engineer
and $ 726.00 for all other reimbursable expenses. The estimated reimbursable expenses are identified in Exhibit
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6.2.3. Failed Test Expenses. The ENGINEER shall maintain and provide to the OWNER, a record of the
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costs associated wjth failing quality control tests performed for the OWNER during the course of the
construction ofthe project and recommend an amount the OWNER deduct from the contractor(s) payments.
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.
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
Project Manager
Senior Engineer
Staff Engineer
Senior Technicians
CADD Drafter
Technicians
Construction Inspector
Two Person Survey Crew
Clerical
$ 39.201hour
$ 28.80/hour
$ 35.40/hour
$ 22.50/hour
$ 23.60/hour
$ 16.60/hour
$ 17. 70/hour
$ 20.80/hour
$ 45.80/hour
$ 11.1 O/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 compen:;ation 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
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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.
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. I 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 payrnent 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 commitrnents which had become firm prior to
the termination.
9.1.3 Upon receipt of a termination action under paragraph 9.1.1, the ENGI1'\EER shall (I) promptly
discontinue all affected work (unless the notice directs otherwise), and (1) deliver or otherwise make available to
the OWNER within ten (\0) 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.
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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
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 not discriminate on the basis of race, color, religion, creed, political ideas, sex, age, marital status,
national origin or disability in employment or provision of services. 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.
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. Ifany
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 are made necessary as a result of the initial non-performance or the re-performance of
services. The OWNER '5 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 comply with all Federal, State, and Local laws and ordinances applicable to the
work to be done.
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9.7.2 The ENGINEER agrees to indemnify, hold harmless, and defend the OWNER, its officers, directors,
agents, and employees from and against any suits, causes of action, claims, demands, damages, costs,
expenses, obligations, and liability of any character, including attorney's fees, arising out of or resulting
from or in connection with the ENGINEER's negligent performance of the services specified in this
agreement. In the event the OWNER is found proportionately responsible, the ENGINEER will be held
responsible only for those damages, costs, attorney's fees, and liabilities as are attributable to the
ENGINEER's percent offauIt as compared with 100% ofthe fault giving rise to the damages.
9.7.3. The ENGINEER agrees to indemnifY, hold harmless and defend the OWNER, its officers, directors,
agents, and employees from and against any suits, causes of action, claims, demands, damages, costs,
expenses, obligations, and liability of any character, including attorney's fees, arising out of or resulting
from or in connection with the ENGINEER's non-negligent performance of the services specified in
this agreement. In the event the OWNER is found proportionately responsible, the ENGINEER will be
held responsible only for those damages, costs, attorney's fees, and liabilities as are attributable to the
ENGINEER's percent of fault as compared with 100% of the fault giving rise to the damages.
9.7.4 In an appropriate case in which attorney's fees are awarded to the O\VNER following a wrongful
refusal of a tender of defense, said fees may include fees and salary paid by the OWNER to the City
Attorney or other in-house counsel.
9.7.5 The indemnity required herein shall not be limited by reason of the specification of any particular
insurance coverage in this agreement.
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:
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Type of Coverage
Limits
Employers' Liability:
$ 100,000 per accident
General Liability:
Bodily Iniury & Property
Damage Single and combined
$ 1 ,000,000 per accident
Automobile:
Bodily Iniury covering all
automobiles, trucks,
tractors, trailers, or
other automotive equip-
ment whether owned or
rented by Engineer or
owned by employees of
Engineer.
$ 500,000 each person
$1 ,000,000 each occurrence
Property Damage covering
all automobiles, trucks,
tractors, trailers or other
automotive equipment whether
owned or rented by Engineer
or owned by employees of
Engineer
$ 500,000 each occurrence
OR
Bodily Iniury & Property
Damall:e Single and combined
$ 500,000 each occurrence
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
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 ENGIKEER, 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.
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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 (I) 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 b,ecome a part of this Contract.
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In witness Whereof, the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN. MONTANA
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(City Manager)
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DATE: September 10, 2001
ATTEST:
BY:~.x L#~
(Clerk of Commission)
APPROVED AS TO FORM
BY:~~
(Ci gey)
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ENGINEER
By~3~ ~JLk
DATE ~~\i \1.. I -ZOO \
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EXHIBIT A
TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES
ENGINEER'S STATUS DURING CONSTRUCTION
This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on
, between CITY OF BOZEMAN (OWNER) and MORRISON~MAIERLE, INC.
(ENGINEER) providing for professional engineering services.
ARTICLE 10 - ENGINEER'S STATUS DURING CONSTRUCTION
10.1. OWNER'S REPRESENTATIVE
ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the
limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract
Documents and shall not be extended without written consent of OWNER and ENGINEER.
10.2. VISITS TO THE SITE
ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the
progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance
with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on-site
inspections to check the quality or quantity of the Work: ENGINEER's efforts will be directed toward providing for
OWNER's greater degree of confidence that the completed Work will conform to the Contract Documents. On the
basis of such visits and on-site observations as an experienced and qualified design professional, ENGINEER will
keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and
deficiencies in the Work.
10.3. PROJECT REPRESENTATION
If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER
in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such
Resident Project Representative and assistants will be as provided in EXHIBIT B, A LISTING OF THE DUTIES,
RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT
REPRESENTATIVE.
lOA. CLARIFICATIONS AND INTERPRETATIONS
ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements
of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which
shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If
CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or an
extension of the Contract Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR
may make a claim therefor as provided in the General Provisions of the construction Contract Document.
10.5. AUTHORIZED VARIATIONS IN WORK
ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which
do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of
the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER, and also
on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order
justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as
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to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in the General Conditions
of the Construction Contract.
10.6. REJECTING DEFECTIVE WORK
ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, and will
also have authority to require special inspection or testing of the Work as provided in the General Provisions of the
construction Contract Document whether or not the work is fabricated, installed, or completed.
10.7. SHOP DRAWINGS, CHANGE ORDERS AND PAYMENT
10.7.1. The ENGINEER's responsibility for Shop Drawings and samples shall comply with the shop drawing
provisions of the General Provisions of the construction Contract Document
10.7.2. The ENGINEER's responsibilities for Change Orders shall comply with the change order provisions of
the General Provisions of the construction Contract Document.
10.7.3. The ENGINEER's responsibilities for contractor's Application for Payment shall comply with the
payment provisions of the General Provjsions of the construction Contract Document.
10.8. DETERMINA TIONS FOR UNIT PRICES
ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by
CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on
such matters before rendering a written recommendation thereon (by recommendation of an Application for
Payment or otherwise) to OWNER.
10.9. DECISION ON DISPUTES
10.9.1. ENGINEERwiU-le the initial interpreter of the requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the
interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and
claims under The General Conditions of the Construction Contract in respect of changes in the Contract Price or Contract
Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this
paragraph, which ENGINEER will render in writing within a reasonable time. Written notice of each such claim, dispute
and other matter shall be promptly reported and copied to the OWNER.
10.9.2. When functioning as interpreter under paragraphs 10.8 and 10.9.1, ENGINEER will not show partiality to
OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith
in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 10.8 and 10.9.1 with respect to any
such claim, dispute or other matter will be a condition precedent to any exercise by OWNER or CONTRACTOR of such
rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any
such claim, dispute or other matter.
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10.10. LIMITATIONS ON ENGINEER'S RESPONSIBILITIES
10.10.1. Neither ENGINEER's authority to act under this Article or elsewhere in the Contract Documents nor any decision
made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or
responsibility of ENGINEER to CONTRACTOR, any Sub-contractor, any Supplier, or any other person or organization
performing any of the Work, or to any surety for any of them.
10.10.2, Whenever in the Contract Documents the terms "as ordered", "as directed", "as required". "as allowed", "as
approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable". "acceptable", "proper" or
"satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of
ENGINEER as to the Work, it is intended that such requirement, direction. review or judgment will be solely to evaluate the
Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of
any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of
paragraph 4.5.3.
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EXHIBIT B
TO AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES
A LISTING OF THE DUTIES, RESPONSIBILITIES AND
LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE.
This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on ,
between CITY OF BOZEMAN (OWNER) and MORRISON-MAIERLE, INC. (ENGINEER) providing for
professional engineering services.
ARTICLE 1l - DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE
RESIDENT PROJECT REPRESENTATIVE
ENGINEER shall furnish a Resident Project Representative (RPR), assistants and other field staff to assist
ENGINEER in observing performance of the work of Contractor.
Through more extensive on-site observations of the work in progress and field checks of materials and equipment by
the RPR and assistants, ENGINEER shall endeavor to provide further protection for OWNER against defects and
deficiencies in the work of CONTRACTOR; but, the furnishing of such services will not make ENGINEER
responsible for or give ENGINEER control over construction means, methods, techniques, sequences or procedures
or for safety precautions or programs, or responsibility for CONTRACTOR's failure to perform the Work in
accordance with the Contract Documents and in particular the specific limitations set forth in section 8.5 of the
Agreement are applicable.
The duties and responsibilities of the RPR are limited to those of ENGINEER in this agreement and in the
construction Contract Documents, and are further limited and described as follows:
1 I. I. GENERAL
RPR is ENGINEER's agent at the site, will act as directed by and under the supervision of ENGINEER, and
will confer with ENGINEER regarding RPR's actions. RPR's dealings in matters pertaining to the on-site work shall
in general be with ENGINEER and CONTRACTOR keeping OWNER advised as necessary. RPR's dealings with
subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. RPR shall
generally communicate with OWNER with the knowledge of and under the direction of ENGINEER.
11.2. DUTIES AND RESPONSIBILITIES OF RPR
11.2.1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of
values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability.
11.2.2. Conferences and Meetings: Attend meetings with CONTRACTOR, such as preconstruct ion
conferences, progress meetings, job conferences and the project-related meetings, and prepare and circulate
copies of minutes thereof.
11.2.3 .
Liaison:
11.2.3.1. Serve as ENGINEER's liaison with CONTRACTOR, working principally through
CONTRACTOR's superintendent and assist in understanding the intent of the Contract Documents; and
assist ENGINEER in serving as OWNER's liaison with CONTRACTOR.
11.2.3.2.Assist in obtaining from OWNER additional details or information, when required for proper
execution of the Work.
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11.2.4. Shop Drawings and Samples:
I 1.2.4.1.
Record date of receipt of Shop Drawings and samples.
11.2.4.2.
Receive samples which are furnished at the site by CONTRACTOR, and notify
ENGINEER of availability of samples for examination.
11.2.4.3 .
Advise ENGINEER and CONTRACTOR of the commencement of any Work
requiring Shop Drawing or sample if the submittal has not been approved by
ENGINEER.
11.2.5. Review of Work, Rejection of Defective Work, Inspections and Tests:
11.2.5.1.Conduct on-site observations of the Work in progress to assist ENGINEER In
determining if the Work is in general proceeding in accordance with the Contract Documents.
11.2.5.2. Report to ENGINEER whenever RPR believes that any Work is unsatisfactory, faulty or
defective or does not conform to the Contract Documents, or has been damaged, or does not meet
the requirements of any inspection, test or approval required to be made; and advise ENGINEER
of Work that RPR believes should be corrected or rejected or should be uncovered for observation,
or requires special testing, inspection or approval.
11.2.5.3. Verify that tests, equipment and systems startup and operating and maintenance training
are conducted in the presence of appropriate personnel, and the CONTRACTOR maintains
adequate records thereof; and observe, record and report to ENGINEER appropriate details
relative to the test procedures and startup.
11.2.5.4.Accompany visiting inspectors representing public or other agencies having jurisdiction
over the Project, record the results of these inspections and report to ENGINEER.
I 1.2.6. Interpretation of Contract Documents: Report to ENGINEER when clarifications and
interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and
interpretations as issued by ENGINEER.
11.2.7. Modifications: Consider and evaluate CONTRACTOR's suggestions for modifications in
Drawings or Specifications and report with RPR's recommendations to ENGINEER. Transmit to
CONTRACTOR decisions as issued by ENGINEER.
11.2.8. Records:
11.2.8.1. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop
Drawings and samples, reproductions of original Contract Documents including all Work
Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued
subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the
Contract Documents, progress reports, and other Project related documents.
11.2.8.2.Keep a detailed and accurate diary or log book, recording CONTRACTOR hours on the
job site, weather conditions, prime and subcontractor daily work force, daily log of equipment
onsite or on standby, data relative to questions of Work Directive Changes, Change Orders or
changed conditions, list of job site visitors, daily activities, decisions, observations in general, and
specific observations in more detail as in the case of observing test procedures; and send copies to
ENGINEER.
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11.2.8.3. Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors
and major suppliers of materials and equipment.
11.2.9. Reports:
11.2.9.1. Furnish ENGINEER periodic reports as required of progress of the Work and of
CONTRACTOR's compliance with the progress schedule and schedule of Shop Drawing and
sample submittals.
11.2.9.2.Consult with ENGINEER in advance of scheduled major tests, inspections or start of
important phases of the Work.
11.2.9.3.Draft proposed Change Orders and Work Directive Changes, obtaining backup material
from CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes,
and Field Orders.
11.2.9.4. Report immediately to ENG INEER and OWNER upon the occurrence of any accident.
11.2.10. Payment Requests: Review applications for payment with CONTRACTOR for compliance with
the established procedure for their submission and forward with recommendations to ENGINEER, noting
particularly the relationship of the payment requested to the schedule of values, Work completed and
materials and equipment delivered at the site but not incorporated in the Work.
11.2.11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that
certificates, maintenance and operation manuals and other data required to be assembled and furnished by
CONTRACTOR are applicable to the items actually installed and in accordance with the Contract
Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to
final payment for the Work.
11.2.12. Completion:
I 1.2.12.\. Submit to CONTRACTOR, and ENGINEER a list of observed items requiring
completion or correction before ENGINEER may issue a Certificate of Substantial Completion.
11.2.12.2 Assess completion or correction of items noted under 11.2.12.1, advise ENGINEER on
their status, and make recommendation to Engineer regarding issuance of a Certificate of
Substantial completion.
11.2.12.3. Conduct final inspection in the company of ENGINEER, OWNER, and
CONTRACTOR and prepare a final list of items to be completed or corrected.
11.2.12.4. Observe that all items on final list have been completed or corrected and make
recommendations to ENGINEER concerning final acceptance.
11.3. LIMIT A TIQNS OF AUTHORITY
Resident Project Representative:
11.3.1. Shall not authorize any deviation from the Contract Documents or substitution of materials or
equipments, unless authorized by ENGINEER.
11.3.2. Shall not exceed limitations of ENGINEER's authority as set forth in the Agreement or the
Contract Documents.
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11.3.3. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or
CONTRACTOR's superintendent.
11.3.4. Shall not advise on, issue directions relative to or assume control over any aspect of the means,
methods, techniques, sequences or procedures of construction unless such advice or directions are
specifically required by the Contract Documents.
11.3.5. Shall not advise on, issue directions regarding or assume control over safety precautions and
programs in connection with the Work.
11.3.6. Shall not accept Shop Drawing or sample submittals from anyone other than CONTRACTOR.
I 1.3.7. Shall not authorize OWNER to occupy the Project in whole or in part.
11.3.8. Shall not participate in specialized field or laboratory tests or inspections conducted by others
except as specifically authorized by ENGINEER.
E: IDocuments\Legal FormslProfess. Sen:. Agr. frm. upd
3/20/0 I
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Exhibit C: Engineering Fee Estimate
City of Bozeman Durston Road SID Formation
STAFF HOUR ESTIMATE
TOTAL PROJECT LAND CADD GPS ENGR
TASK HOURS PRINCIPAL MANAGER ENGINEER SURVEYOR DRAFTER TECH TECH CLERICAL
Task 1-Coordinate with County Officials
Project Direction/Kickoff Meeting 4 2 2
Meet with County Road Office 3 3
Meet with County Attorney 4 2 2
Meet with County Commissioners 7 3
Ta$~ 2'S10 Bou"dary a"d Infonnatio"
Coordinate final boundary with City
Finalize Exhibit Map
Prepare legal description 16
Dat~'~~Hi~i!!9n fro
Coordinate with Ame
Fill in data gaps
Task J-Prcliminary Investigations
Right-at-wayanalysis 36 8 16 4
Waivers of right to protest evaluation 4 8
UWk)j:piI>.Desl!jn(l!ngl'/iileri"9
Identify 2 alternative sections 16
Utilities impact investigation 8
Coordinate with NTLf?rg 4
OistMct cost estimate a
Task 5-District Formation
Finalize spreadsheets 16 4 12
Presentation to City Commission for Res. of Intent 8 2 2 4
Presentation for Public Hearing 20 8 4 8
SUBTOTAL OF STAFF HOURS RCOUIRED 333 2 67 73 20 48 B 76 89
HOURLY DIRECT LABOR. PAYROLL & OVERHEAD COST $11800 $86 00 $68.00 $68.00 $50.00 $64.00 $53 00 $33.00
LABOR COST BY POSITION $236 $5,762 $4,964 $1,360 $2,400 $512 $1,378 $2,937
TOTAL DIRECT COST OF LABOR, OVERHEAD. PROFIT: $19.549
NUMBER UNIT TOTAL
REIMBURSABLE EXPENSES DESCRIPTION UNITS UNITS COST COST ASSUMPTIONS
Subsistence Per Diem days $23.00
Automobile Transportation
Mileage miles 50 $032 $16.00
Time hours $4.00
Subcontracted Services; Property Research Is 1 $2010.00 $2,010.00 American Land Title; 5 min per parcel
Subcontracted Services. Geotechnical Is 1 $4,500.00 $4,500.00 NTL (pre-deSign phase)
General Printing sheets 250 $0.10 $25 00
plan Printing sheets 15 $0.60 $900
Technical Support hours 333 $2.00 $666.00
Postage/F reight each 1 $10.00 $10.00
Miscellaneous Is
TOTAL DIRECT EXPENSES $7,236.00
LABOR COST
COST DESCRIPTION EXPENSE CEILING
Direct Labor $19.549 $19,549
Direct Expenses $7.236 $7 236
TOTAL: $26,785
MML No. 417.035
If'
AMENDMENT NO.1 TO
PROFESSIONAL SERVICES AGREEMENT
FOR
DURSTON ROAD IMPROVEMENTS
THIS IS AN AGREEMENT made as of October 18 ,2004, between
THE CITY OF BOZEMAN, a Municipal Corporation, P.O. Box 1230, Bozeman, Montana,
59771-1230 (OWNER) and Morrison-Maierle, Inc., P.O. Box 1113, Bozeman, Montana, 59771-
1113 (ENGINEER).
WHEREAS the parties previously entered into a Professional Services Agreement dated
September 10, 2001, herein refened to as the Original Ab'Teement, for professional engineering
services to provide a Pre-design Report, and assist the City with Special .Improvement District
Formation relating to widening West Durston Road between N. 19th Avenue and Fowler Avenue;
and
WHEREAS, the parties desire to amend provisions of the Original Agreement to include
preliminary design, final design, and bidding and negotiating engineering services for the West
Durston Road improvements; and
WHEREAS, the parties desire to amend provisions of the Original Agreement to increase the
scope of work and maximum allowable amount of payment to Engineer for services and expenses.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, the parties agree as follows:
Article 1 - Eneineerine Services
1.1 The detailed description of specific project components is amended as follows:
Task 1A
Conduct Public Meeting
Prepare for and facilitate a general puhlic meeting for all affected property owners, City and
County, prior to County Commission consideration of a joint resolution to include County
properties within the Special Improvement District.
Task 6
Preliminary Design Phase
Based on the approved Durston Road SID Pre-design Report, provide preliminary design
phase services as described in this agreement. Assist the Owner in obtaining right-of-way for
the remaining seven parcels along the project corridor by initiating correspondence with the
property owners and making initial offers to purchase the necessary right-of-way easements.
2
Correspondence will include up to two offers to each of the seven property owners. If a
purchase agreement is not reached after the second offer, the original right-of-way documents
will be forwarded to City Staff for condemnation proceedings. Preliminary correspondence
will be initiated with individual property owners along the corridor to discuss impacts the
road project will have on each individual property and plans to mitigate the impacts.
Correspondence with private utility companies (Northwestern Energy, Qwest, and Bresnan
Communications) will continue and expand on that established during the pre-design phase
ofthe project. Additional survey work on affected private properties and utilities will be
completed as necessary. Preliminary plans and specifications will be prepared for the road,
water, sewer, and drainage improvements, traffic design for signing and striping, private
property mitigation, and construction traffic control. Preliminary plans will be submitted for
review and comment to the City of Bozeman and MDEQ. Construction permit applications
will be submitted for the MPDES Storn1 Water Discharge Permit, 310 permits for culvert
crossings, and groundwater discharge associated with construction activity.
Task 7
Final Design Phase
Based on approved preliminary design documents and after written authorization to proceed,
provide final design phase services as described in this agreement. Correspondence with
individual property owners will continue in an effort to effectively mitigate impacts of the
new roadway to these residences. Correspondence with private utility companies will
continue in preparation for the construction phase. Plans and specifications will be finalized
and bid packages will be prepared.
Task 8
Bidding or Negotiating Phase
Based on approved final design documents and upon written authorization by the Owner to
proceed, provide bidding and negotiating phase services as described in this agreement.
Work wi]] entail assisting the City of Bozeman with advertising the project for public bid and
will include addressing questions that surface during the bidding process and preparing
addenda to the bid package as necessary to clari fy these questions, attending the bid opening,
tabulating the bids, and making a recommendation to the City of Bozeman [or awarding the
construction contract. Also included in this phase is the preparation and delivery of the
construction contracts to the apparent low bidder and review ofthe executed contracts, bonds
and insurance documents.
ARTICLE 3 - OWNER'S RESPONSIBILITIES
Section 3.1 o[the Original Agreement is amended as follows:
3.1 The OWNER shall name a Task Director who shall be the liaison between the ENGINEER
and the OWNER during the DESIGN segment of the Project. The Task Director designated shall be
Sue Stodola, P.E.
..,
:)
ARTICLE 4 - BASIC ENGINEERING SERVICES
Section 4.2 and 4.3 of the Original Agreement is amended to include the following:
4.2 PRELIMINARY DESIGN PHASE
The Preliminary Design Phase will be completed and submitted within 150 calendar days following
written authorization from OWNER to ENGINEER to proceed with that phase of services.
4.3 FINAL DESIGN PHASE
The Final Design Phase will be completed and submitted within 60 calendar days following written
authorization from OWNER to ENGINEER to proceed with that phase of services.
ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE -
6.1 LUMP SUM PAYMENT FOR DESIGN SERVICES AND EXPENSES OF
ENGINEER
Sections 6.1.1, 6.1.2 and 6.1.4 of the Original Agreement are amended to include the following:
6.1.1.1 Payment. The OWNER shall for design phase services performed as Basic
Engineering Services under sections 4.2 through 4.4 ofthis agreement pay a total sum in the
amount of $226,070 for such services.
6.1.2.1 Payment Schedule. Total cumulative payments for the design phase engineering
services (sections 4.2 through 4.4) shall not exceed the following ceilings:
$158,200 (70% of design fee) until the Preliminary Plans and Specifications have been
submitted to the OWNER and review authorities.
$210,200 (93% of design fee) until the Final Plans and Specifications have been submitted to
the OWNER and review authorities.
$221,500 (98% of design fee) until the Engineer provides a recommendation to the City of
Bozeman regarding the award of the Construction Contract.
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 oftasks 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 ofthis Agreement are reimbursable. All other design related expenses are
4
included in the Lump Sum Payment for the Basic services (4.2 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.
Section 6.2.1 of the Original Agreement is amended as follows:
6.2.1 The OWNER shall pay for the Pre-design Investigation an amount not to exceed
$48,185.00 except as provided under 6.2.1.2 and 6.2.4.
ARTICLE 7 -MEANING OF TERMS
7.3 Direct Labor Cost
Section 7.3 of the Original Agreement is amended as follows:
For the pU1110ses of this Agreement the principals and employees or the ENGINEER maximum
billable Direct Labor Costs arc:
Principal
Project Manager
Senior Engineer
Proj ect Engineer
Staff Engineer
Senior Technician
CADD Drafter
Technician
Constmction Inspector
Two Person Survey Crew
Clerical
$ 46.20/hour
$ 34.30/hour
$ 34.301hour
$ 25.00/hour
$ 22.67/hour
$ 19.00lhour
$ 17.67/hour
$ 17.67/hoLlr
$ 25.00/hour
$ 45.80/hour
$ 15. OO/hour
Except as specifically amended herein, the Original Agreement shall remain in full force and effect
and the parties shall be bound by all ternlS and conditions therein.
..
;
...."
In witness whereof, the Parties hereto do make and execute this Agreement.
~, '-..
CITY OF BOZEMAN, MONT ANA
MORRISON-MAIERLE,INC.
By~A.~
(City Manager)
DATE: October 18. 2004
J (
BY: '"
c-~c'--:1
DATE: ,() I
::T~J ~
(Clerk of Commission)
II:\0417\035\docs\PSA Amendment #l.l.doc
5
/ ./
I( / ( . _
\':--- ..... / ( .... .
(Vice-President) ,
_:~:~ c \--:" '-5/( ( 'S/
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AMENDMENT NO.2 TO
PROFESSIONAL SERVICES AGREEMENT
FOR
DURSTON ROAD IMPROVEMENTS
MMl. No. 417.035.02
THIS IS AN AGREEMENT made as of Apri 1 18 ,2005, between
THE CITY OF BOZEMAN, a Municipal Corporation, P.O. Box 1230, Bozeman, Montana,
59771-1230 (OWNER) and Morrison-Maierle, Inc., P.O. Box 1113, Bozeman, Montana, 59771-
1113 (ENGINEER).
WHEREAS the parties previously entered into a Professional Services Agreement dated
September 10, 2001, herein referred to as the Original Agreement, for professional engineering
services to provide a Pre-design Report, and assist the City with Special hnprovement District
Formation relating to widening West Durston Road between N. 19th Avenue and Fowler Avenue;
and
WHEREAS, the parties amended the provisions of the Original Agreement with Amendment
No.1, dated October 18,2004, to include preliminary design, final design, and bidding or negotiating
enginccring services for the West Durston Road improvements; and
WHEREAS, the parties desire to again amend provisions of the Original Agreement to
include an evaluation ofthe levels of service on the Durston Road corridor between N. 19th Avenue
and Cottonwood Road prior to completion of the proposed improvements.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONT AINED HEREIN, the parties agree as follows:
Article 1 - En2ineerin2 Services
1.1 The detailed description of specific project components is amended as follows:
Task 9
Corridor Evaluation
Collect detailed information on existing traffic conditions and evaluate the current and near-
term future levels of service on a roughly two-mile long segment of Durst on, west ofN. 19th
Avenue, in its current configuration as a two-lane roadway. Establish service volumes
corresponding to various levels of service, and identify the conditions used to derive same.
Correlate said service volumes to residential dwelling units in the area.
Prepare a short narrative report to further explain the data, methodologies, and assumptions
used, and the results.
......." 't-.
~ ~' ..
ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE
Section 6.2.4 of the Original Agreement is amended as follows:
6.2.4 The OWNER shall pay a lump sum amount of $13,500.00 for Task 9 Corridor
Evaluation as an Additional Service rendered by thc ENGINEER.
Except as specifically amended herein, the Original Agreement shall remain in full force and effect
and the parties shall be bound by all terms and conditions therein.
In witness whereof, the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN, MONT ANA
MORRISON-MAIERLE, INC.
By~A-.~'
(City Manager)
DATE: '1-115 - <:) 1
BY:
/ .I \
/. {... .
( .
(Vic~-Presidcnt)
DATE: ~/({./ ';(('('.;')
ATTEST:
BY: fl~J~~
(Clerk of Commission)
II:\0417\035\docs\PSA Amendment #2.doc
2
~"
I'
CHANGE ORDER
No. ONE (1)
-.......---.....-------...---.".-....-. -.--' "'...--""...---- --..-'-- .---
.."'_.__ ._.. .__..___ ....__n.."_.'.'.'___. ---..,.".- .-.--."'.--'" ---. -- ..-
DATE OF ISSU t\NCE AU2"ust 22. 2006
Owner Citv of Bozeman, MT
Contract: Durston Road Improvements, City of Bozeman
ProJect Schedules 1. 2, 3, 4, & 5
ENGINEER Morrison-Maierle, Inc.
EFFECTIVE DATE I v / J-Ib
CONTRACTOR Johns(jn-Wilson Constructors
OWNER's Contract No.
ENGINEER's Contract No. 0417.035.04
- ..,..----.. -- . --.... .--- ,.---.,--..---- .---- ...--. -".-..---. "'.-.---..... ._,..
V ouare dIrected to make the following changes in the Contract Documents - ----
Description: See Attached Change Order No 1 Sununary
Reason for Change Order: See Attached Change Order No 1 Summary
Attachments: (1 "1st documents supportmg change l
1 Change Order No 1 SUllll11ary
I CHANGE IN CONTRACT PRICE' I
Ongmal Contract Pncc
$ -- 4.31U.cl6o 69 I
Net Increase/Decrease from prevIOus Change
Orders.
S; -0.7
Contract Pnce pnor to thiS Change Order' I
$ ~.3l 0..o.y8.69
Net decrease of this Change Order'
S 30.35285
Contract Pnce wIth all approved Change Orders
$ 4,2]9,715.84
I CHANGF TN CONTRACT TIMES \\
I Cmgmal Contract TImes
Suhstantlal CompletIOn 210
-,~ . ..
I Ready for final payment '40
I '"
(days)
I Net change from prevIOus Change Orders
Substantml Compkuon. _~__~--,-- I
I Ready for final payment. Q- I
(daysl
-
Contract TImes pnor to thiS Change Order'
Substantml CompletIOn. 210
Ready for final payment. 240
(days)
Net mcrease (decrease) thiS Change Order:
Substantlal CompletIOn 0 I
Ready for ftnal payment. 0
(days) I
, I
Contract Times wlth all approved Change Orders
Substantlal Compleuon. 210
Ready for final payment. 240
(days)
Contractor cemfies and agrees that there are no addItIOnal costs or claims for extra wort, addItIOnal tune. delays or
omItted Items, of any nature whatsoever, assocIated WIth the sublect change order Items, except as IdentIfied and set
forth nerem and unlest:. expressly stated otherwIse 111 the Change Order And further. that the pnce agreed-upon herem
represents the full cost and value for the subJect work performed and the matenals supplied unGer the terms of the
co and ~ work quantItIes and value were properly determmed and are correct.
CfIz.o/dG
, CTOR uthonzed SIgnature) Date
RECOMMENDED BY'
A G N 'ER, Slgnaturel
EJCDC 191O-8-B (1996 EdItion)
Prepared by thc Engineers Jomt Contract Documents Commlltee and endorsed hy The ASSOCIated Clcncral Contracturs of AmerIca and the
Constructwn SpeCIfications Institute.
9- cJ.O -0(0
Date
~~'
OWNER (Authonzed SIgnature)
{ 0 /; ~.
Dat~ I
HI04171030".-041C>ocumentsIChange Orders c. WCDIChangE Oraer #1 Docs &. Trans.oo~
,
DEDUCTS
Geotexti Ie Fa b ric S ubstitulion Heavy Woven fabri c wa s proposed and accepted
Delete Bid Item #102A as an eq ua I aRe mate to the bid nonwoven la bric Bid I tern 1 02A Delete $ (104,?8000)
~~ ----~~~
Bid Item 102 - Substitute Propex Geotex 4x4 @ with underlaying geogrid lor a substantial cost Bid Item 102 Unit price
$3.00/sy ($1.50/sy unit price increase lor sav i ngs, i ncrea se $ 47.400.00
31,600 sy) 0.0 Item Total $ 56,880.00
2 Schedule 1 Ourston Rd. Blvd and Harvest Creek SuM. The Harvest Creek SuM. Homeowners AssGn.
Homeowners Asscn. Landscaping Irrigation system Irrigation System in the Ourston Rd right-ol-way
replacement. was destroyed wrth the new street improve ments. 0.0 Item Total $ 15,330 ,00
3 Sched u Ie 1 Install owner-provided School Zone Variable Speed After bi d 0 pen i ng the Owner seeu red va riabie
Zone Sign equipment and delete Bid Item 126A - N. s peed zone eq u ipm e nt th rou g h MDT and elected
25th Crosswalk Advanced Warning Flasher. to have the eq u i pme nt i nsta lied by the Contractor Bid Item 126A ded uct ,$ ,g3,50000)
in lieu 01 the bid item 126-A -Crosswalk SPeed Zone Equip Install
Advanced Warning Flasher. 0.0 Item Total $ (8,098.41 )
4 Schedule 5 Additional Work & Materials: P roj eet change sneed ed to add ress existi ng
. Water main pipe insulation. conditions. $ 2,235.00
. Add 1" water sa rv ice sad die. $ 202.88
. I rrigati on system pi pe sleeves across New
Halla nd, Spring brook, & Hunte rs Way. $ 1.208.97
. Wirtz Pro perty (5540 W. 0 urston) new sewer
manhole pipe co uple rs and co n nection. $ 734.10
. Hunters Way SS manhole modified barrel. $ 391.00
. Kreitzbe rg Busines s Signs. $ 234.69
. N. 25th & Mende nhall tem porary stop s ig ns $ 432.89
. Additional Tree Removal - Smith Property $ 10.202.34
0.0 Item Total $ 15,641.89
5 Sched u Ie 1 Lum inaire Poles deduct 0
. Galvanized finish $1400 deduct Pole finis h revised to match new po les bei ng
insta lied on Ourston on east sid e 01 N. 19th $ (1.400.00)
. Pole Nos. 17, 19 & 28 red uced to 25' tall Reduce heigth need for NWE power line. Pole Oed uct (3 $ 450.00)
$ (1.850.00)
6 Sched u Ie 2 Ad d Storz Nozzles to the 3 new Fi re hyd rants (Cost Owner requested addition to match new City 0.0
addition = 3@$286.69 ea) standard fi re hydrant nozzles Item Total $ 860.67
7 Sched u Ie 5 Bid Item 510 - Miscellaneous Work Item Reconci Iiati on 01 Bid Ite m into thE- Co ntract 0,0
. Provid e and in sta II two Pro j eel Signs. Lump Sum $ 1,00000
. Install 24" x 18" Eccentric Reducer. Lump Sum $ 865.00
. In sta II 12" H yd rant Extension Lump Sum $ 278.00
. Delete sewer manhole at Western Drive. Lump Sum $ 2.500 00
Item Total $ 4,643.00
ITEMS SUBTOTAL 0 $ 89,277.15 $ (119,630.00)
CHANGE ORDER ITEMS TOTAL 0 $ (30,352.85
Bonding (.955%) $
GRT(l%) $
TOTAL CONTRACT CHANGE $ (30,352.85)
. Note: Cost includes allowable Overhead and Profit
H:I0417\035-04\DocumentsIChange Orders & WCDlChange Order #1 Summary. xis
AMENDMENT NO.3 TO
PROFESSIONAL SERVICES AGREEMENT
FOR
DURSTON ROAD STREET IMPROVEMENTS
MMI. No. 417.035.04
THIS IS AN AGREEMENT made as of February 27. 2006 ,2006, between
THE CITY OF BOZEMAN, a Municipal Corporation, P.O. Box 1230, Bozeman, Montana,
59771-1230 (OWNER) and Morrison-Maierle, Inc., P.O. Box 1113, Bozeman, Montana, 59771-
1113 (ENGINEER).
WHEREAS the parties previously entered into a Professional Services Agreement dated
September 10, 2001, herein referred to as the Original Agreement, for professional engineering
services to provide a Pre-design Report, and assist the City with Special Improvement District
Formation relating to widening West Durston Road between N. 19th Avenue and Fowler Avenue;
and
WHEREAS, the parties amended the provisions ofthe Original Agreement with Amendment
No.1, dated October 18,2004, to include preliminary design, final design, and bidding or negotiating
engineering services for the West Durston Road improvements; and
WHEREAS, the parties amended the provisions ofthe Original Agreement with Amendment
No.2, dated April 18, 2005, to include an evaluation ofthe levels of service on the Durston Road
corridor between N. 19th Avenue and Cottonwood Road prior to completion of the proposed
improvements; and
WHEREAS, the Original Agreement included the scope ofwork for construction engineering
services for the Durston Road improvements; and
WHEREAS, the parties desire to amend the Original Agreement to establish the provisions
for payment to the Engineer for services and expenses for construction engineering services for the
Durston Road improvements.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, the parties agree as follows:
ARTICLE 1 - ENGINEERING SERVICES
The Section 1.1 detailed description of specific project components is amended as follows:
1
Task 10
Construction Engineering
Based on approved Final Design Documents and upon written authorization by the Owner to
proceed, provide construction phase services as described in this agreement. Work will entail:
. Pre-Construction Conference - Conduct a pre-construction conference with the
contractor and city staff.
. Construction Administration and Observation - Provide full time construction
observation services during the course ofthe project. Review project pay requests and
provide recommendations regarding change orders and potential claims.
. Construction Staking - Provide grade and alignments stakes for the contractor to
construct the project.
. Project Review and Closeout - Provide project summary and closeout report to the
City.
. Record Drawings and Certification - Provide record drawings and certification to the
City and DEQ.
. One Year Warranty Inspection - Conduct warranty inspection with the City and
contractor and prepare a warranty inspection report.
. Construction Testing - Provide construction quality control testing in accordance with
the City of Bozeman Design Standards and Specifications Policy.
. Private Utility Coordination - Coordinate with private utility companies (Northwestern
Energy, Bresnan and Qwest) for relocation of existing utilities.
. Private Property Owner Coordination .,., Continue correspondence with individual
property owners to effectively mitigate impacts of the new roadway to properties along
the project corridor.
ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE
Article 6 of the Original Agreement is amended to include the following:
6.3 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF
ENGINEER.
Construction, project documentation and construction testing services performed as Basic
Engineering Services under sections 4.5 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:
6.3.1 The OWNER shall pay for Construction Phase, Project Documentation and
Construction Testing Services an amount not to exceed $336,200.00 except as provided under
6.3.1.2 and 6.3.4.
6.3.1.1 Costs Compensation. Compensation for these services shall be based on the
ENGINEER's Direct Labor Cost times a factor of 3.00 for services rendered which shall
cover Direct Labor, Direct Labor Overhead, General & Administrative Overhead and Profit,
plus reimbursable expenses as provided in 6.3.2.
2
6.3.1.2 Notification. At any time during the construction that it becomes apparent that the
Construction Phase, Project Documentation and Construction Testing Services rendered
under this Agreement will exceed the negotiated compensation for these services, and prior to
performing services in excess of the contract ceiling, the ENGINEER shall give OWNER
written notice thereof. Promptly thereafter OWNER and ENGINEER shall review the scope
and progress of the project work. ENGINEER shall obtain written authorization from
OWNER, prior to any additional costs being incurred under paragraph 6.3.1.3. If it is
determined that due to a change in project scope under paragraph 5.2.1, the ENGINEER is
entitled to additional compensation, OWNER and ENGINEER may negotiate terms as
provided under 6.3.1.1. The amount and terms of any additional compensation under 6.3.1.1
or 6.3.1.3 shall be negotiated and agreed in writing pursuant to 9.16.
6.3.1.3 Costs Exceeding Estimated Compensation. Except as allowed under 5.2.1, when the
total cost of the original scope Construction Phase, Project Documentation and Construction
Testing Services exceeds the negotiated compensation for these services, the OWNER shall
pay only for the direct costs incurred in excess of the estimated compensation. Thesc costs
consist of an amount equal to the ENGINEER'S Direct Labor Cost times a factor of 2.6087
for services rendered which shall include Direct Labor, the federally audited payroll Direct
Labor Overhead, and General & Administrative Overhead costs, but shall not include any
allowance for profit.
6.3.2. Reimbursable Expenses, as defIned in section 7.4 of this Agreement, for Basic
Services and Approved Additional Services shall be paid to the ENGINEER by the OWNER
in the actual amount of the costs incurred up to an amount not to exceed $41,952.00. The
estimated reimbursable expenses are identified in Exhibit "C-3".
6.3.3. Failed Test Expenses. The ENGINEER shall maintain and provide to the OWNER, a
record of the costs associated with failing quality control tests performed for the OWNER
during the course ofthe construction of the project and recommend an amount the OWNER
deduct from the contractor(s) payments.
6.3.4 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 7.3 - MEANING OF TERMS
Article 7.3 of the original agreement is replaced as follows:
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:
3
Principals
Supervising Engineer II
Supervising Engineer I
Senior Engineer II
Senior Engineer I
Design Engineer II
Sr. Environmental Professional
Design Engineer I
On site Resident Representative
Staff Engineer
Engineering Technician I
Environmental Professional II
Administrative Coordinator
CADD Drafter
Technicians
Two on Survey Crew
Clerical
$ 51. 71 /hour
$ 42.80 /hour
$ 38.52 /hour
$ 35.31/hour
$ 32.10 /hour
$ 29.96/hour
$ 28.89/hour
$ 26.03 /hour
$ 26.04/hour
$ 23.54/hour
$ 22.47 /hour
$ 21.40 /hour
$ 20.00 /hour
$ 21.40 /hour
$ 12.48 /hour
$ 37.45/hour
$ l5.34/hour
Except as specifically amended herein, the Original Agreement shall remain in full force and effect
and the parties shall be bound by all terms and conditions therein.
In witness whereof, the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN, MONTANA
By:~A /~
(City Manager)
DATE: February 27. 2006
ATTEST:
BY: ~./ A::~
(City Clerk)
BY:
ORRISO~AI7J:' L--
(Vice-President)
~\ ~~~ ~bOCo
DATE:
J I :104 J 71035-03ldocslContraetslPSA IAmendment #3.doe
4
EXHIBIT C-3
Engineering Fee Estimate
Construction Phase
Ourston Road Improvements
City of Bozeman
TASK
mlilkl~111!lliIlOl:I ,...._llUlUtl:IUI:"llUhh
Project Adrnillis,tration
M~~,~,i,r:'g",~, q,qordioation y.ilt,h.. ~ity,~ ,~~.~I.i.c::
Monthly FlepoclS
,i=>roperty M,i,~i9.~.t.12,':l ,q,oordination
Web Site & F"ublic Coordination
SID Coordination
r:~,lvate "Ut;i'iti'~'~ ,Cggr~,i,Q~~I,()n 8t Meetings
'.,.lhti.lhlllUllhIIIIIIUIIII1I1II:i.lhlU::.
160
60
48
56
148
16
40
k2 .C III On
PreconstrlJ.ction Conference
Shop Dra~.i~,9"",~~l/iew """,,,,,,,,,,,,,,,,,,,.,,,.,,,,.,,,...
W~~,IY,~,eelin9S & Coordi,rJ,~,til?,r:',,~L9l?~~~,?',~~9:~
F"ay Estimates
G,~,Il,E:lral CorreSP9~9~'::l(:;,l:l"""." .".
1111erprelatlons "<:.t,Il,(:j,,,q,~,~r::'g,~, Orders
Periodic Site Visits
Substantial Completion & Punchlist In'spe:cti'(;"ns
Final, C,().r:llpl,~tion ln5peClio,~",~",g,~r::t,I,~.l::,i:I~,i9'::l
~Jev~n ,Month In~pec~i9'::\"~~~,,R,~,P9,r::t
h
pr<:)j~l::,t Obeservation
StakinglLayout
Construction ,! ~S,ting
Wetlands Permit.s/mitigation
PMIO Di~.rY
.::<iI<H!iilllUii.lillillill:lillllilillll<I'::::':'
100
14
40
33
i_llli'I>t<iIo<;\CliliHBllliiiiil<iiill<l+<t,:..
Record Orawings
Shop Drawing. Dia'Y, Payrolls, &. Othe.' Records...............
F'.~oject Close()l!LQ.q,(;~,!",GI::!~ti,ficatlons & ,Fit1~I" ~,i:I.Y.rn,~,Il,t,
Warranty, $~,ry,j(:~~
STAFF HOUR ESTIMATE
TOTAL
HOURS
S~NIOR D~SIGN ONSIT~ ENGNRNG ~NVIRNMNTL CADD
~NGIN~~R I ENGINEER II REP T~CHNICIAN PROFSNL II DRAFTER
TECH ADMIN ADMIN
(INTERN) COORDNATOR CLERICAL
GPS
SURVEY
:x::II:IH!illillli.lH!<H!iliIillill<lilUillllliiiiliiilllliiilliliiiiiiilliiiiilillhhillhl:ill'
80
60
32
80
20
40
8
8
24
24
24
4
16
20
140
75
56
40
60
70
40 20
16
20
.1..950
580
120 40
64 16
56 ..8
8
12
'III '.
..1450
60
80
32
24
320
500
200
16
....:::.,::I'I:IH!IIIiiIIIII<IIIIIIIIIIII<IIIIIIIIIIIIIIH!H!hh<:<hhhl+l<i:'lil'l' i.." i:" ,. ':..,
8 40
40
12
4
16
SUBTOTAL OF STAFF HOURS REQUIRED 4126 840 154 1606 80 32 60 336 724 40 254
DIRECT HOURLY RATE. Boz $32.10 $2.9.96 $26.04 $22.47 $21,40 $21.40 $21.40 $12.48 $20.00 $15,34
HOURLY LABOR COST. Boz $96.30 $89.88 $78.11 $67.41 $6420 $64 .20 $64.20 $37.45 $60.00 $46.01
LABOR COST BY POSITION 80.892,00 $13.841.52 $125.444.66 $ 5,392,80 2,054,40 $ 3.852,00 $ 21 ,571 ,20 27.113,80 2.400,00 11,686,54
TOTAL COST OF LABOR: $294,249
D~SCRIPTION
Subsistence Per Diem
~utq,':!:l()bile T ranspona,t.i,<:)ri
Mile~,~
Nuclear Densomeler
Subcontracted Services: A-Core
GPS
q~ne!ral Printing
Plan, P~inti,ng (Blue Line)
g(),I!1,f!llJrli,c::,~tions and T ech,rl,i~~I...~,~p'pgr::L
Postage/Freight
Miscellaneous
TOTAL DIRECT EXPENSES
SUMMRlllllmM:..::'.
..:lillHilU..HlliitiIIIHH"""i:'....
TABLE l DESCRIPTION
Direct Labor
Direct Expenses
CONSTRUCTION PHASE SUBTOTAL
UNITS
ASSUMPTIONS
UNITS
days
$2300
$0,65
$35.00
$300.00
$40000
$eliO.....
$0,10
$300
$324.00
$2,200,00
$0.00
$0.00
$4,550,00
. $3,150.00
$1,200.00
$17,800,00
$22000
$330.00
$12,37800
$324.00
$2,200,00
$41.952.00
7,000
90
4
44..
2,200
3,300
4,126
1
1
.'.'HHH!lllliiiHiiiiilillillll :l+lt.::..'
l.ABOR LABOR
EXPENS~ FACTOR
HIIII+:I:U'"""IIIII+H!I+::I'H!HIHHHiIIHIIRiI<iiilliiiiliiiiiiillil<ti.llltlmll::ImImIH;III:lmiiiiiiilliiiiiiiliiiimliilllillJImIIIIIIIIIIIIIiiIIIIIHlhHlllliilllli.lIHh8lliillllllllmllllllmlmi:::IIIIIH!iliiilil
COST
CEILING
EXPENSE
FACTOR
$294,249
$41,952
1,00
$294,249
$41,952
1.00
$336.201
H:I0417\035-03Idoc.ICont'aclSIPSAV
AMENDMENT NO.4 TO
PROFESSIONAL SERVICES AGREEMENT
FOR
DURSTON ROAD IMPROVEMENTS
MMI. No. 417.035
THIS IS AN AGREEMENT made as of --I...J'bJ U>>~ ,2006, between
THE CITY OF BOZEMAN, a Municipal Corporation, P.O. Box 1230, Bozeman, Montana,
59771-1230 (OWNER) and Morrison-Maierle, Inc., P.O. Box 1113, Bozeman, Montana, 59771-
1113 (ENGINEER).
WHEREAS the parties previously entered into a Professional Services Agreement dated
September 10, 2001, herein referred to as the Original Agreement, for professional engineering
services to provide a Pre-design Report, and assist the City with Special Improvement District
Formation relating to widening West Durston Road between N. 19th Avenue and Fowler Avenue;
and
WHEREAS, the parties amended the provisions of the Original Agreement with Amendment
No. I, dated October 18, 2004, to include preliminary design, final design, and bidding or negotiating
engineering services for the West Durston Road improvements; and
WHEREAS, the parties amended the provisions of the Original Agreement with Amendment
No.2, dated April 18, 2005, to include an evaluation of the levels of service on the Durston Road
corridor between N. 19th Avenue and Cottonwood Road prior to completion of the proposed
improvements; and
WHEREAS, the parties amended the provisions of the Original Agreement with Amendment
No.3, dated February 27,2006, to establish the provisions for payment to the Engineer for services
and expenses for construction engineering services for the West Durston Road improvements; and
WHEREAS, the parties desire to again amend provisions of the Original Agreement to
include payment to the Engineer for additional services and expenses for a change in design scope by
eliminating the concrete median and modifying the design of the intersection of Durst on Road and N.
19th Avenue for the West Durston Road improvements.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, the parties agree as follows:
Article 1 - Entzineerine: Services
1.1 The detailed description of specific project components is amended as follows:
I
Task 7A
Final Design Phase Changes
Engineer shall redesign Durston Road due to the elimination of the concrete medians and the
Engineer shall modify the intersection design of Durston Road and N. 19th Avenue and
coordinatie with the Durston Road improvements east of N. 19th Avenue. Plans and
specifications will be fmalized and bid packages will be prepared.
ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE
6.1 LUMP SUM PAYMENT FOR DESIGN SERVICES AND EXPENSES OF ENGINEER
Section 6.1.1 of the Original Agreement is amended to include the following:
6.1.1.1 Pavrnent. The design phase services performed as Basic Engineering Services
under sections 4.2 through 4.4 of this agreement shall be increased from $226,070 by
$43,261.00. The OWNER shall pay a total sum in the amountof$269,331 for such services.
Except as specifically amended herein, the Original Agreement shall remain in full force and effect
and the parties shall be bound by all terms and conditions therein.
In witness whereof, the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN, MONT ANA
MORRISON-MAIERLE, INC.
By:dkJ/~~
(City Manager)
DATE: b fJoJ 7..'
BY~e_~ LL
DATE: tJ. '=- Oc i C> b
~" ,-"., - f'"
." . -'. './ ,
. --...:: ,"
,-, ,
...
-BY:
~ _ ~it?~Cle!k)
',,<-- -- .-'
/'
H:\0417\035\docs\PSA Amendment #4-102506,doc
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