HomeMy WebLinkAbout01- Aquacraft Professional Services Agreement
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PROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made as of Apri 1 9, 2001 , between THE CITY OF
BOZEMAN, a Municipal Corporation, Bozeman, Montana, 59715 (OWNER) and
Aquacraft, Inc. , Boulder CO , (ENGINEER).
Whereas the accomplishment of the work and services described in this Agreement is essential to the
OWNER'S public works improvement program.
Whereas the OWNER intends to and has selected the ENGINEER to provide necessary and
professional engineering services for the project.
Whereas the ENGINEER represents that it is willing and qualified to perform the professional
engineering services for this project described in this Agreement.
Therefore, in consideration of the foregoing recitals and the mutual covenants and conditions
contained herein, the parties agree as follows:
The conditions and provisions set forth in the attached EXHIBIT A, Scope of Services; EXHIBIT
B, Project Budget; and EXHIBIT C, Project Schedule are hereby incorporated in and made part of
this Agreement.
ARTICLE 1 - ENGINEERING SERVICES
1.1. The geneml description ofthe specific project components is described as follows:
Conduct a study of baseline water use characteristics ofthe City of Bozeman water system., with projections to be
made on future demands by customer category based on the classification in use by the City of Bozeman water
department. The consultant will then investigate alternative water conservation measures which might be employed
to manage and reduce future demands, and select those which appear to be both effective and economical for the City
to employ. A report will be prepared explaining the findings, which will include a brief description of general steps
to be taken to implement the selected measures.
1.2. The detailed 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 Prqject, providing professional engineering consultation and advice and furnishing customary
civil and structuml 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,
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and contingencies, and (on the basis ofinfonnation furnished by OWNER) allowances for such other items as charges
of all other professionals and consultants, for the cost ofland and rights-of-way, for compensation for or damages to
properties, for interest and financing charges and for other services to be provided by others for Owner. The total of
all such costs, allowance, etc. are hereinafter called "Total Project Costs".
4.1.7. Furnish six (6)- copies of the Study and Report documents and review them in person with OWNER.
The Engineering Planning and Investigation phase will be completed and submitted according to Exhibit C, Project Schedule
following written authorization from OWNER to ENGINEER to proceed with that phase of services. Any delays in receipt of
authorization to proceed will create automatic and corresponding delays in the start of the project and all succeeding project
milestones.
4.2. PROJECT DOCUMENTATION
ENGINEER shall furnish OWNER with as many copies as requested ofthe dmft and final project report, provided that when
costs exceed those specified for printing in the project budget, Exhibit B, the OWNER will pay all additional costs on a time
and material basis as established in Article 7.3. The Engineer will make all project data files and analyses available to the
OWNER, and will make copies of spreadsheets, databases and other engineering infonnation used in preparing the report as
requested by the OWNER, provided that all extmordinary costs for such copying be paid by the OWNER on a time and
materials basis.
ARTICLE 5 w ADDITIONAL SERVICES
5.1. If OWNER wishes ENGINEER to perfonn any of the following Additional Services, OWNER shall so instruct
ENGINEER in writing, and ENGINEER shall perfonn or obtain from others such services and will be paid therefor as provided
in the Agreement:
5.1.1. Legal land surveys perfonned 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 geneml scope, extent or character ofthe 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 othetwise provided for in the Agreement, including services nonnally 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 perfonn
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:
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7.3 REIMBURSABLE EXPENSES
Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's independent protessional associates
or consultants directly in connection with the Project, such as expenses for: transportation and subsistence incidental thereto;
obtaining bids or proposals from Contmctor(s); subsistence and transportation of Resident Project Representatives and their
assistants; toll telephone calls and telegrams; reproduction of reports, Dmwings, Specifications, Bidding Documents and similar
Project-related items; and if authorized in advance by OWNER. overtime work requiring higher than regular mtes. Tn addition,
when compensation for Basic Services is on the basis of Direct Labor Costs method of payment, Reimbursable Expenses will
also include the amount billed to ENGINEER by special consultants employed by ENGINEER and authorized by OWNER
(other than as an authorized Additional Services) and will also include expenses incurred for computer time and other
specialized equipment, including an appropriate charge for previously established progmms and expenses of photographic
production techniques.
ARTICLE 8 - PAYMENT PROVISIONS
8.1 TIMES 0 F PAYMENTS. ENGINEER may submit monthly statements for Basic Services and approved Additional
Services rendered and for Reimbursable Expenses incurred, which will be promptly paid by the owner, however, total 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 mtes, 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 sepamtely.
8.3 PAYMENT UNDER TERMINATION, In the event of termination by the OWNER upon the completion of any phase
of the Basic Services, progress payments due ENGINEER for services rendered through such phase shall constitute total
payment for such services. In the event of such termination by OWNER during any phase of the Basic Services, ENGINEER
also will be reimbursed for the charges of pre-approved independent professional associates and consultants employed by
ENGINEER to render Basic Services, and paid for services rendered during that phase on the basis of the payment provisions
of the Agreement. In the event of any such termination, ENGINEER will be paid for unpaid pre-approved Additional Services
and unpaid Reimbursable Expenses which are authorized under this agreement.
ARTICLE 9 - GENERAL CONSIDERATIONS
9.1 TERMINATION OF AGREEMENT
9.I.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 (I) no amount shall be allowed for anticipated profit on unperformed services or
other work, and (2) any payment due to the ENGINEER at the time of termination may be adjusted to cover any
additional costs to the OWNER because of the ENGINEER's default. lftermination 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
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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's rights herein are in addition to any other remedies the OWNER may have under the law.
9.7 LEGAL RELATIONS
9.7.1 The ENGINEER shall comply with all Federal, State, and Local laws and ordinances applicable to the
work to be done.
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 ofany character, including attorney's fees, arising out of or
resulting from or in connection with the ENGINEER's negligent performance ofthe 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 offault as compared with 100% of the 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 ofany character, including attorney's fees, arising out of or
resulting from or in connection with the ENGINEER's non-negligent performance ofthe 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 offault 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 OWNER 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 shalI 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.
Profess Serv Agree 7 07/06/00
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 ENGINEER, or to ENGINEER's
independent professional associates or consultants. Files in electronic media format of text, data, gmphics, or of other types
that are furnished by ENGINEER to OWNER are only for convenience of owner. Any conclusion or information obtained or
derived from such electronic files will be at the user's sole risk.
9.11 PUBLIC INFORMATION
The ENGINEER shall not issue any statements, releases or information for public dissemination without prior approval of the
OWNER.
9.12 PROPRIETARY RIGHTS
If patentable discoveries or inventions should result from work required herein, all rights accruing from such discoveries or
inventions shall be joint property ofthe ENGINEER and the OWNER. Provided that the OWNER, state agencies or political
subdivisions and the United States Government shall have the irrevocable, nonexclusive, nontmnsfemble 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 Contrect term and for one (1) year from the date of final payment. Such accounting
records and other evidence pertaining to the cost incurred will be made available for inspections by OWNER.
9.14 SUCCESSORS IN INTEREST
The covenants, agreements and all statements in this Contmct 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 Contmct or to give any notice required herein, then the prevailing Party or the Party giving notice shall be
entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney.
9.16 MODIFICATIONS AND AMENDMENTS
That any amendment or modification of this Contract or any provisions herein shall be made in writing or executed in the same
manner as this original document and shall after execution become a part of this Contrect.
Profess Serv Agree 9 07/06W
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SCOPE OF SERVICES (EXHIBIT A)
Task 1: Analyze Water Use and Service Area Data
1.1 Data Request
The first sub-task will be to request the information from the city necessary to conduct the
analyses which follow. The specific information that will be requested includes:
. Copies of recent treated water facility plans and system descriptions at details adequate for
the monthly operations model. The Broad Spectrum Task Force report will be an obtained
for input on the issues surrounding alternate ways of meeting Bozeman's future water
needs.
. Copies of recent annual reports and capital improvement plans prepared by the City.
. Copies of recent water rate studies.
. Copies of land use and growth projection studies, with emphasis on the 2020 Growth
Plan, and copies of local ordinances or zoning regulations which may have a bearing on
water use, such as landscape standards or local plumbing codes.
. Descriptions of the water system for Montana State University, including any raw water
sources used on campus, and copies of all meter readings kept by the City and the
University, which will allow disaggregation of water use on campus.
. At least one and up to ten years of monthly historic billing data in computer readable files,
and customer information files which provide billing addresses, meter sizes, customer
classification for each account,
. Daily or monthly water production records for the City's water treatment facilities
covering the same period as the billing records, and information on the types of devices
used to measure outflows from the treatment plants.
. Any weather and/or ETo data collected by the City for the period of billing records.
1.2 Characterization of Baseline Water Use
Using the information available from Task 1.1 the following analyses will be performed to the
extent allowed by the data.
. Selection of a baseline period. A recent set of years for which full data are available, and
for which there are no unusual conditions present (such as emergency restrictions which
would bias the information) will be chosen to use as a baseline for characterization of
water use. This baseline will be used as a reference point for historical comparisons and
growth projections.
. Treated water produetion will be compiled for the period of record. If available, this will
include daily, monthly and annual production information from all sources of treated
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use data, the projections will be disaggregated into water used for the major end-uses. For
example, single-family use will show annual use for toilets, showers, dishwashers, leakage,
clothes washers, faucet use, and outdoor use. This will allow individual conservation measures to
be evaluated more directly with respect to their water savings. The baseline use information will
be based on data obtained by Aquaeraft in other water systems, using our best judgement as to its
applicability to Bozeman.
Task 4: Financial Model
Water conservation should not be considered separately from system finances. Since
conservation will impact water demands it will also impact system revenues and capital
requirements. A complete water demand management plan should also evaluate the expected
impact on water rates, finances and capital spending. Consequently, the baseline model should
contain information on annual costs to operate the water system, payoff debts, and cover all other
annual expenses. Revenues from water sales and impact fees will be tracked on the other side of
the ledger. This will allow a model of water rates to be included, which will be necessary in order
to help determine the impact of conservation on future rates.
The impact of water conservation on capital spending for new water treatment plants, reservoirs,
wells, and other system upgrades will be handled in a separate capital spending model. This
model will show when major capital expenses are anticipated, and how these will be financed by
bond sales. The debt service to payoff the bonds will be used as one of the inputs to the financial
model.
Both the financial and capital expense models are useful and important tools for a complete
evaluation of the impacts of water conservation programs. They allow water conservation to be
evaluated like any other water resources project. The financial and capital models prepared for
this study will be derived from existing rate studies and capital expenditure plans, and are not
meant to replace these, but supplement them. In addition, the models will use simplifying
assumptions were necessary to avoid having to go into the same detail as needed for a specialized
water rates study. The important function of the models developed for this study will be their
ability to use the same set of assumptions to test and compare water conservation and supply side
options even handedly.
Task 5: Screen Potential Water Conservation Measures
Once the water use patterns for individual classes and end uses are quantified the next step is to
examine the available conservation measures that impact the most important identified uses.
Screening potential measures at this point eliminates consideration of efficiency options that have
no relevanee to Bozeman. The result ofthis task will be a list of potential conservation practices
and measures that could be implemented and should be evaluated in the cost/benefit phase of the
project.
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draft conservation plan will make preliminary recommendations for the most appropriate
management program and will suggest reasonable and realistic water saving targets. The plan
will also make recommendations for follow-up work to verify the impacts of the conservation
program once it is in place.
The types of programs that are most likely to be included for evaluation in a city like Bozeman
are:
. Plumbing codes for new construction,
. Landscape regulations and design standards,
. General water use efficiency standards
. Residential water surveys
. System audits and leak repair
. Conservation rates
. Residential toilet, shower, faucet and clothes washer retrofits
. Education programs
. Commercial/Industrial/Institutional Conservation programs (audits, retrofits, cooling tower
efficiency programs, landscape schedules etc)
Task 8: Public Input and Review
Our proposal mentioned the creation of a citizen review board to provide input to the plan during
three public meetings: at the beginning, middle and end of the project. The decision to implement
this type of review rests with the City, and management of the citizen review process will be
largely the responsibility of the City. The budget for this task includes attendance and follow-up
at two public meetings, in addition to the kick off meeting included in Task 1.
The time and expenses allocated to this task are for travel to Bozeman to attend two meetings in
addition to the kick off meeting, which is part of Task 1. The citizen review board will be
solicited and selected by the City with input from the Consultant as required. The review
meetings are anticipated to involve both the City staff and citizen review board. The most likely
format would be as part of a combined board meeting and public hearing. Time is also included
for meeting preparation and analysis of comments from the staff, board member and public.
If the City wishes, and authorizes payment, the Consultant will attend additional meetings, as for
example meetings devoted to presenting information to the public prior to the public hearings, or
for focus groups, if these can not be handled as part of the kick off meeting or the two review
meetings.
Soliciting membership to the review board, noticing meetings, acting as meeting chairs, reserving
rooms, making copies of original presentation materials, purchasing food and supplies for, and all
other things related to setting up the public meetings will be the responsibility of the City. The
City will also be responsible to take careful notes at all public meetings so that all eomments and
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PROJECT BUDGET (EXHIBIT B)
Table 1 shows the estimated budget for each task and the total for labor and expenses for the
project with and without tasks 2 and 4. Tale 2 shows a breakdown of hours committed to each
task of the project by employee category. This table shows direct labor costs, benefits and
indirect/overhead charges associated with each employee category. Table 3 shows the expenses
by category for each task.
Table 1: Project Budget by Task
SUMMARY OF COSTS BY TASK:
TASK DESCRIPTION Labor Expenses Total
1 Analyze Water Use/Service Area $6,388 $1,560 $7,948
Data
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9 Finalize Report with Implementation $3,336 $225 $3,561
Targets
TOTAL FOR PROJECT $32,796 $3,465 .~~6,26~
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Note: Tasks 2 is deferred
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SCHEDULE (EXHIBIT C)
The project should take between six and seven months to complete. Using May 1, 2001 as a
starting date it would be finished by the end of November 2001. The sequencing of project tasks
is shown in the attached Gantt Chart. This assumes that all of the necessary billing data, reports
and planning data can be assembled and delivered in a three-week period (15 working days). The
draft report will be delivered to the City by the middle of October, and after review by the City
and citizen review board it will be finalized for delivery in the end of November.
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