HomeMy WebLinkAbout96- Morrison-Maierle Professional Services Agreement
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PROFESSIONAL SERVICES AGREEMENT
MM, INC. NO.: 417.028.01.010.0310
417.026.02.040.0310
417.028.03.050.0310
THIS IS AN AGREEMENT made as of January 5, 1996 between THE CITY OF
BOZEMAN, a Municipal Corporation, Bozeman, Montana, 59771.-0640
(OWNER) and MORRISON-MAIERLE, INC., P.O. Box 1.1.1.3, Bozeman, MT
59771-1.1.1.3, (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: (a) rehabilitate and expand the
existing sludge lagoons, and (b) construct a waste separator
handling facility at the wastewater treatment plant.
Whereas the ENGINEER represents that he is willing and qualified to
perform the professional engineering services for this proj ect
described in this Agreement.
Therefore, in consideration of the foregoing recitals and the
mutual covenants and conditj,ons 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
Duties, Responsibilities and Limitations of Authority of the
Resident proj ect Representative i and EXHIBIT C - Proj ect Schedule i
are hereby incorporated in and made part of this Agreement.
ARTICLE 1. - ENGINEERING SERVICES
1. .1.. A brief description of the specific proj ect cO:ll1ponents is described as
follows:
1.1.1
Sludge Lagoons (417.028.010.0310)
Provide a Final Report for the Pre-Design phase of the Sludge Lagoon
Rehabilitation-Expansion project. Scope of services shall include review of
current sludge handling practices, assessment of future needs, developing and
evaluating sludge handling alternatives, and preparation of implementation
plan and report.
1.1.2 Separator Waste Handling Facility
(417.026.02.040.0310, 417.028.03.050.0310)
Provide design, construction administration, inspection and testing services
for the City of Bozeman's Waste Separator facility. Scope of services shall
include review of OWNER supplied study, confirmation of waste quantities,
assessment of waste handling rules and inventory control, design and
construction of drying bed(s), cqpcrete walls, roof system with framing and
supports and access road.
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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 proj ect 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 proj ect, 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 Bob Morrison.
2.6. The ENGINEER shall name a proj ect Manager who shall be the liaison between the
ENGINEER and the OWNER. The Project Manager shall be Keith Belden, 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.
2.7. The ENGINEER shall submit an estimated progress schedule at the beginning of
the work, and monthly progress reports thereafter until the project is completed.
ARTICLE 3
- OWNER'S RESPONSIBILITIES
3.1 The OWNER shall name a Task Director who shall be the liaison between the
ENGINEER and the OWNER during DESIGN segment of the Project. The Task Director
designated shall be John Pavsek, 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:
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4.1 PRE-DESIGN INVESTIGATION PHASE - Sludge Lagoons (417.028.01.010.0310)
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 Groundwater Monitoring.
4.1.4.1.
Review existing OWNER supplied data.
4.1.4.2. Inspect site, inspect condition of existing wells, measure
groundwater levels (one time), select sites for surface water elevation
control points, determine surveying requirements
4.1.4.3. Perform field survey. Compile preliminary groundwater
maps from historic data and site inspection data.
4.1.5 Evaluate Pond Liner Alternatives
4.1.5.1 Examine the advantages and disadvantages of alternative
liner systems. Hypalon, high density polyethylene (HOPE), polyvinyl
chloride (PVC), and polypropylene liner materials will be examined.
4.1.5.2 Investig~te the compatibility of the different liner
membranes with a concrete pond floor. Compare the cost of using a
concrete floor to the cost of a membrane floor.
4.1.5.3 Recommend a preferred liner on the basis of cost and
qualitative advantages.
4.1.6 Preliminary Pond Design
4.1.6.1 Determine the design criteria and features for the sludge
holding pond improvemen~~. These will include:
Number of ponds and volume to meet current and future
needs.
Mixing of the pond contents to improve pumping
characteristics and uniformity of product for land
application.
Underdraining and gas venting facilities.
Evaluation of using a concrete floor vs a membrane floor
in the ponds. Cost and operational needs will be
considered in selecting the type of floor.
Facilities for complete dewatering of the ponds for
cleaning.
Look at the feasibility of removing plastics in the
treatment plant.
Liner configuration.
4.1.6.2 Produce conceptual drawings showing the plan view layout
of the ponds and a typical cross section.
4.1.6.3
Provide a budget level estimate of the construction cost.
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4.1.7.So1ids Handling Evaluation
4.1.7.1
the Owner.
Tour the treatment plant and discuss plant operations with
4.1.7.2 Calculate a solids balance for the treatment plant.
Utilize plant operation data. Compare to the comprehensive performance
evaluation (CPE). Estimate the sludge production under increased
future loading of the plant.
4.1.7.3 Review existing solids handling facilities including the
dissolved air flotation thickener (DAFT) , gravity thickener, digesters,
and clarifiers.
4.1.7.4 Discuss and qualitatively compare alternative solids
disposal alternatives. These will include composting, co-composting
with municipal solid waste, landfill disposal and land application of
liquid sludge. Order-of-magnitude cost comparisons will be in terms
of $/ton experienced at other facilities where available or as derived
from cost curves.
4.1.7.5 Investigate the solids handling capability of the Owner's
existing sludge application vehicle and that of the existing sludge
pumps at the sludge holding ponds. Sludge concentration will be
investigated.
4.1.8 Quality Control Review
4.1.8.1 Senior level engineers will review the design concepts and
recommendations made by the design team. The draft and final report
will be reviewed.
4.1.8.2 The design team members will be responsible for resolving
review comments with the quality control reviewer. After all comments
are resolved, the final report will be stamped and initialed by the
quality control reviewer(s)
4.1.9 Project Management
4.1.9.1
Monitor project schedule, cost, and progress.
4.1.9.3
Keep the Ow~er informed and the project team informed.
Direct the project team.
4.1.9.2
4.1.10 Produce Report: The Pre-Design investigation Phase shall be completed
and Final Reports submitted within 150 calendar days following written
authorization from OWNER to ENGINEER to proceed with that phase of
service.
4.1.10.1 Produce a draft report for review by the Owner and in-
house quality control reviewers. The report will summarize Tasks 4.1.4
through 4.1.9 above.
4.1.10.2
Produce five (5) copies of the final report for submittal
to the Owner.
4.2 PREL~KINARY DES~GN PHASE - Separator Waste Facility (417.028.02.040.031.0)
After 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.
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4.4.3.4 Special design
conditions not covered
specifications.
considerations for Project
in standard construction
tasks with
methods or
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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 Desian Report: Specific items to be addressed in the
design report will include, but not be limited to:
4.2.3.1 Summary construction requirements with appropriate
drawings for each task included in the project.
4.2.3.2
Define limits of construction of seperator facility
4.2.3.3
Summary geotechnical report for specific tasks, if needed.
4.4.3.5 A preliminary plan detailing waste hauling rules, permit
requirements, testing requirements and inventory tracking by Bozeman
WWTP personnel.
4.2.4 Desian and Construction Survey: The ENGINEER shall conduct a design
field survey of the project areas, as necessary, for locating existing
utilities (such as sewer lines, irrigation facilities, fences, and approach
driveways) and making measured drawings of existing facilities. The ENGINEER
shall provide suitable horizontal and vertical reference control points for
the construction phase.
4.2.5 Geotechnical Explorations and Analysis; The ENGINEER shall conduct
such 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.
4.2.6 PreliminarY Plans and Specifications: Prepare preliminary construction
plans and specifications with information which addresses the special
features of each project task.
4.2.7 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 five (5) 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
reviewing 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 12. calendar days
following written authorization from OWNER to ENGINEER to proceed with this phase
of services.
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4.3 FINAL DESIGN PHASB - Separator Waste Facility (417.028.02.040.0310)
After written authorization to proceed with the Final Design Phase, ENGINEER shall;
4.3.1 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
Project Costs caused by changes in general scope, extent
design requirements of the Project or Construction Costs.
a revised opinion of probable Total Project Costs based on
Specifications.
of probable Total
or character or
Furnish to OWNER
the Drawings and
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 five (5) copies of the Contract Documents (including
design drawings, specifications and contracts) .
The Final Phase will be complete and submitted with ~ calendar days following
written authorization from OWNER to ENGINEER to proceed with that phase of services.
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4.4 BIDDING OR NEGOTIATING PHASE - Separator Waste Facility (417.028.02.040.0310)
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 called "Contractor(s) ") for those
portions of the work as to which such acceptability is required by the
Bidding Documents.
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.
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4.5 CONSTRUCTION PHASB - Separator Waste Facility (41.7.026.030.050.0310)
The responsibilities of the ENGINEER during the Construction Phase are summarized
as follows;
4.5.1 General Administration of Construction Contract. ENGINEER shall
consult with and advise OWNER and act as OWNER'S representative as provided
in EXHIBIT A - ENGINEER'S STATUS DURING CONSTRUCTION, attached to and made
part of this Agreement and may be further provided under the General
Conditions of the contract documents. The extent and limitations of the
authority, duties, and responsibilities of the ENGINEER on the construction
job site as assigned here-in shall not be modified except as the ENGINEER may
otherwise agree in writing. All of OWNER's instruction to Contractor(s) will
be issued through ENGINEER who will have authority to act on behalf of OWNER
to the extent provided in the General Conditions except as otherwise
provided in writing.
In addition to the services provided under Article 10 (Exhibit A) the
ENGINEER shall provide the following services during construction;
4.5.1.1
Schedule and conduct a pre-construction conference.
4.5.1.2 Provide personnel, equipment and supplies for construction
layout and control, including establishment of line, grade, and blue
top control staking.
4.5.1.3
Review Contractors' construction schedules and operations.
4.5.1.4 Ascertain that the Contractor has secured required permits
needed to accomplish his work.
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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
technical specifications all shop drawings, and
submittals required by the Contract Documents.
with
other
the proj ect
Contractor
4.5.1.9 During construction review Contractors' construction
schedules and evaluate conformance and progress under the Contract time
provisions.
4.5.1.10 Prepare for OWNER'S approval any plan and specification
changes which due to any initial design or engineering deficiencies are
required to complete the project original design concept.
4.5.1.11 Inspect the project and when appropriate, and after
conferring with OWNER, issue a Certificate of Substantial Completion
to the Contractor.
4.5.1.12 Prior to recommending final payment, schedule and conduct
with the OWNER a final project inspection and submit a report to the
OWNER documenting any outstanding items or deficiencies requiring
correction prior to final payment. Upon satisfactory project
completion ENGINEER shall certify in writing to the OWNER, and any
required regulatory agencies, that the construction was completed in
accordance with the approveri plans and specifications and is performing
in accordance with the design concept.
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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 of the
work as provided in EXHIBIT B - A LISTING OF THE DUTIES, RESPONSIBILITIES
AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE.,
attached to and made part of this Agreement.
The ENGINEER shall submit to the OWNER, for review and acceptance, the resume
of each Resident Project Representative who may be assigned to the job site
during the course of the Project not less than 10 calendar days prior to the
pre-construction meeting. Any subsequent change in the resident
representative shall also be subject to the OWNER'S approval.
A resident project representative shall be present at the site a minimum of
50 percent (50%) of the time for a duration of time not to exceed 15 days.
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 Documentsi 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 - Sep.rator Waste Faoility (417.028.030.050.0310)
ENGINEER shall furnish OWNER with (a) one mylar copy and two paper copies of the
Project Record Drawings ("As-Builts"), (b) written monthly progress reports, and (c)
a project notebook containing such correspondence and documentation as requested by
OWNER.
4.7.
CONSTRUCTION TESTING - Separator Waste Faoility (417.028.030.050.0310)
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 replacement
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:
5.1.1. Legal land surveys performed to obtain data for preparing
easements or establishing boundaries.
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 approval.
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5.1. 3.
extent or
previously
ENGINEER's
Services
character
accepted
control.
resulting fro?, significarl;t changes in the general scope,
of the ProJect or maJor changes in documentation
by OWNER where changes are due to causes beyond
5.1.4. Providing other services not otherwise provided for in the
Agreement, including services normally furnished by the OWNER as elsewhere
herein described.
5.1.5. Furnishing the services of independent professional associates
or consultants for other than Basic Services.
5.1. 6.
Preparation of an environmental document.
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 the Agreement:
5.2.1 Services in connection with work directive changes and change orders
to reflect the changes requested by OWNER if the resulting change in
compensation for Basic Services is not commensurate with the additional
services rendered.
5.2.2 Services in making revisions to Drawings and Specifications occasioned
by the OWNER'S acceptance of substitutions proposed by Contractor(s);
services after the award of each contract in evaluating and determining the
acceptability of an unreasonable or excessive number of substitutions
proposed by Contractor; and evaluating an unreasonable or extensive number of
claims submitted by Contractor(s) or others in connection with the work.
.
5.2.3 Services resulting from significant delays, changes or price increases
occurring as a direct result of materials, equipment or energy shortages.
5.2.4 Additional or extended services during construction made necessary by
(1) work damage by fire or other causes during construction, (2) a
significant amount of defective or neglected work of any Contractor, (3)
acceleration of the progress schedule involving services beyond normal
working hours, (4) default by any Contractor.
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ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE
6 . 1 DJ:RECT LABOR COST PAnlBN'l' FOR BASJ:C ENGJ:NEERJ:NG SERVICES AND EXPENSES 01"
ENGJ:NEER. - SlUdge Lagoons (41.7.028.01.010.0310)
Professional engineering services performed as Basic Engineering Services under
section 4.1 Project Study Phase, shall be compensated in accordance with the
following:
6.1.1 The OWNER shall pay for the Basic Engineering Services listed under
section 4.1 an amount not to exceed $30,195.60 except as provided under
6.1.1.2 and 6.1.3.
6.1.1.1.
Cost Compensation. Compensation for these services shall
be based on the ENGINEER'S Direct Labor Cost times a
factor of 3.11 for services rendered which shall cover
Direct Labor, Direct Labor Overhead, General and
Administrative Overhead and Profit.
6.1.1.2.
Notification. At any time during the project development
that it becomes apparent that the Services rendered under
this Agreement .will exceed the negotiated compensation for
these services, and prior to performing services in excess
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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.
If it is determined that due to a change in project scope
under paragraph 5.1.3, the ENGINEER is entitled to
additional compensation, OWNER and ENGINEER may negotiate
terms as provided under 6.1.1.1. The amount and terms of
any additional compensation under 6.1.1.1 shall be
negotiated and agreed in writing pursuant to 9.16.
6.1.2 Reimbursable Expenses. as defined in section 7.4 of this
Agreement for the Basic services and Approved Additional Services shall be
paid to the ENGINEER by the OWNER in the actual amount of the costs incurred.
6.1.3 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 3.11, or an amount otherwise
negotiated at the time such services are requested and approved by the OWNER.
6.2 LUMP SUM PAYMENT FOR DESIGN SERVICES AND EXPENSES OF ENGINEER - Separator
Waste Facility (41.7.028.02.040.0310)
6.2.1 Lump Sum Pavrnent. The OWNER shall pay for design phase services
performed as Basic Engineering Services under sections 4.2 through 4.4 of
this agreement pay a lump .um in the amount of Eighteen Thousand Four Hundred
Sixty and nO/100 Dollars ($18.460.00) for such services.
6.2.2 Pavrnent Schedule. Total cumulative payments for the design phase
engineering services (sections 4.2 through 4.4) shall not exceed the
following ceilings:
$ 1.846.00 (10 % of design fee) until the Pre-design Investigation and
Preliminary Design Report has been submitted to the OWNER.
$ 9.230.00 (50% of design fee) until the preliminary Plans and Specifications
have been submitted to the OWNER and review authorities.
S 16.614.00 (90% of design fee) until the Final plans and Specifications have
been submitted to the OWNER and review authorities.
6.2.3 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,
subj ect to any limitations on Payments based on completion of tasks or
specific retainage requirements pursuant to the payment provisions of the
Agreement .
6.2.4 Reimbursable Expenses. Only those expenses specifically identified for
payment under section 6.3 of this Agreement are reimbursable. All other
design related expenses are 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 6.2 are not separately reimbursable.
6.3 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER.
Construction and proj ect documentation 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 and proj ect Documentation services
an amount not to exceed Eiaht Thousand Dollars ($8.000.00) except as provided under
6.3.1.2 and 6.3.4.
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6.3.1.1 Costs Compensation. Compensation for these services shall be based
on the ENGINEER's Direct Labor Cost times a factor of 3.11 for services
rendered which shall cover Direct Labor, Direct Labor Overhead, General &
Administrative Overhead and Profit.
6.3.1.2 Notification. At any time during the Construction that it becomes
apparent that the Construction Phase and proj ect Documentation 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 5.1.3, the
ENGINEER is entitled to additional compensation, OWNER and ENGINEER may
negotiate terms as compensation 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 Exceedinq Estimated Compensation. Except as allowed under
5.2.1, when the total cost of the original scope Construction Phase and
Project Documentation 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 Cost times a factor of 2.701 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.
6.3.3 Field 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 of the 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 time a factor of 3.11, or an amount otherwise negotiated at the time
such services are requested and appr~ved 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 Proj ect
designed and specified by ENGINEER, but it will not include ENGINEER's compensation
and expenses, the cost of land, rights-of-way, or compensation for or damages to,
properties unless this Agreement so specifies, nor will it include OWNER's legal,
accounting, insurance counseling or auditing services, or interest and financing
charges incurred in connection with the Project or the cost of other services to be
provided by others to OWNER.
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7.3 DIRECT LABOR COSTS
Direct Labor Costs used as a basis for payment mean salaries and wages paid to all
ENGINEER's personnel engaged directly on the proj ect, 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 Direct Labor Costs are:
Principals
Project Manager
Senior Engineer
Staff Engineer
Technicians/CADD
CADD Drafter
Clerical
$28.35/hour
$19.50/hour
$23.75/hour
$25.68/hour
$14.00/hour
$13.00/hour
$ 9.50/hour
7.4 REIMBURSABLE EXPENSES
Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's
independent professional associates or consultants directly in connection with the
Project, such as expenses for: transportation and subsistence incidental thereto;
obtaining bids or proposals from Contractor(s); subsistence and transportation of
Resident project Representatives and their assistants; toll telephone calls and
telegrams; reproduction of reports, Drawings, Specifications, Bidding Documents and
similar Project-related items; and if authorized in advance by OWNER, overtime work
requiring higher than regular rates. In addition, when compensation for Basic
Services is on the basis of Direct Labor Costs method of payment, Reimbursable
Expenses will also include the amount billed to ENGINEER by special consultants
employed by ENGINEER and authorized by OWNER (other than as an authorized Additional
Services) and will also include expenses incurred for computer time and other
specialized equipment, including ~n appropriate charge for previously established
programs and expenses of photographic production techniques.
ARTICLE 8 - PAYMENT PROVISIONS
8.1 TIMES 01" PAYHENTS. 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, 6.2 and 6.3. 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 l"OR 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 ONDER 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.
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ARTICLE 9 - GENERAL CONSIDERATIONS
9.1 TERMINATION OF AGREEMENT
9.1.1 The sole right is hereby reserved to the OWNER to terminate this
Engineering Agreement for any and all causes or for it's convenience at any
time upon fifteen (15) days written notice to the ENGINEER.
9.1.2 If termination for default is effected by the OWNER, an equitable
adjustment in the price provided for in this Agreement shall be made, but (1)
no amount shall be allowed for anticipated profit on unperformed services or
other work, and (2) any payment due to the ENGINEER at the time of
termination may be adjusted to cover any additional costs to the OWNER
because of the ENGINEER's default. If termination for convenience is
effected by the OWNER, the equitable adjustment shall include a reasonable
profit, as determined by owner, for services or other work performed. The
equitable adjustment for any termination shall provide for payment to the
ENGINEER for services rendered and expenses incurred prior to the
termination, in addition to termination settlement costs reasonably incurred
by the ENGINEER relating to commitments which had become firm prior to the
termination.
9.1.3 Upon receipt of a termination action under paragraph 9.1.2, the
ENGINEER shall (1) promptly discontinue all affected work (unless the notice
directs otherwise), and (2) deliver or otherwise make available to the OWNER
within ten (10) days copies of all data, design drawings, specifications,
reports, estimates, summaries and such other information and materials as may
have been accumulated by the ENGINEER in performing this Agreement, whether
completed or in process.
9.1.4 In the event this C~ntract is terminated prior to completion, the
original copies of the ENGINEER'S data, recommendations, plans,
specifications, analysis and other related documents prepared by the ENGINEER
prior to said termination shall be delivered to and become the property of
the OWNER.
9.1.5 Upon termination, the OWNER may take over the work and may award
another party an Agreement to complete the work under this Agreement.
9.1.6 OWNER'S right to terminate is in addition to any other remedies OWNER
may have under the law.
9 .2 INSPECTION AND AUDIT
All books, papers, records, payrolls, vouchers and invoices relating to costs and
expendi tures 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.
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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
ENGINEER warrants that it will provide its services in accordance with the standards
of care, skill, knowledge, and diligence normally exercised by a professional
engineer in the performance of such engineering services. If any such service
should be discovered 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 nonperformance 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
The ENGINEER shall comply with ali Federal, State, and Local laws and ordinances
applicable to the work to be done.
The ENGINEER agrees to indemnify, hold harmless and defend the OWNER and its
officers, agents and employees against any and all actions, suits claims, demands,
costs, judgements, expenses (including a reasonable attorney's fee), and liability
of any character whatsoever brought of asserted for any injury, death, of damage
received or sustained by any person, persons, property, business or any other
entity, caused solely by the negligent acts or omissions of the Engineer, arising
out of or resulting from, or in connection with the performance of the work herein
specified. The ENGINEER is not requ~red to defend the OWNER from assertions that
the OWNER was negligent, or indemnify' the OWNER from liability based solely on
OWNER's negligence. The indemnity required here shall not be limited by reason of
the specification of any particular insurance coverage in this Agreement.
The ENGINEER is and 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
Employers' Liability:
General Liability:
Bodily Iniurv & Property
DamaGe Single and combined
Automobile:
Bodily Iniurv covering all
automobiles, trucks,
tractors, trailers, or
other automotive equip-
ment whether owned or
rented by Engineer or
owned by employees of
Engineer.
Propertv DamaGe covering
all automobiles, trucks,
tractors, trailers or other
automotive equipment whether
owned or rented by Engineer
or owned by employees of
Engineer
BodilY Iniurv & Prope~tv
DamaGe Single and combined
Professional Errors & Omission:
9.9 ENDORSEMENT
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Limits
S 100,000 per accident
S 1.000,000 per accident
$ 500,000 each person
$1.000.000 each occurrence
$ 500,000 each occurrence
OR
S 500.000 each occurrence
$ 1.000,000 per claim and
aggregate each occurrence
The ENGINEER shall place his endorsement on all drawings and other data furnished
by him.
9.10 OWNERSHIP OF DOCUMENTS
All schedules, data, exhibits, recommendations, design reports, plans,
specifications, and other related documents prepared or obtained under the terms of
the Contract are deemed to be the property of the OWNER and shall be delivered to
the OWNER.
9 . 11 PtJBLIC INP'ORHATION
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.
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9 . 13 RECORDS
The ENGINEER shall maintain accounting records and other evidence pertaining to the
cost incurred and to make the records available at all reasonable times during the
Contract term and for one (1) year from the date of final payment. Such accounting
records and other evidence pertaining to the cost incurred will be made available
for inspections by OWNER.
9.14 SUCCESSORS IN INTEREST
The covenants, agreements and all statements in this Contract apply to and shall be
binding on the heirs, personal representatives, successors and assigns of the
respective parties.
9.15 DISPUTE RESOLUTION
In the event that a dispute should arise relating to the performance of the services
to be provided under this AGREEMENT, the OWNER and ENGINEER agree that they shall
first submit the matter to non-binding mediation. The Mediator's fee shall be
shared equally by the parties. If the dispute is not resolved by mediation, the
matter may then be considered by other methods of dispute resolution.
9.16 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.
9.17 MODIFICATIONS AND AMENDMENTS
.
That any amendment or modification of this Contract or any provisions herein shall
be made in writing or executed in the same manner as this original document and
shall after execution become a part of this Contract.
In witness Whereof, the Parties hereto do make and execute this
Agreement.
CI:::,_PF BOZ~; ~~NTANA .
By~~<-l~~k
(City Manage )
MO;tON-~E,;:tNJ. .
BY: G>-O-.~ /~~
DATE:
February 5, 1996
DATE:
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BY:
Commission)
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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 Januarv 5. 1996 between CITY OF BOZEMAN (OWNER) and MORRISON-
MAIERLE, INC. (ENGINEER) providing for professional engineering services.
ARTICLE 1.0 - ENGINEER'S STATUS DURING CONSTRUCTION
10.1.
OWNERS'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.
10.4.
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 th~ overall intent of the Contract Documents.
These may be accomplished by a Field Order and will be binding on OWNER, and also
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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 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 Provisions of
the construction Contract Document
10.8.
DETERMINATIONS 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. ENGINEER will be the initial interpreter of the requirements of
the Contract Documents and judg~ 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.
10.10.3 Jobsite Safety. Neither the professional activities of the
ENGINEER, nor the presence of the ENGINEER or the ENGINEER's Employees and
subconsultants at the construction site, shall relieve the General Contractor
and any other entity of their obligations, duties and responsibilities
including, but not limited to, construction means, methods, sequence,
techniques or procedures .necessary for performing, superintending or
coordinating all portions of the Work of construction in accordance with the
contract documents and any health or safety precautions required by any
regulatory agencies. Engineer'S personnel have no authority to exercise any
control over any construction contractor or other entity or their employees
action with their work or any health or safety precautions. The OWNER agrees
that the General Contractor is solely responsible for jobsite safety, and
warrants that this intent shall be made evident in the OWNER's agreement with
the General Contractor. The OWNER also agrees that the OWNER's agreement
with the General Contractor shall require the General Contractor to indemnify
the OWNER, the ENGINEER and the ENGINEER's subconsultants from and against
all claims arising out of resulting from the performance of the work, and
shall also require the General Contractor to provide a separate policy
containing Owner's Prospective Liability Coverage, which shall name the
OWNER, the ENGINEER and the ENGINEER's subconsultants against claims, demands
or liability by any person or entity which may arise form the performance of
the Contractor and his or her subcontractors on this project.
Notwithstanding the Contractor's sole responsibility for construction site
safety, if the ENGINEER observes situations that the ENGINEER believes to be
hazard or safety violation, the ENGINEER shall report the matter to the
Contractor, the OWNER and the Project Manager.
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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 Januarv 5. ~, between CITY OF BOZEMAN (OWNER) and MORRISON-
MAIERLE, INC. (ENGINEER) providing for professional engineering services.
ARTICLE 1.1. - 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 f~ilure 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:
11.1.
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 Meetinas: 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. ·
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11.2.3.
Liaison:
11.2.3.1. Serve as ENGINEER's liaison with CONTRACTOR, ~orking
principally through CONTRACTOR's superintendent and ass~st 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.
11.2.4.
Shop Drawinqs and Samples:
11.2.4.1.
Record date of receipt of Shop Drawings and samples.
11.2.4.2.
CONTRACTOR,
examination.
Receive samples which are furnished
and notify ENGINEER of availability
at
of
the site
samples
by
for
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, Reiection of Defective Work, Inspections and
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 visi ting inspectors representing public or other
agencies having jurisdiction over the Project, record the results of
these inspections and report to ENGINEER.
11.2.6. 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:
11.2.6.1. 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, Pield Orders, additional Drawings issued
subsequent to the execution of the Contract, ENGINEER's clarifications
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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
acti vi ties, decisions, observations in general, and specific
observations in more detail as in the case of observing test
procedures; and send copies to ENGINEER.
11.2.8.3.
CONTRACTORS,
equipment.
Record names, addresses and telephone numbers of
subcontractors and maj or suppliers of materials
all
and
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 tmmediately to ENGINEER and OWNER upon the
occurrence of any accident.
11.2.10. Payment Reouests: 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:
11.2.12.1. Submi t 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 ~l items on final list have been completed
or corrected and make recommendations to ENGINEER concerning final
acceptance.
4
.. ,
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'.
11. 3.
LIMITATIONS 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.
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.
11.3.7.
part.
11.3.8. Shall not participate in specialized field or laboratory tests
or inspections conducted by others except as specifically authorized by
ENGINEER.
Shall not authorize OWNER to occupy the Project in whole or in
H:\417\026\CONTRACT
January 6, 1996
5
-' " , . .- . <. ,..I
';
MORRISON.MAIERLE, INC.
SUMMARY OF PROPOSED FEE
PROJECT: City of Bo<emen Sludge Storege Fecility Rehabilitation/Expansion PAGE, 1012
PROJECT NUMBER: 417,029.01.010.0310 DATE: 01l0S/96
aC&
PRINC PROJ. TASK SUPPORT TECH/ SURVEY TASK
DIRECT LABOR COSTS ENGR MNGR, MNGR STAFF CADD CREW CLERICA TOTAL COSTS
BY TASK $26.35 $19.50 $23.75 $25 ,68 $14,00 $26.00 $9.50 HOURS
_____~_~~a___________..__.______..__...___.______.__.___________~_~~~~~_______.______
PraJ.ct Study Ph.. (Eotlmat.d du..Uon ~ 5 montho)
4.1.4 Groundwater Monitoring
4.1.4.1 Review existing plans, borings and groundwAter data 0 0 0 3 0 0 0 3 $239,59
4.1.4,2 Site inspection; selil!!lct new monitoring well location a 0 3 0 6 0 0 0 11 $520.65
4,1.4,3 Compile groundwater maps from historic: data 0 0 0 4 0 12 4 20 $1,407.96
4.1.4.4 Infiltration/Percolation b8d tests 0 0 0 0 0 0 0 0 $0,00
4,1.4,5 DatA AnAlysis 0 0 0 0 0 0 0 0 $0.00
$2,466.4 1
4.1.5 Pond Liner AIte:rna.1ives
4.1.5.1 Explore pond liner alternatives 3 0 1 0 0 0 0 4 $336,37
4.1.5.2 Compare and contrast life cycle costs 0 0 0 0 0 0 0 0 $0.00
4.1,5.3 Compare life cycle cost of concrete VB membrane floor 6 1 1 0 0 0 0 6 $663.52
4.1.5.4 S818ct plefe"ad liner 3 1 1 0 0 0 0 5 $399.01
$1._00,90
4.1.6 Preliminary Pond Design
4.1.8.1 Dllitermine design criteria together wIth Owner 0 10 32 4 0 0 0 46 $3,269.51
4.1.6.2 Produce scnematic drawings and typical section 1 2 20 3 0 0 0 26 $1,926.30
4,1.6,3 PlGvide plellminary construction budget 1 4 12 1 0 6 6 34 $2,160_20
$7 ,396,02
4.1.7 Solids Handling Evaluation
4.1.7.1 Site visit 0 6 6 0 0 0 0 16 $1,076.06
4.1.7.2 Estimate sludge production 0 0 12 0 6 0 0 18 $1,147.59
4.1.7,3 Review existing plAnt operAtion 0 0 12 0 6 0 0 16 $1,147.59
4.1.7.4 Alternative dispoSllI options 0 0 4 0 6 0 0 10 $556.69
4.1,7.5 Existing sludge handling cApabilitie. 0 0 4 0 6 0 0 10 $556,89
$4,484.62
4.1.6 Qu.lity Control Raviaw (OCR)
4.1,6.1 Review desl9n concept. 12 0 0 0 0 14 $1,192.53
4,1.6,2 R8vi"" ploject in accordance with QCR 8 0 6 0 0 16 $1,011,64
$2,204.37
4.1,9 Project Management
4.1.9.1 Monitor project schedule, cost and progress 0 2 0 0 0 0 10 $532.69
4.1.9.2 Communications with OWner 0 2 0 0 0 2 12 $691.96
4,1,9,3 Direct project taam 0 2 0 0 0 0 6 $390.31
$1.715,17
4,1,10 Report
4,1.10,1 Draft leport 4 6 24 0 12 0 6 54 $3.248.09
4.1,10.2 Respond to review comments 2 4 16 0 12 0 4 36 $2,241.36
4,1,10.4 Final report 2 6 18 0 12 0 4 40 $2,362.67
$7,952.13
TOTAL PROJECT STUDY PHASE. HOURS 40 67 171 23 68 20 30 419
TOTAL PROJECT STUDY PHASE - DIRECT LABOR COSTS $1,134.00 $1,306.50 $4,061.25 $5110.64 $952,00 $$20,00 $265.00 $27,521.60
SUMMARY OF ESTIMATED LABOR COSTS
TArget multiplier ~ 2.701 TOTAL TOTAL
DIRECT DIRECT
PROJECT TEAM MEMBER LABOR LABOR
~~r~___________~~~______~~~_~~"_____~~_._______
Quality Review/Principal Engineer $1,134,00 $3.062.93
Projeet Managfu $1,306.50 $3,526.66
Task MAnager $4,061.25 $10,ll69.44
Support Steff $5110.64 $1,595,32
Technician I $952.00 $2,571.35
Survey Crew $$20,00 $1,404.52
Clerical $265.00 $769-79
~~-_&_-_.__._-----------------
SUBTOTAL LABOR COSTS $5.849.39 $23,1102.20
..
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MORRISON.MAIERLE, INC.
SUMMARY OF PROPOSED FEE
PROJECT: City 01 Bozeman Sludge Storaga Facility Retlobilllation/E.panoion
PROJECT NUMBER: 417,028.010.0310
PAGE:
DATE:
2012
01/05/96
ESTIMATED EXPENSES
OIRECT EXPENSES
QUANTITY
RATE
COST
Computer (Hours)
Postage
Telephone
Facsimiles
Maps, Photos, etc.
Co. Vet'licle: Hours
Miles
Air transportation
WAter level indicators
Dola logger
Survey instrument
Mealo (12 Ooyo @ $12.00 per day)
Reproduction
60
1
1
1
1
100
1500
2
o
o
6
12
1
$10.00
$100.00
$150.00
$50,00
$150.00
$3,00
$0.32
$60,00
$50.00
$60.00
$10.00
$12.00
$300.00
$600.00
$100,00
$150,00
$50.00
$150,00
$300.00
$460.00
$120.00
$0,00
$0.00
$80.00
$144,00
$300.00
TOTAL
$2,674,00
OUTSIDE SERVICES
QUANTITY
RATE
COST
Sub-Consultant
Other
o
o
$0.00
$0.00
$0.00
$0.00
TOTAL
$0.00
TOTAL ESTIMATED eXPENSES
$2,674,00
FEE SUMMARY FOR PROJECT STUDY PHASE
Estimatad Labor at T alget Multlpllar
Plotlt
Estimated Exp8nses
$23,902,20
$3,619.40
$2.674.00
Total Fee
$30.195.60
h:\417\026\stdlee,wq2
... ,'!
.
PROJECT: Bozeman Separator Waste Collection Facility
PROJECT NUMBER: 417.028.02 & 03
;
, ~
MORRISON-MAIERLE/CSSA
SUMMARY OF PROPOSED FEE
PAGE:
DATE:
1 of 2
01/05/96
ESTIMATED LABOR HOURS
TASK
PRELIMINARY PHASE
Review existing OWNER supplied data & confirm projected size
Collect field data
Produce preliminary plans, elevations, details & specs
Update cost estimate
Project management
DESIGN PHASE
Design drying beds
Design access road
Design concrete walls and footings
Design facility cover
Draft construction plans
Produce specifications
Revise cost estimate
Quality control review
Bidding/negotiating phase
Project management
FINAL DESIGN PHASE
Update plans, specs and cost estimate
based upon review comments
CONSTRUCTION PHASE
Construction administration
1) General administration of contract
2) Submittal review
3) Correspondence with OWNER and Contractor
Construction inspection & staking
Concrete testing
Compaction testing
TOTAL SEPARATOR WASTE FACILITY PROJECT
SUMMARY OF ESTIMATED LABOR COSTS
TARGET MULTIPLIER s 3.11
PROJECT TEAM MEMBER HOURS
QA/Principal Engineer
Project Manager
Project Engineer
Techician/CADD
Survey Crew
Clericai
TOTAL LABOR
QA
PRIN
ENG
PROJ
MGR
PROJ
ENG
TECH
CADD
SURVEY TOTAL
CREW CLERICAL HOURS
2 4 2 0 0 0 8
0 1 0 4 12 0 17
0 8 2 8 0 2 20
0 4 4 0 0 2 10
0 2 0 0 0 0 2
0 8 4 0 0 0 12
0 4 4 0 0 0 8
0 6 0 0 0 0 6
0 11 0 0 0 0 11
0 3 0 60 0 0 63
0 12 4 0 0 12 28
0 8 2 0 0 2 12
8 1 0 0 0 0 9
0 10 0 0 0 0 10
0 10 0 0 0 0 10
0 26 8 22 0 0 58
11
168
36
176
22
22
1 6 4 0
0 6 2 4
0 8 0 0
0 22 0 60
0 2 0 10
0 2 0 6
~~-~~~~----~ -----~--
11 166 36 176
TOTAL
DIRECT DIRECT
LABOR RATE LABOR
---------
$26,35 $311.85
$19.50 $3,276.00
$16.00 $576.00
$14.00 $2,464,00
$26_00 $572.00
$9,60 $209.00
$7,406.65
2
o
2
o
o
o
o
o
o
10
o
o
22
22
435
$23,041.52
LABOR RATE
AT TARGET MUL T.
$88,17
$60.65
$49.76
$43.54
$80,66
$29.55
435
TOTAL
FEE
$518.44
$1,205,13
$992,09
$500.71
$121.29
$684,20
$441.62
$363.87
$667.10
$2,794.34
$1,281,32
$643.77
$765,99
$606.45
$606.45
$3,054.02
13
14
10
92
12
10
$710.17
$758.84
$544.25
$4,755.19
$556.69
$469.61
TOTAL
LABOR AT
TARGET MULT.
$969.85
$10,188.36
$1 ,791 .36
$7,663.04
$1,778.92
$649.99
$23,041 .52
$3,337.65
$8,855_10
$3,054.02
$7,794,75
$23,041,52
'II. I~ .
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MORRISON.MAIERLE, INC
SUMMARY OF PROPOSED FEE
PROJECT: 8o~eman Separator Waste Collection Facility
PROJECT NUM8ER: 417,028.02 & 03
PAGE:
DATE:
2 of 2
01/05/96
ESTIMATED EXPENSES
TOTAL
QUANTITY RATE COST
-~---~~~-----
10 $3.00 $30.00
400 $0.32 $1 2600
0 $0,00 $0.00
50 $0.29 $14.50
0 $0.00 $0.00
0 $0.00 $0.00
0 $0.00 $0.00
0 $0.00 $0.00
0 $0.00 $0.00
~---------
$172.50
QUANTITY RATE COST
--~~~----------
60 $10.00 $600,00
1 $100.00 $100,00
1 $50.00 $50,00
1 $25,00 $25.00
1 $150.00 $150,00
5 $10.00 $50.00
1 $500.00 $500,00
1 $150.00 $150.00
~~--------
$1,625.00
QUANTITY RATE COST
--------------~
1 $1,500.00 $l,SOO.OO
0 $0.00 $0,00
~~-------------
$1,500.00
$3,297.50
TRAVEL, LODGING, MEALS
Co. Vehicle: Hours
Miles
Personal Vehicle: Hours
Miles
Rental Vehicle: Hours
Miles
Airline Travel
Lodging (Nights)
Meals (Each Day)
TOTAL
OTHER DIRECT EXPENSES
Computer
Postage
Telephone
Facsimiles
Maps, Photos, etc.
Total Station (Hours)
Reproduction
Sub.Consullant administration
OUTSIDE SERVICES
Sub.Consultant (Geotechnical)
Other
TOTAL
TOTAL ESTIMATED EXPENSES
FEE SUMMARY FOR PROJECT STUDY PHASE
Estimated Labor at Target Multiplier
Estimated Expenses
$23,041.52
$3,297.50
Total Fee
$26,339.02
EXHIBIT C
TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES
PRELIMINARY PROJECT SCHEDULE
CITY OF BOZEMAN SLUDGE FACILITY REHABILITATION/EXPANSION PLAN
DESCRIPTION OF TASK 1995 1996
OCT. NOV. DEC. JAN FEB MARCH APRIL MAY JUNE JULY AUG. SEPT. OCT
ENGINEER SELECTION/NEGOTIATIONS
PROJECT STUDY PHASE ,
~
Groundwater Investigation
Development of Alternatives
Survey Fieldwork
Evaluation of Alternatives
Draft Report Preparation
City Staff Review
Final Report
DESIGN PHASE .
CONSTRUCTION PHASE ..
PROJECT CLOSEOUT
,
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. If desired, final design plans and specifications could potentially be started in April, 1996.
.. If desired, construction could conceivably begin by August, 1996
~ .~
H:\417\028\01 \SCHEDULE
EXHI BIT C
TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES
PRELIMINARY PROJECT SCHEDULE
~
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CITY OF BOZEMAN SEPARATOR WASTE FACILITY
DESCRIPllON OF TASK
1995
1996
ENGINEER SELECllON/NEGOllAllONS
PROJECT STUDY PHASE
FEB MARCH APRIL MAY JUNE JULY AUG. SEPT. OCT.
Preltminary Design
Geotechnical Investigation
City Review
Design Phase
City Staff/MDEQ Review
Final Design/Final Report
Bidding/Negotiating Phase
Construction
Pro'ect Closeout
. . _w
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">
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H:\417\028\02\schedule
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
FOR
REHABILITATION AND EXPANSION OF THE SLUDGE LAGOONS
AND
NEW SEPARATOR WASTE HANDLING FACILITY
MM, INC. No.:
417.028.04.040.0310
417.028.05.040.0310
417.028.06.050.0310
THIS IS AN AGREEMENT made as of October 6 ,199 7 , between
THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman~ Montana,
59771-0640 (OWNER) and Morrison-Maierle, Inc., P.O. Box 1113,
Bozeman, Montana, 59771-1113 (ENGINEER).
WHEREAS the parties have entered into a Professional Services
Agreement dated January 5/ 1996, herein referred to as Original
Agreement, for professional engineering services to (a)
rehabilitate and expand the sludge storage lagoons and (b)
construct a waste separator handling facility at the wastewater
treatment plant; and
WHEREAS, the parties desire to amend the provisions of this
Original Agreement to include the design and construction services
of the sludge storage lagoons in order to incorporate that work
into the improvements project currently under contract.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, the parties agree as follows:
ARTICLE 1 - ENGINEERING SERVICES
1. Article 1, "Engineering Services" of the Original Agreement is amended by
adding the following paragraphs:
1.1.3 Provide design, construction administration, inspection and
testing services for the City of Bozeman's Sludge Lagoon
Rehabilitation/Expansion project. Scope of services shall be to implement
design report recommendations with staff input. Refer to Fee Exhibit of the
amendment.
ARTICLE 4 - BASIC ENGINEERING SERVICES
Article 4 is amended by adding the following paragraphs:
1
4.8 PRELIMINARY DESIGN
Rehabilitation/Expansion
(417.028.05.040.0310)
PHASE
Sludge Lagoon
(417.028.04.040.0310)
'I
"I 'I'"
After acceptance of the pre-design report and receipt of written authorization to
proceed with the Preliminary Design Phase, ENGINEER shall:
4.8.1. In consultation with OWNER determine general scope, extent and
character of the Project.
4.8.2.
preliminary
Project.
ENGINEER
plans and
shall then prepare a
specifications and a
Preliminary Design
written description
Report,
for the
4.8.3. Preliminary Desian Reoort: Specific items to be addressed in the
design report will include, but not be limited to:
4.8.3.1. Summary of construction requirements wit:h appropriate
drawings for each task included in the project.
4.8.3.2.
Plans for sludge lagoon rehabilitation and expansion.
4.8.3.3.
Summary geotechnical report for specific tasks, if needed.
4.8.3.4. Special design
condi tions not covered
specifications.
considerations for Project
in standard construction
tasks with
methods or
4.8.3.5.
necessary.
A traffic control plan for each project task,
if
4.8.4. Desian 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.
4.8.5. Geotechnical Exolorations and Analvsis: The ENGINEER shall
conduct such 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.
4.8.6. Preliminary Plans and Soecifications. Prepare preliminary
construction plans and specifications with information which addresses the
special features of each project task.
4.8.7. Based on the information contained in the preliminary design
documents, ENGINEER will submit a revised opinion of probable Total Project
Costs to the OWNER.
2
4.8.8. 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 author.ities 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 agr.eed 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 30 calendar days
following written authorization from OWNER to ENGINEER to proceed with that phase
of services.
4.9 FINAL DESIGN PHASE Sludge Lagoon Rehabilitation/Expansion
(417.028.04.040.0310) (417.028.04.040.0310)
After written authorization to proceed with the Final Design Phase, ENGINEER shall:
4.9.1. On the basis of the accepted Prelirninary 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.
4.9.2. 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.
4.9.3. 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.
4.9.4. Furnish OWNER six copies of the Contract Documents (including
design drawings, specifications and contracts) .
The Final Phase will be complete and submitted within 30 calendar days following
written authorization from OWNER to ENGINEER to proceed with that phase of services.
4.10 BIDDING OR NEGOTIATING PHASE
Rehabilitation/Expansion (417.028.06.050.0310)
Sludge
Lagoon
After written authorization to proceed with the Bidding or Negotiating Phase,
ENGINEER shall:
4.10.1. Assist OWNER in advertising for and obtaining bids or negotiating
proposals for construction contract(s) and record prospective bidders to whom
3
Bidding Documents have been issued, receive and process deposits for Bidding
Documents and conduct pre-bid conferences.
. .
4.10.2. Provide interpretation or clarification to prospective bidders
regarding the Bidding Documents, and issue addenda as appropriate.
4.10.3. 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.
4.10.4. Consult with OWNER concerning and determine the acceptability of
substitute materials and equipment proposed by Contractor (s) when
substi tution prior to the award of contracts is allowed by the Bidding
Documents.
4.10.5. Attend the Bid opening, prepare bid tabulation, evaluate bids,
assess bidders ' responsiveness and responsibility and make award
recommendation to OWNER.
4.10.6 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 constr.uction documents.
4.11 CONSTRUCTION PHASE
(417.028.06.050.0310)
Sludge Lagoon Rehabilitation/Expansion
The responsibilities of the ENGINEER during the Construction Phase are summarized
a'" follows:
4.11.1. General Administration of Construction Contract. ENGINEER shall
consult with and advise OWNER and act as OWNER'S representative as provided
in EXHIBIT A - ENGINEER'S STATUS DURING CONSTRUCTION, attached to and made
part of this Agreement and may be further provided under the General
Condi tions of the contract documents. The extent and limitations of the
authority, duties, and responsibilities of the ENGINEER on the construction
job site as assigned here-in shall not be modified except as the ENGINEER may
otherwise agree in writing. All of OWNER's instruction to Contractor(s) will
be issued through ENGINEER who will have authority to act on behalf of OWNER
to the extent provided in the General Conditions except as otherwise
provided in writing.
In addition to the services provided under Article 10 (Exhibit A) the
ENGINEER shall provide the following services during construction:
4.11.1.1
Schedule and conduct a pre-construction conference.
4.11.1.2 Provide personnel, equipment and supplies for construction
layout and control, including establishment of line, grade, and blue
top control staking.
4.11.1.3 Review Contractors' construction schedules and operations,
and the Contractors' traffic control plans and its implementation prior
to the start of construction.
4.11.1.4
Ascertain that the Contractor has secured required permits
4
4 . 11.1.8 Review and approve, for conformance
technical specifications all shop drawings, and
submittals required by the Contract Documents.
with
other
the proj ect
Contractor
needed to accomplish his work.
4.11.1.5 Prepare and provide weekly activity and progress reports
to the City's Task Director.
4.11.1.6 ENGINEER shall provide OWNER copies of all correspondence
between the ENGINEER and Contractor.
4.11.1.7 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.
4.11.1.9 During construction review Contractors' construction
schedules and evaluate conformance and progress under the Contract time
provisions.
4.11.1.10 Prepare for OWNER'S approval any plan and specification
changes which due to any initial design or engineering deficiencies are
required to complete the project original design concept.
4.11.1.11 Inspect the project and when appropriate, and after
conferring with OWNER, issue a Certificate of Substantial Completion
to the Contractor.
4.11.1.12 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.
4.11.1.13 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.
4.11.2. Resident pro-iect Reoresentative. ENGINEER shall provide a
qualified Resident Project Representative at the job site to provide
observation of the work as provided in EXHIBIT B - A LISTING OF THE DUTIES,
RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT
REPRESENTATIVE., attached to and made part of this Agreement.
The ENGINEER shall submit to the OWNER, for review and acceptance, the resume
of each Resident Project Representative who may be assigned to the job site
during the course of the Project not less than 10 calendar days prior to the
pre-construction meeting. Any subsequent change in the resident
representative shall also be subject to the OWNER'S approval.
4.11.3 Limitations of Resoonsibilities. ENGINEER will not be
responsible for CONTRACTOR's means, methods, techniques, sequences or
procedures of construction, or the safety precautions a~d programs incident
thereto, and ENGINEER will not be responsible for COK"RACTOR's failure to
perform or furnish the Work in accordance with the Contract Documents;
however, nothing contained in this agreement shall be const~ued to release
5
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been submitted to the OWNER and review authorities.
6.4.3 General. Engineer shall submit monthly statements for services
rendered. The statements shall be based upon Engineer.'s e:itimate of the
proportion of the total services actually completed at the t:irne of billing,
subject to any limitations on Payments based on completion of tasks or
specific retainage requirements pursuant to the payment provisions of the
Agreement .
6.4.4 Reimbursable Expenses , Only those expenses specifically identified for
payment under section 6.5 of this Agreement are reimbursable. All other
design related expenses are included in the Lump Sum Payment for the Basic
services (4.8 through 4.10) and are not separately reimbursable. Additional
Services specifically identified under the scope of design services for
payment under 6.4 are not separately reimbursable.
6.5 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER.
Construction and project documentation services performed as Basic Engineering
Services under sections 4.11 through 4.13 including General Administration of
Construction Contract, Resident Project Representation, Project Documentation, and
Construction Testing, shall be compensated in accordance with the following;
6.5.1 The OWNER shall pay for Construction Phase and Project Documentation
Services an amount not to exceed $44.042.03 except as provided under 6.5.1.2
and 6.5.4.
6.5.1.1
based on
services
Overhead,
Costs Compensation. Compensation for these services shall be
the ENGINEER's Direct Labor Cost times a factor of 2.99 for
rendered which shall cover Direct Labor, Direct Labor
General & Administrative Overhead and Profit.
6.5.1.2 Notification. At any time during the construction that it
becomes apparent that the Construction Phase and Project Documentation
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 6.5.1.3. If it is determined that due to a
change in project scope under paragraph 5.2.1 of the Original
Agreement, the ENGINEER is entitled to additional cornpensation, OWNER
and ENGINEER may negotiate terms as provided under 6.5.1.1. The amount
and terms of any additional compensation under 6.5.1.1 or 6.5.1.3 shall
be negotiated and agreed in writing pursuant to 9.16 of the Original
Agreement.
6.5.1.3 Costs Exceedina Estimated Compensation. Except as allowed
under 5.2.1 of the Original Agreement, when the total cost of the
original scope Construction Phase and Project Documentation 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 Cost times a factor of 2.701 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.
6.5.2. Reimbursable EXDenses, as defined in section 7.4 of this
Agreement, for Basic Services and Approved Additional Services shall be paid
7
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to the ENGINEER by the OWNER in the actual amount of the costs incurred.
6.5.3. 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 of the construction of the
project and recommend an amount the OWNER deduct from the contractor (s)
payments.
6.5.4 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 2.99, or an amount otherwise negotiated
at the time such services are requested and approved by the OWNER. The not
to exceed cost for services defined under 5.1.7 is $1,994.33.
ARTICLE 7 - MEANING OF TERMS
7.3 DIRECT LABOR COSTS (Amended)
Section 7.3 of the original Agreement is amended to read as follows:
Direct Labor Costs used as a basis for payment mean 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 Direct Labor Costs are:
Principals
Project Manager
Senior Engineer
Staff Engineer
Senior Technicians
CADD Drafter
Technicians
Construction Inspector
Two Person Survey Crew
Clerical
$29.00/hour
$21. 75/hour
$24.00/hour
$26.00/hour
$15.00/hour
$14.00/hour
$13.00/hour
$15.00/hour
$85.00/hour
$ 9.50/hour
Except as specifically amended herein, the Original Agreement of January 5,
1996, shall remain in full force and effect and the parties shall be bound by all
terms and conditions therein.
8
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In witness Whereof, the Parties hereto do make and execute this
Agreement.
CITY OF BOZEMAN, MONTANA
MORRISON-MAIERLE, INC.
E::~ _ ~
(vI:, e-president)
\. \
\~._-
BY: <=-.:._.~~,:s-
(City Manager)
DATE:
October 6. 1997
DATE: Sa"",}. \ 'S' I OJ i
ATTEST:
BY/)J,: of ~
(Clerk of Commission)
APPROVED ns TO FORM
BY:
9
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EXHIBIT "A"
&
MORRISON.MAIERLE INC
SUMMARY OF PROPOSED FEE
PROJECT: City of Bo~eman Sludge Slorage Faciliy RehabililationlExpansion
PROJECT NUMBER: 417.026
ESTlMA TED DESIGN EXPENSES
TP.AVEL. LODGING, MEALS QUANTITY RATE COST
~~~_._-~~~.~._~..------....- -~
Co_ Vehicle: HaulS 50 $3.50 $175.00
Mile, 1000 $0,41 $410,00
Pelsonal Vehicle: Hours 0 $0.00 $0.00
Miles 0 $029 $0.00
Rental Equipment Hours e $50.00 $300.00
Miles 0 $0.00 $0.00
Ailline Travel 0 $0_00 $0_00
Lodging (Nigh Is) 0 $0,00 $0,00
Meals (Each Day) 0 $0.00 $0.00
+~_~~___._~_~r"""""'---- --
TOTAL $885.00
OTHER DIRECT EXPENSES QUANTITY RATE COST
------~~..._-_................_~ ~-~-
I Computer (Hours) 80 $10.00 $800 00
Postage 1 $100.00 $100.00
Telephone 1 $150.00 $150.00
Facsimiles 1 $50_00 $50,00
Maps. Photos, elc. 1 $150.00 $150.00
Plan & Spec Reproduction 1 $600.00 $600.00
~--------~~~~ -.-
TOTAL $1,850,00
TOTAL ESTIMATED DESIGN EXPENSES 52,735,00
ESTIMATED OUTSIDE SERVICES
OUTSIDE SERVICES QUANTITY
RATE
COST
Sub.Consultant (Geotechnical)
Other
50,00
$0_00
$0.00
50.00
o
o
TOTAL 50,00
TOTAL ESTIMATED OUTSIDE SERVICES
$0,00
FEE SUMMARY FOR PROJECT DESIGN PHASE
Estimated Labor
Estimated Expenses
Estimated Outside Serv;ceg
$26,906.82
$2,735.00
$0.00
Total Fee
$31,643.82
MQj4.RI.50N M,.\IERLE.I~lC
CITY OF BOlEMAN SLVOCE lAGOON PROJECT
PAGE:
DATE:
,
,
~
.
2015
06/27/97
,
,
..
,
~
EXHIB!T "N
"
..
..
MORRISON.MAIERLE INC
SUMMARY OF PROPOSED FEE
PROJECT: City of Bozeman Sludge Storage Faciliy RehabilitatloniExpansion
PROJECT NUMBER: 417.028
PAGE:
DATE:
3 of 5
06/27/97
ESTIMATED LABOR HOURS
TASK
QA&
ADMIN
PROJ.
MNGR.
TASK
MNGR
SUPPORT
STAFF
SURVEY
TECH, I CREW CLERICAL
TOTAL
HOURS
TOTAL
FEE
DESIGN PHASE - ADDITIONAL SERVICES
Groundwater Monitoring Program
o
6
2
8
24
o
4
44
$ 1.994.33
SUMMARY OF ESTIMATED LABOR COSTS
PROJECT TEAl~ MEMBER HOURS
DIRECT
LABOR RATE
TOTAL
LABOR
Quality Assurance
PlOject Manager
Task Manager
Support Staff
T eclmiclan I
SUrlley Crew
CleMcal
o
6
2
8
24
o
4
$28.00
$21.50
$24.00
$21.00
$12.00
$26.00
$8.50
$0.00
$385.71
$ 143_52
$502.32
$861.12
$0.00
$101,66
TOTAL LABOR
44
$1.994_33
MOR.~ISON ~tA!E.rtLE. INC
CITY OF eOZEMAN SlUOGE LAGOON PROJECT
~
,
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,
...
EXHIEIT ,oN
.
<11 ,
to-
MORRISON-MAIERLE INC
SUMMARY OF PROPOSED FEE
PROJECT; City of BOleman Sludge Swag" Faciliy RehabililalionlE"pansion
PROJECT NUMBER: 417.028
PAGE:
DATE:
40f5
06/27/97
ESTIMATED LABOR HOURS QAt. PROJ. TASK SUPPORT SURVEY TOTAL TOTAL
TASK ADMIN MNGR. MNOR STAFF TECH. I CREW CLERICAL HOURS FEE
---
CONSTRUCTION PHASE
Groundwater Monitoring Program 0 4 0 0 4 0 4 12 $502.32
Field SUlveys
1. Set control points for contractor 0 2 0 2 4 0 9 $583.05
2. Stake new lagoon 0 3 0 1 8 0 13 $922.42
3. Provioe slope slake. 0 3 0 1 12 0 17 $1.233.38
SUBTOTAL ~- $2.736.64
Contract Aomlnistration
1. Award of contract 1 8 4 0 0 0 4 17 $966.70
2. preconstruction conference 1 6 8 0 0 0 4 21 $1.273.74
3. Payment estimate. 0 8 4 0 0 0 4 16 $902.98
4. Cooloination meetings 2 4 4 0 0 0 0 10 5711.62
5. Record drawing. 2 4 4 0 24 0 2 36 $1.623,57
6. Final in.pectionI'Narranty inspection 2 B 8 0 0 0 4 22 $1.357.46
SUBTOTAL 122 56.856,07
Construction Inspection
1. Fulltime in.pection 16 120 40 AO 480 0 4 700 $31.759,78
2, Soil testing (ProctolO. sieve analy.i.. etc) 0 0 2 0 8 0 2 12 $481.39
3. Quality ...urance review 4 2 2 0 0 0 4 12 $708.63
SUBTOTAL 724 532.949,80
"~-~~~~~~~-_.~--~ ~----~ .......-----~--- - ------------~~- ~~ --~~~
PROJECT CONSTRUCTION PHASE 28 174 79 40 520 24 32 897 $43.047.03
SUMMARY OF ESTIMATED LABOR COSTS
DIRECT TOTAL
PROJECT TEAM MEMBER HOURS LABOR RATE LABOR
~._~............... ...............--~
Quality A.sUlance 23 $28.00 $2.344.16
Project Manager 174 $21.50 511.185,59
Ta.k Manager 79 524.00 S5.669.04
Support Slaff 40 S21.00 $2.511.60
Technician I 520 $12.00 $1 a,657 .60
Surv~y Crew 24 52itOO $1,865.76
Clencol 32 $8.50 S813.28
~--- ~---~
TOTAL LABOR 897 $43.047.03
"'lOR~ISON M)JERlE, INC
CITY OF BOl!' "".'I SlUOOo LAGOON PROJSer
, ,
J , , . ,
[Xt~18IT "A" + , ,
. i \.
MORRISON-MAIERLE INC
SUMMARY OF PROPOSED FEE
PROJECT: City 01 Bozeman Sludge Storage Faclliy Rehabililation/E><pansion PAGE; 5015
PROJECT NUMBER: 417.028 DATE; 06/27/97
ESTIMATED CONSTRUCTION EXPENSES
TRAVEL. LODGING, MEALS QUANTITY RATE COST
~--_.- -- -- -
Co. Vehicle: Hours 50 $3.50 S175.00
Miles 1000 SO.41 $410.00
Personal Vehicle: Hours 0 SO_OO $0.00
Miles 0 $0.29 SO.OO
Rental Vehicle: Hours 0 $0_00 $0.00
Miles 0 SO.OO $0,00
Airline Travel 0 $0.00 $0.00
Lodging (Nigh Is) 0 $0.00 $0,00
Meals (Each Day) 0 SO.OO $0.00
~--~ - -
TOTAL $585.00
OTHER DIRECT EXPENSES QUANTITY RATE COST
~...............-._~ -~- -- -
Computer (Hours) 10 S10.00 $100.00
Postage 1 $50_00 $50.00
T e!ephone 1 $150.00 $150.00
Fac:iimiles 1 $50.00 $50.00
Maps. Pholos. elc, 1 $10.00 $10.00
Plan & Spec Reproduction 1 $50.00 S50.00
-- -- -
TOTAL $410.00
OUTSIDE SERVICES QUANTITY RATE COST
-~ - . --
Sub.Consullant (Geotechnical) 0 $0.00 $0.00
Other 0 SO.OO $0_00
-. ---- ~- - -
TOTAL SO.OO
TOTAL ESTIMATED CONSTRUCTION EXPENSES $995.00
FEE SUMMARY FOR PROJECT CONSTRUCTION PHASE
Estimated Labol = $43.047.03
Estimaled Expense' ~ $995.00
~~~----
Tolal Fee ~ $44.042.03
FEE SUMMARY FOR DESIGN AND CONSTRUCTION PHASES
De'ign Fee. Basic Services = 531.643.82
Desi9n Fee - Add'l Services = $ 1.994_33
Constl\lction Fee ~ 544.042.03
~~~-
TOlal Fee n 577.680_18
MORRISON MAJ~FtlE, 1.'1C CITY OF aoz"...."'" 'LUOCE LAGOON PROJECT
AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT
FOR
REHABILITATION AND EXPANSION OF THE SLUDGE LAGOONS
AND
NEW SEPARATOR WASTE HANDLING FACILITY
MM, INC. No. 417.028.07 040 0310
THIS IS AN AGREEMENT made as of July 6 , 2000 J between
THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana,
59771-0640 (OWNER) and Morrison-Maierle, Inc., P.O. Box 1113,
Bozeman, Montana, 59771-1113 (ENGINEER).
WHEREAS the parties have entered into a Professional Services
Agreement dated January 5, 1996, and Amendment No. 1 to
Professional Services Agreement dated October 6, 1997, herein
referred to jointly as Original Agreement, for professional
engineering services to (a) rehabilitate and expand the sludge
storage lagoons, (b) construct a waste separator handling facility
at the wastewater treatment plant, and (c) provide design and
construction service for the rehabilitation and expansion of the
sludge storage lagoons; and
WHEREAS, the parties desire to amend the provisions of the
Original Agreement to include the design and construction services
of the sludge mixing in order to incorporate that work into the
improvements project currently under contract.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, the parties agree as follows:
ARTICLE 1 - ENGINEERING SERVICES
1. Article 1, "Engineering Services" of the Original Agreement is amended by
adding the following paragraphs:
1
1.1.4 Provide design, construction administration, construction
observation, and testing services for the installation of sludge lagoon mixers
in the City of Bozeman's sludge Lagoon Rehabilitation/Expansion project. The
scope of services shall be to implement report recommendations dated November
11, 1999, with staff input. Refer to Fee Exhibit of the amendment.
ARTICLE 4 - BASIC ENGINEERING SERVICES
Article 4 is amended by adding the following paragraphs:
4.14 FINAL DESIGN
(41.7.028.07.040.0310)
PHASE
Sludge
Lagoon
Mixing
After acceptance of the report dated November 11, 1999 and receipt of written
authorization to proceed with the Design Phase, ENGINEER shall:
4.14.1. In consultation with OWNER determine general scope, extent and
character of the project.
4.14.2.
Project.
Prepare plans and specifications and a written description for the
4.14.3. Plans and Specifications; Specific items to be addressed in the
plans and specifications will include, but not be limited to:
4.14.3.1. Summary of construction requirements with appropriate
drawings for each task included in the project.
4.14.3.2.
Plans for sludge mixing.
4.14.3.3. Special design
conditions not covered
specifications.
considerations for Project
in standard construction
tasks with
methods or
4.14.4. Based on the information contained in the design documents,
ENGINEER will submit a revised opinion of probable Total Project Costs to the
OWNER.
4.14 .5. ENGINEER shall prepare and furnish complete copies of bidding
documents 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 proj ect; 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.
2
4.15 BIDDING OR NEGOTIATING
(417.028.07.040.031.0)
PHASE
Sludge
Lagoon
Mixing
4.15.2. Provide interpretation or clarification to prospective bidders
regarding the Bidding Documents, and issue addenda as appropriate.
4.15.3.
contractor,
proposed by
portions of
Documents.
consult with and advise OWNER as to the acceptability of the prime
subcontractors, suppliers and other persons and organizations
the prime contractor (s) (herein call "Contractor (s) ,,) for those
the work as to which such acceptability is required by the Bidding
4.15.4. 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.
4.15.5. Attend the Bid opening, prepare bid tabulation, evaluate bids,
assess bidders' responsiveness and responsibility, and make award
recommendation to OWNER.
4.15.6 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.
4.16 CONSTRUCTION PHASE
(417.028.07.050.03l0)
Sludge
Lagoon
Mixing
The responsibilities of the ENGINEER during the Sludge lagoon mixing portion of the
Construction Phase are summarized as follows:
4.16.1. General Administration of Construction Contract. ENGINEER shall
consult with and advise OWNER and act as OWNER'S representative as provided in
EXHIBIT A - ENGINEER'S STATUS DURING CONSTRUCTION, attached to and made part of
this Agreement and may be further provided under the General conditions of the
contract documents. The extent and limitations of the authority, duties, and
responsibilities of the ENGINEER on the construction job site as assigned here-
in shall not be modified except as the ENGINEER may otherwise agree in writing.
All of OWNER's instruction to Contractor(s) will be issued through ENGINEER
who will have authority to act on behalf of OWNER to the extent provided in the
General Conditions except as otherwise provided in writing.
In addition to the services provided under Article 10 (Exhibit A) the ENGINEER
shall provide the following services during construction:
3
4.16.1.1
schedule and conduct a pre-construction conference.
4.16.1.2 Provide personnel, equipment and supplies for construction
layout and control, including establishment of line and grade.
4.16.1.3 Review Contractors' construction schedules and operations,
the Contractors' traffic control plans, and its implementation prior to
the start of construction.
4.16.1.4 Ascertain that the Contractor has secured required permits
needed to accomplish his work.
4.16.1.5 Prepare and provide weekly activity and progress reports to
the City's Task Director.
4.16.1.6 Provide OWNER copies of all correspondence between the
ENGINEER and Contractor.
4.16.1.7 With OWNER'S approval, 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.
4.16.1.8
technical
submittals
Review and approve, for conformance
specifications, all shop drawings, and
required by the Contract Documents.
with the project
other Contractor
4.16.1.9 During construction review Contractors I construction
schedules and evaluate conformance and progress under the Contract time
provisions.
4.16.1.10 Prepare for OWNER I 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.
4.16.1.11 Observe the project and when appropriate, and after
conferring with OWNER, issue a Certificate of Substantial Completion to
the Contractor.
4.16.1.12 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
the ENGINEER shall provide a statement in writing, to the OWNER and any
required regulatory agencies, that to the best of his knowledge,
information and belief, the project was constructed in accordance with
the approved plans and specifications and is performing in accordance
with the design concept.
4.16.1.13 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
4.16.2. Resident Prolect Representative. ENGINEER shall provide a
qualified Resident Project Representative at the job site to provide
observation of the work as provided in EXHIBIT B - A LISTING OF THE DUTIES,
RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT
REPRESENTATIVE, attached to and made part of this Agreement.
The ENGINEER shall submit to the OWNER, for review and acceptance, the resume
of each Resident Project Representative who may be assigned to the job site
during the course of the Project not less than 10 calendar days prior to the
pre-construction meeting. Any subsequent change in the resident project
representative shall also be subject to the OWNER'S approval.
4.16.3Limitations of Responsibilities. ENGINEER will not be responsible for
CONTRACTOR I 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.
4.17. PROJECT DOCUMENTATION
(417.028.07.050.031.0)
Sludge
Lagoon
Mixing
ENGINEER shall furnish OWNER with (a) one mylar copy and two paper copies of the
Project Record Drawings, (b) written monthly progress reports, and (c) a project
notebook containing such correspondence and documentation as requested by OWNER.
ARTICLE 6 COMPENSATION
(417.028.07.040.0310)
FOR
ENGINEERING
SERVICE
Article 6 is amended by adding the following paragraphs:
6.6 LUMP SUM PAYMENT FOR DESIGN SERVICES AND EXPENSES OF ENGINEER - SLUDGE LAGOONS
6.6.1 Lump Sum Payment. The OWNER shall for design phase services performed as
Basic Engineering Services under sections 4.14 through 4.15 of this agreement
pay a lump sum in the amount of $7,045.00 for such services.
6.6.2 Payment Schedule. Total
engineering services (sections
following ceilings:
cumulative payments
4.14 through 4.15)
for the design phase
shall not exceed the
$6,340.503 (90% of design fee) until the Final plans and Specifications have
been submitted to the OWNER and review authorities.
6.6.3 General. Engineer shall submit monthly statements for services rendered.
The statements shall be based upon Engineer'S estimate of the proportion of
the total services actually completed at the time of billing, subject to any
limitations on Payments based on completion of tasks or specific retainage
requirements pursuant to the payment provisions of the Agreement.
5
6.6.4 Reimbursable Expenses. Only those expenses specifically identified for
payment under section 6.5 are reimbursable. All other design related expenses
are included in the Lump Sum Payment for the Basic Services (4.14 through 4.15)
and are not separately reimbursable. Additional Services specifically
identified under the scope of design services for payment under 6.6 are not
separately reimbursable.
6.7 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER.
Construction and project documentation services performed as Basic Engineering
Services under sections 4.16 through 4.17, including General Administration of
Construction Contract, Resident Project Representation, and Project Documentation,
shall be compensated in accordance with the following:
6.7.1 The OWNER shall pay for Construction phase and Project Documentation
Services an amount not to exceed $2,527.50 except as provided under 6.7.1.2.
6.7.1.1 Costs Compensation. Compensation for these services shall be
based on the ENGINEER's Direct Labor Cost times a factor of 2.99 for
services rendered which shall cover Direct Labor, Direct Labor Overhead,
General & Administrative Overhead and Profit.
6.7.1.2 Notification. At any time during the construction that it
becomes apparent that the Construction Phase and Project Documentation
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 6.7.1.3. If it is determined that due to a change in
proj ect scope under paragraph 5.2.1 of the Original Agreement, the
ENGINEER is entitled to additional compensation, OWNER and ENGINEER may
negotiate terms as provided under 6.7.1.1. The amount and terms of any
additional compensation under 6.7.1.1 or 6.7.1.3 shall be negotiated and
agreed in writing pursuant to 9.15 of the original Agreement.
6.7.1.3 Costs Exceedinq Estimated Compensation. Except as allowed
under 5.2.1 of the Original Agreement, when the total cost of the
original scope Construction Phase and Project Documentation 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 Cost times a factor of 2.701 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
6.7.2. Reimbursable Expenses, as defined in section 7.4 of
Agreement, the amount for Basic Services and Approved Additional
be paid to the ENGINEER by the OWNER in the actual amount
incurred.
the original
Services shall
of the costs
6.7.3. 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 of the construction of the project
and recommend an amount the OWNER may deduct from the contractor(s) payments.
ARTICLE 7 - MEANING OF TERMS
7.3 DIRECT LABOR COSTS (Amended)
Section 7.3 of the original Agreement is amended by adding the following language:
For purposes of the Sludge Lagoon Mixing Phase of the Project, the principals and
employees of the ENGINEER Direct Labor Costs are:
Principals
Project Manager
Senior Engineer
Staff Engineer
Senior Technicians
CADD Drafter
Technicians
construction Inspector
Two Person Survey Crew
Clerical
$30.00/hour
$28.85/hour
$27.00/hour
$24.00/hour
$16.00/hour
$15.00/hour
$14.00/hour
$19.50/hour
$90.00/hour
$10.00/hour
ARTICLE 9 - GENERAL CONSIDERATIONS
Section 9.8 of the Original Agreement is deleted and replaced with the following:
9 . 8 INSURANCE
The ENGINEER shall secure and furnish to the OWNER certificates of insurance 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, the following
insurance coverage, naming the OWNER as an additional insured with minimum insurance
coverage as follows:
7
Type of Coverage
Limits
~loyers' Liability;
$100,000 per accident
General Liability:
Bodily Iniury & Property
Damaqe 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
Damage 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 insurance coverage as follows:
Professional Errors and Omission:
$1,000,000 per claim and aggregate
each occurrence.
8
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
MORRISON-MAIERLE, INC.
ENGIN R
BY:
BY:
\
..'-'.\ ...-..,;,\-----......--,---.
(City Manager)
DATE: --=r( I (j l :=--c:=,
DATE:
7 - (, ~ 6~
ATTEST:
By,~:iL~
(Clerk of commission)
APPROVED A~ TO FORM
". / (]
/' / '
BY: ("".. //
H;\0417\028\006\AMEND2.DOC
9
XIfU
AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT
FOR
REHABILITATION AND EXPANSION OF THE SLUDGE LAGOONS
AND
NEW SEPARATOR WASTE HANDLING FACILITY
MM, INC. No. 417.028.07 040 0310
THIS IS AN AGREEMENT made as of July 6 , 2000, between
THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana,
59771-0640 (OWNER) and Morrison-Maierle, Inc., P.O. Box 1113,
Bozeman, Montana, 59771-1113 (ENGINEER).
WHEREAS the parties have entered into a Professional services
Agreement dated January 5, 1996, and Amendment No. 1 to
Professional Services Agreement dated October 6, 1997, herein
referred to jointly as Original Agreement, for professional
engineering services to (a) rehabilitate and expand the sludge
storage lagoons, (b) construct a waste separator handling facility
at the wastewater treatment plant, and (c) provide design and
construction service for the rehabilitation and expansion of the
sludge storage lagoons; and
WHEREAS, the parties desire to amend the provisions of the
Original Agreement to include the design and construction services
of the sludge mixing in order to incorporate that work into the
improvements project currently under contract.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, the parties agree as follows:
ARTICLE 1 - ENGINEERING SERVICES
1. Article 1, "Engineering Services" of the original Agreement is amended by
adding the following paragraphs:
1
1.1.4 Provide design, construction administration, construction
observation, and testing services for the installation of sludge lagoon mixers
in the City of Bozeman's Sludge Lagoon Rehabilitation/Expansion project. The
scope of services shall be to implement report recommendations dated November
11, 1999, with staff input. Refer to Fee Exhibit of the amendment.
ARTICLE 4 - BASIC ENGINEERING SERVICES
Article 4 is amended by adding the following paragraphs:
4.14 FINAL DESIGN
(417.028.07.040.0310)
PHASE
Sludge
Lagoon
Mixing
After acceptance of the report dated November 11, 1999 and receipt of written
authorization to proceed with the Design Phase, ENGINEER shall:
4.14.1. In consultation with OWNER determine general scope, extent and
character of the Project.
4.14.2.
Project.
Prepare plans and specifications and a written description for the
4.14.3. Plans anci Specificatt()_l}~: Specific items to be addressed in the
plans and specifications will include, but not be limited to:
4.14.3.1. Summary of construction requirements with appropriate
drawings for each task included in the project.
4.14.3.2.
plans for sludge mixing.
4.14.3.3. Special design
conditions not covered
specifications.
considerations for Project
in standard construction
tasks
methods
with
or
4.14.4.
ENGINEER
OWNER.
Based on the information contained in the design documents,
will submit a revised opinion of probable Total Project Costs to the
4.14.5. ENGINEER shall prepare and furnish complete copies of bidding
documents 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 proj ect; 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.
2
4.15 BIDDING OR NEGOTIATING
(417.028.07.040.0310)
PHASE
Sludge
Lagoon
Mixing
After written authorization to proceed with the Bidding or Negotiating Phase, ENGINEER
shall;
4.15.1. Assist OWNER in advertising for and obtaining bids or negotiating
proposals for construction contract(s), record prospective bidders to whom
Bidding Documents have been issued, receive and process deposits for Bidding
Documents, and conduct pre-bid conferences.
4.15.2. Provide interpretation or clarification to prospective bidders
regarding the Bidding Documents, and issue addenda as appropriate.
4.15.3.
contractor,
proposed by
portions of
Documents.
Consult with and advise OWNER as to the acceptability of the prime
subcontractors, suppliers and other persons and organizations
the prime contractor(s) (herein call "Contractor(s)") for those
the work as to which such acceptability is required by the Bidding
4.15.4. 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.
4.15.5. Attend the Bid opening, prepare bid tabulation, evaluate bids,
assess bidders I responsiveness and responsibility, and make award
recommendation to OWNER.
4.15.6 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.
4.16 CONSTRUCTION PHASE
(417.028.07.050.0310)
Sludge
Lagoon
Mixing
The responsibilities of the ENGINEER during the sludge lagoon mixing portion of the
Construction phase are summarized as follows;
4.16.1. General Administration of ~onstruc!:ion Cont,_Fact. ENGINEER shall
consult with and advise OWNER and act as OWNER'S representative as provided in
EXHIBIT A - ENgINEER'~ STATUS DURING,CONSTRUC!ION, attached to and made part of
this Agreement and may be further provided under the General Conditions of the
contract documents. The extent and limitations of the authority, duties, and
responsibilities of the ENGINEER on the construction job site as assigned here-
in shall not be modified except as the ENGINEER may otherwise agree in writing.
All of OWNER's instruction to Contractor(s) will be issued through ENGINEER
who will have authority to act on behalf of OWNER to the extent provided in the
General Conditions except as otherwise provided in writing.
In addition to the services provided under Article 10 (Exhibit A) the ENGINEER
shall provide the following services during construction;
3
4.16.1.1
Schedule and conduct a pre-construction conference.
4.16.1.2 Provide personnel, equipment and supplies for construction
layout and control, including establishment of line and grade.
4.16.1.3 Review Contractors' construction schedules and operations,
the Contractors' traffic control plans, and its implementation prior to
the start of construction.
4.16.1.4 Ascertain that the Contractor has secured required permits
needed to accomplish his work.
4.16.1.5 Prepare and provide weekly activity and progress reports to
the City's Task Director.
4.16.1.6 Provide OWNER copies of all correspondence between the
ENGINEER and Contractor.
4.16.1.7
whole or
with the
With OWNER'S approval, issue stop and resume work orders, in
in part, when work is not or cannot be performed in accordance
Contract Documents.
4.16.1.8
technical
submittals
Review and approve, for conformance
specifications, all shop drawings, and
required by the Contract Documents.
with
other
the project
Contractor
4.16.1.9 During construction review Contractors' construction
schedules and evaluate conformance and progress under the Contract time
provisions.
4.16.1.10 Prepare for OWNER'S approval any plan and specification
changes which due to any initial design or engineering deficiencies are
required to complete the project original design concept.
4.16.1.11 Observe the project and when appropriate, and after
conferring with OWNER, issue a Certificate of Substantial Completion to
the Contractor.
4.16.1.12 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
the ENGINEER shall provide a statement in writing, to the OWNER and any
required regulatory agencies, that to the best of his knowledge,
information and belief, the project was constructed in accordance with
the approved plans and specifications and is performing in accordance
with the design concept.
4.16.1.13 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
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 proj ect
representative shall also be subject to the OWNER'S approval.
4.16.2. ResideI].t Project Repr~~entativ~_=- ENGINEER shall provide a
qualified Resident Project Representative at the job site to provide
observation of the work as provided in EXHIBIT B - A LISTING OF THE DUTIES,
RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT
REPRESENTATIVE, attached to and made part of this Agreement.
4.16.3Limitations o~ Respons~pilities. ENGINEER will not be responsible for
CONTRACTOR I 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.
4.17. PROJECT DOCUMENTATION
(417.028.07.050.0310)
Sludge
Lagoon
Mixing
ENGINEER shall furnish OWNER with (a) one mylar copy and two paper copies of the
Project Record Drawings, (b) written monthly progress reports, and (c) a project
notebook containing such correspondence and documentation as requested by OWNER.
ARTICLE 6 COMPENSATION
(417.028.07.040.0310)
FOR
ENGINEERING
SERVICE
Article 6 is amended by adding the following paragraphs:
6.6 LUMP SUM PAYMENT FOR DESIGN SERVICES AND EXPENSES OF ENGINEER - SLUDGE LAGOONS
6.6.1 Lump Sum Payment~ The OWNER shall for design phase services performed as
Basic Engineering Services under sections 4.14 through 4.15 of this agreement
pay a lump sum in the amount of $7,045 ._.P_Q for such services.
6.6. 2 ~ent Schedule. Total
engineering services (sections
following ceilings:
cumulative payments
4.14 through 4.15)
for the design phase
shall not exceed the
$6,340.503 (90% of design fee) until the Final plans and specifications have
been submitted to the OWNER and review authorities.
6.6.3 Gene~al. Engineer shall submit monthly statements for services rendered.
The statements shall be based upon Engineer's estimate of the proportion of
the total services actually completed at the time of billing, subject to any
limitations on Payments based on completion of tasks or specific retainage
requirements pursuant to the payment provisions of the Agreement.
5
6.6.4 Reimbursable Expenses. Only those expenses specifically identified for
payment under section 6.5 are reimbursable. All other design related expenses
are included in the Lump Sum Payment for the Basic Services (4.14 through 4.15)
and are not separately reimbursable. Additional services specifically
identified under the scope of design services for payment under 6.6 are not
separately reimbursable.
6.7 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER.
construction and project documentation services performed as Basic Engineering
Services under sections 4.16 through 4.17, including General Administration of
Construction Contract, Resident Project Representation, and Project Documentation,
shall be compensated in accordance with the following:
6.7.1 The OWNER shall pay for Construction Phase and Project Documentation
Services an amount not.._to exceed, ,$2, 527.50 except as provided under 6.7.1.2.
6.7.1.1 ~?sts compe~sation. Compensation for these services shall be
based on the ENGINEER's Direct Labor Cost times a factor of 2.99 for
services rendered which shall cover Direct Labor, Direct Labor Overhead,
General & Administrative Overhead and Profit.
6.7.1.2 ~?tification. At any time during the construction that it
becomes apparent that the Construction phase and Project Documentation
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 6.7.1.3. If it is determined that due to a change in
proj ect scope under paragraph 5.2.1 of the Original Agreement, the
ENGINEER is entitled to additional compensation, OWNER and ENGINEER may
negotiate terms as provided under 6.7.1.1. The amount and terms of any
additional compensation under 6.7.1.1 or 6.7.1.3 shall be negotiated and
agreed in writing pursuant to 9.15 of the Original Agreement.
6.7.1.3 Cos.ts Exceedt.:nq Estimat~ci Compensat~'2-l}. Except as allowed
under 5.2.1 of the Original Agreement, when the total cost of the
original scope Construction Phase and Project Documentation 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 Cost times a factor of 2.701 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
6.7.2. Reimb~rsable _.Expens~,I3.-, as defined in section 7.4 of
Agreement, the amount for Basic Services and Approved Additional
be paid to the ENGINEER by the OWNER in the actual amount
incurred.
the original
Services shall
of the costs
6.7.3. Fa~led 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 of the construction of the project
and recommend an amount the OWNER may deduct from the contractor(s) payments.
ARTICLE 7 - MEANING OF TERMS
7.3 DIRECT LABOR COSTS (Amended)
Section 7.3 of the Original Agreement is amended by adding the following language:
For purposes of the Sludge Lagoon Mixing Phase of the Project, the principals and
employees of the ENGINEER Direct Labor Costs are:
Principals
Project Manager
Senior Engineer
Staff Engineer
Senior Technicians
CADD Drafter
Technicians
Construction Inspector
Two Person Survey Crew
Clerical
$30.00/hour
$28.85/hour
$27.00/hour
$24.00/hour
$16.00/hour
$15.00/hour
$14.00/hour
$19.50/hour
$90.00/hour
$IO.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 terms and conditions
therein.
ARTICLE 9 - GENERAL CONSIDERATIONS
Section 9.8 of the Original Agreement is deleted and replaced with the following:
9.8 INSURANCE
The ENGINEER shall secure and furnish to the OWNER certificates of insurance 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, the following
insurance coverage, naming the OWNER as an additional insured with minimum insurance
coverage as follows:
7
1'YP_~ of Coverage
Limits
~~ployers' Lia~i;ity:
$100,000 per accident
General L~?bility:
~odily Injury._& Property
Do:~CJ,~ Single and Combined
~1:,ggo,ooo per accident
Automobile:
Bodily__.I}liury 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
Pr?perty 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 Inju~y & Property
Damage Single and combined
$5QO,OOO 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 insurance coverage as follows:
Professional Errors and Omission:
$1, OOO,QOO per claim and aggregate
each occurrence.
8
In witness Whereof, the Parties hereto do make and execute this
Agreement.
BY:
CITY OF BOZEMAN, MONTANA
-} \. .
~J ~~ ~ _
. .,
(Clty Manager)
MORRISON-MAIERLE, INC.
ENGINEER
BY :(.~)---- ~
c--<, (Vice-President)
DATE:
July 6, 2000
DATE: f\p,-': \
\ -r
20e,c
ATTEST:
BY, (2J::;I ~
(Clerk of Commission)
APPROVED AS TO FORM
BY, if~~~kt{fZ
(City . orn y)
H:\0417\02S\006\AMEND2.DOC
9