HomeMy WebLinkAbout01- Morrison-Maierle Professional Services Agreement
PROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made as of January 29 ,2001, between THE CITY OF
BOZEMAN, a Municipal Corporation, Bozeman, Montana, 59715 (OWNER) and
Morrison-Maierlc, Inc., Bozeman, Montana, (ENGINEER).
Whereas the accomplishment of the work and services described in this Agreement is essential to the
OWNER'S public works improvement program.
Whereas the OWNER intends to make improvements to the City of Bozeman Municipal Water
System, and has selected the EN GINEER to provide necessary and professional engineering services
for the project.
Whereas the ENGINEER represents that it is willing and qualified to perform the professional
engineering services for this project described in this Agreement.
Therefore, in consideration of the foregoing recitals and the mutual covenants and conditions
contained herein, the parties agree as follows:
The conditions and provisions set forth in the attached EXHIBIT A, ENGINEER'S STATUS
DURING CONSTRUCTION, EXHIBIT B, A LISTING OF THE DUTIES, RESPONSIBILITIES
AND LIMITATION OF AUTHORITY OF THERESIDENTPROJECTREPRESENTA TIVE,and
EXHIBITS C, C-l & C-2, ENGINEERING FEE ESTIMATE are included by this reference and
hereby incorporated in and made part of this Agreement.
ARTICLE 1 - ENGINEERING SERVICES
1.1. The detailed description ofthe specific project components is described as follows:
1.1.1 PRESEDlMENT A nON/SURGE BASIN
Provide Engineering Services as follows:
· Review existing data, previous studies and previous recommendations. Based on existing and
projected water usage and current and future plant capacity, identify alternative design volumes
and basin configuration options.
· Based on pond volumes and configuration options, identify alternative basin locations. Provide
geotechnical evaluation of possible sites identified and detail any problems and/or improvements
required.
· Prepare and submit to the City a Pre-design Report which discusses in detail possible alternative
designs for the presedimentation/surge basin. At a minimum this report will anticipate how the
possible basin designs may be incorporated into future Water Treatment Plant expansion,
recycling of backwash water to minimize wastage, the potential for algae growth and its impact
on the treatment process, and changes in the water chemistry associated with and without the use
of pretreatment chemical. The report will also provide cost estimates for identified alternatives.
· Based on the selected basin design, provide necessary topographic survey services,design,assist
in the bidding process, and provide project construction staking, construction inspection and
reeord drawings.
1.1.2 SOURDOUGH BYPASS & STORAGE TANKS ALTITUDE VALVES
. Review existing data, current water plant operational controls, previous studies and previous
recommendations.
. Prepare a hydraulic profile of existing souths ide storage tanks and water plant clearwell.
· Perfornl a dctailed assessment and prep arc a Pre-design memo discussing alternatives for the
bypass piping, and altitude valves installation and operation.
. Identify how operation ofthe water plant may be affected by the installation of altitude valves.
. Once piping and valving alternative(s) are selected by the City, provide topographic surveys as
needed, engineering design (including geotechnical assessment as necessary),assistancewith the
competitive bidding process, construction staking and inspection and record drawings for the
project.
1.2. The scope of services under this contract are set forth in this agreement and the attached EXHIBITS.
ARTICLE 2 - ENGINEER'S RESPONSIBILITIES
2.1. ENGINEER shall perform for OWNER professional engineering services in all phases of the Project to which this
Agreement applies as hereinafter provided. These services will include, but not be limited to, serving as OWNER's
professional engineering representative for the Project, providing professional engineering consultation and advice and
furnishing customary civil and structural engineering services incidental thereto.
2.2. The ENGINEER shall furnish all labor, materials, equipment, supplies, and incidentals nccessary 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 dcsignated herein.
2.3. The ENGINEER shall ascertain such information as may have a bearing on the work from local unitsofgovemment,
public, and private organizations and shall be authorized to procure information from other authorities as to the extentofthese
contacts and the results thereof.
2.4. The ENGINEER'S work shall be in accordance with the standards of sound engineering practices.
2.5. The ENGINEER shall name a Principal-In-Charge for the duration of the project. The Principal-In-Charge shall be
Jack Schunke, P.E., Vice President.
2.6. The ENGINEER shall name a Project Manager who shall be the liaison between the ENGINEER and the OWNER.
The Project Manager shall be Phillip J. forbes, P.E. The OWNER may name a Task Director who would be the liaison
between the ENGINEER and the OWNER during the design segment of the Project.
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 Rick Hixson, P.E.
3.2 The OWNER shall have the right ofreview and examination ofthe 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.
Profess Serv Agree
2
3.4 The OWNER will be responsible for Advertising Bid Openings.
3.5 The OWNER shall attend the pre-bid conferences, bid openings, pre-constructionconferences,constructionprogress
and other job related meetings, substantial completion inspections and final payment inspections.
ARTICLE 4 - BASIC ENGINEERING SERVICES
The ENGINEER shall render professional Engineering Services as follows:
4.1 PRE-DESIGN INVESTIGATION PHASE
After written authorization to proceed, ENGINEER shall:
4. I. I Consult with OWNER to clarify and define OWNER's rcquirements 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 havingjurisdiction to approve the design of
the Project and participate in consultations with such authorities.
4. 1.4 Provide analyses of OWNER'S needs, planning surveys, site evaluations and comparative studies of
prospective sites and solutions.
4.1.5 Provide a general economic ~ review of OWNER's requirements existing budget authority applicable
to various alternatives.
4.1.6 Prepare a Report containing schematic layouts, sketches and conceptual design criteria with appropriate
exhibits to indicate clearly the considerations involved (including applicable requirements of governmental
authorities having jurisdiction as aforesaid) and the alternative solutions available to OWNER and setting forth
ENGINEER's findings and recommendations. This Report will be accompanied by ENGINEER's opinion of
probable costs for the Project, including the following which will be separately itemized: Construction Cost,
allowance for engineering costs and contingencies, and (on the basis of infonnation furnished by OWNER)
allowances for such other items as charges of all other professionals and consultants, for the cost of/and and rights-
of-way, for compensation for or damages to properties, for interest and financing charges and for otherservicesto be
provided by others for Owner. The total of all such costs, allowance, etc. are hereinafter called "Total Project Costs".
4. 1.7 Furnish five (5) copies of the Study and Report documents and review them in person with OWNER.
Water Treatment Plant Presedimentation/Surge Basin
4.1.8 Develop hydraulic profile of existing,21ant..Qrocesses: This task will involve profiling the hydraulic grade
line from the Sourdough and Hyalite intakes through the existing water treatment plant filter trains.
4.1.9 Analyze streamflow & diversion records to detennine surge basin volume~ Records from both Sourdough
and Hyalite Creeks will be examined to detemline the optimal size of a surge basin.
4. I. I 0 Analyze water chemistry & treatment: In this task, the plant flows, turbidity, chemical usage data will be
analyzed to evaluate and size chemical feed systems for pretreatment process. Historical data will be supplemented
by on-site testing during the spring runoff to verify the chemical requirements and the settling characteristics ofthe
chemically treated water.
~rofess Serv Agree
3
4.1.11 Propose alternat~,S:.2..l}flgurations of surge / presedimentation basins: Two basic alternates will be analyzed
under this task: a) presedimentation and surge basin combined into a single structure; and b) separate
presedimentation and surge basins. The primary analysis criteria to be considered are the system hydraulics,settling
characteristics of the raw water supplies and sludge handling process of each alternate Each of the basic alternates
will be analyzed for current and future operations.
4.1.12 Assess other design concerns: Under this task other concerns such as odor, algae, freezing,wildlife,sludge
removal and disposal, geotechnical, and known neighborhood concerns regarding the surge basin location, design
and landscaping will be considered.
Sourdough Bypass & Storage Tanks Altitude Valves
4.1.13 Qata Collection/Review: The ENGINEER will consult with the OWNER to compile record drawings and
othcr information that may be available regarding existing piping and valves surrounding the Sourdough Reservoir.
Limited GPS surveys will be performed to verify the location of the various appurtenances. The City of Bozeman
Water Facility Plan will bc used as the source t'Or water usage figures.
4. I .14 Hydraulic AnalY~,~ Using information obtaincd in 4.1.13, a hydraulic profile of the two southsidcstorage
reservoirs and the water treatment plant clearwell will be prepared. An analysis will be performed to optimize the
size ofthe bypass piping and utilization of existing facilities. The analysis will consider the needs and requirements
of the bypass piping as it relates to the City of Bozeman Water Facility Plan.
4.1.15 Preliminary Piping Layouts: Provide analyses of piping surrounding the Sourdough storage reservoir to
install bypass piping necessary to isolate all ofthe existing piping and valves directly outside the tank for the purpose
of repairs and maintenance. The information obtained in 4.1.13 and 4.1.14 will be incorporated to evaluate
prospective piping alternatives.
4,1.16 Altitude Valves Analysis: This task will analyze the placement and operation ofa]titude valves at the
Sourdough and Hilltop watcr storage tanks, and how water plant operational control may need to be modified with
the bypass piping and altitude valves in-place.
4.1.17 ConstructabiI i!y")3.evis:w: This task will review constructability issues of the work to be performed at the
Sourdough Reservoir with respect to operation of the water system. Constructability issues with respect to site
conditions, the nature of the work, materials, and scheduling/sequencing will be considcred.
The Pre-design Investigation Phase will be completed and submitted within 120 calendar days following written authorization
from OWNER to ENGINEER to proceed with that phase of services.
4.2 PRELIMINARY DESIGN PHASE
After acceptance ofthe pre-design report and receipt of written authorization to proceed with the Preliminary Design Phase,
ENGINEER shall:
4,2.1. In consultation with OWNER determine general scope, extent and character of the Project.
4.2.2. ENGINEER shall then prepare a Preliminary Design Report, preliminary plans and specifications and a
written description for the Project.
4.2.3. Preliminary Design Report: Specific items to be addressed in the design report will inelude, but not be
limited to:
4.2.3.1. Summary of construction requirements with appropriate drawings for each task includcd in the
project.
Profess Serv Agre:Q
4
4.2.3.2. Plans for providing water and sewer services for affected properties during construction.
4.2.3.3. Summary geotechnical report for specific tasks, if needed.
4.2.3.4. Special design considerations for Project tasks with conditions not covered III standard
construction methods or specifications.
4.2.3.5. A traffic control plan for each project task, if necessary.
4.2.4. p~~i,gru~nd Construction Survey: The ENGINEER shall conduct additional design field survey of the
project areas, as identified during the Pre-design Phase, 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 mcasured drawings of or investigating conditions of existing facilities. The ENGINEER
shall provide suitable horizontal and vertical reference control points for the construction phasc.
4.2.5. Permits and Rights-of-Way: The ENGINEER shall obtain approved permits, licenses, and/or easement
agreements from private landowners and any other agencies or entities requiring similar approvals prior to bidding.
These approvals will be coordinated with the OWNER and will be made on easement and permit documents
approved by the OWNER. Information and easement descriptions provided in the Basic Engineering Services will
be based on data available from dcsign surveys and courthouse records.
4.2.6. Geotechnical Explorations and Analysis, The ENGINEER shall conduct additional geotechnical
explorations and analysis, as determined during thc Pre-design Phase, for project design and bidding. A geotechnical
report will be prepared with recommendations relating to conditions pertinent to the design and construction ofthe
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 ofthe rcport with Contractors in a pre-bid meeting. The report is to be preparcd
for design purposes; ENGINEER will not be responsible if it is used by others for other purposes.
4.2.7. Preliminary Plans and Specificatio!}~. Prepare preliminary construction plans and specifications with
information which addresses the special features of each project task.
4.2.8. Based on the information contained in the preliminary design documents, ENGINEER will submit a revised
opinion ofprobablc Total Project Costs to the OWNER.
4.2.9. ENGINEER shall prepare and furnish complete copies of preliminary bidding documents and design report
as requested to OWNER and at the same time furnish copies as directed by OWNER to agencies and/or parties
having rcgulatory responsibilities or direct financial participation in any part of the projcct; 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 O\VNER
and incorporated into the final plans and specifications.
Water Treatment Plant Presedimentation/Surge Basin
Sourdough Bypass & Storage, Tanks Altitude Valves
OWNER and ENGINEER will negotiate the full scope of services to be provided during the Preliminary Design Phase
upon completion ofthe Pre-design Investigation Phase and selection ofaIternatives. This contract will he amended to
include these services at a later date.
The Preliminary Design Phase will be completed and submitted within __ calendar days following written authorization
Profess Serv Agree
5
from OWNER to ENGINEER to proceed with that phase of services.
4.3 FINAL DESIGN PHASE
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 thc revised opinion of probable Total
Project Costs, prepare for incorporation in the Contract Documents final drawings and Technical Spccifications of
sufficient detail to show the general scope, extcnt and detailed character of the work to be furnished and performed
by the Contractor(s) suitable for use in the project bidding and construction.
4.3.2. Advise OWNER of any adjustments to the latest opinion of probable Total Project Costs caused by changes
in general scope, extent or character or design requirements of the Project or Construction Costs. Furnish to
OWNER a revised opinion of probable Total Project Costs based on the Drawings and Specifications.
4.3.3. Prepare for review and approval by OWNER, its legal counsel and other advisors, contract agreement
forms, general conditions and supplementary conditions, and (where appropriate) bid forms, invitations to bid and
instructions to bidders, special provisions, technical specifications, and standard drawings, and otherrelatedcontract
documents in conformance with the latest edition of the Montana Public Works Standard Specifications (MPWSS)
and City of Bozeman Modifications to MPWSS adopted by the City of Bozeman.
4.3.4. Furnish OWNER six copies of the Contract Documents (including design drawings, specifications and
contracts).
The Final Phase will be complete and submitted within _ calendar days following written authorization from OWNER to
ENGINEER to proceed with that phase of services.
4.4 BIDDING OR NEGOTIATING PHASE
After written authorization to proceed with the Bidding or Negotiating Phase, ENGINEER shall:
4.4.1. Assist OWNER in advertising for and obtaining bids or negotiating proposals for construction contract(s)
and record prospective bidders to whom Bidding Documents have been issued, receive and process deposits for
Bidding Documents and conduct pre-bid conferences.
4.4.2. Provide interpretation or clarification to prospective bidders regarding the Bidding Documents. and issue
addenda as appropriate.
4.4.3. Consult with and advise OWNER as to the acceptability ofthe prime contractor, subcontractors, suppliers
and other persons and organizations proposed by the prime contractor(s) (herein call "Contractor(s)") for those
portions ofthe 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.
profess Se~v ~g~ee
6
4.5 CONSTRUCTION PHASE
The responsibilities of the ENGINEER during the Constmction Phase are summarized as follows:
4.5.1. General Administration ofConstructiQn Co!!tract. ENGINEER shall consultwith and advise OWNER and
act as OWNER'S representative as provided in EXHI!!U A - ENGINEER'S ST A TlIS DUJ~JNG
CONSTRUCTlOl'{, attached to and made part of this Agreement and may be further provided under the General
Conditions ofthc contract documents. The extent and limitations ofthe authority, duties, and responsibilities ofthe
ENGINEER on thc construction job site as assigned here-in shall not be modificd 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 behalfofOWNER 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 ENGINEERshall providcthe following services
during construction:
4.5. 1.1 Schedule and conduct a pre-construction conference.
4.5.1.2 Provide personnel, equipmcnt and supplies for construction layout and control, including
establishment ofline, grade, and blue top control staking.
4.5.1.3 Review Contractors' constmction schedules and operations, and the Contractors' traftic control
plans and its implementation prior to the start of construction.
4.5.1.4 Ascertain that the Contractor has secured required permits needed to accomplish his work.
4.5.1.5 Prepare and provide weekly activity and progress reports to the City's Task Director.
4.5.1.6 ENGINEER shall provide OWNER copies of all correspondence between the ENGINEER and
Contractor.
4.5.1.7 Issue stop and resume work ordcrs, in whole or in part, when work is not or cannot be performed
in accordance with the Contract Documents.
4.5.1.8 Review and approve, for conformance with the project technical specificationsall shop drawings,
and other Contractor submittals required by the Contract Documents.
4.5.1.9 During construction review Contractors' construction schedules and cvaluate conformance and
progress under the Contract timc provisions.
4.5.1.10 Prepare for OWNER'S approval any plan and spccification 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 Certificateof
Substantial Completion to the Contractor.
4.5 .1.12 Prior to recommending final payment, schedule and conduct with the OWNER a tlnal 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 ENGINEERshall 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 pcrforming in accordance with the design concept.
4.5.1.13 Eleven months after project substantial completion schedule and conduct with the Owner a One
Year Warranty Inspection ofthe project and advise the owncr in writing whether project deficiencies exist
Profess Serv Agre@
7
and if the project is performing in accordance with the design concept.
4.5.2. Resident Project Representative. ENGINEER shall provide a qualified Resident Project Representative at
the job site to provide observation of the work as provided in EXHIBIT B - A LISTING OF THE DUTIES,
RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT
REPRESENT A TIVE., attached to and made part ofthis Agreement.
The ENGINEER shall submit to the OWNER, for review and acceptance, the resume of each Resident Project
Representative who may be assigned to the job site during the course of the Project not less than 10 calendar days
prior to the pre-construction meeting. Any subsequent change in the resident representative shall also be subject to
the OWNER'S approval.
4.5.3 Lif.lJl1.ations of Responsibilities. ENGINEER will not be responsiblefor CONTRACTOR'smeans, 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 perfornl or furnish the Work in accordance with
the Contract Documents; however, nothing contained in this agreement shall be construed to release ENGINEER
from liability for failure to properly perform duties and responsibilities assumed by ENGINEER in the Contract
Documents.
4.6. PROJECT DOCUMENTATION
ENGINEER shall furnish OWNER with a) one mylar copy and two papercopiesofthe Project Record Drawings("As-Builts"),
b) written monthly progress reports, and c) a project notebook containing such correspondenceand doclmlentationas requested
by OWNER.
4.7. CONSTRUCTION TESTING
The inspection services shall include material testing and verification of contract compliance with job site requirements,plans
and specifications.
The ENGINEER shall provide and maintain detailed documentation of the following material testing:
1) Concrete strength, air content and slump
2) Embankment, trench backfill, and gravel and pavement densities
3) Aggregate gradations
4) Plant mix strength, flow and asphalt content
ARTICLE 5 - ADDITIONAL SERVICES
5.1. If OWNER wishes ENGINEER to perform any of the following Additional Services, OWNER shall so instruct
ENGINEER in writing, and ENGINEER shall perform or obtain from others such services and will be paid therefor as
provided in thc Agreement:
5. I.] . Legal land surveys performed to obtain data for preparing easemcnts and rights-of-way descriptions.
5.1.2. Preparation of applications and supporting documents for governmental agencies in addition to those
required under Basic Services; preparation or review of environmental studies and related services; and assistancein
obtaining environmental approvals.
5.1.3. Services resulting from significant changes in the general scope, extent or character ofthe Project or major
changes in documentation previously accepted by OWNER where changes are due to causes beyond ENGINEER's
control.
Profess Serv Agre@
8
5.1.4. Providing renderings or models.
5.1.5. Preparing documents for alternate bids requested by OWNER for work not executed or for out-of-sequence
work.
5.1.6. Providing other services not otherwise provided for in the Agreement, including services normally
furnished by the OWNER as elsewhere herein described.
5.1.7. Furnishing the services of independent professional associates or consultants for other than Basic Services.
5.2. When required by the ContractDocuments in circumstances beyond ENG INEER'scontrol, ENGINEERshall perform
or obtain from others any of the following Additional Services as circumstances require during construction and without
waiting for specific instructions from OWNER, and ENGINEER will be paid therefor as provided in this Agreement:
5.2.1. Services in connection with work directive changes and change orders to reflect the changes requested by
OWNER if the resulting change in compensation for Basic Services is not commensuratewith 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 (I) work damage by fire or other
causes during construction, (2) a significant amount of defective or neglected work of any Contractor, (3)
acceleration of the progress schedule involving services beyond normal working hours, (4) default by any Contractor.
ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE
6.1 LUMP SUM PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER
6. 1.1 The OWNER shall pay for pre-design phase services performed as Basic Engineering Services under
section 4.1 of this agreement a lump sum payment in the amount of $68,423.00 for such services.
6.1.2 ~!!leI.!t Sc.b~dul~ Total cumulative payments for the pre-design phase engineering services (section 4. I)
shall not exceed the following ceiling:
$ 51,317.00 (75 % ofpre~design fee) until the Pre-design Investigation Report is initially submitted to the OWNER.
The fee amount and payment schedule for subsequent project work will be developed and negotiated upon
completion ofthe pre-design phase.
6.1.3 General. Engineer shall submit monthly statements for services rendered. The statements shall be based
upon Engineer's estimate of the proportion of the total services actually completed at the time of billing, subject to
any limitations on Payments based on completion oftasks or specific retainagerequirementspursuantto the payment
provisions of the Agreement.
6.1.4 Reimbursable Expenses. Only those expenses specifically identified for payment under section 6.2 ofthis
Agreement are reimbursable. All other design related expenses are included in the Lump Sum Payment for the Basic
services (4.1 through 4.4) and are not separately reimbursable. Additional Services specifically identified under the
scope of design services for payment under 6.1 are not separately reimbursable.
profess Serv Agree
9
6.2 LUMP SUM PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER
6.2.1 The OWNER shall pay for preliminary and final design phase services performed as Basic Engineering
Services under sections 4.2 through 4.4 of this agreement a lump sum payment to be determined upon completion
and acceptance of deliverables of the Pre-design phase under section 4.1.
6.2.2 Payment Sche<!~.l~" Total cumulative payments for the preliminary and final design phase engineering
services (sections 4.2 through 4.4) shall not exceed the following ceilings:
$
(20 % of design fee) until the Preliminary Design Report is submitted to the OWNER.
~_._.... (50 % of design fee) until the Preliminary Plans and Spccifications are submitted to the
OWNER and review authorities.
$
and review authorities.
(90% of dcsign fee) until the Final Plans and Specifications are submitted to the OWNER
6.2.3 General. Engineer shall submit monthly statements for services rendered. Thc statements shall bc based
upon Engineer's estimate ofthe proportion ofthe total services actually completed at the time of billing, subject to
any limitations on Payments based on completion of tasks or specific retainagerequirementspursuantto the payment
provisions ofthe Agreement.
6.2.4 R.~i..I1J..Qursable Expenses. Only those expenses specifically identified for payment under section 6.2 ofthis
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 6.1 are not separately reimbursable.
6.3 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER.
Construction and project 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 Project Documentation Services an amount not to
exceed an~fl1Q!!.l}t to be determined upon completion of the prc-design phase except as provided under 6.3.1.2 and
6.3.4.
6.3.1.1 Costs Compensation. Compensation for these services shall be based on the ENGINEER's Direct
Labor Cost times a factor of~ 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 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 ofthc project work. ENGINEER shall obtain written authorization
from OWNER, prior to any additional costs being incurred under paragraph 6.2.1.3. Ifit is determined that
due to a change in project scope under paragraph 5.2.1, the ENGINEER is entitled to additional
compensation, OWNER and ENGINEER may negotiate terms as provided under 6.2.1.1. The amount and
terms of any additional compensation under 6.2.1.1 or 6.2.1.3 shall be negotiated and agreed in writing
pursuant to 9.16.
6.3.1.3 Costs Exceeding 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
Profess Serv Agree
10
estimated compensation. These costs consist of an amount equal to the ENGINEER'S Direct Labor Cost
times a factor of 2.61 for services rendered which shall include Direct Labor, the federally audited payroll
Direct Labor Overhead, and General & Administrative Overhead costs, but shall not include any allowance
for profit.
6.3.2. 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 ofthe costs incurred up to
an amount not to exceed $ which includes $ for consultants employed by the Engincer and
$ for all other reimbursable expenses. The estimated reimbursable expenses are identified in Exhibit
6.3.3. F))led Test E?SP~_nse~. The ENGINEER shall maintain and provide to the OWNER, a record of the costs
associated with failing quality control tests performed for the OWNER during the course ofthe construction of the
project and recommend an amount the OWNER dcduct from the contractor(s) paymcnts.
6.3.4 The OWNER shall pay an amount for Additional Serviccs rendercd by the ENGINEER and approved in
writing by the OWNER on thc basis ofthe ENGINEER'S Direct Labor Costs times a factor of 3.0_, or an amount
otherwise negotiated at the time such services are requested and approved by the OWNER.
ARTICLE 7 - MEANING OF TERMS
7.1 AGREEMENT
As used herein the term "this Agreement" refers to the contents of this document and its Exhibits attached hcrcto and referred
to as ifthey were part of one and the same document.
7.2 CONSTRUCTION COSTS
The construction cost ofthe entire Project (herein referred to as "Construction Cost") means the total cost to OWNER ofthose
portions ofthe entire Project designed and specified by ENGINEER, but it will not includc ENGINEER's compensation and
expenses, the cost ofland, rights-of-way, or compensation for or damages to, properties unless this Agreementso specifies,nor
will it includc OWNER's lcgal, accounting, insurancc counscling or auditing services, or interest and financing charges
incurred in connection with the Project or the cost of other services to be provided by others to OWNER.
7.3 DIRECT LABOR COSTS
Direct Labor Costs used as a basis for payment mean the actual salaries and wages paid to all ENGINEER'spersonnelengaged
dircctly on thc 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. Forthe
purposes of this Agrecment the principals and employees of the ENGINEER maximum billable Direct Labor Costs are:
Principal
Senior Engineer
Project Manager
Staff Enginccr
Senior Technicians
CADD Drafter
Technicians
Construction Inspector
Two Person Survey Crew
Clerical
Profess Serv Agree
$ 37.67/hour
$ 34.00/hour
$ 27.66/hour
$ 21.67/hour
$ 22.61/hour
$~OO/hour
$ 16.00/hour
$ 20.00/hour
$ 44.00/hour
$ 1O.67/hour
11
7.4 REIMBURSABLE EXPENSES
Rcimbursable 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: transportationand subsistence incidental
thereto; obtaining bids or proposals from Contractor(s); subsistence and transportation ofResidcntProject Representativesand
their assistants; toll telephone calls and telegrams; reproduction ofreports, Drawings, Specifications, Bidding Documentsand
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 billcd 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 specializcd equipment, including an appropriate chargc for prcviously established programs and expenses of
photographic production techniques.
ARTICLE 8 - PAYMENT PROVISIONS
8.1 TIMES OF PAYMENTS. ENGINEER may submit monthly statements for Basic Services and approvedAdditional
Services rendered and for Reimbursable Expenses incurred; however, payments shall not exceed the ceilings provided in 6.1
and 6.2. Final payment shall be made only after acceptance ofthe project by thc OWNER. If OWNER disputes the amount of
the billing, OWNER will notify the ENGINEER in writing within ten (10) calcndar days of the receipt of bill of the dispute.
8.2 REQUESTS FOR PAYMENT. Each request for payment shall include a documentation summary of the period
incremental man hours incurred, direct labor rates and billed rates, detail of reimbursable costs, total period billing, and total
cumulative billing. When requested by OWNER services for distinct project segments shall be accounted and billed
separately.
8.3 PA YMENT UNDER TERMINATION. In the event oftermination by the OWNER upon the completion of any
phase of the Basic Services, progress payments due ENGINEER for services rendered through such phase shall constitutetotal
payment for such services. In the event of such termination by OWNER during any phase ofthc 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
ofthe Agreement. In the event of any such termination, ENGINEER will be paid for unpaid pre-approved Additional Services
and unpaid Reimbursable Expenses which are authorized under this agreement.
ARTICLE 9 - GENERAL CONSIDERATIONS
9.1 TERMINATION OF AGREEMENT
9.1.1 The sole right is hereby reserved to the OWNER to terminate this Engineering Agreement for any and all
causes or for its convenience at any time upon fifteen (15) days written notice to the ENGINEER.
9.1.2 If termination for dcfault 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 unperfomled 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. Iftermination 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 thc termination.
9.1.3 Upon receipt ofa termination action under paragraph 9.1.2, the ENGINEER shall (I) promptlydiscontinue
all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make availablc 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 performingthis Agreement, whether
Profess Serv Agree
12
completed or in process.
9.1.4 In the event this Contract is terminated prior to completion, the original copies of the ENGINEER'S data,
recommendations, plans, specifications, analysis and other related documents prepared by the ENGINEER prior to
said termination shall be delivered to and become the property ofthe 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 tcrminate is in addition to any other rcmedies OWNER may have under the law.
9.2 INSPECTION AND AUDIT
All books, papers, records, payrolls, vouchers and invoices relating to costs and expenditures incurred as to the performanceof
the services by the ENGINEER hereunder shall be made available to the OWNER, or their authorized rcprescntativesfor audit
and review, at the ENGINEER'S respective offices at all rcasonable times during thc 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 employecs working solely for the ENGINEER, any fcc, 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, thc 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,brokeragefee, giftor
contingent fee.
All employees of the ENGINEER or other persons while engaged in the performance of work or services required by thc
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 ] 40, 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 writtcn 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 scrvice 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 expcnse. 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-performanee of services. The OWNER's rights
herein are in addition to any other remedies the OWNER may have under the law.
9.7 LEGAL RELATIONS
9.7. I The ENGINEER shall eomply with all Federal, State, and Local laws and ordinancesapplicableto the work
to be done.
Profess Serv Agree
13
9.7.2 The ENGINEER agrees to indemnity, hold hannless, and defend the OWNER, its officers, directors,
agents, and employees from and against any suits, causes of action, claims, demands, damages, costs, expenses,
obligations, and liability of any character, including attorney's fees, arising out of or resulting from or in connection
with the ENGINEER's negligent perfonnance ofthe services specified in this agreement. In the event the OWNER
is found proportionately responsible, the ENGINEER will be held responsible only for those damages, costs,
attorney's fees. and liabilities as are attributable to the ENGINEER'S percent offault as compared with 100% of the
fault giving rise to the damages.
9.7.3 The ENGINEER agrees to indemnity, hold harmless and defend the OWNER, its officers,directors,agents,
and employees from and against any suits, causes of action, claims, demands, damages, costs, expcnses, obligations,
and liability of any character, including attorney's fees, arising out of or resulting from or in conncction with the
ENGINEER's non-negligent perfonnance of the services specified in this agreement. In the event the OWNER is
found proportionately responsible, the ENGINEER will be held responsible only forthosedamages,costs,attorney's
fees, and liabilities as are attributable to the ENGINEER's percent offault as compared with 100%ofthe fault giving
rise to the damages.
9.7.4 In an appropriate case in which attorney's fees are awarded to the OWNER following a wrongful refusal of
a tender of defense, said fees may include fees and salary paid by the OWNER to the City Attorney or other in-house
counsel.
9.7.5 The indemnity required herein shall not be limited by reason ofthe specificationof any particular insurance
coverage in this agreement.
9.7.6 The ENGINEER shall perform this agreement as an independent contractor, and as such, is responsible to
the OWNER only as to the results to be obtained in the work herein specified, and to the extent that the work shall be
done in accordance with the tenns, 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, workers' 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:
Type of Coverage
Limits
Employers'Liability
$ 100,000 per accident
General Liability
Bodily Injury & Property
Damage Single and combined
$1,000,000 per accident
Automobile
Bodily Injury 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 person
$1,000,000 each occurrence
Profess Serv Agree
14
by employees of Engineer.
Property Damage covering
all automobiles, trucks, tractors,
trailers or other automotive
equipment whether owned or
rcnted by Engineer or owned
by employees of Engineer
OR
Bodily Injury & Property
Damage Single and combined
$ 500,000 each occurrence
$ 500,000 each occurrence
In addition to the above insurance coverage, the ENGINEER shall secure and maintain, until the work is completed
and accepted by the OWNER, and without naming OWNER as an additional insured, professional errors and
omissions coverage as follows:
Professional Errors & Omissions
$1,000,000 per claim and
aggregate each occurrence
9.9 ENDORSEMENT
The ENGINEER shall place his endorsement on all drawings and other data furnished by him.
9.10 OWN ERSHIP OF DOCUMENTS
The parties admit and agree the documents produced under this agreement are not intcnded or represented to be suitable for
reuse by OWNER or any other individual on any other project. Any reuse without writtcn verification or adaptation by
ENGINEER will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER's
independent professional associates or consultants. files in electronic media format oftext, data, graphics, or of other types
that arc furnished by ENGINEER to OWNER are only for convenience of OWNER. Any conclusion or informationobtained
or derived from such electronic files will bc at the user's sole risk.
9.11 PUBLIC INFORMATION
The ENGINEER shall not issue any statements, releases or information for public dissemination without prior approval ofthe
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 thc work described and contemplated herein.
9.13 RECORDS
The ENGINEER shall maintain accounting records and other evidence pertaining to the cost incurred and to make the records
available at all reasonable times during the Contract term and for one (1) year from the date of final payment. Sueh 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.
profess Serv Agree
15
9.15 ATTORNEY'S FEES AND COSTS
That in the event it becomes necessary for either Party of this Contract to retain an attorney to enforce any of the terms or
conditions of this Contract or to givc any notice required herein, then the prevailing Party or the Party giving notice shall be
cntitlcd to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney.
9.16 MODIFICATIONS AND AMENDMENTS
That any amendment or modification of this Contract or any provisions hercin 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.
E: \ENG/N EERIFORMS\Lega/\Profess_ Servo Agree. wpd
profess Serv Agree
16
In witness Whereof, the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN, MONTANA
MORRISON-MAIERLE, INC.
BY: ~-~-----
"'[City Manager)
DATE: O~\\
BY: ".D-. n~
~ ice-Presidetrt)
,
DATE: JQ...(\ \ 1 aoo I
ATTEST:
By:e~YD~
(Clerk of Commission)
APPROVED AS TO FORM:
BY:~
(City A ey
Profess Serv Ag't"ee
17
EXHIBIT A
TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL
SERVICES
ENGINEER'S STATUS DURING CONSTRUCTION
This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on __,~,
between CITY OF BO~~MAN (OWNER) and MORRISON-MAIERLE, INC. (ENGINEER) providing for
professional engineering services.
ARTICLE 10 - ENGINEER'S_~_T~TUS DURING CONSTRVCTION
10.1. OWN ER'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 eonstruction 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 defieiencies 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 J?UTIES,
RESPONSIJ~I~ITIES AND LIMITATIONS OF AUTHORITY OF THE RESID~NT PROJECT
REPRESENTATIVE.
.a~~~
lOA. CLARIFICATIONS AND INTERPRETATIONS
ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements of
the Contract Documents (in the form of Drawings or otherwise )as ENG IN EER may determine necessary ,which shall be
consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes
that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract
Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR may make a claim therefor as
provided in the General Provisions of the construction Contract Document.
10.5. AUTHORIZED VARIATIONS IN WORK
ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not
involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the
Profess Serv Agr~e
1
Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER, and also on
CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order
justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to
the amount or extent thereot: CONTRACTOR may makc a claim therefor as provided in the Gcneral Conditions ofthe
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 tcsting 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 ENG INEER's responsibilities for Change Orders shall comply with the change order provisions of the
General Provisions of the construction Contraet Document.
10.7.3. Thc ENGINEER's responsibilities for contractor's Application for Paymentshallcomplywith 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 ofthe Contract Documents andjudge oflhe acceptability
of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or thc intcrpretation of the
requirements of thc Contract Documents pertaining to the performance and furnishing of the Work and claims under The
General Condilions of the Construction Contract in respect of changes in the Contract Price or Contract Timc 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 mattcr shall be promptly
reportcd 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 bc liablc in eonncction 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 righls or remedies as either
may otherwise have under the Contract Doeumcnts or by Laws or Regulations in respect of any such claim, dispute or other
matter.
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.
Profess Sent Agree
2
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 bc solely to evaluate the Work for compliance
with the Contract Documents (unless there is a specific statement indicaling 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 perfonnance of the
Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 4.5.3.
Profess Serv Agree
3
EXHIBIT B
TO AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES
A LISTING OF THE DUTIES, RESPONSIBILITIES AND
LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT
REPRESENTATIVE.
This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on
between CITY OF BOZEMAN (OWNER) and MORRISON.MAI~_RL~~_l.~J~~ (ENGINEER) providing for
professional engineering services.
ARTICLE 11- DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT
PROJECT REPRESENT A TI VE
ENGINEER shall furnish a Resident Project Representative (RPR), assistants and other field staff to assist ENGINEER
in observing perfonTIance of the work of Contractor.
Through more extensive on-site observations of the work in progress and field checksofmaterialsand 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 ENGlNEERresponsible
for or give ENGINEER control over const11lction means, methods, techniques, sequences or procedures or for safety
precautions or programs, or responsibility for CONTRACTOR's failure to perform the Work in accordance with the
Contract Documents and in particular the specific limitations set forth in section 8.5 of the Agreement are applicable.
The duties and responsibilities of the RPR are limited to those of ENGINEER in this agreement and in the construction
Contract Documents, and are further limited and described as follows:
ll.l. GENERAL
RPR is ENG INEER'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 ENG INEER 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 sehedule of values
prepared by CONTRACTOR and consult with ENGINEER concerning acceptability.
11.2.2. Conferences and Meetings: Attend meetings with CONTRACTOR, such as preconst11lction conferences,
progress meetings, job conferences and the project-related meetings, and prepare and circulate copies of minutes
thereof.
Profess Serv Agree
1
11.2.3. Liaison:
11.2.3.1. Serve as ENGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's
superintendent and assist in understanding the intent of the Contract Documents; and assist ENGINEER in
serving as OWNER's liaison with CONTRACTOR.
Il.2.3.2.Assist in obtaining from OWNER additional details or infomlation, when required for proper
execution of the Work.
11.2.4. Shop Drawings and Samples:
11.2.4.1. Record date of receipt of Shop Drawings and samples.
11.2.4.2. Receive samples which are furnished at the site by CONTRACTOR,and notify ENGINEER
of availability of samples for examination.
11.2.4.3.Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring
Shop Drawing or sample if the submittal has not been approved by ENGINEER.
11.2.5. Review of Work, Rejection of Defective Work, In"~pect~!:l2..!IndJests:
11.2.5.1. Conduct on-site observations ofthe Work in progress to assist ENG INEERin 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 Doeuments, or has been damaged, or does not meet the
requirements of any inspection, test or approval required to be made; and advise ENG INEERofWork
that RPR believes should be corrected or rejected or should be uncovered for observation, or requires
special testing, inspection or approval.
11.2.5.3. Verify that tests, equipment and systems startup and operating and maintenance training are
conducted in the presence of appropriate personnel, and the CONTRACTOR maintains adequate
records thereof; and observe, record and report to ENGINEER appropriate details relative to the test
procedures and startup.
11.2.5.4. Accompany visiting inspectors representingpublic or otheragencieshavingjurisdictionover
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 Doeuments are needed and transmit to CONTRACTOR clarifications and interpretations as
issued by ENGINEER.
11.2.7. Modifications: Consider and evaluateCONTRACTOR'ssuggestions for modifications in Drawings or
Specifications and report with RPR's recommendationsto ENGINEER. Transmitto CONTRACTORdecisions
as issued by ENGINEER.
11.2.8. Records:
11.2.8.1. Maintain at the job site orderly files for correspondence, reports of job eonferences, Shop
Drawings and samples, reproductions of original Contract Documents including all Work Directive
Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the
Profess Serv Agree
2
execution of the Contract, ENGINEER's clarifications and interpretationsofthe Contract Doeuments,
progress reports, and other Project related doeuments.
11.2.8.2. Keep a detailed and accurate diary or log book, recording CONTRACTOR hours on the job
site, weather conditions, prime and subcontractor daily work force, daily log of equipment onsite or
on standby, data relative to questions of Work Directive Changes, Change Orders or changed
conditions, list of job site visitors, daily activities, decisions, observations in general, and specific
observations in more detail as in the case of observing test procedures; and send copies to
ENGINEER.
11.2.8.3. Record names, addresses and telephonenumbersofall CONTRACTORS,subcontractorsand
major supplicrs of materials and equipment.
11.2.9. Reports:
11.2.9.I.Furnish ENGINEER periodic reports as required of progress of the Work and of
CONTRACTOR's compliance with the progress schedule and schedulc 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 DirectiveChanges, obtaining backup material from
CONTRACTOR and recommend to ENG INEER Change Orders, Work DirectivcChanges, and Field
Orders.
11.2.9.4. Rcport immediately to ENGINEER and OWNER upon the occurrence of any accident.
11.2.10. Payment Requests: Review applications for payment with CONTRACTOR for compliance with the
established procedure for their submission and forward with recommendations to ENGINEER, noting
particularly the relationship of the payment requested to the schedule of values, Work completed and materials
and equipment delivered at the site but not incorporated in the Work.
11.2.11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that
certifieates, 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. Submit to CONTRACTOR, and ENGINEER a list of observed itcms requIrIng
complction 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 ofa Certificate of Substantial
completion.
11.2.12.3. Conduct final inspection in the company of ENGINEER, OWNER, and CONTRACTOR
and prepare a final list of items to be completed or corrected.
11.2.12.4. Observe that all items on final list have been completed or corrected and make
recommendations to ENGINEER concerning final acceptance.
~rofess Serv Agree
3
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 adviee 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. Shall not authorize OWNER to occupy the Project in whole or in part.
11.3.8. Shall not partieipate in specialized field or laboratory tests or inspections conducted by others except
as specifically authorized by ENGINEER.
E:IENGINEERIFORMSILegaIIProfess_ Serv, Agree. wpd
profess Serv Agre~
4
Exhibit C Engineering Fee Estimate
City of Bozeman Water System
4.1 Pre-Design Investigation Phase
STAFF HOUR ESTIMATE
TASK
T~!;ik 1-Project Management
TOTAL SENIOR PROJECT PROJ CADD
HOURS PRINCIPAL ENGINEER MANAGER ENGINEER ENGINEER DRAFTER
28 18 4 7
Task 2-Data Colli:!!ctiDnlR~view
113
15
Tuk 3_ Analy$i$
360
128
Task 4-Final Basis of Design Report PfI!par.:r.tioll
244
16
88
12
12
24
GPS
TECH
48
ENGR
TECH CLERICAL
16
20
M
SUBTOTAL OF STAFF HOURS REOUIRED 746
HOURLY LABOR COST
LABOR COST BY POSITION
TOTAL COST OF LABOR: $57,483
96
$83.00
$8,134
56
$32_00
$1.792
16
$113.00
$1,808
249
$102.00
$25.388
64
116
18
68
16
$76.00
$1,216
203
$65.00
$13,195
2.
$46,00
$1,152
NUMBER UNIT TOTAL
DIRECT EXPENSE DESCRIPTION UNITS UNITS COST COST ASSUMPTIONS
Subsistence Per Diem days 10 523.00 $230.00
Aulomobil~ Transportation
Mileage mites 1050 50.32 5336.00
Time hours $4.00
SubconUacted Services:Chemical Testing I. $5,200.00 55,200_00 Purification Technologies
$1,Ib(;ofltraGt~c:l S~rvice.$:'nstrumentation Consulting I. $3,000.00 $3,000.00 ressco
Subcontracted Servic:es:Geoleehnieal I. NTL (preliminary design phase)
Subcontracted Services:Atgae Speciation I, 5500.00 $500_00 Energy Labs
Computer hours $10_00
General Printing st'II!1ets 1500 $0_10 5150.00
Plan Printing sheets 100 $0.60 560.00
T echnieal Support hours 746 $1.50 $1,119.00
Postage/Freight eae;n 22 $10.00 $220.00
Miscellaneous I' 1 vanes 5125.00
TOTAL DIRECT EXPENSES $10.840.00
TABLE I DESCRIPTION
LABOR
EXPENSE
COST
CEiliNG
Direct Labor
$57.483
$57,483
Direct Expenses
$10,940
$68.423
PRE..oESIGN SUBTOTAL
$10,940
48
$81.50
$2.952
36
$51.00
$1,836
Exhibit C-1 Engineering Fee Estimate
City of Bozeman Presedimentation/Surge Basin
4.1 Pre-Design Investigation Phase
STAFF HOUR ESTIMATE
TOTAL SENIOR PROJECT PROJ CADD GPS ENGR
TASK HOURS PRINCIPAL ENGINEER MANAGER ENGINEER ENGINEER DRAFTER TECH TECH CLERICAL
Task 1-Project Management
Project DirectionlKickoff Meeting 4 2 2
Monthly Meetings with City 12 12
Coordination with Sourdough pipeline consultant 4 4
Task 2-Data Collection/Review
Review A5~8utlts for Elevations 8 4 4
Field Vertfication of As-Builts 56 8 8 40
COllect & Rev. Flow J Water Chemistry Information 19 1 2 16
Review Streamflow I Diversion Data 6 2 4
Task 3- Analysis
Develop Hydraulic Profile of Existing WTP Processes 26 2 8 16
Determine Surge Basin Volume 20 16 4
Analyze Chemical Usage / Feed Systems 40 24 16
Combined Presed / Surge Basin Altematives 64 32 32
Separate Presed and Surge Basin Alternatives 64 32 32
Backwash Recycle Review 10 4 6
Chloe. System Review,Scrubber and UV Analysis 8 8
SCADA System Analysis 12 8 4
Section 4.1.12 Concerns Analyses 40 20 20
Task 4---Flnal Basis of Design Report Preparation
Prepare Draft 108 60 24 24
PrtntinglSubmission to City 8 8
Meet with City to Discuss FBD Report 16 8 8
Internal Quality Control Review 12 12
Make Changes to FBD repon 48 16 24 8
Prtnting/Submit Report to City,MDEQ 12 4 8
SUBTOTAL OF STAFF HOURS REQUIRED 597 12 243 68 16 138 16 40 16 48
HOURLY LABOR COST $113.00 $102.00 $83.00 $76.00 $65_00 $48_00 $61.50 $51,00 $3200
LABOR COST SY POSITION $1,356 $24,766 $5,644 $1,216 $8,970 $768 $2,460 $816 $1,536
TOTAL COST OF LABOR: $47,552
NUMBER UNIT TOTAL
DIRECT EXPENSE DESCRIPTION UNITS UNITS COST COST ASSUMPTIONS
Subsistence Per Diem days 10 $23.00 $230.00
Automobile Transportation
Mileage miles 1,000 $0.32 $320.00
Time hours $4.00
Subcontracted Services:Chemical Testing Is $5,200_00 $5,200.00 Purification Technologies
Subcontracted Services:lnstrumentation Consulting Is $3.000_00 $3.000.00 T essco
Subcontracted Services:Geotechnical Is NTL (preliminary design phase)
Subcontracted SerYIces:Algae Speciation Is $500,00 $500 00 Energy Labs
Computer hours $10.00
General Prtnting sheels 1500 $0_10 $150.00
Plan Printing sheels 100 $0.60 $60.00
Technical Support hours 597 $1.50 $895.50
Postage/Freight each 20 $10.00 $200_00
Miscellaneous Is
TOTAL DIRECT EXPENSES $10,555.50
TABLE / DESCRIPTION
LABOR
EXPENSE
COST
CEILING
Direct Labor
$47,552
$47,552
Direct Expenses
$10,556
$10,556
TASK SUBTOTAL
$58,108
Exhibit C.2 Engineering Fee Estimate
City of Bozeman 30" Bypass & Altitude Valves
4.1 Pre.Design Investigation Phase
STAFF HOUR ESTIMATE
TOTAL SENIOR PROJECT PROJ CADO GPS ENGR
TASK HOURS PRINCIPAL ENGINEER MANAGER ENGINEER ENGINEER DRAFTER TECH TECH CLERICAL
Task 1..project Management
Project Direction/Kickoff Meeting
Monthly Meetings with City
Projel;t PlaMinglCoordination
Task 2-0ata Collecllon/Revlew
Compile/Review Record Drawings 3
Field Verification of As-Builts 12
Review Facility Plan Water USE! Projeclions 4
T.ii!!!ik 3- Analy!!ii$
Develop Hydraulic Profile of Existing Tanks/Clearwell 16 4
Facility Sizing 11 6
Altitude Valves Elialuation 16
Piping Layout Alternatives (2) 13
Plant Operational Analysis 3
Scheduling Review 4
Cost Estimates 4
Task 4-Basis 0' Design Memo Preparation
Pre-pare Draft 20 12
Printing/Submis,sion to City 3 1
Meet with City 10 Diseuss FBD Report 4 2
Internal Quality ContrOl Review 4
Make Changes 10 FBD repon 6
Printing/Submit Final Report to City,MDEQ 3
SUBTOTAL OF STAFF HOURS REQUIRED 149 4 5 30 55 6 8 20 8
HOURLY LABOR COST $113_00 $102_00 $83.00 $75.00 $65.00 $48.00 $31.50 $51.00 $32_00
LABOR COST BY POSITION S<4S2 S612 S2,490 $4,225 S384 S492 S1,020 S256
TOTAL COST OF LABOR: S9,931
NUMBER UNIT TOTAL
DIRECT EXPENSE DESCRIPTION UNITS UNITS COST COST ASSUMPTIONS
Subsis1ence Per Diem days $23.00
Automobile Transportation
Mileage miles 50 $0.32 $13.00
Time hour~ $4.00
Subcontracted Service5:Chemical Testing I.
Sl.Jbcontracted Sel"Vice$:lnstl\lrnentation Con5ulting I.
Subcon1racted Services:Geotechnical I.
Subl;Ol1trai;ted $fiIr'Vice$:Algae Speciation I.
Computer hour:!!. $10.00
General Printing sheets $0.10
Plan Printing ~hl!ll!lt~ $0.50
Technical Support hours 149 $1_50 $223_50
Po~tage/F reight ..ch 2 $10.00 $20.00
Miscellaneous I. 1 $125.00 $125.00
TOTAL DIRECT EXPENSES $384_50
LABOR COST
TABLE I DESCRIPTiON EXPENSE CEILING
Direct Labor $9,931 $9,931
Direct Expenses $365 $385
TASK SUBTOTAL $10,316