HomeMy WebLinkAbout01- Morrison-Maierle Standard Agreement, irrigating Cemetery
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STANDARD AGREEMENT between OWNER AND ENGINEER
Project Number 417
THIS IS AN AGREEMENT made as of November 29 20~_ between MORRISON.MAIERLE, INC.
(ENGINEER) and the City of Bozeman , (OWNER)_ !~
OWNER intends to evaluate the feasibility of irci~atin~ the City cemetery throu~h a surface or ~round water sour!C'C__ II
(hereinafter called the Project).
evaluate as outlined in the attached letter dated November 28. 2001.
The Scope of Services shall include:
OWNER and ENGINEER in consideration of their mutual covenants herein agree with respect to the performance of
professional services by ENGINEER and the payment for those services by OWNER as set forth below:
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METHOD OF PAYMENT
[] Method 1 - HOURLY RATE - Hourly rates as specified in the Special Provisions or attachments hereto. plus an amount
equal to eNGINeER's actual reimbursable expenses related to the project times a factor of .
[X] Method 2 - LUMP SUM - A lump sum fee of $ 3.845_00
[] Method 3 -_
Payment is due upon receipt of ENGINEER's statement(s). OWNER agrees to pay interest at the maximum legal rate
allowed by law for payments not received within 30 days after receipt of the statement.
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SPECIAL PROVISIONS
None
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IN WITNESS WHEREOF, the parties hereto have made and executed this AGREEMENT as of the day and year first
above written.
OWNER
ENGINEER
City of Bozeman
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Title:Cl ark V . Johnson.. City Manaqer
Address for giving notices:
PO Box 1230
Bozeman, MT 59771
Morrison-Maierle, Inc. .~.'
By: John R. Schunke ~. (<.~
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Title: Vice-President
Address for giving notices:
901 Technoloqy Blvd.
Bozeman. MT 59718
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The "General Provisions of Standard Agreement" on the attached pages to this form are a part of this AGREEMENT.
GENERAL PROVISIONS OF STANDARD AGREEMENT
SECTION 1 - BASIC SERVICES OF ENGINEER
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ENGINEER's estimate of work completed during each billing period.
Method 3 - OTHER METHOD, A method to be agreed upon by OWNER and ENGINEER and which shall be specified on page one or in
attachments to this AGREEMENT.
3.4 Reimbursable expenses mean the actual expenses incurred by ENGINEER or ENGINEER's associates or consultants in connection
with the Project such as expenses for: transportation, subsistence, telephone calls, postage, reproduction of documents, computer
charges, equipment charges and similar project-related items,
SECTION 4 - MISCELLANEOUS
4.1 Reuse of Documents. All documents including reports, drawings, specifications and other deliverables, whether in printed or
electronic media format, prepared or furnished by ENGINEER pursuant to this AGREEMENT are instruments of service in respect of the
Project and ENGINEER shall retain an ownership and property interest therein whether or not the Project is completed. OWNER may make
and retain copies for information and reference in connection with the use and occupancy of the project by OWNER and others; however,
such documents are not intended or represented to be suitable for reuse by OWNER or others on extensions of the Project or on any other
project. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at OWNER's sole risk
and without liability or legal exposure to ENGINEER, or to ENGINEER's independent professional associates or consultants. OWNER
shall indemnify and hold harmless ENGINEER and ENGINEER's independent professional associates and consultants from all claims,
damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Files in electronic media format of text, data,
graphics, or of other types that are furnished by ENGINEER to OWNER arc only for convenience of OWNER. Any conclusion or
inforrnation obtained or derived from such electronic files will be at the user's sole risk.
4.2 Opinions of Cost. Since ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or
over the CONTRACTOR(s) methods of determining prices, or over competitive bidding or market conditions, his opinions of probable
Project Cost and Construction Cost provided for herein are to be made on the basis of his experience and qualifications and represent his
best judgment as an experienced and qualified professional ENGINEER familiar with the construction industry. ENGINEER cannot and
does not guarantee that proposals, bids or actual Project or Construction Costs will not vary from opinions of probable cost prepared by him.
4.3 Limitation of Liability. In recognition of the relative risks, rewards and benefits of the Project to both the OWNER and the
ENGINEER, the risks have been allocated such that the OWNER agrees that ENGINEER's total liability to OWNER for any and all
injuries, claims, losses, expenses or damages whatsoever arising out of or in any way relatod to tho Project or this AGREEMENT from
any cause or causes, shall not exceed an amount equal to the ENGINEER's total compensation under this AGREEMENT or the
total amount of $ 25,000.00 , whichever is greater,
4.4 Conditions Beyond the Control of the Engineer. The OWNER recognizes that in the course of completing the services under this
AGREEMENT, the ENGINEER may encounter conditions which are beyond the control of the ENGINEER and thus creating potential for
claims and additional costs to the ENGINEER which are not covered in fees earned for services provided. This category includes, but is not
limited to the following:
. Professional services relating to the disposal of hazardous wastes, or the encountering of hazardous wastes during the performance of
design and construction of the project.
. Unknown underground utilities or other man-made underground objects not properly located.
. Unavoidable contamination of subsurface areas, aquiferf" etc. or the disturbance of natural underground resources during the design and
construction of the project.
. Changed codes or standards during the course of the work.
. Information provided by others which is not accurate or complete,
. Conditions that may arise and differ significantly from those existing at the beginning of the project.
Should any such condition occur during the performance of this contract, judged to be beyond the control of the ENGINEER, the OWNER
shall waive any claim against the ENGINEER and agrees to defend, indemnify and hold the ENGINEER harmless from any claim or liability
for injury of loss allegedly arising from the ENGINEER'S encountering of said conditions, The OWNER agrees to compensate the
ENGINEER for any time spent and expenses incurred by the ENGINEER in defense of any such claim with such compensation based upon
the ENGINEER'S prevailing fee schedule and expense reimbursement policy.
4.5 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 mediation by a mutually agreed upon mediator,
OWNER and ENGINEER further agree to include a similar mediation agreement with all contractors, subcontractors, subconsultants,
suppliers and fabricators, thereby providing for mediation as the primary method for dispute resolution between all parties. 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 method',
of dispute resolution, If resulting in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in
the defense of the claim, including staff time, court costs, attorney's fees and other claim-related expenses.
4.6 Allocation of Risks -Indemnification. ENGINEER agrees, to the fullest extent permitted by law, to indemnify and hold harmless
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MORRISON
MAIERLE,INC.
An Ernployer>-(Jwnerl Company
ENGINEERS
SCIENTISTS
SURVEYORS
PLANNERS
901 TECHNOLOGY BLVD. PO, BOX 1113 . BOZEMAN, MT 59771 . 406-587-0721 . FAX: 406-587-1176
November 28, 2001
Dear Mr. Goehrung:
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James Goehrung
City of Bozeman
P.O.Box 1230
Bozeman, Mt. 59771
Thank you for your consideration of Morrison-Maierle Inc. to investigate possible
solutions to the irrigation dilemma at Sunset Hills Cemetery. Investigation of possible
sources of water for irrigation can be done through the winter months as you have
requested. Research of water rights has not been included in this proposal due to the
phone conversation on November 28, 2001 where we discussed the use of Cindy
Younkin for water rights research. Reliability of Mill Creek as a source of water for
irrigation and where the points of diversion are located will become extremely important
to know as the project continues. The scope of work for an assessment of sources for
irrigation water follows below with a cost estimate broken down by task enclosed at the
end of the letter.
Scope of Work:
1. Research prior Geologic and Hydrologic work, and evaluate existing wells to
determine approximate drilling depths, possible well yields and well construction
details.
2. Evaluate present and future water demand needed for irrigation of the Sunset
Hills cemetery.
3. Investigate existing and future irrigation systems, including type of diversion and
power requirements needed.
4. Cost assessment of irrigation system options.
5. Recommendation of course of action to proceed.
We propose to complete the work on a lump sum basis for a total fee of $3,845.
Enclosed are two copies of our standard contract if you find our proposal acceptable,
please sign and return one copy.
Thank you for the opportunity to provide this proposal for your project. We look forward
to a continuing relationship with you as your project moves forward.
"Providing resources in partnership with clients to achieve their goals"
MOHH1SON
MAIEHLE,INC.
If you have any questions about our proposal please feel free to contact us at 587-0721.
Sincerely,
MORRISON.MAIERLE, INC.
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a~er
Staff Geologist
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ames R. Nickelson, P.E
Project Manager
cc: Phillip J. Forbes, P.E.
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MORRISON
MAIERLE, INC.
Scope of Work
1. Hydrogeologic investigation of previous work
-- Evaluation of Existing wells
-- Evaluation of Existing Geologic Information
-- Develop small geological cross-section
2. Investigation of Irrigation System
-- Evaluate existing Irrigation System
-- Evaluate type of Diversion Works needed
3. Cost Assessment of Irrigation Options
4. Secretarial Time
5. Final Report and Recommendations
6. Miscellaneous Expenses
Personnel
Staff Geologist
Chief Geologist
Staff Geologist
Project Manager
Staff Engineer
Staff Geologist
Chief Geologist
Project Manager
Hours Rate Total Cost
16 $50 $800
4 $95 $380
12 $50
2 $75
16 $50
4 $30
12 $50
1 $95
2 $75
Total Cost
$600
$150
$800
$120
$600
$95
$150
$150
$3.845