HomeMy WebLinkAbout01- Morrison-Maierle Professional Services Agreement (2)
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PROFESSIONAL SERVICES AGREEMENT
January 2, 2001
THIS IS AN AGREEMENT made as of Dec--et-)-w =~=zOOO; between THE CITY OF
BOZEMAN, a Municipal Corporation, Bozeman, Montana, 59715 (OWNER) and
Morrison-Maierle, Inc. of Helena and 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 and has selected the ENGINEER to provide necessary
and professional engineering services for the project.
Whereas the ENGINEER represents that it is willing and qualified to perform the
professional engineering services for this project described in this Agreement.
Therefore, in consideration of the foregoing recitals and the mutual covenants and
conditions contained herein, the parties agree as follows:
The conditions and provisions set forth in the attached EXHIBIT A, EnQineer's Status
DurinQ Construction, EXHIBIT B, A ListinQ of the Duties, Responsibilities, and Limitations
of Authority of the Resident Proiect Representative, EXHIBIT C, Preliminary List of
OrawinQs and Preliminary Specification List, and EXHIBIT 0, EnQineerinQ Fee Estimate are
hereby incorporated in and made part of this Agreement.
ARTICLE 1 ~ ENGINEERING SERVICES
1.1. The detailed description of the specific project components is described as follows:
The project is entitled "Bozeman Wastewater Treatment Plant (WVVTP) Modifications." The specific
components of the project and scope of engineering services includes the following:
PRIMARY/SECONDARY DIGESTER REHABILITATION
· Evaluate the overall existing condition of the Digesters, provide recommendations for
improvements to be made and provide design and construction services on selected
improvements.
· Provide design and construction services for the replacement of the roof over the Primary
Digester. and area between the Primary and Secondary Digester.
· Provide design and construction services for the replacement of the floating cover for the
Secondary Digester.
· Provide design and construction services for the replacement of the splitter box between the
Primary and Secondary Digester.
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DIGESTER METHANE COLLECTION AND METERING
· Assess the entire existing methane collection and metering system for adequacy, assess the
future needs of the plant, provide recommendations for improvements to be made, provide design
and construction services for improvements.
· Provide design and construction services for the replacement of the waste burner, including
relocation to another area of the plant.
DIGESTER BOILER AND HEAT EXCHANGER
· Assess the existing system and the future needs, including energy efficiency and capacity,
provide recommendations for improvements to be made provide design and construction services
for improvements.
NEW PRIMARY CLARIFIER
· Provide predesign, design and construction services for the installation of a new Primary Clarifier.
MISCELLANEOUS
· Assess pipe plugging/maintenance problems with the existing gravity thickener sludge line and
provide design and construction services for improvements.
· Provide a cost-effectiveness analysis between the existing chlorine disinfection system with an
emergency scrubber system and converting to ultraviolet disinfection.
1.2. The scope of services under this contract are set forth in this agreement and the attached EXHIBITS.
ARTICLE 2 - ENGINEER'S RESPONSIBILITIES
2.1. ENGINEER shall perform for OWNER professional engineering services in all phases of the Project to
which this Agreement applies as hereinafter provided. These services will include, but not be limited to, serving as
OWNER's professional engineering representative for the Project, providing professional engineering consultation
and advice and furnishing customary civil and structural engineering services incidental thereto.
2.2. The ENGINEER shall furnish all labor, materials, equipment, supplies, and incidentals necessary to
conduct and complete the ENGINEER'S portions of the Project and to prepare and deliver to the OWN ER 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 Robert Morrison.
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 Robert Morrison. The OWNER may name a Task Director who would be
the liaison between the ENGINEER and the OWNER during the design segment of the Project.
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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 Robert Murray, Jr..
3.2 The OWNER shall have the right of review and examination of the ENGINEER'S work at all times.
3_3 The OWNER shall make available all records (as-built drawings, construction records, etc.) indicating the
existing configuration of the city utilities.
3.4 The OWNER will be responsible for Advertising Bid Openings.
3.5 The OWNER shall attend the pre-bid conferences, bid openings, pre-construction conferences,
construction progress and other job related meetings, substantial completion inspections and final payment
inspections.
ARTICLE 4 - BASIC ENGINEERING SERVICES
The ENGINEER shall render professional Engineering Services as follows:
4.1 PRE-DESIGN INVESTIGATION PHASE
After written authorization to proceed, ENGINEER shall:
4.1.1 Consult with OWNER to clarify and define OWNER's requirements for the Project and review
available data.
4.1.2 Advise OWNER as to the necessity of OWNER's providing or obtaining from others, data or
services and assist OWNER in obtaining such data or services.
4.1.3 Identify and analyze requirements of governmental authorities having jurisdiction to approve the
design of the Project and participate in consultations with such authorities.
4.1.4 Provide a general economic analysis of OWNER's requirements applicable to various
alternatives.
4.1.5 Provide a subcontractor to drain and clean the Primary Anaerobic Digester. Sludge and grit
removed from the digester will be transported to a drying area at the OWNER's WWTP site. A maximum
of 40,000 gallons of sludge and grit is anticipated needing removal. The OWNER will be responsible for
all permits needed and will spread or disc the sludge into the soil at the disposal site.
4.1_6 Specific engineering evaluations to be performed by the ENGINEER include the following:
4.1.6.1 After cleaning of the Primary Digester, an evaluation of the condition of the existing
concrete tank and roof, mixers, vacuum/pressure relief system, and other existing facilities will be
made. Addition of new manway access hatches on the sides and/or top of the digester will also
be evaluated.
4.1.6.2 An evaluation of the condition of the existing Secondary Digester concrete tank and steel
gasholder cover will be made, assuming the concrete is in similar condition as the Primary
Digester.
4.1.6.3 Alternative Primary Digester and Digester Building insulation and roof systems will be
investigated and evaluated.
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4.2.3. Desiqn 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, lV cables, water
and sewer lines, irrigation facilities, fences, and approach driveways), existing right-of-way and
easements, and making measured drawings of or investigating conditions of existing facilities. The
ENGINEER shall provide suitable horizontal and vertical reference control points for the construction
phase.
4.2.4. Geotecb_nical 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 new
Primary Clarifier. Subsurface information will be obtained by reviewing any existing geotechnical data
available and using additional backhoe test pits and soil borings as necessary. One boring at the Primary
Clarifier area is anticipated for this project.
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.
4.2.5. Preliminarvflans and Specifications. Prepare preliminary construction plans and specifications
with information which addresses the special features of each project task. EXHIBIT C, Preliminary List of
Q.rl3_~inqs and Preliminary Specification List summarizes the anticipated design drawings and
specifications for the project.
4.2.6. Based on the information contained in the preliminary design documents, ENGINEER will submit
a revised opinion of probable Total Project Costs to the OWNER.
4.2.7. ENGINEER shall prepare and furnish complete copies of preliminary bidding documents 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 approval from authorities having
jurisdiction to review and approve the design, and assist OWNER in securing such approvals; and review
documents in person with OWNER and review authorities, and, if necessary, conduct a plan-in-hand site
review. All changes agreed to between ENGINEER and OWNER will be noted in a memorandum from the
ENGINEER to the OWNER and incorporated into the final plans and specifications.
The Preliminary Design Phase will be completed and submitted within 120 calendar days following written
authorization 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 ofthe accepted Preliminary Design documents and the revised opinion of probable
Total Project Costs, prepare for incorporation in the Contract Documents final drawings and Technical
Specifications of sufficient detail to show the general scope, extent and detailed character of the work to
be furnished and performed by the Contractor(s) suitable for use in the project bidding and construction.
4.3.2. Advise OWNER of any adjustments to the latest opinion of probable Total Project Costs caused
by changes in general scope, extent or character or design requirements of the Project or Construction
Costs. Furnish to OWNER a revised opinion of probable Total Project Costs based on the Drawings and
Specifications.
4.3.3. Prepare for review and approval by OWNER, its legal counsel and other advisors, contract
agreement forms, general conditions and supplementary conditions, and (where appropriate) bid forms,
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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 four 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.
4.4 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. Conduct a Pre-Bid Conference to familiarize potential construction contractors with the site and
project.
4.4.4. 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.
4.4.5. 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.
4.4.6. Attend the Bid opening, prepare bid tabulation, evaluate bids, assess bidders' responsiveness
and responsibility and make award recommendation to OWNER.
4.4.7 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 two
sets of original signature executed contract documents and up to three sets of construction documents.
4.5 CONSTRUCTION PHASE
The responsibilities of the ENGINEER during the Construction Phase are summarized as follows:
4.5.1. G.~r:t~ral 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.
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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 condud a pre-construdion conference.
4.5.1.2 Provide review of Contractor's surveying activities for construction layout and control,
including establishment of line, grade, and blue top control staking.
4.5.1.3 Review Contradors'construction schedules and operations, and the Contractors'
construction sequencing and scheduling 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 ENGINEER shall provide OWNER copies of all correspondence between the ENGINEER
and Contractor.
4.5.1.6 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.
4.5.1.7 Review and approve, for conformance with the project technical specifications all shop
drawings, and other Contractor submittals required by the Contract Documents.
4.5.1.8 During construction review Contractors' construction schedules and evaluate
conformance and progress under the Contract time provisions.
4.5.1.9 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.
4.5.1.10 Inspect the project and when appropriate, and after conferring with OWNER, issue a
Certificate of Substantial Completion to the Contractor.
4.5.1.11 Prior to recommending final payment, schedule and conduct with the OWNER a final
project inspection and submit a report to the OWNER documenting any outstanding items or
deficiencies requiring correction prior to final payment. Upon satisfactory project completion
ENGINEER shall certify in writing to the OWNER, and any required regulatory agencies, that the
construction was completed in accordance with the approved plans and specifications and is
performing in accordance with the design concept.
4.5.1.12 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 .p..t:9ject 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.
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4.5.3 j,.imitatio_lJ.s of Responsibilities. ENGINEER will not be responsible for CONTRACTOR's means,
methods, techniques, sequences or procedures of construction, or the safety precautions and programs
incident thereto, and ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish
the Work in accordance with the Contract Documents; however, nothing contained in this agreement shall
be construed to release ENGINEER from liability for failure to properly perform duties and responsibilities
assumed by ENGINEER in the Contract Documents.
4.6. PROJECT DOCUMENTATION
ENGINEER shall furnish OWNER with (a) one mylar copy and two paper copies of the Project Record Drawings
("As-Builts"), and (b) a project notebook containing such correspondence and documentation as requested by
OWNER.
4.7. CONSTRUCTION TESTING
The inspection services shall include material testing and verification of contract compliance with job site
requirements, plans and specifications.
The ENGINEER shall provide and maintain detailed documentation of the following material testing:
1) Concrete strength, air content and slump
2) Embankment, trench backfill, and gravel and pavement densities
3) Aggregate gradations
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
therefore as provided in the Agreement:
5.1.1. Legal land surveys performed to obtain data for preparing easements and rights-of-way
descriptions.
5.1.2. Preparation of applications and supporting documents for governmental agencies in addition to
those required under Basic Services; preparation or review of environmental studies and related services;
and assistance in obtaining environmental approvals.
5.1.3. Services resulting from significant changes in the general scope, extent or character of the Project
or major changes in documentation previously accepted by OWNER where changes are due to causes
beyond ENGINEER's control.
5.1.4. Providing renderings or models.
5.1.5. Preparing documents for alternate bids requested by OWNER for work not executed or for out-of-
sequence work.
5.1.6. Providing other services not otherwise provided for in the Agreement, including services normally
furnished by the OWNER as elsewhere herein described.
5.1.7. Furnishing the services of independent professional associates or consultants for other than Basic
Services.
5.2. When required by the Contract Documents in circumstances beyond ENGINEER's control, ENGINEER
shall perform or obtain from others any of the following Additional Services as circumstances require during
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construction and without waiting for specific instructions from OWNER, and ENGINEER will be paid therefore as
provided in this Agreement:
5.2.1. Services in connection with work directive changes and change orders to reflect the changes
requested by OWNER if the resulting change in compensation for Basic Services is not commensurate
with the additional services rendered.
5.2.2. Services in making revisions to Drawings and Specifications occasioned by the OWNER'S
acceptance of substitutions proposed by Contractor(s); services after the award of each contract in
evaluating and determining the acceptability of an unreasonable or excessive number of substitutions
proposed by Contractor; and evaluating an unreasonable or extensive number of claims submitted by
Contractor(s) or others in connection with the work.
5.2.3. Services resulting from significant delays, changes or price increases occurring 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.
ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE
6.1 COST PAYMENT FOR BASIC SERVICES OF, EXPENSES OF, AND FIXED FEE FOR THE ENGINEER
Professional engineering services performed as Basic Engineering Services under Sections 4.1 through 4.4 of this
Agreement shall be compensated in accordance with the following.
6.1.1 Payroll CosJ!L.. The ENGINEER will be reimbursed for the actual payroll costs as set forth in Section
7.3, at a 2.61 multiplier for the time such employees are directly utilized on work necessary to fulfill the
terms of this Agreement.
6.1.2 Reimburseable Expenses. The ENGI NEER will be reimbursed for actual out-of-pocket expenses as
specified in Section 7.4.
6.1.3 Lump SUI!1.Fixed Fee. The ENGINEER will be paid a lump sum fixed fee of $ 22,989, not to exceed
that amount without prior approval by the OWNER, to cover profit.
6.1.4 Total PaymSlnt. The total payment to the ENGINEER for the work contemplated under Sections 4.1
through 4.4 of this Agreement will not exceed $ 212,894 without prior approval by the OWNER.
6.1.5 Partial and Final Payments. Partial payments of the foregoing will be made at monthly intervals as
the work progresses, based upon certified invoices received, compatible with current practices and
acceptable to the OWNER. Payments on the lump sum fixed fee for profit will be based upon the
estimated percentage of work completed_ Final payment will be as specified in Section 8.1 .
6.1.6 Notification. At any time during the project development that it becomes apparent that the services
endered 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. 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. The amount and terms of any additional compensation shall be negotiated and agreed in writing
pursuant to 9.16.
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6.2 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:
6.2.1 The OWNER shall pay for Construction Phase and Project DocumentationlTesting Services an
amount not to exceed $ 161 ,711 except as provided under 6.2.1.2 and 6.2.4.
6.2.1.1 Costs Compensation. Compensation for these services shall be based on the
ENGINEER's Direct Labor Cost times a factor of ~.,9_0_for services rendered which shall cover
Direct Labor, Direct Labor Overhead, General & Administrative Overhead and Profit.
6.2.1.2 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 6.2.1.3. If it is determined that due to a change in project scope under
paragraph 5.2.1, the ENGINEER is entitled to additional compensation, OWNER and ENGINEER
may negotiate terms as provided under 6.2.1.1. The amount and terms of any additional
compensation under 6.2.1.1 or 6.2.1.3 shall be negotiated and agreed in writing pursuant to 9.16.
6.2.1.3 Costs Exceeding.Estimated Comp_~IJ~ation. 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 2.6Lfor services rendered which shall include
Direct Labor, the federally audited payroll Direct Labor Overhead, and General & Administrative
Overhead costs, but shall not include any allowance for profit.
6.2.2. Reimbursable Expenses, as defined in section 7.4 of this Agreement, for Basic Services and
Approved Additional Services shall be paid to the ENGINEER by the OWNER in the actual amount of the
costs incurred up to an amount not to exceed l.H,500 which includes $ 1 ,000 for consultants employed
by the Engineer and ~~OO for all other reimbursable expenses. The estimated reimbursable expenses
are identified in Exhibit "l ".
6.2.3. FaJled 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.
6.2.4 The OWNER shall pay an amount for Additional Services rendered by the ENGINEER and
approved in writing by the OWNER on the basis of the ENGINEER'S Direct Labor Costs times a factor of
3.00 , or an amount otherwise negotiated at the time such services are requested and approved by the
OWNER.
ARTICLE 7 - MEANING OF TERMS
7.1 AGREEMENT
As used herein the term "this Agreement" refers to the contents of this document and its Exhibits attached hereto
and referred to as if they were part of one and the same document.
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7.2 CONSTRUCTION COSTS
The construction cost of the entire Project (herein referred to as "Construction Cost") means the total cost to
OWNER of those portions of the entire Project designed and specified by ENGINEER, but it will not include
ENGINEER's compensation and expenses, the cost of land, rights-ot-way, or compensation for or damages to,
properties unless this Agreement so specifies, nor will it include OWNER's legal, accounting, insurance counseling
or auditing services, or interest and financing charges incurred in connection with the Project or the cost of other
services to be provided by others to OWNER.
7.3 DIRECT LABOR COSTS
Direct Labor Costs used as a basis for payment mean the actual salaries and wages paid to all ENGINEER's
personnel engaged directly on the Project, including, but not limited to, engineers, architects, surveyors, designers,
drafters, specification writers, estimators, other technical and business personnel; but does not include indirect
payroll related costs or fringe benefits. For the purposes of this Agreement the principals and employees of the
ENGINEER maximum billable Direct Labor Costs are:
Principals $ 39.00 Ihour
Project Manager $ 39.00 Ihour
Senior Engineer $ 30.50 Ihour
Staff Engineer $ 21.50 Ihour
Senior Technicians $ 23.50 Ihour
CADD Drafter $ 15,00 ...~ Ihour
Technicians $ 20,00 Ihour
Construction Inspector $ 23.50 Ihour
Two Person Survey Crew $ 33.00 Ihour
Clerical $ --1f.:.QL._Jhour
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 ot Direct Labor Costs method of payment, Reimbursable Expenses will also include the
amount billed to ENGINEER by special consultants employed by ENGINEER and authorized by OWNER (other
than as an authorized Additional Services) and will also include expenses incurred for computer time and other
specialized equipment, including an appropriate charge for previously established programs and expenses of
photographic production techniques.
ARTICLE 8 R PAYMENT PROVISIONS
8.1 TIMES OF PAYMENTS. ENGINEER may submit monthly statements for Basic Services and approved
Additional Services rendered and for Reimbursable Expenses incurred; however, payments shall not exceed the
ceilings provided in 6.1 and 6.2. Final payment shall be made only after acceptance of the project by the OWNER.
If OWNER disputes the amount of the billing, OWNER will notify the ENGINEER in writing within ten (10) calendar
days of the receipt of bill of the dispute.
8.2 REQUESTS FOR PAYMENT. Each request for payment shall include a documentation summary of the
period incremental man hours incurred, direct labor rates and billed rates, detail of reimbursable costs, total period
billing, and total cumulative billing. When requested by OWNER services for distinct project segments shall be
accounted and billed separately.
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8.3 PAYMENT UNDER TERMINATION. In the event of termination by the OWNER upon the completion of
any phase of the Basic Services, progress payments due ENGINEER for services rendered through such phase
shall constitute total payment for such services. In the event of such termination by OWNER during any phase of
the Basic Services, ENGI NEER also will be reimbursed for the charges of pre-approved independent professional
associates and consultants employed by ENGINEER to render Basic Services, and paid for services rendered
during that phase on the basis of the payment provisions of the Agreement. In the event of any such termination,
ENGINEER will be paid for unpaid pre-approved Additional Services and unpaid Reimbursable Expenses which are
authorized under this agreement.
ARTICLE 9 - GENERAL CONSIDERATIONS
9.1 TERMINATION OF AGREEMENT
9.1.1 The sole right is hereby reserved to the OWNER to terminate this Engineering Agreement for any
and all causes or for its convenience at any time upon fifteen (15) days written notice to the ENGINEER.
9.1.2 If termination for default is effected by the OWNER, an equitable adjustment in the price provided
for in this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on
unperformed services or other work, and (2) any 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 Contract is terminated prior to completion, the original copies ofthe 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 expenditures incurred as to the
performance of the services by the ENGINEER hereunder shall be made available to the OWNER, or their
authorized representatives for audit and review, at the ENGINEER'S respective offices at all reasonable times
during the contract period and for three years from the date of final payment.
9.3 EMPLOYMENT
The ENGINEER warrants that he has not employed or retained any company or persons, other than a bona fide
employee, working solely for the ENGINEER, to solicit to secure this contract, and that he has not paid or agreed to
pay any company or person, other than bona fide employees working solely for the ENGINEER, any fee,
commission, percentage, brokerage fee, gifts or any other considerations contingent upon or resulting from the
12
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12-12-00
award or making of this Contract. For breach or violation of this warranty, the OWNER shall have the right to annul
the Contract without liability or in its discretion to deduct from the price or consideration or otherwise recover the full
amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
All employees of the ENGINEER or other persons while engaged in the performance of work or services required
by the ENGINEER shall be considered employees of the ENGINEER only and not of the OWNER.
9.4 NONDISCRIMINATION
The ENGINEER will not discriminate on the basis of race, color, religion, creed, political ideas, sex, age, marital
status, national origin or disability in employment or provision of services. The ENGINEER shall be subject to and
comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations
promulgated thereunder.
9.5 SUBLETTING OR ASSIGNING OF WORK
The ENGINEER shall not sublet or assign any of the work covered herein without prior written approval of the
OWNER.
9.6 STANDARD OF CARE
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
9.7.1 The ENGINEER shall comply with all Federal, State, and Local laws and ordinances applicable to the work to
be done.
9.7.2 The ENGINEER agrees to indemnify, hold harmless, and defend the OWNER, its officers, directors, agents,
and employees from and against any suits, causes of action, claims, demands, damages, costs, expenses,
obligations, and liability of any character, including attorney's fees, arising out of or resulting from or in connection
with the ENGINEER's negligent performance of the services specified in this agreement. In the eventthe OWNER
is found proportionately responsible, the ENGINEER will be held responsible only for those damages, costs,
attorney's fees, and liabilities as are attributable to the ENGINEER's percent offault as compared with 100% of the
fault giving rise to the damages.
9.7.3 The ENGINEER agrees to indemnify, hold harmless and defend the OWNER, its officers, directors, agents,
and employees from and against any suits, causes of action, claims, demands, damages, costs, expenses,
obligations, and liability of any character, including attorney's fees. arising out of or resulting from or in connection
with the ENGINEER's non-negligent performance of the services specified in this agreement. In the event the
OWNER is found proportionately responsible, the ENGINEER will be held responsible only for those damages,
costs, attorney's fees, and liabilities as are attributable to the ENGINEER's percent offault as compared with 100%
of the fault giving rise the damages.
9.7.4 In an appropriate case in which attorney's fees are awarded to the OWNER following a wrongful refusal of a
tender of defense, said fees may include fees and salary paid by the OWNER to the City Attorney or other in-house
counsel.
9.7.5 The indemnity required herein shall not be limited by reason of the specification of any particular insurance
coverage in this agreement.
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9.7.6 The ENGINEER shall perform this agreement as an independent contractor, and as such, is responsible to
the OWNER only as to the results to be obtained in the work herein specified, and to the extent that the work shall
be done in accordance with the terms, plans and specifications. The ENGINEER shall have and maintain complete
control over all of its employees, subcontractors, agents and operations, being responsible for any required pay roll
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:
Tvpe of Coveraqe Limits
Employers' Liability $ 100,000 per accident
General Liability
Bodily Injury & Property
Qamaqe Single and combined $1,000,000 per accident
Automobile $ 500,000 each person
Bodily Injury covering all
automobiles, trucks, tractors, $1,000,000 each occurrence
trailers, or other automotive
equipment whether owned or
rented by Engineer or owned
by employees of Engineer.
Property Damaqe covering $ 500,000 each occurrence
all automobiles, trucks, tractors,
trailers or other automotive
equipment whether owned or
rented by Engineer or owned
by employees of Engineer
OR
Bodily Iniu[Y & Property $ 500,000 each occurrence
Damaqe Single and combined
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 & Omissigns
$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.
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9.10 OWNERSHIP OF DOCUMENTS
The parties admit and agree the documents produced under this agreement are not intended or represented to be
suitable for reuse by OWNER or any other individual on any other project. Any reuse without written verification or
adaptation by ENGINEER will be at OWNER's sole risk and without liability or exposure to ENGINEER, or to
ENGINEER's independent professional associates or consultants. Files in electronic media format of text, data,
graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of OWNER. Any
conclusion or information obtained or derived from such electronic files will be at the user's sole risk.
9.11 PUBLIC INFORMATION
The ENGINEER shall not issue any statements, releases or information for public dissemination without prior
approval of the OWNER.
9.12 PROPRIETARY RIGHTS
If patentable discoveries or inventions should result from work required herein, all rights accruing from such
discoveries or inventions shall be joint property of the ENGINEER and the OWNER. Provided that the OWNER,
state agencies or political subdivisions and the United States Government shall have the irrevocable, nonexclusive,
nontransferable and royalty-free license to use each invention in the manufacture, use and disposition, according to
law, of any article or material, and in the use of any method that may be developed as part of the work described
and contemplated herein.
9.13 RECORDS
The ENGINEER shall maintain accounting records and other evidence pertaining to the cost incurred and to make
the records available at all reasonable times during the Contract term and for one (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 ATTORNEY'S FEES AND COSTS
That in the event it becomes necessary for either Party of this Contract to retain an attorney to enforce any of the
terms or conditions of this Contract or to give any notice required herein, then the prevailing Party or the Party
giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house
counsel to include City Attorney.
9.16 MODIFICATIONS AND AMENDMENTS
That any amendment or modification of this Contract or any provisions herein shall be made in writing or executed
in the same manner as this original document and shall after execution become a part of this Contract.
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In witness Whereof, the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN, MONTANA
By~L:J
DATE: January 2, 2001
ENGINEER
BY: C2~ 4. 90~
~ident) ~
DATE: 1Z./IZ./tJO
.
::~ ;/~
(Clerk of Commission)
M
BY:
16
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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
December _, 2000 between glTY OF BOZEMAN (OWNER) and MORRISON-MAIERLE, INC.
(ENGINEER) providing for professional engineering services.
ARTICLE 10. ENGINEER'S STATUS DURING CONSTRUCTION
10.1. OWNER'S REPRESENTATIVE
ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities
and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in
the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER.
10.2. VISITS TO THE SITE
ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe
the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in
accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous
on-site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward
providing for OWNER's greater degree of confidence that the completed Work will conform to the Contract
Documents. On the basis of such visits and on-site observations as an experienced and qualified design
professional, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard
OWNER against defects and deficiencies in the Work.
10.3. PROJECT REPRESENTATION
If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist
ENGINEER in observing the performance of the Work. The duties, responsibilities and limitations of authority
of any such Resident Project Representative and assistants will be as provided in EXHIBIT B, A LISTING OF
THJ;J.~UTIES, RESPQ~SIBILlTIES AND L1MITATIO~~tQf__~J.tTHORITY OF THE RESIDENT PROJECT
REPRESE;.NT A TIVE.
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 therefore 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
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overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on
OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR
believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and
the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim
therefore 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 judge of the
acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or
the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the
Work and claims under The General Conditions of the Construction Contract in respect of changes in the Contract
Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision in
accordance with this paragraph, which ENGINEER will render in writing within a reasonable time. Written notice of
each such claim, dispute and other matter shall be promptly reported and copied to the OWNER
10.9.2. When functioning as interpreter under paragraphs 10.8 and 10.9.1, ENGINEER will not show partiality to
OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good
faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 10.8 and 10.9.1 with
respect to any such claim, dispute or other matter will be a condition precedent to any exercise by OWNER or
CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws
or Regulations in respect of any such claim, dispute or other matter.
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 pertorming any of the Work, or to any surety for any of them.
18
10.10.2. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as
approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper"
or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or
judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be
solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement
indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty
or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake
responsibility contrary to the provisions of paragraph 4.5.3.
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EXHIBIT B
TO AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES
A LISTING OF THE DUTIES, RESPONSIBILITIES AND
LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT
REPRESENTATIVE.
This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on
December , 2000 between CITY OF BOZEMAN (OWNER) and MORRISON:MAIERLE, INC.
(ENGINEER) providing for professional engineering services.
ARTICLE 11 - DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT
PROJECT R!;PRESENTATtYE
ENGINEER shall furnish a Resident Project Representative (RPR), assistants and other field staff to assist
ENGINEER in observing performance of the work of Contractor.
Through more extensive on-site observations of the work in progress and field checks of materials and
equipment by the RPR and assistants, ENGINEER shall endeavor to provide further protection for OWNER
against defects and deficiencies in the work of CONTRACTOR; but, the furnishing of such services will not
make ENGINEER responsible for or give ENGINEER control over construction means, methods, techniques,
sequences or procedures or for safety precautions or programs, or responsibility for CONTRACTOR's failure
to perform the Work in accordance with the Contract Documents and in particular the specific limitations set
forth in section 8.5 of the Agreement are applicable.
The duties and responsibilities of the RPR are limited to those of ENGINEER in this agreement and in the
construction Contract Documents, and are further limited and described as follows:
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. Ggnferences and Meetinqs: Attend meetings with CONTRACTOR, such as preconstruction
conferences, progress meetings, job conferences and the project-related meetings, and prepare
and circulate copies of minutes thereof.
20
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11.2.3. Liaison:
112.3.1. Serve as ENGINEER's liaison with CONTRACTOR, working principally through
CONTRACTOR's superintendent and assist in understanding the intent of the Contract Documents;
and assist ENGINEER in serving as OWNER's liaison with CONTRACTOR.
11.2.3.2. Assist in obtaining from OWNER additional details or information, when required for
proper execution of the Work.
11.2.4. Shop DrawinQs 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, Reiecti9.D,of Defective Work, Inspections and Tests:
11.2.5.1. Conduct on-site observations of the Work in progress to assist ENGINEER in
determining if the Work is in general proceeding in accordance with the Contract Documents.
11.2.5.2. Report to ENGINEER whenever RPR believes that any Work is unsatisfactory,
faulty or defective or does not conform to the Contract Documents, or has been damaged, or
does not meet the requirements of any inspection, test or approval required to be made; and
advise ENGINEER of Work that RPR believes should be corrected or rejected or should be
uncovered for observation, or requires special testing, inspection or approval.
11.2.5.3. Verify that tests, equipment and systems startup and operating and maintenance
training are conducted in the presence of appropriate personnel, and the CONTRACTOR
maintains adequate records thereof; and observe, record and report to ENGINEER
appropriate details relative to the test procedures and startup.
11.2.5.4. Accompany visiting inspectors representing public or other agencies having
jurisdiction over the Project, record the results of these inspections and report to
ENGINEER.
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:
11.2.8.1. Maintain at the job site orderly files for correspondence, reports of job
conferences, Shop Drawings and samples, reproductions of original Contract Documents
including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional
Drawings issued subsequent to the execution ofthe Contract, ENGINEER's clarifications and
21
interpretations of the Contract Documents, progress reports, and other Project related
documents.
~
11.2.8.2. Keep a detailed and accurate diary or log book, recording CONTRACTOR hours
on the job site, weather conditions, prime and subcontractor daily work force, daily log of
equipment onsite or on standby, data relative to questions of Work Directive Changes,
Change Orders or changed conditions, list of job site visitors, daily activities, decisions,
observations in general, and specific observations in more detail as in the case of observing
test procedures; and send copies to ENGINEER.
11.2.8.3. Record names, addresses and telephone numbers of all CONTRACTORS,
subcontractors and major suppliers of materials and equipment.
11.2.9. Reports:
11.2.9.1. Furnish ENGINEER periodic reports as required of progress of the Work and of
CONTRACTOR's compliance with the progress schedule and schedule of Shop Drawing and
sample submittals.
11.2.9.2. Consult with ENGINEER in advance of scheduled major tests, inspections or
start of important phases of the Work.
11.2.9.3. Draft proposed Change Orders and Work Directive Changes, obtaining backup
material from CONTRACTOR and recommend to ENGINEER Change Orders, Work
Directive Changes, and Field Orders.
11.2.9.4. Report immediately to 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 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. Submit to CONTRACTOR, and ENGINEER a list of observed items requiring
completion or correction before ENGINEER may issue a Certificate of Substantial
Completion.
11.2.12.2 Assess completion or correction of items noted under 11.2.12.1, advise
ENGINEER on their status, and make recommendation to Engineer regarding issuance of a
Certificate of Substantial completion.
11.2.12.3. Conduct final inspection in the company of ENGINEER, OWNER, and
CONTRACTOR and prepare a final list of items to be completed or corrected.
22
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11.2.12.4. Observe that all items on final list have been completed or corrected and make
recommendations to ENGINEER concerning final acceptance.
11.3. 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. Shall not authorize OWNER to occupy the Project in whole or in part.
11.3.8. Shall not participate in specialized field or laboratory tests or inspections conducted by others
except as specifically authorized by ENGINEER.
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"
EXHIBIT C
TO AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES
PRELIMINARY LIST OF DRAWINGS
LOCATION MAP, VICINITY MAP, INDEX TO DRAWINGS
MISCELLANEOUS lEGENDS AND NOTES
THRUST BLOCK DETAILS AND TYPICAL ABBREVIATIONS
GENERAL STRUCTURAL NOTES
ELECTRICAL LEGENDS AND SYMBOLS
GROUP 2-SITEWORK
6 2-C-1
7 2-C-2
8 2-C.3
9 2-C~4
10 2-C-5
11 2-C-6
12 2-C-7
13 2-C-8
GENERAL SITE PLAN
GRADING AND lOCATION PLAN SW
GRADING AND LOCATION PLAN SE
OVERALL YARD PIPING PLAN
YARD PIPING PLAN SW
YARD PIPING PLAN SE
MISCELlANOUS SITEWORK DETAILS
WASTE GAS BURNER PLAN AND DETAilS
~ROUP 3-EXISTING ANAEROBIC DIGESTERS
14 3-S/M-1 UPPER LEVEL DEMOLITION PLAN AND NOTES
15 3-S/M-2 LOWER lEVEL DEMOLITION PLAN AND NOTES
16 3-S/M-3 DEMOLITION SECTIONS AND DETAILS
17 3-S/M-4 UPPER LEVEL MODIFICATIONS PLAN
18 3-S/M-5 LOWER LEVEL MODIFICATIONS PLAN
19 3-S/M-6 MODIFICATIONS SECTIONS AND DETAILS
20 3-S/M-7 MODIFICATIONS SECTIONS AND DETAilS
21 3-S/M-8 MODIFICATIONS SECTIONS AND DETAilS
GROUP 4-EXISTING_DIGESTER QONTROL BUILDING
22 4-M-1 UPPER LEVEL DEMOLITION PLAN AND NOTES
23 4-M-2 LOWER LEVEL DEMOLITION PLAN AND NOTES
24 4-M-3 DEMOLITION SECTIONS AND DETAILS
25 4-M-4 UPPER LEVEL MODIFICATIONS PLAN
26 4-M-5 lOWER lEVEL MODIFICATIONS PLAN
27 4-M-6 MODIFICATIONS SECTIONS AND DETAILS
28 4-M-7 MODIFICATIONS SECTIONS AND DETAILS
GROUp 5wNEW PRIMARY CLARIFIER
29 5-Sw1 STRUCTURAL FOUNDATION PLAN AND DETAilS
30 5~S.2 STRUCTURAL SECTIONS AND DETAILS
31 5-M-3 MECHANICAL PLAN AND DETAILS
32 5-S/M-4 STRUCTURAL/MECHANICAL SECTIONS AND DETAilS
33 5-S/M-5 STRUCTURAL/MECHANICAL SECTIONS AND DETAilS
34 5-M-6 MISCELLANEOUS PIPING CONNECTION/MODIFICATION DETAILS
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GROUP 6-ELECTRICAL
35 6-E-1
36 6-E-2
ELECTRICAL SITE PLAN
ELECTRICAL SCHEDULES AND DETAILS
GROUP 7~STANDARD DETAILS
37 7-D-1 CIVIL DETAILS
38 7-D-2 STRUCTURAL DETAILS
39 7-D-3 STRUCTURAL DETAILS
40 7-D-4 STRUCTURAL DETAILS
41 7-D-5 STRUCTURAL DETAILS
42 7-D-6 MECHANICAL DETAILS
43 7~D~7 MECHANICAL DETAILS
44 7-D-8 MECHANICAL DETAILS
45 7-D-9 MECHANICAL DETAILS
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SECTION
00020
00100
00300
00410
00500
00700
00810
PRELIMINARY SPECIFICATION LIST
TITLE
INVITATION TO BID
INSTRUCTIONS TO BIDDERS
BID FORM
BID BOND FORM (EJCDC No. 1910-28~C, 1996 Edition)
NONCOLLUSITON AFFIDAVIT
CERTIFICATION OF NONSEGRATED FACILITIES
INFORMATION REQUIRED OF BIDDERS
AGREEMENT FORM
PERFORMANCE BOND (EJCDC No. 1910-28A, 1996 Edition)
PAYMENT BOND (EJCDC No. 1910-28B, 1996 Edition)
STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION
CONTRACT (MMI No. 1910-8, 1996 Edition, Issued 4/20/98)
SUPPLEMENTARY CONDITIONS TO THE GENERAL
CONDITIONS
PREVAILING WAGE RATES (Montana Heavy Construction and Building Construction)
MISCELLANEOUS FORMS
NOTICE OF AWARD
NOTICE TO PROCEED
CHANGE ORDER
WORK CHANGE DIRECTIVE
ORDER TO CONTRACTOR TO SUSPEND WORK
ORDER TO CONTRACTORS TO RESUME WORK
APPLICATION FOR PAYMENT
CERTIFICATE OF SUBSTANTIAL COMPLETION
CONTRACTORS CERTIFICATE AND RELEASE
APPENDIX A
MPW STANDARD DRAWINGS
DRAWING NO. DESCRIPTION
2221-1
2221-2
2713-2
2722-8
Profess Serv Agree
Typical Utility Trench Detail
Pipe Bedding Alternate
Water and Sewer Main Separation
Nomograph for Air Testing Gravity Sewer Mains
26
12-12-00
-
GEOTECHNICAL INVESTIGATION REPORT**
APPENDIX B
**Note: The geotechnical report is included within this Project Manual for the Contractor's information only.
There is no expressed or implied guarantee that the data included, or the interpretations thereof, represent
either extreme, average, or the only soil and groundwater conditions to be found at the project site.
SECTION 01010
SECTION 01040
SECTION 01092
SECTION 01150
SECTION 01300
SECTION 01400
SECTION 01500
SECTION 01560
SECTION 01570
SECTION 01600
SECTION 01640
SECTION 01700
SECTION 02015
SECTION 02020
SECTION 02110
SECTION 02212
SECTION 02220
SECTION 02221
SECTION 02230
SECTION 02232
SECTION 02234
SECTION 02235
SECTION 02250
SECTION 02475
SECTION 02480
SECTION 02500
SECTION 02501
SECTION 02502
SECTION 02503
SECTION 02528
SECTION 02529
SECTION 026108
SECTION 02722
Profess Serv Agree
DIVISION 1 - GENERAL REQUIRMENTS
Summary of Work
Coordination and Site Conditions
Abbreviations and Reference Standards
Measurement and Payment
Submittals
Quality Control
Construction Facilities and Temporary Controls
Environmental Quality Control
Construction Traffic Control*
Product Shipment, Handling, Storage, and Protection
Manufacturer's Services
Contract Closeout
DIVISION 2 - SITEWORK
Move In and Site Preparation
Demolition and Salvage
Clearing and Grubbing
Removal of Existing Pavement, Concrete, Curb, Sidewalk,
Driveway and/or Structures*
Earthwork For Structures
Trench Excavation and Backfill For Pipelines and
Appurtenant Structures*
Street Excavation, Backfill, and Compaction*
Aggregates for Surfacing and Asphalt Plant Mixes*
Sub-Base Course*
Crushed Base Course*
Watering*
Surface Restoration
Finish Grading, Seeding and Landscaping
Cleanout Construction
Asphalt Materials*
Asphalt Prime and/or Tack Coat*
Hot Plant Mix Asphalt Concrete Base and Surface Course*
Concrete Curb and Gutter*
Concrete Sidewalks, Driveways, Approaches, Curb Turn Fillets, Valley Gutters, and
Miscellaneous New Concrete Construction*
Sanitary Sewer Main Materials*
Sanitary Sewer Mains*
27
12-12-00
.
SECTION 03100
SECTION 03200
SECTION 03251
SECTION 03300
SECTION 05500
SECTION 05520
SECTION 05530
SECTION 06100
SECTION 06500
SECTION 07121
SECTION 07160
SECTION 07220
SECTION 07530
SECTION 07620
SECTION 07720
SECTION 07900
SECTION 09900
SECTION 10400
SECTION 11334
SECTION 11370
SECTION 11380
SECTION 11381
SECTION 11382
SECTION 11383
SECTION 11384
Profess Serv Agree
DIVISION 3 - CONCRETE
Concrete Formwork
Concrete Reinforcement
Expansion and Construction Joints
Concrete
DIVISON 4 - MASONRY (NOT USED)
DIVISION 5 - METALS
Miscellaneous Metal Items
Handrails and Railings
Fabricated Grating
DIVISION 6 - WOOD AND PLASTICS
Rough Carpentry
Miscellaneous Fiberglass Items
DIVISION 7 - THERMAL AND MOISTURE PROTECTIONS
Cold Fluid Applied Waterproofing
Bituminous Dampproofing
Roof Deck Insulation
Single Ply Membrane Roofing
Flashing and Sheet Metal
Roof Accessories
Caulking and Sealants
DIVISON 8 - DOORS AND WINDOWS (NOT USED)
DIVISION 9 - FINISHES
Painting
DIVISION 10 - SPECIALITIES
Identifying Devices
DIVISION 11 - EQUIPMENT
Primary Clarifier Equipment
Digester Mixers
Hot Water Boiler Package
Digester Gasholder Cover
Sludge Heat Exchanger and Accessories
Digester Gas Safety Equipment and Specialties
Waste Gas Burner
28
12-12-00
.
SECTION 13705
SECTION 15000
SECTION 15001
SECTION 15001A
SECTION 15001 B
SECTION 15001 D
SECTION 15001 F
SECTION 15001 G
SECTION 15001 H
SECTION 150011
SECTION 15001 K
SECTION 15001 M
SECTION 15001Q
SECTION 15001 R
SECTION 15070
SECTION 15080
SECTION 15082
SECTION 16045
SECTION 16050
SECTION 16452
SECTION 16470
SECTION 16482
DIVISON 12 - FURNISHINGS (NOT USED)
DIVISON 13 - SPECIAL CONSTRUCTION
Instrumentation and Controls
DIVISON 14 - CONVEYING SYSTEMS (NOT USED)
DIVISION 15 - MECHANICAL
Piping Schedule
Plant Piping - General
DPS: Cement Lined Ductile Iron Pipe and Fittings
DPS: Mill-Type Steel Pipe and Fittings (General Service)
DPS: Epoxy Lined Welded Steel Pipe and Fittings
DPS: Galvanized Steel Pipe and Malleable Iron Fittings
DPS: Stainless Steel Pipe and Fittings
DPS: Polyvinyl Chloride (PVC) Pipe and Fittings
DPS: Chlorinated Polyvinyl Chloride (CPVC) Pipe and Fittings
DPS: Copper and Copper Alloy Pipe, Tubing and Fittings
DPS: Thickwall PVC Pipe (AWWA C900 and AWWA C905)
DPS: High Density Polyethylene Pipe and Fittings
DPS: Glass Lined Ductile Iron Pipe and Fittings
Miscellaneous Piping Specialties
Manual Valves
Self Contained Automatic Valves
DIVISION 16 - ELECTRICAL
Basic Electrical Requirements
Basic Materials And Methods
Grounding
Electrical Distribution System
Motor Control Equipment
*
Montana Public Works Standard Technical Provisions, Fourth Edition, January 1996 with addendums
specification section. These sections are included by reference and are not bound in this Project
Manual.
END OF TABLE OF CONTENTS
H: \MUNICIPAL \Bozeman WWTP\WWTP Contract. wpd
Profess Serv Agree
29
12-12-00
.
Exhibit D Engineering Fee Estimate
City of Bozeman WWTP Modifications
4,1 Pre-Design Investigation Phase
STAFFHOUR ESTIMATE (Revised 1~-O9-OO)
PROJ MGR
TOTAL PRINCIPAL SR PROC SR DESIGN PROJECT SENIOR DRAFT
TASK HOURS ENGINEER ENGR ENGR ENGINEER TECH TECH CLERICAL PRINTER
Task 1.Projact Man.gement 0
Project Direction/Kickoff Meeting 15 6 6 1
Prepare Dreft Management Plan 18 8 8 2
Project Administration 8 a
0
0
Task 2.Dato Collection/Review 0
Coliect Plans, Specs, Stud,os from City 2 2
Summari,e Current Conditions 8 4 4
Project Future Fiows and Loads 8 4 4
Initiai Site VisiVReview of Exst Facilities 32 8 24
0
0
Task 3.Dlgo.ter Cleaning/Field Evaluation 0
Coordination of Subcontractor Activities 4 4
Evaluation Site Visit 16 a a
0
0
Task 4.Analysls of Alternatives 0
Exst Digester Condition Review and Anaiysis 12 4 4 4
Digestar Hatches end Roof System Analyses 8 8
Evaluate 2 Sec Digester Cover Alternatives a 6 2
Methane Gas System NVaste Burner Improvements 12 2 2 a
New Boiler/Heat Exchanger Alternatives 12 4 8
New Primary Clarifier Analysis 6 6
Gravity Thickener Pipe Analysis 6 2 4
Chlorine vs. UV Cost Effective Analysis 16 6 6 2
0
0
Task 5.Final Basis of Dosign Roport Preparation 0
Prepare Drafts of 8.9 Sections 60 8 a 8 4 8 16
Printing/Submission to City 4 4
Meet with City to Discuss FBD Report 16 a
Internal Quality Control Review 8 a
Make Changes to FBD report 18 2 2 4 2 8
Printing/Submit Report to City,MDEQ 5 1 4
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
SUBTOTAL OF STAFFHOURS REQUIRED 302 67 58 74 22 4 10 37 10
HOURLY LABOR COST $98_50 $77.50 $65_25 $52,50 $57.00 $39_00 $30_00 $4200
TOTAL COST OF LABOR $21,196 $8,570 $4,495 $4,829 $1,155 $228 $390 $1,110 $420
"
NUMBER UNIT TOTAL
DIRECT EXPENSE DESCRIPTION UNITS UNITS COST COST ASSUMPTIONS
Subsistenca Per Diem days 2 $65,00 $130.00
Automobile Transportation
Mileage miles 600 $0.32 $192,00
Time hours 0 $4_00 $0.00
Other T raval each 0 $0,00 $0,00
Subcontracted Services: Digester Cleaning Is 1 $12,000.00 $12,000_00
Subcontracted Services:Corrosion Specialist Is 1 $6,200_00 $6,200,00
Photos Is 4 $5_00 $20,00
General Printing sheets 2000 $0,10 $200.00
Plan Printing shsets 10 $0_60 $6_00
ComputerfTelephonolF ax hours 302 $1_50 $453.00
Postage/Freight eaoh 3 $10.00 $30,00
Miscellaneous Is 1 $10.00 $10,00
TOTAL DIRECT EXPENSES $19,241
Direct Labor
DIRECT LABOR EXPENSE COST
LABOR! FACTOR FACTOR CEILING
EXPENSE 0.00% 0.00%
$21,196 0,00% $21,196.00
$19,241.00 0.00% $19,241,00
$40,437.00
$3,179.40
$43,616.40
TABLE/DESCRIPTION
Direct Expenses
TASK SUBTOTAL COST
FIXED FEE@ 15% OF LABOR
TOTAL TASK COST PLUS FIXED FEE
..
Exhibit D Engineering Fee Estimate
City of Bozeman WWTP Modifications
4.2 Preliminary Design Phase
STAFFHOUR ESTIMATE (Revised 12"09.00)
PROJ MGR TWO MAN
TOTAL PRINCIPAL SR PROC SR DESIG PROJECT SENIOR DRAFT SURVEY
TASK HOURS ENGINEER ENGR ENGR ENGINEER TECH TECH CLERICAL PRINTER CREW
Task 1.Projecl menagement 0
Final Management Plan 4 2
Project Adm inistration 8 8
0
0
Task 2.Fleld Survey 0
Design and Construction Survey 18 2 16
Site Plan Development 10 2 2 6
0
0
Task 3-Geolechn;cal Investigation 0
Coordination of Subconsultant 6 4
0
0
Task 4.Prellmlnary Drawings 0
General Sheets(5) 20 2 6 4 8
Sitework Sheets(8 Civil) 232 16 24 64 80 48
Exs! Digesters Sheets(6 Str/Meeh) 360 40 40 120 100 60
Digester Gontrol Bldg Sheets(7 Mech) 276 8 8 120 40 80 20
Primary Clarifiar Sheets(6 Str/Mech) 284 24 60 60 60 60
Electrical Sheets(2) 60 40 40
Standard Detail Sheats(9) 96 8 8 6 40 32
0
0
Tesk 5.preliminary Specificalions 0
ITB,ITB, Agreament&Bonds, Gen/Supp Gond 16 6 6
Division 1 Tech Specs(12) 24 4 8 4 8
Division 2 Tech Specs(10) 20 4 6 8
Division 3 Tech Spacs(4) 16 2 2 8 4
Division 5 Tech Specs(3) 6 2 2 2
Division 6 Tech Specs(2) 4 2 2
DiviSion 7 Tech Spacs(7) 12 2 2 4 4
Division 9 Tech Spacs(1) 4 2 2
Division 10 Tach Specs(1) 4 2 2
Division 11 Tach Specs(7) 56 16 16 24
Division 13 Tech Specs(1) 22 4 2 8 8
Oivision 15 Tech Specs(16) 40 4 12 8 15
Oivision 16 Tech Specs(5) 12 8 4
0
0
Task 6.Preliminary Design Report 0
Cost Opinion 44 4 8 15 16
Printing and Distribution to City/MOEQ 14 2 12
0
0
Task 7.Qualily Control 0
Internal Senior Review 84 4 40 40
Review Meeting wilh City 8 8
0
0
0
0
0
SUBTOTAL OF STAFFHOURS REQUIRED 1780 142 164 382 314 422 234 94 12 16
HOURLY LABOR COST $98.50 $77.50 $65,25 $52.50 $57.00 $39.00 $30.00 $42.00 $63,00
TOTAL COST OF LABOR $105,940 $13,987 $12,710 $24,926 $16,485 $24,054 $9,126 $2,820 $504 $1,328
..
NUMBER UNIT TOTAL
DIRECT EXPENSE DESCRIPTION UNITS UNITS COST COST ASSUMPTIONS
Subsistence Per Diem days 4 $23.00 $92.00
Automobile Transportation
Mileage miles 400 $0_32 $128,00
Time hours 0 $4_00 $0.00
Other Travel each 0 $0_00 $0_00
Subcontracted Services:Geotachnioal Is 1 $5,500.00 $5,500,00 1 bonng and analyses
Subcontracted Services:Corroslon Is 1 $3,000.00 $3,000.00
Photos Is 2 $5.00 $10_00
General Printing sheets 6000 $0_10 $600.00
Plan Printing sheets 400 $060 $240,00
Com puterfT elephone/F ex hours 1780 $1.50 $2,670.00
Postage/F reight each 10 $10_00 $100_00
Miscellaneous Is 1 $50.00 $50_00
TOTAL DIRECT EXPENSES $12,390
TABLE/DESCRIPTION
DIRECT
LABOR!
EXPENSE
LABOR
FACTOR
0.00%
EXPENSE
FACTOR
0.00%
COST
CEILING
Direct Labor
$105,940
0,00% $105,939_50
Direct Expenses
$12,390_00
0_00% $12,390,00
TASK SUBTOTAL COST
$118,329.50
FIXED FEE@ 15% OF LABOR
$15,890,93
TOTAL TASK COST PLUS FIXED FEE
$134,22043
Exhibit D Engineering Fee Estimate
City of Bozeman WWTP Modifications
4.3 Final Design Phase
STAFFHOUR ESTIMATE (Revised 12.09.00)
PROJ MGR
TOTAL PRINCIPAL SR PROC SR DESIGN PROJECT SENIOR DRAFT
TASK HOURS ENGINEER ENGR ENGR ENGINEER TECH TECH CLERICAL PRINTER
Task 1.proJect management 0
Projee! Administration 2 2
0
0
Task 2.Flnal Drawings 0
General Sheets(5) 12 2 4 6
Sitawork Sheets(8 Civil) 24 2 2 8 4 8
Exst Oigasters Sheats(8 Str/Mech) 72 8 16 16 16 16
Digester Control Bldg Sheets(? Mech) 48 16 16 8 8
Primary Clarifier Sheets(6 Str/Mech) 50 6 4 20 8 12
Electrical Sheets(2) 10 4 6
Standard Detail Sheets(9) 12 2 2 8
0
0
Task 3.Flnal Specifications 0
ITB,IT8, Agreement&Bonds, Gen/Supp Cond 5 3 2
Division 1 Tech Specs(12) 3 2 1
Division 2 Tech Specs(10) 4 2 2
Division 3 Tech Specs(4) 3 2 1
Division 5 Tech Specs(3) 4 1 2
Division 6 Tech Specs(2) 1 1
Division 7 Tech Specs(?) 3 1
Division 9 Tech Specs(1) 2 1
Division 10 Tech Specs(1) 1 1
Division 11 Tech Specs(7) 18 4 4 4 6
Division 13 Tech Specs(1) 6 2 2 2
Division 15 Tech Specs(16) 10 2 2 4 2
Division 16 Tech Specs(S) 4 2 2
0
0
Task 4.Revlse Cost Opinion 12 2 2 4
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
SUBTOTAL OF STAFFHOURS REQUIRED 306 29 21 58 70 46 58 24 0
HOURLY LABOR COST $98.50 $77.50 $65.25 $52.50 $57.00 $39.00 $30.00 $42.00
TOTAL COST OF LABOR $17.546 $2,857 $1.626 $3.785 $3,675 $2.622 $2,262 $720 $0
..
NUMBER UNIT TOTAL
DIRECT EXPENSE DESCRIPTION UNITS UNITS COST COST ASSUMPTIONS
Subsistence Per Diem days 0 $65_00 $0_00
Automobile Transportation
Mileage miles 20 $0.32 $6.40
Time hours 0 $4.00 $0_00
Other Travel each 0 $0,00 $0,00
Subcontracted Services:None Is 0 $0_00 $0,00
Photos Is 0 $0_00 $0_00
General Printing sheet. 100 $0_10 $10_00
Plan Printing sheets 30 $0,60 $18,00
ComputerfT elephone/F ax hours 306 $1,50 $459,00
Postage/Freight eech 1 $10.00 $10_00
Miscellaneous Is 1 $25_00 $25_00
TOTAL DIRECT EXPENSES $526
TABLE/DESCRIPTION
DIRECT
LABOR!
EXPENSE
EXPENSE
FACTOR
0,00%
LABOR
FACTOR
0.00%
COST
CEILING
D iree! Labor
$17,548
0.00%
$17,547_50
Direct Expen.e.
$528,40
0,00%
$18,075_90
TASK SUBTOTAL COST
FIXED FEE@15%OF LABOR
TOTAL TASK COST PLUS FIXED FEE
$528.40
$2,632.13
$20,708.03
"-
EJ<hibit D Engineering Fee Estimate
City of Bozeman WWTP Modifications
4.4 Bidding Or Negotiating Phase
STAFFHOUR ESTIMATE (Revised 12.09.00)
PROJ MGR
TOTAL PRINCIPAL SR PROC SR DESIG PROJECT SENIOR DRAFT
TASK HOURS ENGINEER ENGR ENGR ENGINEER TeCH TeCH CLERICAL PRINTER
Task 1.proJect Management 0
Project Administration 4 4
0
0
Teek 2.Printing Documents 16 16
0
0
Task 3-Bld Phase Services 0
Advertisement for Bids 1 1
Distribution & Planholder's List 14 4 4 6
Interpretations end Addenda 52 B 16 16 B 4
Pre Bid Conference 14 8 4 2
Bid Opening 2 2
Bid Evaluation and Awerd Recommendation 14 B 2 4
0
0
Task 4.Contract Documents 0
Prepare Agreement and Bond Forms 4 2
Review Forms and Insurance with City 4 4
Prepare Contract Documents 8 2 2 4
0
0
Task 5~Coo9truction Documents 6 4
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
SUBTOTAL OF STAFFHOURS REQUIRED 139 40 0 20 28 0 0 22 29
HOURLY LABOR COST $98.50 $77. 50 $6525 $52.00 $57.00 $39.00 $30.00 $42.00
TOTAL COST OF LABOR $8.579 $3,940 $0 $1,305 $1,456 $0 $0 $660 $1.218
NUMBER UNIT TOTAL
DIRECT EXPENSE DESCRIPTION UNITS UNITS COST COST ASSUMPTIONS
Subsistence Per Diem days 0.25 $65.00 $16.25
Automobile Transportation
Mileage miles 210 $0.32 $67.20
Time hours 0 $4.00 $0_00
Other Travel each 0 $0_00 $0.00
Subcontracted Sarvices:None Is 0 $0_00 $0_00
Photos Is 0 $0.00 $0.00
General Printing sheets 60000 $0.10 $6,000.00 80 sets of Documents
Plan Printing sheets 900 $0.60 $540.00 20 Ie II si~e sets 01 Drawings
Document Charge Refunds each 30 ($100_00) ($3,000.00) 30 set. to Contractors/Suppliers
ComputerrT elephone/F ax hours 140 $1.50 $210.00
Postage/Freight each SO $10.00 $SOO.OO
Miscellaneous Is 1 $50_00 $50.00
TOTAL DIRECT EXPENSES
$4,483
Direct Labor
DIRECT LABOR EXPENSE COST
LABOR! FACTOR FACTOR CEILING
EXPENSE 0.00% 0_00%
$8,579 0.00% $8,579_00
$4.483.45 0.00% $4,483.45
$13,062.45
$1,286_85
$14,349.30
TABLE/DESCRIPTION
Direct Expenses
TASK SUBTOTAL COST
FIXED FEE@ 15% OF LABOR
TOTAL TASK COST PLUS FIXED FEE
Exhibit D Engineering Fee Estimate
City of Bozeman WWTP Modifications
4.5 Construction Phase
STAFFHOUR ESTIMATE (Revised 12'01"00)
PROJ MGR RESIDENT
TOTAL PRINCIPAL SR PROC SR DESIG PROJECT SENIOR PROJECT
TASK HOURS ENGINEER ENGR ENGR ENGINEER TECH REP CLERICAL
Task 1 -Project Management 0
Meetings with City/Contractor 40 16 24
Project Administration 40 20 20
0
0
Task 2"Construction Administration 0
Preconstruotion Conference 20 8 4 8
SI10p Drawing Reviews 192 8 40 40 80 24
Payment Estimates 48 40 8
Gsneral Correspondence 48 8 40
Interpreta.tions and Change Orders 248 24 24 60 100 40
Periodic Site Visits 156 16 60 80
Substantial Completion Inspection 48 8 24 8
Final Completion Inspection 24 8 8 8
Punch List and Report to City 20 8 8 4
Eleven Month Inspection and Report 24 8 12 4
0
0
Task 3.Resident Project Representative 1122 1122
Assumes 8_5 month construction time with local 0
RPR at site for 75% time over entire period. 0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
SUBTOTAL OF STAFFHOURS REQUIRED 2030 132 64 192 424 24 1138 56
HOURLY LABOR COST $115.00 $90_00 $77.00 $64.00 $68.00 $60.00 $35.00
TOTAL COST OF LABOR $134,732 $15,180 $5,760 $14,784 $27,136 $1,632 $66,260 $1,960
..,
NUMBER UNIT TOTAL
DIRECT EXPENSE DESCRIPTION UNITS UNITS COST COST ASSUMPTIONS
Subsistence Per Diem days 4 $23.00 $92_00 Miscellaneous site visits
Automobile Transportation
M Heage miles 1,400 $0_32 $448_00
Tima hours 0 $4.00 $0.00
Other Travel each 0 $0_00 $0.00
Subcontracted Services: Corrosion Inspeotion Is 1 $1,000.00 $1,00000
Photos selS 80 $7.50 $600,00
General Printing sheets 1000 $0.10 $100_00
Plan Printing sheets 200 $0.60 $120_00
Com puterfT elephone/F ax hours 900 $1.50 $1,350,00
Postege/Freight each 80 $10,00 $800 00
Miscellaneous Is 1 $100_00 $100_00
TOTAL DIRECT EXPENSES $4,610
DIRECT LABOR EXPENSE COST
LABOR! FACTOR FACTOR CEILING
TABLE/DESCRIPTION EXPENSE 0.00% 0.00%
Direct Labor $134,732 0_00% $134,732_00
Direct Expenses $4,610,00 0.00% $4,610,00
TASK SUBTOTAL $139,342_00
..
.
,
Exhibit D Engineering Fee Estimate
City of Bozeman WWTP Modifications
4.6 Project Documentation and 4.7 Construction Testing
STAFFHOUR ESTIMATE (Revised 12.01-00)
PROJ MGR PRINTERI
TOTAL PRINCIPAL SR PROC SR DESIGN PROJECT SENIOR TESTING DRAFT
TASK HOURS ENGINEER ENGR ENGR ENGINEER TECH TECH CLERICAL TECH
Task 1 "Project Documentation 0
Project Record Drawings 120 4 24 aa
Project Notebook to City 18 2 8 8
0
0
Tas~ 2-Construction Tosting 0
Concrete Testing(assume 40 Sets) 80 80
So ii/Pavement Densities(by RPR) 0
Soil Aggregate Gradations(assume 10 sets) 0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
SUBTOTAL OF STAFFHOURS REQUIRED 218 6 4 0 32 0 aD 0 96
HOURLY LABOR COST $113.50 $89.00 $75.00 $64.00 $66.00 $60_00 $35_00 $48_00
TOTAL COST OF LABOR $12,493 $681 $356 $0 $2,048 $0 $4,800 $0 $4,608
..- '-,
NUMBER UNIT TOTAL
DIRECT EXPENSE DESCRIPllON UNITS UNITS COST COST ASSUMPTIONS
Subsistance Par Diem days 0 $65,00 $0,00
Automobile Transportation
Mileage miles 400 $0.32 $128,00
Time hours 0 $4.00 $0.00
Concrete Test Materials/Cylinder Braaks sets 40 $9B.00 $3,920.00 $40/sel ma!'1 and $4B/sel break
Nucloar Dansity Testing mo G $650.00 $3,900.00
Aggregate Gradation Tests sats 10 $100,00 $1,000,00
General Printing sheels 1000 $0.10 $100.00
Plan Printing sheets 100 $0.60 $60,00
Com puterfTalaphona/F ax hours 140 $1.50 $21000
Postage/Freight each 3 $10,00 $30.00
Miscellaneous(Mylar Sheets) each 44 $12.00 $528 00
TOTAL DIRECT EXPENSES $9,876
DIRECT LABOR EXPENSE COST
LABOR! FACTOR FACTOR CEILING
TABLE/DESCRIPTION EXPENSE 0.00% 0.00%
Direct Labor $12,493 0.00% $12,493.00
Direel Expenses $9,B76.00 0.00% $9,876,00
TASK SUBTOTAL $22,369.00
"'\
.~
AMENDMENT NO.1
TO THE PROFESSIONAL SERVICES AGREEMENT DATED JANUARY 2,2001
BETWEEN THE CITY OF BOZEMAN, MONTANA
AND
MORRISON-MAIERLE, INC.
This Amendment shall become a supplement to and part of the PROFESSIONAL
SERVICES AGREEMENT BETWEEN OWNER AND ENGINEER ("AGREEMENT")
between Morrison-Maierle, Inc. ("ENGINEER") and the City of Bozeman ("OWNER"),
dated January 2, 2001. The following alterations and additions are considered to be a
part of the original AGREEMENT:
I. Article 4 - Basic Engineering Services.
The following items shall be added to, or amended in, the Engineer's scope of
work in Article 4:
1. Article 4.1 Pre-Design Investigation Phase:
4.1.6.10. Evaluate four alternatives for the existing Secondary Anaerobic
Digester tank and roof system:
. Leave the digester as a secondary digester and replace the existing steel
floating cover with a new steel gasholder cover designed to provide a
practical maximum amount of gas storage.
. Leave the digester as a secondary digester and replace the existing steel
floating cover with a new steel gasholder cover designed to provide an
average amount of gas storage.
. Convert the digester to a primary digester with sludge heating, mixing, and
a new fixed concrete roof.
. Convert the digester to a primary digester with sludge heating, mixing, and
a new floating steel gasholder cover.
2. Article 4.2 Preliminary Design Phase:
4.2.5 Add the following facilities to the project scope to be included in the design
plans and specifications in the project design phase:
. Replacement of the existing secondary digester steel cover with a new
fixed concrete roof.
. Addition of two mechanical draft tube mixers in the existing secondary
digester to convert it to a primary digester.
Amendment No.1, Page 1 of 2
..
. Piping, electrical, and control system modifications in the digester and the
digester control building to allow operation of both existing digesters as
primary digesters.
. Add a new primary scum pump station for the new primary clarifier.
4.2.5.1 The number of design drawing sheets is estimated to increase from 45
sheets to 51.5 sheets to accommodate the new facilities not included in the
original scope of work. More specification sections (approximately 3) are
required for the new facilities.
II. Article 6 - Compensation for Engineering Services.
The following items shall be added to, or amended in, the Engineer's payment
schedule in Article 6.
1. Article 6.1 Cost Payment for Basic Services of, Expenses of, and Fixed Fee
for the Engineer:
6.1.3 The lump sum fixed fee shall be changed from $22,989 to $26,416.
6.1.4. The total payment shall be changed from $212,894 to $240,057.
IN WITNESS WHEREOF, THE PARTIES EXECUTE BELOW:
For the OWNER, City of Bozeman, Montana, dated this 21st day of ~1ay
2001.
By:' .\~*
Name
------1
......., '_~W'~~~__'__._~
City ManaQer
Title
For the ENGINEER, Morrison-Maierle, Inc., dated this 2411: day of ApY'//
2001. I
By: ~u,9ti~
Name
President
Title
:~~./ h~
(Clerk of Commission)
APPROVED AS TO FORM
By: - ~;;a~----
(City A orney)
--
H:\MUNICIPALIBozemanWWTP\AMENDMENT NO.1.Bozeman.04.24 doc
Amendment No.1, Page 2 of 2
Exhibit 0 Engineering Fee Estimate
City of Bozeman WWTP Modifications
Amendment No.1
STAFF HOUR ESTIMATE (04-05-01)
PROJ MGR
TOTAL PRINCIPAL SR PROC SR DESIGN PROJECT SENIOR DRAFT
TASK HOURS ENGINEER ENGR ENGR ENGINEER TECH TECH CLERICAL PRINTER
Pre.Deslgn Investigation Phase 0
Evaluate Secondary Digester Altematives e 8
Meetings with City Staff e 6 2
Final Basis of Design Report Rewrite 10 6 4
0
Preliminary DeSign Phase 0
Prepare 2 Addllional Digester Drawings 92 e e 16 12 24 24
Prepare 3 Additional Control Bldg Drawings 136 16 24 16 16 32 32
Prepare 1 Additional Electncal/Control Drawing 40 20 20
Additional Control System Specs 16 4 e 4
0
Final Design Phase 0
Final 6 Additional Drawings 56 4 8 8 16 16
Final Specifications 4 2 2
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
SUBTOTAL OF STAFFHOURS REQUIRED 370 54 36 68 36 92 72 12 0
HOURL Y LABOR COST $9B.50 $77.50 $65.25 $52.50 $57.00 $39.00 $30.00 $42.00
TOTAL COST OF LABOR $22,848 $5,319 $2,790 $4,437 $1,890 $S,244 $2,808 $360 $0
FIXED FEE @ 15'10 OF LABOR
DIRECT LABOR EXPENSE COST
LABOR! FACTOR FACTOR CEILING
EXPENSE 0.00'10 0,00.;.
$22,848 0.00'1, $22,848.00
$888.00 0,00'10 $888.00
523,736,00
53,427,20
$27,163.20
.
NUMBER UNIT TOTAL
DIRECT EXPENSE DESCRIPTION UNITS UNITS COST COST ASSUMPTIONS
SubsistenCe per DIem days 0 $65,00 $0.00
Automobile Transportation
Mileage miles 200 $0,32 $64.00
Time MUrs 0 $4.00 $0.00
Other Travel each 0 $0.00 $0,00
Subcontracted Services Is 0 $0,00 $0,00
pnotos Is 4 55,00 $20,00
Generat Printing sheets 200 $0,10 $20,00
Plan Printing sheets 40 $0.60 $24,00
ComputerrT elephonelF ax hours 370 $2,00 $740.00
postage/Frelgnt eacn 1 $10.00 $10.00
Miscellaneous Is 1 $10.00 $10.00
TOTAL DIRECT EXPENSES $888
TABLE/DESCRIPTION
Direct Labor
Direct Expenses
TASK SUBTOTAL COST
TOTAL TASK COST PLUS FIXED FEE
"
AMENDMENT NO.2
TO THE PROFESSIONAL SERVICES AGREEMENT DATED JANUARY 2, 2001
BETWEEN THE CITY OF BOZEMAN, MONTANA
AND
MORRISON-MAIERLE, INC.
This Amendment shall become a supplement to and part of the PROFESSIONAL
SERVICES AGREEMENT BETWEEN OWNER AND ENGINEER ("AGREEMENT")
between Morrison-Maierle, Inc. ("ENGINEER") and the City of Bozeman ("OWNER"), dated
January 2, 2001 and previously amended with Amendment No.1, dated May 21, 2001.
The following alterations and additions are considered to be a part of the original
AGREEMENT:
I. ARTICLE 1 - ENGINEERING SERVICES
The following items shall be added to, or amended in, the description of the Engineer's services in
Article 1 :
1. Article 1.1 The detailed description of the specific project components is described as follows:
BANK STABILIZATION AND OUTFALL DITCH RECONSTRUCTION
. Provide services necessary to obtain permits for outfall ditch reconstruction and bank
stabilization measures on the East Gallatin River.
. Produce a set of design plans and specifications, including both the outfall ditch
reconstruction and bank stabilization measures.
· Assist the City with bidding the construction of the project, including the outfall ditch
reconstruction and the bank stabilization measures.
· Provide construction services for both the outfall ditch reconstruction and construction of the
bank stabilization measures
2. Article 1.2 The scope of services under this contract are set forth in this agreement and
amendments thereto and the attached EXHIBITS.
II. ARTICLE 4 . BASIC ENGINEERING SERVICES
The following items shall be added to, or amended in, the Engineer's scope of work in Article 4:
1. Pertaining to Article 4.1.5, it was originally assumed that the digester cleaning task would
include the removal of a maximum amount of 40,000 gallons of sludge and grit. Due to unforeseen
circumstances, the OWNER could not drain the digester as much as originally anticipated and an
Amendment No.2, Page 1 of 5
"
actual amount of 80,000 gallons of sludge and grit was removed. This extra material required about
1 % to 2 days of additional time in the digester cleaning operation
2.
4.8
DESIGN PHASE- Bank Stabilization and Outfall Ditch Project
After written authorization to proceed, ENGINEER shall:
4.8.1 Consult with OWNER to determine general scope, extent and character of the
project.
4.8.2 Identify and analyze requirements of governmental authorities having Jurisdiction to
grant any required permits and to approve the design of the project and participate in
consultations with such authorities. The permits likely to be required include:
. Stream Protection Act (SPA 124) Permit from the Montana Department of Fish,
Wildlife and Parks.
. Floodplain Permit from the Gallatin County floodplain administrator
. Section 404 Permit from the U.S. Army Corps of Engineers
. 3A Authorization from the Montana Department of Environmental Quality
4.8.3 Wetlands Investiqation. The ENGINEER shall conduct a site visit and produce a
letter describing any wetlands present in the project area that could be affected by
construction activities.
48.4)esiqn and Construction Survey. The ENGINEER shall conduct a field survey to
provide data necessary for design of both the outfall ditch reconstruction and the bank
stabilization measures. The ENGINEER shall provide suitable horizontal and vertical
reference control points for the construction phase.
4.8.5 Produce a conceptual design of the outfall ditch reconstruction portion of the project.
4.~L5.1 The following two alternatives will be evaluated for reconstruction of the
outfall ditch:
Installing a pipe along the current outfall ditch alignment from the end of the
existing outfall pipe to near the bank of the East Gallatin River.
. Reconstructing the outfall ditch to an appropriate cross-section through the
installation of riprap and other suitable fill material.
4.f.5.2 The conceptual design will consist of a single plan sheet with details showing
the two potential alternatives.
4.8.5.3 The ENGINEER will provide a summary letter report of the conceptual
design including an opinion of probable construction costs for the two alternatives to
the OWNER.
4.8.6 Produce a conceptual design of the bank stabilization measures portion of the
project.
4.8.6.1 The following three alternatives will be evaluated for construction of the bank
stabilization.
Amendment No.2, Page 2 of 5
. Complete riprap of the bank from toe to top of bank
. Partial bank riprap in conjunction with upper bank vegetative stabilization
. Bendway weirs
4.8.6.2 The conceptual design will consist of a single plan sheet with details showing
the three potential alternatives.
4.8.6.3 The ENGINEER will provide a summary letter report of the conceptual
design including an opinion of probable construction costs for the three alternatives to
the OWNER.
4.8.7 Prepare applications for all permits and approvals determined to be required for
construction of this project. The Montana Department of Natural Resources' form entitled
"Joint application for proposed work in Montana's streams, wetlands, floodplains and other
water bodies" will be prepared to apply for those permits described in Section 4.8.2 of this
document. The conceptual designs of the outfall ditch reconstruction and the bank
stabilization measures portions of the project will be submitted along with the permit
applications.
4.8.8 I~o COl1l?ervation District Hearinqs.. The ENGINEER will attend the Conservation
District hearing that will be scheduled for a preliminary review of the OWNER's permit
application. The ENGINEER will also attend a second Conservation District hearing that will
be scheduled following the agency site visit described in Section" .8.9 of this document.
4.8.9 A!:lency ~it~Vi:;;~ The ENGINEER will arrange a field visit to the site to review the
project with the OWNER and personnel from all agencies required to provide permits prior to
construction of the project.
4.8.10 Prepare a Report containing the ENGINEER's recommended alternatives for the
outfall ditch reconstruction and bank stabilization measures. This Report will be
accompanied by ENGINEER's opinion of probable Total Project Costs for the selected
alternatives. The selection of alternatives will consider comments provided in the
Conservation District hearings and the agency field visit.
4.811 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.
4.8.12 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.
4.8.13 Prepare for review and approval by OWNER, its legal counsel and other advisors,
contract agreement forms, general and supplementary conditions, and (where appropriate)
bid forms, invitations to bid and instructions to bidders, special provisions, technical
specific:;] ions, 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. ENGINEER
shall 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
Amendment No.2, Page 3 of 5
,I
permits or approvals from authorities having jurisdiction to review and approve the design,
and assist OWNER in securing such approvals.
4.8.14 Furnish OWNER four copies of the Contract Documents (including design drawings,
specifications and contracts).
III. ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICI;
The following items shall be added to, or amended in, the Engineer's payment schedule in Article 6:
1. Article 6.1, Cost Payment for Basic Services of, Expenses of, and Fixed Fee for the Engineer:
Professional engineering services performed as Basic Engineering Services under Sections 41
through 4.4 and 4.8 of this Agreement and Amendments thereto shall be compensated in
accordance with the following:
6.1.2 RElIml:llJ{$<:lRJ&LEl2sP_El[lSEl$. The ENGINEER will be reimbursed for actual out-of-pocket
expenses as specified in Section 7.4 An expense of $6,764 is included in the total payment
(Section 6. "4 as amended below) to cover the additional subcontracted digester cleaning
expense described under Section 41.5 (as amended).
6.1.3 The lump sum fixed fee shall be changed from $26,416 to $30,112.
6.1.4 The total payment shall be changed from $240,057 to $279,334.
2. Article 6.2 Direct Labor Cost for Basic Services and Expenses of Engineer:
6.2,1 The "not to exceed" amount (except as provided under 6.2.1.2 and 6.2.4) shall be
changed from $161,711 to $177,402.
IN WITNESS WHER:=OF, THE PARTIES EXECUTE BELOW:
For the OWNER, City of Bozeman, Montana, dated this
2001.
~ \
-_.__.,,'~
'T-I.-i
17
day of .~q\~j
(
By:
City ManaQer
Title
Name
For the ENGIt\lEER, Morrison-Maierle, Inc., dated this
2001.
BY~~~
Name
Z2ncl dayof .:lttne ,
President
Title
Amendment No 2, Page 4 of 5
'.
ATTEST: ~
By:~2 ·
(Clerk of Commission)
APPROVED AS TO FORM
BY/~~
(Ciiy A/y)
.'
H:\MUNICIPAL \BozemanWWTP\amendment2_WWTP _doc
Amendment No.2, Page 5 of 5
1 j
\ I
Exhibit D Engineering Fee Estimate
City of Bozeman WWTP
Amendment No.2
4.8 DESIGN PHASE- Bank Stabilization and Outfall Ditch Project
STAFFHOUR ESTIMATE (Revised 6-15-01)
BANK STABILIZATION PORTION
2-MAN
TOTAL STAFF SURVEY
TASK HOURS PROJ MGR ENGR CREW DRAFT TECH. CLERICAL PRINTER
PERMITTING PHASE
Field Survey 20 8 12
Develop 3 Design Alternatives 12 4 8
Conceptual Design and Cost Estimates of 3
Alternatives 30 6 8 16
Prepare Joint Perrnit Application 6 2 4
Conservation District Hearings 12 4 8
Site Visit with Agency Representatives 16 8 8
Select Preferred Alternative 8 4 4
DESIGN PHASE
Identify project scope with City, bflsed on
preferred alternative 8 4 4
Develop design drawings and technical
specifications 80 8 32 32 8
Assess impact to 1 OO-year flood elevation 4
Submit Design Package to City and Agencies 12 4 4 4
Incorporate Comments and Develop Final Design
Package 28 8 8 8 4
TASK *
PERMITTING PHASE
Field Survey
Develop 2 Design Alternatives
Conceptual Design and Cost Estimates of 2
Alternatives
Prepare Joint Permit Application
Conservation District Hearings
Site Visit with Agency Representatives
Meet with City to Select Preferred Alternative
DESIGN PHASE
Identify project scope with City, based on
preferred alternative
Develop design drawings and technical
specifications
Submit Design Package to City and Agencies
Incorporate Comments and Develop Final Design
Package
. Note: Tasks with no hours included in "Bank Stabilization Portion"
OUTFALL DITCH PORTION
TOTAL
HOURS
STAFF
PROJ MGR. ENGR.
2.MAN
SURVEY
CREW
PRINTER
DRAFT TECH. CLERICAL
o
12
4
8
30
o
o
o
14
6
16
8
6
8
8
4
4
80
8
32
8
8
4
32
4
o
.'
SUBTOTAL OF STAFFHOURS REQUIRED 384 84 164 12 104 24 0
HOURLY LABOR COST $91.00 $44_00 $83_00 $3900 $30.00 $42.00
TOTAL COST OF LABOR $20.632_00 $7.644_00 $7.21600 $996_00 $4.05600 $720_00 $0_00
NUMBER UNIT
DIRECT EXPENSE DESCRIPTION UNITS UNITS COST TOTAL COST ASSUMPTIONS
Subsistence Per Diem days 2 $65 00 $130_00
Automobile Transportation
Mileage miles 1800 $0,325 $585.00
Time hours $400 $000
OH10r Travel each 0 $000 $000
Subcontractor Services: Wetland Specialist Is 1 $2.00000 $2.000,00
Photos rolls 2 $5,00 $10,00
General Printing sheets 500 $0,10 $50,00
Plan Printing sheets 20 $0_60 $12_00
ComputerfT elephone/F ax hours 384 $2_00 $768_00
Postage/Freight each 3 $10_00 $30 _DO
Miscellaneous Is $10_00 $10,00
TOTAL DIRECT EXPENSES $3.595_00
DIRECT
LABOR/ LABOR EXPENSE COST
TABLE/DESCRIPTION EXPENSE FACTOR FACTOR CEILING
Direct Labor $20,632_00 0_00% $20.632_00
Direct Expenses $3.595,00 $3,595 DO
SUBTOTAL DESIGN COST $24.227_00
FIXED FEE @15% OF LABOR $3,094_80
TOTAL TASK COST PLUS FIXED FEE $27,321.80
Exhibit 0 Engineering Fee Estimate
City of Bozeman WWTP Modifications
Amendment No.2
Bidding or Negotiating Phase
STAFFHOUR ESTIMATE (Revised 6-15-01)
BANK STABILIZATION AND OUTFALL DITCH
TASK
TOTAL
HOURS
2
8
2
8
10
12
2
6
6
2
8
6
STAFF SURVEY
PROJ. MGR. ENGR. CREW DRAFT TECH. CLERICAL PRINTER
2
8
2
2 4 2
2 8
4 8
2
2 4
2 2
2
2 2 4
2 2 2
Project Administration
Printing Documents
Advertisrnent for Bids
Distribution & Plantlolders List
Interpretations and Addenda
Pre-Bid Conference
Bid Opening
Bid Evaluation and Award Recommendation
Prepare Agreement and Bond Forms
Review Forms and Insurance with City
Prepare Contract Documents
Construction Documents
SUBTOTAL OF STAFFHOURS REQUIRED
HOURLY LABOR COST
TOTAL COST OF LABOR
72
$4,008.00
20 32
$91.00 $44.00
$1,820.00 $1,408.00
o
$8300
$0.00
o
$3900
$0.00
5
$3000
$150.00
15
$4200
$63000
.
NUMBER UNIT
DIRECT EXPENSE DESCRIPTION UNITS UNITS COST TOTAL COST ASSUMPTIONS
Subsistence Per Diem days 0.5 $65.00 $32.50
Automobile Transportation $000
Mileage miles 600 $0.325 $195.00
Time hours $4.00 $0.00
Other Travel each 0 $0.00 $000
Subcontractor Services: Wetland Specialist Is 0 $2.000.00 $0.00
Photos each 0 $5.00 $000
General Printing sheets 1000 $0.10 $100.00
Plan Printing sheets 50 $060 $30.00
COmplJterfT elephone!F ax hours 72 $2.00 $14400
Postage/F reight each 3 $10.00 $30.00
Miscellaneous Is $50.00 $50.00
TOTAL DIRECT EXPENSES $581 .50
DIRECT
LABOR! LABOR EXPENSE COST
TABLE/DESCRIPTION EXPENSE FACTOR FACTOR CEILING
Direct Labor $4,008.00 0.00% $4,008.00
Direct Expenses $58150 $581.50
SUBTOTAL DESIGN COST $4,589.50
FIXED FEE @15% OF LABOR $601.20
TOTAL TASK COST PLUS FIXED FEE $5,190.70
.'
Exhibit D Engineering Fee Estimate
City of Bozeman WWTP Modifications
Amendment No,2
Construction Phase
STAFFHOUR ESTIMATE (Revised 6-15-01)
II
II
TASK
PROJECT MANAGEMENT
Meetings wi City and Contractor
Project Administration
CONSTRUCTION ADMINISTRATION
Preconstruction Conference
Shop Drawing Reviews
Payment Estimates
General Correspondence
Interpretations and Change Orders
Site Visits
Substantial Completion Inspection
Final Completion Inspection
Punch List and Report to City
Eleven Month Inspection and Report
RESIDENT PROJECT REPRESENTATIVE
Assumes 1 month construction time with RPR at
site for 3/89 time over period
TOTAL
HOURS
BANK STABILIZATION AND OUTFALL DITCH
<'-IVlAN
SURVEY
CREW
STAFF
PROJ, MGR. ENGR.
24
16
12
12
8
16
24
16
8
12
8
4
60
8
8
16
8
Kt:::'IUt:I~1
PROJECT
REP
CLERICAL
60
PRtNTER
8
SUBTOTAL OF STAFFHOURS REQUIRED
HOURLY LABOR COST
TOTAL COST OF LABOR
$14,440.00
208
4
4
8
8
8
8
8
8
8
8
8
4
8
8
8
4
52 100
$10500 $5100
$5,460,00 $5,100,00
o
$95 00
$000
60
$60 00
$3,60000
8
$35.00
$280.00
o
$48,00
$0,00
NUMBER UNIT
DIRECT EXPENSE DESCRIPTION UNITS UNITS COST TOTAL COST ASSUMPTIONS
Subsistence Per Diem days 2 $65 00 $130.00
Automobile Transportation $000
Mileage miles 1600 $0325 $52000
Time hours $4,00 $000
Other Travel each 0 $0.00 $0.00
Subcontractor Services' Wetland Specialist Is 0 $2,000,00 $0,00
Photos each 15 $5.00 $7500
General Printing sheets 500 $0,10 $5000
Plan Printing sheets 50 $0.60 $30,00
ComputeriT elephone/Fax hours 148 $2.00 $296,00
Postage/Freight each 10 $10.00 $100,00
Miscellaneous Is $50.00 $50 00
TOTAL DIRECT EXPENSES $1,251.00
DIRECT
LABOR! LABOR EXPENSE COST
TABLE/DESCRIPTION EXPENSE FACTOR FACTOR CEILING
Direct Labor $14,440,00 0.00% $14,440,00
Direct Expenses $1.25100 $1,251.00
TOTAL ESTIMATED CONSTRUCTION COST $15,691.00
I ( t
, .. i
AMENDMENT NO.3
TO THE PROFESSIONAL SERVICES AGREEMENT DATED JANUARY 2, 2001
BETWEEN THE CITY OF BOZEMAN, MONTANA
AND
MORRISON-MAIERLE, INC.
MMI. No. 417.032.02
THIS AGREEMENT made as of the 7th day of Jul y , 2003,
between THE CITY OF BOZEMAN, a Municipal Corporation, P.O. Box 1230, Bozeman,
Montana, 59771-1230 (OWNER) and Morrison-Maierle, Inc., P.O. Box 1113, Bozeman,
Montana, 59771-1113 (ENGINEER) shall become a supplement to and part of the
PROFESSIONAL SERVICES AGREEMENT BETWEEN OWNER AND ENGINEER
(AGREEMENT) dated January 2,2001.
WHEREAS the parties previously entered into the AGREEMENT dated January 2, 2001, for
professional engineering services to allow the Owner to make certain modifications to its
Wastewater Treatment Plant; and
WHEREAS, the AGREEMENT was previously modified on May 21,2001, by Amendment
No.1, and on July 17,2001, by Amendment No.2; and
WHEREAS, the difficulty and complexity of constructing said modifications has required
greater than anticipated efforts by ENGINEER; and
WHEREAS, the parties desire to continue with the subject construction phase services to the
completion of the construction projects; and
WHEREAS, the parties desire to amend provisions of the AGREEMENT to increase the
maximum allowable amount of payment to Engineer for constmction phase services and expenses.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, the parties agree as follows:
ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE
Section 6.2.1 of the AGREEMENT is amended, as follows:
"6.2.1 The OWNER shall pay for Constmction Phase and Project Documentation/Testing
Services an amount not to exceed $222,550.00 except as provided under 6.2.1.2 and 6.2.4."
1 of 2
..
.
ARTICLE 7 - MEANING OF TERMS
Section 7.3 of the AGREEMENT is amended, as follows:
"7.3 ... For the purposes of this Agreement the principals and employees of the
ENGINEER maximum billable Direct Labor Costs are:
Principals $ 41.00 Ihour
Project Manager $ 41.00 /hour
Senior Engineer $ 31.00 Ihour
Staff Engineer $ 27.50 Ihour
Senior Technicians $ 23.50 Ihour
CADD Drafter $ 15.00 /hour
Technicians $ 20.00 /hour
Construction Inspector $ 25.50 Ihour
Two Person Survey Crew $ 35.00 /hour
Clerical $ 12.00 /hour"
Except as specifically amended herein, the original AGREEMENT shall remain in full force
and effect and the parties shall be bound by all terms and conditions therein.
In witness whereof, the Parties hereto do make and execute this Agreement.
D'f:
j- \-
(City Manager)
CITY OF BOZEMAN, MONTANA
DATE:
July 7, 2003
DATE:---.J '-> f\,JL. ", '1 DO':>
ATTEST:
BY:~ ol' ~
(Clerk of Commission)
H:\0417\032.02\Docs\Profcssional Serv Agreecment\PSA Amendment #3,doc
2 of 2
Engineering Fee Estimate
Exhibit D - Amendment #3
STAFF HOUR ESTIMATE. 4.5 Construction Services
June 2003 to Completion
6117103
TOTAL SENIOR SUPVISING SENIOR DESIGN CADD
TASK HOURS PRINCIPAL II ENGINEER II ENGINEER I ENGINEER r ENGINEER II TECH II SECRETARY II
Task 1-Project Management 30
Coordination with City 1 Contractor 28 16 12
Project Administration 2 2
Task 2-Constructlon Administration 114
Shop drawing reviews 6 2 4
Pay estimates 16 8 8
Genemlcorrespondence 10 4 4 2
Claims review { negotiation 56 40 16
Substantial and Final completion inspections 17 4 8 4
Eleven month inspection and report 9 8
Task 3-Resldent Project Representative 168
On-site inspection 168 160 8
Task 4-proJect Documentation 138
Project Record Drawings 120 4 24 4 88
Project Notebook to City 18 2 8 8
SUBTOTAL OF STAFF HOURS REQUIRED 450 10 276 44 8 8 96 8
HOURLY LABOR COST $41.00 $25.50 $30.67 $17.33 $27.33 $11.67 $11.67
LABOR COST BY POSITION $410 $7,038 $1,349 $139 $219 $1,120 $93
TOTAL COST OF LABOR: $10,368
NUMBER UNIT TOTAL
DIRECT EXPENSE DESCRIPTION UNITS UNITS COST COST ASSUMPTIONS
Automobile Transportation miles 480 $0.62 $297.60 daily round trip + one round trip lor Helena
Geneml Printing sheets 40 $0.10 $4.00
Plan Printing sheets $0.60
Technology and Communications hou rs 450 $3.00 $1,350.00
PostagelFreight each $10.00
TOTAL DIRECT EXPENSES $1,651.60
LABOR!
DIRECT EXPENSES TOTAL
DESCRIPTION LABOR EXPENSES FACTORS COST
Direct Labor $10,368 2.61 $27,060
Direct Expenses $1,652 1.00 $1,652
TOTAL
overrun through May 2003: $ 18,892
overrun through May 2003, wlo profit:
Total Projected Overrun:
Existing ceiling amount:
New ceiling amount:
$28,712
$16.436
$45,148
$177.402
$222,550
t .
. \" .
AMENDMENT NO.4
TO THE PROFESSIONAL SERVICES AGREEMENT DATED JANUARY 2,2001
BETWEEN THE CITY OF BOZEMAN, MONTANA
AND
MORRISON-MAIERLE, INC.
MMl. No. 417.032.02
THIS AGREEMENT made as of the 19th day of Jul v , 2004,
between THE CITY OF BOZEMAN, a Municipal Corporation, P.O. Box 1230, Bozeman,
Montana, 59771-1230 (OWNER) and Morrison-Maierle, Inc., P.O. Box 1113, Bozeman,
Montana, 59771-1113 (ENGINEER) shall become a supplement to and part of the
PROFESSIONAL SERVICES AGREEMENT BETWEEN OWNER AND ENGINEER
(AGREEMENT) dated January 2, 2001.
WHEREAS the parties previously entered into the AGREEMENT dated January 2,2001, for
professional engineering services to allow the Owner to make certain modifications to its
Wastewatef Treatment Plant; and
WHEREAS, the AGREEMENT was previously modified on May 21,2001, by Amendment
No. l, and on July 17, 2001, by Amendment No.2, and on July 7, 2003 by Amendment No.3; and
WHEREAS, the difficulty and complexity of constmcting said modifications required greater
than anticipated efforts by ENGINEER; and
WHEREAS, the parties continued with the subject construction phase services to the
completion of the constmction projects; and
WHEREAS, the parties desire to amend provisions of the AGREEMENT to increase the
maximum allowable amount of payment to Engineer for construction phase services and expenses.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, the parties agree as follows:
ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE
Section 6.2.1 of the AGREEMENT is amended, as follows:
"6.2.1 The OWNER shall pay for Construction Phase and Project Documentation/Testing
Services an amount not to exceed $247,560.00 except as provided under 6.2.1.2 and 6.2.4."
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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.
BY:
Its:
MORRISON-MAIERLE, INC.
B~ -/L Y-
(VIce-PresIdent)
DATE:
July 19, 2004
DATE: 11 .J,,~ b],OO-/
ATTEST:
D
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