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HomeMy WebLinkAbout95- Thomas, Dean & Hoskins Professional Services Agreement is willing and qualified to services for this project PROFESSIONAL SERVICES AGREEMENT THIS IS AN AGREEMENT made as of May 15 1995, between THE CITY OF BOZEMAN, a Municipal corporation, Bozeman, Montana, 59771-0640 (OWNER) and Thomas, Dean & Hoskins, Inc., 111 North Tracy, Bozeman, Montana, 59715 (ENGINEER). Whereas the accomplishment of the work and services described in this Agreement is essential to the OWNER'S public works improvement program. Whereas Bozeman provide project. Whereas the ENGINEER represents that it perform the professional engineering described in this Agreement. the OWNER intends to monitor sewer flows in the South Avenue sanitary sewer main and has selected the ENGINEER to necessary and professional engineering services for the Therefore, in consideration of the foregoing recitals and the mutual covenants and conditions contained herein, the parties agree as follows: ARTICLE 1 ENGINEERING SERVICES 1.1. The detai led description of the specific project components is described in the letter proposed from the ENGINEER to the OWNER, dated April 24, 1995, which refers to the OWNER'S letter, dated April 14, 1995. 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 appl ies as hereinafter provided. These services wi II 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 OWNER all data, reports, plans, specifications, and recommendations as designated herein. 2.3. The ENGINEER shall ascertain such information as may have a bearing on the work from local units of government, publ ie, 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 James Cummings. 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 David Crawford. The OWNER may name a Task Director who would be the liaison between the ENGINEER and the OWNER during the design segment of the Project." 2 2.7. The ENGINEER shall submit an estimated progress schedule at the beginning of the work, and monthly progress reports thereafter until the project is completed. ARTICLE 3 - OWNER'S RESPONSIBILITIES 3.1 The O~NER shall name a Task Director who shall be the liaison between the ENGINEER and the O~NER during DESIGN segment of the Project. The Task Director designated shall be John Pavsek. 3.2 The O~NER shall have the right of review and examination of the ENGINEER'S work at all times. 3.3 The O~NER shall make available all records (as-built drawings, construction records, etc.) indicating the existing configuration of the city utilities. 3.4 The O~NER will be responsible for Advertising Bid Openings. 3.5 The O~NER 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 described in section 1.1 of this agreement. ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE 6.1 LUMP SUM PAYMENT FOR DESIGN SERVICES AND EXPENSES OF ENGINEER 6.1.1 Lump Sum Payment. The O~NER shall for design phase services performed as Basic Engineering Services under sections 4.1 through 4.4 of this agreement pay a lump sum in the amount of $1.300.00 for such services. 6.1.2 General. Engineer shall submit monthly statements for services rendered. The statements shall be based upon Engineer's estimate of the proportion of the total services actually completed at the time of bi II ing, subject to any limitations on Payments based on completion of tasks or specific retainage requirements pursuant to the payment provisions of the Agreement. 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. ARTICLE 8 - 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 lump sum provided in 6.1.1. Final payment shall be made only after acceptance of the project by the O~NER. If O~NER disputes the amount of the billing, O~NER will notify the ENGINEER in writing within ten (10) calendar days of the receipt of bill of the dispute. 8.2 PAYMENT UNDER TERMINATION. In the event of termination by the O~NER 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 O~NER during any phase of the Basic Services, ENGINEER also will be reimbursed for the charges of pre. approved independent professional associates and consultants employed by ENGINEER to render Basic Services, and paid for services rendered during that phase on the basis of the payment provisions of the Agreement. In the event of any such termination, ENGINEER will be paid for unpaid pre-approved Additional Services and unpaid Reimbursable Expenses which are authorized under this agreement. 3 ARTICLE 9 - GENERAL CONSIDERATIONS 9.1 TERMINATION OF AGREEMENT 9.1.1 The sole right is hereby reserved to the OWNER to terminate this Engineering Agreement for any and all causes or for it's convenience at any time upon fifteen (15) days written notice to the ENGINEER. 9.1.2 If termination for default is effected by the OWNER, an equitable adjustment in the price provided for in this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the ENGINEER at the time of termination may be adjusted to cover any additional costs to the OWNER because of the ENGINEER's default. If termination for convenience is effected by the OWNER, the equitable adjustment shall include a reasonable profit, as determined by owner, for services or other work performed. The equi table adjustment for any termi nat i on sha II provi de for payment to the ENGI NEER for servi ces rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the ENGINEER relating to cornnitments 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 avai lable 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 of the ENGINEER'S data, recommendations, plans, specifications, analysis and other related documents prepared by the ENGINEER prior to said termination shall be delivered to and become the property of the OWNER. 9.1.5 Upon termination, the OWNER may take over the work and may award another party an Agreement to complete the work under this Agreement. 9.1.6 OWNER'S right to terminate is in addition to any other remedies OWNER may have under the law. 9.2 INSPECTION AND AUDIT All books, papers, records, payrolls, vouchers and invoices relating to costs and 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 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. Type of Coverage Limits 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 O~NER'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 servi ces. The O~NER I S ri ghts herei n are in addi t i on to any other remedies the O~NER may have under the law. 9.7 lEGAL RELATIONS The ENGINEER shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done. The ENGINEER agrees to indemnify, hold harmless and defend the O~NER and its officers, agents and employees against any and all actions, suits, claims, demands, costs, judgements, expenses (including a reasonable attorney's fee), and liability of any character whatsoever brought or asserted for any injury, death, or damage received or sustained by any person, persons, property, business or any other entity, arising out of or resul t i ng from, or in connect i on with the performance of the work herei n spec i f i ed. The ENGI NEER is not required to defend the O~NER from assertions that the O~NER was negligent, or indemnify the O~NER from liability based solely on O~NER's negligence. The indemnity required here shall not be limited by reason of the specification of any particular insurance coverage in this Agreement. The ENGINEER is and shall perform this agreement as an independent contractor, and as such, is responsible to the O~NER only as to the results to be obtained in the work herein specified, and to the extent that the work shall be done in accordance with the terms, plans and specifications. The ENGINEER shall have and maintain complete control over all of its employees, subcontractors, agents and operations, being responsible for any required payroll deductions and providing required benefits, such as, but not limited to, worker's compensation with statutory limits, and unemployment insurance. 9.8 INSURANCE The ENGINEER shall secure and furnish to the O~NER certificate of insurance, therein, naming the O~NER as an additional insured, to include thirty (30) days notice of cancellation or non. renewal. ~ithout limiting any of ENGINEER's obligations hereunder, ENGINEER shall secure and maintain, until the work is completed and accepted by the O~NER, insurance coverage naming the O~NER as additional insured with minimum insurance coverage as follows: Employers' liability: $ 100,000 per accident General liability: Bodily Iniury & Property Damage Single and combined $ 1,000,000 per accident Automobile: Bodily Iniury covering all automobiles, trucks, tractors, trailers, or other automotive equip- ment whether owned or rented by Engineer or owned by employees of Engineer. $ 500,000 each person $1.000.000 each occurrence Property Damage covering all automobiles, trucks, tractors, trailers or other automotive equipment whether owned or rented by Engineer or owned by employees of Engineer $ 500.000 each occurrence OR 4 5 Bodily Injury & Property Dama~e Single and combined $ 500.000 each occurrence Professional Errors & Omission: $ 1.000.000 per claim and aggregate each occurrence 9.9 ENDORSEMENT The ENGINEER shall place his endorsement on all drawings and other data furnished by him. 9.10 OWNERSHIP Of DOCUMENTS All schedules, data, exhibits, recolTlTlendations, design reports, plans, specifications, and other related documents prepared or obtained under the terms of the Contract are deemed to be the property of the OWNER and shall be delivered to the OWNER. 9.11 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 pertalnlng 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 prOV1Sl0ns 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. CITY()P B.OZEMAN:5.50NT.'NA, fl BYi- -Jct,\~. (~ ~k ;{ (city Manager) DATE: May 15, 1995 BY: , In witness Whereof, the Parties hereto do make and execute this Agreement. DATE: ::~G?d-: .J ~ (Clerk of Commission) BY: 6 THE CITY OF BOZEMAN 35 NO. BOZEMAN AVE. P.O. BOX 640 BOZEMAN,MONTANA 59771~640 CARNEGIE BUILDING BUILDING INSPECTION PHONEfTDD (4oa) 582-2375 ENGINEERING DEPARTMENT PHONEfTDD (406) 582.2380 April 14, 1995 Mr. Dave Crawford, P.E. Thomas Dean & Hoskins, Inc. 111 N. Tracy Ave. Bozeman, MT 59715 Re: Request for Proposal Sewer Flow/Infiltration Monitoring Dear Dave: We herewith request that you provide us with a letter proposal to perform flow and infiltration testing of the 6-inch South Bozeman Ave. sewer line. I've attached a copy of our sewer atlas showing the location of the subject sewer. This request to perform a flow study has been directed from the City Commission in response to local citizens requests. I've attached for your reference a Memorandum from Dave Skelton to the Planning Board which addresses this issue. Our goal is to determine the amount of groundwater infiltrating is flowing into the subject pipeline as well as measure the total peak hour flow. The analysis should be performed in the most expedient manner possible, i.e., conducted within a 3-5 day period. please provide me with a brief proposal letter outlining in detail your suggested methodology, your availability to perform the work and a lump sum fee. Your services should include provisions for safety measures to access manholes and to provide traffic control. Once the field work is completed, you would provide us with a letter summary of your findings and conclusions. It is important that we receive your proposal by May 24, 1995. Note that we have asked one other local engineering firm besides yourself to provide a proposal. Selection will be based on your approach to the proj ect and to some degree, the proposed fee amount. / /' If you have any questions, please feel free to call me. .\ .." sln~e.~.~lY,.. /) 1./ /// r<2.j'{r .. /< /l:Lu-tLe--!-:" ... {/' ..' f.-~' John P. Pavsek, P.E. Project Engineer cc: Phillip J. Forbes, DPS Craig Brawner, City Engineer ERF HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK o THOMAS, DEAN & HOSKINS INC. ENGINEERING CONSULTANTS 111 North Tracy Avenue' Bozeman, Montana 0)8/15 . (406) 586-02/1 April 24, 1995 RE: Sewer Monitoring Flow/Infiltration City of Bozeman P. o. Box 640 Bozeman, MT 59715 ATTENTION: John pavsek, P.E. In response to your April 14, 1995 letter of request for proposal, we have prepared the following information for your review. We understand that you wish to perform a flow and infiltration test of the 6" sanitary in South Bozeman Avenue between East Olive and East story streets. It is your desire to monitor the peak flow and the low flow, which would be an indication of groundwater infiltration. The following program will result in a report identifying the groundwater infiltration and peak flow in this sewer line. We have constructed V-notched weir boxes for the purpose of measuring sanitary sewer flows. These boxes utilize a sharp edged, V-notched weirs mounted in rectangular boxes that act as stilling basins behind the weirs. The apparatus also includes a measuring device that monitors the elevation of the water surface in the stilling basin, continuously. The resulting chart from this data gathering indicates the fluctuation in sanitary sewer flow throughout a continuous 24 hour period. Each day or two we gather the flow recording chart and install a new one for the next period. Several days worth of data can be gathered on one chart, but we feel it is important to check the meter reqularly to insure continuous accur,:lcy. The weir box is calibrated initially by measuring the flow leaving the weir box using a known volume, such as a 5 gallon bucket, measured in a discreet period of time. The V-notched weir is elevated above the flow line of the sewer, which allows for this type of calibration. We propose installing this weir box in the manhole at the intersection of East Koch Street and South Bozeman Avenue, or at East curtiss Street and South Bozeman Avenue. We have visually inspected the manholes along this reach of sanitary sewer and believe that the South Koch manhole will provide the best access and best results. We also propose monitoring the flows for a five day period including the weekend. A Thursday through Monday measuring period would seem appropriate. OFFICES IN GREAT FALLS, BOZEMAN, KALlSPELL AND SPOKANE T7\lA.S'. D.E.A,N & ~OSKIN . (;' ""16! . I "../ I ~v{~l ~/ . Cfawf~:ll" P. "E. " INC. \ ! I / .. . Based on our recent groundwater monitoring in the south area of Bozeman and our current construction activity at the Cottonwoods project, the groundwater is the highest during late April and early May. Therefore, we suggest immediate installation of the flow moni toring device. Because we constructed these weir boxes in house, no outside rental fee or coordination would be required. We have used these flow monitoring devices for several waste water facility plans and studies. They have proven extremely accurate and have been accepted by the Montana Department of Health and Environmental Sciences in our facility plan reviews. other flow meters are available, but would require rental and additional coordination. This would result in higher costs to the City and potential delays to the project. Some of the more accurate devices available on the market do not exist in 6" size. We feel we have the best device for the intended purpose outlined in this project. We should also mention that we own all the safety equipment, such as air blowers, harnesses, tripods, and air quality detection devices, and all the traffic control devices necessary for us to install, monitor, and remove the flow monitoring device. In summary, based on our field reconnaissance of this sanitary sewer line, we recommend installation of Thomas, Dean & Hoskins, Inc. 's weir box apparatus immediately, and,monitoring for a 5 day period at the intersection of East Koch Street and South Bozeman Avenue. Our lump sum fee to provide this service and the summary report of our findings and conclusions would be $1,200. We could begin work within one week of receiving authorization. If this proposal is acceptable, please sign one copy of the attached agreement form and return it to us. The other copy is for your files. Thank you for the opportunity to provide this information. Sincerely, DJC:rms Enclosure