HomeMy WebLinkAbout00- Neil Consultants, Inc. Professional Services Agreement
PROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made as oftVlllY '3 I 2 (J()t) , between THE CITY OF
BOZEMAN, a Municipal Corporation, (Bozeman, ---M;;~tana, .59715 (OWNER) and
Neil Consultants, l!!.f of 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 Develop a Biosolids Marketing Program 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 projcct described in this Agreement.
Theref()l"e, 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,_ Bio.S9H(,ls_l\1~rketin~
W o!.~.~C~)P~ and EXHJBrr H J~!!!imate of Costs to Provide Biosolids Marketing Assistance, are
hereby incorporated in and made part of this Agreement.
ARTICLE 1 - ENGINEERING SERVICES
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1.1. Thc dctailed description of the spccific project components is described as follows:
The projec;(will consist ofdcvcloping.and impJementing a markcting plan for the City ofl3ozeman with the~pecific
objective of incrcasing the an_,ount ofavailablc agricultural land r2.r.t1~e ben~tlcial reuse ofbiosolids. The plan will
includc thc colle.(;tionlllld disscmination of i'!!:ormation to local landowners/farmcrs and the generalpubE~
conveninK a public mccting..to discu~s issues and conductinK..-,!_~eries oLillc\ix.Ldllll15ite visits to promotc thc
pro gran!.,
1.2. The spccific scope of serviccs under this contract are set forth in this agreement and the attached EXHIR IT A.
ARTICLE 2 - ENGINEER'S RESPONSIBILITIES
2.1. I':NGINEER shall pcrform fbr OWNER professional cngincering services in all phases of the Project to which this
^greement applies as hereinafter providcd. These services will include, but not be limited to, serving as OWNER's
professional engineering represcntative for the Project, providing profcssional engineering consultation and advice
and furnishing customary civil and structural cnginccring services incidental thercto.
2.2. The ENGINEER shall furnish all labor, materials, equipment, supplies, and incidentals necessary to conduct and
complcte the ENGINEER'S portions ofthe Project and to preparc and dcliver to the OWNER all data, reports, plans,
spccifications, 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 ofthcse contacts and thc results thereof".
2.4. The ENGINEER'S work shall be in accordance with the standards of sound engineering practiccs.
2.5. The ENGINEER shall name a Principal-In-Charge for the duration ofthe project. The Principal-In-Charge shall be
Jake Neil, P.E.~. NCI
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 Pa~1l W. Montgon~eryj~'
2.7. The ENGINEER shall submit an estimated progress schedule at the beginning of the work, and monthly progress
reports therealler until the project is completed. The estimated schedule is included in Exhibit 8.
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 ofthe Project. The Task Director designated shall be James R. Nickelson, P.E:_,_.
3_2 The OWNER shall have the right of review and examination of the ENGINEER'S work at all times.
3.3 The OWNER shall make available all records (as-built drawings, construction records, etc.) indicating the existing
configuration ofthc city utilities.
3.4 The OWNER shall provide the following information, arrangements and services as needed:
List oflandowners currently or recently accepting biosolids
Aerial photograph showing the primary geographic area for the Marketing Plan
Ilistoric biosolids volumetric, chemical and bacteriological data
Venue and arrangements for conducting a public meeting
Distribution of newsletter prepared by NCI
Assistance on setting criteria for prioritized site visits
ARTICLE 4 - BASIC ENGINEKRING SERVICES
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The ENO-INEER shall render professional Engineering Services as follows:
4.1 ;\ Iter 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 requirernents of governmental authorities havingjurisdiction to review the Project and
participate in consultations with such authorities.
4.1.7. Prepare a Report containing a summary of the Marketing Plan, the materials and information developed
thereunder and feedback from the public meeting and site visits. Figures, exhibits and/or schematic layouts to
indicate clearly the goals, objectives and preliminary results of the Marketing Plan will be included.
4.1.8. Furnish rour (4) _ copies ofthe Study and Report documents and review them in person with OWNER.
The Summary Report wi II be completed and submitted within 150 c~lendar days following written authorization
ti'om OWNER to ENGINEER to proceed with that phase of services.
ARTICLE 5 - ADDITIONAL SERVICES
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5.1. If OWNER wishes ENGINEER to perform any of the following Additional Services, OWNER shall so instruct
ENGINEER in writing, and ENGINEER shall perform or obtain from others such services and will be paid therefor
as provided in the Agreement:
5.1.1. Provide assistance to the City in continuation and refinement of the Biosolids Marketing Plan.
5.1.2. ^ssistanee in preparing a Video-tape production ofthe l3iosolids Program in Bozeman.
5.1.3. Preparation of a hrochure on the Biosolids Program in Bozeman.
5_1.4. Preparing a report which studies the cost-effectiveness ofland~applying biosolids at varying distances from
the Bozeman. Wastewater Treatment Plant.
5.1.5. Analyzing the cost-effectiveness of continued land application of liquid biosolids versus de-watered
biosolids as a hasis for future decision-making for the Biosolids Program.
5_1.6. Preparing applications to the Montana Department of Natural Resources Technical Assistance program or
the Renewable Resources program_
5.1.7. Providing other serviccs not otherwise provided for in the Agreement, including serviccs normally
furnished by the OWNER as elsewhere herein described.
5.1.8. Furnishing the services of independent professional associates or consultants for other than Basic Services.
ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE
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6.1 DIRECT LABOR COST r A YMENT FOR BASTC SERVICES AND EXPENSES OF t<:NGTNEER.
Basic Engineering Services under sections 4.1 shall be compensated in accordance with the following:
6_ I. I The OWNER shall pay for Basic Engineering Services an amount not to exceed $9,289 except as
provided under 6.1.1.2 thru 6.1.1.3.
6.1.1. I Costs S::ompensation. Compensation for these services shall be based on the ENGINEER's Direct
Labor Cost times a hlctor of 3..&. for services rendered which shall cover Direct Labor, Direet
Labor Overhead, (leneral & Administrative Overhead and Profit.
6.1. 1.2 Notification. At any time during the project that it becomes apparent that the Hasic Engineering
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 ofthe project work. EN(lINEER shall obtain written authorization from
OWNER, prior to any additional costs heing incurred under paragraph 6.1_1.3. Ifit is detemlined
that due to a change in project scope under paragraph 5.fl, the ENGINEER is entitled to
additional compensation, OWNER and EN(lINEER may negotiate terms as provided under
6.1.1.1. The amount and terms of any additional compensation under 6. I. I _1 or 6.1.1.3 shall he
negotiated and agreed in writing pursuant to 9. J 6.
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6.1.1.3 Costs Ex(;eedingEstirllated Compensation. Except as allowcd under 5.2.1, when the total cost of
the original scope ex(;eeds the negotiated compensation for these services, the OWNER shall pay
only for the dircct (;Osts incurred in excess ofthe estimated compensation. These costs consist of
an amount equal to thc ENGINEER'S Direct Labor Cost times a factor of 2_5 for servi(;es
rendcred which shall includc Direct Labor, the federally audited payroll Direct I ,abor Overhead,
and Gencral & ^dministrative Overhead costs, but shall not includc any allowance for profit.
6.1.2. Reilllbursable Expenses, as defined in section 7.4 of this Agreemcnt, for 13asic Services and Approvcd
Additional Services shall bc paid to the ENGINEER by the OWNER in the actual amount of the costs
incurred up to an amount not to exceed $720 Thc estimated reimbursable expenses arc identified in
Exhibit" B ".
6.1.3 The OWNER shall pay an amount for Additional Services rendered by the ENGINEER and approved in
writing by the OWNER on the basis of the ENGINEER'S Direct Labor Costs timcs a factor of 3.0_, or an
amount otherwisc negotiated at the timc su(;h services are requestcd and approved by the OWNER.
ARTICLE 7 - MEANING OF TERMS
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7.1 AGREEMENT
^s used herein the term "this Agreement" refers to the contents ofthis documcnt and its Exhibits attached hercto and
rcferred to as if they were part 0 f one and the same document.
7.2 CONSTRUCTION COSTS
Thc construction cost ofthe entire Project (herein referred to as "Construction Cost") mcans the total cost to OWNER
ofthose portions ofthe entire Projcct designed and specified by ENGINEER, but it will not include ENGINEER's
compensation and expcnses, the cost orland, rights-of-way, or compensation for or damages to, properties unless this
^greement so spe(;ifies, nor will it include OWNER's legal, accounting, insurance (;Ounsding or auditing services, or
interest and financing charges in(;urred in connection with the Project or thc (;Ost of other services to bc provided by
others to OWNER.
7.3 DIIlECT 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, enginccrs, arclliteds, surveyors, designers,
dral1ers, specification writers, estimators, other technical and business personnel; but docs not include indirect
payroll related (;Osts or fringe benefits. For the purposes of this Agreement the prin(;ipals and employees of the
r:NGlNEER maximum billable Direct Labor Costs are:
Principals $ Ihour
Project Manager $ 26.67 Ihour
Senior Engineer $ .... Ihour
Staff Engineer $ 23.33 .- Ihour
Senior Technicians $ 20.00 Ihour
eM)D Drafter $ 17.00 Ihour
Technicians $ Ihour
Constru(;tion Inspector $ Ihour
Two Person Survey Crew $ 40.00 .-- Ihour
Clerical $ 12_00 Ihour
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7.4 REIMBURSABLE EXPENSES
Heimbursable Expenses mean the actual cxpenses incurred by ENGINEER or ENGINEER's indcpendent
profcssional associates or consultants directly in connection with thc Project, such as expenses for: transportation and
subsistcnee incidental thereto; obtaining bids or proposals from Contractor(s); subsistence and transportation of
Hesident Project Representatives and their assistants; toll telephone calls and telegrams; reproduction of reports,
Drawings, Specifications, Ridding Documents and similar Project-related items; and if authorized in advance by
OWNER, ovcrtime work requiring higher than regular rates. In addition, when compensation for Basic Services is
on the basis of Direct Labor Costs method of payment, Reimbursable Expcnses 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 - PAYMENT PROVISIONS
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8.1 TIMES OF PAYMENTS. ENGINEER may submit monthly statements for Basic Services and approved
Additional Serviccs rendered and for Rcimbursable Expenses incurred; however, payments shall not exceed the
ceilings provided in 6.1. Final payment shall be made only after acceptance of the project by the OWNER. If
OWNER disputcs the amount ofthc billing, OWNER will notify the ENGINEER in writing within ten (10) calendar
days ofthe receipt of bill ofthc 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 scgments shall be accounted
and billed separately.
8.3 PA YMENT UNDER TERMINATION. In the event oftermination by the OWNER upon the completion of any
phase of the Basic Services, progress payments due ENGINEER for services rendcrcd through such phase shall
constitute total payment for such services. In the event of such termination by OWNER during any phase of the
Basic Services, ENGINEER also will be reimbursed tor the charges of pre-approved independent professional
associates and consultants employcd by ENGINEER to rendcr Basic Services, and paid tor serviccs rcndered during
that phasc on the basis of the p,Iyment provisions of the Agreement. In the event of any such termination,
ENGINEER will be paid for unpaid prc-approved Additional Services and unpaid Heimbursable Expenscs which are
authorizcd under this agreement.
ARTICLE 9 - GENERAL CONSI DERA TIONS
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9.1 TERMINATION OF AGREEMENT
9_1.1 The sole right is hcreby 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 Iftermination for detault is effected by the OWNER, an equitable adjustment in the price provided tor in
this Agreement shall be made, but (I) 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 ofthe ENGINEER's default. Iftermination
for convenience is effected by the OWNER, the equitable adjustment shall include a reasonable profit, as
determincd by owner, tor serviecs or other work performcd. The equitable adjustment for any tcrmination
shall provide for payment to the ENGINEER tor services rendered and expenses incurred prior to the
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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 ofa 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 evcnt this Contract is terminated prior to complction, the original copies oflhe 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 remcdies OWNER may have under the law.
9.2 INSPECTION AND AllDlT
^ll 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 offinal 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 [or the ENGINEER, any fee,
l:ommission, percentage, brokerage fee, gifts or any other considerations contingent upon or resulting from the award
or making ofthis 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 wnsideration or otherwise recover the full
amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
A II employees of the ENGINEER or other persons while engaged in the performance of work or services required by
the ENGINEER shall be considered employees ofthe ENGINEER only and not ofthe OWNER.
9.4 NONDTSCRIMINATlON
The ENGINEER will not discriminate on the basis of race, color, religion, creed, political ideas, scx, 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 ^ct of 1964; Section 140, Title 2, United States Code, and all regulations
promulgated thereunder.
9.5 SllBLETTING OR ASSIGNING OF WORK
The ENGINEER shall not sublct or assign any ofthe work covered herein without prior written approval of the
OWNER.
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9.6 ST ANDARD OF CARE
I~NGINEER warrants that it will provide its services in accordance with the standards of care, skill, knowledge, and
diligence normally exerciscd by a professional engineer in the performance of such engineering services. Ifany 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 ofthe initial nonperformance or the re-
performance of services. The OWNER's rights herein are in addition to any other remedies the OWNER may have
under the law.
9.7 LEGAL RELATIONS
The ENGINEER shall comply with all federal, State, and Local laws and ordinances applicable to the work to be
done.
The ENGINEER agrees to indcmnify, hold harmless and defend the OWNER and its officers, agents and employees
against any and all actions, suits, claims, demands, costs, judgements, expenses (including a reasonable attorney's
fee), and liability of any character whatsoever brought 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 resulting from, or in
connection with the performance of the work herein specified. The ENGINEER is not required to defend the
OWNER from assertions that the OWNER was negligent, or indemnify the OWNER from liability based solely on
OWNER's negligence. The indemnity required here shall not be limited by reason of the specification of any
particular insurance coverage in this Agreement.
The ENGINEER is and shall perform this agreement as an independcnt contractor, and as such, is responsible to the
OWNER only as to the results to be obtained in the work herein specified, and to the extent that the work shall be
done in accordance with the terms, plans and specifications. The ENGINEER shall have and maintain complete
control over all of its employees, subcontractors, agents and operations, being responsible for any required payroll
deductions and providing required benefits, such as, but not limited to, worker's compensation with statutory limits,
and unemployment insurance.
9.8 INSllRANCE
The ENG I N EER 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 thc OWNER as additional insured with
rninimum insurance coverage as follows:
Iype of Coverage Limits
Employers' Liabilit~ $ 100,000 per accident
General Liab!li~
_Bodily Injury_& _ Property
Dal11a~ Single and combined $ I ,000,000 per accident
^-lltoml!bi Ie:
Bodily InjllrY covering all $ 500,000 each person
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automobiles, trucks,
tractors, trailers, or $1 ,000,000 each occurrence
other automotive equip-
ment whether owned or
rented by Engineer or
owned by employees of
Engineer.
Property Damage 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 Inj'-!ry & Property .1]00,000 each occurrence
f),Ulla~ Single and combined
Professional Errors &9missio_I_!~ $ I ,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 reports, brochures, newsletters, exhibits, and other related documents prepared or obtained under the terms ofthe
Contract arc deemed to be the property of the OWNER and shall be delivered to the OWNER.
9.11 PUBLIC INFORMA nON
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, ofany article or material, and in the use of any method that may be developed as part ofthe 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 rcasonable 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.
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9.14 SIJCCESSORS 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 ofthis Contract or to give any notice required herein, then the prevailing Party orthe Party giving
notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counscl to
include City Attorney.
9.] 6 MOlliFICATIONS AND AMENDMENTS
That any amendment or modification ofthis 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.
A__\Boz Bio Alarket Plan Aw'eement. wpd
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In witness Whereof, the Parties hereto do lnake and execute this Agrcclnenl.
CITY OF BOZEMAN, MONTANA ENGINEER
",-W: - \...".~'* -...- - ._---~,-~ BY:
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(City Manager)
DAlE -\-~\ . t~,',' ( ,~~.) DATE: z- 10- ~
::(14:2 ~~
(Clerk of COllllllission)
APPROVED ;\S TO FORJ0
/---.J I J, ... /_, ((ll Cj
<
ny:
I" i ''-''.',
(City AltorneyV"
/
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EXHIBIT A
CITY OF BOZEMAN
BIOSOLlDS MARKETING PROJECT
WORKSCOPE
SERVICES PROVIDEDJ:J~Y_.NCI:
- Information search - marketing tools used by WEF, EPA, NWBMA.
NCI will contact various agencies and professional organizations to acquire
materials and discuss strategies.
- Kick-off meeting with City officials
Initial meeting with Bozeman staff to present findings and draft course of action.
Meeting could be by conference call or @ Bozeman.
Review list of available landowners - Work with City to formulate "target list"
Obtain aerial photograph, develop prioritized list of desirable parcels, prepare list of
landowners to target.
- Prepare informational newsletter for distribution to landowners
Using information obtained above, NCI will prepare a 2-page newsletter designed to
increase interest in beneficial biosolids reuse.
Workshop for landowners and general public
NCI will prepare and preside over a workshop/public meeting for landowners and
general public to disseminate information, answer questions and promote beneficial
biosolids reuse.
Site visits
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NCI will conduct up to 2 man-days of individual site visits to landowners of priority
sites for the purpose of disseminating information, answering questions and
promoting beneficial biosolids reuse.
Summary Report
NCI will prepare a summary technical memorandum that includes the information
search findings, minutes of the NCI/City meeting, landowner lists, map of potential
LA sites, workshop discussions and the results of all site visits.
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OWNER TO PROVIDE:
- List of landowners names who have previously accepted or are currently accepting
biosolids.
- Aerial photograph of area surrounding wastewater treatment facility - to be used in
prioritizing potential application sites.
OWNER will use existing aerial photographs to designate previous land application
sites and ownership information
- Historic biosolids volumetric data, chemical data and bacteriological data.
- Venue and arrangements for conducting Workshop
- Distribution of newsletter prepared by NCI
- Assistance on setting criteria for prioritizing potential sites
City involvement necessary in determining criteria for prioritizing specific parcels of
land to target for marketing
SCHEDULE OF IMPLEMENTATION:
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The following is the anticipated schedule to be observed by the ENGINEER and
OWNER in implementing the Services under this AGREEMENT:
Kick-Off Meeting with City Feb. 2000
Information Search Feb/Mar. 2000
Newsletter Apr. 2000
Public Meeting May. 2000
Site Visits May. 2000
Summary Report Jun. 2000
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