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HomeMy WebLinkAbout07- Lyman Creek Reservoir Professional Services Agreement, 2007 .. f MMJ 0417.055 LYMAN CREEK RESERVOIR IMPROVEMENTS PROJECT PROFESSIONAL SERVICES AGREEMENT THIS IS AN AGREEMENT made as of ~.e.c.~~ r~ , 2007, between THE CITY OF BOZEMAN, a Municipal Corporation, P.O. Box 1230, Bozeman, Montana, 59715 (OWNER) and Morrison-Maierle, Inc., P.O. Box 1113, Bozeman, Montana, 59718, (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 and surveying services for the project. Whereas the ENGINEER represents that it is willing and qualified to perfonn the professional engineering and surveying services for this project described in this Agreement. Therefore, in consideration of the foregoing recitals and the mutual covenants and conditions contained herein, the parties agree as follows: The conditions and provisions set forth in the attached EXHIBIT A - ENGINEER 'S STATUS DURING CONSTRUCTION, EXHIBIT B A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMIT A nONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE., EXHIBIT C - SCOPE OF SERVICES FOR LYMAN CREEK RESERVOIR IMPROVEMENTS PROJECT and EXHIBIT D - ENGINEERING FEE ESTIMATE are hereby incorporated in and made part of this Agreement. ARTICLE 1 -ENGINEERING SERVICES 1.1. The detailed description ofthe specific project components is described as follows: Perform pre-design level engineering services for various improvements at the Lyman Creek Water Supply Site and at the Sourdough Tank Site. 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. :-'~.~ \. f MMI0417.055 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, 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 John R. Schunke, P.E. 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 James R. Nickelson, P.E. The OWNER may name a Task Director who would be the liaison between the ENGINEER and the OWNER during the design segment of the Project. 2.7. The ENGINEER shall submit an estimated progress schedule at the beginning of the work, and monthly progress reports thereafter until the project is completed. ARTICLE 3 - OWNER'S RESPONSIBILITIES 3.1 The OWNER shall name a Task Director who shall be the liaison between the ENGINEER and the OWNER during DESIGN segment of the Project. The Task Director designated shall be Robert 1. Murray, Jr., P.E. 3.2 The OWNER shall have the right ofreview 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 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 analyses of OWNER's needs, planning surveys, site evaluations and comparative studies of prospective sites and solutions. 4.1 .5. Provide a general economic analysis of OWNER's requirements applicable to various alternatives. 2 ~ MMI0417.055 1.1.6 Assist iFl fermation of Speoial IFHl3rovemeDt Distriots (SID) by preparing district bOl:iFlElary descriptions and FFlafls, flreflaring a property e-Nner's and assessments rele lists inoll::lEling project assessment cests eased on the prelimiFlef)' project cost estimates, and flreviding techRieal infermatioR at SID public heariFlgs, if applicable. 4.1. 7. Prepare a Report containing schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate clearly the considerations involved (including applicable requirements of governmental authorities having jurisdiction as aforesaid) and the alternative solutions available to OWNER and setting forth ENGINEER's findings and recommendations. This Report will be accompanied by ENGINEER's opinion of probable costs for the Project, including the following which will be separately itemized: Construction Cost, allowance for engineering costs and contingencies, and (on the basis of information furnished by OWNER) allowances for such other items as charges of all other professionals and consultants, for the cost of land and rights-of-way, for compensation for or damages to properties, for interest and financing charges and for other services to be provided by others for Owner. The total of all such costs, allowance, etc. are hereinafter called "Total Project Costs". 4.1.8. Furnish....l- copies of the Study and Report documents and review them in person with OWNER. The Pre-design Investigation Phase will be completed and submitted within 150 authorization from OWNER to ENGINEER to proceed with that phase of services. calendar days following written 4.2 PRELIMINARY DESIGN PHASE - NOT PART OF INITIAL SCOPE OF SERVICE After acccptance of the pre-design rcport and receipt of written authorization to proceed with the Preliminary Design Phase, ENGINEER shall: 4.2.1 . In consultation with OWNER determine gcneral scope, extent and character of the ProJect. 4.2.2. ENGINEER shall then prepare a Preliminary Design Rcport, preliminary plans and specifications and a written description for the Project. 4.2.3. Preliminary Design Report: Spccific items to be addressed in thc design rcport will include, but not be limited to: 4.2.3.1. Summary of construction requirements with appropriate drawings for each task included in thc project. 4.2.3.2. Plans for providing water and sewer scrvices for affccted propertics during construction. 4.2.3.3. Summary geotechnical report for specific tasks, if needed. 4.2.3.4. Special design considerations for Project tasks with conditions not covered in standard construction methods or specifications. 4.2.3.5. A traffic control plan for each project task, if necessary. 4.2.4. Design and Construction Survev: The ENGINEER shall conduct a design ficld survey of the project areas, as necessary, for locating existing utilities (such as gas, power, telephone, TV cables, water and sewer lines, irrigation facilities, fences, and approach driveways), existing right-of-way and easemcnts, 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. 4.2.5. Permits and Rights-of-Way: The ENGINEER shall obtain approved permits, liccnses, and/or easement agrcements from private landowners and any other agencies or entities requiring similar approvals prior to bidding. Thcsc approvals will be coordinated with the OWNER and will be made on easement and permit 3 '...- " MMI0417.055 documents approved by the OWNER. Information and easement descriptions provided in the Basic Engineering Services will be based on data available from design surveys and courthouse records. 4.2.6. Geotechnical Explorations and Analysis: The ENGINEER shall conduct such geotechnical cxplorations and analysis as necessary for project design and bidding. A geotechnical rcport will be prepared with recommendations relating to conditions pertinent to the design and construction of the Projcct. Subsurface information will be obtained by reviewing any existing geotechnical data available and using additional backhoe test pits and soil borings as necessary. The ENGINEER shall furnish copies of a geotechnical report as requested to OWNER for use by OWNER and Contractors, and review the results of the report with Contractors in a prc-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. 4.2.7. Preliminary Plans and Spccifications. Prepare preliminary construction plans and specifications with information which addresses the special features of each project task. 4.2.8. Based on the information contained in the preliminary design documents, ENGINEER will submit a revised opinion of probable Total Project Costs to the OWNER. 4.2.9. ENGINEER shall prepare and furnish complete copies of preliminary bidding documents and design report as requested to OWNER and at the same time furnish copies as directed by OWNER to agencies and/or parties having regulatory responsibilities or direct financial participation in any part of the Project; provide any technical criteria, written descriptions and design data necessary for securing permits or approval from authorities having jurisdiction to review and approve the dcsign, 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 sitc review. All changes agreed to between ENGINEER and OWNER will be noted in a mcmorandum from the ENGINEER to the OWNER and incorporated into the final plans and specifications. The Preliminary Design Phase will be completed and submittcd within authorization from OWNER to ENGINEER to proceed with that phase of scrvices. calendar days following written 4.3 FINAL DESIGN PHASE - NOT PART OF INITIAL SCOPE OF SERVICES After written authorization to proceed with the Final Design Phase, ENGINEER shall: 4.3.1. On the basis of the accepted Preliminary Design documents and the rcvised opinion of probable Total Projcct Costs, prcpare 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 furnishcd 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 scopc, extent or charactcr 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 appropriatc) bid forms, 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 Bozcman Modifications to MPWSS adopted by the City of Bozeman. 4.3.4. Furnish OWNER six copies of the Contract Documents (including design drawings, specifications and contracts). Thc Final Phase will be complete and submitted within OWNER to ENGINEER to proceed with that phase of scrvices. calendar days following writtcn authorization from 4 -~~ ...- '; MM10417.055 4.4 BIDDING OR NEGOTIATING PHASE - NOT PART OF INITIAL SCOPE OF SERVICES After written authorization to proceed with the Bidding or Negotiating Phase, ENGINEER shall: 4.4.1. Assist OWNER in advertising for and obtaining bids or negotiating proposals for construction contract(s) and record prospective bidders to whom Bidding Documents have been issued, receive and process deposits for Bidding Documents and conduct pre-bid conferences. 4.4.2. Provide interpretation or clarification to prospective bidders regarding the Bidding Documents, and issue addenda as appropriate. 4.4.3. Consult with and advise OWNER as to the acceptability 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. 4.4.4. Consult with OWNER concerning and determine the acceptability of substitute materials and equipment proposed by Contractor(s) when substitution prior to the award of contracts is allowed by the Bidding Documents. 4.4.5. Attend the Bid opening, prepare bid tabulation, evaluate bids, assess bidders' responsiveness and responsibility and make award recommendation to OWNER. 4.4.6 Facilitate contract award, and the execution and distribution of the contract documents for construction, materials, equipment and services. Furnish Owner two original signature sets of executed contract documents (including design drawings, specifications and contracts). Furnish contractor with one set of original signature executed contract documents and up to three sets of construction documents. 4.5 CONSTRUCTION PHASE - NOT PART OF INITIAL SCOPE OF SERVICES The responsibilities ofthe ENGINEER during the Construction Phase are summarized as follows: 4.5.1. General 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 ofthis 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. Tn addition to the services provided under Article 10 (Exhibit A) the ENGINEER shall providc the following services during construction: 4.5.1.1 Schedule and conduct a pre-construction conference. 4.5.1.2 Provide personnel, equipment and supplies for construction layout and control, including establishment of line, grade, and blue top control staking. 4.5.1.3 Review Contractors' construction schedules and operations, and the Contractors' traffic control plans and its implementation prior to the start of construction. 4.5.1.4 Ascertain that the Contractor has secured required permits needed to accomplish his work. 4.5.].5 Prepare and provide weekly activity and progress reports to the City's Task Director. 4.5.1.6 ENGINEER shall provide OWNER copies of all correspondence between the ENGINEER and Contractor. 5 " MMJ 0417.055 4.5.1.7 Issue stop and resume work orders, in whole or in part, when work is not or cannot bc performed in accordance with the Contract Documents. 4.5.1.8 Review and approve, for conformance with the project technical specifications all shop drawings, and other Contractor submittals required by the Contract Documents. 4.5.1.9 During construction review Contractors' construction schedules and evaluate conformance and progress under the Contract time provisions. 4.5.1.10 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. 4.5.1.11 Inspect the project and when appropriate, and after conferring with OWNER, Issue a Certificate of Substantial Completion to the Contractor. 4.5.1.12 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 perfomling in accordance with the design concept. 4.5.1.13 Eleven months after project substantial completion schedule and conduct with the Owner a One Year Warranty Inspection of thc 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 Proiect 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 PRO.JEeT REPRESENTATIVE., attached to and madc 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. 4.5.3 Limitations 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 accordancc with the Contract Documents; however, nothing contained in this agreement shaH be construed to release ENGINEER from liability for failure to properly pcrform duties and responsibilities assumed by ENGINEER in the Contract Documents. 4.6. PROJECT DOCUMENTATION- NOT PART OF INITIAL SCOPE OF SERVICES ENGINEER shall furnish OWNER with (a) one mylar copy and two paper copies of the Project Record Drawings ("As- Builts"), (b) written monthly progress reports, and (c) a project notebook containing such correspondence and documentation as requested by OWNER. 4.7. CONSTRUCTION TESTING- NOT PART OF INITIAL SCOPE OF SERVICES 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 6 .~ MM10417_055 3) Aggregate gradations 4) Plant mix strength, flow and asphalt content ARTICLE 5 - ADDITIONAL SERVICES 5.1. If OWNER wishes ENGINEER to perform any of the following Additional Services, OWNER shall so instruct ENGINEER in writing, and ENGINEER shall perform or obtain from others such services and will be paid therefor as provided in 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 scopc, extent or charactcr of the Project or major changes in documentation previously accepted by OWNER where changes are due to causes beyond ENGINEER's control. 5.1A. 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 requircd 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 construction and without waiting for specific instructions from OWNER, and ENGINEER will be paid therefor as provided in this Agreement: 5.2.1. Services in connection with work directive changes and change orders to reflect the changes requested by OWNER if the resulting change in compensation for Basic Services is not 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 ContTactor; 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 increascs 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. 7 MMI0417.055 ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE 6.1 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER 6.] .] Payment. The OWNER shall for design phase services perfonned as Basic Engineering Services under section 4.1, with the exception of Task 6 which is included under section 6.3, pay a total sum in the amount of $106,854 for such services. 6.1.2 Payment Schedule. Total cumulative payments for the pre-design phase engineering services (sectIOn 4.1) shall not exceed the following ceilings: $ 106,854 (100 % of pre-design fee) until the pre-design report has been submitted to the OWNER. $ (50% of design fee) until the Preliminary Plans and Specifications have been submitted to the OWNER afld rcvie\v authorities. $ (901?4. of desigFI [5e) until the Finnl Plnns and Specifications have been submitted to the OWNER and review authorities. 6.1 .3 General. Engineer shall submit monthly statements for services rendered. The statements shall be based upon Engineer's estimate of the proportion of the total services actually completed at the time of billing, subject to any limitations on Payments based on completion of tasks or specific retain age requirements pursuant to the payment provisions of the Agreement. 6.1.4 Reimbursable Expenses. Only those expenses specifically identified for payment under section 6.2 of this Agreement are reimbursable. All other design related expenses are included in the Lump Sum Payment for the Basic services 14.2) and are not separately reImbursable. Additional Services specifically identified under the scope of design services for payment under 6.1 are not separately reimbursable. 6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER. Construction and project documentation services perfonned 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 Documentation Services an amount not to exceed $ 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 3.09 for services rendered which shall cover Direct Labor, Direct Labor Overhead, General & Administrativc Overhead and Profit, plus reimbursable expenses as provided in 6.2.2. 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 Agrecment 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. ff 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 compensatlOn 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 Compensation. Except as allowed under 5.2.1, when the total cost of the original scope Construction Phase and Project Documentation Services exceeds the negotiated compensation for these services, the OWNER shalt 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 2.6087 for services rendered which shall include Direct Labor, the federally 8 ~ MMI0417.055 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 $ which includes $ for consultants employed by the Engineer and $ for all other reimbursable expenses. The cstimated reimbursable expenses are identified in Exhibit ..~ .. 6.2.3. Failed Test Expenses. The ENGINEER shall maintain and provide to thc 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 rccommend an amount the OWNER deduct from the contractor(s) payments. 6.2.4 The OWNER shall pay an amount for Additional Services rendercd by the ENGINEER and approved in writing by the OWNER on the basis of the ENGINEER'S Direct Labor Costs times a factor of 3.09 , or an amount otherwise negotiated at the time such services are requested and approved by the OWNER. 6.3 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER. Pre-design phase services performed as Basic Engineering Services under section 4.1, Task 6, shall be compensated in accordance with the following: 6.3.1 The OWNER shall pay for Construction Phase and Project Documentation Services an amount not to exceed $ 12,641.00 except as provided under 6.2.1.2 and 6.2.4. 6.3.1.1 Costs Compensation. Compensation for these services shall be based on the ENGINEER's Direct Labor Cost times a factor of 3.09 for services rendered which shall cover Direct Labor, Direct Labor Overhead, General & Administrative Overhead and Profit, plus reimbursable expenses as provided in 6.2.2. 6.3.1.2 Notification. At any timc during the construction that it becomes apparent that the Construction Phase and Project Documentation Services rendcred 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. 6.3.1.3 Costs Exceeding Estimated Compensation. Except as allowed under 5.2.1, when the total cost of the original scope Construction Phase and Project Documentation Services exceeds the negotiatcd 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 timcs a factor of 2.6087 for services rendered which shall include Direct Labor, the federally audited payroll Direct Labor Overhead, and General & Administrative Overhead costs, but shall not include any allowance for profit. 6.3.2. Reimbursable Expenses, as defined in section 7.4 ofthis 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 $ 12.641.00 which includes $ 10.921.00 for consultants employed by the Engineer and $ 200.00 for all other reimbursable expenses. The estimated reimbursable expenses are idcntified in Exhibit ..~ ". 6.3.3 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 times a factor of 3.09 , or an amount otherw1se negotiated at the time such services are requested and approved by the OWNER. 9 MMI0417,055 ARTICLE 7 - MEANING OF TERMS 7.1 AGREEMENT As used herein the teon "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. 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-of-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 $ 59.00 Ihour Supervising Engineer III $ 48.00 /hour Supervising Engineer II $ 47.00 Ihour Supervising Engineer I $ 42.00 /hour Senior Engineer II $ 38.00 Ihour Senior Engineer I $ 35.00 Ihour Design Engineer II $ 32.00 Ihour Design Engineer I $ 29.00 /hour Staff Engineer $ 26.50 Ihour Engineer Intern $ 24.50 Ihour Survey Manager $ 43.00 Ihour Land Surveyor 11 $ 30.00 /hour Land Surveyor I $ 28.00 /hour Survcy Technician $ 24.00 /hour Engineer Technician II $ 28.50 /hour C ADD Drafter $ 21. 00 /hour Engineer Technician I $ 24.00 /hour Two Person Survey Crew $ 46.00 Ihour Clerical $ 19.00 /hour >I< Non professional classified employees subject to time and one-half over time rates. 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 of 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. 10 MM10417,055 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 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. 8.3 PAYMENT UNDER TERMINATION. In the event of termination by the OWNER upon the completion of any phase ()f 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, 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. ARTICLE 9 - GENERAL CONSIDERATIONS 9.1 TERMINATION OF AGREEMENT 9.1, I The sole right is hereby reserved to the OWNER to terminatc 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 of the ENGINEER'S data, recommendations, plans, specifications, analysis and other related documents prepared by the ENGINEER prior to said termmation 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 11 MMI0417,055 representatives for audit and review, at the ENGINEER'S respective officcs 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, perccntage, brokerage fcc, gifts or any othcr 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 recovcr the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. All employees of the ENGINEER or other persons while cngaged in the performance of work or services required by the ENGINEER shall be considered employees of the ENGINEER only and not ofthe 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 In providing scrvices under this agreement, the ENGINEER will perform in a manner consistent with the degrce of care and skill ordinariI y exercised by members of the same profession currently practicing under similar circumstances. If any service should be found to be not in conformance with this standard, the ENGINEER shall, at the OWNER's request, re- perform the service at its own cxpense. 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 non~pcrformance 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, consistent with the standard care, comply with those Federal, State, and Local laws and ordinances applicable to the work to be done. 9.7.2 The ENGINEER agrees to defend, indemnify and hold harmless the OWNER, its officers, directors, agents and employees from and against any suit, cause of action, claim, cost, expenses, obligation and liability of any character, including attorney's fees, which is brought or asserted for any bodily injury, death, or physical damage to property received or sustained by any person, persons, property, business or any other entity, arising out of or resulting from, or in connection with the ENGINEER'S negligent performance of the work specified in this agreement. 9.7.3. The ENGINEER agrees to defend, indemnify and hold harmless the OWNER, its officers, directors, agents and employees, should OWNER, its officers, directors, agents or employees be named as a defendant in any action where the OWNER'S alleged liability arises from the negligent performance of the ENGINEER'S work herein described. The obligations of the ENGINEER to defend, indemnify and hold harmless the OWNER will apply to any suit, cause of action, claim, cost or obligation including, without limitation, those alleged under the common law or pursuant to a federal or state statute or regulation including those arising in tort, trespass, nuisance, and strict liability. 9.7.4 In the event the OWNER is found proportionately responsible for any damages ultimately awarded to a plaintiff or plaintiffs in any lawsuit, the ENGINEER will be responsible for only those damages, costs, or liabilitles as are attributable to the ENGINEER'S percent of fault as compared with 100% of the fault giving rise 12 MMI0417,055 to the damages. Should thc OWNER be found responsible for negligencc by its own officcrs, directors, agents or employees, then in that event the OWNER agrees to reimburse the ENGINEER for the reasonable attorney's fees and costs incurrcd in any defense of the OWNER in an amount proportional to the fault attributed to the OWNER. The indemnity required herein shall not be limited by rcason of the specification of any particular insurancc covcragc in this Agreement. 9.7.5 Should either OWNER or ENGINEER be held rcsponsible, for any damages, costs or liabilities resulting from intentional misconduct by any officer, director, agent or employee in connection with the work specified in this Agreement, then in that event, that party shall defend, indcmnify and hold harmless the other as to any damages, costs or liabilities that result from or arise out of that intentional misconduct, including rcasonable attorney's fees and costs which shall include costs and salary of the city attorney or other in-house counsel. Further, notwithstanding the obligations set forth in paragraphs 9.7.2 and 9.7.3 above, the ENGINEER agrees to defend OWNER where the OWNER'S alleged liability arises from intcntion al misconduct by the ENGINEER. Should the OWNER be found rcsponsible for intentional misconduct by its own officer, director, agcnt or employee, then OWNER agrees to reimburse ENGINEER for the rcasonable attorney's fees and costs incurrcd in any defense of the OWNER. 9.7.6 Thc ENGINEER shall perform this agreement as an indcpendent 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 INSURANCE The ENGINEER shall secure and furnish to the OWNER certificate of insurance, thercin, naming the OWNER as an addItional insured, 10 includc thirty (30) days notice of cancellation or non-renewal. Without limiting any of ENGINEER's obligations hereunder, ENGINEER shall sccure and maintain, until the work is completed and acceptcd by the OWNER, insurance coverage naming the OWNER as additional insured with minimum insurance coverage as follows: Type of Covcrage Limits Emplovers'Liability: $ 100,000 per accident General Liability: Bodily Iniury & PropertyDamage Single and combined: $1,000.000 per accident General Aggregate: $2.000.000 Excess Liability coverage (umbrella) $1,000.000 each occurrence Automobile: Bodily Iniury covering all automobiles, trucks,_ tractors, trai Iers, or other automotive equip- ment whether owned or rcntcd by Engineer or owncd by employees of Engineer. $1.000,000 each person $1.000.000 each occurrencc 13 MMI 0417.055 Property Damage covering all automobiles, trucks, tractors, trailers or other automotive equipment whether owned or rented by Engineer or own cd by employees of Engineer $100,000 each occurrence OR Bodilv Iniury & Propertv Damage Single and combined $1,000,000 each occurrence In addition to the above insurance coverage, the ENGINEER shall secure and maintain, until the work is completed and accepted by the OWNER, and without naming OWNER as an additional insured, professional errors and omissions coverage as follows: Professional Errors & Omissions: $ 1,000,000 per claim and aggregate each occurrence 9.9 ENDORSEMENT The ENGINEER shall place his endorsement on all drawings and other data furnishcd by him. 9.10 OWNERSHIP OF DOCUMENTS The parties admit and agree the documents produced under this agreement arc 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 legal 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 arc 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 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, 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 'TIle 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 accountmg 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 14 MMI0417.055 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 samc manner as this original document and shall after execution become a part of this Contract. In witness Whereof, the Parties hereto do make and execute this Agreement. CITY OF BOZEMAN, MONTANA EN::ER fl- 12A~ ~drntJ DATE: \) eo c.. _ \ D c!)DO '7 I BY: cP^.~A-. 7{J~~~\~' (City Manager) DATBj)00~q.~~ ::~~. I i1ll"'fu'\ - ~)!~ N:\0417\055\DOCS\Contract\First Draft Profess Serv Agreement Lymanl.doc 15 MMI0417.055 EXHIBIT A TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES ENGINEER'S STATUS DURING CONSTRUCTION This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on , between CITY OF 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 deficicncies in the Work. 10.3. PROJECT REPRESENTATION If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in EXHIBIT B, A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMIT A nONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENT A TIVE. lOA. CLARIFICATIONS AND INTERPRETATIONS ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as 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 therefor as provided in the General Provisions of the construction Contract Document. 10.5. AUTHORIZED VARIATIONS IN WORK ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the 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 therefor as provided in the General Conditions ofthe Construction Contract. A-I MMI0417.055 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. L 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 Artiele or elsewhere in the Contract Documents nor any deciSIOn made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR, any Sub-contractor, any Supplier, or any other person or organization performing any of the Work, or to any surety for any of them. 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 arc 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 Contracr 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. A-2 MM10417,055 EXHIBIT B TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE. This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on between CITY OF BOZEMAN (OWNER) and MORRISON-MAIERLE. INC. (ENGINEER) providing for professional engineering services. ARTICLE 11 - DUTIES. RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENT A TIVE ENGINEER shall furnish a Resident Project Representative (RPR), assistants and other field staff to assist ENGINEER in observing performance ofthe 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. Conferences and Meetings: 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. 11.2.3. Liaison: ] 1.2.3.1. Serve as ENGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's superintendent and assist in understanding the intent of the Contract Documents; and assist ENGINEER in serving as OWNER's liaison with CONTRACTOR. ] 1.2.3.2.Assist in obtaining from OWNER additional details or informatlOn, when required for proper execution of the Work. B-1 MMI 04] 7.055 11.2.4. Shop Drawings and Samples: 11.2.4.1. Record date of receipt of Shop Drawings and samples. 11.2.4.2. Receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of availability of samples for examination. 11.2.4.3. Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring Shop Drawing or sample if the submittal has not been approved by ENGINEER. 1l.2.S. Review of Work. Reiection of Defective Work. Inspections and Tests: 1l.2.S.I.Conduct on-site observations of the Work in progress to assist ENGINEER III determining if the Work is in general proceeding in accordance with the Contract Documents. 1l.2.S.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 stmtup. 1l.2.S.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 III 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 of the Contract, ENGINEER's clarifications and interpretations ofthc Contract Documents, progress reports, and other Project related documents. B-2 MMI 0417_055 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 ousite 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. I 1.2.9.2. 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 5Chedule 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. Comnletion: 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 fmallist of items to be completed or corrected. 11.2.12.4. Observe that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning final acceptance. 11.3. LIMITATIONS OF AUTHORITY Resident Project Representative: B-3 MMI 0417.055 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. ShalI 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. B-4 Exhibit C Scope of Services for Lyman Creek Reservoir Improvements Project December 5, 2007 Pre-Design Phase The pre-design phase is intended to develop adequate information to determine the most appropriate solution for each work item. Alternatives will be explored where appropriate. Project costs will be developed to assist in decision making and budgeting. The following sections describe the task problem, list the items to be completed for each task and identify the deliverable for the task. Additional information is provided on Exhibit A-I and B-1 for Task 6. Task 1 Water Treatment Evaluation Problem Statement - The existing plant has a design capacity of 1,500 gpm and the desire is to increase capacity to 2,680 gpm. The existing disinfection and fluoridation systems are inadequately sized. Problems exist with the injection and sampling systems at the plant In addition the City desires to add pH monitoring capabilities. The City is concerned with the safety aspects of bulk liquid hypochlorite disinfection and would like to evaluate alternative disinfection methods. Task Description - This task will evaluate alternative disinfection methods as allowed by the budget, provide recommendations regarding injection methods and sampling points and develop budget level estimates. This task will be coordinated with the plant piping and control task. The alternative disinfection analysis will compare life cycle costs of various alternatives as well as evaluate safety issues. Task deliverable - Technical memorandum with recommendations regarding water treatment issues. Task 2 Plant Piping Problem Statement - The existing plant has a design capacity of 1,500 gpm and the desire is to increase capacity to 2,680 gpm. Increasing the capacity will require modifications to the piping system which provides opportunities to modify the flow control valve arrangement to what the City desires. Task Description - This task includes a brief hydraulic analysis of the existing piping from the spring to the reservoir and recommendations for piping changes. Alternate operation methods will be examined so that all water generated by the spring is able to reach the plant This task will be coordinated with the control task and the water treatment task. 1 Task deliverable - Technical memorandum with a recommendation regarding plant piping and alternate operation methods. Task 3 Controls Problem Statement - The existing telemetry system is unreliable and the SCADA system is in need of improvements. Additional monitoring is needed for the remote spring site, the adjacent reservoir, the adjacent outlet building and potentially two remote pressure reducing stations. New flow control and metering equipment is proposed at the treatment plant and additional sampling and monitoring is needed. Task Description - This task includes an analysis of potential telemetry system improvements and a review of the existing SCADA system. Options for monitoring of the remote site(s) will be evaluated. The interaction of the Bridger Center Lift Station and the Lyman Creek facility will. be reviewed and as options are reviewed this interaction will be analyzed. Conceptual level design efforts will be undertaken to arrive at budgetary cost estimates for implementing the proposed improvements. Alternatives for construction delivery will be explored for the control improvements. Task deliverable - Technical memorandum with a recommendation regarding control Issues. Task 4 Architectural, Structural, Electrical, Mechanical and Site Task Problem Statement - The existing plant has some undesirable building features that require rehabilitation. These include poor access to the outlet building, reservoir vestibules that have icing and rodent problems, inadequate reservoir venting, difficult access to the treatment building, undersized heating system in the treatment building and an undersized emergency generator. Existing interior panels are not water proof which is a concern due to the treatment plant environment. Access to the pressure reducing vaults is also in need of modifications. Task Description - This task includes a site survey for the modifications of the outlet building and the treatment building, evaluation of electrical needs for the plant site, evaluation of heating options for the treatment building, schematic design of the reservoir vents, description of proposed building and access modifications and project cost estimates for the work items. This task will be coordinated with the control task and the water treatment task. Task deliverable - Technical memorandum with recommendation and cost information. 2 Task 5 Spring Investigation - Phase 1 Problem Statement - Historically, most of the flow of Lyman Creek was diverted by the City of Bozeman at a surface water diversion located a good distance downstream from the source of water. The source of water is groundwater, discharging from the Madison Limestone through a large spring where a fault brings metamorphic "granite" (quartzofeldspathic gneiss) up against the Madison Limestone to act as a dam over which water spills through the spring. The surface water diversion, located perhaps a half mile downstream from the spring source, could divert essentially all of the surface flow provided by the spring (excluding unusually high seasonal flows or storm flows). A number of years ago, in order to avoid treatment costs stemming from new surface water rules, the City changed the point of diversion to a subsurface collector system located at the source spring approximately a half mile upstream from the original surface water diversion location. Since then, experience operating the new diversion has shown that the maximum amount of water the subsurface collector will divert is much less than the surface water diversions historically enjoyed at the downstream surface diversion structure and is much less than the City's legal claim for a diversion from Lyman Creek. The City would like to increase the subsurface water collection to get as much of their legal water right as possible. When the new subsurface collection system is operating at full capacity, a substantial flow of groundwater discharges from the spring area near the subsurface collector and travels to the location of the old surface water diversion structure as surface flow. Additional groundwater may enter the surface flow between the new subsurface collector and the old surface water diversion point. It appears very likely that the volume of surface flow reaching the historic point of surface diversion, while the new subsurface collector is in operation, may be equal to the difference in flow between the new subsurface collection system and the historic surface water diversions. The basic problem that must be solved is how to capture as much additional flow from the spring source as possible, before it becomes surface water flow subject to surface water treatment rules. The conditions observed during preliminary inspection of the site this fall suggest there are probably two components to the surface water flow arriving at the historic surface water diversion structure. One component of this flow is groundwater discharged to surface water flow at the spring source, right at the location of the existing subsurface collection system. Part of this discharge is through an apparent construction drain line and part is from overflow from the existing subsurface collection system. The other component of flow to the historic surface water diversion point, which appears to potentially be as much as the first component or more (at least in the fall of the year when the inspection was conducted), is discharge of groundwater into Lyman Creek at a reach of relatively steep streambed a considerable distance downstream from the main spring. 3 This reach is just downstream from the first pond structure downstream from the main spnng. The preliminary inspection indicates the perceived gain in stream flow from groundwater discharging into the stream occurs because the gaining reach of stream is relatively steeper than the upstream reach extending back up to the source spring. The reach of steep streambed is closely associated with the location of a fault that brings soft, Tertiary- aged sediments into contact with hard, crystalline metamorphic granite (gneiss). As Lyman Creek transitions from the hard granite terrain to the downstream soft Tertiary sediment terrain, it drops in elevation, resulting in a short reach of relatively steep streambed where it appears likely the stream flow increases significantly due to an inflow of groundwater. It is not known if the source of additional groundwater flow is from fractures in the granite or if water has simply traveled through the rock rubble in the valley floor all the way from the source spring, to discharge fTOm the rock rubble where the streambed gradient steepens. Accordingly, the problem that must be solved is not only how to capture more groundwater, but where. If the perceived inflow can be verified, the next question is where does it come from? If its source is discharge of groundwater from local fractures in the granite, installation of additional subsurface collection capacity upstream from this site, near the source spring, would not be particularly successful. Additional subsurface collection would instead be required at or downstream from the source of flow out of the granite instead of at the main spring. Field investigations are required to verify the foregoing initial perceptions and to develop conceptual plans about how to capture additional groundwater under these circumstances, particularly if it cannot be determined how much of the additional inflow (if any) stems from the main spring at the Madison Limestone fault and how much stems from discharge out ofthe faulted and fractured granite. A final component of the problem is how to install and operate a recording device on the existing flume near the historic point of surface water diversion so that flow can be measured and recorded in conjunction with an existing recording flume installed at the downstream end of the existing subsurface collection system. Task Description - This is the initial phase of investigation required to determine how additional development of the spring might be accomplished. The initial phase will consist of the following field investigations: 1. Flow measurements at select locations along the stream, twice this fall, early winter and at least once in late June or early July of next year. 2. Temperature measurements of spring discharge and surface water temperatures starting at the source spring and all the way downstream to the surface diversion 4 structure, with associated air temperatures, conducted at the same times as the flow measurements. 3. Electrical conductivity (specific conductance) measurements of the spring discharge and surface water flow at selected locations, conducted at the same times as the flow measurements. 4. As-built elevations of critical facilities as required for a conceptual plan for improvements to the diversion works. 5. Formulation of conceptual designs for alternatives to divert more groundwater before it becomes surface water. 6. Formulation of a conceptual design to equip the downstream concrete flume near the historic surface water diversion with a recording instrument and to improve the accuracy of the measuring device while reducing maintenance requirements. 7. Research of directional drilling capabilities in large rock rubble valley fill so that directional drilling can be considered as an alternative to wholesale excavation and backfill of a new subsurface collector. 8. Formulation of a work plan to complete the additional investigations and evaluation required to support selection of the most suitable alternative and to refine the preliminary engineering design and cost estimates. Stream Flow Measurements - It is anticipated that stream flow will be measured twice between now and the end of December 2007. The purpose of these measurements is twofold. One purpose is to verify that additional groundwater is discharging into the streambed in the steep reach at the fault between the granite and the Tertiary sediments as appeared to be the case during the initial inspection. The second purpose of the stream flow measurements is to quantify the amount of groundwater discharging into the stream that may be captured by additional subsurface collectors during the late fall, low-flow conditions. The flow measurements will include use of the existing sharp crested rectangular weir, the existing 450 flume, the stop log structure on the upstream pond as a weir, the downstream concrete flume, and miscellaneous current meter measurements, as necessary, particularly where existing weirs or structures are backwatered or submerged. Drain Pipe Flow Measurement - It is proposed that a metal stock tank and temporary pye pipe be used to measure the discharge out of what appears to be a construction under-drain located between the two existing subsurface collectors. This drain pipe, combined with overflow from the existing subsurface collector system, was the sole source of surface water flow to the existing 450 flume during the inspection this fall. In order to measure the flow from the drain pipe this fall, it is proposed that a temporary pye pipe be slipped over the drain pipe to collect its discharge and convey it to a 5 container of known size, i.e., a stock tank, where the rate of flow can be calculated volumetrically. If possible, the temporary stock tank will be sited downstream from the sharp crested rectangular weir installed in the streambed by City staff, so any additional groundwater seepage into the streambed between the drain pipe and the weir can be detected. The stock tank will be equipped with a drain so it can be removed after the measurements are taken. Although the proposed stream flow measurements this fall will indicate how much groundwater flow is escaping capture by the existing subsurface collection system during late fall, low-flow conditions, the measurements will not indicate how much groundwater flow remains uncaptured during summertime high-flow conditions. Therefore, similar measurements are required next summer, during the time of high flows from the spring. Measurement of spring discharge and groundwater inflow to the stream at different locations next summer is outside of this initial scope of work; however, it is recognized that the work will be required in the next phase of this effort. Overflow Pipe Flow Measurement - When the drain pipe flow is measured, similar volumetric measurements will be taken at the overflow pipe from the existing subsurface collection system, using a 50-gallon drum or similar volumetric container. The sum of the overflow discharge and the drain pipe discharge can then be compared to the flow through the existing 450 flume to determine if any additional' uncaptured groundwater flow is entering the stream bed between the drain pipe and the flume. Task deliverable - The proposed scope of work will produce a technical memorandum with a summary report of findings of the initial work, preliminary conceptual design alternatives, and a work plan for further detailed investigation that may include drilling test bores, seismic and GPR investigations of the subsurface materials and depth to water table and bedrock, or other investigations as required. Task 6 Reservoir Liner Problem Statement - In 2004 the City had a 45-mil reinforced polypropylene liner installed in an existing 5.0 million gallon concrete reservoir. After installation of the liner it leaked at rates found unacceptable by the City. Numerous attempts to reduce the leakage were made by the contractor and eventually the liner was accepted by the City under terms developed through mediation. At the time the City accepted the liner, it was leaking at a rate of approximately 40 to 50 gpm. The City has since had divers spend part of a day to find and seal some of the leaks which has reduced the leakage to approximately 9 gpm. There are two items relative to the liner that are of concern. First, the leaking water could be utilized, and second, the DEQ has indicated it will require the City to obtain a permit to continue to discharge water from the leaking liner. 6 Task Description - This task includes the following items: · Review of correspondence between the City and DEQ regarding the need for a discharge permit. · Discussions will be held with DEQ staff to determine what courses of action are possible regarding the discharge. Task deliverable - Technical memorandum addressing possible regarding the need for or requirements for a discharge permits. discharge permit is not included in this task. course of actions Application for a Task 7 Sourdough Tank and Site Repairs Problem Statement - A number of repair items to the Sourdough Tank and associated site were identified in the Water Facility Plan. These include the following: 1. Repair cracking concrete around rim roof 2. Replace rusting and deteriorating inside ladder 3. Abandon control valve with leaking valve stem 4. Consider adding xeri-scape to limit vegetation around tank 5. Fix drainage issues across Sourdough road Task Description - This task will evaluate options for each of the listed items and develop budget level estimates. Task deliverable - Technical memorandum with recommendations regarding Sourdough Tank repairs. Task 8 Project Coordination and Quality Assurance Task Description - This task includes effort associated with project coordination and quality assurance review of the various tasks. 7 EXHIBIT A-I SCOPE OF SERVICES TASKS Phase 1 -Project Management 100 Project Management and Administration Phase 2 - Lyman Creek Reservoir 200 5 MG Reservoir I DEQ Correspondence Review & Meeting Task 100. Project Management and Administration Objective: Manage and control the professional services contract to provide efficient completion of the project HDR Subtasks 101 Monitoring 0 Conduct a project kickoff phone meeting with key Morrison Maierle, Inc. per'sonnel and City staff to establish project goals and objectives.. 102 Quality Control. Provide quality control and resource management over the project. Task 200. 5 MG Reservoir I DEQ Correspondence Review & Meeting Objectives: Review the correspondence and recommend alternatives as performed by others to reduce or permit the discharge from the reservoir with the Department of Environmental Quality (DEQ).. HDR Subtasks: 201 Reservoir Plans, Specifications & History of Repair Review. Review the reservoir plans, specifications and history of repait.. 202 Correspondence Review between City and DEQ Regarding a Discharge Permit. Review the correspondence between the City and the Department of Environmental Quality (DEQ).. 20.3 Course of Action Meetings with DEQ Regarding Discharge. Meet and discuss what courses of action is possible regarding the leakage discharge from the reservoir. One meeting with DEQ will be allocated for this task Lyman Creek Page 1 Engineering SelVices Scope 204 Technical Memorandum. ProVide a technical memorandum addressing the possible course of action regarding the discharge permit as decided with DEQ. The discharge permit will be completed under a separate contract ot contract amendment, depending on DEQ's requirements and scope. Deliverables: .. Technical Memorandum lyman Creek Page 2 Engineering Senrices Scope Exhibit B .- I Lyman Creek Engineering Services Budget Summary Task Description Total 100 Project Management $ 1,239.83 101 Monitoring 102 Quality Control 200 5 MG Reservoir I DEQ Correspondence Review & Meeting $ 9,681.30 201 Reservoir Plans,Specifications & History of Repair Review 202 Correspondence Review on Discharge (City/DEQ) 203 Course of Action Meetings with DEQ Regarding Discharge 204 Technical Memorandum TOTAL PROJECT BUDGET $ 10,921.13 Exhibit B-' Lyman Creek Budget 1 of 4 12/512007 Exhibit B-1 Lyman Creek Engineering Services Budget Task 100 - Project Management and Administration Staff Quality Assurance/Qualily Control !D_I~lI1l1iE.lllll PrOject Engineer 2 ~..~13di.a1I.~Ji~~~ Uner SpeCIalist ~flllltQlL~_JRBB:1Vjllll Cad T echntClan 2 ~~~.~lIirlfIJ8i.1 Clerical ~~t-)I~iJ~~iJa.il11~ Electrical Engineer r~F-.!~~~~ilEff;i.~.]lW~~i~~1ffi[11jh~J =~~J~,.~:;:!.!;.:J!fJM'~~""";;;;o1r""'~ll:;E@! Strucutral Engineer Total hours per task Subtasks 101 . Monitonng 102 - Quality Control Exhibit B -t Lyman Creek Budget Subtasks Total Base Labor 101 102 Hours Rate Total 2 2 4 $ 37.00 $ 148.00 1 1 $ 70.00 $ 70.00 0 $ 53.00 $ - 0 $ 37.00 $ - 0 $ 25.00 $ - 0 $ 23.00 $ - 0 $ 50.00 $ - 1 1 $ 50.00 $ 50.00 0 $ 23.00 $ - 0 $ 21.00 $ - 0 $ 26.00 $ - 0 $ 19.00 $ - 2 2 4 $ 17.00 $ 68.00 1 1 2 $ 21.00 $ 42.00 0 $ 52.00 $ - 0 $ 26.00 $ - 0 $ 53.00 $ - 0 $ 32.00 $ - 6 6 12 Total Labor $ 378.00 OH(1.75) $ 661.50 Subtotal $ 1,039.50 Profit (15%) $ 155.93 Total Direct Labor $ 1,195.43 Miscellaneous $ Travel Expenses $ M appingfPhotoslSurvevs $ Printing and Photocopymg $ Telephone $ Technology Charge $ 44.40 Total Direct Expenses $ 44.40 $ 1,239.83 2014 121512007 Subtasks Total Base Labor 201 202 203 204 Hours Rate Total 2 2 $ 37.00 $ 74.00 1 1 $ 70.00 $ 70.00 1 4 2 7 $ 53.00 $ 371.00 2 1 1 1 5 $ 37.00 $ 185.00 1 4 1 6 $ 25.00 $ 150.00 0 $ 23.00 $ - 0 $ 50.00 $ - 4 8 16 4 32 $ 50.00 $ 1,600.00 0 $ 23.00 .$ - 0 $ 21.00 $ - 2 2 $ 26.00 $ 52.00 0 $ 19.00 $ - 0 $ 17.00 $ - 2 2 $ 21.00 $ 42.00 0 $ 52.00 $ - 0 $ 26.00 $ - 0 $ 53.00 $ - I 0 $ 32.00 $ - Exhibit B-1 Lyman Creek Engineering Services Budget Task 200 - 5 MG Reservoir I DEQ Correspondence Review & Meeting PrOlsct Engineer 2 ~~~;JiliI~lIlllr~H~~1 Liner Specialist imr~_jR~_~lrit Senior Engineering TechniCIan ~~.rljlllrlil[11~1 Cad T echnrClan 2 ~~~~~~~ffi!~\lai@~~~'i!! t~~~~~~m~~er,J-~~~~~1ll Clencal ~~1fg1&l~1!~IJllj~ SlrucutraJ Engineer Total hours per task 8 9 25 15 57 Subtasks 201 - Reservoir PlanS,Specifications & History of RepaIr ReView 202 - Correspondence RevIeW on Discharge (City/DEQ) 203 - Course of Action Meetings with DEQ Regarding Discharge 204 - Technical Memorandum Total Labor OH(1.75) Subtotal Profit (15%) Total Direct Labor M"lScellaneous $ Travel Expenses $ Mappjng!Pholos/Surveys $ Printing and Photocopymg $ Telephone $ Technology Charge $ Tota! Direct Expenses $ ~ .. $ $ $ $ $ 2,544.00 4,452.00 6,996.00 1,049.40 8,045.40 1,125.00 300.00 210.90 1,635.90 ExhibitS -I Lvman Creek Budgel 3of4 $ 9,681.30 1215/2007 . Exhibit B-1 Lyman Creek Engineering Services Budget TASK TOTALS Staff Quar.ty Assurance/Quality Control ~~1iJlljjl)~.tllliiitfLl!l~I~1 Senior Design Engmeer 2 11~~91l111~~IB~~lIfll~ijl~1 PrOject Engmeer 2 te5;;;;~:S~iffi~.~~mr:=-lt'.N~""'''-:f.:"l~-:zm~m5!5!:l-;:~:f~!~-;-:ffi:l~~:~~: .::r..,,"",......=;r..-.;e:i'ii:ffi~~I"' -'".-.- ''''''="SQ'.-'''"'''''''''''' ~~~JJf.it~~~~!~~~~~~~~1!~~ Cad Technician 2 ~~'-llO-''''''.' ,., "'9!~'='1"lm='~,mj,w.'=' r~~~F.L~l ~ ;~~~~u:=-~!iE~~;;;4 ::.........~-~"=" '~~e..~J........~Bi~""..-!::I:.::;a: Clerical !~~~lh~~~a~~~~~~l~ii~lSTh1$l;ts !~~~lgt.!.~~~~~liffifi*:tiSE~ &ia.B~Ifl~~I"lm~jl Strucutral EngIneer TOTALS 12 Tasks 100 - Proiect Managemenl and AdminisiraUon 200" 5 MG ReservOir I DEQ Correspondence Review & Meetings Exhibit B -, Lyman Creek Budget . Tasks Total Base Labor 100 200 Hours Rate Total 4 2 6 $ 37,00 $ 222.00 1 1 2 $ 70,00 $ 140,00 0 7 7 $ 53.00 $ 371.00 0 5 5 $ 37.00 $ 185.00 0 6 6 $ 25.00 $ 150.00 0 0 0 $ 23.00 $ - 0 0 0 $ 50.00 $ - 1 32 33 $ 50.00 $ 1,650.00 0 0 0 $ 23.00 $ - 0 0 (l $ 21.00 $ - 0 2 2 $ 26,00 $ 52.00 0 0 0 $ 19,00 $ - 4 0 4 $ 17.00 $ 68.00 2 2 4 $ 21.00 $ 84.00 0 0 0 $ 52,00 $ - 0 0 0 $ 26,00 $ - 0 0 0 $ 53.00 $ - 0 0 0 $ 32.00 $ - 57 69 Total Labor $ OH(1.75) $ Subtotal $ Profit (15%) $ Total Direct Labor $ Miscellaneous $ Travel Expenses $ Mapping/PhotoslSurveys $ Printing and Photocopying $ Telephone $ Technology Charge $ Total Direct Expenses $ $ 2,922.00 5.113.50 8,035.50 1,205.33 9,240.83 1.125,00 300.00 255.30 1,680.30 10,921.13 4014 12/512007 .~