HomeMy WebLinkAbout10- Swim Center Lighting and Main Pump Upgrade Project Professional Services AgreementBOZEMAN SWIM CENTER LIGHTING AND MAIN PUMP UPGRADE
PROJECT
PROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made as of Au gust �t 24, 2010, between THE CITE' 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 OW'NER'S public works improvement program.
Whereas the OWNER intends to and has selected the ENGINEER to provide nece', sary and
professional engineering and surveying services for the project.
Whereas the ENGINEER represents that it is willing and qualified to perform 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, EXI41BIIT --P, A LISTING OF THE DUTIES,
RESPONSIBILITIES AND LIMITATIONS OP-AUTHORITY OF THE RESIDENT AR-0�
r EPREcr NT-ATIV EXHIBIT C --- ENGINEERING FEE PROPOSAL AND SCOPE OF
SERVICES FOR BOZEMAN SWIM CENTER LIGHTING AND MAIN PUMP UPGRADE
PROJECT and EXHIBIT D ENGINEERING FEE ESTIMATE are herehy incorporated in and
made part of this Agreement.
tA.RTICLE I - ENGINEERING SERVICES
1.I The do @ailed description of the specific project components is described as follows,
Desclopment of construction and bidding documents and providing construction phase services for twa distinct
project components: I ) the demolition and replacement of the existing lighting ,ystern for the natatorium, and 2)
the demolition and replacement of the existing main circulation pump for the pool's filtration /treatnient sw stem,
1.2 The Scope of services under this contract are set forth in this agreement and the attached MHIBITS.
ARTICLE 2 - ENGINEER'S RESPONSIBILITIES
2.1 F;NGINEER shalt 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 ",
professional engineering representative for the Project, providing professional engineering convtdtatinn and advice and
turntshing custornar} mechanical and electrical engineering serrices incidental thereto.
1 2 The ENGINEER shall furnish all labor, materials, equipment. supplics, and incidentals neeessary to conduct and
complete the ENGINEER'S portums of the Project and to prepare and dehver to the OWNER all data, reports, plans,
specifications, and recorrunendations as designalecl herein
3 'The ENGINEER shall ascertain such information as rnaN have as bearing on the work fr0tu local units of
goxcrnrncnt, 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.
?.-1 The ENGINEER'S work shall be in accordance with the standards of sound ens >ineering practices
-5, The ENGINEER shall Ranee a Principal -In- Charge for the duration of the project. The Principal -In- Charge shall
be Kurt W. Keith, P.E.
2.6 The ENGINEER shall narne a Project Manager who shall he the haison between the ENGINEER and the
OWNER. The Project Manager shall be David K. Harm /Weiel, F.E. The OWNER may name a Task Director who X0UI i
be the Liaison between the ENGINEER and the OWNER during the design settrneut of the Project.
?.7. The ENGINEER shall submit an estimated progress schedule at the beginning of the work, and monthIN progress
rcports thereafter until the project is completed.
?.X The ENGINEER shall rehid the project is needed, and redesign elements of the project, should bids come in over
the contract budget. This service will be oat no cost to the OWNER.
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 Dail McCarthy.
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 mailable all records Las -built drawin —, construction records, etc.) indicating the
existing configuration of the city utilities.
3.4 The OWNER will be responsible for Ad%ertasing 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 d - BASIC ENIGINEE:RING SERVICES
The ENGINEER shall render professional Engineering Services a,, follows.
4 1 PRE - DESIGN INVESTIGATION PHASE
A f ., th , r r,. G! r = ti ,i
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11.1 Consult with OWNER to clarif} and define OWNER %, requirements for the Project and review
available data.
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4.1.3 Identify and analyze requirements (it gavernrnental authorities having jurisdiction to approve the design
of the Project and participate in consultation with such authorities.
4.2 PR:ELIMINA,R'Y' DESIGN PHASE
Phw e ENGINEER shaalh `
4.2.1. In cowultaatum ,crth OWNER determine general scope, extent and character of the Project.
4.2.2. ENGINEER , ,hall then prepare a Pr ! Pe -: RCP:..t prel minarN plans anj , +
w ritten des er i pt for the Project.
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24). Genjechmeal and Analyst The hNGINW�R ha!! conduet ',Lick geoteehf4wif
, it pits alid soil boi:mg as necessary.
The ENGINFF14 shall furnish c hmeal report aL -requesied to OWNER for u! e bj 0 and
pfopai for de ign Purpose � FNGINPER :t�'ill no, he respoasible if il is used. [),, ithefs for other purposes.
427, mzbomuary cnummcbmu plan and specifica with
information which addresses the �pecial features of eachyrqject task.
42.8. Bawd no the information contained in the prebni"o,-y design 600umenuENGINEER will wbmuan
,*ise| opinion nf probable Total Project Cu`tsm the OoYNB&�
4.19. ENGINEER sb^U prepare and furnish complete copies v[p,cl,n.b.urN bidding d^;vnou`m **444e*�e
*e°°+ as oq"r^,cu to OWNER and at the `moc time furnish copies a^ din,c,c'i by O9/NB< to vgonur, and/or
pmuir^ huv'ug regnlmw,N responsibilities or direct financial participation in aoy po,/ of the 9rwccc ,mndc xu}
technical criteria, NAmtten descriptions and deygn datanccessm} for securing permits oi- appn al fr
authorities hnnogj"o`dicuoux`re`iew and appr (he de"@u.ond assist owner i" securing such qpprom|vand
re-, iew documents in person wrth OWNER and rekiew authorities, and. if nece^sar), CondL]C( a plan-in,hand site
re°ie�N. All obuu m between ENGINEER and OWNER will bc noted `nomemorandum from the
ENGINEER to the OWNER and incor into the final y[aox and specifications.
The vu,Um`ou,} Design Pbo,e will be completed and submitted *xbiu 13 uu|commr days following nonen authorization
frnm OWNER x. ENGINEER u` proceed wvb that phase ofwricc`.
4.3 FINAL BF8I(;NPHASE
After written authorization to proceed with the Final Design Phase, ENGINEER shall!
4.3.1. On dic basis of the accepted PrelimmarN Design &ckinenuand the rex/sed opinion of probable Total
Project Cost prepare for inc mtheContract Documents final dra"i,gs and Technical 8peci6c*orr^
of' sufficient doun| to `b°w the 2CDeral smpc, extent and deta character of the ),vork to be furnished and
performed hy the Om,ocu`r(s) suitable for use ,u the project bidding and construction.
4.12, Advise OWNER of an} adjosvne"|% to the latest op'ou," of probable ]\xv| prnoc/ Costs caused by
changes in general scope, cwcn/ or character or design requirement of the Project or Cm.uommu Costs,
Furnish /u OWNER ^ revised opinion vf probable Total Protect Costs based oa the Dmxmg^ and Syeqfi«uhoa^.
4.33. Pnvpmc for ncv.oNk and aypmal by 0YYN£D, its legal c"uom/ and other ud`xxom. contract agreement
forms, general conditions and ^upplcmcu/m�r^ndiuuu^. and '�kbrre appropriate) bid f^on^, iovx/at,mos to bid
and In'.07LIumn`to bidders, specialpro�ision�. technical s and ,tandard drawings, anti other related
contract docum"n/`,m conformance with the latest edition o[the Montana Public Work Standard Spvnbcud..u,
<NIPm/88/ and Ci,yofBo'vm,"Modihcuuous/vNIPp;SS adopted bx the City of Bo/emn".
4�34. Furnish OWNER six copies of the Contract DOCUMerits (iflcluding design drawings, �pcc and
coo,zuc,w.
The Final Pbase*iN be c and submitted Aithm2X calendar days h`|krving written nuthurizmvo from OWNER to
ENGINEER /v proceed with that phase ofwrviu:^.
44 BIDDING OR NEGO TIATING PHASE
After written aauthorization to proceed with the Bidding or NCgotiatml Phase, ENGINEER shall
4.4.1 ASsist OWNER in ad for and obtaining bids or ncgotl atin�* proposals for construction
contract( and record prospective bidders to "horn Bidding Documents ha%e been issued, receive aand process
deposits for Bidding DOCUments and conduct pre-bid conference,;.
4.4.1 Providc interpretation or clarification to prospective bidders regarding the Bidding Documents, and
iSsue addenda as appropriate.
4.4.3. C"orasuh with and advise OWNER as to the acceptability of the prime Contractor, subcontractors,
suppliers and other persons and organartations proposed by the prime contractors) 4hercin call "Contractor(s)")
for those portions of the work as to which such acceptability is required by the Bidding Doctiments.
4.4.4. Consult with OWNER concerning and determine (fie acceptability of substitute materials and
equipment proposed by Contractures) when substitution prior to the award of contracts is allowed by the Bidding
Documents,
4.4.5 Attend the Bad opening, prepare bid (ablAhMon, er,aloarte bids, msess 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,
materialti. cgtaipment and sersices. Furnish Owner two original Signature sots of executed contract documents
(including design drawings. specifications and contract Furnish contractor with one set of original signature
executed contract documents and up to two sets of construction documents.
4.5 CONSTRUCTION PHASE
The responSabalities of the ENGINEER during the Construction Phase are summarized as follows:
4.5.1. Gencraal Adminis of Construction Con tr ac t. ENGINEER Shall eorastalt with and ads Ise OWNER
and act is OWNER'S representative as provided in EXHIBIT A - E.NGINEER'S STATUS DURING
C. "ONSTRUCTION attached to and made part of this Agreement and may be further provided under the General
Conditions of the contract documents. The extent and limitations of the authorrtti, duties, and responsibitities of
the ENGINEER on the construction job Site as assigned here -in shall not be modified except as the ENGINEER
anay otherwise agree in writing_ All of OV'kNER's instruction to Contractor(s) will be issued through
ENGINEER who will hawe authority to act on behalf of OWNER to the extent pro%ided in the General
Conditions except as otherwise proWided ira writing.
Ira addition to the serlraces provided under .Article 10 (Exhibit A) the ENGINEER Shall provide the following
I'M ices durinK construction:
4.5.1.1 Schedule and conduct a pre - construction conference
l.l' a r o o f li ne, gfff Ekii bl i I t k
4.5.1.3 Review Contractors' construction schedule and operations,
4.5.1.4 Ascertain that the Contractor has Secured required permits needed to accomplish his work
4.5.1 5 Prepare and provide weekly acty ity and progress reports to the City's Task Ilirector.
4.5.1.6 ENGINEER Shall provide OWNER copies of all correspondence between the ENGINEER
and Contractor,
, 1,5.1.7 N. stop and resume Nkork orders. in whole or in part, when work 1s not or cannot be
performed In accordance w ith the Contract Documents.
15.1.8 Reviev, and approve, for conformance with the project technical specifications all shop
Lhzm,iiigs. and other Contractor submittals required by the Contract Documents
4-5.1.9 During construction fe% le" Contractors' construction schedules and evaluate conformance and
progress under the Contract tune pro% isions.
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 prqjecl original design concept.
4.5.1.11 Inspect the project and when appropriate, and after conferring with OWNER, issue rI
Certificate of Substantial Completion to the ('(infractor.
1.5. Prior to recommending final pament, schedule and conduct w ith the OWNER a final project
inspection and submit a report to the OWNER documenting any outstanding items or deficiencies
requiring correction prior to final payrnent. Upon satisfactory project completion ENGINEER shall
certify in writing to the OWNER, and any required regulatory agencies, that the construction was
completed in accordance with the approved plans and specifications and is performing IT) accordance
Akith 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 the project and advise the owner in writing %khcther project
deficiencies exist and if the project is performing in accordance with the design concept.
4 4-2. Re Projeet Repr-sefi�atiN e. ENGINPHR Aall pilo� ide a qLiakfied Residew Pfojee! Reppe-ientatiN e
attkejoh!ite 4 theAaflwipfoN E)X-HHB- A- -1-194'04' OF THEDUTIES,
RESPONSIBILITIES AND 09 4UTHORITV OF THE RESIDENT PROjE(4
REPRFSFNT4TIVE., attaehe(4 to afid made part of thli. AgFee+nent.
The P—NiGINHER shall skibink to the 0 top F@N iew and ihe re ume k4 eaeli Re-,idefit Pfoject
W140 f14R�' �e g tile Cour'le not less than 1 1 eal-e-da-
days prior to the pre construction meeting. Any subsefitient eliange in the fesidei4t repw,ewa�iN shall o be
, ,�Ib,jek�t lo the 0 appi 4.
4.53 Limitations of Responsibih ties. ENGINEER will not be responsible for CONTRACTOR's illearls,
methods, techniques, sequence 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 Worl, in
accordance with the Contract DoCUments-, however, nothing contained in this agreement ,hall be construed to
release ENGINEER from liability for failure to properly perform duties and responsibilities assumed b%
ENGINEER in the Contract Documents.
40 PROJECT DOCUMENTATION— NOT PART OF INITIAL SCOPE OF SERVICES
1-NGIN1 --hall AlFi4f� 14 OWNER v. ith (a) wqe Hlylav eopy and two papeF .,tleej: Reeord
Builts"). jh) ,� ynonthl� pFeg repert aiid (e) a proleet iietebHoh eontaining, - ueah E�ofTe and
t e; a reqIw-'teg by O A"NER,
47 CONSTRUCTION TESTING— NOT PART OF INITIAL SCOPE OF SERVICES
Fhe iw,peetieH ief:viee'. ,hall ffiekqde mffte�lal g and Nerifil- Hr ' w Nth j lijt@ FeqIiIFemefli,.,
pl+R4 and
phe &NGINBER shall pre ide and f8alfitaifl detailed doeumemiati(mi of the loljoA ," material te4]4+,—
1 ) COHEFete 4FPH".th, HiF e0fliefit Mid IdUn!
2) Embankment, tFeneh haekfilh atid tm and pHvernenj den,ijtie-
1 Aggregate
1 Piwit kill,, sweiigih, Pow and asphak --ont� t
ARTICLE 5 - ADDITIONAL SERVICES
5 1 It OWNER wishes ENGINEER to perform any of the following Additional Services, ONVNER so jn%truct
ENGINEER in writim and ENGINFFR shall perform or obtain from others such wr�iccs and will be paid therefor us
provided in the Agreement:
5.1.1. Legal land surveys pertorined to obtain data for preparing easements and rights -of -way descriptions.
5.1.2- Preparation of applications and supporting documents for go agencies in addition to those
required under Basic Services: preparation or review of owironmental studies and related services: and
assistance in obtaining environmental approvals.
5,1.3. SerNices resultirn from ,i-nfficant changes in the general scope, extent or character of the Project or
major changes in documentation pre accepted by OWNER vvhcre changes are due to causes beyond
ENGINEER's control.
5. 1.x. ProNiding renderings or model
5.1.5. Preparing docurnents for alternate bids requested by OWNER for work not executed or for out -of-
sequence work.
5-1.6. Providing other services not otherwise pro idcd for in the Agreement, including service 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
Sev.ices,
5 2 When required by the Contract Documents in circurnstances beyond ENGINEER's control. ENGINEER shall
perform or obtain trom others any of the following Additional Services as circurnstance require during construction and
w11110111 waiting for specific instructions from OWNER, and ENGINEER will be paid therefor as provided in this
Agreement
5.11. SetAices 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 conii tie w; Lira te with the additional
services rendered.
5.12. 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 C011traCt In C%ah.Mting and
determining the acceptability of an unreasonable or excessive number Of substitutions proposed by Contractor,
and evaluating an unrcauonablc or extensive number of claims submitted bye Contractor(s) or other in connection
with the \Aoik,
5.2.3. Servicc resulting from significant delays, change or price increases occurring as a direct result of
materials, cqUIPTTIMI Or energy shortages,
5 . 2.d. Additional or extended services during construction made necessary by 1 I) work damage by fire or
other causes durin- construction. (2) a significant amount of defective or neglected work of any Contractor, (3)
acceleration of the progress schedule involving services beyond normal working, hour (4) default by any
Contractor,
ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE
6.1 LUMP StTM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER (NOT
APPLICABLE
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OWNER and review authot4ties.
6. 1. 3 Gener Faa ,hall sub lAkIQ4'441- 41f: "ef Eendef The ,tateflients shall 4e
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6.2 DIRECT LABOR COST PA YMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER.
Design, bidding, construction and project documentation services performed as Basic Engineering Services under sections
- 1.2, 4.3.4.4 and 4.5 including preliminary design, final design, bidding phase. and General Administration of Construction
Contract, , shall be compensated in
accordance with the following;
6.2.1 The OWNER shall pare for Construction Phase and Project Documentation Services an annount not to
exceed $ 25,355 except as provided under 62.1 ,2 and 6.11.
6.2.1.1 C osts Compensation C'ompew ation for these services shall he based on the ENGINEER`
Direct Labor Cost times a factor cif 3_09 for services rendered which shall cover Direct Labor, Direct
Labor Overhead, General & Administrative ONerhead and Profit, plus reimbursable expenses as
provided in 62.2.
6.2.I.2 Notification. At any time during the construction that it becomes apparent that the
Construction Phase and Project Documentation Services rendered under this agreement will exceed the
negotiated compensation for these services, and prior to performing services in excess of the contract
ceiling, the ENGINEER shall give OWNER written notice thereof. Promptly thereafter OWNER and
ENGINEER shall review the scope and progress of the project work. ENGINEER shall obtain written
authorization from O'ry'NER, prior to any additional costs being incurred tinder 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 62.'1.1 or 6.2.13 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 colt
of the original scope Construction Phase and Project Documentation Services exceeds the negotiated
compensation for these services, the OWNER shall pay only for the direct costs incurred in excess of
the estimated compensation. These costs consist of an amount equal to the ENGINEER'S Direct Labor
Cost time a factor of 2.6087 for services rendered which shall include Direct Labor, the federalk
audited payroll Direct Labor Overhead_ and General & AdininistratiNe Overhead costs, but shall not
include any allokk ance for profit.
6.22 Reimbursable Expenses, as defined in section 7.4 of this Agreement, for Basic Ser\ices and Approved
Additional Scrvice ,hall be paid to the ENGINEER by' the ONIVNER in the actual ilMOU11t Of the Costs ITICUtred
up to in amount not to exceed $25.355.()() which includes $ 0 for consultants employed by the hTigniecr and
$2.286.00 for all other reimbursable expenses. The estimated reimbursable expense are identified in Exhibit
6.2.3. Failed Test Expenses. The ENGINEER ehall maintain and provide to the OWNER, a record of the
cost~ associated with fading quality control tests performed for the OWNER during the Course of the
construction of the project and recommend an amount the OWNER deduct from the contractor(s) PaNinents.
624 The 0 shall pay an amount for Additional SetAices rendered by the ENGINEER and approved
in wvrjiing by the OWNER on the basis of the ENGINEER'S Direct Labor Costs times a factor of 3.09, or in
amount otherwise negotiated at the time such services are requested and approved by the OWNER,
ARTICLE 7 - MEANING OF TYRNIS
7.1 AGREEMENT
As Used herein the term "this Agreement" refers to the contents of this document and its Exhibit', attached hereto and
referred to as it they "ere 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 portion, of the entire Project designed and specified by ENGINEER, but it will not include ENGINEER",
COMI)CF)sLItion and expenses, the cost of ]Lind, rights -of -way, or compensation for or damages to, properties unless this
Agreement so specifies, nor will it include 0'Ov'NER'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 O'KNER
7.3 DIRECT LABOR COSTS
Direct Labor Costs used is a basi for payment mean the actual salarie and wages paid to all ENGINEER's personnel
engaged directly on the Project, including. but not bunted to, engineers, -architect surveyors, designer=;, drafters,
specification writers, estimators, other technical and business personnel; but does not include indirect payroll related cost',
Err frini,
,c benefits, For the purposes of this Agreement the principals and employees of the ENGINEER MaXifflUin billable
Direct Labor Costs are:
Principals
% 59.00 /hour
Supervising Engineer Ill
$ 48,00 /hour
Supervising Engineer II
$ 47.00 /hour
Supervising Engineer I
$ 42.00 /hour
Senior Engineer 11
$ 38,00 /hour
Senior Engineer 1
$ 35 .00 /hour
Design Engineer 11
$ 3100 /hour
Design Engineer 1
$ 29,00 /hour
Staff Engineer
$ 26.50 /hour
Engineer Intern
$ 24,50 /hour
Survey Manager
$ 43.00 /hour
Land Surveyor It
$ 30.00 /hour
Land Surveyor 1
$ 28,00 /hour
Survey Technician
$ 24,00 /hour
Engineer Technician II
$ 28.50 /hour
CADD Drafter
$ 21 .00 /hour
Engineer Technician 1 $ 24.00 /hour
Two Person Survey Cre" $ 46.00 /bour
Clerical $ 19.00 /hour
. Non professional classified cinplciyees subject to time and one-half over time rates_
7 .= REIMBURSABLE EXPENSES
Reimbursable Expenses, mean the actual expeusc 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 Conlractor(s); subsistence and transportation of Resident Project
Representatives and their assistants: toll telephone calls and telegrams-, reproduction of reports, Drawings, Specification
Bidding Documents and similar Project-related items and if authorized in ad%anec by OWNER, overtime work requiring
lis(flicr than regular rates. In addition, when compensation for Basic Service is on the basi of Direct Labor Cost method
of payment, Reimbursable Expenses will also include (lie amount billed to ENGINEER by special consultants employed
by ENGINEER and authorized by OWNER tother than is an authorized Additional Services) and will also include
expenses incurred for computer time and other specialized equipment, including an appropriate charge for preciously
cstablished programs and expenses of photographic production techniques,
I
ARTICLE 8 - PAYMENT PROVISIONS
8.1 TIMES OF PAYMENTS. ENGINEER may submit monthly statement 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 dav 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 rate. and billed rates, detail of reimbursable costs, total period billing,
and total cumulative billing. When requested by OWNER services for distinct project ect segrnents ,hall be accounted and
billed separately.
83 PAYMENT UNDER TERMINATION. In the event of termination by the OWNER upon the completion of
any phase of the Basic Services, progress payments due ENGINEER for services rendered through such phase shall
Constitute total Payment for such services, In the event of such termination by OWNER during any phase of the Basic
Services. ENGINEER also will be reimbursed for the charges of pre-approved independent professional associates and
consultant employed by ENGINEER to render Basic Services, and paid for services rendered during that phase on the
basis of the payment provisions on of the Agreement. In the event of any such termination. ENGINEER will be paid lot
unpaid pre-approved Additional Services and unpaid Reimbursable Expenses which are authorized under thN agreement.
ARTICLE 9 - GENERAL CONSIDERATIONS
91 TERMINATION OF AGREEMENT
9.1,1 The sole right is hereby reserved to the O'KNER to terminate this Engineering Agreement for ariv 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 ( I ) no amount shall be allowed for anticipated profit on unperformed
services or other work, and (2) anv payment due to the ENGINEER it 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 ad ' justment shall include a reasonable profit.. as determined by owner,
for services or other work performed. The equitable adjustment for anN 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 \korl, (UlfleSl, the notice directs otherwise), and (2) deliver or otherwise make available to
the OWNER within ten (10) days copies of all data, de , ,inn drawings, specification report estimates.
summaries and such other information and material as may have been :accumulated by the ENGINEER in
performing this Agreement, whether completed or in process,
9.1A 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 'hy the ENGINEER
prior to said termination shall be delivered to and become the property of the OWNER,
9.1.5 Upon termination. (lie OWNER may take over (lie 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 (Ile services by the ENGINEER hereunder shall be made available to the OWNER, or their authorized
rcln•ewentati)Xs for audit and review, at the ENGINEER'S respective offices at all reasonable lures during the contract
period and for three years from the date of final payment.
93 EMPLOYMENT
The ENGINEER warrants that he has not employed or retained any company Or persons, other than a bona fide enployee,
working solely for the EN( ;INEE:R. to solicit to secure this contract, and that he has not paid or agreed to pay any
company or person, other than bona fide employces working solely for the ENGINEER, any fee, conhnnssion, percentage,
brokerage fee, gifts or any other considerations eotrtitaUent 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 frorn the price or consideration or otherwise recover the full amount of such fee, cormnrssion,
percentage, brokerage fee, gift or contingent fee.
All employees of the F,NGINEER or other persons while engaged in the performance of work or scr ces required by (lie
ENGINEER shall he considered employecs of the ENGINEER onlw and not of the OWNER.
9,4 NONDISC'RLNIINATION
The ENGINEER will have a policy to provide equal employment opportunity in accordance with all applicable state and
federal anti - discrimination laws, regulations, and contracts.
The ENGINEER will not refuwe employment to a person, bar a person from employment, or discriminate against a person
in cotnpensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas.
sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity. physical or mental
disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status
or sex distinction.
The ENGINEER shall be suhlect to and comply with Title VI of the Ctril Rights Act of 1964, Section 140, Title 2, United
States Code, and all regulations prontttlgated thereunder.
The ENGINEER shall require these nondiscrimination terms of its sub- consultants providing services under this
agreement.
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 services under this agreement, the ENGINEER will perform m a manner consistent with the degree of care
and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances If anv
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 oven expense. Engineer shall also, at its own expense, make such change,,. modifications or
additions to the project Which are made necessary as a result of the initial non - performance or the re- performance of
services The OW NER's rights herein are in addition to anv other remedies the OWNER may have under the law.
9.7 LEGAL RELATIONS-
9.7.1 The ENGINEER shall. consistent wltli the standard care, comply with those Federal. State, and Local
laws and ordinances applicable to the %kork to be done.
9.7.2 The ENGINEER agrees to defend, indcmnify and hold harmless the OWNER, its officers, directors.
agents and employees from and against any suit, cause of action, claim, cast, expenses, obligation and liability of
any character. including attorney's fees, which is brought or asserted for any bodily injury, death, or physical
dainage to property received or sustained by any person, persons. property. business or anv other entity, arising
out of or resultiull frorn, or in connection with the ENGINEER'S negligent performance of the work specified in
this agreement.
9.7.3, The ENGINEER agrees to defend, indemnity 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
anv action where the OWNER'S alleged liability arises frorn the negligent performance of the ENGINEER'S
work herein descrihed. The obligations of the ENGINEER to defend, indemnify and hold harmless the OWNER
will apple to any suit, cause of action, claim, cost or obligation including, without limitation, those alleged under
the common lag 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 arty damages ultimately awarded to a
plaintitt or phiintiffs in any lawsuit, the ENGINEER will be responsible for only those damages, casts, or
liabilities as are attributable to the ENGINEER'S percent of fault as compared with 100( of the fault giving rise
to the damages. Should the OWNER be found responsible for negligence by its own officers, directors. agents or
employees, then in that event the OWNER agrees to reimburse the ENGINEER for the reasonable attorney's fees
and casts incurred in any defense of the OWNER in an amount proportional to the fault attributed to the
OWNER. The indemnity required herein shall not he limited by reason of the specification of any particular
insurance coverage in this Agreement.
9.7.5 Should either OWNER or ENGINEER be held responsible, 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, indemnify and hold harmless the other as
to arty daarnage.s, costs or liabilities that result from or arise out of that intentional misconduct, including
reasonable attorney's fees and costs which shall include costs and salary of the city attorney or other in-house
counsel, Further, notwithstanding the aibli�gations set forth in paragraphs 9.72 and 9.7.3 above, the .ENGINEER
agrees to defend OWNER %'here the OWNER'S alleged liability arises from intentional misconduct by the
ENGINEER. Should the OWNER be found responsible for intentional misconduct by its own officer, director,
agent or employee, then OWNER agrees to reimburse ENGINEER for the reasonable attorney's fees and costs
incurred in any defense of the OWNER.
9.7.6 The ENGINEER shall perform this agreement as an independent contractor, and as such, is responsible
to the OWNER only as to the results to be obtained in the work herein specified. and to the extent that the work
shall be done in accordance with the terms. plans and specifications. The ENGINEER shall liave and maintain
complete control over all of its employees, subcontractor agents and operations, being responsible for any
required payroll deductions and providing required benefit,,, such as, but not limited to worker's compensation
with statutory limits, and unemployment insurance_
9.13 INSURANCE
The ENGINEER shall secure and furnish to the OWNER certificate of insurance, therein, naming} the OWNER as an
additional insured, to include thirty (30) days notice of cancellation or non-renewal-
12
Without limiting any of ENGINEER's obligations hereunder. ENGINEER shaCl WCUIV and maintain, until the �kork is
completed and accepted by the OWNER, insurance coverage naming the OWNER as additional insured with nurnniurn
insurance coverage as follows:
T" jv)e of Coverage Limits
bmpj,o ,ers'Liabiho i $ 100,000 per accident
General Liability:
Bodily Injury & ProvertNDamMe
Single and combined:
$1 M00.000 per accident
General Aggregate: $2,000,000
Excess LjabjhtNL coverage (umbrella) $ 1,000,000 each OCCUrreRCC
Automobile:
Bodily lnjur� covering all $ 1.000.000 each person
Altoinobiles, truck L 000,000 each occurrence
tractors, trailers, or
other automotive equip-
ment whether owned or
rented by Engineer or
owned by employees of
Engineer.
Properr Dainage coxering $ 100,000 each occurrence
all automobile trucks,
tractors, trailer or other
automotive equipment whether
owned or rented by Engineer
or owned by employees of
Engineer
OR
Bodily lrijury & PropertN $1.000,000 each occurrence
Damage Single and combined
In addition to the abase insurance cmcrage, the ENGINEER sh secure and maintain, until the work is completed
Lind accepted by the OWNER, and without naming OWNER as an additional in professional errors and
orro co as follows:
Professional Errors & Omissions: $ 1,000,000 per claim and
aggregate each occurrence
9 9 ENDORSEMENT
The ENGINEER shall place his endorsement on 1111 drawings and other data furnished by him
9 10 OWNERSHIP OF DOCUMENTS
'ne parties admit and agree the documents produced under this agreement are not intended or represented to be suitable
for J 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
independent professional associates or consultant Files in electronic media format of text, data, graphic or of other
13
1\,pe that are furnished by ENGINEER to OWNER are only for convenience of'owner. AnN conclusion or information
obtained or derived from such electronic [ties kN ill be at the user s sole risk,
9 11 PUBLICINFORINIATION
The ENGINEER shall not IS'Ale any ,taternents, releases or information for public ofisseniiriatioii without prior approval of
the OIA N 1; R,
9.12 PROPRIETARY RIGHTS
It patentable discoveries or inventions should result from work required herein, all right accruing from such discoveries
or lfl),cn(ions shall be joint property of the ENGINEER and the OWNER- Provided that the OWNER, state agencies or
political subdivisions and the Unit State Government shall have the irrevocable, none)xlusi%c, nontransferable and
royalty -free license to use each in-,enijon in the manuf use and disposition. according to laNk, of any article or
material, and in (lie use of any method that may be developed as part of the work described and Contemplated herein.
9.13 RECORDS
The ENGINEER shall maintain accounting records and other evidence pertaining to the cost incurred and to make the
I
records available at all reasonable nine dL]1'111- the Contract terni and for one ( I ) year front the date of final payment.
Such accounting; records and other evidence pertaining to the cost Incurred will be made available for inspections by
0
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 asNtgns of the respective parties.
9. j� kTTORNEY'S FEES AND COSTS
That in the event it becornes necessary for either Party of this Contract to retain an attorney to enforce any of the terms or
conditions of this Contract or to giv any notice required herein, then the prevailing Party or the Party giving notice shall
be entitled to reasonable atlorne's fees and cost including Fees. salary, and cants of in - house counsel to include City
AtiorneN
9,16 MODIFICATIONS AND AMENDMENTS
That any amendment or modification of this Contract or any provisions herein ,hall be made in Nkruting 27 or executed in the
same manner as this original document and shall after execution become a par( of this Contract.
In rN itneNs Whereof, the Parties hereto do make and execute this Agreement
CITY OF BOZENIAN, MONTANA ENGINEER
r
B
fi b':
(City Manager)
(vice-president)
DATE:
DATE:
0 Z
ATT*ES�T;51
BY
N: 44 1 S @e,,.o r at] 0111rad of Boze man P,,% doc
7 '14'F CO
14
EXHIBIT A
T0 AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES
6NG]mGGo'S. STATUS DURING CONSTRUCTION
This bxhihi, is attached /u, made u part of and incorporated b} prfe,cocc with the Agreement made on
between CITY OF BOZEMAN (OWNER) and MORRISQN INC
i ENGINEER) providing for professional engineering services,
ARTICLE 10 - ENGINEER'S STATUS DURING CONSTRUCTION
10.1 OWN8}l'S REPRESENTATIVE
ENGINEER "ill be 09fNBR'x representative during the construction period. The duties and re*pvoxihi|ibcxand the
|ind,atiuo~ of authority of ENGINEER as Oo/PVER'^ rcpxesm,ub~, during oon^/mc'im` are `o/ forth in the 0ou,om
oocvmeu/»xoJsbal| not hc extended without written consent vfOWNERuodENGINEER.
10.2 VISITS T0THE SITE
ENGINEER "ill make �,i^izx to the site at intervals appropriate to the wrinu~ `tugc~ of construction to nb^crvc the
pmXrc* and gazh,� of the executed Work and to de/ccminr, in gu`em|` if,bc Work is proceeding in accordance
"db the Contract Documents, ENGINEER will not he required to make exbao^ti�e or cmntb,ouv` *u-^b,
/m,peoious to check the guuU/} or guumdy of the Vfvd`. ENGINEED'^ efforts "ill be directed toward prv,Nimg for
(WNED'x greater dearee*fconfidence that the completed vvnrkvdl conform to the Contract I)vuumcuu. On the
basis ofmcb visits and on-site observations as an experienced and qualified design pu.f,`oioua|. ENGINEER will
keep 0VYN2B ioh`,mcd of the progress of the Wnd1 and will cmdcu`*r to guard OWNER against defects and
deficiencies in the'O,'ork.
10.3. PROJECT REPRESENTATION
0.4. CLARIFICATIONS AND INTERPRETATIONS
ENGINEER will iouc AiU, reasonable yrnmntoe», such woocu clmi6r*|no^ nrinterpretation of the rcgoiromem^
of the Contract Docum*uu(in the form vy Drawings c"*'k,rwi.o`u`BNGlNBEDmxyWe»rrohococcc`umy. which
,huD be consistent with or reasonably inferable from the ovcoO intent of the Contract Dnuumco/^, If
CONTRACTOR believes that a written clarification or interpretation justifies an increase iu the Contract Price orall
exneo.iuoof,be Contract Time and the parties are unable \"ogre*u` the amount oz extent thereof. CONTRACTOR
may make a claim therefor as provided in the General ProN isions of the Construction Contract Document,
10.5, A LITH{)&IZED VARIATIONS INWORK
ENGINEER may authorize minor variations iothe Y906^ from the requirements n+the Contract Documents which
do n iovn]`c an adjustment in the Contract Price orthe Cum,mcr Time and are cvuximcn, with rkevprruO intent of
the Contract Documents. ?bcsc may he uuowmp}[xhcd b� nRel0 Order and will be binding on OWNER, and also
on CONTRACTOR who shall perform the Work invol�ed promptly. If CONTRACTOR believe thata Field Order
jo`tific`an increase m the Contract Price oruu extension ^t the Contract Time and the parties are unable /" agree a`
to the xomnut or extent thereof. C0N7DAC70B may make a claim /broh,r u` propided in the General Conditions
nf the Construction Contract,
A-1
10,6. REJECTING DEFECTIVE WORK
ENGINEER kkill have authority to disapprove or reject Work which ENGINEER believes to be defective, and will
also have aiithorlty tu7 require special inspection or testing of the Work as provided in the General Provisions of the
construction Contract Document whether or not [lie work is fabricated, installed, or completed.
10,7 SHOP DRAWINGS, CHANGE ORDERS AND PAYMENT
10.7]. The ENGINEER's responsibility for Shop Drawings and samples shall comply with the shop drawing
pr( of the General Provisions of the construction Contract DOCUrnerit
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 73 The ENGINEER's responsibilities for contractor' Application for Payment shall comply with the
payment provisions of the General Provisions of the construction Contract Document,
10 R. 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' preliminary determinations on
such matter before rendering a written recommendation thereon (b) recommendation of an Application for
Pa or otherwise) to OWNER.
10.9. DECISION ON DISPUTES
10.9 1 ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of
the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the
Work or the interpretation of the requirement, 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 tormal 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
Partial* 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 rnatter will be a condition precedent
to any exercise by OWNER or CONTRACTOR of'such rights or remedies as either may otherwise have under
the Conti Documents or by Laws or Reg ulations in respect of any such claim, dispute or other matter.
1010 LIMITATIONS ON ENGINEER'S RESPONSIBILITIES
10.10.1. Neither ENGINEER's authority to act under this Article or elsewhere in the Contract Documents nor
any decision made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise
to any duty or responsibility of ENGINEER to CONTRACTOR, any Sub - contractor, anN Supplier, or an) other
person or organization performing any of the Work, or to any surely for any of thern.
10.10.2 Whenewer in the Contract Documents the terms "as ordered", "a directed", "as required", "a
allmNed", "as approved "" or term of like effect or import are used, or the adjectives "reasonable", "suitable",
"acceptable" "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement,
direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction,
review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless
A-2
there is Wa specific statement indicating othemise7 The use of uny such terse or adjective shall not be effective
to assign to ENGINEER any duty or authority to superkise or direct the furnishing
or performance ot'the Work
or any Clog or authority to undertake responsibility contrary to the proN isions of paragraph 4 5.3.
A -3
EXHIBIT B I REMOVED)
TO ,AGREEMENT BETWEEN OWNER AND
1 FOR PROFESSIONAL SE RVICFS
C-2
EXHIBIT C
FLI AGREEMENT AND PROJFCT SCHEDULE
C-2
MORRISON
j z
INC.
.1rr l'irEdm ce. [>'u nt'ci L trrrr�nm
August 3, 2010
Dan, McCarthy
Aquatic Director, Bozeman Swim Center
P.O. Box 1230
Bozeman, MT 59771 -1230
ENGINEERS
SCIENTISTS
SMEY4AS
Pt,ANNEAS
Re: Revised City of Bozeman Swim Center Pump Replacement and Lighting Upgrade Mechanical
and Electrical Engineering Services (Reduced pump design requirements)
IsT�Tii ®�Tfi
We appreciate the opportunity to provide you with this revised proposal for Mechanical and
Electrical engineering services for the above referenced project. Based on our current
understanding of the required scope of services as outlined in Appendix A attached to this letter, the
following is a distribution of engineering fees for each discipline /phase in the project (revised fees
per our phone conversation on August 2 are included in red):.
Pump Replacement Project Fees Includes p ro'ect set-up costs
Preliminary Design Study:
Mocha !cat Eng
Electrical Eng
PMfPIC
Total
Hours
Foe
Hours
Poe
Hours
l Fen
Draft Initial Contract with Cidy of Bozeman
2
$190
2
$190
3
$360
$740
Site and Existing Facilities Evaluation
6
$570
4
$380
1
$120
$405
Aternatives Evaluation. Cade Research
16'
$1 520
1
$120
$760
'Preparation of Protect Cost Estimate
4
$380
1
$120
$500
Totals:
13
$1 235
6
$570
5
$640
2 405
Resign Services:
Mechanical Eng
Electrical Eng
PMIPIC
Total
Hours
Fan
Hours
Foe
Hours
Fee
Preparation of Technical Specifications
8
$760
2
$190
1
$120
$1,070
Permit and Construction Drawing Preparation
6
$570
4
$380
1
$120'
$2,020
Preparation of Bid Documents
16'
$1 520
1
$120
$1,640
Construction Oversight and Administration
4
$380
2
$240
$1,000
Bid Document Printing and Copying Expenses
4
$380
$600'
Coordination of One -year Warranty walk- through
2
$190
1
$120
$310
I Design Meetings and Coordination
4
$380
2
$190
1
$120
$690
Totals:
1 50
$4.750
14
$1,334
5
$600
9 00
Construction Administration Services;
Mechanical Eng
Electrical Eng
Ph11PIC
Total
Hours
Foe
Hours
Foe
Hours
Foe
Pre -bid walk - through Meeling and Questions
3
$285
1
$120
$405
Evaluation of Bids
6
$570
1
$120
$590
Recommendation For Awarding the Bid
2
$190
1
$120
$310
Construction Oversight and Administration
4
$380
2
$240
$1,000
Building Equipment Stad -up
4
$380
$380
Coordination of One -year Warranty walk- through
2
$190
1
$120
$310
Totals:
21
$1,995
4
$380
6
$7201
$3,095
"total of Engineering Fees, Puma: 1S 1,800
"Providing resources in partnership with clients to achieve their goals"
ORRISON
I ,` -, , 'MMERLE, INC,
.kEL v.-wicc. arm
Lighting Replacement Project Fees (No proiect setup costs?
Preliminary Design Study:
Efocid at Eng
Senior Electrical
PMIPIC
Total
Hours
Foe
Hours
Foe
Hours
Fee
Site and Existing Facilitie Evaluatio
8
$760
2
$200
1
$120
$1,080
Aternatives Evaluation
16
$1' 520
1
$100
1
$120
$1,620
Preparation of project Cost Estimates
6
$570
1
$100
1
$120
$790
Totals:
3()l
$2,850
4
$400'
2
$240
3 490
Design Services:
Eloctrical Eng
Senior Eloctrical
PMIPIC
Total
Hours
Feo
Hours
Fee
Hours
Foe
Preparation cf Technical Specifications
8
$760
1
$100
1
$120
$980
Perm t and Construetion Drawing Preparation
28
$2 660
1
$100
1
$120
$2,880
Preparation of Bid Documents
16
$1 520
1
$100
1
$120
$1,740
Biid Document Printing and Copying Expenses
10
$950
2
$200
1
$120
$500
Coordination of One -year Warranty Watk- through
2
$190
1
$120
$310
Design Meetings and Coordination
4
$360
1
$100
1
$120
$600
Totals:
60
$5,7001
41
00
4
$480
7 080
Construction Administration Services:
Elocthcal Eng
Senior Electrical
PMIPIC
Total
Hours
Fee
Hours
Fee
Hours
Foe
Pre -bid Walk- through Meeting and Questions
3
$285
1
$120
$405
Evaivat on of Bids
6
$570
1
$120
$690
Recommendation For Awarding the Bid
2
$190
1
$120
$310
Construction Oversight and Administration
10
$950
2
$200
1
$120
$1,270
Coordination of One -year Warranty Watk- through
2
$190
1
$120
$310
Totals:
23
$2,185
2
$200
5
$600
$2,985
Total of Engineering Fees. Lighting: $13,565
Grand Total of Engineering Fees and Expenses: $25,355
We anticipate providing these services on an hourly, not -to- exceed basis.
Once we receive authorization from your firm to proceed, we will develop the City's Standard
Agreement for Professional Services for the City's review and signature. Upon receipt of the signed
Agreement, we will proceed with scheduling your project and beginning our work.
Sincerely,
Morrison- Maierle, Inc.
II'll " ,�t1,
David K. Harris /Weiel, P.E.
Mechanical Engineer /Project Manager
Attachments: Appendix A
Kurt W. Keith, P.E.
Vice President, Principal in Charge
Page 2 of 4
"Providing resources in partnership with clients to achieve their goals"
_
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Appendix A — Scope/Fee Assumptions and Limitations
Our engineering fee was based on the following anticipated scope of services:
• For the purposes of this fee estimate, we have assumed two separate bid packages will be
developed: one for the Pump Replacement Project and one for the Lighting Upgrade
VVe have assumed multiple systems will not be fully developed for pricing and/or bidding
VVe will assist im the selection of
engineering systems |n accordance with the objectives and goals of the Owner |0 regards to
oos1, conatructab|0ty, schedule, etc.
• We are of the understanding this project will not pursue LEED certification.
• Detailed planning, communication, and the timely exchange of design information by all parties
will be required. To minimize our fee, we have not included any contingencies to cover
significant changes or redesign caused by other parties or factors that are not within our direct
control. If significant changes outside of our control occur after we have initiated our
engineering deeign, we will require payment for this vvnrh as an additional service. Prior to
proceeding with any additional work, we will require written authorization from you or an
authorized representative.
• Morrison-K4o[er|e. Inc. (&8M|) will provide engineering design and oma|ys|m based on the
reguinrnnenhsmfthe2O0gUntermatiVna|Bui|dingCVde(8BC).the20O9UnifonnF'lumbinqCodg
(UPC). and the National Fire Protection Association (NFPA)codes.
• Drawings will be produced by M M I in AutoCAD 2010 for Mechanical and Electrical disciplines
All drawings will use MK8|'s typical drawing conventions. Final Construction Drawing
deliverables will be in the form of electronically transmitted pdf's to the City of Bozeman and it is
assumed that production and distribution of bid documents will be completed by Morrisom-
Maierle, Inc.
AdditionoNv.trefn|kovvnQ project specific scope/ apply:
Pump Replacement:
• We anticipate coordinating the plumbing systems with our electrical and structural department.
'
• We anticipate providing draw detailing the demolition of the exist pump and associated
plumbing. Then, plans will be provided for new equipment and piping to meet current codes and
operational goals nf the City of Bozeman Swim Center Staff.
• VVe have assumed that a one-year warranty walk-through will beprov
• We do not anticipate maj changes to the electrical service equipment. Our poka, an we
undenptmmd, will be to show electrical demolition that serves the pump to be nnp|amad and
provide power layout and circuiting to the new pump and associated equipment.
Page 3of4
"Providing resources in partnership with clients to achieve their goals`
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Lighting Upgrade:
• We anticipate exploring several configurations for new lighting vxhh|n the natatorium space,
providing cost estimates for those confi0uraUona, and presenting those cont estimates and
recommendations to the City of Bozeman for selection of the preferred lighting system.
• VVe anticipate coordinating luminaim* selections with owner,
• We anticipate provide lighting calculations to determine the lighting layout and that the light
levels will meet |E8NA'ootmndands.
• We anticipate providing lighting layout and circuiting drawings for the Swim Center. Light fixture
layouts will be limited to two revisions. Layouts in addition to this will be billed at standard hourly
oaten.
• VVa have assumed that a one-year warranty walk-through will beprovided.
• We have not anticipated in our scope of services the need to replace any existing lighting
pamn|boardsor distribution paneyboands.
• We have not anticipated in our scope of services the need to replace existing ceiling tiles.
• We have not anticipated in our scope of services any changes to existing switching and control
schemes for the swim center.
Page 4of4
"Providing resources in partnership with clients to achieve their goals"
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EXHIBIT C-2
FSTINIATED REINIKTRSIBLE EXPENSES
Estimated Reimbursible Expenses
Hours
Sets
Fee per
Unit
Total
Morrison -Maierle Tech Charge (Computer use, faxes,
m house priming. etc.)
258
$5
$1,290
Bid Documents, Main Pump Replacement - (Full Size
Drawing and Spec, Books)
6
$83
$498
Bid Documents, Lighting Upgrade - (Full Size
Drawing and Spec Books)
6
$83
$498
Totals:
2581
12
$171
$2.286
C'-2