HomeMy WebLinkAbout12- Morrison-Maierle, Bozeman Swim Center Structural Assessment of the North and South Walls Project Professional Services AgreementBOZEMAN SWIM CENTER
STRUCTURAL ASSESSMENT OF THE NORTH AND SOUTH WALLS
PROJECT
PROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made as of October 8, 2012, 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 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 L vu1B rT A - ENI, EEW S ST A T- -S
DURING CONSTRUCTION, -EXHIBIT
B A LISTING F HE DUTIES
-
RESPONSIBILITIES ITIES Ai irIT rTrO rS OF AUTHORITY - F T 4-E RESIDENT PRO�j G z
r
Dom€ ITATIVB.� EXHIBIT C - ENGINEERING FEE PROPOSAL AND SCOPE OF
SERVICES FOR BOZEMAN SWIM CENTER STRUCTURAL ASSESSMENT OF THE
NORTH AND SOUTH WALLS and EX HIBIT D BNGRI EERIN � BBB ESTIMATE
are
hereby incorporated in and made part of this Agreement
ARTICLE 1 - ENGINEERING SERVICES
1.1. The detailed description of the specific project components is described as follows:
Development of a report outlining the findings associated with the structural assessment of the existing north and
south masonry walls at the Swim Center. The purpose of the assessment is to measure the current out -of -plumb
nature of the walls and analyze them to determine if they need to be reinforced or if connections to the roof
and/or adjacent walls need to be enhanced to preserve the structural safety and integrity of these walls.
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 structural engineering services incidental thereto.
2.2. The ENGINEER shall furnish all labor, materials, equipment, supplies, and incidentals necessary to conduct and
complete the ENGINEER'S portions of the Project and to prepare and deliver to the OWNER all data, reports, plans,
specifications, and recommendations as designated herein.
2.3. The ENGINEER shall ascertain such information as may have a bearing on the work from local units of
government, 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 Kurt W. Keith, 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 Kurt W. Keith, 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.
2.8. The ENGINEER shall Febid the projeet as needed, and redesign elements of the pfejeet, should bids eerrie in Ave
the eentraetbudget. This service will be at no cost to 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 Dan McCarthy.
32 The OWNER shall have the right of review and examination of the ENGINEER'S work at all times.
3.3 The OWNER shall make available all records (as -built drawings, construction records, etc.) indicating the
existing configuration of the city utilities.
3.4 The OWNER will be Fespensible b Bid Openings.
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ARTICLE 4 - BASIC ENGINEERING SERVICES
The ENGINEER shall render professional Engineering Services as follows:
4.1 PRE - DESIGN INVESTIGATION PHASE
4.1.1 Consult with OWNER to clarify and define OWNER's requirements for the Project and review
available data.
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 03AWER's needs, pimning sun,eys, site evaluations and GempaFative studie5--&f
prospective sites and solutions.
4.1.6
Assist
in foFmation
of Speeial
imprEwement
Distr-iots
by
alternatives.
distFiet
desoriptions
and
maps,
(SID)
preparing
boundary
costs
based
an
the
b
teehnieal
information
b PFCUeet
assessment
hearings,
ub
, if
applicable
t
estimates,
layouts,
and providing
design
hibits
to
indioate
clearly
b
the
sketelies
involved
and
eanceptual
eensiderations
(including
b
NER
and
setting
b
findings
following,
b
A,hioh
will be sepai:ak4y
b
b -osts
and eentingeneies,
and
(on the basis of
and eensultants,
for the
cost
of land
and
rights
b
interest
and
chafges
and
for- otheF
to be
'ded b),
for-
QwneF.
b
,
such
4.1.8.
easts,
Furnish
allawanee,
b
etc
copies
are
of
hereinafter
the Study
and
son,ices
ealled
Repert
"fetal
dowments
Pwee"
Eels".
others
them in
with
The total of all
QVINWR
The Pre design
investigatien
_
Phase
voill
be eempleted
and
aFid FeN,iew
person
days
lowing
auther-ization ffem
OWNER
to ENGINEER
to
prooeed
with
submitted
that phase
within
ef sei.N,.*---
ealeiidaF
fe
wriften
42 PRELIMINARY DESIGN PHASE — NOT PART OF INITIAL SCOPE OF SERVICES
Phase, ENGINEER slialk
4.2.1. in eensultation With OWNER deteffilinegenffal scope, . .
4.2.2. ENGINEER shall then prepare a PFeliflninaiy Design RepoFt, pFeliminaiy plans and speeifleations an4-a
..:t+en desert .tion Fnr the PrE. eet
4.2.3. Pr-eliniinaFN'Design 8_2ep_g_!j: Specifie items to be addressed in the design report will include, but H&t4e
li te t..
rm-iccd o -c am
bidding. These approvals will be coor-difiated with the 03AINER and will be Riade on easement and perff+4
design doGuments approved by the OWNER. informatien and easement deseriptions provided in the Basio EngineefH+9
Sen,iees will be based on data available from •
426 >r.,...1,,..,t:a.,, and Analysis: The €NGDiEg R shall Gandaet such geatechn I
design bidding. geoteehnic-al repeft will be prepared
with Feeofflinendations S to conditions PeFtinent to the design and eanstmotion of the Project. StibsuFfitc-e
informafien will be obtained b) S S geateohnical data available and using
test pits and sail borings b
The ENGINEER shall fumish eopies of a geoteohnieal repert as requested to OWNER for use by QAq,4ER alld
meeting. The repef4 is ta-be
prepaFed faf: design purposes; ENC;INEER will not be Fesponsible if it is used by others for other ptiFpeses.
4.2.7. Preli . 1, Plans and Sver-ifiea4ien�-. Prepare prelif:ninaf�, c-onstruetion plans and spec-ifioations
.,f., a.t: „h:..l, addresses the speei I features Y J
f h t task.
4.2.8. Based on the inf-afmatien Gentained in the pfeliminaFy r'
design
opinion ef:p eba.hle Total Drn:o..t (`., r to the OWNER.
4.2.9. ENGINEER shall prepaFe and furnish eamplete eopies ef preliminafy bidding daeuments and
repoA as requested We 0- ALM-2.R and at the same time furnish copies as directed by QAqs4ER to S
b
parties haviRg regulatery responsibilities or direot �Pnaneial paftiraipation in any part of the Prajeet; provide any
teGhnical rmiter-ia, written descfiptieRs and design data iieeessaFy fqF s or- approval from
authorities havingjurisdietion to revie", and appWve the design, and assist o sueb approvals; and-
d-o-ounients with OWNER d iew aid Fil•9Ht ie and, if :.,..,ess ....'aUGt a plan in hand site
review. ill changes agreed to between ENGINEER and OWNER Will be .el .,.d..w. fforA the
ii GINEcn t„ the OWNER and : f:a,te,d into the final plans and spevifieatispl-
The Preliniinary Design Phase will be eempleted and -r*bi il{ within j4 - alenda .. T�r� written uthorizatie
f+om _ WAINER t'. ENGINEER to .. veal ..,:th that phase of sew
4.3 FINAL DESIGN PHASE — NOT PART OF INITIAL SCOPE OF SERVICES
After written autharization to r with ith the Final Design Dh > ENGINEER shall:
■ .
•_ 4
.
4.4 BIDDING OR NEGOTIATING PHASE — NOT PART OF INITIAL SCOPE OF SERVICES
A4eF written authefization to preeeed with the Bidding OF b
obtaining 4.4.1. Assist OWNER in adveftising for and bids or negotiating
oontraet(s) and reeord prospeotive bidders to whom Bidding Documents have been issued, Feceive and pFoc-es-s
deposits C Bidding Do nts and d t l.•d F pre
4.4.2. PFovide interpretation or GlaFifieatiea to prospnti-ve bidders regarding the Bidding Docufflents, and
addenda as :..t.,
4.4.3. Consult with and advise OWNER as to the areeptability of the er, subeoatrac-t&rs-,
4.4.4. Consult with OWNER and determine the aeGeptability of substitute Fflatffiak and
equipment proposed by C-entfaestar-(s) when substitution pFioF to the awaFd of eentracts is allowed by the b
�s. b
�
opening, 4.4.5. Attend the Bid prepare bid tabuWien, evaluate bids, assess biddeFs' -apA
:b:l :ty and make n ..rd recemmendation to 0- MiNFER
mateFials, equipment and sen,iees. Furnish Owner two eFiginal b
�inc-luding design dFawifigs,
.fed nt. ..t d,. nts and n to tls e€eafl .
4.5 CONSTRUCTION PHASE — NOT PART OF INITIAL, SCOPE OF SERVICES
The Fespo sibil:t :es or the ENGINEER duFing the Geas�FuGt:,,n P4ase are summarized v 11 as
•_ !
• .I. _
- !
• !
-
!
MMUMNIM
..
MeM
WIN
Weill
- e
r
•
r . �.
' .. .
..
4.6. PROJECT DOCUMENTATION — NOT PART OF INITIAL SCOPE OF SERVICES
containing ENGINEER shall flir-flish OWNER with (a) efie mylar eopy and two paper eopies of the Pr-ojeGt Reoerd Drawings ("As
documentation as requested bY O�W;ER.
4.7. CONSTRUCTION TESTING — NOT PART OF INITIAL SCOPE OF SERVICES
The inspeetion son,ioes shall inolude material testing and veFifieation
plans and spec-ifi cations.
of eentract oemplianee with job site requiFemefi4s,
testing:
I�Conerele strength, air cement and slu ip
2) Embankment, t:eHGh bael(fill and gravel and
payement densities
b
4)- Nant m4E strength, flo;nlld 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 scope, extent or character of the Project or
major changes in documentation previously accepted by OWNER where changes are due to causes beyond
ENGINEER's control.
5.1.4. Providing renderings or models.
5.1.5. Preparing documents for alternate bids requested by OWNER for work not executed or for out -of-
sequence work.
5.1.6. Providing other services not otherwise provided for in the Agreement, including services normally
furnished by the OWNER as elsewhere herein described.
J
5.1.7. Furnishing the services of independent professional associates or consultants for other than Basic
Services. I
5.2. When required by the Contract Documents in circumstances beyond ENGINEER's control, ENGINEER shall
perform or obtain from others any of the following Additional Services as-circumstances require during 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 Contractor;
and evaluating an unreasonable or extensive number of claims submitted by Contractor(s) or others in connection
with the work.
5.2.3. Services resulting from significant delays, changes or price increases occurring as a direct result of
materials, equipment or energy shortages.
5.2.4. Additional or extended services during construction made necessary by (1) work damage by fire or
other causes during construction, (2) a significant amount of defective or neglected work of any Contractor, (3)
acceleration of the progress schedule involving services beyond normal working hours, (4) default by any
Contractor.
ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE
6.1 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER (NOT
APPLICABLE)
6.1.1 FT�9�. The OWNER shall feF design phase sef-vioes performed as BasiG Fingineering Serviees und-er
seetieR 4.1,with the exeeption of Task 6which is ifieluded under- seetion 6.3, pay a total sum in the amount-af
$ 106,854 fdbr sdeh servie-es:
6.1.2 Payment Sehedule. Total eumulative payments fbF the pFe design phase efigineering sei:vices (see
4.1) shall not exeeed the fellewing g:
o of pre design fee) until the pre design repeft has been submitted te the OWNER.
0 of design fee) until the PFeliminary Plans and Speeifiea4ions have been submitted4e
the OWNER and review authorities
O of design fee) until the Final Plans and Speeifieations have been submitted to
OWNER and uthoi:it:er
6.1.3 QetieE�1. Engineer shall subinit menthly statements f9F sen,ices rendeFed. The statements sha!4--be
based upon Engineer's estimate of the propoi4ion of the tetal serviees aetually eampleted at the time of: 5>
subjeGt to any limitations on Payments based on eempletion of tasks or- spec-ifie retainage FeElUirements PHFSuant
ttoI
the payment. ,. .. .,f tt.e n „t
C, A— Reiniba sicble expenses. Only those expenses .roeiffic-all ',i ntom f�rpay*ien4 under ,.tiefl of
thisAgFeement aF,- reimbuFsable. All othei: design related expenses are in6l d in the Lump Stim Paymeiit fef
the gasipsewiees (42) and are net separately Feimbarsable. Additional SeFviees spesifle 14- 7 ident i€>ed anderth
seepe of .designs c p e.,f un der66M w — wparately F .,-1.,.rsable
6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER.
Design, bidding, construction and project documentation services performed as Basic Engineering Services under sections
4.2, 4.3, 4.4 and 4.5 including preliminary design, & :ial design, bidding phase, and GeneFal AdministFatien of C t
g, 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 $2800 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 3.15 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.
6.2.1.2 Notification. At any time during the construction that it becomes apparent that the
Construction Phase and Project Documentation Services rendered under this Agreement will exceed the
negotiated compensation for these services, and prior to performing services in excess of the contract
ceiling, the ENGINEER shall give OWNER written notice thereof. Promptly thereafter OWNER and
ENGINEER shall review the scope and progress of the project work. ENGINEER shall obtain written
authorization from OWNER, prior to any additional costs being incurred under paragraph 6.2.1.3. If it
is determined that due to a change in project scope under paragraph 5.2.1, the ENGINEER is entitled to
additional compensation, OWNER and ENGINEER may negotiate terms as provided under 6.2.1.1.
The amount and terms of any additional compensation under 6.2.1.1 or 6.2.1.3 shall be negotiated and
agreed in writing pursuant to 9.16.
6.2.1.3 Costs Exceeding Estimated 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 shall pay only for the direct costs incurred in excess of
the estimated compensation. These costs consist of an amount equal to the ENGINEER'S Direct Labor
Cost times a factor of 2.74 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.
6.2.2. 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 $2800 which includes $ 0 for consultants employed by the Engineer and $0 for all
other reimbursable expenses. The a timatad raim6u =;Role a peRses are identified in Exhibit "E 2."
6.2.3. Failed Test Expenses. The ENGINEER shall maintain and provide to the OWNER, a record of the
costs associated with failing quality control tests performed for the OWNER during the course of the
construction of the project and recommend an amount the OWNER deduct from the contractor(s) payments.
6.2.4 The OWNER shall pay an amount for Additional Services rendered by the ENGINEER and approved
in writing by the OWNER on the basis of the ENGINEER'S Direct Labor Costs times a factor of 3.15, or an
amount otherwise negotiated at the time such services are requested and approved by the OWNER.
ARTICLE 7 - MEANING OF TERMS
7.1 AGREEMENT
As used herein the term "this Agreement" refers to the contents of this document and its Exhibits attached hereto and
referred to as if they were part of one and the same document.
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
Supervising Engineer III
Supervising Engineer II
Supervising Engineer I
Senior Engineer II
Senior Engineer I
Design Engineer II
Design Engineer I
Engineer Technician 11
Engineer Technician I
Engineer Intern
Senior Survey Manager
Land Surveyor III
Land Surveyor II
Land Surveyor I
Survey Technician III
Two Person Survey Crew
$ 57.00 /hour
$ 49.00 /hour
$ 45.00 /hour
$ 40.00 /hour
$ 37.50 /hour
$ 36.00 /hour
$ 31.50 /hour
$ 29.00 /hour
$ 28.50 /hour
$ 24.50 /hour
$ 24.00 /hour
$ 40.50 /hour
$ 30.50 /hour
$ 29.00 /hour
$ 26.00 /hour
$ 21.50 /hour
$ 48.00 /hour
Administrative Specialist II $ 17.00 /hour
Administrative Specialist I $ 15.50 /hour
* 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.
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 requesL-ed 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 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
consultants employed by ENGINEER to render Basic Services, and paid for services rendered during that phase on the
basis of the payment provisions of the Agreement. In the event of any such termination, ENGINEER will be paid for
unpaid pre- approved Additional Services and unpaid Reimbursable Expenses which are authorized under this agreement.
ARTICLE 9 - GENERAL CONSIDERATIONS
9.1 TERMINATION OF AGREEMENT
9.1.1 The sole right is hereby reserved to the OWNER to terminate this Engineering Agreement for any and
all causes or for its convenience at any time upon fifteen (15) days written notice to the ENGINEER.
9.1.2 If termination for default is effected by the OWNER, an equitable adjustment in the price provided for
in this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed
services or other work, and (2) any payment due to the ENGINEER at the time of termination may be adjusted to
cover any additional costs to the OWNER because of the ENGINEER's default. If termination for convenience
is effected by the OWNER, the equitable adjustment shall include a reasonable profit, as determined by owner,
for services or other work performed. The equitable adjustment for any termination shall provide for payment to
the ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination
settlement costs reasonably incurred by the ENGINEER relating to commitments which had become firm prior to
the termination.
9.1.3 Upon receipt of a termination action under paragraph 9.1.2, the ENGINEER shall (1) promptly
discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to
the OWNER within ten (10) days copies of all data, design drawings, specifications, reports, estimates,
10
summaries and such other information and materials as may have been accumulated by the ENGINEER in
performing this Agreement, whether completed or in process.
9.1.4 In the event this Contract is terminated prior to completion, the original copies of the ENGINEER'S
data, recommendations, plans, specifications, analysis and other related documents prepared by the ENGINEER
prior to said termination shall be delivered to and become the property of the OWNER.
9.1.5 Upon termination, the OWNER may take over the work and may award another party an Agreement to
complete the work under this Agreement.
9.1.6 OWNER'S right to terminate is in addition to any other remedies OWNER may have under the law
9.2 INSPECTION AND AUDIT
All books, papers, records, payrolls, vouchers and invoices relating to costs and expenditures incurred as to the
performance of the services by the ENGINEER hereunder shall be made available to the OWNER, or their authorized
representatives for audit and review, at the ENGINEER'S respective offices at all reasonable times during the contract
period and for three years from the date of final payment.
9.3 EMPLOYMENT
The ENGINEER warrants that he has not employed or retained any company or persons, other than a bona fide employee,
working solely for the ENGINEER, to solicit to secure this contract, and that he has not paid or agreed to pay any
company or person, other than bona fide employees working solely for the ENGINEER, any fee, commission, percentage,
brokerage fee, gifts or any other considerations contingent upon or resulting from the award or making of this Contract.
For breach or violation of this warranty, the OWNER shall have the right to annul the Contract without liability or in its
discretion to deduct from the price or consideration or otherwise recover the full amount of such fee, commission.
perpentage, brokerage fee, gift or contingent fee.
All employees of the ENGINEER or other persons while engaged in the performance of work or services required by the
ENGINEER shall be considered employees of the ENGINEER only and not of the OWNER.
9.4 NONDISCRIMINATION
The ENGINEER will 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 refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation 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 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.
The ENGINEER shall require these nondiscrimination terms of its sub - consultants providin; 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 in a manner consistent with the degree of care
and skill ordinarily 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 expense. Engineer shall also, at its own expense, make such changes, modifications or
11
additions to the project which are made necessary as a result of the initial non - performance 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 froth, 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
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 costs incurred 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 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 any damages, 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 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 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 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, 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 shall secure and maintain, until the work is
completed and accepted by the OWNER, insurance coverage naming the OWNER as additional insured with minimum
insurance coverage as follows:
Type of Coverage Limits
Employers' 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:
Bodilyllnjury covering all $1,000,000 each person
automobiles, trucks,_ $1,000,000 each occurrence
tractors, trailers, or
other automotive equip-
ment whether owned or
rented by Engineer or
owned by employees of
Engineer.
Property Damage coverinb $100,000 each occurrence
all automobiles, trucks,
tractors, trailers or other
automotive equipment whether
owned or rented by Engineer
or owned by employees of
Engineer
M
Bodily Injury & Property $1,000,000 each occurrence
Dama a Single and combined
In addition to the above insurance coverage, the ENGINEER shall secure and maintain, until the work is completed
and accepted by the OWNER, and without naming OWNER as an additional insured, professional errors and
omissions coverage as follows:
Professional Errors & 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 furnished by him.
9.10 OWNERSHIP OF DOCUMENTS
The parties admit and agree the documents produced under this agreement are not intended or represented to be suitable
for reuse by OWNER or any other individual on any other project. Any reuse without written verification or adaptation by
ENGINEER will be at OWNER's sole risk and without liability or 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
13
types that are furnished by ENGINEER to OWNER are only for convenience of owner. Any conclusion or information
obtained or derived from such electronic files will be at the user's sole risk.
9.11 PUBLIC INFORMATION
The ENGINEER shall not issue any statements, releases or information for public dissemination without prior approval of
the OWNER.
9.12 PROPRIETARY RIGHTS
If patentable discoveries or inventions should result from work required herein, all rights accruing from such discoveries
or inventions shall be joint property of the ENGINEER and the OWNER. Provided that the OWNER, state agencies or
political subdivisions and the United States Government shall have the irrevocable, nonexclusive, nontransferable and
royalty -free license to use each invention in the manufacture, use and disposition, according to law, of any article or
material, and in the use of any method that may be developed as part of the work described and contemplated herein.
9.13 RECORDS
The ENGINEER shall maintain accounting records and other evidence pertaining to the cost incurred and to make the
records available at all reasonable times during the Contract term and for one (1) year from the date of final payment.
Such accounting records and other evidence pertaining to the cost incurred will be made available for inspections by
OWNER.
9.14 SUCCESSORS IN INTEREST
The covenants, agreements and all statements in this Contract apply to and shall be binding on the heirs, personal
representatives, successors and assigns of the respective parties.
9.15 ATTORNEY'S FEES AND COSTS
That in the event it becomes necessary for either Party of this Contract to retain an attorney to enforce any of the terms or
conditions of this Contract or to give any notice required herein, then the prevailing Party or the Party giving notice shall
be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in -house counsel to include City
Attorney.
9.16 MODIFICATIONS AND AMENDMENTS
That any amendment or modification of this Contract or any provisions herein shall be made in writing or executed in the
same manner as this original document and shall after execution become a part of this Contract.
In witness Whereof, the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN, MONTANA ENGINEER
BY: `
(City Manager)
DATE: �d- I= rY�t-�' 07
41
• 7
ATTEST: '
BY . * =
°
(City le _ ` C
1c83
N: \0417\.Swim Center LTG acid Pump projeet\Contracts \City of Bozeman PSA.doc
14
(Vice - Presid�—ent)
DATE: 10-8- 12.
EXHIBIT A (REMOVED)
TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES
ENGINEER'S STATUS DURING CONSTRUCTION
A -1
EXHIBIT B (REMOVED)
TO AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES
C -2
EXHIBIT C
FEE PROPOSAL AND SCOPE OF SERVICES
C -2
MOMSON
L;i® MAIERLE, iw.
An Employee -Owned Company
October 3, 2012
Dan McCarthy
City of Bozeman
P.O. Box 1230
Bozeman, MT 59771 -1230
ENGINEERS
SCIENTISTS
SURVEYORS
PLANNERS
2880 TECHNOLOGY BLVD W • BOZEMAN, MT 59718 • 406- 587 -0721 • FAX 406- 922 -6702
Re: Proposal for Engineering Services —
City of Bozeman Swim Center Structural Assessment of North and South Walls
Dear Dan:
We understand there are concerns with movement of the north and south walls at the natatorium
area of the City's Swim Center. As requested, the following is our understanding of the scope of
services required in the structural assessment of these walls:
• Draft and submit the City's Standard Agreement for approval.
• Travel to the Swim Center and perform a visual observation of the existing north and south
wall conditions, including observation of the above ceiling areas and connections of the walls
to the roof structure.
• Take measurements to determine the vertical alignment of these walls using a plumb bob or
similar device.
• Perform calculations using current building code gravity and lateral loading to check the
structural stability and strength of the existing walls, using record drawings provided by the
City as the basis for this analysis.
• Based on the results from the above tasks, develop a report documenting the findings of the
assessment and provide a recommendation for what the next steps will need to be to
address deficiencies identified in the assessment (Note: because we do not know
specifically what issues need to be addressed prior to conducting this assessment, specific
solutions will not be provided in this report).
• Present the report results to City representatives.
For the scope of services outlined above, we have estimated a not to exceed fee of $2800. Do to
the nature of these assessments dealing with unknown conditions, we are agreeable to charge for
these services on an hourly, not to exceed basis so if the effort is less than estimated the City will
only be charged for the work performed.
Please call us directly if you have any questions or concerns with this proposal.
Sincerely,
Morrison - Maierle, Inc.
Kurt W. Keith, P. E.
Structural Engineer
"Providing resources in partnership with clients to achieve their goals"