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HomeMy WebLinkAbout14- City Cemetery with Morrison-Maierle • • 111. ,>•■ MORRISON-MAIERLE, INC. ■mak STANDARD AGREEMENT between OWNER AND ENGINEER Project Number 417 THIS IS AN AGREEMENT made as of November 29 , 20 01 between MORRISON-MAIERLE, INC. 4445 (ENGINEER) and the City of Bozeman , (OWNER). OWNER intends to evaluate the feasibility of irrigating the City cemetery through a surface or around water source (hereinafter called the Project). The Scope of Services shall include: evaluate as outlined in the attached letter dated November 28. 2001. OWNER and ENGINEER in consideration of their mutual covenants herein agree with respect to the performance of professional services by ENGINEER and the payment for those services by OWNER as set forth below: METHOD OF PAYMENT [ ] Method 1 - HOURLY RATE- Hourly rates as specified in the Special Provisions or attachments hereto, plus an amount equal to ENt.iiNtER's actual reimbursable expenses related to the project times a factor of [X] Method 2 - LUMP SUM -A lump sum fee of $ 3.845.00 [ ] Method 3 - Payment is due upon receipt of ENGINEER's statement(s). OWNER agrees to pay interest at the maximum legal rate allowed by law for payments not received within 30 days after receipt of the statement. - * * **** * * * * *** * * * * ** * * * ****** SPECIAL PROVISIONS None ***** *** * * ****** * * * * ** *** * * * IN WITNESS WHEREOF, the parties hereto have made and executed this AGREEMENT as of the day and year first . above written. OWNER ENGINEER City of Bozeman Morrison-Maierle. Inc. By: _ =_- By: John R. Schunke Title: Clark V. Johnson. City Manaaer Title: Vice-President Address for giving notices: Address for giving notices: PO Box 1230 901 Technoloav Blvd. Bozeman. MT 59771 Bozeman, MT 59718 The"General Provisions of Standard Agreement" on the attached pages to this form are a part of this AGREEMENT. GENERAL PROVISIONS OF STANDARD AGREEMENT SECTION 1 -BASIC SERVICES OF ENGINEER Standard.Rev2.doc Page 1 of 4 Revised 1/01 ' LE MORRISON-MAIERLE, INC. ll • 1.1 ENGINEER shall perform professional services as set forth in the Scope of Services as described on page one of this AGREEMENT, or as further described in Attachments hereto. 1.2 Execution of this AGREEMENT by the OWNER constitutes written authorization for the ENGINEER to proceed. 1.3 ENGINEER shall serve as the OWNER'S prime design professional and engineering representative for the Project and perform professional services as set forth in the AGREEMENT. 1.4 ENGINEER shall advise OWNER as to the necessity of the OWNER providing or obtaining from others data or services required for the Project which are not part of the ENGINEER'S Scope of Services. 1.5 If the project requires the ENGINEER'S services during the construction phase of the project,the scope of services shall be as set forth on page one or as described on attachments hereto. ENGINEER'S efforts will be directed toward providing a greater degree of confidence for OWNER that the completed work of the CONTRACTOR will conform to the Contract Documents,but ENGINEER shall not be responsible for CONTRACTOR's construction means,methods,sequence,techniques or procedures necessary for performing the work, nor shall ENGINEER be responsible for the failure of CONTRACTOR to perform the construction in accordance with the Contract Documents. The presence of the ENGINEER at the construction site also shall not relieve the CONTRACTOR of its jobsite safety obligations. ENGINEER shall not be responsible for the acts or omissions of any CONTRACTOR or Subcontractor or any other persons at the site or otherwise performing any of the CONTRACTOR'S work. However,nothing contained herein shall be construed to release ENGINEER from his responsibilities to properly perform duties undertaken by him as a part of this AGREEMENT. 1.6 The standard of care for all professional engineering and related services performed or furnished by ENGINEER under this AGREEMENT will be the care and skill ordinarily used by members of ENGINEER'S profession practicing under similar conditions at the same time and in the same locality. ENGINEER makes no warranties, express or implied, under this AGREEMENT or otherwise, in connection with ENGINEER's services. The ENGINEER will be notified of any errors or omissions and will assist in determining corrective action. 1.7 The OWNER,without invalidating this AGREEMENT,may request a change in the scope of services and ENGINEER shall issue to OWNER a proposal setting forth an adjustment to the fee for services representing the value of the requested change. SECTION 2 -OWNER'S RESPONSIBILITIES 2.1 OWNER shall provide all previous documents relating to the Project,all criteria and full information as to OWNER's requirements for the Project and shall designate a person with the authority to act on OWNER's behalf on all aspects of the Project. OWNER shall give prompt written notice to ENGINEER whenever he observes or otherwise becomes aware of any defect in the work. 2.2 OWNER shall also be responsible for the following and pay all costs incident thereto: (1) Provide such legal,accounting and other counseling services as may be required for the project. (2) Furnish approvals and permits from all governmental authorities having jurisdiction over the Project. (3) Pay all costs incident to obtaining bids or proposals from CONTRACTOR(s). (4) Pay all permit, review and filing fees required by governmental agencies. SECTION 3-PAYMENT TO ENGINEER 3.1 The ENGINEER will submit monthly statements requesting payment which shall be based on the amount of services provided and expenses incurred by ENGINEER during the billing period. Payment is due ENGINEER upon receipt of statement by OWNER. 3.2 If OWNER fails to make any payment due ENGINEER for services and expenses within thirty(30)days after receipt of ENGINEER's statement therefore, the amounts due ENGINEER shall include an additional charge at the maximum legal rate allowed by law plus reasonable attorney fees,court costs and actual expenses incurred in connection with collection of any past due amount. ENGINEER may suspend performance of services upon five(5)calendar days notice to the OWNER for failure of payments when due or any other breach of this AGREEMENT. 3.3 The type of fee will be specified on page one of this AGREEMENT and shall conform to one of the following methods of payment: Method 1 - HOURLY RATES. OWNER shall pay ENGINEER at the hourly rates specified on page one of this AGREEMENT or in attachments hereto,for all services rendered by principals,engineers and employees engaged on the project, plus an amount equal to ENGINEER's actual reimbursable costs related to the project times a factor to be specified on page one of this AGREEMENT. Method 2-LUMP SUM. OWNER shall pay ENGINEER a lump sum fee for all services furnished by principals,engineers and employees engaged on this project as necessary to complete the basic services described herein. Statements will be submitted based on Standard.Rev2.doc Page 2 of 4 Revised 1/01 . I;. MORRISON-MAIERLE, INC. ENGINEER's estimate of work completed during each billing period. 11 Method 3-OTHER METHOD. A method to be agreed upon by OWNER and ENGINEER and which shall be specified on page one or in attachments to this AGREEMENT. 3.4 Reimbursable expenses mean the actual expenses incurred by ENGINEER or ENGINEER's associates or consultants in connection with the Project such as expenses for: transportation, subsistence, telephone calls, postage, reproduction of documents, computer charges, equipment charges and similar project-related items. SECTION 4-MISCELLANEOUS • 4.1 Reuse of Documents. All documents including reports,drawings,specifications and other deliverables,whether in printed or electronic media format, prepared or furnished by ENGINEER pursuant to this AGREEMENT are instruments of service in respect of the _ Project and ENGINEER shall retain an ownership and property interest therein whether or not the Project is completed. OWNER may make and retain copies for information and reference in connection with the use and occupancy of the project by OWNER and others;however, such documents are not intended or represented to be suitable for reuse by OWNER or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER's independent professional associates or consultants. OWNER shall indemnify and hold harmless ENGINEER and ENGINEER's independent professional associates and consultants from all claims, damages,losses and expenses including attorneys'fees arising out of or resulting therefrom. Files in electronic media format of text,data, graphics, or of other 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. 4.2 Opinions of Cost. Since ENGINEER has no control over the cost of labor,materials,equipment or services furnished by others,or _ over the CONTRACTOR(s) methods of determining prices, or over competitive bidding or market conditions, his opinions of probable Project Cost and Construction Cost provided for herein are to be made on the basis of his experience and qualifications and represent his best judgment as an experienced and qualified professional ENGINEER familiar with the construction industry. ENGINEER cannot and does not guarantee that proposals,bids or actual Project or Construction Costs will not vary from opinions of probable cost prepared by him. 4.3 Limitation of Liability. In recognition of the relative risks, rewards and benefits of the Project to both the OWNER and the ENGINEER,the risks have been allocated such that the OWNER agrees that ENGINEER's total liability to OWNER for any and all injuries, claims, losses, expenses or damages whatsoever arising out of or in any way related to the Project or this AGREEMENT from any cause or causes, shall not exceed an amount equal to the ENGINEER's total compensation under this AGREEMENT or the total amount of $ 25,000.00 , whichever is greater. 4.4 Conditions Beyond the Control of the Engineer. The OWNER recognizes that in the course of completing the services under this AGREEMENT, the ENGINEER may encounter conditions which are beyond the control of the ENGINEER and thus creating potential for claims and additional costs to the ENGINEER which are not covered in fees earned for services provided. This category includes,but is not limited to the following: •Professional services relating to the disposal of hazardous wastes,or the encountering of hazardous wastes during the performance of design and construction of the project. •Unknown underground utilities or other man-made underground objects not properly located. • Unavoidable contamination of subsurface areas,aquifers,etc.or the disturbance of natural underground resources during the design and construction of the project. • Changed codes or standards during the course of the work. • Information provided by others which is not accurate or complete. •Conditions that may arise and differ significantly from those existing at the beginning of the project. Should any such condition occur during the performance of this contract,judged to be beyond the control of the ENGINEER,the OWNER shall waive any claim against the ENGINEER and agrees to defend,indemnify and hold the ENGINEER harmless from any claim or liability for injury of loss allegedly arising from the ENGINEER'S encountering of said conditions. The OWNER agrees to compensate the ENGINEER for any time spent and expenses incurred by the ENGINEER in defense of any such claim with such compensation based upon the ENGINEER'S prevailing fee schedule and expense reimbursement policy. 4.5 Dispute Resolution. In the event that a dispute should arise relating to the performance of the services to be provided under this AGREEMENT,the OWNER and ENGINEER agree that they shall first submit the matter to mediation by a mutually agreed upon mediator. OWNER and ENGINEER further agree to include a similar mediation agreement with all contractors, subcontractors, subconsultants, suppliers and fabricators,thereby providing for mediation as the primary method for dispute resolution between all parties. The Mediator's fee shall be shared equally by the parties. If the dispute is not resolved by mediation,the matter may then be considered by other methods of dispute resolution. If resulting in litigation,it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim,including staff time,court costs, attorney's fees and other claim-related expenses. 4.6 Allocation of Risks-Indemnification. ENGINEER agrees, to the fullest extent permitted by law,to indemnify and hold harmless Standard.Rev2.doc Page 3 of 4 Revised 1/01 Ell i MORRISON-MAIERLE, INC. • OWNER,from and against any and all costs,losses and damages caused solely by the negligent acts,errors or omissions of ENGINEER in the performance of professional services under this AGREEMENT. OWNER agrees,to the fullest extent permitted by law,to indemnify and hold harmless ENGINEER,its officers,employees and consultants from and against any and all costs,losses and damages(including but not limited to all fees and charges of engineers,attorneys and other professionals and all court or dispute resolution costs)caused solely by the negligent acts,errors or omissions of OWNER and its officers and employees, agents,contractors and consultants with respect to this AGREEMENT. 4.7 Limitation of Cost. If ENGINEER has reason to believe that the total cost of services to the OWNER for work under this AGREEMENT shall exceed the budgeted amount, ENGINEER shall inform OWNER in writing of such and submit a revised estimated project cost for approval. OWNER shall not be obligated to reimburse ENGINEER for costs incurred in excess of the estimated cost set forth in this AGREEMENT and ENGINEER shall not be obligated to continue performance under the AGREEMENT or to incur costs in excess of the estimated cost set forth in this AGREEMENT unless and until OWNER has notified ENGINEER in writing that the amount has been amended and shall have specified in such notice a revised estimated cost which shall thereupon constitute the estimated cost of services under this AGREEMENT. 4.8 Controlling Law. This AGREEMENT is to be governed by the law of the principal place of business of the ENGINEER. 4.9 Certifications. The ENGINEER shall not be required to execute any document that would result in its certifying, guaranteeing or warranting the existence of conditions whose existence the ENGINEER cannot ascertain. 4.10 Termination. The obligation to provide further services under this AGREEMENT may be terminated by either party upon seven days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. In the event of any termination,ENGINEER will be paid for all services rendered and all reimbursable and termination expenses to the date of termination. 4.11 Successors and Assigns. OWNER and ENGINEER each binds himself and his partners,successors,executors, administrators, assigns, and legal representatives to the other party of this AGREEMENT and to the partners, successors, executors, administrators, assigns and legal representatives of such other party, in respect to all covenants, agreements and obligations of this AGREEMENT. Nothing herein shall be construed to give any rights or benefits hereunder to anyone other than OWNER and ENGINEER. 4.12 Notice of the Right to Claim a Lien. In accordance with the terms of this contract,the ENGINEER will provide labor and materials for the improvement of the OWNER's property or property for which the OWNER acts as agent. The terms of this contract also provide for specific payment terms to the ENGINEER for services rendered. Should the OWNER not comply with these payment terms,the OWNER's property or the agent-represented property may be subject to a lien against said property for all services and materials furnished for the project. The right to claim a lien is in compliance with the lien laws of the State under jurisdiction. 4.13 No Hire. ENGINEER and OWNER agree that,without prior consent for the other party, neither will offer employment to or discuss employment with any of the other parties associates or employees until one year after this AGREEMENT is terminated. 4.14 Betterment. If ENGINEER mistakenly leaves out of the Construction Documents any component or item required for the Project, ENGINEER shall not be responsible for the cost or expense of constructing or adding the component or item to the extent such item or component would have been required and included in the original construction documents. In no event will the ENGINEER be responsible for any cost or expense that provides betterment, upgrades or enhances the value of the Project. Standard.Rev2.doc Page 4 of 4 Revised 11W i MORRISON ENGINEERS SCIENTISTS SURVEYORS - 1VIAIERLEINc. PLANNES 901 TECHNOLOGY BLVD• P 0.BOX 1113 • BOZEMAN,MT 59771 •406-587-0721 • FAX 406-587-117R 6-587-11R 6 An EmployeeOwned Coin pani' November 28, 2001 James Goehrung �G � L . City of Bozeman P.O.Box 1230 ° N f V 3 0 2001 Bozeman, Mt. 59771 Dear Mr. Goehrung: "``' tr. Thank you for your consideration of Morrison-Maierle Inc. to investigate possible solutions to the irrigation dilemma at Sunset Hills Cemetery. Investigation of possible sources of water for irrigation can be done through the winter months as you have requested. Research of water rights has not been included in this proposal due to the phone conversation on November 28, 2001 where we discussed the use of Cindy Younkin for water rights research. Reliability of Mill Creek as a source of water for irrigation and where the points of diversion are located will become extremely important to know as the project continues. The scope of work for an assessment of sources for irrigation water follows below with a cost estimate broken down by task enclosed at the end of the letter. Scope of Work: 1. Research prior Geologic and Hydrologic work, and evaluate existing wells to determine approximate drilling depths, possible well yields and well construction details. 2. Evaluate present and future water demand needed for irrigation of the Sunset Hills cemetery. 3. Investigate existing and future irrigation systems, including type of diversion and power requirements needed. 4. Cost assessment of irrigation system options. 5. Recommendation of course of action to proceed. • We propose to complete the work on a lump sum basis for a total fee of $3,845. Enclosed are two copies of our standard contract if you find our proposal acceptable, please sign and return one copy. Thank you for the opportunity to provide this proposal for your project. We look forward to a continuing relationship with you as your project moves forward. "Providing resources in partnership with clients to achieve their goals" MORRISON MAIERLE.Inc. If you have any questions about our proposal please feel free to contact us at 587-0721. Sincerely, MORRISON-MAIERLE, INC. 'at Eller .aures R. Nickelson, P.E Staff Geologist Project Manager cc: Phillip J. Forbes, P.E. MORRISON MAIERLE,INC. Scope of Work Personnel Hours Rate Total Cost 1. Hydrogeologic investigation of previous work Staff Geologist 16 $50 $800 -- Evaluation of Existing wells Chief Geologist 4 $95 $380 -- Evaluation of Existing Geologic Information -- Develop small geological cross-section 2. Investigation of Irrigation System Staff Geologist 12 $50 $600 -- Evaluate existing Irrigation System Project Manager 2 $75 $150 -- Evaluate type of Diversion Works needed 3. Cost Assessment of Irrigation Options Staff Engineer 16 $50 $800 4. Secretarial Time 4 $30 $120 5. Final Report and Recommendations Staff Geologist 12 $50 $600 Chief Geologist 1 $95 $95 Project Manager 2 $75 $150 6. Miscellaneous Expenses $150 Total Cost $3,845