HomeMy WebLinkAbout15- Sunset Hills Cemetery and Lindley Park Irrigation Project PROFESSIONAL SERVICES AGREEMENT
SUNSET HILLS CEMETERY AND LINDLEY PARK IRRIGATION PROJECT
THIS IS AN AGREEMENT made as of 44.. D , beriveen THE CITY OF BOZEMAN, a •
Municipal Corporation,Bozeman,Montana,59715(OWNER and Morrison Maierle, Inc., P.O. Box 1113
Bozeman,Montana 59771,(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
services for the project.
Whereas the ENGINEER represents that it is willing and qualified to perform the professional engineering 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(SCOPE OF WORK), , EXHIBIT B
(ENGINEERING FEE ESTIMATE)are hereby incorporated in and made part of this Agreement.
ARTICLE I -ENGINEERING SERVICES
1.1. The detailed description of the specific project components is described as follows:
Preliminary Engineering Report for the Sunset Hills Cemetery and Lindley Park Irrigation Project and 1�
associated work items.
1.2. The scope of services under this contract is set forth in this agreement and the attached EXHIBITS.
ARTICLI;2-ENGINEER'S RESPONSIBILITIES
2.1. ENGINEER shall perform for OWNER professional engineering services in all phases of the Project to which
this Agreement applies as hereinafter provided. These services will include, but not be limited to, serving as OWNER's
professional engineering representative for the Project, providing professional engineering consultation and advice and
furnishing customary civil and structural engineering services incidental thereto.
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 Jack Schunke,P.E.
2.6. The ENGINEER shall name a Project Manager who shall be the liaison between the ENGINEER and the
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OWNER. The Project Manager shall be James Nickelson,y.E. .The OWNER may
name a Task Director who would be the liaison between the ENGINEER and the OWNER during the design segment of
the Project.
2.7. The ENGINEER shall submit an estimated progress schedule at the beginning of the work,and monthly progress
reports thereafter until the project is completed.
ARTICLE 3 -OWNER'S RESPONSIBILITIES
3.1 The OWNER shall name a Task Director who shall be the liaison between the ENGINEER and the OWNER
during DESIGN segment of the Project. The Task Director designated shall be Lain Leoniak.
3.2 The OWNER shall have the right of review and examination of the ENGINEER'S work at all times.
3.3 The OWNER shall make available all records(record drawings,construction records,etc.)indicating the existing
configuration of the city utilities.
3.4 The OWNER will be responsible for Advertising Bid Openings.
3.5 The OWNER shall attend the pre-bid conferences, bid openings, pre-construction conferences, construction
progress and other job related meetings,substantial completion inspections and final payment inspections.
ARTICLE 4-BASIC ENGINEERING SERVICES
The ENGINEER shall render professional Engineering Services as follows:
• 4.1 PRE-DESIGN INVESTIGATION PHASE
After written authorization to proceed,ENGINEER shall:
4.1.1 Consult with OWNER to clarify and define OWNER's requirements for the Project and review
available data.
4.1.2 Advise OWNER as to the necessity of OWNER's providing or obtaining from others, data or services
and assist OWNER in obtaining such data or services.
4.1.3 Identify and analyze requirements of governmental authorities having jurisdiction to approve the design
of the Project and participate in consultations with such authorities.
4.1.4. Provide analyses of OWNER's needs, planning surveys, site evaluations and comparative studies of
prospective sites and solutions.
4.1.5. Provide a general economic analysis of OWNER's requirements applicable to various alternatives.
4.1.6. Prepare a Report containing schematic layouts, sketches and conceptual design criteria with
appropriate exhibits to indicate clearly the considerations involved (including applicable requirements of
governmental authorities having jurisdiction as aforesaid) and the alternative solutions available to
OWNER and setting forth ENGINEER's findings and recommendations. This Report will be accompanied
by ENGINEER's opinion of probable costs for the Project,including the following which will be separately
itemized: Construction Cost, allowance for engineering costs and contingencies, and (on the basis of
information furnished by OWNER) allowances for such other items as charges of all other professionals
and consultants, for the cost of land and rights-of-way, for compensation for or damages to properties, for
interest and financing charges and for other services to be provided by others for Owner. The total of all
such costs,allowance,etc. are hereinafter called"Total Project Costs".
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4.1.7. Furnish 3 copies and an electronic copy of the Study and Report documents and review them in
person with OWNER.
The Pre-design Investigation Phase will be completed and submitted within 60 calendar days following written
authorization from OWNER to ENGINEER to proceed with that phase of services.
ARTICLE 5-ADDITIONAL SERVICES
5.1, If OWNER wishes ENGINEER to perfortn 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.
5.1.7. Furnishing the services of independent professional associates or consultants for other than Basic
Services.
5.2. When required by the Contract Documents in circumstances beyond ENGINEER's control, ENGINEER shall i
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)
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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
6.1.1 Payment. The OWNER shall for design phase services performed as Basic Engineering Services under
section 4.1 (Tasks 1,2 and 5)of this agreement pay a total sum in the amount of $33,767.00 for such
services.
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6.1.2 Payment Schedule. Total cumulative payments for the design phase engineering services(section 4.1 —
Tasks 1,2 and 5)shall not exceed the following ceilings:
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$ 33,767.00 (100%of design fee)until the Pre-design Investigation has been submitted to
the OWNER.
6.1.3 General. Engineer shall submit monthly statements for services rendered. The statements shall be
based upon Engineer's estimate of the proportion of the total services actually completed at the time of billing,
subject to any limitations on Payments based on completion of tasks or specific retainage requirements pursuant
to the payment provisions of the Agreement.
6.1.4 Reimbursable Expenses. Only those expenses specifically identified for payment under section 6.2 of
this Agreement are reimbursable. All other design related expenses are included in the Lump Sum Payment for
the Basic services(4.1)and are not separately reimbursable. Additional Services specifically identified under the
scope of design services for payment under 6.1 are not separately reimbursable.
6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER.
6.2.1 The OWNER shall pay for design phase services performed under section 4.1 (Tasks 3, 4 and 6) an 1
amount not to exceed $14,625.00 except as provided under 6.2.1.2 and 6.2.3. •
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6.2.1.1 Costs Compensation. Compensation for these services shall be based on the ENGINEER's
Direct Labor Cost times a factor of 3.15 for services rendered which shall cover Direct Labor,
Direct Labor Overhead,General&Administrative Overhead and Profit.
6.2.1.2 Notification. At any time during the project that it becomes apparent that the Services
rendered under this Agreement will exceed the negotiated compensation for these services,and prior to
performing services in excess of the contract ceiling,the ENGINEER shall give OWNER written notice
thereof. Promptly thereafter OWNER and ENGINEER shall review the scope and progress of the
project work. ENGINEER shall obtain written authorization from OWNER, prior to any additional
costs being incurred. If it is determined that due to a change in project scope under paragraph 5.2.1,the
ENGINEER is entitled to additional compensation, OWNER and ENGINEER may negotiate terms as
provided under 6.2.1.1. The amount and terms of any additional compensation under 6.2.1.1 shall be
negotiated and agreed in writing pursuant to 9.16.
6.2.2. Reimbursable Expenses, as defined in section 7.4 of this Agreement, for Basic Services and Approved
Additional Services shall be paid to the ENGINEER by the OWNER in the actual amount of the costs incurred
up to an amount not to exceed$ 624.00 which includes$ 0.00 for consultants employed
by the Engineer and$ 624.00 for all other reimbursable expenses. The estimated reimbursable
expenses are identified in Exhibit"D".
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6.2.3 The OWNER shall pay an amount for Additional Services rendered by the ENGINEER and approved
in writing by the OWNER on the basis of the ENGINEER'S Direct Labor Costs times a factor of 3.15 ,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 $ 60.00 /hour
Supervising Engineer $ 57.00 /hour
Senior Engineer • $ 44.00 /hour
Geologist $ 45.00 /hour
Environmental Scientist $ 34.00 /hour
CADD Drafter $ 29.00 /hour
Land Surveyor $ 39.00 /hour
Two Person Survey Crew $ 60.00 /hour
Clerical $ 22.00 /hour
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
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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 requested by OWNER services for distinct project segments shall be accounted and
billed separately.
8.3 PAYMENT UNDER TERMINATION. In the event of termination by the OWNER upon the completion of any
phase 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.I.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, j
summaries and such other information and materials as may have been accumulated by the ENGINEER in
performing this Agreement,whether completed or in process.
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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. •
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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. 1
For breach or violation of this warranty, the OWNER shall have the right to annul the Contract without liability or in its i
discretion to deduct from the price or consideration or otherwise recover the full amount of such fee, commission,
percentage,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, l
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 providing services under this il
agreement.
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9.5 SUBLETTING OR ASSIGNING OF WORK
The ENGINEER shall not sublet or assign anyof the work covered herein without written approval of the OWNER.
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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
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 from,or in connection with the ENGINEER'S negligent performance of the work specified in
this agreement.
9.7.3. The ENGINEER agrees to defend, indemnify and hold harmless the OWNER, its officers, directors,
agents and employees, should OWNER,its officers, directors, agents or employees be named as a defendant in
any action where the OWNER'S alleged liability arises from the negligent performance of the ENGINEER'S
work herein described. The obligations of the ENGINEER to defend,indemnify and hold harmless the OWNER
will apply to any suit,cause of action,claim,cost or obligation including,without limitation,those alleged under
the common law or pursuant to a federal or state statute or regulation including those arising in tort, trespass,
nuisance,and strict liability.
9.7.4 In the event the OWNER is found proportionately responsible for any damages ultimately awarded to a
plaintiff or plaintiffs in any lawsuit, the ENGINEER will be responsible for only those damages, costs, or
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 perforin 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
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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
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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. •
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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:
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Type of Coverage Limits
Employers'Liability: $ 100,000.per accident
General Liability:
Bodily Injury&Property Damage
Single and combined $ 1,000,000.per accident
General Aggregate: $2,000,000.
Excess Liability Coverage(umbrella) $1,000,000.each occurrence
Automobile:
Bodily Injury covering all $ 1,000,000 each person
automobiles,trucks,
tractors,trailers,or $ 1,000,000 each occurrence
other automotive equip-
ment whether owned or
rented by Engineer or
owned by employees of
Engineer.
Property Damage covering $ 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
OR
Bodily Injury&Property $1,000,000 each occurrence
Damage 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.
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9.10 OWNERSHIP OF DOCUMENTS
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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
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 i
representatives,successors and assigns of the respective parties.
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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: .ti
(City Manager) e%:==:(President)
DATE:
"°"" '" DATE:
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Al"TEST: �Y4y ,t•
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BY.
(f ity S lerk) • - "r1'' <'
.M1 Iii; C0•
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EXHIBIT A
Sunset Hills Cemetery and Lindley Park Irrigation Project
Preliminary Engineering Report
Scope of Work
Task 1 — Design Alternatives
1A. Evaluate existing conditions including the diversion structure, Story Ditch, and the
cemetery and park irrigation systems. Gather available data including property
ownership, easements and floodplain information. Preliminary survey work to gather
adequate cross section, topographic and boundary data for pre-design activities.
1B. Develop alternatives for the Sourdough Creek diversion. Alternative types of diversion
structures will be developed in addition to evaluating alternate locations for the structure.
Perform preliminary hydraulic calculations on alternatives.
1C. Evaluate improvements for Story Ditch for conveyance improvement and long term
maintenance. Determine ditch capacity compared to needed capacity.
1 D. Determine irrigation requirements for the 86 acre right. Provide recommendations for
near term and long term irrigation system pumping capacity. Capacity recommendations
will be based on existing configuration of irrigation system and probable
reconfigurations.
1E. Develop alternatives for an irrigation pump station including location, type, configuration,
and treatment requirements.
1F. Develop alternatives of the irrigation mainline system including incorporation of the
existing system elements as appropriate.
1G. Evaluate the existing irrigation system relative to modifying it for use of the new non-
potable source. Develop alternatives for modifying the existing system and for
expanding the irrigation system.
1H. Evaluate project permitting requirements and identify associated project implications.
11. Gather input from agencies including the Montana Department of Fish, Wildlife and
Parks, the Army Corp of Engineers, US Fish and Wildlife Service, and the city of
Bozeman Floodplain Administrator.
1J. Conduct workshop with city staff to discuss the diversion structure, ditch related issues
and alternatives for the pump station.
1 K. Based on the various project components, develop overall project alternatives to
advance to the cost/benefit analysis phase of the project.
Deliverables
• Technical memorandums will be developed for the individual task items (or a
combination of task items as appropriate) in draft form for city review and finalized based
on comments.
City Involvement
• Provide available cemetery and park irrigation plans in PDF format.
• Provide base mapping in GIS format.
• Provide historical water use data for the cemetery and park irrigation system.
• Provide well pump data for the irrigation well.
• Available flow data generated based on MOU between the city and the GLWQD.
• Meet with consultant team to provide field tour of the existing irrigation system.
• Participate in meeting to discuss the irrigation distribution and applications aspects of the
project.
• Participate in workshop to discuss diversion, ditch and pump station alternatives.
• Review and provide feedback on draft technical memorandums.
Task 2 —Cost Benefit Analysis
2A. Develop project cost estimates for the overall project alternatives. Develop life cycle
operation and maintenance costs for the alternatives. It is anticipated that a maximum of
four alternatives will be included in the cost benefit analysis including the no action
alternative.
2B. Develop rating criteria for non-financial advantages and disadvantages of the
alternatives and evaluate the alternatives in a matrix type format.
Deliverables
• Technical memorandum summarizing task.
City Involvement
• Provide input on non-financial rating matrix and financial data for life cycle costing.
Task 3—Water Rights Analysis —Sourdough Creek
3A. Review available files from DNRC and the Montana Water Court as they relate to Water
Right Number 411-1-099632-00. Analyze right with respect to priority and stipulations
associated with the right.
3B. Based on available information (known to be limited), estimate water availability at
Sourdough Creek for diverting to Story Ditch.
3C. Review the place of use of the right and opportunities for modifying the place of use
considering the stipulations associated with the right. Review rights associated with the
stipultations.
3D. Evaluate the implications of the potential relocation of the existing diversion structure.
3E. Meet with DNRC Field Office personnel and Montana Water Court personnel to discuss
the project and the right.
3F. Develop summary memorandum regarding the water right and its implication on the
project alternatives.
1f
Deliverables
• Technical memorandum summarizing task.
City Involvement
• Participate in meeting(s) to discuss water right and project implications.
• Provide city's contracted water right attorney services for input and guidance as needed.
Task 4—Water Rights Analysis— Lindley Park Groundwater Right
4A. Review available files from DNRC as they relate to Water Right Number 41H-79758-00.
4B. Review historic use of water right.
4C. Explore opportunities for changing the place of use of the right and evaluating the
potential implications that a change would have on the Sourdough Creek right.
Informally discuss the project with DNRC personnel as appropriate.
4D. Develop summary memorandum regarding the water right and its implication on the f
project alternatives. Memorandum to include description of potential configuration to
pipe the water to the Haggerty Softball Fields and a project cost opinion.
Deliverables
• Technical memorandum summarizing task.
City Involvement
• Participate in meeting(s) to discuss water right and project implications.
• Provide city's contracted water right attorney services for input and guidance as needed.
Task 5— Preliminary Engineering Report .E
5A. Prepare preliminary engineering report summarizing and documenting the alternatives
developed in Task1, the cost/benefit analysis in Task 2 and, as appropriate, the findings
of Tasks 3 and 4. The report will be prepared utilizing the guidelines of the Department
of Natural Resource Conservation Renewable Resource Grant program for the
"Technical Presentation" portion of the grant application.
Deliverables
• Draft and final PER.
City Involvement
• Review and provide feedback on draft PER.
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•
Task 6 —Grant Application Support
This task is to be completed on an as requested basis which will depend on which grant
programs are targeted, city staff availability and other factors. The list of subtasks below is
intended to provide general work items that the city may need assistance on.
6A. Provide guidance and support as to which grant programs would be highly applicable to
the project.
6B. Assist with financial planning.
6C. Prepare or assist with environmental evaluations.
6D. Assist in public meetings.
6E. Provide general support on grant applications.
Deliverables
• As requested.
Attached HydroSystems-KDI, Inc. letter and scope of services are included as part of this
exhibit.
•
HydroSystems+K®I, Inc. •
860 Tabor Street,Suite 200 �
Lakewood,Colorado 80401
October 10,2015
Mr. James Nickelson
Morrison Maierle,Inc.
2880 Technology Blvd. W
Bozeman,MT 59771
Re: Irrigation System Evaluation Services
Sunset Hills Cemetery
Dear James,
On behalf of l-JydroSystems•KDI, I am pleased to submit the attached proposal to provide irrigation system
evaluation and design services for Bozeman cemetery project. We appreciate this opportunity to provide you
with this work scope that I feel addresses the project needs based on our conversations and my review of the
RFP and your outline.
We have assumed that approximately 47 acres of irrigated areas (plus all future area consideration —
approximately 39 acres),which includes potable water source and an existing well pump suppling water to the
site currently. Please let me know if that is not correct and I will revisit our proposal fees. Our proposal is
broken down as follows: 1) Site visit and meetings with current maintenance staff. To evaluation existing
irrigation system and deliver report of current system and future recommendations. 2) Future ilTigation system
alternatives and recommendations, deliver a report and cost analysis. 3) Water source and Pump station
evaluations,deliver report and recommendations with cost analysis.
I have not included construction period services as part of this proposal.If you need these services for
this project,they can be added to our scope of work as required.
Please review the attached proposal and let me know if you feel it needs any modifications. .
Again,thank you for this opportunity to provide you with this proposal and if I can be of any additional service
please don't hesitate to contact me.
Sincerely,
t(3,4„,)
44/443
Ken DiPaolo
President
KJD:kjd:attachments
CI 010 Sunset Hills Cemetery
Irrigation Consulting—Water Management
Phone:(303)980-5327•Fax:(303)980-5384 ,
Sunset Hills cemetery
Bozeman,Montana
Proposed Scope of Services
System Evaluation Services
It is our understanding that this task includes the review of available irrigation plans and other available information
regarding the irrigation system,a field review of the irrigation system and an evaluation of the existing system as it
relates to the future proposed improvements.This type of analysis will make it possible for us to classify equipment
type and conditions and identify system malfunctions,design problems,operating pressure, leakage,and other
characteristics which reduce the system efficiency.
Proposed Services:
Meetings-HydroSystems•KDI shall meet with Morrison Maierle and Sunset Hills staff,as required,to
properly coordinate all aspects of the existing irrigation system and pump station(2 visits max.).
Irrigation System Hydraulic Evaluation-HydroSystems•KDI will perform a complete irrigation system
analysis,to determine the current systems water flow and operations.We would take pressure readings and
do a hydraulic analysis of the system based on what we can see in the field,to make sure the systems will
continue to work with the existing pump and tap.
•
Irrigation Evaluation/Analysis Documents-HydroSystems•KDI will prepare reports,charts and exhibits
for the project(approximately 47 acres of irrigated landscaped area). Final reports will be submitted to
you for review and comment.Final directions will be implemented from your submittal comments.
• System Evaluation and Analysis-We will meet with current maintenance staff to review
existing conditions and understand current operations and watering schedules. We will
perform a complete irrigation system analysis,to determine the existing system conditions,
for all areas. We would take pressure readings and do a hydraulic analysis of the system
based on what we can see in the field,and look at existing sprinkler heads and their spacing's
to determine coverage efficiencies.A report will be delivered indicating current state of
irrigation system •
• Deliverables: Technical memorandum,with pictures and exhibits that summarizes the
existing irrigation system and lists the condition of the various components of the system.
Recommendations regarding the future use of system components will be provided.
Final Evaluation Products:
Site meetings(2 max.)
Irrigation Evaluation/Analysis documents
Recommendations Documents
Construction estimates
IE
Sunset Hills Ceiitetety
Bozeman,Montana
Proposed Scope of Services
Irrigation System Alternates and Recommendations
It is our understanding that there is one potable irrigation tap and one existing well pump that delivers water to the
irrigation system. As part of the scope HydroSystems•KDI will review evaluate alternative water supply sources,
using Story Ditch water rights and new pumping station option that would replace current water supplies.
HydroSystems•KDI will also review the existing tap/pump and well assemblies and recommend solutions to
improving the existing irrigation pumping system to improve watering efficiencies and power cost,should the new
water source option not be implemented. HydroSystems•KDI will work with current maintenance staff and pump
manufactures to determine repair and/or replacement and cost of current pumping equipment.From these findings
you will be able to determine if maintaining current pump stations with any repairs or updates are affordable and
practical versus new pump station installs.In addition to the pumping system,we will include recommendations
regarding general design parameters for the future irrigation system distribution and application,irrigation system
components recommendations and will include phasing alternatives.
Proposed Services:
Meetings-HydroSystems•KDI shall meet with Morrison Maierle and Sunset Hills staff,as required,to
properly coordinate all aspects for future irrigation system alternates and recommendations.
Site Water Analysis-The main hydraulic component in irrigation system design is the identification of the
water requirements to irrigate the site. Based on the proposed landscape improvements,HydroSystems
•KDI will determine the irrigation water needs on a seasonal and peak season flow basis utilizing historical
weather data for the Bozeman area.This information will be utilized to determine the site water
requirements for pump/tap sizes.
it
Irrigation System Alternatives and Reommendations-HydroSystemssKDI will prepare report and exhibits
for the project(approximately 47 total acres of irrigated landscape improvements,plus all future area
consideration—approximately 39 acres). Report will be prepared with consideration for topography,
exposure,landscape types,activity scheduling and maintenance practices for the site.This will include
recommendations regarding general design parameters for the future irrigation system distribution and
application,irrigation system components recommendations and will include phasing alternatives.
Technical memorandum summarizing recommendations and phasing alternatives.
Water Consumption Analysis for the last three years of irrigation. Water usage in inches per square foot
for all irrigated areas will be determined and the highest usage areas identified.Actual water use will be
compared with plant water requirements and the results will be included in the report.
Construction Estimate-HydroSystems•KDI will prepare a detailed irrigation system estimate to be
utilized in evaluating the final budgets and phasing and estimated payback period for water and 1
maintenance savings.Estimate will be prepared utilizing historical contractor pricing from historical
contractor pricing for projects of this scale.From these estimate cost,we will work with you to determine
your construction budgets and phasing of the project
Final Report Products:
Site meeting(1)
Site water analysis
Irrigation System Recommendation documents
zC�
Sunset Hills Cemetery
Bozeman,Montana
•
Proposed Scope of Services
Irrigation System Alternates and Recommendations
Proposed Services(cont.):
Final Report Products(cont.):
Water Consumption Analysis
Construction estimates
{
Proposed Fees:
System Evaluation/Reports:Four Thousand Eight Hundred Dollars($4,800.00)Billed Hourly,not to exceed.
Sunset Hills Cemetery
Bozeman,Montana
. Irrigation System Design
Proposed Scope of Services Summary
Not included in the listed fee schedule,are costs for direct expenses. Items such as plotting,reproductions, delivery
services and travel expenses will be invoiced as incurred on detailed progress billings not to exceed the figures
below. This proposal has anticipated supplying Morrison Maierle with bond plots each review level submittal and
the final bid set.
Fee Summary:
System Evaluation—Site visits,Meetings,Reports $ 4,800.00
Expense(plotting,delivery services,3 trips max) $ 2,000.00
Proposal Total $6,800.00
*travel expenses are estimated and included in the above fees (air, car rental,hotels)
Fees stated are for only those services indicated within this proposal. Additional services will be negotiated or
provided on an hourly basis.
Hourly Rates:
Project Manager $90.00 per hour
Project Designer $75.00 per hour
HydroSystemseKDI will require the following information from Morrison Maierle and City of Bozeman.
a. Provide available cemetery irrigation plans in PDF format.
b. Provide base mapping in GIS format.
e. Provide historical water use data for the cemetery irrigation system. �.
d. Autocadd files of site base information,or hard copies of plans
d. Irrigation As-Builts
•
it
jt
TASK
EXPENSES
Task 1 Design Alternatives
Task 1A-Existing Conditions
Task 1B-Diversion
Task 1C-Story Ditch
Task 1D-Irrigation Requirements
Task 1E-Pump station
Task 1F-Irrigation Mainline
Task 1G-Existing Irrigation System
Task 1H-Permitting Requirements
Task 11-Agency Input
Task 1J-Workshop
Task 1K-Alternatives
Tech Charge 5 720
Hydrosys€ems-KDI $ 5,000
Mileage $ 350
Survey Equipment $ 240
Miscellaneous Expense $ 100
Total for Task $ 6,410
Task 2 Cost Benefit Analysis
2A-Financial
28-Rating Matrix
Tech Charge $ 60
Hydrosystems-KDI $ 1,800
Miscellaneous Expense $ 50
Total for Task $ 1,910
Task 3 Water Right Sourdough Creek
3A-Review
38-Water Availability
3C-Place of Use Review
3D-Diversion Relocation
3E-Meetings
3F-Memorandum
Tech Charge $ 84
Miscellaneous Expense $ 50
Total for Task $ 134
Task 4 Water Right Groundwater
4A-Review
4B-Historic Use
4C-Place of Use Evaluation
4D-Memorandum
Tech Charge $ 174
Miscellaneous Expense $ 50
Total for Task $ 224
Task 5 Preliminary Engineering Report •
5A-Report
Tech Charge $ 216
Miscellaneous Expense $ 50
Total for Task $ 266
Task 6 Grant Application Support
6A-E
Tech Charge $ 216
Miscellaneous Expense $ 50
Total for Task $ 266
SUBTOTAL OF STAFF HOURS REQUIRED
HOURLY LABOR COST
LABOR COST BY POSITION
TOTAL LABOR:
TOTAL EXPENSES $ 9,211
TOTAL COST: