Contract #120028/Morrision-Maierle/Engineering Services/Willows Stormwater Improvements120028
CONTRACT FOR SERVICES
THIS AGREEMENT for services, dated this -ioK—day of Deu-rvLbu 2012, is
made between the City of Kalispell (hereinafter referred to as the "City"), of 201 First Avenue East,
Kalispell, Montana, and Morrison-Maierle, Inc, (hereinafter referred to as the "Contractor"), of 125
Schoolhouse Loop, Kalispell, MT 59901.
RECITALS
WHEREAS, the City requires the services of a professional consultant to provide the necessary
expertise to provide the hydrologic and hydraulic analysis of the area known as the
Willows Subdivision and the associated watershed drainage area located in the City of
Kalispell, MT and the design of improvements to the storm water collection,
conveyance, detention, and water quality treatment facilities; and
WHEREAS, the City caused to be published a request for qualifications and received a number of
statements of qualifications, among which was a statement of qualifications from the
Contractor which a City committee selected as the most qualified to provide the
services for this described project; and
WHEREAS, the Contractor has the necessary expertise, training and experience to provide this
service to the City and has offered a proposal for services to the City to meet the
scope of services required by the City. A copy of the proposal of the Contractor is
attached hereto as Exhibit "A" consisting of Task Order # I and Task Order #2,
and incorporated fully herein by this reference.
NOW THEREFORE the City and the Contractor agree as follows:
1. Scgpe of Services: The miscellaneous work included in this project is included in the
proposal attached hereto as Exhibit "A".
2. AccWtance of Proposal: The City hereby accepts the proposal for services submitted by the
Contractor and the City, including the Unit Cost/Time Charges and Fee Schedule as set forth
in Exhibit "A". The Contractor agrees to be bound by the terms of this Proposal.
3. Limitation on Contractor's Damages: In the event of a claim for damages by Contractor
under this Contract, Contractor's damages shall be limited to contract damages and
Contractor hereby expressly waives any right to claim or recover consequential, special,
punitive, lost business opportunity, lost productivity, field office overhead, general
conditions costs, or lost profits damages of any nature or kind. In the event Contractor
wants to assert a claim for damages of any kind or nature, Contractor shall provide City
with written notice of its claim, the facts and circumstances surrounding and giving rise
to the claim, and the total amount of damages sought by the claim, within ten (10) days of
the facts and circumstances giving rise to the claim. In the event Contractor fails to
provide such notice, Contractor shall waive all rights to assert such claim.
CONTRACT FOR SERVICES Page I of 4
4. Evidence of Workers' CoMpensation Coverage. Contractor hereby certifies that contractor
is covered by a Workers' Compensation insurance program with the State of Montana, a
private insurance carrier, or an approved self-insurance plan in accordance with Montana
State law and acknowledges that the City has no liability for contractor's - workers'
compensation insurance or claims. Contractor shall provide evidence of such coverage to
the City prior to City's execution of the agreement.
5. Liabili1y Insurance. Contractor hereby certifies that it has and shall maintain during the
time period of this Agreement, liability insurance in the minimum amount of
$1,000,000.00 per occurrence and $750,000.00 per person, that includes liability for
accidents occurring during contract or at the project site that are attributable to the
contractor or its agents' conduct.
6. General Indgmni1y: City agrees to defend, indemnify and hold harmless Contractor
against any claims, obligations and liabilities arising from or related to the performance of
project services under this Agreement, and resulting from City's negligent act or omission.
Contractor agrees to defend, indemnify and hold harmless City against any claims,
obligations and liabilities arising from or related to the performance of project services
under this Agreement, and resulting from Contractor's negligent act or omission.
7. Delgy Of Services: If Contractor's services under this agreement are delayed for reasons
beyond Contractor's control, the City will be contacted and the time of performance shall be
adjusted appropriately. If the services under this Agreement are delayed for a period of
more than ninety (90) days the fees shall be subject to renegotiations and will apply only to
the unfinished services as of the effective date of such change, except where the services
provided are under a continuous service contract for more than one year
8. Waiver: Any failure by either party to require strict compliance with any provision of this
contract shall not be construed as a waiver of such provision, and either party may
subsequently require strict compliance at any time, notwithstanding any prior failure to do
SO.
9. Non -Discrimination. Contractor will not discriminate against any employee or applicant
for employment because of race, creed, religion, color, sex or national origin, or because
of age, physical or mental disability or marital status. Contractor shall take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, creed, religion, color, sex, national origin or
because of age, physical or mental disability or marital status. Such action shall include,
but is not limited to, the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms
of compensation; and selection for training, including apprenticeship. Contractor agrees
to post in conspicuous places, available to employees and applicants for employment,
notices setting forth the provisions of this non-discrimination clause.
CONTRACT FOR SERVICES Page 2 of 4
10. Dispute Resolution: Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior -level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to
assist in the negotiated settlement discussions. If the parties are unable to resolve the
dispute within thirty (30) days from date the dispute was first raised, then - such dispute
shall be resolved in a court of competent jurisdiction in compliance with the Applicable
Law provisions of this Contract.
11. Headings: The headings used in this Contract are for convenience only and shall not be
construed as a part of the Contract or as a Imitation on the scope of the particular
paragraphs to which they refer.
12. Severabilily: If any portion of this Contract shall be held to be void or unenforceable, the
balance thereof shall continue to be effective.
13. A
Mlicable Law: The parties agree that this Contract shall be governed in all respects by the
laws of the State of Montana and the parties expressly agree that venue shall be in Flathead
County, Montana, and no other venue.
14. Binding Effect: This Contract shall be binding upon and shall inure to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
15. Amendments: This Contract shall not be modified, amended, or changed in any respect
except by a written document signed by all parties.
16. No Third Party BeneficiW-- This Contract is for the exclusive benefit of the parties and
shall not constitute a third party beneficiary agreement and shall not be relied upon or
enforced by a third party.
17. CountMarts: This Contract may be executed in counterparts, which together shall
constitute one instrument.
18. Assignment: Contractor shall not assign this Contract in whole or in part without the
prior written consent of the City. No assignment shall relieve Contractor of its
responsibility for the performance of the Contract and the completion of the Contract.
Contractor shall not assign to any third party other than Contractor's subcontractors on
the Contract, the right to receive monies due from the City without the prior written
consent of City.
19. Aglorily: Each party represents that it has full power and authority to enter into and
perform this Contract and the person signing this Contract on behalf of each party has
been properly authorized and empowered to sign this Contract.
20. Independent Contractor: The parties agree and acknowledge that in the performance of
this Contract and the completion of the Contract, Contractor shall render services as an
CONTRACT FOR SERVICES Page 3 of 4
independent contractor and not as the agent, representative, subcontractor, or employee
of the City. The parties further agree that all individuals and companies retained by
Contractor shall at all times be considered the agents, employees, or independent
contractors of the Contractor and shall at no time be the employees, agents, or
representatives of the City.
21. Integration: This Contract and all Exhibits attached hereto constitute the entire agreement
of the parties. There are no understandings between the parties other than as set forth in this
Contract. All communications, either verbal or written, made prior to the date of this
Contract are hereby abrogated and withdrawn unless specifically made a part of this
Contract by reference.
IN WIY7VESS WHEREOF, the City and Contractor have signed 2 copies of the Contract.
CITY OF =PELL
B y �-;� -
��77/
Doug Russell
City Manager
Address for giving notices:
P.O. Box 1997
Kalispell, MT 59903-1997
Morrison-Maierle, Inc.
By
Authorized Agent
Address for giving notices:
P.O. Box 8057
Kalispell, MT 59904
CONTRACT FOR SERVICES Page 4 of 4
Exhibit A
TASK ORDER NUMBER ONE
AGREEMENT TO FURNISH ENGINEERING SERVICES
to
CITY OF KALISPELL
for
THE WILLOWS DRAINAGE IMPROVEMENTS PROJECT
This Task Order provides for professional engineering services to be performed by
MORRISON-MAIERLE, INC. (hereinafter the Engineer), for the CITY OF KALISPELL
(hereinafter the Owner), in accordance with Article I of the Agreement to Furnish Engineering
Services to CITY OF KALISPELL for THE WILLOWS DRAINAGE IMPROVEMENTS
PROJECT, dated the _Jt�� day of DexAxwber 2012 (hereinafter the Agreement). All
provisions of the Agreement are incorporated by reference. This Task Order represents an
authorization to proceed with the scope of services, schedule, and compensation described
herein. This Task Order, when executed by both parties, shall become a supplement to and part
of the basic Agreement.
ARTICLE 1. SCOPE OF SERVICES
The Engineer agrees to fin-nish the following professional engineering services in connection
with THE WILLOWS DRAINAGE IMPROVEMENTS PROJECT, hereinafter referred
to as the Project. This Project consists of constructing improvements to the Willows
Stormwater System as recommended in the Stormwater Drainage Report prepared by
Morrison-Maierle, Inc. in February 2012. This project will address the immediate needs of
the stormwater system, including but not limited to improvements to meet current City
Design and Construction Standards for the detention pond, pond outlet structure, outlet pipe,
water quality treatment facility, flood control, and offsite stormwater runoff utilizing the
natural drainage area in correspondence with the Willows Subdivision.
A. DRAINAGE ANALYSIS PHASE
Under the Drainage Analysis Phase, Engineer shall:
I - Prepare Preliminary Engineering Report (PER) as outlined by the State Revolving Fund
(SRF) loan program specifically for this project, including the requirements for the
environmental assessment.
2. Revise the Uniform Application based on requirements of the SRF program.
3. Complete the Uniform Environmental Checklist and send out agency correspondence
letters.
4. Conduct one (1) public meeting to meet SRF requirements for the project.
5. Attend miscellaneous conference calls with SRF, the City, and Bond Counsel.
6. Field SjmLey. Provide necessary field surveys and topographic and utility mapping for
design purposes. Engineer will survey all underground utilities identified in the
construction zone and include locations as a part of the final design. Utility mapping will
be based upon information obtained from utility owners. If underground utility locating is
required, the Engineer will coordinate with the Owner to expose the utility to be surveyed.
7. Review As -built Drawings. The Owner will provide all relative as -built drawings to the
Engineer for review. As -built information will be incorporated into the design.
8. Wetland Assessment. Provide a Wetland Assessment in accordance with the City of
Kalispell Stormwater Quality Management Plan and the SRF program.
9. Conduct a Pre -Design Conference. The Engineer shall arrange and attend a Pre -Design
Conference with the Owner. The purpose of the meeting is to discuss project design
details, design options and recommendations, and establish the project design and
construction schedules. The Engineer shall formulate a meeting itinerary with the plan
sheets and preliminary sketches necessary to conduct the meeting in an organized and
professional manner.
10. PLel2are a Project Staffing and Scheduling Plan. Before beginning the design phase, the
Engineer will develop a Project Staffing and Scheduling Plan. This plan shall include
developing a detailed breakdown of project tasks and their associated completion
schedules. In addition, the project team required to complete each task shall be
determined and assigned. The completed Project Staffing and Scheduling Plan shall be
monitored by the Engineer to track the progress of the project. If the project begins to fall
behind schedule the staffing will be reassessed to determine what personnel shifts can be
made to get the project back on schedule.
11. PLepare a Drainage Submittal. The Engineer will evaluate the entire subdivision and
interrelated drainage watershed and prepare a Drainage Submittal in accordance with the
City of Kalispell Standards for Design and Construction, Section 3. The Drainage
Submittal shall include a Drainage Report.
The Drainage Report will include the following items:
Project Description
Geotechnical Information
Pre -Development Basin Information
Post -Development Basin Information
Wetland Analysis
Down -Gradient Analysis
Methodology
Water Quality Treatment
Results
Operational Characteristics
Off -Site Easements
2
Figures — The Drainage Report shall contain a Basin Map. Both a pre -
development and post -development basin map shall be provided. The minimum
elements required include the following:
• Vicinity Map, project boundaries, and section, township, and range;
• Basin Limits — Basin limits shall include on -site, off -site, and bypass areas
contributing runoff to or from the project.
• Drainage Basins
• Time of Concentration routes, with each segment clearly labeled and
correlated with calculations;
• Labeled topographic contours;
• Any and all drainage ways;
• Floodplain Limits, as defined by FEMA;
• Any geologically hazardous areas;
• Footprint of proposed drainage facilities;
• North Arrow and Scale;
• Existing and proposed easements, parcel land, open space, parkland; and,
• Adjacent Streets.
• Other Figures — the following other figures are to be included:
• Site Photos;
• Soils maps;
• Any graphs, charts, nomographs, maps, or figures sued in the
design.
12. Geotechnical Investigation. The Engineer and the Owner have discussed the need for a
Geotechnical Investigation and Geotechnical Site Characterization, Section 4 of Standards
for Design and Construction. It was determined by the Owner that neither of these items
are required for this project. No work is included at this time to perform either of these. If
requested, the Engineer can include this work at a later time and an additional task order
will be executed for this work.
13. PLepare Hydrologic and Hydraulic Analy�is. The Engineer will present calculations, in a
logical fortnat, showing all assumptions, input and output data, and variables used. Basins
and design storm events will be clearly identified. Typical calculations include, but are
not limited to:
Hydrologic/Hydraulic calculations including pre- and post -developed peak rate
and volume calculations, routing calculations and modelling, design information
for outflow structures, orifice information, pond volume rating table or pond
volume calculations, watershed interrelated runoff in association with the natural
drainage swale, etc.;
Time of concentration calculations;
Curve Number (CN) or runoff coefficients (C);
Water Quality treatment calculations;
Inlet capacity and bypass calculations;
Detention/Retention storage capabilities;
Calculations for ditches and natural drainage ways;
Culvert and pipe calculations;
• Non -flooded width calculations for curbs and gutters; and,
• Energy dissipation calculations.
14. Preliminga Engineering DesigLi for the Project. The Engineer will perform preliminary
engineering calculation and prepare schematic plans for the entire project. This
preliminary engineering will include design options as discussed in the Pre -design
Conference. Additionally, this preliminary engineering will prepare construction cost
estimates based upon the schematic plans for each option. This preliminary engineering
will allow the Owner and the Engineer to review the overall plans for the entire project
and to pick the preferred option.
The Engineer will furnish 2 review copies (paper and electronic copy) of the Preliminary
Design Phase documents and any other deliverables to Owner within 60 calendar days of
authorization to proceed with this phase, and review them with Owner. Within 30
calendar days of receipt, Owner shall submit to Engineer any comments regarding the
Preliminary Design Phase documents and any other deliverables.
15. Revise the Preliminary Design Phase documents and any other deliverables in response to
Owner's comments, as appropriate, and ftu-nish to Owner two (2) copies (paper and
electronic copy) of the revised Preliminary Design Phase documents, and any other
deliverables within 30 calendar days after receipt of Owner's comments.
16. Permitting. The Engineer will prepare a list of permits that will be required once the
preliminary design is complete. This list will show the type of permit� required
infonnation and timeline for receiving the permit, and who's responsible for acquiring the
permit.
The Engineer will prepare applicable permit applications, technical criteria, written
descriptions, and design data for Owner's signature for permit submittals of governmental
authorities having jurisdiction to review or approve the final design of the Project assist
Owner in consultations with such authorities; and revise the Drawings and Specifications
in response to directives from such authorities.
ARTICLE 2. SCHEDULE
It is anticipated that those services listed above under Article 1, Scope of Services, are to be
completed during the time period from the 181' day of DpLtmbtr 2012 to the
3 Is' of March, 2013.
ARTICLE 3. COMPENSATION
A. BUDGET
The budget for those services described above under Article 1, Scope of Services, shall be paid
on a lump sum basis in the amount of $25,500.00, as evidenced by the attached "Schedule of
t, I
Estimated Costs." The Engineer cost per task shall not exceed the specific amount unless
written approval by the Owner is achieved prior to submitting for payment.
DATEDthis ISOdayof Detuv—b,&r _,2012.
CITY OF KALISPELL
By:_
Title:;—i,�
MORRISON-MAIERLE, INC.
I 000,"e.
oo
V717ce Presidrnt-
5
THE WILLOWS DRAINAGE IMPROVEMENT PROJECT
SCHEDULE OF ESTIMATED COSTS
TASK ORDER NO. 1
Task 1. Person Days
Work Itern/Subtask Project Design Engineer Admin Total
Principal Manager Engineer Tech RPR Surveyor Specialist Personal
Days
Preliminary Design Phase 1 5 14 4 4 2 30
Jask 1: Summary of Enginecrii Services
Subtotal Direct Labor Costs $23,700
Subtotal Direct Expenses $1,800
�61
Exhibit A
TASK ORDER NUMBER TWO
AGREEMENT TO FURNISH ENGINEERING SERVICES
to
CITY OF KALISPELL
for
THE WILLOWS DRAINAGE IMPROVEMENTS PROJECT
This Task Order provides for professional engineering services to be performed by
MORRISON-MAIERLE, INC. (hereinafter the Engineer), for the CITY. OF KALISPELL
(hereinafter the Owner), in accordance with Article 1 of the Agreement to Furnish Engineering
Services to CITY OF KALISPELL for THE WILLOWS DRAINAGE IMPROVEMENTS
PROJECT, dated the 1 16 �k day of 04eCp wtber , 2012 (hereinafter the Agreement).
All provisions of the Agreement are incorporated by reference. This Task Order represents an
authorization to proceed with the scope of services, schedule, and compensation described
herein. This Task Order, when executed by both parties, shall become a supplement to and part
of the basic Agreement.
ARTICLE 1. SCOPE OF SERVICES
The Engineer agrees to furnish the following professional engineering services in connection with
THE WILLOWS DRAINAGE IMPROVEMENTS PROJECT, hereinafter referred to as the
Project. This Phase of the project consists of designing, providing bid documentation, and
professional services for a stonnwater improvement system as discussed and selected in Task
Order One.
A. DESIGN PHASE
After acceptance by Owner of the Drainage Analysis Phase documents and any other deliverables
subject to any Owner -directed modifications or changes in the scope, extent, character, or design
requirements of or for the Project, and upon written authorization from Owner, Engineer shall:
PLej2are Design Engineer Enort for the Preferred Qption. The Engineer shall prepare a
Design Engineering Report prior to or subsequent with, the preliminary plan and
specification. The Design Engineering Report serves as the supplement to the design plans
and specifications. The engineering report addresses the key elements of the Projects design
process such as:
• Design Data
• Hydrologic and hydraulic Calculation
• Drainage Areas
• Water Quality Treatment
• Cost Estimates
• Construction Schedules, etc.
2. Proare Final Drawings and Specifications. The Engineer will prepare Final Drawing and
Specifications for the preferred option indicating the scope, extent, and character of the Work
to be performed and fumished by Contractor.
3. PWpare Contract Documents and Specifications. The Engineer will prepare the Contract
Documents and Specifications for the Owner's project. If the Owner does not have their own
standard contract documents the Engineer will use their standards. The contract documents
include the advertisement for bid, instructions to bidders, proposal, general conditions,
supplementary conditions, special provisions, and standard forms.
The Engineer will also incorporate the most current version of the prevailing wage rates that
they believe are appropriate for this project. The Owner shall review the prevailing wage
rates that are selected for publication in the Contract Documents to determine if they agree
that they are the appropriate rates for the project. Unless specifically directed by the Owner to
replace the wage rates selected, the Engineer will assume that the Owner concurs in the rates
chosen.
For the specifications the Engineer will incorporate the most current version of the City of
Kalispell Standards for Design and Construction and the Montana Public Works Standard
Specifications (MPWSS) to the extent possible. The Engineer will supplement the MPWSS
specifications with additional technical specifications for work items that are not specifically
addressed in the MPWSS.
Within 30 days of receipt, Owner shall submit to Engineer any comments and instructions for
revisions.
4. Update Qpinion of Probable Cost. The Engineer shall calculate the project bid quantities from
the preliminary plans for incorporation into the specifications. After the bid quantities have
been computed the Engineer will update the opinion of probable cost based on the calculated
preliminary bid quantities. The opinion of probable construction cost should be an estimate of
the "average" cost to perform the work not the "low" bid cost.
5. PrelbELnary Plan in Hand with Client. The Engineer will arrange a Preliminary Plan -in -Hand
(PPIH) meeting with the Owner. The purpose of this meeting is to review the plans,
specifications, and opinion of probable construction cost and allows the Owner to comment
on them. This meeting gives the Owner another opportunity to modify the design, and/or
delete work items, or adjust their budget if necessary.
Pertinent Owner comments shall be noted in the written meeting notes which will serve as a
record of the items discussed at the PPIH and the directives given to the Engineer by the
Owner.
6. Submit Preliminga Plans and Specifications for Agency Review and Permit Application. The
Engineer shall submit a preliminary set of plans and specifications to all appropriate
regulatory agencies and permitting agencies for review and comments.
0)
7. Final Design Changes. After receiving all agency review comments the Engineer shall meet
with the Owner to discuss the agency comments received and determine the appropriate
design modifications. If the owner disagrees with any of the agencies' comments the Engineer
shall personally contact the agency reviewer to discuss the discrepancies. The purpose of the
personal contact is to attempt to reach a design compromise which is acceptable to both the
agency and the Owner. The final design changes shall be made by the Engineer.
8. Final In -House Review and QA/QC Approval. The Engineer will coordinate an in-house
Quality Assurance/Quality Control (QA/QC) review of the plans an specification.
9. Final Plan -in -Hand Meeting, After the QA/QC approval has been received the Engineer will
schedule and attend a Final Planin-Hand (FPIH) meeting with the Owner. The main purpose
of this meeting is to solicit final design comments and receive authorization from the Owner
to advertise for bids.
Minutes of the FPIH will be taken by the Engineer. Final design modifications requested by
the Owner will be performed by the Engineer.
If required, revise the bidding documents in accordance with comments and instructions from
the Owner, as appropriate, and submit two (2) final copies (paper and electronic copy) of the
bidding documents, and any other deliverables to Owner within thirty (30) calendar days after
receipt of Owner's comments and instructions.
B. BIDDING to AWARD PHASE
After acceptance by Owner of the bidding documents and the most recent opinion of probable
Construction Cost as determined in the Final Design Phase, and upon written authorization by
Owner to proceed, Engineer shall:
1. Advertise for Bids. THIS WORK ITEM WILL BE COMPLETED BY THE OWNER.
The Owner will coordinate the advertisement for bids in at least two different newspapers
for three consecutive weekly advertisementsThe bid opening will be scheduled to occur no
sooner than five days after the last advertisement and no later than twelve days after the last
advertisement.
2. Invitations to Bid. THIS WORK ITEM WILL BE COMPLETED BY THE OWNER.
In addition to the Advertisements for Bid, the Owner will send out personal Invitadons to Bid
to a list of Contractors who may be interested in bidding on the project. The Engineer
maintains a current listing of Contractors who perform certain types of work within the
State, and will provide to the Owner upon request.
3. Pre -Bid Conference. The Owner shall schedule and conduct a Pre -Bid Conference for
the project, which the Engineer will attend. The location and time for the Pre -Bid
Conference will be clearly stated in the Invitationfor Bids and/or Informationfor Bidders
3
sections of the Specifications. The intent of this conference is to make the Contractors fully
aware of the project requirements.
The Owner is responsible for conducting the meeting and the Engineer is responsible for
taking meeting notes and answering any technical design related questions. A Pre -Bid
Conference Sign -In Sheet shall be circulated amongst the attendees for a record of those
persons present.
The Engineer will send the Owner a copy of the Pre -Bid Conference Sign -In Sheet, the Pre -
Bid Conference Agenda for their review and edits, and the Engineer will send the Owner
conference meeting notes.
4. Planholder's List. THIS WORK ITEM WILL BE COMPLETED BY THE OWNER.
The Owner will distribute plans and specifications to those Contractors who request them. No
plans and specifications shall be sent to any Contractor who has not supplied the proper
deposit. Each set of plans and specifications shall be numbered sequentially in the order in
which they are transmitted. The Owner will maintain a record of the plans and specifications
which have been sent to the Contractors, Builder's Exchanges, and the Engineer. This record
shall include writing down the Contractor's name and address, plan set number, and
deposit received, in the Planholder's List Book In addition, the Owner shall maintain a
current Planholder's List which identifies all Contractors and Builder's Exchanges which
have received plans and specifications. This Pianholder's List shall be updated at least twice a
week.
5. Issuing Addenda. On some projects it becomes necessary to send out a written addenda
to the plans and/or specifications. The addenda serve to make clarifications or changes in
the Contract Documents prior to the bid opening. All written addenda issued will become part
of the Contract Documents and all bidders shall be bound by such addenda, therefore a copy
of the addenda shall be sent to all planholders on the Planholder List. THE ISSUANCE OF
ANY ADDENDA IS THE RESPONSIBILITY OF THE OWNER. The Engineer will prepare
any addenda to clarify, correct, or change the bidding documents and sign, for the Owner to
issue.
6. Engineer Consultation During Bid Process. During the duration of the bid letting, the
Engineer will be available to answer bid related questions, directed to the Engineer
through the Owner. 'fhe Engineer will provide information or assistance needed by Owner in
the course of any negotiations with prospective contractors. Consult with Owner as to the
acceptability of subcontractors, suppliers, and other individuals and entities proposed by
prospective contractors for those portions of the Work as to which such acceptability is
required by the bidding documents.
7. Bid Qpening. THIS WORK ITEM WILL BE COMPLETED BY THE OWNER.
The only bid information that will be read aloud at the bid opening will be the Contractor's
name and address, Contractor's registration number, the Contractor's base bid, and additive
alternate bids if applicable. A Summary ofBids form shall be distributed to all persons at the
.19
Bid Opening. The Owner shall infort-n all persons attending the Bid Opening about the
information that will be read aloud. Bids which are received after the scheduled Bid Opening
time shall be opened and shall be returned to the Contractor unopened. The Owner shall
determine when the scheduled time for receiving proposals has closed.
The Owner will review all bids received for bid irregularities. Items to be reviewed include
the Bid Bond, math errors in the bid, acknowledgment of receipt of any and all
addenda, Contractor's registration number and proper completion of all bid
document forms. If irregularities are discovered in the low bidder's package, the Owner
shall consult their attorney.
8. Bid Tabulations. THIS WORK ITEM WILL BE COMPLETED BY THE OWNER.
The Owner shall prepare the bid tabulations. The Owner is responsible for transferring the
unit bid prices and total bid prices shown in the Contractor's bid onto a Bid Tabulation
Sheet. Any math errors in the Contractor's bid will be noted on the bid tabulations and
the correct figure shown.
9. Award Recommendation. THIS WORK ITEM WILL BE COMPLETED BY THE OWNER.
After the Bid Tabulations have been prepared and approved, the Owner shall
write a Recommendation ofAward letter.
The Recommendation ofAward letter shall be based on the lowest responsive bid, the absence
of any bid irregularities (or in accordance with an Attorney's opinion in the case
of bid irregularities), and the ability of the Contractor to perform the work. If the
Contractor's qualifications are not known, a Pre -Award Conference may be
required prior to the Recommendation ofAward. The Owner will conduct any Pre -Award
Conference.
The intent of a Pre -Award Conference is to determine if the Contractor is qualified to
properly complete the work within the allotted construction time. The following topics will be
considered in particular:
• The Contractor's organization and equipment available for the project.
• The Contractor's proposed construction schedule.
• The Contractor's past performance on similar projects.
• The Contractor's proposed wage rates for use on the project.
• The Contractor's understanding of the plans and specifications.
If after the Pre -Award Conference it appears the Contractor is qualified to complete the
project, the Owner shall recommend award to the Contractor. If the Contractor does not
appear to be qualified, the Owner shall recommend the Contractor's bid be disqualified and
the next lowest bidder be considered - or that all bids be rejected and the project be re -bid,
whichever their Attorney believes to be appropriate.
�1
10. Notice of Award and Executed Contract Documents. THIS WORK ITEM WILL BE
COMPLETED BY THE OWNER.
Once a Contractor has been approved by the Owner, the Owner shall transmit a Notice of
Award along with three copies of the Agreement between Owner and Contractor to the
Contractor. The Contractor should be asked to sign all three copies of the agreement and
return them to the Owner, along with the required Performance and Payment Bonds,
Certiflicates of Insurance, and Power of Attorney. This set of documents constitutes the
Contract Documents.
C. CONSTRUCTION PHASE
Upon successful completion of the Bidding and Negotiating Phase, and upon written
authorization from Owner, Engineer shall:
1. Executed Contract Document Review. THIS WORK ITEM WILL BE COMPLETED BY
THE OWNER.
Upon receipt of the Contract Documents from the Contractor, the Owner shall review
the Agreement, Performance Bond, Payment Bond, Certificates of Insurance, Power o�f
Attorney, DBE requirements, and Workers' Compensation Certificate for conformance with
the project requirements. Particular attention should be given to the Owners and
Engineers Protective Liability portion of the Certificate of Insurance to confirm that RPA
and the owner are named as "additional insured" to the limits required by the Specifications.
If the Owner determines the Contract Documents are acceptable they should be forwarded to
the Owner's attorney, for review and acceptance. If the Documents are not acceptable, the
Owner shall return them to the Contractor for correction and resubmission.
2. Recommendation to Revise Contracts. THIS WORK ITEM WILL BE COMPLETED BY
THE OWNER.
The Owner shall present the contract Documents with a Letter of Recommendation for
review and sign the Agreement if approved by their attorney. The Owner should sign two
fully executed copies of the contract Documents. One copy shall be returned to the contractor,
and one copy shall be retained by the Owner. A copy should be made and sent to the
Engineer.
3. Preconstruction Conference. The Owner shall schedule a Preconstruction Conference
(Pre -Con) with the Engineer, Contractor, subcontractors, and any other applicable
representatives. Both the Engineer's Project Manager and the Owner's On -Site
Representative shall attend the Pre -Con. The Owner is responsible for conducting the
Pre -Con. The Owner and the Engineer shall work together to prepare a Preconstruction
Conference Agenda which lists the topics of discussion applicable to the project.
Z
The main purpose of the Preconstruction Conference is to introduce and designate responsible
personnel, establish the Contractor's proposed construction schedule, clarify the submittal
and pay request process, and discuss the major project requirements.
4. Send Minutes of Pre -Con to All Conference Participants. THIS WORK ITEM WILL BE
COMPLETED BY THE OWNER.
Minutes of the Preconstruction Conference shall be mailed to all conference participants. in
addition, the Owner shall transmit a copy of the Preconstruction Conference Agenda and the
Persons Attending form to all attendees.
5. Execute Notice to Proceed. THIS WORK ITEM WILL BE COMPLETED BY THE
OWNER.
Once the project start-up date has been determined, the Owner shall send the Notice to
Proceed to the Contractor. The Owner will retain a copy of the Notice to Proceed and provide
copies to the contractor and the Engineer for their files.
6. Submittal Review Process. The Engineer shall work cooperatively with the Owner on
the Submittal Reviews. Each set of Project Specifications shall contain a detailed
description of what submittals are required of the Contractor, how they shall be
submitted, how the Engineer will review and respond to the submittals, and who is
responsible for the submittals. This detailed description of the Submittal Review
process should be contained in the Special Provisions or Supplemental Conditions
Section of the Project Specifications.
The Engineer is responsible for ensuring the submittals received from the Contractor
are reviewed and returned well within the time ftame allowed in the Specifications. A
Submittal Log, shall be maintained and kept current during the course of the Submittal
Review process. This Submittal Log will provide a permanent record of when submittals
were received by the Engineer, when we returned them, and what actions are required of the
Contractor.
Each individual submittal received from the Contractor shall be reviewed and recorded on a
Submittal Checklist. This Checklist will be returned to the Contractor with the
appropriate number of reviewed submittals attached. If additional comments are required for
a particular submittal they should be written down on a Submittal Comment Sheet.
Copies of the project Submittal Log, Submittal Checklist(s), and Submittal Comment
Sheet(s), shall be retained by the Engineer, with copies submitted to the Owner.
7. Construction Administration and Observation. THIS WORK ITEM WILL BE OUTLINED
IN A SEPARATE FUTURE TASK ORDER 3.
8. Final Project ln�ipection. THIS WORK ITEM WILL BE OUTLINED IN A SEPARATE
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FUTURE TASK ORDER 3.
9. Record Drawings. THIS WORK ITEM WILL BE OUTLINED IN A SEPARATE FUTURE
TASK ORDER 3.
ARTICLE 2. SCHEDULE
It is anticipated that those services listed above under Article 1, Scope of Services, are to be
completed during the time period from the b+*t day of Dfggmbe-f- 2012 to
the 30th of June, 2013.
ARTICLE 3. COMPENSATION
A. BUDGET
The budget for those services described above under Article 1, Scope of Services, shall be paid
on a lump sum basis in the amount of $28,100.00, as evidenced by the attached "Schedule of
Estimated Costs." The Engineer cost per task shall not exceed the specific amount unless
written approval by the Owner is achieved prior to submitting for payment.
DATED this [S +-k day of Det-g�btr � 2012.
CITY OF KALISPELL
By: --- �
Title:
MORRISON-MAIERLE, INC.
--Iz� k
By
r7
Vice Pr7es-ide-nt
IV
THE WILLOWS DRAINAGE IMPROVEMENT PROJECT
SCHEDULE OF ESTIMATED COSTS
TASK ORDER NO. 2
Task 1: Person Days
Work Itern/Subtask Proj ect Design Engine Admin Total
Principal Manager Engineer Techer RPR Surveyor Specialist Personal
Days
Design Phase 1 2 15 7 2 26
Bidding to Award Phase 1 1 1 4 5
Construction Phase I i 1 1 3 36
Task 1:Sumniary of Enginem�erfii Services
-Subtotal Direct Labor Costs $26,600
Subtotal Direct Expenses $1,500
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