HomeMy WebLinkAbout04-15-19 City Commission Packet Materials - C6. PSA with Morrison-Maierle for Engineering Services for Bogert Pavilion
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Mike Gray, Facilities Superintendent
Thom White, Parks Superintendent SUBJECT: Professional Service Agreement for Engineering Services and Mitigation
Management Services at Bogert Pavilion.
MEETING DATE: April 15, 2019
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Ratify the City Manager’s signature on the Professional Service
Agreement for Engineering Services and Mitigation Management Services at Bogert Pavilion.
SUGGESTED MOTION: Ratify the City Manager’s signature on the Professional Service
Agreement for Engineering Services and Mitigation Management Services at Bogert Pavilion.
BACKGROUND: The City was notified of a partial roof collapse at the Bogert Pavilion on
the evening of March 17th. Several departments assisted with the initial response including Fire,
Police, Facilities, Parks, Streets, and Water/Sewer to secure the area. An insurance claim was
filed on March 18th. This contract will provide the information required to determine a path forward.
UNRESOLVED ISSUES: There are no unresolved issues at this time. The work performed
under this contract will help support future decisions as it relates to repair or replacement.
ALTERNATIVES: As directed by the City Commission.
FISCAL EFFECTS: Sole source approval to work directly with Morrison-Maierle has been
granted due to emergency circumstances. Funds are currently available within the Parks
Department & City Manager’s FY19 contingency budget(s) to cover all associated costs.
Attachments: Professional Service Agreement Scope of Services
Report compiled on: April 3, 2019
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Professional Services Agreement for Engineering Service and Mitigation Management Services for Bogert Pavilion FY 2019
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this ___ day of March, 2019, by and between
the CITY OF BOZEMAN, MONTANA, a municipal corporation organized and existing under the
laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana 59771, hereinafter referred
to as “City,” and, Morrison Maierle, 2880 Technology Boulevard. W., Bozeman, MT 59771,
hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Attachment “A” and by this reference
made a part hereof.
2. Term/Effective Date: This Agreement is effective upon the date of its execution and
will terminate on the 30th day of September, 2019 unless earlier terminated as provided herein.
3. Scope of Work: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services (the frequency and work schedule). For
conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise,
the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services
for each location where services are provided. Any alteration or deviation from the described services
that involves additional costs above the Agreement amount will be performed by Contractor after
written request by the City, and will become an additional charge over and above the amount listed
in the Scope of Services. The City must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
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and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform said services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter 71,
MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of
Contractor’s business, except for those members who are exempted by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be
paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s
normal place of business and shall be made no later than the first day of services provided under this
Agreement. Such posting shall be removed only upon expiration or termination of this Agreement.
In performing the services under this Agreement, Contractor shall give preference to the
employment of bona fide residents of Montana, as required by §18-2-403, MCA, and as such, term is
defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers
both skilled in their trade and specialized in their field of work for all work to which they are assigned.
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Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, benefits, and
expenses as set forth in the Montana Prevailing Wage Rage for Non Construction Services, effective
February 1, 2013 and applicable to Gallatin County, Montana which schedule is incorporated herein.
Contractor shall pay all hourly wage employees on a weekly basis. Violation of the requirements set
forth in the above State of Montana schedule of prevailing wage rates may subject the Contractor to
the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll records and provide
certified copies to the City. Contractor shall maintain such payroll records during the term of this
Agreement, the course of the work on the Construction Project, and for a period of three (3) years
following the date of final completion of the Construction Project and termination of this Agreement.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take to services shall be left to the discretion of Contractor; provided, however,
that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate
relief to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of and expert witness and consultants),
losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous)
or damages of whatever kind or nature connected therewith and without limit and without regard to
the cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; (ii) any
negligent, reckless, or intentional misconduct of any of the Contractor’s agents; or (iii) the negligent,
reckless, or intentional misconduct of any other third party.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
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expenses, including reasonable defense attorney fees, to the extent caused by the negligence or willful
misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s)
which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should any indemnitee described herein be required to bring an action against the Contractor
to assert its right to defense or indemnification under this Agreement or under the Contractor’s
applicable insurance policies required below the indemnitee shall be entitled to recover reasonable
costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court
of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was
obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof.
In the event of an action filed against City resulting from the City’s performance under this
Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City or its officers, agents
or employees, including the right of contribution for loss or damage to person or property arising
from, growing out of, or in any way connected with or incident to the performance of this Agreement
except “responsibility for his own fraud, for willful injury to the person or property of another, or for
violation of law, whether willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in subsection (a) of this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
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limit and without regard to the cause therefore and which is acceptable to the City and Contractor
shall furnish to the City an accompanying certificate of insurance and accompanying endorsements
in amounts not less than as follows:
• Workers’ Compensation – statutory;
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate; and
• Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000 annual
aggregate
The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional
or named insured on a primary non-contributory basis on both the Commercial General and
Automobile Liability policies. The insurance and required endorsements must be in a form suitable
to City and shall include no less than a sixty (60) day notice of cancellation or non-renewal. The City
must approve all insurance coverage and endorsements prior to the Contractor commencing work.
Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any
required insurance coverage will be terminated or Contractor’s decision to terminate any required
insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
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d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled 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 arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease work on the Construction Project, City may terminate
this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease work on the
Construction Project, discontinue placing orders for materials, supplies, and equipment for the
Construction Project, and make every reasonable effort to cancel all existing orders or
contracts upon terms satisfactory to the City. Contractor shall do only such work as may be
necessary to preserve, protect, and maintain work already completed, in progress, or in transit
to the construction site.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered and materials actually
purchased or which Contractor has made obligations to purchase on or before the receipt of
the Notice of Termination for City’s Convenience, and reasonably incurred costs for
demobilization of Contractor’s and any subcontractor’s crews. It is agreed that any materials
that City is obligated to purchase from Contractor will remain the City’s sole property.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled 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 arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
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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.
b. 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.
11. Representatives:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Mike Gray (Facilities Superintendent) or such other individual as City
shall designate in writing. Whenever approval or authorization from or communication or
submission to City is required by this Agreement, such communication or submission shall be
directed to Mike Gray as the City’s Representative and approvals or authorizations shall be
issued only by such Representative; provided, however, that in exigent circumstances when
City’s Representative is not available, Contractor may direct its communication or submission
to other designated City personnel or agents as listed above and may receive approvals or
authorization from such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Jay Fischer or such other individual as Contractor shall
designate in writing. Whenever direction to or communication with Contractor is required by
this Agreement, such direction or communication shall be directed to Contractor’s
Representative; provided, however, that in exigent circumstances when Contractor’s
Representative is not available, City may direct its direction or communication to other
designated Contractor personnel or agents.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, pay all fees and charges
in connection therewith, and perform all surveys and locations necessary for the timely completion
of the Construction Project.
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13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination: The Contractor will have a policy to provide equal employment
opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations,
and contracts. The Contractor will not refuse employment to a person, bar a person from employment,
or discriminate against a person in compensation or in a term, condition, or privilege of employment
because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual
or perceived sexual orientation, gender identity, physical or mental disability, except when the
reasonable demands of the position require an age, physical or mental disability, marital status or sex
distinction. The Contractor 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
Contractor shall require these nondiscrimination terms of its sub-Contractors providing services under
this agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement. Contractor
acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S.
Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention
plans and related testing. City shall have the right to request proof of such compliance and Contractor
shall be obligated to furnish such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees and
agents in proper and specified work methods and procedures. The Contractor shall provide continuous
inspection and supervision of the work performed. The Contractor is responsible for instructing his
employees and agents in safe work practices.
16. Modification and Assignability: This document contains the entire agreement
between the parties and no statements, promises or inducements made by either party or agents of
either party, which are not contained in this written Agreement, may be considered valid or binding.
This Agreement may not be enlarged, modified or altered except by written agreement signed by both
parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right
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to compensation or duties arising hereunder, without the prior written consent of City. Any
subcontractor or assignee will be bound by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party any default or breach by the other party of any
terms or conditions of this Agreement does not limit the other party’s right to enforce such term or
conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: That in the event it becomes necessary for either Party of
this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement 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.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. 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.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
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22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana and the parties expressly agree that venue will be in Gallatin County,
Montana, and no other venue.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained therein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Extensions: this Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than June 31, 2020.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year
first above written.
CITY OF BOZEMAN, MONTANA Morrison-Maierle
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Andrea Surratt, City Manager
Print Name:
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Attachment - AEngineering Services and Mitigation Management Service for Bogert PavilionThe following services will be provided by the Contractor under the terms of the contract:Scopeo Safety assessment of building in current condition, provide report and recommendations.o Structure assessment of building, provide report and recommendationso Current,condition in failed stateo Recommendations on repairs and or replacemento Bid Drawings for needed repairs or replacemento Provide mitigation management services that could include the following but is not limited tojust these items.o Snowremovalmitigationo Equipment rentalo Shoring activities as neededo Misc mitigation that might be needed to complete assessmentAttachment -ACity of BozemanEngineer¡ng Services and MitiSat¡on Management Services for Bogert Pavilion55
MorrisonMaierleengineers. surveyors' planners. scientistsæSOTECHNOLOGYBLVD. W. . P.O. BOX 1113 . BOZEMAN, MT59771406.587.0721' wwt¡r.rrm.netMarch 20,2019City of BozemanAttn.: Mike GrayFacilities Superintendent20 E Olive StreetBozeman, MT 59715Re: Bogert Park Pavilion structural Assessment and Repair/ReplaceDear Mike:We are pleased to provide you with our scope and fee proposal for the Bogert Park PavilionStructural Assessment and ilepair/Replace project. The following is our understanding of therequired scope of services, fee assumptions and limitations.Scope of Services and Fee Assumptions/LimitationsOur structural engineering and assessment fees where based on the following assumptions andscope items:General:. We understand the Bogert Park Pavilion was constructed in the 1970's. The exact date is notknown at this time.. Currently the City of Bozeman is looking for existing drawing of the pavilion, but may not havethe record drawing.. Existing condition assessment reports will be provided if available.. ln the development of our fees, we have included the time and effort from our initialAssessment on Monday, March 19tt',' 2019. This included the following:. On site observation of from 2 of Morrison Maierle Engineers to assess the damageand situation.. Review of the pavilion's structure and documentation was collected to determinea safety plan and recommendations moving forward.' A report of our objectives, observations, and recommendations was provided tothe City of Bozeman. Safety was the first concern.. ln the development of our proposed fees, the anticipated project schedule is for theassessment to begin and completed as soon as possible and shall provide the following:. Assessment of current conditions. Recommendations' Options for Repair or. Options for RePlacement. Cost base analysis between Replacement vs. Repair.. ln the development of the fees, we have included the following items for the StructuralAssessment Report:, Background and HistorY. Event of the Partial collapse. Objectives of the Assessment reportWe create solutions thot build better communities.AN EMPLOYEE-OWNED COMPANY . AN EOUAL OPPORTUNITY EMPLOYER _ MINORITIES / FEMALES / DISABLED / VETERANS56
ITIIaierleorrisonengineers. surveyors ' planners ' sc¡entists. Observation while on site. Recommendations moving forward. Options and costs to repair' Options and costs to replace.' Cost analysis between repairs vs. replacement.ln the development of our fees for the Bid Drawings we have assumed the following:. We have included time to meet with the Owner to understand their objectives andgoals in regard to cost, constructability, schedule, etc.' lVMl will piovide engineering design and analysis based on the requirements ofthe Current Codes:. lnternational Building Code (lBC). lnternational Existing Building Code (IEBC). Drawings will be produced by MMI in Revit.. The level of effort in the development of our Revit BIM models will be as requiredto develop 2D construction plans and general coordination amongst the designteam.. Final Construction Drawing deliverables will be in the form of electronicallytransmitted PDF drawings.. MMI will provide structural design, analysis, and development of constructiondocuments for the structural systems layout, member sizing, and memberconnections for repair or replacement.. OLlr fee estimate is based on the assumption that spread footing foundations willbe applicable and that deep foundation systems (i.e. helical piers, driven or drilledpiles, etc.) will not be required for this project.. Our fee estimate is based on the assumptions the foundations of the existingstructure are adequate to resist loads in a repair option.. Our scope and fee assumes if a replacement is selected the Owner will retain ageotechnical engineer.' We will provide specifications based on the MasterSPEC structural specificationsusing the Morrison Maierle format.The proposed fee to provide a repair design assumes the existing structure has adequatestrength to resist the current code required loading, this would include, but not limited to, themain girder arched roof beams, roof l-joist, roof diaphragm, connections, and foundations.The proposed scope and fee for replacements option assumes a new pavilion roof will beconsiructed to match the existing system. lf additional options are required to be designedand vetted, we understand there we will have the opportunity to negotiate additional scopeand fee.We understand not all existing conditions can be observed, assessed, and mitigated, ifadditional scope items are found changing the basis of design, we understand we will havethe opportunity to negotiate additional scope and fee.For the purposes of this fee estimate, we have assumed a single structural bid package willbe developed (i.e. no separate foundation or other "fast-track" packages).lf the footprint or project program changes affecting our original scope and fee requiringaddition effort, additional scope and fees will be negotiated to cover our services due to thesechanges.MMaaaaaaExclusions:alf the replace option is selected, we have not included Site Civil, Survey, Fire Protection, MEP57
aMorrisonMaierleengineers. surveyors ' planners. scient¡stsengineering design and CA services, or specialty consultants. We can provide these servicesif desired by the Owner, under a separate PSA or as an amendment to this agreement.We have not included scope and fees for the construction and/or construction administrationof the proposed solution, at this time it is difficult to determine our scope and fee without anoption selected by the Owner. We understand this effort can be contracted with the Ownerafter the initial design phase.We have not included scope and fees for the onsite construction inspection, or Speciallnspection and testing for the proposed solution. Code required "special inspections" whichinclude anticipated construction testing and inspection of the structuralsystems is required bythe Building Code and it is a service Morrison Maierle can provide either under this contractthe current on-call service agreement we currently hold with the City of Bozeman for testing.We have not included time and resources to mitigate the snow on the roof, and/or the snowon the ground. Mitigation services once approved by the City of Bozeman, will be billedseparately on a time and material basis.ln addition, we have not included time and resources for selected demo, equipment cost toaccess roof elements, access foundation elements, or other access issues. These servicesonce approved by the City of Bozeman, will be billed separately on a time and material basis.We have not included a 1-year warranty walkthrough and report and development of recorddrawings from the contractor's field set. We understand this can be contracted onceConstruction of the repair/replace begins.Total Report + Replace:Total Report + Repair:QA/QC Report and ReplaceQF/QC Report and RepairBid Drawing for ReplacementBid Drawings for RepairBogert Skuctural Assessment ReportBoqert Safety AssessmentBasic Services Fees:$29,303$25,U1$0$1,710$1,710$17,210$13,348$9,127$1,256TotâlAs we have discussed, we understand an hourly not to exceed contract can be set up for scopelisted above. We further understand we have the option to negotiate additional services ifadditional scope items are added or found during our Assessment. Once we receive yourapproval of this proposal, we will proceed with the development of an Agreement and beginwork on the project.Sincerely,Jay Fischer, PEStructural Engineer/Project ManagerEnclosed: Morrison Maierle Rate Schedule,Engineering Fee Estimate.aaaO58
rt¡I Morrison
Maierle
MORRISON. MAIERLE, INC
Engineering Des¡gn Fees
Bogert Park Pav¡lion
PROJECT
PRINCIPAL
SENIOR
ENGINEER I
DESIGN
ENGINEER
SURVEY
MANAGER RPR
PROJECT
COORDINATOR II
TOTAL
HOURS
TOTAL
LABORiiIAJOR WORK ITEM:
4
1
0
't0
s498
s587
$171
$0
s1.256
S¡te Obseruat¡on
Report
Q¡'/OC of Report
Sub-Total:
1
1
'I
I
2
4
$483
$431
$550
$379
$379
$379
$1 ,516
$550
$550
$1,6'13
s1 ,613
s684
39.127
1
1
'l
2
'l
2
5
5
2
1
1
2
I
2
2
2
2
a
2
2
4
4
2
'l
2
2
2
24
Jð
48
I
4
3
b
3
110
s4,890
s5,024
$1 ,100
$617
s446
$825
$r146
$ t3,348
10
6
2
2
'l
2
2
24
16
4
'l
1
J
1
'10
24
44
28
48
ı
4
3
6
3
144
$5,304
s3,448
s5.024
s1,1 00
$617
s446
s825
$¿146
s17.210
'10
6
b
2
2
1
2
1
20
20
16
4
1
1
3
1
4
2
2
2
1
'|
1
1
Bogert Park Pav¡lion Full Structural Assessment
S¡te Obs€ryat¡on and Assessment
On S¡te Structural Observat¡on beam/joists
Observat¡on of Connect¡ons
Observat¡on of Foundat¡ons
Assessment Reooñ:
Background and Historical Data
Objectives of Assessment
Observat¡ons on S¡te
Anâlys¡s of Data and Structure
Recommendations
Demo Recommendations
Repairs Options and cost Analysis
Replace Optjons and Cost Analys¡s
Cost Analysis between Options
B¡d Draw¡nos for Reoair:
Oesign of Repa¡r Optjons
Des¡gn Drawings
Front End & Techn¡câl Specifications
Construct¡on Cost Estimate
Subm¡ttal
Review Meet¡ng (Onsite)
F¡nâl Bid Proposal Packet
B¡d Draw¡nos tor Reolacement:
Demo Drawings
Des¡gn of NN Pavilion Options
Design Drawings
Front End & Techn¡æl Spec¡fcations
Construction Cost Est¡mate
Subm¡ttal
Review Meet¡ng
Final B¡d Proposal Packet
Sub-Totel:
Sub-Total:
2II
0
U
0
l8
$342
s't,368
$1,368
$0
s0
$0
s3.078
2I
OA/QC
Assessment Report
B¡d Drawìngs for Repa¡r
B¡d Drawings for Replacement
Sub-Total:
L \Buildrn$P.op.al!\Crly ol Bozemânuo19 - 03 Bog.( Rool Me$ñenB\Engneerng Fee Estñôte xls 1of '1
59
.ft¡ratt' .dvrto.t . tam . .d.nuilrMorrisonMaierleStandard Billing Rate ScheduleEffective ThruDecember 31, 2019Standard Rate Overtime RateProfessional ServicesPrincipalEngineerPlannerSc¡ent¡stEngineering TechnicianResident Project Representat¡veClerical and GraphicsPrincipalSupervising Engineer lllSupervising Engineer llSupervising Engineer ISenior Engineer llSenior Engineer IDesign Engineer llDesign Engineer IEng¡neer lntern llEng¡neer lntern ISuperv¡sing Senior PlannerSen¡or PlannerPlanner lllPlanner llPlanner ISupervising Env¡ronmental Scient¡stEnvironmental Scientist lllEnvironmental Scientist llEnvironmental Scientist IEnvironmental TechnicianSupervising Geolog¡stSenior GeologistGeologist lllGeolog¡st llGeologist ISenior Engineering TechnicianEngineering TechnicianGad Designer lllGad Designer llCad Designer ICad Tech lllCad Tech llCad Tech ISenior Res¡dent Project RepresentativeResident Project Representative lllResident Project Representative llResident Project Representat¡ve IAdministrative ManagerAdministrative Coord¡nator lllAdministrative Coordinator llAdministrative Coordinator IProject Coord¡nator lllProject Coordinator llProject Coord¡nator ITechnical lnternSenior Gommunication SPecialistGraphic DesignerSenior Survey ManagerSurvey ManagerLand Surveyor lVLand Surveyor lllLand Surveyor llLand Surveyor IRemote Sensing SpecialistSurvey Technician lVSurvey Technician lllSurvey Technician llSurvey Technician I201 00191 00181 00171 00155 00146 00136 00lt800104.00201 00191 00181 00171 00155 00'146 00136 00118 00104 00186 00155 00125 00'1 15 00100 00186 00155 00125 0011500100 00200 00160 00120,00103 0090 00201.00190.00164 00140 00120 00150 00104 00129 001 19.001't 1 00109 0094 0083 00216 00216 00200 00'160 00120.00103 0090 00201 00190 00164 00140 00120 00150.00104 00129 00119 00166 50163 50141 00124 50105 0097 00136 50112 50147 00129 00112.50108 00103 0087 00175 00'150 00144 00135.00124 00114 00163 50154.50147 00127 50108 00145 00'138 00121 00105 00145 00138 00121 00157 50105 0097 0091 0075 0098 0086 0075 0072 00103 0087 00Surveying Services SurveY175 00150 00144 00135 00124 00't '14 00109 00103 0098 0085 0072 00Recommended rate for expert witness services (depositions and/or time in court) ischarged at an hourly rate of 1 50-200o/o of the standard billing rateExpert W¡tness60