HomeMy WebLinkAbout09-16-19 City Commission Packet Materials - C6. PA with Allied Engineering for Manley Road Improvements Design Work
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Kellen Gamradt, Engineer II Shawn Kohtz, City Engineer
SUBJECT: Preliminary Design Procurement for the Manley Road Improvements
Project
MEETING DATE: September 16th, 2019
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the City Manager to sign the attached infrastructure design
purchase agreement and purchase preliminary design work for the Manley Road Improvements
Project Special Improvements District.
BACKGROUND:
Glen Lakes, LLC retained Allied Engineering, Inc in 2018 to complete the work necessary to
begin the special improvements district (SID) process which included: preliminary topographic
survey of the area, creating the boundaries of the SID, documenting current ownership of properties within the SID, completing a preliminary design of the improvements, preparing SID
documentation, and completing an engineer’s estimate for the total cost of the improvements.
On February 11th, 2019 the commission officially created SID #747 for the purposes of financing
the costs of improvements to Manley Road consistent with the City’s Transportation Master
Plan.
UNRESOLVED ISSUES: None
ALTERNATIVES: Disapprove
FISCAL EFFECTS: The cost of these services total $55,295.15. The costs will be paid for out
of Special Improvement District #747, and the costs for these services were included in the
estimate for the SID.
Attachment: Infrastructure Design Purchase Agreement, Preliminary Design Invoices
Report compiled on: 09/03/19
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Page 1 of 3
INFRASTRUCTURE DESIGN PURCHASE AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 2019,
by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation
organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse
Street, Bozeman, Montana, with a mailing address of P.O. Box 1230, Bozeman, MT 59771,
hereinafter referred to as “City,” DAN ALEXANDER, with a mailing address of P.O. Box 1201,
Bozeman MT 59771, hereinafter referred to as “Developer,” and ALLIED ENGINEERING
SERVICES, INC., 32 Discovery Drive, Bozeman Montana, 59718 (“Engineer”).
WHEREAS, Developer received preliminary plat approval of Glen Lake Subdivision on
March 6, 2017;
WHEREAS, a condition of preliminary plat was the construction of Manley Road to a full collector street standard where adjacent to the proposed Glen Lake Subdivision prior to final plat
approval, or in the alternative the implementation of a special improvements district (“SID”) for
Manley Road from the intersection of Manley and Griffin to the northern boundary of the City on
Manley, if approved by the City Commission and financing secured for the improvements to
Manley Road prior to final plat approval;
WHEREAS, in connection with final plat approval the Developer entered into a contract
with Engineer to prepare the preliminary design, cost estimate, and SID analysis for Manley Road
(“Preliminary Design Work”), for which Developer has paid Engineer in full; and
WHEREAS, the City desires to purchase the Preliminary Design Work and Developer
wishes to transfer the Preliminary Design Work to the City; and
WHEREAS, the City and the Developer desire to set forth the terms of their agreement in
writing.
NOW THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto
agree as follows:
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Page 2 of 3
1. Incorporation: The foregoing recitals of this Agreement are contractual and are hereby
incorporated by reference.
2. Scope of Preliminary Design Work: The Preliminary Design Work is described in the
Agreement for Professional Services between Developer and Allied dated February 26,
2018 (“Engineering Agreement”), attached hereto as Exhibit A and incorporated herein by
this reference.
3. Payment: City agrees to pay Developer $55,295.15 for the Preliminary Design Work,
payable thirty (30) days after delivery of the Preliminary Design Work to the City and
City’s acceptance in writing of the Preliminary Design Work.
4. Warranty: Developer and Engineer each warrant and represent to the City:
a. It has the right, authority, and legal capacity to enter into this Agreement.
b. It either owns, or has a legal right to use, the Preliminary Design Work, and has
the right and authority to grant all rights to the City set forth herein.
5. Ownership: To the full extent of Developer’s and Engineer’s respective intellectual
property rights in the Preliminary Design Work, Developer and Engineer each grant to the
City an unrestricted, perpetual, fully paid-up, nonexclusive, royalty-free license to the
Preliminary Design Work for use by or on behalf of the City without restriction, liability,
or obligation.
6. Indemnity: Engineer agrees to indemnify and hold City harmless from all claims and
liability due to the activities of AESI, their agents, employees, or both in performing the
work required under the Engineering Agreement to the full extent of its indemnification
obligations to Developer in the Engineering Agreement.
7. Amendment and Waiver: This Agreement may only be amended or modified by a written
agreement signed by the City and the Developer. No waiver by any party hereto of any
provision or breach of, or default under, this Agreement shall be deemed to have been made
unless the same is in writing and signed and delivered by the party charged with making
the waiver, and no waiver of any provision or breach of, or default under, this Agreement
shall be deemed a waiver of any other provision or breach of, or default under, this
Agreement.
8. Choice of Law: This Agreement shall be governed by, and interpreted under, Montana
law, without regard to conflict of law principles.
9. Severability: Each provision of this Agreement shall be considered severable and if for
any reason any provision which is not essential to the effectuation of the basic intent of this
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Agreement is determined to be invalid, such invalidity shall not impair the operation of or
effect those provisions of this Agreement which are valid.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
DEVELOPER
_______________________________________
By: Dan Alexander
Dated this ____ day of _______________, 2019
ENGINEER
____________________________________
By: Allied Engineering Services, Inc.
Dated this ____ day of _______________,
2019
CITY OF BOZEMAN
_________________________________________
By: Andrea Surratt, City Manager
Dated this ____ day of _______________, 2019
APPROVED AS TO FORM:
_________________________________________
By: Greg Sullivan, City Attorney
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