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HomeMy WebLinkAbout03-23-20 City Commission Packet Materials - C19. PSA with Morrison-Maierle for Cottonwood Rd Improvements from Oak St to Baxter Ln Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Bob Murray, Project Engineer Shawn Kohtz, City Engineer SUBJECT: Cottonwood Road Improvements from Oak Street to Baxter Lane Professional Services Agreement MEETING DATE: March 23rd, 2020 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve and authorize City Manager to sign the Professional Services Agreement with Morrison Maierle. BACKGROUND: Attached is a copy of the partially executed Professional Services Agreement with Morrison Maierle for the Cottonwood Road Improvements from Oak Street to Baxter Lane Project. The document is in the City’s standard format. These services were procured through the City’s consultant selection process. A Request for Proposals was published in the Bozeman Daily Chronicle on October 13th and 20th, with the proposals being due on November 1st. Proposals were received from 4 firms on the project which were distributed to a selection committee of 3 city employees. The written proposals were scored by the selection committee and Morrison Maierle was selected the most qualified to complete the project. The current contract is for the predesign services only. In this phase the consultant will complete the surveying, geotechnical investigation, review traffic, compete preliminary layouts of utilities, lighting, and stormwater and provide and updated project budget. Once this phase is complete and accepted, an amendment will be negotiated to add the design phase services. UNRESOLVED ISSUES: None ALTERNATIVES: As suggested by the City Commission FISCAL EFFECTS: $69,786 from the Street Impact Fee Fund (SIF141). Attachments: Professional Services Agreement Report compiled on: 3/12/20 226 PROFESSIONAL SERVICES AGREEMENTTHIS IS AN AGREEMENT made as of, between THE CITY OF BOZEMAN, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121N. Rouse Ave., Bozeman, Montana, 59771 (OWNER) and Morrison Maierle, Inc, 2880 Technolosv BlvdWest, Bozeman, Montana, 59718 (ENGINEER).Whereas the accomplishment of the work and services described in this Agreement is essential to the OWNER'Spublic works improvement program.Whereas the OWNER intends to and has selected the ENGFNEER to provide necessary and professional engineeringservices for the project.Whereas the ENGFNEER represents that it is willing and qualified to perform the professional engineering servicesfor this project described in this Agreement.Therefore, in consideration of the foregoing recitals and the mutual covenants and conditions contained herein, theparties agree as follows:ARTICLE 1 - ENGINEERING SERVICES1.1. The detailed description of the specific project components is described as follows:Extend Cottonwood Road from Oak Street to Baxter Lane and constmct a roundabout at the intersection ofBaxter Lane and Harper Puckett Road1.2. The scope of services under this contract is set forth in this Agreement and the attached EXHIBIT C-l"Cottonwood Road (Oak to Baxter) Scope of Work - Pre-Design Services" and EXHIBIT D-1 "Engineering Fee EstimateCotton Road (Oak to Baxter) - Pre-Design Services.ARTICLE 2 - ENGINEER'S RESPONSIBILITIES2.1. ENGINEER shall perform for OWNER professional engineering services in all phases of the Project to whichthis Agreement applies as heremafter provided. These services will include, but not be limited to, serving as OWNER'Sprofessional engineering representative for the Project, providing professional engineering consultation and advice andfurnishing customary civil and stoructural engineering services incidental thereto.2.2. The ENGINEER shall furnish all labor, materials, equipment, supplies, and incidentals necessary to conduct andcomplete 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 ENGrNEER shall ascertain such information as may have a bearing on the work from local units ofgovernment, public, and private organizations and shall be authorized to procure information from other authorities as tothe extent of these contacts and the results thereof.2.4. The ENGD<IEER'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 shallbe Travis Eickman, PE2.6. The ENGINEER shall name a Project Manager who shall be the liaison between the ENGINEER and theOWNER. The Project Manager shall be James Nickelson. PE _ . The OWNER may name a Task Directorwho would be the liaison between the ENGINEER and the OWNER during the design segment of the Project.1227 2.7. The ENGINEER shall submit an estimated progress schedule at the beginning of the work, and monthly progressreports thereafter until the project is completed.ARTICLE 3 - OWNER'S RESPONSIBILITIES3.1 The OWNER shall name a Task Director who shall be the liaison between the ENGINEER and the OWNERduring DESIGN segment of the Project. The Task Director designated shall be Bob Murray. Jr.. PE.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 existingconfiguration 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-constmction conferences, constructionprogress and other job related meetings, substantial completion inspections and final payment inspections.ARTICLE 4 - BASIC ENGINEERING SERVICESThe ENGINEER shall render professional Engineering Services as follows:4.1 PRE-DESIGN INVESTIGATION PHASEAfter written authorization to proceed, ENGINEER shall:4.1.1 Consult with OWNER to clarify and define OWNER'S requirements for the Project and reviewavailable data.4.1.2 Advise OWNER as to the necessity of OWNER'S providing or obtaining from others, data or servicesand assist OWNER in obtaining such data or services.4.1.3 Identify and analyze requirements of governmental authorities having jurisdiction to approve the designof 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 ofprospective sites and solutions.4.1.5. Provide a general economic analysis of OWNER'S requirements applicable to various alternatives.4.1.7. Prepare a Report containing schematic layouts, sketches and conceptual design criteria withappropriate exhibits to indicate clearly the considerations involved (including applicable requirements ofgovernmental authorities having jurisdiction as aforesaid) and the alternative solutions available toOWNER and setting forth ENGINEER'S findings and recoiiunendations. This Report will be accompaniedby ENGDSTEER's opinion of probable costs for the Project, including the following which will be separatelyitemized: Construction Cost, allowance for engineering costs and contingencies, and (on the basis ofinfonnation furnished by OWNER) allowances for such other items as charges of all other professionalsand consultants, for the cost of land and hghts-of-way, for compensation for or damages to properties, forinterest and financing charges and for other services to be provided by others for Owner. The total of allsuch costs, allowance, etc. are hereinafter called "Total Project Costs".4.1.8. Furnish 3 copies and an electronic copy of the Study and Report documents and review them inperson with OWNER.2228 The Pre-design Investigation Phase will be completed and submitted withm 60 calendar days following writtenauthorization from OWNER to ENGINEER to proceed with that phase of services.4.2PRELIMINARY DESIGN PHASE - NOT USED4.3FINAL DESIGN PHASE - NOT USED4.4BTODING OR NEGOTIATING PHASE - NOT USED4.5CONSTRUCTION PHASE - NOT USED4.6.PROJECT DOCUMENTATION - NOT USED4.7.CONSTRUCTION TESTING - NOT USEDARTICLE 5 - ADDITIONAL SERVICES5.1. If OWNER wishes ENGINEER to perform any of the following Additional Services, OWNER shall so instructENGHSTEER in writing, and ENGINEER shall perfonn or obtain from others such services and will be paid therefor asprovided in this Agreement:5.1.1. Legal land sm-veys perfonTied 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 thoserequired under Basic Services; preparation or review of environmental studies and related services; andassistance in obtainmg environmental approvals.5.1.3. Services resulting from significant changes in the general scope, extent or character of the Project ormajor changes in documentation previously accepted by OWNER where changes are due to causes beyondENGINEER'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 this Agreement, including services normallyfurnished by the OWNER as elsewhere herein described.5.1.7. Furnishing the services of independent professional associates or consultants for other than BasicServices.5.2. When required by the Contract Documents in circumstances beyond ENGINEER'S control, ENGFNEER shallperform or obtain from others any of the following Additional Services as circumstances require during construction andwithout waiting for specific instmctions from OWNER, and ENGDSJEER will be paid therefor as provided in thisAgreement:5.2.1. Services in connection with work directive changes and change orders to reflect the changes requestedby OWNER if the resulting change in compensation for Basic Services is not commensurate with the additionalservices rendered.3229 5.2.2. Services in making revisions to Drawings and Specifications occasioned by the OWNER'S acceptanceof substitutions proposed by Contractors); services after the award of each contract in evaluating anddetermining the acceptability of an unreasonable or excessive number of substitutions proposed by Contractor;and evaluating an unreasonable or extensive number of claims submitted by Contractors) or others in connectionwith the work.5.2.3. Services resulting from significant delays, changes or price increases occurring as a direct result ofmaterials, equipment or energy shortages.5.2.4. Additional or extended services during construction made necessary by (1) work damage by fire orother causes during construction, (2) a significant amount of defective or neglected work of any Contractor, (3)acceleration of the progress schedule involving services beyond normal working hours, (4) default by anyContractor.ARTICLE 6 - COMPENSATION FOR ENGIN^ERINGSERVICE6.1LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER6.1.1 Payment. The OWNER shall for design phase services performed as Basic Engineering Services undersection 4.1ofthis Agreement pay a total sum in the amount of $ 69.786.00 for such services.6.1.2 Payment Schedule. Total cumulative payments for the design phase engineering services (section 4.1)shall not exceed the following ceilings:$, 55,823(80% of design fee) until the Pre-Design Report has been submitted to the OWNER.$ 69.786(100% of design fee) until the Final Pre-Design Report is accepted by the OWNER.6.26.1.3 General. Engineer shall submit monthly statements for services rendered. The statements shall bebased 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 pursuantto the payment provisions of this Agreement.6.1.4 Reimbursable Expenses. Only those expenses specifically identified for payment under section 6.2 ofthis Agreement are reimbursable. All other design related expenses are included in the Lump Sum Payment forthe Basic services (4.1 through 4.4) and are not separately reimbursable. Additional Services specificallyidentified under the scope of design services for payment under 6.1 are not separately reimbursable.DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER.Construction and project documentation services performed as Additional Services under section 5 shall be compensatedin accordance with the following:6.2.4 The OWNER shall pay an amount for Additional Services rendered by the ENGDMEER and approvedin writing by the OWNER on the basis of the ENGINEER'S Direct Labor Costs times a factor of 3.44 oran amount otherwise negotiated at the time such services are requested and approved by the OWNER.ARTICLE 7 - MEANING OF TERMS7.1 AGREEMENTAs used herein the term "this Agreement" refers to the contents of this document and its Exhibits attached hereto andreferred to as if they were part of one and the same document.4230 7.2CONSTRUCTION COSTSThe construction cost of the entire Project (herein refen-ed to as "Construction Cost") means the total cost to OWNER ofthose portions of the entire Project designed and specified by ENGINEER, but it will not include ENGINEER'Scompensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, properties unless thisAgreement so specifies, nor will it include OWNER'S legal, accounting, insurance counseling or auditing services, orinterest and financing charges incurred in connection with the Project or the cost of other services to be provided by othersto OWNER.7.3DIRECT LABOR COSTSDirect Labor Costs used as a basis for payment mean the actual salaries and wages paid to all ENGINEER'S personnelengaged 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 costsor fringe benefits. For the purposes of this Agreeinent the principals and employees of the ENGINEER maximum billableDirect Labor Costs are:Principal $70.00/hourSupervising Engineer III $65.00/hourSupervising Engineer II $58.00/hourSenior Engineer II $50.00/hourSenior Engineer I $47.00/hourDesign Engineer II $43.00AourDesign Engineer I $39.00/hourEngineer Intern II $34.00/hourEngineer Intern I $30.00/hourEnvironmental Scientist II $35.00/hourCAD Designer $38.00/hourCAD Tech II $27.00/hourCAD Tech I $22.00/hourAdministrative Coordinator $22.00/hourLand Surveyor IV $42.00/hourLand Surveyor II $35.00/hourSurvey Technician III $27.00/hourTechnical Intern $20.00/hour7.4REIMBURSABLE EXPENSESReimbursable Expenses mean the actual expenses incurred by ENGDsTEER or ENGINEER'S independent professionalassociates or consultants directly in connection with the Project, such as expenses for: transportation and subsistenceincidental thereto; obtaining bids or proposals from Contractors); subsistence and fa-ansportation of Resident ProjectRepresentatives 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 requiringhigher than regular rates. In addition, when compensation for Basic Services is on the basis of Direct Labor Costs methodof payment, Reimbursable Expenses will also include the amount billed to ENGINEER by special consultants employedby ENGBSTEER and authorized by OWNER (other than as an authorized Additional Services) and will also includeexpenses incurred for computer time and other specialized equipment, including an appropriate charge for previouslyestablished programs and expenses of photographic production techniques.ARTICLE 8 - PAYMENT PROVISIONS5231 8.1 TIMES OF PAYMENTS. ENGINEER may submit monthly statements for Basic Services and approvedAdditional Services rendered and for Reimbursable Expenses incuired; however, payments shall not exceed the ceilingsprovided in 6.1 and 6.2. Final payment shall be made only after acceptance of the project by the OWNER. If OWNERdisputes the amount of the billing, OWNER will notify the ENGWEER in writing within ten (10) calendar days of thereceipt of bill of the dispute.8.2 REQUESTS FOR PAYMENT. Each request for payment shall include a documentation summary of theperiod 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 andbilled separately.8.3 PAYMENT UNDER TERMINATION. In the event of termination by the OWNER upon the completion of anyphase of the Basic Services, progress payments due ENGBMEER for services rendered through such phase shall constitutetotal payment for such services. In the event of such termination by OWNER during any phase of the Basic Services,ENGFNEER also will be reimbursed for the charges of pre-approved independent professional associates and consultantsemployed by ENGDSTEER to render Basic Services, and paid for services rendered during that phase on the basis of thepayment 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 CONSmERATIONS9.1 TERMINATION OF AGREEMENT9.1.1 The sole right is hereby reserved to the OWNER to terminate this Engineering Agreement for any andall 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 forin this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformedservices or other work, and (2) any payment due to the ENGINEER at the time of termination may be adjusted tocover any additional costs to the OWNER because of the ENGDSTEER's default. If termination for convenienceis 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 tothe ENGINEER for services rendered and expenses incurred prior to the termination, in addition to terminationsettlement costs reasonably incurred by the ENGINEER relating to commitments which had become firm prior tothe termination.9.1.3 Upon receipt of a termination action under paragraph 9.1.2, the ENGINEER shall (1) promptlydiscontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available tothe OWNER within ten (10) days copies of all data, design drawings, specifications, reports, estimates,summaries and such other information and materials as may have been accumulated by the ENGINEER inperforming this Agreement, whether completed or in process.9.1.4 In the event this Contract is terminated prior to completion, the original copies of the ENGINEER'Sdata, recommendations, plans, specifications, analysis and other related documents prepared by the ENGINEERprior 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 tocomplete 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.9.2INSPECTION AND AUDIT6232 All books, papers, records, payrolls, vouchers and invoices relating to costs and expenditures incurred as to theperformance of the services by the ENGINEER hereunder shall be made available to the OWNER, or their authorizedrepresentatives for audit and review, at the ENGINEER'S respective offices at all reasonable times during the contractperiod and for three years from the date of final payment.9.3EMPLOYMENTThe 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 anycompany 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.For breach or violation of this warranty, the OWNER shall have the right to annul the Contract without liability or in itsdiscretion 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 theENGINEER shall be considered employees of the ENGINEER only and not of the OWNER.9.4NONDISCRIMINATIONThe ENGINEER agrees that all hiring by ENGINEER of persons performing this Agreement shall be on the basis of meritand qualifications.The ENGINEER will have a policy to provide equal employment opportunity in accordance with all applicable state andfederal anti-discrimination laws, regulations, and contracts.The ENGFNEER will not refuse employment to a person, bar a person from einployment, or discriminate against a personin 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 mentaldisability, except when the reasonable demands of the position require an age, physical or mental disability, marital statusor sex distinction.The ENGESTEER shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, UnitedStates Code, and all regulations promulgated thereunder.The ENGINEER shall require these nondiscrimination terms of its sub-consultants providing services under thisagreement.9.5 SUBLETTING OR ASSIGNING OF WORKThe ENGINEER shall not sublet or assign any of the work covered herein without prior written approval of the OWNER.9.6STANDARD OF CAREIn providing services under this agreement, the ENGINEER will perform in a manner consistent with the degree of careand skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If anyservice 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 oradditions to the project which are made necessary as a result of the initial non-performance or the re-performance ofservices. The OWNER'S rights herein are in addition to any other remedies the OWNER may have under the law.9.7LEGAL RELATIONS:7233 9.7.1 The ENGINEER shall, consistent with the standard care, comply with those Federal, State, and Locallaws and ordinances applicable to the work to be done.9.7.2 The ENGINEER agrees to defend, indemnify and hold hannless the OWNER, its officers, directors,agents and employees from and against any suit, cause of action, claim, cost, expenses, obligation and liability ofany character, including attorney's fees, which is brought or asserted for any bodily injury, death, or physicaldamage to property received or sustained by any person, persons, property, business or any other entity, arisingout of or resulting from, or in connection with the ENGINEER'S negligent performance of the work specified inthis 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 inany action where the OWNER'S alleged liability arises from the negligent performance of the ENGINEER'Swork herein described. The obligations of the ENGINEER to defend, indeirmify and hold haniiless the OWNERwill apply to any suit, cause of action, claim, cost or obligation including, without limitation, those alleged underthe 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 aplaintiff or plaintiffs in any lawsuit, the ENGINEER will be responsible for only those damages, costs, orliabilities as are attributable to the ENGINEER'S percent of fault as compared with 100% of the fault giving riseto the damages. Should the OWNER be found responsible for negligence by its own officers, directors, agents oremployees, then in that event the OWNER agrees to reimburse the ENGINEER for the reasonable attorney's feesand costs incurred in any defense of the OWNER in an amount proportional to the fault attributed to theOWNER. The indemnity required herein shall not be limited by reason of the specification of any particularinsurance coverage in this Agreement.9.7.5 Should either OWNER or ENGINEER be held responsible, for any damages, costs or liabilitiesresulting from intentional misconduct by any officer, director, agent or employee in connection with the workspecified in this Agreement, then in that event, that party shall indemnify and hold harmless the other as to anydamages, costs or liabilities that result from or arise out of that intentional misconduct, including reasonableattorney'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 todefend 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 oremployee, then OWNER agrees to reimburse ENGINEER for the reasonable attorney's fees and costs incurred inany defense of the OWNER.9.7.6 The ENGINEER shall perform this agreement as an independent contractor, and as such, is responsibleto the OWNER only as to the results to be obtained in the work herein specified, and to the extent that the workshall be done in accordance with the terms, plans and specifications. The ENGINEER shall have and maintaincomplete control over all of its employees, subcontractors, agents and operations, being responsible for anyrequired payroll deductions and providing required benefits, such as, but not limited to worker's compensationwith statutory limits, and unemployment insurance.9.8 INSURANCEThe ENGINEER shall secure and furnish to the OWNER certificate of insurance, therein, naming the OWNER as anadditional insured, to include thirty (30) days notice of cancellation or non-renewal.Without limiting any of ENGINEER'S obligations hereunder, ENGDSTEER shall secure and maintain, until the work iscompleted and accepted by the OWNER, insurance coverage naming the OWNER as additional insured with minimuminsurance coverage as follows:Type of CoverageEmployers' Liability:Limits$ 1,000,000. per accident8234 General Liability:Bodily Injury & Propertv DamageSingle and combinedGeneral Aggregate:Excess Liability Coverage (umbrella)Automobile:Bodily Injury covering allautomobiles, trucks,tractors, trailers, orother automotive equip-ment whether owned orrented by Engineer orowned by employees ofEngineer.Property Damage coveringall automobiles, tmcks,tractors, trailers or otherautomotive equipment whetherowned or rented by Engineeror owned by employees ofEngineerOR$ 1,000,000. per accident$ 2,000.000.$1,000,000. each occurrenceS 1,000.000 each person$ 1.000,000 each occurrence$ 1,000,000 each occurrenceBodily Injury & PropertyDamage Single and combined$1,000,000 each occuiTenceIn addition to the above insurance coverage, the ENGINEER shall secure and maintain, until the work is completed andaccepted by the OWNER, and without naming OWNER as an additional insured, professional errors and omissionscoverage as follows:Professional Errors & Oinissions:$ 1,000,000 per claim andaggregate each occurrence9.9 ENDORSEMENTThe ENGINEER shall place his endorsement on all drawings and other data furnished by him.9.10 OWNERSHIP OF DOCUMENTSThe parties admit and agree the documents produced under this agreement are not intended or represented to be suitablefor reuse by OWNER or any other individual on any other project. Any reuse without written verification or adaptation byENGINEER will be at OWNER'S sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER'Sindependent professional associates or consultants. Files in electronic media format of text, data, graphics, or of othertypes that are furnished by ENGINEER to OWNER are only for convenience of owner. Any conclusion or informationobtained or derived from such electronic files will be at the user's sole risk.9235 9.11 PUBLIC INFORMATIONThe ENGINEER shall not issue any statements, releases or information for public dissemination without prior approval ofthe OWNER.9.12 PROPRIETARY RIGHTSIf patentable discoveries or inventions should result from work required herein, all rights accming from such discoveriesor inventions shall be joint property of the ENGINEER and the OWNER. Provided that the OWNER, state agencies orpolitical subdivisions and the United States Government shall have the irrevocable, nonexclusive, nontransferable androyalty-free license to use each invention in the manufacture, use and disposition, according to law, of any article ormaterial, and in the use of any method that may be developed as part of the work described and contemplated herein.9.13 RECORDSThe ENGINEER shall maintain accounting records and other evidence pertaining to the cost incurred and to make therecords available at all reasonable times during the Contract ten-n 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 by9.14 SUCCESSORS IN INTERESTThe covenants, agreements and all statements in this Contract apply to and shall be binding on the heirs, personalrepresentatives, successors and assigns of the respective parties.9.15 ATTORNEY'S FEES AND COSTSThat in the event it becomes necessary for either Party of this Contract to retain an attorney to enforce any of the terms orconditions of this Contract or to give any notice required herein, then the prevailing Party or the Party giving notice shallbe entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include CityAttorney.9.16 MODIFICATIONS AND AMENDMENTSThat any amendment or modification of this Contract or any provisions herein shall be made in writing or executed in thesame 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 ENGINEERBY:BY:^--2^2-<^^-<(City Manager)^ (Vice- President)DATE:DATE:_^//^./^.oATTEST:BY:(City Clerk)10236 •S Morn?oni Maierleengineers • surveyors * planners • scientistsEXHIBIT C-1Cottonwood Road (Oak to Baxter)Scope of Work - Pre-Design ServicesMarch 3, 2020The intent of the pre-design phase is to identify design solution concepts, determine approximaterights-of-way requirements, document project parameters for use in the preliminary design phaseof the project, and to estimate construction costs for the project.Task 1.1- Project PlanningThis task includes initial project planning activities to develop scope and budget.Task 1.2 - Survey and ResearchThis task includes updating and expanding our survey database for the project area. Subtasksinclude the following:Boundary researchField survey to find property corners and set additional control• Expand our topographic survey database to cover probable areas of disturbanceProcessing field data and developing a base map for design purposesNote: Due to snow cover it is anticipated that some minor topographic survey needs will bedelayed until the preliminary design phase. We will request assistance from the City inobtaining permission to survey parcels that the City's right of way agent is working on.Task 1.3 - Traffic DesignThis task is limited to making recommendations for the configuration of left hand turn baysentering the Sports Park and Northwest Crossing.1237 Task 1.4 - Roadway DesignThis task includes schematic roadway design to determine roadway parameters.include the following:Subtasks• Horizontal and Vertical Alignment - The horizontal alignment of the roadway will bedetermined and documented. An approximate vertical alignment will be developed for usein other pre-design tasks as well as to establish approximate right of way needs.• Typical Sections - The typical sections for the roads will be confirmed based on the 2015Durston and Cottonwood Road Improvement Project Traffic Engineering Report.Intersection Geometries - The geometry of the roundabout will be confirmed based on the2015 Durston and Cottonwood Road Improvement Project Traffic Engineering Report.Signing and Striping - These elements of the project will be minimally developed in orderto determine approximate project costs.Pedestrian and Bicycle Facilities - The concept for these facilities will be based on the2015 Durston and Cottonwood Road Improvement Project Traffic Engineering Report.Task 1.5 - Corridor Lighting and HAWK SignalsThis task is limited to compiling an initial layout for these parts of the project in order to develop aconstruction cost estimate. We have limited this pre-design task due to the potential changes inthe City's lighting standards.Task 1.6 - Stormwater DesignThis task includes preparing a schematic stormwater solution and developing preliminarystormwater calculations in order to size and locate stormwater facilities for the project. The intentis to allow for construction costs to be developed and approximate right of way needs determined.Task 1.7 - Water Layout and Sewer/Dry Utility Conflict ReviewThis task includes the layout of the proposed water main. A review of the existing sewerinfrastructure will be completed to determine what adjustments are needed to manhole structuresand what sewer main stubs are recommended. A review of the gas, electric, and communicationfacilities within the corridor will be completed and potential conflicts identified. Recommendationsfor a limited subsurface utility investigation will be developed.Task 1.8 - Geotechnical InvestigationThis task will include a geotechnical investigation and recommendations for the projectimprovements.2238 Task 1.9 - Pre-Design MemoThis task will develop a pre-design memo that outlines project parameters, identifies approximateright of way needs, and provides a project cost estimate. One meeting is scheduled with CityEngineering staff to go over preliminary project parameters before issuing a draft of the pre-designreport.Task 1.10- Quality AssuranceThis task includes budget for senior staff to provide quality assurance reviews of the workproducts.3239 EXHIBIT D-1 - Engineering Fee EstimateCottonwood Road (Oak to Baxter) - Pre-Design ServicesMorrisoniMaierleSTAFF HOUR ESTIMATETASK TOTAL SUPERVISING SUPERVISING SENIOR DESIGN ENV LAND LAND SURVEY CADD TOTAL COSTEXPENSES HOURS ENGINEER III ENGINEER II ENGINEER I ENGINEER I SCIENTIST II SURVEYOR IV SURVEYOR II CREW DRAFTER CLERICAL FOR TASKPre-DesignTask 1.1 Project PlanningProject Scoping and SetupMiscellaneous Expense8JE_Total for TaskTask 1.2 - Survey and ResearchBoundary ResearchBoundary and Control SurveyTopographic Sun/eyData Processing and Base Map PreparationSu^/ey EquipmentMiscellaneous Expense$1,6084420254441441616Total for TaskTask 1.3. Traffic DesignLimited to Turn Bay RecommendationsMiscellaneous Expense$A.7201008205364g1616T8,6966Total for TaskTask 1.4 Roadway DesignProject CoordinationHorizontal and Vertical AlignmentTypical SectionsIntersection GeometriesSigning and StripingPedestrian and Bicycle FacilitiesConcept Design DrawingsMiscellaneous Expense662653455346$81624221121211644201241612500Total for TaskTask 1.5 Corridor Lighting and HAWK SignalsLighting LayoutElectrical LayoutConcept Design DrawingsMiscellaneous Expense-500-10Q_^11512127T112-5744$16,64912126Total for TaskTask 1.6 Stormwater DesignProject CoordinationPreliminary Stormwater CalculationsPreliminary Stormwater DesignConcept Design DrawingsMiscellaneous Expense~wo100312243212^2304,3812424884Total for Task$Task 1.7 Water Layout and Sewer/Dry Utility ConflictsProject CoordinationPreliminary Water LayoutSewer and Dry Utility Conflict ReviewConcept Design DrawingsMiscellaneous Expense _$^10010070210168225641641264$10,442Total for TaskTask 1.8 Geotechnical InvestigationProject CoordinationGeotechnical Investigation and ReportMiscellaneous Expense$$j_1004,000364222410$5,2722Total for TaskTask 1.9 Pre-Design MemoProject CoordinationMeetingPre-Design Memo Exhibits (effort with other tasks)Construction Cost EstimatePre-Design Memo PreparationMiscellaneous Expense4,00046164820224222$4,8024822440848J_388Total for TaskTask 1.10 Quality AssuranceQuality AssuranceMiscellaneous Expense$A.388509012101216524814,658Total for TaskSUBTOTAL OF STAFF HOURS REQUIRED$5012425,12392,4622819340_9_81882_8_HOURLY PAY RATEMULTIPLIERHOURLY LABOR COSTLABOR COST BY POSITIONITOTAL LABOR:ITOTAL EXPENSESITOTAL COST OF PHASE:$65.00 $ 58.00 $ 47.00 $ 39.00 $3.45 3.45 3.45 3.45$ 224.25 $ 200.10 $ 162.15 $ 134.55 $$7,839 $5,348 $29,915 $5,44035.00 $ 42.00 $ 35.00 $ 55.00 $ 32.00 $ 22.003.45 3.45 3.45 3.45 3.45 3.45120.75 $ 144.90 $ 120.75 $ 189.75 $ 110.40 $ 75.90$1,296 $1,080 $3,600 $8,610 $600$$63,7286,05869,786$69,786Page 1240