HomeMy WebLinkAbout20- Professional Services Agreement - Morrison Maierle, Inc. - Cottonwood Road Improvements from Oak St to Baxter Ln Project PROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made as of m" d 100>0 ,between THE CITY OF BOZEMAN, a self-
governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121
N.Rouse Ave.,Bozeman,Montana,59771 (OWNER)and Morrison Maierle, Inc. 2880 Technology Blvd
West,Bozeman, Montana,59718(ENGINEER).
Whereas the accomplishment of the work and services described in this Agreement is essential to the OWNER'S
public works improvement program.
Whereas the OWNER intends to and has selected the ENGINEER to provide necessary and professional engineering
services for the project.
Whereas the ENGINEER represents that it is willing and qualified to perform the professional engineering services
for this project described in this Agreement.
Therefore, in consideration of the foregoing recitals and the mutual covenants and conditions contained herein, the
parties agree as follows:
ARTICLE 1-ENGINEERING SERVICES
1.1. The detailed description of the specific project components is described as follows:
Extend Cottonwood Road from Oak Street to Baxter Lane and construct a roundabout at the intersection of
Baxter Lane and Harper Puckett Road
1.2. The scope of services under this contract is set forth in this Agreement and the attached EXHIBIT C-1
"Cottonwood Road(Oak to Baxter)Scope of Work—Pre-Design Services"and EXHIBIT D-I "Engineering Fee Estimate
Cotton Road(Oak to Baxter)—Pre-Design Services.
ARTICLE 2-ENGINEER'S RESPONSIBILITIES
2.1. ENGINEER shall perform for OWNER professional engineering services in all phases of the Project to which
this Agreement applies as hereinafter provided. These services will include,but not be limited to, serving as OWNER's
professional engineering representative for the Project, providing professional engineering consultation and advice and
furnishing customary civil and structural engineering services incidental thereto.
2.2. The ENGINEER shall furnish all labor,materials,equipment,supplies,and incidentals necessary to conduct and
complete the ENGINEER'S portions of the Project and to prepare and deliver to the OWNER all data, reports, plans,
specifications,and recommendations as designated herein.
2.3. The ENGINEER shall ascertain such information as may have a bearing on the work from local units of
government,public,and private organizations and shall be authorized to procure information from other authorities as to
the extent of these contacts and the results thereof.
2.4. The ENGINEER'S work shall be in accordance with the standards of sound engineering practices.
2.5. The ENGINEER shall name a Principal-In-Charge for the duration of the project. The Principal-In-Charge shall
be Travis Eickman,PE
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2.6. The ENGINEER shall name a Project Manager who shall be the liaison between the ENGINEER and the
OWNER. The Project Manager shall be James Nickelson,PE .The OWNER may name a Task Director
who would be the liaison between the ENGINEER and the OWNER during the design segment of the Project.
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2.7. The ENGINEER shall submit an estimated progress schedule at the beginning of the work,and monthly progress
reports thereafter until the project is completed.
ARTICLE 3-OWNER'S RESPONSIBILITIES
3.1 The OWNER shall name a Task Director who shall be the liaison between the ENGINEER and the OWNER
during DESIGN segment of the Project. The Task Director designated shall be 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 existing
configuration of the city utilities.
3.4 The OWNER will be responsible for advertising bid openings.
3.5 The OWNER shall attend the pre-bid conferences, bid openings, pre-construction conferences, construction
progress and other job related meetings,substantial completion inspections and final payment inspections.
ARTICLE 4-BASIC ENGINEERING SERVICES
The ENGINEER shall render professional Engineering Services as follows:
4.1 PRE-DESIGN INVESTIGATION PHASE
After written authorization to proceed,ENGINEER shall:
4.1.1 Consult with OWNER to clarify and define OWNER's requirements for the Project and review
available data.
4.1.2 Advise OWNER as to the necessity of OWNER'S providing or obtaining from others, data or services
and assist OWNER in obtaining such data or services.
4.1.3 Identify and analyze requirements of governmental authorities having jurisdiction to approve the design
of the Project and participate in consultations with such authorities.
4.1.4. Provide analyses of OWNER'S needs, planning surveys, site evaluations and comparative studies of
prospective sites and solutions.
4.1.5. Provide a general economic analysis of OWNER's requirements applicable to various alternatives.
4.1.7. Prepare a Report containing schematic layouts, sketches and conceptual design criteria with
appropriate exhibits to indicate clearly the considerations involved (including applicable requirements of
governmental authorities having jurisdiction as aforesaid) and the alternative solutions available to
OWNER and setting forth ENGINEER's findings and recommendations. This Report will be accompanied
by ENGINEER's opinion of probable costs for the Project,including the following which will be separately
itemized: Construction Cost, allowance for engineering costs and contingencies, and (on the basis of
information furnished by OWNER) allowances for such other items as charges of all other professionals
and consultants, for the cost of land and rights-of-way, for compensation for or damages to properties, for
interest and financing charges and for other services to be provided by others for Owner. The total of all
such costs,allowance,etc.are hereinafter called"Total Project Costs".
4.1.8. Furnish 3 copies and an electronic copy of the Study and Report documents and review them in
person with OWNER.
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The Pre-design Investigation Phase will be completed and submitted within 60 calendar days following written
authorization from OWNER to ENGINEER to proceed with that phase of services.
4.2 PRELIMINARY DESIGN PHASE—NOT USED
4.3 FINAL DESIGN PHASE—NOT USED
4.4 BIDDING OR NEGOTIATING PHASE—NOT USED
4.5 CONSTRUCTION PHASE—NOT USED
4.6. PROJECT DOCUMENTATION—NOT USED
4.7. CONSTRUCTION TESTING—NOT USED
ARTICLE 5-ADDITIONAL SERVICES
5.1. If OWNER wishes ENGINEER to perform any of the following Additional Services, OWNER shall so instruct
ENGINEER in writing, and ENGINEER shall perform or obtain from others such services and will be paid therefor as
provided in this Agreement:
5.1.1. Legal land surveys performed to obtain data for preparing easements and rights-of-way descriptions.
5.1.2. Preparation of applications and supporting documents for governmental agencies in addition to those
required under Basic Services; preparation or review of environmental studies and related services; and
assistance in obtaining environmental approvals.
5.1.3. Services resulting from significant changes in the general scope, extent or character of the Project or
major changes in documentation previously accepted by OWNER where changes are due to causes beyond
ENGINEER's control.
5.1.4. Providing renderings or models.
5.1.5. Preparing documents for alternate bids requested by OWNER for work not executed or for out-of-
sequence work.
5.1.6. Providing other services not otherwise provided for in this Agreement, including services normally
furnished by the OWNER as elsewhere herein described.
5.1.7. Furnishing the services of independent professional associates or consultants for other- than Basic
Services.
5.2. When required by the Contract Documents in circumstances beyond ENGINEER's control, ENGINEER shall
perform or obtain from others any of the following Additional Services as circumstances require during construction and
without waiting for specific instructions from OWNER, and ENGINEER will be paid therefor as provided in this
Agreement:
5.2.1. Services in connection with work directive changes and change orders to reflect the changes requested
by OWNER if the resulting change in compensation for Basic Services is not commensurate with the additional
services rendered.
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5.2.2. Services in making revisions to Drawings and Specifications occasioned by the OWNER'S acceptance
of substitutions proposed by Contractor(s); services after the award of each contract in evaluating and
determining the acceptability of an unreasonable or excessive number of substitutions proposed by Contractor;
and evaluating an unreasonable or extensive number of claims submitted by Contractor(s)or others in connection
with the work.
5.2.3. Services resulting from significant delays, changes or price increases occurring as a direct result of
materials,equipment or energy shortages.
5.2.4. Additional or extended services during construction made necessary by (1) work damage by fire or
other causes during construction,(2) a significant amount of defective or neglected work of any Contractor, (3)
acceleration of the progress schedule involving services beyond normal working hours, (4) default by any
Contractor.
ARTICLE 6-COMPENSATION FOR ENGINEERING SERVICE
6.1 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER
6.1.1 Payment. The OWNER shall for design phase services performed as Basic Engineering Services under
section 4.1 of this 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.
6.1.3 General. Engineer shall submit monthly statements for services rendered. The statements shall be
based upon Engineer's estimate of the proportion of the total services actually completed at the time of billing,
subject to any limitations on Payments based on completion of tasks or specific retainage requirements pursuant
to the payment provisions of this Agreement.
6.1.4 Reimbursable Expenses. Only those expenses specifically identified for payment under section 6.2 of
this Agreement are reimbursable. All other design related expenses are included in the Lump Sum Payment for
the Basic services (4.1 through 4.4) and are not separately reimbursable. Additional Services specifically
identified under the scope of design services for payment under 6.1 are not separately reimbursable.
6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER.
Construction and project documentation services performed as Additional Services under section 5 shall be compensated
in accordance with the following:
6.2.4 The OWNER shall pay an amount for Additional Services rendered by the ENGINEER and approved
in writing by the OWNER on the basis of the ENGINEER'S Direct Labor Costs times a factor of 3.44 ,or
an amount otherwise negotiated at the time such services are requested and approved by the OWNER.
ARTICLE 7-MEANING OF TERMS
7.1 AGREEMENT
As used herein the term "this Agreement" refers to the contents of this document and its Exhibits attached hereto and
referred to as if they were part of one and the same document.
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7.2 CONSTRUCTION COSTS
The construction cost of the entire Project(herein referred to as"Construction Cost")means the total cost to OWNER of
those portions of the entire Project designed and specified by ENGINEER, but it will not include ENGINEER's
compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, properties unless this
Agreement so specifies, nor will it include OWNER's legal, accounting, insurance counseling or auditing services, or
interest and financing charges incurred in connection with the Project or the cost of other services to be provided by others
to OWNER.
7.3 DIRECT LABOR COSTS
Direct Labor Costs used as a basis for payment mean the actual salaries and wages paid to all ENGINEER's personnel
engaged directly on the Project, including, but not limited to, engineers, architects, surveyors, designers, drafters,
specification writers,estimators,other technical and business personnel;but does not include indirect payroll related costs
or fringe benefits. For the purposes of this Agreement the principals and employees of the ENGINEER maximum billable
Direct Labor Costs are:
Principal $70.00/hour
Supervising Engineer III $65.00/hour
Supervising Engineer II $58.00/hour
Senior Engineer II $50.00/hour
Senior Engineer I $47.00/hour
Design Engineer II $43.00/hour
Design Engineer I $39.00/hour
Engineer Intern II $34.00/hour
Engineer Intern I $30.00/hour
Environmental Scientist II $35.00/hour
CAD Designer $38.00/hour
CAD Tech II $27.00/hour
CAD Tech I $22.00/hour
Administrative Coordinator$22.00/hour
Land Surveyor IV $42.00/hour
Land Surveyor II $35.00/hour
Survey Technician III $27.00/hour
Technical Intern $20.00/hour
7.4 REIMBURSABLE EXPENSES
Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's independent professional
associates or consultants directly in connection with the Project, such as expenses for: transportation and subsistence
incidental thereto; obtaining bids or proposals from Contractor(s); subsistence and transportation of Resident Project
Representatives and their assistants;toll telephone calls and telegrams;reproduction of reports,Drawings, Specifications,
Bidding Documents and similar Project-related items; and if authorized in advance by OWNER,overtime work requiring
higher than regular rates. In addition,when compensation for Basic Services is on the basis of Direct Labor Costs method
of payment,Reimbursable Expenses will also include the amount billed to ENGINEER by special consultants employed
by ENGINEER and authorized by OWNER (other than as an authorized Additional Services) and will also include
expenses incurred for computer time and other specialized equipment, including an appropriate charge for previously
established programs and expenses of photographic production techniques.
ARTICLE 8-PAYMENT PROVISIONS
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8.1 TIMES OF PAYMENTS. ENGINEER may submit monthly statements for Basic Services and approved
Additional Services rendered and for Reimbursable Expenses incurred; however, payments shall not exceed the ceilings
provided in 6.1 and 6.2. Final payment shall be made only after acceptance of the project by the OWNER. If OWNER
disputes the amount of the billing, OWNER will notify the ENGINEER in writing within ten (10) calendar days of the
receipt of bill of the dispute.
8.2 REQUESTS FOR PAYMENT. Each request for payment shall include a documentation summary of the
period incremental man howl incurred,direct labor rates and billed rates,detail of reimbursable costs,total period billing,
and total cumulative billing. When requested by OWNER services for distinct project segments shall be accounted and
billed separately.
8.3 PAYMENT UNDER TERMINATION. In the event of termination by the OWNER upon the completion of any
phase of the Basic Services,progress payments due ENGINEER for services rendered through such phase shall constitute
total payment for such services. hi the event of such termination by OWNER during any phase of the Basic Services,
ENGINEER also will be reimbursed for the charges of pre-approved independent professional associates and consultants
employed by ENGINEER to render Basic Services, and paid for services rendered during that phase on the basis of the
payment provisions of the Agreement. In the event of any such termination, ENGINEER will be paid for unpaid pre-
approved Additional Services and unpaid Reimbursable Expenses which are authorized under this agreement.
ARTICLE 9-GENERAL CONSIDERATIONS
9.1 TERMINATION OF AGREEMENT
9.1.1 The sole right is hereby reserved to the OWNER to terminate this Engineering Agreement for any and
all causes or for its convenience at any time upon fifteen(15)days written notice to the ENGINEER.
9.1.2 If termination for default is effected by the OWNER,an equitable adjustment in the price provided for
in this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed
services or other work,and(2)any payment due to the ENGINEER at the time of termination may be adjusted to
cover any additional costs to the OWNER because of the ENGINEER's default. If termination for convenience
is effected by the OWNER, the equitable adjustment shall include a reasonable profit, as determined by owner,
for services or other work performed. The equitable adjustment for any termination shall provide for payment to
the ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination
settlement costs reasonably incurred by the ENGINEER relating to commitments which had become firm prior to
the termination.
9.1.3 Upon receipt of a termination action under paragraph 9.1.2, the ENGINEER shall (1) promptly
discontinue all affected work(unless the notice directs otherwise),and(2)deliver or otherwise make available to
the OWNER within ten (10) days copies of all data, design drawings, specifications, reports, estimates,
summaries and such other information and materials as may have been accumulated by the ENGINEER in
performing 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'S
data,recommendations,plans,specifications,analysis and other related documents prepared by the ENGINEER
prior to said termination shall be delivered to and become the property of the OWNER.
9.1.5 Upon termination,the OWNER may take over the work and may award another party an Agreement to
complete the work under this Agreement.
9.1.6 OWNER'S right to terminate is in addition to any other remedies OWNER may have under the law.
9.2 INSPECTION AND AUDIT
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All books, papers, records, payrolls, vouchers and invoices relating to costs and expenditures incurred as to the
performance of the services by the ENGINEER hereunder shall be made available to the OWNER, or their authorized
representatives for audit and review, at the ENGINEER'S respective offices at all reasonable times during the contract
period and for three years fi•om the date of final payment.
9.3 EMPLOYMENT
The ENGINEER warrants that he has not employed or retained any company or persons,other than a bona fide employee,
working solely for the ENGINEER, to solicit to secure this contract, and that he has not paid or agreed to pay any
company or person,other than bona fide employees working solely for the ENGINEER,any fee,commission,percentage,
brokerage fee, gifts or any other considerations contingent upon or resulting from the award or making of this Contract.
For breach or violation of this warranty,the OWNER shall have the right to annul the Contract without liability or in its
discretion to deduct from the price or consideration or otherwise recover the full amount of such fee, commission,
percentage,brokerage fee,gift or contingent fee.
All employees of the ENGINEER or other persons while engaged in the performance of work or services required by the
ENGINEER shall be considered employees of the ENGINEER only and not of the OWNER.
9.4 NONDISCRIMINATION
The ENGINEER agrees that all hiring by ENGINEER of persons performing this Agreement shall be on the basis of merit
and qualifications.
The ENGINEER will have a policy to provide equal employment opportunity in accordance with all applicable state and
federal anti-discrimination laws,regulations,and contracts.
The ENGINEER will not refuse employment to a person,bar a person from employment,or discriminate against a person
in compensation or in a term,condition,or privilege of employment because of race,color,religion,creed,political ideas,
sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental
disability, except when the reasonable demands of the position require an age,physical or mental disability,marital status
or sex distinction.
The ENGINEER shall be subject to and comply with Title VI of the Civil Rights Act of 1964;Section 140,Title 2,United
States Code,and all regulations promulgated thereunder.
The ENGINEER shall require these nondiscrimination terms of its sub-consultants providing services under this
agreement.
9.5 SUBLETTING OR ASSIGNING OF WORK
The ENGINEER shall not sublet or assign any of the work covered herein without prior written approval of the OWNER.
9.6 STANDARD OF CARE
In providing services under this agreement,the ENGINEER will perform in a manner consistent with the degree of care
and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any
service should be found to be not in conformance with this standard,the ENGINEER shall, at the OWNER's request,re-
perform the service at its own expense. Engineer shall also, at its own expense, make such changes, modifications or
additions to the project which are made necessary as a result of the initial non-performance or the re-performance of
services. The OWNER's rights herein are in addition to any other remedies the OWNER may have under the law.
9.7 LEGAL RELATIONS:
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9.7.1 The ENGINEER shall, consistent with the standard care, comply with those Federal, State, and Local
laws and ordinances applicable to the work to be done.
9.7.2 The ENGINEER agrees to defend, indemnify and hold harmless the OWNER, its officers, directors,
agents and employees from and against any suit,cause of action,claim,cost,expenses,obligation and liability of
any character, including attorney's fees, which is brought or asserted for any bodily injury, death, or physical
damage to property received or sustained by any person,persons,property,business or any other entity, arising
out of or resulting from,or in connection with the ENGINEER'S negligent performance of the work specified in
this agreement.
9.7.3. The ENGINEER agrees to defend, indemnify and hold harmless the OWNER, its officers, directors,
agents and employees, should OWNER, its officers,directors, agents or employees be named as a defendant in
any action where the OWNER'S alleged liability arises from the negligent performance of the ENGINEER'S
work herein described. The obligations of the ENGINEER to defend,indemnify and hold harmless the OWNER
will apply to any suit,cause of action,claim,cost or obligation including,without limitation,those alleged under
the common law or pursuant to a federal or state statute or regulation including those arising in tort, trespass,
nuisance,and strict liability.
9.7.4 In the event the OWNER is found proportionately responsible for any damages ultimately awarded to a
plaintiff or plaintiffs in any lawsuit, the ENGINEER will be responsible for only those damages, costs, or
liabilities as are attributable to the ENGINEER'S percent of fault as compared with 100%of the fault giving rise
to the damages. Should the OWNER be found responsible for negligence by its own officers,directors,agents or
employees,then in that event the OWNER agrees to reimburse the ENGINEER for the reasonable attorney's fees
and costs incurred in any defense of the OWNER in an amount proportional to the fault attributed to the
OWNER. The indemnity required herein shall not be limited by reason of the specification of any particular
insurance coverage in this Agreement.
9.7.5 Should either OWNER or ENGINEER be held responsible, for any damages, costs or liabilities
resulting fi•om intentional misconduct by any officer, director, agent or employee in connection with the work
specified in this Agreement,then in that event,that party shall indemnify and hold harmless the other as to any
damages, costs or liabilities that result from or arise out of that intentional misconduct, including reasonable
attorney's fees and costs which shall include costs and salary of the city attorney or other in-house counsel.
Further,notwithstanding the obligations set forth in paragraphs 9.7.2 and 9.7.3 above,the ENGINEER agrees to
defend OWNER where the OWNER'S alleged liability arises from intentional misconduct by the ENGINEER.
Should the OWNER be found responsible for intentional misconduct by its own officer, director, agent or
employee,then OWNER agrees to reimburse ENGINEER for the reasonable attorney's fees and costs incurred in
any defense of the OWNER.
9.7.6 The ENGINEER shall perform this agreement as an independent contractor,and as such,is responsible
to the OWNER only as to the results to be obtained in the work herein specified,and to the extent that the work
shall be done in accordance with the terms,plans and specifications. The ENGINEER shall have and maintain
complete control over all of its employees, subcontractors, agents and operations, being responsible for any
required payroll deductions and providing required benefits, such as, but not limited to worker's compensation
with statutory limits,and unemployment insurance.
9.8 INSURANCE
The ENGINEER shall secure and furnish to the OWNER certificate of insurance, therein, naming the OWNER as an
additional insured,to include thirty(30)days notice of cancellation or non-renewal.
Without limiting any of ENGINEER's obligations hereunder, ENGINEER shall secure and maintain, until the work is
completed and accepted by the OWNER, insurance coverage naming the OWNER as additional insured with minimum
insurance coverage as follows:
Type of Coverage Limits
Employers'Liability: $ 1,000,000.per accident
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General Liability:
Bodily Injuiv&Property Damage
Single and combined $ 1,000,000.per accident
General Aggregate: $2,000,000.
Excess Liability Coverage(umbrella) $1,000,000.each occurrence
Automobile:
Bodily Injury covering all $ 1,000,000 each person
automobiles,trucks,
tractors,trailers,or $ 1,000,000 each occurrence
other automotive equip-
ment whether owned or
rented by Engineer or
owned by employees of
Engineer.
Property Damage covering $ 1,000,000 each occurrence
all automobiles,trucks,
tractors,trailers or other
automotive equipment whether
owned or rented by Engineer
or owned by employees of
Engineer
OR
Bodily Injury&Property $1,000,000 each occurrence
Damage Single and combined
In addition to the above insurance coverage,the ENGINEER shall secure and maintain, until the work is completed and
accepted by the OWNER, and without naming OWNER as an additional insured, professional errors and omissions
coverage as follows:
Professional Errors&Omissions: $ 1,000,000 per claim and
aggregate each occurrence
9.9 ENDORSEMENT
The ENGINEER shall place his endorsement on all drawings and other data furnished by him.
9.10 OWNERSHIP OF DOCUMENTS
The parties admit and agree the documents produced under this agreement are not intended or represented to be suitable
for reuse by OWNER or any other individual on any other project. Any reuse without written verification or adaptation by
ENGINEER will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER's
independent professional associates or consultants. Files in electronic media format of text, data, graphics, or of other
types that are furnished by ENGINEER to OWNER are only for convenience of owner. Any conclusion or information
obtained or derived from such electronic files will be at the user's sole risk.
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9.11 PUBLIC INFORMATION
The ENGINEER shall not issue any statements,releases or information for public dissemination without prior approval of
the OWNER.
9.12 PROPRIETARY RIGHTS
If patentable discoveries or inventions should result fiom work required herein, all rights accruing from such discoveries
or inventions shall be joint property of the ENGINEER and the OWNER. Provided that the OWNER, state agencies or
political subdivisions and the United States Government shall have the irrevocable, nonexclusive, nontransferable and
royalty-free license to use each invention in the manufacture, use and disposition, according to law, of any article or
material,and in the use of any method that may be developed as part of the work described and contemplated herein.
9.13 RECORDS
The ENGINEER shall maintain accounting records and other evidence pertaining to the cost incurred and to make the
records available at all reasonable times during the Contract term and for one (1) year from the date of final payment.
Such accounting records and other evidence pertaining to the cost incurred will be made available for inspections by
OWNER.
9.14 SUCCESSORS IN INTEREST
The covenants, agreements and all statements in this Contract apply to and shall be binding on the heirs, personal
representatives,successors and assigns of the respective parties.
9.15 ATTORNEY'S FEES AND COSTS
That in the event it becomes necessary for either Party of this Contract to retain an attorney to enforce any of the terms or
conditions of this Contract or to give any notice required herein,then the prevailing Party or the Party giving notice shall
be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City
Attorney.
9.16 MODIFICATIONS AND AMENDMENTS
That any amendment or modification of this Contract or any provisions herein shall be made in writing or executed in the
same manner as this original document and shall after execution become a part of this Contract.
In witness Whereof,the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN,MONTANA ENGINEER
BY: BY:
((City Manager) (Vice-President)
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EXHIBIT C-1
Cottonwood Road (Oak to Baxter)
Scope of Work— Pre-Design Services
March 3, 2020
The intent of the pre-design phase is to identify design solution concepts, determine approximate
rights-of-way requirements, document project parameters for use in the preliminary design phase
of the project, and to estimate construction costs for the project.
Task 1.1 — Project Planning
This task includes initial project planning activities to develop scope and budget.
Task 1.2 —Survey and Research
This task includes updating and expanding our survey database for the project area. Subtasks
include the following:
• Boundary research
• Field survey to find property corners and set additional control
• Expand our topographic survey database to cover probable areas of disturbance
• Processing field data and developing a base map for design purposes
Note: Due to snow cover it is anticipated that some minor topographic survey needs will be
delayed until the preliminary design phase. We will request assistance from the City in
obtaining permission to survey parcels that the City's right of way agent is working on.
Task 1.3—Traffic Design
This task is limited to making recommendations for the configuration of left hand turn bays
entering the Sports Park and Northwest Crossing.
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Task 1.4— Roadway Design
This task includes schematic roadway design to determine roadway parameters. Subtasks
include the following:
• Horizontal and Vertical Alignment — The horizontal alignment of the roadway will be
determined and documented. An approximate vertical alignment will be developed for use
in 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 2015
Durston and Cottonwood Road Improvement Project Traffic Engineering Report.
• Intersection Geometrics—The geometry of the roundabout will be confirmed based on the
2015 Durston and Cottonwood Road Improvement Project Traffic Engineering Report.
• Signing and Striping —These elements of the project will be minimally developed in order
to determine approximate project costs.
• Pedestrian and Bicycle Facilities — The concept for these facilities will be based on the
2015 Durston and Cottonwood Road Improvement Project Traffic Engineering Report.
Task 1.5 - Corridor Lighting and HAWK Signals
This task is limited to compiling an initial layout for these parts of the project in order to develop a
construction cost estimate. We have limited this pre-design task due to the potential changes in
the City's lighting standards.
Task 1.6 — Stormwater Design
This task includes preparing a schematic stormwater solution and developing preliminary
stormwater calculations in order to size and locate stormwater facilities for the project. The intent
is 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 Review
This task includes the layout of the proposed water main. A review of the existing sewer
infrastructure will be completed to determine what adjustments are needed to manhole structures
and what sewer main stubs are recommended. A review of the gas, electric, and communication
facilities within the corridor will be completed and potential conflicts identified. Recommendations
for a limited subsurface utility investigation will be developed.
Task 1.8— Geotechnical Investigation
This task will include a geotechnical investigation and recommendations for the project
improvements.
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Task 1.9 — Pre-Design Memo
This task will develop a pre-design memo that outlines project parameters, identifies approximate
right of way needs, and provides a project cost estimate. One meeting is scheduled with City
Engineering staff to go over preliminary project parameters before issuing a draft of the pre-design
report.
Task 1.10 — Quality Assurance
This task includes budget for senior staff to provide quality assurance reviews of the work
products.
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EXHIBIT D-1-Engineering Fee Estimate J Morrison
Cottonwood Road(Oak to Baxter)-Pre-Design Services Maierle
STAFF HOUR ESTIMATE
TASK TOTAL SUPERVISING SUPERVISING SENIOR DESIGN ENV LAND LAND SURVEY CADD TOTAL COST
EXPENSES HOURS ENGINEER III ENGINEER II ENGINEER I ENGINEER I SCIENTIST II SURVEYOR N SURVEYOR II CREW DRAFTER CLERICAL FOR TASK
Pre-Design Task 1.1 Project Planning
Project Scoping and Setup 8 8
Miscellaneous Expense $ - $ 1,608
Total for Task $ - 8 8
Task 1.2-Survey and Research 4
Boundary Research 4
Boundary and Control Survey 4 4
q 16
Topographic Survey 20 1 4 16
Data Processing and Base Map Preparation 25 4
Survey Equipment $ 720
Miscellaneous Expense $ 100
Total for Task $ 820 53 4 9 8 16 16 $ 8,696
Task 1.3-Traffic Design
Limited to Turn Bay Recommendations 6 6
Miscellaneous Expense $ - $ 816
Total for Task $ - 6 6
Task 1.4 Roadway Design
Project Coordination 6 2 4
Horizontal and Vertical Alignment 26 2 12 12
Typical Sections 5 1 6
Intersection Geometries 34 2 16
Signing and Striping 5 1 4
Pedestrian and Bicycle Facilities 5 1 4
Concept Design Drawings 34 2 20 12
Miscellaneous Expense $ 500
Total for Task $ 500 115 2 12 57 44 $ 16,649
Task 1.5 Corridor Lighting and HAWK Signals
Lighting Layout 12 12
Electrical Layout 12 12
Concept Design Drawings 7 1 6
Miscellaneous Expense $ 100 $ 4,381
Total for Task $ 100 31 1 30
Task 1.6 Stormwater Design
Project Coordination 2 2
Preliminary Stormwater Calculations 24 24
Preliminary Stormwater Design 32 24 8
Concept Design Drawings 12 8 4
Miscellaneous Expense $ 100 12 $ 10,442
Total for Task $ 100 70 2 56
Task 1.7 Water Layout and Sewer/Dry Utility Conflicts
Project Coordination O 2 4 6
Preliminary Water Layout
Sewer and Dry Utility Conflict Review 16 16
Concept Design Drawings 8 4 4
Miscellaneous Expense $ 100 10 $ 5,272
Total for Task $ 100 36 2 24
Task 1.8 Geotechnical Investigation
Project Coordination 4 2 2
Geotechnical Investigation and Report $ 4,000
Miscellaneous Expense $ - 2 $ 4,802
Total for Task $ 4,000 4 2
Task 1.9 Pre-Design Memo
Project Coordination 6 2 4
Meeting 16 4 8 4
Pre-Design Memo Exhibits(effort with other tasks)
Construction Cost Estimate 48 20 2 2 80 4 8
Pre-Design Memo Preparation
Miscellaneous Expense $ 388 8 $ 14,658
Total for Task $ 388 90 10 16 52 4
Task 1.10 Quality Assurance
Quality Assurance 12 12
Miscellaneous Expense $ 50 $ 2,462
Total for Task $ 50 12 12
SUBTOTAL OF STAFF HOURS REQUIRED 425 39 28 193 40 9 8 18 82 8
HOURLY PAY RATE $ 65.00 $ 58.00 $ 47.00 $ 39.00 $ 35.00 $ 42.00 $ 35.00 $ 55.00 $ 32.00 $ 22.00
MULTIPLIER 3.45 3.45 3.45 3.45 3.45 3.45 3.45 3.45 3.45 3.45
HOURLY LABOR COST $ 224.25 $ 200.10 $ 162.15 $ 134.55 $ 120.75 $ 144.90 $ 120.75 $ 189.75 $ 110.40 $ 75.90
LABOR COST BY POSITION $7,839 $5,348 $29,915 $5,440 $1,296 $1,080 $3,600 $8,610 $600
TOTAL LABOR: $ 63,728
TOTAL EXPENSES $ 6,058
$ 69,786
TOTAL COST OF PHASE: $ 69,786
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