HomeMy WebLinkAbout12-22-20 City Commission Packet Materials - F8. PSA w Morrison-Maierle DOWL Eng. team for Design Standards UpdateMemorandum
REPORT TO:City Commission
FROM:Lance Lehigh, Development Review Engineer
Shawn Kohtz, City Engineer
Mitch Reister, Director of Public Works
SUBJECT:Authorize the City Manager to Sign the Professional Service Agreement with
the Morrison-Maierle / DOWL Engineering Team for the Design Standards
Update
MEETING DATE:December 22, 2020
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign the Professional Service Agreement for
the Engineering Design Standards Update with Morrison Maierle / DOWL
Engineering team.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Bozeman remains a safe, inclusive community, fostering civic engagement
and creativity, with a thriving diversified economy, a strong environmental
ethic, and a high quality of life as our community grows and changes. The
City works hard every day to provide critical services to the community
including clean water, safe streets and thoughtful development.
On April 16, 2018 the Bozeman City Commission formally adopted the
Bozeman Strategic Plan (Plan), which is intended to focus on outcomes over
the next 2-5 years. Section 4 of the Plan, a Well-Planned City, lays out
guidance to proactively address growth-related changes will continuing to
honor the “Bozeman Feel”.
Acknowledging these growth-related changes, an update to the City’s Design
Standards and Specifications Policy (DSSP) as well as City Modifications to
the Montana Public Works Standard Specifications (City Modifications) is
imperative as the City has matured, a wide range of development has
occurred, and design trends and best practices have evolved.
The DSSP was formally adopted in 2004 and has been updated via
addendums over the last 16 years. The City recognizes that there have been
advancements in relevant published design guidance, best practices,
construction materials and techniques, and state/federal requirements. A
primary objective of the update is to build off of what the City has created
and modernize these documents to reflect, amongst other things, design
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criteria recommendations from the City’s facility plans, consistency with
minimum regulatory requirements (DEQ Circulars, MUTCD, etc.), and
significant changes in stormwater drainage policy stemming from the City’s
Municipal Separate Storm Sewer System (MS4) discharge permit.
The City Modifications were created to standardize certain construction
materials and specifications and address unique requirements which are
currently not addressed in the “Montana Public Works Standard
Specifications” (MPWSS), sixth edition, April 2010. Where a City
modification to MPWSS does not exist for a particular Section of MPWSS the
work is to be completed in accordance with the appropriate MPWSS Section.
When a City modification to the MPWSS does exist the requirements of that
modification supersede the related MPWSS requirement. The same holds
true for City Standard Drawings; however, there are some Standard
Drawings that do not replace or supersede the MPWSS but are additional
drawings created specifically for the City. Development review applications
and any concomitant public infrastructure have been evaluated based on
consistency with the DSSP and City Modifications.
The overarching function of the DSSP and City Modifications update is to
protect public health and safety, provide for clear design criteria, review
procedures and inspection requirements, and generally promote operational
efficiency and continuity while minimizing overall lifecycle cost of public
infrastructure.
Lastly, the update will evaluate and identify areas within the DSSP and City
Modifications that could be potentially be modified to promote affordable
housing while not causing the standards to be incongruent with other State
or Federal regulations, compromising public health or safety, or creating
dramatic increases in lifecycle costs.
The update is anticipated to be completed in two phases (Phase 1 and Phase
2). Phase 1, covered within the attached scope of services, will be primarily
focused on establishing a baseline for the overall update, obtaining targeted
stakeholder input, and developing draft storm drainage design standards.
The storm drainage design standards are time critical given the City’s MS4
permit requirements. Phase 2 will build off of Phase 1 and will generally
consist of completing the DSSP and City Modifications update, further
evaluation of affordable housing in relation to the proposed changes,
presenting the updates to the City Commission, and ultimately the adoption
and implementation of the new design documents. Phase 2 was not funded
in the current fiscal year, but will be included in the FY22 proposed budget.
The City sought proposals for this update and received two submittals. Staff
determined the Morrison-Maierle / DOWL Engineering team to be the most
qualified consultant.
UNRESOLVED ISSUES:None.
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ALTERNATIVES:As determined by the Commission.
FISCAL EFFECTS:The 2021 approved Engineering operating budget includes $80,000 for Phase
1 of the design standards update.
Attachments:
Professional Services Agreement with Attachments
Report compiled on: December 10, 2020
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2020,
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 PO Box 1230, Bozeman, MT 59771,
hereinafter referred to as “City,” and Morrison-Maierle with a mailing address of PO Box 1113,
Bozeman, MT 59771, hereinafter referred to as “Consultant”, collectively referred to as “Parties”.
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 Consultant to perform for City services
described in the Scope of Services attached hereto as “Exhibit A” and by this reference made a
part hereof for the Project: City of Bozeman Design Standards Update.
2. Term/Effective Date: This Agreement is effective upon the date of its execution and will
terminate upon satisfactory completion of the agreed Scope of Services, which may be amended
from time to time by the mutual agreement of the Parties pursuant to terms of this agreement,
as determined by the City.
3. Scope of Services: Consultant will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement
and the Scope of Services, unless specifically provided otherwise, the Agreement governs.
Consultant may, at its own risk, use or rely upon design elements and information ordinarily or
customarily furnished by others, including, but not limited to, specialty contractors, Sub-
consultants, manufacturers, suppliers, and publishers of technical standards.
4. Payment for Scope of Services: City agrees to pay Consultant for the completion of the
Scope of Services a time and materials amount of $80,000. The Consultant’s billing rates in $/hr
for its employees and a detailed breakdown of personnel hours directly assigned to each task of
the Scope of Services is provided herewith as “Attachment 1”.
5. Reimbursable Expenses: As defined in section 8 of this Agreement, for completion of the
Scope of Services and approved Additional Services, reimbursable expenses shall be paid to the
Consultant by the City in the actual amount of the costs incurred up to an amount not to exceed
$52,000, which includes $52,000 for Sub-consultants hired by the Consultant and $0 for all other
reimbursable expenses. The estimated reimbursable expenses are provided herewith as
“Attachment 2”. The administrative markup factor being applied by the Consultant for any of its
Sub-consultants shall be indicated on Attachment 2 and be no higher than 1.05.
6. Additional Services: If the City requests Consultant to perform any Additional Services
not otherwise provided for in this Agreement, City shall so instruct the Consultant in writing, and
the Consultant shall perform, or direct its Sub-consultants to perform, such services necessary to
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complete the Additional Services requested. The City and Consultant shall mutually agree in
writing upon the scope of Additional Services prior to their commencement. The basis of
payment for Additional Services shall be equal to the Consultant’s Direct Labor Rates times a
factor of 3.2. A tabulation of direct labor rates for employees performing Additional Services
work shall be provided at the time the scope of Additional Services is requested. An
administrative markup factor of 1.0 shall be applied by the Consultant for any of its Sub-
consultants performing agreed Additional Services work.
7. Times of Payments: The Consultant may submit monthly statements for the Scope of
Services and approved Additional Services rendered and for Reimbursable Expenses incurred.
The statements shall be based upon Consultant’s estimate of the proportion of the total Scope
of Services actually completed for each task at the time of billing.
8. Meaning of Terms:
a. Additional Services: Additional Services means services resulting from significant
changes in the general scope, extent or character of the Project or major changes in
documentation previously accepted by the City where changes are due to causes beyond the
Consultant’s control. Additional Services can also mean providing other services not otherwise
provided for in the Agreement that are substantially similar to and generally consistent with the
nature of services contained in the Scope of Services.
b. Agreement: As used herein the term “this Agreement” refers to the contents of
this document and its Attachments and Exhibits attached hereto and referred to as if they were
part of one and the same document.
c. Direct Labor Rates: Direct Labor Rates used as a basis for payment mean the
actual salaries and wages paid to all of the Consultant’s personnel engaged directly on any agreed
Additional Services, but does not include rates for indirect fringe benefits, indirect overhead
expenses, and profit.
d. Reimbursable Expenses: Reimbursable expenses mean the actual expenses
incurred by the Consultant or its Sub-consultants directly in connection with the Project, such as
expenses for: transportation and subsistence incidental thereto; toll telephone calls; specialized
technology or software subscription charges; reproduction of reports, technical memoranda,
drawings, renderings and similar Project-related items.
e. Sub-consultants: Sub-consultants means any independent professional
associates working on the Project that are not directly employed by the Consultant and have
rather been hired by the Consultant to serve a particular role or offer a particular service for the
Project.
9. Consultant’s Representations: To induce City to enter into this Agreement, Consultant
makes the following representations:
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a. Consultant 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, and regulations that in any manner may affect cost, progress or performance of the Scope
of Services.
b. Consultant 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.
10. Independent Consultant Status/Labor Relations: The parties agree that Consultant is an
independent Consultant for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Consultant 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. Consultant is not authorized to represent the City or
otherwise bind the City in any dealings between Consultant and any third parties.
Consultant 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. Consultant shall maintain workers’ compensation coverage for all members and
employees of Consultant’s business, except for those members who are exempted by law.
11. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered,
to the fullest extent permitted by law, Consultant 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 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 Consultant; or (ii) any negligent, reckless, or intentional misconduct of any of
the Consultant’s agents.
For the professional services rendered, to the fullest extent permitted by law, Consultant
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses,
and expenses, including reasonable defense attorney fees, to the extent caused by the negligence
or willful misconduct of the Consultant or Consultant’s agents or employees.
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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).
Consultant’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
Consultant to assert its right to defense or indemnification under this Agreement or under the
Consultant’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 Consultant 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.
Consultant 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, Consultant shall at Consultant’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 Consultant in this Section. The insurance coverage shall not contain
any exclusion for liabilities specifically assumed by the Consultant 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 limit and without regard to the cause therefore and which is acceptable to the City and
Consultant 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;
· Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
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· Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. 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 Consultant commencing work. Consultant shall notify
City within two (2) business days of Consultant’s receipt of notice that any required insurance
coverage will be terminated or Consultant’s decision to terminate any required insurance
coverage for any reason.
12. Termination for Consultant’s Fault:
a. If Consultant 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
Consultant’s right to proceed with all or any part of the work (“Termination Notice Due to
Consultant’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, Consultant shall be
entitled to payment only for those services Consultant 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.
d. In the event of termination under this Section 8, Consultant 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.
13. 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 performance under this Agreement City may terminate this
Agreement by written notice to Consultant (“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 Consultant.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Consultant shall immediately cease performance under this
Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Consultant shall do only such work as may
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be necessary to preserve, protect, and maintain work already completed or immediately in
progress.
c. In the event of a termination pursuant to this Section 9, Consultant is entitled to
payment only for those services Consultant actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Consultant for its performance of this Agreement. Consultant 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.
14. Limitation on Consultant’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Consultant under this Agreement,
Consultant’s damages shall be limited to contract damages and Consultant 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 Consultant wants to assert a claim for damages of any kind or nature,
Consultant 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 thirty (30) days of the Consultant becoming aware of the facts and circumstances giving
rise to the claim. In the event Consultant fails to provide such notice, Consultant shall waive all
rights to assert such claim.
15. Representatives:
a. City’s Representative: The City’s Representative for the purpose of this Agreement
shall be Lance Lehigh 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 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, Consultant 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. Consultant’s Representative: The Consultant’s Representative for the purpose of
this Agreement shall be Brad Hammerquist or such other individual as Consultant shall designate
in writing. Whenever direction to or communication with Consultant is required by this
Agreement, such direction or communication shall be directed to Consultant’s Representative;
provided, however, that in exigent circumstances when Consultant’s Representative is not
available, City may direct its direction or communication to other designated Consultant
personnel or agents.
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16. Permits: Consultant 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, and pay all fees and charges
in connection therewith.
17. Laws and Regulations: Consultant 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.
18. Nondiscrimination: The Consultant agrees that all hiring by Consultant of persons
performing this Agreement shall be on the basis of merit and qualifications. The Consultant will
have a policy to provide equal employment opportunity in accordance with all applicable state
and federal anti-discrimination laws, regulations, and contracts. The Consultant 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
Consultant 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 Consultant shall
require these nondiscrimination terms of its Sub-consultants providing services under this
agreement.
19. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Consultant 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 while on City
property or in the performance of any activities under this Agreement. Consultant 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 Consultant shall
be obligated to furnish such proof.
The Consultant shall be responsible for instructing and training the Consultant's
employees and agents in proper and specified work methods and procedures. The Consultant
shall provide continuous inspection and supervision of the work performed. The Consultant is
responsible for instructing his employees and agents in safe work practices.
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20. Modification and Assignability: This Agreement may not be enlarged, modified,
amended or altered except by written agreement signed by both parties hereto. The Consultant
may not subcontract or assign Consultant’s rights, including the right to compensation or duties
arising hereunder, without the prior written consent of City. Any Sub-consultant or assignee will
be bound by all of the terms and conditions of this Agreement.
21. Reports/Accountability/Public Information: Consultant agrees to develop and/or
provide documentation as requested by the City demonstrating Consultant’s compliance with
the requirements of this Agreement. Consultant 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 Consultant pursuant to this Agreement
was used in compliance with this Agreement and all applicable provisions of federal, state, and
local law. The Consultant shall not issue any statements, releases or information for public
dissemination without prior approval of the City.
22. 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.
23. Attorney’s Fees and Costs: In the event it becomes necessary for either Party 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.
24. Taxes: Consultant is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
25. 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.
26. Survival: Consultant’s indemnification shall survive the termination or expiration of this
Agreement for the maximum period allowed under applicable law.
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27. 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.
28. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
29. Applicable Law: The parties agree that this Agreement is governed in all respects by the
laws of the State of Montana.
30. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
31. 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.
32. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
33. 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.
34. Standard of Care: In providing services under this Agreement, Consultant 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 Consultant shall, at the City’s request, re-
perform the service at its own expense. Consultant 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 City’s rights herein are in addition
to any other remedies the City may have under the law
35. Ownership and Reuse of Documents: Upon payment in full by City to Consultant for all
monies due Consultant under this Agreement, Consultant’s work products produced under this
Agreement shall become the sole property of the City. The City’s use, reuse, alteration, or
modification of the work products will be at City’s sole risk and without liability or legal exposure
to Consultant or to its officers, directors, members, partners, agents, employees, and
consultants.
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In witness whereof, the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN, MONTANA CONSULTANT
BY: BY:
(City Manager) (Vice President)
DATE: ______ DATE:
ATTEST:
BY:
(City Clerk)
APPROVED AS TO FORM:
BY:
(City Attorney)
12/3/20
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December 3, 2020
Lance Lehigh
City of Bozeman
20 E. Olive Street
Bozeman, MT
Re: City of Bozeman Design Standards Update
Scope of Services
Dear Mr. Lehigh:
Thank you for selecting the Morrison-Maierle/DOWL Team for the City of Bozeman Design
Standards Update project. We are pleased to provide you with this scope and fee proposal for
Professional Services associated with the initial phase of this project.
Project Description
The project goal is to update the City of Bozeman Design Standard and Specifications Policy
(DSSP) and the City of Bozeman Modifications to the 2010 Montana Public Works Standard
Specifications (City Modifications).
The project will be broken into two phases. Phase 1 scope will be limited by the fiscal year 2020
budget and will consist of the Phase 1 Scope of Services outlined below. Phase 1 will be
focused on obtaining targeted stakeholder input and developing draft Storm Drainage Design
Standards. Phase 2 will generally consist of completing updates to the DSSP and City
Modifications, presenting updates to the City Commission, and publishing the new documents in
fiscal year 2021.
Phase 1 Scope of Services
Our Professional Services Fees are based on the anticipated Scope of Services outlined below.
Task 000 – Project Management
· Contracting, accounting, and management of review personnel.
· Fully develop scope, fee and limits of work for Phase 2 design standards and specification
modifications
Task 100 – Establish Baseline for Standards Update
Meetings and Coordination
· Kick-off meeting
· Consultant Team coordination
Research Relevant Standards Sources
· Review other community standards and summarize areas of interest for City. Standards
from the following communities will be reviewed:
o Kalispell, MT
o Billings, MT
o Bend, OR
EXHIBIT A
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o Boulder, CO or other community in Colorado
o Minneapolis/St. Paul Metro, MN
· Prepare summary memo of items for City communication
Document Formatting
· Develop a MSWord format template and TOC for Design Standards. The latest City of
Kalispell standards will be used as an example.
o Upon City concurrence of template, provide MSWord template to DOWL for use in
Storm Drainage Standards revisions.
o Stormwater will be a chapter.
· Develop a MSWord format template and TOC for City Modifications. The latest City of
Kalispell standards will be used as an example.
Task 200 – Meeting Facilitation and Team Collaboration
It is our understanding that the current phase of engagement will include meeting facilitation and
team collaboration with a focus on City staff and a limited number of key stakeholders. The
Microsoft Teams platform will be used to distribute information, capture comments and facilitate
discussion. This phase of work will also establish the foundation for a more wide-reaching
community engagement plan to be rolled out in Phase 2.
· Gain understanding of City’s current communication and engagement efforts and
policies
· Set-up and manage Microsoft Teams file collaboration platform and topic-related
channels for City team members to provide comments
· Schedule, facilitate, and record discussions between project team and City topic experts.
It is anticipated that:
o Three meetings will be held to establish a baseline for the Standards update
o Two meetings will be held to discuss the strategy for addressing affordable
housing content
o Two additional meetings will be held to discuss the development of storm
drainage content
· Schedule, facilitate, and record discussions between project team and key stakeholders
· Develop meeting materials as needed
Task 300 – Affordable Housing Infrastructure Design Standards
Affordable housing research and development of educational concepts pertaining to affordable
housing.
· Research relevant sources
· Identify potential items with cost implications when compared to current standards
· Develop overall development cost pie chart graphic and life cycle cost concept graphic.
Task 400 – Design Storm Precipitation Update
The City of Bozeman recently made the decision that precipitation design storm data (e.g.,
depth-duration frequency, intensity-duration-frequency, and water quality storm) will be based
on an updated frequency analysis of precipitation data collected at Gallatin Field. DOWL will:
· Update the frequency analysis published in Appendix B of the MDT Hydrology Manual to
expand the period of record through 2020.
· Provide final depth-duration-frequency and intensity duration frequency tables
presenting the updated frequency analysis results.
· Complete a precipitation frequency analysis to estimate the total storm depth for the 6-
month, 24-hour storm and evaluate this storm relative to the industry accepted
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procedure to treat the first 0.5 inch of runoff. This analysis will expand the period of
record (through 2020) and build upon recent work completed by DOWL (under a
separate contract) using Gallatin Field precipitation data.
· Assimilate the results of precipitation analyses (e.g., synthetic storm hyetographs and
actual storm hyetographs) developed by DOWL under a separate contract with the
results of analyses completed under this contract into a set of design storm data for
inclusion in the Storm Drainage Design Standards.
· Provide draft results of the design storm data for City review, present the analysis in a
meeting with the City, and address City review comments.
· Incorporate the final design storm data into the Storm Drainage Design Standards
Task 500 – Storm Drainage Standards Update
· DOWL will work in close coordination with City stormwater staff to develop updated
storm drainage design standards that are reflective of current industry standards for the
near region and that provide clarity and consistency in storm drainage design and
construction requirements.
· DOWL will draw from the Storm Drainage Standards for the Cities of Billings and
Kalispell as models for this purpose. DOWL will review the current standards of the City
of Bozeman and will modify and customize the model standards to be appropriate to the
City of Bozeman.
· Industry standard storm drainage design procedures published in the latest edition of the
“Urban Drainage Design Manual”, Hydraulic Engineering Circular No. 22 (HEC 22) will
be used to guide design procedures. The standards will refer to HEC 22 to streamline
the storm drainage standards, while providing clarity and detail.
· The recommendations contained in Section 3.6 of the 2008 Bozeman Stormwater
Facilities Plan will be addressed through this update, consistent with current industry
standards.
· It is anticipated that the following outline will be followed in drafting the Storm Drainage
Standards:
I. Policy
II. Storm Drainage Plan Submittal Requirements
III. Rainfall
a. Minor and Major Drainage Systems
b. Design Storm Frequency
c. Design Storm Depth and Intensity
d. Water Quality Storm
IV. Runoff
a. Drainage Basin Area
b. Selection of Runoff Calculation Methods
c. NRCS Hydrograph Method
d. Rational Method
e. EPA SWMM Runoff Method
f. Modified Rational Method
V. Hydraulic Analysis and Design
a. Gutter Flow
b. Storm Drain Pipe
c. Open Channel Conveyances
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d. Culverts
e. Bridges
f. Outfalls
VI. Runoff Control Facilities
a. Detention Basins
b. Retention/Infiltration Basins
c. Boulevard Swales
VII. Permanent Water Quality Treatment
VIII. Erosion and Sediment Control
· Recommendations for updates to the City Standard Drawings for stormwater
infrastructure will also be provided. It is anticipated that updates to the drawings will be
accomplished in the Phase 2 workplan.
· Progressive drafts of the updated Storm Drainage Standards and updates to Section
02720 of the City Standard Modifications to the MPWSS will be submitted to the City for
review and comment. It is anticipated that Review Drafts will be submitted as follows:
o A detailed outline of the intended content
o 65% Review Draft
o 95% Review Draft will be submitted in Phase 2
· It is assumed that two (2) review meetings will be conducted to discuss the comments
and questions received from the City.
· A third meeting will be conducted in Phase 2 to discuss the comments from the 95%
Review Draft.
· Storm drainage issues identified but not addressed in this initial draft will be included in
our recommendations for further efforts to be included in the Phase 2 workplan.
Estimated Professional Services Fees
Based on our understanding of the Phase 1 Scope of Services outlined in this letter, the fees for
each of the major tasks are estimated to be as follows:
Task 000 Project Management $11,000
Task 100 Establish Baseline for Standards Update $20,000
Task 200 Community Engagement $ 8,000
Task 300 Affordable Housing Infrastructure Standards $ 6,000
Task 400 Design Storm Precipitation Update $11,000
Task 500 Storm Drainage Draft Standards Development $24,000
Total $80,000
The Morrison-Maierle/DOWL Team is excited to work with you to update the City of Bozeman’s
Design Standards. If you have any questions, please don’t hesitate to contact me.
Sincerely,
Morrison-Maierle
______________________________
Brad Hammerquist, PE
Project Manager
cc: File
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PM CMS1 QA1 QA2 QA3 DT1 DT2 DT3 CAD ADM1 ADM2SubtotalSubtotalSM3 PM6 E6 E5 E4 E3 E2 E1 PIC GD ADASubtotalSubtotalHoursLaborWade Jeff S. JO, GG, KJ Paul/DougAnthony Lisa Soha JulieHoursLaborTask 000Project Management010 Project/Contract Administration16 2182,814$ 0-$ 020 Project Management and Coordination 20203,000$ 18184,140$ 030 Monthly Check-In with Lance771,050$ 0-$ Hours Sub-Total43 2 0 0 0 0 0 0 0 0 0456,864$ 18 0 0 0 0 0 0 0 0 0 0184,140$ Task 100Establish Baseline for Standards Update110 Meetings and Coordination16 5213,435$ 18184,140$ 120 Collect and Compile City Comments224454$ 0-$ 130 Research Relevant Standards and Develop Memo 24 42304,582$ 22460$ 140 Document Formatting - Design Standards 6 28161,930$ 0-$ 150 Document Formatting - City Modifications 6 28161,930$ 0-$ 155 Determine Changes to Design Standards and City Mods 16162,400$ 0-$ 160 Peer Review2 24734$ 0-$ Hours Sub-Total70 13 0 2 0 0 2 0 0 0 2010715,465$ 20 0 0 0 0 0 0 0 0 0 0204,600$ Task 200Community Engagement210 Understand City Engagement Efforts and Policies0-$ 44460$ 220 MS Teams Management0-$ 10101,150$ 230 City Meeting Facilitation: Establish Baseline for Standard Update (2) 33450$ 991,035$ 240 City Meeting Facilitation: Affordable Housing (2) 22300$ 66690$ 250 City Meeting Facilitation: Storm Drainage (2) 22300$ 66690$ 260 Develop Meeting Materials and Communication Graphics0-$ 10 15252,950$ Hours Sub-Total7 0 0 0 0 0 0 0 0 0 071,050$ 0 0 0 0 0 0 0 0 45 15 0606,975$ Task 300Affordable Housing Infrastructure Standards310 Research Relevant Sources4 15807$ 661,200$ 320 Identify Potential Areas with Cost Implications 4 261,014$ 661,200$ 330 Graphics48121,352$ 44460$ Hours Sub-Total12 3 0 0 0 0 0 0 0 8 0233,173$ 0 12 0 0 0 0 0 0 4 0 0162,860$ Task 400Design Storm Precipitation Update410 Frequency Analysis Update0-$ 1 1632495,990$ 420 Draft Design Storm Data0-$ 1 1216293,790$ 430 Address Comments & Incorporate Into Design Standards0-$ 2 2481,180$ Hours Sub-Total0 0 0 0 0 0 0 0 0 0 00-$ 4 0 30 0 0 0 0 52 0 0 08610,960$ Task 500Storm Drainage Draft Standards Development510 Develop Draft Stormwater Design Criteria0-$ 40 44 669618,210$ 520 Updates to Section 02720 of Standard Mods to MPWSS0-$ 0-$ 530 Review Meetings (2)11150$ 6 6122,400$ 540 Address Review Comments from each submittal (2)0-$ 3 8112,050$ 530 Peer Review1 12 481,237$ 0-$ Hours Sub-Total2100002400091,387$ 490586000000611922,660$ Total Personnel Hours134 19 0 2 0 0 4 4 0 8 20 19127,939$ 91 12 88 6 0 0 0 52 49 15 6 31952,195$ Key PersonnelMorrison-MaierleLabor CategoryNameLabor RatePMDesign Engineer II Brad Hammerquist 150$ CMS1Supervising Engineer III James Nickelson 207$ QA1Supervising Engineer III Bob Morrison 207$ QA2Supervising Engineer III Phill Forbes 207$ QA3Supervising Engineer II Matt Ekstrom 197$ DT1Supervising Engineer I Scott Fanning 186$ DT2Senior Engineer I Bill Wiegand 160$ DT3Design Engineer I Luke Carlson 140$ CADCAD Designer II Kurt Squires 123$ ADM1Admin Coordinator II Kim Longenecker 94$ ADM2Admin Coordinator I Cindy Williamson 77$ DOWLSM3Senior Manager III Wade Irion 230$ PM6Project Manager VI Jeff Shoemaker 200$ E6Engineer VI Jeff, Greg, and KJ 170$ E5Engineer V Paul Yakawich, Doug Fischer 160$ E4Engineer IV140$ E3Engineer III115$ E2Engineer II105$ E1Engineer I Anthony Keene 95$ PICPub. Inv. Coordinator Lisa Olmsted 115$ GDGraphic Designer Soha120$ ADAAdmin Assistant Julie95$ City of Bozeman Design Standards UpdateEngineering Fee Estimate - LaborMorrison-MaierleDOWLDesign Standards Fee Est.xlsxPage 1 of 112/3/2020ATTACHMENT 118
City of Bozeman Design Standards Update
Engineering Fee Estimate - Reimbursable Expenses
Labor Morrison-Maierle DOWL Total
Task 000 Project Management 6,864$ 4,140$ 11,004$
Task 100 Establish Baseline for Standards Update 15,465$ 4,600$ 20,065$
Task 200 Community Engagement 1,050$ 6,975$ 8,025$
Task 300 Affordable Housing Infrastructure Standards 3,173$ 2,860$ 6,033$
Task 400 Design Storm Precipitation Update -$ 10,960$ 10,960$
Task 500 Storm Drainage Draft Standards Development 1,387$ 22,660$ 24,047$
Labor Total 28,000$ 28,000$
Expenses
Sub-Consultant -$ 52,000$ 52,000$
Miscellaneous -$ -$ -$
Travel Expenses -$ -$ -$
Expense Sub-Total -$ 52,000$ 52,000$
Administrative Markup 1.00 1.00 1.00
Expense Total -$ 52,000$ 52,000$
Overall Total 28,000$ 52,000$ 80,000$
ATTACHMENT 2
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