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HomeMy WebLinkAbout24 - Professional Services Agreements - Morrison Maierle - N 27th Avenue from Baxter Lane to Cattail Street. DocuSign Envelope ID:5F013072-B71D-4793-9FDC-C8EBDAB29DCC PROFESSIONAL SERVICES AGREEMENT THIS IS AN AGREEMENT made as of 4/2/2024 ,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,(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: Street improvements for N 27'Avenue from Baxter Lane to Cattail Street. 1.2. The scope of services under this contract is set forth in this Agreement and the attached EXHIBITS including EXHIBIT C-1—Scope of Work and EXHIBIT D-1 -Engineering Fee Estimate. 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 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. 1 DocuSign Envelope ID:5F013072-B71D-4793-9FDC-C8EBDAB29DCC 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. deser-iptions and maps,preparing a prepefty O'A%er-'s a-ad assessments role lists ifieludifig pr-ejeet assessffien 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 2 DocuSign Envelope ID:5F013072-B71D-4793-9FDC-C8EBDAB29DCC 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. The Pre-design Investigation Phase will be completed and submitted within 120 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. 3 DocuSign Envelope ID:5F013072-B71D-4793-9FDC-C8EBDAB29DCC 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. 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 Pam 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 $215,544 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: $ 172,435 (80%of design fee)until the Pre-design Report have been submitted to the OWNER. $ 215,544 (100%of design fee)until the Fina 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)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. 4 DocuSign Envelope ID:5F013072-B71D-4793-9FDC-C8EBDAB29DCC Additional services 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. 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 $78.00/hour Supervising Engineer III $72.00/hour Supervising Engineer II $70.00/hour Senior Engineer I $60.00/hour Design Engineer II $52.00/hour Design Engineer I $48.00/hour Engineer Intern II $42.00/hour Engineer Intern I $38.00/hour Environmental Scientist III $55.00/hour CAD Designer $38.00/hour Administrative Coordinator$26.00/hour Land Surveyor IV $52.00/hour Land Surveyor III $48.00/hour Survey Technician III $30.00/hour Technical Intern $24.00/hour Non-professional staff are billed out 1.5 times for overtime hours. 5 DocuSign Envelope ID:5F013072-B71D-4793-9FDC-C8EBDAB29DCC 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 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 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 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. In 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 6 DocuSign Envelope ID:5F013072-B71D-4793-9FDC-C8EBDAB29DCC 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 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 from 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 7 DocuSign Envelope ID:5F013072-B71D-4793-9FDC-C8EBDAB29DCC 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. ENGINEER represents it is,and for the term of this Agreement will be,in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). ENGINEER must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. ENGINEER shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 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: 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 For claims,causes of action,losses,or damages(collectively,"Claims")asserted by third-parties and arising out of the performance of professional services by the ENGINEER,the ENGINEER shall indemnify and hold the Owner and the Owner's officers,directors,and employees harmless from such Claims,including reasonable attorneys'fees and expenses recoverable under applicable law,but only to the extent such Claims are caused by the negligence or intentional misconduct of the ENGINEER,its employees and its consultants in the performance of professional services under this Agreement.The ENGINEER'S obligation to indemnify and hold the Owner and the Owner's officers and employees harmless under this section 9.7.2 does not include a duty to defend. 9.7.3 For Claims asserted by third-parties that do not arise out of the performance of professional services by the ENGINEER,the ENGINEER shall,to the extent covered by the ENGINEER'S insurance,defend,indemnify, and hold the Owner and the Owner's officers, directors, and employees harmless from such Claims, including reasonable attorneys' fees and expenses recoverable under applicable law,but only to the extent such Claims are caused by the negligence or intentional misconduct of the ENGINEER,its employees and its consultants. 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 8 DocuSign Envelope ID:5F013072-B71D-4793-9FDC-C8EBDAB29DCC 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 from 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 General Liability: Bodily Injury&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 9 DocuSign Envelope ID:5F013072-B71D-4793-9FDC-C8EBDAB29DCC 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. 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 from 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 10 DocuSign Envelope ID:5F013072-B71D-4793-9FDC-C8EBDAB29DCC 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. 11 DocuSign Envelope ID:5F013072-B71D-4793-9FDC-C8EBDAB29DCC 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. 9.17 CONSENT TO ELECTRONIC SIGNATURES The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,Title 30,Chapter 18,Part 1,MCA. In witness Whereof,the Parties hereto do make and execute this Agreement. CITY OF BOZEMAN,MONTANA ENGINEER DocuSigned by: DocuSigned by: BY: Wlb" BY: ��.A•Ui,d- �U�Ictv�.r�.in, L15o(Gity9Managcr) raves is man,PE Bozeman Operations Manager DATE: 3/29/2024 DATE: 3/29/2024 ATTEST: DocuSigned by: DocuSigned by: fC .... NL1I�t, 9�l o�aS � BY: J883 G er 12 DocuSign Envelope ID:5F013072-1371 D-4793-9FDC-C8EBDAB29DCC EXHIBIT C-1 North 271h Avenue (Baxter to Cattail) Scope of Work— Pre-Design Services February 27, 2024 The pre-design phase is intended to develop a clear direction for the project to move the project forward to preliminary design. The phase includes the following tasks: 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 surveying the project area. Subtasks include the following: • Office research and computations - Complete research and computations as well as preparation of survey equipment and files required for field survey. This task also includes requesting permission to survey property outside of the existing right of way and easements (approximately 5 parcels) in partnership with the City's right of way consultant where appropriate. • Horizontal and Vertical Field Control - Establish vertical / horizontal control and provide horizontal control points and vertical benchmarks at each intersection or at intervals not to exceed 1,000 feet. • Topographic Field Survey - Complete a topographic design survey. Survey includes surface features and subsurface utilities, including depth information via measure downs on water, sewer, and storm utilities. Horizontal locations of underground utilities provided by utility locates will be collected. This phase of the project will not include any subsurface utility surveys. Survey area will generally include 50 feet west of mid-section line (Thomas Drive)and 50 feet east of mid-section line (Gallatin Center Partners ownership). Elevation of lowest powerline will be collected near Baxter Lane and Cattail Street for preliminary evaluation of signal and light conflicts. It is anticipated that additional survey will be required in certain areas during the preliminary design phase of the project. • Office Survey Data Processing - Download survey data and prepare topographic mapping drawings using standard Morrison-Maierle line work and symbols. • Property and Easement Research — This task includes preliminary work to identify property boundaries and easements of record based on records available through the Gallatin County Clerk and Recorder. Additional work will be required during preliminary design to prepare easement exhibits where needed for the project. • Right of Way Survey—This task includes the field and office efforts associated with finding an adequate amount of survey monuments in order to establish the approximate location of the existing parcel lines, right-of-way, and applicable easements and incorporating the information in the base map for the project. • Wetland Limits—This task includes collection of delineation flags and processing the data to be included on the base map for the project. DocuSign Envelope ID:5F013072-1371 D-4793-9FDC-C8EBDAB29DCC • Survey Quality Assurance— Effort is budgeted to allow for review of the boundary survey, office check of survey compared to City record drawings, and field review of completed survey drawing. Task 1.3— Intersection and Roadway Option Evaluation An existing conditions and investigation task will be completed relative to the intersections of N 27th Ave with Baxter Lane and Cattail Street as identified in the scope of services from Robert Peccia and Associates (RPA). RPA will complete an Intersection Control Evaluation as identified in their scope of services. Concurrent with this work on intersections, up to two (2) options will be developed for roadway alignment and horizontal geometry layout to identify cost, environmental and initial right-of-way impacts, and multimodal accommodations. Exhibits will be developed for intersection and roadway options Preliminary typical sections highlighting the roadway configuration for both alignment options will be generated. These options include using the typical section from the City's Transportation Master Plan and an option to continue the center median throughout the corridor. These typical section layouts will be updated with the required geotechnical recommendation in Task 1.4. The results of the intersection and roadway option evaluation will be summarized in a brief memorandum. A two (2) hour work session with City Staff will be held to discuss the options and determine the preferred options for the corridor. With the completion of this task, it is anticipated that either City Staff will provide clear direction to move forward on the remaining pre-design tasks or additional services will be requested for public and stakeholder involvement prior to selection of the preferred option. Task 1.4 — Intersection and Roadway Pre-Design After the selection of the preferred intersection control and roadway section is made the selected alternative will be developed to a pre-design level. This will allow for pre-design of other elements of the project and a project cost estimate to be developed. Subtasks include the following: • Intersections Pre-Design Development—The preferred alternative for the intersections of N 27th Ave/ Baxter Lane and N 2711 Ave / Cattail Street will be developed further to layout roadway transitions and prepare project cost estimate. For the purpose of estimating the required effort for this task and related tasks, it is assumed that one of the intersections will be signalized and one will be a roundabout, if it turns out this assumption is wrong the estimated fee will need to be adjusted. • Typical Section —The preferred typical section(s)for the road will be developed based on Task 1.3 and the geotechnical recommendations. It is anticipated that up to four(4)typical sections will be included. • Signing and Striping — These elements of the project will be minimally developed to determine approximate project costs. • Pre-Design plan layout sheets will be prepared to utilize for project cost estimating and to show approximate right-of-way limits. DocuSign Envelope ID:5F013072-1371 D-4793-9FDC-C8EBDAB29DCC Task 1.5 - Corridor Lighting Concept This task is limited to compiling an initial lighting layout in order to develop a construction cost estimate. No detailed design or photometrics will be completed as part of this task. Task 1.6 — Sewer and Water Pre-Design Existing water and sewer service locations will be reviewed at a concept level and recommendations will be made for adding services and mains to develop an approximate estimate of project costs. Task 1.7 — Stormwater Pre-Design This task includes preparing a schematic stormwater solution and developing preliminary stormwater calculations 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. This task will include preparing pre-design stormwater exhibits. Task 1.8 — Environmental Planning An aquatic feature delineation will be based on the methods presented in the 1987 U.S. Army Corps of Engineers (USACE) Manual and subsequent modifications outlined in the 2010 USACE Supplement. The following investigative activities will be completed and documented in the Aquatic Features Delineation Report. • Off-site data analysis including review of aerial photography, topographic maps, National Wetland Inventory Maps, and county Soil Surveys. • An on-site investigation of the wetlands and waterways. Wetland and waterway boundary points will be collected by a professional land surveyor and post-processed in the office. • Preparation of a wetland/waterway delineation map. • Preparation of a wetland/waterway delineation report of the subject property. Task 1.9 — Geotechnical Investigation This task will include a preliminary geotechnical investigation and recommendations for the pavement section design. The scope of the investigation is fully described in the attached proposal from Allied Engineering Services. Phase 0 services are only included at this time. Task 1.10— Pre-Design Project Cost Estimate A project cost estimate will be prepared based on the pre-design work. The approximate location and area of additional right-of-way will be identified for use by the City's Right-of-way Consultant in determining estimated costs to be incorporated into the overall project cost estimate. Task 1.11 — Pre-Design Memo This task will compile and summarize the findings of the pre-design phase of the project. Task 1.12 —Quality Assurance This task includes budget for senior staff to provide quality assurance reviews of the work products. DocuSign Envelope ID:5F013072-1371 D-4793-9FDC-C8EBDAB29DCC Attachments • Scope of Services— Robert Peccia and Associates • Scope of Services—Allied Engineering Services DocuSign Envelope ID:5F013072-1371 D-4793-9FDC-C8EBDAB29DCC on e i � MNA TO: James Nickelson, PE Morrison-Maierle Senior Engineer FROM: Scott Randall Vice President DATE: January 31, 2024 SUBJECT: Scope of Services City of Bozeman —North 27t"Avenue Improvements (Baxter to Cattail) Scope of Services The City of Bozeman wishes to develop improvements to North 27t"Avenue between Baxter Lane and Cattail Street. RPA, as a subconsultant to Morrison-Maierle,will provide traffic engineering and support services associated with this project. This scope of services outlines a work plan to fulfil the tasks necessary for the pre-design phase of the project as discussed during a scoping meeting on August 08, 2023. Additional tasks may be amended as the project progresses. • Task 1: Project Management and Administration • Task 2: Existing Conditions and Investigation • Task 3: Alternatives Analysis • Task 4: Design Review and Support • Task 5: Reporting • Task 6: Public and Stakeholder Involvement (future task) Task 1: Project Management and Administration This task includes overall project management aspects associated with managing this project, both internal and external. General management and coordination duties include preparation and attendance for project team meetings; miscellaneous phone conversations and correspondence with the project team; impromptu meetings that are not part of the regularly scheduled meetings; internal project management duties to monitor scope, schedule, and budget; and project invoicing and accounting activities. ASSUMPTIONS: • A project scoping meeting was held with Morrison-Maierle on August 08, 2023. • Project team meetings will be held periodically to review materials and discuss project status. The meetings will be attended by the RPA Project Manager and Lead Designer. Attendance at the meetings is planned to be virtual. TASKS: 1.1. General administration and coordination duties 406.447.5000 Q 3147 Saddle Dr. Helena,MT 59601 ' • I ?%% www.rpa-hln.com ' DocuSign Envelope ID:5F013072-1371 D-4793-9FDC-C8EBDAB29DCC Bozeman N 2711 Ave January 31,2024 Scope of Services 1.2. Prepare scope of services, fee estimate, and engineering agreement 1.3. Prepare for and attend up to three (3)virtual project team meetings DELIVERABLES: • Scope, schedule, and fee estimate • Engineering services agreement • Project team meeting materials (as needed) • Monthly invoices and progress reports Task 2: Existing Conditions and Investigation This task involves collecting, reviewing, and developing information necessary for the evaluation of improvement options for the intersections of N 27t" Ave with Baxter Lane and Cattail Street. We will utilize any available data provided by the city and collect updated data at spot locations and through field investigation. For existing conditions, we will begin by evaluating available GIS data, plans, and other relevant information. We will supplement the available information with an on-site review to observe and document site conditions and collect existing traffic data. We will use the information to build a base conditions traffic model that accurately reflects existing conditions. ASSUMPTIONS: • Traffic data will be collected at two locations (Baxter Lane and Cattail Street) over a 48-hour period. The data will include vehicles and non-motorists. • Crash data will be requested from MDT and reviewed to identify any safety concerns or trends. • A field review and assessment will be conducted to evaluate site conditions, physical features, driver behavior, and other traffic characteristics to aid in the development of an accurate base conditions traffic model. TASKS: 2.1. Review existing plans, documents, and policies 2.2. Collect and evaluate traffic data 2.3. Request and analyze safety data 2.4. Conduct field review and assessment 2.5. Develop base model of existing conditions DELIVERABLES: • Existing conditions traffic data • Base traffic model Task 3: Alternatives Analysis Working concurrently with the design team, we will assist in developing and evaluating intersection treatment alternatives. For these two termini intersections, we will conduct an Intersection Control Evaluation (ICE) process to thoroughly vet geometric and traffic control solutions and to assist the City of Bozeman in selecting the best choice for each intersection. RPA will document the entire process to ensure transparent, objective, and thoughtful decision making and to gain public trust and support for the selected alternatives. The identified alternatives will be compared using qualitative and quantitative performance metrics such as safety and operational performance, cost and value, environmental and right-of-way impacts, and multimodal accommodations.To better compare the traffic performance of alternatives, calibrated traffic models will be developed. For safety conditions, we will conduct a review of FHWA's Crash Modification Factors Clearinghouse to estimate the expected safety conditions for each option. The Page 2of4 WA DocuSign Envelope ID:5F013072-1371 D-4793-9FDC-C8EBDAB29DCC Bozeman N 2711 Ave January 31,2024 Scope of Services results of the evaluation will provide defendable quantitative information to aid in the decision-making process. ASSUMPTIONS: • Improvement options will focus on the intersections at Baxter Lane and Cattail Street. The options will be evaluated using the information from the field review and as provided by Morrison-Maierle and the City of Bozeman. The options will include evaluation of safety, operations, project costs, utility relocations, right-of-way acquisition, and other impacts as outlined in the tiered evaluation process. • Projected traffic conditions will be estimated based on traffic growth estimates in coordination with the City. The projected conditions will be used to ensure adequate project design life and to aid in the pavement section design. • Up to two (2) improvement options for each of the two intersections will be evaluated. Exhibits will be prepared by Morrison-Maierle for each improvement option to help determine potential impacts and cost. TASKS: 3.1. Identify intersection improvement option configurations 3.2. Evaluate projected traffic conditions 3.3. Conduct alternatives analysis (up to 2 options per location) 3.4. Identify recommended improvements DELIVERABLES: • Alternatives analysis results Task 4: Design Review and Support RPA will provide local expertise to aid in pre-design activities including geometric improvements, project development considerations, and electrical design and cost estimating. Our design team will provide miscellaneous review and support for the development and evaluation of improvement alternatives. ASSUMPTIONS: • The review and support will be based on past projects and experience in the Bozeman area. If additional effort is needed above the hours designated for this task, it will be added as an amendment. • This task includes pre-engineering activities necessary for electrical and lighting considerations and cost estimating. Full electrical design for potential traffic signal(s) and lighting will be completed by amendment in a future task. TASKS: 4.1. Review preliminary layouts and configurations 4.2. Provide pre-engineering and cost support for electrical and lighting 4.3. Miscellaneous review and support for pre-design activities DELIVERABLES: • Review comments and feedback • Preliminary cost estimates for electrical and lighting Page 3 of 4 WA DocuSign Envelope ID:5F013072-1371 D-4793-9FDC-C8EBDAB29DCC Bozeman N 2711 Ave January 31,2024 Scope of Services Task 5: Reporting This task includes all work necessary to prepare the Traffic Engineering Report. The report will establish existing conditions, identify potential areas of concern, and document the alternatives analysis process. The information is intended to be used as a supplemental technical appendix to the pre-design report developed by Morrison-Maierle. ASSUMPTIONS: • RPA will develop a draft Traffic Engineering Report for review by the City of Bozeman. • RPA will attend necessary review and approval meetings before finalizing the Traffic Engineering Report. TASKS: 5.1. Develop draft Traffic Engineering Report 5.2. Review and approval meetings 5.3. Finalize Traffic Engineering Report DELIVERABLES: • Draft Traffic Engineering Report • Final Traffic Engineering Report Task 6: Public and Stakeholder Involvement (future task) Public and stakeholder will be added through a future amendment after pre-design activities are completed. Page 4 of 4 WA DocuSign Envelope ID:5F0131 D-4793-9FDC-C8EBDAB29DCC Piet: North Avenue-Baxter to Cattail Cl ROBERT PECCIA&ASSOCIATES Client: Morrison Maierle(City of Bozeman) WAS Fee Estimate for Engineering Services Date: 1/31/2024 Senior Senior Planner Traffic Transpo. Engineering Manager Lead Designer 1 PI Engineer Planner Designer Accounting TASK DESCRIPTION $ 238.43 $ 204.73 $ 218.31 $ 184.38 $ 153.46 $ 115.02 $ 174.56 TOTAL 1.0 PROJECT MANAGEMENT AND ADMINISTRATION 1.1 General administration and coordination duties 4.0 3.0 7.0 1.2 Prepare scope of services,fee estimate,and engineering 4.0 2.0 1.0 7.0 aqreement 1.3 Prepare for and attend up to three(3)project team 6.0 3.0 9.0 meetings 0.0 Sub Total Hours 14.0 5.0 0.0 0.0 0.0 0.0 4.0 23.0 2.0 EXISTING CONDITIONS AND INVESTIGATION 2.1 Review existing plans,documents,and policies 1.0 4.0 5.0 2.2 Collect and evaluate traffic data 2.0 40.0 42.0 2.3 Request and analyze safety data 1.0 8.0 9.0 2.4 Conduct field review and assessment 6.0 2.0 8.0 2.5 Develop base model of existing conditions 4.0 24.0 16.0 44.0 0.0 Sub Total Hours 14.0 2.0 0.0 28.0 8.0 56.0 0.0 108.0 3.0 ALTERNATIVES ANALYSIS 3.1 Identify intersection improvement option configurations 2.0 4.0 6.0 3.2 Evaluate projected traffic conditions 4.0 16.0 8.0 28.0 3.3 Conduct alternatives analysis 8.0 24.0 16.0 48.0 3.5 Identify recommended improvements 2.0 2.0 8.0 4.0 16.0 0.0 Sub Total Hours 16.0 6.0 0.0 48.0 0.0 28.0 0.0 98.0 4.0 DESIGN REVIEW AND SUPPORT 4.1 Review prelimary layouts and configurations 2.0 8.0 4.0 14.0 4.2 Provide pre-engineering and cost support electrical and 4.0 8.0 12.0 lighting 4.3 Misc.review and support for pre-design activities 2.0 8.0 4.0 14.0 0.0 Sub Total Hours 4.0 20.0 0.0 16.0 0.0 0.0 0.0 40.0 5.0 REPORTING 5.1 Develop draft Traffic Engineering Report 8.0 4.0 32.0 4.0 16.0 64.0 5.2 Review and approval meetings 6.0 2.0 4.0 12.0 5.3 Finalize Traffic Engineering Report 2.0 2.0 12.0 2.0 8.0 26.0 0.0 Sub Total Hours 16.0 8.0 0.0 48.0 6.0 24.0 0.0 102.0 6.0 PUBLIC AND STAKEHOLDER INVOLVEMENT(FUTURE TASK) 0.0 0.0 Sub Total Hours 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 TOTAL PERSON-HOURS 64.0 41.0 0.0 140.0 14.0 108.0 4.0 371.0 LABOR SUBTOTAL COST $ 15,259.78 $ 8,393.93 $ $ 25,813.20 $ 2,148.44 $ 12,422.16 $ 698.24 $ 64,735.75 DIRECT EXPENSES Computer Per Hour $ 2.50 Hours 324 $ 810.00 CADD Per Hour $ 7.00 Hours 22 $ 154.00 Mileage Per Mile $ 0.670 Miles 600 $ 402.00 Per Diem-Day Per Day $ 59.25 Days 3 $ 177.75 Per Diem-Lodging Per Night $ 171.00 Nights 0 $ - Traffic Data Collection(TMC)-Miovision Per Hour $ 20.00 Hours 96 $ 1,920.00 DIRECT EXPENSE SUBTOTAL $ 3,463.75 SUMMARY OF ENGINEERING SERVICES Loaded Labor $ 64,735.75 Direct Expense $ 3,463.75 TOTAL: $ 68,199 DocuSign Envelope ID:5F013072-1371 D-4793-9FDC-C8EBDAB29DCC .E� Civil Engineering . Geotechnical Engineering . Land Surveying ALLIED 32 Discovery Drive Bozeman,Montana 59718 ENGINEERING Ph: (406) 582 0221 SERVICES.INC. `�� Fax: (406) 582-5770 Diverse Prole February 7, 2024 Morrison Maierle c/o James Nickelson 2880 Technology Blvd. W Bozeman, MT 59718 e-mail: jnickelson@m-m.net (Sent via e-mail only) Re: REVISED Scope and Fee Geotechnical Services for Pre-Design N. 271h Ave.—Baxter to Cattail — Bozeman, MT Dear Mr. Nickelson: This letter provides our proposed REVISED scope and fee for geotechnical services for pre-design of the N. 271"Ave. —Baxter to Cattail project, located on the northwest side of Bozeman. We look forward to being part of the Design Team. Our scope and fee is presented as Phase 0—Pre-Design Geotech. This revised proposal replaces our original scope and fee letter, which was issued on August 18, 2023. The original proposal included the following three phases and was for all work required for a complete and final geotechnical investigation and report. • Phase 1: Geotechnical Investigation and Report: $30,000 • Phase 2: Additional Borehole Drilling and Report Addendum: $10,000 • Phase 3: 2024 Groundwater Monitoring of On-site MWs: $10,000 Total: $50,000 Reason for Revised Proposal Since the project is only in the pre-design phase, the City would like to do less geotechnical work at this stage of the project in order to reduce some of the front-end costs. The main scope/purpose of the initial geotechnical work, which we are calling Phase 0 — Pre-Design Geotech, is to investigate the soil conditions throughout the project corridor with less explorations and develop some pavement section options for design evaluation and cost estimating. At this point in the project, there is no need for borehole drilling (for traffic signals) and groundwater monitoring. www.alliedengineering.com DocuSign Envelope ID:5F013072-1371 D-4793-9FDC-C8EBDAB29DCC James Nickelson Geotechnical Services for Pre-Design February 7,2024 N. 27th Ave.—Baxter to Cattail—Bozeman, MT Cost Savings in Revised Proposal We are proposing a cost of $15,000 for the Phase 0 — Pre-Design Geotech work. Since this work was included in the Phase 1 work (in the original proposal), the Phase 1 geotechnical budget would then be reduced from $30,000 to $15,000 (if the project moves forward with final design). The cost savings for the Phase 0 work are the result of the following items: • Less test pit explorations. (Note: If needed, more test pits will dug during Phase 1.) • Less lab testing. (Note: If needed, more lab testing will be done during Phase 1). • Design memo with summary of conditions and pavement section options (in lieu of final report). Scope of Work (Phase 0: Pre-Design Geotech) • Subsurface Explorations(Test Pits): o Stake test pit locations prior to utility locate request. o Call in utility locate request. o Dig test pits along corridor during portion of one day. ■ We will plan on digging 6 to 8 test pits at 400 to 500-foot spacing ■ Test pits will be dug to depth of 6.0 to 8.0 feet. o Test pits will be dug by sub-contract excavator under field supervision of AESI. ■ Lee Evans(AESI)will be on-site for all test pit work. o All test pits will be backfilled with 4" PVC pipe for use as future GW monitoring wells. o Soil and groundwater conditions will be logged and photographed. o Soil samples will be collected for lab testing. o All test pits will be fully backfilled and staked with identifying lath. • Laboratory Testing of Samples: o Natural moisture content. ■ Tested by AESI. ■ All samples above the groundwater table. o Standard proctors w/CBRs. ■ Tested by Pioneer Technical Services. ■ We are planning on only testing two samples of the silt/clay. • Geotechnical Analysis and Design Memo: o Analyze pavement section design options. o Prepare a short deign memo,which will include: ■ Summary of site conditions and pavement section options. 32 Discovery Drive . Bozeman,Montana 59718 . Ph:(406)582-0221 . Fax:(406)582-5770 .www.alliedengineering.com Page 2 DocuSign Envelope ID:5F013072-B71 D-4793-9FDC-C8EBDAB29DCC James Nickelson Geotechnical Services for Pre-Design February 7,2024 N. 271h Ave.—Baxter to Cattail—Bozeman, MT Fixed Fee Cost We will undertake our Phase 0- Pre-Design Geotech scope of work on a fixed fee basis for$15,000. Our fee includes the cost for the sub-contract excavator, sub-contract lab testing, and the groundwater monitoring well supplies. The terms and conditions under which our services are offered will be in accordance with the enclosed agreement for professional services. Those services not anticipated in our scope of work will be provided at the Client's request on a time and materials basis, or under separate agreement or authorization, as the services are identified and requested by the Owner. Provided below is a general breakdown of our fees: Phase 0: Pre-Design Geotech ($15,000): • Lee Evans(AESI): 60 hours at$180/hr: $10,800 • Sub-contract excavator: $2,000 (est) • Monitoring well supplies: 8 at$40/ea: $320 • Lab testing costs: $1,500 (est) TOTAL: $14,620 (rounded to$15,000) If this proposal meets with your approval, please sign in the space provided below and return a copy to our office indicating your authorization of the work. You can email me a signed copy of the contract at levans@alliedengineering.com. This proposal is good for 30 days. If you have any questions about this proposal or need any additional information regarding our proposed scope of work, please give me a call at 1-406-582-0221. Sincerely, Allied Engineering Services, Inc. Lee S. Evans, PE Geotechnical Engineer enc: Agreement for Professional Services 32 Discovery Drive . Bozeman,Montana 59718 . Ph:(406)S82-0221 . Fax:(406)582-5770 . www.alliedengineering.com Page 3 DocuSign Envelope ID:5F013072-1371 D-4793-9FDC-C8EBDAB29DCC James Nickelson Geotechnical Services for Pre-Design February 7,2024 N. 27th Ave.—Baxter to Cattail—Bozeman, MT If you accept the scope for Phase 0: Pre-Design Geotech for a fixed fee of $15,000, please sign below and e-mail back to me at levans@all iedengineering.com. As stated in the proposal, this fee includes the costs for the sub-contact excavator, sub-contract lab testing, and groundwater monitoring well supplies. By: Signature: (print) Date: Mailing Address: Phone Number: Cell Number: E-mail Address: P:\2023\23-108 N.27`h Ave.—Baxter to Cattail-Geotech\Project Manage ment\Proposals\2024_02_07 N.271h Ave.—Baxter to Cattail-Geotech Proposal—Pre-Des ign 32 Discovery Drive . Bozeman,Montana 59718 . Ph:(406)582-0221 . Fax:(406)582-5770 . www.alliedengineering.com Page 4 DocuSign Envelope ID:5F013072-B71 D-4793-9FDC-C8EBDAB29DCC February 7,2024 Geotechnical Services for Pre-Design N.27th Ave.—Baxter to Cattail—Bozeman, MT Page 1 of 4 r� a r ALLIED i ENGINEERING SERVICES,INC. o�J LDS �IVerse Prole AGREEMENT FOR PROFESSIONAL SERVICES (for fixed fee contracts) The Agreement This agreement is made by and between Allied Engineering Services, Inc. of 32 Discovery Drive, Bozeman, Montana, 59718, hereinafter referred to as AESI, and Morrison Maierle, hereinafter referred to as CLIENT. This agreement between the parties consists of these terms and the attached proposal and any exhibits or attachments noted in the proposal. Together, these elements will constitute the entire agreement, superseding any and all prior negotiations, correspondence, or agreements either written or oral. Any changes to this agreement must be mutually agreed to in writing. If this proposal is not accepted within one month of the proposal date, AESI reserves the right to amend or withdraw the proposal as appropriate. Standard of Care Services provided by AESI under this agreement will be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the engineering profession practicing contemporaneously under similar conditions in the locality of the project. CLIENT and their agents shall examine and respond to AESI's submissions; and give prompt written notice to AESI whenever CLIENT observes or otherwise becomes aware of any defect in the work. Of significance with respect to this provision is a contractor's responsibility to check designs and staking during construction. Site Access and Site Conditions CLIENT shall grant or obtain free access to the site for all equipment and personnel necessary for AESI to perform the work set forth in this agreement. AESI will take reasonable precautions to minimize damage to the site, but it is recognized by CLIENT that, in the normal course of work some damage may occur (such as may result from gaining access with vehicles, or by subsurface explorations) and the correction of such damage is not part of this agreement unless so specified in the proposal. CLIENT shall furnish all available records (as-built drawings, construction records, etc.) indicating the existing site conditions including locations of all underground structures and utilities. AESI will take reasonable precautions to avoid known underground structures or utilities, but CLIENT agrees to hold AESI harmless from any damages that may result due to underground structures or utilities that were not identified or accurately located. Basis of Fees for Professional Services CLIENT agrees to pay AESI on a fixed fee basis for the scope of work described in the attached proposal. If it becomes necessary to increase the scope of work for reasons not in the control of AESI, additional services will be charged on a time and materials basis with prior approval from the client. For DocuSign Envelope ID:5F013072-B71 D-4793-9FDC-C8EBDAB29DCC February 7,2024 Geotechnical Services for Pre-Design N.27th Ave.—Baxter to Cattail—Bozeman, MT Page 2 of 4 reimbursable expenses and services provided by independent professional associates, consultants or subcontractors employed by AESI, CLIENT agrees to pay the amount billed to the AESI times a factor of 1.10. Billable hourly rates for the various categories of employees are summarized as follows: Employee Category Billable Hourly Rate Engineer VIII $205/hour Engineer VII $180/hour Engineer VI $155/hour Engineer V $145/hour Engineer IV $130/hour Engineer III $115/hour Engineer II $105/hour Engineer $95/hour Surveyor VI $180/hour Surveyor $145/hour SurveyorlV $130/hour Surveyor III $120/hour Surveyorll $100/hour Surveyorl $90/hour Sr. CAD Designer $115/hour CAD Technician $100/hour Environmental Specialist $130/hour Project Representative $95/hour Intern $65/hour Administration $60/hour GPS Use $25/hour Total Station Use $20/hour Drone $50/day LiDar Drone $150/hour-4 hour min. ATV Use $25/hour Nuclear Densometer $10/hour or$40/day Concrete Cylinder Break $10/each Mileage/Truck Rental $0.75/mile or minimum $35/day Aquifer Monitoring Equipment $200/month or$75/week Monitor Well Kits $40/each • Hourly rates and staff classifications are reviewed by our Board of Directors annually and may be subject to change. Reimbursable Expenses Reimbursable Expenses mean the actual expenses incurred by AESI in connection with the Project, such as expenses for: transportation; subsistence; toll telephone calls; reproduction of reports, Drawings, Specifications, Bidding Documents and similar Project-related items; computer time; equipment rental; and if authorized in advance by CLIENT, overtime work requiring higher than regular rates. DocuSign Envelope ID:5F013072-B71 D-4793-9FDC-C8EBDAB29DCC February 7,2024 Geotechnical Services for Pre-Design N.27th Ave.—Baxter to Cattail—Bozeman, MT Page 3 of 4 Billing and Payment AESI shall submit invoices monthly and/or at project milestones for services rendered and for reimbursable expenses incurred. AESI also reserves the right to require full payment of any outstanding invoices and/or full payment of said contract prior to submittal of deliverables to the CLIENT. If CLIENT disputes the amount of a billing, CLIENT will notify AESI in writing within ten (10) calendar days of the receipt of bill of the dispute. Payment is due thirty (30) calendar days from the date of bill. CLIENT agrees that interest at the maximum rate allowed by law will accrue on all amounts past due, and that failure to pay AESI within sixty (60) days may be considered a breach of this agreement. CLIENT also agrees to pay all collection fees if collection services become necessary. Termination CLIENT shall have the right to terminate this agreement at any time by giving written notice to AESI.This agreement may be terminated by AESI in the event of substantial failure of performance by CLIENT, or if CLIENT suspends the work for more than three (3) months. In the event of termination, AESI will be paid for services performed prior to the date of termination. If the agreement is terminated by CLIENT, AESI shall also be entitled to reasonable termination expenses, including, but not limited to the cost of completing records, and reports necessary to document job status at the time of termination. Legal Relations AESI shall comply with all Federal, State, and Local laws and ordinances applicable to the work to be done. AESI hereby agrees to indemnify and hold CLIENT harmless from all claims and liability due to the activities of AESI, their agents, employees, or both in performing the work required. Any and all employees of AESI engaged in the performance of work or services required by this agreement shall be considered employees of AESI only and not of the CLIENT. The CLIENT hereby agrees to indemnify and hold the AESI harmless from all claims and liability due to the activities of CLIENT,their agents, employees, or both, in performing the work required. AESI is and shall perform this agreement as an independent contractor, and as such, is responsible to the CLIENT 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 of this agreement. AESI 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. This Agreement applies to and shall be binding on the heirs, personal representatives, successors and assignees of the respective parties. The CLIENT hereby guarantees the performance of the terms and conditions contained and set forth in this contract to be kept and performed on the part of the Owner, including but not limited to, the promise to pay for services and materials rendered. In this regard should the owner company not pay DocuSign Envelope ID:5F013072-B71 D-4793-9FDC-C8EBDAB29DCC February 7,2024 Geotechnical Services for Pre-Design N.27th Ave.—Baxter to Cattail—Bozeman, MT Page 4 of 4 its invoices when due, Allied may proceed directly against the undersigned personally and individually, jointly or severally without exhausting its remedies as to the owner company. This provision shall be construed according to the laws of the State of Montana. Limitations AESI takes no responsibility for hazardous materials or similar unknown site/building conditions that may exist at the project. While AESI is responsible for its own employees, AESI takes no responsibility for jobsite and worker safety and for construction means, methods, techniques, sequences and procedures of other companies. Lastly, CLIENT agrees to limit AESI's liability for all causes, including errors, omissions, and negligence, to an amount not to exceed two times the sum total of AESI invoices to the CLIENT for the project in question. DocuSign Envelope ID:5F013072-B71D-4793-9FDC-C8EBDAB29DCC EXHIBIT D-1-Engineering Fee Estimate NONh 27ih Ale(Baxter to Cattail)-Pre-Design Services STAFF HOUR ESTIMATE TOTAL SUPERVISING SUPERVISING SENIOR DESIGN DESIGN ENGINEER ENGINEER SURVEY CADD TOTAL COST HOURS ENGINEERIII ENGINEER II ENGINEER ENGINEER II ENGINEER SCIENTIST III SURVEYOR 1%SURVEYOR III CREW DESIGNER II CLERICAL FOR TASK Pra4)esi,n Task 1.1 Proiect Planning General Prokct Mana,ement 16 16 Miscellaneous Exoense 5 Total MTask $ - 16 16 $ 3.908 Taek 1.2-Survey and Research Once ResearcM1 antl Comculalions 24 10 14 Getam ADDaaa Pemto.—mr Sarrev e 6 Hon—L.and V.—I CO 1 10 6 To,D,ra0ic ddSurrey 80 32 Once$urvev Dale F—i. 48 ?6 32 Pro—and Easement Re.—h 12 Ri.hIDi Way Sunev 12 10 4 Wetland Fla,P—, 4 U01iN ComoanvCwNlnalion 8 8 Salley Quakty As­V. 12 e 4 Su11ev Equipment S 2,411 Miscellaneous Exoense E So. T-I MTask S 2.900 1.a a 42 76 40 32 $ 3.5110 Teak 1.3 I.W—Son end Roadway O.Non Evaluation Proiact COMdinadon 12 4 d Horizontal AllgnmeM 24 4 20 PrellminaN TVDIUI Sections 14 2 Etn-L—t 24 4 4 16 RM MWav Layout 4 EaM1i0iR 26 2 4 12 8 IntersectM and Raadwxv O,Bon EvaluMl0n Memo 20 4 16 WOA Session MM C0v51a0 8 4 4 Ro0ad Patch and Assoc— S 60.201 McWlaneous Exoense E 500 T—MTask S .0.101 132 14 14 60 36 8 $ 84,3 Taek 1.4 IMersecdo.and Roadway Pre -Io. P.-IC—ation 8 4 IntersactM Layout Refinement 4 16 Flnaliu—.1 Becl'wns 18 2 8 8 Fi.'.SM,I.q L.AAt 2 1] M.S M W.ADorwtlmale 1-- 8 8 reU—Plan Lavoul Sh." 34 2 24 e Ro0ed Peale end Assocleles E 1.104 S ToIeIMTask Exm E 6.204 110 6 0 68 28 E 25.751 Teak 1.5 Cooddor LlaMlnq Praha COMdinaoo. 3 1 2 Ro0ed Peale end A....s E 2.294 $ Tole)MTaska Ex E 2.294 3 1 2 E 2.896 Teak 1.6 Sewer and Water P—Do.an Praha COMdinaSon 1 1 Seirerand WMa Rev'ww 8 0 S Tolel MTasks Ex E - 9 1 8 E 1.785 Teak 1.7 Stormwater Pre-0esian Prolat COMB hon 2 2 SlarmweM CalcuMMs 40 40 Stomiwater Design 24 24 Mhallaneous Exoense E 50 —MTask S 50 66 2 40 24 S 12.537 ak 1.3 EnNron—I Planning P.-CooMlnalion 4 2 2 WaIHntl DellneMbn 24 2 22 Miasllaneous E.—. E 50 T-MTask S 50 28 2 2 2 22 S S.272 1.9 Geokcknical Inve math. P—CooMination 6 4 2 QeMach—I ln—.11ion&Recommendatlo.e(AES) S 15.000 Miasllaneous Exomae E T-MTask S 15.000 0 4 2 S 16307 1.10 Prc-Halo.Cost Eedmale P.-C—I aim 2 2 Qu,ft Take Co 60 8 32 20 Unit Pridnq 10 2 8 MluMlaneous Expense E 50 TDINIMTaak $ 50 72 2 10 40 20 S 12.510 Taek 1.11 Pre-Deal-Memo P.-Coordlna0on PreOe M Memo Preoaralion 32 0 4 16 8 101-1.neous Expense S 50 TDINI MTask $ 50 34 6 4 16 8 S 5.836 Taek 1.12 Go.H.Assurance Quallly Assurance 24 12 12 Miasllaneous E.—. E 50 ToIaIMTask S 50 24 12 12 S 11.766 SUBTOTAL OF STAFF HOURS REQUIRED 098 00 34 70 212 88 22 42 78 40 40 0 HOURLY PAY RATE $71 $60 $B6 .2 $4a $42 $36 a. $50 348 I. $a. $25 MULTIPLIER 3A4 S'. S- 3A4 S- 3A4 S- 3A4 S" 344 3.44 3.44 144 HOURLY RATE $244 $234 $193 $1]9 $165 $144 $124 3186 $172 _S $255 —1 886 LABOR COST BV—ITION '16.120 $7.9. M.40 07.923 S12— $4.067 $7.2. $12.879 $10.182 M.220 $600 TOTAL LABOR: —.."STOTAL EXPENSES a 87.349.00 TOTAL COST OF PHASE: 121— S 215,544 Pa 1 DocuSign Certificate Of Completion Envelope Id:5F013072B71D47939FDCC8EBDAB29DCC Status:Completed Subject:Complete with DocuSign:N 27th PSA w Morrison-Maierle.pdf Source Envelope: Document Pages:30 Signatures:3 Envelope Originator: Certificate Pages:5 Initials:0 Mike Maas AutoNav: Enabled Stamps: 1 PO Box 1230 Envelopeld Stamping: Enabled Bozeman, MT 59771 Time Zone: (UTC-07:00)Mountain Time(US& Mmaas@bozeman.net Canada) IP Address:69.145.83.100 Record Tracking Status:Original Holder:Mike Maas Location: DocuSign 3/29/2024 11:06:18 AM Mmaas@bozeman.net Security Appliance Status:Connected Pool:StateLocal Storage Appliance Status:Connected Pool:City of Bozeman Location: DocuSign Signer Events Signature Timestamp Travis Eickman 11 Sent:3/29/2024 11:10:35 AM teickman@m-m.net Viewed:3/29/2024 11:51:47 AM Vice President [DI-Sig"ed 4A528BB06FA345B... Signed:3/29/2024 3:42:32 PM Morrison-Maierle, Inc. Security Level: Email,Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address:69.163.90.218 Electronic Record and Signature Disclosure: Accepted:3/23/2023 11:54:55 AM ID: 1166e530-0483-4247-94a4-a360ed274535 Chuck Winn EDII"Sillldbl: Sent:3/29/2024 3:42:33 PM cwinn@bozeman.net Sy ( iv Lt, Viewed:3/29/2024 4:25:27 PM 9 Acting City Manager Signed:3/29/2024 4:25:42 PM Security Level: Email,Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address:69.145.83.100 Electronic Record and Signature Disclosure: Accepted:3/29/2024 4:25:27 PM ID:7c9eb55c-47a1-4356-bde5-8de7a09ff1a3 Mike Maas by: Sent:3/29/20244:25:44 PM mmaas@bozeman.net ED—Signed Lt0, MaasViewed:4/2/2024 2:35:22 PM Y 9Cit Clerk F4,F922095AB475 Signed:4/2/2024 2:35:29 PM City of Bozeman Security Level: Email,Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address:69.145.83.100 Electronic Record and Signature Disclosure: Accepted: 1/6/20204:08:14 PM ID:79370d6f-72a4-4837-866f-9ec31 f00062f In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Bob Murray COPIED Sent:4/2/2024 2:35:31 PM bmurray@bozeman.net Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:8/4/2022 2:19:11 PM ID:f3704910-2140-4923-b341-b5a526f6b3d4 Alex Newby Sent:4/2/2024 2:35:32 PM anewby@bozeman.net COP E D Deputy City Clerk City of Bozeman Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:4/1/2024 10:22:16 AM ID:3e8415b5-e656-4971-8e88-e1949020dd39 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 3/29/2024 11:10:35 AM Certified Delivered Security Checked 4/2/2024 2:35:22 PM Signing Complete Security Checked 4/2/2024 2:35:29 PM Completed Security Checked 4/2/2024 2:35:32 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on:7/9/2018 4:06:02 PM Parties agreed to:Travis Eickman,Chuck Winn,Mike Maas, Bob Murray,Alex Newby CONSUMER DISCLOSURE From time to time, City of Bozeman(we,us or Company)may be required by law to provide to you certain written notices or disclosures. 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