HomeMy WebLinkAbout14- CIP Field Survey PSA Agreement CAPITAL IMPROVEMENT PROJECTS FIELD SURVEY
PROFESSIONAL SERVICES AGREEMENT
Ti11S IS AN AGREEMENT made as of Ok/ ham I ?) . 2019 , between THE CITY OF
BOZEMAN, a Municipal Corporation. Bozeman,P.O. Box 1230, Bozeman, Montana., 59715 (OWNER) and
Morrison-Maierle,Inc.,P.O.Box 1113,Bozeman,Montana,59718,(ENGINEER).
Whereas the accomplishment of the work and services described in this Agreement is essential to the OWNER'S
public works improvement program.
Whereas the OWNER intends to and has selected the ENGINEER to provide necessary and professional engineering
services for the project.
Whereas the ENGINEER represents that it is willing and qualified to perf ern 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:
The conditions and provisions set forth in the attached EXHIBIT A EN INE:Y!: ` ' T!'c '„ :G
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AUTHORITY OP THE RESIDENT PROJE ' nrP!Ift.1Y"'TATIVE, EXHIBIT C - SCOPE OF SERVICES FOR
CAPITAL IMPROVEMENT PROJECTS FiELD SURVEY and EXHIBIT D — FEE ESTIMATE are hereby
incorporated in and made part of this Agreement.
ARTICLE 1-ENGINEERING SERVICES
I.1. The detailed description of the specific project components is described as follows:
Pcrfonn a design level topographic survey and prepare deliverables(hard/digital copies)for use by the OWNER.
12. The scope of services under this contract is set forth in this agreement and the attached EXHIBITS.
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
he John R.Schunke,P.E.
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2.6. The ENGINEER shall name a Project Manager who shall be the liaison between the ENGINEER and the
OWNER. The Project.Manager shall be Kevin D.Jacobsen,P.E. 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.
2.7. The ENGINEER shall submit an estimated progress schedule at the beginning of the work,and monthl\ 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 Robert J.Murray,Jr.,P.E.
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—NOT APPLICABLE
After written authorization to proceed,ENGINEER shall:
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4.2 PRELIMINARY DESIGN PHASE
After • .. • • •- -•.'c - .. . • _ • written authorization to proceed with the Preliminary Design
Phase,ENGINEER shall:
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4.2.1. Desien and Construction Survey: The ENGINEER shall conduct a design field survey of the project
areas, as necessary, for locating existing utilities(such as gas, power, telephone, TV cables, water and sewer
lines, irrigation facilities. fences, and approach driveways), existing right-of-way and casements, and making
measured drawings of or investigating conditions of existing facilities. The ENGINEER shall provide suitable
horizontal and vertical reference control points for the construction phase.
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4.2.9. ENGINEER shall prepare and Iiirnish complete paper and electronic copies of the survey utilizing
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The Preliminary Design Phase will be completed and submitted within 15(1 calendar days following written
authorization from OWNER to ENGINEER to proceed with that phase of services. Task 100 shall he completed and
delivered to OWNER 45 days following written authorization to proceed.
4.3 FINAL DESIGN PHASE-NOT APPLICABLE
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4.5 CONSTRUCTION PHASE—NOT PART OF INITIAL SCOPE OF SERVICES
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4.6. PROJECT DOCUMENTATION-NOT PART OF INITIAL SCOPE OF SERVICES
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4.7. CONSTRUCTION TESTING-NOT PART OF INITIAL SCOPE OF SERVICES
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ARTICLE 5-ADDITIONAL SERVICES
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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 the Agreement:
5.1.1. Legal land surveys perforined to obtain data for preparing easements and rights-of-way descriptions.
5.1.2. Preparation of applications and supporting documents for governmental agencies in addition to those
required under Basic Services; preparation or review of environmental studies and related services: and
assistance in obtaining environmental approvals.
5.1.3. Services resulting from significant changes in the general scope, extent or character of the Project or
major changes in documentation previously accepted by OWNER where changes are due to causes beyond
ENGINEER's control.
5.1,4. Providing renderings or models.
5.1.5. Preparing documents for alternate bids requested by OWNER for work not executed or for out-of-
sequence work.
5.1.6, Providing other services not otherwise provided for in the 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?. 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.
52,3. 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 (I) work damage by tire or
other causes during construction,(2)a significant amount of defective or neglected work of any Contractor, (3)
acceleration of the progress schedule involving services beyond normal working hours, (4) default by any
Contractor.
ARTICLE 6-COMPENSATION FOR ENGINEERING SERVICE
6.1 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER
6.1.1 Payment. The OWNER shall for design phase services performed as Basic Engineering Services under
sections 4.1 through 4.3 of this agreement pay a total sum in the amount of$65.135.30 for such services.
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6.1.2 Payment Schedule. Total cumulative payments for the design phase engineering services (sections 4.1
through 4.4)shall not exceed the following ceilings:
$11.061.4(1 (17% of design fee)until Task 100 has been completed and submitted to the OWNER and review
authorities.
$65,135.30 (1(X)% of design fee) until Tasks 100, 2(X), and 300 have been completed and submitted to the
OWNER and review authorities.
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6.1.3 General. Engineer shall submit monthly statements for services rendered. 'lite 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 the Agreement.
6.1.4 Reimbursable Expenses. Only those expenses specifically identified tier payment under section 6.2 of
this Agreement are reimbursable. All other design related expenses are included in the Lump Sum Payment for
the Basic services (4.1 through 4.4) and arc not separately reimbursable. Additional Services specifically
identified under the scope of design services for payment under 6.1 are not separately reimbursable.
6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER.
Construction and project documentation services performed as Basic Engineering Services under sections 4.4 through 4.7
including General Administration of Construction Contract,Resident Project Representation,Project Documentation,and
Construction Testing shall he compensated in accordance with the following:
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exceed w' -::, :ted under 6.2.1.2 and 6.2.4.
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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 15, or an
amount otherwise negotiated at the time such services arc 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 specifics, 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 $58.00/hour
Supervising Engineer Ill $55.00/hour
Supervising Engineer II $51.00/hour
Supervising Engineer I $48,00/hour
Senior Engineer II $44.00/hour
Senior Engineer t $41.00/hour
Design Engineer II $37.00/hour
Design Engineer I $34.00/hour
Engineer Technician II $32.50/hour
Engineer Technician I $29.00/hour
Engineer Intern $27.00/hour
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Senior Survey Manager $47.00/hour
Land Surveyor III $36.00/hour
Land Surveyor II $32.50/hour
Survey Technician III $25.50/hour
Two Person Survey Crew $56.00/hour
Administrative Specialist II $20.00/hour
Administrative Specialist 1 $I8.50/hour
*Non professional classified employees subject to time and one-half over time rates.
7.4 REIMBURSABLE EXPENSES
Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER'~ 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 killing, 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
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cover any additional costs to the OWNER because of the ENGINEER'~default. If termination for convenience
is effected by the OWNER, the cxluitable adjustment shall include a reasonable profit, as determined by owner.
for services or other work performed. The equitable adjustment for any termination shall provide for payment to
the ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination
settlement costs reasonably incurred by the ENGINEER relating to commitments which had become firm prior to
the termination,
9.1.3 Upon receipt of a termination action under paragraph 9.1.2. the ENGINEER shall (I) 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 tide 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 he considered employees of the ENGINEER only and not of the OWNER
9.4 NONDISCRIMINATION
The ENGINEER will have a policy to provide equal employment opportunity in accordance with all applicable state and
federal anti-discrimination laws,regulations,and contracts.
The ENGINEER will not refuse employment to a person,bar a person from employment,or discriminate against a person
in compensation or in a term,condition,or privilege of employment because of race,color,religion,creed,political ideas,
sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental
disability,except when the reasonable demands of the position require an age,physical or mental disability, marital status
or sex distinction.
The ENGINEER shall be subject to and comply with Title VI of the Civil Rights Act of 1964:Section 140.Title 2.United
II
States Code,and all regulations promulgated thereunder.
The ENGINEER shall require these nondiscrimination terms of its sub-consultants providing services under this
agreement.
9$ 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 The ENGINEER agrees to defend, indemnify and hold harmless the OWNER, its officers, directors,
agents and employees from and against any suit,cause of action,claim,cost,expenses,obligation and liability of
any character, including attorney's fees, which is brought or asserted for any bodily injury,death, or physical
damage to property received or sustained by any person, persons,property,business or any other entity, arising
out of or resulting from,or in connection with the ENGINEER'S negligent performance of the work specified in
this agreement.
9.7.3. The ENGINEER agrees to defend, indemnify and hold harmless the OWNER, its officers, directors,
agents and employees,should OWNER,its officers,directors,agents or employees be named as a defendant in
any action where the OWNER'S alleged liability arises from the negligent performance of the ENGINEER'S
work herein described. The obligations of the ENGINEER to defend,indemnify and hold harmless the OWNER
will apply to any suit,cause of action,claim,cost or obligation including,without limitation,those alleged under
the common law or pursuant to a federal or state statute or regulation including those arising in tort, trespass.
nuisance,and strict liability.
9.7.4 In the event the OWNER is found proportionately responsible for any damages ultimately awarded to a
plaintiff or plaintiffs in any lawsuit, the ENGINEER will be responsible for only those damages, costs, or
liabilities as am attributable to the ENGINEER'S percent of fault as compared with MM.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 he 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 defend, 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
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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 fes 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:
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Tyne of Coverage Limits
Employers'Liability: $ 100.000. per accident
General Liability:
Bodily Injury&Property Damage
Single and combined $ 1,000.000.per accident
General Aggregate: $2,0®,000.
Excess Liability Coverage(umbrella) $1.0(10,(X1).each occurrence
Au tomobile:
Bodily Ii jury covering all $ 1,000,(X)0 each person
automobiles,trucks,
tractors,trailers,or $ 1.000,(X)0 each occurrence
other automotive equip-
ment whether owned or
rented by Engineer or
owned by employees of
Engineer.
Pronertv Damage covering $ 100.000 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 $1,00),(K)0 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: $ l.0( ),(X)0 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
14
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 he joint property of the ENGINEER and the OWNER. Provided that the OWNER, state agencies or
political subdivisions and the United States Government shall have the irrevocable, nonexclusive, nontransferable and
royalty-free license to use each invention in the manufacture, use and disposition, according to law. of any article or
material,and in the use of any method that may be developed as part of the work described and contemplated herein.
9.13 RECORDS
The ENGINEER shall maintain accounting records and other evidence pertaining to the cost incurred and to make the
records available at all reasonable times during the Contract term and for one (I) year front the date of final payment.
Such accounting records and other evidence pertaining to the cost incurred will he made available for inspections by
OWNER.
9.1 4 SUCCESSORS IN INTEREST
'Ihe covenants, agreements and all statements in this Contract apply to and shall be binding on the heirs, personal
representatives.successors and assigns ot'the respective parties.
9.15'ATTORNEY'S FEES AND COSTS
That in the event it becomes necessary for either Party of this Contract to retain an attorney to enforce any of the terms or
conditions of this Contract or to give any notice required herein, then the prevailing Party or the Party giving notice shall
be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City
Attorney.
9.16 MODIFICATIONS AND AMENDMENTS
That any amendment or modification of this Contract or any provisions herein shall be made in writing or executed in the
same manner as this original document and shall after execution become a part of this Contract.
15
In witness Whereof.the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN,MONTANA ENGINEER
BY: ( C14: 1 — Com,
(City Manager) Ci(Vice-President)
DATE: IO — 13 " I 1 DATE: 4:3 r--E'c4 fj[oki
ATTEST: >` >
'
BY: �c •- -
City - "' d +YT —.\ y4 ' ;
w✓
�
•,, -1..mss ' *'.. ' :
\IL
16
Ad
MORRISON
MAIERLE,INC
An fnWbv[Owned Co, 4nY
Exhibit C - Scope of Services for Capital Improvement Projects Field Survey
September, 2014
Preliminary Design Phase
•
The preliminary design phase will proceed following written authorization to proceed from the
owner. The topographic survey shall occur during this phase.
This phase includes specific tasks and sub-tasks that will be provided for the Capital
Improvement Projects Field Survey. Each task encompasses a specific survey area within the
City of Bozeman and the sub-tasks define the work elements for each task.
The tasks defined for this project include the following and are illustrated on the attached figures
within Exhibit C:
Task 100- West Olive Street
Task 200- East Olive Street
Task 300- Wilson Avenue
Task 100 to be completed and delivered to the City of Bozeman within 45 days of written
authorization to proceed. Tasks 200 and 300 to be completed and delivered to the City of
Bozeman by the end of December 2014.
The following sections describe each sub-task as well as identifying the deliverable for each sub-
task.
Sub-task 001
Office Research and Computations
Task Description —Complete research and computations as well as preparation of survey
equipment and files required for field survey.
Task deliverable—N/A.
Sub-task 002
Horizontal and Vertical Field Control
Task Description — Establish vertical / horizontal control and provide horizontal control
points and vertical benchmarks at each intersection or at intervals not to exceed 1,000
feet.
Task deliverable— N/A
Ali MORRISON
ilk MAIERLE,INC
An Imp.itym•O.r.1(a„v,.,.
Sub-task 003
Topographic Field Survey
Task Description — Complete a topographic design survey of the right of way including
areas beyond right of way as necessary to locate curb boxes. Extend survey to fifty feet
down each intersecting roadway and survey next manhole, water valve. etc. along
intersection. Survey includes surface features and subsurface utilities, including depth
information on water, sewer, and storm utilities. Manholes shall have center of lid and
center of manhole located. Horizontal locations of underground utilities provided by
utility locate personnel using pin flags and paint markings. Underground utility materials
and sizes to be noted based on locates and City of Bozeman provided service cards and
record drawings. Advise city staff of any discrepancies between survey and service
cards/record drawings. City of Bozeman to provide vacuum excavation services as
needed for valve boxes,sewer and storm manholes/inlets.
Task deliverable—N/A.
Sub-task 004
Office Survey Data Processing
Task Description — Download survey data and prepare topographic mapping drawings
using standard Morrison-Maierle line work and symbols.
Task deliverable—N/A
Sub-task 005
Field Survey Verifications
Task Description —Review topographic survey drawings for completeness and accuracy
by walking the project area with drawings in hand. Based on field review, complete
additional survey as necessary and update survey drawings.
Task deliverable—N/A.
Sub-task 006
Deliverables
Task Description— Prepare project notebook.
Task deliverable — Topographic mapping exhibits (both paper and electronic) for each
survey area. Overall control exhibits (both paper and electronic) for each survey area.
Topographic and control exhibits may be combined. Electronic AutoCad files shall
utilize a Civil 3D 2013 compatible format. Copies of all field notes.
2
A
MORRISON
A MAIERLE,INC.
an Empti,w D,w'&Car,icuny
Sub-task 007
Coordination—City,MDT, Utilities
Task Description— Project coordination and utility locate coordination.
Task deliverable—N/A
Sub-task 008
Quality Assurance/Quality Control
Task Description — This task includes effort associated with project coordination and
quality control/assurance.
Task deliverable—N/A.
3
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( IN FEET )
AREA OF SURVEY=#3.3 ACRES
J MORRIS0N F. n 2880T8threk(l8M1 Ye MRARMiw: yu CITY OF BOZEMAN CAPITOL IMPROVEMENT PRO:ECxt .
,s, ,yyy. &unar+MI 59718 CHMD.BY: KD! PROJECTS FIELD SURVEY CI1Y SUR VIY
swrasfa BOZEMAN MT
.J.J MAIERLE INC. at�mk+, Pw�x:,48B1687�T31 A1'f`7 FSY: iR.:F��If*dK
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An lMphr..v>.nr�dl rnrryn}. 12A1E'h'.1 1
WEST OLIVE ST.-8TH AVE.TO GRAND AVE. Fl G. 1
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AREA OF SURVEY=±3.2 ACRES
-1 MORRISON `�°`.$ 7680 I achn�Jopy am.w DRAWN BY:,...11 _._ CITY OF BOZEMAN CAPITOL IMPROVEMENT PROTECT No,
e��"�r MT sBrie
LymyHs CHK'D.BY:K41 PROJECTS FIELD SURVEY GTY SURVEY
JJ MAIERLE,INC. sc.�.w�l. P°�°"`i° user-0rn AWH BY:
BOZEMAN MT
F/w..4v� Fax i4L'6)92b4761
onrC.rcmia EAST OLIVE ST BLACK WALLACE AVEftw.M-rr:u'Mva;.lv.t•A[�[N_.1a AVE.. F M .
.. .. .._. ... ...... . .. ......,..... ..... .. . ' FIG. 2
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,a '
C7 _ -' `. ( IN FEET )
tea:
AREA OF SURVEY=±15.4 ACRES
MORRISON E+,,�».,,, zeeoTerh^oiogyow,W DRAWN CITY OF BOZEMAN CAPITOL IMPROVEMENT PROJECT 143
1Y1 I'SJXI J 1' 8oxeman MT 69718
svayo.x CHKD BY:KQt PROJECTS FIELD SURVEY riTvswlv[Y
JAI MAIERI INC. _, BOZEMAN MT
Planne+E Psora(<867587L7�! APPR.BY:
fax;{406)9224702 F K404'NIALDr i
Art£rnvMy.q:.Thrned Company DAT!'M9+ WILSON AVENUE-PEACH ST.TO HAYES ST.
"'''"M.,,,,„,°" ""°"'�'°" KOCH ST.-GRAND AVE TO WILSON AVE. FIG. 3
r.w.,v.wr uwad�,+i...,.� ..«r.,ww ...wad�..�.-.u.0 -..yew rer er..,.�.1JG'., y'•..ev.+.,+r �jeebf4W
:::.•rte o._.. _.k.�_._.... e_�h ..
Exhibit D - Fee Estimate . 'MORRISON
,��
City of Bozeman, MT-Capital Improvement Projects Field Survey , 1 MAIERLE.J.;c
Prepared For: Robert Murray Jr., P.E.
Survey / Engineering Services Sep-2014
Staff Labor Labor Total
Task Assigned Hours Rate Labor Cost
100-West Olive St.
Land Surveyor III 1.00 4.00 14.00
101.Office Research and Computations rLand Surveyor II I 1.00 02.00 j02.00
Two Person Surve Crew 6.00 75.00 S50.00
102.Horizontal and Vertical Field Control (. p
Land Surveyor III 2.00 14.0028.00
Two Person Survey Crew 22,00 '75.00 50.00
103.Topographic Field Survey i Senior .nalneer I 2.00 .26.00 6.00
Land surveyor III 4.00 44.00 56.00
104.Office Survey Data Processing Land Surveyor II 4.00 032.00 0
Enkneerino Technician II 12.00 4)2.00 f i 4.00
105.Field Survey Verifications Senior Enalneer I 4.00 ,128.00 512.00
Land Sy yor II 2.00 102.00 204.00
106.Deliverables Senior k�+a neer I 2.00 128.00 6.00
EnaineeriiTec nician II 2.00 102.00 I Zi�Q
107.Coordination-City,MDT,Utilities Senior Engineer I 4.00 28.00 l 512.00
Land e>\or Ill 2.00 14.00 I 228.00
108. • •i Assurance • all Control I Su• rvisi • E •neer III 1.00 72.00 I 172.00
is 71.00All-• !.£;N'.0.14re. •
)\ , r •
Direct Expenses Quantity or Duration Charge Rate Total Expense
T �o1y and Communications 71.00 100 $426.00
IVehicle]rhll) 35.00 4 $25.90 I
I 0PS/Total talion fda ) 3.50 25.00 87.50 I
I Materials 3.50 j�1L 00 1.00 I
Uefilierabie Pack 1 $25.00 5.00
Subtotal-Direct Expenses I i ,,3r.#.xis=ice ' $1,285.40
Task Total-West Olive St. ;•`-i- gi _''"` x1"Al $11,061.40
Nieroposats\Proposals by(lent\Clty of Bozeman\2014 Capdal improvement Projects Feld Survey\Contracbng\Exhlblt D-Eesyneenng Fee Estlmate.xls 9/23/2014
Exhibit D - Fee Estimate Allig MORRISO
City of Bozeman, MT-Capital Improvement Projects Field Survey 11/111111 41AtERtE,i
Prepared For: Robert Murray Jr.,P.E.
Survey / Engineering Services Sep-2014
Staff Labor Labor Total
Task Assigned Hours Rate Labor Cost
200-East Olive St.
Land Surveyor III 1.00 14.00 14.00
101.Office Research and Computations }
Land Surveyor U 1.00 02.00 102.Horizontal and Vertical Field Control Two Person Surve�{_Crew I 6.00 '75.00 1102.00
050.00
Land Surryor M I 2.00 !14.00 rn8.00
Two Person Survey Crew 22.00 25.00
103.Topographic Field Survey I Senior Enarneer I 2.00 28.00 Land;urvevor III 4.00 `.14.00 00104.Office Survey Data ProcessingLan Survey kII4.00 I !02.00En rin�1 Technician II 12.00 .02.00 00
105.Field Survey Verifications Senior Engineer I 4.00 128.00 512.00
Land or lI 2.00 I 102.00 04.00
106.Deliverables
Senior oneerI 2.00 I 128.00 56.00
ErVeerinci Technician II 2.00 .102.00 I ?04.00
107.CoordinationCity,MDT,Utilitiesnior Enoineer I 4.00 i X8.00 I 512.00
Land Suryemor III 2.00 I 14.00 I 228.00
108. • -Ii Assurance luali Control Su. isi •En.ineer III 1.00 I 72.00 I %72.00 I
•.sts 71.00 ..�- "" 5' att-".'~.:_.IIII hitk iar1Yr11111111111
_„;, Direct Expenses Quantity or Duration Charge Rate Total Expense
Techno qui and Communications 71.00 i00 26.00
I Vehicle ml 35.00 74 Z .90 I
I GPs/To 1 tatlonidayi) 3.50 „00 s 7.50
I �yry�,yMaterials ,.yyyy1 3.50 ,00 Fi.00 I
t5e(I✓ef�bie Pac .. 1 5.00 $25.00
Subtotal-Direct Expenses :fwzi .'".'„ixF iticz $1,285.40
Task Total-East Olive St. ; : li;?;Mr'•'rgl $11,061.40
NAProposais\Proposals by Ghent\C ty of Bozeman 12014 Capttal Improvement Protects Field Survey\Contracting\Exhibit 0-Engineering Fee Estimate.xrs 9/23/2414
Exhibit D - Fee Estimate
All ` M NCitY of Bozeman, MT-Capital Improvement Projects Field Survey ���IVLAIERLE,m.
Prepared For: Robert Murray Jr., P.E.
Survey / Engineerin• Services Sep-2014
Staff Labor Labor Total
Task Assigned Hours Rate Labor Cost
300-Wilson Ave. Lany� }
I301.Office Research and Computations Landd Surveyor II 3.00 102.00 r.r0
302.Horizontal and Vertical Field Control Two Person SurveCrew 24.00 }75.00 .00
[ Land Surveyor I 10.00 114.00 .00Two Person Survey Crew 96.00 75.00Q�00
303.Topographic Field Survey I Senior Enaineer I I 2.50 28.00 VAI)
I Land Surveyor III I 5.00 {114.00 570.00
304.Office Survey Data Processing I Landeyor I P II 1 48.00 ,12.00 102.00 I 14
00
QQ T 00
305.Field Survey Verifications
Senior Enaineer I I 20.00 128.00 I 560.00
Landrveevor II I 5.00 102.00 ! 10.00
I 306.Deliverables Senior ERalneer I 6.00 128, 1 68.00
Engl hnq Technician II 6.00 - 02. I 12.00
I 307.Coordination-City,MDT,Utilities nor Enoineer I 16.00 28.00 I 2048.00
Land Sit eyor III 6.00 14.00 A.84.00
308. • -H Assurance • .1i Control I Su• rvisin.E •ineer III 5.00 72.00i •00
. •r. .. •. 270.50 x',.:(i :. Y,tyal f;''
t£! " y'% eSlJ t ••
Direct Expenses Quantity or Duration Charge Rate Total Expense
Talmo qy nd Communications 270.50 00 51,623.00
I Vehicle�nii 150.00 75 5112.50 I
I GPS/T I SS'tation •,..y�) 15,00 ,,00 $3 000.00 I
5y�y Materials .ys 15.00 00 .00 i
D&Je ble Pat .'7 1 .00 0.00 I
Subtotal-Direct,Expenses -' :.*azr%'e--smi%r a. a
Task Total-Wilson Ave. ,,';• :•r.:;- ?.;Oi%;; $43,012.50
N:\Proposals\Proposals by Client\City of Bozeman\2014 Capital Improvement Projects Feld Survey\Contracting\Exhtbtt D-Engmeenng Fee Estlmate.xls 9/23/2014
Exhibit D - Fee Estimate
MORRISON
City of Bozeman, MT-Capital Improvement Projects Field Survey ..a...611111;y .:,,_
Prepared For: Robert Murray Jr., P.E.
Summary - Survey / Engineering Services Sep-2014
Total Total
Task Acres Cost
100-West Olive St. 33 111 1.40
I 200-East Olive St. 3.2 11.1t1.40
300-Wilson Ave. 15.4 ) 2.50
Total Project Cost 219 .iu�j43 ,c r
N'\Proposals\Proposals by alent\oty of Bozeman\2014 Capttal Improvement Projects Field Survey\Contracting\Ezhlblt I)-Englneenng Fee Estlmat2.xls 9/23/2014