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16- Traffic Impact Study for Bozeman Sports Park
r.: Attachment A Professional Services Agreement for Traffic Impact Study for Bozeman Sports Park 3 ly It A i �1 g� S I i. PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _21st day of-March.,, 2016, by and between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as "City," and Morrison-Maierle, Inc., with a mailing address of 2890 Technology Blvd W,Bozeman,MT 59718,hereinafter referred to as"Contractor." In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as "Exhibit A" and by this reference made a part hereof. 2. Tenn/Effective Date: This Agreement is effective upon the date of its execution. 3. Scope of Work: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services (Exhibit A). For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. 'Payment: City agrees to pay Contractor the amount specified in the Scope of Services upon receipt of monthly invoices, which shall be submitted to the City's project manager for approval. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges, 5. Contractor's. Representations: To induce City to enter into this Agreement, Contractor makes the following representations: Professional Services Agreement for Bozeman Pond Park Expansion FY 2015—FY 2016 Page 1 of 11 a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances,rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright,trademark, privacy,publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws, The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Udenendent Contractotr StatuslLabor Itelatlons: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subj ect to the terms and provisions of the City's personnel policies handbook and may not be considered a City employee for workers' compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers' Compensation Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers' compensation coverage for all members and employees of Contractor's business,except for those members who are exempted by law. I Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers' compensation coverage by an insurer licensed and authorized to provide workers' compensation insurance in the State of Montana; or (2) proof of exemption from workers' compensation granted by law for independent contractors. f In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take to services shall be left to the discretion of Contractor; provided, k Professional Services Agreement for Bozeman Pond Park Expansion FY 2015—FY 2016 Page 2 of 11 e i I� s however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes and for any claims regarding underpaid prevailing wages. 7. Indemnity/Waiycr of Claims/]nsurance: For other than professional services rendered,to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions,fees and costs (including attorney's fees and the costs and fees of and expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; (ii) any negligent, reckless, or intentional misconduct of any of the Contractor's agents; or(iii)the negligent,reckless, or intentional misconduct of any other third party. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or willful misconduct of the Contractor or Contractor's agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s)which would otherwise exist as to such indemnitee(s). Contractor's indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should any indemnitee described herein be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor's Professional Services Agreement for Bozeman Pond Park Expansion FY 2015—FY 2016 Page 3 of 11 applicable insurance policies required below the indemnitee shall be entitled to recover Yeasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s)or any portion(s)thereof. In the event of an action filed against City resulting from the City's performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except"responsibility for his own fraud, for willful injury to the person or property of another,or for violation of law,whether willful or negligent"as per 28-2-702,MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor's expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in subsection(a) of this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from or suffered b the City without p Y g Y tY limit and without regard to the cause therefore and which is acceptable to the City and Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers' Compensation—statutory; • Employers' Liability-$1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000 annual aggregate; and • Professional Liability- $1,000,000 per claim; $2,000,000 annual aggregate. �i Professional Services Agreement for Bozeman Pond Park Expansion FY 2015—FY 2016 Page 4 of 11 1i s The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non- contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a sixty (60) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. Contractor shall notify City within two (2) business days of Contractor's receipt of notice that any required insurance coverage will be terminated or Contractor's decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to .the Contractor commencing work. (See Exhibit B.) 8. Termination for Contractor's Fault: a. If Contractor refuses or fails to timely do the work, or any part: thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor's right to proceed with all or any part of the work ("Termination Notice Due to Contractor's Vault"), The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. C. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City's Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, Professional Services Agreement for Bozeman Pond Park Expansion FY 2015—FY 2016 Page 5 of 11 make it advisable to the City to cease performance under this Agreement City may terminate this Agreement by written notice to Contractor {"Notice of Termination for City's Convenience"). The termination shall be effective in the manner specified in the Notice of Termination for City's Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City's Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. C. In the event of a termination pursuant to this Section 8, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City's Convenience. d. The compensation described in Section 8 is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall,under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising,or claimed to have arisen, as a result of the termination. 10. LimitRtighbn Contractor's Damages:T-linc for Assertin11 Claim: a. In the event of a claim for damages 'by Contractor under this Agreement, Contractor's damages shall be limited to contract damages and Contractor hereby expressly ! waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and f circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within ten (10) days of the facts and circumstances giving rise to the Professional Services Agreement for Bozeman Pond Park Expansion FY 2015—FY 2016 Page 6 of 11 s claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives: a. City's Representative: The City's Representative for the purpose of this Agreement shall be the Director of Parks and Recreation or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to Mitch Overton as the City's Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City's Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as listed above and may receive approvals or authorization from such persons. b. Contractor's Representative: The Contractor's Representative for the purpose of this Agreement shall be Zachary Lowe, P.E. or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor's Representative; provided, however, that in exigent circumstances when Contractor's Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. Professional Services Agreement for Bozeman Pond Park Expansion FY 2015—FY 2016 Page 7 of 11 13. )Laws a7n:d legulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers' compensation laws, all environmental laws including,but not limited to,the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non- discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination: The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor 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 Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. The Contractor shall require these nondiscrimination terms of its sub- Contractors providing services under this agreement. 15. Intoxicants;_ DOT Drug and Alcohol Reaulations%Ssifet and. Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing his employees and agents in sate work practices. f Professional Services Agreement for Bozeman Pond Park Expansion FY 2015—FY 2016 Page 8 of 11 !j 1 s� 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor's rights, including the right to compensation or duties arising hereunder, without the prior written consent of City except Contractor may use the subconsultants for services identified in the Scope of Work. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Re orts/Accountabili /Publie.Tnformation: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor's compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non=Waiver: A waiver by either party any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party's right to enforcc such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney's Fees and Costs: That in the event it becomes necessary for either Party of this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to Professional Services Agreement for Bozeman Pond Park Expansion FY 2015—FY 2016 Page 9 of 11 assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty(30)days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. i 22. Survival: Contractor's indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a Iimitation on the scope of the particular paragraphs to which they refer, 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. i 25. Annlicable;Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Bindina g g p'Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives,successors,and assigns of the parties. 27. No Third-Part`-�Beneficiai�y: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. i 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. s Professional Services Agreement for Bozeman Pond Park Expansion FY 2015—FY 2016 r Page 10 of 1 i IE j IN WITNESS W WREOF, the parties hereto have executed this instrt=ent the day and year first above written. CITY OF BOZEMAN,MONTANA /YI47//o AtCL;el-I/& —/,-1 61 CONTRACTOR(Type Name Above) Byc- J By Chris Kukulski,City Manager Print Name: '16 1, . Print Title: J -- e 4 APPROVED AS TO FORM: B Y G e Sullivan,Bozeman City Attorney Professional Services Agreement for Bozeman Pond Park Expansion FY 2015—FY 2016 Page 11 of 11 Exhibit A Scope of Services Morrison an Maierle 2BW TECHNOLOGY BIND.W.•PO.BOX 1113- BOZEMAN,t'v T59Tl1 engineers.surveyors-planners•scientists 408 5870721 - wwwtn-tuttel February 23, 2016 Carolyn Poissant, MLA, AICP Manager of Trails, Open Space and Parks Design and Development City of Bozeman--Department of Parks and Recreation 415 North Bozeman Street PO Box 1230 Bozeman, MT 59771-1230 Re: Proposal Submittal—Bozeman Sports Park Traffic impact Study Dear Carolyn: Morrison-Maierle would like to take this opportunity to thank you for allowing us to submit a proposal for the Bozeman Sports Park traffic impact study project. We have assembled a strong team of professionals with recent, relevant experience on traffic impact studies with sports parks, large phased developments, and community related projects. The key to this project's success and completing the traffic impact study by March 30, 2016 will be the ability to complete Saturday traffic data collection efforts when faced with the spring break period for Montana State University as well as the Bozeman and Belgrade area schools. We have taken a proactive approach to mitigate this challenge by recently collecting video data for study area intersections during the Saturday, mid-day peak period. With this data in-hand, we are confident the Bozeman Sports Park traffic impact study can be completed by the desired March 30, 2016 date. We are excited to provide the same high quality service on this project that has come to be expected from Morrison-Maierle. We invite you to review our qualifications and to contact us if you have any questions or desire additional information. We look forward to being able to serve your professional transportation engineering needs on this project. Thank you for your consideration, Sincerely, Tom Eastwood, PE Project Manager We create.solutiotis that build better communities. AN EMPLOYEE-OWNED COMPANY - AN EQUAL OPPORTUNITY EMPLOYER--MINORITIES I FEMALES 1 D)SABLED1 VETERANS 4 1, / + / PROJECTTEAM.............................................................I RESUMES WORK PLAN&TIMELINE...............................................2 Phill Forbes,P.E.-Quality Assurance Study Goals&Objectives..........................................2 Tom Eastwood,P.E.-Project Manager&Traffic Analyses Key Project Success Factors......................................2 Hill White-Traffic Forecasting&Analyses Reducing Study Costs through Utilization of Available Data..................................2 STATEMENT OF NON-DISCRIMINATION Saturday Traffic Data Collection& Spring Break.:...i..................................I...............2 WorkPlan.................................................................2 Supplemental Traffic Data Collection..................2 Traffic Analyses.....................................................3 Traffic Impact Study Report..................................4 ProjectSchedule.......................................................4 RELEVANT EXPERIENCE................................................5 Gallatin Law&Justice Center Campus Master Plan Traffic Impact Study Bozeman,Montana...................................................5 Riverfront Park Traffic Impact Analysis&Design Study Spokane,Washington...............................................5 Dwight Merkel Sports Complex Traffic&Parking Analysis Spokane,Washington...............................................6 Montana State University Innovation Campus Transportation Planning Study Bozeman,Montana...................................................6 CITY OF BOZEMAN WORK.............................................7 ADDITIONAL TRAFFIC IMPACTSTUDY PROJECTS............7 PROJECTTEAM AVAILABILITY........................................8 CONTRACT HISTORY......................................................8 SUMMARY............................... ...:........ ....... .9 I it i I "table of Contents Proposal for BOZEMAN SPIRTS PARK TRAFFIC IMPACT STUDY Bozeman, Montana Morrison Maierle engineers . surveyors . plannersscientists WIN Our team leverages technical expertise with project management to deliver a quality product in a timely manner.The local presence of our Bozeman office.coupled with decades of positive working relationships with the City of Bozeman, ensures that Morrison-Malerle, Inc, will be responsive to the City's needs throughout the duration of this project.As an employee-owned firm we strive to consistently exceed expectations and create solutions that build better communities. Ultimately,the Bozeman Sports Park is envisioned as the premier sports field complex in the region while also providing a first class community park. The group of professionals assembled for preparation of the traffic impact study (TIS)for the Bozeman Sports Park understands the Importance this project means to the community and that participants and visitors to the park have an enjoyable experience. With the project being completed primarily from our Bozeman office, thefollowing organizational chart showsthe key personnel that will be involved In the project. Phillip J.Forbes,P.E. i Senior Trans portotionEngineer I Qualify Asfuranra i r , i � Morrison.. LCaird*yn , It'll Thomas E.Eastwood,P.E. Ma e r i Palssant Transportation Engineer Pro%edAtanugerB tia/fJiAnalysesengineers surveyors planners scientists er of Trolls,Open Spece,and Parks 2880 Technology Boulevard West A DevelopmentBozeman,Montana 59715 � Phone: (406)587-0721 •www,m m,ne1 William D.White Senior Transportation Plonner TAalllrfareraslinp 8 dnulyser Phill Forbes, P.E. - Quality Assurance Mr. Forbes has 36 years of transportation engineering experience in both the public and private sectors. Mr. Forbes' role will be in overall quality assurance for completion of the traffic impact study. His background in local and state government service, particularly with transportation projects, will make Mr. Forbes a valuable resource. Tom Eastwood, P.E. - Project Manager & Traffic Analyses Mr. Eastwood brings 14 years of transportation engineering experience in both the public and private sectors, His responsibilities will include the overall management of the project,traffic data collection and analyses, and report preparation. Mr. Eastwood's recent experience working with the City of Bozeman and Gallatin County for the Gallatin Law&Justice Center campus master plan TIS as well as his work with Montana State University on the Innovation Campus TIS and South 27th Avenue corridor planning study provides a solid foundation for working with the City of Bozeman for the success of this project. Bill White-Traffic Forecasting&Analyses Mr.White has over 17 years of comprehensive transportation planning experience. His substantial expertise in the development and management of traffic Impact studies, comprehensive transportation plans, corridor plans, safety studies, and design studies will be utilized in the development of future traffic projections, traffic analyses, and in preparation of the final report. Mr. White has worked with metropolitan/regional transportation planning organizations, cities, counties, state and federal agencies, and private developers. His specific proficiency with the analyses of sports complexes will be a significant asset to this project. II 1 ProjectT'eatn �. u s } Study Goals &Objectives The intent of the Bozeman Sports Park TIS is to summarize Its potential Impacts with regard to the safety and operational aspects of the transportation system in the area of the proposed project.The TIS needs to evaluate existing conditions as well as future performance with consideration for anticipated growth In the area as well as with traffic contributions from the proposed Bozeman Sports Park. Outcomes from the TIS will offer guidance with respect to the short-and long-term function of the proposed site accesses and the area transportation system. Key Pai Success Factors Reducing Study Costs through Utilization of.Avaliable Data Recent, relevant traffic data forms the foundation for nearly all of the analyses within a traffic, impact study. When considering a proposed development and its potential impacts,the analyses also need to account for the peak periods of the proposed land use. Certainly, peak usage at a youth sports complex is anticipated to occur during the weekday evenings (after school) and most likely on Saturdays. Recent traffic data is available from the City of Bozeman Engineering Division for the weekday PM peak period (4:00 -6:00 p.m.)at a majority of the anticipated intersections to be evaluated as a part of the Bozeman Sports Park TIS. However, recent counts are not readily available at the study area Intersections for the Saturday peak period. Saturday Traffic Data Collection&Spring Break It is the City of Bozeman's desire to have the Bozeman Sports Park'VIS completed by March 30,2016 in order to submit the study to the City's Development Review Committee. Also included in the schedule is a projected start date of March 8,2016. In between those two dates, Montana State University as well as the schools In Bozeman and Belgrade will be out for spring break during the week of March 14-18,With a number of students and families typically leaving the Bozeman area during this time (leaving the weekend before and returning the weekend after), anyone familiar with traffic in the Bozeman area knows that it can be substantially less when schools are not in session. Therefore, no Saturday traffic counts would be able to be conducted during spring break. Realizing this potential stumbling block in the project schedule, Morrison-Malerle, Inc. has,prosctivey engaged in co>�ecting Video deice for study *irliterssct ions'during the Saturdaary,mkt-day peak period(7 d* a.m:-2.OQ p m,).By having this data available,it is feaslbie to complete the Bozeman Sports Park TIS by the desired March 30,2016-date. Work Pliers Supplemental Traffic Data Collection Following discussions with Shawn Kohtz from the City of Bozeman Engineering Division,Morrison-Maierle,Inc, identified the study area intersections for the proposed Bozeman Sports Park TIS,and what locations required supplemental data collection. Consideration was given to the fact that while site generated traffic from a youth sports park may be at its peak on a Saturday the adjacent roadways and intersections generally do not generally experience the volume of traffic as compared to a typical weekday AM or PM peak period. Consequently,impacts resulting from the development during the Saturday midday peak period would be relatively confined to the intersections located closer to the site. It is estimated that as traffic gets further away from the site, the impacts lessen as the site related traffic gets dispersed throughout the transportation system.With these considerations in mind,the supplemental traffic data collection for the project is noted on the following page. 2 Work Plan&Timeline Tv Supplemental Tra'ftic Data GoHection © Automatic Traffic Recorder (ATR) 24-Hour Road Tube ❑ Saturday Mid-Day Peak Period(10:00 a.m.-2:00 pm.) Volume Counts at a Limited Number of Select Locations Intersection Video Data Being Collected by MMI • Flanders Mill Road-South of Baxter Lane • Baxter Lane&Harper Pucker Road • Flanders Mill Road-North of Durston Road • Baxter Lane&Flanders Mill Road + Durston Road- West of Flanders Mill Road a Baxter Lane&Ferguson Avenue • Durston Road-East of Flanders Milt Road + Durston Road&Cottonwood Road • Ferguson Avenue&West Oak Street Intersection a Durston Road&Flanders Mill Road ❑ Weekday PM Peak Period(4;00-6:00 p.m.) + Durston Road&Ferguson Avenue Intersection Turning Movement Counts • Baxter Lane&Ferguson Avenue • Baxter Lane&Davis Lane • West Oak Street&Davis Lane Traffic Analyses In order for informed decisions to be made on the potential traffic Impacts resulting from the Bozeman Sports Park, analyses must be performed to identify existing traffic volumes and conditions, development traffic volumes and conditions, and their combined impacts on the existing and future roadway system. It is critical that these analyses be prepared under the supervision of a qualified and experienced transportation professional who has specific training in traffic and transportation engineering and planning with several years of experience related to preparing transportation studies for existing or proposed developments.When insufficient attention is given to the assessment of traffic impacts, congestion on the development site or adjacent roadways, Inadequate access capacity, or limited flexibility to adjust to changes in conditions may occur. Understanding the significance of these analyses, Morrison-Malerie's team of transportation professionals has identified the following procedures required for a complete and valuable TIS: Traffic Analysis Procedures ❑ Trip Generation Analyses for the Following Phases L] Capacity and LeveFofService Analyses for the Study Area Associated with the Bozeman Sports Park: Intersections and Roadways for the Following Scenarios: • Phase I-Estimated Completion In August 2017 • Existing Conditions • Phases IWV(Full Buildout) - • Estimated 2017 Background & Total Traffic Estimated Completion by 2026 (Background Traffic Combined with Traffic from ❑ Primary Trip Distribution Analyses Phase I of the Bozeman Sports Park) ❑ Modeling of Bozeman Sports Park Generated Traffic Estimated 2026 Background & Total Traffic within the Site, at Site Accesses, and to the Adjacent (background Traffic Combined with Traffic from Full Transportation System for the Following Scenarios: Buildout of the Bozeman Sports Park) • Phase I-Estimated Completion in August 2017 ❑ Analyses are to Include West oak Street and its Future • Phases i14V(Full Buildout) - Intersections with Ferguson Avenue,Cottonwood Road, j Estimated Completion by 2026 and Flanders Mill Road per City Engineering Staff t� ❑ Evaluate Potential Measures for Mitigation of any it Identified Defidencles for Traffic Operations or Impacts Resulting from the Bozeman Sports Park 3 Werk Flan&Timeiine i t rt�W i '.` I • 0 Traffic Impact StL*Report The purpose of a site transportation impact study report is to document the purpose,procedures,assumptions,findings, conclusions,and recommendations of the study. Morrison-Maierie's analyses of the potential traffic Impacts related to the Bozeman Sports Park will be presented in a straightforward and logical sequence, providing an objective,technical evaluation with sufficient detail included that the reader will be able follow the path and methodology of the analyses. The final report will be completed to City of Bozeman standards. Prior to submittal of the final report, Morrison-Maierle,Inc. proposes that the findings and recommendations be discussed with City of Bozeman staff to identify anysupplementai information or clarification items. Prqect Schedule Based on the project tasks identified for the project and the City of Bozeman's desire to have the Bozeman Sports Park traffic impact study completed by March 30,2016,our proposed schedule is as follows: vu CD ProjedScoping&Co ng Traffic Data Collection • Supplemenid Automatic Traffic Recorder(Ails) Rood Tube 24-Hour Volume Counts ................. • Supplemenid Weekday PM Peak Poriod Intersection Turning Movement Counts • Traffic Count Data Processing Traffic Analyses • Trip Generation Analyses •Trip Distribution Analyses • Model Assignment of Site Generated Tr c to the Adlacerd Ttonspartation System • Capacity&level-of Service kNow • Mitigation Measure IdaraI anon B Evduction • Meeting on findings&Relommendations Traffic Impact Study(riS)Report As shown in the above project schedule, by having the video data available for Saturday peak period traffic counts and being able to initiate portions of the traffic analyses and report preparation tasks earlier in the schedule allows the Bozeman Sports Park traffic Impact study to be completed by March 30,2016. 4 Work Plan&Timeline Morrison Ma i e r I e 2880 TE-GW0LOGYKVO.W •PO.BOX 1113, BOZEMIN,MT59771 engineers.surveyors.planners .srientists 400,597.0721 • wwwmmnet March 1,2016 Carolyn Poissant, MLA,AICP Manager of Trails,Open Space and Parks Design and Development City of Bozeman—Department of Parks and Recreation 415 North Bozeman Street PO Box 1230 Bozeman, MT 59771-1230 Re: Cost ProposaF-Bozeman Sports Paris Traffic Impact Study Dear Carolyn: We want to sincerely thank you for selecting Morr[son-Maierle to provide transportation engineering services for preparation of the traffic impact study (TIS) associated with the Bozeman Sports Parts. As requested,we are providing a cost proposal for those services for lump sum fee of$18,726.00. An outline of our proposed Scope of Services is as follows: i I Project Coordination&Meetings $900.00 Data Collection&Processing $4,525.00 Traffic Analyses $5.700.00 Traffic Impact Study(TIS)Report $6,800.00 Quality Assurance $800100 A more detailed breakdown of the proposed Scope of Services is included in the attached document: along with a proposed schedule. As provided in our original proposal, we propose completing the traffic Impact study by March 30, 2016. The proposed completion date Is based on an es8mated start date of March 8,2016,having a fully executed contract In-place. If you have any questions, concems, or require additional information, please feel free to contact me directly at(406)922-6806, by cell phone at(406)209-3960, or by e-mail at teastwoodQm-m.net.We look forward to working with you an this project. Sincerely, ... Tom Eastwood, PE Project Manager I We create solution that build better communities. AN EMPLOY EE-OWNEO COMPANY • AN EQUAL OPPORTUNl7YC PLOYER-MNORRIESrFEMALESIOISA9lE0IVEIEWIN6 j [ it is ■■Morrison Bozeman Sports Park Maierle Traffic Impact Study Transportation Engineering Services E MOM ll 6! Includes the following tasks: ❑ Caordination with the City of Bozeman and Gallatin County, ❑ Management of data collection as well as client and outside agency communications. ❑ Attendance at the fallowing project meetings: •TIS Findings R Recommendations Meeting • Up to two(2)Project Team meetings. . 11.. Includes the following tasks: ❑ Collection of automatic traffic recorder(ATR),road tube,data at up to H different locations. 13 Conduct turning movement traffic counts during the weekday PM peak at up to three(3)different locations. O Process data from ATR(road tube)and intersection counts. Includes the following tasks: ❑ Perform trip generation analyses for Phase I and Phases(I-IV combined for the proposed Bozeman Sports Park complex, ❑ Perform trip distribution analyses for the proposed sports park on the adjacent transportation system. O Model assignment of sports park generated traffic for Phase I and Phases II-IV combined to the adjacent transportation system. ❑ Analyze intersection capacities and levels-of-service for existing traffic conditions as well as background and build-out projected traffic for Phase I and Phases]I-IV of the proposed Bozeman Sports Park complex. ❑ Evaluate potential measures for mitigation of any identified existing operational deficiencies or impacts resulting from the proposed sports park complex, 11 r., . 9 1 I :Ir rr Includes the following tasks: ❑ Prepare necessary figures and exhibits for the TIS report for the proposed sports park. ❑ Prepare and assemble the TIS reporl for the proposed sports park. NOW Includes the following tasks: ❑ Perform quality assurance review of the analyses and the traffic impact study report for the proposed sports park. n:Wropas hVltoposalsbyCrenl4CryofeawnpnIXIO-SpnMParkWaftInVxlsttuyl0swormn Dmecom-Fee _2016-02-29.SW 2r2912015-A32 PM on Morrison Bozeman Sports Park 11111111111MMaierle Traffic Impact Study Estimated Project Schedule 0 Estimated Project Start 312212016 ❑ Initiate Task 02-Data Collection&Task 03-Traffic Analyses 3/2 2120 1 6 0 Completion of Task 03.301.Trip Ceneraflon Analyses 312212016 0 Completion of Task 03.302-Trip Distributlon Analyses 3/22/2016 O Completion of Task 03.303-Traffic Modeling 3/22/2016 0 Completion of Task 02-Data Collection 3/25/2016 O Completion of Task 03-Traffic Analyses 3/31/2016 ❑ Initiate Task 04-Traffic Impact Study Report 3/2312016 ❑ Completion of Task 84•Traffic Impact Study(TIS)Report 418121116 ❑ Task 01-Project Coordination&Meetings 0 Findings&Recommendations Meeting with the City of Bozeman 3/28/2016 0 'City of Bozeman Development Review Committee Meeting#1 3/30/2016 0 'City of Bozeman Development Review Committee Meeting 42 416121016 0 'City of Bozeman Development Review Committee Meeting#3 4/13/2016 0 'Ctty of Bozeman Design Review Board Meeting 411312016 0 'City of Bozeman City Commission Meeting 412512016 'Per Carolyn Poissant,It Is not necessary to attend the meetings.Morrison-Malerie can be available as necessary.Meeting attendance can be included as Additional Services that Maybe Requested in Agreement;therefore,unbudgeted with Initial fee estimate, I i i I i NAPrupasai ftpusats by C wftUty of Bomian12016-Sports Park TrAG ImpM StudAU Working norstCwt-Fee EGUmatestEoremari-Spats Park-TIS_Fee- FtUmale_2016-03-10.xlsx 3110/2016-3:42 PM ii i i ,i Statement of Non-discrimination—Attachment A Each entity shall include a provision requiring submitting entity to affirm in writing it will not discriminate on the basis of race,color,religion,creed,sex,age,marital status,national origin,or because of actual or perceived sexual orientation,gender identity or disability and recognizing the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatment or proposer's employees and to all subcontracts. MORRISON-MAIERLE, INC. name of entity submitting) hereby affirms it will not discriminate on the basis of race,color,religion,creed,sex,age,marital status,national origin,or because of actual or perceived sexual orientation,gender identity or disability and recognizing the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatment or bidder's employees and to all subcontracts. John R. Schunke, P.E.-Vice President Name and title of person authorized to sign on behalf of submitter s , lgnature/date Exhibit B Insurance Certificate i r i f d it ® DATE IMMIDDfYYYY) A =RD CERTIFICATE OF LIABILITY INSURANCE 01/28/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 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