HomeMy WebLinkAbout17- Professional Services Agreement - Sanderson Stewart - South 3rd Avenue and Graf Street Intersection Improvements PROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made as of j3Pca4v11Be.V I�Q6l'4 , between THE CITY OF BOZEMAN, a
Municipal Corporation, Bozeman, Montana, 59715 (O R) and Sanderson Stewart, Bozeman, Montana,
59715(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:
The conditions and provisions set forth in the attached EXHIBIT A (Scope of Work) and
EXHIBIT B(Fee Proposal)are hereby incorporated in and made part of this Agreement.
ARTICLE 1-ENGINEERING SERVICES
I.I. The detailed description of the specific project components is described as follows:
The project consists of pre-design services for the South 3rd Avenue/Graf Street Intersection Improvements
project. These services will include a traffic impact study, evaluation of alternatives (signal vs. roundabout),
topographic survey, preliminary stormwater analysis, concept-level design of intersection improvements,
opinions of probable cost, identification of public and private utility conflicts/extensions, and preliminary right-
of-way review. It will conclude with a pre-design report and presentation to the City Commission.
1.2. 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
be Mac Fogelsong,PE,LEED AP.
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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 Danielle Scharf,PE,PTOE,LEED AP.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 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 Robert Murray,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 Fespensible feF AdveAising Bid Openings.
3.5 The OWNER shall attend the pro bid > bid openings,
progress and other-job related meetings,substantial eempletion inspeetions and final payment inspeotiens.
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.
maps,4.1.6 Assist in
deseriptions and owner's preparing a property �v
eosts based on the prelii�ary projeet oost estimates, and providing technical 4&rmation at SID p,
hearings,if applicable.
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 ENGINEEWs 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
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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 90 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 the Agreement:
5.1.1. Legal land surveys performed to obtain data for preparing easements and rights-of-way descriptions.
5.1.2. Preparation of applications and supporting documents for governmental agencies in addition to those
required under Basic Services; preparation or review of environmental studies and related services; and
assistance in obtaining environmental approvals.
5.1.3. Services resulting from significant changes in the general scope, extent or character of the Project or
major changes in documentation previously accepted by OWNER where changes are due to causes beyond
ENGINEER's control.
5.1.4. Providing renderings or models.
5.1.5. Preparing documents for alternate bids requested by OWNER for work not executed or for out-of-
sequence work.
5.1.6. Providing other services not otherwise provided for in 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.
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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 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$43,545.00 for such services.
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:
$39,190.00(90%of design fee)until the Final Pre-Design Report has been submitted to the OWNER and review
authorities.
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 the Agreement.
6.1.4 Reimbursable Expenses. Only those expenses specifically identified for payment under section 6.2 of
this Agreement are reimbursable. All other design related expenses are included in the Lump Sum Payment for
the Basic services (4.1 through 4.4) and are not separately reimbursable. Additional Services specifically
identified under the scope of design services for payment under 6.1 are not separately reimbursable.
6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER.
G-enstrue-tion and pr-ejeet documentation services per-formed as Basir.Engineering Set--vieses under sections 4.4 through 4.
including General Administration of Construction Contrast,Resident Project Representation,Project Doeumentation, an YP
Gonstruc4:on Tenting shall be compensated: accor-danee.V,ith the f Il.,.,,:. .
6.2.1 The OAXLT�MR shall pay for-Construction Phase and Wejeet Deetimentation Services an amount not to
wEoeed except as provided under 6.2.1.2 and 6.74,
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Direct Labor GWA a faeter of for servioes rendered whieh shall cover Direet
6.2.1.1 Costs Compensntip-g. Compensation for- these sen4ees shall be base-d An thp. 12,:NJGWF-,RR'.-;
Dire,.t Labor Overhead General 9. A a.,.inistrat:.,e n.,erl,ead e„a Dr..f:t
Natifiration. At an), time during the construetien that it beeemes apparent tha4 t
Construction Phase and Project Doeurnefitatiert Sen4ees r-emderead under this Agreement will exceed t
negotiated compensation for-these services, and prior to per-forming seFN,iees in exeess ef the Gentra
eeiling,the ENGWEER shall give OAI�MR written notiee thereefi Promptly thefeaRear GAEN-12A Find
ENGWEER shall review the seepe and progress afthe preject work. ENGWEER shall ebtain written
authorization from QW�,MR,prior te an),additional eests being ineurred under paragraph 6.2.1.3. 1f4t
is determined that due te a eha-age ift prej est seepe under paragraph 5.2.1,the ENGDIEER is entitled to
additional eornpensation, OWNER and ENGWEER may negotiate tems as provided under-
.
The amount and terms of any additional eampensation under-6.2.1.1 or 6.2.1.3 shall be negotiated and
agreed: rain,pursuant to9.16.
6.2.1.3 'Costs Exceedine Estimated Compensation. Emeept as allowed under-5.2.1,when the tetal Res
of the original scope CeristrHetion Phase and Projeet Daeumentation Ser-vices exceeds the negotiated
oemperisation for these services,the ONW�BR shall pay on!y for-the direst easts insur-Fed in emeess of
the estimated eompensation. These eests esensist of an ameunt equal to the ENGINEER'S Direct Labor
Gest tirries a Aet9r of forservioes rendered.,.1 ioh shall include Direct Labor-,bor-,thefederaPy
Overhead,audited payroll Direct Labor- and General & Administrative Overhead Gests,
but shall no
.dude any allowance for pref;t
A-dditikinn] Sewviees shall be paid to the ENGWEER by the OWNER in the actual amount efthe costs inAlwFad
V,W
up ��•; ,7�t not to exceed$ whichs-$ for eonsultants employed by 4he
Engineer and$- for all other reirnbursable expenses. The estimated reimbursable expenses are-
identified in Exhibit" 11
6.2.3. Failed Test Expenses. The ENGINEER shall maintain and provide to the OWNER, a r-eeoFd o
costs associated with failing quality eontrol tests performed for the OWTMR during the ceurse ef the
eeristruetien ofthe prejeet and recommend an amount the OWNER deduct fi-en;the r;(4n#;1GtGF(s)payfflents-.
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_0, 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.
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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:
Principals $62.02/hour
Project Manager $50.77/hour
Senior Engineer $50.77/hour
Project Engineer $33.20/hour
Staff Engineer $27.10/hour
CADD Designer $28.53/hour
Senior Professional Land Surveyor $39.97/hour
Staff Surveyor $26.85/hour
Graphic Artist $22.70/hour
Clerical $19.78/hour
7.4 REIMBURSABLE EXPENSES
Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's independent professional
associates or consultants directly in connection with the Project, such as expenses for: transportation and subsistence
incidental thereto; obtaining bids or proposals from Contractor(s); subsistence and transportation of Resident Project
Representatives and their assistants; toll telephone calls and telegrams; reproduction of reports,Drawings, Specifications,
Bidding Documents and similar Project-related items; and if authorized in advance by OWNER, overtime work requiring
higher than regular rates. In addition,when compensation for Basic Services is on the basis of Direct Labor Costs method
of payment, Reimbursable Expenses will also include the amount billed to ENGINEER by special consultants employed
by ENGINEER and authorized by OWNER (other than as an authorized Additional Services) and will also include
expenses incurred for computer time and other specialized equipment, including an appropriate charge for previously
established programs and expenses of photographic production techniques.
ARTICLE 8-PAYMENT PROVISIONS
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
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payment provisions of the Agreement. In the event of any such termination, ENGINEER will be paid for unpaid pre-
approved Additional Services and unpaid Reimbursable Expenses which are authorized under this agreement.
ARTICLE 9-GENERAL CONSIDERATIONS
9.1 TERMINATION OF AGREEMENT
9.1.1 The sole right is hereby reserved to the OWNER to terminate this Engineering Agreement for any and
all causes or for its convenience at any time upon fifteen(15)days written notice to the ENGINEER.
9.1.2 If termination for default is effected by the OWNER, an equitable adjustment in the price provided for
in this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed
services or other work,and(2)any payment due to the ENGINEER at the time of termination may be adjusted to
cover any additional costs to the OWNER because of the ENGINEER's default. If termination for convenience
is effected by the OWNER,the equitable adjustment shall include a reasonable profit, as determined by owner,
for services or other work performed. The equitable adjustment for any termination shall provide for payment to
the ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination
settlement costs reasonably incurred by the ENGINEER relating to commitments which had become firm prior to
the termination.
9.1.3 Upon receipt of a termination action under paragraph 9.1.2, the ENGINEER shall (1) promptly
discontinue all affected work(unless the notice directs otherwise),and(2)deliver or otherwise make available to
the OWNER within ten (10) days copies of all data, design drawings, specifications, reports, estimates,
summaries and such other information and materials as may have been accumulated by the ENGINEER in
performing this Agreement,whether completed or in process.
9.1.4 In the event this Contract is terminated prior to completion, the original copies of the ENGINEER'S
data,recommendations, plans, specifications, analysis and other related documents prepared by the ENGINEER
prior to said termination shall be delivered to and become the property of the OWNER.
9.1.5 Upon termination,the OWNER may take over the work and may award another party an Agreement to
complete the work under this Agreement.
9.1.6 OWNER'S right to terminate is in addition to any other remedies OWNER may have under the law.
9.2 INSPECTION AND AUDIT
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.
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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
States Code,and all regulations promulgated thereunder.
The ENGINEER shall require these nondiscrimination terms of its sub-consultants providing services under this
agreement.
9.5 SUBLETTING OR ASSIGNING OF WORK
The ENGINEER shall not sublet or assign any of the work covered herein without prior written approval of the OWNER.
9.6 STANDARD OF CARE
In providing services under this agreement, the ENGINEER will perform in a manner consistent with the degree of care
and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any
service should be found to be not in conformance with this standard,the ENGINEER shall, at the OWNER's request,re-
perform the service at its own expense. Engineer shall also, at its own expense, make such changes, modifications or
additions to the project which are made necessary as a result of the initial non-performance or the re-performance of
services. The OWNER's rights herein are in addition to any other remedies the OWNER may have under the law.
9.7 LEGAL RELATIONS:
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
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liabilities as are attributable to the ENGINEER'S percent of fault as compared with 100%of the fault giving rise
to the damages. Should the OWNER be found responsible for negligence by its own officers,directors,agents or
employees,then in that event the OWNER agrees to reimburse the ENGINEER for the reasonable attorney's fees
and costs incurred in any defense of the OWNER in an amount proportional to the fault attributed to the
OWNER. The indemnity required herein shall not be limited by reason of the specification of any particular
insurance coverage in this Agreement.
9.7.5 Should either OWNER or ENGINEER be held responsible, for any damages, costs or liabilities
resulting 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
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:
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Type 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: $2,000,000,
Excess Liability Coverage(umbrella) $1,000,000.each occurrence
Automobile:
Bodily Injury covering all $ 1,000,000 each person
automobiles,trucks,
tractors,trailers,or $ 1,000,000 each occurrence
other automotive equip-
ment whether owned or
rented by Engineer or
owned by employees of
Engineer.
Property Damage covering $ 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 $1,000,000 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
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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 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.
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9.15 ATTORNEY'S FEES AND COSTS
That in the event it becomes necessary for either Party of this Contract to retain an attorney to enforce any of the terms or
conditions of this Contract or to give any notice required herein,then the prevailing Party or the Party giving notice shall
be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City
Attorney.
9.16 MODIFICATIONS AND AMENDMENTS
That any amendment or modification of this Contract or any provisions herein shall be made in writing or executed in the
same manner as this original document and shall after execution become a part of this Contract.
In witness Whereof,the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN,MONTANA EN G ER
BY: BY:
(City Manager) ozeman Regional Manage
DATE: — ^1 1 DATE: 2-
ATTEST:
BY: gw& a.. .
r �'• ?t
(City Clerk) ♦�
18 .o .
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SANDERSON AW
STEWART
Exhibit A
South 3rd Avenue/Graf Street Intersection Improvements
Scope of Work
11/17/17
Sanderson Stewart is pleased to provide this scope of work for the South 3rd Avenue/Graf Street Intersection
Improvements project,along with our subconsultant,Marvin&Associates. The initial contract phase for this
project will consist of pre-design services only. These services will include a traffic impact study,evaluation of
alternatives (signal vs. roundabout),topographic survey,preliminary stormwater analysis, concept-level design
of intersection improvements, opinions of probable cost, identification of public and private utility
conflicts/extensions, and preliminary right-of-way review. It will conclude with a pre-design report and
presentation to the City Commission. A detailed scope of services for these pre-design tasks is outlined as
follows.
Phase 1-Project Initiation
This phase of the project will include all project initiation and planning tasks, including scoping, contract
preparation, meetings with the City of Bozeman and coordination with sub-consultants. All project
management tasks, client meetings and subconsultant coordination for tasks beyond project initiation will be
allocated to the remaining project phases.
Phase 2-Traffic Data Collection
Traffic data collection will consist of peak hour turning movement counts at the intersections identified on the
attached map. Data will be collected at South 3rd Avenue/Graf Street and Westridge Drive/Graf Street for a
full 24-hour period to establish daily traffic volumes on the approach legs and to provide 4-hour and 8-hour
volumes for signal warrant analysis. The remaining intersections will be counted for a 2-hour duration over
the AM peak,after-school peak and PM peak in order to determine the highest hour for each peak time of day.
Traffic data will be collected using Miovision video counters.The initial processing of the data will include the
durations noted above for turning movement counts and will include trucks,bicycles and pedestrians. Video
data will be stored throughout the duration of the project in case additional processing is needed.
Phase 3-Traffic Impact Study(TISI
Preparation of the traffic impact study will include design year (20-year) traffic volume projections,including
background growth, known development proposals, and the redistribution of traffic associated with area
roadway connections. The planned/proposed roadway connections that will be included in the redistribution
are shown on the attached map.
Capacity analysis will be completed for South 3rd Avenue/Graf Street and Westridge Drive/Graf Street for
AM, after-school and PM peak hours. The capacity analysis will be completed for both existing and future
volumes,and traffic simulations will be developed for the City Commission presentation.
A complete evaluation of a signal vs. roundabout will be conducted for the intersection with design year
volumes. A traffic signal warrant analysis will also be included for the South 3rd Avenue/Graf Street
intersection,as well as a review of crash data at the intersection for the past 3 years. The City of Bozeman will
provide crash data and copies of traffic impact studies prepared for area developments. The findings of the
TIS analysis will be presented in the pre-design report.
Marvin&Associates will assist with the future traffic volume projections and redistribution of existing volumes
for the proposed street connections. They will also provide input throughout the evaluation of alternatives and
concept development. A breakdown of their scope and fee is included as an attachment to this scoping
document for reference.
Phase 4- Preliminary Stormwater Analysis
This task will include a cursory review of existing stormwater infrastructure, preliminary stoomwater
calculations,and identification of potential detention pond locations. Potential problem areas will be identified,
but the sizing of stormwater infrastructure will be completed with a future phase of the project. Sanderson
Stewart will coordinate with the City Stormwater Management Department as needed and will ensure
conformance with the City's Stormwater Facilities Plan.
Phase 5-Topographic Survey
A detailed topographic survey of the project intersection will be conducted using a combination of GPS and
total station techniques. The topographic survey will cover the anticipated area of improvements, extending
approximately 300 feet along each leg of the intersection. Survey tasks will include compilation of plats and
certificates of survey and a corner search to establish right-of-way will be conducted,but a complete boundary
survey is not included. Up to 8 hours of field time will be spent searching for property corners. Additional
pre-survey research will be conducted as required and survey control will be set by Sanderson Stewart.
Sanderson Stewart will assemble and review existing as-built drawings for the intersection as available from the
City of Bozeman and private utilities. Base drawings will be prepared in Autocad format following the
completion of the topographic survey,and additional pick-up topo will be conducted as needed throughout the
duration of the project. Public and private utilities will be located prior to the survey via one-call for inclusion
in the base drawings. No in-field excavation of private (dry) utilities is contemplated in this scope of work.
This phase also includes traffic control needed for the completion of survey tasks.
Phase 6- Conceptual Design
Design concepts at this phase of the project will consist of geometrics and lane configurations for a signalized
and roundabout alternative for the intersection. Potential right-of-way impacts will be identified for each
alternative. Concept drawings will be prepared in plan view only. The following design tasks will not be
completed at this phase of the project: corridor lighting, detailed signal design, utilities, grading, stormwater
facilities.
The deliverable for this phase will include 11x17 plan drawings incorporating the base topographic survey and
proposed improvements overlaid on an aerial image. This phase will include coordination with the City's right-
of-way consultant as necessary for a preliminary review of right-of-way constraints. Opinions of probable cost
with 10% design and 10% construction contingencies will be prepared for improvements considered in the
conceptual design.
Phase 7- Pre-Design Report
The findings from phases 1-6\vill be summarized and documented through the preparation of a detailed pre-
design report. This report will be a bound report including traffic analysis results,concept level design drawings,
opinions of probable cost and recommended improvements. A draft report will be prepared for review by the
City of Bozeman, and the report will then be finalized following receipt of review comments and City
Commission decision on design alternatives. The final deliverable will consist of three bound hard copies of
the final report and an electronic copy in pdf format.
Phase 8- CiIy Commission Presentation
Upon review and approval of the pre-design report by City staff,Sanderson Stewart will prepare a presentation
for the City Commission that will include design alternatives for intersection improvements and any other high-
level design decisions that will require Commission consideration before proceeding with the next phase of the
design process.
Schedule
The anticipated schedule for this project consists of a pre-design report deliverable and Commission
presentation within 3 months of notice to proceed.
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Exhibit B
PROJECT •• WORKSHEET-COST BASED
Pro act Name: S 3rd AvalGraf St Im rovemanis - �"-'-" " '
Pro act Numher: P-17031
Pro act Marra er: Danielle Scharf
Date: 11116/2017
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ASK DESCRIPTIOM BILL RATE $62.02 $50.77 $3320 527.10 528.53 $39.97 $2685 $19.78 $22.70
100 PROJECT INITIATION
107 City Cor slRtalion and Meetings _ _ _- 1 1 $5077
102 Project Scepirq__ _ 4 4 $20308
103 Proled Plan1i10 2 2 51a154
Sublolal Labor Hours 7 7
Sub Total Direct Labor Cost $355.39 5355 39
ub Total Direct Cost by Phase $355 39
with 3.0 fAultipVer $7,066.17
Aulti Ikr- 3.00 GNen feo ol: $1,066.00
200 TRAFFIC DATA COLLECTION
201 Project Manageme end Coord' 1 1 $5077
202 Traffic Data Colecliarl j. 2 12 14 S391.60
203 C-DilarProcess Count Data 4 4 S132.80
204 Count Data Sunma Fgues 2 4 6 $174.80
SUD4olal labor HarS 1 8 16 25
Sub Total Direct Labor Cost $50.77 $265,60 3433.&0 $749.97
205 Died Eqeense-klin bn Process'.J Fees 1 $2,400 00
Sub Total Direct Expense and Subconsukant $2,400.00
ub Total Direct Cosl b Phase 43,149.97
a with 3.0 Mulllpller i4,rd9.9I
uldplier- 3.00 GNen foe of: 54.650.00
300 TRAFFIC IMPACT STUDY
301 Project Management and Coord r 4 _ 4 S203.08
302 CRY ConsJlalbn and Mee' s I _ 1 W.
303 Traffic Vokme 1`14e0oro i 4 _ 4 $20108
304 Traffic Arrays§! 4 8 12 $468.68
305 Signal W errant 1 8 9 5316.37
306 Cmah Data Analysis 1 4 _ 5 $183.57
307 Evaluate Signal w.Roundabout 8 8 _ 16 $671.76
308 Traffic Sinulation 1 8 _ 8 $265.60
309 Evaluate BkwPed Acomm,odatbns 4 8 _ 12 $468.68
310 Qua Control Review I 1 1 2 S11279
Sub-total Labor Hours 1 28 lulu 73
Sub Total Direct Labor Cost $62.02 51.421.56 1 51.460.80 1 1 $2,944.38
311 Subconsultanl-Marvin B Assocales I54,72000
Sub Total Direct Expense and Subconsubanl Si,72000
ub Total Dlrecl Cost b Phase 57,fi64.38
e with 3.0 M.bJP"or 513,553.14
Auldplier- 3.00 Given foe at. 513,553.00
400 PRELIMINARY STORMWATER ANALYSIS
t mart and Courdmaban _ 1 1 $5077
402C-eplual Sto-Water Des53NFea ob,Ay ffi 4 12 16 S601A8
Sub4.IM Labor Hous 5 12 17
Sub Total Direct Labor Cost $25185 $398A0 S652.25
ub Total Direct Cost by Phase $652025
with 3.0 hlullipller $1,956.75
Aulti ll-- 3.00 Givenreeol: $1,957.00
600 TOPOGRAPHIC SURVEY
60 '.t Mart mer4arrd Coord'-6- 1 _ 2 3 $130.71
502 re-Survev Primaration and Research __ 1 1 $39.97
3 1 1 $3997
2 2 $53.70
a S RW Co-or Search Only) _ _ 8 6 $214.80
506 Save Searm4no 20 20 $537.00
r T end Bess Plan 16 16 $456 a
508 Control Review 1 1 2 $90.74
Sub-total Labor Hours 2 16 5 30 53
Sub Total Direct Labor Cost $101.54 $456.48 $199.85 $805.50 $1,56337
ub Total Dlrecl Cost by Phase 31,563.37
Fee!!M 3.0 Multiplier 54,690.11
ulliplier- 3.00 Given lea of: 34,69ll
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00 O CESIGN
601 Ma mend and Coordination 4 _ 4 203.08
6 2 r ulfabon and MeetrYls 2 _ 2 S70154
60 I ld-dion Desian 8 24 8 40 S7,431.20
ra ReMer7 8 8 5181.60
605 tool Cost Eslinatiiq 4 16 _ 20 $73428
606 ua Conbd Review 1 1 $6202
Sub4olal Labor Hours 1 18 40 8 8 75
Sub Total Direct Labor Cost $62.02 591186 $1.328,00 S228.24 $181.60 $2.713,72
ub Total Direct Cost by Phase $2,713,72
with 3.0 Multi Ver 56.141.11
Aultiptier- ].00 Given lee ol: $8,741.00
700 RE-DESIGN REPORT
0 mend and Ca rr&wbpn 4 _ 4 $203.08
702 Cmsultation and Mee a _ _ 1 __. __.. 1 $50.77
4 24 __ _ 1 29 51,019.66
_ 704_rat R 2 8_. _05 eporf_ ___. _ i ._.. 11 $36.
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I 705 Report Endibds 1 _ 1 8. -_ 9 $316.37
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706 OuaRy Control Review 1 1 2 $112.79
Sub-total Labor Hours 1 13 40 2 56
Sub Total Direct Labor Cost $62.02 $660,01 $1.328.00 $39.56 S2,089.59
ub Total DIrect Cost by Phase $2,089.59
as with 3.0 Mu1tlpll1r R.268.77
uXi liar- 3.00 GNen to,ol: $6,269.00
PrD'ect Name: S 3rd AvelGraf St Improvements
Pro'ect NUmher: P•17031
Pro'ect Mana er: 10anfelle Scharf
Date: 11/16/2017
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800 RY COMMISSION PRESENTATION
1 Plojed IA—gem and Coordml on 2 2 $101 54
802 City C-0atm and Meelui s 2 2 $101 54
803 Presenlal'x)n Prep 10 2 12 $553.10
Sub-total labor Hours 14 2 16
Sub Total Dlmci Lab or Cosl $710.78 $45.40 $75618
ub Total Direct Costb Phase $756A8
e with 3.0 MWtlplier $2,268.54
%MVP11— I 3.00 Giwnfecof: $2,269.00
Total Nours 3 BB 144 16 24 5 JO 2 10 J22
Total Dlrecl Labor Cos, $186.06 $4,467.76 $4,780.80 1433.60 $684.72 $799.85 $805.50 $39.55 $227.00 $11.824,65
Total Dlracl Expense and Subconsultanl $7,120.00
Total Project Direct Cost $18,944.85
Dial Fes with 3.0 MuM Iler= $42,595.00
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Other Direct Expenses:
Afoago
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u—Y 1.lelenals $250,00
.1¢ce0aneous(pholocapl, ,le'.oplxme,postage,elc) $500000
br Copies(or Report $200.00
ow Non-Labor Dimcl Es a $950.00 _
Dial Pro act Cost $43 545.00
SCOPE OF WORK & BUDGET ESTIMATE I
Graf Street & S 3rd Avenue
PRELIMINARY DESIGN ENGINEERING 11/16/2017 Marvin&Associates
MANHOURS Labor Direct
PHASE&TASK DESCRIPTION Engineer Technician Costs Costs TOTAL
1 Project Coordination&Initial Scoping 3 0 $345 $5 $350
2 Review new traffic data&extract peak hour volumes for model 2 0 $230 $0 $230
3 Develop new traffic asignment model run existing condition reassignment 16 0 $1,840 $0 $1,840
4 Assmeble information for known developments and run future model assignme 8 0 $920 $0 $920
5 Prepare exhibits and narratives for inclusion in design report 4 0 $460 $0 $460
6 Review alternatives and provide comments as necessary 8 0 $920 $0 $920
TOTALS= 41 0 $4,715 $5 $4,720
Project Budget Range: $4,300 to$5,200