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HomeMy WebLinkAbout18- Professional Services Agreement - Allied Engineering Services Inc. - Library Parking Lot Improvements Bozo, V 9x PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this -.l`� day of , 2018, by and between the CITY OF BOZEMAN, MONTANA, a self governing muni ipal 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, Allied Engineering Services Inc., 32 Discovery Drive, Bozeman, MT 59718 hereinafter referred to as "Engineer." 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 Engineer to perform for City services described in the Scope of Services attached hereto as Attachment "A" and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the date of its execution and will terminate upon completion of the work. 3. Scope of Work: Engineer will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Engineer the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Engineer 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. Engineer's Representations: To induce City to enter into this Agreement, Engineer makes the following representations: a. Engineer 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, Professional Services Agreement for[Library Parking Lot Improvements] FY 2018—FY 2019 Page 1 of 10 and regulations that in any manner may affect cost,progress or performance of the Scope of Services. b. Engineer 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. Independent Engineer Status/Labor Relations: The parties agree that Engineer is an independent Engineer for purposes of this Agreement and is not to be considered-an employee of the City for any purpose. Engineer is not subject'to the terms and provisions of the City's personnel policies handbook and may not be considered a City employee for workers' compensation or any other purpose. Engineer is not authorized to represent the City or otherwise bind the City in any dealings between Engineer and any third parties. Engineer 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. Engineer shall maintain workers' compensation coverage for all members and employees of Engineer's business, except for those members who are exempted by law. Engineer 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 Engineers. Engineer 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. Engineer shall post a legible statement of all wages and fringe benefits to be paid to the Engineer's employees and the frequency of such payments(i.e.,hourly wage employees shall be paid weekly). Such posting shall be made in a prominent and accessible location at the Engineer's normal place of business and shall be made no later than the first day of services provided under this Agreement. Such posting shall be removed only upon expiration or termination of this Agreement. Professional Services Agreement for[Library Parking Lot Improvements] FY 2018—FY 2019 Page 2 of 10 Engineer 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/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Engineer 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 Engineer; (ii) any negligent, reckless, or intentional misconduct of any of the Engineer's agents. For the professional services rendered,to the fullest extent permitted by law, Engineer 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 Engineer or Engineer'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). Engineer'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 Engineer to assert its right to defense or indemnification under this Agreement or under the Engineer's applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Engineer was obligated to defend the claim(s)or was obligated to indemnify the indemnitee for a claim(s) or any portion(s)thereof. Professional Services Agreement for[Library Parking Lot Improvements] FY 2018—FY 2019 Page 3 of 10 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. Engineer 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, Engineer shall at Engineer'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 Engineer in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Engineer in subsection (a) of this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and Engineer 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. 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 Engineer commencing work. Engineer shall notify City within two (2) Professional Services Agreement for[Library Parking Lot Improvements] FY 2018—FY 2019 Page 4 of 10 business days of Engineer's receipt of notice that any required insurance coverage will be terminated or Engineer's decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Engineer commencing work. 8. Termination for Engineer's Fault: a. If Engineer 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 Engineer's right to proceed with all or any part of the work ("Termination Notice Due to Engineer's Fault"). The City may then take over the work and complete it,either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Engineer shall be entitled to payment only for those services Engineer 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, Engineer 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, make it advisable to the City to cease performance under this Agreement City may terminate this Agreement by written notice to Engineer ("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 Engineer. b. Upon receipt of the Notice of Termination for City's Convenience, unless otherwise directed in the Notice,the Engineer shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring Professional Services Agreement for[Library Parking Lot Improvements] FY 2018—FY 2019 Page 5 of 10 additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Engineer 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 13, Engineer is entitled to payment only for those services Engineer actually rendered on or before the receipt of the Notice of Termination for City's Convenience. d. The compensation described in Section 13(c) is the sole compensation due to Engineer for its performance of this Agreement. Engineer 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. Limitation on Engineer's Damages; Time for Asserting Claim: a. In the event of a claim for damages by Engineer under this Agreement, Engineer's damages shall be limited to contract damages and Engineer 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 Engineer wants to assert a claim for damages of any kind or nature, Engineer shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim,and the total amount of damages sought by the claim, within ten (10) days of the facts and circumstances giving rise to the claim. In the event Engineer fails to provide such notice, Engineer 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 Mike Gray (Facilities Superintendent) 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 Shawn Kohtz 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, Engineer may direct its communication or submission Professional Services Agreement for[Library Parking Lot Improvements] FY 2018—FY 2019 Page 6 of 10 to other designated City personnel or agents as listed above and may receive approvals or authorization from such persons. b. Engineer's Representative: The Engineer's Representative for the purpose of this Agreement shall be Lee Evans or such other individual as Engineer shall designate in writing. Whenever direction to or communication with Engineer is required by this Agreement, such direction or communication shall be directed to Engineer's Representative; provided, however, that in exigent circumstances when Engineer's Representative is not available, City may direct its direction or communication to other designated Engineer personnel or agents. 12. Permits: Engineer 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. 13 Laws and Regulations: Engineer 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 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-Engineers providing services under this agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Engineer shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, Professional Services Agreement for[Library Parking Lot Improvements] FY 2018—FY 2019 Page 7 of 10 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. Engineer 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 Engineer shall be obligated to furnish such proof. The Engineer shall be responsible for instructing and training the Engineer's employees and agents in proper and specified work methods and procedures. The Engineer shall provide continuous inspection and supervision of the work performed. The Engineer is responsible for instructing his employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Engineer may not subcontract or assign Engineer's rights, including the right to compensation or duties arising hereunder, without the prior written consent of City. Any sub-Engineer or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Engineer agrees to develop and/or provide documentation as requested by the City demonstrating Engineer's compliance with the requirements of this Agreement. Engineer 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 Engineer pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Engineer 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 enforce 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. Professional Services Agreement for[Library Parking Lot Improvements] FY 2018—FY 2019 Page 8 of 10 20. Taxes: Engineer 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 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. 22. Survival: Engineer'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 limitation 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. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding 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-Party Beneficiarv: 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. Professional Services Agreement for[Library Parking Lot Improvements] FY 2018—FY 2019 Page 9 of 10 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. 30. Extensions: this Agreement may,upon mutual agreement,be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than June 30,2022 *Y- END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA ENGINEER (Type NameAbove) By � By Andrea Surratt, City Manager Print Name: S- Print Title: ed— M�ti�Sw APPROVED AS TO FORM: 6)o By Greg Su ivan,Bozeman City Attorney Professional Services Agreement for[Library Parking Lot Improvements] FY 2018—FY 2019 Page 10 of 10 Civil Engineering . Geotechnical Engineering . Land Surveying s ALCEfE�R a Discovery Drive Bozeman,Montana 59718 ENGI Ph: (406) 582.0221 &I.VICFax: (406) 582-5770 April 27, 2018 Mike Gray, Facilities Superintendent City of Bozeman 20 E. Olive Street PO Box 1230 Bozeman, MT 59771' e-mail: mgray@bozeman.net (Sent vio e-mail only) Re: Proposal for Civil Design, Bidding, and Construction Services City of Bozeman Library Parking Lot Improvements—Bozeman, MT Dear Mr. Gray: Thank you for the opportunity to provide this civil design services proposal for your consideration. This letter and attachments serve as our proposal for civil design, cost estimating, bid solicitation, and construction oversight and inspection for the proposed parking lot improvements at the City Library on East Main St. in Bozeman, MT. We are pleased to provide this for your review and look forward to working with you and the City on this project. This proposal is based on the information provided by the City during a project concept meeting held at the City Engineering Office on April S. This information included: • One page scope of the project, along with the proposal requirements. • Concept design sheet showing the pedestrian movement, signing, and striping improvements. • Concept design sheet showing the drainage improvements in the existing bioswales. The purpose of this project is to fix traffic movements on the northeast side of the traffic circle, to improve pedestrian connectivity and safety in the parking lot, and to prevent the ponding of stormwater drainage on the parking lot due to the blockage of the curb cuts. Proposed Improvements Provided below is a general list of the proposed improvements. During the design process, some of the drainage-related improvements may be modified. • Add a concrete splitter island on the northeast side of the traffic circle, including signage. • Provide pedestrian bridges or concrete sidewalks (with drainage underneath)at two locations. www.alliedengineering.com Mike Gray Civil Design Services April 27,2018 COB Library Parking Lot Imprvts_ • Install ADA ramps at two locations. • Install crosswalk striping and signage at several locations in the parking lot. • Add a catch basin or curb cut on the south side of the northernmost bioswale. • Construct concrete swales in parts of some of the bioswales. • Remove or trim some of the vegetation on the south side of the traffic circle. • New seal coat over the entire parking lot area. • New striping throughout parking lot area. Firms Qualifications and Experience Allied Engineering is about a 30-person civil, survey, geotechnical, and water resources engineering firm headquartered in Bozeman. We were established in 1997. In past years,we did a lot of commercial site development work when we had different staff, including the City of Bozeman Library project. This project was mainly managed by Chris Budeski (now with Madison Engineering) until he left during the construction phase of the project. I assumed the project management duties and saw it to completion. Over the last several years, we have not done as much site plan and commercial development work as other firms in the area. With that said, we are strong and very capable with our civil services and have recently completed and/or are working on several subdivision development and transportation projects. Below is a list of some of our more relevant projects: • Designed the north half of the Cottonwood Road improvements, which covered the 0.25-mile section from Huffine to Fallon. This project was constructed and completed in 2016. • Designed the West Winds Subdivision project on the corner of Oak and Davis. The north half of the project was constructed and completed in 2017. • Currently working on the planning/design of the Buffalo Wild Wings project, located on the corner of N. 19"'and Baxter. • Currently working on the planning/design of the North Park Development project, located near N. 19"'and the Frontage Road. • Currently working on the planning/design of the Manley Road SID, which will extend for about 0.70-mile from Griffin to the north end of the Gallatin Park Subdivision. Availability and Project Schedule It will take a little time to fit this project in amongst the work we currently have on the books. We foresee getting started on it at some point in late May or early June. We would plan on having an approved design and engineering cost estimate by the middle of July. We would solicit bids in the latter part of July with the hope that construction would occur in August and September. 32 Discovery Drive . sozeman.montanaS9718 . Ph:1406r582.0221 .Fax:1400582-577o . www.alliedengtrreeringcom Page 2 Mike Gray Civil Design Services April 27,2018 _COB Library Parking Lot Imprvts. Personnel on the Project Provided below is a list of the personnel.that would likely work on the project: • Lee Evans, PE: Project manager • Rory Romey, PE: Lead Civil Engineer • Josh Smith, PE: Provide assistance as necessary • Kyle Thompson, LS: Survey and construction staking • Erik Schnaderbeck, El: Construction oversight and inspection Scope of Work Most of this is taken directly from the COB project scoping dOCllment. We have added some other task items as well. • Design_ond Specifications: Review concept improvements. On-site meetings with COB to discuss project concept and current issues. Conduct pick-up survey as necessary to mesh with our 2005 Library plans. Fly the site with our drone to capture an image of the current striping layout. Look into pedestrian bridge options and costs for the two bioswale crossings. Consider option B consisting of concrete walkways w/culverts for the bioswale crossings. Develop detailed plans and specifications. Develop bid documents for approval and construction. • Cost Estimate: Develop construction cost estimate. • Solicit Bids: We are assuming that this project will not need to be publicly bid. Solicit bids from 2 to 4 contractors. Provide bid results and recommendation to the COB. • Construction: Pre-con meeting. Construction staking. Oversight and inspection. Review pay estimates and provide certification of project completion. 32 Discovery Dr ive . Bozeman,Montana 59718 . Ph:14061582-0221 . Fax:14061 582-5 7 70 . www.alliedengineering.com Page 3 Mike Gray Civil Design Services April 27,2018 _ COB Libras Parking lot Imprvts. Fixed Fee Cost We are prepared to undertake the above scope of work on a fixed fee basis. Our cost for performing our scoped services will be$15,000. Provided below is a breakdown for each phase: • Design and Specifications: $7,500 • Cost Estimating: $500 • Solicit Bids: $2,000 • Construction: $5,000 Total: $15,000 The terms and conditions under which our services are offered will be in accordance with the enclosed agreement for professional services. Those services not anticipated in our scope of work will be provided at the Client's request on a time and materials basis, or under separate agreement or authorization,as the services are identified and requested by the Owner. In closing, we appreciate the opportunity to submit this proposal and look forward to working with you on this project. If this proposal meets with your approval, please sign in the space provided below and return a copy to our office indicating your authorization of the work. Our fax number is 1-406-582-5770 or else you can e-mail me a PDF at levans@alliedeneineering.com. This proposal is good for 30 days. If you have any questions about this proposal or need any additional information regarding our proposed scope of work, please give me a call at 1-406-582-0221. Sincerely, Allied Engineering Services, Inc. Lee S. Evans, PE Geotechnical Engineer enc: Agreement for Professional Services 32 Discovery Drive . Bozeman.Montana 59718 . Ph:(4061 582-0221 .Fax:(406)562-5770 . www.ailledengineering.com Page 4 Mike Gray Civil Design Services April 27,2018 COB Library_Parking Lot Intprvts. If you accept this proposal and authorize the scope of work to proceed for a fixed fee of$15,000, please sign below and e-mail back to me at levans@alliedengineering.com. By: Signature: (print) Date: M\Proposals\GvJ\Fub!rc\2018\Cty of 8oteman\Library Part/mg Lot Improvements\Proposal\2016 00_27 C09 tibrary Padmg lot Improvements-C-1 Proposal 32 Discovery Drive . Bozeman.Montana 59118 . Ph:4406)582-0221 .Fax:(406)582-5 7 70 .M.,ww.alliedengineering.com Page 5 April 27,2018 Civil Design Services COB Library Parking Lot Imprvts. . Page 1 of 3 r_L 'aIED ENGINEERING SERVICES,INC. �lVerse Probe AGREEMENT FOR PROFESSIONAL SERVICES (for fixed fee contracts) The Agreement This agreement is made by and between Allied Engineering Services, Inc. of 32 Discovery Drive, Bozeman, Montana, 59718, hereinafter referred to as AESI, and City of Bozeman, hereinafter referred to as CLIENT. This agreement between the parties consists of these terms and the attached proposal and any exhibits or attachments noted in the proposal. Together, these elements will constitute the entire agreement, superseding any and all prior negotiations, correspondence, or agreements either written or oral. Any changes to this agreement must be mutually agreed to in writing. If this proposal is not accepted within one month of the proposal date, AESI reserves the right to amend or withdraw the proposal as appropriate. Standard of Care Services provided by AESI under this agreement will be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the engineering profession practicing contemporaneously under similar conditions in the locality of the project. CLIENT and their agents shall examine and respond to AESI's submissions; and give prompt written notice to AESI whenever.CLIENT observes or otherwise becomes aware of any defect in the work. Of significance with respect to this provision is a contractor's responsibility to check designs and staking during construction. Site Access and Site Conditions CLIENT shall grant or obtain free access to the site for all equipment and personnel necessary for AESI to perform the work set forth in this agreement.AESI will take reasonable precautions to minimize damage to the site, but it is recognized by CLIENT that, in the normal course of work some damage may occur (such as may result from gaining access with vehicles, or by subsurface explorations) and the correction of such damage is not part of this agreement unless so specified in the proposal. CLIENT shall furnish all available records (as-built drawings, construction records, etc.) indicating the existing site conditions including locations of all underground structures and utilities. AESI will take reasonable precautions to avoid known underground structures or utilities, but CLIENT agrees to hold AESI harmless from any damages that may result due to underground structures or utilities that were not identified or accurately located. Basis of Fees for Professional Services CLIENT agrees to pay AESI on a fixed fee basis for the scope of work described in the attached proposal. If it becomes necessary to increase the scope of work for reasons not in the control of AESI, additional services will be charged on a time and materials basis with prior approval from the client. For April 27,2018 Civil Design Services COB Library Parking Lot Imprvts. Page 2 of 3 reimbursable expenses and services provided by independent professional associates, consultants or subcontractors employed by AESI, CLIENT agrees to pay the amount billed to the AESI times a factor of 1.10. Billable hourly rates for the various categories of employees are summarized as follows: Employee CategorV Billable Hourly Rate President/Principal $185/hour Principal Engineer $140/hour Project Manager $125/hour Project Surveyor $120/hour Land Surveyor• $100/hour Project Engineer $110/hour Design Engineer $100/hour Engineer Intern $85/hour Survey Intern $70/hour Sr. CAD Designer $85/hour CAD Drafter $70/hour Environmental Specialist $85/hour Project Representative $75/hour Intern $60/hour Administration $55/hour Project Coordinator $65/hour GPS Use $25/hour Total Station Use $15/hour ATV Use $25/hour Mileage/Truck Rental $0.70/mile or minimum $35/day Reimbursable Expenses Reimbursable Expenses mean the actual expenses incurred by AESI in connection with the Project, such as expenses for: transportation; subsistence; toll telephone calls; reproduction of reports, Drawings, Specifications, Bidding Documents and similar Project-related items; computer time; equipment rental; and if authorized in advance by CLIENT,overtime work requiring higher than regular rates. Billing and Payment AESI shall submit invoices monthly and/or at project milestones for services rendered and for reimbursable expenses incurred. AESI also reserves the right to require full payment of any outstanding invoices and/or full payment of said contract prior to submittal of deliverables to the CLIENT. If CLIENT disputes the amount of a billing, CLIENT will notify AESI in writing within ten (10) calendar days of the receipt of bill of the dispute. Payment is due thirty (30) calendar days from the date of bill. CLIENT agrees that interest at the maximum rate allowed by law will accrue on all amounts past due, and that failure to pay AESI within sixty (60) days may be considered a breach of this agreement. CLIENT also agrees to pay all collection fees if collection services become necessary. April 27,2018 Civil Design Services COB Library Parking Lot Imprvts. Page 3 of 3 Termination CLIENT shall have the right to terrninate'this agreement at any time by giving written notice to AESI.This agreement may be terminated by AESI in the event of substantial failure of performance by CLIENT, or if CLIENT suspends the work for more than three(3) months. In the event of termination, AESI will be paid for services performed prior to the date of termination. If the agreement is terminated by CLIENT, AESI shall also be entitled to reasonable termination expenses, including, but not limited to the cost of completing records, and reports necessary to document job status at the time of termination. Legal Relations AESI shall comply with all Federal, State, and Local laws and ordinances applicable to the work to be done. AESI hereby agrees to indemnify and hold CLIENT harmless from all claims and liability due to the activities of AESI, their agents, employees, or both in performing the work required. Any and all employees of AESI engaged in the performance of work or services required by this agreement shall be considered employees of AESI only and not of the CLIENT. The CLIENT hereby agrees to indemnify and hold the AESI harmless from all claims and liability due to the activities of CLIENT,their agents, employees,or both, in performing the work required. AESI is and shall perform this agreement as an independent contractor, and as such, is responsible to the CLIENT only as to the results to be obtained in the work herein specified, and to the extent that the work shall be done in accordance with the terms of this agreement. AESI shall have and maintain complete control over all of its employees, subcontractors, agents and operations, being responsible for any required payroll deductions and providing required benefits, such as, but not limited to, worker's compensation with statutory limits, and unemployment insurance. This Agreement applies to and shall be binding on the heirs, personal representatives, successors and assignees of the respective parties. The CLIENT hereby guarantees the performance of the terms and conditions contained and set forth in this contract to be kept and performed on the part of the Owner, including but not limited to, the promise to pay for services and materials rendered. in this regard should the owner company not pay its invoices when due, Allied may proceed directly against the undersigned personally and individually, jointly or severally without exhausting its remedies as to the owner company. This provision shall be construed according to the laws of the State of Montana. Limitations AESI takes no responsibility for hazardous materials or similar unknown site/building conditions that may exist at the project. While AESI is responsible for its own employees, AESI takes no responsibility for jobsite and worker safety and for construction means, methods, techniques, sequences and procedures of other companies. Lastly, CLIENT agrees to limit AESI`s liability for all causes, including errors, omissions, and negligence, to an amount not to exceed two times the sum total of AESI invoices to the CLIENT for the project in question.