HomeMy WebLinkAbout19- Professional Services Agreement - Allied Engineering Services, Inc. - Manley Road Improvements Project DO2�
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this ar day of �-2019, 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, Allied Engineering Services, Inc., 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. Scope of Services: Contractor 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.
3. Payment: City agrees to pay Contractor 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 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:
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
Professional Services Agreement for[Manley Road Improvements Project]
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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 Contractor Status/Labor Relations: 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 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. 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.
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.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor'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 Contractor'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.
In performing the services under this Agreement, Contractor shall give preference to the
employment of bona fide residents of Montana, as required by §18-2-403, MCA, and as such, term is
defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers
both skilled in their trade and specialized in their field of work for all work to which they are assigned.
Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and
expenses including travel allowances as set forth in the current Montana Prevailing Wage Rate for
Non Construction Services in effective and applicable to Gallatin County, Montana which schedule
is incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation
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of the requirements set forth in the above State of Montana schedule of prevailing wage rates may
subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll
records during the term of this Agreement and for a period of three (3) years following termination
of this Agreement.
The Contractor shall ensure that any person, firm or entity performing any portion of the
services under this Agreement for which the contractor, subcontractor or employer is responsible, is
paid the applicable standard prevailing rate of wages.
In the event that, during the term of this Agreement, an), 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 shall be left to the discretion of Contractor; provided, 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/Waiver of Claims/Insurance: 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 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; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor's agents.
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.
Professional Services Agreement for[Manley Road Improvements Project]
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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
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 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 by the City without
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
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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 per accident; 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 thirty
(30) 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 coveral4e and endorsements prior to the Contractor
commencing work.
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 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, 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
Professional Services Agreement for[Manley Road Improvements Project]
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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 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 9, 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 9(c) 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. Limitation on Contractor's Damages; Time for AssertinIz 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.
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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
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
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 (Kellen Gamradt, Project Engineer) 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 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 Le-� F v-,s 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 frotn applicable governmental authorities, and pay all fees and
charges in connection therewith.
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13 Laws and Regulations: 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 agrees that all hiring by Contractor of persons
performing this Agreement shall be on the basis of merit and qualifications.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 subcontractors providing services under this agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety 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 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 Contractor may not
subcontract or assign Contractor's rights, including the right to compensation or duties arising
Professional Services Agreement for[Manley Road Improvements Project]
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hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound by
all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: 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 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: In the event it becomes necessary for either Party 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 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: Contractor's indemnification shall survive the termination or expiration of
Professional Services Agreement for[Manley Road Improvements Project]
FY 2019—FY 2020
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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: Tile 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 Beneficiary: 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.
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.
Professional Services Agreement for[Manley Road Improvements Project]
FY 2019—FY 2020
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"' END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF,the ()artles hel'eto have exeCUted this Instrument the Clay acid yeas'
first above written.
CITY OF BOZEMAN, MONTANA
CONTRACTOR(Type Name Above)
By By S
A e4Sr ratt, City Man ger
Print Name: �« v6�•s
Print Title: p L -
APPROVED AS TO FORM:
By
Greg 11 an,Bozeman City Attorney
Professional Services Agreement for[Manley Road Improvements Project]
FY 2019—FY 2020
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Exhibit A
'�• Civil Engineering . Geotechnical Engineering . Land Surveying
r�AL�,�D32 Discovery Drive
Bozeman,Montana 59718
ENGINEERING SERVICES,INC. Ph: (406) 582-0221
` Fax: (406) 582-5770
01perse PON"
August 9, 2019
Kellen Gamradt
CoB Engineering Dept.
20 E. Olive Street
Bozeman, MT 59715
e-mail: kgamradt@bozeman.net (Sent via e-mail only)
Re: AESI Scope and Fee—Version 2—Revised
Manley Road Design—Bozeman, MT
Dear Mr. Gamradt:
This letter/attachments are provided as AESI Scope and Fee—Version 2(revised)for the comprehensive
roadway design of the Manley Road improvements on the northeast side of Bozeman, MT. The project
will involve re-constructing and upgrading an approximate 0.7-mile section of Manley to a City collector
standard. The project site will begin on the north side of the Manley and Griffin Drive intersection and
extend northward to the north property line of the Gallatin Park Subdivision. In all actuality, the project
will extend a little further north until the new road width can be tapered back into the existing road.
Version 2 Revisions
Based on comments received from the City on August 2, we have revised our Scope and Fee document
for the Manley Road Design project accordingly. Our current submittal is identified as Version 2 —
Revised. The items that have been added to Version 2 include:
• A detailed cost breakdown for AESI's portion of the fee. This is provided as an attachment.
• A scope item for public outreach, review, and comment at the 30%and 90%design levels.
• A scope item for coordination with the Bozeman Rotary Club for a storm pond location.
Project Team
The AESI team will consist of two primary sub-consultants for road,street lighting, and utility design and
wetland delineation/permitting. These include Robert Peccia &Associates (RPA) and Sundog Ecological.
AESI and RPA will each have other sub-contractors for geotechnical borehole drilling, traffic control, and
utility line potholing. The structure of the team, along with general duties, is provided below:
www.alliedengineering.com
AESI Scope and Fee—Version 2—Revised Project: 18-024.02
Manley Road Design—Bozeman, MT August 9,2019
• Allied Engineering(Prime Consultant): PM, Oversight,Survey, Geotech, H&H,Storm Drainage
■ O'Keefe Drilling: Borehole Drilling for Ex. Road Geotechnical Investigation
■ Mountain West Holding Company: Traffic Control for Borehole Drilling Work
o Robert Peccia &Associates: Road, Street Lighting, & Utility Design. Plans,Specs, & Est.
■ Rocky Mountain Contractors: Utility Potholing of Private Utilities
o Sundog Ecological: Wetland Delineation and Permitting
AESI Past Involvement
In 2018 and early 2019, AESI was involved with the SID development and creation for the funding of the
Manley Road project. We were retained by a private land developer, but worked closely with the City
Engineering Dept. during the SID process. Our work on the project has included property and landowner
research, a topographic survey of the project site, some geotechnical test pits along the edge of the
road, a conceptual layout/design of the proposed improvements, preparation of a cost estimate, and
SID exhibits. We estimated the total SID project cost at $4,200,919.37, which included $242,922.73 for
the engineering design. A copy of the SID Cost Estimate is attached.
Goals of Project Improvements
There are several goals of the project improvements. First and foremost, it is to create a wider and safer
road corridor for vehicular and pedestrian/bike traffic. This will include a wider road section for parking
and turning movements, street lighting, pavement markings, signage, 11-foot wide shared use asphalt
paths on each side of the road, and crosswalk facilities. In the south half of the site, on-street parking
will be maximized in the area of the new Glen Lake Commerce Subdivision and Map Brewing. In the
north half, the new street section will be designed with a center turn lane. With new curb/gutter and
storm drainage facilities,the collection, routing, and treatment of street run-off will also be improved.
Since this project will be funded by the neighboring property owners through an SID, coupled with the
fact that there are a lot of users of the Glen Lake Rotary Park, we recognize there will be a lot of people
with heavy interest in the final design of the project. To make sure that all voices are heard, we plan on
having public meetings at the 30% and 90% design stages. This will give the public the opportunity to
view the design concepts and provide thoughts or comments for final design consideration.
Value Engineering
There are a few items on this project that will look to be value engineered during the planning and
design of the project.
32 Discovery Drive. 6ozernan,Montana 59718 . Ph:(406)582-0221 . Fax:(406)582-5770 .www.alliedengineering.com Page 2
AESI Scope and Fee—Version 2—Revised Project: 18-024.02
Manley Road Design—Bozeman, MT August 9, 2019
• First, we will attempt to layout/design the desired project improvements within the existing
right-of-way and easement widths, some of which is less than the 90-foot width that is typically
required for collector street projects. This will save costs on right-of-way acquisition.
• Second, bike lanes will be eliminated from the street section and combined with the sidewalk in
the form of 11-foot wide asphalt, shared use paths on each side of the road. This will save costs
on gravel section materials and concrete.
• Third, our plan is to widen the road as required and assuming enough road section exists,
strengthen the existing roadbed with base course reinforcement and new sections of base
gravel and asphalt. This will save costs by minimizing excavation and replacement of the
existing road and allow the road to be re-built with less traffic control (and allow the road to be
built under traffic conditions,which needs to happen due to limited access for businesses).
• Fourth, we will use the existing storm water pond on the north side of Glen Lake Commerce
Subdivision, which has been up-sized for some of the Manley runoff, and look to combine our
efforts with the Bozeman Rotary Club during their stream restoration work in the southwest
corner of the Bridger Vale Subdivision for a possible pond in this location. This will save costs on
land negotiations and easements for storm drainage facilities on other neighboring properties.
• Fifth, we will layout/design the road improvements while leaving the existing power poles in
place on the northwest side of the project site. This will save costs on coordination as well as
construction time for utility relocation.
• Sixth, we will look at the possibility of modifying the width and location of the shared use path
on the east side of the road and to the north of Turtle Way. If a boulevard is designed as well as
the full width, 11-foot path in this area, this will result in removal of the entire row of tall and
mature, cottonwood trees that border the neighboring lot. Also, due to grade changes between
new and existing elevations, some sort of a retaining wall would be required along the right-of-
way line. Project costs could be reduced by asking for a design deviation and minimizing the
width of the path in this area. A possible option is to place the path right behind the curb line
along this stretch of roadway.
Project Design Elements
Our scope and fee is to provide the final design plans, specifications, and cost estimate for the City to
review and approve. Our work does not include the bidding of the project nor construction services.
_Both of these aspects of the proiect will be handled with an addendum to the scope and fee.
Provided below is a summary of the main project design elements. All elements involve management
and review:
32 Discovery Drive . Bozeman,Montana 59718 . Ph:(406)582-0221 . Fax:(406)582-5770 .www.alliedengineering.com Page 3
AESI Scope and Fee—Version 2—Revised Project: 18-024.02
Manley Road Design—Bozeman, MT August 9,2019
• Coordination with Sanderson Stewart. They are designing the Griffin Drive intersection.
• Coordination with Sanderson Stewart. They are designing the new south side access road to
Glen Lake Rotary Park.
• Coordination with C&H Engineering. They are designing the Bridger Vale Subdivision.
• Coordination with Madison Engineering on their design and sizing for the Glen Lake Commerce
Subdivision stormwater pond. This pond is on the north side of the development and was built
in 2018.
• Coordination with Bozeman Rotary Club. They are designing the new stream restoration
improvements for the Glen Lake outfall. This is a possible storm pond location. As we under-
stand it, the southwest side of the Bridger Vale Subdivision will become a City-owned park and
will be part of the adjacent Glen Lake Rotary Park.
• Conduct pick-up survey work, including Iron Horse Road intersections in the new Glen Lake
Commerce Subdivision, wetland delineation limits, new underground utilities, and area north of
Gallatin Park Subdivision in the roadway taper area.
• Conduct borehole drilling in the existing roadbed. Prepare a final geotechnical report.
• Conduct wetland delineation. Prepare 310 and 404 permitting documents for impacted areas.
• Conduct potholing of private utilities. Prepare existing utility plans.
• Preliminary roadway design. The design will be based on the 2018 concept plan by AESI.
• Preliminary sanitary sewer design for replacement of the existing sewer main located between
the two curves in Manley Road. One of the existing dual 20" mains will be upsized to 36 inches.
• Preliminary re-design of the south access to Map Brewing. This access needs to align with the
north side intersection of Iron Horse Road.
• Hydrology, hydraulics, and preliminary storm drainage design. The storm drainage for the south
half of the project will be routed to the new storm drain pond on the north end of the Glen Lake
Commerce Subdivision. This pond was up-sized during the design of the recent Glen Lake
project to take water from Manley Road. This will likely require an agreement with the Owners
of the Glen Lake Commerce Subdivision. The final location for the stormwater in the north half
of the project is yet to be determined. One option is using the southwest corner of the Bridger
Vale Subdivision property, which is part of the proposed Bozeman Rotary stream restoration
project for the Glen Lake outfall. Another option is a pond location further to the north.
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• Develop 30%plans, specifications, and estimate. Submit to City for review.
• Hold, attend, and administer public involvement meeting at the 30%design stage.
• Final roadway design.
• Final storm drainage design.
• Final electrical design for street lighting.
• Final traffic design. This does not include a traffic study(see next page).
• Final sanitary sewer design. This will be submitted to the City and MDEQ.
• Develop 90%plans, specifications, and estimate. Submit to City for review.
• Hold, attend, and administer public involvement meeting at the 90%design stage.
• Final review, edits, and submittal of 100%plans, specifications,and estimate for City approval.
Items Not Included in Scope Work
Provided below are the items not included in the scope of work.
• Griffin Drive Intersection Design: This project, along with the design of Griffin Drive from N. 7th
Ave. to Rouse Ave., was recently awarded to Sanderson Stewart. We will be coordinating with
them the lane configuration/design on the north side of the intersection.
• Traffic Study: A traffic study has not been conducted for Manley Road. As part of the Griffin
Drive intersection project, we are assuming one will be performed by Sanderson Stewart. If this
is done in time, we will use the study data to aid in the design of the Manley Road pavement
section. If not, we will design the road based on typical ESAL values for a collector street. We
are not planning on conducting a traffic study as part of our work.
• Right of Way Acquisition: There are four areas along the project corridor where we do not have
a full 90-foot right-of-way. These include along the Mergenthaler property on the south end of
the site, along the railroad property to the west of Map Brewing, along the State of Montana
property (Glen Lake Rotary Park) north of Map Brewing, and along the parcel on the northeast
end of the site (which is in the County). Along each of these properties there are lesser width
easements that should still allow for the construction of the project improvements. In order to
fit the proposed bike/pedestrian improvements, boulevard widths will need to deviate and
some re-configuration of the asphalt shared-use paths may be required. We plan on designing
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the project to fit the existing right-of-way and easement widths. Our work does not include any
right-of-way acquisition.
• Irrigation System and Landscape Design: Our scope does not include any irrigation well,
irrigation sprinkler design, or landscape design in the boulevard areas. We will design conduits
under the asphalt paths such that the adjacent properties can install irrigation in the boulevards
and connect to their existing systems (if they desire). The boulevard areas will be hydroseeded
with drought-tolerant grass seed mixture that is conducive for boulevards that are not watered.
• SWPPP: The preparation, inspection, and management of the SWPPP will be the responsibility
of the Contractor at the time of construction.
• Environmental Permitting: With the exception of the 310 and 404 permitting, which will be
handled during the design, all other environmental-related permits are the responsibility of the
Contractor as the time of construction.
• NWE Power Pole Relocation: We are planning on designing the project with leaving the existing
power poles in place along the northwest side of the project. Based on our 2018 concept plan,
the existing poles will fall in the boulevard area a few feet behind the back of new curb line. We
believe this will be a fine location for the poles. Depending on the height of the overhead lines,
the new street lighting may need to be placed on the east side of the road in this area rather
than a staggered, side-to-side arrangement of the lights. Other option is to go with shorter
poles in this part of the project site to fit under the overhead lines.
Scope Work—Allied Engineering
For a more detailed scope of work and cost break down for Allied Engineering's portion of the project,
see a later section of this letter. In addition to Robert Peccia & Associates and Sundog Ecological, the
two other subcontractors that will work under AESI will include O'Keefe Drilling (borehole drilling) and
Mountain West Holding Company (traffic control during drilling). As the prime consultant, our duties
will generally include project management oversight, review, coordination, facilitating public involve-
ment working the RPA on design items/tasks, topographic survey of the additional areas, geotechnical
investigation and preparation of the geotechnical report and pavement section recommendations,
hydrology, hydraulics and storm drainage design,and assistance with wetland permitting.
Scope Work—Robert Peccia&Associates
For a more detailed scope of work and cost break down for RPA's portion of the project, see the
attachments to this letter. RPA will have one subcontractor, Rocky Mountain Contractors. They will be
doing the potholing of existing private utilities. RPA will be handling design of the road improvements,
sanitary sewer main upgrades and street lighting. They will be preparing the plan drawings, proiect
manual and specifications and the cost estimate for final approval by the City.
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Scope Work—Sundog Ecological
For a more detailed scope of work and cost break down for Sundog Ecological's portion of the project,
see the attachments to this letter. Sundog Ecological will have no subcontractors. Sundog will be under
taking the wetland delineation and 310 and 404 permitting for the project. AESI will provide assistance
as necessary. The only wetland areas on the project appear to be north of Turtle Way on the east side
of the road. Due to road widening and possible storm pond construction (in the southwest corner of the
Bridger Vale property),these wetlands will be disturbed, filled, and impacted.
Deliverables
All plans, specifications, estimates, studies, and reports will be delivered in PDF format. Final plans will
also be submitted in AutoCAD format. Printed copies will be provided as requested by the City.
Time and Materials(Not to Exceed)
As we discussed during an initial project meeting a few months ago, we are prepared to undertake the
above scope of work on a time and materials (not to exceed) basis. We are proposing to do the work
for the engineering design budget that was listed in the SID cost estimate (see attached). Our proposed
not to exceed budget will be$242,922.73. A breakdown of this fee for AESI and the sub-consultants and
subcontractors is provided below. For more details, refer to later sections/attachments to the report.
• Allied Engineering(Prime Consultant): $70,349.73
■ O'Keefe Drilling: $3,000
■ Mountain West Holding Company: $4,000
o Robert Peccia &Associates: $152,533
■ Rocky Mountain Contractors: $5,000
o Sundog Ecological: 59IQ49
ESTIMATED TOTAL: $242,922.73
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.
At a minimum,we will bill the City on a monthly basis. If the City would like to be billed more frequently
(say every two weeks)to keep a better track of time and materials costs,we can certainly do this as well.
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We will work with the City on the billing schedule and the date that invoices need to be submitted.
In order to keep costs down and stay within the project budget, AESI will not mark up any sub-
consultants or subcontractors. We will include and pass the all vendor's costs straight through to the
City on the AESI invoices.
AESI Company Rates
The AESI company rates are listed on the attached Agreement of Professional Services. The individuals
from AESI who will be working mainly on this project will include:
• Paul Sanford—Principal Engineer: $150/hr
• Greg Finck—Principal Surveyor: $150/hr
• Lee Evans—Project Manager: $130/hr
• Josh Smith—Senior Engineer: $120/hr
• Rory Romey—Senior Engineer: $120/hr
• Ron Orton—Environmental Specialist: $95/hr
• Ken Olsen—Sr.CAD Designer: $90/hr
• Erik Schnaderbeck—Engineer Intern: $85/hr
• Connor Switzer—Engineer Intern: $85/hr
• Sarah Studt—Survey Intern: $70/hr
• Matt Edel—Survey Intern: $70/hr
Robert Peccia&Associates Company Rates
Company rates for Robert Peccia & Associates are listed on their attached scope and fee. In general,
RPA's rates (including direct rate, overhead, and profit) range from about$90 to $160/hr depending on
the classification of the personnel.
Sundog Ecological Company Rates
Company rates for Sundog Ecological are listed on their attached scope and fee. The rate for Briana
Schultz,the owner and sole employee of Sundog, is$90/hr.
Project Schedule
Assuming we obtain authorization in the coming weeks, the intent of our team is to start on this project
in the middle to latter part of August. RPA believes it will take about 6 months to prepare the final
design plans, specifications, and estimate for submittal and final approval by the City. This includes
review sets of these design items at the 30 and 90% levels. If we can maintain this schedule, the goal is
to have an approved set of plans and specifications by the end of February 2020. This will allow bidding
of the project to be done in March if the City's desire is to construct the project in 2020.
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Detailed Scope and Cost
For a detailed scope and cost for the work being undertaken by Robert Peccia & Associates and Sundog
Ecological, please refer to the attachments to this letter. RPA's estimated design cost is$152,533, which
excludes the $5,000 they have estimated for their subcontractor(Rocky Mountain Contractors). Sundog
has estimated $8,040 for their wetland delineation and permitting services.
Allied's role in the project will be project management, oversight, review, coordination, facilitating
public involvement, topographic survey of additional items (most of the survey work was completed in
2018), geotechnical services, pavement section design, hydrology/hydraulics/storm drain design, and
assistance with wetland permitting. We have estimated our fee at $70,349.73, which excludes the
$3,000 and $4,000 for our borehole drilling(O'Keefe Drilling) and traffic control (Mountain West Holding
Company) subcontractors. A breakdown of Allied's costs is provided in the table below:
Table 1. Allied's Cost Share for Major Project Tasks
MAJOR PROJECT TASKS ESTIMATED COST
Project Management,Oversight, Review,Coordination: $30,349.73
Facilitating Public Involvement at 30%and 90%Design Levels: $5,000
Topographic Survey: $7,500
Geotechnical Investigation and Report: $10,000
Hydrology/Hydraulics/Storm Drain Design: $15,000
Wetland Permitting Assistance: $2,500
TOTAL ESTIMATED COST: $70,349.73
Notes: 1) The geotechnical investigation and report cost does not include the drilling and traffic control subcontractors.
Provided below is a scope of work for the major project tasks given in the table above:
• Proiect Management, Oversight, Review, and Coordination: As the prime consultant, we will be
responsible for managing and overseeing the project, coordinating with the City and the design
engineering firms for the adjacent projects (under design), lining out RPA and Sundog Ecological
on the work and concept design we have already completed, making sure RPA and Sundog have
what they need to perform the scoped work, design meetings with RPA and the City, addressing
design issues, landowner meetings (as necessary), and review of the 30%, 90%, and 100%design
documents(plans,specifications, and estimate).
• Facilitating Public Involvement at 30% and 90% Design Levels: Public meetings will be planned
and held at the City Engineering Office at the 30%and 90%design levels. We will assist the City
as necessary with the public notification and prepare the presentation and exhibit materials.
We will attend/facilitate the meeting, have forms available for public comment, and summarize
the outcome of the meetings and the comments received.
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• Topographic Survey: We surveyed the road corridor of the project site as part of the SID work in
2018. As the design continues, there will be a need for pick-up survey of other project items
and areas. This will include more survey on the northern end of the site (depending on the final
taper length of the new road), wetland boundary points based on delineation, survey of power
pole and overhead line heights, and survey of proposed stormwater pond locations, etc.
• Geotechnical Investigation and Report: As part of the 2018 work,we dug a few shallow test pits
on the edge of the existing road to get an idea of the soils in the road widening areas and also to
see what the existing road section is comprised of. As stated earlier, one value engineering item
of this project is to hopefully use most of the existing roadbed without having to mass excavate
and replace large and deep sections of the road with new sub-base gravel. Provided enough
gravel exists,our plan is to re-construct the upper part of the road with a new reinforced section
of base course gravel and new asphalt surfacing.
To investigate the existing road conditions, we will drill the road in 4 to 6 locations (depending
on locations of utilities and traffic control constraints). The drilling will be completed with a
truck-mounted rig provided by O'Keefe Drilling under the supervision of AESI. The depth of the
borings will be on the order of five feet. To drill in the road, we will sub-contract to Mountain
West Holding Company for the traffic control, including preparation of the traffic control plan.
Based on the test pit and borehole observations, a geotechnical report will be prepared that
summarizes the conditions and that provides the design and construction recommendations for
road re-construction.
• Hydrology/Hydraulics/Storm Drain Design: We will model the existing site conditions and new
project improvements for storm water hydrology. We will prepare the storm drain design for
the capture, routing, treatment, and discharge of storm water. We will work closely with RPA
and provide the design line work,features, elevations, and reports.
Our intent will be to use the Glen Lake Commerce Subdivision storm water pond on the south
end of the project. During the design of this project, we worked with Madison Engineering and
they up-sized the pond to take additional water from Manley. To use the pond, an agreement
will likely need to be reached between the City and the Owners of the Glen Lake Commerce
Subdivision. The biggest challenge for storm drainage will be on the north end of the site. One
option is to work out an arrangement with the Bozeman Rotary Club such that a new pond could
be constructed in the southwest corner of the Bridger Vale property and could be integrated
into their stream restoration design in this area. Other options either include a pond location on
the far north end of the site (which would require an easement from a neighboring property
owner) or the installation of proprietary treatment systems and direct discharge in the roadside
ditch on the north end of the site.
AESI is the Engineer for the Bozeman Rotary Club stream restoration design for the new Glen
Lake outfall project. As a result, coordination of a possible stormwater pond in the southwest
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corner of the Bridger Vale property for Manley Road should be pretty straight forward. As we
understand it,this area of the Bridger Vale Subdivision will become a City-owned park. We have
had some initial conversations with the Rotary Club, One of their requirements is they do not
want any fencing around the pond location. They want the pond area to be natural-looking.
This will limit the allowable design depth of the pond and depending on the available area, this
may result in a smaller capacity pond.
• Wetland Permitting Assistance: We will provide the necessary assistance to Sundog Ecological
during the wetland delineation and permitting of the project. This will include fieldwork,
coordination, preparation of exhibits, and review and oversight of permit applications.
In closing, we appreciate the opportunity to submit this scope and fee and look forward to working with
the City on this project. If you have any questions 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
Manley Road SID Cost Estimate
AESI Scope and Fee
Robert Peccia &Associates Scope and Fee
Sundog Ecological Scope and Fee
If you accept this proposal and authorize the scope of work to proceed for the Manley Road design for a
an estimated time and materials (not to exceed) cost of$242,922.73, please sign below and e-mail or
fax back to AESI at 1-406-582-5770.
By: Signature:
(print)
Date:
P;\2018\18-024 Manley Road SID and Design\Project Management\Proposals\18-024.02 Manley Road Design\Scope and Fee—Version 2—Revised\2019_0B_09 Manley Road Design—Scope and Fee—Version 2-Revised
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