HomeMy WebLinkAbout02-24-20 City Commission Packet Materials - C12. PSA with Sanderson Stewart for Bridger-Griffin and Bridger-Story Mill ProjCommission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Bob Murray, Project Engineer
Shawn Kohtz, City Engineer
SUBJECT: Story Mill Road Reconstruction from Bridger to Griffin and Bridger/Story Mill
Intersection Improvements Project Professional Services Agreement
MEETING DATE: February 24th, 2020
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Approve and authorize City Manager to sign the Professional Services
Agreement with Sanderson Stewart.
BACKGROUND: Attached is a copy of the partially executed Professional Services Agreement with
Sanderson Stewart for the Story Mill Road Reconstruction from Bridger to Griffin and Bridger/Story Mill
Intersection Improvements Project. The document is in the City’s standard format.
These services were procured through the City’s consultant selection process. A Request for Proposals
was published in the Bozeman Daily Chronicle on October 20th and 27th, with the proposals being due on
November 8th. Proposals were received from 4 firms on the project which were distributed to a selection
committee of 3 city employees. The written proposals were scored by the selection committee and
Sanderson Stewart was selected the most qualified to complete the project.
The current contract is for the predesign services only. In this phase the consultant will review, compare,
and contrast the installation of a signal versus a roundabout at the Bridger/Story Mill intersection. This
phase will culminate with a presentation to the City Commission to decide on which improvements will
be installed. After that decision is made, an amendment will be negotiated to add the design phase
services.
UNRESOLVED ISSUES: None
ALTERNATIVES: As suggested by the City Commission
FISCAL EFFECTS: $63,455 from the Street Impact Fee Fund (projects SIF116 and 117).
Attachments: Professional Services Agreement
Report compiled on: 2/12/20
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PROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made as of. , between THE CITY OF BOZEMAN, a self-
governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121
North Rouse Ave., Bozeman, Montana, 59715 (OWNER) and Sanderson Stewart, 106 East Babcock, Bozeman,
Montana, (ENGINEER).
Whereas the accomplishment of the work and services described in this Agreement is essential to the OWNER'S
public works improvement program.
Whereas the OWNER intends to and has selected the ENGINEER to provide necessary and professional engmeering
services for the project.
Whereas the ENGINEER represents that it is willing and qualified to perform the professional engineering services
for this project described m this Agreement.
Therefore, m consideration of the foregoing recitals and the mutual covenants and conditions contamed herein, the
parties agree as follows:
ARTICLE 1 - ENGINEERING SERVICES
1.1. ENGINEER will provide the services set forth in Exhibit A - Scope of Services ("Engineering Services"), which
is hereby incorporated in and mad a part of this Agreement.
ARTICLE 2 - ENGINEER'S RESPONSIBILITIES
2.1. ENGINEER shall perform for OWNER professional engineering services in all phases of the Project to which
this Agreement applies as hereinafter provided. These services will include, but not be limited to, serving as OWNER'S
professional engineering representative for the Project, providing professional engineering consultation and advice and
furnishing customary civil and structural engineering services incidental thereto.
2.2. The ENGINEER shall furnish all labor, materials, equipment, supplies, and incidentals necessary to conduct and
complete the ENGINEER'S portions of the Project and to prepare and deliver to the OWNER all data, reports, plans,
specifications, and recommendations as designated herein.
2.3. The ENGINEER shall ascertain such information as may have a bearing on the work from local units of
government, public, and private organizations and shall be authorized to procure information from other authorities as to
the extent of these contacts and the results thereof.
2.4. The ENGINEER'S work shall be in accordance with the standards of sound engineering practices.
2.5. The ENGINEER shall name a Principal-In-Charge for the duration of the project. The Priacipal-In-Charge shall
be Danielle Scharf, PE, PTOE. LEED AP.
2.6. The ENGINEER shall name a Project Manager who shall be the liaison between the ENGINEER and the
OWNER. The Project Manager shall be Danielle Scharf. PE. PTOE. LEED AP. The OWNER may name a Task Director
who would be the liaison between the ENGINEER and the OWNER during the design segment of the Project.
2.7. The ENGINEER shall submit an estimated progress schedule at the beginning of the work, and monthly progress
reports thereafter until the project is completed.
ARTICLE 3 - OWNER'S RESPONSIBILITIES
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3.1 The OWNER shall name a Task Director who shall be the liaison between the ENGINEER and the OWNER
during DESIGN segment of the Project. The Task Director designated shall be Bob Murray. PE.
3.2 The OWNER shall have the right of review and examination of the ENGINEER'S work at all times.
3.3 The OWNER shall make available all records (record drawings, construction records, etc.) indicating the existing
configuration of the city utilities.
3.4 The OWNER will be responsible for advertising bid openings.
3.5 The OWNER shall attend the pre-bid conferences, bid openings, pre-construction conferences, construction
progress and other job related meetings, substantial completion inspections and final payment inspections.
ARTICLE 4 - BASIC ENGINEERING SERVICES
The ENGWEER shall render professional Engineering Services as follows:
4.1 PRE-DESIGN INVESTIGATION PHASE
After written authorization to proceed, ENGINEER shall:
4.1.1 Consult with OWNER to clarify and define OWNER'S requirements for the Project and review
available data.
4.1.2 Advise OWNER as to the necessity of OWNER'S providing or obtaining from others, data or services
and assist OWNER in obtaining such data or services.
4.1.3 Identify and analyze requirements of governmental authorities having jurisdiction to approve the design
of the Project and participate in consultations with such authorities.
4.1.4. Provide analyses of OWNER'S needs, planning surveys, site evaluations and comparative studies of
prospective sites and solutions.
4.1.5. Provide a general economic analysis of OWNER'S requirements applicable to various alternatives.
4.1.6 —Assist in formation of Special Improvement Districts (SID) by preparing district boundary
descriptions and maps, preparing a property' owner's and assessments role lists including project assessment
costs based on the preliminaty project cost estimates, and providing technical information at SID public"
hearings, if applicable.
4.1.7. Prepare a Report containing schematic layouts, sketches and conceptual design criteria with
appropriate exhibits to indicate clearly the considerations involved (including applicable requirements of
governmental authorities having jurisdiction as aforesaid) and the alternative solutions available to
OWNER and setting forth ENGINEER'S findings and recommendations. This Report will be accompanied
by ENGFNEER's opinion of probable costs for the Project, including the following which will be separately
itemized: Constmction Cost, allowance for engineermg costs and contingencies, and (on the basis of
information famished by OWNER) allowances for such other items as charges of all other professionals
and consultants, for the cost of land and rights-of-way, for compensation for or damages to properties, for
interest and fmancing charges and for other services to be provided by others for Owner. The total of all
such costs, allowance, etc. are hereinafter called "Total Project Costs".
4.1.8. Furnish 3 copies and an electronic copy of the Study and Report documents and review them in
person with OWNER.
The Pre-design Investigation Phase will be completed and submitted within 90 calendar days following written
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authorization from OWNER to ENGINEER to proceed with that phase of services.
4.2 PRELIMINARY DESIGN PHASE - NOT USED
4.3 FINAL DESIGN PHASE-NOT USED
4.4 BIDDING OR NEGOTIATING PHASE - NOT USED
4.5 CONSTRUCTION PHASE - NOT USED
4.6. PROJECT DOCUMENTATION-NOT USED
4.7. CONSTRUCTION TESTING-NOT USED
ARTICLE 5 - ADDITIONAL SERVICES
5.1. If OWNER wishes ENGINEER to perform any of the following Additional Services, OWNER shall so instruct
ENGINEER in writing, and ENGINEER shall perform or obtain from others such services and will be paid therefor as
provided in the Agreement:
5.1.1. Legal land surveys performed to obtain data for preparing easements and rights-of-way descriptions.
5.1.2. Preparation of applications and supporting documents for governmental agencies in addition to those
required under Basic Services; preparation or review of environmental studies and related services; and
assistance in obtaining environmental approvals.
5.1.3. Services resulting from significant changes in the general scope, extent or character of the Project or
major changes in documentation previously accepted by OWNER where changes are due to causes beyond
ENGINEER'S control.
5.1.4. Providing renderings or models.
5.1.5. Preparing documents for alternate bids requested by OWNER for work not executed or for out-of-
sequence work.
5.1.6. Providing other services not otherwise provided for in this Agreement, including services normally
furnished by the OWNER as elsewhere herein described.
5.1.7. Furnishing the services of independent professional associates or consultants for other than Basic
Services.
5.2. When required by the Contract Documents in circumstances beyond ENGINEER'S control, ENGINEER shall
perform or obtain from others any of the following Additional Services as circumstances require during construction and
without waiting for specific instructions from OWNER, and ENGINEER will be paid therefor as provided in this
Agreement:
5.2.1. Services in connection with work directive changes and change orders to reflect the changes requested
by OWNER if the resulting change in compensation for Basic Services is not commensurate with the additional
services rendered.
5.2.2. Services in making revisions to Drawings and Specifications occasioned by the OWNER'S acceptance
of substita^tions proposed by Contractor(s); services after the award of each contract in evaluating and
determining the acceptability of an unreasonable or excessive number of substitutions proposed by Contractor;
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and evaluating an unreasonable or extensive number of claims submitted by Contractor(s) or others in connection
with the work.
5.2.3. Services resulting from significant delays, changes or price increases occurring as a direct result of
materials, equipment or energy shortages.
5.2.4. Additional or extended services during construction made necessary by (1) work damage by fire or
other causes during construction, (2) a significant amount of defective or neglected work of any Contractor, (3)
acceleration of the progress schedule involving services beyond normal working hours, (4) default by any
Contractor.
ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE
6.1 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER
6.1.1 Payment. The OWNER shall for design phase services performed as Basic Engineering Services under
sections 4.1 through 4.3 of this Agreement pay a total sum in the amount of $63,455.00 for such services.
6.1.2 OWNER will pay ENGINEER the amounts set forth in Exhibit A - Scope of Services pursuant to the
payment terms therein.
6.1.3 General. Engineer shall submit monthly statements for services rendered. The statements shall be
based upon Engineer's estimate of the proportion of the total services actually completed at the time of billing,
subject to any limitations on Payments based on completion of tasks or specific retainage requirements pursuant
to the payment provisions of this Agreement.
6.1.4 Reimbursable Expenses. Only those expenses specifically identified for payment under section 6.2 of
this Agreement are reimbursable. All other design related expenses are included in the Lump Sum Payment for
the Basic services (4.1 through 4.4) and are not separately reimbursable. Additional Services specifically
identified under the scope of design services for payment under 6.1 are not separately reimbursable.
6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER.
Construction and project documentation services performed as Basic Engineering Services under sections /1./1 through '1.7
including General Administration of Construction Contract, Resident Project Representation, Project Documentatiea.-aad
Construction Testing, shall be compensated in accordance with the following:
^riA — The OWNER shall pay for Construction Phase and Project Documentation Service
exceed except as provided under 6.2.1.2 and 6.2.'1.
an amount not to
6.2.1.1 —Costs Compensatiea: —Compensation for these services shall be based on the ENGINEER'S
Direct Labor Cost times a factor of for services rendered which shall cover Direct Labor,
Direct Labor Overhead, General & Administrative Overhead and Profit.
6.2.1.2 —Notificatie&r —At any time during the construction that it becomes apparent that—the
Construction Phase and Project Documentation Sendees rendered under this Agreement will exceed the
negotiated compensation for these services, and prior to performing services in excess of the contract
ceiling, the ENGINEER shall give OWNER written notice thereof. Promptly thereafter 0'<AWER and
ENGINEER shall review the scope and progress of the project work. ENGINEER shall obtain written
authorization from O^WJER, prior to any additional costs being incurred under paragraph 6.2.1.3. If it
is determined that due to a change in project scope under paragraph 5.2.1, the ENGINEER is entitled to
additional compensation, 0\WJER and ENGINEER may negotiate terms as provided under 6.2.1.1.
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The amount and terms of any additional compensation under 6.2.1.1 or 6.2.1.3 shall be negotiated and
agreed in writing pursuant to 9.16.
6.2.1.3 Costs Exceeding Estimated Compensation. Except as allowed under 5.2.1, when the total cost
of the original scope Construction Phase and Project Documentation Services exceeds the negotiated
compensation for these services, the O'ftWER shall pay only for the direct costs incurred in excess of
the estimated compensation. These costs consist of an amount equal to the ENGINEER'S Direct Labor
Cost times a factor of for services rendered which shall include Direct Labor, the federally
audited payroll Direct Labor Overhead, and General -set
include any allowance for profit.
& Administrative Overhead costs, but shall not
6.2.2. —Reimbursable Expenses, as defined in section 7.1 of this Acreement, for Basic Services and Approved
Additional Services shall be paid to the ENGINEER by the OV.WER in the actual amount of the costs ineused
up to an amount not to exceed $ which includes $ for consultants employed-by-tbe
Engineer and $
identified in Exhibit"
for all other reimbursable expenses. The estimated reimbursable expenses are
(I
6r3^—Failed Test Expenses. The ENGINEER shall maintain and provide to the OWNER, a record of the
costs associated with failing quality control tests performed for the OWNER during the course of the
construction of the project and recommend an amount the OWNER deduct from the contractor(s) payments.
6.2.4 The OWNER shall pay an amount for Additional Services rendered by the ENGINEER and approved
in writing by the OWNER on the basis of the ENGINEER'S Direct Labor Costs times a factor of 10, or an
amount otherwise negotiated at the time such services are requested and approved by the OWNER.
ARTICLE 7 - MEANING OF TERMS
7.1 AGREEMENT
As used herein the term "this Agreement" refers to the contents of this document and its Exhibits attached hereto and
referred to as if they were part of one and the same document.
7.2 CONSTRUCTION COSTS
The construction cost of the entire Project (herein referred to as "Construction Cost") means the total cost to OWNER of
those portions of the entire Project designed and specified by ENGINEER, but it will not include ENGINEER'S
compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, properties unless this
Agreement so specifies, nor will it include OWNER'S legal, accounting, insurance counseling or auditing services, or
interest and financing charges incurred in connection with the Project or the cost of other services to be provided by others
to OWNER.
7.3 DIRECT LABOR COSTS
Direct Labor Costs used as a basis for payment mean the actual salaries and wages paid to all ENGINEER'S personnel
engaged directly on the Project, including, but not limited to, engineers, architects, surveyors, designers, drafters,
specification writers, estimators, other technical and business personnel; but does not include indirect payroll related costs
or fringe benefits. For the purposes of this Agreement the principals and employees of the ENGINEER maximum billable
Direct Labor Costs are:
Principals $56.85/hour
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7.4
Senior Engineer II $51.31/hour
Senior Engineer I $43.30/hour
Prqj ect Engineer II $36.78/hour
Proj eot Engineer I $33.88/hour
Staff Engineer II $29.80/hour
Staff Engineer I $27.72/hour
Designer I $25.79/hour
Senior Designer I $28.86/hour
Senior Designer II $32.10/hour
Senior Professional Land Surveyor $39.89/hour
Professional Land Surveyor $34.62/hour
Staff Surveyor I $24.90/hour
Staff Surveyor II $29.60/hour
Project Administrator $25.00/hour
Clerical/Admin $22.40/hour
REIMBURSABLE EXPENSES
Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER'S independent professional
associates or consultants directly in connection with the Project, such as expenses for: transportation and subsistence
incidental thereto; obtaining bids or proposals from Contractors); subsistence and transportation of Resident Project
Representatives and their assistants; toll telephone calls and telegrams; reproduction of reports. Drawings, Specifications,
Bidding Documents and similar Project-related items; and if authorized in advance by OWNER, overtime work requiring
higher than regular rates. In addition, when compensation for Basic Services is on the basis of Direct Labor Costs method
of payment, Reimbursable Expenses will also include the amount billed to ENGINEER by special consultants employed
by ENGINEER and authorized by OWNER (other than as an authorized Additional Services) and will also include
expenses incurred for computer time and other specialized equipment, including an appropriate charge for previously
established programs and expenses of photographic production techniques.
ARTICLE 8 - PAYMENT PROVISIONS
8.1 TIMES OF PAYMENTS. ENGINEER may submit monthly statements for Basic Services and approved
Additional Services rendered and for Reimbursable Expenses incurred; however, payments shall not exceed the ceilings
provided in 6.1 and 6.2. Final payment shall be made only after acceptance of the project by the OWNER. If OWNER
disputes the amount of the billing, OWNER will notify the ENGINEER in writing within ten (10) calendar days of the
receipt of bill of the dispute.
8.2 REQUESTS FOR PAYMENT. Each request for payment shall include a documentation summary of the
period incremental man hours incurred, direct labor rates and billed rates, detail of reimbursable costs, total period billing,
and total cumulative billing. When requested by OWNER services for distinct project segments shall be accounted and
billed separately.
8.3 PAYMENT UNDER TERMINATION. In the event of termination by the OWNER upon the completion of any
phase of the Basic Services, progress payments due ENGINEER for services rendered through such phase shall constitute
total payment for such services. In the event of such termination by OWNER during any phase of the Basic Services,
ENGINEER also will be reimbursed for the charges of pre-approved independent professional associates and consultants
employed by ENGINEER to render Basic Services, and paid for services rendered during that phase on the basis of the
payment provisions of the Agreement. In the event of any such termination, ENGINEER will be paid for unpaid pre-
approved Additional Services and unpaid Reimbursable Expenses which are authorized under this agreement.
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ARTICLE 9 - GENERAL CONSIDERATIONS
9.1 TERMINATION OF AGREEMENT
9.1.1 The sole right is hereby reserved to the OWNER to terminate this Engineering Agreement for any and
all causes or for its convenience at any time upon fifteen (15) days written notice to the ENGINEER.
9.1.2 If termination for default is effected by the OWNER, an equitable adjustment in the price provided for
in this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed
services or other work, and (2) any payment due to the ENGINEER at the time of termination may be adjusted to
cover any additional costs to the OWNER because of the ENGINEER'S default. If termination for convenience
is effected by the OWNER, the equitable adjustment shall include a reasonable profit, as determined by owner,
for services or other work performed. The equitable adjustment for any termination shall provide for payment to
the ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination
settlement costs reasonably incurred by the ENGINEER relating to commitments which had become firm prior to
the termination.
9.1.3 Upon receipt of a termination action under paragraph 9.1.2, the ENGINEER shall (1) promptly
discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to
the OWNER within ten (10) days copies of all data, design drawings, specifications, reports, estimates,
summaries and such other information and materials as may have been accumulated by the ENGINEER in
performing this Agreement, whether completed or in process.
9.1.4 In the event this Contract is terminated prior to completion, the original copies of the ENGINEER'S
data, recommendations, plans, specifications, analysis and other related documents prepared by the ENGINEER
prior to said termination shall be delivered to and become the property of the OWNER.
9.1.5 Upon termination, the OWNER may take over the work and may award another party an Agreement to
complete the work under this Agreement.
9.1.6 OWNER'S right to terminate is in addition to any other remedies OWNER may have under the law.
9.2 INSPECTION AND AUDIT
All books, papers, records, payrolls, vouchers and invoices relating to costs and expenditures incurred as to the
performance of the services by the ENGINEER hereunder shall be made available to the OWNER, or their authorized
representatives for audit and review, at the ENGINEER'S respective offices at all reasonable times during the contract
period and for three years from the date affinal payment.
9.3 EMPLOYMENT
The ENGINEER warrants that he has not employed or retained any company or persons, other than a bona fide employee,
working solely for the ENGINEER, to solicit to secure this contract, and that he has not paid or agreed to pay any
company or person, other than bona fide employees working solely for the ENGINEER, any fee, commission, percentage,
brokerage fee, gifts or any other considerations contingent upon or resulting from the award or making of this Contract.
For breach or violation of this warranty, the OWNER shall have the right to annul the Contract without liability or in its
discretion to deduct from the price or consideration or otherwise recover the full amount of such fee, commission,
percentage, brokerage fee, gift or contingent fee.
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All employees of the ENGINEER or other persons while engaged in the performance of work or services required by the
ENGINEER shall be considered employees of the ENGINEER only and not of the OWNER.
9.4 NONDISCRIMINATION
The ENGINEER agrees that all hiring by ENGINEER of persons performing this Agreement shall be on the basis of merit
and qualifications.
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 refase 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 tenns of its sub-consultants providing services under this
agreement.
9.5 SUBLETTING OR ASSIGNING OF WORK
The ENGINEER shall not sublet or assign any of the work covered herein without prior written approval of the OWNER.
9.6 STANDARD OF CARE
In providing services under this agreement, the ENGINEER will perform in a manner consistent with the degree of care
and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any
service should be found to be not in conformance with this standard, the ENGINEER shall, at the OWNER'S request, re-
perform the service at its own expense. Engineer shall also, at its own expense, make such changes, modifications or
additions to the project which are made necessary as a result of the initial non-performance or the re-performance of
services. The OWNER'S rights herein are in addition to any other remedies the OWNER may have under the law.
9.7 LEGAL RELATIONS:
9.7.1 The ENGINEER shall, consistent with the standard care, comply with those Federal, State, and Local
laws and ordinances applicable to the work to be done.
9.7.2 The ENGINEER agrees to defend, indemnify and hold harmless the OWNER, its officers, directors,
agents and employees from and against any suit, cause of action, claim, cost, expenses, obligation and liability of
any character, including attorney's fees, which is brought or asserted for any bodily injury, death, or physical
damage to property received or sustained by any person, persons, property, business or any other entity, arising
out of or resulting from, or in connection with the ENGINEER'S negligent performance of the work specified in
this agreement.
9.7.3. The ENGINEER agrees to defend, indemnify and hold harmless the OWNER, its officers, directors,
agents and employees, should OWNER, its officers, directors, agents or employees be named as a defendant in
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any action where the OWNER'S alleged liability arises from the negligent performance of the ENGINEER'S
work herein described. The obligations of the ENGINEER to defend, indemnify and hold harmless the OWNER
will apply to any suit, cause of action, claim, cost or obligation including, without limitation, those alleged under
the common law or pursuant to a federal or state statute or regulation including those arising in tort, trespass,
nuisance, and strict liability.
9.7.4 In the event the OWNER is found proportionately responsible for any damages ultimately awarded to a
plaintiff or plaintiffs in any lawsuit, the ENGINEER will be responsible for only those damages, costs, or
liabilities as are attributable to the ENGINEER'S percent of fault as compared with 100% of the fault giving rise
to the damages. Should the OWNER be found responsible for negligence by its own officers, directors, agents or
employees, then in that event the OWNER agrees to reimburse the ENGINEER for the reasonable attorney's fees
and costs incurred in any defense of the OWNER in an amount proportional to the fault attributed to the
OWNER. The indemnity required herein shall not be limited by reason of the specification of any particular
insurance coverage in this Agreement.
9.7.5 Should either OWNER or ENGINEER be held responsible, for any damages, costs or liabilities
resulting from intentional misconduct by any officer, director, agent or employee in connection with the work
specified in this Agreement, then in that event, that party shall indemnify and hold harmless the other as to any
damages, costs or liabilities that result from or arise out of that intentional misconduct, including reasonable
attorney's fees and costs which shall include costs and salary of the city attorney or other in-house counsel.
Further, notwithstanding the obligations set forth in paragraphs 9.7.2 and 9.7.3 above, the ENGINEER agrees to
defend OWNER where the OWNER'S alleged liability arises from intentional misconduct by the ENGINEER.
Should the OWNER be found responsible for intentional misconduct by its own officer, director, agent or
employee, then OWNER agrees to reimburse ENGINEER for the reasonable attorney's fees and costs incurred in
any defense of the OWNER.
9.7.6 The ENGINEER shall perform this agreement as an independent contractor, and as such, is responsible
to the OWNER only as to the results to be obtained in the work herein specified, and to the extent that the work
shall be done in accordance with the terms, plans and specifications. The ENGINEER shall have and maintain
complete control over all of its employees, subcontractors, agents and operations, being responsible for any
required payroll deductions and providing required benefits, such as, but not limited to worker's compensation
with statutory limits, and unemployment insurance.
9.8 INSURANCE
The ENGINEER shall secure and furnish to the OWNER certificate of insurance, therein, naming the OWNER as an
additional insured, to include thirty (30) days notice of cancellation or non-renewal.
Without limiting any of ENGINEER'S obligations hereunder, ENGINEER shall secure and maintain, until the work is
completed and accepted by the OWNER, insurance coverage naming the OWNER as additional insured with minimum
insurance coverage as follows:
Type of Coverage
Employers' Liability:
Limits
$ 100.000. per accident
General Liability:
Bodily Injury & Property Damage
Single and combined S 1.000,000. per accident
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General Aggregate:
Excess Liability Coverage fumbrella)
Automobile:
Bodily Injury covering all
automobiles, trucks,
tractors, trailers, or
other automotive equip-
ment whether owned or
rented by Engineer or
owned by employees of
Engineer.
Property Damage covering
all automobiles, trucks,
tractors, trailers or other
automotive equipment whether
owned or rented by Engineer
or owned by employees of
Engineer
OR
$ 2,000.000.
$1,000,000. each occurrence
$ 1,000.000 each person
$ 1.000,000 each occurrence
$ 100.000 each occurrence
Bodily Injury & Property
Damage Single and combined
$1,000,000 each occurrence
In addition to the above insurance coverage, the ENGINEER shall secure and maintain, until the work is completed and
accepted by the OWNER, and without naming OWNER as an additional insured, professional errors and omissions
coverage as follows:
Professional Errors & Omissions: $ 1,000,000 per claim and
aggregate each occurrence
9.9 ENDORSEMENT
The ENGINEER shall place his endorsement on all drawings and other data furnished by him.
9.10 OWNERSHIP OF DOCUMENTS
The parties admit and agree the documents produced under this agreement are not intended or represented to be suitable
for reuse by OWNER or any other individual on any other project. Any reuse without written verification or adaptation by
ENGINEER will be at OWNER'S sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER'S
independent professional associates or consultants. Files in electronic media format of text, data, graphics, or of other
types that are furnished by ENGINEER to OWNER are only for convenience of owner. Any conclusion or infonnation
obtained or derived from such electronic files will be at the user's sole risk.
9.11 PUBLIC INFORMATION
The ENGINEER shall not issue any statements, releases or information for public dissemination without prior approval of
the OWNER.
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9.12 PROPRIETARY RIGHTS
If patentable discoveries or inventions should result from work required herein, all rights accruing from such discoveries
or inventions shall be joint property of the ENGINEER and the OWNER. Provided that the OWNER, state agencies or
political subdivisions and the United States Government shall have the irrevocable, nonexclusive, nontransferable and
royalty-free license to use each invention in the manufacture, use and disposition, according to law, of any article or
material, and in the use of any method that may be developed as part of the work described and contemplated herein.
9.13 RECORDS
The ENGINEER shall maintain accounting records and other evidence pertaining to the cost incurred and to make the
records available at all reasonable times during the Contract term and for one (1) year from the date of final payment.
Such accounting records and other evidence pertaining to the cost incurred will be made available for inspections by
OWNER.
9.14 SUCCESSORS IN INTEREST
The covenants, agreements and all statements in this Contract apply to and shall be binding on the heirs, personal
representatives, successors and assigns of the respective parties.
9.15 ATTORNEY'S FEES AND COSTS
That in the event it becomes necessary for either Party of this Contract to retain an attorney to enforce any of the terms or
conditions of this Contract or to give any notice required herein, then the prevailing Party or the Party giving notice shall
be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City
Attorney.
9.16 MODIFICATIONS AND AMENDMENTS
That any aiTiendment or modification of this Contract or any provisions herein shall be made in writing or executed in the
same manner as this original document and shall after execution become a part of this Contract.
ARTICLE 10 - ENGINEER'S STATUS DURING CONSTRUCTION - NOT USED
ARTICLE 11 - DUTIES. RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE
RESIDENT PROJECT REPRESENTATIVE - NOT USED
11
327
In witness Whereof, the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN, MONTANA
BY:
(City Manager)
DATE:
ATTEST:
BY:
ENGINEER
BY: /^^/(^u^-
tincipal/Bozeman Regioh Manager)
DATE: 2.111 IIP
(City Clerk)
12
328
SANDERSON<^
STEWART»^
Exhibit A
Story Mill Road - Bridger Drive to Griffin Drive Reconstruction and Bridger/Story Mill
Intersedion Improvements
Pre-Design Scope of Work
2/5/20
Sanderson Stewart is pleased to provide this scope of work for pre-design services for the Story Mill Road
Reconstruction project. These services will include a traffic impact study, evaluation of alternatives (signal vs.
roundabout), topographic survey, preliminary stormwater analysis, concept-level design of improvements,
opiiiions of probable cost, identification of public and private utility conflicts, and preliminary right-of-way
review. It wiU conclude with a pre-design report and presentation to the City Commission. A detailed scope
of services for these pre-design tasks is outlined as foUows.
Phase 1 - Project Initiation
This phase of the project will include aU project initiation and planning tasks, including scoping, contract
preparation, meetings with the City of Bozeman and coordination with sub-consultants. AU project
management tasks, client meetings and subconsultant coordination for tasks beyond project initiation will be
allocated to the remaining project phases.
Phase 2 - Traffic Data CoUection
Traffic data collection wiU consist of average daily traffic (ADT) counts, as weU as AM and PM peak hour
turning movement counts at the Story Mill Rd/Bridger Dr intersection. Traffic data will be collected using
Miovision Scout video counters. The inidal processing of the data will consist of a 48-hour duration to establish
average weekday daily traffic volumes and Saturday (ski-day) volumes on the approach legs and provide 4-hour
and 8-hour volumes for signal warrant analysis. Data processing will include a breakdown of trucks, bicycles
and pedestoriaas, as well as directional distribution. Video data wUl be stored throughout the duration of the
project in case additional processing is needed.
Phase 3 - Traffic Impact Study CTISt
The traffic impact smdy analysis wiU include a projection of design year (20-year) traffic volume projections,
including background growth and known developments, and capacity analysis for the study intersection. A
complete evaluation of a traffic signal vs. roundabout will be conducted for the Bridger Drive intersection
based on design year volumes, and a traffic signal warrant analysis will also be performed. The Griffin Drive
intersection wiU not be evaluated for traffic control improvements beyond the existing stop-control.
This phase will also include review and analysis of crash data for the past 3 years, corridor traffic simuladon for
both peak periods using either Synchro or Vissim (both based on the Highway Capacity Manual), and evaluation
of bike and pedestrian accommodations along and across the corridor. Crash data wiU be requested from the
City ofBozemaa Police Department and MDT for the endre corridor. It is assumed that the City ofBozeman
wiU provide copies of traffic impact studies prepared for area developments.
329
The TIS findings, including all tables and figures necessary to summarize the various analysis tasks and
recommended improvements, wiU be incorporated into the pre-design report.
Phase 4 - Topographic Survey
A detailed topographic survey of the Story Mill Road corridor will be conducted from Bridget Drive to Griffin
Drive using a combination of GPS, scanning and total station techniques. The survey area on the north end
wiU begin at the intersection of Story MiU Rd and Bridger Dr and will include approximately 500-feet along the
west, north and east legs of the intersection. The survey area will finish on the south end of Story Mill at the
south leg of the Griffin Drive intersection. Suryey tasks wiU include compilation of all plats and certificates of
survey along the corridor. A corner search to establish right-of-way will be conducted, but a complete boundary
survey is not included. Up to 24 hours of field time will be spent searching for property corners. Additional
pre-survey research wiU be conducted as required, utility locates will be requested, and survey control will be
set by Sanderson Stewart with monuments at a minimum spacing of 0.25 miles. A preliminary right-of-way
exhibit wiU be prepared to identify the parcels that wiU require right-of-way acquisition to get to the desired 90-
foot right-of-way. Additional survey needed after the winter wiU be picked up in the Spring.
Sanderson Stewart will assemble and review existing as-built drawings for the corridor as available from the
City of Bozeman, MDT, and private utilities. Base drawings wiU be prepared in Autocad format following the
completion of the topographic suryey, and additional pick-up topo wiU be conducted as needed throughout the
duration of the project. Public and private utilities will be located prior to the survey via one-call for inclusion
in base drawings. This phase also includes traffic control needed for the completion of survey tasks.
Phase 5 — Preliminary Stormwater Analysis
This task will include a cursory review of existing stormwater infrastmcture, preliminary stromwater
calculations, and identification ofpotendal detention pond locations. Potential problem areas will be identified,
but the sizing of stormwater infrastructure wiU be completed with a future phase of the project. Sandersoa
Stewart will coordinate with the City Stormwater Management Department as needed and will ensure
conformance with the City's Stormwater Facilides Plan.
Phase 6 - Conceptual Desifi^n
Design concepts at this phase of the project will consist of geometries and lane configurations for a signalized
and roundabout alternative for the Bridger Drive intersection. The Story MiU Road design concept is
anticipated to include a two-lane roadway with bike lanes, on-street parking, curb and gutter, and sidewalks or
shared-use paths. Options for paving the existing pathway on the west side of the roadway will be considered
during the concept design phase. Only limited improvements are anticipated at the Griffin Drive intersecdon
using the existing stop control. Concept drawings will be prepared in plan view only. The following design
tasks wiU not be completed at this phase of the project: corridor lighting, detailed intersection design, wet and
dry utilides, grading, cross-sectioas, stormwater facilities.
Potential right-of-way impacts will be idendfied for each alternative. This phase wiU include coordination with
the City's right-of-way consultant as necessary for a preliminary review of right-of-way constraints. Potential
conflicts with private udUdes will also be identified during the concept design phase and the plans wiU be
330
provided to the utility companies for coordination. It is not andcipated that any major relocations will be
needed. Tasks include correspondence with private utility companies, but meetings are not anticipated.
The deliverable for this phase of the project will include 11x17 plan drawings incorporating the base
topographic survey and proposed improvements overlaid on an aerial image. Opinions of probable cost will
be prepared for improvements considered in the conceptual design.
Sanderson Stewart wiU provide coordination with the Montana Department of Transportation (IvIDT)
throughout the development of the concept design. Contact will be made early in the process to make them
aware of the project and Sanderson Stewart wiU also facilitate submittals of the concept design and pre-design
report.
Phase 7 - Pre-Design Report
The findings from phases 1-6 wiJi be summarized and documented through the preparation of a detailed pre-
design report. This report -will be a bound report including traffic analysis results, concept level design drawings,
opinions of probable cost and recommended improvements. A draft report will be prepared for review by the
City of Bozeman and MDT, and the report will then be finalized following receipt of review comments and
City Commission decision on design alternatives. The final deliverable will consist of three bound hard copies
of the final report and an electronic copy in pdf format.
Phase 8 - City Commission Presentation
Upon review and approval of the pre-design report by City staff and MDT, Sanderson Stewart wiU prepare a
presentation for the City Commission that wiU include design alternatives for intersection improvements and
any other high-level design decisions that will require Commission consideration before proceeding with the
next phase of the design process.
Schedule
The anticipated schedule for this phase of the project consists of a pre-design report deliverable and
Commission presentadon within 3 months ofnodce to proceed.
331
Story Mill Reconstruction - Pre-Design Services SANDERSONi
STEWART'S1
I
Plan Name: Story Mill Reconstruction - Pre-Design Services
Task: Client Consultation & Meetings
Task: Project Scoping
jSenior Engineer II
I Project Engineer II
ISenior Engineer II
1.00| 170.00
Task: Project Planning
4.00
4.00:
480.00
680.00
Administrator
] Senior Professional Land Surveyor
1.00
1.00
Total for Project Initiation
1.00
12.00
75.00
120.00J
135.00i
1,660.001
!
'nase: iranic uaia uoiiectioi
I Task: Project Mgmt & Coordination
ITask: Traffic Data Collection
I Task: Compile/Process Count Data
|Task: Count Data Summary Figures
ISub-Total for Traffic Data Collection
[Expenses (Miovision)
iTotal for Traffic Data Collection
|^§gsgTra@c Impact Studs^aa.^,^^
I Task: Project Mgmt & Coordination
I Project Engineer II 1.00J y 120^00J
1.00 120.00
3.00 285.001
4.00 380.00
ierll
IStaff Engineer I 3.00|
12.00
285.00;
1,190.00;
1,620.00|
2,810.00J
Task: City Consultation & Meetings
Task: Traffic Volume Projections
Project Engineer II
Senior Engineer II
4.00
4.00
J80.00J
680.00;
Project Engineer II
Senior Engineer II
2.00
2.00
Task: Evaluate Signal vs. Roundabout
Project Engineer II
Senior Engineer II
Task: Evaluate Bike/Ped Accommodations
8.00
4.001
960.00
680.00
Task: QC Review
Total for Traffic Impact Study
Project Engineer II
leer I
-^-4
...2-001.
Senior Engineer II
2.bol
.!'OOL.-
63.00
240.00
190.00
370.00
170.00
8,060.00
fe'base: ToDographic Survey
Task: Project Mgmt & Coordination
Task: Pre-Survey Preparation & Research
Task: Survey Computation
Task: Survey Control
(Project Engineer N
[Senior Professional Land Surveyor
[Senior Professional Land Surveyor
[Senior Professional Land Surveyor
! Senior Professional Land Surveyor
JStaf^Surveyor II
io^_J___2wso
10.00] ] 1,350.00^
4.00]
8.00|
540.00
1,080.00
1.00 135.00
4.00i | 400.00
Task: Boundary Survey
Task: Topographic Survey
Task: Draft Topo & Base Plan
I Staff Surveyor II
I Staff Surveyor II
I:
Staff Surveyor II
24^)6rTZAOCLOO}
80.00| 8,000.00
Task: QC Review
24.00] 2,280.001
8.00[ | 800.00
[Senior Professional Land Surveyor
[Total for Topographic Survey
[Expenses (Survey Equipment)
|Total for Topographic Survey
ise. Conceptual Design
|Task: Project Mgmt & Coordination
Senior ^ool 290.00
Senior Engineer I 4.00t 580.001
Staff Engineer II 12.00 l._J 1,260.00
18.00 2,130.00
Phase: Pre-Design Report
Principal
Senior Engineer II
Total for Conceptual Design
4.00,1
-4:°i
126.00
740.001
680.001
17,080.00 i
[Phase: PrSiiril
Task: Project Mgmt & Coordination
Task: Stormwater Analysis & Report Writing
Total for Preliminary Stormwater Analysis
Task: Project Mgmt & Coordination
Project Engineer II
Senior Engineer II
-uio!
2.00
Task: Client Consultation & Meetings
Task: Draft Report
Project Engineer II
|Senipr_Engineer«
I Project Administratoi^
ierll
[Senior Engineer II
I
1.00
1.00
480.00i
340.00]
120.00[
170.001
2^00j
12.00
4.00
{
16.00]
150.00;
1,440.001
680.001
1,520.00|
Task: Final Report
8.00,1
4.00
960.001
680.00]
Task: Report Exhibits
I Staff Engineer I 4.00 380.001
ITask: QC Review
I Total for Pre-Design Report
I
i
ise: City Commission Presentati<
|Task: Project Mgmt & Coordination
|Task: City Consultation & Meetings
|Task: Presentation Prep
Principal 2.00|
60.00
-L.J
370.00]
7,290.00|
Senior Engineer II 2.00| 340.00)
ier II 2.00 ~J~~ 340^0"0.I
""'I
Clerical/Admin
I Graphic Artist
Project Engineer II
|Senior Engineer II
Total for City Commission Presentation
Total for Story Mill Reconstruction - Pre-Design Services
4.00
4.00
8.00
8.00
28.00
488.00
280.00;
380.001
960.00i
1,360.00!
3,660.00!
63,455.00]
334
4.00|
169.00
540.00i
17,765.001
3,000.00;
20,765.00|
^^
ict Engineer II
Senior Engineer II
8.00]
4.00;
960.00;
680.00i
Task: Client Consultation & Meetings
Task: Conceptual Intersection/Road Design
I Project Engineer II
I Senior Engineer II
JProjed Engineer II
I Senior Designer I
|Senior Engineer II
2.00;
2.00
240.001
20.00r
24.00
40.00;
L
340.00J
2,400.00!
2,280.00!
6,800.00|
Task: Conceptual Cost Estimating
Project Engineer II
Senior Engineer II
Staff Engineer I
4.00
2.00
12.00
480.001
I
340.00;
1,140.00
Task: QC Review
333
240.00
340.00
project Engineer II
Staff Engineer I
^.ooj
4.00|
240.00i
380.00;
{
Task: Traffic Analysis
project Engineer II
4.00,
4.00
8.00
J
660.00]
480.00i
950.00i
Task: Signal Warrant Analysis
I Staff Engineer I 4.00] 380.00
Task: Crash Data Analysis
Project Engineer II
Staff Engineer I
2.00:
4.00;
240.00
380.00
I
332