HomeMy WebLinkAbout20- Professional Services Agreement - Sanderson Stewart - Engineering Services - Bridger Drive to Griffin Drive Reconstruction and Bridger Drive-Story Mill Intersection Improvements PROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made as of �uar y Dt')�90 , 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 engineering
services for the project.
Whereas the ENGINEER represents that it is willing and qualified to perform the professional engineering services
for this project described in this Agreement.
Therefore, in consideration of the foregoing recitals and the mutual covenants and conditions contained herein, the
parties agree as follows:
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 Principal-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 ENGINEER shall render professional Engineering Services as follows:
4.1 PRE-DESIGN INVESTIGATION PHASE
After written authorization to proceed,ENGINEER shall:
4.1.1 Consult with OWNER to clarify and define OWNER's requirements for the Project and review
available data.
4.1.2 Advise OWNER as to the necessity of OWNER's providing or obtaining from others, data or services
and assist OWNER in obtaining such data or services.
4.1.3 Identify and analyze requirements of governmental authorities having jurisdiction to approve the design
of the Project and participate in consultations with such authorities.
4.1.4. Provide analyses of OWNER's needs, planning surveys, site evaluations and comparative studies of
prospective sites and solutions.
4.1.5. Provide a general economic analysis of OWNER's requirements applicable to various alternatives.
4.1.6 Assist in foFmation of Special improvement Distriets (SID) by preparing district boundar-y
descriptions and maps,preparing a property owner's and assessments role lists including prejeet assessment
costs based on the preliminary project cost estimates, and providing technical information at SID p
hearings,if applicable.
4.1.7. Prepare a Report containing schematic layouts, sketches and conceptual design criteria with
appropriate exhibits to indicate clearly the considerations involved (including applicable requirements of
governmental authorities having jurisdiction as aforesaid) and the alternative solutions available to
OWNER and setting forth ENGINEER's findings and recommendations. This Report will be accompanied
by ENGINEER's opinion of probable costs for the Project,including the following which will be separately
itemized: Construction Cost, allowance for engineering costs and contingencies, and (on the basis of
information furnished by OWNER) allowances for such other items as charges of all other professionals
and consultants, for the cost of land and rights-of-way, for compensation for or damages to properties, for
interest and financing charges and for other services to be provided by others for Owner. The total of all
such costs,allowance,etc.are hereinafter called"Total Project Costs".
4.1.8. Furnish 3 copies and an electronic copy of the Study and Report documents and review them in
person with OWNER.
The Pre-design Investigation Phase will be completed and submitted within 90 calendar days following written
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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 substitutions proposed by Contractor(s); services after the award of each contract in evaluating and
determining the acceptability of an unreasonable or excessive number of substitutions proposed by Contractor;
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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.
Consty-uration and project doraumeiAatien sefviees performed as Basir.Engineering SeFviecs under seetions 4.4 thfough 4.7
ineluding Qenera4 Administration of Construction Contract,Resident Pfeject Representation,Prejeet Desumentation,and
n t t' Testing,shallcompensated
h in accor-dance with the f llowingi
6.11 The OMITWiR shall pay for Construetion Phase and Pr-Ejeet Doeumentation Services an amount n"
exceed exeept as provided under 6.2.1.2 and_6_2-.4_
6.2.1.1 Costs G cnsafien3 Compensation for these services shall be based on the AN/'_TT.TEER's
Direet Labor Cost tifnes a farater of &F serviees r-endered which shall cover Direet e
Di t Labor-Overhead,general R A d h .1 „d D t:t
•oct aat'�c O v c ua a s roar
--tion Phase and Project Doetimen4ation Seivices rendered under this Agreement-Arill exceed th
negotiated eompensation for-these 6.21.1.2 Notification. At any time during the eonstruction that it beeemes apparent fliat the
and pFier to per-forming ser-yiees in eyeess of the eantract
Goilifig,the ENCANEER shall give OWNER wriffen notice thereof Promptly ther-eafteF OlAq4ER
ENGINEER shall review the scope and progmss of the project work. ENGINEER shall obtain written
authorization from WW49R,prior-to any additional costs being incur-red under paragraph 6.2.1.3. if it
is determined-that due,to a change in prejest scope under paragraph 5.2.1,the ENGPMER is entitled to
additional t' OM11 E and ENGINEER m negotiate � .1' d Under 6.2.1.1
comr
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The amount and ter-tns of any additional compensation under 6.2.1.1 er 6.2.1.3 shall be negotiated an
agreed: r:t:.,g pursuant t.._9 16.
Costs Exceedine Estimated Compensation. E icocpt as u11, under ed 5.2.1, .when the total . sthe estimated compensation. These eests consist of an amount equal to the of the original scope Constmetion Phase and Pr-qjeet Doeumentation Sen,ices emeeeds the negotiated
ENGINEER'Scompensation for these servioes, the OWNER shall pE�y only fer the direet Bests inewred in exeess of
Cost times a faeter of for ser-vioes rendered whirah shall include Direct x
audited payroll Dir-ed Labor the fedeFally
and General & Administrative Over-head costs, but shall
include any allowanee for profit.
6.9-9. -Reimbursable Exvem§�,as defined in seetion 7.4 ef this Agreement, fer Basio Sen,iees and AppreN
Additional SepAees shall be paid to the E-*NGH4EER by the OWNER in the astUal affiOuflt Of the 68stS inrl-ri-t-d
up to an amount not to exceed$ whish includes$ -for eensultants employed by4he
Engineer and$ for-all other r .abursable expenses. The es4m ted re...l...rsable e ..,re
identified in E)diibit" it.
Failed Test Expenses. The ENGINEER shall maintain and provide to the O\WIER, a Ferord o ai,e
costs associated with failing quality eentrol tests peFfer-filed for the 03AENER during the GOUFse ef the
of the project and reoommend an amount the OWNER deduct frem the 00HtFaGt0F(S)Payfneffl
6.2.4 The OWNER shall pay an amount for Additional Services rendered by the ENGINEER and approved
in writing by the OWNER on the basis of the ENGINEER'S Direct Labor Costs times a factor of 3_0, or an
amount otherwise negotiated at the time such services are requested and approved by the OWNER.
ARTICLE 7-MEANING OF TERMS
7.1 AGREEMENT
As used herein the term "this Agreement" refers to the contents of this document and its Exhibits attached hereto and
referred to as if they were part of one and the same document.
7.2 CONSTRUCTION COSTS
The construction cost of the entire Project(herein referred to as "Construction Cost")means the total cost to OWNER of
those portions of the entire Project designed and specified by ENGINEER, but it will not include ENGINEER's
compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, properties unless this
Agreement so specifies, nor will it include OWNER's legal, accounting, insurance counseling or auditing services, or
interest and financing charges incurred in connection with the Project or the cost of other services to be provided by others
to OWNER.
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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Senior Engineer II $51.31/hour
Senior Engineer I $43.30/hour
Project Engineer II $36.78/hour
Project 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
7.4 REIMBURSABLE EXPENSES
Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's independent professional
associates or consultants directly in connection with the Project, such as expenses for: transportation and subsistence
incidental thereto; obtaining bids or proposals from Contractor(s); subsistence and transportation of Resident Project
Representatives and their assistants;toll telephone calls and telegrams;reproduction of reports,Drawings, Specifications,
Bidding Documents and similar Project-related items; and if authorized in advance by OWNER,overtime work requiring
higher than regular rates. In addition,when compensation for Basic Services is on the basis of Direct Labor Costs method
of payment,Reimbursable Expenses will also include the amount billed to ENGINEER by special consultants employed
by ENGINEER and authorized by OWNER (other than as an authorized Additional Services) and will also include
expenses incurred for computer time and other specialized equipment, including an appropriate charge for previously
established programs and expenses of photographic production techniques.
ARTICLE 8-PAYMENT PROVISIONS
8.1 TIMES OF PAYMENTS. ENGINEER may submit monthly statements for Basic Services and approved
Additional Services rendered and for Reimbursable Expenses incurred; however, payments shall not exceed the ceilings
provided in 6.1 and 6.2. Final payment shall be made only after acceptance of the project by the OWNER. If OWNER
disputes the amount of the billing, OWNER will notify the ENGINEER in writing within ten (10) calendar days of the
receipt of bill of the dispute.
8.2 REQUESTS FOR PAYMENT. Each request for payment shall include a documentation summary of the
period incremental man hours incurred,direct labor rates and billed rates,detail of reimbursable costs,total period billing,
and total cumulative billing. When requested by OWNER services for distinct project segments shall be accounted and
billed separately.
8.3 PAYMENT UNDER TERMINATION. In the event of termination by the OWNER upon the completion of any
phase of the Basic Services,progress payments due ENGINEER for services rendered through such phase shall constitute
total payment for such services. In the event of such termination by OWNER during any phase of the Basic Services,
ENGINEER also will be reimbursed for the charges of pre-approved independent professional associates and consultants
employed by ENGINEER to render Basic Services, and paid for services rendered during that phase on the basis of the
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 of final payment.
9.3 EMPLOYMENT
The ENGINEER warrants that he has not employed or retained any company or persons,other than a bona fide employee,
working solely for the ENGINEER, to solicit to secure this contract, and that he has not paid or agreed to pay any
company or person,other than bona fide employees working solely for the ENGINEER,any fee,commission,percentage,
brokerage fee, gifts or any other considerations contingent upon or resulting from the award or making of this Contract.
For breach or violation of this warranty,the OWNER shall have the right to annul the Contract without liability or in its
discretion to deduct from the price or consideration or otherwise recover the full amount of such fee, commission,
percentage,brokerage fee,gift or contingent fee.
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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 refuse employment to a person,bar a person from employment,or discriminate against a person
in compensation or in a term,condition,or privilege of employment because of race,color,religion,creed,political ideas,
sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental
disability,except when the reasonable demands of the position require an age,physical or mental disability,marital status
or sex distinction.
The ENGINEER shall be subject to and comply with Title VI of the Civil Rights Act of 1964;Section 140,Title 2,United
States Code,and all regulations promulgated thereunder.
The ENGINEER shall require these nondiscrimination terms of its sub-consultants providing services under this
agreement.
9.5 SUBLETTING OR ASSIGNING OF WORK
The ENGINEER shall not sublet or assign any of the work covered herein without prior written approval of the OWNER.
9.6 STANDARD OF CARE
In providing services under this agreement,the ENGINEER will perform in a manner consistent with the degree of care
and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any
service should be found to be not in conformance with this standard,the ENGINEER shall, at the OWNER'S request,re-
perform the service at its own expense. Engineer shall also, at its own expense, make such changes, modifications or
additions to the project which are made necessary as a result of the initial non-performance or the re-performance of
services. The OWNER's rights herein are in addition to any other remedies the OWNER may have under the law.
9.7 LEGAL RELATIONS:
9.7.1 The ENGINEER shall, consistent with the standard care, comply with those Federal, State, and Local
laws and ordinances applicable to the work to be done.
9.7.2 The ENGINEER agrees to defend, indemnify and hold harmless the OWNER, its officers, directors,
agents and employees from and against any suit,cause of action,claim,cost,expenses,obligation and liability of
any character, including attorney's fees, which is brought or asserted for any bodily injury, death, or physical
damage to property received or sustained by any person, persons,property,business or any other entity, arising
out of or resulting from,or in connection with the ENGINEER'S negligent performance of the work specified in
this agreement.
9.7.3. The ENGINEER agrees to defend, indemnify and hold harmless the OWNER, its officers, directors,
agents and employees, should OWNER, its officers, directors, agents or employees be named as a defendant in
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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 Limits
Employers'Liability: 100 000.per accident
General Liability:
Bodily Injury&Property Damage
Single and combined $ 1,000,000.per accident
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General Aggregate: $2,000,000.
Excess Liability Coverage(umbrella) $1,000,000.each occurrence
Automobile:
Bodily Injury covering all $ 1,000,000 each person
automobiles,trucks,
tractors,trailers,or $ 1,000,000 each occurrence
other automotive equip-
ment whether owned or
rented by Engineer or
owned by employees of
Engineer.
Property Damage covering $ 100,000 each occurrence
all automobiles,trucks,
tractors,trailers or other
automotive equipment whether
owned or rented by Engineer
or owned by employees of
Engineer
OR
Bodily Injury&Property $1,000,000 each occurrence
Damage Single and combined
In addition to the above insurance coverage, the ENGINEER shall secure and maintain, until the work is completed and
accepted by the OWNER, and without naming OWNER as an additional insured, professional errors and omissions
coverage as follows:
Professional Errors&Omissions: $ 1,000,000 per claim and
aggregate each occurrence
9.9 ENDORSEMENT
The ENGINEER shall place his endorsement on all drawings and other data f inlislied 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 information
obtained or derived from such electronic files will be at the user's sole risk.
9.11 PUBLIC INFORMATION
The ENGINEER shall not issue any statements,releases or information for public dissemination without prior approval of
the OWNER.
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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 amendment or modification of this Contract or any provisions herein shall be made in writing or executed in the
same manner as this original document and shall after execution become a part of this Contract.
ARTICLE 10-ENGINEER'S STATUS DURING CONSTRUCTION—NOT USED
ARTICLE 11 - DUTIES RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE
RESIDENT PROJECT REPRESENTATIVE—NOT USED
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In witness Whereof,the Parties hereto do make and execute this Agreement.
CITY BOZEMAN,MONTANA ENGINEER
r c
BY: ��"�' BY: 41
'ty Manager) incipal/Bo=an RFegi2 Manager)
DATE: DATE: ZI11 1 ZQ
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SANDERSONt�
STEWART +4
Exhibit A
Story Mill Road — Bridger Drive to Griffin Drive Reconstruction and Bridger/Story Mill
Intersection 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,
opinions of probable cost, identification of public and private utility conflicts, and preliminary right-of-way
review. It will conclude with a pre-design report and presentation to the City Commission. A detailed scope
of services for these pre-design tasks is outlined as follows.
Phase 1-Project Initiation
This phase of the project will include all project initiation and planning tasks, including scoping, contract
preparation, meetings with the City of Bozeman and coordination with sub-consultants. All project
management tasks, client meetings and subconsultant coordination for tasks beyond project initiation will be
allocated to the remaining project phases.
Phase 2-Traffic Data Collection
Traffic data collection will consist of average daily traffic (ADT) counts, as well 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 initial 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 pedestrians, as well as directional distribution. Video data will be stored throughout the duration of the
project in case additional processing is needed.
Phase 3-Traffic Impact Study(TIS)
The traffic impact study analysis will 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 will 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 simulation 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 will be requested from the
City of Bozeman Police Department and MDT for the entire corridor. It is assumed that the City of Bozeman
will provide copies of traffic impact studies prepared for area developments.
The TIS findings, including all tables and figures necessary to summarize the various analysis tasks and
recommended improvements,will 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 Bridger Drive to Griffin
Drive using a combination of GPS, scanning and total station techniques. The survey area on the north end
will begin at the intersection of Story Mill Rd and Bridget 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. Survey tasks will 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 will 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 will be prepared to identify the parcels that will require right-of-way acquisition to get to the desired 90-
foot right-of-way. Additional survey needed after the winter will 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 will be prepared in Autocad format following the
completion of the topographic survey,and additional pick-up topo will be conducted as needed throughout the
duration of the project. Public and private utilities will be located prior to the survey via one-call for inclusion
in 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 infrastructure, preliminary stromwater
calculations,and identification of potential detention pond locations. Potential problem areas will be identified,
but the sizing of stormwater infrastructure will be completed with a future phase of the project. Sanderson
Stewart will coordinate with the City Stormwater Management Department as needed and will ensure
conformance with the City's Stormwater Facilities Plan.
Phase 6- Conceptual Design
Design concepts at this phase of the project will consist of geometrics and lane configurations for a signalized
and roundabout alternative for the Bridget Drive intersection. The Story Mill 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 intersection
using the existing stop control. Concept drawings will be prepared in plan view only. The following design
tasks will not be completed at this phase of the project: corridor lighting,detailed intersection design,wet and
dry utilities,grading,cross-sections,stormwater facilities.
Potential right-of-way impacts will be identified for each alternative. This phase will 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 utilities will also be identified during the concept design phase and the plans will be
provided to the utility companies for coordination. It is not anticipated 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 will provide coordination with the Montana Department of Transportation (MDT)
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 will also facilitate submittals of the concept design and pre-design
report.
Phase 7-Pre-Design Report
The findings from phases 1-6 will 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 Nvill prepare a
presentation for the City Commission that will include design alternatives for intersection improvements and
any other high-level design decisions that will require Commission consideration before proceeding with the
next phase of the design process.
Schedule
The anticipated schedule for this phase of the project consists of a pre-design report deliverable and
Commission presentation within 3 months of notice to proceed.
10
Story Mill Reconstruction - Pre-Design Services S A N D E R S O N
STEWART 40
Plan Name:Story Mill Reconstruction-Pre-Design Services
Task:Client Consultation&Meetings
Senior Engineer II 1.00 1 170.00
Task:Project Scoping
Project Engineer II 4.00 480.00
Senior Engineer II 4.001 1 680.00
Task:Project Planning
Project Administrator 1.00 75.00
Project Engineer II 1.00 120.00
Senior Professional Land Surveyor 1.00 135.00
Total for Project Initiation 12.00 1,660.00
" a .Traffic Data Collection
Task:Project Mgmt&Coordination
Project Engineer II 1.00 120.00
Task:Traffic Data Collection
Project Engineer II 1.00 120.00
Staff Engineer 1 3.001 1 285.00
Task:Compile/Process Count Data
Staff Engineer 1 4.00 380.00
Task:Count Data Summary Figures
Staff Engineer I 3.00 285.00
Sub-Total for Traffic Data Collection 12.00 1,190.00
Expenses(Miovision) 1,620.00
Total for Traffic Data Collection 2,810.00
'c lm a d
Task:Project Mgmt&Coordination
Project Engineer II 4.00 480.00
Senior Engineer II 4.00 680.00
Task:City Consultation&Meetings
Project Engineer II 2.00 1 240.00
Senior Engineer II 1 2.00 1 340.00
Task:Traffic Volume Projections
Project Engineer II 2.00 240.00
Staff Engineer I 1 4.00 1 380.00
Task:Traffic Analysis
Project Engineer 1 4.00 660.00
Project Engineer II 4.00 480.00
Staff Engineer 1 8.00 950.00
Task:Signal Warrant Analysis
Staff Engineer I 1 4.00 1 380.00
Task:Crash Data Analysis
Project Engineer II 1 2.00 1 240.00
Staff Engineer 1 1 4.00 1 380.00
Task:Evaluate Signal vs.Roundabout
Project Engineer II 8.00 1 960.00
Senior Engineer II 4.001 1 680.00
Task:Evaluate Bike/Ped Accommodations
Project Engineer II .001 1 240.00
Staff Engineer I 1 2.001 1 190.00
Task:QC Review
Principal 2.00 370.00
Senior Engineer II 1.001 170.00
Total for Traffic Impact Study 63.00 8,060.00
Phase:Topographic Survey
Task:Project Mgmt&Coordination
Project Engineer II 2.001 1 240.00
Senior Professional Land Surveyor 10.001 1 1,350.00
Task:Pre-Survey Preparation&Research
Senior Professional Land Surveyor 1 4.001 1 540.00
Task:Survey Computation
Senior Professional Land Surveyor 1 8.00 1,080.00
Task:Survey Control
Senior Professional Land Surveyor 1 1.001 1 135.00
Staff Surveyor II 1 4.001 1 400.00
Task:Boundary Survey
Staff Surveyor II 1 24.00 1 2,400.00
Task:Topographic Survey
Staff Surveyor II 1 80.00 1 8,000.00
Task:Draft Topo&Base Plan
Senior Designer I 24.00 1 2,280.00
Staff Surveyor II 1 8.001 1 800.00
Task:QC Review
Senior Professional Land Surveyor 4.001 1 540.00
Total for Topographic Survey 169.00 17,765.00
Expenses(Survey Equipment) 3,000.00
Total for Topographic Survey 20,765.00
Task:Project Mgmt&Coordination
Project Engineer II 8.00 960.00
Senior Engineer II 4.00 1 680.00
Task:Client Consultation&Meetings
Project Engineer II 2.00 240.00
Senior Engineer II 2.001 340.00
Task:Conceptual Intersection/Road Design
Project Engineer II 20.00 2,400.00
Senior Designer 1 24.00 2,280.00
Senior Engineer II 40.00 6,800.00
Task:Conceptual Cost Estimating
Project Engineer II 4.00 480.00
Senior Engineer II 2.00 340.00
Staff Engineer 1 12.00 1,140.00
Task:QC Review
Principal 4.00 740.00
Senior Engineer II 4.001 1 680.00
Total for Conceptual Design 126.00 17,080.00
nalysis
Task:Project Mgmt&Coordination
Senior Engineer I I 2.00 290.00
Task:Stormwater Analysis&Report Writing
Senior Engineer I 4 580.00
Staff Engineer II LE!.00
.00 1,260.00Total for Preliminary Stormwater Analysis .00 2,130.00
ase:Pre-Design Repo
Task:Project Mgmt&Coordination
Project Engineer II 1 4.001 480.00
Senior Engineer II 2.001 340.00
Task:Client Consultation&Meetings
Project Engineer II 1.00 120.00
Senior Engineer II1 1.001 170.00
Task:Draft Report
Project Administrator 2.00 150.00
Project Engineer II 12.00 1,440.00
Senior Engineer II 4.00 680.00
Staff Engineer 1 16.00 1,520.00
Task:Final Report
Project Engineer II 1 8.001:1 960.00
Senior Engineer II 1 4.001 1 680.00
Task:Report Exhibits
Staff Engineer 1 4.00 380.00
Task:QC Review
Principal 1 2.001 1 370.00
Total for Pre-Design Report 1 60.00 7,290.00
ase:City Commission Presentation
Task:Project Mgmt&Coordination
Senior Engineer II 1 2.001 1 340.00
Task:City Consultation&Meetings
Senior Engineer II 2.001 1 340.00
Task:Presentation Prep
Clerical/Adman 4.00 280.00
Graphic Artist 4.00 380.00
Project Engineer 11 8.00 960.00
Senior Engineer II 8.00 1,360.00
Total for City Commission Presentation 28.00 3,660.00
Total for Story Mill Reconstruction-Pre-Design Services 488.001 63,455.00