HomeMy WebLinkAbout12-08-20 City Commission Packet Materials - C4. PSA w KLJ Eng for Aspen St Ped Bridge
Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Mike Veselik, Economic Development Specialist David Fine, Urban Renewal Program Manager SUBJECT: Authorize the City Manager to Sign the Professional Services Agreement with KLJ Engineering for the design of the Aspen Street Pedestrian Bridge
MEETING DATE: December 8, 2020 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the City Manager to Sign the Professional Services Agreement with KLJ Engineering for completion of the design of the Aspen Street Pedestrian Bridge in the Northeast Urban Renewal District
BACKGROUND: The Fiscal Year 2021 work plan for the Northeast Urban Renewal District includes money to complete the design of the Aspen Street Pedestrian Bridge. The bridge has been a priority of the neighborhood since the Fiscal Year 2011 work plan. However, for many years, the district did not have adequate funds to complete the project. KLJ engineering has already done significant work on the design elements of the bridge during past work plans. This professional services agreement would allow KLJ Engineering to complete the design phase of the project. After the design is complete, the Northeast Urban Renewal Board can decide whether to solicit bids for construction of the Aspen Street Pedestrian Bridge. The Aspen Street Pedestrian Bridge would improve non-motorized vehicle connectivity in the neighborhood and further encourage bike and pedestrian traffic in the neighborhood.
FISCAL EFFECTS: Design work on the bridge would cost $ 12,380 for surveying the area and completing the bridge design. An additional $2,525 are allocated to begin the
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environmental permitting process for the bridge to facilitate the possibility of bid solicitation in the future. The Northeast Urban Renewal District Tax Increment Fund is the source of funding for this project.
ATTACHMENTS: 1. Professional Services Agreement with KLJ Engineering. 2. Exhibit A Scope of Work 3. Letter from KLJ Engineering 4. Bridge Design Drawings LINKS: FY2021 Work Plan for Northeast Urban Renewal District
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, _KLJ Engineering__, _1982 Stadium Drive, Suite 3,
Bozeman, MT 59715, hereinafter referred to as “Contractor.” The City and Contractor may be
referred to individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date unless
earlier terminated in accordance with this Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor $12,380 for a field survey and engineering
design of the Aspen Street pedestrian bridge and $2,525 for environmental permitting as described in
the scope of services. Any alteration or deviation from the described services that involves additional
costs above the Agreement amount will be performed by Contractor after written request by the City,
and will become an additional charge over and above the amount listed. The City must agree in
writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
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a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
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Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
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this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
• Workers’ Compensation – statutory;
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on both the Commercial General
and Automobile Liability policies. The insurance and required endorsements must be in a form
suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal.
Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any
required insurance coverage will be terminated or Contractor’s decision to terminate any required
insurance coverage for any reason.
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The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
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in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be _Mike Veselik, Economic Development Specialist__ or such other
individual as City shall designate in writing. Whenever approval or authorization from or
communication or submission to City is required by this Agreement, such communication or
submission shall be directed to the City’s Representative and approvals or authorizations shall
be issued only by such Representative; provided, however, that in exigent circumstances when
City’s Representative is not available, Contractor may direct its communication or submission
to other designated City personnel or agents as designated by the City in writing and may
receive approvals or authorization from such persons.
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b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be _Shane Strong, Project Manager__ or such other individual
as Contractor shall designate in writing. Whenever direction to or communication with
Contractor is required by this Agreement, such direction or communication shall be directed
to Contractor’s Representative; provided, however, that in exigent circumstances when
Contractor’s Representative is not available, City may direct its direction or communication
to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
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require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
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compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
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balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
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Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Exhibit A
Aspen Street Pedestrian Bridge
Engineer’s Scope of Services
The Project is located within existing R/W of E. Aspen St. between the intersection of N.
Rouse Ave. and the existing gravel trail along the east side of Bozeman Creek. The Project
includes completing design of a pre-engineered steel pedestrian bridge structure with
reinforced concrete abutment foundation walls from current status, as depicted in the
attached structural plans dated May 2, 2017. The Project also includes extension of a
Bozeman standard concrete sidewalk section to connect pedestrian access from the new
bridge to the intersection of N. Rouse Ave.
Engineer is to provide the following services, related to the various phases of the project as
listed:
BASE SCOPE - $12,380
Field Survey:
o Pick-up field survey to include current cross sections of Bozeman Creek in
the Project vicinity, confirm/locate existing R/W along north side of E.
Aspen St., constructed N. Rouse Ave. pedestrian facility improvements at
northeast corner of intersection with E. Aspen St., and identify any feature
discrepancies from current surveyed base map.
o Draft updated survey base map to include topo, existing conditions and
utilities within the Project area.
Engineering Design:
o Complete engineering design of pedestrian bridge structure.
o Complete engineering design of concrete sidewalk extension along north
side of E. Aspen St. to connect to new sidewalk at northeast corner of N.
Rouse Ave. intersection. Sidewalk will match existing grade, as neither new
curb and gutter nor street improvements are planned, and any raised
sidewalk section would impact existing drainage patterns.
o Prepare and submit 95% design plans to City Engineering for review and
approval. Base scope is limited to one (1) round of plan revisions, if
necessary, due to City Engineering review comments.
o Attend up to one (1) meeting with Owner to discuss review comments and
requested changes, if any.
o Prepare and provide sealed construction plans and work item summary with
construction quantities for Owner’s use in securing contractor bids and for
construction.
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o Prepare and provide Engineering “No-Rise” Certification based on bridge
structure elements being placed outside of the floodway widths and above
the 100-year flood elevation without altering the stream section.
o Prepare and provide sealed technical specifications, for bridge structure
only, for Owner’s use in securing contractor bids and for construction.
SUPPLEMENTARY SCOPE - $2,525
Environmental Permitting: Working on or near a waterway in Montana requires
one or several permits from different agencies. Because it is not currently known
that this project will be constructed, or at least not in the near future, this task is
being provided as a Supplementary Scope with separate fee. Engineer will perform
the below scope upon written authorization from the Owner to perform in addition
to the Base Scope.
o Prepare and submit Joint Application For Proposed Work in Montana’s
Streams, Wetlands, Floodplains, And Other Water Bodies to required
regulatory agencies for Project review and approval. Scope is limited to one
(1) round of Plan and/or Permit revisions, if necessary, due to regulatory
agency review comments. Regulatory agencies anticipated to include
Montana FWP, US ACOE, Montana DEQ, DNRC and Bozeman Floodplain
Administrator (Brian Heaston).
o Attend up to one (1) meeting with Owner to discuss permitting
requirements, regulatory comments, and required list of Project
Alternatives.
Engineer will incorporate Montana Public Works Standard Specifications (MPWSS) by
reference in the Plans prepared for permitting and construction. Minor modifications to these
specifications and details will be noted or otherwise provided in the Plans. The preparation
of separate technical specifications and/or contract documents is not included in this Scope
of Services, with the exception of technical specifications for the bridge structure only, as
provided in the Engineering Design Task of the Base Scope.
The scope is based on Owner providing the following:
Payment for all permitting/review fees.
2020 FEMA data for Base Flood Elevations and delineated Floodway for Bozeman
Creek
Review and approve project design submittals from Engineer and provide prompt
decisions and responses to questions to minimize delay in the progress of
Engineer’s work.
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Using the construction plans developed by the Engineer, the Owner will seek
quotes/bids for the work from area contractors.
Evaluate quotes/bids received for the construction of the improvements and prepare
construction contracts between Owner and Contractor.
Part 2 – Additional Services
A2.01 Additional Services Requiring Owner’s Written Authorization
A. If authorized in writing by Owner, Engineer shall furnish or obtain from
others Additional Services of the types listed below.
Provide Project Manual with Bidding and Contract Documents, Special
Provisions and additional Technical Specifications, as necessary, to
contract the construction.
Providing Bidding/Contractor negotiations.
Construction Phase Service including contract administration,
construction review, etc.
A2.02 Additional Services Not Requiring Owner’s Written Authorization
A. For such Additional Services listed below, Engineer need not request or
obtain specific advance written authorization from Owner. Engineer shall
cease performing or furnishing such Additional Services upon receipt of
written notice from Owner.
Additional meetings beyond those quantified in the above Scope of
Services for Base Scope and/or Supplementary Scope.
Drafting or designing alternative bridge structures from the structure
provided in the attached structural plans dated May 2, 2017.
Additional regulatory submittal iterations beyond those quantified in the
above Scope of Services for Base Scope and/or Supplementary Scope.
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July 24, 2020
Mr. David Fine
Economic Development Specialist
City of Bozeman
121 N. Rouse Ave.
Bozeman, MT 59715
Re: E. Aspen Street Pedestrian Bridge
Mr. Fine:
Please find enclosed our proposed scope of services related to the above referenced project. The base
scope generally includes services related to the required field survey and engineering design to complete
the current bridge design plans and sidewalk connection to N. Rouse Ave. We’ve also included a separate
scope and fee for the task of environmental permitting for consideration if the City wishes to proceed
with permitting the construction. Our proposed fee to complete these separate scopes of services is
provided in the attached Exhibit A.
Please review the enclosed scope to confirm that we are providing the services that meet your
expectations. Following your review, please let me know how our proposed scope and fee aligns with
your expectations before we begin contract execution.
Thank you for this opportunity. We look forward to hearing from you following your review.
Sincerely,
KLJ
Shane Strong, PE
Project Manager
Enclosure(s): Exhibit A – Engineer’s Scope of Services
Project #: 2004-01034
cc: File
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41'-0" BEARING TO BEARING BEARING @ BENT NO. 1 BEARING @ BENT NO. 2ELEVATIONSCALE: 1/8"= 1'-0"PLANSCALE: 1/8"= 1'-0"4749475047514752474847474746474547534744474310'-0"5'-0"5'-0"PRE-ENGINEERED STEEL PEDESTRIAN BRIDGEFINISHED GRADE@ PATH BRG @ PATH @ BENT NO. 1STA XX+XXFINISHED GRADE ELEVATION = XXXX.XX BRG @ PATH @ BENT NO. 2STA XX+XXFINISHED GRADE ELEVATION = XXXX.XXCAMBER BRIDGE 1%OF SPAN LENGTH @CENTER OF BRIDGEWATER LEVEL ON DATE OF SURVEY(DATE)ELEV. = XXX.XBOTTOM OF FOOTINGELEV. = 4746.00 BEARING @ PATHSTA XXX+XX BEARING @ PATHSTA XXX+XXEXISTING GRADE @ PROFILEBOTTOM OF FOOTINGELEV. = 4746.00HIGH WATER ELEV.= 4749.60LOW CHANNEL BOTTOMELEV.= 4744.15INSIDE FACE OF RAILEDGE OFPRE-ENGINEEREDBRIDGEINSIDE FACE OF RAILEDGE OFPRE-ENGINEEREDBRIDGEBOZEMAN CREEK475147504749474847474746474647474748474947504751475247534753LOW CHORDMINIMUM ELEV.= 4751.00TYPICAL BRIDGE SECTIONSCALE: 1/4"= 1'-0"10'-0"CLEAR WALKWAYWOOD RUB RAILSTEEL TOE PLATEVERTICAL4" MINIMUM CONCRETECOVER OVER STEEL DECKDECK REINFORCEMENT PERBRIDGE MANUFACTURERFLOOR BEAM1% MIN1% MINTOP CHORDCONCRETE DECKOVER GALVANIZEDSTEEL DECKINGBOTTOMCHORD2'-8"3'-6" MINHORIZONTALSAFETY RAIL, TYP PATH1'-0"SECTIONSCALE: NTSPRE-ENGINEERED STEELPEDESTRIAN BRIDGE.CONNECTION TO ABUTMENTPER BRIDGE MANUFACTURERSPREAD FOOTINGBEARING. VERIFY LOCATION OFANCHOR BOLTS WITH BRIDGEMANUFACTURER PRIOR TOPLACING CONCRETENATIVE SOILREMOVE EXISTING SOILAND REPLACE WITHCOMPACTED STRUCTURALFILL, SEE PROJECTGEOTECHNICAL REPORT'D'23 'D' May 02, 2017 - 11:35am - C:\Users\paulstetson\Desktop\Bozeman Ped Bridge\16417102 General Layout.dwgDATE REVISIONE. ASPEN ST. PEDESTRIAN BRIDGESHEETNO.CITY OF BOZEMANISSUE DATEDRAFTEDPROJECT NUMBERREVIEWEDBOZEMAN, MT16417102TBD/2017BBLPKSGENERAL LAYOUT UNLESS OTHERWISE APPROVED OR SPECIFIED, USE CONCRETE CLASS M-4000(F'c = 4000 psi) FOR ALL SUBSTRUCTURE CONCRETE AND DECK CONCRETE. REQUIREMENTS FOR CONCRETESHALL BE IN ACCORDANCE WITH MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS. INCLUDE STRUCTURE EXCAVATION AND DEWATERING IN THE UNIT PRICE BIDFOR CONCRETE. CALL 1-800-424-5555 FOR UTILITY LOCATES AT LEAST TWO WORKING DAYS PRIOR TO STARTINGANY CONSTRUCTION ACTIVITY THAT COULD DISTURB THE UTILITY. CONTRACTOR IS RESPONSIBLE TOLOCATE AND AVOID DAMAGE TO ALL EXISTING UTILITIES.NOTES FINISHED GRADE OF BRIDGE AT CENTERLINE PATH IS THE SAME AS THEPROFILE GRADE SHOWN ON PLANS. THE SPECIAL PROVISIONS GOVERN UNLESS OTHERWISE NOTED. THE DESIGNWAS PREPARED IN ACCORDANCE WITH AASHTO LRFD BRIDGE DESIGN SPECIFICATIONS, SEVENTHEDITION - 2014 WITH 2016 INTERIM REVISIONS AND THE AASHTO LRFD GUIDE SPECIFICATIONS FORTHE DESIGN OF PEDESTRIAN BRIDGES 2009 WITH 2015 INTERIM REVISIONS. DESIGN THE BRIDGE TO SUPPORT THE CONTROLLING CASE OF EITHER THE STANDARDAASHTO H5 LOADING, OR THE PEDESTRIAN LOAD AS SPECIFIED IN THE AASHTO LRFD GUIDESPECIFICATIONS FOR THE DESIGN OF PEDESTRIAN BRIDGES 2009 WITH 2015 INTERIM REVISIONS. USE NEW DEFORMED TYPE REINFORCING STEEL MEETING THE REQUIREMENTSOF AASHTO M 31 GRADE 60. INCLUDE ALL COSTS ASSOCIATED WITH FURNISHING AND PLACING NEWREINFORCING STEEL FOR THE FOOTINGS, ABUTMENTS AND WINGWALLS IN THE UNIT PRICE BID FORCONCRETE. INCLUDE ALL COSTS ASSOCIATED WITH FURNISHING AND PLACING NEW REINFORCINGSTEEL FOR THE DECK IN THE LUMP SUM BID FOR BRIDGE SUPERSTRUCTURE. REQUIREMENTS FORREINFORCING STEEL SHALL BE IN ACCORDANCE WITH MONTANA PUBLIC WORKS STANDARDSPECIFICATIONS. STRUCTURAL FILL SHALL CONSIST OF 3-INCH MINUS UNCRUSHED AGGREGATE MEETINGTHE REQUIREMENTS OF MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS (MPWSS) SECTION 02234,PER GEOTECHNICAL REPORT. THE WORK AND MATERIAL NEEDED FOR PLACING THE STRUCTURAL FILL SHALLBE INCLUDED IN THE UNIT PRICE BID FOR "STRUCTURAL FILL".95
BEARING @ BENT NO. 1 STA XX+XXBEARING @ BENT NO. 2 STA XX+XXFOOTING PLANSCALE: 1/8"= 1'-0"41'-0"BRG TO BRG18'-0"9'-0"9'-0"2'-0"2'-0"4'-0": DIMENSIONS SHOWN FOR BENT NO. 1ARE TYPICAL FOR BENT NO. 2.AB2BB2CB2DB28"END OFPRE-ENGINEEREDBRIDGE @ PATHEND OFPRE-ENGINEEREDBRIDGE @ PATHFOOTING UNDERABUTMENTCOREHOLEB-02COREHOLEB-03PATH & STRUCTUREBOZEMAN CREEK8"4'-0"BEARING4'-0"1'-0"7'-0" @ PATH(VARIES, SEE A/B2)6"2'-4"8"1'-8"10"1'-2"10"SECTION B/B2SCALE: 1/2"= 1'-0"BEAM SEAT & ANCHOR BOLTS, SEE MANUFACTURER'SDRAWINGS. MINIMUM OF 4 ~3/4"Ø ANCHOR BOLTS PER ABUTMENT. VERIFY ANCHOR BOLT PROJECTION W/MANUFACTURER. VERIFY LOCATION OF ANCHOR BOLTSW/ MANUFACTURER PRIOR TO PLACING CONCRETE.#4 HORZ @ 12 O.C.EACH FACE#4 HOOPS @ 12" O.C.#4 HOOKED DOWELS@ 12" O.C. EA FACE#4 HORZ@ 12" O.C.EA FACE3"CLR1 1/2" CLRTYP#4 U-BAR@ 12" O.C.4~#4 HORZ @ TOP4~#4 HORZ @BOTTOM#4 @ 12" O.C.EA WAY4'-0"1'-0"VARIES6"SECTION C/B2SCALE: 1/2"= 1'-0"3"CLR1 1/2" CLRFOOTING REINF,SEE B/B22'-10"#4 HOOKED DOWELS@ 12" O.C.EA FACE#4 @ 12" O.C. EA WAYSECTION D/B2SCALE: 1/2"= 1'-0"#4 HOOKED DOWELS @12" O.C., EA FACE#4 VERTS @ 12" O.C.,EACH FACE1 1/2" CLR2'-0" LAP8"2'-4"2'-0" LAP1'-6" LAPCB2BB28"1'-8"8"FOOTING8"3'-11"2'-0"1'-0" BENTELEVATION A/B2SCALE: 1/4"= 1'-0" 18'-0"12'-0"1'-4"1'-0"8"1'-4"1'-0"13'-4"4'-11"1'-0"6'-11"2'-4"2'-4"18'-0"NEAR FACE BACK WALL AND NEAR FACEWINGWALL REINFFOOTING, ABUTMENT BLOCK, FAR FACEBACKWALL, AND FAR FACE WINGWALLREINF1'-6" TYPLAPBB2CB2LEVELLEVEL7'-0"SLOPESLOPE May 02, 2017 - 11:35am - C:\Users\paulstetson\Desktop\Bozeman Ped Bridge\16417102 General Layout.dwgDATE REVISIONE. ASPEN ST. PEDESTRIAN BRIDGESHEETNO.CITY OF BOZEMANISSUE DATEDRAFTEDPROJECT NUMBERREVIEWEDBOZEMAN, MT16417102TBD/2017BBLPKSFOOTING PLAN AND SECTIONS: REINFORCING SHOWN IN SECTION APPLIES FOR FULL LENGTH OF FOOTINGS, ABUTMENTS, AND WALLS.: INCLUDE ALL PERTINENT HARDWARE REQUIRED FOR THE ERECTION OF THE BRIDGE (BASE PLATES, ANCHOR BOLTS, NUTS, ETC.) IN THE LUMP SUM BID FOR BRIDGE SUPERSTRUCTURE.: BRIDGE MANUFACTURER TO SUPPLY EXPANSION JOINTS BETWEEN DECK AND BACKWALL. INCLUDE DECK JOINTS IN THE LUMP SUM BID FOR BRIDGE SUPERSTRUCTURE.: TAPER DECK CROSS SLOPE TO MATCH CONCRETE BACKWALLS AT BRIDGE ENDS.: CONCRETE DECK THICKNESS AND REINFORCING PER BRIDGE MANUFACTURER. INCLUDE DECK CONCRETE AND DECK REINFORCING IN THE LUMP SUM BID FOR BRIDGE SUPERSTRUCTURE.96