HomeMy WebLinkAbout21- Professional Services Agreement - Sanderson Stewart - Pre-design Services for Fowler Connection
Professional Services Agreement for Fowler Ave Connection Main to Oak St
FY 2021 – FY 2022
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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, Sanderson Stewart, 106 East Babcock, Suite L1,
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. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
3. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
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Professional Services Agreement for Fowler Ave Connection Main to Oak St
FY 2021 – FY 2022
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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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Professional Services Agreement for Fowler Ave Connection Main to Oak St
FY 2021 – FY 2022
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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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Professional Services Agreement for Fowler Ave Connection Main to Oak St
FY 2021 – FY 2022
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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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Professional Services Agreement for Fowler Ave Connection Main to Oak St
FY 2021 – FY 2022
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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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Professional Services Agreement for Fowler Ave Connection Main to Oak St
FY 2021 – FY 2022
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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 Taylor Lonsdale 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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Professional Services Agreement for Fowler Ave Connection Main to Oak St
FY 2021 – FY 2022
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b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Danielle Scharf 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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FY 2021 – FY 2022
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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 ****
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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 Sanderson Stewart
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: Danielle Scharf, PE
Print Title: Principal/Region Manager
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Exhibit A
Fowler Avenue Connection – Huffine Lane to Oak Street
Pre-Design Scope of Work
8/5/21
Sanderson Stewart, along with our subconsultants, SK Geotechnical and Weston Solutions, is pleased to
provide this scope of work for the Pre-Design Phase of the Fowler Avenue Connection project. Pre-design
services for the project will include a preliminary traffic analysis (including demand modeling, forecasting future
traffic volumes, an evaluation of a 3-lane vs. 5-lane typical section, and an evaluation of traffic signals vs.
roundabouts for the Babcock Street and Durston Road intersections), topographic survey, preliminary
geotechnical analysis/report, environmental review, wetland delineation, preliminary stormwater analysis,
concept-level design of intersection improvements, opinions of probable construction cost, identification of
public and private utility conflicts/extensions, and a preliminary right-of-way review. Project services will also
include a comprehensive community engagement process and will conclude with a pre-design report and a
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 include AM and PM peak hour turning movement counts at the following project
corridor intersections:
▪ Fowler Ave/Main St (Huffine Ln)
▪ Fowler Ave/Babcock St
▪ Fowler Ave/Durston Rd
▪ Fowler Ave/Oak St
In addition to the turning movement counts, average daily traffic (ADT) counts will be collected in conjunction
with the turning movement counts. All traffic data will be collected using Miovision Scout video data collection
systems. Data processing will also result in breakdowns of trucks, buses, 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.
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Raw traffic count data will be adjusted for seasonal variation using the most current available Montana
Department of Transportation (MDT) seasonal adjustment factors.
Phase 3 – Traffic Modeling and Analysis
This phase will include development of a sub-area traffic model of Northwest Bozeman that will be utilized for
the evaluation of alternatives and to assess impacts on adjacent corridors. Key aspects of this phase will be to
assess when a 5-lane roadway or larger intersections may be needed based on demand and how this additional
link in the network will impact demand. Sanderson Stewart will utilize StreetLight Location-Based Services
(LBS) Data to assess origins and destinations within the study area and approximate the traffic volumes on the
corridor after construction. Combining the volume-calibrated historical LBS origin-destination data with the
historic ADTs, projections of design year (10-year and 20-year) traffic volumes will be developed with
adjustments for current data and historic background growth rates in the area. Three-lane and five-lane typical
sections will be analyzed for the Fowler Avenue corridor, along with peak hour (AM and PM) intersection
capacity calculations for the four primary corridor intersections (listed above in the Traffic Data Collection
phase). An evaluation of traffic signal vs. roundabout control will be conducted for the Babcock Street and
Durston Road intersections, including an analysis of MUTCD traffic signal warrants. Opinions of probable
construction cost will be developed for the alternatives to aid in that comparison. Minor improvements will be
considered at the existing signalized Huffine Lane intersection (including a review of a recent traffic study
conducted by MDT calling for dual turn lanes) and the roundabout at Oak Street, as needed.
This phase will also include a review and analysis of crash data for the most recent three-year period available,
corridor traffic simulation for the AM and PM peak periods using either Synchro or Vissim, and an 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 preliminary traffic analysis findings and recommendations will be summarized in report format with
supportive tables and exhibits and incorporated into the pre-design report.
Phase 4 - Preliminary Stormwater Analysis
This task will include a cursory review of existing stormwater infrastructure, identification of low points along
the corridor and locations where future detention ponds or pipe extensions may be needed. Potential LID
treatments will be considered, and problem areas 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
Division as needed and will ensure conformance with the City’s Stormwater Facilities Plan.
Phase 5 - Preliminary Lighting Analysis
This task will include preliminary lighting calculations for the project corridor (including intersection lighting),
a preliminary concept lighting plan, and opinions of probable construction cost for the different alternatives.
Sanderson Stewart will also coordinate with Northwestern Energy to discuss locations and general feasibility
for providing electrical service(s). A preliminary lighting design narrative will be developed for inclusion in the
pre-design report.
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Phase 6 – Environmental Surveys
This phase of the project will consist of several baseline environmental surveys by Weston Solutions, Inc.,
including a Biological Resource Review, Hazardous Materials/Substances – Initial Site Assessment, Wetland
Delineation and Mitigation Alternatives. If more detailed analysis is required beyond these initial reviews/
assessments, Weston Solutions will provide an additional proposal. The extent of waterways and wetlands
within the right-of-way will be flagged, surveyed, and included in the base drawings. If calculated impacts to
any waters of the U.S. require a Section 404 permit, the Sanderson Stewart team will prepare and submit the
appropriate permit application as part of the future design phase of the project. A more detailed scope of
services for this phase (provided by Weston Solutions) is included as an attachment to this scoping document.
Phase 7 - Geotechnical Analysis
Soils and pavement design evaluations will be conducted and recommendations for the roadway surfacing
section will be prepared by SK Geotechnical. This evaluation will consist of eleven (11) borings, including six
(6) within or adjacent to the existing roadway pavement and five (5) borings off the existing roadway.
Laboratory testing will be conducted, and a geotechnical report will be prepared for inclusion in the overall pre-
design report. A scope of services for this task provided by SK Geotechnical is included as an attachment to
this scoping document.
Phase 8 - Topographic Survey
A detailed topographic survey of the Fowler Avenue corridor will be conducted from Huffine Lane to Oak
Street using a combination of GPS, LIDAR scanning and total station techniques. The survey area will include
the anticipated future right-of-way and the entire City-owned parcel located on the southeast corner of Fowler
Avenue & Oak Street. Survey tasks will include compilation of all plats and certificates of survey along the
corridor. A corner record search to establish right-of-way will be conducted, but a complete boundary survey
is not included. Up to 40 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. Sanderson Stewart will prepare right-
of-entry requests for all large properties on the corridor and as needed for smaller properties.
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. Base drawings will be prepared in Bobcat Low Distortion Projection (LDP) coordinates.
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 9 - Conceptual Design
Design concepts at this phase of the project will consist of plan view sheets showing geometrics, lane
configurations and typical sections. Two intersection design alternatives will be considered at the Babcock
Street and Durston Road intersections, including traffic signals and roundabouts. Two typical section
alternatives will be considered, generally consisting of three-lane and five-lane alternatives. Potential right-of-
way impacts will be identified for each typical section alternative and for the intersection alternatives. Concept
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drawings will be prepared in plan view only. Bike and pedestrian facilities will also be included in all concept
design alternatives. Utilities and stormwater facilities will be addressed with a narrative in the pre-design report
but will not be shown in the concept design. Coordination with known adjacent site development projects will
be provided as needed to address access locations, and water and sewer services, if needed.
The deliverable for this phase will include 11x17 plan drawings incorporating the base topographic survey and
proposed improvements overlaid on an aerial image. This phase will include coordination with the City’s right-
of-way consultant as necessary for a preliminary review of right-of-way constraints. Opinions of probable cost
will be prepared for all alternatives considered in the conceptual design (two typical section alternatives and
two intersection alternatives at Babcock Street and Durston Road).
Phase 10 – Community Engagement
Fowler Avenue is a critical multi-modal transportation corridor for our growing community. It connects
neighborhoods, schools, and jobs. The Fowler Avenue corridor passes through existing neighborhoods and its
development will have an impact on the surrounding community. Given these critical factors, it is vital that our
community be engaged in the development of this project. We look to inform and consult with the community
on the existing needs and challenges of the corridor while involving the community in evaluating alternatives
for the design of the corridor.
Community Engagement for the Pre-Design Phase of the Fowler Avenue project will include the following:
▪ Implement a Community Engagement Platform (Engagement HQ by Bang the Table) where project
information will be available.
▪ Sanderson Stewart will develop a two-way communication campaign with project details including how
to engage.
▪ Utilize social media, postcard mailers, trail/park/yard signage to drive use of engagement platform.
▪ Host up to eight (8) Stakeholder Meetings (individual or combined stakeholder groups, including the
list provided in the Fowler Community Engagement Plan; assume all meetings will be virtual).
▪ Host up to three (3) Walking Audits (one for each ½ mile segment of the project; assume meetings
will be in-person).
▪ Host up to two (2) town hall sessions (assume they will be virtual meetings with the same content held
at two (2) different times to offer options to attendees), complement with online virtual open house
on Community Engagement Platform that includes videos from the live meeting, the same meeting
graphics, and opportunities for online public input.
▪ Present the project at up to two (2) City Commission meetings to provide overview of alternatives
considered, public input received, and the preferred design alternative.
Phase 11 – Public and Private Utility Coordination
Sanderson Stewart will provide coordination with the City of Bozeman on existing public utilities and proposed
extensions, as well as private utility companies throughout the development of the concept designs and pre-
design report. This phase of the project will include a high-level review of potential water and sewer extensions/
and CIP projects, and it will address annexation of County parcels and the subsequent connections to water
and sewer. Private utility coordination is anticipated to consist primarily of review of concept plans by utility
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companies for identification of possible conflicts and opportunities for expansion. Tasks include
correspondence and up to two meetings with utility companies.
Phase 12 - Pre-Design Report
The findings from Phases 1-11 will be summarized and documented through the preparation of a detailed pre-
design report. This report will be a bound report including concept level design drawings, opinions of probable
cost, and various recommended improvements for the corridor. A draft report will be prepared for review by
the City of Bozeman, 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 13 – Annexation and Initial Zoning Applications for County Parcels
This phase of the project will include the preparation of an annexation and initial zoning application to the City
of Bozeman Planning Division for the three large County parcels on the corridor (or portions thereof) that
have been or will be acquired by the City of Bozeman for the Fowler Avenue public right-of-way. The final
extent of properties to be annexed will be made through coordination with the City and their right-of-way agent
during the right-of-way acquisition process. This scope of work assumes up to three annexation and initial
zoning applications.
The work includes the preparation of required materials, outlined in the Annexation Application Checklist and
the Zone Map Amendment Checklist, attendance at a Bozeman Planning Board, Zoning Commission and City
Commission public hearings. Specific items to be included in this scope include:
▪ Application checklists
▪ Project narrative
▪ Responses to review criteria
▪ Application exhibits
▪ Printed mylars upon approval of annexation and zone map amendment
▪ Attendance at one City Planning Board Meeting
▪ Attendance at one City Zoning Commission Meeting
▪ Attendance at one City Commission meeting (assume one meeting for all applications)
▪ Legal description for resolutions of annexation and amendment
Fees and Billing Arrangements:
Sanderson Stewart will bill for its services on a lump sum basis with a project total of $341,700.00, based on
the attached labor summary. Sanderson Stewart shall submit invoices to the Client for work accomplished
during each calendar month. The amount of each monthly invoice shall be determined on the “percentage of
completion method” whereby Sanderson Stewart will estimate the percentage of the total work (provided on a
lump sum basis) accomplished during the invoicing period.
Schedule:
The anticipated schedule for this project consists of a pre-design report deliverable within eight (8) months of
notice to proceed. A more detailed schedule will be provided upon notice to proceed.
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Fowler Avenue-- Main to Oak
Pre-Design
8/5/2021
LaborCategory Total PlanHours Total PlanBill Amt
Phase: Project Initiation
Task: City Consultation & Meetings
Principal 4.00 820.00
Senior Engineer I 4.00 580.00
Task: Project Scoping
Senior Engineer I 10.00 1,450.00
Senior Engineer I 2.00 290.00
Senior Engineer II 20.00 3,700.00
Senior Engineer II 2.00 370.00
Task: Project Planning
Senior Engineer I 2.00 290.00
Senior Engineer II 4.00 740.00
Subtotal 48.00 8,240.00
Expenses 0.00
Total for Project Initiation 48.00 8,240.00
Phase: Traffic Data Collection
Task: Project Mgmt & Consultation
Senior Engineer I 14.00 2,030.00
Senior Engineer I 2.00 290.00
Task: Traffic Data Collection
Senior Engineer I 2.00 290.00
Staff Engineer I 16.00 1,600.00
Task: Compile/Process Count Data
Staff Engineer I 16.00 1,600.00
Task: Count Data Summary Figures
Senior Engineer I 4.00 580.00
Staff Engineer II 16.00 1,760.00
Subtotal 70.00 8,150.00
Expenses 2,300.00
Total for Traffic Data Collection 70.00 10,450.00
Phase: Traffic Modeling and Analysis
Task: Project Mgmt & Consultation
Senior Engineer I 10.00 1,450.00
Senior Engineer I 4.00 580.00
Task: City Consultation & Meetings
Senior Engineer I 10.00 1,450.00
Senior Engineer I 4.00 580.00
Task: LBS O-D Data Analysis & Future Volumes
Senior Engineer I 20.00 2,900.00
Staff Engineer I 80.00 8,000.00
Task: Crash Data Analysis
Senior Engineer I 16.00 2,320.00
Task: Evaluate Signals vs Roundabouts
Staff Engineer II 16.00 1,760.00
Page 1 of 6
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Task: Traffic Signal Warrant Analysis
Senior Engineer I 4.00 580.00
Staff Engineer II 16.00 1,760.00
Task: Traffic Simulation
Senior Engineer I 8.00 1,160.00
Staff Engineer I 60.00 6,000.00
Task: Evaluate Bike/Ped Accomodations
Senior Engineer I 4.00 580.00
Staff Engineer II 8.00 880.00
Task: Traffic Exhibits
Staff Engineer I 8.00 800.00
Task: Traffic Report
Senior Engineer I 8.00 1,160.00
Staff Engineer II 24.00 2,640.00
Task: Quality Control Review
Principal 4.00 820.00
Senior Engineer I 8.00 1,160.00
Subtotal 312.00 36,580.00
Expenses 9,600.00
Total for Traffic Modeling and Analysis 312.00 46,180.00
Phase: Preliminary Stormwater Analysis
Task: Project Mgmt & Coordination
Principal 2.00 410.00
Project Engineer II 6.00 750.00
Senior Engineer I 6.00 870.00
Task: Stormwater Review and Write-Up
Project Engineer II 16.00 2,000.00
Staff Engineer I 24.00 2,400.00
Subtotal 54.00 6,430.00
Expenses
Total for Preliminary Stormwater Analysis 54.00 6,430.00
Phase: Preliminary Lighting Analysis
Task: Project Mgmt & Coordination
Principal 2.00 410.00
Senior Engineer I 4.00 580.00
Task: Lighting Review and Write-up
Senior Engineer I 8.00 1,160.00
Staff Engineer I 28.00 2,800.00
Subtotal 42.00 4,950.00
Expenses
Total for Preliminary Lighting and Analysis 42.00 4,950.00
Phase: Environmental Review
Task: Project Mgmt & Consultation
Project Engineer II 4.00 500.00
Senior Engineer I 8.00 1,160.00
Subtotal 12.00 1,660.00
Subconsultant (Weston Solutions)15,465.00
Total for Environmental Review 12.00 17,125.00
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Phase: Geotechnical Analysis
Task: Project Mgmt & Consultation
Project Engineer II 4.00 500.00
Senior Engineer I 8.00 1,160.00
Subtotal 12.00 1,660.00
Subconsultant (SK Geotechnical)29,750.00
Total for Geotechnical Analysis 12.00 31,410.00
Phase: Topographic Survey
Task: Project Mgmt & Consultation
Senior Engineer II 8.00 1,480.00
Senior Professional Land Surveyor 8.00 1,160.00
Task: Survey Control - Set Monuments
Staff Surveyor II 10.00 1,050.00
Task: Project control - Levels, Notes, Adjust
Staff Surveyor II 16.00 1,680.00
Staff Surveyor II 16.00 1,680.00
Task: Cadastral - Plats, COSs, RW maps, LDR's
Designer I 24.00 3,480.00
Senior Professional Land Surveyor 24.00 3,480.00
Task: Cadastral - RW, Property Search & Tie
Staff Surveyor II 16.00 1,680.00
Task: Cadastral - Base Map Drafting
Designer I 24.00 2,280.00
Senior Professional Land Surveyor 24.00 3,480.00
Task: Topographic Survey
Staff Surveyor II 80.00 8,400.00
Task: Scanning and Scan Registry
Staff Surveyor II 8.00 840.00
Staff Surveyor II 8.00 840.00
Task: Scan Data Cleanup and 3D Linework
Designer I 64.00 6,080.00
Task: Draft Topo & Base Plan
Designer I 48.00 4,560.00
Task: ROW Exhibit
Right-of-Way Agent 8.00 1,160.00
Senior Professional Land Surveyor 8.00 1,160.00
Task: QC Review
Principal 4.00 820.00
Senior Professional Land Surveyor 8.00 1,160.00
Task: Right-of-Entry Letters
Clerical/Admin 8.00 600.00
Senior Engineer I 2.00 290.00
Subtotal 416.00 47,360.00
Expenses 6,305.00
Total for Topographic Survey 416.00 53,665.00
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Phase: Conceptual Design
Task: Project Mgmt & Coordination
Principal 8.00 1,640.00
Project Engineer II 8.00 1,000.00
Senior Engineer I 8.00 1,160.00
Senior Engineer II 8.00 1,480.00
Task: Corridor Concept Design (3 and 5 lane)
Senior Designer II 120.00 13,200.00
Senior Engineer II 40.00 7,400.00
Staff Engineer I 80.00 8,000.00
Task: Intersection Concept Design (rndbt/signal)
Senior Designer II 80.00 8,800.00
Senior Engineer I 20.00 2,900.00
Senior Engineer II 20.00 3,700.00
Senior Engineer II 20.00 3,700.00
Staff Engineer I 80.00 8,000.00
Task: Typical Sections
Senior Designer II 8.00 880.00
Senior Engineer II 4.00 740.00
Staff Engineer I 8.00 800.00
Task: QC Review
Principal 4.00 820.00
Senior Engineer II 4.00 740.00
Subtotal 520.00 64,960.00
Expenses
Total for Conceptual Design 520.00 64,960.00
Phase: Community Engagement
Task: Project Mgmt & Coordination
Marketing Director 8.00 1,080.00
Principal 10.00 2,050.00
Senior Land Planner 20.00 2,900.00
Task: Prepare and Update Engagement HQ Site
Marketing Director 12.00 1,620.00
Principal 6.00 1,230.00
Senior Land Planner 48.00 6,960.00
Task: Mailers/Yard Signage/Social Media
Clerical/Admin 24.00 1,800.00
Marketing Director 24.00 3,240.00
Principal 4.00 820.00
Senior Land Planner 8.00 1,160.00
Task: Stakeholder Meetings (8 Meetings)
Marketing Director 16.00 2,160.00
Principal 24.00 4,920.00
Senior Land Planner 24.00 3,480.00
Task: Walking Audits (3 Meetings)
Principal 9.00 1,845.00
Senior Land Planner 9.00 1,305.00
Task: Town Hall Meetings (2 Meetings)
Graphic Artist 24.00 2,280.00
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Marketing Director 24.00 3,240.00
Principal 24.00 4,920.00
Senior Land Planner 24.00 3,480.00
Task: City Commission Meetings (2 Meetings)
Principal 4.00 820.00
Senior Land Planner 10.00 1,450.00
Subtotal 356.00 52,760.00
Expenses
Total for Community Engagement 356.00 52,760.00
Phase: Public and Private Utility Coordination
Task: Public Utility Coordination
Senior Engineer I 2.00 290.00
Senior Engineer II 4.00 740.00
Senior Engineer II 8.00 1,480.00
Senior Engineer II 8.00 1,480.00
Task: Utility Write-Up for Report
Project Engineer II 8.00 1,000.00
Senior Engineer II 4.00 740.00
Subtotal 34.00 5,730.00
Expenses
Total for Public and Private Utility Coordination 34.00 5,730.00
Phase: Pre-Design Report
Task: Project Mgmt & Coordination
Principal 4.00 820.00
Senior Engineer I 12.00 1,740.00
Task: City Meetings
Principal 4.00 820.00
Senior Engineer I 8.00 1,160.00
Task: Report Writing
Project Engineer II 20.00 2,500.00
Senior Engineer I 20.00 2,900.00
Staff Engineer I 40.00 4,000.00
Task: Opinions of Probable Cost
Project Engineer II 8.00 1,000.00
Senior Engineer I 8.00 1,160.00
Senior Engineer II 8.00 1,480.00
Staff Engineer I 24.00 2,400.00
Task: QC Review
Principal 4.00 820.00
Senior Engineer II 8.00 1,480.00
Subtotal 168.00 22,280.00
Expenses
Total for Pre-Design Report 168.00 22,280.00
Phase: Annexation and Zone Map Amendments
Task: Project Mgmt & Coordination
Senior Land Planner 10.00 1,450.00
Task: Prepare Applications
Land Planner 30.00 3,900.00
Senior Land Planner 8.00 1,160.00
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Senior Land Planner 10.00 1,450.00
Task: Application Exhibits
Land Planner 20.00 2,600.00
Senior Land Planner 8.00 1,160.00
Senior Professional Land Surveyor 20.00 2,900.00
Task: Planning/Zoning/Commission Meetings
Senior Land Planner 20.00
2,900.00
Subtotal 126.00 17,520.00
Expenses
Total for Annexation and Zone Map Amendments 126.00 17,520.00
Total for Fowler Ave-- Pre-Design 2,170.00 341,700.00
Page 6 of 6
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