HomeMy WebLinkAbout22- Professional Services Agreement - KLJ - Aspen Street Bridge
Professional Services Agreement – Engineering
FY2020-2021
Page 1 of 12
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2022
(“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, with a mailing address of 5 West
Mendenhall St, STE 201, hereinafter referred to as “Consultant.” The City and Consultant 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 Consultant to perform for City services
described in the Scope of Services attached hereto as “Exhibit A” and by this reference made a
part hereof for the Project: Aspen Street Bridge Bidding
2. Term/Effective Date: This Agreement is effective upon the date of its execution and will
terminate upon satisfactory completion of the agreed Scope of Services, which may be amended
from time to time by the mutual agreement of the Parties pursuant to terms of this agreement,
as determined by the City.
3. Scope of Services: Consultant 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.
Consultant may, at its own risk, use or rely upon design elements and information ordinarily or
customarily furnished by others, including, but not limited to, specialty contractors, Sub-
consultants, manufacturers, suppliers, and publishers of technical standards.
4. Payment for Scope of Services: City agrees to pay Consultant for the completion of the
Scope of Services a lump sum amount of $14,260.20, being equal to the Consultant’s Direct Labor
Costs, which shall cover Direct Labor, the federally audited payroll Direct Labor Overhead,
General & Administrative Overhead, and Profit. The Consultant’s Direct Labor Costs in $/hr for
its employee classes and a detailed breakdown of personnel hours directly assigned to each task
of the Scope of Services is provided herewith as “Attachment 1”.
DocuSign Envelope ID: 9DAF90B3-B191-43C4-BC5D-B717D5E65164
August23
Professional Services Agreement – Engineering
FY2020-2021
Page 2 of 12
5. Reimbursable Expenses: As defined in section 8 of this Agreement, for completion of the
Scope of Services and approved Additional Services, reimbursable expenses shall be paid to the
Consultant by the City in the actual amount of the costs incurred up to an amount not to exceed
$0, which includes $0 for Sub-consultants hired by the Consultant and $0 for all other
reimbursable expenses. The estimated reimbursable expenses are provided herewith as
“Attachment 2”. The administrative markup factor being applied by the Consultant for any of its
Sub-consultants shall be indicated on Attachment 2 and be no higher than 1.05.
6. Additional Services: If the City requests Consultant to perform any Additional Services
not otherwise provided for in this Agreement, City shall so instruct the Consultant in writing, and
the Consultant shall perform, or direct its Sub-consultants to perform, such services necessary to
complete the Additional Services requested. The City and Consultant shall mutually agree upon
a basis of payment for the Additional Services requested prior to the Consultant proceeding with
such Additional Services.
7. Times of Payments: The Consultant may submit monthly statements for the Scope of
Services and approved Additional Services rendered and for Reimbursable Expenses incurred.
The statements shall be based upon Consultant’s estimate of the proportion of the total Scope
of Services actually completed for each task at the time of billing.
8. Meaning of Terms:
a. Additional Services: Additional Services means services resulting from significant
changes in the general scope, extent or character of the Project or major changes in
documentation previously accepted by the City where changes are due to causes beyond the
Consultant’s control. Additional Services can also mean providing other services not otherwise
provided for in the Agreement that are substantially similar to and generally consistent with the
nature of services contained in the Scope of Services.
b. Agreement: As used herein the term “this Agreement” refers to the contents of
this document and its Attachments and Exhibits attached hereto and referred to as if they were
part of one and the same document.
c. Direct Labor Costs: Direct Labor Costs used as a basis for payment mean the
actual salaries and wages paid to all of the Consultant’s personnel engaged directly on the Scope
of Services but does not included indirect payroll related costs or fringe benefits.
d. Reimbursable Expenses: Reimbursable expenses mean the actual expenses
incurred by the Consultant or its Sub-consultants directly in connection with the Project, such as
expenses for: transportation and subsistence incidental thereto; toll telephone calls; specialized
technology or software subscription charges; reproduction of reports, technical memoranda,
drawings, renderings and similar Project-related items.
DocuSign Envelope ID: 9DAF90B3-B191-43C4-BC5D-B717D5E65164
Professional Services Agreement – Engineering
FY2020-2021
Page 3 of 12
e. Sub-consultants: Sub-consultants means any independent professional
associates working on the Project that are not directly employed by the Consultant and have
rather been hired by the Consultant to serve a particular role or offer a particular service for the
Project.
9. Consultant’s Representations: To induce City to enter into this Agreement, Consultant
makes the following representations:
a. Consultant 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. Consultant 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.
10. Independent Contractor Status/Labor Relations: The parties agree that Consultant is an
independent Contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Consultant 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. Consultant is not authorized to represent the City or
otherwise bind the City in any dealings between Consultant and any third parties.
Consultant 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. Consultant shall maintain workers’ compensation coverage
for all members and employees of Consultant’s business, except for those members who are
exempted by law.
11. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered,
to the fullest extent permitted by law, Consultant 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
DocuSign Envelope ID: 9DAF90B3-B191-43C4-BC5D-B717D5E65164
Professional Services Agreement – Engineering
FY2020-2021
Page 4 of 12
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 Consultant; or (ii) any negligent, reckless, or intentional misconduct of any of
the Consultant’s agents.
For the professional services rendered, to the fullest extent permitted by law, Consultant
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 Consultant or Consultant’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 which would otherwise exist as to such indemnitee(s).
Consultant’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 Consultant to assert its right to
defense or indemnification under this Agreement or under the Consultant’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 Consultant 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 City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Consultant 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, Consultant shall at Consultant’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
DocuSign Envelope ID: 9DAF90B3-B191-43C4-BC5D-B717D5E65164
Professional Services Agreement – Engineering
FY2020-2021
Page 5 of 12
specifically assumed by the Consultant in this Section. The insurance coverage shall not contain
any exclusion for liabilities specifically assumed by the Consultant 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.
Consultant 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 of Bozeman shall be
endorsed as an additional or named insured on a primary non- contributory basis on both the
Commercial General and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of
cancellation or non-renewal. The City must approve all insurance coverage and endorsements
prior to the Consultant commencing work. Consultant shall notify City within two (2) business
days of Consultant’s receipt of notice that any required insurance coverage will be terminated or
Consultant’s decision to terminate any required insurance coverage for any reason.
12. Termination for Consultant’s Fault:
a. If Consultant 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
Consultant’s right to proceed with all or any part of the work (“Termination Notice Due to
Consultant’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 12, Consultant shall be
entitled to payment only for those services Consultant actually rendered.
c. Any termination provided for by this Section 12 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 12, Consultant shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
DocuSign Envelope ID: 9DAF90B3-B191-43C4-BC5D-B717D5E65164
Professional Services Agreement – Engineering
FY2020-2021
Page 6 of 12
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.
13. 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 Consultant (“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 Consultant.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Consultant 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. Consultant shall do only such work as may
be necessary to preserve, protect, and maintain work already completed or immediately in
progress.
c. In the event of a termination pursuant to this Section 13, Consultant is entitled to
payment only for those services Consultant actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 13(c) is the sole compensation due to
Consultant for its performance of this Agreement. Consultant 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.
14. Limitation on Consultant’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Consultant under this Agreement,
Consultant’s damages shall be limited to contract damages and Consultant 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 Consultant wants to assert a claim for damages of any kind or nature,
Consultant 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 Consultant becoming aware of the facts and circumstances giving
rise to the claim. In the event Consultant fails to provide such notice, Consultant shall waive all
rights to assert such claim.
DocuSign Envelope ID: 9DAF90B3-B191-43C4-BC5D-B717D5E65164
Professional Services Agreement – Engineering
FY2020-2021
Page 7 of 12
15. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this Agreement
shall be David Fine, Economic Development Program Manager 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, Consultant 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.
b. Consultant’s Representative: The Consultant’s Representative for the purpose of
this Agreement shall be Mike Hinshaw, Market Manager, or such other individual as Consultant
shall designate in writing. Whenever direction to or communication with Consultant is required
by this Agreement, such direction or communication shall be directed to Consultant’s
Representative; provided, however, that in exigent circumstances when Consultant’s
Representative is not available, City may direct its direction or communication to other
designated Consultant 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.
16. Permits: Consultant 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.
17. Laws and Regulations: Consultant 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.
DocuSign Envelope ID: 9DAF90B3-B191-43C4-BC5D-B717D5E65164
Professional Services Agreement – Engineering
FY2020-2021
Page 8 of 12
18. Nondiscrimination and Equal Pay: The Consultant agrees that all hiring by
Consultant of persons performing this Agreement shall be on the basis of merit and qualifications.
The Consultant will have a policy to provide equal employment opportunity in accordance with
all applicable state and federal anti-discrimination laws, regulations, and contracts. The
Consultant 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 Consultant 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.
Consultant 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). Consultant must report to the City any violations of the Montana Equal Pay Act that
Consultant has been found guilty of within 60 days of such finding for violations occurring during
the term of this Agreement.
Consultant shall require these nondiscrimination terms of its subcontractors providing
services under this Agreement.
19. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Consultant 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. Consultant 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 Consultant shall
be obligated to furnish such proof.
The Consultant shall be responsible for instructing and training the Consultant's
employees and agents in proper and specified work methods and procedures. The Consultant
shall provide continuous inspection and supervision of the work performed. The Consultant is
responsible for instructing its employees and agents in safe work practices.
20. Modification and Assignability: This Agreement may not be enlarged, modified,
amended or altered except by written agreement signed by both parties hereto. The Consultant
may not subcontract or assign Consultant’s rights, including the right to compensation or duties
DocuSign Envelope ID: 9DAF90B3-B191-43C4-BC5D-B717D5E65164
Professional Services Agreement – Engineering
FY2020-2021
Page 9 of 12
arising hereunder, without the prior written consent of the City. Any Sub-consultant or assignee
will be bound by all of the terms and conditions of this Agreement.
21. Reports/Accountability/Public Information: Consultant agrees to develop and/or
provide documentation as requested by the City demonstrating Consultant’s compliance with
the requirements of this Agreement. Consultant 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 Consultant pursuant to this Agreement
was used in compliance with this Agreement and all applicable provisions of federal, state, and
local law. The Consultant shall not issue any statements, releases or information for public
dissemination without prior approval of the City.
22. 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.
23. 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.
24. Taxes: Consultant is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
25. 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.
26. Survival: Consultant’s indemnification shall survive the termination or expiration of this
Agreement for the maximum period allowed under applicable law.
DocuSign Envelope ID: 9DAF90B3-B191-43C4-BC5D-B717D5E65164
Professional Services Agreement – Engineering
FY2020-2021
Page 10 of 12
27. 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.
28. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
29. Applicable Law: The parties agree that this Agreement is governed in all respects by the
laws of the State of Montana.
30. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
31. 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.
32. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
33. 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.
34. Standard of Care: In providing services under this Agreement, Consultant 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 Consultant shall, at the City’s request, re-
perform the service at its own expense. Consultant 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 City’s rights herein are in addition
to any other remedies the City may have under the law
35. Ownership and Reuse of Documents: Upon payment in full by City to Consultant for all
monies due Consultant under this Agreement, Consultant’s work products produced under this
Agreement shall become the sole property of the City. The City’s use, reuse, alteration, or
modification of the work products will be at City’s sole risk and without liability or legal exposure
to Consultant or to its officers, directors, members, partners, agents, employees, and
consultants.
DocuSign Envelope ID: 9DAF90B3-B191-43C4-BC5D-B717D5E65164
Professional Services Agreement – Engineering
FY2020-2021
Page 11 of 12
36. 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 ****
DocuSign Envelope ID: 9DAF90B3-B191-43C4-BC5D-B717D5E65164
Professional Services Agreement – Engineering
FY2020-2021
Page 12 of 12
In witness whereof, the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN, MONTANA CONSULTANT
BY: BY:
Jeff Mihelich, City Manager (insert title of signatory)
DATE: DATE:
ATTEST:
BY:
Mike Maas, City Clerk
APPROVED AS TO FORM:
BY:
Greg Sullivan, City Attorney
DocuSign Envelope ID: 9DAF90B3-B191-43C4-BC5D-B717D5E65164
Senior Vice President
8/30/20228/30/2022
July 29, 2022
Mr. David Fine
Economic Development
City of Bozeman
121 N Rouse Ave.
Bozeman, MT 59715
Re: Aspen Street Pedestrian Bridge Bidding – Sidewalk
Mr. Fine:
Please find enclosed our proposed scope of services related to the above referenced project with
estimate of man hours and fee included. This scope generally includes services related to providing
bidding services.
Please review the enclosed scope to confirm that we are providing the services that meet your
expectations. Please keep in mind this is a draft proposal, and we anticipate you may have suggestions,
clarification or revisions that require adjustments. Following your review, please let me know how our
proposed scope and fee aligns with your expectations and if there are any modifications you desire before
executing an Agreement.
We are editing the standard agreement form to insert our proposed scope of services as an Exhibit C
attachment to replace some of the scope language in the standard form. We will email you the agreement
with proposed edits as soon as possible.
Thank you for this opportunity. We are very excited to work with you and the City Engineering team again
on this project.
We look forward to hearing from you following your review.
Sincerely,
KLJ
Michael Hinshaw, PE
Project Manager
Enclosure(s): Exhibit C – Proposed Scope of Services
Project #: 2104-01018
cc: File
DocuSign Envelope ID: 9DAF90B3-B191-43C4-BC5D-B717D5E65164
EXHIBIT C
ENGINEERING SCOPE OF WORK
The project includes providing professional services in connection with construction
management and inspection services for the Aspen Street Pedestrian Bridge. The scope of
Engineer’s services is based on facilitating purchase of required wetland mitigation credits and
providing bidding and construction documents, construction management and inspection and
project closeout documentation.
The ENGINEER is to provide the following services, related to the various phases of the project as
listed in Part 1 below:
PART 1 – BASIC SERVICES
A1.03 Contract Documents and Specifications
1. Prepare and submit Project Manual to City Engineering for approval prior to bid
advertisement. Project Manual will include the Montana Public Works Standard
Specifications (MPWSS) and City of Bozeman Modifications to MPWSS (COBMODS)
with all addenda, by reference, as well as the following sections:
a. Standard EJCDC front end construction contract documents covering bidding
requirements, contract forms and conditions of the contract with 2022 Montana
Prevailing Wage Rates, Engineer’s Special Provisions, Geotechnical Report, and
SWPPP Permit Application (Division 0).
b. Bozeman standard contract forms for Contractor’s Agreement, Invitation to Bid,
Instructions to Bidders and Nondiscrimination and Equal Pay Affirmation.
c. Engineer’s General Project Requirements (Division 1).
d. Technical Specifications, per design, that are not covered in MPWSS or
COBMODS (Division 2).
2. Utilizing previously approved infrastructure plans, prepare abridged project
construction plan set, maintaining only those plan sheets pertinent to the project’s
construction scope and extents. Remaining infrastructure shown outside of project’s
extents will be noted as “not in contract” (N.I.C).
3. Provide Engineer sealed construction documents including Construction Plans and
Project Manual to City, Bidders and awarded contractor.
4. Sealed Construction Plans (5) will be provided on scaled 11X17 hard copy sheets and
certified PDF documents.
5. Provide Engineer’s estimate of probable construction cost for the project extents.
6. Prepare and submit service application to Northwestern Energy, for additional
service extensions for project lighting.
A1.04 Bidding
1. Prepare and provide advertisement for bids to the Bozeman City Clerk to be
published two (2) times in the Bozeman Daily Chronicle during the bidding process.
2. Issue advertisement for bids and electronic project bidding documents to QuestCDN
for bidder viewing, purchase and download.
3. Lead and manage open bidding process using QuestCDN and maintain a record of
prospective bidders to whom construction documents have been issued.
DocuSign Envelope ID: 9DAF90B3-B191-43C4-BC5D-B717D5E65164
4. Prepare and issue Addenda as appropriate to clarify, correct, or change the issued
construction documents, as necessary, in response to questions from contractors.
5. Conduct one (1), Pre-Bid Conference via Microsoft Teams or equivalent.
6. Conduct Bid Opening using QuestCDN vBid platform.
7. Consult with Owner as to the qualifications of prospective contractors.
8. Prepare bid tabulation, assist City in evaluating bids, provide recommendation of
contract award, and issue notice of award of contract to successful contractor.
9. Assemble final contracts for the Work and coordinate contract execution by City and
contractor.
10. The Bidding task will be considered complete upon successful contractor’s
acceptance of the issued notice of award.
Assumptions: City will pay legal ad fee to newspaper.
The scope is based on Owner providing the following:
Payment for all application fees, if required, for regulatory and utility agency
review/approval.
PART 2 – ADDITIONAL SERVICES
A2.01 Additional Services Requiring Owner’s Written Authorization
1. ENGINEER’S scope of services is explicitly limited to those described in Part 1 above.
If authorized in writing by Owner, Engineer may furnish or obtain from others
Additional Services of the types listed below.
a. Re-design or modifications to design of current City and plans.
DocuSign Envelope ID: 9DAF90B3-B191-43C4-BC5D-B717D5E65164
A2.02 Additional Services Not Requiring Owner’s Written Authorization
1. 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.
a. Additional meetings and/or site visits as requested by owner
PART 3 – FEE ESTIMATE
A3.01 Tasks will be performed on a direct labor cost times a multiplier, in accordance with Part
6.2 of the Agreement, for the estimated fee detailed in the table below. Reimbursable
expenses will be billed for actual costs incurred in accordance with Part 6.2.2 of the
Agreement, for the estimated fee detailed below.
A3.02 Bidding Costs will include a not to exceed amount of $3,000
# Task
Mike Hinshaw,
PE
Candy Tombrink Rochelle Hansen
Logan Berg,
PE Total Hours Labor Cost
PM Project Assistant Engineer Engineer
$191 $115.60 $143 $143
1.03
Contract Documents & Specifications 1 4 6 11 $1,511.40
1.04 Bidding 2 2 4 8 $1,240.00
TOTAL 3 4 2 10 19 $2,751.40
DocuSign Envelope ID: 9DAF90B3-B191-43C4-BC5D-B717D5E65164
DocuSign Envelope ID: 9DAF90B3-B191-43C4-BC5D-B717D5E65164
July 29, 2022
Mr. David Fine
Economic Development
City of Bozeman
121 N Rouse Ave.
Bozeman, MT 59715
Re: Aspen Street Pedestrian Bridge Bidding – Bridge Structure
Mr. Fine:
Please find enclosed our proposed scope of services related to the above referenced project with
estimate of man hours and fee included. This scope generally includes services related to providing
bidding services.
Please review the enclosed scope to confirm that we are providing the services that meet your
expectations. Please keep in mind this is a draft proposal, and we anticipate you may have suggestions,
clarification or revisions that require adjustments. Following your review, please let me know how our
proposed scope and fee aligns with your expectations and if there are any modifications you desire before
executing an Agreement.
We are editing the standard agreement form to insert our proposed scope of services as an Exhibit C
attachment to replace some of the scope language in the standard form. We will email you the agreement
with proposed edits as soon as possible.
Thank you for this opportunity. We are very excited to work with you and the City Engineering team again
on this project.
We look forward to hearing from you following your review.
Sincerely,
KLJ
Michael Hinshaw, PE
Project Manager
Enclosure(s): Exhibit C – Proposed Scope of Services
Project #: 2104-01018
cc: File
DocuSign Envelope ID: 9DAF90B3-B191-43C4-BC5D-B717D5E65164
EXHIBIT C
ENGINEERING SCOPE OF WORK
The project includes providing professional services in connection with construction
management and inspection services for the Aspen Street Pedestrian Bridge. The scope of
Engineer’s services is based on facilitating purchase of required wetland mitigation credits and
providing bidding and construction documents, construction management and inspection and
project closeout documentation.
The ENGINEER is to provide the following services, related to the various phases of the project as
listed in Part 1 below:
PART 1 – BASIC SERVICES
A1.03 Contract Documents and Specifications
1. Prepare and submit Project Manual to City Engineering for approval prior to bid
advertisement. Project Manual will include the Montana Public Works Standard
Specifications (MPWSS) and City of Bozeman Modifications to MPWSS (COBMODS)
with all addenda, by reference, as well as the following sections:
a. Standard EJCDC front end construction contract documents covering bidding
requirements, contract forms and conditions of the contract with 2022 Montana
Prevailing Wage Rates, Engineer’s Special Provisions, Geotechnical Report, and
SWPPP Permit Application (Division 0).
b. Bozeman standard contract forms for Contractor’s Agreement, Invitation to Bid,
Instructions to Bidders and Nondiscrimination and Equal Pay Affirmation.
c. Engineer’s General Project Requirements (Division 1).
d. Technical Specifications, per design, that are not covered in MPWSS or
COBMODS (Division 2).
2. Utilizing previously approved infrastructure plans, prepare abridged project
construction plan set, maintaining only those plan sheets pertinent to the project’s
construction scope and extents. Remaining infrastructure shown outside of project’s
extents will be noted as “not in contract” (N.I.C).
3. Provide Engineer sealed construction documents including Construction Plans and
Project Manual to City, Bidders and awarded contractor.
4. Sealed Construction Plans (5) will be provided on scaled 11X17 hard copy sheets and
certified PDF documents.
5. Provide Engineer’s estimate of probable construction cost for the project extents.
6. Prepare and submit service application to Northwestern Energy, for additional
service extensions for project lighting.
A1.04 Bidding
1. Prepare and provide advertisement for bids to the Bozeman City Clerk to be
published two (2) times in the Bozeman Daily Chronicle during the bidding process.
2. Issue advertisement for bids and electronic project bidding documents to QuestCDN
for bidder viewing, purchase and download.
3. Lead and manage open bidding process using QuestCDN and maintain a record of
prospective bidders to whom construction documents have been issued.
DocuSign Envelope ID: 9DAF90B3-B191-43C4-BC5D-B717D5E65164
4. Prepare and issue Addenda as appropriate to clarify, correct, or change the issued
construction documents, as necessary, in response to questions from contractors.
5. Conduct one (1), Pre-Bid Conference on-site.
6. Conduct Bid Opening using QuestCDN vBid platform.
7. Consult with Owner as to the qualifications of prospective contractors.
8. Prepare bid tabulation, assist City in evaluating bids, provide recommendation of
contract award, and issue notice of award of contract to successful contractor.
9. Assemble final contracts for the Work and coordinate contract execution by City and
contractor.
10. The Bidding task will be considered complete upon successful contractor’s
acceptance of the issued notice of award.
Assumptions: City will pay legal ad fee to newspaper.
The scope is based on Owner providing the following:
Payment for all application fees, if required, for regulatory and utility agency
review/approval.
PART 2 – ADDITIONAL SERVICES
A2.01 Additional Services Requiring Owner’s Written Authorization
1. ENGINEER’S scope of services is explicitly limited to those described in Part 1 above.
If authorized in writing by Owner, Engineer may furnish or obtain from others
Additional Services of the types listed below.
a. Re-design or modifications to design of current City and plans.
DocuSign Envelope ID: 9DAF90B3-B191-43C4-BC5D-B717D5E65164
A2.02 Additional Services Not Requiring Owner’s Written Authorization
1. 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.
a. Additional meetings and/or site visits as requested by owner
PART 3 – FEE ESTIMATE
A3.01 Tasks will be performed on a direct labor cost times a multiplier, in accordance with Part
6.2 of the Agreement, for the estimated fee detailed in the table below. Reimbursable
expenses will be billed for actual costs incurred in accordance with Part 6.2.2 of the
Agreement, for the estimated fee detailed below.
A3.02 Bidding Costs will include a not to exceed amount of $12,000
# Task
Mike Hinshaw,
PE
Candy Tombrink Rochelle Hansen
Logan Berg,
PE
Chris Agro,
PE Total Hours Labor Cost
PM Project Assistant Engineer Engineer Structural Engineer
$191 $115.60 $143 $143 $160
1.03
Contract Documents & Specifications 5 8 30 43 $6,679.80
1.04 Bidding 4 9 6 12 31 $4,829.00
TOTAL 9 8 9 6 42 74 $11,508.80
DocuSign Envelope ID: 9DAF90B3-B191-43C4-BC5D-B717D5E65164
DocuSign Envelope ID: 9DAF90B3-B191-43C4-BC5D-B717D5E65164