HomeMy WebLinkAbout22- Professional Services Agreement - HDR - Bridger Creek Flood and Erosion Control Project
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PROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made as of , between THE CITY OF BOZEMAN, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121
N. Rouse Ave., Bozeman, Montana, 59771 (OWNER) and HDR Engineering, Bozeman, Montana, (ENGINEER).
Whereas the accomplishment of the work and services described in this Agreement is essential to the OWNER'S public works improvement program.
Whereas the OWNER intends to and has selected the ENGINEER to provide necessary and professional engineering
services for the project.
Whereas the ENGINEER represents that it is willing and qualified to perform the professional engineering services for this project described in this Agreement.
Therefore, in consideration of the foregoing recitals and the mutual covenants and conditions contained herein, the
parties agree as follows: ARTICLE 1 - ENGINEERING SERVICES 1.1. ENGINEER will provide the services set forth in Exhibit A – Scope of Services (“Engineering Services”), which is hereby incorporated in and made a part of this Agreement. ARTICLE 2 - ENGINEER'S RESPONSIBILITIES 2.1. ENGINEER shall perform for OWNER professional engineering services in all phases of the Project to which this Agreement applies as hereinafter provided. These services will include, but not be limited to, serving as OWNER's professional engineering representative for the Project, providing professional engineering consultation and advice and furnishing customary civil and structural engineering services incidental thereto. 2.2. The ENGINEER shall furnish all labor, materials, equipment, supplies, and incidentals necessary to conduct and complete the ENGINEER'S portions of the Project and to prepare and deliver to the OWNER all data, reports, plans, specifications, and recommendations as designated herein. 2.3. The ENGINEER shall ascertain such information as may have a bearing on the work from local units of government, public, and private organizations and shall be authorized to procure information from other authorities as to the extent of these contacts and the results thereof. 2.4. The ENGINEER'S work shall be in accordance with the standards of sound engineering practices. 2.5. The ENGINEER shall name a Principal-In-Charge for the duration of the project. The Principal-In-Charge shall be Coralynn Revis. 2.6. The ENGINEER shall name a Project Manager who shall be the liaison between the ENGINEER and the OWNER. The Project Manager shall be Dan March, PE. The OWNER may name a Task Director who would be the liaison between the ENGINEER and the OWNER during the design segment of the Project. 2.7. The ENGINEER shall submit an estimated progress schedule at the beginning of the work, and monthly progress reports thereafter until the project is completed. ARTICLE 3 - OWNER'S RESPONSIBILITIES 3.1 The OWNER shall name a Task Director who shall be the liaison between the ENGINEER and the OWNER
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during DESIGN segment of the Project. The Task Director designated shall be Bob Murray, P.E.
3.2 The OWNER shall have the right of review and examination of the ENGINEER'S work at all times.
3.3 The OWNER shall make available all records (record drawings, construction records, etc.) indicating the existing
configuration of the city utilities.
3.4 The OWNER will be responsible for advertising bid openings.
3.5 The OWNER shall attend the pre-bid conferences, bid openings, pre-construction conferences, construction
progress and other job related meetings, substantial completion inspections and final payment inspections.
ARTICLE 4 - BASIC ENGINEERING SERVICES
The ENGINEER shall render professional Engineering Services as follows:
4.1 PRE-DESIGN INVESTIGATION PHASE
After written authorization to proceed, ENGINEER shall:
4.1.1 Consult with OWNER to clarify and define OWNER's requirements for the Project and review
available data.
4.1.2 Advise OWNER as to the necessity of OWNER's providing or obtaining from others, data or services
and assist OWNER in obtaining such data or services.
4.1.3 Identify and analyze requirements of governmental authorities having jurisdiction to approve the design
of the Project and participate in consultations with such authorities.
4.1.4. Provide analyses of OWNER's needs, planning surveys, site evaluations and comparative studies of
prospective sites and solutions.
4.1.5. Provide a general economic analysis of OWNER's requirements applicable to various alternatives.
4.1.6 Assist in formation of Special Improvement Districts (SID) by preparing district boundary
descriptions and maps, preparing a property owner's and assessments role lists including project assessment
costs based on the preliminary project cost estimates, and providing technical information at SID public
hearings, if applicable.
4.1.7. Prepare a Report containing schematic layouts, sketches and conceptual design criteria with
appropriate exhibits to indicate clearly the considerations involved (including applicable requirements of
governmental authorities having jurisdiction as aforesaid) and the alternative solutions available to
OWNER and setting forth ENGINEER's findings and recommendations. This Report will be accompanied
by ENGINEER's opinion of probable costs for the Project, including the following which will be separately
itemized: Construction Cost, allowance for engineering costs and contingencies, and (on the basis of
information furnished by OWNER) allowances for such other items as charges of all other professionals
and consultants, for the cost of land and rights-of-way, for compensation for or damages to properties, for
interest and financing charges and for other services to be provided by others for Owner. The total of all
such costs, allowance, etc. are hereinafter called "Total Project Costs".
4.1.8. Furnish an electronic copy of the Study and Report documents and review them in person with
OWNER.
The Pre-design Investigation Phase will be completed and submitted within 60 calendar days following written
authorization from OWNER to ENGINEER to proceed with that phase of services.
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4.2 PRELIMINARY DESIGN PHASE - NOT USED
4.3 FINAL DESIGN PHASE - NOT USED
4.4 BIDDING OR NEGOTIATING PHASE - NOT USED
4.5 CONSTRUCTION PHASE - NOT USED
4.6. PROJECT DOCUMENTATION - NOT USED
4.7. CONSTRUCTION TESTING - NOT USED
ARTICLE 5 - ADDITIONAL SERVICES
5.1. If OWNER wishes ENGINEER to perform any of the following Additional Services, OWNER shall so instruct
ENGINEER in writing, and ENGINEER shall perform or obtain from others such services and will be paid therefor as
provided in this Agreement:
5.1.1. Legal land surveys performed to obtain data for preparing easements and rights-of-way descriptions.
5.1.2. Preparation of applications and supporting documents for governmental agencies in addition to those
required under Basic Services; preparation or review of environmental studies and related services; and
assistance in obtaining environmental approvals.
5.1.3. Services resulting from significant changes in the general scope, extent or character of the Project or
major changes in documentation previously accepted by OWNER where changes are due to causes beyond
ENGINEER's control.
5.1.4. Providing renderings or models.
5.1.5. Preparing documents for alternate bids requested by OWNER for work not executed or for out-of-
sequence work.
5.1.6. Providing other services not otherwise provided for in this Agreement, including services normally
furnished by the OWNER as elsewhere herein described.
5.1.7. Furnishing the services of independent professional associates or consultants for other than Basic
Services.
5.2. When required by the Contract Documents in circumstances beyond ENGINEER's control, ENGINEER shall
perform or obtain from others any of the following Additional Services as circumstances require during construction and
without waiting for specific instructions from OWNER, and ENGINEER will be paid therefor as provided in this
Agreement:
5.2.1. Services in connection with work directive changes and change orders to reflect the changes requested
by OWNER if the resulting change in compensation for Basic Services is not commensurate with the additional
services rendered.
5.2.2. Services in making revisions to Drawings and Specifications occasioned by the OWNER'S acceptance
of substitutions proposed by Contractor(s); services after the award of each contract in evaluating and
determining the acceptability of an unreasonable or excessive number of substitutions proposed by Contractor;
and evaluating an unreasonable or extensive number of claims submitted by Contractor(s) or others in connection
with the work.
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5.2.3. Services resulting from significant delays, changes or price increases occurring as a direct result of
materials, equipment or energy shortages.
5.2.4. Additional or extended services during construction made necessary by (1) work damage by fire or
other causes during construction, (2) a significant amount of defective or neglected work of any Contractor, (3)
acceleration of the progress schedule involving services beyond normal working hours, (4) default by any
Contractor.
ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE
6.1 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER
6.1.1 Payment. The OWNER shall for design phase services performed as Basic Engineering Services under
sections 4.1 through 4.3 of this Agreement pay a total sum in the amount of $ 20,556 for such services.
6.1.2 Payment Schedule. NOT USED.
6.1.3 General. Engineer shall submit monthly statements for services rendered. The statements shall be
based upon Engineer's estimate of the proportion of the total services actually completed at the time of billing,
subject to any limitations on Payments based on completion of tasks or specific retainage requirements pursuant
to the payment provisions of this Agreement.
6.1.4 Reimbursable Expenses. Only those expenses specifically identified for payment under section 6.2 of
this Agreement are reimbursable. All other design related expenses are included in the Lump Sum Payment for
the Basic services (4.1 through 4.4) and are not separately reimbursable. Additional Services specifically
identified under the scope of design services for payment under 6.1 are not separately reimbursable.
6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER.
Construction and project documentation services performed as Basic Engineering Services under sections 4.4 through 4.7
including General Administration of Construction Contract, Resident Project Representation, Project Documentation, and
Construction Testing, shall be compensated in accordance with the following:
6.2.1 The OWNER shall pay for Construction Phase and Project Documentation Services an amount not to
exceed except as provided under 6.2.1.2 and 6.2.4.
6.2.1.1 Costs Compensation. Compensation for these services shall be based on the ENGINEER's
Direct Labor Cost times a factor of 3.2 for services rendered which shall cover Direct Labor,
Direct Labor Overhead, General & Administrative Overhead and Profit.
6.2.1.2 Notification. At any time during the construction that it becomes apparent that the
Construction Phase and Project Documentation Services rendered under this Agreement will exceed the
negotiated compensation for these services, and prior to performing services in excess of the contract
ceiling, the ENGINEER shall give OWNER written notice thereof. Promptly thereafter OWNER and
ENGINEER shall review the scope and progress of the project work. ENGINEER shall obtain written
authorization from OWNER, prior to any additional costs being incurred under paragraph 6.2.1.3. If it
is determined that due to a change in project scope under paragraph 5.2.1, the ENGINEER is entitled to
additional compensation, OWNER and ENGINEER may negotiate terms as provided under 6.2.1.1.
The amount and terms of any additional compensation under 6.2.1.1.
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6.2.2. Reimbursable Expenses, as defined in section 7.4 of this Agreement, for Basic Services and Approved
Additional Services shall be paid to the ENGINEER by the OWNER in the actual amount of the costs incurred
up to an amount not to exceed $ 950 which includes $ 950 for consultants employed by the
Engineer and $ 0 for all other reimbursable expenses. The estimated reimbursable expenses are
identified in Exhibit " B ".
6.2.3. Failed Test Expenses. The ENGINEER shall maintain and provide to the OWNER, a record of the
costs associated with failing quality control tests performed for the OWNER during the course of the
construction of the project and recommend an amount the OWNER deduct from the contractor(s) payments.
6.2.4 The OWNER shall pay an amount for Additional Services rendered by the ENGINEER and approved
in writing by the OWNER on the basis of the ENGINEER'S Direct Labor Costs times a factor of 3.2 , or an
amount otherwise negotiated at the time such services are requested and approved by the OWNER.
ARTICLE 7 - MEANING OF TERMS
7.1 AGREEMENT
As used herein the term "this Agreement" refers to the contents of this document and its Exhibits attached hereto and
referred to as if they were part of one and the same document.
7.2 CONSTRUCTION COSTS
The construction cost of the entire Project (herein referred to as "Construction Cost") means the total cost to OWNER of
those portions of the entire Project designed and specified by ENGINEER, but it will not include ENGINEER's
compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, properties unless this
Agreement so specifies, nor will it include OWNER's legal, accounting, insurance counseling or auditing services, or
interest and financing charges incurred in connection with the Project or the cost of other services to be provided by others
to OWNER.
7.3 DIRECT LABOR COSTS
Direct Labor Costs used as a basis for payment mean the actual salaries and wages paid to all ENGINEER's personnel
engaged directly on the Project, including, but not limited to, engineers, architects, surveyors, designers, drafters,
specification writers, estimators, other technical and business personnel; but does not include indirect payroll related costs
or fringe benefits. For the purposes of this Agreement the principals and employees of the ENGINEER maximum billable
Direct Labor Costs are:
Principals $ 73 /hour
Project Manager $ 59 /hour
Senior Engineer $ 59 /hour
Staff Engineer $ 32 /hour
Senior Technicians $ 55 /hour
CADD Drafter $ 43 /hour
Technicians $ /hour
Construction Inspector $ /hour
Two Person Survey Crew $ /hour
Clerical $ 28 /hour
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7.4 REIMBURSABLE EXPENSES
Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's independent professional
associates or consultants directly in connection with the Project, such as expenses for: transportation and subsistence
incidental thereto; obtaining bids or proposals from Contractor(s); subsistence and transportation of Resident Project
Representatives and their assistants; toll telephone calls and telegrams; reproduction of reports, Drawings, Specifications,
Bidding Documents and similar Project-related items; and if authorized in advance by OWNER, overtime work requiring
higher than regular rates. In addition, when compensation for Basic Services is on the basis of Direct Labor Costs method
of payment, Reimbursable Expenses will also include the amount billed to ENGINEER by special consultants employed
by ENGINEER and authorized by OWNER (other than as an authorized Additional Services) and will also include
expenses incurred for computer time and other specialized equipment, including an appropriate charge for previously
established programs and expenses of photographic production techniques.
ARTICLE 8 - PAYMENT PROVISIONS
8.1 TIMES OF PAYMENTS. ENGINEER may submit monthly statements for Basic Services and approved
Additional Services rendered and for Reimbursable Expenses incurred; however, payments shall not exceed the ceilings
provided in 6.1 and 6.2. Final payment shall be made only after acceptance of the project by the OWNER. If OWNER
disputes the amount of the billing, OWNER will notify the ENGINEER in writing within ten (10) calendar days of the
receipt of bill of the dispute.
8.2 REQUESTS FOR PAYMENT. Each request for payment shall include a documentation summary of the
period incremental man hours incurred, direct labor rates and billed rates, detail of reimbursable costs, total period billing,
and total cumulative billing. When requested by OWNER services for distinct project segments shall be accounted and
billed separately.
8.3 PAYMENT UNDER TERMINATION. In the event of termination by the OWNER upon the completion of any
phase of the Basic Services, progress payments due ENGINEER for services rendered through such phase shall constitute
total payment for such services. In the event of such termination by OWNER during any phase of the Basic Services,
ENGINEER also will be reimbursed for the charges of pre-approved independent professional associates and consultants
employed by ENGINEER to render Basic Services, and paid for services rendered during that phase on the basis of the
payment provisions of the Agreement. In the event of any such termination, ENGINEER will be paid for unpaid pre-
approved Additional Services and unpaid Reimbursable Expenses which are authorized under this agreement.
ARTICLE 9 - GENERAL CONSIDERATIONS
9.1 TERMINATION OF AGREEMENT
9.1.1 The sole right is hereby reserved to the OWNER to terminate this Engineering Agreement for any and
all causes or for its convenience at any time upon fifteen (15) days written notice to the ENGINEER.
9.1.2 If termination for default is effected by the OWNER, an equitable adjustment in the price provided for
in this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed
services or other work, and (2) any payment due to the ENGINEER at the time of termination may be adjusted to
cover any additional costs to the OWNER because of the ENGINEER's default. If termination for convenience
is effected by the OWNER, the equitable adjustment shall include a reasonable profit, as determined by owner,
for services or other work performed. The equitable adjustment for any termination shall provide for payment to
the ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination
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settlement costs reasonably incurred by the ENGINEER relating to commitments which had become firm prior to
the termination.
9.1.3 Upon receipt of a termination action under paragraph 9.1.2, the ENGINEER shall (1) promptly
discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to
the OWNER within ten (10) days copies of all data, design drawings, specifications, reports, estimates,
summaries and such other information and materials as may have been accumulated by the ENGINEER in
performing this Agreement, whether completed or in process.
9.1.4 In the event this Contract is terminated prior to completion, the original copies of the ENGINEER'S
data, recommendations, plans, specifications, analysis and other related documents prepared by the ENGINEER
prior to said termination shall be delivered to and become the property of the OWNER.
9.1.5 Upon termination, the OWNER may take over the work and may award another party an Agreement to
complete the work under this Agreement.
9.1.6 OWNER'S right to terminate is in addition to any other remedies OWNER may have under the law.
9.2 INSPECTION AND AUDIT
All books, papers, records, payrolls, vouchers and invoices relating to costs and expenditures incurred as to the
performance of the services by the ENGINEER hereunder shall be made available to the OWNER, or their authorized
representatives for audit and review, at the ENGINEER'S respective offices at all reasonable times during the contract
period and for three years from the date of final payment.
9.3 EMPLOYMENT
The ENGINEER warrants that he has not employed or retained any company or persons, other than a bona fide employee,
working solely for the ENGINEER, to solicit to secure this contract, and that he has not paid or agreed to pay any
company or person, other than bona fide employees working solely for the ENGINEER, any fee, commission, percentage,
brokerage fee, gifts or any other considerations contingent upon or resulting from the award or making of this Contract.
For breach or violation of this warranty, the OWNER shall have the right to annul the Contract without liability or in its
discretion to deduct from the price or consideration or otherwise recover the full amount of such fee, commission,
percentage, brokerage fee, gift or contingent fee.
All employees of the ENGINEER or other persons while engaged in the performance of work or services required by the
ENGINEER shall be considered employees of the ENGINEER only and not of the OWNER.
9.4 NONDISCRIMINATION
The ENGINEER agrees that all hiring by ENGINEER of persons performing this Agreement shall be on the basis of merit
and qualifications.
The ENGINEER will have a policy to provide equal employment opportunity in accordance with all applicable state and
federal anti-discrimination laws, regulations, and contracts.
The ENGINEER will not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas,
sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental
disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status
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or sex distinction.
The ENGINEER shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
The ENGINEER shall require these nondiscrimination terms of its sub-consultants providing services under this
agreement.
9.5 SUBLETTING OR ASSIGNING OF WORK
The ENGINEER shall not sublet or assign any of the work covered herein without prior written approval of the OWNER.
9.6 STANDARD OF CARE
In providing services under this agreement, the ENGINEER will perform in a manner consistent with the degree of care
and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any
service should be found to be not in conformance with this standard, the ENGINEER shall, at the OWNER’s request, re-
perform the service at its own expense. Engineer shall also, at its own expense, make such changes, modifications or
additions to the project which are made necessary as a result of the initial non-performance or the re-performance of
services. The OWNER’s rights herein are in addition to any other remedies the OWNER may have under the law.
9.7 LEGAL RELATIONS:
9.7.1 The ENGINEER shall, consistent with the standard care, comply with those Federal, State, and Local
laws and ordinances applicable to the work to be done.
9.7.2 The ENGINEER agrees to defend, indemnify and hold harmless the OWNER, its officers, directors,
agents and employees from and against any suit, cause of action, claim, cost, expenses, obligation and liability of
any character, including attorney’s fees, which is brought or asserted for any bodily injury, death, or physical
damage to property received or sustained by any person, persons, property, business or any other entity, arising
out of or resulting from, or in connection with the ENGINEER’S negligent performance of the work specified in
this agreement.
9.7.3. The ENGINEER agrees to defend, indemnify and hold harmless the OWNER, its officers, directors,
agents and employees, should OWNER, its officers, directors, agents or employees be named as a defendant in
any action where the OWNER’S alleged liability arises from the negligent performance of the ENGINEER’S
work herein described. The obligations of the ENGINEER to defend, indemnify and hold harmless the OWNER
will apply to any suit, cause of action, claim, cost or obligation including, without limitation, those alleged under
the common law or pursuant to a federal or state statute or regulation including those arising in tort, trespass,
nuisance, and strict liability.
9.7.4 In the event the OWNER is found proportionately responsible for any damages ultimately awarded to a
plaintiff or plaintiffs in any lawsuit, the ENGINEER will be responsible for only those damages, costs, or
liabilities as are attributable to the ENGINEER’S percent of fault as compared with 100% of the fault giving rise
to the damages. Should the OWNER be found responsible for negligence by its own officers, directors, agents or
employees, then in that event the OWNER agrees to reimburse the ENGINEER for the reasonable attorney’s fees
and costs incurred in any defense of the OWNER in an amount proportional to the fault attributed to the
OWNER. The indemnity required herein shall not be limited by reason of the specification of any particular
insurance coverage in this Agreement.
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9.7.5 Should either OWNER or ENGINEER be held responsible, for any damages, costs or liabilities
resulting from intentional misconduct by any officer, director, agent or employee in connection with the work
specified in this Agreement, then in that event, that party shall indemnify and hold harmless the other as to any
damages, costs or liabilities that result from or arise out of that intentional misconduct, including reasonable
attorney’s fees and costs which shall include costs and salary of the city attorney or other in-house counsel.
Further, notwithstanding the obligations set forth in paragraphs 9.7.2 and 9.7.3 above, the ENGINEER agrees to
defend OWNER where the OWNER’S alleged liability arises from intentional misconduct by the ENGINEER.
Should the OWNER be found responsible for intentional misconduct by its own officer, director, agent or
employee, then OWNER agrees to reimburse ENGINEER for the reasonable attorney’s fees and costs incurred in
any defense of the OWNER.
9.7.6 The ENGINEER shall perform this agreement as an independent contractor, and as such, is responsible
to the OWNER only as to the results to be obtained in the work herein specified, and to the extent that the work
shall be done in accordance with the terms, plans and specifications. The ENGINEER shall have and maintain
complete control over all of its employees, subcontractors, agents and operations, being responsible for any
required payroll deductions and providing required benefits, such as, but not limited to worker’s compensation
with statutory limits, and unemployment insurance.
9.8 INSURANCE
The ENGINEER shall secure and furnish to the OWNER certificate of insurance, therein, naming the OWNER as an
additional insured, to include thirty (30) days notice of cancellation or non-renewal.
Without limiting any of ENGINEER's obligations hereunder, ENGINEER shall secure and maintain, until the work is
completed and accepted by the OWNER, insurance coverage naming the OWNER as additional insured with minimum
insurance coverage as follows:
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Type of Coverage Limits
Employers' Liability: $ 1,000,000. per accident
General Liability:
Bodily Injury & Property Damage
Single and combined $ 1,000,000. per accident
General Aggregate: $ 2,000,000.
Excess Liability Coverage (umbrella) $1,000,000. each occurrence
Automobile:
Bodily Injury covering all $ 1,000,000 each person
automobiles, trucks,
tractors, trailers, or $ 1,000,000 each occurrence
other automotive equip-
ment whether owned or
rented by Engineer or
owned by employees of
Engineer.
Property Damage covering $ 1,000,000 each occurrence
all automobiles, trucks,
tractors, trailers or other
automotive equipment whether
owned or rented by Engineer
or owned by employees of
Engineer
OR
Bodily Injury & Property $1,000,000 each occurrence
Damage Single and combined
In addition to the above insurance coverage, the ENGINEER shall secure and maintain, until the work is completed and
accepted by the OWNER, and without naming OWNER as an additional insured, professional errors and omissions
coverage as follows:
Professional Errors & Omissions: $ 1,000,000 per claim and
aggregate each occurrence
9.9 ENDORSEMENT
The ENGINEER shall place his endorsement on all drawings and other data furnished by him.
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9.10 OWNERSHIP OF DOCUMENTS
The parties admit and agree the documents produced under this agreement are not intended or represented to be suitable
for reuse by OWNER or any other individual on any other project. Any reuse without written verification or adaptation by
ENGINEER will be at OWNER’s sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER’s
independent professional associates or consultants. Files in electronic media format of text, data, graphics, or of other
types that are furnished by ENGINEER to OWNER are only for convenience of owner. Any conclusion or information
obtained or derived from such electronic files will be at the user's sole risk.
9.11 PUBLIC INFORMATION
The ENGINEER shall not issue any statements, releases or information for public dissemination without prior approval of
the OWNER.
9.12 PROPRIETARY RIGHTS
If patentable discoveries or inventions should result from work required herein, all rights accruing from such discoveries
or inventions shall be joint property of the ENGINEER and the OWNER. Provided that the OWNER, state agencies or
political subdivisions and the United States Government shall have the irrevocable, nonexclusive, nontransferable and
royalty-free license to use each invention in the manufacture, use and disposition, according to law, of any article or
material, and in the use of any method that may be developed as part of the work described and contemplated herein.
9.13 RECORDS
The ENGINEER shall maintain accounting records and other evidence pertaining to the cost incurred and to make the
records available at all reasonable times during the Contract term and for one (1) year from the date of final payment.
Such accounting records and other evidence pertaining to the cost incurred will be made available for inspections by
OWNER.
9.14 SUCCESSORS IN INTEREST
The covenants, agreements and all statements in this Contract apply to and shall be binding on the heirs, personal
representatives, successors and assigns of the respective parties.
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9.15 ATTORNEY'S FEES AND COSTS
That in the event it becomes necessary for either Party of this Contract to retain an attorney to enforce any of the terms or
conditions of this Contract or to give any notice required herein, then the prevailing Party or the Party giving notice shall
be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City
Attorney.
9.16 MODIFICATIONS AND AMENDMENTS
That any amendment or modification of this Contract or any provisions herein shall be made in writing or executed in the
same manner as this original document and shall after execution become a part of this Contract.
In witness Whereof, the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN, MONTANA ENGINEER
BY: BY:
(City Manager) (President)
DATE: DATE:
ATTEST:
BY:
(City Clerk)
November 8, 2022
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12/7/2022
Scope of Services | Bridger Creek
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Attachment A – Bridger Creek Flood and Erosion
Control Project Scope
Introduction
Beavers have created numerous impoundments on Bridger Creek adjacent to Boylan Road in
the Legends Subdivision. During high water events, the impoundments are causing the creek to
overtop in places it traditionally has not, which in turn is resulting in water discharging onto
Boylan Road. There is a side channel developing with a headcut that is migrating towards
Boylan Road. Removal or other action directed towards the beavers and impoundments are not
part of this project.
The following scope of work is to provide engineering services to the City of Bozeman (COB) for
design, permitting and construction services for protecting Boylan Road from the erosive forces
of Bridger Creek as well as mitigating the frequent overflow of Bridger Creek waters onto Boylan
Road. The goal of the project is to protect the integrity of Boylan Road and reduce the
frequency that flood waters access Boylan Road.
General Project Assumptions
·The following project assumptions were used in developing the scope of services.
·Project management effort is a function of the project duration and is based on an
anticipated Notice to Proceed in November of 2022, with work assumed to be
completed by December 30, 2023. Additional project coordination or an extended
project schedule may require a contract amendment.
·Project meetings have been included in the attached budget estimate. The scope of
services includes assumptions on the number of meetings, their duration, and effort
associated with preparing for meetings.
·All submittals will be electronic.
·Analysis and design of infrastructure not listed within this scope is not included in the
present scope.
·Preparation of bid documents, permit issuance, and construction oversight are not part
of the present scope.
Project Schedule
The project schedule is set with the goal that construction of this project will take place during
the fall/early winter of 2023.
DocuSign Envelope ID: D84D992E-7062-4C00-8249-E835C3E3D313
Scope of Services | Bridger Creek
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Assumptions:
·Notice to Proceed (NTP) will be received by HDR in November 2022.
Scope of Services
Task 1: Project Management and Quality Assurance/Quality
Control Services
Description of Work:
The scope, schedule, and budget will be monitored so that the project moves forward. Each
deliverable will be reviewed to verify work products meet the standard of care.
Sub Tasks:
1.1 - PROJECT MANAGEMENT & COORDINATION OF WORK
This task includes project management services during the entire life of the project, including:
·Monthly Invoicing and Monthly Progress Reports
·Project Delivery Administration: Budget & Schedule Controls
·Quality Assurance/Quality Control Services
o Review of each deliverable according to HDR’s quality management procedures.
o Quality Assurance/Quality Control is integrated into each deliverable’s budget.
Assumptions:
·Project management effort is a function of the project duration and is based on the
schedule included with this scope of services. NTP is anticipated in October 2022, with
participation assumed to be completed with project construction in December 2023.
Additional project coordination or an extended project schedule may require a contract
amendment.
Deliverables:
·Monthly invoice and project status updates.
Task 2: Data Collection
Description of Work:
Task includes topographic survey data collection and a wetland delineation for the project area.
Sub Tasks:
2.1 – TOPOGRAPHIC SURVEY
Topographic survey data will be collected for the project site and will include:
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Scope of Services | Bridger Creek
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·Records and research of Control;
·Mobilize to and from site;
·Setup Control or locate existing Control;
·Survey project site;
·Process field data;
·Create Civil 3D AutoCAD DWG digital and PDF files; and
·QA/QC
2.2 – WETLAND DELINEATION
A wetland delineation will be conducted for the project site. Wetland delineation will be in
accordance with the 1987 USACOE Wetland Delineation Manual, along with the appropriate
USACE Regional Supplement. Specific vegetation, soils, and hydrology data will be collected
during this survey and wetland determination data forms prepared. Wetland boundaries will be
walked and recorded using resource grade GPS equipment for the purpose of illustrating the
wetland boundaries.
Assumptions:
·COB will provide existing site information such as as-built, LiDAR data and utility
drawings, if available, free of charge to HDR.
·COB will provide available data to HDR within two (2) weeks of NTP.
·Topographic survey will be based on Montana State Plane NAD 83, NAVD88, Geoid 18;
·Accuracy required for the topographical survey is for a 2-foot interval.
·Topographic survey and wetland delineation extents include centerline of Boylan Road,
water’s edge of the beaver pond, and the main channel of Bridger Creek downstream of
existing head cut extending from approximately Medicine Wheel Lane to Atsina Lane.
·COB will obtain any required right of entry permissions for data collection.
Deliverables:
·AutoCAD .xml surface file detailing the survey extents
·Wetland data forms, maps and photos will be included as attachments to the
Alternatives Analysis (Task 3).
Task 3: Engineering Design
Description of Work:
Task includes an alternatives analysis, design and preparation of plans and specifications for
the proposed restoration work.
DocuSign Envelope ID: D84D992E-7062-4C00-8249-E835C3E3D313
Scope of Services | Bridger Creek
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Sub Tasks:
3.1 – ALTERNATIVES ANALYSIS
HDR will prepare a preliminary engineering report (PER) that presents a 10% design to assess
alternatives that meet the stated project objectives. The PER will include budgetary level
engineer’s opinion of probable construction cost (OPCC) for evaluation of relative costs and
permitting requirements for each alternative. Alternatives will include design components for
limiting water from Boylan Road and mitigation of erosion threat to Boylan Road. Task also
includes a PER Design Review Meeting.
Any opinions of probable project cost or probable construction cost provided by ENGINEER are
made on the basis of information available to ENGINEER and on the basis of ENGINEER's
experience and qualifications and represents its judgment as an experienced and qualified
professional engineer. However, since ENGINEER has no control over the cost of labor,
materials, equipment or services furnished by others, or over the contractor(s') methods of
determining prices, or over competitive bidding or market conditions, ENGINEER does not
guarantee that proposals, bids or actual project or construction cost will not vary from opinions
of probable cost ENGINEER prepares.
Assumptions:
·A site visit is included in the proposed budget.
·Alternative analysis will include up to two (2) options for reducing the frequency that
overflow water overtops Boylan Road and two (2) options for mitigation of erosion
threats to Boylan Road.
·All meetings are assumed to be virtual.
·No hydraulic modeling will be performed.
·COB will provide review comments within two (2) weeks of receiving documents.
·Design of utility relocation (if necessary) is not included.
·Services associated with Public Involvement is not included.
·Effort associated with additional design process beyond that of Task 3.2 (development of
plans and specs, permitting assistance, and construction oversight) will be scoped and
performed under a future amendment.
Deliverables:
·Alternatives Analysis Report (electronic PDF copy)
Budget
The proposed scope of work will be completed on a lump sum basis of $20,556.
DocuSign Envelope ID: D84D992E-7062-4C00-8249-E835C3E3D313
1 - Project Manager General - Dan March2 - Business Group Leader - Cora Revis3 - Quality Control Reviewer-Civil - Ben Fennelly4 - Wetland Specialist 3 - Mark Traxler5 - EIT Water Resources - Heather Nold6 - CADDTechnician Civil 3 - Heather Fancher7 - Quality Control Reviewer - Paden KaufmanTotal Budget
Task Task Description Status PJM15 MGT47 QCR10 SWE30 EWR10 CCI03
QCR10-
1
TOTAL
HOURS LABOR COSTS SUBCONTRACTOR EXPENSES TOTAL COST
1.1 Project Management .8 6 14 2,026$ ◄50$ 2,076$
Subtotal (excluding optional)8 0 0 0 0 0 6 14 2,026$ -$ 50$ 2,076$
2.1 Topographic Survey .2 2 4 573$ 3,950$ -$ 4,523$
2.2 Wetland Delineation .2 18 20 3,507$ ◄350$ 3,857$
Subtotal (excluding optional)4 0 0 18 2 0 0 24 4,080$ 3,950$ 350$ 8,380$
3.1.1 Alternatives Analysis .12 4 24 24 64 8,777$ ◄350$ 9,127$
3.1.2 Alternatives Analysis Review Meeting .2 4 6 772$ ◄100$ 872$
.-$ -$ 100$ 100$
.-$ -$ -$ -$
.-$ -$ -$ -$
Subtotal (excluding optional)14 0 4 0 28 24 0 70 9,549$ -$ 550$ 10,099$
26 0 4 18 30 24 6 108 15,656$ 3,950$ 950$ 20,556$
HDR
Task 1 Project Management and Coordination of Work
Task 2 Data Collection
Task 3 Engineering Design
Other Direct Costs
DocuSign Envelope ID: D84D992E-7062-4C00-8249-E835C3E3D313