HomeMy WebLinkAbout09- Stahly Engineering, Lower Yards Public Transportation repair and storage facility with HRDCPROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made as of this 30~' day of September, 2009, between THE CITY OF BOZEMAN, a
Municipal Corporation, Bozeman, Montana, 59715 (OWNER) and Stahly Engineering & Associates, Inc.,
7585 Shedhorn Drive, Bozeman, Montana, 59718 (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. The detailed description of the specific project components is described as follows:
City of Bozeman Lower Yards Shop Complex, consisting of an office/shop building that will be
shared with HRDC located on approximately 4 acres near the intersection of North Rouse Avenue
and Griffin Drive.
1.2. The scope of services under this contract is set forth in the attached Exhibit A.
1.3 The professional fee summary under this contract is set forth in the attached Exhibit B.
1.4 The reimbursable expense estimate under this contract is set forth in the attached Exhibit C.
1.5 The Geotechnical services under this contract are set forth in the attached Exhibit D.
1.6 The direct labor costs under this contract are set forth in the attached Exhibit E.
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 described herein. 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 standard of care per section 9.6..
2.5. The ENGINEER shall name aPrincipal-In-Charge for the duration of the project. The Principal-In-Charge
shall be Greg T. Benjamin, P.E.
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 Cordell Pool, P.E. 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, in applicable.
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 during DESIGN segment of the Project. The Task Director designated shall be
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 Refer to Exhibit A, Scope of Professional Services, which is attached hereto and made a part hereof.
4.2 Refer to Exhibit C, Reimbursable Expense Estimate, which is attached hereto and made a part hereof.
ARTICLE 5 -ADDITIONAL SERVICES
5. L 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
therefore as provided in the Agreement:
5.1.1. Legal land surveys performed to obtain data for preparing easements and rights-of--way
descriptions.
5.1.2. Preparation of applications and supporting documents for governmental agencies in addition to
those required under Basic Services; preparation or review of environmental studies and related services;
and assistance in obtaining environmental approvals.
5.1.3. Services resulting from significant changes in the general scope, extent or character of the Project
or major changes in documentation previously accepted by OWNER where changes are due to causes
beyond ENGINEER'S control.
5.1.4. Providing renderings or models.
5.1.5. Preparing documents for alternate bids requested by OWNER for work not executed or for out-of-
sequence work.
5.1.6. Providing other services not otherwise provided for in the 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.
5.1.8. Services listed as "Excluded Services" in Section 2 of Exhibit A attached hereto.
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 Basic Engineering Services under sections 4.1 of this agreement
pay a total sum in the amount of $35,322.00 for such services.
6.1.2 Payment Schedule. Total cumulative payments for the professional engineering services listed in
section 4.1 shall equal the amounts listed in Exhibit B and Exhibit C, which are attached hereto and made a
part hereof.
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 the Agreement.
6.1.4 Reimbursable Expenses. Only those expenses specifically identified for payment under section
6.1 of this Agreement are reimbursable. All other design related expenses are included in the Lump Sum
Payment for the Basic services (section 4.1), and are not separately reimbursable.
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 listed in Exhibit E attached hereto.
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 total
sum provided in section 6.1. 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 and the OWNER shall pay the portion of the bill not in 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 ofpre-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 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 9.1.1, 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 will not discriminate on the basis of race, color, religion, creed, political ideas, sex, age, marital
status, national origin or disability in employment or provision of services. 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.
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 of 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.
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 defend, indemnify and hold harmless
the other as to any damages, costs or liabilities that result from or arise out of that intentional misconduct,
including reasonable attorney's fees and costs which shall include costs and salary of the city attorney or
other in-house counsel. Further, notwithstanding the obligations set forth in paragraphs 9.7.2 and 9.7.3
above, the ENGINEER agrees to defend OWNER where the OWNER'S alleged liability arises from
intentional misconduct by the ENGINEER. Should the OWNER be found responsible for intentional
misconduct by its own officer, director, agent or employee, then OWNER agrees to reimburse ENGINEER
for the reasonable attorney's fees and costs incurred in any defense of the OWNER.
9.7.6 The ENGINEER shall perform this agreement as an independent contractor, and as such, is
responsible to the OWNER only as to the results to be obtained in the work herein specified, and to the
extent that the work shall be done in accordance with the terms, plans and specifications. The ENGINEER
shall have and maintain complete control over all of its employees, subcontractors, agents and operations,
being responsible for any required payroll deductions and providing required benefits, such as, but not
limited to worker's compensation with statutory limits, and unemployment insurance.
9.8 INSURANCE
The ENGINEER shall secure and furnish to the OWNER certificate of insurance, therein, naming the OWNER as an
additional insured, to include thirty (30) days notice of cancellation or non-renewal.
Without limiting any of ENGINEER's obligations hereunder, ENGINEER shall secure and maintain, until the work
is completed and accepted by the OWNER, insurance coverage naming the OWNER as additional insured with
minimum insurance coverage as follows:
Type of Coverage
Employers' Liability:
General Liability:
Bodil}_Injury & Property Damage
Single and combined
General Aggregate:
Excess Liability Coverage (umbrella)
Automobile:
Limits
100 000. per accident
$ 1,000,000. per accident
$ 2,000,000.
$1,000,000. each occurrence
BodilyInjury covering all
automobiles, trucks,
tractors, trailers, or
other automotive equip-
ment whether owned or
rented by Engineer or
owned by employees of
Engineer.
Property Damage covering
all automobiles, trucks,
tractors, trailers or other
automotive equipment whether
owned or rented by Engineer
or owned by employees of
Engineer
$ 1,000,000 each person
$ 1,000,000 each occurrence
100 000 each occurrence
OR
Bodily Injury & Property
Damaee Single and combined
$1,000,000 each occurrence
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.
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.
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
~,
BY.
(City Manager)
ENGINEER
BY:
Greg T. Be 'min, P.E. - mcipal
DATE: ~ ~ ~ S ~ `
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Exhibit A
Stahly Engineering & Associates, Inc. Scope of Professional Services for:
City of Bozeman -Lower Yards Shop Complex
1. Professional Services
Task Description
0001 Survey -Topographic Base Mapping: Complete topographic map to
delineate sewer grades, water line sizes, and existing easements
based on title records.
0002 Civil -Improvement Plans: Provide the professional consulting services to
originate improvement plans for the project, including the following:
Grading Plan. Integral to the grading plan is finish floor elevations
of buildings. This ensures compatibility with access, storm water
drainage and future construction. Setting of finish floor elevations
will be a coordinated effort between the engineer and architect.
Design items and details are:
• Finish contour elevations (1-foot intervals) for all parking lots
and access roads;
• Typical gravel and pavement section for parking lots;
• Verification of vehicle turning movements.
Access Roads. The site will be served by two access roads. The
south access road is very near an existing approach on Rouse Ave,
Consultant has based this scope of work upon the assumption that a
new encroachment permit from MDOT will be required for this
approach. The north access onto Griffin Drive requires fill within a
FEMA designated 100-yr floodplain, Consultant has based this scope of
work upon the assumption that a Floodplain Development permit will be
required. Access road design will include:
• Typical gravel access road street section with no curb and
gutter or sidewalk;
• Details of approach paving and radii connections onto Rouse
and Griffin.
Signing and Pavement Marking Plan.
• Stop signs and street signs at approach locations;
• Dimensioned plan of all parking lot striping.
Storm Water Drainage. Based on the size of the site and the relatively
flat grades, it is anticipated that underground storm water drainage
piping will be necessary. Consultant has based this scope of work
upon the assumption that the north end of the project site will be used
for a Stormwater detention basin. Stormwater drainage reporting and
design will include:
• Storm water report identifying pre vs. post development run-off
conditions and amount of required detention volume;
Exhibit A -Professional Services April 9, 2009
City of Bozeman -Lower Yards Shop Complex Page 1 of 5
Task Description
Underground storm water collection and piping design;
Detention basin detailing and outlet control;
Coordinate roof drain locations with architect;
Wet Utilities Design and Dry Utilities Coordination. Water and
sewer service locations will be coordinated with the design
professional. Based on size requirements calculated by the mechanical
designer, water, fire, and sewer service connection to mains in Rouse
will be designed. Underground power will be coordinated with the
architect and others and the tentative routing locations can be shown
on the water/sewer service plan.
It should be noted that based on records it appears that the
existing water main on-site is 4" and may not adequate capacity
to serve the building needs or fire protection. A water main
extension may be desired by the Owner and design of this work
will be performed as an additional out-of-scope work item.
While it may be feasible to serve this building with a service
from the sewer main in Rouse Avenue, it should be noted that a
sewer service can only serve one building. A sewer main
extension may be desired by the Owner to provide service to
future buildings on the site. Design of this work will be
performed as an additional out-of-scope work item.
Cost Estimating. Provide the professional consulting services to
originate a total of two (2) opinions of probable cost for project,
including: one (1) at the preliminary plan issue, and one (1) at the final
plan issue.
MDOT Encroachment Permit Processing. Provide the professional
consulting services to assist the City of Bozeman and Dowling
Sandholm Architects with the processing of an encroachment permit for
the new access onto North Rouse Avenue.
Floodplain Development Permit Processing. Provide the
professional consulting services to assist the City of Bozeman and
Dowling Sandholm Architects with the processing of a floodplain
development permit for the north access road onto Griffin Drive.
0003 Civil -MDEQ Storm Water Pollution Prevention Plan (SWPPP): Provide
the professional consulting services to originate a SWPPP for the project,
including the following:
• Originate the Notice of Intent (NOI) for the project;
• Originate the SWPPP, including a USGS site map and SWPPP
applicable grading and drainage plan containing recommended Best
Management Practices (BMP's);
• NOI and SWPPP submittal to the MDEQ Water Protection Bureau
(WPB);
• Originate and submit Notice of Termination (NOT) to the MDEQ WPB
subsequent to construction activities and permanent stabilization of the
site.
Exhibit A -Professional Services April 9, 2009
City of Bozeman -Lower Yards Shop Complex Page 2 of 5
Task Description
0004 Civil -Specifications: Provide the professional consulting services to
originate specifications for the civil portions of the project, including: Originate
specifications for the various civil engineering works for incorporation into the
architect's contract specifications package. Montana Public Works Standard
Specifications (MPWSS) and the City of Bozeman modifications to MPWSS
will be used as the base specification.
0005 Construction Engineering: Assist architect in preparation of bid documents,
including a quantity estimate. Attend apre-bid conference and respond to
Contractor questions. Review Contractor materials submittals and attend a
preconstruction meeting.
The following scope of work is proposed for engineering services during
construction. Construction staking and materials testing are envisioned to be
provided by the Contractor. From time to time the Consultant will be required
to clarify project requirements for the Contractor, and field visits will be required
to inspect the work. Because there are no main extensions or city streets, full
time inspection is not proposed.
• Three field inspections are proposed for the project grading. One at the
initial stages, one at completion of gravel surfaces, and one during
paving.
• Three field inspections are proposed for the water and fire service lines.
One at the connection to the main, one near completion of the service,
and one for pressure testing.
• Two field inspections are proposed for the sewer service. One at the
connection to the main, and one at completion of the service.
• Four field inspections are proposed for the storm drainage. One at the
initial stages, one near completion of the storm sewer, one near
completion of the detention basin, one near the completion of the outlet
structure.
• A final field inspection to develop a punch list is proposed.
Upon project completion record drawings will be provided.
0006 Meetings: Attend up to five (5) meetings as requested by the Client and/or
Client's representatives, Consultant anticipates the meetings will consist of the
following: attendance at two (2) planning meetings by Senior Project Engineer;
and attendance at three (3) design meetings by Senior Project Engineer and
Design Engineer.
2. Excluded Services:
Consultant has discussed the risks and rewards with Client regarding Consultant providing
the following services, and Client has directed Consultant to specifically exclude the
following services from Consultant's scope of Professional Services:
A. Monumentation or replacement of survey corners for the subject property;
B. Design, plan and profile of off-site improvements, including roads and wet and
dry utilities;
C. Floodplain Studies or Hydraulic Calculations;
Exhibit A -Professional Services April 9, 2009
City of Bozeman -Lower Yards Shop Complex Page 3 of 5
D. Traffic studies;
E. On-site water and sewer main extensions, including but not limited to design
reports and submittals;
F. Regulatory agency review, submittal or administrative fees;
G. Construction staking and materials testing;
H. Additional meetings above and beyond the meetings listed in the scope of
Professional Services listed above.
Exhibit A -Professional Services April 9, 2009
City of Bozeman -Lower Yards Shop Complex Page 4 of 5
3. Deliverables
Task Deliverables
0001 Topographic base map in digital and hardcopy formats.
0002 Improvement plans, including: cover sheet; overall site plan; sections and
details; grading and drainage plan; water and sewer service plan(s); drainage
report; a total of two (2) opinions of probable cost issued at: 1) preliminary plan
issue; and 2) final plan issue.
0003 NOI, SWPPP and NOT.
0004 Specifications for the civil aspects of the project improvements to be included
in the project Manual (by others).
0005 Record Drawings will be provided upon completion of the project.
0006 Meeting attendance at the five (5) meetings listed in Section 1 above.
Exhibit A -Professional Services April 9, 2009
City of Bozeman -Lower Yards Shop Complex Page 5 of 5
Exhibit B
Stahly Engineering & Associates, Inc. Professional Services Fee Summary for:
City of Bozeman -Lower Yards Shop Complex
Task Description Fee Terms
0001 Survey -Topographic Base Mapping - 10% remaining 690.00 LS ~'~
0002 Civil -Improvement Plans 14,580.00 LS
0003 Civil - MDEQ SWPPP 1,000.00 LS
0004 Civil -Specifications 2,200.00 LS
0005 Civil -Construction Engineering 7,600.00 LS
0006 Meetings 2,400.00 T&M-NTE c2>
Total Lump Sum Proposal = $26,070.00
Total T&M Not to Exceed (NTE) Proposal = $2,400.00
28,470.00
Notes:
(1) Lump Sum (LS)
(2) Time & Materials -Not to Exceed (T&M-NTE)
Exhibit B -Professional Fee Summary September 30, 2009
City of Bozeman -Lower Yards Shop Complex Page 1 of 1
Exhibit C
Stahly Engineering & Associates, Inc. Reimbursable Expense Estimate for:
City of Bozeman -Lower Yards Shop Complex
Description Expenses
Subcontract - Geotechnical Engineering Services (see Exhibit D) 6,640.00
Mileage 212.00
Total Estimated Reimbursable Expenses = $6,852.00
Exhibit C -Reimbursable Expense Estimate September 11, 2009
City of Bozeman -Lower Yards Shop Complex Page 1 of 1
exhibit D
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June 27, 2008
Stately Engineering and Associates, Inc.
3530 Centennial Drive
Helena, MT 59601
Attn: Mr, Byron Stately
~: Cost Estimate for City of Bozeman Lower Yards Shop Complex
Byron:
It is with pleasure that I offer this proposal to provide geotechnical services for the City of Bozeman
Lower Yards Shop Complex. Piedmont Engineering has provided geotechnical services in the Bozeman
area since 1998 and I have been providing geotechnical services throughout the United States for over 27
Y~• Our facility is located in Belgrade, Montana and we operate two (7ardner Denver air powered
drifter drills for quick drilling of anchor holes in rock, a TEI Hydraulic drifter and Chemgrout grouting
plant for placing soil nails and anchors in soil and rock, a track mounted Mobile B-50 for augers, casing
advanced, ODEX; or core drilling; a skid mounted B-40 that is moved with our track mounted Caterpillar
skid steer or on a one-ton truck, and a Longyeartrack-mounted core drill. We are also certified to install
Chase Helical piers using either our Caterpillar 312CL excavator or our track-mounted Caterpillar 272
skid steer. At the Bozeman Lower Yards site we will provide the excavation services for the test pits to
eliminate the need to coordinate an excavation subcontractor. We have an in house geotechnical
.laboratory that includes testing ability for all normal geotechnical testing including triaxial testing, direct
shear testing, rigid-walUflexible-walUflow pump permeability testing, aggregate testing, and field
compaction testing using nuclear methods,
Based on the scope of the geotechnical investigation outlined in the RFP we would expect that two days
of field time would be required for one field person and an excavator due to the. need to dig slowly
because of potential utilities, buried tanks, overhead wires etc. We would assume that we would identify
locations for test pits and have the City of Bozeman provide and mark all utility locates in the area of the
test pits. We anticipate performing approximately two consolidation and/or collapse tests on wetting to
determine settlement potential of future foundations. In addition, we would expect that at least two
unconfined compression tests may be necessary in the expected fine-grained near surface materials. We
have budgeted for one CBR multiple point test to determine subgrade requirements for pavement. It is
anticipated that we will encounter fine-grained silts and clays over a dense alluvial gravel and is the
reason we are not drilling this site. It would appear that foundation loads will likely be relatively light
based on the RFP and that some use of structural slabs may be considered for foundations. Bearing loads
are expected to be relatively light. Piezometers will be installed in all test pits to monitor water levels.
Based on this information the following costs are anticipated:
1215 A£PL8'S W,4y email• cede
BEr.G~tnnS, MorrrgNp 59714 ' P ngmeenng@gwest.net PHOr~e: (406) 388-8578
FAx:(406)388-8579
' ~~~
Field Engineer $1440
Excavator and Mob/Demob $2000
Laboratory Testing $1200
Report Preparation 2000
Total Bid $6640
If an excavator or backhoe can be supplied by the City Of Bozeman the fee will be reduced by $2000 to
$4640. If site inspection services during construction are required they can be provided by myself at the
rate of $92/hour or by a staff engineer at $72/hour.
We have assumed that Stahly Engineering will provide us with AutoCad drawings to allow for the
creation of a site plan. On this project we intend to approach the geotechnical report as a final report that
is satisfactory for anticipated the future design. However, as with all geoteclinical investigative work
there is a potential that unforeseen conditions may be encountered that will require additional work or
investigation that is not included in this cost estimate.
We hope that this satisfies your desires and look forward to working with you on this project.
Sincerely,
P,~ ¢. ~.C.~I
Patrick Redmond, PE
Geotechnical Engineer, Principal
121 S APPLE'S WAY email: piedengineering@gwest.net pxONE: (406) 388-8578
BELGRADE, MOt1TANA 59714 FAX: (4U6) 388-8579
Exhibit E
Stahly Engineering 8~ Associates, Inc. Direct Labor Costs for:
City of Bozeman -Lower Yards Shop Complex
2008 Rates
LABOR
DESCRIPTION
RATE/HOUR LABOR
DESCRIPTION
RATE/HOUR
Professional En ineer 1 $ 85.00 En ineer Intern 1 $ 63.00
Professional En ineer 2 $ 90.00 En ineer Intern 2 $ 68.00
Professional En ineer 3 $ 95.00 En ineer Intern 3 $ 72.00
Professional En ineer 4 $ 100.00 Ins ector 1 $ 66.00
Professional En ineer 5 $ 110.00 Ins ector 2 $ 72.00
Professional En ineer 6 $ 115.00 Ins ector 3 $ 77.00
Princi al $ 120.00 Ins ector 4 $ 90.00
Structural En ineer 1 $ 90.00 Planner 1 $ 63.00
Structural En ineer 2 $ 95.00 Planner 2 $ 69.00
Structural En ineer 3 $ 105.00 Planner 3 $ 74.00
Structural En ineer 4 $ 115.00 Professional Land Surve or 1 $ 80.00
Technical Desi ner 1 $ 65.00 Professional Land Surve or 2 $ 85.00
Technical Desi ner 2 $ 72.00 Professional Land Surve or 3 $ 90.00
Technical Desi ner 3 $ 78.00 Professional Land Surve or 4 $ 95.00
Senior Desi ner $ 88.00 Professional Land Surve or w/GPS $ 110.00
CADD Technician 1 $ 50.00 Crew Chief with E ui ment $ 90.00
CADD Technician 2 $ 60.00 Surve Technician 1 $ 60.00
CADD Technician 3 $ 66.00 Surve Technician 2 $ 65.00
CADD Technician 4 $ 71.00 *2 Person Surve Crew $ 132.00
CADD Mana er $ 81.00 *3 Person Surve Crew $ 165.00
Environmental S ecialist 1 $ 60.00 Field Technician 1 $ 60.00
Environmental S ecialist 2 $ 66.00 Field Technician 2 $ 65.00
Environmental S ecialist 3 $ 72.00 Administrative Assistant 1 $ 40.00
En ineerin Technician 1 $ 45.00 Administrative Assistant 2 $ 45.00
En ineerin Technician 2 50.00 Administrative Assistant 3 60.00
UNIT
DESCRIPTION
RATE
Milea e $ .58/Mile
ATV Da $ 50.00/Da
CADD Plots - 11 x 17 $ 1.00/Plot
CADD Plots - 24 x 36 $ 4.00/Plot
Blue-Lines 24 x 36 $ 2.00/Sheet
Blue-Lines 24 X 18 $ 1.00/Sheet
Co ies - 81/2 x 11 $ .10/Co
Co ies - 11 x 17 $ .15/Co
Laser Prints - 8 1/2 x 11 $ .15/Co
Laser Prints - 11 x 17 $ .25/Print
Per Diem 36.00/Da
*Combined Crew Rate