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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Dustin Johnson, Project Engineer
Natalie Meyer, Grants & Climate Coordinator
Richard Hixson, City Engineer
Chuck Winn, Assistant City Manager
SUBJECT: Professional Services Agreement for
Environmental Assessment (EA) for Downtown Explosion Site
MEETING DATE: March 29, 2010
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Consider a motion to approve a Professional Services Agreement
with Renewable Technologies, Inc. to complete the EA for the Downtown Explosion Site in
order to fulfill our environmental review requirements under the Housing and Urban
Development (HUD)-Economic Development Initiative (EDI) grant program.
BACKGROUND: On December 15, 2009, the Department of Transportation and Housing
and Urban Development, and Related Agencies Appropriations Act of 2010 was signed into law.
The Act includes $974,000 for the City of Bozeman “for reconstruction following an explosion
in a downtown historic district.” The grant will be provided through Housing and Urban
Development’s Economic Development Initiative (HUD-EDI) special purpose grant program. Of
the $974,000 grant, HUD retains 0.59 percent for administration, thus the City of Bozeman will
be awarded $968,253. The 2010 grant guidelines have not yet been released, but we understand
through communication with HUD that June 2010 is the earliest possible date for award.
On March 8, 2010, the City Commission approved a motion to allocate our HUD-EDI grant for
the downtown explosion site to the following projects:
1. $768,654 – F& H Building 3rd Floor Addition
2. $184,600 – Alleyway Improvements
3. $14,999 - Environmental Assessment
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Housing and Urban Development Grant Conditions:
The EDI special purpose grant program is administered by the Economic Development Office,
Congressional Grants Division. As part of the application process, an environmental review is
mandated by the National Environmental Policy Act of 1969 (NEPA). HUD regulations,
contained at 24 C.F.R . Part 58, require that the environmental review must be completed prior to
release of funds.
According to Part 58.30, the environmental review process should begin as soon as a recipient
determines the projected use of HUD assistance. We will submit a single coordinated project
description for a single environmental review. Federal environmental reviews are tailored to
investigate areas of potentially adverse environmental impacts. Some key items of consideration
regarding the project description are the overall physical area impacted by the event and the type
of work involved (i.e. demolition, replacement construction, etc.). The Environmental Review
for the downtown explosion site is expected to have a significant emphasis Section 106 of the
National Historic Preservation Act (NHPA), which requires federal agencies to take into account
the effects that their federally funded activities and programs have on significant historic
properties.
Our HUD Field Environmental Officer has determined that the environmental review will need
to include the entire destroyed area within its scope of work and an Environmental Assessment
(EA) level of review will be required because of the scale of the affected area. An Environmental
Assessment is used to determine if we will receive a Finding of No Significant Impact (FONSI)
or if we will be required to do a full Environmental Impact Statement (EIS).
The responsible entity (City of Bozeman) may provide the information for the Environmental
Assessment. HUD suggests this takes approximately 60 days to compile. Following completion
of the Environmental Assessment, there is a minimum 30 day public comment period. In total,
the complete Environmental Assessment may take a total of 90 days, and potentially more if the
project receives a high volume of comments. Any changes in the scope of work may require a re-
evaluation of the Environmental Assessment.
Given the City Commission’s desire to commit HUD funds during the 2010 construction season,
we sought a professional contractor to conduct the Environmental Assessment to ensure the
review is completed in less than 90 days. Our goal is to receive environmental clearance from
HUD by June 1, 2010. Contracting for the environmental review is an allowable cost under the
HUD-EDI grant. We may incur costs for professional services under the grant if a) professional
services total less than 20 percent of the total grant award, and b) we are confident the cost falls
within the expressed intent of the Appropriations Act. We estimated that $15,000 of grant funds
should be budgeted for this expense.
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Procurement Process:
The City of Bozeman purchasing policy requires that at least three separate proposals are sought
for a professional services contract of this size. Since the contract is under $20,000 a full
Request for Qualifications (RFQ) is not required. Staff spoke with three different firms about
this project and received two proposals.
Renewable Technologies from Butte was selected for this contract because of their experience
with projects of this nature. Renewable Technologies also chose to team up with Robert Peccia
and Associates for this project in the event any engineering is required. Finally, Renewable
Technologies proposal came in within the budget and anticipates a 30-day schedule for
preparation of the EA document.
FISCAL EFFECTS: Grant funding will be used to complete the Environmental
Assessment. Considerable staff time may be used to administer this contract and grant; however,
the contract will enable us to move forward with the grant-funded downtown construction
projects in a timely manner.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Professional Services Agreement
Report compiled on: 3/23/10
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PROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made as of , between THE CITY OF BOZEMAN, a Municipal
Corporation, Bozeman, Montana, 59715 (OWNER) and Renewable Technologies, Inc. (RTI), 8 W. Park
Street, Suite 313, Butte, Montana, (CONTRACTOR).
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 CONTRACTOR to provide necessary and professional
engineering services for the project.
Whereas the CONTRACTOR represents that it is willing and qualified to perform the professional 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 - CONTRACTORING SERVICES
1.1. The detailed description of the specific project components is described as follows:
Complete an Environmental Assessment (EA) for the north side of the 200 and 300 blocks of East Main Street,
the site of the March 5, 2009 explosion and fire. The project boundaries are better defined as the north side of
Main Street between Rouse Avenue and Bozeman Avenue including the full length of the alley between the
Main Street and Mendenhall Street, the rights of way of Bozeman Avenue and Rouse Avenue from Main Street
to the alley, and any structure or former structure in the block bounded by Main Street, Mendenhall Street, North
Bozeman Avenue, and North Rouse Avenue that was impacted.
The project components are more specifically described in RTI’s proposal letter to the City of Bozeman dated
March 16, 2010, and incorporated into this Agreement as Appendix “A.”
ARTICLE 2 - CONTRACTOR'S RESPONSIBILITIES
2.1. CONTRACTOR shall perform for OWNER professional 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 representative for the Project, providing professional consultation and advice and furnishing customary
services incidental thereto.
2.2. The CONTRACTOR shall furnish all labor, materials, equipment, supplies, and incidentals necessary to conduct
and complete the CONTRACTOR'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 CONTRACTOR 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 CONTRACTOR'S work shall be in accordance with the standards of sound professional practices.
2.5. The CONTRACTOR shall name a Principal-In-Charge for the duration of the project. The Principal-In-Charge
shall be Mark Hufstetler.
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2.6. The CONTRACTOR shall name a Project Manager who shall be the liaison between the CONTRACTOR and
the OWNER. The Project Manager shall be Mark Hufstetler . The OWNER may name a Task Director who would be the
liaison between the CONTRACTOR and the OWNER during the design segment of the Project.
2.7. The CONTRACTOR 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 CONTRACTOR and the OWNER
during the Project. The Task Director designated shall be Dustin Johnson.
3.2 The OWNER shall have the right of review and examination of the CONTRACTOR'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 shall attend any necessary job related meetings, substantial completion inspections and final
payment inspections.
ARTICLE 4 - BASIC CONTRACTED SERVICES
The CONTRACTOR shall render professional Services as follows:
4.1 See Appendix “A” of this Agreement.
4.2. PROJECT DOCUMENTATION. CONTRACTOR shall furnish OWNER with - See Appendix “A” of this
Agreement.
ARTICLE 5 - ADDITIONAL SERVICES
5.1. If OWNER wishes CONTRACTOR to perform any of the following Additional Services, OWNER shall so
instruct CONTRACTOR in writing, and CONTRACTOR 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
CONTRACTOR's control.
5.1.4. Providing renderings or models.
5.1.5. Providing other services not otherwise provided for in the Agreement, including services normally
furnished by the OWNER as elsewhere herein described.
5.1.6. Furnishing the services of independent professional associates or consultants for other than Basic
Services.
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5.2. When required by the Contract Documents in circumstances beyond CONTRACTOR's control,
CONTRACTOR 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 CONTRACTOR will be paid
therefore 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 Reporting 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.
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 CONTRACTING SERVICE
6.1 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF CONTRACTOR
6.1.1 Payment. The OWNER shall, for Basic Contracting Services under sections 4.1 through 4.3 of this
agreement, pay a total sum in the amount of $14,310.52 for such services.
6.1.2 Payment Schedule. Total cumulative payments for the design phase engineering services (sections 4.1
through 4.4) shall not exceed the following ceilings:
$10,017.36 (70 % of contracting fee) on submittal of the final EA to the OWNER, at the beginning of
the required public comment period.
6.1.3 General. CONTRACTOR shall submit one final lump sum statement for services rendered.
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 CONTRACTOR.
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 $14,310.52 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 CONTRACTOR's
Direct Labor Cost times a factor of 2.75 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 project that it becomes apparent that the Services
rendered under this Agreement will exceed the negotiated compensation for these services, and prior to
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performing services in excess of the contract ceiling, the CONTRACTOR shall give OWNER written
notice thereof. Promptly thereafter OWNER and CONTRACTOR shall review the scope and progress
of the project work. CONTRACTOR 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 CONTRACTOR is entitled to additional compensation,
OWNER and CONTRACTOR may negotiate terms as provided under 6.2.1.1. The amount and terms
of any additional compensation under 6.2.1.1 or 6.2.1.3 shall be negotiated and agreed in writing
pursuant to 9.16.
6.2.1.3 Costs Exceeding Estimated Compensation. Except as allowed under 5.2.1, when the total cost
of the original scope Construction Phase and Project Documentation Services exceeds the negotiated
compensation for these services, the OWNER shall pay only for the direct costs incurred in excess of
the estimated compensation. These costs consist of an amount equal to the CONTRACTOR'S Direct
Labor Cost times a factor of 2.75 for services rendered which shall include Direct Labor, the federally
audited payroll Direct Labor Overhead, and General & Administrative Overhead costs, but shall not
include any allowance for profit.
6.2.2 The OWNER shall pay an amount for Additional Services rendered by the CONTRACTOR and
approved in writing by the OWNER on the basis of the CONTRACTOR'S Direct Labor Costs times a factor of
2.75, 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 DIRECT LABOR COSTS. Direct Labor Costs used as a basis for payment mean the actual salaries and wages
paid to all CONTRACTOR'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 CONTRACTOR maximum billable Direct Labor Costs are:
Principals $ 22.75 /hour
GIS Technician $ 13.95 /hour
7.3 REIMBURSABLE EXPENSES. Reimbursable Expenses mean the actual expenses incurred by
CONTRACTOR or CONTRACTOR'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 CONTRACTOR by special consultants employed by CONTRACTOR 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. CONTRACTOR 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 CONTRACTOR in writing within ten (10) calendar days of the
receipt of bill of the dispute.
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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 CONTRACTOR 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, CONTRACTOR also will be reimbursed for the charges of pre-approved independent professional associates
and consultants employed by CONTRACTOR 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, CONTRACTOR 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 CONTRACTOR.
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 CONTRACTOR at the time of termination may be
adjusted to cover any additional costs to the OWNER because of the CONTRACTOR'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 CONTRACTOR for services rendered and expenses incurred prior to the termination,
in addition to termination settlement costs reasonably incurred by the CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR 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
CONTRACTOR'S data, recommendations, plans, specifications, analysis and other related documents prepared
by the CONTRACTOR 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 CONTRACTOR hereunder shall be made available to
the OWNER, or their authorized representatives, for audit and review, at the CONTRACTOR'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 CONTRACTOR warrants that he has not employed or retained any company or persons,
other than a bona fide employee, working solely for the CONTRACTOR, 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 CONTRACTOR,
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
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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 CONTRACTOR or other persons while engaged in the performance of work or services required by
the CONTRACTOR shall be considered employees of the CONTRACTOR only and not of the OWNER.
9.4 NONDISCRIMINATION. The CONTRACTOR 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
CONTRACTOR shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
9.5 SUBLETTING OR ASSIGNING OF WORK. The CONTRACTOR 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 CONTRACTOR 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
CONTRACTOR shall, at the OWNER’s request, re-perform the service at its own expense. CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR’S negligent performance of the work
specified in this agreement.
9.7.3. The CONTRACTOR 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
CONTRACTOR’S work herein described. The obligations of the CONTRACTOR 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 CONTRACTOR will be responsible for only those damages, costs, or
liabilities as are attributable to the CONTRACTOR’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 CONTRACTOR 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 CONTRACTOR 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
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CONTRACTOR agrees to defend OWNER where the OWNER’S alleged liability arises from intentional
misconduct by the CONTRACTOR. Should the OWNER be found responsible for intentional misconduct by its
own officer, director, agent or employee, then OWNER agrees to reimburse CONTRACTOR for the reasonable
attorney’s fees and costs incurred in any defense of the OWNER.
9.7.6 The CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR's obligations hereunder, CONTRACTOR 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 Limits
Employers' Liability: $ 100,000 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 & Property $1,000,000 each occurrence
Damage Single and combined
In addition to the above insurance coverage, the CONTRACTOR 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: $ 500,000 per claim and
aggregate each occurrence
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
CONTRACTOR will be at OWNER’s sole risk and without liability or legal exposure to CONTRACTOR, or to
CONTRACTOR’s independent professional associates or consultants. Files in electronic media format of text, data,
graphics, or of other types that are furnished by CONTRACTOR 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 CONTRACTOR shall not issue any statements, releases or information for public
dissemination without prior approval of the OWNER.
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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 CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR
BY: BY:
(City Manager) (Project Manager)
DATE: DATE:
ATTEST:
BY:
(City Clerk)
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Renewable Technologies, Incorporated
Metals Bank Building 8 W. Park Street, Suite 313 Butte, Montana 59701 406.782.0494
March 16, 2010
Dustin Johnson, PE
Project Engineer
City of Bozeman
P.O. Box 1230
Bozeman, Montana 59771
Dear Mr. Johnson:
In response to our recent discussions, I’m very pleased to provide the City of Bozeman
with this brief proposal for the completion of an Environmental Assessment (EA) that
will examine the area impacted by the Main Street explosion and fire of March 5, 2009.
RTI’s cost estimate for this project is $14,310.52, as detailed in the attached budget.
For this project, RTI has assembled a team of highly qualified individuals with
substantial local experience, who are uniquely positioned to complete this project in a
timely, professional, and cost-effective manner. Throughout the process, we will work
closely with both HUD and the City of Bozeman to ensure the smooth and thorough
completion of all required documentation. Our team is prepared to begin quickly, and
operate with the efficiency and flexibility needed complete a thorough and well-regarded
document within the tight time constraints of the project.
The remainder of this letter is divided into two sections. The first paragraphs provide
brief background on the firms involved in this proposal, and the qualifications of the
assigned staff. This is followed by a brief overview of proposed project methodology
and expected results. Additional information on these or other topics will be readily
provided on request.
1. Corporate and personal qualifications: Work on this project will be allocated
between two highly qualified and experienced Montana firms: Renewable Technologies,
Incorporated (RTI) and Robert Peccia & Associates (RPA). RTI is a cultural resources
consulting firm that has been in existence since 1989 and is strongly familiar with
Bozeman’s historic resources. Since the largest component of this EA is expected to
address cultural resource issues, RTI will be the primary author of the document. RPA,
one of Montana’s most experienced engineering and environmental services firms, will
consult with RTI on all aspects of the report not related to cultural resources. Brief
background information on the firms, and the primary individuals who will be assigned to
the project, are provided below.
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Dustin Johnson
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Renewable Technologies, Inc. is a small, Montana-based business that offers a full range
of services for the survey, evaluation, documentation, and preservation of cultural
resources. Operating in its current form since 1989, RTI has completed a wide variety of
historic preservation projects throughout the Northern Plains and Rocky Mountain states.
Most of these projects have been prepared for governmental agencies with cultural
resource management responsibilities. Documents produced by RTI include survey
reports, determinations of eligibility, impact assessments, National Register of Historic
Places documentation, and other compliance and mitigation documents. RTI also
specializes in documentation meeting the standards of the Historic American Buildings
Survey (HABS) and the Historic American Engineering Record (HAER). The company
has successfully administered and completed contracts in excess of $400,000.
RTI has a particularly strong background in the architectural history of the City of
Bozeman and of Montana, and we have successfully evaluated the historic significance of
hundreds of buildings and structures in the state. We are particularly familiar with
Bozeman’s history and history and historic resources, and have completed several local
projects, working both for the City of Bozeman and the Montana Department of
Transportation. Included among those projects were a revised architectural history of the
city, and an inventory and evaluation of buildings on North Rouse Avenue – including
properties within the boundary of the proposed EA study.
Mark Hufstetler will serve as RTI’s Principal Investigator for this project, and will be the
primary author of the EA document. Mr. Hufstetler holds a Masters Degree in History
from Montana State University, and has been a principal with RTI since 1990. Over the
past 20 years, he has supervised literally dozens of RTI projects involving the
identification and evaluation of cultural resources, including many in the state of
Montana. A number of these projects have been undertaken to assist governmental
agencies and others in their efforts to comply with federal environmental and cultural
resource regulations. These projects have given him a strong familiarity with both
Montana history and architecture, and the requirements of federally mandated
compliance projects.
Mr. Hufstetler has been a Bozeman resident since 1983, and he has strong professional
and avocational interests in the architectural history of the city. Working with RTI, he
served as the lead author of an expanded architectural history of Bozeman, prepared
under contract for the City. He has also completed a number of architectural evaluations
in Bozeman and the surrounding area, working under contract to the Montana
Department of Transportation (MDT) and others. Included among these projects was an
evaluation of buildings along North Rouse Avenue, which included some properties
within the EA area. Mr. Hufstetler is also an active volunteer member of the Bozeman
Historic Preservation Advisory Board, and currently serves as its chair.
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Mitzi Rossillon, also a principal with RTI, will work with Mr. Hufstetler on the cultural
resource portions of the EA. Ms. Rossillon is an historic archeologist with over 20 years
of professional experience with RTI and has also prepared a wide variety of cultural
resource compliance documents in Montana and elsewhere. Prior to joining RTI, Ms.
Rossillon was a cultural resources specialist with MDT, where she also prepared and
reviewed a number of environmental and compliance documents. She has particular
expertise in historic archeology related to Chinese-Americans in Montana – a topic of
particular relevance in this EA area, a portion of which was reportedly once part of
Bozeman’s historic Chinatown.
Robert Peccia and Associates has provided engineering, transportation planning and
environmental services to both public and private clients since 1978. RPA’s current staff
consists of about 50 individuals skilled in numerous disciplines including highway design
engineers, transportation and traffic engineers, environmental engineers and planners,
graphic designers, CADD technicians, technical writers, construction inspectors, and
other support services. The firm has completed a large number of environmental
documents for clients in Montana and elsewhere, including the Bozeman area.
Daniel M. Norderud, AICP, RPA's Environmental Studies Division Manager, will
oversee and contribute to the required environmental document for downtown
redevelopment in Bozeman. Mr. Norderud has more than 30 years of professional
experience in environmental, land use and transportation planning including more than 25
years of experience developing environmental impact assessments and completing
environmental compliance and permitting activities for civil engineering and planning
projects. Mr. Norderud possesses a strong understanding of key civil engineering
disciplines and knows procedures and requirements related to the development of NEPA
and MEPA environmental impact documents. Mr. Norderud has written and overseen the
completion of more than 60 NEPA/MEPA environmental documents for projects and
proposals by agencies including the Montana Department of Transportation, the Federal
Aviation Administration, Montana Fish Wildlife & Parks, and local governments. Since
1995, he has managed eight consecutive two-year term contracts to prepare
environmental documents for MDT projects.
Trisha Jensen will assist in the preparation of the EA. Ms. Jensen has 10 years of
professional work experience on environmental and transportation projects. She routinely
conducts research, analysis, and writing for environmental documents and has been
responsible for several environmental checklist documents associated with public works
projects for local governments
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2. Project methodology and scheduling: RTI and RPA understand the need for timely
completion of this document, and are prepared to begin work on the project immediately
on approval of our contract by the Bozeman City Commission. We will begin by
scheduling a pre-work meeting with representatives of RTI and the City, as well as
relevant personnel other involved agencies who may be available. During this meeting,
we will finalize the project work schedule, identify areas of particular concern, and
establish a regular schedule of coordination and consultation between RTI and the City.
RTI will also coordinate schedule and scheduling with involved RPS staff members.
RTI anticipates a 30-day schedule for preparation of the EA document. We will prepare
a document fully in compliance with the federal guidelines established in 24 CFR Part
58, and anticipate using the established outline for Environmental documents found at 24
CFR 58.36. We anticipate that a strong majority of project activities will center on an
evaluation of cultural resource impacts to historic properties in and near the EA area, and
this will be reflected in the report preparation and documentation. All other required
topics will be fully addressed as needed, but it should be noted that the project scope and
budget may need to be adjusted if very substantial, unexpected impacts are identified in
other areas. Based on our current knowledge of the project area, however, we consider
this to be extremely unlikely.
We will communicate frequently with relevant city staffers while the project is underway,
as well as with appropriate federal staffers if requested. We may request informal review
of selected portions of the document while work is underway, in order to ensure that the
final product meets the expectations and needs of all involved. We may also request
limited assistance of city staff during field visits to the project area, and request that the
city provide copies of relevant public-record documents and GIS data files.
The final EA will be provided to the city in both paper and digital formats, as requested
by city staff. We will stand ready to respond to feedback during the ensuing comment
period, and to provide minor revisions to the document as needed without changing the
document scope.
RTI anticipates signing a not-to-exceed contract for this project, billing a single invoice
on project completion. We will provide the city with proof of our firm’s Worker’s
Compensation and professional liability insurance prior to beginning the project.
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Please feel free to contact me at your convenience if you have any questions whatsoever
about this proposal, or require any further information. Thank you for contacting RTI;
we’re very much looking forward to working with the City of Bozeman on this project.
Sincerely,
Mark Hufstetler
Architectural Historian!
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Renewable Technologies, Inc.
8 W. Park St. - Butte, MT 59701
(406) 782-0494
rtibutte@gmail.com
Personnel Costs:
Professional Historian/Archaeologist 136 hours @ $60.29/hour $8,199.44
GIS / DTP Technician 28 hours @ $36.97/hour $1,035.16
$9,234.60
Total Personnel Costs $9,234.60
Travel Costs:
Mileage 400 miles @ $.50/mile $200.00
Meals 2 lunches @ $10 $20.00
Total Travel Costs $220.00
Supply and Miscellaneous Costs:
Photocopies/Photography/Miscellany $100.00
Total Supply and Miscellaneous Costs:$100.00
Sub-consultant Costs:
Robert Peccia & Associates $3,454.96
Total Sub-consultant costs:$3,454.96
Sub-Total $13,009.56
Professional Fee (10%):$1,300.96
Total Project Budget:$14,310.52
Bozeman Main Street Explosion Site EA
March 16, 2010
Cost Proposal
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