HomeMy WebLinkAbout10- Renewable Technologies Professional Services AgreementPROFESSIONAL SERVICES AGREEMENT
70 SB��RE�E�o�axof //m14 a between THE CITY OF BOZEMAN, a Municipal
Corporation, Bozeman, Montana, 59715 (OWNER) and Renewable Technologies, Inc, WTI), 8 W. Park
Street, Suite 3l3,Butte, Moutuou,(CUNTRACI0K).
Whereas the accomplishment of the work and services described iu this Agreement is essential to the OWNER'S
public works improvement program.
Whereas the OWNER intends to and has selected the C'ONTRACTOR to provide necessary and professional
engineering services for the project,
Whereas the (20N TRACTOR represents that it k willing and qualified to perform the professional services for this
project described in this Agreement.
J recitals and the muival co eriants and conditin contained herein. the
parties agree as follow's:
ARTICLE t (-8NTRACTORING SERVICES
l.|. The detailed description pf the specific project components i^ described o^follows:
("xoP} unlonmonuuu| Assessment (LA) for the north side "f the 2VUand 300 hloeks of Last Main St^'ex,
the «te of the March i2n8v explosion and fine, The project boundaries are better drfinuda, the north side of
Main Street between Rouse Avenue and Bozeman Avenue including the &O length of the alley between the
Main Street and Mendenhall !treet, the rights of way of Bozeman Avenue and Rouse Avenue from Main Street
/o the alley, and any' structure .`r former structure in the block bounded hy Main Street, Mendenhall Street, Noiih
Bozeman AVen'e. and North Rouse Avenue that was impacted.
The project components are more specifically described in Rills 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 Umizcd w, sr■ing as VWNED'^
professional representative for the Project, providing professional consultation and advice and furnishing eustmnary
The CONTRACTOR shall furnish all labor, mmte6mls, equipment, supplies, and incidentals necessary to conduct complete the CONTRACTOR'S CONTRACTOR'S portions iou� "f�hr ��o and prepare and deliver
the OWNER all data, reports,
plans. specifications, and recomrnendations as designated herein,
Z.� 71/e CON |KA[7v]K shall ascertain such information as may have a bearing on the work from local units of
flo+ernmcot, 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,
The CONTRACTOR shall name a Prmcipal-Tn-Charge for the duration oI' the prOJect. The Principal-In-Charge
shall be Mark Ilufstetler,
2.6. The CONTRACTOR shall name a Project Manager who shall be the liaison between the CONTRAC'TOR and
the OWNER. The Project Manager shall be Mark Hufstetler The OWNER may name a Task Director who would he 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 CONTRACT R and the OWNER
during the Project. The Task Director designated she he Dustin Johnson.
3.2 The OWNER shall have the right of re rev and examination of the CONTRACTOR'S XN or]: 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 an 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 w ith See Appendix "A" of this
Agreement.
ARTICLE 5- ADDITIONAL SERVICES
5.1. It' OWNER \vishes CONTRACTOR to perform any of the follow ing Additional Ser‘ ices, OWNER shall so
instruct CONTRACTOR in w riling. and CONTRACTOR shall perform or obtain from others such services and v. ill 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.
5Z W'bcn required by the Contract Documents in circumstances beyond [lJNTBA(7\)R's control.
CONTRACTOR shall perform or obtain from others any of the following Additional Serf ices, as circumstances require
during construction and without waiting for specific instructions from OWNER, and [()NlKA('7(\k will he paid
therefore as provided in this Agreement:
5Z1. Services in connection with work directive changes mnd6mngc^rderswreflec/de changes requested
hy OWNER, if the resulting change in compensation fbr Basic Ser ices is not commenuiate vith the additionat
services rendered.
5.2.2, Services in making ruisi"r~*Drawings and Reporting occasioned by the OWNER'S acceptance of
substitutions proposed by Contmcwr(^)i services after the award of each contract in evaluating and determining
the acceptability of an unreasona.ble or excessive number of substitutions proposed by Contractor: and evaluating
an unreasonable or extensive number of claims submitted by C'ontractor(s) or others in connection with the work.
5.23. Services n,^xking from ^ig.oificoo/ delays, changes or price increases occurring as a direct result of
materials, equipment 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 any Contractor. (3)
acceleration of the progress schedule ixvv|,iog services beyond normal working hours. (4) default h any
ARTICLE 6- COMPENSATION FOR CONTRACTING SERVICE
6.1 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF CONTRACTOR
oJJ Payment. The OWNER shall. for Basic Contracting Serf ices under sections 4.1 through 4.3 of this
agreement. pa a total suni 11 t aniount of' $l4.3l0.l2 for such services.
6.1.2 Payment Schedule., Ivtai cumulative payments for the design phase engineering ser ices (sections 4.1
through 4,4) shall not exceed the following ceilings:
*]&Ul7.3o(7o".vy contracting fee) ou submittal ny the final LA to the OW atthcbcginobngof
the required public comment period.
6.1,3 General. CONTRACTOR shall suhmit one final lump sum statement for serf ices 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] through 4.4) and are not separately reimbursable. Additional Services specifically
identified under the scope of design serfices for payment under 6.1 are not separately reimbursable.
62 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPESES OF CONTRACTOR.
Construction and project documentation ser ices performed as Basic Engineering Services under sections 4,4 through 4.7
including General Administration of Construction Contract, Resident Project Representation. Project Documentation, and
(onstruction Testing, shall he compensated in accordance sith the following:
6.2.1 The OWNER shall pay for Construction Phase and Project Documentation Serf ices an amount not to
exceed $l4.}lV.5J except a^ provided under o2.l2 and o2.4.
6.2.1.1 Costs Compensation, ('oInpensation for these serf tees shall be based oo the (lNTRACT0K's
Direct Labor C'ost times a f'actor of 2.75 for services rendered v hich shall cover Direct Labor, Direct
Labor O`ubcaJ- General &xdminiyto«i`cO`crhrad and Profit.
62.12 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 ,cnirr^, and prior to
performing ^ec`ior` in excess uf/be contract ceiling, the C0NluA(']0K shall give OWNER written
notice thereof Promptly thereafter OWNER and CON 1RACTOR shall review the scope and progress
of the project work. CONTRACTOR. shall obtain written authorization from. OWNED, prior to any
additional costs being incurred under paragraph 6.2.7l 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 ('()NTRACiOR may negotiate tenos as proided under (,2.1.1. The amount and terms
x[aoy additional compensation under o.Z].l or 6,213 shall be negotiated and agreed in nhdog
pursuant to 9,16,
6.2J.3 Costs Excerdup Estimated Compensation, Except as a!Iossed ender 5.2J, hen the total cost
of the original scope Construction Phase and .Project Documentation Services exceeds the negotiated
oonnpeomo/i*x for these services, the OWNER shall pay only for tlie direct costs incurred in o`ce^^ of
the estirnated compensation. These cosls consist of an amount equal to the CONTRACTOR'S Direct
Labor Cost times a factor of 2.25 for services rendered which shall include Direct Labor, the federally
audited payroll Direct Labor Overhead, and General Si.: Administrative Overhead costs, but shall not
include any allowance for profit,
6�.2 The OWNER shall pay an amumm for Additional Services rendered by the CONTRACTOR and
approved in writing by the OWNER on the bas of the C'ONTRACTOR'S Direct Labor Costs times a factor of
2.75. or an amount otherwise negotiated at the time such services are requested and approved the OWNER..
ARTICLE 7- MEANING OF TERMS
7] AGREEMENT. As used hcrein, the term this Agreement" refers to the contents of this document and its
E\hibits attached hereto and i'cferred 10 as if the v ere part of onc and the same document.
7,2 DIRECT LABOR COSTS. Direct Labor ('osts used as a basis for payment mean the actoal salaries and x,gc^
paid to all ('ONTRA( fOR', personnel engaged JirecUy^n8,cPnojccr`in,|uding,6u/on,|iroi/cdtn-o,ginrom.nn|,itecc^.
xuncyop, designers. drafters, specification rite rs estimators, other technical and business personnel: but does not
include indirect payroll related costs v/ fringe benefits. For the purposes of this Agreement the principals and employees
of the CONTRACTOR mu^i mum billable Direct Labor Costs are:
Principals 22.75 hour
GIS Technician 13.95 hour
7,3 REIMBURSABLE EXPENSES. Reimbursable Expenses mean thc actual expenses incurred by
CONTRACTOR or C0NTK/\CT0D's independent professional associates or consultants directly in connection with the
pujoct, such as expenses for: transportation and subsistence incidental thereto: obtaining bids or proposals from
Contractor(s).: subsistence and transportation "f Resident Project Representatives and their assistants; toll telephone calls
and telegrams; reproduction of reports. Drawings, Specifications. Bidding Documents and simiiar Project-related items:
and if authorized in advance by 0YYNEBL overtime work requiring higher than regular rates, In addition, "hrm
compensation for Basic Services is on the basis of Direct Labor Costs method. of payment. Reimbursable Expenses will
also include the amount billed to C0NTRA.CT0Rhyspecial consultants employed byCONTRACTOR and authorized by
OWNER (other than as an authorized Additional Services) and will also include expenses incurred for computer timeond
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 Senice, and approved
Additional Services rendered and for Reimbursable Expenses incurred: however. payments Shall not exceed the ceilings
provided in^.l and 6.2. Final payment shall he made only after acceptance of iNc project h' the OWNFR. 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.
82 REQUESTS FOR PAYMENT. Each request for payment shall include a documentation summary of the period
incremental mm, hours incurred, direct labor rates and billed rates. detail of reimbursable costs., total period billing, and
total cumu\oti`e When requested by OWNER, services for distinct project segments shail be accounted and billed
separately.
8.3 PAYMENT UNDER TERMINATION. In thc of terrnination h the OWNER upon the completion of any
phase of the Basic Services, progress payments due CONTRACTOR for services rendered through such phase shall
constitute tolal payrnent for such ser ice, In the e\ ent ot such termination b OWNER during any phase of' the Basic
Services. CONTRACTOR. also will he reimbursed for the charges o[pnc'opnm`cd independent professional associates
and consultants employed by CONTRACTOR to render Basic Services, and paid for services rendered during that phase
no/hebasi^n[tbcpaymcmpm`isinosofthc/\gu,eneot. In the event of anv such termma(1fl, (ONTRA(TOR 'iil he
paid for unpaid pre-approved .AJdi6onal 5cnices and unpaid Reimbursable Expenses which are authorized under this
agreement,
ARTICLE 9- GENERAI, CONSIDERATIONS
o] TERMINATION OF AGREEMENT
9.1.1 Ihe sole right is h.ereh reserved 10 the OWNER 10 ierniiinate this Engineering Agreernent for an and
all causes or for its convenience at any time upon fifteen (15) days written notice to the CONTRACTOR.
9.1.2 Ifiermination for default is effected by the OWNER, an equitable adjustment in the price prosided for
in this Agreement ^hal| 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 nom) 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 pmfi/, 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 6y the CONTRACTOR relating to commitments
which had become finnprior tv the termination.
9\1,3 Upon receipt ofx termination action under paragraph 9l2. the CONTRACTOR shall (1) promptly
discontinue all affected \ork (unless the notice directs otherwise), and (2) deliver motherwise make as ailahle to
the OWNER within ten (10) days copies of all data, design drawings, specifications. reports, estimates,
summaries and such other information and materials u^ may have been accumulated by tbe{'0NTDA('I0R in
performing this Agreement. nbc/hr, completed orinprocess.
4].4 In the event this Contract is terminated prior completion, the original copies of the
CONTRACTOR'S dom, recommendations, plans, ^pocficoni`n~, analysis and other related documents prepared
by the CONTRACTOR prior to said termination shall he delivered to and become the property of the OWNER,
9.1,5 Upon termination, the OWNER may take over the work and 'nay award another party an Agreement to
cornplete the \sork under this Agreement
9J.6 OWNER'S right to terminate is in addition to any other retnedies 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 10 the perlorrnance of the ser'. ices by the CONTRACTOR hereunder shall be made available to
the OVYNED, or their authorized representatives, for audit and review, at the C'ONTRACTOR'S respective offices at all
reasonable times during ibe contract perod and for three vears from the date of final payrnent.
9.3 EMPLOYMENT. The (ONTRACIOR warrants that he has not employed or retaiiied any cornpany or persons.
other than a bona fide employee, working solely for the CONTRACTOR, to ^"G6/ to secure this contract, and that he has
not paid or agreed 10 pa> any company or person, other than bona (ide etnplo)oc` working solely for the CONTRACTOR,
any fee. ,vm/oin`ioo, pozcnmge, brokerage fce, gifts or an other considerations contingent upon or resulting from the
award making o/ this ('mu/mct. For breach or violation of this warranty, the OWNER shall ha\ e the right to annul the
(ontiact ithout 1iabi1it' or in it dkcretion to deduct from the price or consideration or othenvise iecovei' the full amoulit
of such fee, commission, percentage. brokerage fee, gift or contingent fee.
All enip]ovee of the NTRAC1 UR or other perons while engaged in the perf'ori of ork or service required b)
the ('ONTRA('TOR 'hall be considered ernp]o'ee' ofthe C()NTRACTOR on1 and not of the OWNER,
9.4 NONDISCRIMINATION. The CONTRACTOR will not discriminate on the. basis of race, color. religion.
crccd, political ideas. sex, age, marital status, national origin or disability in employment or provision of services. The
('ONTRACTOR haII be .uhject lo and conip]y h Tit]e VI of the ('ivi] Rights Act of 19t4: Section 140. liMe2.United
States Code. and all regulations promulgated thereunder.
9.5 SUBLETTING OR ASSIGNJING OF WORK, The CON Tk6(TOD shall not sublet m assign any of the nmt
covered herein \I ithout prior vt duet' appro al of the OWNER.
9.6 STANDARD OF CARE. b' providing services under this agreement, the CONTRA( '1 OR will perform in a
manner consistent with the degree of care and skill ordinarily exercised by members of the same profession conrnd}
practicing under similar circumstances. If any service should be found to be not in conformance with this standard. the
('ONTRAFT0R"kuU. at the 0WNER'yrequest, re-perform the service at its own expense. CONTRACTOR shall also, at
its own expense. make uc1i change.. modiflcations 01' additions 10 the project which are niade necessaly 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
rernedie, the OWNER ma> ha e under tite a.
9
LEGAL RELATIONS:
9I1 The CONTRACTOR shall. consistent with the standard care. comply "vi,b those Federal. State, and
I..oca! laws and ordinances applicah]e to the work to he done,
9.7,2 The C(N[8A('D]R agrees ,o dcfend, indemnify and hold harmless the 0WNER, its officers.
directors. agents and enip]ovees from and against an uit, CaLISe 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 properly received or sustained by any person, pcmooy, pnmen}, business or any other entit.
arising out of or resulting from, Or in connection with the CONTRACTOR'S negligent performance of the work
specified io this agreement,
9.7l The CONTRACTOR agrees to de6ud 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 unI action where the OWNER'S alleged liability arises from the negligent pof,nnomcc of the
CONTRACTOR'S »*,k herein described, The obligations vf the [(%NIRA[T0K to defend. iodcmuif\ and
hold harmless the OWNER will apply to an suit. cause of action. claim, co,, or obligation including, without
)inoimdoo.zhoor alleged under the cornrnon Iaw or pursuant to 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
plaintil't' or plaintiffs in an lawsuit, the CONTRACTOR will be responsible for only those dauu8e^` coas, Or
liabilities as are attributable to the CONTRACTOR'S percent of fault. as compared We it h l00' of the fauit giving
rise to the damages. Should the OWNER be found responsible for negligence bv its own officers. directors,
agent'I or employees. then in th'at e`cut,br0WNEDogn:r^m/eim6mrse/beCONTRACT(Rtorthcou^onublc
attorne>'s fees alld costs incurred in any defense ofthe OWNER inaoamnmmproportional tn the fault attributed
to the OWNER. The indemnity/ required herein shall not be limited hv reason of the specification of any
particular uisurance co erage in dis Agreement.
9�.5 Should either OWNER 01' CONTRACTOR be held responsih]e. for an damages., costs u,|ia.bi|hies
resulting from intentional misconduct by any officer. director, agent or eniployee 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 ot' the ('it Attorne or other in-house
counsel. Further, notwithstanding the obligations set forth in paragraphs 9J2 and 9.73 above. the
CONTRACTOR. :agrees to defend OWNER W here the OWNER'S alleged liability,' arises from intentional
,misconduct by the CON Should the OWNER be found responsible for intentional misconduct by its
on offi director, agent or employee, then OWNER agrees to reimburse CONTRACTOR for the reasonable
attorney's fees and costs incurred in any defense of the OV\TNER.
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 it 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 limb.., 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 [lie
o rk is completed and accepted by the OWNER, insurance coverage naming the OWNER as additional insured with
minimum insurance coverage as follows:
Tvpe of Co\ erage Limits
Employ ers' Eiabi litv: S 00,000 per accident
General Liability: Bodily Iniury Property Damage
Single and combined 1,000,000 per accident
General Aggregate: S 2.000,0(10
Excess Liability Co erage (umbrella) $1M00,000 each occurrence
Automobile:
Bodily Injury Property Si .000.010 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
coyerage as follows:
Professional Errors Omissions: 5 500,000 per claim and
aggregate each occurrence
0.10 OWNERSHIP OF DOCUMENTS
The parties admit and agree the documents produced under this agreement are not intended or represented to he suitable
for reuse by OWNER or any other individual on any other project.. Any reuse without written verification or adaptation by
CONTRACTOR Nv i I 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 CON'IRACTOR to OWNER are only for convenience of owner. Any
conclusion or information obtained or derived from such electronic files W ill he at the user's. sole risk.
0,11 PUBLIC INFORMATION, The CONTRAC1OR shall not issue any statements, releases or information for public
dissemination without prior approval of the OWNER.
9,12 PROPRIETARY RIGHTS. if patentable disco\ eties 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
Nvork 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
he binding on the heirs, personal representatives., successors and assigns of the respective parties.
9.15 ATTORNEY'S FEES AND COSTS. ."f hat in the event it becomes necessary for either Party of this Contra.ct 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 he entitled to reasonable attomey'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 Conti:act.
In witness Whereof, the Parties hereto do make and execute this .Aueement
CITY OF BOZEMAN, MONTANA
BY:
DATE:
1f\d ab
ATI
BY lirPA
01
„ik
CONTRACTOR
BY:
(Pr ject Manager)
DATE:
70
March 16, 2010
Dustin Johnson, PE
Project Engineer
City ofBozeman
P.O. Box 1230
Bozeman„ Montana 59771
Dear Mr. Johnson:
Renewable Technologies, Incorporated
Moak BankBuilding xNV. Park Street, Suite 3|3 Butte. Montana 5971 406,782»494
In response to our recenl discussions. I'rn very pleased to provide the City ofBozeman
with this brief proposal for the completion of an Environmental Assessment (EA) that
will examine the area irnpacied by ihe Main Street explosion and fire of March 5,Z009.
|lTI`a cost estimate for this p 'ec1 is 514,310.52, 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, ional, and cost-effective manner. Throu.ghout the process, we will work
closely with both HUD and the City ofBozeman to ensure thc srnooth 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
docurnent within the light lime 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 hyx brief overview of proposed project zuotbodo|ogy
and expected results. Additional information on these or other topics will be readily
provided on request.
1. Corporate and personal qnal[fications: Work on this project miDbcuUhcuted
between two highly qualified and experienced Montana firms: Renew/able Technologies,
Incorporated (RTD and Robert Peccia Associates (RPA). IlTliso cultural resources
consulting firm that has heeii in cxistence since 1919 ancl is strongly farniliar with
llozcoono`* 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 RT1 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 p jet<` arc provided below.
Historic Presen'ation Consulting: History, Architecture, and Archaeology
Dustin Johnson
March l6,20l0
Page 2
Renewable Inc. iso small, Montana-based business that offers uCuUrange
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 {hrouuhoutthc Northern Plains and Rocky Mountain states..
Most nf these projects barebcenprcparcdfbrgovurozoun\ulugoncicxvvitbou|1ora|
resource management responsibilities. Documents produced by RTI include survey
reports, determinations of eligibility, impact assessments, National Register ofHistoric
Places documentation, and other compliance and mitigation documents. RTI also
specializes in documentation meeting the standards o{the Historic American Buildings
Survey (HABS) and the Historic American Engineering Record (U/\Ek). The company
has successfully administered and completed contracts in excess of $400,000.
DTl has a particularly strong background in the arch tccturo history attic City of
Bozcman and of Montana, and we havc successfuIly evatuated the historic signifieance of
hundreds of buildings and structures in the state. We are particularly familiar with
Bozernan's history and history and historic rcxonnccy, and have completed several local
projects, working both for the City of Bozeman and the Montana Department of
Transportation. Included among those projects were nrevised architectural history of the
city, and an inventory and evaluation of buildings on North Rouse AVenue including
propertics within the boundary ofthe proposed EA study.
Mark Hufsletler will serve as RTI's Prin Investigator for this project, project, and will he the
primary author ufthe EA document. Mr. Hufstetler holds a Master Degree in History
0nxm Montana State Uoivcaity, and has been a principal with DTI sincc 1990. Over the
past 20 years, bo has supervised literally dozens nf}lTl projects iovnlviog\hc
idcntification and evaluation of cultural. resources, including many in the statc of
Montana. A number of these p jcctsbovebccuoodcrtakcntoassis1govcru/ncutul
agencies and others in their efforts to comply with federal environmental and cultural
resource regulations, These pr jects have given him ostrong famitiarity with both
Montana history and architecture, and the requirements offe.dcrallymandated
compliance projects.
Mr. Hufstetler has been a Bozernan resident since 1983, and he has sirong professional
and avocational interests in the architcctural history nI the city. Working with RTI, he
served as the lead author ofao expanded architectur& history of Bozeman, prepared
under contract for thc City. Dc has also completed u number of architectural cvu]uotinos
in Bozernan and the surrounding arca, working under contraet to the Montana
Department of Transportation (MDT) and others. Included among these p jcctx was an
evaluation ofbuiidings along North Rousc Avenue, which included some propertics
within the EA area. Mr. Hufstetler is also an active volunteer member n{the Bozeman
Historic Preservation Advisory Board, and currcntly serves as its chair.
Dustin Johnson
March I6,2010
Page 4
2. Project methodology and scheduling: RTI and RPA understand the need for timely
completion ofthis document, and are prepared to begin work ouUzuproject irucucdiute|?
on approval of our contract by the Bozeman City Commission. We will begin hy
scheduling a pre-work meeting with representatives of RTI and the City, as well as
rcicvant personnel other involvcd agcncics who may be avaiiabie. During this mecling,
we will finalize thc project wnrkmchedulc,iduodfy arcas of paiicu1ar 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 antici so30-dayuchedulcfor preparation of the EA document. We will prepare
a document fully in compliance with the federal guidelines guidclines established in 24 CFR Part
58, and anticipate using the estahlishcd outline for Enviromnental at 24
[Ffl 58.36. We anticipate that a strong m 'o i of project activities will center on an
cvouu1ioofculturolrcmoorcci ts to historic properties properties in and ncarthe EA arca, and
this will bereflected in the report preparation and documcntation. All other required
topics will be fully addressed as needed, but it should be noted that the p ject scope and
budget inav nced to he adjusted ifvcry substantial, uncxpectcd impacts are idcntificd in
other areas. Based on our current knowledge of the project urea, however, we consider
this to be extremely unlikely.
We wiDconununica{c frequently with relevant city staffers while the project is uoderwoy`
as well as with appropriate federal staffers i[requested. Wr may request bfonnulreview
of selected portions of the document while work is underway, bn order {n ensure that the
final product meets the expectations and needs of all involved. YVc may also request
irnited assistance of city staffduring field visits to thc project mnca, nodn:gucst that the
city provide copies o{ relevant public-record documents and GIS data files.
The fimolEA will hc provided provided 10 the city bo both paper and digital fonmots
staff. T�
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 p jcct, billing o single invoice
on project completion, We will provide the city with proof nf our firm's Worker's
Compensation and professional liability insurance prior to beginning the project.
Dustin Johnson
March 16, 2010
Page 5
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
Personnel Costs:
Professional Historian Archaeologist. 136 hours itt S60,29:bour
GIS DTP Technician 28 hours a S.36.97 :hour
Travel Costs':
Mileage
Meals
Total TraN el Costs
Bozeman Main Street Explosion Site EA
Cost Proposal
March 16, 2010
400 miles .ta 5.50 mile
2 lunches ia 810
88,199.44
51,035.16
Total Personnel Costs 89,234.60
5200,00
S20,00
Supply and AllACCM.411C011.5 tA:
Photocopies Photography Miscellany 8100.00
Sub-consultant Costs:
Robert Peccia &Associates 83,454,96
89,234.60
8220.00
Fotal Supply and Miscellaneous Costs: 8100.00
1 otal Sub-consultant costs: 83,454.96
Sub-Total $13,009.56
Professional Fee (10°0: 51,300,96
Total Project Budget: $14,310.52
Renewable Technologies, Inc. (406) "S2-04Y4
.N 11 Punk Maw, 1.fT 5 9'01 rlibulte g/flu! caw