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14- Peccia and Associates, public works improvement program
PROFESSIONAL SERVICES AGREEMENT THIS IS AN AGREEMENT made as ofhalal( VktQ la, ,0.01i ,between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, 59715 (OWNER ) and Robert Peccia and Associates, Helena, Montana,59604(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: The conditions and provisions set forth in the attached EXHIBIT A (SCOPE OF SERVICES), and EXHIBIT B(FEE PROPOSAL)are hereby incorporated in and made part of this Agreement. ARTICLE 1-ENGINEERING SERVICES 1.1. The detailed description of the specific project components is described as follows: This project is the engineering pre-design phase for improvements to the intersection of Baxter Lane and Davis Lane. Works tasks include field investigations, a Traffic Impact Study that incorporates all of the recently approved subdivisions along with current traffic counts, a warrant analysis, a pre-design analysis comparing a roundabout versus signal as the intersection traffic control measure, conceptual designs of the preferred alternatives,visualization and traffic modeling for the preferred alternatives, and presentation of the findings to the City Commission for approval. 1.2. The scope of services under this contract is set forth in this agreement and the attached EXHIBITS. ARTICLE 2-ENGINEER'S RESPONSIBILITIES 2.1. ENGINEER shall perform for OWNER professional engineering services in all phases of the Project to which this Agreement applies as hereinafter provided. These services will include, but not be limited to, serving as OWNER's professional engineering representative for the Project, providing professional engineering consultation and advice and furnishing customary civil and structural engineering services incidental thereto. 2.2. The ENGINEER shall furnish all labor,materials,equipment, supplies,and incidentals necessary to conduct and complete the ENGINEER'S portions of the Project and to prepare and deliver to the OWNER all data, reports, plans, specifications,and recommendations as designated herein. 2.3. The ENGINEER shall ascertain such information as may have a bearing on the work from local units of government,public,and private organizations and shall be authorized to procure information from other authorities as to the extent of these contacts and the results thereof. 2.4. The ENGINEER'S work shall be in accordance with the standards of sound engineering practices. 2.5. The ENGINEER shall name a Principal-In-Charge for the duration of the project. The Principal-In-Charge shall 1 be Brian Wacker,P.E..RPA Vice President. 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 Staci Vernier.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. 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 Robert Murray Jr.,P.E. 3.2 The OWNER shall have the right of review and examination of the ENGINEER'S work at all times. 3.3 The OWNER shall make available all records(record drawings,construction records,etc.)indicating the existing configuration of the city utilities. 3.4 The OWNER will be responsible for Advertising Bid Openings. progress and other job related meetings,substantial completion inspections and final payment inspections. ARTICLE 4-BASIC ENGINEERING SERVICES The ENGINEER shall render professional Engineering Services as follows: 4.1 PRE-DESIGN INVESTIGATION PHASE After written authorization to proceed,ENGINEER shall: 4.1.1 Consult with OWNER to clarify and define OWNER's requirements for the Project and review available data. 4.1.2 Advise OWNER as to the necessity of OWNER's providing or obtaining from others,data or services and assist OWNER in obtaining such data or services. 4.1.3 Identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the Project and participate in consultations with such authorities. 4.1.4. Provide analyses of OWNER's needs, planning surveys, site evaluations and comparative studies of prospective sites and solutions. 4.1.5. Provide a general economic analysis of OWNER's requirements applicable to various alternatives. 4.1.6 Assist in formation-ef Special Improvement Ditfiets (SID) by preparing district boundary descriptions and maps,preparing a pfoperty owner's and assessments role lists including project assessment hearings,if applicable. 4.1.7. Prepare a Report containing schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate clearly the considerations involved (including applicable requirements of governmental authorities having jurisdiction as aforesaid) and the alternative solutions available to OWNER and setting forth ENGINEER's findings and recommendations. This Report will be accompanied by ENGINEER's opinion of probable costs for the Project,including the following which will be separately 2 itemized: Construction Cost, allowance for engineering costs and contingencies, and (on the basis of information furnished by OWNER) allowances for such other items as charges of all other professionals and consultants,for the cost of land and rights-of-way,for compensation for or damages to properties, for interest and financing charges and for other services to be provided by others for Owner. The total of all such costs,allowance,etc.are hereinafter called"Total Project Costs". 4.1.8. Furnish a copies and an electronic copy of the Study and Report documents and review them in person with OWNER. The Pre-design Investigation Phase will be completed and submitted within 77 calendar days following written authorization from OWNER to ENGINEER to proceed with that phase of services. 4.2 PRELIMINARY DESIGN PHASE—NOT USED 4.3 FINAL DESIGN PHASE—NOT USED 4.4 BIDDING OR NEGOTIATING PHASE—NOT USED 4.5 CONSTRUCTION PHASE—NOT USED 4.6. PROJECT DOCUMENTATION—NOT USED 4.7. CONSTRUCTION TESTING—NOT USED ARTICLE 5-ADDITIONAL SERVICES 5.1. If OWNER wishes ENGINEER to perform any of the following Additional Services, OWNER shall so instruct ENGINEER in writing, and ENGINEER shall perform or obtain from others such services and will be paid therefor as provided in 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 other than those included in Exhibit A. 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. 5.2. When required by the Contract Documents in circumstances beyond ENGINEER's control, ENGINEER shall perform or obtain from others any of the following Additional Services as circumstances require during construction and without waiting for specific instructions from OWNER, and ENGINEER will be paid therefor as provided in this Agreement: 3 5.2.1. Services in connection with work directive changes and change orders to reflect the changes requested by OWNER if the resulting change in compensation for Basic Services is not commensurate with the additional services rendered. 5.2.2. Services in making revisions to Drawings and Specifications occasioned by the OWNER'S acceptance of substitutions proposed by Contractor(s); services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of substitutions proposed by Contractor; and evaluating an unreasonable or extensive number of claims submitted by Contractor(s)or others in connection with the work. 5.2.3. Services resulting from significant delays, changes or price increases occurring as a direct result of materials,equipment or energy shortages. 5.2.4. Additional or extended services during construction made necessary by (1) work damage by fire or other causes during construction,(2)a significant amount of defective or neglected work of any Contractor,(3) acceleration of the progress schedule involving services beyond normal working hours, (4) default by any Contractor. ARTICLE 6-COMPENSATION FOR ENGINEERING SERVICE 6.1 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER 6.1.1 Payment. The OWNER shall for design phase services performed as Basic Engineering Services under sections 4.1 through 4.3 of this agreement pay a total sum in the amount of $38.441 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: $ 34,597 (90% of design fee) until the Final Traffic Report has been submitted to the OWNER and review authorities. 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 6.2 of this Agreement are reimbursable. All other design related expenses are included in the Lump Sum Payment for the Basic services (4.1 through 4.4) and are not separately reimbursable. Additional Services specifically identified under the scope of design services for payment under 6.1 are not separately reimbursable. 6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER. ._ * • - ' . .. . '.. - . . + . - !: . - .. _ :.--;.- exceed . ..exceed except as provided under 6.2.1.2 and 6.2.4. 4 6.2.1.1 Costs Compensatien. Compensatien for these services shall be based on the ENGINEER'S Direct Labor Cost times a factor of for services rendered which shall cover Direct Labor, Direct Labor Overhead,General&Administrative Overhead and Profit. 6.2.1.2 Notification. At any time during the construction that it becomes apparent—that—the Construction Phase and Project Documentation Services rendered under this Agreement will exceed the - • 2 - _ . _ L _ _ • e ... - • ••- • . . . • . _ . ... OWNER and ENGINEER may negotiate terms as provided under 6.''A- agreed in writing pursuant to 9.16. 6.2.1.3 C t E d' firE-'s`�timated C ueisat•ion. Except as allowed under 5.2.1,when the total cost ope 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 Cost times a factor of for services rendered which shall include Direct Labor,the federally 6.2.2. Reimbursable Expenses, as defined in-section 7,4 of this Agreement,for Basic Services and Approved up to an amount not to—ereed$ which includes$ for consultants employed by the identified in Exhibit" it. 6.2.3. Failed Test Expenses. The ENGINEER shall maintain and provide to the OWNER, a record of the 6.2.4 The OWNER shall pay an amount for Additional Services rendered by the ENGINEER and approved in writing by the OWNER on the basis of the ENGINEER'S Direct Labor Costs times a factor of 3.04, or an amount otherwise negotiated at the time such services are requested and approved by the OWNER. ARTICLE 7-MEANING OF TERMS 7.1 AGREEMENT As used herein the term "this Agreement" refers to the contents of this document and its Exhibits attached hereto and referred to as if they were part of one and the same document. 7.2 CONSTRUCTION COSTS The construction cost of the entire Project(herein referred to as "Construction Cost")means the total cost to OWNER of those portions of the entire Project designed and specified by ENGINEER, but it will not include ENGINEER's compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, properties unless this Agreement so specifies, nor will it include OWNER's legal, accounting, insurance counseling or auditing services, or 5 interest and financing charges incurred in connection with the Project or the cost of other services to be provided by others to OWNER. 7.3 DIRECT LABOR COSTS Direct Labor Costs used as a basis for payment mean the actual salaries and wages paid to all ENGINEER's personnel engaged directly on the Project, including, but not limited to, engineers, architects, surveyors, designers, drafters, specification writers,estimators,other technical and business personnel;but does not include indirect payroll related costs or fringe benefits. For the purposes of this Agreement the principals and employees of the ENGINEER maximum billable Direct Labor Costs are: Principals $59.25/hour QAQC Reviewer $44.58/hour Project Manager $45.12/hour Senior Engineer $39.53/hour Senior Traffic Planner $45.78/hour Traffic Planner $35.68/hour Traffic Technician $24.87/hour Staff Engineer $30.88/hour Environmental Planner $41.93/hour Landscape Architect $35.68/hour Accounting $29.44/hour Surveyor $39.29/hour Clerical $21.02/hour 7.4 REIMBURSABLE EXPENSES Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's independent professional associates or consultants directly in connection with the Project, such as expenses for: transportation and subsistence incidental thereto; obtaining bids or proposals from Contractor(s); subsistence and transportation of Resident Project Representatives and their assistants;toll telephone calls and telegrams;reproduction of reports,Drawings,Specifications, Bidding Documents and similar Project-related items;and if authorized in advance by OWNER,overtime work requiring higher than regular rates. In addition,when compensation for Basic Services is on the basis of Direct Labor Costs method of payment,Reimbursable Expenses will also include the amount billed to ENGINEER by special consultants employed by ENGINEER and authorized by OWNER (other than as an authorized Additional Services) and will also include expenses incurred for computer time and other specialized equipment, including an appropriate charge for previously established programs and expenses of photographic production techniques. ARTICLE 8-PAYMENT PROVISIONS 8.1 TIMES OF PAYMENTS. ENGINEER may submit monthly statements for Basic Services and approved Additional Services rendered and for Reimbursable Expenses incurred; however, payments shall not exceed the ceilings provided in 6.1 and 6.2. Final payment shall be made only after acceptance of the project by the OWNER. If OWNER disputes the amount of the billing, OWNER will notify the ENGINEER in writing within ten(10)calendar days of the receipt of bill of the dispute. 8.2 REQUESTS FOR PAYMENT. Each request for payment shall include a documentation summary of the period incremental man hours incurred,direct labor rates and billed rates,detail of reimbursable costs,total period billing, 6 and total cumulative billing. When requested by OWNER services for distinct project segments shall be accounted and billed separately. 8.3 PAYMENT UNDER TERMINATION. In the event of termination by the OWNER upon the completion of any phase of the Basic Services,progress payments due ENGINEER for services rendered through such phase shall constitute total payment for such services. In the event of such termination by OWNER during any phase of the Basic Services, ENGINEER also will be reimbursed for the charges of pre-approved independent professional associates and consultants employed by ENGINEER to render Basic Services, and paid for services rendered during that phase on the basis of the payment provisions of the Agreement. In the event of any such termination, ENGINEER will be paid for unpaid pre- approved Additional Services and unpaid Reimbursable Expenses which are authorized under this agreement. ARTICLE 9-GENERAL CONSIDERATIONS 9.1 TERMINATION OF AGREEMENT 9.1.1 The sole right is hereby reserved to the OWNER to terminate this Engineering Agreement for any and all causes or for its convenience at any time upon fifteen(15)days written notice to the ENGINEER. 9.1.2 If termination for default is effected by the OWNER,an equitable adjustment in the price provided for in this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work,and(2)any payment due to the ENGINEER at the time of termination may be adjusted to cover any additional costs to the OWNER because of the ENGINEER's default. If termination for convenience is effected by the OWNER,the equitable adjustment shall include a reasonable profit, as determined by owner, for services or other work performed. The equitable adjustment for any termination shall provide for payment to the ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the ENGINEER relating to commitments which had become firm prior to the termination. 9.1.3 Upon receipt of a termination action under paragraph 9.1.2, the ENGINEER shall (1) promptly discontinue all affected work(unless the notice directs otherwise),and(2)deliver or otherwise make available to the OWNER within ten (10) days copies of all data, design drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the ENGINEER in performing this Agreement,whether completed or in process. 9.1.4 In the event this Contract is terminated prior to completion, the original copies of the ENGINEER'S data,recommendations,plans, specifications, analysis and other related documents prepared by the ENGINEER prior to said termination shall be delivered to and become the property of the OWNER. 9.1.5 Upon termination,the OWNER may take over the work and may award another party an Agreement to complete the work under this Agreement. 9.1.6 OWNER'S right to terminate is in addition to any other remedies OWNER may have under the law. 9.2 INSPECTION AND AUDIT All books, papers, records, payrolls, vouchers and invoices relating to costs and expenditures incurred as to the performance of the services by the ENGINEER hereunder shall be made available to the OWNER, or their authorized representatives for audit and review, at the ENGINEER'S respective offices at all reasonable times during the contract period and for three years from the date of final payment. 7 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 have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws,regulations,and contracts. The ENGINEER will not refuse employment to a person,bar a person from employment,or discriminate against a person in compensation or in a term,condition,or privilege of employment because of race,color,religion,creed,political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability,except when the reasonable demands of the position require an age,physical or mental disability,marital status or sex distinction. The ENGINEER shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140,Title 2,United States Code,and all regulations promulgated thereunder. The ENGINEER shall require these nondiscrimination terms of its sub-consultants providing services under this agreement. 9.5 SUBLETTING OR ASSIGNING OF WORK The ENGINEER shall not sublet or assign any of the work covered herein without prior written approval of the OWNER. 9.6 STANDARD OF CARE In providing services under this agreement,the ENGINEER will perform in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any service should be found to be not in conformance with this standard,the ENGINEER shall,at the OWNER's request,re- perform the service at its own expense. Engineer shall also, at its own expense, make such changes, modifications or additions to the project which are made necessary as a result of the initial non-performance or the re-performance of services. The OWNER's rights herein are in addition to any other remedies the OWNER may have under the law. 9.7 LEGAL RELATIONS: 9.7.1 The ENGINEER shall,consistent with the standard care,comply with those Federal, State, and Local laws and ordinances applicable to the work to be done. 9.7.2 The ENGINEER agrees to defend, indemnify and hold harmless the OWNER, its officers, directors, agents and employees from and against any suit,cause of action,claim,cost,expenses,obligation and liability of 8 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 Iimited 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: 9 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 covering all $1,000,000 each person automobiles,trucks, tractors,trailers,or $ 1,000.000 each occurrence other automotive equip- ment whether owned or rented by Engineer or owned by employees of Engineer. Property Damage covering $ 100,000 each occurrence all automobiles,trucks, tractors,trailers or other automotive equipment whether owned or rented by Engineer or owned by employees of Engineer OR Bodily Injury&Property $1,000,000 each occurrence Damage Single and combined In addition to the above insurance coverage, the ENGINEER shall secure and maintain, until the work is completed and accepted by the OWNER, and without naming OWNER as an additional insured, professional errors and omissions coverage as follows: Professional Errors&Omissions: $ 1.000,000 per claim and aggregate each occurrence 9.9 ENDORSEMENT The ENGINEER shall place his endorsement on all drawings and other data furnished by him. 10 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. 11 9.15 ATTORNEY'S FEES AND COSTS That in the event it becomes necessary for either Party of this Contract to retain an attorney to enforce any of the terms or conditions of this Contract or to give any notice required herein,then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 9.16 MODIFICATIONS AND AMENDMENTS That any amendment or modification of this Contract or any provisions herein shall be made in writing or executed in the same manner as this original document and shall after execution become a part of this Contract. In witness Whereof,the Parties hereto do make and execute this Agreement. CITY OF BOZEMAN,MONTANA ENGINEER BY: N")Z4, BY: ^�.*s�� (City Manager)l (Vice President) DATE: 12 -Z ` V DATE: /// % J', ATTEST: ' © B •(-4*1 J ' BY: .1 I'( 1.1M111tV/. tv 1 .�J ++ , 4 L 4 12 Baxter Davis Intersection Improvements Scope of Services EXHIBIT A BAXTER DAVIS INTERSECTION IMPROVEMENTS Scope of Services INTRODUCTION Robert Peccia and Associates and its sub-consultants, SK Geotechnical and Respec, agree to furnish professional engineering services for the Baxter and Davis intersection improvement project for the city of Bozeman. This scope of services is for the pre-design phase only consisting of field investigations, a traffic impact study, signal/roundabout analysis, and presentation of the recommended alternative to the City Commission for review and approval. The design and construction phases will be added by amendment once the preferred alternative is identified and approved. ACTIVITY LIST AND DESCRIPTION The activities anticipated to complete the pre-design phase are discussed below. A project scoping meeting was held October 20, 2014 at the City Professional building in Bozeman. The purpose of the meeting was to provide Robert Peccia and Associates (RPA) with information to develop the scope of services and cost estimate. The scope of services was developed based on information provided by the City of Bozeman and from the scoping meeting. All deliverables will be provided to the city of Bozeman in AutoCAD format for electronic drawings, 11 x 17 size hard copies, and color PDF's of submittals. Task 1.1: Project Evaluation and Management This activity includes general project start-up activities including attending the scoping meeting, and preparation of the scope of services, cost estimate, and contracting documents. Also included in this activity are general management tasks throughout the duration of the pre-design phase including invoicing, budgeting and coordination with the City and subconsultants. Task 1.2: Traffic Data Collection Traffic data will be collected to establish existing traffic conditions. Turning movement counts (including bicycles and pedestrians) will be collected at the intersection of Baxter and Davis over one day between 6:00 AM and 8:00 PM using MioVision traffic data collection service. A field review will be conducted to observe gap acceptance, conflict areas, impacts from nearby properties (including Chief Joseph Middle School), and other site issues that may influence traffic. During the site visit, RPA will collect additional traffic data including Average Daily Traffic (ADT) counts, vehicle classification, and speeds along each approach leg of the intersection. In addition, vehicle queuing data will be documented at the intersection during the peak hours. The site visit information is used to calibrate the baseline traffic model of existing conditions so projected models accurately reflect real-world conditions. Robert Peccia and Associates Page lof 4 Exhibit A Baxter Davis Intersection Improvements Scope of Services Task 1.3: Survey A GPS control survey will be established using existing control points and tied to the city of Bozeman datum. RPA will provide a property survey to establish the existing right-of-way at the intersection. The city of Bozeman's right-of-way consultant, Dowl HKM,will provide deed and ownership information, any required title commitments, new Certificates of Surveys, and corner recordations. This scope of services does not include setting new property pins or resetting property pins destroyed by construction. RPA will provide a topographic survey of DTM and non-DTM features, including the wetland boundaries identified by Respec. RPA will survey the location of overhead and underground utilities within the project limits. RPA will coordinate with the city of Bozeman and private utilities to obtain as-built information of utilities. RPA's surveyors will complete the ground survey of all utilities marked in the one-call locate process. Any SUE bore holes to determine utility depths at conflict locations will be performed under a contract amendment, and is not included in this scope of services. RPA will compile the survey data and develop the topographic, existing right-of-way, and utility mapping file. RPA will also develop the existing ground surface file. Task 1.4: Preliminary Geotechnical SK Geotechnical will perform a limited pavement design analysis using typical sections and soils information from adjacent projects. SK will determine the pavement section using the ESAL value calculated from 20-year design traffic projections and a CBR value of three.A pavement design report will be provided under this task. This scope of services does not cover subsurface investigations or drilling for soil borings, signal foundations or pipe culverts. Work under this task is described further in the subconsultant scope of services. Task 1.5: Wetland Delineation Respec will perform wetland field delineations and complete the associated forms. Respec will flag the wetland boundaries and RPA surveyors will survey the boundaries during the survey work. Respec will provide the wetland delineation mapping file and a basic report of their findings in order to initiate the preliminary permitting process. Work under this task is described further in the subconsultant scope of services. Wetlands are anticipated at the stream in the northeast quadrant and at the pond in the southwest quadrant. The stream in the median of the south leg is outside the project limits. Task 1.6: Preliminary Environmental Coordination RPA will coordinate the preliminary environmental permitting and prepare the draft permit applications. Anticipated environmental permits include the 404 Corps of Engineer Nationwide Permit for wetlands and the 124 Montana Stream Protection Act. RPA will also coordinate with Fish Wildlife and Parks. Submittal and payment for the permits is not included in this scope and will be performed during the design phase of this project. The MPDES storm water permit will be completed by the contractor and is not included in this scope of work. An environmental document (Categorical Exclusion) is also not included in this scope of work. Task 1.7: Preliminary Irrigation Coordination RPA will coordinate with the irrigation companies as necessary and prepare the draft agreements for any changes to the irrigation facilities. Robert Peccia and Associates Page 2of 4 Exhibit A Baxter Davis Intersection Improvements Scope of Services Task 1.8: Draft Traffic Report and Traffic Analysis The majority of work defined in this scope of services is to be completed under this activity. The following sub-tasks will be completed: • Coordination: RPA will coordinate with Chief Joseph Middle School, residences, the Baxter Meadows HOA, and other subdivision groups as necessary to determine existing problems and concerns about the project. Formal meetings, detailed design information, and drawings of the alternatives will not be part of the coordination with these groups. The intent is for all public comment on the alternatives to be made through the City Commission process. • Existing and Projected Conditions Analysis: The traffic data collected by RPA and additional information provided by the city of Bozeman will be used to establish existing conditions. Future growth rates provided by the city of Bozeman, information from adjacent existing subdivision traffic studies, and estimates of traffic volumes for future planned subdivisions or commercial facilities will be used to establish projected conditions. • Traffic Safety / Crash Analysis: Crash data provided by the City of Bozeman and MDT will be reviewed to identify trends and areas of concerns. The evaluation will include engineering and behavioral influences to the area including gap acceptance, conflict areas, and impacts from nearby properties. • Signal Warrant Analysis:A signal warrant analysis will be performed for the intersection. • Develop Preliminary Alternatives: Preliminary intersection alternatives and roadway configurations will be determined. Geometric layout of the two alternatives is provided under Task 1.10. • Roundabout/Signal Traffic Analysis: A traffic analysis of the preliminary alternatives will be conducted using Synchro and SIDRA software. The modeling and animations prepared for the Commission presentation will be performed under Task 1.9. • Roundabout Pedestrian Signal Impacts:The traffic analysis will include capacity impacts from any necessary pedestrian signals located on any multi-lane leg of the roundabout alternative. Pedestrian signal system options will also be investigated and included in the traffic report. • Draft Traffic Report and Alternatives Analysis: In conjunction with Task 1.10, an impact analysis and cost comparison will be performed and summarized for the two alternatives. A draft traffic report will be developed for review by City staff. The traffic report will include existing and projected conditions analysis, alternatives, recommendations, and all other work items listed under this task. Task 1.9: Traffic Modeling RPA will model three configurations with Synchro and SIDRA including the 4-way stop, a signal, and a roundabout with the preferred lane configurations. This task will produce the animated Synchro presentation for the Commission meeting. The work under this task does not include VISSIM modeling or traffic modeling overlaid on the 3d visualization. The existing 4-way configuration is modeled for the baseline scenario. The baseline is used to calibrate the existing model first, to ensure the model is accurate and matches existing conditions. The calibration is then applied to the future scenarios. Robert Peccia and Associates Page 3of 4 Exhibit A Baxter Davis Intersection Improvements Scope of Services Task 1.10: Conceptual Designs RPA will prepare geometric layouts of the two alternatives for a roundabout and signal, including the associated lane configurations, for approximately a 30% design. The layouts will be developed based on current city of Bozeman and AASHTO standards and accommodate a WB-50 design vehicle. The layouts will be overlaid on aerial photography and the completed field surveys. Preliminary pedestrian signal layout on multi-lane legs of the roundabout will also be included as necessary. Preliminary hydraulics analysis will be performed to estimate detention pond size requirements and configuration. The impacts to right-of-way,wetlands, utilities, non-motorized facilities, detention ponds, irrigation, and other items will be determined for both alternatives. Planning level cost estimates will also be developed to accurately compare the alternatives. This task does not include final design, final construction limits, landscaping, grading, electrical, signing, alignments or profiles of the alternatives. Task 1.11: Visualizations RPA will prepare 3d renderings/visualizations overlaid on Google Earth for the two alternatives of a signal and roundabout. Any landscaping shown within the visualizations will be generic and non-descript. This task does not include VISSIM animations on the visualizations. Task 1.12: Develop City Commission Package RPA will prepare the City Commission project information package and presentation for review with City staff. Task 1.13: City Review Meeting A meeting will be held with the City staff to discuss the results of the alternatives analysis, the draft traffic report content, and the City Commission package and presentation material. RPA will revise these documents as necessary based on City review comments. Task 1.14: City Commission Presentation This task includes preparation for and the presentation to the City Commission of the intersection alternatives analysis and recommendations. Four hard copies and an electronic PDF of the Commission presentation package will be submitted for delivery to the City Commission. Task 1.15: Final Traffic Report The draft traffic report will be revised to include the final recommendation or decision of the City Commission meeting. Three bound hard copies and an electronic PDF of the final traffic report will be submitted. SCHEDULE The pre-design phase will be completed by January 23, 2015. The City is requesting the construction of the intersection be completed during the school shutdown period in the summer of 2015. Robert Peccia and Associates Page 4of 4 Exhibit A BAXTER/OAVIS INTERSECTION IMPROVEMENTS FEE ESTIMATE EXHIBIT B DATE.11/3/2014 FEE ESTIMATE PI0RS(N HOURS OA/QC PROJECT SENIOR SR.TRAFFIC TRAFFIC TRAFFIC STAFF ENVIRON. LANDSCP. SURVEYOR ACCOUNTING CLERICAL TOTAL WORK ITEM/SUBTASK PRINCIPAL REVIEWER MANAGER ENGINEER PLANNER PLANNER TECH ENGINEER PLANNER ARCHITECT PERSON Billing Rate: $59.25 $44.58 $45.12 $39.53 $49.78 $35.68 $24.87 530.88 $41.93 $35.68 $39.29 $29.44 $21.02 HOURS TASK 1 PRE-DESION 1.1 Project Evaluation and Management Prepare for 6 attend scoping meeting 41 5 Develop scope ofserwdes and schedule 4I 5 Develop cost proposal 2 1 t 1 5 Pnme 4 subconsultant services agreement 1 2 3 Invoicing(assume 3 months) 3 3 1.2 Traffic Data Collection Idol/larva vehicle,bicycle&pedesman turning movement coarcts(1 intersection,see Direct Expenses) Field Review,queueing data collection,ADT counts 10 10 L3 Survey Research,obtain existing RrW plans 6 deeds(by HKM) Topographic,utility(survey of one.call locates),RAY control& wedand survey 24 24 Obtain 8 incorporate pnvate&public utility as-boats 4 4 Computation 6 adjustment sheets 4 4 Develop mapping files 8 existing ground surface S g 1,4 Preliminary Geotechnical See subconsulant scope 6 proposal 1,5 Wetland Debneation See subconsultant scope 4 proposal 1.6 Preliminary Environmental Coorbnation Preliminary 404 COE Nationwide Permit coorttinabon 4 4 Preliminary 124 MT SPA Permd coordination 4 4 Preliminary FWP coordination 1 1 1.7 Prebmnary Imgatwn Coordination 4 4 1.8 Draft Traffic Report&Traffic Analysis Existing end projected conditions analysis 8 4 12 Traffic safety&crash analysis 1 2 3 Signal wananf analysis 4 2 6 Develop preliminary alternatives 2 2 RoundaboudSignal traffic analysis 2 2 4 Roundabout pedestrian signal Impacts 2 2 Draft traffic report&alternatives analysis 4 16 20 (WOG Review 2 2 4 1.9 Traffic Modeling SynchrolSIDRA modeling of 3 cases 4 way stop for baseline. new signal 8 new roundabout 164 20 1.10 Conceptual Designs Geometric layouts of 2 alternatives:signal&roundabout 4 16 20 Roundabout pedestnen signal prebmnery layout 1 1 Prehminaryhydraubc analysis for detention pond Impacts 4 4 Determine impacts-RAN,utility,wetlands,non-motorized 4 4 Planning level cost estimates of two alternatives 4 4 1.11 Visualizations 30 rendenng of two alternatives.signal and roundabout 40 40 1.12 Develop City Commission Package 8 24 14 1.13 City Review Meeting Submittal of draft traffic report and altematives analysis 1 1 2 Submittal of Commission package1 I 2 City Review Meeting 2 5 7 Revisions to drag report&C011111113$1011package,submit 1 1 1 3 Page 1 of 2 EXHIBIT 13 BAXTER/DAVIS INTERSECTION IMPROVEMENTS FEE ESTIMATE EXHIBIT B DATE:11/3/2014 FEE ESTIMATE PERSON I;Of IR.S QA/QC PROJECT SENIOR SR.TRAFFIC TRAFFIC TRAFFIC STAFF ENVIRON. LANDSCP. SURVEYOR ACCOUNTING CLERICAL TOTAL WORK ITEMISUBTASK PRINCIPAL REVIEWER MANAGER ENGINEER PLANNER PLANNER TECH ENGINEER PLANNER ARCHITECT PERSON Billing Rate: $59.25 $44.58 $45.12 $39.53 $45.78 $34.68 924.87 $30.88 $41.93 $35.68 $39.29 $29.44 $21.02 HOURS 1,14 City Commission Presentation Prepare for presentation t 4 4 9 Deliver Commission presentation 2 6 6 14 1.15 Final Traffic Report Revise report based on Commission decision I 2 2 5 Review B Submdtal of Final traffic reportI 1 2 4 TOTAL PERSON-HOURS: 1 1 18 17 15 74 34 36 9 40 37 3 5 290 LABOR COST PER EMPLOYEE: $59.25 $44.58 $812.16 $672.01 $686.70 $2,640.32 $845.58 $1,111.68 $377.37 $1,427.20 $1,453.73 $88.32 $105.10 $10,324.00 DIRECT EXPENSES Total Subcontracted Services(Respect 52,000.00(x his field.4 his.forms,4 his report x 01254o=52,000 for NE stream and SW pond) Subcontracted Services(SK Geotechnical) $850.00 Mileage($0.56/mile) $504.00(Helena to Rorcmon 2 trips for osrroy ng,I trip for traffic and data collcruon, I trip for muss meeting,I nip for Commission presenteaoa) Misc.(phone,postage,survey materials,quads) 5100,00 Per Diem-NonOvernight(8 days x 323/day x 2 Helena employees) 5161.00 (2 days for Helens sunryor,1 day for tratEc and data collection.1 day for commission meeting.I day for review muting) GPS($400 per days 2 days) $800.00 MioVision Turning Movement Counts(580.50/hour x 16 hours x 1 day) $1.288.00 Color copies($1/page) $130,00 (3 bound traffic reports x 15 pages.4 sets ofCommission package) Computer($2.257hour) $252.00 CADD($6lhour) $936.00 Total Direct Expenses: $7,021.00 SUMMARY OF ENGINEERING SERVICES Total Loaded Labor Cost $11,419.81 Direct Expenses 57,021.00 Total Project Cost(Rounded): $38,441 Page 2 of 2 EXHIBIT B SK �� 2511 Holman Avenue EOTECHNICAL) P. O. Box 80190 Billings, Montana 59108-0190 p: 406.652.3930; f: 406.652.3944 www.skgeotechnical.corn October 27,2014 Proposal P-2160 Ms. Staci Venner,PE Robert Peccia&Associates,Inc. Via Email: staci@rpa-hln.com Dear Ms.Venner: Re: Proposal for a Preliminary Pre-design Pavement Evaluation,Proposed Signal/Roundabout,Baxter Lane and Davis Lane Intersection,Bozeman,Montana As you requested in an October 21,2014,request-for-proposal email,we are pleased to furnish this proposal for a preliminary pre-design pavement evaluation for the proposed signal/roundabout at the intersection of Baxter Lane and Davis Lane in Bozeman,Montana. For the purpose of the preliminary pavement evaluation,our scope of services will include: • Reviewing four of five pavement sections within the project limits. • Estimate a preliminary ESAL value, because actual information is not available at this time. • Determine a preliminary pavement section based on a CBR of 3 and the assumed ESAL value. We will furnish the services described for a lump sum of$850. Our preliminary analysis and recommendations will be submitted in a letter report. If this proposal is acceptable,we have assumed you will prepare a subcontract for our review and signature. If additional services are needed,we will contact you for additional authorization. Current scheduling would permit us to begin the work within one to two weeks after authorization to proceed. We anticipate the preliminary analysis and report preparation will take about one week to complete. We appreciate the opportunity to present this proposal. If you have any questions,please contact us at your convenience. Sincerely, Chad C.Binstock Senior Engineering Assistant/Drill Supervisor ��� Gregory T. taffileno,PE Reviewing Engineer (jRESIC WATER & NATURAt RESOURCES November 4,2014 Staci Venner Project Manager Robert Peccia &Associates 3810 Valley Commons Drive,Suite 4 Bozeman, Montana 59718 Subject: Wetland delineations for the Baxter Road/Davis Road Intersection Project Dear Staci, Thank you for your interest in using RESPEC for the subject project in Bozeman, Montana. The project would include the two tasks described below,with the understanding the Robert Peccia and Associates would survey wetland flags placed in the field and that RPA would provide any requested figures for the memo. We understand that the field work would need to be completed as soon as possible,and that permitting would be completed in a subsequent phase. The project extent is depicted in the attached map that you provided to us previously. Task 1—Wetland Delineation In Task 1 RESPEC will complete a field wetland delineation using appropriate guidance. A RESPEC wetland scientist will flag wetland boundaries labelled in sequential order so that RPA surveyors can survey them. RESPEC will complete upland and wetland data forms to establish the wetland boundary under this task. A preliminary jurisdictional determination will also be made in the field. Task 2—Wetland Determination Memo In Task 2 RESPEC will complete a brief one page memo and photo log documenting the field work completed. Cost Estimate Task Hours Hourly Rate Cost Task 1—Wetland Delineation 12 $125 $1,500 Task 2—Wetland Determination Report 4 $125 $500 Total 16 -- $2,000 1 3810 Valley Commons Drive,Suite 4, Bozeman,MT 59718 Phone: 406-599-2138 n RESPEC WATER d NATURAL RESOURCES We appreciate the opportunity to assist you with this project. Please do not hesitate to contact me with any questions or comments you may have. Sincerely, iw E. iffat-7 Richard McEldowney, PWS Project Manager 406-599-2138 rich.mceldowney@respec.com 2 3810 Valley Commons Drive,Suite 4, Bozeman,MT 59718 Phone: 406-599-2138