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HomeMy WebLinkAbout15- Sanderson Stewart Pre-design services for the Oak Street ImprovementsPROFESSIONAL SERVICES AGREEMENT THIS IS AN AGREEMENT made as of .. , between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Monta a, 59715 (OWNER) and Sanderson Stewart, Bozeman, Montana, 59715 (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 Work), 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 consists of pre -design services for the Oak Sheet Improvements — L Street to Cottonwood Road. These services will include a traffic impact study, evaluation of signals vs. roundabouts, topographic survey, geotechnical analysis, preliminary stormwater analysis, concept level design, opinions of probable cost, identification of public and private utility conflicts/extensions, preliminary right-of-way analysis, and trail alignment concepts for the future Rouse Avenue to Front Street/Wallace Avenue connection. It will conclude with a pre -design report and presentation to the City Commission. 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 set -vices will include, but not be limited to, serving as OWNER's professional engineering representative for the Project, providing professional engineering consultation and advice and furnishing customary civil and structural engineering services incidental thereto. 2.2. The ENGINEER shall furnish all labor, materials, equipment, supplies, and incidentals necessary to conduct and complete the ENGINEER'S portions of the Project and to prepare and deliver to the OWNER all data, reports, plans, specifications, and recommendations as designated herein. 2.3. The ENGINEER shall ascertain such information as may have a bearing on the work from local units of government, public, and private organizations and shall be authorized to procure information from other authorities as to the extent of these contacts and the results thereof. 2.4. The ENGINEER'S work shall be in accordance with the standards of sound engineering practices. 2.5. The ENGINEER shall name a Principal -In -Charge for the duration of the project. The Principal -In -Charge shall be Mac Fo eg lsong, PE, LEED AP. 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 Danielle Scharf, PE, PTOE, LEED AP. 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, PE. 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 ONWMR will be .-esp Bible for A dyeihisiag Bid Openings. 3.5 The, OWNER shall attend the pfe bid eonferenees, bid openings, pro eenstmotion e eenstruetionpi!ogress and otherjob related ineetings, substantial Gompletion insperations and final payment . 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 fi•om 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. hearings,4.1.6 Assist in formation of Speeial impfovement Districts (SID) by preparing district boundary desoriptions and maps, preparing a property oA%er's and assessments role lists inoluding project assessme costs based on the preliminary pr-ojeot oost estimates, and providing teelmical 4ifoFfflation at SID pi if appheable. 4.1.7. Prepare a Report containing schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate clearly the considerations involved (including applicable requirements of governmental authorities having jurisdiction as aforesaid) and the alternative solutions available to OWNER and setting forth ENGINEER's findings and recommendations. This Report will be accompanied by ENGINEER's opinion of probable costs for the Project, including the following which will be separately itemized: Construction Cost, allowance for engineering costs and contingencies, and (on the basis of information furnished by OWNER) allowances for such other items as charges of all other professionals and consultants, for the cost of land and rights-of-way, for compensation for or damages to properties, for interest and financing charges and for other services to be provided by others for Owner. The total of all such costs, allowance, etc. are hereinafter called "Total Project Costs". 4.1.8. Furnish 3 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 240 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. 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: 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 set -vices performed as Basic Engineering Services under sections 4.1 through 4.3 of this agreement pay a total sum in the amount of $134,230.50 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: $120,807.45 (90% of design fee) until the Final Pre -Design 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 set -vices 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 set -vices (4.1 through 4.4) and are not separately reimbursable. Additional Services specifically identified under the scope of design set -vices for payment under 6.1 are not separately reimbursable. 6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER. Construction and project doeumentatien serviees perfer-m@d as Basie Engiae@fing SeB4ees under sections 4.4 thr-ough 477 Const,.,,etion'Postin shall be , + d in aeoor-dance with the following: 6.2.1 The OANER shall pay for- Construction Phase and PfejeGt Documen4ation Serviees an amotiat not4o €xGeed exeept as provided under- 6.2.1.2 .,n 6.2-47 MIM .. .... 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_0, or an amount otherwise negotiated at the time such services are requested and approved by the OWNER. ARTICLE 7 - MEANING OF TERMS 7.1 AGREEMENT As used herein the term "this Agreement" refers to the contents of this document and its Exhibits attached hereto and referred to as if they were part of one and the same document. 7.2 CONSTRUCTION COSTS The construction cost of the entire Project (herein referred to as "Construction Cost") means the total cost to OWNER of those portions of the entire Project designed and specified by ENGINEER, but it will not include ENGINEER's compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, properties unless this Agreement so specifies, nor will it include OWNER's legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the Project or the cost of other services to be provided by others to OWNER. 7.3 DIRECT LABOR COSTS PA 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: Principal $51.68/hour Project Manager $48.08/hour Senior Engineer $48.08/hour Project Engineer $30.77/hour Staff Engineer $26.00/hour Landscape Architect/Land Planner $35.34/hour CADD Designer $26.50/hour Senior Professional Land Surveyor $38.46/hour Staff Surveyor $30.05/hour Graphic Artist $31.12/hour Clerical $24.00/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, 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 set -vices 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 set -vices by the ENGINEER hereunder shall be made available to the OWNER, or their authorized representatives for audit and review, at the ENGINEER'S respective offices at all reasonable times during the contract period and for three years from the date of final payment. 9.3 EMPLOYMENT The ENGINEER warrants that he has not employed or retained any company or persons, other than a bona fide employee, working solely for the ENGINEER, to solicit to secure this contract, and that he has not paid or agreed to pay any company or person, other than bona fide employees working solely for the ENGINEER, any fee, commission, percentage, brokerage fee, gifts or any other considerations contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the OWNER shall have the right to annul the Contract without liability or in its discretion to deduct from the price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. All employees of the ENGINEER or other persons while engaged in the performance of work or services required by the ENGINEER shall be considered employees of the ENGINEER only and not of the OWNER. 9.4 NONDISCRIMINATION The ENGINEER will 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 any character, including attorney's fees, which is brought or asserted for any bodily injury, death, or physical damage to property received or sustained by any person, persons, property, business or any other entity, arising out of or resulting from, or in connection with the ENGINEER'S negligent performance of the work specified in this agreement. 9.7.3. The ENGINEER agrees to defend, indemnify and hold harmless the OWNER, its officers, directors, agents and employees, should OWNER, its officers, directors, agents or employees be named as a defendant in any action where the OWNER'S alleged liability arises from the negligent performance of the ENGINEER'S work herein described. The obligations of the ENGINEER to defend, indemnify and hold harmless the OWNER will apply to any suit, cause of action, claim, cost or obligation including, without limitation, those alleged under the common law or pursuant to a federal or state statute or regulation including those arising in tort, trespass, nuisance, and strict liability. 9.7.4 In the event the OWNER is found proportionately responsible for any damages ultimately awarded to a plaintiff or plaintiffs in any lawsuit, the ENGINEER will be responsible for only those damages, costs, or liabilities as are attributable to the ENGINEER'S percent of fault as compared with 100% of the fault giving rise to the damages. Should the OWNER be found responsible for negligence by its own officers, directors, agents or employees, then in that event the OWNER agrees to reimburse the ENGINEER for the reasonable attorney's fees and costs incurred in any defense of the OWNER in an amount proportional to the fault attributed to the OWNER. The indemnity required herein shall not be limited by reason of the specification of any particular insurance coverage in this Agreement. 9.7.5 Should either OWNER or ENGINEER be held responsible, for any damages, costs or liabilities resulting from intentional misconduct by any officer, director, agent or employee in connection with the work specified in this Agreement, then in that event, that party shall defend, indemnify and hold harmless the other as to any damages, costs or liabilities that result from or arise out of that intentional misconduct, including reasonable attorney's fees and costs which shall include costs and salary of the city attorney or other in-house counsel. Further, notwithstanding the obligations set forth in paragraphs 9.7.2 and 9.7.3 above, the ENGINEER agrees to defend OWNER where the OWNER'S alleged liability arises from intentional misconduct by the ENGINEER. Should the OWNER be found responsible for intentional misconduct by its own officer, director, agent or employee, then OWNER agrees to reimburse ENGINEER for the reasonable attorney's fees and costs incurred in any defense of the OWNER. 9.7.6 The ENGINEER shall perform this agreement as an independent contractor, and as such, is responsible to the OWNER only as to the results to be obtained in the work herein specified, and to the extent that the work shall be done in accordance with the terms, plans and specifications. The ENGINEER shall have and maintain complete control over all of its employees, subcontractors, agents and operations, being responsible for any required payroll deductions and providing required benefits, such as, but not limited to worker's compensation with statutory limits, and unemployment insurance. 9.8 INSURANCE The ENGINEER shall secure and furnish to the OWNER certificate of insurance, therein, naming the OWNER as an additional insured, to include thirty (30) days notice of cancellation or non -renewal. Without limiting any of ENGINEER's obligations hereunder, ENGINEER shall secure and maintain, until the work is completed and accepted by the OWNER, insurance coverage naming the OWNER as additional insured with minimum insurance coverage as follows: Type of Coverage Limits Employers' Liability: $ 100,000. per accident General Liability: BodilyI jury & 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 BodilyInjury & 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. 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. 912 PROPRIETARY RIGHTS If patentable discoveries or inventions should result from work required herein, all rights accruing from such discoveries or inventions shall be joint property of the ENGINEER and the OWNER. Provided that the OWNER, state agencies or political subdivisions and the United States Government shall have the irrevocable, nonexclusive, nontransferable and royalty -free license to use each invention in the manufacture, use and disposition, according to law, of any article or material, and in the use of any method that may be developed as part of the work described and contemplated herein. 9.13 RECORDS The ENGINEER shall maintain accounting records and other evidence pertaining to the cost incurred and to make the records available at all reasonable times during the Contract term and for one (1) year from the date of final payment. Such accounting records and other evidence pertaining to the cost incurred will be made available for inspections by OWNER. 9.14 SUCCESSORS IN INTEREST The covenants, agreements and all statements in this Contract apply to and shall be binding on the heirs, personal representatives, successors and assigns of the respective parties. 9.15 ATTORNEY'S FEES AND COSTS That in the event it becomes necessary for either Party of this Contract to retain an attorney to enforce any of the terms or conditions of this Contract or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 9.16 MODIFICATIONS AND AMENDMENTS That any amendment or modification of this Contract or any provisions herein shall be made in writing or executed in the same manner as this original document and shall after execution become a part of this Contract. In witness Whereof, the Parties hereto do make and execute this Agreement. CITY OF BOZEMAN, MONTANA ENGINEER BY: BY: (City Manager) Bozeman B anch Manager DATE: j A,- ATTEST:1141 BY: u r DATE: P 9 SANDE RSONSTEWART `�•, Exhibit A Oak Street Improvements — L Street to Cottonwood Road Scope of Work 2/26/15 Sanderson Stewart is pleased to provide this scope of work for the Oak Street Improvements project, along with our subconsultants, Marvin & Associates and Terracon. The initial contract phase for the Oak Street Improvements project will consist of pre -design services only. These services will include a traffic impact study, evaluation of signals vs. roundabouts, topographic survey, geotechnical analysis, preliminary stormwater analysis, concept -level design of intersection improvements, opinions of probable cost, identification of public and private utility conflicts/extensions, preliminary right-of-way review, and trail alignment concepts for the future Rouse Avenue to Front Street/Wallace Avenue connection. It will conclude with a pre -design report and presentation to the City Commission, A detailed scope of services for these pre -design tasks is outlined as follows. Phase 1 - Project Initiation This phase of the project will include all project initiation and planning tasks, including scoping, contract preparation, meetings with the City of Bozeman and coordination with sub -consultants. All project management tasks, client meetings and subconsultant coordination for tasks beyond project initiation will be allocated to the remaining project phases. Phase 2 - Traffic Data Collection Traffic data collection will consist of average daily traffic (ADT) volumes at four locations along the corridor, spaced at approximate 1 -mile increments between major intersections, and AM and PM peak hour turning movement counts at the following intersections: ■ Oak/Rouse ■ Oak/N 7th Ave ■ Oak/N 11th Ave ■ Oak/N 15th Ave ■ Oak/N 19th Ave ■ Oak/N 27th Ave ■ Oak/Davis Lane ■ Oak/Ferguson Ave Traffic data will be collected using Miovision video counters. The initial processing of the data will consist of 2 -hour durations over each peak period for turning movement counts and will include trucks, bicycles and pedestrians. ADT volumes will also include a breakdown of trucks, bicycles and pedestrians, as well as directional distribution. ADT count locations will coincide with intersection counts to avoid duplication of effort. Video data will be stored throughout the duration of the project in case additional processing is needed. Phase 3 - Traffic Impact Study (TIS) Preparation of the traffic impact study will include design year (20 -year) traffic volume projections, including background growth and known developments, and capacity analysis for all major intersections included in the data collection task for both AM and PM peak hours. Existing signalized intersections will be evaluated for operational improvements. A complete evaluation of signals vs. roundabouts will be conducted for each of these intersections with design year volumes. A traffic signal warrant analysis will not be completed at this time. This phase will also include review and analysis of crash data for the past 3 years, corridor traffic simulation for both peak periods using either Synchro or Vissim, and evaluation of bike/ped accommodations along the corridor including potential enhancements for high -demand crossing locations. The City of Bozeman will provide crash data and copies of traffic impact studies prepared for area developments. Crash data will also be requested from MDT. Minor intersections along the corridor will not be evaluated in detail for this pre -design phase. A preliminary TIS report will be prepared for review by the City of Bozeman. It will be a formal bound report with all tables and figures necessary to summarize the various analysis tasks and recommended improvements. The final TIS, incorporating any City review comments, will be a component of the pre -design report. Many of the tasks required for the TIS will be completed by Marvin & Associates. A breakdown of their scope and fee is included as an attachment to this scoping document for reference. Phase 4 — East End Trail Alignment Alternatives Sanderson Stewart will meet with the Gallatin Valley Land Trust and evaluate trail alignment alternatives for the east end of the project, from Rouse Avenue to Front Street/Wallace Avenue, to provide a future connection between existing area trails. Tasks will include concept -level exhibit drawings and cost estimates for up to two alternatives. A detailed trail design will not be included at this time. Roadway alignment alternatives and railroad crossing alternatives also mill not be included at this time. Phase 5 - Preliminary Stormwater Analysis This task will include a cursory review of existing stormwater infrastructure, identification of low points along the corridor and locations where future detention ponds will be needed. Potential problem areas will be identified, but the sizing of stormwater infrastructure mill be completed with a future phase of the project. Sanderson Stewart will coordinate with the City Stormwater Management Department as needed and will ensure conformance with the City's Stormwater Facilities Plan. Phase 6 - Wetland Delineation This phase of the project will consist of the field delineation and functional assessment of all potential waters of the U.S., including wetlands, along the Oak Street corridor from Rouse Avenue to Ferguson Avenue and Flanders NEE Road to Cottonwood Road (study area excludes Ferguson to Flanders Mill). Several irrigation ditches and streams cross Oak Street within the project corridor. The extent of waterways and wetlands within the projected Oak Street right-of-way will be flagged, surveyed and included in the base drawings. If calculated impacts to any waters of the U.S. require a Section 404 permit, then Sanderson Stewart will prepare and submit the appropriate permit application as part of a future phase of the project. It is anticipated that mitigation will not be required for this phase of the project. Phase 7 - Geotechnical Analysis Soils and pavement design evaluations will be conducted and recommendations for the roadway surfacing section will be prepared using a CBR of 3. No soil borings or cores of existing asphalt will be provided for this pre -design phase of the project. Terracon will prepare a brief geotechnical report summarizing their findings that ,will be included in the overall pre -design report. If they determine that additional analysis will be required, those recommendations will be provided in the pre -design report and will be completed as part of a future project phase. A scope of services for this task provided by Terracon is included as an attachment to this scoping document. Phase 8 - TopoWnhic Survey A detailed topographic suivey of the Oak Street corridor will be conducted from Rouse Avenue to Cottonwood Road using a combination of GPS, scanning and total station techniques. The topographic survey will cover the areas identified for improvement along the entire corridor, except from Ferguson to Flanders Mill and from Rouse Avenue to the east. Survey tasks will include compilation of all plats and certificates of survey along the corridor as provided by the City of Bozeman. A corner search to establish right-of-way will be conducted, but a complete boundary survey is not included. Up to 40 hours of field time will be spent searching for property corners. Additional pre -survey research will be conducted as required and survey control will be set by Sanderson Stewart with monuments at a minimum spacing of 0.5 miles. The level of detail required for the survey will vary relative to the level of improvement required for each segment. Sanderson Stewart will assemble and review existing as -built drawings for the corridor as available from the City of Bozeman, MDT, and private utilities. Base drawings will be prepared in Autocad format following the completion of the topographic survey, and additional pick-up topo will be conducted as needed throughout the duration of the project. Public and private utilities will be located prior to the survey via one -call for inclusion in base drawings, This phase also includes traffic control needed for the completion of survey tasks. Phase 9 - Conceptual Design Design concepts at this phase of the project will consist of geometrics and lane configurations for signalized and roundabout alternatives at five arterial intersections. Potential right-of-way impacts will be identified for each alternative. Concept drawings will be prepared in plan view only. The following design tasks will not be completed at this phase of the project: corridor lighting, utilities, strornwater facilities, bike/pedestrian facilities. The deliverable for this phase will include 11x17 plan drawings incorporating the base topographic survey and proposed 'improvements overlaid on an aerial image. This phase will include coordination with the City's right- of-way consultant as necessary for a preliminary review of right-of-way constraints. Opinions of probable cost with 10% design and 10% construction contingencies -,vill be prepared for improvements considered in the conceptual design. Phase 10 - Pre -Design Report The findings from phases 1-9 will be summarized and documented through the preparation of a detailed pre - design report. This report will be a bound report including concept level design drawings, opinions of probable cost and various recommended improvements for the corridor. A draft report will be prepared for review by the City of Bozeman, and the report will then finalized following receipt of review comments and City Commission decision on design alternatives. The final deliverable will consist of three bound hard copies of the final report and an electronic copy in pdf format. Phase 11- City Commission Presentation Upon review and approval of the pre -design report by City staff, Sanderson Stewart will prepare a presentation for the City Commission that will include design alternatives for intersection improvements and any other high- level design decisions that will require Commission consideration before proceeding with the next phase of the Oak Street Improvements project. Schedule The anticipated schedule for this project consists of a pre -design report deliverable and Commission presentation within 8 months of notice to proceed. 7 O CO O O O 'V' O 0) M N (00 N CO N � O M It 00 F+ E R 4Y 69 Ui 4T F � � wy � 69- 619, � 6R (N O U O 4 000 O N O N 'd N N (0 r V M 000 M CD 00 G 69J V 0 N er d o cfl o Co co °r° Lr)M v co W C w Cl) yLL W aa)j O d E 4n o 4) 7 N O a) m ` o U > LL N N o od 4 � W `o U (n rn C o CL (D o m o U U o Co a ° e o CO > o O a a O C Q NC p 'O � N a) (tea oZf 7 c Ua) E © a O C C O U " o A o a) M (a rn (a [x ::3 o 'E �_ c N 'o o. ((U��j N o m m `�' 00 O a C w "" d) CwC l.. 0 64 .� FD a) 0 C Q O to O o (a a i O Q N 5 (U C) 6 a) OZS 4O� (a O > CO a cn rn T d iii V '� >O J O C U > _N p) O cu ccra Q a N w o o CL o m m m co C c 0 (a w (n U 0,1 a a Z a a>i a>i m a>i �, aa)) a>i Q a d r N M v (n a r N M Cd r N w r U v E t) N Em m � F- r a a. Danielle Scharf From: Rome, Gary <gwrome@terracon.com> Sent: Monday, December 22, 2014 11:25 AM To: Danielle Scharf Cc: Pierce, Jim F. Subject: RE: Oak Street Improvements - Scope and Fee 22 December 2014 Danielle, Pursuant to our phone call: Given a CBR value and a traffic count (ESAL value), we can provide you with a short letter and section recommendations for — $1,000. This would be for preliminary purposes. Our presumption would be that the City would have to prepare the subgrade to appropriate compaction and moisture content, then place Crushed Base Course (CBC) and a pavement section. If there is a paved road or graveled road in place, then they may have crushed base course in place and want recommendations, or it may be pit run or something like that. Then we would have to negotiate a scope of work based on common understandings and assumptions with regard to the exploration program we would pursue, condition of the in-place CBC or whatever the material might actually be, etc. I hope this is reasonably clear. Regards, Gary W. Rome, P.E. Senior Principal I Regional Manager Terracon 2110 Overland Avenue, Suite 124 1 Billings, MT 59102 P 406-656-3072 1 M 406-670-2591 gwrome terracon.com I terracon.com From: Danielle Scharf[mailto:dscharf@sandersonstewart.com] Sent: Wednesday, December 17, 2014 9:18 AM To: Rome, Gary Cc: Dworsky, Michael A Subject: Oak Street Improvements - Scope and Fee Hi Gary, As I mentioned, the City of Bozeman selected our team for the Oak Street Improvements project. It runs from Cottonwood to Rouse and also includes some roadway alignment and railroad crossing alternatives east of Rouse to L Street. We will initially be getting under contract just for pre -design services, which will include at least some preliminary geotechnical analysis. They apparently do not want to do any borings or cores of the existing asphalt at this time. They would like recommendations for pavement section based on the 20 -year traffic projections we'll be preparing and a CBR value of 3. If you feel additional subsurface investigations are required, we can make those recommendations in the pre -design report and include those services in the design phase of the project. I think your deliverable for pre -design will be a summary of your findings in report format that can be included in the overall pre -design report. Do you have time yet this week to get me your fees for these initial services? I would also appreciate any language that you would like included in the overall scope of work, particularly if you want to specify exactly what will and will not be included. Please let me know what you think. Thanks, Danielle DANIELLE SCHARF PEIPTOEILEED AP ASSOCIATE PRINCIPAL I BRANCH MANAGER BILLINGS I BOZEMAN I PLAINS I DENVER I WILLISTON DIRECT 1406.922.4325 CELL 1406.698.3233 PHONE 1406.522.9876 WWW.SANDERSONSTEWART.COM Terracon provides environmental, facilities, geotechnical, and materials consulting engineering services delivered with responsiveness, resourcefulness, and reliability. Private and confidential as detailed here (www.terracon.com/disclaimer). If you cannot access hyperlink, please e-mail sender.