HomeMy WebLinkAbout15- Amendment No. 1 Robert Peccia and Associates for Baxter Davis Intersection ImprovementsAmendment No. 1 to Professional Services Agreement
for Baxter Davis Intersection Improvements
THIS AGREEMENT is made as of this2- day of ,, , 2015,
between THE CITY OF BOZEMAN, a Municipal Corporation, Bozei4an, Montana, herein referred
to as OWNER and Robert Peccia and Associates Helena Montana 59604, an Engineering Consulting
Firm of Bozeman, Montana, herein referred to as ENGINEER.
WHEREAS, the parties have entered into a Professional Services Agreement dated December
1, 2014, herein referred to as Original Agreement for professional engineering services; and
WHEREAS, the parties desire to further amend the provisions of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
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 final design phase for improvements to the intersection of Baxter Lane and Davis
Lane. The City Commission approved the traffic signal alternative at the April 13t", 2015 meeting.
Intersection improvements include the widening of Baxter and Davis Lanes, intersection radii revisions
for a WB -50 design vehicle, installation of a traffic signal with radar detection and luminaires with
LEDs, new detention basins, extension of the Section Line Ditch culvert, utility relocations, and storm
drain modifications. Work tasks include environmental permitting and mitigation, geotechnical services
for the signal foundations, subsurface utility investigations, coordination with the Farmer's Canal
representatives, and final design services for production of the Plans, Specifications and Estimate
(PS&E) package.
1.2. The scope of services under this contract is set forth in this agreement and the attached EXHIBITS.
4.2 PRELIMINARY DESIGN PHASE
After acceptance of the pre -design report and receipt of written authorization to proceed with the Preliminary
Design Phase, ENGINEER shall:
4.2.1. In consultation with OWNER determine general scope, extent and character of the Project.
4.2.2. ENGINEER shall then prepare a Preliminary Design Report, preliminary plans and
specifications and a written description for the Project.
4.2.3. Preliminary Design Report: Specific items to be addressed in the design report will include,
but not be limited to:
4.2.3.1. Summary of construction requirements with appropriate drawings for each task
included in the project.
4.2.3.2. Plans for providing water and sewer services for affected properties during
construction.
4.2.3.3. Summary geotechnical report for specific tasks, if needed.
4.2.3.4. Special design considerations for Project tasks with conditions not covered in standard
construction methods or specifications.
4.2.3.5. A traffic control plan for each project task, if necessary.
4.2.4. Design and Construction Survey_ The ENGINEER shall conduct a design field survey of the
project areas, as necessary, for locating existing utilities (such as gas, power, telephone, TV cables,
water and sewer lines, irrigation facilities, fences, and approach driveways), existing right-of-way and
easements, and making measured drawings of or investigating conditions of existing facilities. The
ENGINEER shall provide suitable horizontal and vertical reference control points for the construction
phase.
4.2.5. Permits and Rights -of -Way: The ENGINEER shall obtain approved permits, licenses, and/or
easement agreements from private-'aversacether agencies or entities requiring similar
approvals prior to bidding. These approvals will be coordinated with the OWNER and will be
made on easement and permit documents approved by the OWNER. Information and easement
descriptions provided in the Basic Engineering Services will be based on data available from design
surveys and courthouse records.
4.2.6. Geotechnical Explorations and Analysis: The ENGINEER shall conduct such geotechnical
explorations and analysis as necessary for project design and bidding. A geotechnical report will be
prepared with recommendations relating to conditions pertinent to the design and construction of the
Project. Subsurface information will be obtained by reviewing any existing geotechnical data available
and using additional backhoe test pits and soil borings as necessary.
The ENGINEER shall furnish copies of a geotechnical report as requested to OWNER for use by
OWNER and Contractors, and review the results of the report with Contractors in a pre-bid meeting.
The report is to be prepared for design purposes; ENGINEER will not be responsible if it is used by
others for other purposes.
4.2.7. Preliminary Plans and Specifications. Prepare preliminary construction plans and
specifications with information which addresses the special features of each project task.
4.2.8. Based on the information contained in the preliminary design documents, ENGINEER will
submit a revised opinion of probable Total Project Costs to the OWNER.
4.2.9. ENGINEER shall prepare and furnish complete paper and electronic copies of preliminary
bidding documents and design report as requested to OWNER and at the same time furnish copies as
directed by OWNER to agencies and/or parties having regulatory responsibilities or direct financial
participation in any part of the Project; provide any technical criteria, written descriptions and design
data necessary for securing permits or approval from authorities having jurisdiction to review and
approve the design, and assist owner in securing such approvals; and review documents in person with
OWNER and review authorities, and, if necessary, conduct a plan -in -hand site review. All changes
agreed to between ENGINEER and OWNER will be noted in a memorandum from the ENGINEER to
the OWNER and incorporated into the final plans and specifications.
The Preliminary Design Phase will be completed and submitted within 75 calendar days following written
authorization from OWNER to ENGINEER to proceed with that phase of services.
4.3 FINAL DESIGN PHASE
After written authorization to proceed with the Final Design Phase, ENGINEER shall:
4.3.1. On the basis of the accepted Preliminary Design documents and the revised opinion of probable
Total Project Costs, prepare for incorporation in the Contract Documents final drawings and Technical
Specifications of sufficient detail to show the general scope, extent and detailed character of the work to
be furnished and performed by the Contractor(s) suitable for use in the project bidding and construction.
4.3.2. Advise OWNER of any adjustments to the latest opinion of probable Total Project Costs caused
by changes in general scope, extent or character or design requirements of the Project or Construction
Costs. Furnish to OWNER a revised opinion of probable Total Project Costs based on the Drawings
and Specifications.
4.3.3. Prepare for review and approval by OWNER, its legal counsel and other advisors, contract
agreement forms, general conditions and supplementary conditions, and (where appropriate) bid forms,
invitations to bid and instructions to bidders, special provisions, technical specifications, and standard
drawings, and other related contract documents in conformance with the latest edition of the Montana
Public Works Standard Specifications (MPWSS) and City of Bozeman Modifications to MPWSS
adopted by the City of Bozeman.
4.3.4. Furnish OWNER six copies and an electronic copy of the Contract Documents (including
design drawings, specifications and contracts).
The Final Phase will be complete and submitted within 15 calendar days following written authorization from
OWNER to ENGINEER to proceed with that phase of services.
ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE
6.1 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER
6.1.1 Pa_ ry Hent. The OWNER shall for design phase services performed as Basic Engineering
Services under sections 4.2 and 4.3 of this agreement pay a total sum in the amount of 92,582 for such
services.
6.1.2 Payment Schedule. Total cumulative payments for the design phase engineering services
(sections 4.2 and 4.3) shall not exceed the following ceilings:
."M
$46,291 (50% of design fee) until the Preliminary Plans and Specifications have been submitted to the
OWNER and review authorities.
$83,324 (90% of design fee) until the Final Plans and Specifications have 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 the original Agreement are reimbursable. All other design related expenses are included in the
Lump Sum Payment for the Basic services (4.2 and 4.3) and are not separately reimbursable.
Additional Services specifically identified under the scope of design services for payment under 6.1 are
not separately reimbursable.
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
$61.05/hour
QAQC Reviewer
$46.62/hour
Project Manager
$46.13/hour
Design Engineer
$41.33/hour
Staff Engineer
$34.12/hour
Environmental Planner
$43.25/hour
Surveyor
$40.3 7/hour
Surveyor Assistant
$33.23/hour
Accounting
$33.39/hour
Clerical
$25.22/hour
4
Except as specifically amended herein, the original agreement shall remain in full force and
effect and the Parties shall be bound by all terms and conditions therein.
IN WITNESS WHEREOF, the parties hereto do make and execute this Agreement on the day
and year first above written.
CITY O ZEMN
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APPRO ED S T FUCO", ;NO,,
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Baxter Davis Intersection Improvements Scope of Services 5/29/2015
EXHIBIT A
BAXTER DAVIS INTERSECTION IMPROVEMENTS
Scope of Services (Design Phase - Signal)
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. The City Commission approved the traffic signal alternative at the April 13`h, 2015 meeting. The
project includes the widening of Baxter and Davis Lanes, intersection radii revisions for a WB -50 design
vehicle, installation of a traffic signal with radar detection and luminaires with LEDs, new detention basins,
extension of the Section Line Ditch culvert, utility relocations, and storm drain modifications. This scope of
services is for the design phase only consisting of environmental permitting and mitigation, geotechnical
services for the signal foundations, subsurface utility investigations, coordination with the Farmer's Canal
representatives, and final design services for production of the Plans, Specifications and Estimate (PS&E)
package.
The bid and construction phases will be added by amendment once the right-of-way and construction
schedule are determined.
ACTIVITY LIST AND DESCRIPTION
The activities anticipated to complete the design phase are discussed below. This scope of services was
developed based on information provided by the City of Bozeman.
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 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 design phase including invoicing and coordination with the City and sub -
consultants.
Task 1.2: Private Utility Coordination
RPA will prepare colored exhibits detailing private utility impacts and the relocations required as part of
the signal installation. Anticipated impacted utilities include, electric, gas, fiber optic, and telephone. RPA
will attend the utility coordination meeting with the City and utility companies. The City will coordinate the
utility relocation work.
Task 1.3: Roadway Design
This task is the work necessary to finalize the geometric layout and determine the construction limits. The
WB -50 design vehicle will be used to size intersection radii. Other work under this task includes
developing alignments and grades, and layout of curb ramps and driveways to meet ADA standards and
draft PROWAG guidelines. This task also includes the design and layout of any waterline and sanitary
sewer impacts or relocations.
Robert Peccia and Associates Pagel of 3 Exhibit A
Baxter Davis Intersection Improvements Scope of Services 5/21/2015
Task 1.4: Electrical and Traffic Design
Work under this task includes the design and layout of the signing, pavement markings, traffic signal, and
luminaire system. All electrical and traffic items will be designed to meet MUTCD, ADA and PROWAG
standards. The signal and luminaire system will be designed to minimize impacts to existing utilities. RPA
will perform a signing inventory in the project area. Signing design will include sign calculation sheets.
This task also includes the design and layout of pavement markings.
Signal design will include a Wavetronix radar detection system. The system will include Accessible
Pedestrian Signals (APS) with custom voice messages that provide location information on a button push
and street crossing messages during the appropriate walk phase. The luminaire system layout will include
the use of LED luminaire assemblies with 4000k color temperature. All electrical features will include
powder coating to the color specified by the City. RPA will also coordinate with Northwestern Energy for
the electrical service for the system. This work also includes calculations for luminaire spacing/voltage
drop and conduit sizing/fill.
Task 1.5: Hydraulics
Work under this task includes hydrologic and hydraulic design and preparation of the Hydraulics Memo.
Analyses include spread width calculations and sizing of the storm drain, ponds, and culverts. Two new
ponds are expected as part of this project.
Task 1.6: Develop PS&E Package
The PS&E package will be prepared after the site layout is complete. The PS&E set will include items for
roadway, signing, pavement marking, electrical, storm drainage, ponds, private utility relocation or
adjustments, traffic control phasing, curb ramp and driveway ADA details, project specific special
provisions, supplemental specifications, and the project cost estimate. Erosion control plans are not
included in this scope of work.
Task 1.7: Environmental & Mitigation
Based on information obtained during the preliminary permitting in the pre -design phase, the 404 and 310
permits are necessary for this project. A 124 permit and Fish, Wildlife and Parks coordination is not
applicable since the Stream Protection Act does not apply to irrigation ditches.
For this task RPA will coordinate with the Corps of Engineers (COE), prepare the 404 & 310 Permit
Application and exhibits, and coordinate the mitigation for the Section Line Ditch. The 48" arch culvert for
the Section Line Ditch will be extended approximately 460'. This length exceeds the allowable 300' of
ditch impacts per the COE. RPA will coordinate with RESPC on the mitigation calculations through the
wetland banking option. See RESPEC's scope and fee for the mitigation work. This scope of service does
not include the MDEQ Stormwater Permit, which will be completed by the contractor.
Task 1.8: Irrigation Coordination
The Section Line Ditch is a lateral ditch from the Farmer's Canal that's used as a blow -off for the canal
and for spring flood events. The Farmer's Canal has jurisdiction over the lateral when downstream users
may be impacted. The Section Line Ditch has two existing downstream users.
The work under this task includes coordination with the Farmer's Canal. Farmer's Canal requires that
construction in the Section Line Ditch occurs during the non -irrigated season, typically from May 1s` to
October 1st. Otherwise, Farmer's requires a temporary irrigation facility be provided by the contractor, with
water available at all times, and designed to match the existing ditch capacity. Farmer's also requested
the City continued to provide culvert maintenance and supply a trash guard at the culvert end.
Robert Peccia and Associates Page 2 of 3 Exhibit A
Baxter Davis Intersection Improvements Scope of Services 5/21/2015
Task 1.9: Right of Way Coordination
Right -of -Way services for the project are provided by Dowl HKM. Under this task RPA will coordinate
files, exhibits, and right-of-way takes with Dowl HKM. Dowl HKM will provide the Certificates of Survey,
Right -of -Way exhibits, appraisal, acquisition, and negotiation services.
Task 1.10: Subsurface Utility Exploration Phase 2
Once underground utility conflicts are identified during design, RPA will perform subsurface utility
exploration (SUE2) to determine existing utility depths for design avoidance or adjustments. This scope of
work estimates five test holes. Traffic Control for this work is typically required. An estimate of the traffic
control services is included in this scope of work. The bore holes and depths will be added to the plan set
for use during construction.
Task 1.11: Geotechnical
SK Geotechnical will perform two soil borings for the signal foundations in northwest and southeast
quadrants of the intersection. The northeast quadrant foundation cannot be drilled due to right-of-way
constraints. The southwest quadrant foundation cannot be drilled due to close proximity with two
overhead power lines and two guy wires. The borings will be used to verify signal foundation designs
shown in MDT Detailed Drawings. If borings indicate poor quality soils such that MDT standard
foundations are not adequate, then a specialized structural design would be required. Any structural
designs for the foundations are outside of this scope and would be added to the contract by an
amendment.
RPA surveyors will stake the location of the signal poles prior to SK Geotechnical's drilling operations.
RPA will also coordinate this work with SK Geotechnical, provide exhibits, and add the boring information
to the plan set. See the SK Geotechnical scope and fee for additional information.
Previously in the pre -design phase, SK Geotechnical provided the pavement design and
recommendations for geotextile and subexcavation. No additional geotechnical work for these items is
included in this scope. Per the City, geotechnical investigations for the ponds and the culvert extension
will not be necessary, and are not included in this scope.
Task 1.12: 90% Review Submittal
This task includes RPA's internal 90% QA/QC review and revisions, submittal of electronic and hard
copies of the 90% PS&E package to the City. In lieu of a review meeting, RPA will receive written
comments from the City.
Task 1.13: Final Plan Revisions After 90% Review
RPA will revise the PS&E set after comments are generated at the 90% review meeting.
Task 1.14: 100% Submittal
This task includes RPA's internal 100% QA/QC review and revisions, submittal of electronic and hard
copies of the 100% PS&E package to the City, and an electronic submittal of the files in AutoCAD format.
SCHEDULE
The design phase is estimated to begin in mid-June, 2015 after approval of RPA's scope of services and
fee proposal. RPA will complete the design phase in three months after contract approval.
Robert Peccia and Associates Page 3 of 3 Exhibit A
BAXTER /DAVIS INTERSECTION IMPROVEMENTS - DESIGN PHASE - SIGNAL
FEE ESTIMATE EXHIBIT B
DATE: 5/21/2015 FEE ESTIMATE
Page 1 of 2 EXHIBIT B
PERSON HOURS
OA/QC
PROJECT
DESIGN
:.STAFF
ENVIRON. SURVEYOR
SURVEYOR ACCOUNTING CLERICAL
TOTAL
WORK ITEM I SUBTASK
PRINCIPAL': REVIEWER
MANAGER
ENGINEER
ENGINEER
PLANNER
ASSIST.
PERSON
Billing Rate:
$61.05 $46.62
$46A3
$41.33
$34.12
$43.25 $40,37
$33.23.: $33.39 $25.22
HOURS"-
TASK1DESIGN
1.1 Project Evaluation and Management
Develop scope of services and schedule
1
8
1
10
Develop cost proposal
1
8
1
10
Revise CiVs standard consultant contract
2
2
Prime & subconsultant services agreement
4
4
Invoicing
2
4
6
1.2 Private Utility Coordination
Prepare private utility conflict plan sheet
4
4
Utility coordination meeting
2
2
(Private utility coordination by City for gas, fiber,
phone, power)
1.3 Roadway Design
Develop Alignments & Profiles forcentedines and
curbs
1
16
W
Finalize ADA and curb ramp layout
8
8
Develop 3D layout & model for construction limits
1
12
13
Water and setverrelocation layout & design
1
4
5
1.4 Electrical & Traffic Design
-
Sign Inventory & spreadsheet
2
2
Finalize pavement markings
4
4
Signal layout & design (radar detection)
4
40
44
Luminaire layout & design (LED's)
2
40
42
Coordinate service with Northwestem Energy
2
2
1.5 Hydraulics
Hydrology calculations
6
6
Storm dmin design & sizing
12
12
Spread width analysis
2
2
Culvert sizing (1 cross drain & 3 approach pipes)
5
5
Pond sizing & design (2 new ponds and I anjusQ
4
4
Hydraulics report memo
2
8
10
1.6 Develop PS&E Package
Road plans - title, notes, table of contents
8
8
Road plans - typical sections
8
8
Road plans - control diagram
4
4
Road plans - subexcavation & geotextile details
4
4
Road plans - storm drain details
4
24
28
Road plans - driveway & curb ramp details
2
2
Road plans - Section Line Ditch irrigation details
2
2
Road plans - pond details & gracing
4
4
Road plans - plan & profile sheets (forcentedines
& curbs)
16
16
Road plans - cross sections
16
16
Road plans -quantities
4
16
20
Electrical quantities, details, plans
40
8
48
Signing quantifies, details, plans
4
16
20
Pavement marking quantities, details, plans
8
8
16
Traffic Control details & plans
1
8
9
Public Utility plans - quantities, plans & details
1
8
9
Prepare cost estimate
1
16
17
Develop special provisions
8
8
16
Prepare Specification book
8
6
16
32
1.7 Environmental & Mitigation
Prepare wetland impact exhibits
4
4
Corps of Engineers Coordination
2
2
Prepare 404 Permit Application & Review
4
12
16
Prepare 310 Permit Application & Review
8
8
Mitigation coordination
4
4
8
See RESPEC scope & fee
1.8 Irrigation Coordination
Farmer's Canal coordination
4
4
1.9 Right of Way Coordination
Right of way coordination
8
8
(Certificates of Survey, acquisition & negotiations
by bowl HKM)
1.10 Subsurface Utility Exploration Phase 2
Assume 5 holes for utility depths at conflict points
13
13
26
Add bore holes and data to plans
2
2
1.11 Geotechnical
Geotechnical coordination
2
2
Stake hvo pole foundations
2
2
Incorporate Geotechnical information
4
4
See SK Geotechnical scope & fee
1.12 90% Review Submittal
Internal QA/QC Review & Revisions
8
8
16
Submittal of 9096 PS&E package
2
2
4
Page 1 of 2 EXHIBIT B
BAXTER /DAVIS INTERSECTION IMPROVEMENTS -DESIGN PHASE -SIGNAL
FEE ESTIMATE
DATE: 5/21/2015 FEE ESTIMATE
$500.00
Subcontracted Services - SK Geotechnical
$4,700.00
SUE Truck Mileage ($1.00/mile)
EXHIBIT B
SUE Vacuum Truck ($150 per hour x 2 hours per It
$1,500.00
Traffic Control for SUE services (estimated)
$1,500.00
PERSONHOURS
$100.00
Color copies ($1/page)
$40.00 (Utility exhibits)
_.
QAIQC PROJECT
DESIGN
STAFF
.:ENVIRON. :SURVEYOR '
SURVEYOR ACCOUNTING
CLERICAL - TOTAL
WORK ITEM I SUBTASK
PRINCIPAL: REVIEWER MANAGER
ENGINEER
ENGINEER
PLANNER
ASSIST.
PERSON,
Billing Rate:
_.
...1.13
$61,05 $46.62 $46.13
$41.33
;$34.12
$43.25 $40.37 ':.
$33.25: $33.39
$25.22 HOURS'i",
Final Plan Revisions after 90% Review
Revise & finalize road plans
2
8
10
Revise & finalize signing plans
4
4
Revise & finalize pavement marking plans
4
4
Revise & finalize traffic Control plan
2
2
4
Revise & finalize electrical plans
2
12
14
Revise & finalize estimate, provisions &
specification book
2
8
4 14
1.14 1000% Subndgal
Internal QA/QC Review & Revisions
8
8
16
Compile & Submit 100% PS&E package (4
coptes)
4
4 8
DIRECT EXPENSES Total
Subcontracted Services - Respec
$500.00
Subcontracted Services - SK Geotechnical
$4,700.00
SUE Truck Mileage ($1.00/mile)
$180.00 (Hdrna to Eozemam 1 trip for SUE vacuum track)
SUE Vacuum Truck ($150 per hour x 2 hours per It
$1,500.00
Traffic Control for SUE services (estimated)
$1,500.00
Misc. (phone, postage, survey materials, quads)
$100.00
Color copies ($1/page)
$40.00 (Utility exhibits)
Computer ($2.25/hour)
$220.50
CADD ($6.50/hour)
$3,412.50
Total Direct Expenses:
$12,153.00
SUMMARY OF ENGINEERING SERVICES
Total
Loaded Labor Cost $80,428.79
Direct Expenses $12,153.00
Total Project Cost (Rounded): $92,582
Page 2 of 2 EXHIBITS
ZAp
S GE
April 20, 2015
Ms. Staci Venner, PE
Robert Peccia & Associates, Inc.
Via Email: staci@rpa-hln.com
Dear Ms. Venner:
2511 Holman Avenue
P. O. Box 80190
Billings, Montana 59108-0190
p: 406.652.3930; f: 406.652.3944
www.skgeotechnical.com
ProposalP-2160SP
Re: Proposal for a Geotechnical Evaluation, Proposed Signal Pole Foundations, Baxter and Davis
Lane Intersection Improvements, Bozeman, Montana
As you requested on April 17, 2015, we are pleased to furnish this proposal for a geotechnical evaluation
for the above -referenced site.
We will furnish the services described for a lump sum of $4,700 in accordance with the attached scope of
services and General Conditions. If the soil borings encounter unusually soft soils not suitable to support
the signal poles on MDT standard foundations, then additional analysis and recommendations will be
necessary, which we estimate the lump sum cost to be $2,000. We agree not to exceed these costs
without additional authorization from you
Current scheduling would permit us to begin the fieldwork within one to two weeks after authorization to
proceed. We anticipate the fieldwork will take about two days. Approximately two to three weeks will
then be required for laboratory testing and preparation of the engineering report, unless there are delays
due to circumstances beyond our control. If additional analysis for unusually soft soils is necessary, an
additional one to two weeks will be necessary.
We appreciate the opportunity to present this proposal. If you have any questions, please contact me at
your convenience.
Sincerely,
_f
Gregory T. S affileno, PE
Principal, Geotechnical Engineer
Attachments:
Proposed Scope of Services
Signature Page
General Conditions
Intersection Sketch
Robert Peccia & Associates, Inc. April 20, 2015
Proposal P-2160SP Page 2
Proposed Scope of Services
Description of Project
The purpose of the geotechnical evaluation will be to characterize and evaluate subsurface soil and
groundwater conditions at the selected boring locations for the project.
The proposed project will consist of constructing signal poles at the existing Baxter and Davis Lane
intersection. A new signal pole will be installed at each quadrant of the intersection. As can be seen on
the attached sketch, mast arm lengths for the four signal poles are 40 feet, 50 feet, and two at 60 feet. As
the notes on the sketch indicate, we are generally not able to drill borings at the northeast and southwest
quadrants due to overhead power lines and private property limitations. Therefore, we propose to
perform borings only at the northwest and southeast quadrants as indicated. As the notes on the bottom of
the sketch indicate, MDT standard details use the mast arm lengths to determine the shaft foundation
supporting each signal pole. For these mast arm lengths, shaft diameters ranging from 2 1/2 to 3 feet and
the depths will range from 8 to 13 feet.
We have been provided with to -scale site plans showing the intersection and proposed signal pole
locations. We have assumed the boring locations will be accessible to our truck -mounted drill rig, and no
towing, snow removal, or special site -preparation services will be required. The borings will be
performed, weather permitting, and generally require 20 degrees and rising for auger drilling and 32
degrees and rising for core drilling. Access delays due to circumstances beyond our control could result
in additional charges. We have also assumed our current insurance amounts are acceptable, and we can
provide you with a certificate of insurance.
Scope of Services
Borehole Staking. As we discussed, we request you stake the locations of Borings ST -1 and ST -2 as
indicated on the attached sketch at least three days prior to our drill crew's arrival on the site. Lathe
should be set at each boring location and have pink and blue ribbon tied near the top. The boring number
should be marked on the stake. While staking, record the GPS latitude -longitude coordinates and provide
this information to us for our utility locates. It would be beneficial to survey the staked locations as well,
and provide us with ground surface elevations for our report.
Soil Borings. We propose to provide two test borings to a depth of 20 feet at the locations indicated on
the sketch for the signal poles. We propose to conduct penetration tests in the borings to assist in
evaluating bearing capacities of the subsoils and to obtain representative samples for classification. The
penetration tests will be conducted at 2 1/2 -foot intervals to a depth of 15 feet and at 5 -foot intervals
below a depth of 15 feet. Some tube samples may be taken for laboratory strength and
Robert Peccia & Associates, Inc. April 20, 2015
Proposal P-2160SP Page 3
consolidation/swell testing. If groundwater is encountered, its depth will be recorded. Upon completion,
we will backfill the boreholes with auger cuttings to the ground surface.
Laboratory Testing. The samples will be returned to our laboratory and visually classified and logged
by a geotechnical engineer. Some routine laboratory tests may be conducted to assist us in evaluating the
strength and compressibility of the soils. Depending on the subsurface conditions, typical tests are
penetrometer, moisture content, Atterberg limits, unconfined compression, corrosion, and
consolidation/swell.
Geotechnical Report. After the field and laboratory tests have been completed, the results will be
analyzed and discussed with you. The geotechnical report will address whether or not the standard MDT
foundation details for the signal poles are suitable. These standard details are based on average soil
strength properties such as medium to rather stiff clays or medium dense gravels. If these average soil
strength conditions are encountered by the borings, then the standard details can likely be used. On the
other hand, if unusually soft soils and high groundwater are encountered by the borings, then the standard
details may not be suitable. Under these conditions, additional geotechnical analysis and
recommendations will be necessary to evaluate either using a larger diameter shaft, installing a deeper
shaft, or both. To perform this analysis, it will be necessary for you to provide the anticipated torque and
lateral loads for each mast arm length. Our geotechnical report will also address general construction
requirements, such as high groundwater and earthwork.
Utility Clearance. SK Geotechnical will contact the local utilities one -call number to notify the local
telephone, electric, gas, sewer, water, and cable TV companies to determine the location of underground
utilities. We request that you or your authorized representative notify the SK Geotechnical project
manager immediately of the presence and location of any underground objects on private property which
are not the responsibility of public utilities. Our services do not include subcontracting a private utility
locator or conducting additional research to identify other utilities. SK Geotechnical will take reasonable
precautions to avoid underground objects. In authorizing this contract, you agree to waive any claim
against SK Geotechnical and will indemnify and hold SK Geotechnical harmless from any claim of
liability, injury, or loss allegedly arising from our damaging of underground objects that were not called
to our attention prior to beginning the work.
Robert Peccia & Associates, Inc. April 20, 2015
Proposal P-2160SP Page 4
Signature Page
Re: Proposal for a Geotechnical Evaluation, Proposed Signal Pole Foundations, Baxter and Davis
Lane Intersection Improvements, Bozeman, Montana
We appreciate the opportunity to present this proposed contract to you. If it is acceptable to you, a copy
should be signed and returned to us as written authorization to proceed. We will begin the project, in
accordance with our schedule, upon receipt of your written authorization.
Costs presented in this proposal are based on the assumption that the proposal will be authorized within
30 days and that the project will be completed within the proposed schedule. If the project is not
authorized within 30 days, we may need to modify the cost estimate. If the project cannot be completed
within the proposed schedule due to circumstances beyond our control, revising the cost estimate may be
required for completion of the remaining tasks.
Terms on payment for services are net within 30 days after invoicing with interest added to unpaid
balances in accordance with the attached General Conditions that are a part of this proposed contract.
Authorization to Proceed:
Please proceed according to the described scope of services and attached General Conditions. By
authorizing this proposal, you are accepting responsibility for payment of SK Geotechnical's services.
Authorizer's Name (PLEASE PRINT) Authorizer's Signature
Title (PLEASE PRINT) Date
Email Address
If this proposal is signed by anyone other than who it is addressed to, please complete the following:
Company Name (PLEASE PRINT) Telephone Number
Fax Number
Billing Address (PLEASE PRINT)
Email Address
SKEV
Our agreement with you consists of these
General Conditions and the accompanying
written proposal or authorization.
Section 1. Our Responsibilities
1.1. We will provide the services specifically
described in our agreement with you. You agree
that we are not responsible for services that were
not included in our proposed scope of services,
or brought to our attention prior to preparing our
proposal. Unless otherwise agreed in writing,
our findings, opinions, and recommendations
will be provided to you in writing and in detail
drawings. You agree not to rely on oral findings,
opinions, or recommendations without our
written approval.
1.2. In performing our professional services, we
will use that degree of care and skill ordinarily
exercised under similar circumstances by
reputable members of our profession practicing
in the same locality. If you direct us to deviate
from our recommended procedures, you agree to
hold us harmless from all claims, damages, and
expenses arising out of your direction.
1.3. We will reference our field observations
and sampling to available reference points, but
we will not survey, set, or check the accuracy of
those points unless we accept that duty in
writing. Locations of field observations or
sampling described in our report or shown on
our sketches are based on information provided
by others or estimates made by our personnel.
You agree that such dimensions, depths, or
elevations are approximations unless specifically
stated otherwise in the report. You accept the
inherent risk that samples or observations may
not be representative of things not sampled or
seen and, further, that site conditions may
change over time and can vary across the site.
1.4. Our duties do not include supervising your
contractors or commenting on, overseeing, or
providing the means and methods of your
contractors' work. We will not be responsible
for the failure of your contractors to perform in
accordance with their undertakings, and the
providing of our services will not relieve others
of their responsibilities to you or to others.
I.S. We will provide a health and safety program
for our employees, but we will not be
responsible for contractor, job, or site health or
safety.
1.6. We agree to retain split -spoon samples
collected from borings performed by our
personnel for no longer than 60 days after the
report has been submitted. We do not retain
samples that are tested unless otherwise directed.
Section 2. Your Responsibilities
2.1. You will provide access to the site. In the
course of our work, some site damage is normal
even when due care is exercised. We will use
reasonable care to reduce damage to the site.
We have not included the cost of restoration of
normal damage in the estimated charges.
2.2. You agree to provide us any site safety
measures necessary for us to perform our work.
Our employees can refuse to work under
conditions that may be unsafe.
2.3. You agree to provide us, in a timely
manner, with information that you have
regarding buried objects located at the site, and
we have the right to rely on such information.
Until we have completed our fieldwork, you
agree to provide us with all your plans, changes
in plans, and new information that refer to site
conditions. You agree to hold us harmless from
all claims, damages, losses, and related expenses
involving buried objects of which you had
knowledge, but did not timely call to our
attention or correctly show on the plans
furnished to us.
2.4. You agree to notify us of any permits
necessary for us to access the boring locations.
All costs associated with completing and
submitting the permits will be paid by you. We
agree to include these costs in our proposal
provided we have been notified. Not having the
necessary permits in place can cause delays and
additional costs.
2.5. You will notify us of any knowledge or
suspicion of the presence of hazardous or
dangerous materials in a sample provided to us.
If we observe or suspect the presence of
contaminants not anticipated in our agreement,
we may terminate our work without liability to
you or to others, and we will be paid for the
services we have provided.
2.6. Neither this agreement nor the providing of
services will make us an owner, operator,
generator, transporter, treater, storer, or a
disposal facility within the meaning of the
General Conditions
Resource Conservation Recovery Act, as
amended, or within the meaning of any other law
governing the handling, treatment, storage, or
disposal of hazardous materials. You agree to
hold us harmless and indemnify us from any
such claim or loss.
2.7. Soil borings and monitoring well
installation may involve risk of cross -
contamination of previously uncontaminated air,
soil, and water. If you are requesting that we
provide services that include this risk, you agree
to hold us harmless and indemnify us from
cross -contamination claims and damages, unless
the loss is caused by our negligence. Monitoring
wells are your property and you are responsible
for their permitting, maintenance, and
abandonment unless we accept that duty in
writing.
2.8. You agree to make disclosures required by
law. In the event you do not own the site, you
acknowledge that it is your duty to inform the
owner of the discovery or release of
contaminants at the site. You agree to hold us
harmless and indemnify us from claims related
to disclosures made by us that are required by
law and from claims related to the informing or
failure to inform the site owner of the discovery
of contaminants.
Section 3. Reports and Records
3.1. We will furnish reports and drawings to you
as described in our scope of work or proposal.
We will retain paper records for seven years and
financial data for three years.
3.2. Our reports, notes, calculations, and other
documents and our computer software and data
are instruments of our service to you, and they
remain our property, but are subject to a license
to you for your use in the related project for the
purposes disclosed to us. You may not transfer
our reports to others or use them for a purpose
for which they were not prepared without our
written approval. You agree to indemnify and
hold us harmless from claims, damages, losses,
and expenses, including attorney fees, arising out
of such a transfer or use.
3.3. Because electronic documents may be
modified intentionally or inadvertently, you
agree that we will not be liable for damages
resulting from change in an electronic document
Revised November 28, 2012
occurring after we transmit it to you. In case of
any difference or ambiguity between an
electronic and a paper document, the paper
document shall govern.
3.4. If you do not pay for our services in full as
agreed, we may retain work not yet delivered to
you and you agree to return to us all of our work
that is in your possession or under your control.
You agree not to use or rely upon our work for
any purpose whatsoever until it is paid for in
full.
3.5. Samples remaining after tests are conducted
and field and laboratory equipment that cannot
be adequately cleansed of contaminants are to be
your property. They will be returned to you,
unless within 15 days of the report date you give
written direction to transfer the materials to a
licensed facility, at your expense.
Section 4. Compensation
4.1. You will pay for services as agreed upon or
according to our then current Schedule of
Charges if there is no other written agreement as
to price.
4.2. You will notify us of billing disputes within
15 days. You will pay all undisputed portions of
invoices on receipt. You agree to pay interest on
unpaid balances beginning 30 days after invoice
dates at the rate of 1 1/2% per month, or at the
maximum rate allowed by law.
4.3. If you direct us to invoice another, we will
do so, but you agree to be responsible for our
compensation unless you provide us with that
person's written acceptance of all terms of our
agreement and we extend credit to that person
and to release you.
4.4. You agree to compensate us in accordance
with our fee schedule if we are asked or required
to respond to legal process arising out of a
proceeding related to the project and as to which
we are not a party.
4.5. If we are delayed by factors beyond our
control, or if project conditions or the scope or
amount of work change and result in increased
costs, decreased efficiency, or delays, or if the
standards or methods change, we will give you
timely notice and we will receive an equitable
adjustment of our compensation. If you and we
do not reach agreement on such compensation
within 30 days of our written application, we
may terminate without liability to you or others.
4.6. If you fail to pay us within 60 days
following invoice date, we may consider the
default a total breach of our agreement and, at
our option, terminate all of our duties without
liability to you or to others.
4.7. In consideration of our providing insurance
to cover claims made by you, you hereby waive
any right of offset as to fees otherwise due us.
Section 5. Disputes, Damage and Risk
Allocation
5.1. Each of us will exercise good faith efforts
to resolve disputes without litigation. Such
efforts will include, but not be limited to, a
meeting(s) attended by each party's
representative(s) empowered to resolve the
dispute. Before either of us commences an
action against the other, disputes (except
collections) will be submitted to mediation.
5.2. Neither of us will be liable for special,
incidental, consequential, or punitive damages,
including, but not limited to, those arising from
delay, loss of use, loss of profits or revenue, loss
of financing commitments or fees, or the cost of
capital.
5.3. We will not be liable for damages unless
suit is commenced within two years of the date
of injury or loss or within two years of the date
of the completion of our services, whichever is
earlier. We will not be liable unless you have
notified us of the discovery of the claimed
breach of contract, negligent act, or omission
within 30 days of the date of discovery and
unless you have given us an opportunity to
investigate and to recommend ways of
mitigating damages.
5.4. For you to obtain the benefit of a fee which
includes reasonable allowance for risks, you
agree that our aggregate liability will not exceed
the fee paid for our services or $50,000,
whichever is greater, and you agree to indemnify
us from all liability to others in excess of that
amount. If you are unwilling to accept this
allocation of risk, we will increase our aggregate
liability to $100,000 provided that, within 10
days of the date of this agreement, you provide
payment in an amount that will increase our fees
by 10%, but not less than $500, to compensate us
for the greater risk undertaken. This increased
fee is not the purchase of insurance.
5.5. If you do not pay us within 60 days of
invoice date, or if you make a claim against us
that is resolved in our favor, you agree to
reimburse our expenses, including, but not
limited to, attorney fees, staff time, expert
witness fees, and other costs of collection or
litigation.
5.6. The State of Montana will govern all
disputes. No employee acting within the scope
of employment shall have individual liability for
his or her acts or opinions, and you agree not to
make a claim against individual employees.
Section 6. General Indemnification
6.1. We will indemnify and hold you harmless
from and against demands, damages, and
expenses to the comparative extent they are
caused by our negligent acts or omissions or
those negligent acts or omissions of persons for
whom we are legally responsible. You will
indemnify and hold us harmless from and against
demands, damages, and expenses to the
comparative extent they are caused by your
negligent acts or omissions or those negligent
acts or omissions of persons for whom you are
legally responsible.
6.2. To the extent it may be necessary to
indemnify either of us under section 6. 1, you and
we expressly waive, in favor of the other only,
any immunity or exemption from liability that
exists under any worker compensation law.
Section 7. Miscellaneous Provisions
7.1. We will provide a certificate of insurance to
you upon request. Any claim as an Additional
Insured shall be limited to losses caused by our
sole negligence.
7.2. This agreement is our entire agreement. It
supersedes prior agreements. It may be modified
only in a writing, making specific reference to
the provision modified.
7.3. Neither of us will assign or transfer any
interest, any claim, any cause of action, or any
right against the other. Neither of us will assign
or otherwise transfer or encumber any proceeds
or expected proceeds or compensation from the
project or project claims to any third person,
whether directly or as collateral or otherwise.
7.4. Our agreement may be terminated by either
party for any reason, but must be done so in
writing. We will receive an equitable adjustment
of our compensation in the event of early
termination by you.
Revised November 28, 2012
46 ;� 09 s
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Staci Venner
Subject: FW: Baxter permitting/mitigation?
From: Mark A. Traxler[maiIto: Mark.TraxlerCa)respec.coml
Sent: Tuesday, April 21, 2015 9:55 AM
To: Staci Venner
Subject: RE: Baxter permitting/mitigation?
Hi Staci — it was nice visiting with you yesterday.
I gave this some thought and talked to Dan N. about it briefly when I had him on the phone this morning. It looks like
RESPEC's primary role would be to work through the Corps of Engineers Montana Stream Mitigation Procedure and
calculate stream impact debits from the proposed pipe extension. We would provide the appropriate debit tables and
calculations for inclusion in the 404 Permit application. As we are not proposing onsite mitigation at this time, we will
not need to work through the various stream crediting tables and calculations. RESPEC would also be available to assist
RPA, if necessary, in securing stream mitigation credits through a regional mitigation bank or in -lieu fee program.
I would anticipate RESPEC needing 2 hours of time for the debit calculations and 2 additional hours to assist with the
mitigation part for a total of 4 hours of time. At an hourly rate of $125/hour, our total amendment would be 4hrs x
$125 = $500.
I am hopeful for this very small amendment that this email will suffice as our scope and cost. If you require a more
formal scope and cost, just let me know and I will put something together.
Let me know if you have any questions or thoughts. Thanks Stacil
Mark
Mark Traxler
Senior Wildlife Biologist / Wetland Scientist
RESPEC Consulting & Services