HomeMy WebLinkAbout1988-02-17-Water System Improvements il Sanderson/Stewart/Gaston
A Engineering, Inc.
�s
February 17, 1988
W.O. #86-511
Mr. Phill Forbes
City Engineer.
P. 0. Box 640
Bozeman, MT 59715
RE : Water System Improvements
Lyman Creek
Bozeman, Montana
Dear Phill:
In light of the fact that the new federal drinking water require-
ments are almost ready to be imposed on all public water systems,
it will be necessary to develop historical bacterial quality of
the Lyman Creel: supply.
In visiting with the DHSS they state that it will be necessary to
have total coliform and turbidity samples over a sufficient time
to encompass any period of heavy storm or snow melt runoff.
Therefore, if the water department is not now sampling at Lyman
Creek I would request that the following sampling procedures be
initiated :
Sampling/Test Frequency
Total Coliform Weekly
Turbidity Daily
(if over 1 NTU - take a coliform sample)
pH and Temperature Daily
I 'm sure the State Lab can run total coliform. Turbidity, pH and
temperature could be handled locally by water department personnel.
The only real logistic problem I see is turbidity. If the city
has a small Hach unit it could be utilized at the control house at
Lyman Creek.
Would appreciate you looking into this item for me. If you have
any questions give me a call.
,--6ince5ely, I
raid M. Gaston,
GMG/jac E.
Consulting Engineers and Land Surveyors
Billings office: Sheridan office: Bozeman office:
Suite 200 Creekside 45 East Loucks - Suite 301 2010 North 71h - Suite B
1001 South 24th Street West Sheridan, Wyoming 82801 f.0. Box 861
Billings, Montana 59102.-3091 307-674-4224 Bozeman, Montana 59715.0861
406-656-5255 406-586-0588
ENGINEERING, INC.
w Sanderson/Stewart/Gaston
�S
November 22 , 1988
W.O. #86-511
Mr . Phill Forbes
City Engineer
P . O. Box 640
Bozeman , MT 59715
RE : Lyman Creek Testing
Dear Phill :
I checked with DiILLs regarding the required testing needed on
Lyman Creek water . Mr . Jim Melstad stated that the new regulations
would be out in a month or two and that we should wait .
He did, however , mention that once the new safe drinking water
regulations are out in final form any community having a surface
water source such as Lyman Creek will be given 18 months ( est ) to
prove to the DHES why filtration is not needed . It this is the
case, I think that a testing program such as outlined in my letter
of February 17 , 1988 would be a good idea to initiate now. jw;Aja-1zc/
Once the new improvements arc installed, we will be monitoring Lur. -
bidity continually; pH and temperature are no big thing and can be
obtained during the daily visit. The only real cost would be coli- P/i�g
form which is a good idea anyway. �Y°
Jim Melstad said he would keep me posted as to the Final
requirements and let me know of any change in sampling .
�Since`r�ly,
J� _
Ge ald M. Gaston P . E.
GG/lg
Consulting Engineers and Land Surveyors
Billings, Montana Sheridan, Wyoming Bozeman, Montana
Suite 200 Creekside Suito 301 2010 North 7th Ave.
1001 South 24th Street West 45 East Loucks P.O. Box 861
59102-3091 82801 59715-0861
ENGINEE"ING, INC.
A Sanderson/Stewart/Gaston
�s
es DATE: October 12, 1988
TO: Phillip Forbes P.E . PROJECT NUMBER: 86-511
City Engineer
_ PROJECT: Lyman Creek
REFERENCE:
❑ BY MAIL kkDELIVERED BY HAND
THE FOLLOWING ITEMS:
LI S.I.D. PRE-CREATION EXHIBITS ❑ CONTRACT DOCUMENTS ❑ PRINTS
k�PLANS/SPECIFICATIONS IJ CHANGE ORDER ❑ PLAT SUBMITTAL
LI SHOP DRAWINGS IJ ESTIMATE IJ OTHER _
MESSAGES:
Two copies plans and specs for Lyman Creek
SIGNED:
REPLY:
Billings, Montana Bozeman, Montana
Suite 200 Creekside 2010 North 7th Ave.
1001 South 24th Street West P.O. Box 861
59102-3091 59715-0861
^ ENGINEERING, INC.
A Sanderson/Stewart/Gaston
September 1 , 1988
W.O. #86-511
Phill Forbes
Director of Public Works
P.O. Box 640
Bozeman, MT 59715
RE : Booster Station Improvement
Bozeman, MT
Dear Phill:
In accordance with our previous discussions regarding improvements
to the northeast booster station, I offer the following
information .
In order to reduce surges in the distribution system when the
booster pumps are operated, it will be necessary to install pump
control valves . I visited the project site and found insuf- Cicient
room to simply install a single valve. Therefore, it is my propo-
sal to install 10-inch valves on the two larger pumps and a 4-inch
valve on the small pump . The following .is my cost estimate for
the needed work.
2 ea - 10-inch pump control valve $8 , 600 . 00
1 ea - 4-inch pump control valve 1, 650 . 00
installation 5 , 000 . 00
A/E Design & Supervision 2 , 500 . 00
TOTAL PROJECT COST $17, 750 . 00
This work does not include previously designed work associated
with the booster station such as the new water valve on the main
Line located outside the building or the pressure reducing valving
needed to allow water from the south side to service the north
side distribution system.
If you have any questions regarding this cost estimate or need
more details , please advise .
ely,
rl
Gerald Gastop- E.
GG/ry
Consulting Enginoors and Land Surveyors
Billings, Montana Sheridan, Wyoming Bozeman, Montana
Suite 200 Creokside Suite 3D1 2010 North 71h Ave.
1001 South 24th Street West 45 East Loucks PO, Hox 861
59102-3091 82801 59715-0861
ENGINEERING, INC.
A Sanderson/Stewart/Gaston
�s
�s
DATE: �- S
TO: / PROJECT NUMBER:
PROJECT: Ltm-4&j C'k
REFERENCE:
❑ BY MAIL CXDELIVERED BY HAND
THE FOLLOWING ITEMS:
❑ S.I.D. PRE-CREATION EXHIBITS CI CONTRACT DOCUMENTS O PRINTS
LJ PLANS/SPECIFICATIONS ❑ CHANGE ORDER F1 PLAT SUBMITTAL
Ll SHOP DRAWINGS (_ESTIMATE F1 OTHER
MESSAGES:
SIGNED: -
REPLY:
Billings, Montana Bozeman, Montana
Suite 200 Creekside 2010 North 7th Ave.
1001 South 24th Street West P.O. Box 861
59102-3091 59715-0861
September 1 , 1988
Jim, Phill
I got a call from Kreg Jones of D.A. Davidson. He said that he
talked with Mae Nan and she said that, without a doubt, our
request to go from $726, 000 -to $1 . 1 million on the Lyman Creek
project must be approved by the Legislature.
she also said that DNR is planning a bond issue on Sept 19th of
this year which will include our $726 ,000 . If the Legislature
should approve our requested increase, the additional bonds would
be sold in Sept of 1989 .
Miral
ENGINEEI-.AG, INC.
A Sanderson/Stewart/Gaston
�s
q1qs
DATE: 16
TO. a��� PROJECT NUMBER:
PROJECT:1ia-1 rJ
REFERENCE:
I BY MAIL 1 DELIVERED BY HAND
THE FOLLOWING ITEMS: / 1
1 _1 S.I.D. PRE-CREATION EXHIBITS Cl CONTRACT DOCUMENTS Cl PRINTS
APLANS/SPECIFICATIONS Ll CHANGE ORDER ❑ PLAT SUBMITTAL
O SHOP DRAWINGS CI ESTIMATE ❑ OTHER
MESSAGES:
SIGNED:
REPLY:
Billings, Montana Bozeman, Montana
Suite 200 Creekside 2010 North 7th Ave.
1001 South 24th Street West P,O. Box 861
59102-3091 59715-0861
THE CITY OF BOZEMAN
411 E MAIN 5C, P-0 BOX 640 PHONE (4061 Se6.3321
a 802EMAN. MONTANA 5g771-WQ
4�r, o�• ' June 17, 1988
TO: Jim Wysocki, City Manager
FFr r ,pick Holmes, Director, Public Service
RE: Lyman Creek
Attached is information furnished by S .S. & G. indicating the
next steps to be taken in order to obtain the DNRC Loan.
You will note that the total, project cost is now estimated at
$1. 076 million. This reduction From $1. 6 million is primarily
due to the probability of obtaining very good bids if we go to
contract this year and fine tuning the original estimate_ n
Once the three items mentioned by Gerry are taken care of, we
should be able to obtain the loan and proceed with construction.
We should greet with Gerry to discuss this in detail and maybe
consider asking DNRC to raise the amount of our loan to cover
the cast of the total project.
RC H/mc l..,. ...,.....•,,,•,.,
c F'h11 "
c:
HOME OF MONTANA STATE UNIVERSITY
GATEWAY TO YEL.LOWSTONE PARK
Sanderson/Stewart/Gaston
Engineering, Inc,
11 C ply
June 16, 1988
W.Q. #86-511
Dick Holmes
Director of Public Works
P.O. Bozo 640
Bozeman, MT 59715
RE- Water System Improvements
Lyman Creek
Dear Dick :
Earlier you and Jim asked me to look into what needs to be
completed with DNRC in order that the City may obtain the low
interest loan . I have been in contact with Gregory Wermers of the
Water Development Bureau of the DNRC and he has sent samples of
information needed.
The first item needing attention is the "Resolution of Intent to
Y . Y
Improvements b Issuance and Sale
Finance L man Creek Water System Im �.,_�,-�„�_���,�_
P
of Bonds" . I have included a sample copy of a resolution along
with a copy of additional wording needed to be added in the reso-
lution . I have included this information as Exhibit A.
_....... _ ..
The second item needing attention is the "Certificate as .to�
Organization and Financial Condition of the City." I have
included a sample copy of this document for your use .
The third item needing your attention is the "Model Bond Purchase
Agreement . " This document needs to be reviewed and the blanks _..
filled in and signed in the appropriate spaces . Section 5 of this
attached document needs to have information included which relates
specifically to this project . I have included the project
description and bid items with representative costs as Exhibit B.
The plans and specifications , engineering agreement bid tabula-
tion, permits , and resolutions can be added at a later date .
Consulting Engineers and Land Surveyors
Billings office: Sheridert office: Bozeman office-
Suite 200 Creekside 45 East Loucks -Suite 301 2010 North 7th • Suite B
1001 South 24th Street West Sheridan, Wyoming 82001 RO. Box $61
Billings, Montana 59102.3091 307674-4224 Bozeman, Montana 59715-0861
406.658.5255 406-5e6-0588
Holmes
June 16, 1988
Page Two
You will, however, need to develop a project budget showing how
the DNRC loan is going to be used to finance a portion of the
project.
Please note that the total anticipated cost on the Lyman Creek
System improvements including the sprang box (Phase III ) is esti-
mated to be approximately $1, 076 , 000 and not the earlier figure
of $1, 559, 000 (without the spring development ) as originally
planned.
All other documentation such as "Certification by Consulting
Engineer " and "Construction Budget Form" can be completed at a
later date.
I think it would be an excellent idea to schedule a meeting with
you and Mr . Wysocki to review the benefits of this project after
completion .
Sirr rely,
(�;eXrald Gaston, E.
Enc .
GG/ry
EXHIBIT A
WHEREAS, the (name of entity) agrees that all three phases of the
Lyman Creek Water System Improvements including Phase I -
construction of a cover over the storage reservoir; Phase II -
extending the pipe conveyance system upstream to the springs; and
Phase III - construction of an enclosed spring box; must be
constructed to eliminate potential surface water contaminants,
including giardia and that the (name of entity) agrees to complete
all three phases of this project in a reasonable time frame; and
WHEREAS, the (name of entity) will use the DNRC loan to complete
all of Phase I and a. portion of Phase II of the Lyman Creek Water
System Improvements;
EXHIBIT B
Section 5. Scoff of Work
Project Description
Lyman Creek Water System Improvements will consists of a
floating reservoir cover associated yard piping, flow
metering and control valving, a new chlorination system, and
chlorine residual monitoring of both influent and effluent to
the reservoir and influent turbidity monitoring.
Pr�ct Bid Items
Phase I Reservoir cover, yard piping, valving,
chlorination facilities and enclosure, and
monitoring equipment
TOTAL PHASE 1 = $400 , 000 . 00
Phase II Raw water transmission line piping, pressure
reducing, control valving, and air relief
valving
TOTAL PHASE 11 mm $326 , 079 . 00
Phase III Spring box development , yard Taiping, control
valving, and transmission line piping
TOTAL PHASE 111 = $350 , 000 . 00
TOTAL PROJECT COSTS $ 1, 076 , 079 . 00
ProjectwBudq
TOTAL PROJECT COSTS $1, 076 , 079 . 00
AVAILABLE MONIES FROM DNRC ..mm726 , 079 . 00
Additional Monies Required $ 350 , 000 . 00
. NW _ r
To Be Used for Municipal
Sponsors
�1 introduced the following resolution and moved
Its adoption:
RESOL UT- OF INTENT TO FINANCE [DESCRIPTION OF PROJECT]
c:: ,
BY THE I SSUANCE AND SALE• OF BONDS
WHEREAS, the [name 'of entity] Intends to authorize the issuance of
bonds to finance the [description of project] (the Project); and
WHEREAS, the [name of entity] Intends to undertake with due
diligence, any required rate proceedings with the Public Service Commission;
and
WHEREAS, the 19W Montand Legislature in H.S. � authorized the
Montana Departmont of Natural Resources and Conservation (the DNRC) to make a
loan to the [name of entity] of up to S at an Interest rate of
points belay that received on the long 'term bonds Issued by the state fvr the
first five years and at the bond rate for the remaining f (fteen years to
finance the construction of the Project;
WHEREAS, the DNRC has Informed the [name of entity] that It will
make the loan authorized by the 1985 Montana Legislature by purchasing bonds
from the [name of entity] In the amount of the loan, and that It wi I I charge
the [name of entity] an origination fee of four (4) percent for making the
loan; and
WHEREAS, this -Council has reviewed the attached budget for the
Project and Is satisfied that the estimates contained therein are reasonable
and that all anticipated Project costs are Included; and
WHEREAS, the [name of entlty3 expects to begin construction of the
Project on or about and compute the Project on or
about and;
WHEREAS, the agrees to complete necessary steps to
acquire these funds as described In the Water Development Report, January,
1985 and in H.B. 947, both of which have been provided by the Department;
WHEREAS, the statutes authorizing the [name of entity] to Issue Its
bonds for the financing of the Project provide that such bonds be sol d at a
private sale to the state of Montana, notwithstanding the fact that the
legislature has authorized the DNRC to purchase the bonds,
NOW, THEREFORE; BE IT RESOLVED by the [name of counc1 i] of the [name
of entity], Montana, as follows:
11 This council hereby declares Its intention to
authorize the Issuance of [Revenue Bonds] in an amount
estimated not to exceed S bearing
interest at the rate described above and with a term of 20
years to finance the construction of the" Project and the
Sale of such bonds shall be conducted in accordance with
the applicable state statutes. _
The (name of entity) declares Its Intention to levy
rates necessary to repay the loan and provide the reserve
for repayment of the bonds and to seek the approval of the
Montane Public Service Commission for the rates If
required;
3. This council hereby authorizes and directs the
officers of the [name of entity] to prepare all documents
and to take all steps necessary to permit this council to
authorize, Issue, and sell such bonds and levy rates for
their repayment.
" 4. This resolution shall become effective immediately
upon Its passage and approval.
PASSED BY THE [name of board] AND APPROVED BY THE [principal officer
of the entity] on
APPROVED:
ATTEST:
The motion for adoption of the fore Ing resolution was duly
seconded by [title and name and upon vote being taken
thereon, the folIowIng voted In favor of the resolution:
and the following voted against the resolution:
Whereupon the resolution was declared passed and adopted.
MODEL BOND PURCHASt;. AGREEMENT
Municipalities
DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION
WATER RESOURCES DIVISION
BOND PURCHASE AGREEMENT
TABLE OF CONTENTS
SECTION NUMBER TITLE PAGE NO.
Section 1 Purchase of Bond 1
Section 2 Repayment, Interest Rate,
and Fees 1
Section 3 Term 2
Section 4 Source of Funds 2
Section 5 Scope of Work 2
Section 6 Responsibilities 2
Section 7 Construction Services and
Professional Services
Procurement 2
Section e Access for Inspection and
Monitoring 2
Section 9 Funds Disbursement 3
Section 10 Reporting, Record Keeping
and Audits 6
Section 11 Property Insurance $
Section 12 Liability Insurance and
Insured Bonds 9
Section 13 Worker's Compensation
insurance g
Section 14 Lecal Requirements 9
Section 15 Public Information and
Ownership of Products 10
Section 16 Tangible Property 10
Section 17 Liaison 10
Section 18 Discrimination 11
Section 19 Assignments 11
Section 20 Modifications 12
Section 21 Indemnity and Liability 12
Section 22 Severabllity 12
Section 23 Termination 12
Section 24 Montana Law and Venue 13
Section 25 Authorized Signatures 13
Section 26 Bond Resolution Prevails 13
Section 27 Authorization 13
..a
DEPARTMENT OF NATURAL, RESOURCES AND CONSERVATION
WATER RESOURCES DIVISION
BOND PURCHASE AGREEMENT
THIS AGREEMENT Is made and entered Into by and between the Montana
Department of Natural Resources and Conservation (the "Department") and the
(S onsor's Name) (the "Project Sponsor") on
(Date)
WHEREAS, the Department of Natural Resources and Conservation of the State
of Montana Is authorized by 1983 Montana Laws Chapter 705 and 1985 Montana
Laws Chapter 717 to make a loan in the amount of to the
Project Sponsor In order to construct the (Name of Protect) - -- -
WHEREAS, on (Date) , the Project Sponsor adopted a
resolution (the "Bond Resolution" ) authorizing the Issuance and sale of the
(Amount) (Name of Bond) (the "Bond"); and
WHEREAS, the Department Is willing under the terms and conditions set
forth In this Agreement to purchase the Bond from the Project Sponsor;
The Department and the Project Sponsor, in consideration of the mutual
convenants contained in this Agreement, HEREBY AGREE as follows:
SECTION 1 PURCHASE OF BOND: The Department agrees to purchase the entire
(Amount) principal amount of the Bond frcm the Project Sponsor at par
value.
51"CTl4N 2. REPAYMENT, INTEREST RATI",. AND FEES: The Project Sponsor agrees
to repay the loan over years in consecutive semiannual Installments as
described In the Bond Resolution. The Bond shall bear Interest at a rate of
percent per annum on the unpaid balance payable in semiannual
Installments on the unpaid balance commencing on _(pate)
The Project Sponsor will pay to the Department on the Date of Closing, out
of the proceeds of the sale of the Bonds, a loan origination fee equal to
percent of the face amount of the Bonds to recover the costs which have
been incurred by the Department In obtaining the funds with which to purchase
the Bonds. The origination fee 1s
SECTION 3. TERM: As It appI Ias to I oan funds the term of th Is Agreement
shall be from _ _ . to unless otherwise terminated
pursuant to the section entitled "Termination" of this Agreement.
SECTION 4. SOURCE OF FUNDS: Funds for the purchase of the Project
Sponsor's bond for this project or activity are being made available by the
State through the Department's Coal Severance Tax Bond program as provided
under Title 17, Chapter 5, Parts 701 through 719, MCA, or the Renewable
Resource Development Program as provided under Title 90, Chapter 7, Part 1 ,
MCA.
SECTION 5. SCOPE OF WORK:
-7-P 15 .s --n o,.►
Lam) ll D J I r2-- .4 � �iA-� ca
a,�q 1-173 , i 56 only/ OT7JEF --nN Q- -- J�UF02vtcn a
SECTION 6. RESPONSIBILITIES: The Project Sponsor has the primary
responsibility for directing and supervising the performance of all activities
carried out under the terms of this Agreement.
SECTION 7. CONSTRUCTION SERVICES AND PROFESSIONAL SERVICES PROCUREMENT:
The Project Sponsor is required to adhere to Department policies described In
Department documents titled "Construction Guidelines" and "Professional
Services Procurement} and dated October, 1985. These guidelines have been
provided to the Project Sponsor, and are Incorporated herein by reference.
SECTION 8. ACCESS FOR INSPECTION..__AND MONITORING: The Project Sponsor
shall grant the Project Inspector, Project Engineer, and the Department and
Its agents access at all reasonable times to the project site and all records
pertaining to It to carry out the monitoring and inspection program described
2
in this Agreement and the guidelines described In Section 7 of this
Agreement. Projects sponsored by a public body shall also be available for
pub I Ic access to the project site or system while ensuring pub i Ic safety, at
such dates and for such periods of time as mutually agreed to by the Project
Sponsor and the Department during and following the term of this Agreement.
SECTION 9. FUNDS DISBURSEMENT: The Department shall disburse funds for
the purchase of the Project Sponsor's bonds and collect repayment on the bond
funds in accordance with the terms and conditions set forth within the scope
of work and as further described within this Agreement.
Total bond proceeds made available to the Project Sponsor by the
Department under this Agreement shall not exceed .
Unless otherwise described In this Agreement, bond proceeds will be
disbursed by the following procedure:
A) Disbursals for Current Project Costs
Net bond proceeds will be credited to an account or accounts with
a financial Institutions) selected by the Project Sponsor and
approved by the Department. A check for the bond proceeds will
be made payable to the Project Sponsor and the financial
Institution selected by the Project Sponsor, requiring
endorsement by an authorized official of both the Project Sponsor
and the financial instltution. Disbursals for current project
costs will be from the Construction Account as provided for In
the Bond Resolution adopted by the (Project Sponsor) on
(Date)
The Project Sponsor Is responsible for receipt of contractor
billings and for providing proper payment. Disbursal for project
costs other than debt service may be made from the Construction
Account from time to time provided: ( 1 ) that such payments are
due and owing, are proper charges against the Construction
Account, and have not previously been paid; (2) that the Project
Sponsor Is not aware of any lien or claim affecting the right of
the payees to receive such payments; and (3) that sufficient
3
'1
moneys remain available to complete the Project; and (4) that the
Project Sponsor has submitted to the Department Vendor Invoices
or other payment reporting form provided by the Department
(containing the information required in this Section) which,
taken in conjuctlon, cover the entire period from the Date of
Closing through the end of the last fuli calendar month preceding
the date of payment. A Vendor invoice or other payment reporting
form provided by the Department signed by two authorized
officials of the Project Sponsor shall be submitted to the
Department each month containing the following information:
(1 ) a unique number assigned to they Vendor Invoice;
(2) the period of time Covered by the Vendor invoice;
(3) the name of the person or entity to whom a payment for
project costs was made from the Construction Account
during the period which may include the Project
Sponsor if the Project Sponsor had previously paid
project costs from other funds.-
(4) the amount or amounts to be paid;
(5) a short description of the nature and purpose of the
project costs) for which payment was made.
Each Vendor Invoice most be accompanied by a Certificate of
Inspection and Construction Progress as described In the
Department's "Constructlon Guideilnes" and a Statement of
Accuracy and Financial Condition signed by two authorized
officials of the Project Sponsor which states the following:
(1 ) that obligations In the stated amounts have been
Incurred by the Project Sponsor and are presently due
and payable (or have already been paid by the Project
Sponsor) and that each Item thereof Is a proper charge
against the Construction Account and has not
previously been paid from such Account;
(2) that the Project Sponsor Is not aware of any lien or
attachment upon the Project, or of any claim affecting
the right of the persons named in the Request for
Payment to receive payment of the amounts set forth In
4
,y
the Request for Payment, which has not been released
or will not be released simultaneously with payment of
such obligation, other than matertalmen" s or
mechanic's liens accruing by operation of law;
(3) that the money remaining on deposit in the
Construction Account, together with other moneys
available or to be available for the Project will be
sufficient to complete the Project.
The Project Sponsor may, but shall not be required to, make any
such payment if It has received notice of any lien, right to
lion, or attachment upon the Project or the System, or notice of
any claim affecting the right of the persons named In the Vendor
invoice to receive payment, which has not been released or will
not be released simultaneously with such payment, unless after
such payment has been made there shall be sufficient funds
available in the Construction Account to satisfy such lien, right
to lien, attachment, or claim, in which case payment by the
Project Sponsor or Its agent or assign Is mandatory. All
Payments made from the Construction Account pursuant to a Vendor
Invoice as provided In this subsection shall be presumed to be
made properly, and the Department shall not be required to see
the application of any payments made from the Construction
Account or to Inquire Into the purposes for which withdrawals are
being made from the Construction Account.
The Department may with the consent of the Project Sponsor assign Its duties
under this section of the Agreement to an agent.
g} Other Disbursal Provisions
Project Sponsor's travel and per diem expenses charged shall not
exceed the rates paid by the State of Montana to Its employees.
These rates will be provided to the Project Sponsor when
appropriate. These and all project costs submitted for payment
from the Construction Account and grant funds must be clearly and
accurately documented as described In this section.
5
SECTION 10. REPORI.INGe RECORD KEEEIN9 AND AUDITS: To assist the
Department with monitoring all aspects of the project, the Project Sponsor
shall prepare the following reports.
A) Fran Date of Closing untli construction is complete, accepted
and paid for, a Quarterly Report shall be filed within 30 days
of the closing of each quarter. The Quarterly Report shall
include:
(1 ) a narrative status report on each phase of the project
Included In the Scope of Work which describes progress
to date; both work completed and work underway;
(2) a financial statement which lists In detail the Income
and expenditures for the project, separating capital
expenditures from operating expenses;
(3) a budget report which lists all project expenditures In
the budget categories in the approved budget,
expenditures paid by the Department, those paid by other
financial sponsors of the project, and a percentage
completion for each subcategory In the approved budget;
(4) financial Information may be provided on a single form
or on forms provided by the Department.
8) Final Project Reports shall be submitted to the Department
within 2 months of the completion of the project or with the
final Quarterly Report. The Final Report shall Include:
( 1 ) a narrative report describing the completed project and
findings;
(2) a complete financial statement for the project;
(3) a complete accounting of all the funds maintained for
the project;
(4) a statement from the Project Engineer that the project
was completed according to all the specifications in the
Scope of Work;
(5) a certification by the Project Sponsor that the project
compiled fully with the provisions of this Agreement.
5
C) For the term of this Agreement as It app I ies to loan funds an
Annual Financial Report sha€ I be prepared and submitted to the
Department x I th i n 120 days after the c I ose of each f i sca I year
or with the 4th Quarterly Report during the construction
period. The correctness and completeness of such report shall
be certifled by the Treasurer and the report shall include at
least the following:
(1 ) a year and financial statement which lists in detail the
Income and expenditures of the project for the fiscal
year, separating capital and operating expenditures;
(2) If relevent, the number of premises connected to the
project at the end of the fiscal year, appropriately
categorized by type and/or quantity of use;
(3) the amount on hand in each account of the Project Fund
at the end of the fiscal year;
(4) a list of the insurance policies and fidelity bonds
applicab€e to the project or the Project Fund In force
at the end of the fiscal year, showing as to each the I
dollar limits, the risks covered, the name of the
insurer or surety, and the expiration date of the policy
or bond; and
(5) a certificatlon that, based upon the information
disclosed in a report, the Project Sponsor Is In full
compliance with al of the covenants and conditions of
this resolution, or a summary of the respects In which
the report discloses any non-compliance with this
resolution, together with a full explanation thereof and
recommendations for any changes or actions that may be
necessary or desireable to cure such non-compliance.
The original or a duly certif €ed copy of such financial report shall be
promptly delivered to DNRC or Its assigns and to any trustee for the
Bondholders. In so far as the Annual Financial Statement submitted to the
Local Government Services Bureau of the Department of Commerce meets the
requirements of the Annual Financial Report that Statement may be submitted to
most those requirements.
7
v
The Project Sponsor will cause proper and adequate books of record and
account to be kept showing complete and correct entries of all receipts,
disbursements and other transactions relating to the Project. The resulting
records and information shall be kept and maintained by the Project Sponsor
throughout the term of this Agreement.
The Project Sponsor agrees that the Department, the Office of the
Legislative, Auditor, or Local Government Services Division, Department of
Commerce may, at any reasonable time, audit all records, reports, and other
documents which the Project Sponsor maintains under or in the course of this
Agreement to ensure compliance with this Agreement. In addition, the
Department may require, with reasonable notice, the Project Sponsor to submit
to an audit by a Certif led Public Accountant or other person acceptable to the
Department, paid for by the Project Sponsor.
If the project is audited by another federal or state agency, this audit
may meet the conditions of this Agreement.
SECTION 11 . PROPERTY INSURANCE: The Project Sponsor will cause all
buildings, properties, fixtures, and equipment constituting part of the
project to be kept Insured for the term of this Agreement as it applies to
loan funds with a reputable insurance carrier or carriers qualifled under the
laws of Montana, in such amounts as are ordinarily carried, against loss or
damage by fire, explosion, and such other hazards or risks as are ordinarily
Insured against by public utilities owning and operating properties of a
similar character and size. The Department shall be named as an Insured
party. The proceeds of all such Insurance shall be available for the repair,
replacement, and reconstruction of damaged or destroyed property, and, until
paid out In making good such loss or damage, are pledged as security for the
Bonds. All Insurance proceeds received in excess of amounts required for
restoration of the foss or damage compensated thereby shall be and become part
of the revenues appropriated and pledged to the Project Fund. If for any
reason the insurance proceeds are Insufficient for the repair, replacement,
and reconstruction of the insured property, the Project Sponsor shall supply
the deficiency from revenues on hand in the Construction Account; and if such
deficiency results from breach of the covenant of this section It will be
supplied from any other available Project Sponsor funds.
8
SEgION 12. L i AB I L I TY I NSURANC AND INSURED BOND : The Project Sponsor
will carry insurance against liability of the Project Sponsor and Its agents
and employees for injuries ( including death) to persons and damage to property
resulting from all construction, operation, maintenance or improvement of the
project for the term of this Agreement as it applies to loan funds, In amounts
not less than E30U,000 per person and $1 ,000,000 per occurrence. The Project
Sponsor also will cause all persons handling money and ether assets of the
Project Fund to be bonded adequately for the faithful performance of their
duties, and to account for and to pay over such money and assets to the
Project Sponsor. All amounts received under such Insurance and bonds shall be
applied to the loss or damage covered thereby.
SECTION 13. WORKER'S COMPENSATION INSURANCE: It is mutually agreed that
the Project Sponsor is an Independent Contractor and is not an employee of the
State of Montana nor of the Department and Is not covered by the Workers'
Compensation laws applicable to the Department as employer. It Is agreed that
Project Sponsor most acquire Workers' Compensation coverage or the appropriate
exemption until such time as the project is complete and the Final Project
Report has been submitted to the Department. The Project Sponsor's failure or
the failure of its contractors to continue Workers' Compensation coverage or
an approved exemption throughout the construction period shall automatically
void this Agreement as it so applies.
Project Sponsor will not undertake to provide any of the services defined
In Section 5, Scope of Work, until such time that proof of Workers'
Compensation coverage or of an approved exemption has been submitted to the
Department and has been attached to this Contract.
SECTION 14. LEGAL REQUIREMENTS: It is the responsibility of the Project
Sponsor to perform the services required In accordance with all federal , state
and local laws and statutes and all applicable rules, regulations and
standards established by the Board and the Department, Including, but not
limited to the applicable provisions of the Coal Severance Tax Bond program,
9
Title 17, Chapter 5, Parts 701-719, MCA, the Water Development Program,
Title 85, Chapter 1 , Parr 6 and the Renewable Resource Development Program,
Title 90, Chapter 2, Part 1 , MCA, and the administrative rules adopted
thereto.
SECTION 15. PUBL I C INFORMATION AND OWNERSHIP OF PRODUCTS: All information
- or findings resulting from the project or activity funded under this Agreement
shall be made available to the public at the request of the Department.
Upon completion of this Agreement, all Information, reports, data,
records, documents, and materials generated by this Agreement, can be made
available to the public by the Department, and the Project Sponsor hereby
agrees to Indemnify and hold harmless the Department from the release of any
Information, reports, data, records, documents, and materials provided by the
Project Sponsor.
SECTION 16. TANGIBLE PROPERTY: All equipment, supplies, and materials
purchased or rented for use in completing this project shall be described in
the bid package which Is a supporting document to this Agreement.
All equipment, supplies, and materials purchased with bond proceeds will
remain the property of the Project Sponsor.
SECTION 17 . LIAISON: The Lialson representatives for the respective
parties, to whom all communication concerning this Agreement shall be
directed, are: Loan and Grant Section Chief, Water Development Bureau, Water
Resources Division, Department of Natural Resources and Conservation, Capitol
Station, Helena, MT 59620, representing the Department, and
or their successors, representing the Project Sponsor.
A change of the liaison representative(s) for either party will require a
written notification of the change to the other party within 15 days of the
effective date of the change.
10
5
....,,._,...., .............r.....�w....mv.,rwrw'•rwWr'N.w..rM.�r..rnww............:r haM.r--.-......-.:...,.... ........-..a..-:....,.,_,._.. m....r..�.....-..-,�.Y.,.n.........-,...,,.,,_..___r.....,vr...mi.. .w.a�..rw.....r..................,.....,
SECTION 18. DISCRIMINATION: Any hiring of employees under this Agreement
by the Project Sponsor shall be on the basis of merit and qualification, and
there shall be no discrimination In such hiring on the basis of race, color,
religious creed, political ideas, sex, age, marital status, physical or mental
handicap, national origin or ancestry. As used herein, "qualifications" means
qualifications that are generaliy related to competent performance of the
particular occupational task.
SECTION 19. ASSIGNMENTS: Both parties to this Agreement mutually agree to
the following:
The Department shall have the right and authority to transfer or
assign Its interest, rights, and duties In this Agreement In
whole or In part without prior consent of the Project Sponsor.
The Department will notify the Project Sponsor of such intent to
transfer at least fifteen (15) days before implementing such
transfer or assignment. Such transfer or assignment will not
alter the terms of this Agreement or the responsibilities of the
Project Sponsor.
The Project Sponsor shall not have the right or authority to
transfer or assign this Agreement or its responsibilities under
this Agreement unless prior agreement has been stipulated herein
or future amendment is agreed to by both the Department and the
Project Sponsor.
Nothing In this section shall prevent the Project Sponsor from pledging
Its rights under this Agreement as security for payment In order to procure
the services of necessary sub-contractor to complete the project in accordance
with this Agreement.
11
_...._ ........ . ................... .... ._.�.._..............
SECTION 20. MODIFICATIONS. No letter, telegram, or other communication
passing between the parties to the Agreement concerning any matter during this
contract period shall be deemed a part of this Agreement unless it is
distinctly stated in such letter, telegram or communications that it is to
constitute part of this Agreement, and such letter, telegram, or communication
Is attached as an Appendix to this Agreement and is signed by the authorized
representative of each of the parties to this Agreement.
SECTION 21 . iNDEMNITY AND LIABILITY: The project Sponsor shall Indemnify
and hold harmless the Department and the State of Montana and its agents from
and against any and all claims, demands, or actions from damages to property
or Injury to persons or other damages to persons or entities arising out of or
resulting from the performance of this Agreement, or the results of this
Agreement, provided such damage to property or injury to persons Is due, in
whole or in part, to the omission, and negligent act of the Project Sponsor or
any of its employees, or any contractor or subcontractor or their employees.
SECTION 22. SEVERABILITY: It Is understood and agreed by the parties
hereto that If any term or provision of this Agreement Is by the courts held
to be Illegal or In conflict with any Montana law, the validity of the
remaining terms and provisions shall not be affected, and the rights and
obligations of the parties shall be construed and enforced as if this
Agreement did not contain the particular term or provision held to be invalid.
SECTION 23. TERMINATION: Except as otherwise provided In this section,
either party may terminate this Agreement for failure of the other party to
perform any of the services, duties, or conditions contained In this Agreement
after giving thirty (30) days written notice by registered mail or personal
delivery to the other party. The written notice must demand performance of
the stated failure within a specified time period of not less than thirty (30)
days. I f the demanded perf ormance i s not comp I eted w i th I n the spec I f I ed t!me
period, the termination Is effective at the end of that specified time
period. However, once the bond is purchased by the Department, the Project
12
Sponsor will continue to be responsible for repayment of the debt associated
with the bond described herein. in the event of default by the Project
Sponsor, no termination or other such action by the Department shall waive any
of Its rights or remedy provided by law, ordinance or resolution for any such
defauI t.
SECTION 24. MONTANA LAW AND VENUE: The parties agree that any action at
law, suit In equity, or judicial proceeding for the enforcement of this
Agreement or any provision thereof shall be instituted only in the courts of
the State of Montana, and It is mutually agreed that this Agreement shall be
governed by the laws of the State of Montana, bath as to Interpretation and
performance. In the event of litigation concerning the terms of this
Agreement, venue shall be In the First Judicial District In and for the County
of Lewis and Clark, Montana.
SECTION 25, AUTHORIZED SIGNATURES: The Project Sponsor shall provide to
the Department certified signatures of two officials, one of whom shall be the
official responsible for maintaining the records and accounts of the Project
Sponsor, authorized to sign any checks or warrants required by this Agreement
and other documents or reports required herein.
SECTION 26. BOND RESOLUTION PREVAiLS: The Project Sponsor has agreed to
be bound by ali the covenants and conditions set forth in the Bond Resolution
adopted at Its meeting on �w which Resolution by this
reference is incorporated herein. In the event of Inconsistencies between the
terms In the Resolution and the terms In this Agreement, the Resolution shall
prevail . No amendment of such resolution may be made except as provided In
such resolution.
SECTION 27 . AUTHORIZATION: This Agreement consists of pages. The
originals are to be retained by the Department. A copy of the original has
the same force and effect for all purposes as the original .
13
3
M
This Agreement shall become effective upon signature of the Project
Sponsor Indicating acceptance and agreement to the Agreements, terms and
conditions.
I (We) declare that I (We) are legally capable of and authorized to enter `
into this binding contractual agreement for the purpose of securing bond
purchase proceeds and/or a grant from the Department of Natural Resources and
Conservation to be administered according to the terms and conditions of this
Agreement and other associated documents.
I (We) also declare that the information and statements used to obtain
approval of these funds were accurate and complete to the best of my (our)
knowledge.
By:
(Title of Signator) Date
Attest
By:
(Tole of Signator) pate
(SEAL)
By:
Authorized by the Department Title Dame
of Natural Resources and
Conservation
Capitol Station
Helena, MT 59620
s
14
n
k
If you have any questions concerning either of these documents• please call me
at 444-6668. Good luck with the project and I look forward to working w 1 th
y ou.
Sincerely,
Arey A. Werm er s
Muni al Project Engineer
Water Development Bureau
GIN:mh
Enclosure
CC: Ph 1 I Fcr-be s
7,
0
i
i
i
i
i
■
THE CITY OF BOZEMAN
V 97� 411 E. MAIN ST. P.O. BOX 640 PHONE (406) 586-3321
BOZEMAN, MONTANA 59 7 1 5-0640
79 - 88
moo,�jf
zY_.L
TO: Phillip J. Forbes, City Engineer/Public Works Director
1
FROM: Fred Shields, Superintendent of Water/Sewer r
RE: Larry Woodward's letter to you concerning the use of the
Booster Station Pumps
DATE: July 29, 1.988
-----------------------------------------------------------------------
Tn particular I would like to address item number three (3) on Larry's
list of possible problems associated with the turning on of the pumps
at the booster station.
From past experience we know that when one pump is turned on, there is
approximately a seven (7) pound pressure increase in the system on the
discharge side of the pump. The second pump will increase the pressure
an additional three (3) pounds, making a total pressure difference of
approximately ten (10) pounds with the two large pumps running.
In 1986 at the request of the City Engineer's Office, we ran both pumps
in an attempt to fill to overflow the new steel water tank on the hill.
At that time we had a pressure of one hundred and sixty-five (165)
pounds on the discharge side of the pumps. When the pumps were finally
shut off, after the unsuccessful attempt, the pressure gauge registered
a pressure jump to one hundred and eighty (180) pounds for a brief time.
This pressure jump, or water hammer, occurs every time the pumps are
Shut off, although usually to a lesser degree than the above.
During the last two (2) years that the pumps were used (1985 and 1986) ,
the water department experienced a total of twenty-five (25) main Leaks.
In the following two (2) years (1987 and 1988) , we have had five (5) main
leaks, two (2) of which were on the south side transmission lines.
I firmly believe that the majority of the main leaks in 1985-86 and before
that time were the direct result of the use of the booster pumps and the
pressure changes associated with their use.
If you have any questions on these comments or on the use of the booster
pumps, I would welcome the opportunity to discuss them.
FS:cep
cc: Larry Woodward, Assistant Superintendent of Water/Sewer
HOME OF MONTANA STATE UNIVERSITY
GATEWAY TO YELLOWSTONE PARK
�x
i THE r
41► n,a►N Sr Cl T OF QO
zE
O. ac,x 640 M'�N
MZ d 80Z'-MAN. MONTANA SPHONC (406) 58G-3321
640
July 18, 1988
lvlz-, Ph111i
Cit
Pub,Y �ngine T p°rhes
zc Wrks
GitY of 13ozernezrect°r
°
RE;
Use
bear Mr,e ,of BoosterStati°i� pi
Forbes; caps
After
`1°cun O r brief disrily cuss
ns r
01)
bEat 2 gat 1y co p1 ase re
r r days July r
zn do.in find attache a 1 t l�,
Al.rhot1- g s°• d x feel- it
woU.id Probhe expert Of pvs° S"pPlemenEssarY to
Izen Y be of se
sable the
ds r. Utio up,s Opposed ign.fI ante repairs t Prob.iems that t could
5° respectful °Aerator d to bejnl; su comPari o the System
wa iencej St lY request °ertifzed b PP1ied unf n t° Possib could be hi
ter °n tile.dte Of f Mont that the Depart
the State altered suz- le litiF"ati gh, they
e 'South ana be fa °n
Morning Of 8OL Conn act d Prior ea Montana
and (°per tOr �l7As a m
Side
Orlm
ment the PUMPSema knv -94.1)
t� �b��Rg n U and ending u . be nfiltthe same toil ° any use of I,Yman Cre 1
ns
mandat ry ratiOnin�d t ali m rgen y water eredato btoWn sing filters ek
ce of wa.
If
at
1�0 Id
supply io the husi WOUthink priori aApr.ov l r Or a. an reek h eservo
the demandd Water• n IS to sell water, r°m the .Staterernativeir
nearl now is f our e should be
the ntinuedbut Y empty_ time Ile Is it Is also
Since to begin y usage
our
r. a rats, resPonsib o
indica
ning Pr°gra tes sae can ility t
. /�, /' m, no t wlrejnot ee t
lrr`y C �/ tank
``�ssista /°odward .
r•C;! Water SuPer '
J•cep zntenden
tachment t
Cc- .
• "'red Shielrls�
Supez-intendent of CJat, -cz
H GA M 0N rANA S
Ay 7-0 ,... rArF r��,.. ..
RE: USE OF BOOSTER PUMPS - LyMAN CREEK
1, Pumps have
not been used for a long period of time (last turned on
8-19-86) No safe way
pumps are on the end of an 18 inch main, dead end line.
2, p silted•
to flush. Could be heavily a on North Side
pumps will definitely create a pressure chat.
3. Use of p in the past.
P --`
Has resulted it numerous leaks
Piping. er which could result in leaks
Use of pumps will cause water hammer.
G. .
on South Side as we probably cause turbidity
North Side water to South Side will to be reported to the
5. Pumping excessive level and be required
to reach an
State.
f pumps will create less detention time at North Reservoir.
6. Use o
Chlorine will have to be increased.
LGW:cep
7/18/88
-�-,�/ K :ice'fS d► ,>;p
OF
I
tt s- I I ID �) ..:y sC.� `. 4 at
I� 7
.ta.^� •! .5'G ur r.��� Cr,e* (5 r M. . c� d �P
it ! iv, r s c,ti a
�t
II
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t
. t �
Sanderson/Stewart/Gaston
A Engineering, Inc.
�s
March 31 , 1988
W.O. #86-511
Mr . Phil]. Forbes
City Engineer
P. 0. Box 640
Bozeman, MT 59715
RE: Water System Improvements
Lyman Creek
Bozeman, Montana
Dear Phill :
Enclosed please find a copy of our engineer ' s estimate and
budget figures which include engineering services.
As mentioned to you earlier by phone the estimate is based
upon current 1987 construction prices with an inflation factor
added for 1988 construction. We are, however , seeing construction
prices vary substantially depending upon the time of year a
project is bid plus several factors such as, amount of available
work in a certain locale, or contractor work load , etc.
Although we show that the project is over budget by $14 , 566 ,
a reduction in the cost of the pipeline from $35. 00 per foot to
$32 . 00 per foot would more than cover this over run.
I feel that if this project is bid in early spring we would
recieve very competative bids and unit prices somewhat less than
our estimate. Once bids are received we could then negotiate a
reduced project to match monies available.
Phill , as you know there are not many projects available for
bidding this year . Many contractors simply want to cover the
operating expenses and overhead with the first project bid in the
spring. As the construction season goes into the summer months,
unit prices for construction seem to always increase. We need to
take advantage of an early spring advertisement and bid opening.
We await your direction.
S-i cer.e.ly,
erald M. G on, P.E.
GMG/jac Consultinq Engineers and Land Surveyors
Billings office; Sheridan office: Bozeman office:
Suite 200 Creekside 45 East Loucks - Suite 301 2010 North 7th - Suite B
1001 South 24th Street West Sheridan, Wyoming 82801 P.O. Box 861
Billings, Montana 59102-3091 307-674-4224 Bozeman, Montana 59715-0861
406-656-5255 406-586.0588
Lyman creek Water System Improvements
3/28/88
Project Construction Costs $647, 100. 00
A/B Design
* Reservoir Cover $ 10,980. 00
* Yard Piping 10, 013. 00
Water Line & Diversion 27�960. 00
Subtotal. $ 48 ,953. 00
A/B Construction Services
Reservoir Cover $ 4, 020. 00
* Yard Piping 8 , 552. 00
Water Line & Diversion 32, 020. 00
Subtotal $ 44 , 592. 00
TOTAL: 93 , 545. 00
TOTAL PROJECT COSTS : $740, 645. 00
MONIES AVAILABLE: $726r079 . 00
Sanderson/Stewart/Gaston
A Engineering, Inc.
�s
�S February 12, 1988
W.O. #86-511
Mr . Phill Forbes
City Engineer_
P. 0. Box 640
Bozeman, MT 59715
RE: Lyman Creek Water System
Improvements
Dear Phill:
In reviewing the checklist you provided us, I have the following
comments. The A/E Agreement was probably forwarded to the DNRC by
the City; however , if the City forgot or you want me to send them
a copy, please advise. Design Report: It ' s usually customary to
send the DI-IES a copy of our design report identifying our design
criteria, flow rates, etc. when we submit the final plans and
specs for review. I would think that this would be okay with
DNRC. Neither the DHES or myself knew exactly what was needed
until. just recently due to the fact the new drinking water stan-
dards are not finalized.
i think we ' re still okay, and will be getting the final design
wrapped up as soon as possible.
Sincerely,
erald M. Gast P.E.
GMG/jac
Consulting Engineers and Land Surveyors
Billings office: Sheridan office: Bozeman office:
Suite 200 Creekside 45 East Loucks - Suite 301 2010 North 71h -Suite B
1001 South 24th Street West Sheridan, Wyoming 82801 PO. Box 861
Billings, Montana 59102-3091 307-674-4224 Bozeman, Montana 59715.0861
406-656-52.55 406-586-0588