HomeMy WebLinkAbout24 - Professional Services Agreements - Advanced Engineering and Environmental Services, LLC - Bozeman Sourdough Water Treatment Facility Plan Docusign Envelope ID:7000104D-OA40-439E-BD6B-F3FC1B25ED1C
PROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made as of August 6,2024 ,between THE CITY OF BOZEMAN, a self-
governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121
N. Rouse Ave., Bozeman, Montana, 59771 (OWNER) and Advanced Engineering and Environmental Services,
LLC,(ENGINEER).
Whereas the accomplishment of the work and services described in this Agreement is essential to the OWNER'S
public works improvement program.
Whereas the OWNER intends to and has selected the ENGINEER to provide necessary and professional engineering
services for the project.
Whereas the ENGINEER represents that it is willing and qualified to perform the professional engineering services
for this project described in this Agreement.
Therefore, in consideration of the foregoing recitals and the mutual covenants and conditions contained herein, the
parties agree as follows:
ARTICLE 1 -ENGINEERING SERVICES
1.1. ENGINEER will provide services set forth in Exhibit C -Scope and Fee Description ("Engineering Services"),
incorporated herein by reference.
ARTICLE 2-ENGINEER'S RESPONSIBILITIES
2.1. ENGINEER shall perform for OWNER professional engineering services in all phases of the Project to which this
Agreement applies as hereinafter provided. These services will include, but not be limited to, serving as OWNER's
professional engineering representative for the Project, providing professional engineering consultation and advice and
furnishing customary civil and structural engineering services incidental thereto.
2.2. The ENGINEER shall furnish all labor,materials,equipment,supplies,and incidentals necessary to conduct and
complete the ENGINEER'S portions of the Project and to prepare and deliver to the OWNER all data, reports, plans,
specifications,and recommendations as designated herein.
2.3. The ENGINEER shall ascertain such information as may have a bearing on the work from local units of
government,public,and private organizations and shall be authorized to procure information from other authorities as to the
extent of these contacts and the results thereof.
2.4. The ENGINEER'S work shall be in accordance with the standards of sound engineering practices.
2.5. The ENGINEER shall name a Principal-In-Charge for the duration of the project. The Principal-In-Charge shall
be Nate Weisenburger,PE.
2.6. The ENGINEER shall name a Project Manager who shall be the liaison between the ENGINEER and the OWNER.
The Project Manager shall be Zach Ma dog 1,PE.The OWNER may name a Task Director who would be the liaison between
the ENGINEER and the OWNER during the design segment of the Project.
2.7. The ENGINEER shall submit an estimated progress schedule at the beginning of the work,and monthly progress
reports thereafter until the project is completed.
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ARTICLE 3-OWNER'S RESPONSIBILITIES
3.1 The OWNER shall name a Task Director who shall be the liaison between the ENGINEER and the OWNER during
DESIGN segment of the Project. The Task Director designated shall be Griffin Nielsen,PE.
3.2 The OWNER shall have the right of review and examination of the ENGINEER'S work at all times.
3.3 The OWNER shall make available all records(record drawings,construction records,etc.)indicating the existing
configuration of the city utilities.
3.4 The OWNER shall attend the job related meetings requested by the ENGINEER including the Workshops
identified in Exhibit C and be responsible for ensuring select members of the OWNER's staff are present.
ARTICLE 4-BASIC ENGINEERING SERVICES
The ENGINEER shall render professional Engineering Services as follows:
4.1 PRE-DESIGN INVESTIGATION PHASE
After written authorization to proceed,ENGINEER shall:
4.1.1 Consult with OWNER to clarify and define OWNER's requirements for the Project and review available
data.
4.1.2 Advise OWNER as to the necessity of OWNER's providing or obtaining from others, data or services
and assist OWNER in obtaining such data or services.
4.1.3 Identify and analyze requirements of governmental authorities having jurisdiction to approve the design
of the Project and participate in consultations with such authorities.
4.1.4. Provide analyses of OWNER's needs, planning surveys, site evaluations and comparative studies of
prospective sites and solutions.
4.1.5. Provide a general economic analysis of OWNER's requirements applicable to various alternatives.
4.1.6 Assist in formation of Special Improvement Districts (SID) by preparing district boundary
descriptions and maps,preparing a property owner's and assessments role lists including project assessment
costs based on the preliminary project cost estimates, and providing technical information at SID public
hearings,if applicable.
4.1.7. Prepare a Report containing schematic layouts, sketches and conceptual design criteria with
appropriate exhibits to indicate clearly the considerations involved (including applicable requirements of
governmental authorities having jurisdiction as aforesaid)and the alternative solutions available to OWNER
and setting forth ENGINEER's findings and recommendations. This Report will be accompanied by
ENGINEER's opinion of probable costs for the Project, including the following which will be separately
itemized: Construction Cost, allowance for engineering costs and contingencies, and (on the basis of
information furnished by OWNER)allowances for such other items as charges of all other professionals and
consultants,for the cost of land and rights-of-way,for compensation for or damages to properties,for interest
and financing charges and for other services to be provided by others for Owner. The total of all such costs,
allowance,etc.are hereinafter called"Total Project Costs".
4.1.8. Furnish an electronic copy of the Study and Report documents and review them in person with OWNER.
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The Pre-design Investigation Phase will be completed and submitted within 180 calendar days following written
authorization from OWNER to ENGINEER to proceed with that phase of services.
4.2 PRELIMINARY DESIGN PHASE-NA
4.3 FINAL DESIGN PHASE-NA
4.4 BIDDING OR NEGOTIATING PHASE-NA
4.5 CONSTRUCTION PHASE-NA
4.6. PROJECT DOCUMENTATION
ENGINEER shall furnish OWNER with an electronic copy of the Report in searchable PDF format.
4.7. CONSTRUCTION TESTING-NA
ARTICLE 5-ADDITIONAL SERVICES
5.1. If OWNER wishes ENGINEER to perform any of the following Additional Services, OWNER shall so instruct
ENGINEER in writing, and ENGINEER shall perform or obtain from others such services and will be paid therefor as
provided in this Agreement:
5.1.1. Legal land surveys performed to obtain data for preparing easements and rights-of-way descriptions.
5.1.2. Preparation of applications and supporting documents for governmental agencies in addition to those
required under Basic Services;preparation or review of environmental studies and related services;and assistance
in obtaining environmental approvals.
5.1.3. Services resulting from significant changes in the general scope, extent or character of the Project or
major changes in documentation previously accepted by OWNER where changes are due to causes beyond
ENGINEER's control.
5.1.4. Providing renderings or models.
5.1.5. Preparing documents for alternate bids requested by OWNER for work not executed or for out-of-
sequence work.
5.1.6. Providing other services not otherwise provided for in this Agreement, including services normally
furnished by the OWNER as elsewhere herein described.
5.1.7. Furnishing the services of independent professional associates or consultants for other than Basic
Services.
5.2. When required by the Contract Documents in circumstances beyond ENGINEER's control, ENGINEER shall
perform or obtain from others any of the following Additional Services as circumstances require during construction and
without waiting for specific instructions from OWNER,and ENGINEER will be paid therefor as provided in this Agreement:
5.2.1. Services in connection with work directive changes and change orders to reflect the changes requested
by OWNER if the resulting change in compensation for Basic Services is not commensurate with the additional
services rendered.
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5.2.2. Services in making revisions to Drawings and Specifications occasioned by the OWNER'S acceptance
of substitutions proposed by Contractor(s);services after the award of each contract in evaluating and determining
the acceptability of an unreasonable or excessive number of substitutions proposed by Contractor;and evaluating
an unreasonable or extensive number of claims submitted by Contractor(s)or others in connection with the work.
5.2.3. Services resulting from significant delays, changes or price increases occurring as a direct result of
materials,equipment or energy shortages.
5.2.4. Additional or extended services during construction made necessary by(1)work damage by fire or other
causes during construction, (2) a significant amount of defective or neglected work of any Contractor, (3)
acceleration of the progress schedule involving services beyond normal working hours, (4) default by any
Contractor.
ARTICLE 6-COMPENSATION FOR ENGINEERING SERVICE
6.1 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER
6.1.1 Pam The OWNER shall for design phase services performed as Basic Engineering Services under
sections 4.1 of this Agreement pay two distinct lump sums,one for Phase 1A:Water Treatment Facility Basis of
Planning and one for Phase 1B:South Pressure Zone Study,as identified in Exhibit C.A lump sum for Phase lA
in the amount of$171,808 for such services and a lump sum for Phase 113 in the amount of$70,100 for such
services.
6.1.2 Phase lA Payment Schedule. Total cumulative payments for the study phase engineering services(Section
4.1)for Phase I shall not exceed the following ceilings:
$_103,084.80_(60%of the design fee)until all Phase lA Workshops identified in the Exhibit C have been held.
$ 154,627.20 (90% of the design fee)until all Draft Final Deliverables, excluding those of Phase 1A, Task 1,
have been provided to the OWNER for review.
6.1.3 Phase 1B Payment Schedule.Total cumulative payments for the design phase engineering services(Section
4.1)for Phase I shall not exceed the following ceilings:
$ 42,060.00 (60%of the design fee)until all Phase 113 Workshops identified in the Exhibit C have been held.
$ 63,090.00 (90%of the design fee)until all Draft Final Deliverables,have been provided to the OWNER for
review.
6.1.4 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 this Agreement.
6.1.5 Reimbursable Expenses. Only those expenses specifically identified for payment under section 6.2 of
this Agreement are reimbursable. All other design related expenses are included in the Lump Sum Payment for
the Basic services(4.1 through 4.4)and are not separately reimbursable. Additional Services specifically identified
under the scope of design services for payment under 6.1 are not separately reimbursable.
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6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER.
Construction and project documentation services performed as Basic Engineering Services under sections 4.4 through 4.7
including General Administration of Construction Contract,Resident Project Representation,Project Documentation, and
Construction Testing,shall be compensated in accordance with the following:N/A
ARTICLE 7-MEANING OF TERMS
7.1 AGREEMENT
As used herein the term"this Agreement"refers to the contents of this document and its Exhibits attached hereto and referred
to as if they were part of one and the same document.
7.2 CONSTRUCTION COSTS
The construction cost of the entire Project(herein referred to as "Construction Cost")means the total cost to OWNER of
those portions of the entire Project designed and specified by ENGINEER, but it will not include ENGINEER's
compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, properties unless this
Agreement so specifies,nor will it include OWNER's legal,accounting,insurance counseling or auditing services,or interest
and financing charges incurred in connection with the Project or the cost of other services to be provided by others to
OWNER.
7.3 DIRECT LABOR COSTS
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:N/A
7.4 REIMBURSABLE EXPENSES
Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's independent professional
associates or consultants directly in connection with the Project, such as expenses for: transportation and subsistence
incidental thereto; obtaining bids or proposals from Contractor(s); subsistence and transportation of Resident Project
Representatives and their assistants;toll telephone calls and telegrams; reproduction of reports,Drawings, Specifications,
Bidding Documents and similar Project-related items; and if authorized in advance by OWNER, overtime work requiring
higher than regular rates. In addition,when compensation for Basic Services is on the basis of Direct Labor Costs method
of payment,Reimbursable Expenses will also include the amount billed to ENGINEER by special consultants employed by
ENGINEER and authorized by OWNER(other than as an authorized Additional Services)and will also include expenses
incurred for computer time and other specialized equipment, including an appropriate charge for previously established
programs and expenses of photographic production techniques.
ARTICLE 8-PAYMENT PROVISIONS
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8.1 TIMES OF PAYMENTS. ENGINEER may submit monthly statements for Basic Services and approved
Additional Services rendered and for Reimbursable Expenses incurred; however,payments shall not exceed the ceilings
provided in 6.1 and 6.2. Final payment shall be made only after acceptance of the project by the OWNER. If OWNER
disputes the amount of the billing, OWNER will notify the ENGINEER in writing within ten (10) calendar days of the
receipt of bill of the dispute.
8.2 REQUESTS FOR PAYMENT. Each request for payment shall include a documentation summary of the period
incremental man hours incurred,direct labor rates and billed rates,detail of reimbursable costs,total period billing,and total
cumulative billing. When requested by OWNER services for distinct project segments shall be accounted and billed
separately.
8.3 PAYMENT UNDER TERMINATION. In the event of termination by the OWNER upon the completion of any phase
of the Basic Services,progress payments due ENGINEER for services rendered through such phase shall constitute total
payment for such services. In the event of such termination by OWNER during any phase of the Basic Services,ENGINEER
also will be reimbursed for the charges of pre-approved independent professional associates and consultants employed by
ENGINEER to render Basic Services,and paid for services rendered during that phase on the basis of the payment provisions
of the Agreement. In the event of any such termination, ENGINEER will be paid for unpaid pre-approved Additional
Services and unpaid Reimbursable Expenses which are authorized under this agreement.
ARTICLE 9-GENERAL CONSIDERATIONS
9.1 TERMINATION OF AGREEMENT
9.1.1 The sole right is hereby reserved to the OWNER to terminate this Engineering Agreement for any and
all causes or for its convenience at any time upon fifteen(15)days written notice to the ENGINEER.
9.1.2 If termination for default is effected by the OWNER,an equitable adjustment in the price provided for in
this Agreement shall be made,but(1)no amount shall be allowed for anticipated profit on unperformed services
or other work,and(2)any payment due to the ENGINEER at the time of termination may be adjusted to cover any
additional costs to the OWNER because of the ENGINEER's default. If termination for convenience is effected
by the OWNER,the equitable adjustment shall include a reasonable profit,as determined by owner,for services
or other work performed. The equitable adjustment for any termination shall provide for payment to the
ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination
settlement costs reasonably incurred by the ENGINEER relating to commitments which had become firm prior to
the termination.
9.1.3 Upon receipt of a termination action under paragraph 9.1.2, the ENGINEER shall (1) promptly
discontinue all affected work(unless the notice directs otherwise),and(2)deliver or otherwise make available to
the OWNER within ten(10)days copies of all data,design drawings,specifications,reports,estimates,summaries
and such other information and materials as may have been accumulated by the ENGINEER in performing this
Agreement,whether completed or in process.
9.1.4 In the event this Contract is terminated prior to completion,the original copies of the ENGINEER'S data,
recommendations,plans, specifications, analysis and other related documents prepared by the ENGINEER prior
to said termination shall be delivered to and become the property of the OWNER.
9.1.5 Upon termination,the OWNER may take over the work and may award another party an Agreement to
complete the work under this Agreement.
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9.1.6 OWNER'S right to terminate is in addition to any other remedies OWNER may have under the law.
9.2 INSPECTION AND AUDIT
All books,papers,records,payrolls,vouchers and invoices relating to costs and expenditures incurred as to the performance
of the services by the ENGINEER hereunder shall be made available to the OWNER,or their authorized representatives for
audit and review, at the ENGINEER'S respective offices at all reasonable times during the contract period and for three
years from the date of final payment.
9.3 EMPLOYMENT
The ENGINEER warrants that he has not employed or retained any company or persons,other than a bona fide employee,
working solely for the ENGINEER,to solicit to secure this contract,and that he has not paid or agreed to pay any company
or person,other than bona fide employees working solely for the ENGINEER,any fee,commission,percentage,brokerage
fee,gifts or any other considerations contingent upon or resulting from the award or making of this Contract. For breach or
violation of this warranty, the OWNER shall have the right to annul the Contract without liability or in its discretion to
deduct from the price or consideration or otherwise recover the full amount of such fee,commission,percentage,brokerage
fee,gift or contingent fee.
All employees of the ENGINEER or other persons while engaged in the performance of work or services required by the
ENGINEER shall be considered employees of the ENGINEER only and not of the OWNER.
9.4 NONDISCRIMINATION
The ENGINEER agrees that all hiring by ENGINEER of persons performing this Agreement shall be on the basis of merit
and qualifications.
The ENGINEER will have a policy to provide equal employment opportunity in accordance with all applicable state and
federal anti-discrimination laws,regulations,and contracts.
The ENGINEER will not refuse employment to a person,bar a person from employment,or discriminate against a person
in compensation or in a term,condition,or privilege of employment because of race,color,religion,creed,political ideas,
sex,age,marital status,national origin,actual or perceived sexual orientation,gender identity,physical or mental disability,
except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex
distinction.
The ENGINEER shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140,Title 2,United
States Code,and all regulations promulgated thereunder.
ENGINEER represents it is,and for the term of this Agreement will be,in compliance with the requirements of the Equal
Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). ENGINEER must report to the City any
violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for
violations occurring during the term of this Agreement.
ENGINEER shall require these nondiscrimination terms of its subcontractors providing services under this
Agreement.
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The ENGINEER shall require these nondiscrimination terms of its sub-consultants providing services under this agreement.
9.5 SUBLETTING OR ASSIGNING OF WORK
The ENGINEER shall not sublet or assign any of the work covered herein without prior written approval of the OWNER.
9.6 STANDARD OF CARE
In providing services under this agreement,the ENGINEER will perform in a manner consistent with the degree of care and
skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any service
should be found to be not in conformance with this standard,the ENGINEER shall, at the OWNER's request,re-perform
the service at its own expense. Engineer shall also, at its own expense,make such changes,modifications or additions to
the project which are made necessary as a result of the initial non-performance or the re-performance of services. The
OWNER's rights herein are in addition to any other remedies the OWNER may have under the law.
9.7 LEGAL RELATIONS:
9.7.1 The ENGINEER shall, consistent with the standard care, comply with those Federal, State, and Local
laws and ordinances applicable to the work to be done.
9.7.2 For claims, causes of action, losses, or damages (collectively, "Claims") asserted by third-parties and
arising out of the performance of professional services by the ENGINEER,the ENGINEER shall indemnify and
hold the Owner and the Owner's officers, directors, and employees harmless from such Claims, including
reasonable attorneys' fees and expenses recoverable under applicable law,but only to the extent such Claims are
caused by the negligence or intentional misconduct of the ENGINEER, its employees and its consultants in the
performance of professional services under this Agreement. The ENGINEER'S obligation to indemnify and hold
the Owner and the Owner's officers and employees harmless under this section 9.7.2 does not include a duty to
defend.
9.7.3 For Claims asserted by third-parties that do not arise out of the performance of professional services by
the ENGINEER,the ENGINEER shall,to the extent covered by the ENGINEER'S insurance,defend,indemnify,
and hold the Owner and the Owner's officers, directors, and employees harmless from such Claims, including
reasonable attorneys' fees and expenses recoverable under applicable law,but only to the extent such Claims are
caused by the negligence or intentional misconduct of the ENGINEER,its employees and its consultants.
9.7.4 In the event the OWNER is found proportionately responsible for any damages ultimately awarded to a
plaintiff or plaintiffs in any lawsuit,the ENGINEER will be responsible for only those damages,costs,or liabilities
as are attributable to the ENGINEER'S percent of fault as compared with 100% of the fault giving rise to the
damages. Should the OWNER be found responsible for negligence by its own officers, directors, agents or
employees,then in that event the OWNER agrees to reimburse the ENGINEER for the reasonable attorney's fees
and costs incurred in any defense of the OWNER in an amount proportional to the fault attributed to the OWNER.
The indemnity required herein shall not be limited by reason of the specification of any particular insurance
coverage in this Agreement.
9.7.5 Should either OWNER or ENGINEER be held responsible,for any damages,costs or liabilities resulting
from intentional misconduct by any officer,director,agent or employee in connection with the work specified in
this Agreement,then in that event,that party shall indemnify and hold harmless the other as to any damages,costs
or liabilities that result from or arise out of that intentional misconduct,including reasonable attorney's fees and
costs which shall include costs and salary of the city attorney or other in-house counsel. Further,notwithstanding
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the obligations set forth in paragraphs 9.7.2 and 9.7.3 above,the ENGINEER agrees to defend OWNER where the
OWNER'S alleged liability arises from intentional misconduct by the ENGINEER. Should the OWNER be found
responsible for intentional misconduct by its own officer, director, agent or employee, then OWNER agrees to
reimburse ENGINEER for the reasonable attorney's fees and costs incurred in any defense of the OWNER.
9.7.6 The ENGINEER shall perform this agreement as an independent contractor,and as such,is responsible
to the OWNER only as to the results to be obtained in the work herein specified,and to the extent that the work
shall be done in accordance with the terms,plans and specifications. The ENGINEER shall have and maintain
complete control over all of its employees, subcontractors, agents and operations, being responsible for any
required payroll deductions and providing required benefits, such as, but not limited to worker's compensation
with statutory limits,and unemployment insurance.
9.8 INSURANCE
The ENGINEER shall secure and furnish to the OWNER certificate of insurance, therein, naming the OWNER as an
additional insured,to include thirty(30)days notice of cancellation or non-renewal.
Without limiting any of ENGINEER's obligations hereunder, ENGINEER shall secure and maintain, until the work is
completed and accepted by the OWNER, insurance coverage naming the OWNER as additional insured with minimum
insurance coverage as follows:
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Type of Coverage Limits
Employers'Liability: $ 1,000,000.per accident
General Liability:
Bodily Injury&Property Damage
Single and combined $ 1,000,000.per accident
General Aggregate: $2,000,000.
Excess Liability Coverage(umbrella)_ $1,000,000.each occurrence
Automobile:
Bodily Injury covering all $ 1,000,000 each person
automobiles,trucks,
tractors,trailers,or $ 1,000,000 each occurrence
other automotive equip-
ment whether owned or
rented by Engineer or
owned by employees of
Engineer.
Property Damage covering $ 1,000,000 each occurrence
all automobiles,trucks,
tractors,trailers or other
automotive equipment whether
owned or rented by Engineer
or owned by employees of
Engineer
OR
Bodily Injury&Property $1,000,000 each occurrence
Damage Single and combined
In addition to the above insurance coverage, the ENGINEER shall secure and maintain,until the work is completed and
accepted by the OWNER,and without naming OWNER as an additional insured,professional errors and omissions coverage
as follows:
Professional Errors&Omissions: $ 1,000,000 per claim and
aggregate each occurrence
9.9 ENDORSEMENT
The ENGINEER shall place his endorsement on all drawings and other data furnished by him.
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9.10 OWNERSHIP OF DOCUMENTS
The parties admit and agree the documents produced under this agreement are not intended or represented to be suitable for
reuse by OWNER or any other individual on any other project. Any reuse without written verification or adaptation by
ENGINEER will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER's
independent professional associates or consultants. Files in electronic media format of text,data,graphics,or of other types
that are furnished by ENGINEER to OWNER are only for convenience of owner. Any conclusion or information obtained
or derived from such electronic files will be at the user's sole risk.
9.11 PUBLIC INFORMATION
The ENGINEER shall not issue any statements,releases or information for public dissemination without prior approval of
the OWNER.
9.12 PROPRIETARY RIGHTS
If patentable discoveries or inventions should result from work required herein,all rights accruing from such discoveries or
inventions shall be joint property of the ENGINEER and the OWNER. Provided that the OWNER,state agencies or political
subdivisions and the United States Government shall have the irrevocable,nonexclusive,nontransferable and royalty-free
license to use each invention in the manufacture,use and disposition,according to law,of any article or material,and in the
use of any method that may be developed as part of the work described and contemplated herein.
9.13 RECORDS
The ENGINEER shall maintain accounting records and other evidence pertaining to the cost incurred and to make the
records available at all reasonable times during the Contract term and for one(1)year from the date of final payment. Such
accounting records and other evidence pertaining to the cost incurred will be made available for inspections by OWNER.
9.14 SUCCESSORS IN INTEREST
The covenants, agreements and all statements in this Contract apply to and shall be binding on the heirs, personal
representatives,successors and assigns of the respective parties.
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9.15 ATTORNEY'S FEES AND COSTS
That in the event it becomes necessary for either Party of this Contract to retain an attorney to enforce any of the terms or
conditions of this Contract or to give any notice required herein,then the prevailing Party or the Party giving notice shall be
entitled to reasonable attorney's fees and costs,including fees,salary,and costs of in-house counsel to include City Attorney.
9.16 MODIFICATIONS AND AMENDMENTS
That any amendment or modification of this Contract or any provisions herein shall be made in writing or executed in the
same manner as this original document and shall after execution become a part of this Contract.
9.17 CONSENT TO ELECTRONIC SIGNATURES
The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic
Transactions Act,Title 30,Chapter 18,Part 1,MCA.
In witness Whereof,the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN,MONTANA ENGINEER
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EXHIBIT A
TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES
ENGINEER'S STATUS DURING CONSTRUCTION
This Exhibit is attached to,made a part of and incorporated by reference with the Agreement made on
between CITY OF BOZEMAN(OWNER)and (ENGINEER) providing
for professional engineering services.
ARTICLE 10-ENGINEER'S STATUS DURING CONSTRUCTION-RESERVED
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EXHIBIT B
TO AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES
A LISTING OF THE DUTIES,RESPONSIBILITIES AND
LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE.
This Exhibit is attached to,made a part of and incorporated by reference with the Agreement made on
between CITY OF BOZEMAN(OWNER)and (ENGINEER)providing
for professional engineering services.
ARTICLE 11-DUTIES,RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT
PROJECT REPRESENTATIVE-RESERVED
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Docusign Envelope ID:7000104D-OA40-439E-BD6B-F3FC1B25ED1C
EXHIBIT C
TO AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES
SCOPE AND FEE DEFINITION.
Bozeman Sourdough Water Treatment Facility Plan and South Pressure Zone Study
Phase lA—Water Treatment Facility Plan Basis of Planning
Phase 113—South Pressure Zone Study
FINAL July 22,2024
The objective of this project is to develop an updated Sourdough Water Treatment Facility Plan(SD WTFP)and an
amendment to the 2017 Water Facility Plan Update that provides a plan for establishing the South Pressure Zone(also
known as the Water Treatment Plant(WTP)Zone).The ultimate deliverable for this project will include an updated WTP
capital improvement plan(CIP)with recommended improvements over the next 20-years.
This project will be broken into two phases with Phase 1 covering the Basis of Planning of the Water Treatment Facility
Plan(Phase IA)and recommendations for establishing the South Pressure Zone(Phase 1B).Phase 2 will include the
compiled Water Treatment Facility Plan including 5-and 20-year CIP recommendations.Phasing this project allows the
City flexibility in defining future scope/tasks which are dependent on the outcome of Phase 1 as well as related but
separate planning efforts.
Phase IA:Water Treatment Facility Plan Basis of Planning
Task 1:Project Management
Deliverable:
Monthly invoices and progress reports,PM check-ins as needed with City staff
Scope:
Project management—Conduct general project management services including general coordination with City,project
invoicing,and managing project budget and schedule
Assumptions:
All deliverables will be provided in electronic format.
PM check-ins will be virtual and occur every two weeks generally lasting 1-hour Specific workshops/meetings
identified in subsequent tasks will be in-person
Project management fee covers both Phase lA and 113
Task 2:Basis of Planning
Deliverable:
Basis of Planning Technical Memorandum
Scope:
1. Water Demand Summary
a. Review updated water production data:compute total annual production,average annual demand,
maximum monthly demand,peak day demand,monthly average demand for 2014-2023
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Docusign Envelope ID:7000104D-OA40-439E-BD6B-F3FC1B25ED1C
b. Review and summarize previous water demand studies and analyses and provide recommendations
for assumptions to use for the Water Treatment Facility Plan(previous studies include:2007 Water
Facility Plan,2010 WTP Preliminary Design Report,2012 Integrated Water Resources Plan,2017
Water Facility Plan,2023 Water Conservation and Efficiency Plan,2022 Water Loss Audit analysis,
2021 Water Supply and Optimization Management Tool,pending Wastewater Collection System
Facility Plan)
c. Water Demand Projections
i. Review and summarize the growth assumptions used in previous studies
2. Water Rights and Water Supply Summary
a. Summarize the City's existing Water Rights portfolio(previously completed in 2021 WSOMT
project)
b. Summarize efforts since 2007 Facility Plan to acquire new,and optimize existing,water rights
c. Summarize existing raw water transmission conveyance capacity(verify previously computed
hydraulics from 2010 PER and 2021 WSOMT)
d. Summarize reliable yield assumptions for Hyalite and Sourdough
e. Compare supply availability to projected treatment demand,summarize gap
3. Recommended Water Treatment Plant Build-Out Capacity
a. Facilitate Basis of Planning workshop with City staff to review assumptions and recommendations
b. Revise water demand and supply analysis based on feedback from City(if needed)
c. Provide final recommendation for Treatment Plant build-out capacity
4. Basis of Planning Technical Memorandum
a. Summarize assumptions and recommendations for water demand projections and build-out capacity
in technical memorandum
Assumptions:
4%population growth will be used for demand projections
The Basis of Planning workshop will consist of two meetings with the first being approximately 2 hours and in-person
and the second being approximately 1 hour and virtual.Recommendations for assumptions and planning guidelines will
be provided by AE2S in the first session and finalized by the City in the second session
Task 3:Water Treatment Plant Hydraulics
Deliverable:
Hydraulic profiles for Sourdough and Hyalite Intakes through Sourdough Tank
Water Treatment Plant Storage Tank Technical Memorandum
Water Treatment Plant Hydraulic Profile Spreadsheet
Raw Water Transmission Hydraulic Model(new add-ons to existing InfoWater model)
Scope:
1. Develop hydraulic profile and calculations for Sourdough and Hyalite transmission,water treatment plant,
water treatment plant tank,and transmission mains to Sourdough tank.
2. Evaluate hydraulic pinch points within existing transmission system between plant and Sourdough tank
3. Evaluate redundant transmission line from WTP to Nash.Verify previously developed CIP remains the
recommended alternative.If another alternative is found to be preferred,develop cost estimate and CIP
description.
4. Verify recommendations provided previously in Bozeman Sourdough Water Transmission Main—Phases I
and II for the WTP to Nash redundant transmission and for the SD Tank Flow Control Building expansion—
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Docusign Envelope ID:7000104D-OA40-439E-BD6B-F3FC1B25ED1C
review cost estimates provided previously and refine to bring to current dollars and add necessary detail to
provide-20%to+35%accuracy(Class 4 cost estimate)
5. Provide recommendation for optimizing treatment plant and storage hydraulics and new pressure zone service
area
6. Water Treatment Plant Storage Tank Technical Memorandum summarizing analysis,alternatives,
recommendation,and cost
Assumptions:
Construction observation notes from Sourdough Transmission Pipeline Phase 1 project will be provided by the City.
Cost estimates for recommendations will be Class 5 unless noted otherwise above.All cost estimates will be present
day and future costs at recommended year of implementation for each improvement.
Task 4:Raw Water Transmission and Storage Improvements
Deliverable:
Raw Water Transmission and Storage Technical Memorandum
Storage Analysis Mass Balance Spreadsheet
Scope:
1. Evaluate overflow to Sourdough Creek
a. Summarize overflow data from 2014-2023 and size storage needed to eliminate or reduce overflow
b. Develop raw water monitoring recommendations if additional data collection is needed
2. Develop raw water storage and transmission alternatives to reduce overflow and to expand for future build-out
flows(up to 2 alternatives for storage and 2 alternatives for future transmission).Task includes conceptual
sizing and layout of alternative infrastructure as well as Class 5 cost estimates.
Assumptions:
Build-out treatment plant flow developed in Basis of Planning will be used to define raw water alternatives
Cost estimates will be Class 5 and present day and future costs at recommended year of implementation
Task 5:Risk and Resiliency Assessment
Deliverable:
AWIA Compliant Risk and Resiliency Assessment and Emergency Response Technical Memorandum
Scope:
1. Wildfire Risk Assessment
a. Facilitate workshop with WTP operators and City staff.Discuss risks of wildfire to plant
infrastructure,operations,treatment processes,recovery efforts,response efforts.Develop
framework for Wildfire Emergency Operations Plan.
2. Facility Security Risk Assessment
a. Evaluate risk of vandalism,terrorism,and environmental contamination
3. Cybersecurity and IT Risk Assessment
a. Facilitate workshop with City IT department and WTP operators to assess risks and provide
recommendations for improvements.
4. Electrical Supply Risk Assessment
a. Review previous Power Study
b. Evaluate feasibility of power generation alternatives:
c. Solar including non-export solar array paired with energy storage and Net-metered solar array.
d. Micro-hydro
5. Source Water Protection Plan
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Docusign Envelope ID:7000104D-OA40-439E-BD6B-F3FC1B25ED1C
a. Facilitate meeting with WTP operators and City staff to discuss the recommendations from the
previous Source Water Protection Plan and whether additional Plans are needed to address any
deficiencies/risks(intake freezing,cattle grazing,public education,intake access,spill response,
pathogen and herbicide assessment,PFAS,other emerging contaminants)
6. The Risk and Resiliency and Emergency Response Technical Memorandum,which will include:
a. Recommended framework for developing a Wildfire Emergency Operation Plan
b. A summary of the qualitative risk assessment
c. List of vulnerabilities and recommendations for addressing
d. Recommendations for updating current Emergency Response Plan to meet EPA AWIA requirements
e. Recommendations for updating Risk and Resiliency Assessment report to meet EPA AWIA
requirements
Assumptions:
Jacobs Engineering Group will lead the workshops and provide subject matter experts for wildfire,cybersecurity,and
micro-hydro power generation
Risk and Resiliency Assessment will use a qualitative approach
Phase 1B:South Pressure Zone Study
Task 1: South Pressure Zone Basis of Planning
Deliverable:
Planning horizon and demands summary—draft maps and tables provided under Task 1.Finalized summary of Basis of
Planning to be provided in the South Pressure Zone Technical Memorandum(Task 3)
Scope:
Summarize previous recommendations(improvements,timing,demands,population served)provided in 2017 WFPU
Facilitate Basis of Planning workshop with City staff.Discussion topics to include future scenario planning horizons
(short-,near-,and long term),performance criteria,implementation triggers,well field assumptions,and development
assumptions.
Define future timelines and fire flow demands under each scenario.
Compute demand projections using growth densities and the duty factors developed as part the previous WSOMT
project.—Compare to documented values in WFPU.
Assumptions:
City to provide guidance on likely development locations based on known development growth patterns
The Basis of Planning workshop will consist of two meetings with the first being approximately 2 hours and in-person
and the second being approximately 1 hour and virtual.Recommendations for assumptions and planning guidelines will
be provided by AE2S in the first session and finalized by the City in the second session
Task 2: Scenario Development,Modeling,and Analysis
Deliverable:
Future conditions model scenarios,class 5 cost estimates for each scenario
Scope:
1. Growth scenario demand allocation(up to 3 growth scenarios).
2. Four(4)scenarios will be developed in collaboration with City staff and may include:
• Modified West Transmission Main(as previously planned)and Goldenstein Loop
• West Transmission Main and Goldenstein Loop
• Sourdough Western Extensions
• Interim Booster Station
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Docusign Envelope ID:7000104D-OA40-439E-BD6B-F3FC1B25ED1C
3. Evaluation criteria will include:
a. Maximum and minimum pressures throughout zone,
b. Water main velocities/headloss
c. Available fire flow
d. System storage—operational and emergency storage evaluation
e. Pumping/PRV requirements
4. Sub-scenarios under each parent scenario:
a. Evaluate serving the southwest corner(generally west of 19'i'and south of Graf Street)of the
Sourdough Pressure Zone with the new South Pressure Zone.
b. Evaluate storage and distribution infrastructure changes if new southern well field is established to
supplement water supply.
Assumptions:
Existing conditions hydraulic model will be updated through the City's on-call modeling contract.The update will
include updated network consistent with the City's current GIS data and demand re-allocation.
Future well field volume and rate assumptions directed by City.
Implementation triggers developed under Task 1 to be re-evaluated and finalized with City input after future scenario
modeling is complete
Task 3:Alternative Selection and Implementation Plan
Deliverable:
South Pressure Zone Technical Memorandum amending the 2017 Water Facility Plan Update
Scope:
Select alternative,develop class 4 cost estimate,develop implementation plan,summarize analysis methods and
assumptions in technical memorandum
Assumptions:
SPZ Technical Memorandum will clearly lay out recommended Capital Improvement Projects and provide cutsheets in
City of Bozeman CIP standard format.The Technical Memorandum will clearly identify which 2017 recommendations
are obsolete or modified.
Anticipated Phase 2— Water Treatment Facility Plan
Phase 2 may include:
Task 1:WTP Build-Out Process Layout and Site Master Plan
Task 2:Pretreatment Capacity Expansion
Task 3:Waste Streams and Residuals Management
Task 3:Chemical System Optimization and Improvements
Task 4:Membrane Treatment System Upgrades
Task 5:Laboratory and Staffing Optimization
Task 6: Compile List of Capital Improvement Projects and Cost Estimates
Task 7:Treatment Facility Plan(Written plan)
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Docusign Envelope ID:7000104D-OA40-439E-BD6B-F3FC1B25ED1C
Project Schedule:
Phase I and 1B will be completed by no later than the end of 2024.
Phase 2 Water Treatment Facility Plan anticipated scoping to begin November 2024 with a project completion by July
2025.
Phase 1A and 1B Key Milestones
Phase lA
Authorization to Proceed August 1
Task 2—Basis of Planning
Basis of Planning Workshop Session#1 September 20
Basis of Planning Workshop Session#2 October 5
Basis of Planning Technical Memorandum October 20
Task 3—Water Treatment Plant Hydraulics
WTP Hydraulic Profile Spreadsheet and Schematic August 30
InfoWater Model Update(raw water and SD tank detail) August 30
Recommendations(WTP Tank,WTP hydraulic improvements,Nash redundant September 20
transmission, SD flow control building improvements)
Water Treatment Plant Storage Tank Technical Memorandum October 20
Task 4—Raw Water Transmission and Storage Improvements
Preliminary Raw Water Storage Alternatives September 5
Raw Water Transmission Alternatives based on WTP Build-Out Capacity November 1
Raw Water Transmission and Storage Technical Memorandum December 15
Task 5—Risk and Resiliency Assessment
R&R Workshop Session#1 September 9
R&R Workshop Session#2 October 3
Risk and Resiliency Technical Memorandum November 1
Phase 1B
Task 1—South Pressure Zone Basis of Planning
Basis of Planning Workshop Session#1 /Planning Recommendations September 5
Basis of Planning Workshop Session#2 September 26
Task 2—Scenario Development,Modeling,and Analysis
Finalize Growth Scenarios September 26
Finalize Infrastructure Scenarios September 26
Future Conditions Model Update October 15
Future Conditions Model Evaluation October 30'
Task 3—Alternative Selection and Implementation Plan
South Pressure Zone Technical Memorandum December 15'
"Dependent on timing of Water Model Update—currently under contract
Project schedule assumes City to provide comment on draft deliverables within 15 working days of submittal
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Docusign Envelope ID:7000104D-OA40-439E-BD6B-F3FC1B25ED1C
Fee Schedule:
Phase IA:Water Treatment Facility Plan Basis of Planning 0
Task 1:Project Management
TASK HOURS 72
TASK FEE: $16,952
Task 2:Basis of Planning
TASK HOURS 189
TASK FEE: $36,428
Task 3:WTP Hydraulic Analysis
TASK HOURS 245
ASK FEE: $48,984
Task 4:Raw Water Transmission and Storage Improvements
TASK HOURS 156
TASK FEE: $30,076
Task 5:Risk and Resiliency Assessment
TASK HOURS 188
TASK FEE: $39,000
Task 1: South Pressure Zone Basis of Planning
TASK HOURS 60
SK FEE._ $12,000
Task 2:Scenario Development,Modeling,and Analysis
TASK HOURS 212
TASK FEE: $40,444.00
Task 3:Alternative Selection and Im lementation Plan
TASK HOURS 91
TASK FEE: $17,656
Task 095:Expenses
Transportation&Misc. Supplies Allowance $ 500
� Ex enses Total: $500
ESTIMATED
TOTAL FEE: $241,908.
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Certificate Of Completion
Envelope Id:7000104DOA40439EBD6BF3FClB25EDlC Status:Completed
Subject:Complete with Docusign: PSA_Sourdough_Water_Treatment_Facility_Plan_and_S_Presure_Zone_Study_AE...
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