HomeMy WebLinkAbout25 - Professional Services Agreements - Morrison Maierle - Municipal Groundwater Supply Project Professional Services Agreement – City of Bozeman Municipal Groundwater Project Page 1 of 12
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2025, by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse
Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771,
hereinafter referred to as “City,” and Morrison-Maierle, Inc. with a mailing address of 2880 Technology Blvd West, Bozeman MT 59718, hereinafter referred to as “Engineer”. The City and Engineer may be referred to individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Engineer to perform for City professional services for the City of Bozeman Municipal Groundwater Supply Project (the “Project”).
2. Term/Effective Date: This Agreement is effective upon the date of its execution and will terminate upon satisfactory completion of the agreed Scope of Services, which may be amended from time to time by the mutual agreement of the Parties pursuant to terms of this agreement, as determined by the City.
3. Scope of Services: Engineer will perform the work and provide the services in accordance with the Scope of Services attached hereto as Exhibit A and by reference made a part of this Agreement. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. Engineer may, at its own risk, use or
rely upon design elements and information ordinarily or customarily furnished by others,
including, but not limited to Engineer’s Consultants, specialty contractors, manufacturers, suppliers, and publishers of technical standards. 4. Payment for Scope of Services: City agrees to pay Engineer for the completion of the Scope
of Services a cost not-to-exceed the amount of $455,700.
a. The actual cost amount paid shall be equal to the cumulative hours charged to the Project by each class of Engineer’s personnel multiplied by the standard hourly rates for each applicable billing class for all services performed on the Project, plus
Reimbursable Expenses (defined in Section 9 of this Agreement) and any Engineer’s
Consultant charges. Engineer’s Standard Hourly Rates and Reimbursable Expenses Schedule are attached hereto as Exhibit B and are by reference made a part of this Agreement.
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b. The standard hourly rates charged by Engineer constitute full and complete
compensation for Engineer’s services, including labor costs, overhead, and profit; the
standard hourly rates do not include Reimbursable Expenses or Engineer’s Consultant charges. c. A detailed breakdown of the cost amount for the Scope of Services, including personnel
hours directly assigned to each task and the estimated Engineer’s Consultant charges,
is attached hereto as Exhibit C and, by reference, made a part of this Agreement. d. Engineer may alter the distribution of compensation between individual tasks of the Scope of Services to be consistent with services actually rendered but shall in no case
exceed the cost not-to-exceed amount as set forth above.
5. Reimbursable Expenses: As defined in Section 9 of this Agreement, for completion of the Scope of Services and any approved Additional Services, Reimbursable Expenses shall be paid to the Engineer by the City in the actual amount of the expenses incurred per expense rates
contained in the Engineer’s Reimbursable Expenses Schedule provided in Exhibit B.
6. Engineer’s Consultants: Whenever Engineer is entitled to compensation for the charges of Engineer’s Consultants, those charges shall be the amounts billed by Engineer’s Consultants to Engineer times a factor of 1.05. This factor shall cover Engineer’s overhead and profit
associated with Engineer’s responsibility for the administration of such services and costs.
7. Additional Services: The City may request Engineer to perform any Project-related Additional Services not otherwise provided for in this Agreement. If the City requests such Additional Services, it shall so instruct the Engineer in writing, and the Engineer shall perform,
or direct Engineer’s Consultants to perform, such work necessary to complete the Additional
Services requested. The City and Engineer shall mutually agree upon a cost amount and basis of payment for any Additional Services prior to Engineer proceeding with such Additional Services.
8. Times of Payments: Engineer may submit monthly billing statements to the City. Billing
amounts shall be based on the cumulative hours charged to each task of the Scope of Services during the billing period by each class of Engineer’s employees multiplied by the standard hourly rates for each applicable billing class, plus Reimbursable Expenses and Engineer’s Consultants’ charges and any approved Additional Services rendered. The billing statements
shall include an estimated percent completion for each task at the time of billing.
9. Meaning of Terms: a. Additional Services: Additional Services means services resulting from significant
changes in the general scope, extent or character of the Project or major changes in
documentation previously accepted by the City where changes are due to causes beyond the Engineer’s control. Additional Services can also mean providing other
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services not otherwise provided for in the Agreement that are substantially similar to and generally consistent with the nature of services contained in the Scope of Services.
b. 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.
c. Reimbursable Expenses: Reimbursable Expenses mean the actual expenses incurred
by the Engineer or Engineer’s Consultants directly in connection with the Project pursuant to the expense rates contained in the Engineer’s Reimbursable Expenses Schedule provided with Exhibit B, such as expenses for: transportation and subsistence incidental thereto; toll telephone calls; specialized technology or software subscription
charges; reproduction of reports, technical memoranda, drawings, renderings and
similar Project-related items. d. Engineer’s Consultants: Engineer’s Consultants means any independent professional associates working on the Project that are not directly employed by Engineer and have
rather been hired by Engineer to serve a particular role or offer a particular service for
the Project. 10. Engineer’s Representations: To induce City to enter into this Agreement, Engineer makes the following representations:
a. Engineer has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Engineer represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill in accordance with the professional standard of care; that it has the power to enter into and perform
this Agreement and grant the rights granted in it; and that its performance of this
Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have
these services meet this warranty.
11. Independent Contractor Status/Labor Relations: The parties agree that Engineer is an independent Contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Engineer is not subject to the terms and provisions of
the City’s personnel policies handbook and may not be considered a City employee for
workers’ compensation or any other purpose. Engineer is not authorized to represent the City or otherwise bind the City in any dealings between Engineer and any third parties.
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Engineer shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act
of Montana, Title 39, Chapter 71, MCA. Engineer shall maintain workers’ compensation
coverage for all members and employees of Engineer’s business, except for those members who are exempted by law. Engineer shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time,
Engineer specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Engineer shall take shall be left to the discretion of Engineer; provided, however, that Engineer shall bear all costs of any related legal action. Engineer shall
provide immediate relief to the City so as to permit the services to continue at no additional
cost to City. Engineer shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring
in connection with any labor problems or disputes or any delays or stoppages of work
associated with such problems or disputes. 12. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Engineer agrees to release, defend, indemnify, and hold
harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and
without limit and without regard to the cause or causes thereof or the negligence of any party
or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Engineer; or (ii) any negligent, reckless, or intentional misconduct of any of the Engineer’s agents.
For the professional services rendered, to the fullest extent permitted by law, Engineer agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Engineer or Engineer’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this
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Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s).
Engineer’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Engineer to assert its right to
defense or indemnification under this Agreement or under the Engineer’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Engineer was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Engineer also waives any and all claims and recourse against the City, including the right
of contribution for loss or damage to person or property arising from, growing out of, or in any
way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder. In addition to and independent from the above, Engineer shall at Engineer’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized
to conduct insurance business in Montana which insures the liabilities and obligations
specifically assumed by the Engineer in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Engineer in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City
without limit and without regard to the cause therefore and which is acceptable to the City. Engineer shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows:
• Workers’ Compensation – statutory;
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
• Professional Liability - $7,500,000 per claim; $7,500,000 annual aggregate.
All of the policies and amounts above, except Professional Liability, shall be exclusive of defense costs. The City of Bozeman shall be endorsed as an additional or named insured on a
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primary non- contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall
include no less than a thirty (30) day notice of cancellation or non-renewal. The City must
approve all insurance coverage and endorsements prior to the Engineer commencing work. Engineer shall notify City within five (5) business days of Engineer’s receipt of notice that any required insurance coverage will be terminated or Engineer’s decision to terminate any required insurance coverage for any reason.
13. Termination for Engineer’s Fault: a. If Engineer refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement
and the Engineer’s right to proceed with all or any part of the work (“Termination Notice Due to Engineer’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 13, Engineer shall be entitled to
payment only for those services Engineer actually rendered. c. Any termination provided for by this Section 13 shall be in addition to any other remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 13, Engineer shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of
the termination.
14. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it
advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Engineer (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Engineer.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, Engineer shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all
existing orders or contracts upon terms satisfactory to the City. Engineer shall do only
such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress.
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c. In the event of a termination pursuant to this Section 14, Engineer is entitled to payment only for those services Engineer actually rendered on or before the receipt of the Notice
of Termination for City’s Convenience.
d. The compensation described in Section 14.c is the sole compensation due to Engineer for its performance of this Agreement. Engineer shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity,
lost productivity, field office overhead, general conditions costs, or lost profits damages
of any nature arising, or claimed to have arisen, as a result of the termination. 15. Limitation on Engineer’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Engineer under this Agreement, Engineer’s
damages shall be limited to contract damages and Engineer hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind.
b. In the event Engineer wants to assert a claim for damages of any kind or nature, Engineer shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the Engineer becoming aware of the facts and
circumstances giving rise to the claim. In the event Engineer fails to provide such
notice, Engineer shall waive all rights to assert such claim. 16. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this Agreement
shall be Brian Heaston, P.E. or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such
Representative; provided, however, that in exigent circumstances when City’s
Representative is not available, Engineer may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons.
b. Engineer’s Representative: The Engineer’s Representative for the purpose of this
Agreement shall be Neal Patrick Eller or such other individual as Engineer shall designate in writing. Whenever direction to or communication with Engineer is required by this Agreement, such direction or communication shall be directed to Engineer’s Representative; provided, however, that in exigent circumstances when
Engineer’s Representative is not available, City may direct its direction or
communication to other designated Engineer personnel or agents.
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c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal
business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid.
17. Permits: Engineer shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith.
18. Laws and Regulations: Engineer shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City,
County, and State building and electrical codes, the Americans with Disabilities Act, and all non- discrimination, affirmative action, and utilization of minority and small business statutes and regulations.
19. Nondiscrimination and Equal Pay: 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 Engineer 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 any of Engineer’s Consultants
providing services under this Agreement.
20. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Engineer shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
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by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Engineer acknowledges
it is aware of and shall comply with its responsibilities and obligations under the U.S.
Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Engineer shall be obligated to furnish such proof.
The Engineer shall be responsible for instructing and training the Engineer's employees
and agents in proper and specified work methods and procedures. The Engineer shall provide continuous inspection and supervision of the work performed. The Engineer is responsible for instructing its employees and agents in safe work practices.
21. Modification and Assignability: This Agreement may not be enlarged, modified, amended
or altered except by written agreement signed by both Parties hereto. Engineer may not subcontract or assign Engineer’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any of Engineer’s Consultants or assignees will be bound by all of the terms and conditions of this Agreement.
22. Reports/Accountability/Public Information: Engineer agrees to develop and/or provide documentation as requested by the City demonstrating Engineer’s compliance with the requirements of this Agreement. Engineer shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying
that the reimbursement of monies distributed to Engineer pursuant to this Agreement was used
in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Engineer shall not issue any statements, releases or information for public dissemination without prior approval of the City.
23. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms
or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach.
24. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an
attorney to enforce any of the terms or conditions of this Agreement 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 including the City Attorney’s Office staff.
25. Taxes: Engineer is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 26. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual
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agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions.
b. If the Parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
27. Survival: Engineer’s indemnification shall survive the termination or expiration of this
Agreement for the maximum period allowed under applicable law. 28. Headings: The headings used in this Agreement are for convenience only and are not to be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs
to which they refer.
29. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect.
30. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws
of the State of Montana. 31. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties.
32. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party.
33. Counterparts: This Agreement may be executed in counterparts, which together constitute
one instrument. 34. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by
reference, are not binding upon the Parties. There are no understandings between the Parties
other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference.
35. Standard of Care: In providing services under this Agreement, 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 City’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 City’s rights herein are in addition to any other remedies the City may have under the law.
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36. Ownership of Work Product: All of Engineer’s work products produced under this Agreement, including but not limited to Engineer’s Consultants’ work products, electronic
geohydrology modeling files, and electronic geospatial files, shall become the property of the
City. Future use, reuse, alteration, or modification of the work products by the Engineer or Engineer’s Consultants are only permissible with the prior written consent of the City. The grant or denial of such consent shall be at the City’s sole discretion. Any independent use, reuse, alteration, or modification of the work product by the City beyond the anticipated use
of the work product set forth in the Scope of Services, will be at the City’s sole risk and without
liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and Engineer’s Consultants. 37. 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. **** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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In witness whereof, the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN, MONTANA ENGINEER
BY: BY: Chuck Winn, Interim City Manager
Print Name: _________________________
Print Title: __________________________ DATE: DATE:
ATTEST:
BY: Mike Maas, City Clerk
APPROVED AS TO FORM:
BY:
Greg Sullivan, City Attorney
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2/5/2025
Vice President
Travis Eickman
2/6/2025
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Exhibit A City of Bozeman Municipal GW Project – Planning, Preliminary Design Scope of Work PROJECT DESCRIPTION: The intent of this project is to develop public water supply (PWS) production wells for the City of Bozeman (COB), including permitting through both the Department of Environmental Quality (DEQ), and the Department of Natural Resources and Conservation (DNRC). The scope of work is for Phase I investigation which includes groundwater development planning, groundwater modeling, DNRC permit evaluation, mitigation option evaluation, test well program development, preliminary well design and conceptual infrastructure design.
A future scope will include test well drilling and testing oversight, permitting through DNRC and DEQ, design of production wells, mitigation infrastructure, well houses, treatment systems, and construction related tasks.
The level of effort in the budget is based on what is estimated to be a reasonable level of effort to
identify sites that will likely yield significant quantities of groundwater and explore mitigation strategies that are likely acceptable to the DNRC. It is not intended to be an exhaustive level of effort, and the end product will be based on the estimated budget per task.
The general scope of work in Phase I includes the following:
• Hydrogeologic evaluation
• Groundwater modeling
• Mitigation evaluation
• Prepare test well drilling plan to identify potential yields of target areas. SCOPE OF WORK: PHASE 1 – PLANNING AND TEST WELL DEVELOPMENT
101 – PROJECT MANAGEMENT AND GUIDANCE Project Status Meetings: This task will include routine project status meetings with COB staff estimated to be on a bi-monthly basis. Project Management and Guidance: This task provide project management throughout Phase 1, focused on delivering a quality product within the specified schedule. The task
includes internal staff management, coordination with and management of subconsultants, and coordination with the COB. Monthly invoices for services rendered will be prepared along with an accompanying progress report.
102 – HYDROGEOLOGIC EVALUATION – VALLEY WIDE This task includes a valley wide hydrogeologic evaluation to determine potential sites for new test wells and potential production wells. This will include the following:
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Exhibit A - City of Bozeman Municipal GW Project - Scope of Work
• Acquisition and evaluation of local valley hydrogeology, existing well construction, existing literature, available aquifer testing information and interview of local drilling firms. Valley wide is specific to valley fill alluvial deposits, but generally will be bounded by the Gallatin Mountain range front in the south, the West Gallatin river to the west, the East Gallatin river to the north and Bozeman/Sourdough creek to the east. The model boundaries are set to provide improved model performance. The outer boundaries will be more general in nature, whereas areas within Bozeman will be modeled in greater
detail.
• Aquifer test analysis from existing well information
• Acquire surface water flow data from existing published sources. Discrete physical measurements may be utilized in areas without historical records or for verification
purposes. Assume four field measurements.
• Groundwater model evaluation and improvement to include evaluation of the existing
Newfield’s model, evaluation of the existing WET model and preparation of a working
model to evaluate pumping and mitigation scenarios at the Sports Park Complex and
other potential wellfield sites.
• Site investigation of potential well sites including City and other government owned properties. Identify private parcels that may be feasible for groundwater development. • Site analysis for potential contaminate sources as normally completed during the Source Water Delineation and Assessment Report.
• Develop WebApp for dissemination of spatial data between City, Morrison-Maierle and WET. 103 – HYDROGEOLOGIC EVALUATION – SPORTS PARK WELL
• Evaluation of Sports Park Well existing drilling and testing information.
• Wellfield feasibility analysis • Infrastructure feasibility, conceptual design, and cost analysis at the Sports Park Complex 104 – HYDROGEOLOGIC EVALUATION – SELECTED LOCATIONS
• Evaluation of selected locations existing drilling and testing information
• Wellfield feasibility analysis
• Evaluation of conceptual mitigation plans and mitigation infrastructure
• Infrastructure feasibility, conceptual design, and cost analysis
• Each scenario will be evaluated using the Alluvial Water Accounting System Model
(AWAS) used by the DNRC Hydro sciences section.
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Exhibit A - City of Bozeman Municipal GW Project - Scope of Work
• Refinement of groundwater model to focus on specific areas identified.
105 – MITIGATION STRATEGY AND ANALYSIS
• Evaluation of conceptual mitigation plans and mitigation infrastructure including Aquifer Storage and Recovery
• Mitigation evaluation at Sports Park
• Mitigation evaluation at Selected Sites
• Alluvial Water Accounting System AWAS evaluation
• DNRC Meetings 106 – Outside Consultant Coordination
• Coordination with outside consultant/engineering Companies under separate contract by the City
• Coordination may include coordination on water right analysis, outside consultant review or effort of direct result of this investigation, and discussion of analysis.
107 – PROJECT RANKING
• Provide a ranking of each selected site, including the Sports Park Well
• Ranking will include well yield potential, permitting potential, infrastructure cost.
• Use ranking table to identify permitting and/or test well drilling locations along with a workshop with City staff and Legal counsel.
108 –TEST WELL DRILLING RECOMMENDATION & PROGRAM
• Develop a test well drilling program on selected sites.
• Prepare a cost estimate for the test well drilling program.
• Prepare bid documents for test well drilling.
• Pre-bid meeting and opening Phase 1 Deliverable Documents:
• Technical Memorandums including:
o Valley Wide Groundwater Evaluation
o Sports Park Well Investigation
o Selected Sites Investigation
Docusign Envelope ID: DC52F58F-BCC5-4592-84C4-C116845BF2B5
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Exhibit A - City of Bozeman Municipal GW Project - Scope of Work
o Mitigation Analysis and Findings Report
o Groundwater Model and Report – Provided by Water & Environmental Technologies
(WET)
o Overall Findings and Recommendations Report
o Ranking Report
o Bid documents for a test well program.
Furnish 2 paper review copies and 1 digital (PDF) copy of the deliverable documents to COB. Revise documents in response to COB’s comments, as appropriate and implement changes into final documents for submission to COB. Up to 5 paper copies of final documents will be provided to the COB along with 1 digital (PDF) copy.
COB Engineering Responsibilities:
1. Provide Morrison-Maierle with test reports, well specifications, etc. as requested.
2. Assist Morrison-Maierle with investigating government properties for potential test well and production well development.
3. Provide Morrison-Maierle access to the City’s water rights attorney during the project. Input form the City’s water right attorney during the process is vital to ensure the process is tracking correctly.
4. Pay any agency review fees.
5. Negotiate property and easement purchases. 6. Provide Morrison-Maierle relevant information from the on-going Integrated Water Resource Planning.
7. Attend workshops for well field locations, water rights discussions and design milestones. Assumptions and Tasks Not Included in the Scope of Services:
1. Morrison-Maierle will receive all direction regarding project execution, direction, and related design information from the COB Engineering Department conforming to the scope of work described herein.
2. Morrison-Maierle will utilize the 2024 Draft City of Bozeman Design and Constructions Standards.
3. Morrison-Maierle will not provide boundary survey or easement filing services. These services can be added if needed.
4. Environmental permitting services not required (Joint Application/Wetland Delineations)
5. Water right attorney right retainage by COB is assumed.
Docusign Envelope ID: DC52F58F-BCC5-4592-84C4-C116845BF2B5
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Exhibit A - City of Bozeman Municipal GW Project - Scope of Work
6. DEQ and DNRC Permitting will be completed under a separate phase.
Docusign Envelope ID: DC52F58F-BCC5-4592-84C4-C116845BF2B5
Standard Rate Schedule
Effective Thru
June 30, 2025
Standard Rate Overtime Rate
Engineer Supervising Engineer V $305.00 $305.00
Supervising Engineer IV $297.00 $297.00
Supervising Engineer III $267.00 $267.00
Supervising Engineer II $257.00 $257.00
Supervising Engineer I $242.00 $242.00
Senior Engineer II $225.00 $225.00
Senior Engineer I $203.00 $203.00
Design Engineer II $194.00 $194.00
Design Engineer I $174.00 $174.00
Engineer Intern II $143.00 $143.00
Engineer Intern I $128.00 $128.00
Planner Supervising Senior Planner $236.00 $236.00
Senior Planner $208.00 $208.00
Planner III $159.00 $159.00
Planner II $145.00 $145.00
Planner I $127.00 $127.00
Scientist Environmental Scientist III $193.00 $193.00
Environmental Scientist II $146.00 $146.00
Environmental Scientist I $126.00 $126.00
Senior Geologist $233.00 $233.00
Geologist III $208.00 $208.00
Geologist II $169.00 $169.00
Geologist I $144.00 $144.00
Designer and Technician Senior Communications Designer $250.00 $250.00
Communications Designer $129.00 $129.00
CAD Designer III $175.00 $175.00
CAD Designer II $149.00 $149.00
CAD Designer I $136.00 $203.00
CAD Tech III $133.00 $199.00
CAD Tech II $115.00 $173.00
CAD Tech I $102.00 $153.00
Senior Engineering Designer $190.00 $190.00
Engineering Designer $130.00 $130.00
Resident Project Representative Senior Resident Project Representative $192.00 $192.00
Resident Project Representative IV $185.00 $185.00
Resident Project Representative III $173.00 $173.00
Resident Project Representative II $146.00 $218.00
Resident Project Representative I $131.00 $197.00
Administrative Administrative Manager $132.00 $132.00
Administrative Coordinator III $122.00 $122.00
Administrative Coordinator II $116.00 $173.00
Administrative Coordinator I $94.00 $140.00
Project Coordinator III $118.00 $118.00
Project Coordinator II $106.00 $159.00
Project Coordinator I $96.00 $144.00
Technical Intern $88.00 $133.00
Survey Senior Survey Manager $238.00 $238.00
Survey Manager $183.00 $183.00
Land Surveyor IV $177.00 $177.00
Land Surveyor III $171.00 $171.00
Land Surveyor II $151.00 $151.00
Land Surveyor I $121.00 $121.00
Remote Sensing Specialist II $155.00 $155.00
Remote Sensing Specialist I $145.00 $145.00
Survey Technician IV $133.00 $133.00
Survey Technician III $117.00 $176.00
Survey Technician II $103.00 $154.00
Survey Technician I $87.00 $131.00
Expert Witness Recommended rate for expert witness services (depositions and/or time in court) is charged at an hourly rate of 150‐200% of the
standard billing rate.
Docusign Envelope ID: DC52F58F-BCC5-4592-84C4-C116845BF2B5
Supervising Engineer S. Design Engineer Geologist III Geologist I ARC/CAD/Survey
Project Management 250.00$ 215.00$ 202.00$ 142.00$ 142.00$ WET HRS MMI Total hours per taskProject Status Meetings 8 8 40 16 8 72Project Management and Guidance 8 24 24 8 56
16 8 64 40 16 1284,000.00$ 1,720.00$ 12,928.00$ 5,680.00$ 24,328.00$
GW Evaluation Valley WideAquistion and evaluation of local valley hydrogeology, existing wells, existing literature, available aquifer testing information and interview of local drilling firms 80 120 80 200Aquifer test analysis from existing well information 40 60 100Surface water data aquisiton - Flow Measurement/Seepage analysis - Data aquistion from existing sources and discrete measurements where necessary 10 40 80 50
Groundwater model - Evaluate models and prepare new model 20 380 20Site investigation of potential well sites including City and other government owned properties. Identify private parcels that may be feasible for groundwater development 8 24 20 40 .92Site analysis for potential contaminate sources as normally completed during the Source Water Delineation and Assessment Report 8 16 24
ARCGIS OnLine Web App 40 10 50
8 32 190 296 10 540 536
2,000.00$ 6,880.00$ 38,380.00$ 42,032.00$ 1,420.00$ 90,712.00$
GW Evaluation Sports ParkEvaluation of Sports Park Well existing drilling and testing information 24 16 40Wellfield feasibility analysis 16 24 40
Infrastructure feasibility, preliminary design and cost analysis at the Sports Park Complex 8 16 8 4 36
8 16 24 40 4 92
2,000.00$ 3,440.00$ 4,848.00$ 5,680.00$ 568.00$ 16,536.00$
GW Evaluation - Selected SitesSite evaluation of selected locations 8 8 20 36
Wellfield feasibility analysis 20 20 20 40
Evaluation of conceptual mitigation plans and mitigation infrastructure 30 16 16Infrastructure feasibility, preliminary design and cost analysis 8 16 20 20 64AWAS modeling of spelected sites 8 20
Refinement of groundwater model to focus on specific areas identified 60 120 60
16 46 132 76 20 140 430
4,000.00$ 9,890.00$ 26,664.00$ 10,792.00$ 2,840.00$ 54,186.00$
Mitigation Strategy and AnalysisEvaluation of conceptual mitigation plans and mitigation infrastructure including Aquifer Storage and Recovery 8 40 80 60 20 208
Mitigation evaluation at Sports Park 8 8 40 40 50 96
Mitigation evaluation at Selected Sites 8 8 40 40 120 96Alluvial Water Accounting System (AWAS) evaluation 8 4 12DNRC Meetings 4 16 16 20 36
28 56 184 160 20 190 4487,000.00$ 12,040.00$ 37,168.00$ 22,720.00$ 2,840.00$ 81,768.00$
Consultant Coordination
Provide a ranking of each selected site, including the Sports Park WellRanking will include well yield potential, permitting potential, infrastructure cost. 8 20 20 20 0 68Use ranking table to identify permitting and/or test well drilling locations along with a workshop with City staff and Legal counsel. 2,000.00$ 4,300.00$ 4,040.00$ 2,840.00$ -$ 13,180.00$
Project RankingProvide a ranking of each selected site, including the Sports Park WellRanking will include well yield potential, permitting potential, infrastructure cost. 8 20 20 20 0 68
Use ranking table to identify permitting and/or test well drilling locations along with a workshop with City staff and Legal counsel. 2,000.00$ 4,300.00$ 4,040.00$ 2,840.00$ -$ 13,180.00$
Test Well Drilling Recommendation & ProgramDevelop a test well drilling program on selected sites 8 8 12 20 48
Cost estimate for test well drilling program 4 4 4 12
Prepare bid documents for test well drilling 8 8 20 10 46Pre-bid meeting and opening 8 4 118
8 28 28 44 10 118
2,000.00$ 6,020.00$ 5,656.00$ 6,248.00$ 1,420.00$ 21,344.00$
Total Cost 25,000.00$ 48,590.00$ 133,724.00$ 98,832.00$ 9,088.00$ 315,234.00$
MMI 315,234.00$
WET (Subconsultant)140,475.30
455,709.30$
Subconsultant includes average labor rate at $151/hour X 1.05 Administrative markup factor X total hours
Docusign Envelope ID: DC52F58F-BCC5-4592-84C4-C116845BF2B5