HomeMy WebLinkAboutBozeman Comprehensive Development Review Fee Study, Engineering West City of Bozeman
Comprehensive Development Review Fee Study
1
.�'••.. 1883 .•�''�
r CO. °
Prepared By
ENGINEERING WEST
LAND WATER • SEWER
P.O. BOX 194 COLUMBUS, MT 59019
ENGINEER ING -WEST. COM • 406 . 322 .1116
August 2014
ENGINEERING WEST
TABLE OF CONTENTS
COVERLETTER...........................................................................................2
PROJECTSUMMARY....................................................................................4
COMPANY DESCRIPTION/CAPABILITY
Historyof Firm.....................................................................................5
Firm Experience and Capacity................................................................5
PROJECTTEAM.......................................................................... . .7
. ..............
REFERENCES............................................................. ...... .8
...... ...................
COST
Fee.....................................................................................................9
PaymentSchedule................................................................................9
OUTLINE OF SERVICES................................................................................10
City of Bozernan
Comprehensive Development Review Fee Study Proposal
ENGINEERING WEST
LAND • WATER • SEWER
August 27,2014
Stacy Ulmen
City Clerk
City of Bozeman
P. O. Box 1230
Bozeman,MT 59771
Re: City of Bozeman Comprehensive Development Review Fee Study Proposal
Dear Ms. Ulmen:
Engineering West is pleased to submit the enclosed proposal in response to the above referenced
solicitation for a Comprehensive Review Fee Study. Headquartered in Columbus,Engineering West is a
family-owned business that has been providing a wide array of services for clients throughout Montana
since 1999,
As you review our qualifications,please consider the following reasons which make our team the ideal
choice to assist the City of Bozeman with your projects.
1. Local Government Experience
Engineering West has a long history interacting with local governments. Our staff has
experience working for and with local governments, and a large amount of our work involves
interacting with local public works,health, and planning departments.
2. Staff Capabilities to Meet Any Challenge
Our team provides the City of Bozeman with a broad base of personnel resources.
Engineering West provides a solid background local government administration. Given our
teams' location and history in Montana we understand the opportunities and challenges of
working in Bozeman. Because Engineering West is a family-owned small business,born and
raised in Montana, we understand how to deliver a project on time and within budget.
3. Commitment to your Project's Success
The Engineering West team believes that we are in partnership with our clients to produce a
successful project, not just provide a prescribed set of services. That means we will be
constantly alert to proactively identify problems and barriers, look for improvements in
process and solutions, and to have your best interests in mind at all times.
We are excited about the opportunity to work with the City of Bozeman and look forward to
further discussing our team's qualifications with you,
POST OFFICE BOX 194 • COLUMBUS, MONTANA 59019
ENGINEERING-WEST.COM • 406 322.1116 office • 406 322 1116 fax
Sincerely,
En ' ering est
Travis West,PE/RS
POST OFFICE BOX 194 - COLUMBUS, MONTANA 59019
ENGINEERING-WEST COM • 406,322 1116 office • 406 322 1116 fax
ENGINEERING WEST
PROJECT SUMMARY
The main purpose of this project is to review and evaluate the City of Bozeman's review fee
schedule. This will include a calculation of how much cost is recovered in various fees and a
justification and recommendation of any fee schedule changes. Finally, this project will
implement the revised fee schedule, per the approval of the Bozeman City Commission.
The goals of this project are two-fold. The first goal is to review the existing fees the City of
Bozeman is charging and to compare those fees with the cost of providing the services for
which those fees are charged. This will allow a comparison of service costs to recovery of
those costs.
The second goal is to determine a recommended new fee structure to better reflect the cost of
the service being provided. This includes creating/recommending a formula for calculating
fees, which will allow those fees to be adjusted by City staff on a yearly basis to ensure that
the fees charged continue to reflect the cost of providing services.
Implementation of these goals will be done through collaboration with the City Commission,
which has ultimate authority over City government functions; the City Manager, who has
authority to administer the day-to-day operations of the City; and City employees, who have to
face-to-face interaction with the users of City services and who are most likely to charge the
fees and need to explain them to the public.
Engineering West is uniquely qualified to meet the goals of this project and see it through to
implementation. Our firm's experience working for and with local governments has given us
hand-on experience working with fee schedules. Our team members have much experience
evaluating fee schedules, as well as adjusting and implementing new fees to better reflect
services provided.
City of Bozeman
Comprehensive Development Review Fee Study Proposal
ENGINEERING WEST
COMPANY DESCRIPTION/CAPABILITY
History of Firm
Engineering West was founded in 1999 by Travis and Donna West. We are a woman-owned
business providing innovative solutions for planning projects throughout Montana, including
many government projects, at the local, state, and federal levels. Since 1999, Engineering
West has been involved in projects that have dealt with all aspects of community development,
including local planning review, local sanitation review, and the Montana Department of
Environmental Quality review, and have had interactions with local governments across the
State of Montana. Travis West— PE/RS, Donna West— Owner, Shari Manley— Office
Manager, Scott Maurer—Engineering Technician, Jeremy Eaton — EIT, Forrest Mandeville —
Planner, Christy Foster—AutoCADD Technician, have combined their strengths to create an
unbeatable force in the field of land development in Montana.
Engineering West has completed several projects that demonstrate our ability to meet the
needs of our government clients. For example, our work with the Montana Department of
Transportation (MDT) indicates Engineering West's fitness to work for state agencies on a
project which included site evaluation and field work for a septic system replacement
necessitated by an MDT road widening project outside of Lewistown. Also, our work on a
public recreation project at Granite Peak Park in Columbus establishes Engineering West's
ability to work with multiple entities, such as the Columbus Schools, Town of Columbus,
Granite Peak Park Steering Committee, Friends of the Library, and user groups. Our work on
the Fort Peck Cabin Sites evidences Engineering West's capacity to complete a large scale
Federal project that included design of replacement of on-site wastewater treatment systems,
soil collection and analysis, soil percolation testing, non-degradation calculations, storm water
drainage reports, and Montana DEQ Subdivision Application packets. Furthermore,
Engineering West's work with Wibaux County on water and sewer main extensions for which
we provided design, management, and inspections services, demonstrates our ability to work
with public officials on a multi-faceted project. Finally, our experience on the Amended Plat
Tract One North Anderson Minor Subdivision in Glendive shows our ability to see a project
through from the initial design stage to final plat and construction.
Engineering West recently completed a new office building in our hometown of Columbus. By
keeping our headquarters in Columbus we have remained true to our small town roots and
committed to the Montana values of providing our clients with quality service at a low cost. We
take pride in developing quality relationships with our clients and working hard to provide the
results our clients desire.
Firm Experience and Capacity
Engineering West is located in Columbus, Montana, and our staff is available to provide
services to the City of Bozeman for a Comprehensive Development Review Fee Study, as
stated in the Request for Proposal. You can discover more about us at www.enclineering-
west.com.
City of Bozeman
Comprehensive Development Review Fee Study Proposal
ENGINEERING WEST
Engineering West and its staff has over 50 years of experience in working with municipal
governments, including many in Montana. For the last several years our firm has averaged 75
projects per year that have required us to interact with and engage in local governments. In
the past year, Engineering West has performed work in the City of Glendive, and the Town of
Columbus, and for Wibaux County and the Montana Department of Transportation. Over the
past 15 years Engineering West has worked with numerous local governments for the design
and permitting of local subdivision applications including site designs, storm water drainage
plans, and feasibility plans for budgetary consideration. We have included examples of
several of the projects we have worked on that are relevant to this proposal.
Furthermore, our staff's experience working in local government has given us an
understanding of review fee structure. We know how to evaluate and justify fees in relation to
the services being provided.
Our firm's elasticity and nimbleness allow us to meet our client's needs quickly, effectively, and
efficiently. We are very excited about the opportunity to provide our services to the City of
Bozeman because our values are reflected in the culture and principles of the region. We see
the potential for a great working relationship with the City and are committed to providing
excellent service. This project for the City of Bozeman will be considered a high priority to our
Montana homegrown firm.
City of Bozeman
Comprehensive Development Review Fee Study Proposal
ENGINEERING WEST
PROJECT TEAM
Resumes and relevant experience of key individuals listed below that are assigned to your
project are included in this submittal.
Travis West, PE/RS, has over 17 years of experience working for and with county local
governments through Montana. This includes working as a county sanitarian for Valley and
Stillwater County, Valley County Planner, training workshops for local governments regarding
on-site wastewater treatment system designs, permitting, and installation standards. As the
owner of Engineering West he has been intricately involved in the projects that are listed in this
proposal.
Donna West is the owner of Engineering West. As our accounts manager, she is in charge of
billing and receipt of payments. Donna also handles scheduling and contracts. As such, she
is familiar with all of our projects and makes sure they stay on schedule.
Shari Manley, as our office manager, provides much of our behind-the-scenes support. She
is often the first point of contact for new clients and, as a result, is familiar with all the projects
that come through our door. Shari also handles a lot of our internal paperwork and
administrative duties.
Forrest Mandeville has nearly seven years of experience in land use planning in Montana,
spending most of that time in the Stillwater County Planning Office where he took on
progressively more responsibility, culminating in his heading the department. As part of his
duties in the planning office, Forrest provided technical assistance to the City-County Planning
Board, the County Planning Board, and the Airport Board, and served as the Stillwater County
CTEP program administrator. Forrest has an extensive working knowledge of the Montana
Subdivision and Platting Act, and has experience writing subdivision regulations, growth
policies, and trail plans.
City of Bozeman
Comprehensive Development Review Fee Study Proposal
A
ENGINEERING WEST
L
REFERENCES
To document our experience on similar projects, we have included several references of prior
work. We have also included additional information on these projects in the "Example Projects
which best illustrate our team's qualifications" included in this Solicitation.
1. Montana Department of Transportation
C. B. Clearwood
406-657-0263
2. Granite Peak Park
Jeff Limburg
406-321-0840
3. Fort Peck Lake Cabin Sites
US Army Corps of Engineers
Julie Price
402-995-2706
4. Wibaux County
Wibaux County Commissioners
Sandy Nelson
406-796-2481
5. Amended Plat Tract One North Anderson Minor Subdivision
David Hill
406-989-0608
City of Bozeman
Comprehensive Development Review Fee Study Proposal
ENGINEERING WEST
COST
Fixed Fee and Payment Schedule
The fee for this project shall not exceed $23,000. This includes all associated fees, such as
travel, printing, and attendance at meetings.
Fees will be invoiced monthly for work completed.
Project Schedule and Budget
Work on this project will commence on September 301h of this year. Completion of evaluation
of current City fees are Due October 31. The cost for this portion of the project will be
approximately $12,500.
Final recommendations are due to the City Commission for approval on November 17.
Engineering West will also provide on-site trailing to employees of the City of Bozeman on
evaluating and updating fees in future years. The cost for this portion of the project will be
approximately $10,500
Project Budget
Labor Rates
Team Member Role on Project Rate Total Hours Total Cost
Travis West Lead PE; Quality $128/hour 8 $1,024
Assurance and
Control
Donna West Scheduling and $75/hour 8 $600
Account
Management
Forrest Mandeville Planner; Head $80/hour 150 $12,000
Researcher
Shari Manly Clerical $60/hour 20 $1,200
Associated Costs
-Printing $1,000
Travel $790/trip to 9 trips to $7,110
Bozeman Bozeman
(includes mileage
and hourly rate
TOTAL BUDGET J $22,934
City of Bozeman
Comprehensive Development Review Fee Study Proposal
ENGINEERING WEST
OUTLINE OF SERVICES
Engineering West will provide services to the City of Bozeman as specified and outlined in the Scope
of Work section of the RFP. Once a contract has been awarded for this project, Engineering West
will enter into a Professional Services Agreement with the City of Bozeman (attached). Services
provided will include conducting a study of current fees charged by the City for the provision of
services and identifying the reasonableness of the fees. Engineering West will also provide a
recommendation of necessary fee changes and provide a method for calculating fee increases in
subsequent years.
As outlined in the RFP, Engineering West will begin work on the project once the Bozeman City
Commission awards the contract. Work is scheduled to begin on Tuesday, September 30, 2014.
Engineering West will provide a completed evaluation of current fees by Friday, October 31, 2014 and
a final presentation including recommendations for fee changes on Monday, November 17, 2014.
Engineering West will work closely with the Bozeman City Manager and City employees during the
project. We will begin by conducting sit-down interviews with representatives of City departments to
determine current fees and cost recovery. After the project has been completed, Engineering West
will provide on-site training to instruct employees on how to evaluate and adjust fees in future years.
In sum, Engineering West is committed to ensuring this project is completed thoroughly, on schedule,
and within the project budget.
THANK YOU FOR YOUR TIME IN REVIEW OF OUR QUALIFICATIONS
City of Bozeman
Comprehensive Development Review Fee Study Proposal
RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT
NAME ROLE IN THIS CONTRACT YEARS EXPERIENCE
Travis West, P.E., RS Principal in Charge a.TOTAL Fb.WITH CURRENT FIRM
Senior Engineer 17 15
FIRM NAME AND LOCATION(City and State)
Engineering West
Columbus, MT 59019
EDUCATION(DEGREE AND SPECIALIZATION CURRENT PROFESSIONAL REGISTRATION(STATE AND DISCIPLINE)
Bachelor Degree in Professional Biology(Pre-Med) Montana Professional Engineer No.29028
Previously Certified MT DELI Subdivision Reviewer Montana Registered Sanitarian No.449
OTHER PROFESSIONAL QUALIFICATIONS(Publications,Organizations,Training,Awards,etc.)
Train ing/Certifications: Certified MT DEQ Subdivision Review Specialist(past);Valley County Planner(past);MSU-Extension Soil
Classification Course;Montana DEQ Non-Degradation Training
Presentations: Stillwater,Carbon,Sweet Grass&Toole County On-Site Wastewater Treatment System Licensed Installers Course
(Design&Installation Training), Local Realtors Training in Subdivision Rules& Regulations,Guest Speaker at an Appraisers Conference.
Organizations: Member of the American Society of Civil Engineers, Montana Society of Engineers, Billings Engineers Club, Montana
Environmental Health Board of Directors(past),Montana Environmental Health Past President, Montana Environmental Health
Foundation Board of Directors(past), Member of the National Environmental Health Association, Current Member of the Montana
Department of Environmental Quality Subdivision Rule-Making Task Force Committee.
PROJECTSRELEVANT
1)TrrLE AND LOCATION(City and State) 2 YEAR COMPLETED
North Anderson Minor Subdivision ROFESSIONAL SERVICES rONSTRUCTION(itapplicable)
a. Glendive Montana r 2013-2014 2014
3)BRIEF DESCRIPTION(Brietscope,size,cost,etc.)AND SPECIFIC ROLE Check if project performed with current firm
Supervised and provided technical support as lead engineer for three-lot subdivision, including preparing DEQ documents
for review, and designing and engineering water main inspection and storm water drainage plan.
1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED
Wibaux County Water&Sewer Main Extension PROFESSIONAL SERVICES PONSTRUCTION(Ilapplicable)
b. Wibaux, Montana 2013-2014 1 2014
(3)BRIEF DESCRIPTION(8rietscope,size,cost,etc.)AND SPECIFIC ROLE Check if project performed with current firm
Designed and engineered water and sewer main extensions, as well as provided supervision to ensure compliance with
fans and permits
1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED
Park City Sewer Main Extension (Chris D'Anna) PROFESSIONAL SERVICES ONSTRUCTION(It applicable)
C. Park City, Montana 2013-2014 2014
3)BRIEF DESCRIPTION(Brietscope,size,cost,etc.)AND SPECIFIC ROLE Check if project performed with current firm
Provided topographical survey, engineering and design of sewer main extension, as well as on site construction
management and sewer line inspection.
(1)TITLE AND LOCATION(City and State) 2 YEAR COMPLETED
Oregon Lane Road,Water,Sewer, &Storm Drain Extension PROFESSIONAL SERVICES CONSTRUCTION(Itapplicable)
d (Yellowstone Industrial Park) 2011-2012 2012
Glendive, Montana
(3)BRIEF DESCRIPTION(Briefscope,size,cost,etc.)AND SPECIFIC ROLE Check if project performed with current firth
Designed, engineered, and provided planning services for industrial subdivision that included a water line extension of
nearly 1000 feet.
1)TITLE AND LOCATION(City and State) 2)YEAR COMPLETED
Granite Peak Park Grading& Drainage Plan PROFESSIONAL SERVICES fONSTRUCTION(ltapplicable)
Columbus, Montana 2014 N/A
e.
3)BRIEF DESCRIPTION(Brie scope,size,cost,eta)AND SPECIFIC ROLE Check if project performed with current firm
Provided property and topographical surveying, grading and drainage site planning,and construction staking for two
additional baseball/softball fields.
RESUMES OF-KEY PERSONNEL RROPOSED •' THIS,CONTRACT
NAME OLIE IN THIS CONTRACT YEARS EXPERIENCE
TOTAL b.WITH CURRENT FIRM
Donna West Owner/Accounts Manager e. 17 14
FIRM NAME AND LOCATION(City and State)
Engineering West
Columbus,MT 59019
EDUCATION(DEGREE AND SPECIALIZATION CURRENT PROFESSIONAL REGISTRATION(STATE AND DISCIPLINE)
Bachelor of Science in Business Administration
Minor in Business Management
OTHER PROFESSIONAL QUALIFICATIONS(Publications,Organizations,Training,Awards,etc.)
Awards: Patriotic Employer Award
PROJECTSRELEVANT
i)TITLE AND LOCATION(Cityand State) (2)YEAR COMPLETED
North Anderson Minor Subdivision PROFESSIONAL SERVICES rONSTRUCTION(If applicable)
a Glendive, Montana 2013-2014 1 2014
(3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE Z Check if project performed with current firm
Responsible for all invoicing and correspondence regarding payments with client for three-lot commercial subdivision.
Prepared all scheduling with office personnel
(1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED
Wibaux County Water& Sewer Main Extension PROFESSIONAL SERVICES ONSTRUCTION(If applicable)
b Wibau, Montana 2013-2014 2014
(3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE ®Check if project performed with current firm
Responsible for all invoicing and correspondence with client (Wibaux County) for project that included water and sewer
main extensions.
1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED
Park City Sewer Mian Extension (Chris D'Anna) PROFESSIONAL SERVICES ONSTRUCTION(If applicable)
Park City, Montana 2013-2011. 2014
C. (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE Check if project performed with current firm
Prepared all scheduling with office personnel. Performed any invoicing and received all payments.
(1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED _
Oregon Lane Road,Water, Sewer, & Storm Drain Extension PROFESS IONALSERVICES CONSTRUCTION(!/applicable)
(Yellowstone Industrial Park) 2011-2012 2012
d. Glendive, Montana
(3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE ®Check if project performed with current firm
Responsible for all invoicing and correspondence regarding payments for industrial subdivision that included a water line
extension of nearly 1000 feet.
1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED
Fort Peck Cabin Lake Sites PROFESSIONAL SERVICES ONSTRUCTION(if applicable)
e. Fort Peck, Montana 2008-2011 1 N/A
3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE Check if project performed with current firm
Responsible for all invoicing and correspondence regarding payments with prime contractor, Dan McGee of McGee and
Company. The cost of the project was $985,000.
RESUMES OF.K=EYPERSONNEL PROPOSED FOR THIS CONTRACT
NAME OLE IN THIS CONTRACT I YEARS EXPERIENCE
e.TOTAL b.WITH CURRENT FIRM
Shari Manley Office Manager 3 Years 3 Years
FIRM NAME AND LOCATION(City and State)
Engineering West
Columbus, MT 59019
EDUCATION(DEGREE AND SPECIALIZATION RRENT PROFESSIONAL REGISTRATION(STATE AND DISCIPLINE)
OTHER PROFESSIONAL QUALIFICATIONS(Publications,Organizations,Training,Awards,etc.)
PROJECTSRELEVANT
1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED
Four Mile RV Park PROFESSIONAL SERVICES rONSTRUCTION(Ilapplicable)
2014
3)BRIEF DESCRIPTION(Brietscope,size,cost,etc.)AND SPECIFIC ROLE Check it project performed with current firm
23 Unit RV and Mobile Home Park located north of Fairview, Montana, Duties performed include the completion of the
Richland County Major Subdivision Application packet, environmental assessment, and county road application. Cost of
Project$35,000.00
1)TITLE AND LOCATION(Cityand Slate) (2)YEAR COMPLETED
BakkeslAtten Subdivision PROFESSIONAL SERVICES ONSTRUCTION(Ilapplicable)
b 2014
3)BRIEF DESCRIPTION(Brietscope,size,cost,etc.)AND SPECIFIC ROLE Check if project performed with current firm
2 Lot Minor Subdivision located in Reed Point, Montana. Duties performed include completion of the Sweet Grass County
Minor Subdivision Application packet and probable impacts.
1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED
Amended Plat Tract one of North Anderson Minor Subdivision PROFESSIONALSERVICES rONSTRUCTION(Ilapplicabie)
2014
c 3)BRIEF DESCRIPTION(Bdalscope,size,cost,etc.)AND SPECIFIC ROLE Check if project performed with current firm
3 Lot Minor Subdivision located in Glendive, Montana. Duties performed include completion of the Dawson County Minor
Subdivision Application packet and probable impacts.
(1)TITLE AND LOCATION(City and State) 2)YEAR COMPLETED
Steinbeisser Industrial Park PROFESSIONAL SERVICES ONSTRUCTION(Ilapplicable)
2014
d. (3)BRIEF DESCRIPTION(Briefscope,size,cost,etc.)AND SPECIFIC ROLE ®Check if project performed with current firm
5 Lot Minor Subdivision located in Sidney, Montana. Duties performed include completion of the Richland County Minor
Subdivision Application packet, environmental assessment and county road approach applications.
1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED
Lethert-Strecker Minor Subdivision PROFESSIONAL SERVICES ONSTRUCTION(Ilapplicable)
e. 2014
3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE Check if project performed with current firm
2 Lot Minor Subdivision located in Columbus, Montana, Duties performed include completion of the Stillwater County
Minor Subdivision Application packet and environmental assessment.
RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT
NAME OLE IN THIS CONTRACT YEARS EXPERIENCE
a.TOTAL b.WITH CURRENT FIRM
Forrest Mandeville Planner 7 2 months
FIRM NAME AND LOCATION(CityandState)
Engineering West
Columbus, MT 59019
EDUCATION(DEGREE AND SPECIALIZATION CURRENT PROFESSIONAL REGISTRATION(STATE AND DISCIPLINE)
Master of Public Administration
BA, Political Science
OTHER PROFESSIONAL QUALIFICATIONS(Publications,Organizations,Training,Awards,etc.)
PROJECTSRELEVANT
1)TITLE AND LOCATION(Cityand State) (2 YEAR COMPLETED
Four-Mile RV Park ROFESSIONALSERVICESrONSTRUCTION(llapplicable)
a. Richland County, Montana 2014
3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE LQ Check if project performed with current firm
Provided technical assistance on 23-unit RV Park located northwest of Fairview, Montana.
(1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED
Amended Plat Tract One Kron Minor Subdivision PROFESSIONAL SERVICES ONSTRUCTION(llapplicable)
Glendive, Montana 2014
b.
3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE Check if project performed with current firm
Completed subdivision application for four-lot commercial subdivision west of Glendive, Montana.
t)TITLE AND LOCATION(City and State) 2)YEAR COMPLETED
Stillwater County CTEP Program Administrator DROFESSIONAL SERVICES CONSTRUCTION(if applicable)
Columbus, Montana
2012-2014
C.
3)BRIEF DESCRIPTION(Briefscope,size,cost,efc.)AND SPECIFIC ROLE C1 Check if project performed with current firm
Administered CTEP program in Stillwater County, including application process,design,consultant selection,bid letting
and selection, and payment processing. Reported to Stillwater County Commissioners.
(1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED
Stillwater County Planning PROFESSIONAL SERVICES CONSTRUCTION(llapplicable)
Columbus, Montana 2007-2014
d.
(3)BRIEF DESCRIPTION(Brietscope,size,cost,etc.)AND SPECIFIC ROLE Check if project performed with current firm
Reviewed subdivision applications and certificates of survey within Stillwater County. Provided technical assistance to
Stillwater County Planning Board,Columbus-Stillwater County City-County Planning Board, Airport Board,and Stillwater
County Commission.
llwlR{L'IiYL'�J -0 ' •••• D '
CT KEY
!UALIFICATIONS EOR THIS CONTRACT
l'JU
TITLE AND LOCATION(City and State) YEAR COMPLETED
Replacement Septic Application, Lewistown, Montana PROFESSIONAL SERVICES CONSTRUCTION(!!applicable)
2C N/A
PROJECT OWNER'S INFORMATION
a.PROJECT OWNER POINT OF CONTACT NAME POINT OF CONTACT TELEPHONE NUMBER
Montana Department of C. B. Clearwood—MDT Right-of-Way 406-657-0263
Transportation
BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT(Include scope,size,and cost)
The Montana Department of Transportation (MDT) contracted with Engineering West to provide site evaluation, lot
layout, soil coring, and plans and specification for a septic system necessitated by a road-widening project on
Upper Spring Creek Road southeast of Lewistown. Engineering West designed a pressure-dosed absorption bed
wastewater treatment system.
I
EXAMPLE PROJECI&WHICH BEST ILLUSTRATE PROPOSED TEAM'S
a 4 -1- 1 Aw pICATIONS FORTHIS.,CONTRACT
1
TITLE AND LOCATION(01yandState) YEAR COMPLETED
PROFESSIONAL SERVICES CONSTRUCTION(lfapplicabJe)
Granite Peak Park, Columbus, Montana 2014 N/A
PROJECT OWNER'S INFORMATION
a.PROJECT OWNER b.POINT OF CONTACT NAME POINT OF CONTACT TELEPHONE NUMBER
Jeff Limburg -Granite Peak Park
Town of Columbus, Montana SteeringCommittee 406-321-0840
BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT(Include scope,size,and cost)
Granite Peak Park is located on the north side of
Columbus, just off the 1-90 exit. It contains four
baseball/softball fields, one soccer field, a
community garden area, batting cages, historical
society area, playground area, and concession "
stand. The Town of Columbus owns the land and
the school makes use of it for several school
activities,such as girls' softball. The park is "
administered by the Granite Peak Park Steering
Committee with oversight by the Columbus Town
Council.
As part of a grant obtained by the Stillwater County
Friends of the Library, Engineering West provided
property boundary and topographical surveying of -
the park, grading and drainage site planning, and = L
construction staking for the addition of two new
baseball/softball fields.
WHICH iBEST ILLUSTRATE PROPOSED aE"X(_A'6AMFLE PROJECTS rvAKAD ••
i
Q a a Y
=03
TITLE AND LOCATION(City and State) I YEAR COMPLETED
Fort Peck Lake Cabin Sites, Fort Peck Lake, Montana PROFESSIONAL SERVICES CONSTRUCTION(It'applicable)2008-2011 N/A
PROJECT OWNER'S INFORMATION
a.PROJECT OWNER POINT OF CONTACT NAME POINT OF CONTACT TELEPHONE NUMBER
US Army Corp of Engineers Julie Price-USACOE 402-995-2706
BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT(Include scope,size,and cost)
Fort Peck Dam in northeastern Montana is one of six dams on the Missouri River and its construction created the
fifth largest man-made lake in the United States. In order to take advantage of the recreation opportunities provided
by Fort Peck Lake, 364 cabin sites were created along the lake. The land surrounding the lake is owned by the US
Army Corp of Engineers. In 2000 legislation was passed, allowing the Corp to subdivide the land and allow the
sales of parcels with cabin sites to be purchased by the cabin owners.
In order for sales of parcels to be completed, the land with cabin sites needed to be surveyed and subdivided.
Engineering West teamed up with DJ&A and McGee & Company to provide services necessary for permitting of this
project through the Montana Subdivision and Platting Act and the Montana Sanitation in Subdivisions Act approval
processes. Engineering West was responsible for the fieldwork, replacement on-site wastewater treatment systems
design, soil collection and analysis, soil percolation testing, non-degradation calculations,storm water drainage
reports, and Montana DEQ Subdivision Application packets. The total area of the project was approximately 367
acres scattered between four cabin areas around Fort Peck Lake. The cost of the four cabin sites was
approximately$985,000.
Project Task included:
• Montana DEQ Sanitation in Subdivisions Application & Supplemental Information
• On-site wastewater treatment systems designs
• Storm water drainage reports
• Non-degradation calculations (nitrate sensitivity analysis & phosphorous breakthrough)
• Lot layouts (engineering plans)
• Steep slope analysis for variance requests
• Represent client at cabin owners meetings and Montana DEQ staff meetings
EXAMPLE '•JECTS WHICH BEST ILLUSTRATE PROPO
QUALIFICATIONS F•• THIS CON
1'
TITLE AND LOCATION(City and Slate) YEAR COMPLETED
Wibaux County Water and Sewer Extensions, Wibaux, Montana PROFESSIONAL SERVICES CONSTRUCTION(If applicable)
2013-2014 2014
PROJECT OWNER'S INFORMATION
a PROJECT OWNER POINT OF CONTACT NAME POINT OF CONTACT TELEPHONE NUMBER
Wibaux County Sandy Nelson, Commissioner 7 406-796-2481
BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT(Include scope,size,and cost)
Wibaux County in eastern Montana is a County of approximately 1,100 people. Wibaux County has seen many
changes recently due to the oil and gas boom in eastern Montana. Engineering West provided engineering design
and construction management and inspection services for the Wibaux County Commissioners for water and sewer
main extensions. This public project included engineering design of the water and sewer main extensions, Montana
DEQ permitting, construction management and inspections, and design of a temporary road cul-de-sac for use
during the project.
Engineering West was onsite to supervise the project and ensure compliance with engineering plans and permits.
Project Task included:
• Engineering design of sewer main extension
• Construction managementlinspection of sewer
• Engineering design of water main extension
• Construction managementlinspection of water
• Design of temporary road (cul-de-sac)
12L9111AN101106"2241m owl • � �
1
TITLE AND LOCATION(City and State) YEAR COMPLETED
Amended Plat Tract One North Anderson Minor Subdivision, PROFESSIONAL SERVICES CONSTRUCTION(If applicable)
Glendive, Montana 2013-2014 2014
PROJECT OWNER'S INFORMATION
a.PROJECT OW NFR POINT OF CONTACT NAME POINT OF CONTACT TELEPHONE NUMBER
David Hill David Hill 406-989-0608
BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT(Include
scope,size,and cost)
The Amended Plat Tract One North Anderson Minor
Subdivision is a three-lot subdivision in the City of mTia cmmcwrm
Glendive. Engineering West partnered with Stateline
Surveys in Glendive to provide services for this
subdivision. Engineering West's duties for this project
included engineering design for a water main extension,
jr
construction, inspection, and certification of the water ----
main, preparing Montana DEQ documents pursuant to the
Montana Sanitation in Subdivisions Act,storm water
drainage, and subdivision application process pursuant
to the Montana Subdivision and Platting Act.
Engineering West was closely involved with the project
from its beginning to final plat and construction
inspection, and was onsite to supervise construction and
to ensure compliance with design and permitting requirements,
Project Task included:
• Montana DEQ Sanitation in Subdivisions Application & supplemental information
• Engineering design of water main inspection
• Commercial storm water drainage plan and reports
• Construction inspection/certification of water main
• Lot layouts (engineering plans)
• Represent client at meetings with the Glendive Public Works and Planning Departments
EXHIBIT A
THE REPRESENTATIVES MADE HEREIN ARE MADE UNDER PENALTY OF PERJURY
NO PROPOSAL IS VALID UNLESS SUBMITTED ON THIS FORM AND SIGNED BY AUTHORIZED AGENT FOR
YOUR COMPANY.
SUBMITTED BY:
COMPANY NAME: Engineering West
ADDRESS: P.O. Box 194
CITY: Columbus STATE: MT ZIP: 59019
TELEPHONE: (406)322-1116
EMAIL: Donnaftengineering-west.com
SIGNATURE:
(A rized Agent)
NAME: Donna West
(Please Print)
TITLE: Owner
DATE: 7flarl I IN
NOTE: If proposer is a corporation,the legal name of the corporation shall be set forth above,together
with the signature of authorized officers or agents; if bidder is a partnership,the true name of the
firm shall be set forth above, together with the signature of the partnership; and if bidder is an
individual, his signature shall be placed above.
v �
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of 2014, 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, Engineering West,with a mailing address of P.O. Box 194,Columbus, MT 59019, hereinafter
referred to as"Contractor."
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 Contractor to perform for City
services described in the Scope of Services attached hereto as Attachment"A" and by this reference
made a part hereof.
2. Term/Effective Date:This Agreement is effective upon the date of its execution [and
will terminate on the day of 201_].
3. Scope of Work: Contractor will perform the work and provide the services in accordance
with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of
Services, unless specifically provided otherwise,the Agreement governs.
4. Payment:City agrees to pay Contractor the amount specified in a Scope of Services. Any
alteration or deviation from the described services that involves additional costs above the Agreement
amount will be performed by Contractor after written request by the City, and will become an additional
charge over and above the amount listed in the Scope of Services. The City must agree in writing upon
any additional charges.
S. Contractor's Representations:To induce City to enter into this Agreement, Contractor
makes the following representations:
a. Contractor 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. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement;that it will perform said services in a professional,
competent and timely manner and with diligence and skill;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.
6. Independent Contractor Status/Labor Relations:The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an
employee of the City for any purpose. Contractor 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.
Contractor is not authorized to represent the City or otherwise bind the City in any dealings
between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers' Compensation Act,Title
39, Chapter 71, MCA, and the Occupational Disease Act of Montana,Title 39, Chapter 71, MCA.
Contractor shall maintain workers'compensation coverage for all members and employees of
Contractor's business, except for those members who are exempted by law.
Contractor 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.
Contractor 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.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor's employees and the frequency of such payments (i.e., hourly wage employees shall be
paid weekly). Such posting shall be made in a prominent and accessible location at the
Contractor's normal place of business and shall be made no later than the first day of services provided
under this Agreement. Such posting shall be removed only upon expiration or termination of this
Agreement.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered,
to the fullest extent permitted by law,Contractor 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 and 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 Contractor; (ii)any negligent, reckless,or
intentional misconduct of any of the Contractor's agents; or(iii)the negligent, reckless, or intentional
misconduct of any other third party.
For the professional services rendered,to the fullest extent permitted by law, Contractor 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 willful misconduct
of the Contractor or Contractor'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 Section must not be
construed to negate,abridge,or reduce any common-law or statutory rights of the indemnities'which
would otherwise exist as to such indemnities'.
Contractor's indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should any indemnity described herein be required to bring an action against the Contractor to
assert its right to defense or indemnification under this Agreement or under the Contractor's applicable
insurance policies required below the indemnity 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 Contractor was obligated to defend the claim(s)or was obligated
to indemnify the indemnity 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.
Contractor also waives any and all claims and recourse against the City or its officers, agents
or employees, 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 his 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, Contractor shall at Contractor'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 Contractor in this Section.The insurance coverage shall not contain any
exclusion for liabilities specifically assumed by the Contractor in subsection (a) of 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 and Contractor
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; $2,000,000 annual
aggregate; and
• Professional Liability-$1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers,
agents, and employees, shall be endorsed as an additional or named insured on a 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 sixty
(60) day notice of cancellation or non-renewal.The City must approve all insurance coverage and
endorsements prior to the Contractor commencing work. Contractor shall notify City within two(2)
business days of Contractor's receipt of notice that any required insurance coverage will be terminated
or Contractor's decision to terminate any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor's Fault:
a. If Contractor 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
Contractor's right to proceed with all or any part of the work("Termination Notice Due to
Contractor'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 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
C. Any termination provided for by this Section 8 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 8, Contractor 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.
9. 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 City may terminate
this Agreement by written notice to Contractor("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 Contractor.
b. Upon receipt of the Notice of Termination for City's Convenience, unless
otherwise directed in the Notice,the Contractor 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.Contractor shall do only such work as
may be necessary to preserve, protect,and maintain work already completed or immediately in
progress.
C. In the event of a termination pursuant to this Section 13, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City's Convenience.
d. The compensation described in Section 13(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor 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.
10. Limitation on Contractor's Damages*Time for Asserting;Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor's damages shall be limited to contract damages and Contractor 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 Contractor wants to assert a claim for damages of any kind or
nature, Contractor 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 ten (10)days of the facts and circumstances giving rise to the claim. In the event
Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim.
11. Representatives:
a. City's Representative:The City's Representative for the purpose of this
Agreement shall be (-)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
James Goehrung as 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,Contractor may direct its communication or submission to other
designated City personnel or agents as listed above and may receive approvals or authorization
from such persons.
b. Contractor's Representative:The Contractor's Representative for the
purpose of this Agreement shall be or such other individual as
Contractor shall designate in writing.Whenever direction to or communication with
Contractor is required by this Agreement,such direction or communication shall be directed
to Contractor's Representative; provided, however,that in exigent circumstances when
Contractor's Representative is not available, City may direct its direction or communication
to other designated Contractor personnel or agents.
12. Permits: Contractor 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.
13. Laws and Regulations: Contractor 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.
14. Nondiscrimination:The Contractor will have a policy to provide equal employment
opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations,
and contracts.The Contractor 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 Contractor shall be subject to and comply with Title VI of the
Civil Rights Act of 1964;Section 140,Title 2, United States Code, and all regulations promulgated
thereunder. The Contractor shall require these nondiscrimination terms of its sub-Contractors
providing services under this agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal
drugs, 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. Contractor
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 Contractor shall be obligated to furnish such proof.
The Contractor shall be responsible for instructing and training the Contractor's
employees and agents in proper and specified work methods and procedures.The Contractor
shall provide continuous inspection and supervision of the work performed. The Contractor is
responsible for instructing his employees and agents in safe work practices.
16. Modification and Assignability:This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto.The Contractor may not subcontract
or assign Contractor's rights, including the right to compensation or duties arising hereunder,without
the prior written consent of City.Any subcontractor or assignee will be bound by all of the terms and
conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor's compliance with the
requirements of this Agreement.Contractor 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 Contractor pursuant to this Agreement was used in compliance
with this Agreement and all applicable provisions of federal, state, and local law.The Contractor shall
not issue any statements, releases or information for public dissemination without prior approval of the
City.
18. Non-Waiver:A waiver by either party 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.
19. Attorneys Fees and Costs:That in the event it becomes necessary for either Party of
this Agreement 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 to include City
Attorney.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. 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
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.
22. Survival:Contractor's indemnification shall survive the termination or expiration of this
Agreement for the maximum period allowed under applicable law.
23. Headings:The headings used in this Agreement are for convenience only and are not be
construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable,the
balance thereof shall continue in effect.
25. Applicable Law:The parties agree that this Agreement is governed in all respects by the
laws of the State of Montana.
26. Binding Effect:This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives,successors,and assigns of the parties.
27. 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.
28. Counterparts:This Agreement may be executed in counterparts,which together
constitute one instrument.
29. Integration:This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained therein 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.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES****
IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and year first
above written.
CITY OF BOZEMAN,MONTANA Engineering West
CONTRACTOR(Type Name Above)
By By I
Chris Kukulski,City Manager Print Name: T
Print Title:
APPROVED AS TO FORM:
By
Greg Sullivan, Bozeman City Attorney
Statement of Non-discrimination—Attachment B
Each entity shall include a provision requiring submitting entity to affirm in writing it will not
discriminate on the basis of race,color, religion,creed,sex,age,marital status,national origin,or
because of actual or perceived sexual orientation,gender identity or disability and recognizing the
eventual contract will contain a provision prohibiting discrimination as described above and this
prohibition on discrimination shall apply to the hiring and treatment or proposer's employees and to all
subcontracts.
Engineering West hereby affirms it will not discriminate on the basis of race, color, religion,creed,sex,
age, marital status, national origin,or because of actual or perceived sexual orientation,gender identity
or disability and recognizing the eventual contract will contain a provision prohibiting discrimination as
described above and this prohibition on discrimination shall apply to the hiring and treatment or
bidder's employees and to all subcontracts.
Name and title u
son authorized to sign on behalf of submitter