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15- Advanced Engineering and Environmental Services, INC for the Water Facility Plan Update
PROFESSIONAL SERVICES AGREEMENT z4 THIS IS AN AGREEMENT made as of AuRust 2015, between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, 59715 (O R) and Advanced Engineering and Environmental Services, Inc., 1050 East Main Street, Suite 2, Bozeman, Montana 59715, (ENGINEER). Whereas the accomplishment of the work and services described in this Agreement is essential to the OWNER'S public works improvement program. Whereas the OWNER intends to and has selected the ENGINEER to provide necessary and professional engineering services for the project. Whereas the ENGINEER represents that it is willing and qualified to perform the professional engineering services for this project described in this Agreement. Therefore, in consideration of the foregoing recitals and the mutual covenants and conditions contained herein, the parties agree as follows: The conditions and provisions set forth in the attached EXHIBIT A (Scope of Work — Bozeman Water Facility Plan Update) are hereby incorporated in and made part of this Agreement. ARTICLE 1 - ENGINEERING SERVICES 1.l. The detailed description of the specific project components is described as follows: Water Facility Plan Update, consisting primarily of the following work breakdown structure, which is further described in Exhibit A: Task 0 — Project Management Task 1 — Planning and Service Area Update Task 2 — Water Use Characterization Task 3 — Water Distribution System Model Update Task 4 — Existing Fire Flow Analysis Task 5 — Pressure Zone and Pressure Reduction Study Task 6 — Capital Improvements Plan Task 7 — Non -Potable Irrigation System Study Task 8 — Water Facility Plan 1.2. The scope of services under this contract is set forth in this agreement and the attached EXHIBITS. ARTICLE 2 - ENGINEER'S RESPONSIBILITIES 2.1. ENGINEER shall perform for OWNER professional engineering services in all phases of the Project to which this Agreement applies as hereinafter provided. These services will include, but not be limited to, serving as OWNER's professional engineering representative for the Project, providing professional engineering consultation and advice and furnishing customary civil and structural engineering services incidental thereto. 2.2. The ENGINEER shall furnish all labor, materials, equipment, supplies, and incidentals necessary to conduct and complete the ENGINEER'S portions of the Project and to prepare and deliver to the OWNER all data, reports, plans, specifications, and recommendations as designated herein. 2.3. The ENGINEER shall ascertain such information as may have a bearing on the work from local units of government, public, and private organizations and shall be authorized to procure information from other authorities as to the extent of these contacts and the results thereof. 2.4. The ENGINEER'S work shall be in accordance with the standards of sound engineering practices. 2.5. The ENGINEER shall name a Principal -In -Charge for the duration of the project. The Principal -In -Charge shall be Gary Cline, PE. 2.6. The ENGINEER shall name a Project Manager who shall be the liaison between the ENGINEER and the OWNER. The Project Manager shall be R. Nathan Weisenburger, PE. The OWNER may name a Task Director who would be the liaison between the ENGINEER and the OWNER during the design segment of the Project. 2.7. The ENGINEER shall submit an estimated progress schedule at the beginning of the work, and monthly progress reports thereafter until the project is completed. ARTICLE 3 - OWNER'S RESPONSIBILITIES 3.1 The OWNER shall name a Task Director who shall be the liaison between the ENGINEER and the OWNER during DESIGN segment of the Project. The Task Director designated shall be Brian Heaston, PE. 3.2 The OWNER shall have the right of review and examination of the ENGINEER'S work at all times. 3.3 The OWNER shall make available all records (record drawings, construction records, etc.) indicating the existing configuration of the city utilities. 3.4 The OWNER will be responsible for Advertising Bid Openings. 3.5 The OWNER shall attend the pre-bid conferences, bid openings, pre -construction conferences, construction progress and other job related meetings, substantial completion inspections and final payment inspections. ARTICLE 4 - BASIC ENGINEERING SERVICES The ENGINEER shall render professional Engineering Services as follows: 4.1 PRE -DESIGN INVESTIGATION PHASE After written authorization to proceed, ENGINEER shall: 4.1.1 Consult with OWNER to clarify and define OWNER's requirements for the Project and review available data. 4.1.2 Advise OWNER as to the necessity of OWNER's providing or obtaining from others, data or services and assist OWNER in obtaining such data or services. 4.1.3 Identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the Project and participate in consultations with such authorities. 4.1.4. Provide analyses of OWNER's needs, planning surveys, site evaluations and comparative studies of prospective sites and solutions. 4.1.5. Provide a general economic analysis of OWNER's requirements applicable to various alternatives. 4.1.6 Assist in formation of Special Improvement Districts (SID) by preparing district boundary descriptions and maps, preparing a property owner's and assessments role lists including project assessment costs based on the preliminary project cost estimates, and providing technical information at SID public hearings, if applicable. 4.1.7. Prepare a Report containing schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate clearly the considerations involved (including applicable requirements of governmental authorities having jurisdiction as aforesaid) and the alternative solutions available to OWNER and setting forth ENGINEER's findings and recommendations. This Report will be accompanied by ENGINEER's opinion of probable costs for the Project, including the following which will be separately itemized: Construction Cost, allowance for engineering costs and contingencies, and (on the basis of information furnished by OWNER) allowances for such other items as charges of all other professionals and consultants, for the cost of land and rights-of-way, for compensation for or damages to properties, for interest and financing charges and for other services to be provided by others for Owner. The total of all such costs, allowance, etc. are hereinafter called "Total Project Costs". 4.1.8. Furnish three 3 copies and a searchable PDF copy of the Study and Report documents and review them in person with OWNER. The Pre -design Investigation Phase will be completed and submitted within 300 calendar days following written authorization from OWNER to ENGINEER to proceed with that phase of services. 4.2 PRELIMINARY DESIGN PHASE — Not Used 4.3 FINAL DESIGN PHASE — Not Used 4.4 BIDDING OR NEGOTIATING PHASE — Not Used 4.5 CONSTRUCTION PHASE — Not Used 4.6. PROJECT DOCUMENTATION — Not Used 4.7. CONSTRUCTION TESTING — Not Used ARTICLE 5 - ADDITIONAL SERVICES 5.1. If OWNER wishes ENGINEER to perform any of the following Additional Services, OWNER shall so instruct ENGINEER in writing, and ENGINEER shall perform or obtain from others such services and will be paid therefor as provided in the Agreement: 5.1.1. Legal land surveys performed to obtain data for preparing easements and rights-of-way descriptions. 5.1.2. Preparation of applications and supporting documents for governmental agencies in addition to those required under Basic Services; preparation or review of environmental studies and related services; and assistance in obtaining environmental approvals. 5.1.3. Services resulting from significant changes in the general scope, extent or character of the Project or major changes in documentation previously accepted by OWNER where changes are due to causes beyond ENGINEER's control. 5.1.4. Providing renderings or models. 5.1.5. Preparing documents for alternate bids requested by OWNER for work not executed or for out -of - sequence work. 5.1.6. Providing other services not otherwise provided for in the Agreement, including services normally furnished by the OWNER as elsewhere herein described. 5.1.7. Furnishing the services of independent professional associates or consultants for other than Basic Services. 5.2. When required by the Contract Documents in circumstances beyond ENGINEER's control, ENGINEER shall perform or obtain from others any of the following Additional Services as circumstances require during construction and without waiting for specific instructions from OWNER, and ENGINEER will be paid therefor as provided in this Agreement: 5.2.1. Services in connection with work directive changes and change orders to reflect the changes requested by OWNER if the resulting change in compensation for Basic Services is not commensurate with the additional services rendered. 5.2.2. Services in making revisions to Drawings and Specifications occasioned by the OWNER'S acceptance of substitutions proposed by Contractor(s); services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of substitutions proposed by Contractor; and evaluating an unreasonable or extensive number of claims submitted by Contractor(s) or others in connection with the work. 5.2.3. Services resulting from significant delays, changes or price increases occurring as a direct result of materials, equipment or energy shortages. 5.2.4. Additional or extended services during construction made necessary by (1) work damage by fire or other causes during construction, (2) a significant amount of defective or neglected work of any Contractor, (3) acceleration of the progress schedule involving services beyond normal working hours, (4) default by any Contractor. ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE 6.1 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER 6.1.1 Payment. The OWNER shall for services performed as Basic Engineering Services under section 4.1 of this agreement pay a total sum in the amount of $ 416,089.00 for such services. 6.1.2 Payment Schedule. Total cumulative payments for the design phase engineering services (section 4.1) shall conform to the actual progress achieved with respect to the tasks and respective estimated fee identified in Exhibit A: 6.1.3 General. Engineer shall submit monthly statements for services rendered. The statements shall be based upon Engineer's estimate of the proportion of the total services actually completed at the time of billing, subject to any limitations on Payments based on completion of tasks or specific retainage requirements pursuant to the payment provisions of the Agreement. 6.1.4 Reimbursable Expenses. Only those expenses specifically identified for payment under section 6.2 of this Agreement are reimbursable. All other design related expenses are included in the Lump Sum Payment for the Basic services (section 4.1) and are not separately reimbursable. Additional Services specifically identified under the scope of design services for payment under 6.1 are not separately reimbursable. 6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER — Not Used. 4 ARTICLE 7 - MEANING OF TERMS 7.1 AGREEMENT As used herein the term "this Agreement" refers to the contents of this document and its Exhibits attached hereto and referred to as if they were part of one and the same document. 7.2 CONSTRUCTION COSTS The construction cost of the entire Project (herein referred to as "Construction Cost") means the total cost to OWNER of those portions of the entire Project designed and specified by ENGINEER, but it will not include ENGINEER's compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, properties unless this Agreement so specifies, nor will it include OWNER's legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the Project or the cost of other services to be provided by others to OWNER. 7.3 DIRECT LABOR COSTS Direct Labor Costs used as a basis for payment mean the actual salaries and wages paid to all ENGINEER's personnel engaged directly on the Project, including, but not limited to, engineers, architects, surveyors, designers, drafters, specification writers, estimators, other technical and business personnel; but does not include indirect payroll related costs or fringe benefits. For the purposes of this Agreement the principals and employees of the ENGINEER maximum billable Direct Labor Costs are: Principals $ 87.74/hour Project Manager $ 65.38/hour Senior Engineer $ 49.52/hour Project Engineer $ 43.27/hour Staff Engineer $ 24.47/hour I&C Technician $ 35.65/hour GIS Specialist $ 26.49/hour Clerical $ 20.50/hour 7.4 REIMBURSABLE EXPENSES Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's independent professional associates or consultants directly in connection with the Project, such as expenses for: transportation and subsistence incidental thereto; obtaining bids or proposals from Contractor(s); subsistence and transportation of Resident Project Representatives and their assistants; toll telephone calls and telegrams; reproduction of reports, Drawings, Specifications, Bidding Documents and similar Project -related items; and if authorized in advance by OWNER, overtime work requiring higher than regular rates. In addition, when compensation for Basic Services is on the basis of Direct Labor Costs method of payment, Reimbursable Expenses will also include the amount billed to ENGINEER by special consultants employed by ENGINEER and authorized by OWNER (other than as an authorized Additional Services) and will also include expenses incurred for computer time and other specialized equipment, including an appropriate charge for previously established programs and expenses of photographic production techniques. ARTICLE 8 - PAYMENT PROVISIONS 8.1 TIMES OF PAYMENTS. ENGINEER may submit monthly statements for Basic Services and approved Additional Services rendered and for Reimbursable Expenses incurred; however, payments shall not exceed the ceilings provided in 6.1. Final payment shall be made only after acceptance of the project by the OWNER. If OWNER disputes the amount of the billing, OWNER will notify the ENGINEER in writing within ten (10) calendar days of the receipt of bill of the dispute. 8.2 REQUESTS FOR PAYMENT. Each request for payment shall include a documentation summary of the period incremental man hours incurred, direct labor rates and billed rates, detail of reimbursable costs, total period billing, and total cumulative billing. When requested by OWNER services for distinct project segments shall be accounted and billed separately. 8.3 PAYMENT UNDER TERMINATION. In the event of termination by the OWNER upon the completion of any phase of the Basic Services, progress payments due ENGINEER for services rendered through such phase shall constitute total payment for such services. In the event of such termination by OWNER during any phase of the Basic Services, ENGINEER also will be reimbursed for the charges of pre -approved independent professional associates and consultants employed by ENGINEER to render Basic Services, and paid for services rendered during that phase on the basis of the payment provisions of the Agreement. In the event of any such termination, ENGINEER will be paid for unpaid pre - approved Additional Services and unpaid Reimbursable Expenses which are authorized under this agreement. ARTICLE 9 - GENERAL CONSIDERATIONS 9.1 TERMINATION OF AGREEMENT 9.1.1 The sole right is hereby reserved to the OWNER to terminate this Engineering Agreement for any and all causes or for its convenience at any time upon fifteen (15) days written notice to the ENGINEER. 9.1.2 If termination for default is effected by the OWNER, an equitable adjustment in the price provided for in this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the ENGINEER at the time of termination may be adjusted to cover any additional costs to the OWNER because of the ENGINEER's default. If termination for convenience is effected by the OWNER, the equitable adjustment shall include a reasonable profit, as determined by owner, for services or other work performed. The equitable adjustment for any termination shall provide for payment to the ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the ENGINEER relating to commitments which had become firm prior to the termination. 9.1.3 Upon receipt of a termination action under paragraph 9.1.2, the ENGINEER shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the OWNER within ten (10) days copies of all data, design drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the ENGINEER in performing this Agreement, whether completed or in process. 9.1.4 In the event this Contract is terminated prior to completion, the original copies of the ENGINEER'S data, recommendations, plans, specifications, analysis and other related documents prepared by the ENGINEER prior to said termination shall be delivered to and become the property of the OWNER. 9.1.5 Upon termination, the OWNER may take over the work and may award another party an Agreement to complete the work under this Agreement. 6 9.1.6 OWNER'S right to terminate is in addition to any other remedies OWNER may have under the law. 9.2 INSPECTION AND AUDIT All books, papers, records, payrolls, vouchers and invoices relating to costs and expenditures incurred as to the performance of the services by the ENGINEER hereunder shall be made available to the OWNER, or their authorized representatives for audit and review, at the ENGINEER'S respective offices at all reasonable times during the contract period and for three years from the date of final payment. 9.3 EMPLOYMENT The ENGINEER warrants that he has not employed or retained any company or persons, other than a bona fide employee, working solely for the ENGINEER, to solicit to secure this contract, and that he has not paid or agreed to pay any company or person, other than bona fide employees working solely for the ENGINEER, any fee, commission, percentage, brokerage fee, gifts or any other considerations contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the OWNER shall have the right to annul the Contract without liability or in its discretion to deduct from the price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. All employees of the ENGINEER or other persons while engaged in the performance of work or services required by the ENGINEER shall be considered employees of the ENGINEER only and not of the OWNER. 9.4 NONDISCRIMINATION The ENGINEER 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. The ENGINEER shall require these nondiscrimination terms of its sub -consultants providing services under this agreement. 9.5 SUBLETTING OR ASSIGNING OF WORK The ENGINEER shall not sublet or assign any of the work covered herein without prior written approval of the OWNER. 9.6 STANDARD OF CARE In providing services under this agreement, the ENGINEER will perform in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any service should be found to be not in conformance with this standard, the ENGINEER shall, at the OWNER's request, re- perform the service at its own expense. Engineer shall also, at its own expense, make such changes, modifications or additions to the project which are made necessary as a result of the initial non-performance or the re -performance of services. The OWNER's rights herein are in addition to any other remedies the OWNER may have under the law. 9.7 LEGAL RELATIONS: 9.7.1 The ENGINEER shall, consistent with the standard care, comply with those Federal, State, and Local laws and ordinances applicable to the work to be done. 9.7.2 The ENGINEER agrees to defend, indemnify and hold harmless the OWNER, its officers, directors, agents and employees from and against any suit, cause of action, claim, cost, expenses, obligation and liability of any character, including attorney's fees, which is brought or asserted for any bodily injury, death, or physical damage to property received or sustained by any person, persons, property, business or any other entity, arising out of or resulting from, or in connection with the ENGINEER'S negligent performance of the work specified in this agreement. 9.7.3. The ENGINEER agrees to defend, indemnify and hold harmless the OWNER, its officers, directors, agents and employees, should OWNER, its officers, directors, agents or employees be named as a defendant in any action where the OWNER'S alleged liability arises from the negligent performance of the ENGINEER'S work herein described. The obligations of the ENGINEER to defend, indemnify and hold harmless the OWNER will apply to any suit, cause of action, claim, cost or obligation including, without limitation, those alleged under the common law or pursuant to a federal or state statute or regulation including those arising in tort, trespass, nuisance, and strict liability. 9.7.4 In the event the OWNER is found proportionately responsible for any damages ultimately awarded to a plaintiff or plaintiffs in any lawsuit, the ENGINEER will be responsible for only those damages, costs, or liabilities as are attributable to the ENGINEER'S percent of fault as compared with 100% of the fault giving rise to the damages. Should the OWNER be found responsible for negligence by its own officers, directors, agents or employees, then in that event the OWNER agrees to reimburse the ENGINEER for the reasonable attorney's fees and costs incurred in any defense of the OWNER in an amount proportional to the fault attributed to the OWNER. The indemnity required herein shall not be limited by reason of the specification of any particular insurance coverage in this Agreement. 9.7.5 Should either OWNER or ENGINEER be held responsible, for any damages, costs or liabilities resulting from intentional misconduct by any officer, director, agent or employee in connection with the work specified in this Agreement, then in that event, that party shall defend, indemnify and hold harmless the other as to any damages, costs or liabilities that result from or arise out of that intentional misconduct, including reasonable attorney's fees and costs which shall include costs and salary of the city attorney or other in-house counsel. Further, notwithstanding the obligations set forth in paragraphs 9.7.2 and 9.7.3 above, the ENGINEER agrees to defend OWNER where the OWNER'S alleged liability arises from intentional misconduct by the ENGINEER. Should the OWNER be found responsible for intentional misconduct by its own officer, director, agent or employee, then OWNER agrees to reimburse ENGINEER for the reasonable attorney's fees and costs incurred in any defense of the OWNER. 9.7.6 The ENGINEER shall perform this agreement as an independent contractor, and as such, is responsible to the OWNER only as to the results to be obtained in the work herein specified, and to the extent that the work shall be done in accordance with the terms, plans and specifications. The ENGINEER shall have and maintain complete control over all of its employees, subcontractors, agents and operations, being responsible for any required payroll deductions and providing required benefits, such as, but not limited to worker's compensation with statutory limits, and unemployment insurance. 9.8 INSURANCE The ENGINEER shall secure and furnish to the OWNER certificate of insurance, therein, naming the OWNER as an additional insured, to include thirty (30) days notice of cancellation or non -renewal. Without limiting any of ENGINEER's obligations hereunder, ENGINEER shall secure and maintain, until the work is completed and accepted by the OWNER, insurance coverage naming the OWNER as additional insured with minimum insurance coverage as follows: Type of Coverage Limits Employers' Liability: $ 100,000. per accident General Liability: Bodily Injury & Property Damage Single and combined $ 1,000,000. per accident General Aggregate: $ 2,000,000. Excess Liability Coverage (umbrella) $1,000,000. each occurrence Automobile: Bodily Injury covering all $ 1,000,000 each person automobiles, trucks, tractors, trailers, or $ 1,000,000 each occurrence other automotive equip- ment whether owned or rented by Engineer or owned by employees of Engineer. Property Damage covering $ 100,000 each occurrence all automobiles, trucks, tractors, trailers or other automotive equipment whether owned or rented by Engineer or owned by employees of Engineer OR Bodily Injury & Property $1,000,000 each occurrence Damage Single and combined In addition to the above insurance coverage, the ENGINEER shall secure and maintain, until the work is completed and accepted by the OWNER, and without naming OWNER as an additional insured, professional errors and omissions coverage as follows: Professional Errors & Omissions: $ 1,000,000 per claim and aggregate each occurrence 9.9 ENDORSEMENT The ENGINEER shall place his endorsement on all drawings and other data furnished by him. 9.10 OWNERSHIP OF DOCUMENTS The parties admit and agree the documents produced under this agreement are not intended or represented to be suitable for reuse by OWNER or any other individual on any other project. Any reuse without written verification or adaptation by ENGINEER will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER's independent professional associates or consultants. Files in electronic media format of text, data, graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of owner. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. L%§■ 1fL:3 [11 CST1, 1[YII[�1►1 The ENGINEER shall not issue any statements, releases or information for public dissemination without prior approval of the OWNER. 9.12 PROPRIETARY RIGHTS If patentable discoveries or inventions should result from work required herein, all rights accruing from such discoveries or inventions shall be joint property of the ENGINEER and the OWNER. Provided that the OWNER, state agencies or political subdivisions and the United States Government shall have the irrevocable, nonexclusive, nontransferable and royalty -free license to use each invention in the manufacture, use and disposition, according to law, of any article or material, and in the use of any method that may be developed as part of the work described and contemplated herein. 9.13 RECORDS The ENGINEER shall maintain accounting records and other evidence pertaining to the cost incurred and to make the records available at all reasonable times during the Contract term and for one (1) year from the date of final payment. Such accounting records and other evidence pertaining to the cost incurred will be made available for inspections by OWNER. 9.14 SUCCESSORS IN INTEREST The covenants, agreements and all statements in this Contract apply to and shall be binding on the heirs, personal representatives, successors and assigns of the respective parties. 9.15 ATTORNEY'S FEES AND COSTS That in the event it becomes necessary for either Party of this Contract to retain an attorney to enforce any of the terms or conditions of this Contract or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 9.16 MODIFICATIONS AND AMENDMENTS That any amendment or modification of this Contract or any provisions herein shall be made in writing or executed in the same manner as this original document and shall after execution become a part of this Contract. 10 In witness Whereof, the Parties hereto do make and execute this Agreement. CITY OF BOZEMAN, MONTANA ENGINES BY: �� _ BY: (City Manager) Operations Manag DATE: ?—z4— DATE: kJ ATTEST: BY - Jerk) �N 1/■ ti JLLATIN 11 Exhibit A; Bozeman Water Facility Plan Update City of Bozeman, Montana Task 0 -Project Management Tasks • ENGINEER will conduct a review of existing planning and service area Tasks information from previous OWNER studies. • Overall Management of Schedule and Budget for Project ENGINEER review. • Development of Project Management Plan during the Project Kickoff Meeting. • Monthly Team Coordination Conference Calls Update within the Water Facility Plan. • Monthly Progress Reports and Fees . $4,536 • Project Kickoff Meeting 0 Mid -Term Project Update Workshop Deliverables • Project Management Plan • Monthly Progress Reports • Project Kickoff Meeting • Mid -Term Project Update Workshop Total (Proposed • 161 hours Hours/Total Fee) • $32,427 Task 1 -Planning & Service Area Update Tasks • ENGINEER will conduct a review of existing planning and service area information from previous OWNER studies. • OWNER shall provide any information from previous studies for ENGINEER review. • Review of Planning and Service area information will be conducted during the Project Kickoff Meeting. Deliverables • ENGINEER will incorporate established Planning and Service Area Update within the Water Facility Plan. Total Proposed Hours • 32 Hours and Fees . $4,536 1I;Page Exhibit A; Bozeman Water Facility Plan Update City of Bozeman, Montana Task 2 -Water Use Characterization Tasks • Historical Water Demand Data Request and Review o ENGINEER will request a maximum of 10 years water demand and production data from the OWNER. o ENGINEER will review and analyze the data and develop the following parameters ■ Average Day Demand ■ Maximum Day Demand ■ Summer Day Demands ■ Winter Day Demands ■ Peak Hourly Demands ■ Per -Capita Water Usage ■ Demand based on Usage Classes within the City (i.e. Single Family, MU, Commercial). o ENGINEER will also review any correlation between demands and environmental parameters (i.e. precipitation, temperature). o ENGINEER will also conduct a preliminary review and analysis of historical irrigation usage based on existing data provided by the OWNER. • Development of Existing Land Use Demand Factors o ENGINEER will develop existing land use demand factors from 10 -year water demand data provided by the City. o ENGINEER will utilize the existing land use demand factors to develop future land use demand factors for the defined service area defined in Task 1. o ENGINEER will also develop zoned demand factors based on existing zoning data from the City. These demand factors will be based on a 10 -year water demand data provided by the City. • Future Water Demand Projections o ENGINEER will utilize GIS and the existing land use demand factors to develop future water demand projections for a 20 - year planning horizon and the defined planning service area established during Task 1. o ENGINEER will solicit information regarding water conservation planning and implementation efforts and will include corresponding information to develop appropriate water demand factors. o ENGINEER will identify irrigation demand volumes for pertinent zoning areas corresponding to the work proposed under Task 7. Deliverables • Executive Summary Document of the Summary of Findings from this task. 21,Page Exhibit A; Bozeman Water Facility Plan Update City of Bozeman, Montana Task 3 -Water Distribution System Model Update • GIS files representing the existing land use demand factors. • Model Conversion and Development • GIS files representing the existing zoned land demand factors. o ENGINEER will review the current City of Bozeman Hydraulic • GIS files representing the future water demand projections Model and identify any data that can be utilized in a new • Maps showing both the existing land use demand factors as well as hydraulic model the future water demand projections. Total Proposed Hours • 230 Hours and Fees • $31,656 Task 3 -Water Distribution System Model Update Tasks • Model Conversion and Development o ENGINEER will review the current City of Bozeman Hydraulic Model and identify any data that can be utilized in a new hydraulic model o ENGINEER will utilize the City's existing ArcGIS Geodatabase to develop an all -pipes model, which will include all pipes within the distribution system including hydrant leads. It will not include service lines to individual properties. o ENGINEER will identify any existing data gaps based on the existing hydraulic model and newly developed all -pipes hydraulic model. ENGINEER will coordinate with OWNER to secure the collection of the required data. These data requirements may include pipe segment directionality, elevation data for reservoirs, set points on pumps or pressure reducing valves, as well as any SCADA information deemed necessary to develop the new hydraulic model. o ENGINEER will populate elevation data within the newly developed hydraulic model utilizing readily available elevation data from the OWNER. ENGINEER will not manually collect elevation data as part of this project. o ENGINEER (StreamlineAM) will provide FME-based import/export tools to link the existing City GIS data and the newly developed pipe network comprising the hydraulic model; the FME tool will not be applied to existing facilities due to the additional scope of work required. Model install to occur on platform identified through mutual agreement between OWNER and ENGINEER. o ENGINEER will procure the agreed upon modeling software, Innovyze, with an InfoWater Basic License for 5,000 pipes and an initial year of annual maintenance. The ENGINEER has allocated $11,500 within the project budget for the software purchase. This quote is based on July 2015 dollars. • Water Demand Allocation o Utilizing the existing water demand information collected within Task 2, ENGINEER will allocate water demands in the distribution system by means of geocoding (location based). 3 1 P a g e Exhibit A; 13ozernan Water Facility Plan Update City of Bozeman, Montana o Based on the water demands allocated as well as available SCADA information, the ENGINEER will develop hourly demand curves for the distribution system • Field Data Collection o ENGINEER will develop a Model Field Data Collection Plan which will include fire flow test locations, extended period pressure test locations, data collection and requests for operational data. o ENGINEER will review the Model Field Data Collection Plan with OWNER prior to commencing with Field Testing. o As part of the field data collection, ENGINEER will perform approximately 75 hydrant flow tests within the distribution system. ENGINEER will provide one team member to complete the testing, the OWNER will be required to provide a minimum of 2 staff members to assist during hydrant flow tests. o The ENGINEER will work with OWNER to install a maximum of 12 hydrant pressure recorders within the system after hydrant flow testing is completed. These hydrant pressure recorders will remain installed for a period of about two weeks. ENGINEER will provide personnel to install along with OWNER providing a minimum of 1 staff member to assist with installation. • Hydraulic Model Calibration o The ENGINEER will perform Steady State Calibration of the hydraulic model. The calibration documentation will be incorporated in the Water Facility Plan. o The ENGINEER will perform Extended Period Calibration of the hydraulic model. The calibration documentation will be incorporated in the Water Facility Plan. • Existing System Analysis o The ENGINEER will perform an existing system analysis using the established demand conditions within Task 2. o As part of the Existing System Analysis, the ENGINEER will work with the OWNER to determine system analysis parameters (i.e. pressures, storage, and capacity). o Results will be incorporated in the Water Facility Plan along with maps and figures to illustrate system performance. • Future System Growth Analysis o With input from OWNER, ENGINEER will develop water transmission and storage concepts to address growth scenarios the future demand parameters determined within Task 2. o Results will be incorporated in the Water Facility Plan along with maps and figures to illustrate system performance. 41 Rage Exhibit A. Bozeman Water Facility Plan Update City of Bozeman, Montana Task 4 -Existing Fire Flow Analysis Deliverables • Conversion and Development of an All -Pipes Hydraulic Model which will include all distribution system pipes including hydrant leads. Model will not include service lines to properties. • • The pipe network comprising the hydraulic model will be one-to-one with the City GIS system, predicated upon properly configured ArcGIS • network • Water Demand Allocation utilizing geocoding of existing billing Deliverables • records provided by the City of Bozeman. Total Proposed Hours • • Development of Hourly Demand Patterns. and Fees • • Model Field Data Collection Plan. • Field Testing consisting of approximately 75 hydrant flow tests as well as data from up to 12 hydrant pressure recorders installed for a period of 2 about weeks. • Steady State and Extended Period Calibration with Results Incorporated within the Water Facility Plan. • Future System Growth Analysis concepts utilizing demand parameters developed within Task 2. • Proprietary Innovzye InfoWater final modeling file. Total Proposed Hours • 710 Hours and Fees . $130,290 Task 4 -Existing Fire Flow Analysis Tasks • ENGINEER will complete an Existing System Fire Flow Analysis utilizing calibrated hydraulic model as well as parameters developed within Task 3. • Identified pipe segments will be included in a Capital Improvement Plan developed within Task 7. • All results from analysis will be incorporated within the final Water Facility Plan which will also include maps and illustrations. Deliverables • Existing System Fire Flow Analysis Results Total Proposed Hours • 56 Hours and Fees • $8,168 51 Page Exhibit A-, Bozeman Nater Facility Plan Update City of Bozeman, Montana Task 5 -Pressure Zone & Pressure Reduction Study Tasks • Establish Operating Parameters/Performance Standards o ENGINEER will develop maps to display customer water pressure incrementally by color. o ENGINEER will develop these maps representing various demands. o ENGINEER will utilize the calibrated hydraulic model to complete analysis of optimal pressure zone parameters and boundaries. o Results from this analysis will be incorporated into the final Water Facility Plan along with maps and illustrations. • PRV/Pressure Zone Model Analysis and Instrumentation and Controls o ENGINEER will utilize the calibrated model to identify pressures and flow within existing PRV's and recommend pressure set points. o ENGINEER will develop hydraulic profiles and operational narratives to validate settings. o ENGINEER will also provide recommendations for new pressure regulating facilities. These recommendations will include optimal locations, pressure settings and functionality. o ENGINEER will review the City's SCADA system and recommendations will be made to the OWNER to provide operators with required oversight and control of the water system. • Pressure Management Study Technical Memorandum o ENGINEER will develop a technical memorandum outlining recommended operating pressure limits and boundaries, modifications to existing infrastructure, future projects, cost estimates, optimal timeline, and projections reflecting reduction in leaks and breaks based on industry averages of similar systems. Deliverables • PRV/Pressure Analysis with Calibrated Hydraulic Model (results within Final Facility Plan) • SCADA System Review and Recommendations • Pressure Management Study Technical Memorandum Total Proposed Hours • 250 Hours and Fees • $40,464 61 Page Exhibit A; Bozeman Water Facility Plan Update City of Bozeman, Montana Task 6 -Capital Improvement Program Tasks • ENGINEER will compile the final list of recommended improvements from Tasks 3, 4, 5 and 6. • ENGINEER will complete an estimated planning cost for each of the recommended improvements. • ENGINEER will utilize the Risk Assessment Model to determine the appropriate ranking and or timing of the recommended improvements and replacement or continued repair of infrastructure. • ENGINEER will evaluate the potential impacts of human resources needed to execute the recommended improvements. • ENGINEER will compile a final Capital Improvements Project Packet which will include a detailed description of the recommended improvement, detailed maps of the improvement, estimated cost estimates, establishment of category of condition assessment, recommended improvement (i.e. replacement or continued repair) Deliverables and proposed schedule of improvements. Deliverables • Final Capital Improvements Project Packet of all recommended capital improvement projects. Total Proposed Hours • Final recommendations incorporated in Final Water Facility Plan and Fees • Maps as well as GIS files of the Capital Improvement Program Recommendations. Total Proposed Hours • 241 Hours and Fees • $32,422 Task 7 -Non -Potable Irrigation System Study Tasks • Non -Potable Irrigation Design Standard o The ENGINEER will develop construction standards and specifications for non -potable irrigation infrastructure. o The ENGINEER will provide the OWNER with the preliminary findings and as well as define any further detail needed for the project. o The ENGINEER will utilize volumetric irrigation demand information developed within Task 2. Cost Evaluation for Non -Potable Irrigation Systems o ENGINEER will develop capital costs for a dual -piped system o The ENGINEER will utilize GIS maps to describe and represent the conceptual design for dual -piped system. o ENGINEER will develop Class 4 construction cost estimates of each system. Deliverables • Capital Cost Development for Non -Potable Water System. • Technical Memorandum outlining findings. • Results will be incorporated in the final Water Facility Plan. Total Proposed Hours • 216 Hours and Fees • $38,240 7 1 P a g e Exbibit A; Bozeman Water Facility Plan Update City of Bozeman, Montana Task 8 -Water Facility Plan Tasks • Draft Water Facility Plan Development o ENGINEER will develop a draft Water Facility Plan incorporating information from all tasks within the project plan. o ENGINEER will submit draft copies of the Water Facility Plan to the OWNER for review and comment. o ENGINEER will track comments/feedback with a spreadsheet which will be used to also track the responses or changes. • Final Water Facility Plan Development o ENGINEER will incorporate any comments, changes and or feedback from the OWNER into a Final Water Facility Plan. o ENGINEER will submit the Final Water Facility Plan to the ,OWNER. This will include three (3) hard copies along with a searchable PDF version of the water facility plan. • Water Facility Plan Presentation to Commission o ENGINEER will develop a presentation of the findings from the Water Facility Plan. o ENGINEER will present the findings to the City Commission at a predetermined time by the OWNER. Deliverables • Draft Water Facility Plan • Final Water Facility Plan • Water Facility Presentation to City Commission Total Proposed Hours • 699 Hours and Fees . $97,887 81Pagz Client#: 7241 ADVAELEI ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 7/28/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MN-A/E COBB STRECKER DUNPHY & ZIMMERMANN 150 S FIFTH STREET STE 2800 CONTACT NAME: PHONE FAX Ext :612 349-2400 ac, Ne ; 612 349 2490 E MA Lo, ADDRESS: GLOO137086 MINNEAPOLIS, MN 55402 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: ZURICH AMERICAN INSURANCE COMPA INSURED INSURER B: AMERICAN GUARANTEE & LIAB INS ADVANCED ENGINEERING & ENVIRONMENTAL X POLICY AND XCU SERVICES INC INSURER C: PRODUCTS- COMP/OP AGG $2,000,000 4050 GARDEN VIEW DR SUITE #200 INSURER D: AUTOMOBILE X X 1AUTOS GRAND FORKS, ND 58201 INSURERE: BAP0137085 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NLIMRER- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FXI OCCUR X CONTRACTUAL PER GLOO137086 10/04/2014 1010412015 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence$300,000 MED EXP (Any one person) $10,000 PERSONAL &ADV INJURY $1,000,000 X POLICY AND XCU GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO JECT Fx_1 LOC PRODUCTS- COMP/OP AGG $2,000,000 $ A AUTOMOBILE X X 1AUTOS LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNED BAP0137085 10/04/2014 10104/2015 MDLIMIT $1,000,000 Ee BINE BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE AUC013710200 10/04/2014 10/04/2015 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 DED I X RETENTION $O $ A WORKERS COMPENSATION AND AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? N] (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 10/04/2014 10/04/2015X WpRYTLIT T ERH E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE- POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) P05097 2013 001 BOZEMAN WATER FACILITY PLAN UPDATE ADDITIONAL INSURED ONLY IF REQUIRED BY WRITTEN CONTRACT WITH RESPECT TO GENERAL LIABILITY: CITY OF BOZEMAN The following supersedes the cancellation wording: Should any of the above described policies be cancelled before the expiration date, 30 Days written notice (10 Days for Non -Payment) will be delivered to the certificate holder. The City of Bozeman 20 East Olive Bozeman, MT 59715 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S728948/M682804 DLO This page has been left blank intentionally. Client#: 7241 ADVAELEI ACORDr,., CERTIFICATE OF LIABILITY INSURANCE YY) =7/28/2015 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: MN-A/EPHONE FAX Ext :612 349-2400 q/C No ; 612 349 2490 (AfE-MAIL COBB STRECKER DUNPHY & ZIMMERMANN 150 150 S FIFTH STREET STE 2800 ADDRESS: EACH OCCURRENCE $ MINNEAPOLIS, MN 55402 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: ENDURANCE AMERICAN SPECIALTY IN 10641 INSURED INSURER B ADVANCED ENGINEERING & ENVIRONMENTAL PREMISES (E. RENTED $ SERVICES INC INSURER C: CLAIMS -MADE OCCUR 4050 GARDEN VIEW DR SUITE #200 INSURER D : GRAND FORKS, ND 58201 INSURER E: PERSONAL & ADV INJURY $ INSURER F; COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSLTR TYPE OF INSURANCE ADDL INSR SUBR WVO POLICY NUMBER POLICY EFF MWDD/YYYY POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES (E. RENTED $ MED EXP (Any one person) $ CLAIMS -MADE OCCUR PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO LOC JECT $ AUTOMOBILE LIABILITY BIDLIMIT $ EOMaBIc NE BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS Per accident) tid BODILY INJURY ( ) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ Per acadent UMBRELLA LIAB OCCUR EACH OCCURRENCE $ _ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DEO I I RETENTION $ $ WORKERS COMPENSATIONWC STATU- OTH- AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NIA T R L TS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below A ARCHITECTS & ENGR PPL10002972304 2/17/2015 02117/2016 EACH CLAIM: $2,000,000 PROFESSIONAL LIAB AGGREGATE: $2,000,000 CLAIMS MADE DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) P05097 2013 001 BOZEMAN WATER FACILITY PLAN UPDATE The following supersedes the cancellation wording: Should any of the above described policies be cancelled before the expiration date, 30 Days written notice (10 Days for Non -Payment) will be delivered to the certificate holder. The City of Bozeman SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 East Olive ACCORDANCE WITH THE POLICY PROVISIONS. Bozeman, MT 59715 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. 110/05) 1 of 1 The ACORD name and logo are registered marks of ACORD N2/M677707 DLO This page has been left blank intentionally.