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HomeMy WebLinkAbout15- Advanced Engineering and Environmental Services for Lyman Spring System ExpansionPROFESSIONAL SERVICES AGREEMENT 21 THIS IS AN AGREEMENT made as of August, , 2015, between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, 59715 (OWNER) and Advanced Engineering and Environmental Services, Inc., Montana, (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 Lyman Creek System Expansion PER) are hereby incorporated in and made part of this Agreement. ARTICLE I - ENGINEERING SERVICES 1.1. The detailed description of the specific project components is described as follows: Lyman Spring System Expansion — Phase 1 (detailed description provided in Exhibit A): Task 1.0 — Project Management Task 1.1 — City of Bozeman Property Line and Topographic Survey Task 1.2 — Lyman Spring Study Task 1.3 — Test Well Drilling 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 Scott Buecker. 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. 4.1.7. Prepare a Report (Lyman Spring Study, as detailed in Exhibit A) 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. 4.1.8. Furnish three 3 copies and searchable PDF copy of the Study and Report documents and review them in person with OWNER. 4.1.9. Provide property line and topographic survey as detailed in Exhibit A. 4.1.10. Provide oversight and management of Test Well Drilling as detailed in Exhibit A. ENGINEER shall obtain from OWNER a separate written authorization to proceed prior to performing work on Test Well Drilling as detailed in Exhibit A The Pre -design Investigation Phase will be completed and submitted within 365 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 ENGMEER'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 sections 4.1 through 4.3 of this agreement pay a total sum in the amount of $131,511 for such services. The OWNER shall pay a not to exceed amount for Test Well Drilling subcontractor's services of $180,000. 6.1.2 Payment Schedule. Total cumulative payments for Basic Engineering Services shall conform to the actual progress achieved with respect to the tasks and respective estimated fees identified in Exhibit A. Total cumulative payments for Test Well Drilling subcontractor's services shall conform to the actual progress achieved with respect to a Time and Materials cost schedule between ENGINEER and drilling subcontractor. The final contract payment will reflect actual work completed and may be for less than the not to exceed amount of $180,000. In that case, the amount paid under this agreement will be amended for the revised amount. ENGINEER agrees that payment for work performed for Test Well Drilling as detailed in Exhibit A will only be made after a written authorization to proceed, as required by section 4.1.10 of this agreement, is provided by the OWNER. 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. 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 $ 65.38 /hour (Calculate for Weisenburger) Project Manager $ 60.01 /hour (Calculate for Buecker) Clerical $ 20.50 /hour (Calculate for Mardi Osterman) 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 and 6.2. Final payment shall be made only after acceptance of the project by the OWNER. If OWNER disputes the amount of the billing, OWNER will notify the ENGINEER in writing within ten (10) calendar days of the receipt of bill of the dispute. 8.2 REQUESTS FOR PAYMENT. Each request for payment shall include a documentation summary of the period incremental man hours incurred, direct labor rates and billed rates, detail of reimbursable costs, total period billing, and total cumulative billing. When requested by OWNER services for distinct project segments shall be accounted and billed separately. 8.3 PAYMENT UNDER TERMINATION. In the event of termination by the OWNER upon the completion of any phase of the Basic Services, progress payments due ENGINEER for services rendered through such phase shall constitute total payment for such services. In the event of such termination by OWNER during any phase of the Basic Services, ENGINEER also will be reimbursed for the charges of pre -approved independent professional associates and consultants employed by ENGINEER to render Basic Services, and paid for services rendered during that phase on the basis of the payment provisions of the Agreement. In the event of any such termination, ENGINEER will be paid for unpaid pre - approved Additional Services and unpaid Reimbursable Expenses which are authorized under this agreement. ARTICLE 9 - GENERAL CONSIDERATIONS 9.1 TERMINATION OF AGREEMENT 9.1.1 The sole right is hereby reserved to the OWNER to terminate this Engineering Agreement for any and all causes or for its convenience at any time upon fifteen (15) days written notice to the ENGINEER. 9.1.2 If termination for default is effected by the OWNER, an equitable adjustment in the price provided for in this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the ENGINEER at the time of termination may be adjusted to cover any additional costs to the OWNER because of the ENGINEER's default. If termination for convenience is effected by the OWNER, the equitable adjustment shall include a reasonable profit, as determined by owner, for services or other work performed. The equitable adjustment for any termination shall provide for payment to the ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the ENGINEER relating to commitments which had become firm prior to the termination. 9.1.3 Upon receipt of a termination action under paragraph 9.1.2, the ENGINEER shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the OWNER within ten (10) days copies of all data, design drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the ENGINEER in performing this Agreement, whether completed or in process. 9.1.4 In the event this Contract is terminated prior to completion, the original copies of the ENGINEER'S data, recommendations, plans, specifications, analysis and other related documents prepared by the ENGINEER prior to said termination shall be delivered to and become the property of the OWNER. 9.1.5 Upon termination, the OWNER may take over the work and may award another party an Agreement to complete the work under this Agreement. 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 tide 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 Employers' Liability_ General Liability: Bodily Iniuiy & Property Damage Single and combined General Aggregate: Excess Liability Coverage (umbrella) Automobile: Bodily Injuty covering all automobiles, trucks, tractors, trailers, or other automotive equip- ment whether owned or rented by Engineer or owned by employees of Engineer. Property Damage covering all automobiles, trucks, tractors, trailers or other automotive equipment whether owned or rented by Engineer or owned by employees of Engineer OR Limits $ 100,000. per accident $ 1,000,000. per accident $ 2,000,000. $1,000,000. each occurrence $ 1,000,000 each person $ 1,000,000 each occurrence $ 100,000 each occurrence 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. 0 9. 10 OWNERSHIP OF DOCUMENTS The parties admit and agree the documents produced under this agreement are not intended or represented to be suitable for reuse by OWNER or any other individual on any other project. Any reuse without written verification or adaptation by ENGINEER will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER's independent professional associates or consultants. Files in electronic media format of text, data, graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of owner. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. 9.11 PUBLIC INFORMATION The ENGINEER shall not issue any statements, releases or information for public dissemination without prior approval of the OWNER. 9.12 PROPRIETARY RIGHTS If patentable discoveries or inventions should result from work required herein, all rights accruing from such discoveries or inventions shall be joint property of the ENGINEER and the OWNER. Provided that the OWNER, state agencies or political subdivisions and the United States Government shall have the irrevocable, nonexclusive, nontransferable and royalty -free license to use each invention in the manufacture, use and disposition, according to law, of any article or material, and in the use of any method that may be developed as part of the work described and contemplated herein. 9.13 RECORDS The ENGINEER shall maintain accounting records and other evidence pertaining to the cost incurred and to make the records available at all reasonable times during the Contract term and for one (1) year from the date of final payment. Such accounting records and other evidence pertaining to the cost incurred will be made available for inspections by OWNER. 9.14 SUCCESSORS IN INTEREST The covenants, agreements and all statements in this Contract apply to and shall be binding on the heirs, personal representatives, successors and assigns of the respective parties. 10 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. In witness Whereof, the Parties hereto do make and execute this Agreement. CITY OF BOZEMAN, MONTANA ENGINEER BY:� _ BY: (City Manager) ( perations Manager) DATE: ATTEST. �'0 Z�� 1J O v d . it � ✓. ' �'i. • Ci Clerk) -� CO DATE: Bozeman Lyman Creek System Expansion PER City of Bozeman, Montana Exhibit A. Scope and Fee Description for Lyman Creek System Expansion Phase 1: Site Survey and Lyman Spring Assessment Report Task 1.0 Project Management Task 1.1 City of Bozeman Property Line and Topographic Survey Task 1.2 Lyman Spring Study Task 1.3 Test Well Drilling Phase 2: Preliminary Engineering Report (NOTE: TO BE NEGOTIATED AFTER COMPLETION OF PHASE 1) Task 2.0 Project Management Task 2.1 Water Supply and Rights Assessment Task 2.2 Preliminary Engineering Report 1IPage Bozeman Lyman Creek System Expansion PER City of Bozeman, Montana Phase 1 of 2 - Site Survey and Lyman Spring Assessment Report Task 1.0 - Project Management Tasks • Overall Management of Schedule and Budget for Project • Development of Project Management Plan • Bi -Weekly Team Coordination Conference Calls • Bi -Weekly Progress Reports Deliverables • Project Management Plan • Bi -Weekly Progress Reports Total (Proposed • 48 Hours Hours/Total Fee) • $8,429 Task 1.1— Site Survey Tasks • Provide property boundary line, topographical survey and utility locates for the northeastern half of the uppermost City of Bozeman Property (Geocode: 06-0905-21-4-01-01-0000, 160 acres), from the Upper Surface Water Diversion Pond to Spring Box Area, 40 ft wide strip centered on the canyon floor, approximately 1,600 LF and from the Spring Box Area to Upper COB Property Boundary, 40 ft wide strip centered on the canyon floor, approximately 1,000 LF. Deliverables • Survey map including: o Northern and Eastern City of Bozeman Property Line Boundary for 06- 0905-21-4-01-01-0000 o Contour Lines o Existing Facilities/Utilities o Spring Boxes o Transmission Line o Flow Control Box Total Proposed Hours • Flat Fee Basis, see detailed Survey Proposal, attached and Fees • $9,578 Task 1.2 — Lyman Spring Study (Lyman Spring Hydrologic Assessment, Structural Geology and Aquifer Tapping Recommendation) Tasks • ENGINEER shall prepare a report that compiles existing hydrologic data on Lyman Spring, details the structural geology of Lyman Canyon, and provides a recommended path forward for tapping the spring/aquifer to improve yield. This work shall include the following tasks: o Compile and summarize existing hydrologic data on the spring collection system o Compile and summarize existing information on the structural geology of Lyman Canyon o Conduct Field Study 2�i'a� Bozeman Lyman Creek System Expansion PER City of Bozeman, Montana Task 1.3 —Test Well Drilling ■ Map discontinuities in rock mass to assess fracture orientations • ENGINEER shall procure drilling subcontractor with spring water resource o Update and refine geologic mapping of the area drilling experience. Drilling operation shall consist of the following: ■ Provide new geologic map on the background map showing o Mobilization and Demobilization of drilling crews and equipment to COB property boundaries and topography of the area Lyman Canyon developed in Task 1.1. o Excavation/Earthwork/Site Work for drill rig positioning and entry ■ Provide geologic cross section of canyon in the area of the point preparation existing springs. o Installation of 6 -inch steel surface casing o ENGINEER shall recommend drilling method, location, number of o Hole Liner (PVC) Installation holes, orientation, depth, and final well installation strategy o Slotted PVC well pipe installation o Assess potential impact on Water Rights, and outline any o Pulling of casing foreseeable permitting requirements o Furnishing and installing piping and valving for control of water from o Compile all information into Lyman Spring Assessment Report the test wells o Conduct workshop with the City presenting the results of the • ENGINEER shall provide oversight and management of ENGINEER's Study Deliverables • Lyman Spring Study, including • ENGINEER shall monitor and record drilling activities o Geologic Map on Site Survey o Borehole logging and evaluation rock mass properties/lithology and o Geologic Cross Section Total Proposed Hours • 358 Hours and Fees • $62,862 Task 1.3 —Test Well Drilling Tasks • ENGINEER shall procure drilling subcontractor with spring water resource drilling experience. Drilling operation shall consist of the following: o Mobilization and Demobilization of drilling crews and equipment to Lyman Canyon o Excavation/Earthwork/Site Work for drill rig positioning and entry point preparation o Installation of 6 -inch steel surface casing o Hole Liner (PVC) Installation o Slotted PVC well pipe installation o Pulling of casing o Furnishing and installing piping and valving for control of water from the test wells • ENGINEER shall provide oversight and management of ENGINEER's drilling subcontractor • ENGINEER shall monitor and record drilling activities o Borehole logging and evaluation rock mass properties/lithology and water production (estimate) from borehole(s) during drilling. o Measure field water quality parameters of the water from the new borehole or drain during drilling (temperature, pH, turbidity) o Manage drill cuttings and return flows (require the drilling contractor to prevent cuttings and new water from entering existing spring box during drilling). Manage return of water to Lyman Creek or, if turbidity limits cannot be met, disposal to landfill lagoons. o Background Monitoring —flow and water quality monitoring of 31;1aje Bozeman Lyman Creek System Expansion PER City of Bozeman, Montana 4 1 P a g - existing spring source during drilling operation ■ ENGINEER shall measure water production and quality (temperature, pH, turbidity) from each well for 72 hours. • Collect one water sample from each well or drain for laboratory analysis for all contaminants included in Montana DEQ -7 Numeric Water Quality Standards, and tritium (age). • Analyze Testing/Study Results o Compile and Summarize Drilling Tests and Results o Compile and Summarize Groundwater Quality Analyses • Upon completion, new well or drain will be connected to existing spring box collection vault, or routed to Lyman Creek, depending on permit and water rights impacts work. • Provide water rights and permitting analysis of interim condition, and recommend action (if required) on modification of water right or permit procurement. Deliverables • Technical Memorandum detailing drilling and testing results, final well construction, interim monitoring recommendations and water rights and permitting impacts Total Proposed Hours • Hours: N/A, see attached spreadsheet. and Fees • Fee: Not to exceed $230,641. 4 1 P a g - Bozeman Lyman Creek System Expansion PER City of Bozeman, Montana NOTE: Scope of Phase 1 will be refined upon completion of Phase 1. Scope and fee for engineering services will be negotiated with the City at that time. The following is a preliminary scope description for Phase 2 for informational purposes, that will be revised as necessary. Phase 2 - Preliminary Engineering Report Task 2.0 -Project Management Tasks • Overall Management of Schedule and Budget for Project • Development of Project Management Plan • Bi -Weekly Team Coordination Conference Calls • Bi -Weekly Progress Reports Deliverables • Project Management Plan • Bi -Weekly Progress Reports Total (Proposed • Hours TBD Hours/Total Fee) • Fee TBD Task 2.1— Water Supply and Rights Assessment Tasks • Utilize results of Phase 1 to estimate future water supply that will be obtainable from new groundwater infrastructure • Revisit Integrated Water Resource Plan to assess potential seasonal optimization of the Lyman water supply and effect on other City water rights • Assess the need for and potential risk -benefit of a Water Rights modification. Deliverables • Water Supply and Rights Assessment Total Proposed Hours • Hours TBD and Fees • Fee TBD Task 2.2 — Preliminary Engineering Report Tasks • Utilizing results of water supply and rights assessment, ENGINEER shall provide Preliminary Engineering Report for all new facilities necessary to treat, store and distribute potable water from the Lyman System: o Final Well/Drain Sizing — depending on flow monitoring of the test wells installed in Phase 1, one or more horizontal drains will be upsized with screened casing, with control valving and finishing pipe at the well/drain head. o Storage Reservoir(s) ■ Location ■ Preliminary Hydraulic Grade Line Analysis ■ Geotechnical Report ■ Construction Material Selection ■ Telemetry/Controls 511-1agE Bozeman Lyman Creek System Expansion PER City of Bozeman, Montana o Transmission Pipelines ■ Conveyance from Lyman Spring source to new Chemical Treatment Facility and Storage Reservoir(s) ■ Conveyance from new Storage Reservoir(s) to City ■ PRV/Pressure Zone Model Analysis and Instrumentation and Controls ■ ENGINEER will utilize Water System Model to evaluate current PRV stations, determine need for new stations and locations and setpoints. ■ ENGINEER will refine hydraulic profiles and operational narratives. ■ Power Generation: ENGINEER will evaluate potential for new microhydro facilities. These recommendations will include energy production potential, optimal locations, controls, electrical and I&C requirements and functionality. o Electrical and I&C: ENGINEER will evaluate modifications to the City's SCADA system to accommodate new monitoring and control functionality for the Lyman System. o Develop plan for decommissioning and demolition of Lyman Reservoir Deliverables • Lyman Creek System Expansion Preliminary Engineering Report Total Proposed Hours • Hours TBD and Fees • Fee TBD 61Pa�,P- Bozeman Lyman Creek System Expansion PER City of Bozeman, Montana Fee Summary: Task No. I Description Fee Phase 1: Site Survey and Lyman Spring Assessment Report Task 1.0 Project Management $8,429 Task 1.1 City of Bozeman Property Boundary and Topographic Survey $9,578 Task 1.2 Lyman Spring Study $62,862 Task 1.3 Test Well Drilling $230,641 Phase 1 Fee Subtotal $311,511 Phase 2: Preliminary Engineering Report Task 2.0 Project Management TBD Task 2.1 Water Supply and Rights Assessment TBD Task 2.2 Preliminary Engineering Report TBD Phase 2 Fee Subtotal TBD Total Estimated Fee: TBD 71Paa Client#: 7241 ADVAELEI ACORD,, CERTIFICATE OF LIABILITY INSURANCE ATE (MM/DD/ YYYY) DATE 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 612 349-2400 FAX 612 349 2490 AlC, No, Ext : A/C, No E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# MINNEAPOLIS, MN 55402 INSURER A: ENDURANCE AMERICAN SPECIALTY IN 10641 INSURED ADVANCED ENGINEERING & ENVIRONMENTAL INSURER B: SERVICES INC INSURER C: COMMERCIAL GENERAL LIABILITY 4050 GARDEN VIEW DR SUITE #200 INSURER D: GRAND FORKS, ND 58201 INSURER E : 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. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES (Ea RENTED $ CLAIMS -MADE El OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ POLICY PRO- LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Pera ccident NON -OWNED HIRED AUTOS AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN N WCTRY STATU- OTH- LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) E.L. DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below A ARCHITECTS & ENGR PPL10002972304 2/17/2015 02/17/2016 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) P05097-2014-004 BOZEMAN LYMAN CREEK SYSTEMS IMPS THE CITY OF BOZEMAN 20 EAST OLIVE BOZEMAN, MT 59715 ACORD 25 (2010/05) 1 of 1 #S7292561M677707 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. The ACORD name and logo are registered marks of ACORD TJ L Client#: 7241 ADVAELEI ACORD., CERTIFICATE OF LIABILITY INSURANCE D/YYYY) DATE (MM(D7/E(MMID 5 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 MINNEAPOLIS, MN 55402 CONTACT NAME: PHONE 612 349-2400 F4't (A/CEll): AIc, No):612 349 2490 a Lo, ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: ZURICH AMERICAN INSURANCE COMPA INSURED INSURER 13: AMERICAN GUARANTEE & LIAB INS ADVANCED ENGINEERING & ENVIRONMENTAL MED EXP (Any one person) $10,000 SERVICES INC INSURER C : GEN'L AGGREGATE LIMIT APPLIES PER: POLICYFX PRO-JECT X LOC 4050 GARDEN VIEW DR SUITE #200 INSURER D: A GRAND FORKS, ND 58201 INSURER E: 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. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I OCCUR X CONTRACTUAL PER X POLICY AND XCU GLOO137086 10/04/2014 10/04/2015 EACH OCCURRENCE $1,000,000 PREMISESOEaEoNceur ante $300,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE 52,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICYFX PRO-JECT X LOC PRODUCTS - COMP/OP AGG 52,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS BAP0137085 10/04/2014 10/04/201 (CEO accidentSOMBINED INGLE LIMIT $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident 5 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 I RETENTION $0 S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A WC0137088 10/04/2014 10/0412015 X I WC TATU- OTH- TO SY LIMITS ER E.L. EACH ACCIDENT $1,000,000 EL. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT 1 51,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) P05097-2014-004 BOZEMAN LYMAN CREEK SYSTEMS IMPS ADDITIONAL INSURED ONLY IF REQUIRED BY WRITTEN CONTRACT WITH RESPECT TO GENERAL LIABILITY: THE CITY OF BOZEMAN 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. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S729255/M682804 TJL