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HomeMy WebLinkAboutRFP - Valley Center Lift Station REQUEST FOR PROPOSALS (RFP) VALLEY CENTER LIFT STATION AND FORCE MAIN CITY OF BOZEMAN Bozeman, MT City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 March 2023 I. INTRODUCTION The City of Bozeman (Owner), is seeking proposals from firms to provide engineering design and construction services for the installation of a lift station and force main to convey wastewater flows from the Valley Center Spur Road to the interstate crossing in the southeast quadrant of Davis Lane and Valley Center Road. The Owner intends to enter into a contract with the selected firm that will include design, and construction phase services. This RFP shall not commit the Owner to enter into an agreement, to pay any expenses incurred in preparation of any response to this request, or to procure or contract for any supplies, goods or services. The Owner reserves the right to accept or reject all responses received as a result of this RFP if it is in the Owner's best interest to do so. This procurement is governed by the laws of the State of Montana and venue for all legal proceedings shall be in the 18th Judicial District Court, Gallatin County. By offering to perform services under this RFP, all Submitters agree to be bound by the laws of the State of Montana and of the Owner, including, but not limited to, applicable wage rates, payments, gross receipts taxes, building codes, equal opportunity employment practices, safety, non-discrimination, etc. II. PROJECT BACKGROUND AND DESCRIPTION In conjunction with a private development, the City had an evaluation completed to review options for splitting the Hidden Valley Lift Station service area into two service areas. This would include installation of a new Valley Center Lift near the intersection of Valley Center Drive and the Valley Center Spur Road. The analysis was incorporated into a Technical Memorandum (attached) and submitted to the City Commission for approval as an addendum to the current (2015) Wastewater Collection Facility Plan Update. The approved alternative was for the new Valley Center Lift Station to be designed to convey a peak flow of 1620 gpm, have an inlet pipe size of 15" and a 12" force main. The City is the contracting agent for the project. The project will be paid for using ARPA funds supplemented by City funds if necessary. III. SCOPE OF SERVICES • Provide complete design, construction management, and inspection services for the completion of the improvements. Services shall include but not be limited to surveying, geotechnical, structural, architectural, mechanical, special inspections if necessary, electrical and SCADA/communications, landscape and site plan. • Prepare a contract document and specification manual for the project. The project will be bid using QuestCDN so all front end documents will need to be adjusted to reflect that. The consultants QuestCDN account will be used with the City given Owner privileges. • Prepare an Engineering Design Report which conforms with DEQ Circular 2, Design Standards for Public Sewage Systems. Prepare and submit as needed information to support MDEQ review and approval. • Work with the Montana Fish, Wildlife and Parks, DNRC, MDEQ MDT, and the Army Corps of Engineers to obtain all necessary permits for the project (i.e., 124, 404, Turbidity exemption, encroachment/utility occupancy, etc.). • Coordinate with the City's right of way acquisition consultant to acquire all necessary easements/rights of way to complete the improvements. • Perform soils and pavement design evaluations as necessary. • Provide wetland delineation and mitigation alternatives as necessary. • Provide project bidding and award assistance. • Participate as necessary in any public involvement activities required for the project. • Assist as necessary with required submittals to the ARPA funding agencies. This will include but not be limited to preparing a MEPA checklist for the project. IV. PROPOSAL REQUIREMENTS Firms interested in providing the services described above are requested to submit the following information. 1. Project management chart. 2. Proposed general time schedule, including start and completion dates. 3. Specific current workloads of the proposed project team members. 4. At the discretion of the firm, no more than five typewritten single spaced pages, more fully describing the firm's qualifications and approach for the specific project. 5. At the discretion of the firm, a company brochure. 6. A completed and signed Non-Discrimination Affirmation Form(REQUIRED) V. DELIVERY DEADLINE AND INSTRUCTIONS Deliver RFPs via email to the City Clerk (agenda@bozeman.net) by March 24, 2023, at 5:00 MST. It is the sole responsibility of the proposing party to ensure that proposals are received prior to the closing time as late submittals will not be accepted and will be returned unopened. All proposals must be provided as a single, searchable PDF document file and be submitted digitally as an email attachment to the RFP Recipient email address below. Respondents are advised that Recipient's email attachment size limit is 25MB and that only one PDF file will be allowed per response. The subject line of the transmittal email shall clearly identify the RFP title, company name and due date/time. File sizes greater than 25MB in size may be uploaded to the City Clerks' Office upon special arrangement of the Recipient; however, it is the respondent's sole responsibility to ensure the file upload is completed, and that the Recipient is separately notified via email of same, prior to the given deadline. VI. CONTACT INFORMATION Any administrative questions regarding proposal procedures should be directed to: Mike Maas, City Clerk, (406)582-2321, agenda@bozeman.net Questions relating to scope of services should be directed to: Bob Murray P.E., Project Engineer, (406) 582-2280, bmurray@bozeman.net. VII. QUALIFICATIONS EVALUATION CRITERIA Respondents to requests for proposals shall be evaluated on the following criteria and the requirements of 18-8-201 et seq. MCA with the selection committee choosing, in its opinion, the most qualified firm to provide the services required for the proposed project. The qualifications of professional personnel to be assigned to the project. Related experience on similar projects; Capability to meet project time and budget requirements; Location of firm in relation to project; Present and projected workloads; and Recent and current work for the City of Bozeman. The selection will be based on an evaluation of the written responses to the request for proposals and interviews of selected firms if deemed necessary. Award will be made following contract negotiations to the most qualified firm at a price which the City determines to be fair and reasonable taking into account the estimated value of services to be rendered, as well as the scope, complexity and professional nature thereof. If the City is unable to negotiate a satisfactory contract with the firm initially selected at a price the agency deems to be fair and reasonable, negotiations with that firm will be formally terminated and the agency shall select another firm, in accordance with 18-8-204 MCA, and continue until an agreement is reached or the process is terminated. All proposals must be submitted complete and contain the information required as stated in this "Request for Proposals." Vill. FORM OF AGREEMENT The professional services agreement that will be used on the project is attached for review. Only project specific changes to Articles 1- 6 will be considered. No other changes to the contract language will be allowed. IX. CITY RESERVATION OF RIGHTS/ LIABILITY WAIVER All proposals submitted in response to this RFP become the property of the City and public records and, as such, may be subject to public review. A SUBMISSION IN RESPONSE TO THIS REQUEST FOR QUALIFICATIONS CONFERS NO RIGHTS UPON ANY RESPONDENTS AND SHALL NOT OBLIGATE THE CITY IN ANY MANNER WHATSOEVER. THE CITY RESERVES THE RIGHT TO MAKE NO AWARD AND TO SOLICIT ADDITIONAL REQUEST FOR QUALIFICATIONS AT A LATER DATE. A. This RFP may be canceled or any or all responses may be rejected in whole or in part, as specified herein, when it is in the best interests of the City. If the City cancels or revises this RFP, all Respondents who submitted will be notified using email. B. The City reserves the right to accept or reject any and all proposals;to add or delete items and/or quantities;to amend the RFP;to waive any minor irregularities, informalities, or failure to conform to the RFP;to extend the deadline for submitting proposals; to postpone award for up to 60 days;to award one or more contracts, by item or task, or groups of items or tasks, if so provided in the RFP and if multiple awards or phases are determined by the City to be in the public interest. C. The City of Bozeman reserves the right to reject the proposal of any person/firm who previously failed to perform properly to the satisfaction of the City of Bozeman, or complete on time agreements of similar nature, or to reject the proposal of any person/firm who is not in a position to perform such an agreement satisfactorily as determined by the City of Bozeman. D. The City of Bozeman reserves the right to determine the best qualified Engineer and negotiate a final scope of service and cost, negotiate a contract with another Engineer if an agreement cannot be reached with the first selected Contractor, or reject all proposals. E. The professional services contract between the City of Bozeman and the successful Engineer will incorporate the Engineer's scope of service and work schedule as part of the agreement. F. This RFP does not commit the City to award a contract. The City assumes no liability or responsibility for costs incurred by firms in responding to this request for proposals or request for interviews, additional data, or other information with respect to the selection process, prior to the issuance of an agreement, contract or purchase order. The Engineer, by submitting a response to this RFP, waives all right to protest or seek any legal remedies whatsoever regarding any aspect of this RFP. G. The City reserves the right to cancel, in part or in its entirety, this RFP including, but not limited to: selection procedures, submittal date, and submittal requirements. If the City cancels or revises this RFP, all Engineers who submitted proposals will be notified using email. H. Projects under any contract are subject to the availability of funds. X. NONDISCRIMINATION AND EQUAL PAY POLICY The City of Bozeman requires each entity submitting under this notice shall affirm, on a separate form provided,that it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, sexual preference, gender identity,or disability in fulfillment of a contract entered into forthe services identified herein and that this prohibition on discrimination shall apply to the hiring and treatment of the submitting entity's employees and to all subcontracts it enters into in the fulfillment of the services identified herein. Failure to comply with this requirement shall be cause for the submittal to be deemed nonresponsive. The City also requires each entity submitting under this notice shall affirm it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA(the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work "best practices" website, https://eguaIpay.mt.gov/BestPractices/Employers, or equivalent "best practices publication and has read the material. XI. MISCELLANEOUS A. No Oral Agreements. No conversations or oral agreements with any officer, employee, or agent of the City shall affect or modify any term of this solicitation. Oral communications or any written/email communication between any person and City officer, employee or agent shall not be considered binding. B. No Partnership/Business Organization. Nothing in this solicitation or in any subsequent agreement, or any other contract entered into as a result of this solicitation, shall constitute, create, give rise to or otherwise be recognized as a partnership or formal business organization of any kind between or among the respondent and the City. C. Employment Restriction and Indemnity. No person who is an owner, officer, employee, contractor, or consultant of a respondent shall be an officer or employee of the City. No rights of the City's retirement or personnel rules accrue to a respondent, its officers, employees, contractors, or consultants. Respondents shall have the responsibility of all salaries, wages, bonuses, retirement, withholdings, worker's compensation and occupational disease compensation, insurance, unemployment compensation other benefits and taxes and premiums appurtenant thereto concerning its officers, employees, contractors, and consultants. Each Respondent shall save and hold the City harmless with respect to any and all claims for payment, compensation, salary, wages, bonuses, retirement, withholdings, worker's compensation and occupational disease compensation, insurance, unemployment compensation other benefits and taxes and premiums in any way related to each respondent's officers, employees, contractors and consultants. D. Accessibility. Upon reasonable notice,the City will provide assistance for those persons with sensory impairments. For further information please contact the ADA Coordinator Mike Gray at 406-582-3232 or the City's TTY line at 406-582-2301. E. Procurement.When discrepancies occur between words and figures in this solicitation, the words shall govern. No responsibility shall attach to a City employee for the premature opening of an RFP not properly addressed and identified in accordance with these documents. F. Governing law.This solicitation and any disputes arising hereunder or under any future agreement shall be governed and construed and enforced in accordance with the laws of the State of Montana, without reference to principles of choice or conflicts of laws. XII. ATTACHMENTS The following exhibits are incorporated in this RFP: None. Attachments: Non-Discrimination Affirmation AE2S Technical Memorandum Professional Services Agreement END OF RFP NONDISCRIMINATION AND EQUAL PAY AFFIRMATION (name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer's employees and to all subcontracts. In addition, (name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work "best practices" website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent "best practices publication and has read the material. Name and title of person authorized to sign on behalf of submitter A www.ae2s.com TECHNICAL MEMORANDUM To: John Alston, Director of Utilities Lance Lehigh, PE, Interim City Engineer City of Bozeman, MT From: Donovan Voeller, PE, AE2S, Distribution & Collection System Modeling Services Coordinator Re: City of Bozeman (Wastewater Collection Facility Plan Update) Baxter Creek Drainage Basin Analysis Date: December 19, 2022 1 PURPOSE The City of Bozeman (City) is currently experiencing heavy development pressure within its existing service boundary. As a result, a number of proposed developments have recently inquired to the City about developing in future service areas that are located just outside the City's existing service boundary. These particular areas have been identified and reside within the City's long-term buildout boundary, are in the county, and currently do not have the required City services or infrastructure necessary to meet City standards or support development. Although the City fully anticipates to eventually build regional services to support these parcels that could annex and join the City, immediate capital planning needs generally focus on areas within the existing service boundary and may not meet the immediate needs of developers. Therefore, new parcels that annex into the City and want to develop in the short-term are generally told two options by the City. The development can either wait for the City to build the necessary regional infrastructure or build the necessary infrastructure identified within the City's facility plans utilizing their own funding sources. Typically, these facilities are identified in the City facility plans and include regional lift stations, force mains,pressure reducing valves, transmission mains, and other large scale infrastructure to name a few. These particular types of projects can be cost prohibitive to the developer as well as technically challenging. Page 1 of 13 Think Big.Go Beyond. Pj F'S www.ae2s.com Technical Memorandum RE: Bozeman Wastewater Collection System Baxter Creek Drainage Analysis December 19, 2022 Recognizing the challenges associated with development near the City's service boundaries, the immediate need for additional housing, and the large upfront costs associated with regional infrastructure, the City requested AE2S to analyze future lift station alternatives, explicitly within the north part of the Baxter Creek Drainage Basin. The City's existing wastewater facilities collection plan (June 2015) had identified the need for a single large regional lift station to serve the Baxter Creek Drainage Basin. Figure I shows the Baxter Creek Drainage Basin, which is approximately 1,300 acres and is directly west of Davis Lane and north of Cattail Street. Most of the property located within the Baxter Creek Drainage Basin comprises of large unannexed vacant parcels, in which local developers have been inquiring to the City about annexing and ultimately developing. The focus of this analysis and technical memorandum is to evaluate future lift station alternatives within the Baxter Creek Drainage Basin. Specifically, servicing the drainage basin with two smaller regional lift stations vs a single large regional lift station, future considerations of two lift stations, and ultimately whether two lift stations is a practical approach for the City to consider in their long-term facility planning. The final recommendations (Section 7) from this technical memorandum amend the adopted 2015 facility plan and will be utilized as a basis of planning for the Baxter Creek Drainage Basin moving forward. In addition, the results will be incorporated into the City's wastewater facility plan update, which is anticipated to be completed spring of 2023. The following sections provide a technical discussion of the analysis performed as well as the final recommendation to the City. 2 MODELING PARAMETERS The City's wastewater collection system model (InfoSWMMv.14.7) was used to assess the collection system under wet weather full-buildout conditions. The Draft Bozeman Wastewater Collection System Facility Plan Update, hereafter known as the BWWCS, established the following design and wet weather analysis criteria based on requirements from the Montana Department of Environmental Quality (DEQ), the City, and recommended industry standards. • Design Storm for Wet Weather Event: 0 25-year, 24-hour o Storm Depth: 1.99 inches o SCS Type I Distribution • Minimum Velocity for force mains: Page 2 of 13 Think Big.Go Beyond. pj AE2S www.ae2s.com Technical Memorandum RE: Bozeman Wastewater Collection System Baxter Creek Drainage Analysis December 19, 2022 0 2 feet per second (ft/s) (MDEQ standard) 0 3 ft/s (City standard) • Maximum Velocity for force mains: o 8 ft/s (MDEQ standard) • Maximum Gravity Sewer Flow Depth d/D: o 0.75 (City standard) • Minimum Pipe Slope: o Per MDEQ and City Standards. • Base Groundwater Flow: o 550 gallons per acre per day(gpad) • Domestic Wastewater Loading: 0 1,270 gpad for Urban Residential growth areas. 0 2,100 gpad for R4, High Density Residential (20 units per acre) growth areas. 3 SINGLE REGIONAL LIFT STATION In both the adopted facility plan and the Draft BWWCS, a single regional lift station, referred to as the Hidden Valley Lift Station (HVLS) was identified to serve future development within the Baxter Creek Drainage Basin. Figure 2 shows the HVLS location, facility planning collection network layout concepts, and the overall Baxter Creek Drainage Service boundary area. In addition, the figure also shows a small portion of drainage area located within the Baxter Creek Service boundary that could possibly gravity drain to the east into the adjacent Cattail Creek Drainage Basin (Davis Lane). The gravity drainage area shown in Figure 2 is strictly for high- level planning purposes, facility planning sizing considerations, and ultimately to provide the City staff with a general understanding of topological conditions in the planning region. The final collection system layout for the Baxter Creek Drainage Basin is highly dependent on future development within the basin, utility and infrastructure layouts, tie-in locations, and site specific grading. It should be noted that the City strictly prohibits wastewater flow transfers into neighboring basins or commonly referred to as "basin jumping". Maintaining long-term drainage basin integrity and allocated modeled capacity must be preserved. As such, the City has maintained a strict policy on drainage basin integrity. Although this analysis has identified portions of the Baxter Creek Drainage area that could potentially gravity flow into the adjacent basin,facility sizing is based on the entire drainage area. Based on discussions with the City, any new developments that could potentially gravity drain into the adjacent basin would need to be reviewed and analyzed on a case by case basis. Page 3 of 13 Think 83g.Go Beyond. www.ae2s.com Technical Memorandum RE: Bozeman Wastewater Collection System Baxter Creek Drainage Analysis December 19, 2022 The conceptual layout for a single lift station would require a minimum 15-inch trunk sewer main on Valley Center Rd to service the Baxter Creek Drainage Basin. The 15-inch main would collect wastewater flows from the Baxter Creek Drainage Basin developments and covey the flows to the HVLS. The peals wet weather flow into the lift station was modeled at 2,230 gallons per minute (gpm). Wastewater that enters the regional HVLS would then be pumped via a 14- inch force main to the existing 27-inch interceptor sewer on Davis Lane near the intersection of East Valley Center Road. At the connection point in Davis Lane, the wastewater flows by gravity across the interstate into the City's Davis Lane Lift Station and is finally pumped to the City's wastewater recovery facility(WRF). For this facility planning level analysis the size of the regional HVLS was based on the growth area being primarily Urban Residential with a domestic wastewater duty factor of 1,270 gpad established in the Draft BWWCS. As the City moves towards final implementation of the lift station, the wastewater duty factors should be revisited and verified against proposed zoning to ensure adequate capacity exists for future development. 4 CONSIDERATIONS FOR LIFT STATION ALTERNATIVES As stated previously, recent development requests have identified the need for City provided services in the Baxter Creek Drainage Basin. The most recent facility planning efforts have identified a need for a regional lift station in the northwest corner of the Baxter Creek Drainage Basin that would service the entire basin. However, given the location and easement requirements, a single lift station for the drainage area could be difficult to implement in a timely fashion. Furthermore, regional concepts that the City is currently studying could possibly reduce the need for the HVLS in the long-term. Therefore, to expedite sewer utility service in the Baxter Creek Drainage Basin, the City requested an evaluation of future lift station alternatives. Specifically, servicing the Baxter Creek Drainage Basin with two smaller lift stations vs a single lift station. Lift station and collection system concepts were evaluated based on lift station capacity, future service area, and overall feasibility based on the following criteria: • Groundwater Considerations: o Propensity for Inflow & Infiltration (I&I). Portions of the City's wastewater service area experiences high ground water which results in high infiltration in the City's collection system. ■ Discussions with City staff concluded that the alternatives should consider that shallower sewer is preferred due to high ground water and I&I within the region. Page 4 of 13 Think Big.Go Beyond. v) 'j AIF�S www.ae2s.com Technical Memorandum RE: Bozeman Wastewater Collection System Baxter Creek Drainage Analysis December 19, 2022 ■ A higher base groundwater infiltration rate was assumed given the location and measure wet-weather inflow information at the WRF. • Constructability: o Construction located within the City right-of-way (ROW): Deep sewer(i.e., 20- ft)requires wider trench width and may require installation within the road. Deeper and wider trenches also require higher restoration efforts and costs. o Availability of maintenance equipment and access to infrastructure: The City's maintenance equipment currently supports sewer depths of approximately 15 ft. Deep sewer will require additional maintenance equipment or external contracting to complete maintenance and system repairs. In addition,the depth requires a larger excavation and easement area,which could be difficult to obtain. ■ Discussion with City staff concluded that deep sewer should be avoided when other feasible options exist. • Consideration of Davis Lane Service Area: o A portion of growth area has the potential to gravity flow to either the trunk sewer in Davis Lane or to the future lift stations within the Baxter Creek Drainage Basin. Each alternative was evaluated with and without the contributing flow for the portion that could gravity flow to Davis Lane for planning purposes. Given the high uncertainty for future development as well as allocated capacity within the system, facility sizing is recommended for the full contributing area. o Gravity service connections to the Davis Lane trunk sewer are highly dependent on grading and the layout of future developments. Recommend sizing is based on full contributing sewer shed area and modeled demand allocations. Any future connections would need to be evaluated and approved by the City on a very strict case by case basis. 5 LIFT STATION ALTERNATIVES Two lift station alternatives were identified and further evaluated for delaying or replacing the regional HVLS identified in the Draft BWWCS with smaller lift station options. The alternatives include a second lift station within the Baxter Creek Drainage Basin,which would be located on the south side of East Valley Center Road located east of Stubbs Lane near the East Valley Center Spur Road intersection. This location is advantageous for the City given its location within the sewer shed, location near a future City collector intersection (Ferguson Road), and suitable drainage area topography. For the analysis, both alternatives are located in the same area within the hydraulic model; however, varying lift station depths were considered for each evaluation. The varying depths can Page 5 of 13 Think Big.Go Beyond. www.ce2s.com Technical Memorandum RE: Bozeman Wastewater Collection System Baxter Creek Drainage Analysis December 19, 2022 increase the overall service area of the lift station and is an important factor for lift station sizing as well as maintenance. The two alternatives considered include: Alternative 1 -The first alternative considers a shallow lift station (<15 feet service depth) Alternative 2 -The second alternative considers a deep lift station (>20 feet service depth). For planning purposes, both alternatives 1 & 2 will be referred to as the Valley Center Lift Station (VCLS). Both alternative 1 & 2 hydraulic analyses are discussed and summarized in more detail in the following paragraphs. 5.1 Growth Area Sewer Shed Delineation The growth area topography was reviewed in detail utilizing City provided LiDAR information to determine possible sewer shed delineations between the Davis Lane interceptor, the regional HVLS, and the proposed VCLS. The growth areas are summarized and broken down into the following five sewer sheds. 1. Area within the drainage basin that could flow by gravity to the HVLS. 2. Area within the drainage basin that could flow by gravity to the VCLS. 3. Area within the drainage basin that could possibly flow by gravity to the Davis Lane interceptor(adjacent sewer shed). 4. Area within the drainage basin that could flow by gravity to either the VCLS or the Davis Lane interceptor. 5. Area within the drainage basin that could flow by gravity to either the VCLS or HVLS. Figure 3 provides an overview of the conceptual sewer sheds within the Baxter Creek Drainage Basin. Table 5.1 provides a summary of serviceable sewer shed acreage relatable to the identified growth area within the drainage basin. Review of the sewer sheds indicates that the VCLS alternatives have the potential to serve between 623 to 774 acres. As stated previously, for lift station and infrastructure planning, it is recommended that the City assumes all flow that could gravity drain into Davis Lane be contributed into the VCLS. The final service area will largely depend on the lift station depth and final layout of the sewer network with future developments. Page 6 of 13 Think Big.Go Beyond. FIEZS www.ae2s.com Technical Memorandum RE: Bozeman Wastewater Collection System Baxter Creek Drainage Analysis December 19, 2022 Table 5.1 Baxter Creek Drainage Basin Sewer Shed Acreage Breakdown Shed Numberi Description 1 HVLS Only 543 2 VCLS Only 469 3 I Davis Lane Only" I 19 4 VCLS or Davis Lane 154 5 I VCLS or HVLS 151 Total 1,336 *Acreages are approximate. **Given the topography in this area,the analysis assumes that all sewer flows from this small 19 acre area would gravity drain into Davis Lane. 5.2 Alternative 1 —Shallow Valley Center Lift Station Alternative 1 evaluates a shallow VCLS. Figure 4 presents the sewer shed delineation for the shallow VCLS. Note that the shallow VCLS has the potential to serve 623 acres, which includes the area identified that could be gravity fed into the Davis Lane interceptor. The modeled peak flow into the lift station under this condition is 1,620 gpm. The recommended force main size for this flow rate is 12-inch flowing at a velocity of 4.6 ft/s. The recommended trunk gravity sewer entering the lift station is 15-inch sewer with an approximate invert elevation of 4,587 ft which is estimated to be about 14 ft below grade. Depending on the final design, the shallow VCLS pump size could potentially be reduced to as low as 1,230 gpm if more service area connects directly to the Davis Lane interceptor. However, the recommended force main would remain as 12-inch which would flow at a velocity of 3.5 ft/s. The recommended gravity sewer size is unchanged. Table 5.2 provides a summary of the major infrastructure components required for the shallow VCLS. The table also provides size considerations for flows with and without the Davis Lane service area. Page 7 of 13 Think Big.Go Beyond. Pj AF-2s www.ae2s.com Technical Memorandum RE: Bozeman Wastewater Collection System Baxter Creek Drainage Analysis December 19, 2022 Table 5.2 Alternative 1 - Shallow VCLS Infrastructure Sizing Davis=Shallow VCLS Infrastructure With Davis —01;r_i�� i ent Service Area Service Area Lift Station Size(gpm) 1,620 1,230 Force Main Size(inch) 12 12 Force Main Velocity(ft/s) 4.6 3.5 Trunk Sewer Size(inch) 15 15 Area Served(ac) 623 469 Gravity Main Invert Elevation(ft)and 4,587 4,587 Depth from Grade at LS*(ft) (15) 1 (15) *Approximate elevation and depth to invert from grade for the gravity main at the lift station. 5.3 Alternative 2 — Deep Valley Center Liff Station Alternative 2 evaluates a deeper Valley Center Lift Station (deep VCLS). Figure 5 presents the sewer shed delineation for the deep VCLS. Note that the deeper VCLS increases the potential service area to 774 acres, which includes the area identified that could be gravity fed into the Davis Lane interceptor. The modeled peals flow into the lift station under this condition is 2,015 gpm. The recommended force ).Hain size for this flow rate is 14-inch flowing at a velocity of 4.2 ft/s. The recommended trunk gravity sewer entering the lift station is 15-inch with an approximate invert entering of 1,481 ft which is estimated to be about 20-25 ft below grade. The deep VCLS pump size could potentially be reduced to as low as 1,625 gpm if more service area connects directly to the Davis Lane interceptor. The recommended force main would remain as 14-inch which would flow at a velocity of 3.4 ft/s. The recommended gravity sewer size is unchanged. Table 5.3 provides a summary of major infrastructure components for the deep VCLS. The table also provides a summary of sizes for consideration of flows both with and without the Davis Lane service area. Page 8 of 13 Think Big.Go Beyond. FIE www.ae2s.com Technical Memorandum RE: Bozeman Wastewater Collection System Baxter Creek Drainage Analysis December 19, 2022 Table 5.3—Alternative 2—Deep VCLS Infrastructure Sizing Davis'Deep VCLS With ho Davis Infrastructure Component Lift Station Size(gpm) 2,015 1,625 Force Main Size(inch) 14 14 Force Main Velocity(ft/s) 4.2 3.4 Trunk Sewer Size(inch) 15 15 Area Served (ac) 774 620 Gravity Main Invert Elevation(ft)and 4,581 4,581 Depth from Grade at LS* (ft) (21) (21) *Approximate elevation and depth to invert from grade for the gravity main at the lift station. The deep lift station for Alternative 2 increases the future service area within the Baxter Creek Drainage Basin accessible to the lift station, however, this concept requires sanitary sewer to reach depths of greater than 15 feet (around 20-25 ft). Given the high groundwater within the drainage basin, increasing the sewer depth would create greater susceptibility for I&I and increase maintenance/access costs due to equipment needs. Based on discussion with City staff, existing excavation equipment can access mains around 15 ft in depth. Lastly, increasing the sewer depth proportionally increases the necessary trench size required for deep sewer. A very high-level cursory review of available right-of-way (ROW) along Valley Center Road showed it would be difficult for the City to keep construction within the ROW. Thus, potentially requiring off-site land acquisition and additional equipment for long-term operation and maintenance (O&M). 6 CONSIDERATIONS FOR BAXTER CREEK DRAINAGE BASIN FULL BUILDOUT As the northwest growth area fills in and development continues to push the existing City boundary, future development will require construction of the HVLS. The City has infrastructure sizing to consider for the buildout of the HVLS network with regard to the VCLS alternatives. City considerations for full buildout of the Baxter Creek Drainage Basin and associated lift stations is discussed in further detail below. • Alternative 1 -Shallow VCLS: The first alternative for the VCLS included a shallow lift station. The shallow VCLS provides two options for the City to consider for the buildout of the HVLS and associated sewer network. o Option A: The City could decommission the shallow VCLS at some point in the future and re-route wastewater flow that typically would go to the VCLS to the Page 9 of 13 Think Big.Go Beyond. ,4 FIES www.ae2s.com Technical Memorandum RE: Bozeman Wastewater Collection System Baxter Creek Drainage Analysis December 19, 2022 west. Flow from the VCLS would enter a new gravity sewer that would run west (18 inch trunk main) along East Valley Center Road. The City would then construct the Regional HVLS as originally conceptualized in the 2015 facility plan and Draft BWWCS. On the other hand, if a regional option becomes viable the City could still decommission the shallow VCLS at some point in the future and re-route the wastewater flows to the west towards a regional facility. Thus, eliminating the need for lift stations to service the Baxter Creek Drainage Basin altogether. Figure 2 provides a general overview of regional HVLS or regional option. The concept for the shallow VCLS keeps the lift station relatively shallow. This concept addresses City related concerns around O&M, higher than average groundwater levels, and considers future gravity flow to the west. Again, by keeping the station at higher design elevation the sewer hydraulics would allow the station to be decommissioned to either gravity flow to a single large lift station or a regional facility at a future date. o 0j2tion B: The second option is to keep the shallow VCLS in service for the long- term and construct a smaller HVLS to support the entire build-out of the Baxter Creek Drainage Basin (Figure 4). This option addresses the immediate need of providing sewer service to the Baxter Creek Drainage Basin as well as the long- term buildout of the service area if a regional solution or single-lift station does not become a viable option. While this concept would result in two smaller City owned and operated lift stations, it does provide the City with smaller upfront infrastructure costs and greater build-out flexibility when compared to the single regional HVLS concept. • Alternative 2 -Deep VCLS o Under this concept both lift stations would remain separated into the future and removes the option of decommissioning the VCLS (Figure 5) because of depth. The primary consideration between a deep VCLS and shallow VLCS is that the overall lift station depth plays a critical role in the sewer layout and long-term hydraulics in the basin. A deeper VCLS eliminates the option to gravity flow to the west at a future date, thus making the lift station a necessity for future planning scenarios. While this concept results in two lift stations and provides a level of flexibility in near-term as well as a larger service area. The concept does Page 10 of 13 Think Big.Go Beyond. J A� www.fle2s.com Technical Memorandum RE: Bozeman Wastewater Collection System Baxter Creek Drainage Analysis December 19, 2022 not address flexibility for long-term planning needs and operation concerns highlighted previously. A summary of the buildout of the major infrastructure components for the HVLS network is presented Table 6.1. The table provides a summary of HVLS infrastructure required for VCLS Alternatives 1 and 2. Alternative 1 also considers sizing both with and without the Davis Lane service area as it impacts the total flows to a regional lift station concept. Table 6.1 —Baxter Creek Drainage Basin Buildout Infrastructure Summary DraftAlternate 1—Shallow VCLS Regional* Regional* Separate SeparateHVLS Infrastructure BWWCS HVLS with HVLS Without HVLS& Component Davis Service Davis Service Shallow HVLS&Deep HVILS Area Area VCLS VCLS Lift Station Size(gpm) 2,230 3,430 3,045 1,820 1,435 Force Main Size(inch) 14 16 16 14 12 Force Main Velocity(ft/s) 4.6 5.5 4.9 3.8 4.1 Trunk Sewer Size(inch) 15 18** 18** 12 12 HVLS Area Served(ac) 1,163 1,317 1,163 694 543 *Regional assumes the shallow VCLS is rerouted to HVLS/Regional facility. **A slightly larger trunk main size would be required in order to re-route flow to the HVLS/Regional Facility. 7 FINAL RECOMMENDATIONS Based on feasibility criteria, City input, and modeling results, AE2S recommends the construction of the shallow Valley Center Lift Station (Alternative 1). Alternative 1 provides the City with a near-term solution to expand sewer utility service in Baxter Creek Sewer Basin while providing long-term planning flexibility and satisfying City O&M issues. Additionally, the location of the VCLS is near a major City intersection and transportation corridor, which is advantageous when laying out future sewer networks and necessary support infrastructure, such as force mains. The recommended infrastructure for the shallow VCLS is as follows: • Peak Flow: 1,620 gpm o This assumes most of the area (or 623 acres)west of Davis Lane and east of Stubbs Lane would contribute future wastewater flow into VCLS. o Base Groundwater Flow= 550 gpad. o Domestic Wastewater Loading= 2,100 gpad. • Force Main Size: 12-inch • Trunk Sewer Size: 15-inch Page 11 of 13 Think Big.Go Beyond. PJ A www.ae2s.com Technical Memorandum RE: Bozeman Wastewater Collection System Baxter Creek Drainage Analysis December 19, 2022 o (approximate invert: 4,587 ft or about 15 ft below grade) The final recommendations from this technical memorandum amend the adopted 2015 facility plan and will be utilized as a basis of planning for the Baxter Creek Drainage Basin. In addition, the results will be incorporated into the City's wastewater facility plan update, which is anticipated to be completed spring of 2023. The City requested an AACE Class 5* cost estimate be developed for the recommended alternative which is attached in Table 7.1. The Class 5 cost estimate for the shallow VCLS is $5.2M. The lift station cost estimate includes a wet well with submersible pumps and building to house force main flow metering, backup generator, and associated appurtenances similar to the Davis Lane Lift Station recently constructed by the City. *The Association for the Advancement of Cost Engineering(AACE)provides guidelines for the general principles of estimate classification to project costs estimates. The Class 5 cost estimate serves to provide high level guidance for strategic planning and concept screening for projects with a wide accuracy range with construction costs ranging from-50%to-20%below the estimate to+30%to+100%above the estimate. Page 12 of 13 Think Big.Go Beyond. 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Figure 1 WASTEWATER COLLECTION DRAINAGE BASINS �e AES Loolot Map Not[o Xalc • ° w° ''°°° BOZEMAN WASTEWATER COLLECTION SYSTEM Date:12/19/2022 om " City of Bozeman I Gallatin County,MT 1 Inch-2,(W NO HVLS-Service Area Davis Lane-Possible Gravity Service Drainage Area ooa o ee e Regional Hidden Valley Service Area: OVUM 2,230 gpm 1,136 acres R Q A - . .. o ^ Approximate Davis A Lane Gravity Flow Contribution A ° Service Area: 320 gpm - 173 acres LS +�y � I l�)r� Lift Stations LS Existing Davis Lane Lift Station r;4 Proposed Hidden -Valley Lift Station (HVLS) Proposed Sewer by Diameter 8 in g� —1-12 in �{ a r QiT > > 15 in Force Main •, 9 a titt In fo,"nuon drpieted may include data unyer frd by AE25.Any rehance upon such darn n or the usvr's a—rnk.AE25 does not wanunt ih,s mop or its f ma"s arc cdhrr.Pntra!ly o.nm,porally accurnta. Coordinate System:NAD 1983 UTM Zone 12N I Edited by:OVoeller I C:\0ata\Projects\WAFS\B\Bozeman\05097-2018-006\Project Data\020 Study and Report\Task 8-Lift Station Analysis\lift station mxds\figure 2.mxd N Figure 2 A REGIONAL HIDDEN VALLEY LIFT STATION(HVLS) i y A t—tar Map Not to Scale PER DRAFT WWFPU a a BOZEMAN WASTEWATER COLLECTION SYSTEM Date:12/19/2022 " 1 inchCity of Bozeman I Gallatin County,MT =t,000 rest HVLS only _ VCLS only HVLS or VCLS E xa' VCLS or Davis Lane r Davis Lane Only l c I > 0 N m - r 1 i `., 151 ac 543 ac t �+1 154 ac 469 ac t • 19 ac -- - - --�__�mot,•-•�---•— --- -- 1�� f In/orr,nlron Jcp'clrJ nas it clurl.Jutu ,,rCJ,y.'... , .. � :r,lu i+at lhr, i+k.AE25 ....,r,,,trhr+rnnp ur ir+fc'ntur..+nrec,zhrr spuriulfy ur mnipo,ultynccuru le. Coordinate System:NAD 1983 UTM Zane 12N j Edited by:DVoeller I C:\Oats\Projects\WAFS\B\Bozeman\05097-2018-00G\Project Data\OZU Study and Report\Task 8-Lift Statlan Analysis\IIR station muds\figure 3—d N Figure 3 CONCEPTUAL SEWERSHED DELINEATION Laralor Map Nol to Scalc �a oao BOZEMAN WASTEWATER COLLECTION SYSTEM Date:12/19/2022 �m City of Bozeman I Gallatin County,MT 1 mrn=Low reef zHVLS-Service Area VCLS-Service Area Davis Lane-Gravity Service E t{{ Drainage Area Hidden Valley Regional Service Area: 3,340 gpm g 1,317 acres ; -- v - a e e ° ° ° Valley Center N See Note Service Area: w ° 1,620 gpm 3 � 623 acres MM119 REM D e I i II I I ' +€ �l i Lift Stations LS Existing Davis Lane : Lift Station . Proposed Hidden t g Valley Lift Station (HVLS) . Proposed Valley Center Lift Station tr# (VCLS) I F �rFT•� Proposed Sewer by ai f f Diameter _. '1 — t r >—> Bin ,s r t - :.sF++Ir° ,. c►►.s+�►R > m> A 10 in `-r lzin R I "- p; Davis Lane Interceptor > > 15 in "�'f' Service Area: »� 18 in I Note:The 18-inch HVLS Trunk Sewer is sized to accommodate future VCLS Howe 70 gpm contribution.The HVLS pumps,trunk sewer,and forcemain can be downsized if lift Force Main stations are kept separate. 19 acres I Jcrnnr:on depicted may include doro umer ed LynidS Any reliance upon such datnis of the user's own risk.AF2Sdoes not wnrrunt this mop aritsfeatures are either spatially or tenrporodych orate. Coordinate System:NAD 1983 UTM Zane 12N I Edited by:DVaeller 1 C\Data\Projects\WAFS\B\Bozeman\o5097.2018-OoG\Project Data\020 Study and Report\Task B-Lift Station Analysls\lift station mxds\figure 4.mxd N Figure 4 40 ALTERNATIVE 1—SHALLOW VCLS WITH HVLS AF—;!� BOZEMAN WASTEWATER COLLECTION SYSTEM °oo° City of Bozeman I Gallatin County,MT Date:12/19/2022 Feat I Inch-1,000 feet z ® HVLS-Service Area 0 0 o a e e ® VCLS-Service Area 76 E Hidden Valley Davis Lane-Gravity e __ Service Area: Service Drainage Area 1,435gpm - ..-------- - ------- 543 acres II i I , a 1 E o o Valley Center f Service Area: i. 0 o� 2,015 gpm A 774 acres X � j _; Lift Stations i LS Existing Davis Lane I ° f Proposed Hidden ®Valley Lift Station 'X r ®Proposed Valley Center Lift Station Proposed Sewer by i >—>8 in FF 6S > =>10in - J. 12 in > >15in er..r' err ; Davis Lane Interceptor >—>18in Service Area: r� { —Force Main �ae 70 gpm 19 acres lalorrnnNan depitrod nmV lncliitledolnunv....jwd by AE2S.Any relini�11 uuu,�,,;chdatn is of th,,,,,,on�fM.A C25does n.st.....ro.. 1,,,—1,olltslenn......re c h",spatrolI"v. Coordinate System:NAD 1903 UTM Zone 12N j Edited by:DVoeller I C:\Data\Projects\WAFS\B\Bozeman\05097-2013-006\Project Data\020 Study and Report\Task B-Lift Station Analysis\lift station muds\figure S.msd W& AFigure 5 40 ALTERNATIVE 2-DEEP VCLS WITH HVLS y n1 zs locator Map N°I to Scale e :o° 1,oae BOZEMAN WASTEWATER COLLECTION SYSTEM Date:12/19/2022 0o City of Bozeman I Gallatin County,MT Fee[ 1 Inch=1,000 feet PROFESSIONAL SERVICES AGREEMENT THIS IS AN AGREEMENT made as of , between THE CITY OF BOZEMAN, a self- governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 N.Rouse Ave.,Bozeman,Montana,59771 (OWNER)and 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: ARTICLE 1 -ENGINEERING SERVICES 1.1. The detailed description of the specific project components is described as follows: (Insert detailed project description) 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 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 .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. 1 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 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 copies and an electronic copy of the Study and Report documents and review them in person with OWNER. 2 The Pre-design Investigation Phase will be completed and submitted within _ calendar days following written authorization from OWNER to ENGINEER to proceed with that phase of services. 4.2 PRELIMINARY DESIGN PHASE After acceptance of the pre-design report and receipt of written authorization to proceed with the Preliminary Design Phase,ENGINEER shall: 4.2.1. In consultation with OWNER determine general scope,extent and character of the Project. 4.2.2. ENGINEER shall then prepare a Preliminary Design Report,preliminary plans and specifications and a written description for the Project. 4.2.3. Preliminary Design Report: Specific items to be addressed in the design report will include,but not be limited to: 4.2.3.1. Summary of construction requirements with appropriate drawings for each task included in the project. 4.2.3.2. Plans for providing water and sewer services for affected properties during construction. 4.2.3.3. Summary geotechnical report for specific tasks,if needed. 4.2.3.4. Special design considerations for Project tasks with conditions not covered in standard construction methods or specifications. 4.2.3.5. A traffic control plan for each project task,if necessary. 4.2.4. Design and Construction Survey: The ENGINEER shall conduct a design field survey of the project areas, as necessary, for locating existing utilities (such as gas, power, telephone, TV cables, water and sewer lines, irrigation facilities, fences, and approach driveways), existing right-of-way and easements, and making measured drawings of or investigating conditions of existing facilities. The ENGINEER shall provide suitable horizontal and vertical reference control points for the construction phase. 4.2.5. Permits and Rights-of-Way: The ENGINEER shall obtain approved permits, licenses,and/or easement agreements from private landowners and any other agencies or entities requiring similar approvals prior to bidding. These approvals will be coordinated with the OWNER and will be made on easement and permit documents approved by the OWNER. Information and easement descriptions provided in the Basic Engineering Services will be based on data available from design surveys and courthouse records. 4.2.6. Geotechnical Explorations and Analysis: The ENGINEER shall conduct such geotechnical explorations and analysis as necessary for project design and bidding. A geotechnical report will be prepared with recommendations relating to conditions pertinent to the design and construction of the Project. Subsurface information will be obtained by reviewing any existing geotechnical data available and using additional backhoe test pits and soil borings as necessary. The ENGINEER shall furnish copies of a geotechnical report as requested to OWNER for use by OWNER and Contractors, and review the results of the report with Contractors in a pre-bid meeting. The report is to be prepared for design purposes;ENGINEER will not be responsible if it is used by others for other purposes. 4.2.7. Preliminary Plans and Specifications. Prepare preliminary construction plans and specifications with information which addresses the special features of each project task. 3 4.2.8. Based on the information contained in the preliminary design documents, ENGINEER will submit a revised opinion of probable Total Project Costs to the OWNER. 4.2.9. ENGINEER shall prepare and furnish complete paper and electronic copies of preliminary bidding documents and design report as requested to OWNER and at the same time furnish copies as directed by OWNER to agencies and/or parties having regulatory responsibilities or direct financial participation in any part of the Project;provide any technical criteria,written descriptions and design data necessary for securing permits or approval from authorities having jurisdiction to review and approve the design, and assist owner in securing such approvals;and review documents in person with OWNER and review authorities,and,if necessary,conduct a plan-in-hand site review. All changes agreed to between ENGINEER and OWNER will be noted in a memorandum from the ENGINEER to the OWNER and incorporated into the final plans and specifications. The Preliminary Design Phase will be completed and submitted within calendar days following written authorization from OWNER to ENGINEER to proceed with that phase of services. 4.3 FINAL DESIGN PHASE After written authorization to proceed with the Final Design Phase,ENGINEER shall: 4.3.1. On the basis of the accepted Preliminary Design documents and the revised opinion of probable Total Project Costs,prepare for incorporation in the Contract Documents final drawings and Technical Specifications of sufficient detail to show the general scope, extent and detailed character of the work to be furnished and performed by the Contractor(s)suitable for use in the project bidding and construction. 4.3.2. Advise OWNER of any adjustments to the latest opinion of probable Total Project Costs caused by changes in general scope, extent or character or design requirements of the Project or Construction Costs. Furnish to OWNER a revised opinion of probable Total Project Costs based on the Drawings and Specifications. 4.3.3. Prepare for review and approval by OWNER, its legal counsel and other advisors, contract agreement forms, general conditions and supplementary conditions, and (where appropriate) bid forms, invitations to bid and instructions to bidders,special provisions,technical specifications, and standard drawings,and other related contract documents in conformance with the latest edition of the Montana Public Works Standard Specifications (MPWSS)and City of Bozeman Modifications to MPWSS adopted by the City of Bozeman. 4.3.4. Furnish OWNER six copies and an electronic copy of the Contract Documents (including design drawings,specifications and contracts). The Final Phase will be complete and submitted within calendar days following written authorization from OWNER to ENGINEER to proceed with that phase of services. 4.4 BIDDING OR NEGOTIATING PHASE After written authorization to proceed with the Bidding or Negotiating Phase,ENGINEER shall: 4.4.1. Assist OWNER in advertising for and obtaining bids or negotiating proposals for construction contract(s) and record prospective bidders to whom Bidding Documents have been issued, receive and process deposits for Bidding Documents and conduct pre-bid conferences. 4.4.2. Provide interpretation or clarification to prospective bidders regarding the Bidding Documents, and issue addenda as appropriate. 4.4.3. Consult with and advise OWNER as to the acceptability of the prime contractor, subcontractors, suppliers and other persons and organizations proposed by the prime contractor(s) (herein call "Contractor(s)") for those portions of the work as to which such acceptability is required by the Bidding Documents. 4 4.4.4. Consult with OWNER concerning and determine the acceptability of substitute materials and equipment proposed by Contractor(s)when substitution prior to the award of contracts is allowed by the Bidding Documents. 4.4.5. Attend the bid opening, prepare bid tabulation, evaluate bids, assess bidders' responsiveness and responsibility and make award recommendation to OWNER. 4.4.6 Facilitate contract award,and the execution and distribution of the contract documents for construction, materials, equipment and services. Furnish Owner two original signature sets of executed contract documents (including design drawings, specifications and contracts). Furnish contractor with one set of original signature executed contract documents and up to three sets of construction documents. 4.5 CONSTRUCTION PHASE The responsibilities of the ENGINEER during the Construction Phase are summarized as follows: 4.5.1. General Administration of Construction Contract. ENGINEER shall consult with and advise OWNER and act as OWNER'S representative as provided in EXHIBIT A - ENGINEER'S STATUS DURING CONSTRUCTION,attached to and made part of this Agreement and may be further provided under the General Conditions of the contract documents. The extent and limitations of the authority,duties,and responsibilities of the ENGINEER on the construction job site as described here-in shall not be modified except as the ENGINEER and OWNER may otherwise agree in writing. All of OWNER's instruction to Contractor(s) will be issued through ENGINEER who will have authority to act on behalf of OWNER to the extent provided in the General Conditions except as otherwise provided in writing. In addition to the services provided under Article 10 (Exhibit A) the ENGINEER shall provide the following services during construction: 4.5.1.1 Schedule and conduct a pre-construction conference. 4.5.1.2 Provide personnel, equipment and supplies for construction layout and control, including establishment of line,grade,and blue top control staking. 4.5.1.3 Review Contractors'construction schedules and operations,and the Contractors'traffic control plans and its implementation prior to the start of construction. 4.5.1.4 Ascertain that the Contractor has secured required permits needed to accomplish his work. 4.5.1.5 Prepare and provide weekly activity and progress reports to the City's Task Director. 4.5.1.6 ENGINEER shall provide OWNER copies of all correspondence between the ENGINEER and Contractor. 4.5.1.7 Issue stop and resume work orders, in whole or in part, when work is not or cannot be performed in accordance with the Contract Documents. 4.5.1.8 Review and approve, for conformance with the project technical specifications all shop drawings,and other Contractor submittals required by the Contract Documents. 4.5.1.9 During construction review Contractors'construction schedules and evaluate conformance and progress under the Contract time provisions. 4.5.1.10 Prepare for OWNER'S approval any plan and specification changes which due to any initial design or engineering deficiencies are required to complete the project original design concept. 5 4.5.1.11 Inspect the project and when appropriate, and after conferring with OWNER, issue a Certificate of Substantial Completion to the Contractor. 4.5.1.12 Prior to recommending final payment, schedule and conduct with the OWNER a final project inspection and submit a report to the OWNER documenting any outstanding items or deficiencies requiring correction prior to final payment. Upon satisfactory project completion ENGINEER shall certify in writing to the OWNER, and any required regulatory agencies, that the construction was completed in accordance with the approved plans and specifications and is performing in accordance with the design concept. 4.5.1.13 Twenty-three months after project substantial completion schedule and conduct with the Owner a Two Year Warranty Inspection of the project and advise the owner in writing whether project deficiencies exist and if the project is performing in accordance with the design concept. 4.5.2. Resident Project Representative. ENGINEER shall provide a qualified Resident Project Representative at the job site to provide observation of the work as provided in EXHIBIT B-A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE,attached to and made part of this Agreement. The ENGINEER shall submit to the OWNER, for review and acceptance, the resume of each Resident Project Representative who may be assigned to the job site during the course of the Project not less than 10 calendar days prior to the pre-construction meeting. Any subsequent change in the resident representative shall also be subject to the OWNER'S approval. 4.5.3 Limitations of Responsibilities. ENGINEER will not be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and ENGINEER will not be responsible for CONTRACTOR'S failure to perform or furnish the Work in accordance with the Contract Documents; however, nothing contained in this Agreement shall be construed to release ENGINEER from liability for failure to properly perform duties and responsibilities assumed by ENGINEER in the Contract Documents. 4.6. PROJECT DOCUMENTATION ENGINEER shall furnish OWNER with (a) one mylar copy, two paper copies, and an electronic copy of the Project Record Drawings ("As-Builts"), (b) written monthly progress reports, and (c) a project notebook containing such correspondence and documentation as requested by OWNER. 4.7. CONSTRUCTION TESTING The inspection services shall include material testing and verification of contract compliance with job site requirements, plans and specifications. The ENGINEER shall provide and maintain detailed documentation of the following material testing: 1) Concrete strength,air content and slump 2) Embankment,trench backfill,and gravel and pavement densities 3) Aggregate gradations 4) Plant mix strength,flow and asphalt content 6 ARTICLE 5-ADDITIONAL SERVICES 5.1. If OWNER wishes ENGINEER to perform any of the following Additional Services, OWNER shall so instruct ENGINEER in writing, and ENGINEER shall perform or obtain from others such services and will be paid therefor as provided in this Agreement: 5.1.1. Legal land surveys performed to obtain data for preparing easements and rights-of-way descriptions. 5.1.2. Preparation of applications and supporting documents for governmental agencies in addition to those required under Basic Services; preparation or review of environmental studies and related services; and assistance in obtaining environmental approvals. 5.1.3. Services resulting from significant changes in the general scope, extent or character of the Project or major changes in documentation previously accepted by OWNER where changes are due to causes beyond ENGINEER's control. 5.1.4. Providing renderings or models. 5.1.5. Preparing documents for alternate bids requested by OWNER for work not executed or for out-of- sequence work. 5.1.6. Providing other services not otherwise provided for in this Agreement, including services normally furnished by the OWNER as elsewhere herein described. 5.1.7. Furnishing the services of independent professional associates or consultants for other than Basic Services. 5.2. When required by the Contract Documents in circumstances beyond ENGINEER's control, ENGINEER shall perform or obtain from others any of the following Additional Services as circumstances require during construction and without waiting for specific instructions from OWNER, and ENGINEER will be paid therefor as provided in this Agreement: 5.2.1. Services in connection with work directive changes and change orders to reflect the changes requested by OWNER if the resulting change in compensation for Basic Services is not commensurate with the additional services rendered. 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 7 6.1.1 Payment. The OWNER shall for design phase services performed as Basic Engineering Services under sections 4.1 through 4.3 of this Agreement pay a total sum in the amount of $ for such services. 6.1.2 Payment Schedule. Total cumulative payments for the design phase engineering services (sections 4.1 through 4.4)shall not exceed the following ceilings: $ (10%of design fee)until the Pre-design Investigation and Preliminary Design Report have been submitted to the OWNER. $ (50%of design fee)until the Preliminary Plans and Specifications have been submitted to the OWNER and review authorities. $ (90%of design fee)until the Final Plans and Specifications have been submitted to the OWNER and review authorities. 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 this 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 (4.1 through 4.4) and are not separately reimbursable. Additional Services specifically identified under the scope of design services for payment under 6.1 are not separately reimbursable. 6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER. Construction and project documentation services performed as Basic Engineering Services under sections 4.4 through 4.7 including General Administration of Construction Contract,Resident Project Representation,Project Documentation, and Construction Testing,shall be compensated in accordance with the following: 6.2.1 The OWNER shall pay for Construction Phase and Project Documentation Services an amount not to exceed except as provided under 6.2.1.2 and 6.2.4. 6.2.1.1 Costs Compensation. Compensation for these services shall be based on the ENGINEER's Direct Labor Cost times a factor of for services rendered which shall cover Direct Labor, Direct Labor Overhead,General&Administrative Overhead and Profit. 6.2.1.2 Notification. At any time during the construction that it becomes apparent that the Construction Phase and Project Documentation Services rendered under this Agreement will exceed the negotiated compensation for these services, and prior to performing services in excess of the contract ceiling, the ENGINEER shall give OWNER written notice thereof. Promptly thereafter OWNER and ENGINEER shall review the scope and progress of the project work. ENGINEER shall obtain written authorization from OWNER,prior to any additional costs being incurred under paragraph 6.2.1.3. If it is determined that due to a change in project scope under paragraph 5.2.1,the ENGINEER is entitled to additional compensation, OWNER and ENGINEER may negotiate terms as provided under 6.2.1.1. The amount and terms of any additional compensation under 6.2.1.1 or 6.2.1.3 shall be negotiated and agreed in writing pursuant to 9.16. 6.2.1.3 Costs Exceeding Estimated Compensation. Except as allowed under 5.2.1,when the total cost of the original scope Construction Phase and Project Documentation Services exceeds the negotiated compensation for these services, the OWNER shall pay only for the direct costs incurred in excess of the estimated compensation. These costs consist of an amount equal to the ENGINEER'S Direct Labor 8 Cost times a factor of for services rendered which shall include Direct Labor,the federally audited payroll Direct Labor Overhead, and General & Administrative Overhead costs, but shall not include any allowance for profit. 6.2.2. Reimbursable Expenses, as defined in section 7.4 of this Agreement, for Basic Services and Approved Additional Services shall be paid to the ENGINEER by the OWNER in the actual amount of the costs incurred up to an amount not to exceed$ which includes$ for consultants employed by the Engineer and $ for all other reimbursable expenses. The estimated reimbursable expenses are identified in Exhibit 6.2.3. Failed Test Expenses. The ENGINEER shall maintain and provide to the OWNER, a record of the costs associated with failing quality control tests performed for the OWNER during the course of the construction of the project and recommend an amount the OWNER deduct from the contractor(s)payments. 6.2.4 The OWNER shall pay an amount for Additional Services rendered by the ENGINEER and approved in writing by the OWNER on the basis of the ENGINEER'S Direct Labor Costs times a factor of ,or an amount otherwise negotiated at the time such services are requested and approved by the OWNER. 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 $ /hour Project Manager $ /hour Senior Engineer $ /hour Staff Engineer $ /hour Senior Technicians $ /hour CADD Drafter $ /hour Technicians $ /hour Construction Inspector $ /hour 9 Two Person Survey Crew $ /hour Clerical $ /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 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 10 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 fide employees working solely for the ENGINEER,any fee,commission,percentage, brokerage fee, gifts or any other considerations contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty,the OWNER shall have the right to annul the Contract without liability or in its discretion to deduct from the price or consideration or otherwise recover the full amount of such fee, commission, percentage,brokerage fee,gift or contingent fee. All employees of the ENGINEER or other persons while engaged in the performance of work or services required by the ENGINEER shall be considered employees of the ENGINEER only and not of the OWNER. 9.4 NONDISCRIMINATION The ENGINEER agrees that all hiring by ENGINEER of persons performing this Agreement shall be on the basis of merit and qualifications. The ENGINEER will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws,regulations,and contracts. 11 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 12 OWNER. The indemnity required herein shall not be limited by reason of the specification of any particular insurance coverage in this Agreement. 9.7.5 Should either OWNER or ENGINEER be held responsible, for any damages, costs or liabilities resulting from intentional misconduct by any officer, director, agent or employee in connection with the work specified in this Agreement, then in that event, that party shall indemnify and hold harmless the other as to any damages, costs or liabilities that result from or arise out of that intentional misconduct, including reasonable attorney's fees and costs which shall include costs and salary of the city attorney or other in-house counsel. Further,notwithstanding 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: 13 Type of Coverage Limits Employers'Liability: $ 1.000,000.per accident General Liability: Bodily Injury&Property Damage Single and combined $ 1,000.000.per accident General Aggregate: $2.000.000. Excess Liability Coverage(umbrella) $1,000.000.each occurrence Automobile: Bodily Injury covering all $ 1,000,000 each person automobiles,trucks, tractors,trailers,or $ 1.000,000 each occurrence other automotive equip- ment whether owned or rented by Engineer or owned by employees of Engineer. Property Damage covering $ 1,000,000 each occurrence all automobiles,trucks, tractors,trailers or other automotive equipment whether owned or rented by Engineer or owned by employees of Engineer OR Bodily Injury&Property $1,000,000 each occurrence Damage Single and combined In addition to the above insurance coverage, the ENGINEER shall secure and maintain, until the work is completed and accepted by the OWNER, and without naming OWNER as an additional insured, professional errors and omissions coverage as follows: Professional Errors&Omissions: $ 1.000.000 per claim and aggregate each occurrence 9.9 ENDORSEMENT The ENGINEER shall place his endorsement on all drawings and other data furnished by him. 14 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. 15 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) (President) DATE: DATE: ATTEST: BY: (City Clerk) 16 EXHIBIT A TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES ENGINEER'S STATUS DURING CONSTRUCTION This Exhibit is attached to,made a part of and incorporated by reference with the Agreement made on between CITY OF BOZEMAN(OWNER)and (ENGINEER) providing for professional engineering services. ARTICLE 10-ENGINEER'S STATUS DURING CONSTRUCTION 10.1. OWNER'S REPRESENTATIVE ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. 10.2. VISITS TO THE SITE ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. ENGINEERSs efforts will be directed toward providing for OWNER's greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design professional, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. 10.3. PROJECT REPRESENTATION If OWNER and ENGINEER agree,ENGINEER will furnish a Resident Project Representative to assist ENGINEER in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in EXHIBIT B A LISTING OF THE DUTIES RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE. 10.4. CLARIFICATIONS AND INTERPRETATIONS ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents(in the form of Drawings or otherwise)as ENGINEER may determine necessary,which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in the General Provisions of the construction Contract Document. 10.5. AUTHORIZED VARIATIONS IN WORK ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as I to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in the General Conditions of the Construction Contract. 10.6. REJECTING DEFECTIVE WORK ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, and will also have authority to require special inspection or testing of the Work as provided in the General Provisions of the construction Contract Document whether or not the work is fabricated, installed,or completed. 10.7. SHOP DRAWINGS,CHANGE ORDERS AND PAYMENT 10.7.1. The ENGINEER's responsibility for Shop Drawings and samples shall comply with the shop drawing provisions of the General Provisions of the construction Contract Document 10.7.2. The ENGINEER's responsibilities for Change Orders shall comply with the change order provisions of the General Provisions of the construction Contract Document. 10.7.3. The ENGINEER's responsibilities for contractor's Application for Payment shall comply with the payment provisions of the General Provisions of the construction Contract Document. 10.8. DETERMINATIONS FOR UNIT PRICES ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written recommendation thereon (by recommendation of an Application for Payment or otherwise)to OWNER. 10.9. DECISION ON DISPUTES 10.9.1. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under The General Conditions of the Construction Contract in respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph, which ENGINEER will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter shall be promptly reported and copied to the OWNER. 10.9.2. When functioning as interpreter under paragraphs 10.8 and 10.9.1, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 10.8 and 10.9.1 with respect to any such claim, dispute or other matter will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim,dispute or other matter. 2 10.10. LIMITATIONS ON ENGINEER'S RESPONSIBILITIES 10.10.1. Neither ENGINEER's authority to act under this Article or elsewhere in the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR, any Sub-contractor, any Supplier, or any other person or organization performing any of the Work,or to any surety for any of them. 10.10.2. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work,it is intended that such requirement,direction,review or judgment will be solely to evaluate the Work for compliance with the Contract Documents(unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 4.5.3. 3 EXHIBIT B TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES A LISTING OF THE DUTIES,RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE. This Exhibit is attached to,made a part of and incorporated by reference with the Agreement made on between CITY OF BOZEMAN(OWNER)and (ENGINEER)providing for professional engineering services. ARTICLE 11 - DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE ENGINEER shall furnish a Resident Project Representative (RPR), assistants and other field staff to assist ENGINEER in observing performance of the work of Contractor. Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the RPR and assistants, ENGINEER shall endeavor to provide further protection for OWNER against defects and deficiencies in the work of CONTRACTOR; but, the furnishing of such services will not make ENGINEER responsible for or give ENGINEER control over construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or responsibility for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents and in particular the specific limitations set forth in section 4.5 of the Agreement are applicable. The duties and responsibilities of the RPR are limited to those of ENGINEER in this agreement and in the construction Contract Documents, and are further limited and described as follows: 11.1. GENERAL RPR is ENGINEER's agent at the site, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding RPR's actions. RPR's dealings in matters pertaining to the on-site work shall in general be with ENGINEER and CONTRACTOR keeping OWNER advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. RPR shall generally communicate with OWNER with the knowledge of and under the direction of ENGINEER. 11.2. DUTIES AND RESPONSIBILITIES OF RPR 11.2.1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. 11.2.2. Conferences and Meetings: Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and the project-related meetings, and prepare and circulate copies of minutes thereof. 11.2.3. Liaison: 11.2.3.1.Serve as ENGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's superintendent and assist in understanding the intent of the Contract Documents; and assist ENGINEER in serving as OWNER's liaison with CONTRACTOR. 1 11.2.3.2.Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work. 11.2.4. Shop Drawings and Samples: 11.2.4.1. Record date of receipt of Shop Drawings and samples. 11.2.4.2. Receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of availability of samples for examination. 11.2.4.3. Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring Shop Drawing or sample if the submittal has not been approved by ENGINEER. 11.2.5. Review of Work,Rejection of Defective Work Inspections and Tests: 11.2.5.1.Conduct on-site observations of the Work in progress to assist ENGINEER in determining if the Work is in general proceeding in accordance with the Contract Documents. 11.2.5.2.Report to ENGINEER whenever RPR believes that any Work is unsatisfactory,faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing,inspection or approval. 11.2.5.3.Verify that tests, equipment and systems startup and operating and maintenance training are conducted in the presence of appropriate personnel, and the CONTRACTOR maintains adequate records thereof; and observe, record and report to ENGINEER appropriate details relative to the test procedures and startup. 11.2.5.4.Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project,record the results of these inspections and report to ENGINEER. 11.2.6. Interpretation of Contract Documents: Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER. 11.2.7. Modifications: Consider and evaluate CONTRACTOR's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to ENGINEER. Transmit to CONTRACTOR decisions as issued by ENGINEER. 11.2.8. Records: 11.2.8.1.Maintain at the job site orderly files for correspondence,reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents,progress reports,and other Project related documents. 11.2.8.2.Keep a detailed and accurate diary or log book, recording CONTRACTOR hours on the job site, weather conditions, prime and subcontractor daily work force, daily log of equipment onsite or on standby, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and 2 specific observations in more detail as in the case of observing test procedures; and send copies to ENGINEER. 11.2.8.3.Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of materials and equipment. 11.2.9. Reports: 11.2.9.1.Fumish ENGINEER periodic reports as required of progress of the Work and of CONTRACTOR's compliance with the progress schedule and schedule of Shop Drawing and sample submittals. 11.2.9.2.Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. 11.2.9.3.Draft proposed Change Orders and Work Directive Changes, obtaining backup material from CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes, and Field Orders. 11.2.9.4.Report immediately to ENGINEER and OWNER upon the occurrence of any accident. 11.2.10. Payment Requests: Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 11.2.11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work. 11.2.12. Completion: 11.2.12.1. Submit to CONTRACTOR, and ENGINEER a list of observed items requiring completion or correction before ENGINEER may issue a Certificate of Substantial Completion. 11.2.12.2 Assess completion or correction of items noted under 11.2.12.1, advise ENGINEER on their status, and make recommendation to Engineer regarding issuance of a Certificate of Substantial completion. 11.2.12.3. Conduct final inspection in the company of ENGINEER, OWNER, and CONTRACTOR and prepare a final list of items to be completed or corrected. 11.2.12.4. Observe that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning final acceptance. 11.3. LIMITATIONS OF AUTHORITY Resident Project Representative: 11.3.1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipments,unless authorized by ENGINEER. 3 11.32. Shall not exceed limitations of ENGINEER's authority as set forth in the Agreement or the Contract Documents. 11.3.3. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or CONTRACTOR's superintendent. 11.3.4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 11.3.5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 11.3.6. Shall not accept Shop Drawing or sample submittals from anyone other than CONTRACTOR. 11.3.7. Shall not authorize OWNER to occupy the Project in whole or in part. 11.3.8. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by ENGINEER. 4