HomeMy WebLinkAbout23 - Professional Services Agreements - Advanced Engineering and Environmental Services, LLC - Sourdough Tank RehabilitationBozeman Sourdough Tank Rehabilitation Project Page 1 of 13
PROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made as of __________________________ , between THE CITY OF BOZEMAN,
Montana, a self-governing municipal corporation organized and existing under its Charter and the laws of the State
of Montana, 121 N. Rouse Ave., Bozeman, Montana, 59771 (OWNER) and Advanced Engineering and
Environmental Services, LLC (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. ENGINEER will provide the services set forth in Exhibit A – Project Scope and Fee Definition
(“Engineering Services”), which is hereby incorporated in and made a part of this Agreement.
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 Grant Meyer, PE.
2.6. The ENGINEER shall name a Project Manager who shall be the liaison between the ENGINEER and the
OWNER. The Project Manager shall be Brian Viall, PE. The OWNER may name a Task Director who would be the
liaison between the ENGINEER and the OWNER during the design segment of the Project.
2.7. The ENGINEER shall submit an estimated progress schedule at the beginning of the work, and bi-monthly
progress reports thereafter until the project is completed.
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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 Griffin Nielsen, PE .
3.2 The OWNER shall have the right of review and examination of the ENGINEER'S work at all times.
3.3 The OWNER shall make available all records (record drawings, construction records, etc.) indicating the
existing configuration of the city utilities.
3.4 The OWNER will be responsible for advertising bid openings.
3.5 The OWNER shall attend the pre-bid conferences, bid openings, pre-construction conferences, construction
progress and other job related meetings, substantial completion inspections and final payment inspections.
ARTICLE 4 - BASIC ENGINEERING SERVICES
The ENGINEER shall render professional Engineering Services as follows:
4.1 PRE-DESIGN INVESTIGATION PHASE – Reserved.
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. Perform those tasks identified under “Phase 030 – Preliminary Design Phase” in the Scope and Fee
Definition of Exhibit A with respect to the Assumptions & Exclusions identified in Paragraph 12.2 of Exhibit
A.
The Preliminary Design Phase will be completed and submitted on or before the scheduled phase completion date
presented in EXHIBIT B: Bozeman Sourdough Tank Phase I Rehabilitation Schedule following written authorization
from OWNER to ENGINEER to proceed with that phase of services.
4.3 FINAL DESIGN PHASE
After acceptance of the Preliminary Design Phase and receipt of written authorization to proceed with the Final Design
Phase, ENGINEER shall:
4.3.1. Perform those tasks identified under “Phase 040 – Final Design Phase” in the Scope and Fee
Definition of Exhibit A with respect to the Assumptions & Exclusions identified in Paragraph 12.2 of Exhibit
A.
The Final Design Phase will be completed and submitted on or before the scheduled phase completion date presented
in EXHIBIT B: Bozeman Sourdough Tank Phase I Rehabilitation Schedule following written authorization from
OWNER to ENGINEER to proceed with that phase of services.
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4.4 BIDDING OR NEGOTIATING PHASE
After acceptance of the Final Design Phase and receipt of written authorization to proceed with the Final Design
Phase, ENGINEER shall:
4.4.1. Perform those tasks identified under “Phase 050 – Bidding or Negotiating Phase” in the Scope and
Fee Definition of Exhibit A with respect to the Assumptions & Exclusions identified in Paragraph 12.2 of
Exhibit A.
The Bidding or Negotiating Phase will be completed and submitted on or before the scheduled phase completion date
presented in EXHIBIT B: Bozeman Sourdough Tank Phase I Rehabilitation Schedule following written authorization
from OWNER to ENGINEER to proceed with that phase of services.
4.5 CONSTRUCTION PHASE – Reserved.
4.6 POST-CONSTRUCTION PHASE – Reserved.
4.7 INSTRUMENTATION AND CONTROL PHASE - Reserved
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.
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5.2.2. Services in making revisions to Drawings and Specifications occasioned by the OWNER'S
acceptance of substitutions proposed by Contractor(s); services after the award of each contract in evaluating
and determining the acceptability of an unreasonable or excessive number of substitutions proposed by
Contractor; and evaluating an unreasonable or extensive number of claims submitted by Contractor(s) or
others in connection with the work.
5.2.3. Services resulting from significant delays, changes or price increases occurring as a direct result of
materials, equipment or energy shortages.
5.2.4. Additional or extended services during construction made necessary by (1) work damage by fire or
other causes during construction, (2) a significant amount of defective or neglected work of any Contractor,
(3) acceleration of the progress schedule involving services beyond normal working hours, (4) default by any
Contractor.
ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE
6.1 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER
6.1.1 Payment. The OWNER shall for 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 $93,000.00 for such
services.
6.1.2 Payment Schedule. Total cumulative payments for the design phase engineering services (sections
4.2 through 4.3) shall not exceed the following ceilings:
· $61,000.00 (66% of design fee) until the Preliminary Engineering Phase deliverables have been
submitted to the OWNER.
6.1.3 General. Engineer shall submit monthly statements for services rendered. The statements shall be
based upon Engineer's estimate of the proportion of the total services actually completed at the time of billing,
subject to any limitations on Payments based on completion of tasks or specific retainage requirements
pursuant to the payment provisions of 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 4.3) 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 Bidding and Negotiations Phase Services an amount not to exceed
$15,000.00 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 3.20 for services rendered which shall cover Direct Labor, Direct
Labor Overhead, General & Administrative Overhead and Profit.
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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 Cost times a factor of 2.80 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 $0.00 which includes $0.00 for consultants employed by the
Engineer and $0.00 for all other reimbursable expenses. The estimated reimbursable expenses are identified
in Exhibit "NA."
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
3.20 , 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,
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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:
See Exhibit C – Engineer’s Maximum Billable Direct Labor Costs & Reimbursable Expense Rates
7.4 REIMBURSABLE EXPENSES
Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's independent professional
associates or consultants under section 5 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.
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ARTICLE 8 - PAYMENT PROVISIONS
8.1 TIMES OF PAYMENTS. ENGINEER may submit monthly statements for Basic Services and approved
Additional Services rendered and for Reimbursable Expenses incurred; however, payments shall not exceed the
ceilings provided in 6.1 and 6.2. Final payment shall be made only after acceptance of the project by the OWNER.
If OWNER disputes the amount of the billing, OWNER will notify the ENGINEER in writing within ten (10) calendar
days of the receipt of bill of the dispute.
8.2 REQUESTS FOR PAYMENT. Each request for payment shall include a documentation summary of the
period incremental man hours incurred, direct labor rates and billed rates, detail of reimbursable costs, total period
billing, and total cumulative billing. When requested by OWNER services for distinct project segments shall be
accounted and billed separately.
8.3 PAYMENT UNDER TERMINATION. In the event of termination by the OWNER upon the completion
of any phase of the Basic Services, progress payments due ENGINEER for services rendered through such phase shall
constitute total payment for such services. In the event of such termination by OWNER during any phase of the Basic
Services, ENGINEER also will be reimbursed for the charges of pre-approved independent professional associates
and consultants employed by ENGINEER to render Basic Services, and paid for services rendered during that phase
on the basis of the payment provisions of the Agreement. In the event of any such termination, ENGINEER will be
paid for unpaid pre-approved Additional Services and unpaid Reimbursable Expenses which are authorized under this
agreement.
ARTICLE 9 - GENERAL CONSIDERATIONS
9.1 TERMINATION OF AGREEMENT
9.1.1 The sole right is hereby reserved to the OWNER to terminate this Engineering Agreement for any
and all causes or for its convenience at any time upon fifteen (15) days written notice to the ENGINEER.
9.1.2 If termination for default is effected by the OWNER, an equitable adjustment in the price provided
for in this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed
services or other work, and (2) any payment due to the ENGINEER at the time of termination may be adjusted
to cover any additional costs to the OWNER because of the ENGINEER's default. If termination for
convenience is effected by the OWNER, the equitable adjustment shall include a reasonable profit, as
determined by owner, for services or other work performed. The equitable adjustment for any termination
shall provide for payment to the ENGINEER for services rendered and expenses incurred prior to the
termination, in addition to termination settlement costs reasonably incurred by the ENGINEER relating to
commitments which had become firm prior to the termination.
9.1.3 Upon receipt of a termination action under paragraph 9.1.2, the ENGINEER shall (1) promptly
discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make
available to the OWNER within ten (10) days copies of all data, design drawings, specifications, reports,
estimates, summaries and such other information and materials as may have been accumulated by the
ENGINEER in performing this Agreement, whether completed or in process.
9.1.4 In the event this Contract is terminated prior to completion, the original copies of the ENGINEER'S
data, recommendations, plans, specifications, analysis and other related documents prepared by the
ENGINEER prior to said termination shall be delivered to and become the property of the OWNER.
9.1.5 Upon termination, the OWNER may take over the work and may award another party an Agreement
to complete the work under this Agreement.
9.1.6 OWNER'S right to terminate is in addition to any other remedies OWNER may have under the law.
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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 AND EQUAL PAY
The ENGINEER agrees that all hiring by ENGINEER of persons performing this Agreement shall be on the basis of
merit and qualifications.
The ENGINEER will have a policy to provide equal employment opportunity in accordance with all applicable state
and federal anti-discrimination laws, regulations, and contracts.
The ENGINEER will not refuse employment to a person, bar a person from employment, or discriminate against a
person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed,
political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical
or mental disability, except when the reasonable demands of the position require an age, physical or mental disability,
marital status or sex distinction.
The ENGINEER shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2,
United States Code, and all regulations promulgated thereunder.
The ENGINEER represents it is, and for the term of this Agreement will be, in compliance with the requirements of
the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). ENGINEER must report to the
City any violations of the Montana Equal Pay Act that ENGINEER has been found guilty of within 60 days of such
finding for violations occurring during the term of this Agreement.
The ENGINEER shall require these nondiscrimination terms of its sub-consultants providing services under this
agreement.
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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 For claims, causes of action, losses, or damages (collectively, “Claims”) asserted by third-parties
and arising out of the performance of professional services by the ENGINEER, the ENGINEER shall
indemnify and hold the Owner and the Owner’s officers, directors, and employees harmless from such
Claims, including reasonable attorneys’ fees and expenses recoverable under applicable law, but only to the
extent such Claims are caused by the negligence or intentional misconduct of the ENGINEER, its employees
and its consultants in the performance of professional services under this Agreement. The ENGINEER’S
obligation to indemnify and hold the Owner and the Owner’s officers and employees harmless under this
section 9.7.2 does not include a duty to defend.
9.7.3. For Claims asserted by third-parties that do not arise out of the performance of professional services
by the ENGINEER, the ENGINEER shall, to the extent covered by the ENGINEER’S insurance, defend,
indemnify, and hold the Owner and the Owner’s officers, directors, and employees harmless from such
Claims, including reasonable attorneys’ fees and expenses recoverable under applicable law, but only to the
extent such Claims are caused by the negligence or intentional misconduct of the ENGINEER, its employees
and its consultants.
9.7.4 In the event the OWNER is found proportionately responsible for any damages ultimately awarded
to a plaintiff or plaintiffs in any lawsuit, the ENGINEER will be responsible for only those damages, costs,
or liabilities as are attributable to the ENGINEER’S percent of fault as compared with 100% of the fault
giving rise to the damages. Should the OWNER be found responsible for negligence by its own officers,
directors, agents or employees, then in that event the OWNER agrees to reimburse the ENGINEER for the
reasonable attorney’s fees and costs incurred in any defense of the OWNER in an amount proportional to the
fault attributed to the OWNER. The indemnity required herein shall not be limited by reason of the
specification of any particular insurance coverage in this Agreement.
9.7.5 Should either OWNER or ENGINEER be held responsible, for any damages, costs or liabilities
resulting from intentional misconduct by any officer, director, agent or employee in connection with the work
specified in this Agreement, then in that event, that party shall 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
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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.
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9.8 INSURANCE
The ENGINEER shall secure and furnish to the OWNER certificate of insurance, therein, naming the OWNER as an
additional insured, to include thirty (30) days notice of cancellation or non-renewal.
Without limiting any of ENGINEER's obligations hereunder, ENGINEER shall secure and maintain, until the work
is completed and accepted by the OWNER, insurance coverage naming the OWNER as additional insured with
minimum insurance coverage as follows:
Type of Coverage Limits
Employers' Liability: $ 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
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9.9 ENDORSEMENT
The ENGINEER shall place his endorsement on all drawings and other data furnished by him.
9.10 OWNERSHIP OF DOCUMENTS
The parties admit and agree the documents produced under this agreement are not intended or represented to be
suitable for reuse by OWNER or any other individual on any other project. Any reuse without written verification or
adaptation by ENGINEER will be at OWNER’s sole risk and without liability or legal exposure to ENGINEER, or to
ENGINEER’s independent professional associates or consultants. Files in electronic media format of text, data,
graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of owner. Any
conclusion or information obtained or derived from such electronic files will be at the user's sole risk.
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.
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.
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Bozeman Sourdough Tank Rehabilitation Project Page 13 of 13
9.17 CONSENT TO ELECTRONIC SIGNATURES
The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform
Electronic Transactions Act, Title 30, Chapter 18, Park 1 MCA.
In witness Whereof, the Parties hereto do make and execute this Agreement the day and year first above written or as
recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ENGINEER
BY: BY:
(City Manager) (Project Quality Director)
e-mail: Brian.Bergantine@ae2s.com
DATE: DATE:
ATTEST:
BY:
(City Clerk)
DocuSign Envelope ID: 0917F668-31A3-4669-B43B-C08227AC28FE
11/22/202311/22/2023
Exhibit A – Project Scope and Fee Definition
Bozeman Sourdough Tank Rehabilitation Project21-000 – Bozeman PRV Improvements Ph I
Exhibit A Page 1 of 10
EXHIBIT A
TO AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES
Project Scope and Fee Definition
This Exhibit is attached to, made a part of, and incorporated by reference with the Agreement made on
, between CITY OF BOZEMAN (OWNER) and Advanced Engineering and Environmental Services,
LLC (ENGINEER) providing for professional engineering services.
Article 12 – PROJECT SCOPE AND FEE DEFINITION
12.1. – Definitions & Acronyms:
1. Addenda - Written or graphic instruments issued prior to the opening of bids which clarify, correct, or change
the bidding requirements or the proposed Construction Contract Documents.
2. Construction Contract—The entire and integrated written contract between the Owner and Contractor
concerning the Work.
3. Construction Contract Documents—Those items designated as “Contract Documents” in the Construction
Contract, and which together comprise the Construction Contract.
4. Construction Cost—The cost to Owner of the construction of those portions of the entire Project designed or
specified by or for Engineer under this Agreement, including construction labor, services, materials,
equipment, insurance, and bonding costs, and allowances for contingencies. Construction Cost does not
include costs of services of Engineer or other design professionals and consultants; cost of land or rights-of-
way, or compensation for damages to property; Owner’s costs for legal, accounting, insurance counseling,
or auditing services; interest or financing charges incurred in connection with the Project; or the cost of other
services to be provided by others to Owner. Construction Cost is one of the items comprising Total Project
Costs.
5. Constructor—Any person or entity (not including the Engineer, its employees, agents, representatives, and
Consultants), performing or supporting construction activities relating to the Project, including but not
limited to Contractors, Subcontractors, Suppliers, Owner’s work forces, utility companies, other contractors,
construction managers, testing firms, shippers, and truckers, and the employees, agents, and representatives
of any or all of them.
6. Contractor—The entity or individual with which Owner enters into a Construction Contract.
7. Engineer’s Opinion of Probable Construction Costs (EOPCC) – Engineer’s opinions of probable
Construction Costs made on the basis of Engineer’s experience, qualifications, and general familiarity with
the construction industry. However, because Engineer has no control over the cost of labor, materials,
equipment, or services furnished by others, or over contractors’ methods of determining prices, or over
competitive bidding or market conditions, Engineer cannot and does not guarantee that proposals, bids, or
actual Construction Cost will not vary from opinions of probable Construction Cost prepared by Engineer.
8. Instrumentation & Controls (I&C) – A division of Engineer’s services which focuses on the measurement
and control of process variables and functions within an industrial setting using hardware, software, and
programming with the intent of optimizing productivity and repeatability of common operating procedures.
9. Newspaper - The Bozeman Daily Chronicle
DocuSign Envelope ID: 0917F668-31A3-4669-B43B-C08227AC28FE
Exhibit A – Project Scope and Fee Definition
Bozeman Sourdough Tank Rehabilitation Project21-000 – Bozeman PRV Improvements Ph I
Exhibit A Page 2 of 10
10. Professional Land Surveyor (PLS) – A professional surveyor as recognized and licensed by the Montana
Department of Labor and Industry Board of Professional Engineers and Professional Land Surveyors.
11. Technical Data – Those items expressly identified as Technical Data, with respect to either (1) existing
subsurface conditions at or adjacent to the Site, or existing physical conditions at or adjacent to the Site
including existing surface or subsurface structures (except Underground Facilities) or (2) Hazardous
Environmental Conditions at the Site.
a. If no such express identifications of Technical Data have been made with respect to conditions at
the Site, then Technical Data is defined, with respect to conditions at the Site, as the data contained
in boring logs, recorded measurements of subsurface water levels, assessments of the condition of
subsurface facilities, laboratory test results, and other factual, objective information regarding
conditions at the Site that are set forth in any geotechnical, environmental, or other Site or facilities
conditions report prepared for the Project and made available to Engineer.
b. Information and data regarding the presence or location of Underground Facilities are not intended
to be categorized, identified, or defined as Technical Data, and instead Underground Facilities are
shown or indicated on the Drawings.
12. Underground Facilities – All active or not-in-service underground lines, pipelines, conduits, ducts,
encasements, cables, wires, tanks, tunnels, or other such facilities or systems at the Site, including but not
limited to those facilities or systems that produce, transmit, distribute, or convey telephone or other
communications, cable television, fiber optic transmissions, power, electricity, light, heat, gases, oil, crude
oil products, liquid petroleum products, water, steam, waste, wastewater, storm water, other liquids or
chemicals, or traffic or other control systems. An abandoned facility or system is not an Underground Facility.
13. Work—The entire construction or the various separately identifiable parts thereof required to be provided
under the Construction Contract Documents. Work includes and is the result of performing or providing all
labor, services, and documentation necessary to produce such construction; furnishing, installing, and
incorporating all materials and equipment into such construction; and may include related services such as
testing, start-up, and commissioning, all as required by the Construction Contract Documents.
DocuSign Envelope ID: 0917F668-31A3-4669-B43B-C08227AC28FE
Exhibit A – Project Scope and Fee Definition
Bozeman Sourdough Tank Rehabilitation Project21-000 – Bozeman PRV Improvements Ph I
Exhibit A Page 3 of 10
12.2. - Assumptions & Exclusions:
1. Project Management of all Phases will include the following services:
a. Project Management Plan with ongoing planning updates.
b. Supervision and direction of project priorities and communications with project staff.
c. Monthly budget review, invoicing, documentation/file management, and on-going misc. project
administration.
d. Project status review meetings with Owner’s Representative.
e. Quality assurance and quality control review with Engineer’s technical supervisor(s).
2. Where improvements and the construction contractor’s activity is expected to cause disturbances to the
existing site conditions, the construction contractor will be required to restore the site to match the existing
conditions – less the removal of trees and other features scheduled for demolition by the Contract Documents.
Design of any site improvements, asphalt pavement mix designs, and/or landscaping improvements which
exceed the existing conditions are outside of the scope of the Engineer’s services and if required shall
constitute grounds for equitable compensation through a duly executed amendment.
3. Phase 030 Deliverable is assumed to function as the 60% deliverable and will be provided digitally for
Owner’s review without a formal, in-person review meeting. Owner’s Review Comments will be
incorporated into the Phase 040 Deliverables.
4. Engineer may rely upon any Owner supplied Record Drawings as Technical Data.
5. Instrumentation & Controls drawings will not be included in the Bidding Documents.
6. Owner will be responsible for all DEQ review fees charged for regulatory review.
7. Owner will be responsible for all costs to advertise Invitation to Bid in the Newspaper.
8. Bound hard copies of Executed Contract Documents (excluding reproduction of Specifications) is projected
to be approximately 250 pages. Hard Copies provided by Engineer are estimated at $0.30/page or $75 for
each set printed. Actual expenses will be based on final page count and calculated using Engineer’s Standard
Expense Schedule.
9. Bound hard copies Project Manual is projected to be approximately 800 pages. Hard Copies provided by
Engineer are estimated at $0.30/page or $240 each. Actual expenses will be based on final page count and
calculated using Engineer’s Standard Expense Schedule.
10. Bound hard copies of Project Drawings are projected to be approximately 36 pages long. Actual Expenses
will be based on final page count and calculated using Engineer’s Standard Expense Schedule.
a. ANSI B | 11” x 17” = $10.80 each set
b. ANSI D | 22” x 34” = $187.20 each set
11. At Owner’s direction, the services of Professional Land Surveyor (PLS) or Geotechnical investigations will
be limited to the following:
a. No geotechnical investigations will be conducted.
b. Survey for underground and overhead utility lines in the tract of land occupied by the Sourdough
Montessori School bound between Trooper Trail, Sourdough Road, and the Access road to the
Sourdough Tank facility.
c. Owner to provide civil/site Record Drawings to show all existing conditions Underground Facilities
within the fence-line of the Sourdough Tank facility in *.dwg file format for Engineer’s
incorporation into Construction Set.
DocuSign Envelope ID: 0917F668-31A3-4669-B43B-C08227AC28FE
Exhibit A – Project Scope and Fee Definition
Bozeman Sourdough Tank Rehabilitation Project21-000 – Bozeman PRV Improvements Ph I
Exhibit A Page 4 of 10
i. If *.dwg file format is not available, Engineer shall be entitled to equitable adjustment in
compensation for services to reproduce and/or collect the field data required for
development of Construction Contract Documents.
d. Survey data will rely upon LiDAR Data supplied by the City of Bozeman.
e. The scope of PLS services will exclude any investigation of easements, land acquisition, or
construction permissions from adjacent landowner. Owner will complete investigations for
Easements for any Work scheduled for completion within the tract of land described above.
i. Owner to provide defined boundaries or any easements Owner possesses for operations in
its drainage swale for General Contractor’s reference.
f. Work anticipated to occur on this tract of land is limited to the replacement of the Owner’s existing
drain line between the Sourdough Tank and the drainage swale outlet near the intersection of
Sourdough Road and Trooper Trail.
i. This is the only work anticipated to occur outside Owner’s property line.
12. Design does not include condition assessment on existing drainage piping. Owner to define extent for
replacement quantity of underground drainage pipe.
13. Owner is responsible for operations in Owner’s Drainage Easement.
a. Engineer not responsible for communicating impacts of Owner’s or Contractor’s operations which
will utilize the Owner’s drainage easement. Where such operation impact local homeowner’s whose
property overlaps with Owner’s drainage easement, Owner will coordinate communications with
the appropriate homeowners.
14. Structural Analysis performed on Owner’s tank assumes the following:
a. Owner shall provide record drawings of the Sourdough Tank and Domed Roof structures with
sufficient detail to satisfy Engineer’s understanding of each structure’s existing construction. Owner
responsible for performing investigations to collect data required for Engineer’s analysis if sufficient
data is not present for completion of engineering evaluations.
b. Prior to completion of Structural Analysis, Owner shall approve in writing the engineering
assumptions necessary to account for reductions in structural safety factors for the conditions
observed, but not quantified, in reports of Condition Assessments prepared within the last 5 years.
c. If Engineer’s analysis justifies structural bracing of the Sourdough Tank to brace against lateral
earth pressures, Engineer’s design will only include permanent bracing system.
d. Contractor’s structural bracing needs during construction will be left to Contractors means and
methods through the explicit request for an Owner Delegated Design as defined in EJCDC C-700,
2018 Edition.
15. Integration of Instrumentation and Controls of PAX ® (or equal) mixers or any electrical devices
incorporated in the design with the Owner’s SCADA system is not included in design.
16. Scoping for subsequent project development time is not included in this Agreement.
17. Design excludes assumed quantities for rehabilitation work which may or may not be required or identified
after subsequent Condition Assessments are performed.
18. EOPCCs are excluded from Engineer’s Scope:
a. This is a proposed method to reduce Professional Design Fees to meet Owner’s Budget.
b. If Owner requires greater assurance as to probable Construction Cost, then Owner agrees to obtain
an independent cost estimate.
19. AE2S will only be required to provide digital review copies to Owner, Contractor, and Owner’s regulatory
reviewers. If Owner’s Contractor’s or regulatory reviewers require hard copies, Owner will be responsible
for cost of producing and delivering copies of Plans and Specifications to respective parties.
DocuSign Envelope ID: 0917F668-31A3-4669-B43B-C08227AC28FE
Exhibit A – Project Scope and Fee Definition
Bozeman Sourdough Tank Rehabilitation Project21-000 – Bozeman PRV Improvements Ph I
Exhibit A Page 5 of 10
20. Unless conducted on the Owner’s DocuSign Platform, Engineer will facilitate the collection of Construction
Contract Documents but Owner is responsible for legal review and approval for all Construction Contract
Documents prior to final execution of said documents and the issuance of the Notice to Proceed.
21. Contractor responsible for means and methods to meet Owner’s disinfection requirements prior to placing
tank back in service.
DocuSign Envelope ID: 0917F668-31A3-4669-B43B-C08227AC28FE
Exhibit A – Project Scope and Fee Definition
Bozeman Sourdough Tank Rehabilitation Project21-000 – Bozeman PRV Improvements Ph I
Exhibit A Page 6 of 10
12.3. Phase 030 – Preliminary Design Phase
12.3.1. OBJECTIVE:
· The objective of the Preliminary Design Phase will be to develop a preliminary Project Manual and
60% Completion Drawings for upgrades to the Sourdough Tank.
· Upgrades generally consist of the following work:
o General maintenance cleaning to remove built-up sand/grit/gravel;
o Surface preparation of existing reservoir to facilitate for future condition assessment;
o Replacement of existing access hatches;
o Addition of secondary access hatch for operational flexibility;
o Detail replacement of all existing handrails with new handrail desired by Owner;
o Detail replacement of steel ladder inside Sourdough Tank;
o Detail replacement of the existing vent at apex of existing dome roof;
o Detail replacement of existing overflow piping inside Sourdough Tank;
o Detail replacement of isolation valve in valve vault in yard;
o Detail replacement of existing clay drain pipes (per Owner defined limits of replacement
within fence line);
o Detail installation of 2 PAX ® (or equal) Tank Mixers;
o Structural analysis of Sourdough Tank to be summarized in short Technical Memorandum:
Assumes structural evaluation of lateral earth pressures on existing structure when
devoid of water.
Recommendations to inform Owner’s decision to include permanent bracing
systems;
Recommendations to require (or not require) Construction Bracing;
Structural modifications to existing domed roof for access hatch modifications.
· Design disciplines anticipated includes the following:
o Survey – existing conditions, topo, utilities, and property lines of the facility, stamped by a
Professional Land Surveyor.
o Site/Civil – site civil, site-piping, and minor grading improvements around the tank.
o Process – ancillary appurtenances (e.g.: hatches and ladders) and process equipment
improvements (e.g.: tank mixers).
o Structural – construction details pertinent to the installation of the ancillary tank
appurtenances, and existing structural conditions pertinent to Contractor’s Work.
NOTE: Structural scope excludes design of structural bracing. Structural analysis
is suspected/anticipated to conclude that the tank can adequately support the
lateral earth pressures present. If structural analysis determines bracing is
required, structural design services may be added by amendment.
o Electrical – Electrical connection for operation of process improvements (i.e. PAX mixer).
· Deliverables generated for this Phase will be considered 60% complete and revised to 90%
complete after receiving all final review comments from the City of Bozeman.
12.3.2. DELIVERABLES:
· Technical Memorandum:
o Structural analysis of Sourdough Tank’s capacity to withstand existing lateral earth pressures.
· Front End Procurement and Bidding Documents
o Ready for the City’s review by City Attorney and Engineering Department.
o Prepared in substantial conformance with the Montana Public Works Standard Specifications (7th
Edition – April 2021).
DocuSign Envelope ID: 0917F668-31A3-4669-B43B-C08227AC28FE
Exhibit A – Project Scope and Fee Definition
Bozeman Sourdough Tank Rehabilitation Project21-000 – Bozeman PRV Improvements Ph I
Exhibit A Page 7 of 10
· Procurement Drawings
o Considered to be 60% Complete and ready for review by the City Engineering Department
· Procurement Specifications
o Table of Contents of required spec sections – to follow CSI’s MasterFormat (50 Divisions layout).
NOTE: Not all 50 Divisions will be utilized. Specification Sections included in the Project
Manual will be limited to those pertaining to the Work.
· Preliminary Design Review Meeting:
o Review Meeting to discuss the Preliminary Design Phase Deliverables, Project schedule, and other
aspects of the Project.
12.3.3. ESTIMATED FEE: See 12.9. Estimated Compensation Summary Table
12.3.4. ESTIMATED SCHEDULE: See Exhibit B.
DocuSign Envelope ID: 0917F668-31A3-4669-B43B-C08227AC28FE
Exhibit A – Project Scope and Fee Definition
Bozeman Sourdough Tank Rehabilitation Project21-000 – Bozeman PRV Improvements Ph I
Exhibit A Page 8 of 10
12.4. Phase 040 – Final Design Phase
12.4.1. OBJECTIVE:
· The Objective of Phase 040 – Final Design will be to incorporate Owner comments from the Phase
030 Deliverables into the design and progress the Procurement Bidding Documents, Drawings, and
Specifications towards a 90% and final completion deliverable for advertisement by Owner for
purposes of soliciting Construction Bids.
· Deliverables generated in this Phase will be considered 90% complete and will be revised to 100%
complete after receiving all final review comments from the City of Bozeman and DEQ
12.4.2. DELIVERABLES:
· Front End Procurement and Bidding Documents.
o Updated to conform to the City of Bozeman’s review comments from the City Attorney
and the City Engineering Department.
· Procurement Drawings
o Updated to reflect a 90% level of completion and incorporating changes discussed at the
Preliminary Design Review Meeting and those comments received from the City of
Bozeman within the Owner’s Review period.
· Procurement Specifications
o Updated to reflect a 90% level of completion and incorporating changes discussed at the
Preliminary Design Review Meeting and those comments received from the City of
Bozeman within the Owner’s Review period.
o The Sequence of Work Specification will include the Owner’s Proposed Project Schedule.
Said Schedule will be developed by Engineer in conjunction with Owner’s review and
approval with the purpose of communicating a period of time for Contractor’s to include
in their Construction Schedule to allow for Owner and its Engineer and Engineer’s
Consultant(s) to perform a condition assessment on the structure while the tank is offline.
· Final Design Review Phase
o Review meeting with Owner to discuss the Final Design Deliverables, Project bidding
schedule, and other aspects of the Project.
12.4.3. ESTIMATED FEE: See 12.9. Estimated Compensation Summary Table
12.4.4. ESTIMATED SCHEDULE: See Exhibit B.
DocuSign Envelope ID: 0917F668-31A3-4669-B43B-C08227AC28FE
Exhibit A – Project Scope and Fee Definition
Bozeman Sourdough Tank Rehabilitation Project21-000 – Bozeman PRV Improvements Ph I
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12.5. Bidding or Negotiating Phase
12.5.1. OBJECTIVE
· The objective of Bidding or Negotiating Phase will be the solicitation of bids from qualified
contractors. Engineer will facilitate Owner’s Advertisement for Construction Bids, Bid Opening,
Notice of Award, and Construction Contract compilation prior to final execution by Owner and
Contractor.
· Expenses to publish the Owner’s Advertisement in the Newspaper will be invoiced by the
Newspaper directly to the Owner.
12.5.2 DELIVERABLES:
· Advertisement for Construction Bids.
· Hosting Procurement Documents on Quest CDN.
· Hosting Pre-Bid Conference.
· Issue corrections to Bidding Documents via addenda (fee assumes maximum of 1 addendum).
· Recommendation of Award.
· Draft the Notice of Award (for execution by Owner).
· Draft Notice to Proceed (for execution by Owner).
· Compile and Facilitate the execution of all Construction Contract Documents.
· 3 hard copies of Executed Contract Documents.
· 3 hard copies of Project Manuals & Project Drawings Issued for Construction.
o Project Drawings to be printed on 11 x 17 only.
o Full size Project Drawings are available at additional charge.
12.5.3 ESTIMATED FEE:
· See 12.9. Estimated Compensation Summary Table
12.5.4 ESTIMATED SCHEDULE:
· See Exhibit B.
DocuSign Envelope ID: 0917F668-31A3-4669-B43B-C08227AC28FE
Exhibit A – Project Scope and Fee Definition
Bozeman Sourdough Tank Rehabilitation Project21-000 – Bozeman PRV Improvements Ph I
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12.6. Phase 060 – Construction Phase
12.6.1. Reserved.
12.7 Phase 070 – Post-Construction Phase
12.7.1. Reserved.
12.8. Phase 080 – Instrumentation and Controls Phase
12.8.1. Reserved.
12.9. ESTIMATED COMPENSATION SUMMARY TABLE
Estimated Compensation Summary Table
DocuSign Envelope ID: 0917F668-31A3-4669-B43B-C08227AC28FE
Exhibit A – Project Scope and Fee Definition
Bozeman Sourdough Tank Phase I Rehabilitation-2021-000 – Bozeman PRV Improvements Ph I
Exhibit B Page 1 of 1
EXHIBIT B
TO AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES
Estimated Project Schedule
This Exhibit is attached to, made a part of, and incorporated by reference with the Agreement made on
, between CITY OF BOZEMAN (OWNER) and Advanced Engineering and Environmental Services,
LLC (ENGINEER) providing for professional engineering services.
Project Schedule:
Authorization to Proceed:............................................................... November 22, 2023
Phase 030 – Preliminary Design Phase Review Meeting: .................. January 31, 2024
Phase 040 – Final Design Phase Review Meeting: .............................. March 29, 2024
DEQ Review .......................................................................................... April 30, 2024
Phase 050 – Bidding or Negotiating Phase:
Advertisement for Construction Bids .................................. May 6, 2024
Pre-Bid Conference ........................................................... May 20, 2024
Bid Opening ....................................................................... May 30, 2024
Notice of Award ................................................................ June 17, 2024
Notice to Proceed ................................................................ July 29, 2024
Sourdough Tank Offline ............... No Sooner Than September 15, 2024
Assumptions:
o Owner’s technical staff will provide technical review comments within two weeks of receipt of
deliverables.
o Owner’s City Attorney will provide legal review comments within four weeks of receipt of
deliverables.
o DEQ will provide regulatory review comments within four weeks of receipt of review submittal, or
Owner’s payment of review fees charged by DEQ, whichever occurs last.
o Engineer will incorporate Owner’s review comments withing 2 weeks of receipt of comments and
will proceed with the subsequent phases within the scope of the Agreement.
DocuSign Envelope ID: 0917F668-31A3-4669-B43B-C08227AC28FE
Exhibit A – Project Scope and Fee Definition
Bozeman Sourdough Tank Phase I Rehabilitation-2021-000 – Bozeman PRV Improvements Ph I
Exhibit C Page 1 of 1
EXHIBIT C
TO AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES
Engineer’s Maximum Billable Direct Labor Costs & Reimbursable Expense Rates
This Exhibit is attached to, made a part of, and incorporated by reference with the Agreement made on
, between CITY OF BOZEMAN (OWNER) and Advanced Engineering and Environmental Services,
LLC (ENGINEER) providing for professional engineering services.
Maximum Billable Direct Labor Costs
Engineer 4 $66.50
Engineer 3 $58.00
Engineer 2 $41.00
Engineer 1 $37.50
Construction Services 4 $47.00
Construction Services 3 $44.00
Construction Services 2 $35.00
Engineering Tech 5 $41.00
Engineering Tech 4 $38.00
Engineering Tech 3 $33.00
Engineering Tech 2 $29.00
Engineering Tech 1 $22.00
I&C 4 $57.00
I&C 3 $51.00
I&C 2 $47.00
Reimbursable Expense Rates**
Transportation $0.75/mile
Survey Vehicle $0.95/mile
Laser Printouts/Photocopies $0.30/copy
Plotter Printouts $1.00/s.f.
UAS - Photo/Video Grade $100.00/day
UAS – Survey $50.00/day
Mapping GPS $25.00/hour
Fast Static/RTK GPS $50.00/hour
Cellular Modem $75.00/month
Legal Services Reimbursement $250.00/hour
Outside Services cost * 1.15
Geotechnical Services cost * 1.30
Out of Pocket Expenses cost * 1.15
Project Specific Equipment Negotiable
** These rates are subject to adjustment each year on January 1.
DocuSign Envelope ID: 0917F668-31A3-4669-B43B-C08227AC28FE