HomeMy WebLinkAbout93- HKM Assoc. Professional Services Agreement
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PROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made as of October 18 , 1993, between THE CITY OF
BOZEMAN, a Municipal Corporation, Bozeman, Montana, 59771-0640 (OWNER) and
HKM ASSOCIATES, Bozeman, Montana, 59771-1090 (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 update the Water Facilities Master Plan and the Wastewater
Facilities Master Plan for the City of Bozeman 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:
1.1.1 Study Area Characterization. Establish and characterize study area, planning period,
population projections and water and wastewater plans.
1.1.2 Water Facility Master Plan. Collect and analyze data to update, make recommendations
for revising water facilities plan, and provide cost estimates of implementing plan.
1.1.3 Inflow and Intiltration (III) Evaluation. Collect and analyze data to determine the
nature and extent of III in the system and to identify locations of major III contributions.
1.1.4 Wastewater Facility Master Plan. Collect and analyze data to update, make
recommendations for revising wastewater facilities plan, and provide cost estimates of implementing plan.
1.2 The scope of services under this contract are set forth in ARTICLE 4 of 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.
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2.2 The ENGINEER shall furnish alllahor, 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 he 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-Chargtl tor the duration of the prqject. The Principal-In-Charge
shall be Alhert T. Kersich.
2.6 The ENGINEER shall name a Project Manager who shall he the liaison between the ENGINEER and the
OWNER. The Project Manager shall he James Kaercher. The ENGINEER shall name a Resident Project Engineer
to coordinate local operations with OWNER. The Resident Project Engineer shall he William A. Hunt. The
OWNER may name a Task Director who would be the liaison between thtl ENGINEER and the OWNER during
the Project. "
2.7 The ENGINEER shall submit an estimated progress schedule at the beginning of the work, and monthly
progress reports thereafter until the project is completed.
ARTICLE 3 - OWNER'S RESPONSIBILITIES
3.1 The OWNER shall name a Task Director who shall he the liaison between the ENGINEER and the
OWNER during the Project. The Task Director designated shall he Craig Brawner.
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 (as-built drawings, construction records, etc.) indicating the
existing configuration of the city utilities.
ARTICLE 4 - BASIC ENGINEERING SERVICES
The ENGINEER shall render professional Engineering Services for the following SCOPE OF SERVICES.
HKM Associates will provide the City of Bozeman with engineering and technical services necessary for preparing
a Water Facilities Master Plan and a Wastewater Facilities Ma....ter Plan. A separate written report will be
prepared for each Master Plan. The scope of services will he divided into four phases:
1. STUDY AREA CHARACTERIZATION
II. WATER FACILITY MASTER PLAN
III. INFILTRATION AND INFLOW EVALUATION
IV. W ASTEW A TER F ACILlTY MASTER PLAN
The specific tasks, methodologies and services included in each of these phases are summarized in the following
paragraphs.
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4.1 STUDY AREA CHARACTERIZA nON
The initial step is to establish and characterize, in detail, the study area, the project planning period, existing and
future population projections, and existing and future water demands and wastewater flows and loads.
4.1.1 Defining existing water & sewer service area. Delineate water pressure zones within the
existing service area and characterize demands using current maps to delineate residential, commercial and
industrial subareas. Delineate current drainage areas and the layouts of the existing main interceptors and
collector lines in service areas within the sewer system.
4.1.2 Define future water service areas. The extent of the service area for this study will be
established as follows:
a. Review and establish the annual volume of water for which the City of Bozeman
currently has rights or use permits from a review of Bozeman's amended application for
reservation for water in the Upper Missouri River Basin prepared by HKM under
Sections 85-2-316 and 85-2-331 MCA in October, 1991.
b. Define a 20-year and 50-year service area by considering geographic constraints, pressure
zones and treatment plant locations. Input from the City will be requested to establish
the desired service area boundaries.
c. Review the current land uses in the Master Plan area to establish population density
prqjections.
d. Review the population growth and annexation patterns for Bozeman and the Master Plan
jurisdictional area during the past 40 or 50 years.
e. Contact members of City-County Planning Office, Gallatin Development Corporation,
realtors and developers to determine the trends and the needs in extraterritorial
development.
f. Estimate total annual water usage in prqjected areas based on land usage patterns within
expanded service areas for 20~ and 50-year time frames.
g. Review the findings with the City to establish the final service area study limits and
population projections.
4.1.3 Define future sewer service area. The future sewer service area will be defined to
coincide with the water service area when possible. Drainage basins will be identified and used to define
service subareas within the total service area. Areas that will require pumping stations will also be
identified. For the service subareas delineated, the following characteristics will be identified: wastewater
loading, sizing and general location of interceptors, collectors, and relief sewers.
4.1.4 The City will be asked to approve both the water and sewer service areas before the
Facility Evaluations proceed.
4.1.5 Prepare CAD mapping of both the water and sewer system. HKM will prepare CAD
maps fi.)r both the water and sewer system utilizing the base map provided by the City of Bozeman. The
maps will be drawn at a scale of one (1) inch equals 1,000 ft. A computer disc of the mapping in
AutoCAD format will be provided to the City. One reproducible drawing of each system map will be
provided to the City.
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4.2 WATER FACILITY MASTER PLAN
A. Facilities Evaluation. The purpose of updating the Water Facilities Master Plan is to evaluate existing
and future facilities needs. This will be accomplished by using (1) study area population and demographics,
(2) available water supply and usage data and (3) current regulatory and design standards. The purposes of the
evaluation of the facilities are to:
a) develop a list of capital improvements of new construction or upgrading existing facilities to
provide added capacity for new service areas,
b) develop a plan of capital improvements for extending water lines to new service areas,
c) investigate alternatives for water supply storage, and
d) update the list of maintenance, repair and replacement items.
The existing and future facilities will be evaluated as follows:
4.2.1 Meeting with City. HKM will meet with the Water Superintendent, the Water Treatment
Plant Superintendent and representatives from the City of Bozeman Engineering Department to (a) review
the physical condition of the components of the existing water facilities, (b) review type of operating
records available, and (c) establish procedures for obtaining any "on-line" data, as may be necessary, and
(d) detennine which facilities require inspection and operating data.
4.2.2 Selection of computer program. HKM will use the most recent version of CYBERNET
program for the computer modeling. The differences between it and the computer program (Water 11) used
in the previous studies will be reviewed with the City Engineering Department.
4.2.3 Computer modeling. HKM will perform computer modeling of the distribution systems
in the existing and proposed service areas to determine (a) components in existing system requiring
upgrading and (b) the optimum system for providing the water needs for the future. The modeling includes
supply source flows, treatment plant capacity, storage, transmission, and distribution for average and peak
demand conditions. The modeling requires the following steps:
a. Develop data base for the model. Input data and results from the 1988 modeling study
will be reviewed to determine data requiring updating. Deficiencies in the data and
results as applied to the existing and future water facilities will be assessed using data
developed in Phase A:
I) Water usage records by user class,
2) Population and demographics of the service area, and
3) Water supply data.
b. Correct data deficiencies. Only that data necessary to correct the deficiencies will be
obtained. These data may include but not be limited to:
1) Updated hydrant test flow data for given locations,
2) Continuous pressure recording at given locations,
3) Records of reservoir water surface elevations and flow meters, and
4) Water lines and elevations in areas annexed since 1988.
c. Determine the peak demand conditions. If continuous records are available, daily
demand curves may be generated to determine the peak hourly demand.
d. Define existing and future pressure operating ranges and establish pressure zones.
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e. Check the model calibration. Results obtained by using 1988 input data will be compared
with actual hydrant test data to verify model calibration. If needed, model will be
recalibrated to accurately reflect system conditions. The lump sum cost includes up to
six (6) simulation runs for calibrating the model.
f. Model the proposed service area extensions. Proposed services into new service areas
will be reviewed with City Engineering Department and Water Department personnel
prior to modeling. The lump sum cost includes up to twelve (12) simulation runs on
trunk and transmission lines into extended service areas.
g. Investigate implementation of pressure zones. Modeling will include runs to address the
installation of pressure-reducing valves at appropriate locations in the existing distribution
system and future expansions to it. Lump sum cost includes up to eight (8) simulation
runs for investigating the use of pressure-reducing valves in the system.
h. Investigate alternatives for water storage. Basic water storage scenarios to be analyzed
include (1) long-term storage upstream from the water treatment plant, (2) storage of
treated water in the vicinity of the water treatment plant and (3) storage tanks in the
distribution system.
4.2.4 Standards and regulations. HKM will review current and evolving regulatory
requirements and design standards and determine their impacts on the upgrading, replacing, or constructing
of water facility components.
4.2.5 Input and output data files. HKM will provide the City of Bozeman with selected input
and output files used in the modeling analysis. These files will be delivered in tabular form and as
computer disk files.
4.2.6 Assistance in use of model. HKM will provide an aggregate of eight (8) hours of
instruction on the installation and use of the model to employees of the City of Bozeman. HKM will
provide documentation supplementing the user manual issued with the computer software. Supplemental
information will (a) detail the procedures used in developing and summarizing the model input data, listing
default values assigned to parameters for the Bozeman system, showing alternative uses of output files not
covered in the software user manual, and (b) address input, output and modeling techniques specific to the
Bozeman Water System. One of the objectives of the modeling efforts is to provide the City Engineering
Department with an updated, user-friendly water distribution analysis program with updated input data on
the water system for "in-house" use as an operational and planning tool.
B. Water Treatment Facilities. Included are the Bozeman Creek Water Treatment Plant and treatment at
the Lyman Creek Reservoir. The following tasks will be conducted:
1. Evaluate capacity of the treatment plant components.
2. Evaluate physical and hydraulic condition of the plant equipment.
3. Evaluate sludge disposal capacity.
4. Review historical testing results and evaluate in regard to the impact current and proposed
regulations may have on the treatment requirements.
5. Evaluate the piping hydraulics of the raw water transmission lines on the water treatment facilities
operation.
C. Identification of Needs and Development of Implementation Plans. An identi fication of capital
improvements needs and an implementation schedule will be developed using the results of the facilities master plan
update. This identification will contain two major categories: (1) maintenance, repair and replacement, and (2)
capital improvements. These categories will address the following:
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1. Maintenance, repair and replacement (MRR). Determine the costs of those components of the
facilities which require repair or replacement to provide for the needs of the existing system. The
distinctions between MRR costs, capital improvements and system upgrades required by the
expanded service areas will need to be mutually agreed upon for this phase. The MRR assessment
and plans will also address the future manpower, equipment and operating costs associated with
the expansion of the service area.
2. Capital improvements. Determine costs projected for (a) new construction to extend the existing
facilities into areas outside the current service area, and (b) upgrading components of the existing
system to accommodate the delivery of water to new service areas inside and outside the existing
service area boundaries. The capital costs associated with these improvements will be identified.
Based on the capital improvement assessment, development trends, and jurisdictional policies, an
order of priorities will be recommended.
D. Presentation of Results. Preliminary reports and maps, after a review by the appropriate governing
bodies, will be presented at a public hearing. HKM will review information ohtained from these meetings with the
City of Bozeman and make the appropriate revisions to the reports and maps. The following formats are proposed
to present the results.
1. Comprehensive report presents a description of the existing and extended service areas, summaries
of the capital improvements components and costs of maintenance and operations, and outline of
the principal data and methodology used in obtaining the results. Ten copies of the report will
be provided to the City.
2. Maps showing (a) the Water Facilities Master Plan, (b) the service areas of each transmission
trunk line, (c) improvements in the existing and future systems, and (d) a schematic diagram of
the coding notation used in modeling the water system. All maps will be contained in
"A UTOCAD" files on computer disks with copies delivered to the City Engineering Department.
The maps will be developed from "as-huilt" drawings and other information provided hy the City.
No surveying will be done to verify locations.
4.3 INFILTRATION AND INFLOW (III) EVALUATION
4.3.1 Review wastewater treatment plant flow records. Daily flow charts will be reviewed for
flows which occurred during the winter, spring, and summer. The early morning flows will be evaluated
to determine a baseline flow.
4.3.2 Ohtain and review storm data. Precipitation data will be obtained and correlated with
increases in flow at the wastewater treatment plant. Historical records from a minimum of three storm
events will be analyzed.
4.3.3 Define drainage zones and pipe lengths. Divide the collection system into drainage zones.
Correlate the flow per zone with the inch-diameter-mile of pipe in the zone and the total length of pipe
in the zones.
4.3.4 Survey. Survey key invert elevations in the existing collection system to verify elevations
tor the computer model.
4.3.5 Flow monitoring. Install measuring flumes amI flow meters at thirteen locations in the
collection system. Each location will be monitored (a) during the low flow period between 1 :00 a.m and
6:00 a.m., (b) for a normal "dry" day at approximately two-hour intervals, and (c) during three storm
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events, if possible. The majority of the monitoring will occur during June and the early part of July. An
abbreviated monitoring program will be conducted in the late fall or winter to establish minimum base line
TIT flows. The flow at each location will be evaluated individually and in an integrated manner to
determine the base flow and 1/1 flow from the major service area and to determine, if possible, those
subareas contributing abnormally high III flows.
4.3.6 Storm flow monitoring. During storm events, spot checks and flow monitoring will be
conducted at various manholes throughout the collection system to locate potential intJow locations. If
possible, three major storm events will be monitored.
4.3.7 Obtain and review maintenance records and tapes. Meet with City staff to review known
or suspected areas of high III. Obtain and review any maintenance and repair records on the sanitary sewer
system during the last 10 years. Review any TV tapes that have been made on the sewer system, as may
be needed.
4.3.8 Smoke testing. Areas in the sewer system f()r which the tJow monitoring shows
abnormally high inflow rates mav be smoke tested. Smoke tests may be conducted only after reviewing
with the City the potential benefits and reduction in III flows possible through remedial measures. If it
is undertaken, the smoke testing program will be negotiated with the City of Bozeman as an
"Additional Service" on a lump swn basis.
If undertaken, the City will be responsible for the costs of publishing a notice in the local paper. The City
will assist in notifying building owners and occupants before any smoke testing begins.
4.3.9 Meet with City. When base flows, average daily flow variations and initial storm events
have been established for the four (4) major service areas and the nine (9) subareas determined from the
drainages and initial results, HKM will schedule a meeting with the City of Bozeman to review the results
and to determine if additional monitoring is required during the early summer period. Flows from a tenth
subarea isolating the central business district are not included in the nine subareas initially monitored. If
additional flow monitoring is necessary, in addition to that isolating the central business district, the
additional expense will be negotiated as an "Additional Service" item.
4.3.10 Report. The results of the III investigation will be included in the Wastewater Facility
Master Plan report.
4.4 WASTEWATER FACILITY MASTER PLAN
A. Facilities Evaluation. The facilities evaluation will analyze the existing collection and treatment system for
their capacity to meet existing and future needs. The evaluation will include the items listed below:
4.4.1 Collection System
l. Develop a computer model of the collection system. Line length and slope data will be
obtained from the City. Input flows for maximum development within the existing
service area and for major service areas and subareas and design capacities will be
developed based on the tJow monitoring and the study area characterization. The future
service areas will include all currently platted lots and annexed areas plus areas
designated as probable growth areas by the City and City-County staff planning and
engineering personnel.
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2. Hydraulic deficiencies for design loadings will be identified in service areas and subareas
of the existing system. General locations of relief sewers will be investigated in the
models of the existing system.
3. Identify drainage and sewerage characteristics for existing and future service areas and
subareas. The characteristics to be identified or developed include (a) loadings for
maximum development of the areas, (b) existing locations and tentative future locations
and estimated sizes of interceptors, trunk lines and collectors, drainage areas, and (c)
flow or anticipated flows in these lines. At City's request, USGS quad maps will be used
to define drainage areas. It is emphasized that the accuracy of the USGS quad maps is
limited and the actual drainage areas may be different than can be identified using quad
maps. This may require some deviations from the alternatives identified in the Master
Plan if elevation differences are found to be significant during a later design.
4. Identify capital improvements needed to correct deficiencies in existing service areas and
subareas and improvements required to expand the sewerage system to the future service
areas and subareas.
5. Prepare mapping to show improvements required in existing system and master~ planned
improvements for the design flows in existing and future service areas and subareas.
6. Prepare cost estimates for recommended improvements and expansions.
4.4.2 Treatment System
1. Obtain and review flow and determine hydraulic and organic loading on each system
component.
2. Develop a mass balance for the treatment system.
3. Determine and document percolation rate for each infiltration/percolation (IIP) pond. It
is assumed the City will provide historical operational data and, if current data are
desired, personnel to take water level readings on each pond after it has been filled.
4. Review the current sludge-holding and disposal methods. Determine the capacity of the
existing sludge disposal system. Assess alternative disposal methods.
5. Review the historical sludge testing and application data and determine the life of the sites
currently being used for sludge disposal. Evaluate the City's current and future
compliance with the current federal sludge regulations.
6. Assist the City to identify and develop criteria for siting new sludge application sites.
The need for this task will be reviewed with the City after completion of Task 5 and if
the criteria are to be developed, the cost of Task 6 will be negotiated as an "Additional
Service" on a lump sum basis.
7. Prepare cost estimates for capital improvements required.
4.4.3 Presentation of Results
1. A Comprehensive Report will be prepared which presents a description of the existing
and extended service area, describes existing deficiencies and improvements required, and
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present,> a summary of the estimated capital costs of the improvements recommended.
Ten copies of the comprehensive report will be provided.
2. Maps showing the wastewater collection system with the existing and future system
improvements indicated will be provided. The maps will include a master map of the
system and individual maps of the respective service subareas. All maps will be supplied
in .. AutoCAD" files on computer disks with copies delivered to the City Engineering
Department.
3. HKM will meet with the City staff when the facility plan evaluation is at approximately
the 50 percent and 95 percent completion points to review results and obtain input from
the City staff.
4. Results will be presented at one public forum before the City Conunission.
ARTICLE 5 ~ ADDITIONAL SERVICES
5.1 If OWNER wishes ENGINEER to perform any of the following Additional Services, OWNER shall so
instruct ENGINEER in writing, and ENGINEER shall perform or obtain from others such services and will be paid
therefor as provided in the Agreement:
5.1.1 Legal land surveys performed to obtain data for preparing easements and rights~of~way
descriptions.
5.1.2 Preparation of applications and supporting documents for governmental agencies in
addition to those required under Basic Services; preparation or review of environmental studies and related
services; and assistance in obtaining environmental approvals.
5.1.3 Services resulting from significant changes in the general scope, extent or character of
the Project or major changes in documentation previously accepted by OWNER where changes are due to
causes beyond ENGINEER's control.
5.1.4 Providing renderings or models in addition to those included in Basic Engineering
Services.
5.1.5 Preparing documents for alternate bids requested by OWNER for work not executed or
for out~of~sequence work.
5.1.6 ProviJing other services not otherwise provided for in the Agreement, including services
normally furnished by the OWNER as elsewhere herein described.
5.1.7 Furnishing the services of independent professional associates or consultants for other than
Basic Services.
5.2 When required by the Contract Documents in circumstances beyond ENGINEER's control, ENGINEER
shall perform or obtain from others any of the following Additional Services as circumstances require during
construction and without waiting for specific instructions from OWNER, and ENGINEER will be paid therefor as
provided in this Agreement:
5.2.1 Services in connection with work directive changes and change orders to reflect the
changes requested by OWNER if the resulting change in compensation for Basic Services is not
commensurate with the additional services rendered.
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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 PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER
6.1.1 Lump Sum Payment. The OWNER shall for services performed as Basic Engineering
Services under sections 4.1 through 4.4 of this agreement pay a lump sum in the amount of $78.105.00
for such services.
6.1.2 Payment Schedule. Total cumulative payments for the engineering services (sections 4.1
through 4.4) shall not exceed the following ceilings:
$15.420.00 (20 % of fee) until the Preliminary Report of the Infiltration and Inflow Evaluation has been
submitted to the OWNER.
$23.130.00 (30% of fee) until the Preliminary Report of the Study Area Characterization has been
submitted to the OWNER and review authorities.
$46.260.00 (60% of fee) until the Preliminary Report of either the Water Facilities Master Plan or the
Wastewater Facilities MasterPlan has been submitted to the OWNER.
$71. 700.00 (93 % of fee) until the Preliminary Reports of both the Water Facilities Master Plan and the
Wastewater Facilities Master Plan 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 the Agreement .
6.1.4 Reimbursable Expenses. Only those expenses specifically identified for payment under
section 7.4 of this Agreement are reimbursable and are included in the lump sum payment for the Basic
Services. All other design related expenses are included in the Lump Swn Payment for the Basic
Services (4.1. through 4.4.) and are not separately reimbursable. Additional Services specifically
identified under the Scope of Basic Services for payment under 6.1. are not separately reimbursable.
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6.2 DIRECT LABOR COST METHOD OF PAYMENT FOR ADDITIONAL SERVICES
6.2.1 Direct Cost Method. The owner shall for services performed as Additional Services
under Sections 5.1 and 5.2 of this Agreement pay a negotiated amount based on the Engineer's Direct
Labor Costs stated in Section 7.3 times a factor of 2.65 plus Reimbursahle ExpeIL"e.., defined in Section
7 .4. The Scope and Cost of Additional Services will be agreed to in writing prior to initiating work on
the Additional Services. The Cost of such Additional Services is not included in the Lump Sum
Payment tor Basic Engineering Services.
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 pf(~iect 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 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. Billable Labor rates shall be equal to the Direct Lahor Cost times a factor of 2.65, for
the purposes of this Agreement. For the principals and employees of the ENGINEER, typical Direct Lahor Costs
are
Principals $40/hour
Project Manager $25/hour
Senior Engineer $211hour
Staff Engineer $18/hour
Senior Technicians $14/hour
CADD Drafter $14/hour
Technicians $12/hour
Clerical $9/hour
Engineering Aide $7/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 t()r: transportation
and subsistence incidental thereto; obtaining bids or proposals from Contractor(s); subsistence and transportation
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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 6.1.2. Final payment shall be made only after acceptance of the project by the OWNER. If
OWNER disputes the amount ofthe 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 f(lr payment shall include a documentation sununary 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 PA YMENT UNDER TERMINATION. In the event of termination by the OWNER upon the completion
of any phase of the Basic Services, progress payments due ENGINEER f(lr 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 it's convenience at any time upon fifteen (15) days written notice to the
ENGINEER.
9.1.2 If termination f()r default is effected by the OWNER, an equitable adjustment in the price
provided for in this Agreement shall be made, but (I) 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, f(lr 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.
BozW&WFAC 12 BOZ-AGREE.VI
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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 tennination, 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 tide
employee, working solely for the ENGINEER, to solicit to secure this contract, and that he has not paid or agreed
to pay any company or person, other than bona fide employees working solely for the ENGINEER, any fee,
commission, percentage, brokerage fee, gifts or any other considerations contingent upon or resulting from the
award or making of this Contract. For breach or violation of this warranty, the OWNER shall have the right to
annul the Contract without liability or in its discretion to deduct from the price or consideration or otherwise recover
the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
All employees of the ENGINEER or other persons while engaged in the performance of work or services required
by the ENGINEER shall be considered employees of the ENGINEER only and not of the OWNER.
9.4 NONDISCRIMINATION
The ENGINEER will not discriminate on the basis of race, color, religion, creed, political ideas, sex, age, marital
status, national origin or disability in employment or provision of services. 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.
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.
BozW&WFAC I3 BOZ-AGREE.VI
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9.6 STANDARD OF CARE
ENGINEER warrants that it will provide its services in accordance with the standards of care, skill, knowledge,
and diligence normally exercised by a professional engineer in the performance of such engineering services. If
any such service should be discovered 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 nonperformance
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
The ENGINEER shall comply with all Federal, State, and Local laws and ordinances applicable to the work to be
done.
The ENGINEER agrees to indemnify, hold harmless and defend the OWNER and its officers, agents and employees
against any and all actions, suits, claims, demands, costs, judgements, expenses (including a reasonable attorney's
fee), and liability of any character whatsoever brought or asserted for any injury, death, or damage received or
sustained by any person, persons, property, business or any other entity, arising out of or resulting from, or in
connection with the performance of the work herein specified. The ENGINEER is not required to defend the
OWNER from assertions that the OWNER was negligent, or indemnify the OWNER from liability based solely on
OWNER's negligence. The indemnity required here shall not be limited by reason of the specification of any
particular insurance coverage in this Agreement.
The ENGINEER is and shall perform this agreement as an independent contractor, and as such, is responsible to
the OWNER only as to the results to be obtained in the work herein specified, and to the extent that the work shall
be done in accordance with the terms, plans and specifications. The ENGINEER shall have and maintain complete
control over all of its employees, subcontractors, agents and operations, being responsible for any required payroll
deductions and providing required benefits, such as, but not limited to, worker's compensation with statutory limits,
and unemployment insurance.
9.8 INSURANCE
The ENGINEER shall secure and furnish to the OWNER certificate of insurance, therein, naming the OWNER as
an additional insured, to include thirty (30) days notice of cancellation or non-renewal.
Without limiting any of ENGINEER's obligations hereunder, ENGINEER shall secure and maintain, until the work
is completed and accepted by the OWNER, insurance coverage naming the OWNER as additional insured with
minimum insurance coverage as follows:
Type of Coverage Limits
Employers' Liahilitv: $ 100,000 per accident
General Liability:
Bodily Iniury & Property Damage
Single and combined $ 1 ,000,000 per accident
Automobile:
Bodily Iniury covering all automobiles, $ 500,000 each person
trucks, tractors, trailers, or other auto-
motive equipment whether owned or rented by $1,000,000 each occurrence
BozW&WFAC 14 BOZ-AGREE.VI
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Property DamalZe covering $ 500,000 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 Iniury & Property Damage 500,000 each occurrence
Single and combined
Professional Errors & Omission: $ 1.000.000 per claim and
aggregate each occurrence
9.9 ENDORSEMENT
The ENGINEER shall place his endorsement on all drawings and other data furnished by him.
9.10 OWNERSHIP OF DOCUMENTS
All schedules, data, exhibits. recommendations, design reports, plans, specifications, and other related documents
prepared or obtained under the terms of the Contract are deemed to be the property of the OWNER and shall be
delivered to the OWNER.
9.11 PUBLIC lNFORMA TION
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 shaH 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.
BozW&WFAC 15 BOZ-AGREE.VI
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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.
In witness Whereof, the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN, MONTANA ENGINEER
, -l ~) LJ '-\ ;fJ.~ /~ . aY~
BY:~ A/'"\r.';j....J ~ BY:
\ (City Manager) "\ (Pr ident)
DATE: 10/18/93 DATE: /t) /y /9 ~
/ ~ -
ATTEST:
BY, ()~ J~
(Clerk of Commission)
APPROVED AS TO FORM
BY: ~A~&U{/{
, , Ci A to ey)
BozW&WFAC 16 BOZ-AGREE. VI
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AMENDMENT NO.1 TO PROFESSIONAL SERVICES AGREEMENT
UPDATE THE W ASTEW A TER FACILITY MASTER PLAN
TIllS AGREEMENT is made as of this 6th day of July
,
2000, between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, herein
referred to as OWNER and MSE-HKM, INC., an Engineering Consulting Firm of Bozeman,
Montana, herein referred to as ENGINEER.
WHEREAS, the parties have entered into a Professional Services Agreement dated October
18,1993, herein referred to as Original Agreement for professional engineering services to prepare
a Water Facility Master Plan and a Wastewater Facilities Mastcr Plan, and
WHEREAS, the OWNER is requesting additional services in accordance with Article 5.1.3
of the Original Agreement, and
WHEREAS, the parties desire to further amend the provisions of the Original Agreement.
NOW, THEREFORE, IN CONSIDER A TTON OF THE MUTUAL COVENANTS
CONTAINED HEREIN, the parties agree as follows:
l. ENGINEER will fumish additional services as defined in Exhibit A, tasks 1,2 and 3, which
is attached hereto and made part ofthis contract amendment.
2. OWNER will provide information as identified as "City Responsibilities" defined in Exhibit
A of this amendment.
3. The schedule for performing said services is defined in attached Exhibit A of this
amendment.
4. Add Section 6.2.2 to the Original Agreement to read as follows:
6.2.2 The OWNER shall pay for engineering services performed to update Bozeman's
1993 Wastewater Facility Plan, as defined in Exhibit A of this Agreement, an amount not
to exceed $9,899.00 except as provided under 6.2.1 and 6.2.2.2.
6.2.2.1 Costs Compensation. The OWNER shall pay for the services performed
based on the Engineer's Direct labor Costs as defined in Section 7.3, times a factor
of3.0, plus Reimbursable Expenses as detined in Section 7.4.
6.2.2.2 Notification. At any time it becomes apparent that the services rendered
under this Agreement will exceed the negotiated compensation ceiling 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 ofthe project work.
ENGINEER shall obtain written authorization from OWNER, prior to costs over
the contract ceiling being incurred. If it is determined the ENGINEER is entitled
Amendement Page 1 of 2
to additional compensation, OWNER and ENGINEER may negotiate terms as
provided under 6.2.1 and 6.2.2.1. The amount and terms of any additional
compensation shall be negotiated and agreed in writing pursuant to 9.16.
7. Except as specifically amended herein, the Original Agreement of October 18, 1993 shall
remain in full force and effect and the parties shall be bound by all terms and conditions
therein.
IN WITNESS WHEREOF, the parties hereto do make and execute this Agreement on the
day and year first above written.
CITY OF BOZEMAN
By" ~\
---.. .....'.-.. ._".....",, , ~,----
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Clark V. Johnson, City Manager
^ TTEST:
()~ of ~
Robin L. Sullivan
Clerk of Commission
?
APPROV~~,fS T,O F,e5~ ~
,/? ' ! ! : / , ti&t
By: ' ,.' rill 1. /".'.<.~,o/ {, / .
f/ City 7Qr _
/
ENGINEER
"/ ~Jl ~
By =j ~- ~ . Oif'
A TTES :
By:
Amendernent Page 2 of 2
EXlIIBIT A
SCOPE OF SERVICES AND COST
FOR
UPDATING TI-IE WASTEWATER FACILITY PLAN
FOR
BOZEMAN, MONT ANA
TASK 1 SITE VISIT
One site visit will be made to the treatment plant to review the plant performance with
City Staff and to obtain plant data. The physical condition and operation and
maintenance of process equipment will also be discussed with City staff.
TASK2-WASTEWATER TREATMENT PLANT EVALUATION
The treatment plant unit processes will be evaluated using current (1999-2000) flow and load data.
The capacity of each unit will be evaluated and shown in a process performance graph. The unit
process will be evaluated based on current standards as contained in Circular DEQ 2.
Specifically the following processes will be evaluated:
Grit Removal
Bar Screen
-
Primary Clarifiers
Gravity Thickner
- Aeration Basins
Blower Capacity
Final Clarifiers
.- Waste Sludge Pumps
Return Sludge Pumps
Flotation Thickner
Digesters
Sludge Storage Capacity
- liP cell capacity
Based on the unit process evaluation, recommendations will be made for needed improvements.
The current population will be updated and population projections revised if needed.
TASK 3- PREP ARE SUPPLEMENTAL REPORT
Three copies ofthe project report will be prepared and presented to the City
The present worth of the recommended alternatives will be computed
CITY RESPONSIBILITIES
Provide flow and load data from January 1999 through May 2000. The data will include the
following:
Daily influent flows
Monthly summary of flows
Exhibit A Page 1 of 2
~ Influent and Effluent BOD5, TSS
BOD5 and TSS in effluent of Primary Clarifiers (any data available)
~ BOD5 and TSS in effluent of gravity thiekner (any data available)
Process control calculations and data from January 1999 through May 2000.
- Sludge wasting volumes and concentrations from the gravity thickner and flotation thickner.
Sludge wasting volumes from the secondary clarifiers.
- MLSS from the aeration basins
Provide the Engineer with a discussion ofthe items 5 and 6 in the February 14, 2000 comment letter
from the DEQ to Craig Brawner. Item 5 concerns the City's O&M budget tor maintaining the
collection system. Item 6 concerns how the City will deal with encroachment on City
casements.
Provide the Engineer with a discussion on the City's pretreatment program.
Provide the Engineer with a discussion on the availability of land and acceptance of sludge in the
land application program.
SCHEDULE
Within 7 days of receiving the executed Agreement MSE-HKM, INC. will conduct the
site visit. The City will deliver flow and load data, as indicated in item 1 (under City
Responsibilities) at the time of the site visit.
Within 20 days of executing the Agreement, the City shall provide MSE-HKM, INC.
written responses to items 2,3, and 4 (under City Responsibilities). The written
responses shall be transmitted in an electronic format compatible with "Microsoft
Word". A hard copy of the written responses shall also be transmitted to the
Engineer.
Within 30 days of receiving the flow and load data, MSE-HKM, INC. will delivery 3
copies of a draft report to the City.
The City will review and return comments to MSE-HKM, INC. within 30 days of
receiving the draft report.
Within 30 days of receiving the City's comments MSE-HKM, INC. will send three
copies ofthe final report to the City.
COMPENSATION FOR ENGINEERING SERVICE
The Engineer will be compensated for work under this Contract Amendment per Article
6.2.]. The estimated cost of services for work in this Amendment will be billed per
Section 6.2.1 Direct Cost Method not to exceed $9,899.00 without prior approval from
the City.
Exhibit A Page 2 of 2