HomeMy WebLinkAbout97- Woodward-Clyde International Americas Professional Services Agreement
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PROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made as of August 11 , 1992., between THE CITY OF
BOZEMAN, a Municipal Corporation, Bozeman, Montana, 59771-0640 (OWNER) and
Woodward-Clyde International Americas, (ENGINEER).
Whereas the accomplishment of the work and services described in this Agreement is essential to
the OWNER's public works improvement program.
Whereas the OWNER intends to and has selected the ENGINEER to provide necessary and
professional engineering services for the project.
Whereas the ENGINEER represents that it is willing and qualified to perform the professional
engineering services for this project described in this Agreement.
Therefore, in consideration of the foregoing recitals and the mutual covenants and conditions
contained herein, the parties agree as follows:
The conditions and provisions set forth in the attached EXHIBIT A - Scope of Services, EXHIBIT B -
Estimated Price, and EXHIBIT C . Schedule of Fees and Charges, are hereby incorporated in and
made part of this Agreement.
ARTICLE 1 - ENGINEERING SERVICES
1.1. The general description of the specific project components is described as follows:
The City of Bozeman is working on short and long-term water resource planning, including
development of a water efficiency and conservation plan for the best us of the water supply, review
of methods of protecting the Sourdough Creek water rights, and preliminary site and geotechnical
investigation and environmental assessment for a Sourdough Creek Dam. The effects of
implementation of a water conservation plan for the City of Bozeman must be anticipated by the
ENGINEER in all planning and analyses done for said Sourdough Creek Dam. This project involves
Public involvement to determine the watershed issues that need to be addressed, engineering
evaluation and cost estimates for water storage to replace the old Mystic Lake, and a preliminary
environmental assessment.
1.2. The scope of services under this contract are set forth in this agreement and the attached
EXHIBIT A.
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
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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.ln.Charge for the duration of the project. The
Principal.ln.Charge shall be Mr. Rich Millet.
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 Mr. Terry Arnold. The OWNER may
name a Task Director who would be the liaison between the ENGINEER and the OWNER during the
design segment of the Project.
2.7. The ENGINEER shall submit an estimated progress schedule at the beginning of the work,
and monthly progress reports thereafter until the project is completed.
ARTICLE 3 - OWNER'S RESPONSIBILITIES
3.1 The OWNER shall name a Task Director who shall be the liaison between the ENGINEER
and the OWNER during design segment of the Project. The Task Director designated shall be Phillip
J. Forbes, Director of Public Service.
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.
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 for the Sourdough Creek project
including consultation, investigations, surveys, testing, analyses, design, and construction
management as defined in Exhibit A . Scope of Services, and other services related to the project
that may be included by execution of an Addendum to this Agreement.
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ARTICLE 5 . ADDITIONAL SERVICES
5.1. If OWNER wishes ENGINEER to perform any of the following Additional Services, OWNER
shall so instruct ENGINEER in writing, and ENGINEER shall perform or obtain from others such
services and will be paid therefor as provided in the Agreement.
5.1.1 Legal land surveys performed to obtain data for preparing easements and rights-of-
way descriptions.
5.1.2 Preparation of applications and supporting documents for governmental agencies in
addition to those required under Basic Services; preparation or review of environmental studies and
related services; and assistance in obtaining environmental approvals.
5.1.3 Services resulting from significant changes in the general scope, extent or character
of the Project or major changes in documentation previously accepted by OWNER where changes
are due to causes beyond ENGINEER's control.
5.1.4 Providing renderings or models.
5.1.5 Preparing documents for alternate bids requested by OWNER for work not executed
or for out-of-sequence work.
5.1.6 Providing other services not otherwise provided for in the Agreement, including
services normally furnished by the OWNER as elsewhere herein described.
5.1.7 Furnishing the services of independent professional associates or consultants for
other than Basic Services.
ARTICLE 6 . COMPENSATION FOR ENGINEERING SERVICE
6.1 PAYMENT FOR LABOR AND EXPENSES OF ENGINEER FOR BASIC SERVICES.
6.1.1 OWNER shall pay for the services under Exhibit A in accordance with Exhibit B.
The method of charging for the services shall be as set forth in Exhibit C. ENGINEER periodically
shall submit invoices to OWNER. OWNER shall pay each invoice within thirty (30) days of the date
of the invoice. However, if OWNER objects to all or any portion of any invoice, OWNER shall notify
ENGINEER of the objection within fifteen (15) days from date of the invoice, give reasons for the
objection, and pay that portion of the invoice not in dispute.
6.1.2 In addition to the above, if payment of ENGINEER invoices is not maintained on a
thirty (30) day current basis. ENGINEER may, by ten (10) days written notice to OWNER, suspend
further periormance, and withhold any and all data for work that has not been paid for, from OWNER
until the invoice payments are restored to current basis.
6.1.3 If at any time during the course of the project 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 of the project work. ENGINEER shall obtain written authorization from OWNER, prior to
incurring any additional costs. The amount and terms of any additional compensation shall be
negotiated and agreed in writing pursuant to 9.17.
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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 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.
7.4 REIMBURSABLE EXPENSES
Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's
independent professional associates or consultants directly in connection with the Project, such as
expenses for: transportation and subsistence incidental thereto; obtaining bids or proposals from
Contractor(s); subsistence and transportation of Resident Project Representatives and their
assistants; toll telephone calls and telegrams; reproduction of reports, Drawings, Specifications,
Bidding Documents and similar Project-related items; and if authorized in advance by OWNER,
overtime work requiring higher than regular rates. In addition, when compensation for Basic
Services is on the basis of Direct Labor Costs method of payment, Reimbursable Expenses will also
include the amount billed to ENGINEER by special consultants employed by ENGINEER and
authorized by OWNER (other than as an authorized Additional Services) and will also include
expenses incurred for computer time and other specialized equipment, including an appropriate
charge for previously established programs and expenses of photographic production techniques.
The cost of services subcontracted by Engineer to others and other reimbursable expenses incurred
by Engineer will be charged at cost plus 10 percent.
ARTICLE 8 - PAYMENT PROVISIONS
8.1 TIMES OF PAYMENTS. ENGINEER may submit monthly statements for Basic Services
and approved Additional Services rendered and for Reimbursable Expenses incurred; however,
payments shall not exceed the ceilings provided in 6.1. Final payment shall be made only after
acceptance of the project by the OWNER. If OWNER disputes the amount of the billing, OWNER
will notify the ENGINEER in writing within fifteen (15) 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, personnel billing rates, detail of
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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 it's 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
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.
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, judgments, expenses
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(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, to the extent arising out of the Engineers negligent act, 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 on the Engineers Comprehensive General and Automotive Liability
policies, 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:
Tvpe of Coveraae
Limits
Workers Compensation and Employers' Liability:
Statutory
Comprehensive General Liability:
Bodily Iniurv & Property
Damaae Single and combined
$ 1.000,000 combined single limit
per accident
Automobile:
Bodilv Iniurv covering all
automobiles, trucks,
tractors, trailers, or
other automotive equipment
whether owned or rented
by Engineer or owned by
employees of Engineer.
$1.000.000 combined single limit
each occurrence
Property Damaae covering
all automobiles, trucks,
tractors, trailers or other
automotive equipment whether
owned or rented by Engineer
or owned by employees of
Engineer
$500.000 combined single limit
each occurrence
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or
Bodily Injury and property damage single or combined $500.000 combined single limit
each occurrence
Professional Errors & Omission:
$ 1.000.000 per claim and annual
aggregate
9.9 ENDORSEMENT
The ENGINEER shall place his seal and signature on design drawings and other data furnished by
him. The Engineer shall be duly registered and licensed as a professional engineer by the Montana
Board of Professional Engineers and land Surveyors.
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. Reuse of any material described
above by OWNER on extensions of this project or on any other project without ENGINEERS' written
authorization shall be at OWNER's risk. and OWNER agrees to indemnify, defend and hold harmless
ENGINEER from all claims, damages and expenses, including attorneys' fees, arising out of such
unauthorized reuse.
9.11 PUBLIC INFORMATION
The ENGINEER shall not issue any statements, releases or information for public dissemination
without prior approval of the OWNER except for the responsibilities defined in Exhibit A - Scope of
Services, Public Involvement Tasks.
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.
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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 CONSTRUCTION PROCEDURES
ENGINEER, except for its own services, shall not specify construction procedures, manage or
supervise construction, or implement or be responsible for health and safety procedures; shall not be
responsible for the acts or omissions of contractors or other parties on the project; and shall not have
control or charge of and shall not be responsible for construction means, methods, techniques,
sequences, or procedures, or for safety precautions and programs. ENGINEER Testing or inspection
by ENGINEER of portions of the work of other parties on a project shall not relieve such other parties
from their responsibility for performing their work in accordance with applicable plans, specifications
and safety requirements.
9.17 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.
~~~ ~Z~M~MO~TANA
(City Manager)
DATE: August 25. 1997
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ENGINEER
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EXHmIT A - SCOPE OF SERVICES
Sourdough Creek Dam Project
The approach to the Sourdough Creek Dam project is to provide an integrated team to assist
the City in developing a safe facility that will blend in with the environment and meet
community needs.
The Scope of Work will include the following tasks:
. Task 1.0 - Public Involvement
. Task 2.0 - Geotechnical Evaluation and Engineering
. Task 3.0 - Environmental Assessment
Task 1.0 Public Involvement Scope of Work - Introduction
Woodward-Clyde will perform the following scope of work to accomplish the Public
Involvement portion of the Sourdough Creek Dam project for the City of Bozeman.
Woodward-Clyde will work closely with the City in developing and implementing the tasks.
The scope of work will include the following tasks:
. Task 1.1 - Public Input and Public Involvement Plan
. Task 1.2 - Broad Spectrum Task Force
. Task 1.3 - Public Involvement Implementation
Performing these tasks will provide for early public input into the process and determine the
issues that need to be addressed related to the watershed issues.
Task 1.1
Public Input
To obtain public input for the project and understand community concerns, Woodward-Clyde
will conduct Community Surveys and Media Reviews.
Community Surveys: Woodward-Clyde, with input from the City, will assemble a list of
citizens and organizations to be contacted for input. A survey form will be developed and
submitted to the City for review and approval. After the survey form has been approved,
Woodward-Clyde will conduct 25 telephone surveys of individuals. The results of the
interviews will be compiled and provided to the City for review. This information will also be
used to tailor the Public Involvement Plan (PIP) to address the needs and concerns of the
public.
Media Reviews: Woodward-Clyde will conduct a review oflocal newspapers for watershed
issues in the Bozeman area. After collecting and reviewing the articles, Woodward-Clyde will
prepare a summary of the information obtained. General socioeconomic information will also
be collected.
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Information collected during the media reviews and community surveys will be incorporated
into a public involvement plan. This plan will address the current issues and concerns of
citizens, current and past public opinion about the project, and an approach for dealing with
those concerns. This plan will be used as a reference document for public involvement in each
stage of the project. Minutes from the Task Force meetings, including input received and
actions discussed, will be provided to each Task Force member, the Project Manager, and the
City of Bozeman. Based on this information, periodic newsletters, responsiveness summaries
or other tools may be included to enhance communication and public involvement on this
project. Responsiveness summaries and newsletters will need to be updated throughout the
project to address current issues and concerns of the public. As the project develops, other
tools and techniques will be utilized with input from the Task Force, the technical staff, and
the City of Bozeman. For example, workshops on the alternatives or developing education
packets for local schools and museums may be developed in the second or third year of the
project. Input provided at each stage of the project will be used to develop and refine the
tools necessary to meet the project needs, and to incorporate the public involvement program
throughout the life of the project.
Woodward-Clyde will analyze and compile the findings into a summary in the PIP. This
summary will provide the basis and direction for further public involvement tasks.
The PIP will be developed from information obtained from the Selected Citizen Interviews,
Community Surveys, and the Media Review. Woodward-Clyde will compile this information
to develop a project-specific PIP which will include the following sections:
. Site Background and History
. Past Public Involvement Efforts
. Public Concerns
. Public Involvement Strategy and Objectives
. Target Audiences
. Public Involvement Techniques (Activities)
. Public Involvement Tools (Materials)
. Roles and Responsibilities for Implementing the Tools and Processes
. Public Involvement Schedule
Task 1.2 Broad Spectrum Task Force
Woodward-Clyde, will work with the City Commission to develop selection criteria and to
select 6 to 10 Task Force members. These Task Force members will then select 3 to 5
additional members. The Task Force will be selected from a list of individuals from varied
stakeholder groups and will contain up to 15 members. Woodward-Clyde with input from the
City, will:
. develop and reproduce the meeting agendas,
. reserve and set-up meeting space,
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. arrange for or supply equipment needed for the meetings (overheads, screens,
podium, etc.),
. order, pick-up, and set-up refreshments (if needed),
. facilitate meetings including the development of a charter, and
. take minutes/record for the meetings.
We wiII hold the meetings periodically (a total of two meetings in the first year). After each
meeting, Woodward-Clyde wiII compile the minutes of the meeting and provide those to the
City. Any recommendations or comments from the City or Task Force members wiII be
addressed so that the meetings are productive and effective.
Task 1.3
Public Involvement Implementation
Woodward-Clyde will implement public involvement based on the recommendations given in
the PIP. These recommendations will be derived from the information obtained from the
Selected Citizen Interviews, Community Surveys, and the Media Reviews.
Woodward-Clyde proposes the following tools/techniques be conducted the first year
of the project:
Newsletters: Woodward-Clyde, with input from the City, will develop two newsletters.
These newsletters will address project issues and answer questions frequently asked by the
public. Woodward-Clyde wiII work with the City to develop specific issues to be addressed.
Text, design, layout, reproduction, and mailing ofthe newsletters will be conducted by
Woodward-Clyde with input from the City. The newsletters will be black and white and four
pages long. All newsletters wiII be reviewed and approved by the City before reproducing and
distributing. Woodward-Clyde will work with the City to develop a mailing list of the
citizens, organizations, and/or repositories that need to receive the newsletter in the mail.
Approximately 500 newsletters will be printed. We have assumed that the City will mail the
newsletters.
Public Meeting: Woodward-Clyde will work closely with the City to determine appropriate
locations and topics to be presented at the Public Meeting. This meeting wiII be conducted in
an Open House format. Woodward-Clyde, with input from the City, will:
. prepare and place meeting announcement,
. provide logistical preparation,
. design and develop display boards, comment cards, and other presentational
materials, and,
. facilitate the meetings.
One Public Meeting/Open House will be conducted the first year of the project. The City wiII
provide a court reporter to record and transcribe for the official record. The Open House
should be held in the late afternoon/early evening time frame (i.e., an Open House from 4:00 -
8:00 p.m.). This would allow parents to attend the meeting briefly before or after picking up
children from daycare; as well as coordinating with day workers schedules. The City will
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reserve a meeting location in a local school, town hall, or library to provide a neutral facility at
a reasonable cost.
After each Open House, Woodward-Clyde will meet with the City to provide an overview or
debriefing on the meeting. This meeting will be a concise review of what worked at the
meeting and what can be improved prior to the next meeting. Woodward-Clyde will also
update and maintain a mailing list of all interested parties, including agencies, community and
environmental groups, concerned citizens, property owners, and other known interested
parties. Woodward-Clyde will provide this list in a two-column format in IBM-based
Microsoft Word or other preferred software.
Woodward-Clyde will work with the City to determine which local newspapers, radio, and/or
television stations to use for advertisements for the Open Houses. Woodward-Clyde will
develop and design an advertisement for the Open House. The City will review and approve
before they are released to the press.
Working closely with the City, Woodward-Clyde will develop up to 4 display boards for the
Open House. These boards will be developed on various topics of the project and displayed
around the meeting room. Woodward-Clyde, with input from the City, will also develop,
design, and reproduce a comment card to be used at the Open House for the public to record
their concerns and questions. Fact sheets and newsletters, that have been previously
developed, will be handed out at the Open House along with the comment cards.
Summary
This scope of work, recommended for the first year of the project, will ensure that information
is collected efficiently and early in the process, and be provided to the public in an effective
manner. Utilizing these tools/techniques will generate positive public involvement, establish
dialogue with the public, build confidence in the project, and ensure successful completion of
the project. Other tools/techniques, such as workshops and focus groups, described in the
RFP, will be addressed in subsequent years of the project.
Task 2.0 ~ Engineering and Geotechnical Evaluation
The purpose of the site selection study is to identify critical conditions that affect dam safety,
public concerns, environmental issues, and project costs early in project development,
avoiding problems later. The principal engineering and geologic tasks that will be completed
for this study are:
. Task 2.1 - Review Existing Data and Development of Project Objectives
. Task 2.2 - Geologic/Geotechnical Siting Analyses Sites
. Task 2.3 - Seismic Assessment
. Task 2.4 - HydrologiclHydraulic Assessment
. Task 2.5 - Preliminary Dam Designs and Layouts
. Task 2.6 - Hydropower Assessments
. Task 2.7 - Construction Cost Estimates
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Task 2.1 ~ Review Existing Data and Development of Project Objectives
Review existing reports for water supply for the City of Bozeman and evaluate a) current and
historical water consumption and population, and b) projections of population growth and
future water needs. Review the existing water supply system and the results of the initial
community survey and public meeting with the City and identify the objectives for the project.
It is anticipated that the project objectives that will be identified could include evaluation of
conservation measures, water supply system improvements, and alternative supply sources, as
well as potential water storage sites that will be evaluated in Task 2.2.
Task 2.2 - Geologic/Geotechnical Siting Analyses
The dam and reservoir site geologic assessments include evaluation of foundation conditions
for dam construction, review of landslide potential, and material availability estimates for
construction.
a) Site Reconnaissance
Review geologic reports, maps, and aerial photos and conduct an aerial reconnaissance of six
alternative sites to observe identified geologic features such as landslides and faults.
Alternative site locations will be visited to confirm geological features identified in the aerial
reconnaissance. An outline checklist will be used to identify rock type/depth, degree of
weathering, and potential geologic hazards. The checklist and site photographs will assist
ranking the alternative sites and forming the basis for a subsurface investigation.
b) Subsurface Investigations
Previous investigations include drilling of a test hole at one site on Bozeman Creek and a
seismic traverse, and 4 test holes at a Limestone Creek site.
We estimate two deep exploratory holes up to 100-foot deep will be drilled. Drilling will
consist of two holes at one preferred site or one hole at two sites depending on the results of
the reconnaissance, and previous investigations. Geologic cross-sections will be prepared for
design use in estimating requirements for depth of foundation excavation and foundation
treatment.
Geological cross-sections for two sites and a letter report addressing the geological suitability
will be provided.
Task 2.3 - Seismicity Assessment
a) Available Data Review and Air Photo Interpretation
Compile and review both published and unpublished literature and data relevant to the
seismologic and tectonic setting of the site region. We will also contact individuals
knowledgeable about the site region, particularly Montana Bureau of Mines and Geology
scientists.
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b) Seismicity Data Compilation and Analysis
We will compile and evaluate the historical seismicity of the site region to identify areas of
significant earthquake activity and to characterize the frequency of background earthquakes.
c) Ground Motion Analyses
Based on information from the previous subtasks, the seismic sources considered most
significant to the dam will be characterized in terms of their fault geometry, source-to-site
distances, maximum magnitude and possibly recurrence. Upon selection of the Maximum
Credible Earthquake (MCE) most significant to the proposed dam site, earthquake ground
motions will be estimated. An empirical approach based on actual strong ground motion
records the use of empirically based attenuation relationships which will be used to estimate
both peak ground accelerations and acceleration response spectra. MCE and Operating Basis
Earthquake ground motion parameters will be developed for use in the preliminary project
design.
Task 2.4 - Hydrologic/Hydraulic Assessments
This task will include the assessment of reservoir yield, flood hydrology, and associated
hydraulics at the potential dam sites. Flood hydrology for the design of the spillway will be
based upon the requirements of the State of Montana and published meteorological data.
A review of existing data will be performed to collect background hydrological information
including precipitation and streamflow records. Historical records will be analyzed to
determine the average minimum and maximum annual runoff yield for the upstream
watersheds at the potential dam sites. Design inflow hydrographs will be prepared and flood
routings will be conducted to develop spillway size and to estimate the level of reservoir
surcharge that could occur as a result of the spillway design flood. This task will include
preparation of reservoir storage capacity curves and sizing of the outlet works to meet the
City's release and State of Montana's dam safety requirements.
Task 2.5 ~ Groundwater Supply Assessment
We will review previous groundwater studies and assessments of potential groundwater
supplies that have been published and/or, information available through the University. We
will develop a groundwater supply concept based on the area most likely to provide the
required water supply. We will also develop the estimated costs for well installation and
conveyance to Bozeman for comparison with other water supply alternatives. In addition, we
will make recommendations on future investigations that would be needed to confirm the
technical feasibility of a well field, siting, and design.
Task 2.6 - Preliminary Dam Design
This task will include the preliminary layout of alternative dams for the initial site screening
and the more detailed layouts that will be prepared for two selected dam sites. Selection of
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the two dam sites recommended for the detailed study will be based upon cost of storage (cost
per acre foot of storage) and the geologic suitability of the sites.
The feasibility level design drawing for the two selected sites will include a plan, a profile, and
a maximum cross-section of the dam. The drawing will also include the reservoir storage
elevation curve and the outlet works discharge curve.
Task 2.7 M Hydropower Assessment
This task will assess the potential for. hydropower production at one site. This assessment will
include an estimate of annual power produced, the incremental cost of the hydropower
facility, and an assessment of the market value oflocal power.
The power study will be conducted to estimate the annual energy that could be produced at
the proposed dams. The annual energy will be estimated based upon the reservoir discharge
obtained from a reservoir operation study.
The incremental project cost for the hydropower facility will include the cost of the
powerhouse, hydro mechanical equipment, electrical equipment and controls, and transformer
and transmission facilities. The production cost of energy produced will be estimated based
upon the annualized cost to construct and maintain the hydropower facility. The hydropower
production cost will be given in mils per kilowatt-hour. This estimated production cost will
be compared with the market value of local power to determine the economic feasibility of
constructing a hydropower plant.
Task 2.8 - Construction Cost Estimates
We will develop a detailed estimate of the total construction costs for two sites using unit
prices developed by using our database of project bids, and the estimating and bidding
experience of our cost estimators.
Task 3.0 - Environmental Assessment
The two primary tasks to complete the preliminary environmental analysis required include:
. Task 3.1 - Site Reconnaissance Study
. Task 3.2 - Initial Assessment of Potential Environmental Impacts.
Task 3.1 - Site Reconnaissance Study
A reconnaissance study will be conducted to provide background information to the we
engineering staff (or City staft)for preliminary site selection. We will identify and describe
potential environmental concerns associated with each site alternative, identify potential
environmental fatal flaws that could be associated with one or more alternatives. A
bibliography of sources will be developed
We will obtain input from specialists from the state and federal resource and land management
agencies as part of this initial task. The reconnaissance visit to the study sites would include a
walk-through evaluation to consider the potential for an area to contain sites of cultural,
archaeological, or historic significance. However, this evaluation could indicate only the
likelihood for such resources to be present; a more complete inventory would have to be
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completed at a proposed reservoir location during later, more comprehensive design and
planning studies.
Task 3.2 - Assessment of Potential Environmental Impacts
Using the information derived from Task 3.1, and the preliminary engineering analyses, we
will prepare an assessment of the potential environmental impacts, public input, and ranking of
the top two sites for further consideration.
Key environmental concerns would be highlighted to focus on the effects that could prohibit
use of the preferred alternative, or otherwise result in significant impacts to human health or
the environment. Environmental impact predictions will be based on professional judgment
and information from readily accessible sources, as well as the project-specific understanding
of short- and long-term effects.
A summary comparison of environmental effects will be included, along with a list of potential
mitigations to be considered to reduce, alleviate, or eliminate impacts. We will also provide
the City with a preliminary list of environmental approvals, permits, and consultation actions
that could be needed to implement a preferred alternative.
Our approach to these tasks will be to rely to the extent possible on existing and available
information for the study areas supplemented by site-specific site review.
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EXHIBIT B - ESTIMATED PRICE FOR SCOPE OF SERVICES
Sourdough Creek Dam Project
The price for Professional Services for Tasks 1 through 3 shall not exceed the costs presented
in Table B-1 except as provided in 6.2.3. Our services for Tasks 1 through 3 will be
performed on a time and materials basis. Our price estimate was developed based on
projected hours, staffing, and hourly unit rates for different staff levels. Payment oflabor
costs and other direct costs will be in accordance with the contract and the Schedule of Fees
and Charges in Exhibit C. Each task will be separately accounted with each billing statement.
TABLE B-1
Estimated Price For Professional Services - Basic Scope
Task 1 - Public Involvement
$26,200
Task 2 - Engineering and Geotechnical Evaluation
$102,500
Task 3 - Environmental Assessment
$21.1 00
$149,800
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C - SCHEDULE OF FEES A...i"
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EXHIR
CHARGES
The following describes the basis for compensation for senices perfonned through July I, 1998. This Schedule of
Fees and Charges will be adjusted after July 1. 1998 annually on January 1 of each subsequent year to reflect
merit and economic salary increases, and changes in the expected level and mode of oper1ltions for the new yeH.
The new Schedule of Fees and Charges ",'i11 apply to existing and new assignments.
PERSONNEL CHARGES
The charge for all time required in the performance of the
Scope of Services, including office, fic::ld and travel time, v.ill
be at the Unit Price Hourly Rates set forth below for the laoor
classifications indicated.
Labor Classil1cation
Clerk
Technical TypistNIord Processor"
Editor/DrafterfDesigner/Tll ustrator"
Lab/Field Supervisor/Senior Technician"
Technician"
Assistant Stafl' Professional
Staff Professional
Senior Staff Professiona I
Assistant Project Professional
Project Professional
Senior Project Professional
Consulting Professional
Senior Consulting Professional
Principal/Sf. Principal Professional
Hou rlv Ra Ie
30
40
46
55
33
39
54
65
73
85
96
103
119
119
Charges for contract persorU1e1 under W -C SUpervISion and
using W-C facilities \\ill be made according to the hourly rate
corresponding to their classification.
When staff are performing project fieldwork, a minimum daily
charge of 4 hours v.ill apply.
When W...c staff appear as expert witnesses at court trials,
arbitration hearings, mediation and depositions, their time will
be charged at $250.00 per hour.
Overtime (hours worked in excess of eight (3) hours per day)
by exempt personnel v.ill be charged at the above straight time
hourly rate. Overtime by non~xempt personnel (c1assifiC3tions
identified v.i th an asterisk "''') \\ill be charged at 1.3 times
the above hourly rates.
Special project accounting reporting and financial services,
including submission of invoice support documentation \\ill be
charged at the rate of a clerk.
W-C u..BORA TORY SERVrCES
The charges for laboratof)' testing performed at W-C facilities
are set forth in the Schedule of W-C Laboratory Testing
Charges.
orffER PROJECT CHARGES
Subcontracts and Equipment Rental
The cost of services subcontracted by W-C to OL'l~S. and other
costs incurred by W-C, willlx charged at cost plus 10%, '
Communic.ations
The cost of communications for ofTice telephone, kkx.
facsimile, postage and incidental copying costs \\illlx charged
at a flat rate of 3,5% of total gross labor charges,
Computers
The charge for use of in-house computers for spre.;.dsheets,
word processing and other similar functions is S7,00 p<:r hour.
The charge for use of Computer-Aided IXsign and Drafting
(CADD), graphics generation, modeling applications and
similar technical computing is $25.00 per hour. The charge
for use of the Geographic Information Systems (GIS) is $35.00
per hour.
11 addition to the aoo\'e, there \\illlx a charge of S5,00 each
for pap<:r plot and S 15.00 e.1ch for mylar plot generated by the
CADD and GIS systems,
Document Reproduction
In-house reproduction \\ill be charged at SO.1O a page for
black & white and S 1 ,50 a page for color for kttcr, legal, arld
11 X 17 size copies_ Other size docwnent copling \\ill be
charged at S2.75 a page.
Vehicles and Mileage
Field vehicles (pick-ups, vans, trucks, etc.) u.s<:d on project
assignments "ill be charged at $60.00 p<:r day. The mileage
charge for personal autos \\i1l be the current mileage rate
established by the Internal Revenue Service.
SC'CCialized Equipment
The use of specialized W-C equipment \,ill be L1e fixed rental
rates set forth in the Schedule of W-C Sp<-'Cialized Equipment
Charges.
I
L.
This lee sc/I.:dul-e cO/ltains cO/lfldwtial busin~s in/ormariorr and is flot to be copied
or distributed/or any purpose other thCUl tile us," intmded in this cO/ltract or proposaL
:.t,WltFEE.CO: Il.::!.)-.YC.'pro~*-u.'"~,,
Woodward-Clyde
Denver, Colorcdo
LA.
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