HomeMy WebLinkAbout21- Professional Services Agreement - DOWL - Resident Project Rep ServicesProfessional Services Agreement for [Resident Project Representative Services]
FY 2021 – FY 2022
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, __DOWL___, hereinafter referred to as “Contractor.”
The City and Contractor may be referred to individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Resident Project Representative
Services; Scope of Work and Proposal and by this reference made a part hereof.
2.Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5.Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
18th May 1
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competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be
paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s
normal place of business and shall be made no later than the first day of services provided under this
Agreement. Such posting shall be removed only upon expiration or termination of this Agreement.
In performing the services under this Agreement, Contractor shall give preference to the
employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is
defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers
both skilled in their trade and specialized in their field of work for all work to which they are assigned.
Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and
expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for
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Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is
incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of
the requirements set forth in the above State of Montana schedule of prevailing wage rates may
subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll
records during the term of this Agreement and for a period of three (3) years following termination
of this Agreement.
The Contractor shall ensure that any person, firm or entity performing any portion of the
services under this Agreement for which the contractor, subcontractor or employer is responsible, is
paid the applicable standard prevailing rate of wages.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes and for any claims regarding underpaid prevailing wages.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
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expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
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limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on both the Commercial General
and Automobile Liability policies. The insurance and required endorsements must be in a form
suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal.
Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any
required insurance coverage will be terminated or Contractor’s decision to terminate any required
insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
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d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
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damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Kellen Gamradt or such other individual as City shall designate in writing.
Whenever approval or authorization from or communication or submission to City is required
by this Agreement, such communication or submission shall be directed to the City’s
Representative and approvals or authorizations shall be issued only by such Representative;
provided, however, that in exigent circumstances when City’s Representative is not available,
Contractor may direct its communication or submission to other designated City personnel or
agents as designated by the City in writing and may receive approvals or authorization from
such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be _____________________ or such other individual as
Contractor shall designate in writing. Whenever direction to or communication with
Contractor is required by this Agreement, such direction or communication shall be directed
to Contractor’s Representative; provided, however, that in exigent circumstances when
Contractor’s Representative is not available, City may direct its direction or communication
to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
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ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor 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.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
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(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement 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 including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
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21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
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than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31. Extensions: this Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than ___July 1, 2022____.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Project Manager
DOWL, LLC
Kevin Johnson
406-586-8834 ■ 800-865-9847 (fax) ■ 2090 Stadium Drive; Ste. 101 ■ Bozeman, Montana 59715 ■ www.dowl.com
April 23, 2021
Mr. Kellen Gamradt
City of Bozeman
P.O. Box 1230
Bozeman, MT 59771
Subject: Proposal: Resident Project Representative Services; Scope of Work and
Proposal
Dear Mr. Gamradt:
To meet the City’s demand for construction oversight services for multiple projects this summer
we are providing the following proposal to assist, as requested. Our understanding of the scope
of work includes the following:
• Provide on-site resident project representative (RPR) for a 4-month period.
• The RPR will report directly to the City of Bozeman project managers.
• No additional project management or construction administration outside of the RPR
services are included.
• The proposed specific duties and limitations of the proposed RPR services are detailed
in Attachment 1.
To ensure full-time project coverage, we propose to provide a lead RPR and two additional
team members to fill in if, or when, needed. The team of Jim Potts and George Platt in our
Bozeman office recently teamed up on the City of Bozeman New Hyalite View Sewer Service
Improvement Project to provide the construction oversight. For continuity of project oversight,
we expect Mr. Potts to provide full time service throughout the project. To address the
inevitable need for Jim to address ongoing project needs, attend meetings and accommodate
time off, we propose to supplement with two additional Bozeman DOWL staff. We have
included three weeks of time spread among the four-month period for either George or Logan
Berg to assist as needed. Please find attached resumes of the primary and potential backfill
personnel proposed for provision of the RPR services.
We propose to provide field documentation through our Newforma application to efficiently
assemble and distribute daily field reports and photo documentation and make available for the
City of Bozeman project manager for timely review of the project status. We would expect the
RPR to communicate daily with the City project manager to convey status, discuss current or
anticipated challenges and ongoing coordination needs. We will follow the City of Bozeman
protocol for documentation, communication, and safety and supplement, if necessary, with any
additional procedures typical of our in-house construction oversight procedures.
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The requested four months of oversight equates to 87, 8-hour working days and a total of 695
hours. The proposed fee for labor and expenses is as follows:
Personnel Hours Rate/hr Total
Jim Potts 575 $112 $64,400
George Platt 120 $95 $11,400
Logan Berg (if needed) $112 ___---------
Expenses/Mileage 20 mi/day x 87 days $1.05 $1,827
Total Proposal = $77,627
If this proposal is acceptable, DOWL can be available to start by May 10 or possibly late the
previous week, as we need a little time to coordinate and transition staff.
We appreciate the opportunity to assist the City with the construction oversight and toward
completion of another successful project. Please don’t hesitate to call if you have any questions
or need to discuss any part of this proposal.
Sincerely,
DOWL
________________________ ________________________
Kevin R. Johnson, PE, BCEE Doug Fischer, PE
Project Manager Office Manager
Attachment(s): Attachment 1:Duties, Responsibilities, and Limitations of Authority of RPR
Resumes
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Attachment 1 to Scope of Work
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Attachment 1
Duties, Responsibilities, and Limitations of Authority of Resident Project
Representative
The Scope of Work for the Resident Project Representative shall include the following duties
and limitations:
1.01 Resident Project Representative
A. DOWL shall furnish a Resident Project Representative (“RPR”) to assist the City of
Bozeman project engineer (“Engineer”) in observing progress and quality of the
Work.
B. Through RPR's observations of Contractor’s work in progress and field checks of
materials and equipment, RPR shall endeavor to provide further protection for
Owner against defects and deficiencies in the Work. However, RPR shall not,
during such RPR field checks or as a result of such RPR observations of Contractor’s
work in progress, supervise, direct, or have control over Contractor’s Work, nor
shall RPR have authority over or responsibility for the means, methods, techniques,
sequences, or procedures of construction selected or used by any contractor, for
security or safety at the Site, for safety precautions and programs incident to any
contractor’s work in progress, or for any failure of a contractor to comply with Laws
and Regulations applicable to such contractor’s performing and furnishing of its
work. The RPR neither guarantees the performances of any contractor nor assumes
responsibility for Contractor’s failure to furnish and perform the Work in
accordance with the Contract Documents.
C. The duties and responsibilities of the RPR are as follows:
1. General: RPR is Engineer’s representative at the Site, will act as directed by
and under the supervision of Engineer, and will confer with Engineer
regarding RPR’s actions. RPR’s dealings in matters pertaining to the
Contractor’s work in progress shall in general be with Engineer and
Contractor. RPR’s dealings with Subcontractors shall only be through or
with the full knowledge and approval of Contractor. RPR shall generally
communicate with Owner only with the knowledge of and under the direction
of Engineer.
2. Conferences and Meetings: Attend meetings with Contractor, such as
preconstruction conferences, progress meetings, job conferences and other
project-related meetings, and prepare and circulate copies of minutes thereof.
3. Liaison:
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a. Serve as Engineer’s liaison with Contractor. Working principally
through Contractor’s authorized representative or designee, assist in
providing information regarding the intent of the Contract Documents.
b. Assist Engineer in serving as Owner’s liaison with Contractor when
Contractor’s operations affect Owner’s on-Site operations.
c. Assist in obtaining from Owner additional details or information, when
required for proper execution of the Work.
4. Interpretation of Contract Documents: Report to Engineer when
clarifications and interpretations of the Contract Documents are needed and
transmit to Contractor clarifications and interpretations as issued by
Engineer.
5. Shop Drawings and Samples:
a. Record date of receipt of Samples and approved Shop Drawings.
b. Receive Samples which are furnished at the Site by Contractor, and notify
Engineer of availability of Samples for examination.
c. Advise Engineer and Contractor of the commencement of any portion of
the Work requiring a Shop Drawing or Sample submittal for which RPR
believes that the submittal has not been approved by Engineer.
6. Modifications: Consider and evaluate Contractor’s suggestions for
modifications in Drawings or Specifications and report such suggestions,
together with RPR’s recommendations, to Engineer. Transmit to Contractor
in writing decisions as issued by Engineer.
7. Review of Work and Rejection of Defective Work:
a. Conduct on-Site observations of Contractor’s work in progress to assist
Engineer in determining if the Work is in general proceeding in
accordance with the Contract Documents.
b. Report to Engineer whenever RPR believes that any part of Contractor’s
work in progress will not produce a completed Project that conforms
generally to the Contract Documents or will imperil the integrity of the
design concept of the completed Project as a functioning whole as
indicated in the Contract Documents, or has been damaged, or does not
meet the requirements of any inspection, test or approval required to be
made; and advise Engineer of that part of work in progress that RPR
believes should be corrected or rejected or should be uncovered for
observation, or requires special testing, inspection, or approval.
8. Inspections, Tests, and System Start-ups:
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a. Consult with Engineer in advance of scheduled inspections, tests, and
systems start-ups.
b. Verify that tests, equipment, and systems start-ups and operating and
maintenance training are conducted in the presence of appropriate
Owner’s personnel, and that Contractor maintains adequate records
thereof.
c. Observe, record, and report to Engineer appropriate details relative to the
test procedures and systems start-ups.
d. Accompany visiting inspectors representing public or other agencies
having jurisdiction over the Project, record the results of these
inspections, and report to Engineer.
9. Records:
a. Maintain at the Site orderly files for correspondence, reports of job
conferences, reproductions of original Contract Documents including all
change orders, field orders, work change directives, addenda, additional
Drawings issued subsequent to the execution of the Construction
Contract, Engineer’s clarifications and interpretations of the Contract
Documents, progress reports, Shop Drawing and Sample submittals
received from and delivered to Contractor, and other Project-related
documents.
b. Prepare a daily report or keep a diary or log book, recording Contractor’s
hours on the Site, weather conditions, data relative to questions of change
orders, field orders, work change directives, or changed conditions, Site
visitors, daily activities, decisions, observations in general, and specific
observations in more detail as in the case of observing test procedures;
and send copies to Engineer.
c. Record names, addresses, fax numbers, e-mail addresses, web site
locations, and telephone numbers of all Contractors, Subcontractors, and
major Suppliers of materials and equipment.
d. Maintain records for use in preparing Project documentation.
e. Upon completion of the Work, furnish original set of all RPR Project
documentation to Engineer.
10. Reports:
a. Furnish to Engineer periodic reports as required of progress of the Work
and of Contractor’s compliance with the progress schedule and schedule
of Shop Drawing and Sample submittals.
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b. Draft and recommend to Engineer proposed change orders, work change
directives, and field orders. Obtain backup material from Contractor.
c. Furnish to Engineer copies of all inspection, test, and system start-up
reports.
d. Immediately notify Engineer of the occurrence of any Site accidents,
emergencies, acts of God endangering the Work, damage to property by
fire or other causes, or the discovery of any Constituent of Concern.
11. Payment Requests: Review applications for payment with Contractor for
compliance with the established procedure for their submission and forward
with recommendations to Engineer, noting particularly the relationship of the
payment requested to the schedule of values, Work completed, and materials
and equipment delivered at the Site but not incorporated in the Work.
12. Certificates, Operation and Maintenance Manuals: During the course of the
Work, verify that materials and equipment certificates, operation and
maintenance manuals and other data required by the Contract Documents to
be assembled and furnished by Contractor are applicable to the items actually
installed and in accordance with the Contract Documents, and have these
documents delivered to Engineer for review and forwarding to Owner prior
to payment for that part of the Work.
13. Completion:
a. Participate in visits to the Project to determine Substantial Completion,
assist in the determination of Substantial Completion and the preparation
of lists of items to be completed or corrected.
b. Participate in a final visit to the Project in the company of Engineer,
Owner, and Contractor, and prepare a final list of items to be completed
and deficiencies to be remedied.
c. Observe whether all items on the final list have been completed or
corrected and make recommendations to Engineer concerning
acceptance.
D. Resident Project Representative shall not:
1. Authorize any deviation from the Contract Documents or substitution of
materials or equipment (including “or-equal” items).
2. Exceed limitations of Engineer’s authority as set forth in this Agreement.
3. Undertake any of the responsibilities of Contractor, Subcontractors or
Suppliers.
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4. Advise on, issue directions relative to, or assume control over any aspect of
the means, methods, techniques, sequences or procedures of Contractor’s
work.
5. Advise on, issue directions regarding, or assume control over security or
safety practices, precautions, and programs in connection with the activities
or operations of Owner or Contractor.
6. Participate in specialized field or laboratory tests or inspections conducted
off-site by others except as specifically authorized by Engineer.
7. Accept shop drawing or sample submittals from anyone other than
Contractor.
8. Authorize Owner to occupy the Project in whole or in part.
DocuSign Envelope ID: 9FC7757F-2B01-4475-9257-731A0AA6D5B2
James Potts, EIT
Professional Experience
Jim is an experienced hydrogeologist/geological engineer. His experience includes
investigation and testing groundwater for drinking water supply wells, irrigation wells,
heating/cooling systems, and private wells; preparing design reports, plans and
specifications, and source water protection assessments. He is also familiar with water
right application preparation, the design and installation of public and private wells,
groundwater remediation systems, dewatering, and wastewater systems. Jim conducts
geotechnical investigations for foundation design of roads, walls, and structures. He also
installs, operates, and reports on groundwater monitoring systems and stream gaging
stations. Jim also provides resident project representation and construction supervision
of facilities and underground utilities.
Project Experience
New Hyalite View Sewer Improvements, Bozeman, Montana. This project included
design and construction drawings for replacement of approximately 200 sewer service
connections to eliminate the pervasive tree root problems impacting the sewer service
connections in this neighborhood where the maintenance costs and efforts associated
with the plugging problems had become a nuisance for the City. Jim provided resident
project representative services on a part-time basis throughout the project. The work
included daily full-time oversite, coordination, documentation, and quality assurance
inspections of all contractor activities.
Manley Ditch Rehabilitation, Bozeman, Montana. The project is working toward
establishing a stormwater outfall along the historic alignment of Manley Ditch. Jim
reviewed the historical presence, use and water rights status of the Manley/Slough
irrigation ditch, Spring Creek and stormwater features. Jim’s work was in support of the
many other disciplines involved with the project and particularly if it is necessary to
perpetuate the conveyance of irrigation water through the project.
Phase VI of West Winds Planned Unit Development. This project included coordination with
the Contractor and the City to extends storm water, sewer, and potable water mains,
install water and sewer service lines, construct roadways including subgrade
preparation, fabric and base coarse placement, density testing, curb, gutter and
sidewalk installation and concrete testing, final grading and paving, and final grading
of the site and final walk through with the City and Contractor for City approval. Jim
provided daily full-time oversite, coordination, documentation, and quality assurance
inspections of all contractor activities.
Polson Water Resource Recovery Facility, Polson Montana. Jim provided daily full-time
oversite, coordination, documentation, and quality assurance inspections of all
contractor activities for the project including a new mechanical wastewater treatment
facility with headworks building, sequencing batch reactors, aerobic digesters, UV
disinfection, and solids dewatering facilities.
MSU NAIC Engineering Building, Bozeman, Montana. The project is comprised of a new
engineering building (NAIC), presentation hall, parking facility, utilities, and
Senior Hydrogeologist
Education
Bachelor of Science
Geological Engineering
Montana College of
Mineral Science and
Technology
1988
Licenses
Montana #9638EI
1988/Engineer In Training
Montana 2017/Nuclear
Densometer Safety
Training
Years of
Experience
32
Training
4Hr First Aid and CPR
DocuSign Envelope ID: 9FC7757F-2B01-4475-9257-731A0AA6D5B2
James Potts, EIT
transportation improvements. Engineered Aggregate Piers (EAP's) were utilized to
support these structures. James assisted in conducting the initial field geotechnical
investigations, coordinated with an engineered aggregate pier (EAP) design/build
installer during construction of the NAIC, performed field observations and subsurface
exploration, provided construction oversight of water and sewer line extensions,
coordinated special inspections of concrete and soils for the project, and prepared
reporting.
Benbow Haul Road Engineering and Construction Oversight, Nye, Montana. The Waste
Rock Storage Area (WRSA) haul road experienced collapsing slope failures one year after
construction. Jim provided full-time construction observation using a geotechnical
engineer as an owner’s representative to assist the owner in observing progress, quality
of work, and conformance to the contract documents. Inspection activities included the
review of all major work items in the construction documents. DOWL prepared daily
inspection reports and weekly progress reports on DOWL’s standard forms.
Trident Cement Plant Construction Inspection, Three Forks, Montana. DOWL provided
inspection services during the installation of H-piles and drilled piers for new
construction at Holcim's Cement Plant in Trident. James provided site inspection and
construction sequencing during the onset of the drilled pier installation. Jim also
provided site inspection services during the H-Pile installations at the Coal Hopper.
During this work, Jim provided coordination between the owner's representative (Jim
Owen) the general contractor (Northside Welding and Fabrication, Inc), and
subcontractors (O'Keefe Drilling and Bauer and Buck Construction).
Amsterdam Churchill Sewer District Wastewater System Improvements, Churchill,
Montana. This project consisted of providing engineering services to complete a
preliminary engineering report (PER), grant applications and then the final design and
construction administration for an 8-mile pipeline from the District to connect to the
Town of Manhattan wastewater treatment facility. Jim provided planning, design and
resident project representative services for completion of the final lift station and
pipeline project.
Arrowhead Condominiums, Big Sky, Montana. DOWL provided design for constructing
a Storm Water control system, a Gabion retainer wall, and replacing a failed retainer
wall. Services included geotechnical investigations, structural design of a new retaining
wall system, and designed a storm water control system. The storm drains included both
shallow and deep drains and were designed to divert water off the mountainside and
minimize saturation of the near surface soils. A 400-foot-long Gabion wall was built to
stabilize the near surface slumping of a steep slope located between two terraces where
condominiums were built. At the top of the slope, sections of the existing retaining wall
had failed. To minimize exposure, a new 600-foot-long wall was installed in conjunction
with the demolition of the old wall. The new wall was supported by a system of vertical
H beams drilled into the bedrock every 10 feet, and horizontal tie backs that were drilled
and grouted 30 feet into bedrock. Jim provided construction inspection and
coordination, materials testing of soils and concrete, and assistance in field fitting the
design of the retaining walls and storm drains.
DocuSign Envelope ID: 9FC7757F-2B01-4475-9257-731A0AA6D5B2
George Platt, EI
Professional Experience
George Platt is a water resources engineer in the water supply and wastewater engineering
subpractice area working in DOWL's Bozeman office. George graduated from Montana State
University (MSU) with a master’s degree in chemical engineering in 2019. George completed his
master’s research at MSU’s Center for Biofilm Engineering where he studied the recycle of coalbed
methane production water for enhanced, subsurface, microbial methane production. Over the past
two years with DOWL, George has gained experienced in construction inspection/RPR services,
potable water treatment plant design, industrial wastewater treatment plant design, 3D pipe
modeling, and process control systems. George has additional experience in ground water quality
monitoring, biofilm reaction-diffusion modeling, bioreactor design, and microbial community analysis.
Project Experience
New Hyalite View Sewer Improvements, Bozeman, Montana. This project included
design and construction drawings for replacement of approximately 200 sewer service
connections to eliminate the pervasive tree root problems impacting the sewer service
connections in this neighborhood where the maintenance costs and efforts associated
with the plugging problems had become a nuisance for the City. George prepared
construction drawings, reviewed construction submittals, and provided inspection/RPR
services during construction.
Stillwater Mine - Nye Controls Narrative, Columbus, Montana. DOWL was retained by
Sibanye Stillwater Mining Company (SSMC) to develop a controls narrative document for
the equipment associated with the Disc Filter Improvement project. George provided
process engineering support for the automation of the new disk filter unit, associated lift
stations, and motorized bypass valves, and revised process and instrumentation
diagrams to reflect these design updates. Additionally, George contributed to the
development of a process controls narrative that outlined the disk filter unit’s operation,
instrumentation set points, and control scheme to optimize the unit’s performance and
provide flexibility to mitigate process disturbances.
Bethel Avenues Piped Water and Sewer, Bethel, Alaska. This project provides initial
design study and verification services for the extension of the Bethel piped water and
sewer system into the Avenues Neighborhood between 3rd and 7th Avenues and
between Main Street and Ridgecrest Drive in Bethel, AK. Initial services include
identifying the design criteria, establishing the limits of required topographic survey,
preliminary identifying easement encroachments, and easements for acquisition.
George contributed to the design and optimization of an HDPE glycol circulation heating
loop for arctic pipe water and sewer installations. The design included the specification
of heat exchangers, glycol and water circulation pumps, control valves, and associated
temperature, pressure, and flow instrumentation. Additionally, George utilized 3D
modeling software to ensure all new equipment could be retrofit into the existing water
treatment plant.
Effluent Clarifier and Sand Filter Design, Auburn, Washington. This project was for the
design of a new redundant clarifier, continuous backwashing sand filters, and
Water Resources Designer
Education
Bachelor of Science
Chemical Engineering
Montana State University -
Bozeman
2017
Master of Science
Chemical Engineering
Montana State University -
Bozeman
2019
Licenses
Montana #PEL-EI-LIC-
60229 2019/Engineer
Intern
Years of
Experience
4
Training
Confined Space
DocuSign Envelope ID: 9FC7757F-2B01-4475-9257-731A0AA6D5B2
George Platt, EI
associated equipment and controls to improve plant redundancy and effluent water
quality in preparation for a water recycling project. George contributed to the process
mechanical design of the new clarifier, three sand filters, and associated pumps and
equipment. He also contributed to 3D piping and equipment modeling, the development
of process and instrument diagrams (P&ID), and mechanical piping drawings.
Ketchikan Raw Water Main Replacement, Ketchikan, Alaska. DOWL provided design
services for replacement of a failing, existing 36-inch ductile iron pipeline with a new 42-
inch HDPE pipeline. The pipeline is the sole source or municipal and industrial water into
the community. The pipeline route crossed difficult soil and groundwater conditions and
required limited shut down times to complete the pipeline tie ins to the existing system.
George contributed to the design and developed construction drawings for the new 42-
inch HDPE raw water transmission main.
Water Tank Aeration for DBP Reduction, Homer, Alaska. DOWL was retained by the City
of Homer to reduce TTHM disinfection byproducts in the 1-million-gallon water tank on
Skyline Drive by installing aeration/mixing equipment. George evaluated potable water
storage tank aeration options for the removal of the disinfection byproducts in the
distribution system. George conducted laboratory jar tests and evaluated process data
from the existing UF membrane water treatment plant process to determine if chemical
or operational changes to upstream of chlorine disinfection could prevent the formation
of disinfection byproduct precursors.
DocuSign Envelope ID: 9FC7757F-2B01-4475-9257-731A0AA6D5B2
Logan Berg, EI
Professional Experience
Logan Berg spent six years in North Dakota and Northern Idaho prior to joining the DOWL
team. Logan is a transportation engineer with experience in surveying, materials testing,
roadway design, and construction administration in both rural and urban transportation
projects. DOWL is excited to have Logan in the Bozeman office to grow our transportation
group and enhance our local urban roadway design resume.
Project Experience
Rouse Avenue Reconstruction, Bozeman, Montana. DOWL provided an environmental
assessment and developed the design for total reconstruction of two miles of the Rouse
Avenue urban arterial. Logan is overseeing the construction services of this contract,
including site meetings, plan set, and revision updates.
NWE Big Sky Meadow to Midway and Bozeman – Highland Blvd., Montana. Logan
performed concrete field tests during the installation of reinforced concrete power pole
foundations throughout the Bozeman and Big Sky areas.
Historic Projects
NDDOT Road Reconstruction Services, North Dakota.
▪ Logan prepared daily inspection reports, pay reports, and progressive estimates
using NDDOT’s Construction Automated Records Program.
▪ Project Engineer for a 20-mile bituminous seal coat project that included full-
depth pavement repairs for McIntosh County in North Dakota.
▪ Project Engineer and material tester for a federally funded NDDOT two-mile
grade raise project that included widening and raising the existing roadway
grade, centerline pipe installations, riprap installation, and a bituminous overlay
for Dickey County in North Dakota.
▪ Project Engineer for a seven-mile full-depth reclamation project that included
milling of the existing road surface, spreading an aggregate base course over
top, mining & blending with the existing aggregate base, and a bituminous
overlay for Dickey County in North Dakota.
▪ Project Engineer and material tester on federally funded NDDOT grading
projects that included the raising, lowering, and widening of the existing grade,
the installation of centerline pipes, roadway obliteration and realignment, and
riprap placement for Logan County in North Dakota.
▪ Project Engineer for a pre-stressed concrete bridge rehabilitation project that
included the removal of the existing decking, the realignment of two existing
tipped abutments, the installation of ballast walls, and replacement of the
existing decking in McIntosh County North Dakota.
Eastside Highway District, Coeur d’Alene, Idaho. Logan was the design and project
engineer for a four-mile pavement rehabilitation project that ran along Lake Coeur
Transportation Designer
Education
Bachelor of Science
Construction Engineering
North Dakota State
University
2013
Licenses
North Dakota #133393
2013/Engineer In Training
Years of
Experience
7
Training
OSHA 510
RPR Certified – Idaho
Transportation Dept.
Erosion & Sediment
Control, Asphalt Mix
Controller, Asphalt
Pavement Inspector, Soils
Field Tester, Aggregate
Lab Supervisor – NDDOT
Concrete Field Tester
Grade 1 – ACI
DocuSign Envelope ID: 9FC7757F-2B01-4475-9257-731A0AA6D5B2
Logan Berg, EI
d’Alene near the city of Coeur d’Alene, Idaho. This project included the milling of the
existing road surface, widening of the existing shoulders for bike lanes, full-depth
pavement repairs, ADA compliant pedestrian ramp improvements, and a bituminous
overlay for the Eastside Highway District.
Urban Road Reconstruction, Coeur d’Alene, Idaho. Logan was the project engineer for
a municipal reconstruction project that included removal of the existing bituminous
and aggregate base, ADA compliant sidewalks/path and pedestrian ramps, cement
concrete curb and gutter installation, cement concrete driveway approach installations,
aggregate base installation, a bituminous overlay, and traffic signal installations for the
city of Coeur d’Alene, Idaho.
Urban Road Reconstruction, Moscow, Idaho. Logan was the design engineer for a
municipal reconstruction project that included sanitary and storm sewer replacements
and updates, curb and gutter replacements, sidewalk replacements, and a
replacement of the roadway section for the city of Moscow, Idaho.
Urban Road Reconstruction, Valley City, North Dakota. Logan assisted in the design of
municipal rehabilitation projects which included underground utility replacements, curb
bump-outs, ADA compliant sidewalk and pedestrian ramp replacements, full-depth
concrete replacements, and traffic signal and lighting replacements for the city of
Valley City, North Dakota.
DocuSign Envelope ID: 9FC7757F-2B01-4475-9257-731A0AA6D5B2
COMMENT HISTORY
Please DocuSign: DOWL Engineering Services.pdf
Sender:Jesse DiTommaso
Envelope Id:9fc7757f-2b01-4475-9257-731a0aa6d5b2
Time Zone:(UTC-08:00) Pacific Time (US & Canada)
Date Sent:5/19/2021 | 7:34:01 AM
Date Completed:5/19/2021 | 10:59:16 AM
All Recipients
Kevin Johnson -5/19/2021 | 8:19:43 AM
krjohnson@dowl.com
Kevin Johnson