HomeMy WebLinkAbout21- Professional Services Agreement - Olympus Technical Services Inc. - Oil Sand Interceptor Maintenance Professional Services Agreement for Oil Sand Interceptor Maintenance
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of September, 2021
(“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, Olympus Technical Services Inc., 765 Colleen Street,
Helena, MT 59601, 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 Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the 31st day of December 2026, unless earlier terminated in accordance with this Agreement.
3. 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,
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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,
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.
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
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connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
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
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
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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
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 the Commercial General,
Employer’s Liability, 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.
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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.
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
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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
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 Mike Gray, Facilities Superintendent 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 Kevin Rauch, Program Manager 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
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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,
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).
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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
(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
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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.
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.
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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
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.
**** 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 Olympus Technical Services Inc.
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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Vice President/Principal Engineer
Kevin Rauch
EXHIBIT A
Scope of Service
General:
• Contractor will work with City’s point of contact for the scheduling of work prior to
starting any work.
• Contractor will be responsible for any damage caused while providing the contracted
services.
• Invoicing will be on a per service basis for each individual property.
• If rates increase during the contract period, base prices will increase as needed.
Contractor is required to notify City prior to increases going into effect.
• If additional City OSI sites require maintenance, rates will be based on current rate
sheet.
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765 Colleen Street ⚫ Helena, MT 59601
(406) 443-3087 ⚫ Fax (406) 443-0232
January 28, 2020
Mike Gray, Facilities Superintendent
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
via email to mgray@bozeman.net
Re: Deicer Storage Tank Disposal
Shelby Maintenance Facility
Olympus Proposal No. AP2401
Dear Mr. Gray:
Olympus Technical Services, Inc. (Olympus) is pleased to present this proposal for cleaning of
six Oil/Sand Interceptor (OSI) components at five City of Bozeman facilities. The facilities
include:
• Solid Waste at 2143 Story Mill Road,
• Vehicle Maintenance at 1812 North Rouse Avenue,
• Parking Garage at 26 East Mendenhall Street (two OSI components),
• Fire station No. 2 at 410 South 19th Avenue, and
• Fire Station No. 3 at 1704 Vaquero Parkway.
The City records show that the OSI at the vehicle maintenance building is a 1,000-gallon unit
manufactured by Anderson Precast & Supply in Bozeman. Records were not available for the
Solid Waste, or Fire Station No. 3 systems; however, the systems look similar to the vehicle
maintenance systems and are assumed to be similar 1,000-gallon units.
The system at Fire Station No. 2 was cleaned in October 2019 and consists of a center floor
drain that discharges to a 60-inch x 30-inch x 30-inch sediment vault and then to a 24-inch x 24-
inch x 48-inch secondary vault.
The system at the parking garage includes three separate components:
• 900-gallon STC 900 Precast Concrete Stormceptor single chamber system locate in the
adjacent alley that receives stormwater and sediment from the first through fourth floors
of the parking garage,
• a Jay R. Smith Model 8579 Large Capacity Steel Oil Interceptor located in the
mechanical room in the northeast corner of the basement level of the parking garage
that receives fluids and sediment from the basement level, and
• a pump station that receives fluids from the adjacent oil interceptor.
During as site visit on November 18, 2019, Olympus collected measurement of the thickness of
liquid and sediment in the system components that were accessible. The estimated volumes,
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based on the thickness measurements and system dimensions, in each system are sown
below.
OSI Volume Summary
Location
Volume in Gallons
Liquid Sediment Total
Vehicle Maintenance OSI 365 617 982
Solid Waste OSI 449 589 1,038
Fire Station No. 3 757 234 991
Fire Station 2 353 0* 353
Parking Garage - Alley 300** 600** 900
Parking Garage - Basement 190* 390* 580
Total (gallons) 2,414 2,430 4,844
Total (cubic yards) 12 12 24
* No measurements were taken since OSI was cleaned in October 2019.
** OSI components could not be accessed during site visit. Assumed to be 1/3 water and 2/3 sludge for
estimating purposes.
Olympus proposes to complete the work in three tasks:
• Task 1 – Mobilization and Demobilization
• Task 2 – OSI Cleaning and Waste Stabilization
• Task 3 – Waste Characterization and Disposal
A description of the proposed scope of work for each task is provided below.
Task 1 – Mobilization and Demobilization
We propose to mobilize to the site with a crew of four and the following equipment for the
cleaning and stabilization:
• 1,000-gallon vacuum trailer for removal and temporary storage of liquids,
• 550-gallon hydro-vac trailer for sludge removal and transport,
• a dump trailer with sawdust for stabilization of OSI sludge from the system components,
and
• a mini excavator for mixing of OSI sludge and sawdust.
Task 1 also includes preparation of a site-specific health and plan and project management.
Task 2 – OSI Cleaning and Waste Stabilization
Each system component will be accessed by removing manhole covers. Liquids from the top of
each vault will be removed and temporarily stored with the vacuum trailer. After removal of
liquids, the solids and remaining liquid (i.e., sludge) will be removed with the hydro-vac trailer.
Once the solids are removed, the liquid stored in the vacuum trailer will be placed back into the
OSI. For the OSI to function properly, it must have water in the vaults for oil to float on top of an
be collected with sorbent pads. Returning the collected liquid to the OSI help to fulfill this
requirement, although additional makeup water may be required.
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The cleaning of most of the OSIs is relatively straight forward; however, the parking garage
basement presents some logistical challenges. The maximum clearance height for vehicles and
equipment is 7 feet, 3 inches. The hydro-vac trailer will fit this height limitation, but the liquids
vacuum trailer will not. Additionally, the approach to the basement has narrow curbing and a
“hairpin” corner that limits access. The hydro-vac trailer is usually pulled with a ¾-ton pickup,
but the combination and length of the two will likely not make the “hairpin” corner. We propose
to use a skid-steer loader with a trailer hitch attachment that goes on the forks to move the
hydro-vac trailer to the basement. The skid-steer loader has a much tighter turning radius that
can work the hydro-vac trailer through the narrow passage. We will not be able to pull the liquids
off separately so that will require some extra stabilization of liquids. We may be able to decant
some liquid from the hydro-vac back into the OSI, but we will have to be careful not to re-
introduce solids in the process.
We understand that the City will provide a lay-down area for temporary storage and stabilization
of the OSI sludge. The landfill cannot accept waste with free-draining liquids. Stabilization
includes mixing the wet OSI sludge with sawdust to absorb the free-draining liquids. We will lay
down plastic sheeting and cover it with sawdust and a sawdust berm around the perimeter to
contain the sludge. The sludge will be mixed with a mini-excavator until there are no free-
draining liquids. We have estimated that it will take a 4-person crew three days to remove the
liquids and sludge from the six identified OSI components, haul them to the laydown area, and
stabilize the sludge.
Task 3 – Waste Characterization and Disposal
Olympus contacted the Gallatin County Solid Waste Department to find out the analytical
requirements for waste profiling. A waste profile sample will be collected from the solidified
sludge and submitted to Energy Laboratories in Helena, Montana, for analysis of Volatile
Petroleum Hydrocarbons (VPH), Extractable Petroleum Hydrocarbons Screen (EPH Screen),
and Resource Conservation and Recovery Act (RCRA) metals per the landfill and Montana
Department of Environmental Quality (DEQ) requirements. EPH fractions must be analyzed if
the EPH Screen results exceed 200 mg/Kg. The analytical results of the waste profile sample
will be provided to Gallatin County to profile the waste for disposal at the Logan Landfill. The
landfill tipping fee is $27 per ton.
The stabilized waste will be left at the solid waste facility and covered with plastic until the profile
is approved by Gallatin County and the Montana DEQ. Olympus will mobilize a 1-person crew
with a skid steer and dump trailer to load and haul the waste to the landfill. We estimate that it
will take 1 day to haul the sludge to the landfill with the dump trailer. The cost includes travel
from Helena to Bozeman and back plus an estimated 5 round trips to the landfill.
As an alternative to reduce costs, the City can opt to load and haul stabilized sludge to the
landfill with its own equipment and personnel and pay the tipping fees. This would reduce the
estimated cost for Task 3 by approximately $2,600.
Materials Cost Estimate
A time and materials cost estimate has been prepared for the tasks identified in this proposal.
Olympus’ Standard Rate Sheet for 2020 is provided in Attachment 1. The time and materials
cost sheets are provided in Attachment 2. The costs are summarized below:
DocuSign Envelope ID: 3EAE40F2-A71E-402E-968F-F90D0A64AA0B
City of Bozeman
Oil/Sand Interceptor Cleaning January 28, 2020
4 of 4 AP2405 p 01-20.docx
Task 1 – Mobilization and Demobilization ................................................................... $2,290.75
Task 2 – OSI Cleaning and Waste Stabilization ........................................................ $19,063.89
Task 3 – Waste Characterization and Disposal ........................................................... $3,212.35
Total .......................................................................................................................... $24,566.99
We propose to complete the above scope of work on a time and materials basis in accordance
with the attached cost schedules. The cost estimate in this proposal is based on representative
hourly rates for various categories of personnel and expected project expenses. Our invoices
will reflect actual charges based on the applicable schedules and may differ from the cost
estimate in this proposal. Should you authorize these Services, you will be invoiced monthly, on
a time and materials basis in accordance with this cost estimate. Should unforeseen
circumstances arise and warrant further work and additional costs, Olympus will contact you
prior to further efforts. Any changes to our agreement must be mutually agreed and in writing.
Please acknowledge your acceptance of these Services by issuing a Purchase Order to
authorize the work.
We appreciate this opportunity to provide this proposal to the City of Bozeman. Please contact
me at (406) 443-3087 or via email at krauch@olytech.com if you have any questions.
Sincerely,
Olympus Technical Services, Inc.
Kevin S. Rauch, P.E.
Program Manager
Attachments: Olympus 2020 Standard Rate Sheet
Time and Materials Cost Sheets for Tasks 1-3
cc: Tim Richardson (trichardson@bozeman.net)
DocuSign Envelope ID: 3EAE40F2-A71E-402E-968F-F90D0A64AA0B
City of Bozeman
Oil/Sand Interceptor Cleaning January 28, 2020
AP2405 p 01-20.docx
ATTACHMENT 1
OLYMPUS 2020 STANDARD RATE SHEET
DocuSign Envelope ID: 3EAE40F2-A71E-402E-968F-F90D0A64AA0B
Rates Valid Through
Calendar Year 2020
LABOR CATEGORIES OT Rate Holiday Rate Rate Unit
Expert Witness $288.00 hour
Principal $150.00 hour
Program Manager $134.00 hour
Senior Project Engineer/Scientist $127.00 hour
Project Engineer/Scientist $107.00 hour
Staff Engineer/Scientist $100.00 hour
Project Manager $118.00 $150.00 $97.00 hour
Field Supervisor $105.00 $131.00 $86.00 hour
Environmental Technician $88.00 $106.00 $70.00 hour
Administrative Support $63.00 $74.00 $51.00 hour
PER DIEM
Meals
Lodging
OTHER DIRECT COSTS (ODC)
Cost + 14%
PERSONAL PROTECTIVE EQUIPMENT (PPE)
Level B $135.00 person/day
Compressed Air (SCBA)$50.00 bottle
Level C $70.00 person/day
Level D $35.00 person/day
FR Gear (HRC 2)$25.00 person/day
VEHICLES
Pickup (1/2 ton, 3/4 ton, 1 ton)$70.00 day
2 Ton Truck $95.00 day
Vehicle Mileage $0.63 mile
2 Ton Truck Mileage $0.95 mile
HEAVY EQUIPMENT - All equipment prices are bare
Backhoe $350.00 day
Cat 320 $870.00 day
Cat 320 Cleanout Bucket $65.00 day
Water Truck $775.00 day
Skid steer $280.00 day
Sweeper for Skid Steer $145.00 day
Drum Handler for Skid Steer $50.00 day
Drum Rotator for Skid Steer $100.00 day
Vacuum Trailer (Liquids)$250.00 day
Vacuum Trailer (Solids)$440.00 day
Equipment Trailer $125.00 day
Tilt Bed Trailer $85.00 day
Emergency Response Trailer $100.00 day
Geoprobe Trailer $225.00 day
Loading Ramp $75.00 day
Jet Boat $450.00 day
AIS Trailer $450.00 day
Hot Water Pressure Washer Trailer $400.00 day
Geoprobe-Bare $1,000.00 day
GSA Rates (Receipted)
Cost + 14%
Field Purchases, Rental Equipment, Disposal, Subcontractors
Credit Card Payments Will Be Assessed A 6% Surcharge
This information may not be copied, disseminated, or provided to other parties without
express knowledge and written permission of Olympus Technical Services, Inc.Page 1
DocuSign Envelope ID: 3EAE40F2-A71E-402E-968F-F90D0A64AA0B
Olympus Technical Services, Inc. Rates Valid Through Calendar Year 2020
FIELD TEST EQUIPMENT Rate Unit
Air Flow Meter/Anemometer $55.00 day
Air Sampling Pump – High Flow $20.00 day
AquaTroll Meter $125.00 day
Dissolved Oxygen Meter $35.00 day
Earth Ground Resistance Meter $25.00 day
Groundwater Sampling Filters $25.00 each
Horiba U-52 Multiparameter w/ Flow Cell $100.00 day
Interface Probe $45.00 day
Micromanometer $25.00 day
Miniram Particulate Meter $95.00 day
Oxygen/Explosimeter $50.00 day
ORP/pH/Conductivity Meter $40.00 day
Petroflag Test Kit $75.00 day
Petroflag Test Sample $25.00 sample
Photoionization Detector $65.00 day
Sampling/Decon Supplies $15.00 day
Sludge Sampler $30.00 day
Streamflow Meter $30.00 day
Tedlar Bag $30.00 each
Turbidity Meter $30.00 day
Vacuum Sampling Equipment $25.00 day
Water Level Probe $25.00 day
Water Level Probe, Sonic $35.00 day
Well Sampling Equipment $15.00 well
YSI Pro Plus w/ Flow Cell $100.00 day
SUPPORT EQUIPMENT
Air Knife $75.00 day
Barrel Dolly $10.00 day
Barrel Grappler $5.00 day
Barrel Liners $2.00 each
Barricades $30.00 day
Blower - SVE Test $75.00 day
Broadcast Spreader $25.00 day
Chain Link Fence Panels $20.00 week
Compressor - Small $50.00 day
Compressor - Large $180.00 day
Confined Space Tripod and Winch $175.00 day
Containment Boom $1.00 ft/day
Coppus Blower $40.00 day
Drill $10.00 day
Drill - Rotary Hammer $60.00 day
Drone $150.00 day
Drone topographic mapping software $200.00 day
Drum Deheader $20.00 day
Drum Funnel $10.00 day
Erosion Control - Blanket (100 SY)$175.00 roll
Erosion Control - Wattles (9" x 25')$75.00 each
Fall Protection Harness $20.00 day
Generator- Portable (small <3000 watt)$50.00 day
Generator- Portable (large >3000 watt)$100.00 day
Glass Sampling Rods $3.00 each
GPS - cm-grade $250.00 day
GPS - handheld $25.00 day
Hand Auger $10.00 day
Hg Vacuum $200.00 day
Jack Hammer $75.00 day
Ladder (Tank Car)$50.00 day
Laser Level $50.00 day
This information may not be copied, disseminated, or provided to other parties without
express knowledge and written permission of Olympus Technical Services, Inc.Page 2
DocuSign Envelope ID: 3EAE40F2-A71E-402E-968F-F90D0A64AA0B
Olympus Technical Services, Inc. Rates Valid Through Calendar Year 2020
SUPPORT EQUIPMENT - CONT. Rate Unit
Leaf Blower $67.00 day
PCB Cleaner $100.00 gallon
Metal Detector $27.00 day
Micro-Blaze $70.00 gallon
Padlocks $25.00 each
Powered Post Pounder $100.00 day
Pressure Washer $30.00 day
Propane Torch w/bottle $15.00 day
Saw - Circular/Miter $25.00 day
Saw - Demo $90.00 day
Sawzall $25.00 day
Soil Bags (1 cubic yd)$55.00 bag
Soil Sement $35.00 gallon
Sorbent - dry $12.50 bag
Sorbent Booms (5”)$170.00 bale
Sorbent Pads $115.00 bale
Sorbent Sweep $180.00 bale
Surge Block $10.00 day
Survey Level and Rod $40.00 day
Tank - Poly $40.00 day
Torch Set (gas additional)$20.00 day
Total Survey Station $100.00 day
Traffic Control Sign w/stand $30.00 day
Vac-U-Max $40.00 day
Visqueen - 6 mil. (20' x 100')$175.00 roll
Welder $150.00 day
PUMPS AND HOSES
1/2"-1" Pump, Air Diaphragm or Gas $45.00 day
2” Pump, Air Diaphragm or Gas $50.00 day
3” Pump, Air Diaphragm or Gas $60.00 day
1/2"-1" Sump Pump $25.00 day
2" Sump Pump $100.00 day
1" Chemical Transfer Pump $50.00 day
3" Chemical Transfer Pump $300.00 day
3" Crissafulli Pump $150.00 day
Peristaltic Pump $22.00 day
Bladder Pump $55.00 day
Bladder Pump - Poly Bladders $5.00 each
Bladder Pump - Teflon Bladders $50.00 each
Tubing - Polyethylene $0.50 foot
Tubing - Silicon $3.00 foot
Tubing - Teflon $4.00 foot
Well Sampling/Development/Submers. Pump $45.00 day
SS Sampling Pump $100.00 day
Hose - 2" Chemical Transfer $4.00 foot/day
Hose - 3" Chemical Transfer $5.00 foot/day
Hose - Disposable 4" ADS $90.00 roll
Hose - Suction or Discharge $1.00 foot/day
Hose - Vapor Recovery $1.00 foot/day
BARRELS/ DRUMS/TOTES (Department of Transportation Rated)
5 gallon Pail $45.00 each
30 gallon Steel Open Head $137.00 each
30 gallon Poly $150.00 each
55 gallon Steel Open Head $150.00 each
55 gallon Steel Closed Head $126.00 each
55 gallon Poly Open Head $170.00 each
55 gallon Poly Closed Head $145.00 each
85 gallon Salvage Drum $350.00 each
95 gallon Poly Salvage Drum $400.00 each
330 gallon IBC Tote $320.00 each
This information may not be copied, disseminated, or provided to other parties without
express knowledge and written permission of Olympus Technical Services, Inc.Page 3
DocuSign Envelope ID: 3EAE40F2-A71E-402E-968F-F90D0A64AA0B
City of Bozeman
Oil/Sand Interceptor Cleaning January 28, 2020
AP2405 p 01-20.docx
ATTACHMENT 2
TIME AND MATERIALS COST
SHEETS FOR TASKS 1-3
DocuSign Envelope ID: 3EAE40F2-A71E-402E-968F-F90D0A64AA0B
Date:1/28/2020
Client:
Project Name:
Olympus Project/Proposal No.:
Task 1 - Mobilization and Demobilization ODC 14%
Labor Quantity Unit Rate Cost
Program Manager 2 Hours $134.00 $268.00
Project Scientist/Engineer 2 Hours $107.00 $214.00
Project Manager 4 Hours $97.00 $388.00
Field Supervisor 4 Hours $86.00 $344.00
Environ Tech/Equipment Operator 8 Hours $70.00 $560.00
Administrative Support 0.25 Hours $51.00 $12.75
Labor Subtotal $1,786.75
Materials & Equipment Quantity Unit Rate Cost
Mileage - P/U 800 Mile $0.63 $504.00
Materials & Equipment Subtotal $504.00
Other Direct Charges (ODC)Quantity Unit Rate ODC*Cost
ODC Items*0 14.0%$0.00
Other Direct Charges Subtotal $0.00
Comments/Notes:
1.Subtotal $2,290.75
2.
3.Contingency 0.0%$0.00
4.
5.GRAND TOTAL $2,290.75
Olympus Technical Services, Inc. Cost Estimate
City of Bozeman
Oil/Sand Interceptor Cleaning
AP2405
DocuSign Envelope ID: 3EAE40F2-A71E-402E-968F-F90D0A64AA0B
Date:1/28/2020
Client:
Project Name:
Olympus Project/Proposal No.:
Task 2 - OSI Cleaning and Waste Stabilization ODC 14%
Labor Quantity Unit Rate Cost
Program Manager 3 Hours $134.00 $402.00
Project Manager 24 Hours $97.00 $2,328.00
Project Manager OT 6 Hours $118.00 $708.00
Field Supervisor 24 Hours $86.00 $2,064.00
Field Supervisor OT 6 Hours $105.00 $630.00
Environ Tech/Equipment Operator 48 Hours $70.00 $3,360.00
ET/Equipment Operator OT 12 Hours $88.00 $1,056.00
Administrative Support 0.75 Hours $51.00 $38.25
Labor Subtotal $10,586.25
Materials & Equipment Quantity Unit Rate Cost
Pickup (1/2 ton, 3/4 ton, 1 ton)12 Day $70.00 $840.00
Mileage - P/U 240 Mile $0.63 $151.20
Tilt Bed Trailer 3 Day $85.00 $255.00
Vac Trailer - Solids 3 Day $440.00 $1,320.00
Vac Traier - Liquids 3 Day $250.00 $750.00
Sorben Booms (5" Diameter)2 Bale $170.00 $340.00
Visqueen 2 Ea $175.00 $350.00
Per diem 12 Day $50.00 $600.00
Materials & Equipment Subtotal $4,606.20
Other Direct Charges (ODC)Quantity Unit Rate ODC*Cost
Lodging 12 Day $100.00 *$1,200.00
Mini Excavator 3 Day $320.00 *$960.00
Dump Trailer 3 Day $150.00 *$450.00
Sawdust 12 CY $25.00 *$300.00
Skid Steer Rental 1 Day $336.00 *$336.00
Equipment Fuel 50 Gal $3.00 *$150.00
ODC Items*3396 14.0%$475.44
Other Direct Charges Subtotal $3,871.44
Comments/Notes:
1.Subtotal $19,063.89
2.
3.Contingency 0.0%$0.00
4.
5.GRAND TOTAL $19,063.89
Olympus Technical Services, Inc. Cost Estimate
City of Bozeman
Oil/Sand Interceptor Cleaning
AP2405
DocuSign Envelope ID: 3EAE40F2-A71E-402E-968F-F90D0A64AA0B
Date:1/28/2020
Client:
Project Name:
Olympus Project/Proposal No.:
Task 3 - Waste Characterization and Disposal ODC 14%
Labor Quantity Unit Rate Cost
Program Manager 1 Hours $134.00 $134.00
Field Supervisor 8 Hours $86.00 $688.00
Field Supervisor OT 4 Hours $105.00 $420.00
Administrative Support 0.25 Hours $51.00 $12.75
Labor Subtotal $1,254.75
Materials & Equipment Quantity Unit Rate Cost
Pickup (1/2 ton, 3/4 ton, 1 ton)1 Day $70.00 $70.00
Mileage - P/U 500 Mile $0.63 $315.00
Skid Steer 1 Day $280.00 $280.00
Per diem 1 Day $50.00 $50.00
Materials & Equipment Subtotal $715.00
Other Direct Charges (ODC)Quantity Unit Rate ODC*Cost
Dump Trailer 1 Day $150.00 *$150.00
Disposal 20 Tons $27.00 *$540.00
EPH Screen Analysis 1 Ea $75.00 *$75.00
EP Fraction Analysis 1 Ea $75.00 *$75.00
VPH Analysis 1 Ea $120.00 *$120.00
RCRA Metals Analysis 1 Ea $130.00 *$130.00
ODC Items*1090 14.0%$152.60
Other Direct Charges Subtotal $1,242.60
Comments/Notes:
1.Subtotal $3,212.35
2.
3.Contingency 0.0%$0.00
4.
5.GRAND TOTAL $3,212.35
Olympus Technical Services, Inc. Cost Estimate
City of Bozeman
Oil/Sand Interceptor Cleaning
AP2405
DocuSign Envelope ID: 3EAE40F2-A71E-402E-968F-F90D0A64AA0B