HomeMy WebLinkAbout24 - Professional Services Agreements - HDR Engineering, Inc - WRF Phase 1 Base Hydraulic Capacity UpgradePROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made as of , between THE CITY OF BOZEMAN, a
self-governing municipal corporation organized and existing under its Charter and the laws of the State of
Montana, 121 N. Rouse Ave., Bozeman, Montana, 59771 (OWNER) and HDR Engineering, Inc., Montana,
(ENGINEER).
Whereas the accomplishment of the work and services described in this Agreement is essential to the
OWNER'S public works improvement program.
Whereas the OWNER intends to and has selected the ENGINEER to provide necessary and professional
engineering services for the project.
Whereas the ENGINEER represents that it is willing and qualified to perform the professional engineering
services for this project described in this Agreement.
Therefore, in consideration of the foregoing recitals and the mutual covenants and conditions contained
herein, the parties agree as follows:
ARTICLE 1 - ENGINEERING SERVICES
1.1 The detailed description of the specific project components is described as follows:
See Attachment A – Scope of Services
1.2 The scope of services under this contract is set forth in this Agreement and the attached EXHIBITS:
See Attachment A - Scope of Services
ARTICLE 2 - ENGINEER'S RESPONSIBILITIES
2.1 ENGINEER shall perform for OWNER professional engineering services in all phases of the
Project to which this Agreement applies as hereinafter provided. These services will include, but not be
limited to, serving as OWNER's professional engineering representative for the Project, providing
professional engineering consultation and advice and furnishing customary civil and structural engineering
services incidental thereto.
2.2 The ENGINEER shall furnish all labor, materials, equipment, supplies, and incidentals necessary
to conduct and complete the ENGINEER'S portions of the Project and to prepare and deliver to the OWNER
all data, reports, plans, specifications, and recommendations as designated herein.
2.3 The ENGINEER shall ascertain such information as may have a bearing on the work from local
units of government, public, and private organizations and shall be authorized to procure information from
other authorities as to the extent of these contacts and the results thereof.
2.4 The ENGINEER'S work shall be in accordance with the standards of sound engineering practices.
2.5 The ENGINEER shall name a Principal-In-Charge for the duration of the project. The Principal-
In-Charge shall be Tim Erickson.
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2.6 The ENGINEER shall name a Project Manager who shall be the liaison between the ENGINEER
and the OWNER. The Project Manager shall be Coralynn Revis. The OWNER may name a Task Director
who would be the liaison between the ENGINEER and the OWNER during the design segment of the
Project.
2.7 The ENGINEER shall submit an estimated progress schedule at the beginning of the work, and
monthly progress reports thereafter until the project is completed.
ARTICLE 3 - OWNER'S RESPONSIBILITIES
3.1 The OWNER shall name a Task Director who shall be the liaison between the ENGINEER and the
OWNER during DESIGN segment of the Project. The Task Director designated shall be Brian Heaston.
3.2 The OWNER shall have the right of review and examination of the ENGINEER'S work at all times.
3.3 The OWNER shall make available all records (record drawings, construction records, etc.)
indicating the existing configuration of the city utilities.
3.4 The OWNER will be responsible for advertising bid openings.
3.5 The OWNER shall attend the pre-bid conferences, bid openings, pre-construction conferences,
construction progress and other job related meetings, substantial completion inspections and final payment
inspections.
ARTICLE 4 - BASIC ENGINEERING SERVICES
The ENGINEER shall render professional Engineering Services as follows:
4.1 PRE-DESIGN INVESTIGATION PHASE
After written authorization to proceed, ENGINEER shall:
4.1.1 Consult with OWNER to clarify and define OWNER's requirements for the Project and
review available data.
4.1.2 Advise OWNER as to the necessity of OWNER's providing or obtaining from others, data
or services and assist OWNER in obtaining such data or services.
4.1.3 Identify and analyze requirements of governmental authorities having jurisdiction to
approve the design of the Project and participate in consultations with such authorities.
4.1.4. Provide analyses of OWNER's needs, planning surveys, site evaluations and comparative
studies of prospective sites and solutions.
4.1.5 Provide a general economic analysis of OWNER's requirements applicable to various
alternatives.
4.1.6 Prepare a Report containing schematic layouts, sketches and conceptual design criteria
with appropriate exhibits to indicate clearly the considerations involved (including applicable
requirements of governmental authorities having jurisdiction as aforesaid) and the alternative
solutions available to OWNER and setting forth ENGINEER's findings and recommendations.
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This Report will be accompanied by ENGINEER's opinion of probable costs for the Project,
including the following which will be separately itemized: Construction Cost, allowance for
engineering costs and contingencies, and (on the basis of information furnished by OWNER)
allowances for such other items as charges of all other professionals and consultants, for the cost
of land and rights-of-way, for compensation for or damages to properties, for interest and financing
charges and for other services to be provided by others for Owner. The total of all such costs,
allowance, etc. are hereinafter called "Total Project Costs".
4.1.7 Furnish three (3) copies and an electronic copy of the Study and Report documents and
review them in person with OWNER.
The Pre-design Investigation Phase will be completed and submitted within 150 calendar days following
written authorization from OWNER to ENGINEER to proceed with that phase of services.
4.2 PRELIMINARY DESIGN PHASE
4.3 FINAL DESIGN PHASE
4.4 BIDDING OR NEGOTIATING PHASE
4.5 CONSTRUCTION PHASE
4.6. PROJECT DOCUMENTATION
4.7. CONSTRUCTION TESTING
ARTICLE 5 - ADDITIONAL SERVICES
5.1 If OWNER wishes ENGINEER to perform any of the following Additional Services, OWNER
shall so instruct ENGINEER in writing, and ENGINEER shall perform or obtain from others such services
and will be paid therefor as provided in this Agreement:
5.1.1 Legal land surveys performed to obtain data for preparing easements and rights-of-way
descriptions.
5.1.2 Preparation of applications and supporting documents for governmental agencies in
addition to those required under Basic Services; preparation or review of environmental studies and
related services; and assistance in obtaining environmental approvals.
5.1.3 Services resulting from significant changes in the general scope, extent or character of the
Project or major changes in documentation previously accepted by OWNER where changes are
due to causes beyond ENGINEER's control.
5.1.4 Providing renderings or models.
5.1.5 Preparing documents for alternate bids requested by OWNER for work not executed or for
out-of-sequence work.
5.1.6 Providing other services not otherwise provided for in this Agreement, including services
normally furnished by the OWNER as elsewhere herein described.
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5.1.7 Furnishing the services of independent professional associates or consultants for other than
Basic Services.
5.2. When required by the Contract Documents in circumstances beyond ENGINEER's control,
ENGINEER shall perform or obtain from others any of the following Additional Services as circumstances
require during construction and without waiting for specific instructions from OWNER, and ENGINEER
will be paid therefor as provided in this Agreement:
5.2.1 Services in connection with work directive changes and change orders to reflect the
changes requested by OWNER if the resulting change in compensation for Basic Services is not
commensurate with the additional services rendered.
5.2.2 Services in making revisions to Drawings and Specifications occasioned by the OWNER'S
acceptance of substitutions proposed by Contractor(s); services after the award of each contract in
evaluating and determining the acceptability of an unreasonable or excessive number of
substitutions proposed by Contractor; and evaluating an unreasonable or extensive number of
claims submitted by Contractor(s) or others in connection with the work.
5.2.3 Services resulting from significant delays, changes or price increases occurring as a direct
result of materials, equipment or energy shortages.
5.2.4 Additional or extended services during construction made necessary by (1) work damage
by fire or other causes during construction, (2) a significant amount of defective or neglected work
of any Contractor, (3) acceleration of the progress schedule involving services beyond normal
working hours, (4) default by any Contractor.
ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE
6.1 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER
6.1.1 Payment. The OWNER shall for design phase services performed as Basic Engineering
Services under sections 4.1 through 4.3 of this Agreement pay a total sum in the amount of
$219,723 for such services.
6.1.2 General. Engineer shall submit monthly statements for services rendered. The statements
shall be based upon Engineer's estimate of the proportion of the total services actually completed
at the time of billing, subject to any limitations on Payments based on completion of tasks or
specific retainage requirements pursuant to the payment provisions of this Agreement.
6.1.3 Reimbursable Expenses. Only those expenses specifically identified for payment under
section 6.2 of this Agreement are reimbursable. All other design related expenses are included in
the Lump Sum Payment for the Basic services (4.1 through 4.3) and are not separately
reimbursable. Additional Services specifically identified under the scope of design services for
payment under 6.1 are not separately reimbursable.
6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF
ENGINEER
ARTICLE 7 - MEANING OF TERMS
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7.1 AGREEMENT
As used herein the term "this Agreement" refers to the contents of this document and its Exhibits attached
hereto and referred to as if they were part of one and the same document.
7.2 CONSTRUCTION COSTS
The construction cost of the entire Project (herein referred to as "Construction Cost") means the total cost
to OWNER of those portions of the entire Project designed and specified by ENGINEER, but it will not
include ENGINEER's compensation and expenses, the cost of land, rights-of-way, or compensation for or
damages to, properties unless this Agreement so specifies, nor will it include OWNER's legal, accounting,
insurance counseling or auditing services, or interest and financing charges incurred in connection with the
Project or the cost of other services to be provided by others to OWNER.
7.3 DIRECT LABOR COSTS
7.4 REIMBURSABLE EXPENSES
Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's independent
professional associates or consultants directly in connection with the Project, such as expenses for:
transportation and subsistence incidental thereto; obtaining bids or proposals from Contractor(s);
subsistence and transportation of Resident Project Representatives and their assistants; toll telephone calls
and telegrams; reproduction of reports, Drawings, Specifications, Bidding Documents and similar Project-
related items; and if authorized in advance by OWNER, overtime work requiring higher than regular rates.
In addition, when compensation for Basic Services is on the basis of Direct Labor Costs method of payment,
Reimbursable Expenses will also include the amount billed to ENGINEER by special consultants employed
by ENGINEER and authorized by OWNER (other than as an authorized Additional Services) and will also
include expenses incurred for computer time and other specialized equipment, including an appropriate
charge for previously established programs and expenses of photographic production techniques.
ARTICLE 8 - PAYMENT PROVISIONS
8.1 TIMES OF PAYMENTS. ENGINEER may submit monthly statements for Basic Services and
approved Additional Services rendered and for Reimbursable Expenses incurred; however, payments shall
not exceed the ceilings provided in 6.1 and 6.2. Final payment shall be made only after acceptance of the
project by the OWNER. If OWNER disputes the amount of the billing, OWNER will notify the
ENGINEER in writing within ten (10) calendar days of the receipt of bill of the dispute.
8.2 REQUESTS FOR PAYMENT. Each request for payment shall include a documentation
summary of the period incremental man hours incurred, direct labor rates and billed rates, detail of
reimbursable costs, total period billing, and total cumulative billing. When requested by OWNER services
for distinct project segments shall be accounted and billed separately.
8.3 PAYMENT UNDER TERMINATION. In the event of termination by the OWNER upon the
completion of any phase of the Basic Services, progress payments due ENGINEER for services rendered
through such phase shall constitute total payment for such services. In the event of such termination by
OWNER during any phase of the Basic Services, ENGINEER also will be reimbursed for the charges of
pre-approved independent professional associates and consultants employed by ENGINEER to render
Basic Services, and paid for services rendered during that phase on the basis of the payment provisions of
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the Agreement. In the event of any such termination, ENGINEER will be paid for unpaid pre-approved
Additional Services and unpaid Reimbursable Expenses which are authorized under this agreement.
ARTICLE 9 - GENERAL CONSIDERATIONS
9.1 TERMINATION OF AGREEMENT
9.1.1 The sole right is hereby reserved to the OWNER to terminate this Engineering Agreement
for any and all causes or for its convenience at any time upon fifteen (15) days written notice to the
ENGINEER.
9.1.2 If termination for default is effected by the OWNER, an equitable adjustment in the price
provided for in this Agreement shall be made, but (1) no amount shall be allowed for anticipated
profit on unperformed services or other work, and (2) any payment due to the ENGINEER at the
time of termination may be adjusted to cover any additional costs to the OWNER because of the
ENGINEER's default. If termination for convenience is effected by the OWNER, the equitable
adjustment shall include a reasonable profit, as determined by owner, for services or other work
performed. The equitable adjustment for any termination shall provide for payment to the
ENGINEER for services rendered and expenses incurred prior to the termination, in addition to
termination settlement costs reasonably incurred by the ENGINEER relating to commitments
which had become firm prior to the termination.
9.1.3 Upon receipt of a termination action under paragraph 9.1.2, the ENGINEER shall (1)
promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or
otherwise make available to the OWNER within ten (10) days copies of all data, design drawings,
specifications, reports, estimates, summaries and such other information and materials as may have
been accumulated by the ENGINEER in performing this Agreement, whether completed or in
process.
9.1.4 In the event this Contract is terminated prior to completion, the original copies of the
ENGINEER'S data, recommendations, plans, specifications, analysis and other related documents
prepared by the ENGINEER prior to said termination shall be delivered to and become the property
of the OWNER.
9.1.5 Upon termination, the OWNER may take over the work and may award another party an
Agreement to complete the work under this Agreement.
9.1.6 OWNER'S right to terminate is in addition to any other remedies OWNER may have under
the law.
9.2 INSPECTION AND AUDIT
All books, papers, records, payrolls, vouchers and invoices relating to costs and expenditures incurred as
to the performance of the services by the ENGINEER hereunder shall be made available to the OWNER,
or their authorized representatives for audit and review, at the ENGINEER'S respective offices at all
reasonable times during the contract period and for three years from the date of final payment.
9.3 EMPLOYMENT
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The ENGINEER warrants that he has not employed or retained any company or persons, other than a bona
fide employee, working solely for the ENGINEER, to solicit to secure this contract, and that he has not
paid or agreed to pay any company or person, other than bona fide employees working solely for the
ENGINEER, any fee, commission, percentage, brokerage fee, gifts or any other considerations contingent
upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the
OWNER shall have the right to annul the Contract without liability or in its discretion to deduct from the
price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage
fee, gift or contingent fee.
All employees of the ENGINEER or other persons while engaged in the performance of work or services
required by the ENGINEER shall be considered employees of the ENGINEER only and not of the OWNER.
9.4 NONDISCRIMINATION
The ENGINEER agrees that all hiring by ENGINEER of persons performing this Agreement shall be on
the basis of merit and qualifications.
The ENGINEER will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts.
The ENGINEER will not refuse employment to a person, bar a person from employment, or discriminate
against a person in compensation or in a term, condition, or privilege of employment because of race, color,
religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual
orientation, gender identity, physical or mental disability, except when the reasonable demands of the
position require an age, physical or mental disability, marital status or sex distinction.
The ENGINEER shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140,
Title 2, United States Code, and all regulations promulgated thereunder.
ENGINEER represents it is, and for the term of this Agreement will be, in compliance with the requirements
of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). ENGINEER must
report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of
within 60 days of such finding for violations occurring during the term of this Agreement.
ENGINEER shall require these nondiscrimination terms of its subcontractors providing services under this
Agreement.
The ENGINEER shall require these nondiscrimination terms of its sub-consultants providing services under
this agreement.
9.5 SUBLETTING OR ASSIGNING OF WORK
The ENGINEER shall not sublet or assign any of the work covered herein without prior written approval
of the OWNER.
9.6 STANDARD OF CARE
In providing services under this agreement, the ENGINEER will perform in a manner consistent with the
degree of care and skill ordinarily exercised by members of the same profession currently practicing under
similar circumstances. If any service should be found to be not in conformance with this standard, the
ENGINEER shall, at the OWNER’s request, re-perform the service at its own expense. Engineer shall also,
at its own expense, make such changes, modifications or additions to the project which are made necessary
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as a result of the initial non-performance or the re-performance of services. The OWNER’s rights herein
are in addition to any other remedies the OWNER may have under the law.
9.7 LEGAL RELATIONS
9.7.1 The ENGINEER shall, consistent with the standard care, comply with those Federal, State,
and Local laws and ordinances applicable to the work to be done.
9.7.2 For claims, causes of action, losses, or damages (collectively, “Claims”) asserted by third-
parties and arising out of the performance of professional services by the ENGINEER, the
ENGINEER shall indemnify and hold the Owner and the Owner’s officers, directors, and
employees harmless from such Claims, including reasonable attorneys’ fees and expenses
recoverable under applicable law, but only to the extent such Claims are caused by the negligence
or intentional misconduct of the ENGINEER, its employees and its consultants in the performance
of professional services under this Agreement. The ENGINEER’S obligation to indemnify and hold
the Owner and the Owner’s officers and employees harmless under this section 9.7.2 does not
include a duty to defend.
9.7.3 For Claims asserted by third-parties that do not arise out of the performance of professional
services by the ENGINEER, the ENGINEER shall, to the extent covered by the ENGINEER’S
insurance, defend, indemnify, and hold the Owner and the Owner’s officers, directors, and
employees harmless from such Claims, including reasonable attorneys’ fees and expenses
recoverable under applicable law, but only to the extent such Claims are caused by the negligence
or intentional misconduct of the ENGINEER, its employees and its consultants.
9.7.4 In the event the OWNER is found proportionately responsible for any damages ultimately
awarded to a plaintiff or plaintiffs in any lawsuit, the ENGINEER will be responsible for only those
damages, costs, or liabilities as are attributable to the ENGINEER’S percent of fault as compared
with 100% of the fault giving rise to the damages. Should the OWNER be found responsible for
negligence by its own officers, directors, agents or employees, then in that event the OWNER
agrees to reimburse the ENGINEER for the reasonable attorney’s fees and costs incurred in any
defense of the OWNER in an amount proportional to the fault attributed to the OWNER. The
indemnity required herein shall not be limited by reason of the specification of any particular
insurance coverage in this Agreement.
9.7.5 Should either OWNER or ENGINEER be held responsible, for any damages, costs or
liabilities resulting from intentional misconduct by any officer, director, agent or employee in
connection with the work specified in this Agreement, then in that event, that party shall indemnify
and hold harmless the other as to any damages, costs or liabilities that result from or arise out of
that intentional misconduct, including reasonable attorney’s fees and costs which shall include costs
and salary of the city attorney or other in-house counsel. Further, notwithstanding the obligations
set forth in paragraphs 9.7.2 and 9.7.3 above, the ENGINEER agrees to defend OWNER where the
OWNER’S alleged liability arises from intentional misconduct by the ENGINEER. Should the
OWNER be found responsible for intentional misconduct by its own officer, director, agent or
employee, then OWNER agrees to reimburse ENGINEER for the reasonable attorney’s fees and
costs incurred in any defense of the OWNER.
9.7.6 The ENGINEER shall perform this agreement as an independent contractor, and as such,
is responsible to the OWNER only as to the results to be obtained in the work herein specified, and
to the extent that the work shall be done in accordance with the terms, plans and specifications.
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The ENGINEER shall have and maintain complete control over all of its employees,
subcontractors, agents and operations, being responsible for any required payroll deductions and
providing required benefits, such as, but not limited to worker’s compensation with statutory limits,
and unemployment insurance.
9.8 INSURANCE
The ENGINEER shall secure and furnish to the OWNER certificate of insurance, therein, naming the
OWNER as an additional insured, to include thirty (30) days notice of cancellation or non-renewal.
Without limiting any of ENGINEER's obligations hereunder, ENGINEER shall secure and maintain, until
the work is completed and accepted by the OWNER, insurance coverage naming the OWNER as additional
insured with minimum insurance coverage as follows:
Type of Coverage Limits
Employers' Liability: $1,000,000 per accident
General Liability:
Bodily Injury & Property Damage: $1,000,000 per accident
Single and combined
General Aggregate: $2,000,000
Excess Liability Coverage (umbrella): $1,000,000 each occurrence
Automobile:
Bodily Injury: $1,000,000 each person
Covering all automobiles, trucks, $1,000,000 each occurrence
tractors, trailers or other auto-
motive equipment whether owned or
rented by Engineer or owned by
employees of the Engineer
Property Damage: $1,000,000 each occurrence
Covering all automobiles, trucks,
tractors, trailers or other automotive
equipment whether owned or rented
by Engineer or owned by employees
of Engineer
OR
Bodily Injury & Property Damage: $1,000,000 each occurrence
Single and combined
In addition to the above insurance coverage, the ENGINEER shall secure and maintain, until the work is
completed and accepted by the OWNER, and without naming OWNER as an additional insured,
professional errors and omissions coverage as follows:
Professional Errors & Omissions: $1,000,000 per claim and
aggregate each occurrence
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9.9 ENDORSEMENT
The ENGINEER shall place his endorsement on all drawings and other data furnished by him.
9.10 OWNERSHIP OF DOCUMENTS
The parties admit and agree the documents produced under this agreement are not intended or represented
to be suitable for reuse by OWNER or any other individual on any other project. Any reuse without written
verification or adaptation by ENGINEER will be at OWNER’s sole risk and without liability or legal
exposure to ENGINEER, or to ENGINEER’s independent professional associates or consultants. Files in
electronic media format of text, data, graphics, or of other types that are furnished by ENGINEER to
OWNER are only for convenience of owner. Any conclusion or information obtained or derived from such
electronic files will be at the user's sole risk.
9.11 PUBLIC INFORMATION
The ENGINEER shall not issue any statements, releases or information for public dissemination without
prior approval of the OWNER.
9.12 PROPRIETARY RIGHTS
If patentable discoveries or inventions should result from work required herein, all rights accruing from
such discoveries or inventions shall be joint property of the ENGINEER and the OWNER. Provided that
the OWNER, state agencies or political subdivisions and the United States Government shall have the
irrevocable, nonexclusive, nontransferable and royalty-free license to use each invention in the
manufacture, use and disposition, according to law, of any article or material, and in the use of any method
that may be developed as part of the work described and contemplated herein.
9.13 RECORDS
The ENGINEER shall maintain accounting records and other evidence pertaining to the cost incurred and
to make the records available at all reasonable times during the Contract term and for one (1) year from the
date of final payment. Such accounting records and other evidence pertaining to the cost incurred will be
made available for inspections by OWNER.
9.14 SUCCESSORS IN INTEREST
The covenants, agreements and all statements in this Contract apply to and shall be binding on the heirs,
personal representatives, successors and assigns of the respective parties.
9.15 ATTORNEY'S FEES AND COSTS
That in the event it becomes necessary for either Party of this Contract to retain an attorney to enforce any
of the terms or conditions of this Contract or to give any notice required herein, then the prevailing Party
or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary,
and costs of in-house counsel to include City Attorney.
9.16 MODIFICATIONS AND AMENDMENTS
That any amendment or modification of this Contract or any provisions herein shall be made in writing or
executed in the same manner as this original document and shall after execution become a part of this
Contract.
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9.17 CONSENT TO ELECTRONIC SIGNATURES
The Parties have consented to execute this Agreement electronically in conformance with the Montana
Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA.
In witness whereof, the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN, MONTANA HDR ENGINEERING, INC.
BY: BY:
(Interim City Manager) (Vice President)
DATE: DATE:
ATTEST:
BY:
(City Clerk)
APPROVED AS TO FORM:
BY:_____________________________
(City Attorney)
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6/19/20246/20/2024
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ATTACHMENT A- SCOPE OF SERVICES
BACKGROUND
The overall objective of this project is to complete pre-design, final design, bidding and
construction administration services for the City of Bozeman (City) Water Reclamation Facility
(WRF) Phase 1 Base Hydraulic Upgrade Project. The major project elements include a new
anaerobic digester, UV disinfection system capacity expansion, inDENSE® pilot study, and a
tertiary filtration study.
This scope of services will primarily describe the initial pre-design phase for the project with the
goal of establishing a strong foundation for the overall project. Final design and construction
phase services shall be developed under an upcoming scope of services.
SCOPE OF SERVICES
The scope of services is identified in the following tasks and will commence upon written Notice
to Proceed (NTP) with the selected tasks. The project schedule will be determined at the time of
NTP but is anticipated to be 6 months, with Final Design and Construction Administration as
future tasks.
Tasks Description
100 Project Management
200 inDENSE Evaluation
300 Effluent Filtration Study
400 UV & Digester PDR
Task 100. Project Management
Objective and Approach
HDR will manage its professional services contract to provide completion of this phase of the
project. HDR will prepare and implement a project management plan; provide scope, schedule,
and cost control services; negotiate and administer the contract; and initiate and attend project
coordination meetings.
101.Project Management Plan
A Project Management Plan (PMP) will be prepared which clearly communicates project
objectives, scopes, budgets, schedule, communications protocols, constraints, applicable
regulations, health and safety requirements for field work, and guidelines to project team
members. The PMP will be updated periodically throughout the duration of the project when
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significant events impact the scope and/or schedule of the project, and the updated PMP will be
distributed to team members.
As part of the PMP, a Quality Management Plan (QMP) will be developed that defines the
QA/QC process for the project and identifies the key reviewers.
102. Project Initiation Workshop – Project Kickoff Meeting
Conduct a workshop and kickoff meeting between the City and HDR to discuss scope, project
schedule, deliverables, and initial data requests. An agenda will be prepared and distributed to
the anticipated attendees. Prepare and distribute notes to attendees after workshop.
103. Progress Reports and Invoices
Prepare monthly project status reports that compare work accomplished with scheduled
activities, compare expenditures with task budgets, and describe changes to the scope that
have occurred. Submit progress report combined with invoice for the duration of the project.
104. Monitor Project Progress
Monitor project progress using earned value management by evaluating monthly the work
completed, work remaining, schedule, budget expended, estimated cost of remaining work, and
estimated cost at completion. Communicate scope, schedule, and budget status with the project
team and review technical content of work products. Inform City in monthly progress report of
any budget or schedule related issues.
105. Project Quality Control
Review all work activities and project deliverables for conformance with quality control
requirements and project standards. Monitor project activities for potential changes, anticipate
changes whenever possible, and with the City’s approval, modify project tasks and approach to
keep the overall project within budget and on schedule.
106. Quality Assurance
Develop a Quality Management Plan (QMP) prior to commencing work. The QMP will define the
specific quality practices, resources, and sequence of activities that will be used to fulfill the
requirements for quality relevant to this project. Quality assurance (QA) components will define
the systematic activities that will be completed to provide adequate confidence that deliverables
will satisfactorily fulfill quality requirements. Quality control (QC) components will define the
techniques and activities that will be used to verify an established level of quality has been
achieved. The QC components are described for each major deliverable throughout this scope
of services.
107. Project Close-Out
Consolidate working files into final records folders. Destroy duplicate, draft, and obsolete
documents. Verify record documents are included in final records folders. Verify and document
that the contract terms and conditions have been met and all service and deliverable obligations
completed. Issue a contract completion notice to City.
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Assumptions
The fee for this task is based upon the following assumptions:
• This task is for the administration and management of HDR’s contract.
• City will participate in project initiation workshop, conference calls, and meetings
(workshop and meetings via Teams).
• Invoice and progress report format will follow HDR standard format.
• City will review progress report and approve invoices.
• Labor costs and expenses for this contract will be tracked at the task level.
• Direct expenses for travel, sustenance, printing, and photocopying will be billed to City.
• HDR will proportionately adjust loaded labor rates to actual salary and wage increases
for individuals.
• Quality control reviews of work activities and project deliverables are included in the
corresponding task.
• Contract completion notice will be included with final progress report and invoice.
Deliverables
Deliverable work products consist of the following:
• Meeting agendas transmitted to City via e-mail in .pdf format prior to project initiation
workshop and meetings.
• Meeting agendas delivered to City in hard copy format at project initiation workshop and
project meetings, if held in person.
• Notes from project initiation workshop, and meetings transmitted to City via e-mail in .pdf
format.
• Monthly progress report and invoice transmitted to City via hard copies.
• Project Management Plan transmitted to City via e-mail in .pdf format, if requested.
Task 200. inDENSE Evaluation
Objective and Approach
inDENSE is a wastewater process technology installed in the aeration basin system’s waste
activated sludge (WAS) line which selectively retains well-settling biomass and selectively
wastes poor settling biomass. It is anticipated that implementation of this technology may
improve clarifier performance, augment secondary treatment capacity, and relieve current
pressures on the nitrification system. However, the actual impacts from inDENSE will not be
able to be quantified without a definite demonstration period at the WRF, which will require
either leasing the equipment or purchasing it outright. There are important cost/benefit
considerations that will determine which choice presents the best path forward, and the
inDENSE evaluation will consider alternatives pertaining to equipment leasing vs. buying and
the manner of installation. The evaluation will provide a recommendation on how to move
forward, and will include a recommendation for how to conduct the most effective pilot and in-
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field pilot process, taking into account considerations such as sunk cost and how to proceed if
the technology is unsuccessful at the WRF.
201.inDENSE Evaluation
Several alternatives will be evaluated during the inDENSE evaluation, including the following
principal pathways:
•Alternative 1. Pilot inDENSE during 3 – 6 Month Demonstration Period
•Alternative 2. Purchase inDENSE without Demonstration Period, Temporary Installation
•Alternative 3. Purchase inDENSE without Demonstration Period, Permanent Installation
For each of these pathways, opinions of probable construction cost (OPCCs) will be quantified,
including any sunk costs that will not be recuperated in the case of unfavorable technology
performance at the WRF. To inform a final recommendation as to how to proceed, the process
Biowin baseline model will be updated to simulate the implementation of the inDENSE system in
the existing WRF process. The model simulation will be used to identify the potential effects of
implementing the inDENSE system, and the model will be adjusted to simulate the following
process changes:
•Increased MLSS in the basins,
•Retention of BNR organisms.
The modeling results will be weighed against the OPCCs for each alternative pathway, and the
consequences of potentially unfavorable real-world performance at the WRF, to provide a
recommendation for moving forward.
Task 200 Deliverables
Deliverable work products consist of the following:
•Technical Memorandum summarizing the results and recommendations of the inDENSEevaluation
•Meeting agendas transmitted to City via e-mail in .pdf format prior to coordination calls
and meetings.
Task 300. Effluent Filtration Study
Objective and Approach
An effluent filtration study will identify an approach and filtration technologies for the WRF,
including wetland tertiary treatment. Materials, costs, and treatment outcomes will be identified.
Head requirements will also be determined to ascertain if filters can be incorporated into the
existing hydraulic profile or whether pumps will be required.
The schedule for the Effluent Filtration Study task will be prioritized in order to provide the City
with our recommendations as they may impact or affect the City’s planning for the shops
complex at the WRF.
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301.Technological Review
The Effluent Filtration Study will determine which filter technology is best suited for the needs of
the WRF. This evaluation will principally evaluate filter performance and what technologies
coincide with the nutrient discharge limits in the Facility Plan Treatment Scenarios but will also
include an evaluation of wetland tertiary treatment that considers data from the recent wetland
pilot study performed by Montana State University.
Tertiary membrane filters (TMF) were presented and recommended in the Facility Plan because
they have a proven ability to meet the required phosphorus limit, but TMF technology is also
expensive. The Effluent Filtration Study will evaluate other filtration options, like sand filters and
cloth media filters, and determine whether they can meet the required phosphorus limit in a
more cost-effective manner. It is anticipated that up to four filtration technologies will be
evaluated.
302.Process Integration Review
The evaluation will consider the physical head requirements of each filter technology and
whether they can integrate into the WRF’s existing treatment train or if pumping will be required.
A preliminary examination of the WRF’s hydraulic profile shows that there is limited available
head between the secondary clarifiers and the UV disinfection system, suggesting that pumping
may be required. If this is the case, HDR will evaluate and determine feasible locations where
pumping equipment/infrastructure can be installed on site and within the physical constraints of
the tertiary treatment train.
Task 300 Assumptions
The fee for this task is based upon the following assumptions:
•Results and data from the wetland pilot study at the WRF will be provided.
Task 300 Deliverables
Deliverable work products consist of the following:
•Effluent Filtration Study delivered electronically,
•Meeting agendas transmitted to City via e-mail in .pdf format prior to Effluent FiltrationStudy review,
•Notes from meetings, transmitted to City via e-mail in .pdf format.
Task 400. UV & Digester Preliminary Design Report
Objective and Approach
The development of a preliminary design report (PDR) to encompass the design plan for the
new digester (Digester 4) and UV capacity addition. Digester predesign will include an
evaluation of heating and biogas utilization, digester sizing, mixing, and siting of the digester on
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the WRF property. Previous reports, studies, and current loading rates will be reviewed and
design parameters will be updated, as necessary.
401. Digester Design
The PDR will confirm sizing and mixing for Digester 4, which is anticipated to be sized similarly
to Digester 3. The Digester 4 sizing will provide redundancy and a minimum 15-day HRT
through the planning period outlined in the Wastewater Facilities Plan, consistent with Class B
sludge production requirements. The proposed location for Digester 4 will be adjacent to
Digester 3, but this siting will be evaluated against the risk of erosion in this area from the East
Gallatin River. The existing Digester Control Building was designed to accommodate a future
digester with the use of existing piping that is currently available to connect the new digester to
the dewatering process.
Like Digester 3, Digester 4 will process both the WAS and digested PSL stream from Digesters
1 and 2. Given the role of Digester 3 in processing the WAS stream from the bioreactors, and
the accompanying phosphorus load that comes with it, Digester 4 will be designed similarly to
Digester 3 to mitigate the effects of struvite accumulation.
402.Digester Heating and Biogas Utilization
Providing heat is a fundamental component of successful mesophilic anaerobic digester
operation. Digester 4 will require a new heat exchanger and connection to the WRF’s hot water
recirculation system to provide heating. There is room for installation of the new heat exchanger
in the Digester Control Building basement. The WRF’s boilers will require a capacity evaluation
to determine if they can support an additional digester, or if additional boiler capacity will be
required. An option of reusing the biogas from Digester 4 will also be evaluated within the PDR.
403.UV Treatment System Design
The UV system is currently sized to deliver a dosage of 35,000 ɥWatt-sec/cm2 for a peak hour
flow of 16.9 mgd, with expansion capacity in the UV banks to accommodate a peak hour flow of
25.4 mgd. The 2022 Facility Plan Update predicts a 2025 peak hour flow of 17.5 mgd, eclipsing
current peak hour capacity. This task will include evaluation of the upgrade and controls of the
UV system to meet the future needs and flow.
Task 400 Assumptions
The fee for this task is based upon the following assumptions:
•City will provide required information, as requested.
•construction cost will not vary from opinions of probable cost Engineer prepares.
Task 400 Deliverables
Deliverable work products consist of the following:
•Preliminary Design Report, delivered electronically.
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Opinion of Probable Project Costs Assumption
Any opinions of probable project cost or probable construction cost provided by Engineer are
made on the basis of information available to Engineer and on the basis of Engineer's
experience and qualifications and represents its judgment as an experienced and qualified
professional engineer. However, since Engineer has no control over the cost of labor,
materials, equipment or services furnished by others, or over the contractor(s') methods of
determining prices, or over competitive bidding or market conditions, Engineer does not
guarantee that proposals, bids or actual project or construction cost will not vary from opinions
of probable cost Engineer prepares.
Proposed Schedule
Based on an anticipated Notice to Proceed date of June, 2024, the projected project schedule is as
follows:
Task Description Schedule
100 Project Management Project Duration
200 inDENSE Pilot Tech Memo June 2024 – Sept 2024
300 Effluent Filtration Study June 2024 – Aug 2024
400 UV & Digester PDR July 2024 – October 2024
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1 - Area Business Group Director - Coralyn Revis2 - Project Manager Engineer Sr - Craig Habben3 - Project Manager Engineer Sr - Jeff Zahller4 - Project Manager Engineer Sr - Jarrett Moran6 - Engineer Sanitary-2 - Calvin Zeltner20 - Engineer Sanitary-2 - Zach Maassen5 - Project Manager Engineer Sr - Adam Parmenter8 - Engineer Sanitary-2 - Tyson Schlect9 - Business Class Director - JB Neethling10 - Engineer Sanitary Sr-3 - June Leng25 - Accountant - Paden Kaufman21 - Area Business Group Director - Tom Hamlin15 - Engineer Electrical Sr - Lance Kirmeyer17 - SectionManagerTeamLeader - Trey Morris22 - CADDTechnician Civil 4 - Heather Fancher19 - Engineer Instrumentation Sr - Terry StulcTotal Budget
Task Task Description Status MGT62 PJM21 PJM21-1 PJM21-2 ESA20 ESA20-2 PJM21-3 ESA20-1 MGT46 ESA30-1 ACT03 MGT62-
1 EEL30 MGT10 CCI04 EIN30 TOTAL
HOURS
LABOR INCL.
ESCALATION TOTAL COST
101 Project Management Plan .4 5 9 2,000$ -$
102 Project Inititation Workshop .4 4 2 2 12 3,075$ -$
103 Progress Reports and Invoices .8 16 24 3,967$ -$
104 Monitor Project Progress .8 8 2,124$ -$
105 Project Quality Control .16 8 8 4 4 4 44 12,266$ -$
106 Quality Assurance .8 8 2,467$ -$
107 Project Close-Out .4 8 12 1,984$ -$
Subtotal (including optional)28 24 4 10 0 7 8 0 0 0 24 4 0 4 0 4 117 27,883$ 27,883$
2.1 InDENSE Evaluation .16 40 20 20 80 8 8 8 4 12 4 220 47,300$ -$
Subtotal (including optional)16 0 0 0 40 20 20 80 8 0 0 8 8 4 12 4 220 47,300$ 47,300$
3.1 Technological Review .16 80 30 16 142 24,709$ -$
3.2 Process Integration Review .16 60 20 16 112 20,272$ -$
Subtotal (including optional)32 0 0 0 140 50 32 0 0 0 0 0 0 0 0 0 254 44,981$ 44,981$
4.1 Digester PreDesign .16 30 8 80 20 10 10 8 10 192 39,001$ -$
4.2 Digester Heating and Biogas Utilization .16 40 8 40 40 8 10 10 8 10 190 42,950$ -$
4.3 UV Treatment System Evaluation .8 8 24 8 4 2 8 8 10 80 17,608$ -$
Subtotal (including optional)40 0 70 24 144 60 16 0 0 4 0 22 28 0 24 30 462 99,559$ 99,559$
Total (including optional)116 24 74 34 324 137 76 80 8 4 24 34 36 8 36 38 1053 219,723$ 219,723$
Task 1 Project Management
Task 2 InDENSE Evaluation
Task 4 UV & Digester PDR
Task 3 Effluent Filtration Study
HDR
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