HomeMy WebLinkAbout12- Hydraulic modeling of Bozeman Creek by Allied Engineering Professional Services Agreement 8
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this ?— day of JAAV&ry , 20 /Z, by
and between the CITY OF BOZEMAN, MONTANA, a municipal corporation organized and
existing under the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana 59771,
hereinafter referred to as "City," and, Allied Engineering, Inc. 32 Discovery Drive, Bozeman, MT
59771, hereinafter referred to as "Consultant."
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: On December 12, 2011 the Montana Trout Foundation (MTF) awarded
the City a grant in the amount of $10,000 to fund hydraulic modeling of Bozeman Creek. The
Consultant agrees to complete hydraulic modeling and related tasks consistent with the grant
proposal submitted to MTF on September 23, 2011.The City and Consultant enter into this
agreement to: (i) facilitate the completion of all tasks, objectives and goals described in the Grant
Proposal; (ii) ensure compliance with MTF and City reporting requirements; and (iii)provide timely
payment for services provided by Consultant.
2. Effective Date: This Agreement is effective upon the date of its execution and will
terminate upon completion of all work described on Attachment A but no later than the 30`x' day of
June, 2012.
3. Scope of Work: Consultant will perform the work and provide the services in
accordance with the requirements of the Scope of Work attached hereto as Attachment A. For
conflicts between this Agreement and the Scope of Work, unless specifically provided otherwise,
the Agreement governs.
4. Payment: City agrees to pay Consultant a fixed cost of ten thousand dollars
($10,000.00) for services performed pursuant to the Scope of Work. This figure includes all labor,
equipment, materials and expenses of any kind. All requests for reimbursement shall be submitted
to the City within ten (10) days of the end of each calendar month. Requests must include budget
tracking invoice of all work performed on behalf of the Project including receipts, and a narrative
justification of the amount requested. Payment will be remitted by the City to Consultant within two
weeks of approval of submitted invoices. Any alteration or deviation from the described work that
PROFESSIONAL SERVICES AGREEMENT
Allied Engineering for Water Modeling of Bozeman Creek
Page I of 6
involves extra costs will be performed by Consultant after written request by the City, and will
become an extra charge over and above the contract amount. The parties must agree in writing
upon any extra charges.
Payments from the City to the Consultant will occur only after grant funds have been received by
the City from Montana Trout Foundation. Consultant shall be paid under the following payment
schedule.
1. A maximum of$7000 shall be paid to Consultant upon the City's receipt of Deliverables 1,
2, 3 and S on the Scope of Work.
2. The balance of project funds shall be payable upon the City's receipt from Consultant and
written approval of Deliverables 4 and 6 on the Scope of Work.
S. Consultant's Representations:
To induce City to enter into this Agreement, Consultant makes the following
representations:
a. Consultant has familiarized itself with the nature and extent of this Agreement, the
Scope of Work, and with all local conditions and federal, state and local laws, growth policies,
adopted plans of the City, ordinances, rules, and regulations that in any manner may affect cost,
progress or performance of the Scope of Work.
b. Consultant represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform said 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: The parties agree that Consultant is an
independent contractor for purposes of this Agreement and is not to be considered an employee of
the City for any purpose. Consultant 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. Consultant is not authorized to represent the City or otherwise
bind the City in any dealings between Consultant and any third parties.
Consultant shall comply with the applicable requirements of the Workers' Compensation
Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter
71, MCA. Consultant shall maintain workers' compensation coverage for all members and
employees of Consultant's business, except for those members who are exempted by law.
Consultant 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'
PROFESSIONAL SERVICES AGREEMENT
Allied Engineering for Water Modeling of Bozeman Creek
Page 2 of 6
compensation insurance in the State of Montana; or (2) proof of exemption from workers'
compensation granted by law for independent contractors.
7. Indemnity/Waiver of Claims/Insurance; For other than professional services
rendered, to the fullest extent permitted by law, Consultant agrees to defend, indemnify, and hold
the City harmless against claims, demands, suits, damages, losses, and expenses connected
therewith that may be asserted or claimed against, recovered from or suffered by the City by reason
of any injury or loss, including but not limited to, personal injury, including bodily injury or death,
property damage, occasioned by, growing out of, or in any way arising or resulting from any
intentional or negligent act on the part of Consultant or Consultant's agents or employees.
For the professional services rendered, to the fullest extent permitted by law, Consultant
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
willful misconduct of the Consultant or Consultant's agents or employees.
Consultant also waives any and all claims and recourse against the City or its officers,
agents or employees, including the right of contribution for loss or damage to person or property
arising from, growing out of, or in any way connected with or incident to the performance of this
Agreement except "responsibility for his 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.
Should City be required to bring an action against the Consultant to assert its right to
defense or indemnification under this Agreement or under the ConsuItant'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 Consultant was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s)thereof.
The above obligations shall survive termination of this agreement.
In addition to and independent from the above, Consultant shall secure insurance coverage
acceptable to the City and furnish to the City an accompanying certificate of insurance issued by a
company authorized to do business in the State of Montana 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 damagelbodily injury; $2,000,000
annual aggregate
• Professional Liability- $1,000,000 per claim; $2,000,000 annual aggregate
PROFESSIONAL SERVICES AGREEMENT
Allied Engineering for Water Modeling of Bozeman Creek
Page 3 of6
The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional
or named insured on a primary non-contributory basis on both the Commercial General and
Automobile Liability policies. The insurance and required endorsements must be in a form suitable
to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The
City must approve all insurance coverage and endorsements prior to the Consultant commencing
work.
8. Professional Service: Consultant agrees that all services and work performed
hereunder will be accomplished in a professional manner. For work conducted by a licensed
professional engineer, the Consultant shall place his endorsement on all drawings and other data
furnished by it.
9. Compliance with Laws: Consultant agrees to comply with all federal, state and
local laws, ordinances,rules and regulations, including the safety rules, codes, and provisions of the
Montana Safety Act in Title 50, Chapter 71, MCA. Consultant agrees to purchase a City business
license.
10. Nondiscrimination: The Consultant will have a policy to provide equal employment
opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations,
and contracts. The Consultant 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 Consultant 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. The Consultant shall require these nondiscrimination terms of its sub-consultants
providing services under this agreement.
11. Default and Termination: The sole right is hereby reserved to the City to terminate
this Agreement for any and all causes or for its convenience at any time upon fifteen (15) days
written notice to the Consultant.
if termination for default is effected by the City, 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 Consultant at the time of
termination may be adjusted to cover any additional casts to the City because of the Consultant's
default. If termination for convenience is effected by the City, the equitable adjustment shall
include a reasonable profit, as determined by City, for services or other work performed. The
equitable adjustment for any termination shall provide for payment to the Consultant for services
rendered and expenses incurred prior to the termination, in addition to termination settlement costs
reasonably incurred by the Consultant relating to commitments which had become firm prior to the
termination.
PROFESSIONAL SERVICES AGREEMENT
Allied Engineering for Water Modeling of Bozeman Creek
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Upon receipt of a termination action under this section, the Consultant shall (1) promptly
discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise
make available to the City within ten (14) days copies of all data, design drawings, specifications,
reports, estimates, summaries and such other information and materials as may have been
accumulated by the Consultant in performing this Agreement, whether completed or in process.
In the event this Agreement is terminated prior to completion, the original copies of the
Consultant's data, recommendations, plans, specifications, analysis and other related documents
prepared by the Consultant prior to said termination shall be delivered to and become the property
of the City.
Upon termination, the City may take over the work and may award another party an Agreement to
complete the work under this Agreement.
City's right to terminate is in addition to any other remedies City may have under the law.
The above remedies are cumulative and not exclusive. Use of one remedy does not preclude use of
the others. Notices shall be provided in writing and hand-delivered or mailed to the parties at the
addresses set forth in the first paragraph of this Agreement.
12. _Modification and Assignability; This document contains the entire agreement
between the parties and no statements, promises or inducements made by either party or agents of
either party, which are not contained in this written Agreement, may be considered valid or binding.
This Agreement may not be enlarged, modified or altered except by written agreement signed by
both parties hereto. The Consultant'may not subcontract or assign Consultant's rights, including the
right to compensation or duties arising hereunder, without the prior written consent of City. Any
subcontractor or assignee will be bound by all of the terms and conditions of this Agreement.
13. Ownership and Publication of Materials: All reports, information, data, and other
materials prepared by the Consultant pursuant to this Agreement, except those separately identified
in the Scope of Work or in other written agreements between the parties, are owned by the City. No
material produced in whole or in part under this Agreement may be copyrighted or patented in the
United States or in any other country without the prior written approval of the City.
14. Reports/Accountability/Publie Information: Consultant agrees to develop and/or
provide documentation as requested by the City demonstrating Consultant's compliance with the
requirements of the Grant and this Agreement. Consultant 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 Consultant pursuant to this Agreement
and the Grant was used in compliance with this Agreement and all applicable provisions of federal,
state, and local law. The Consultant shall not issue any statements, releases or information for
public dissemination without prior approval of the City.
PROFESSIONAL SERVICES AGREEMENT
Allied Engineering for Water Modeling or Bozeman Creek
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15. Liaison: City's designated liaison with Consultant is Ron Dingman and
Consultant's designated liaison with City is Paul Sanford, P.E.
16. Applicability: This Agreement and any extensions hereof shall be governed and
construed in accordance with the laws of the State of Montana.
17. Non-Waiver: A waiver by either party any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party's right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent
default or breach.
18. Attorney's Fees and Costs: That in the event it becomes necessary for either Party
of this Agreement 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
to include City Attorney.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONT A�
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BY
Chris Kukulski, C anager :, • ' = CONSULTANT
Print Name:
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ATTEST: l�l � % �ayit�ee�r",gp !tr�i ' r�C•
By:
City Clerk
41
AP=Sivan, O FORM:
By
ity A ttorney
PROFESSIONAL SERVICES AGREEMENT
Allied Engineering for Water Modeling of Bozeman Creek
Page 6 of 6
Page 1 of 3
ATTACHMENT A: SCOPE of WORK
Overview
The scope of work includes a cross-sectional survey of the stream channel and development of an
Existing Conditions HEC-RAS Model to portray inundation and flow characteristics for Bozeman
Creek from Mendenhall Street to Peach Street in Bozeman, MT. Cross-section data for the overbank
area will be obtained from a LiDAR data set the CONSULTANT obtained from the City of
Bozeman. The CONSULTANT will perform survey and HEC-RAS analysis sufficient in character
and detail to accurately portray existing channel and floodplain conditions and inundation and flow
characteristics for a range of flows from base flow up to 100-year flood flow. Survey and HEC-RAS
development will be sufficient in detail and format such that it can be transferred to a variety of other
entities and organizations for modeling the probable inundation and hydraulic impacts of future
alternatives to modify Bozeman Creek. The scope of work also includes development of a Proposed
Conditions Hydraulic model for two short reaches of Bozeman Creek
Survey;
The CONSULTANT will conduct a field survey of the creek channel, including all culvert/bridge
openings and other constraints or flow obstructions to the stream and associated infrastructure.
Survey data collected in the field and from the available LiDAR data will be sufficient in detail to
model flows and conduct sediment transport analysis within the active channel and across the
floodplain,to the extent of the 100-year flood inundation. Survey data will be collected and archived
in a format that can be readily input to a HEC-RAS model,using NAVD88 vertical datum and the
Montana State Plan,NAD83, International Feet horizontal datum. Survey detail will include a
minimum of all crossings (culverts or bridges) and 2-5 cross-sections between each stream crossing,
characterization of crossings and characterization of roughness across sections for input to HEC-
RAS. Characterization of roughness will be partitioned into floodplain and channel segments.
The CONSULTANT will obtain permission as necessary from property owners to access the creek
and floodplain
Existing Conditions Model.
The CONSULTANT will develop a HEC-RAS model (Version 4.1)that characterizes water surface
elevations, flood extent, and velocities over a range of flows, including base or low flow,a bankfuIl
surrogate,the 10-year, 50-year and 100-year flows. Field data may be supplemented by any reliable
existing information. The HEC-RAS model will be used by the Bozeman Creek Enhancement
Committee (BCEC), its CONSULTANTS, and other entities conducting analyses or design,to
evaluate the merits, constraints and potential impacts of reach-scale and site-scale projects proposed
for the modeled reach of Bozeman Creek. The model must be developed with adequate survey detail
and model resolution to interpret potential benefits and impacts with any proposed channel
modifications or modifications to existing crossings or infrastructure within the limits of the 100-year
floodplain(both modeled and FEMA flood map,to the greater extent)
Proposed Conditions model;
The CONSULTANT will develop a Proposed Conditions Hydraulic Model for two sections of
Bozeman Creek in order to evaluate the effect of proposed channel and floodplain changes to
Scope of Work for Hydraulic Modeling of Bozeman Creek: Allied Engineering
Page 2 of 3
base flood elevations. The first model will be developed for the creek through Bogert Park.
The CONSULTANT will provide the Bozeman Creek Enhancement Committee(BCEC) with
pdf format scaled cross-sections from the Existing Conditions Hydraulic Model in the Bogert
Park Area. The BCEC will sketch the conceptual proposed cross-section geometry on these
cross-sections, and provide the drawings to the CONSULTANT. The CONSULTANT will
develop the Proposed Conditions Hydraulic Model by modifying the Existing Conditions
Hydraulic Model to reflect the conceptual cross-sections. Since the contemplated proposed
channel alignment of the Bogert Park project does not significantly alter the existing stream
length, the Proposed Conditions Hydraulic Model will utilize the same reach lengths as the
Existing Conditions Hydraulic Model. The Engineer will compare the Base Flood Elevation
(BFE or 100-year water surface elevation) from the two models for the cross-sections from Olive
Street to Story Street. The one-percent annual chance discharge(or 100-year peak discharge)
from the 2011 FEMA Flood Insurance Study will be the discharge utilized for the BFE
comparison.
The second model will be developed to reflect conceptual enhancements to Bozeman Creek at
Creekside Park and the City Hail property located south of East Lamme Street. The BCEC will
provide the CONSULTANT with a conceptual proposed alignment for Bozeman Creek and a
conceptual cross-section. The CONSULTANT will create a Proposed Conditions Hydraulic
Model by modifying the Existing Conditions Hydraulic Model to reflect the conceptual proposed
alignment and cross-section. The CONSULTANT will also include an improved hydraulic
structure at the East Lamme Street crossing in the model. The improved hydraulic structure will
provide more conveyance capacity at the street crossing. The CONSULTANT will compare the
Base Flood Elevation from the two models for the cross-sections from East Lamme Street to East
Mendenhall Street. The one-percent annual chance discharge from the 2011 FEMA Flood
Insurance Study will be the discharge utilized for the BFE comparison.
Required Deliverables:
1. Survey Data: Digital format copy of all corrected survey data in a format adequate to readily
input to a HEC-RAS, using NAVD88 vertical datum.
2. Site Reconnaissance Data: Digital format copy of all photos, notes and assumptions to
support interpretation and transfer of survey data into a HEC-RAS hydraulic model.
3. HEC-RAS Files: Digital format copy of all HEC-RAS input and output files in a format
adequate to input to HEC-RAS Version 4.1 and in format that is transferrable to any user with
HEC-RAS 4.1 software for further analysis and manipulation including:
a. Parent HEC-RAS files
b. GeoRAS geometry input file
c. HEC-RAS generated report
d. HEC-RAS generated GIS export file
4. Proposed Conditions modeling: Output from HEC-RAS in pdf format. Output to include a
profile, cross-sections and tables for each of the two sites.
5. Draft Project Report: Digital format and hard copy stand-alone report of survey and
Scope of Work for Hydraulic Modeling of Bozeman Creek: Allied Engineering
Page 3 of 3
modeling methods, procedures and assumptions. In January 2012, CONSULTANT submitted to
the GLWQD a report documenting a companion hydraulic modeling project for the reach of
Bozeman Creek from Story Street to Mendenhall Street. The draft report for this current project
to model Mendenhall to Peach Street will be created by amending this earlier report to include
the reach from Mendenhall to Peach. The draft report will address the Existing Conditions
Model only, and is to be submitted for review and comment by City and BCEC staff.
6, Final Project Report: Digital format copy and hard copy addressing any City/BCEC
comments.
Timeline
March 30, 2012 - Submit draft report and all associated deliverables to City of Bozeman
April 27, 2012 - Submit final report and all associated deliverables to City of Bozeman
Scope of Work for Hydraulic Modeling of Bozeman Creek: Allied Engineering