E2. Recommend Consultant and Contract - PFAS ResponseCITYOF
KALISPELL
TO: Doug Russell, City Manager
FROM: Susie Turner, P.E., Public Works Director
SUBJECT: Water System's Response to Emerging Contaminant PFAS: Professional Services
for Water Source Replacements and/or Treatment Alternatives Project
Recommendation and Contract Approval
MEETING DATE: May 6, 2024
BACKGROUND: Recent testing of the City of Kalispell's Public Water Supply identified the
presence of Per- and Polyfluoroalkyl (PFAS) compounds in four of Kalispell's groundwater
source wells that serve the Public Water Supply. The City of Kalispell anticipates performing
preliminary engineering evaluations and completing projects to address the PFAS chemicals
found in the water supply.
The City is seeking professional services to address the detection of PFAS in its wells through
evaluation, planning, design, and construction projects. Mitigation strategies for the
contamination sources may vary, necessitating professional support for the City's response
efforts. To this end, the City issued a Request for Statements of Qualification from professional
firms and received one submission. The Selection Committee has carefully reviewed this
submission and corresponding references to confirm that the qualifications of the firm meet the
advertised requirements.
REQUIRED SERVICES: The consultants will generally be tasked to support the following:
1. Assist with funding procurement and provide administrative support.
2. Conduct preliminary engineering and suggest alternatives to mitigate PFAS exposure in
the Public Water Supply.
3. Perform detailed engineering analyses, including technical and economic assessments, to
optimize selected water system improvements.
4. Identify and acquire necessary land for facility improvements.
5. Handle all permitting and compliance with public and private agency requirements.
6. Manage the procurement of water rights, including well drilling, development, and
documentation.
7. Create engineering designs, drawings, specifications, DEQ submissions, and construction
bid documents.
8. Oversee the construction bidding process, including document preparation, bid review,
and contractor selection.
9. Provide construction management and oversight.
10. Participate in City Council workshops and public meetings.
Public Works Department, 201 1st Ave E, Kalispell, MT
www.Kalispell.com
CITYOF
KALISPELL
RECOMMENDATION: Staff is recommending Robert Peccia & Associates (RPA) be awarded
the contract based on their qualifications and the collective sub -consultant team which includes
technical expertise, experience, and knowledge of the following:
• Kalispell's water system • Well design and construction
• Project management • Water rights and local hydrogeology
• PFAS treatment and mitigation
ACTION REQUESTED: Motion to select Robert Peccia & Associates (RPA) as the lead
Professional Consultant for the Water System's response to the detection of the emerging
contaminant PFAS and allow the City Manager to execute the professional service contract.
FISCAL EFFECTS: Funding for the professional and construction expenses of this project will
come from the following:
1. Two Renewable Resource Planning Grants for $40,000 each
2. City Water Fund $20,000 (match for planning grants)
3. One Renewable Resource Monitoring Grant for $15,000
4. Emerging Contaminated State Revolving Fund (SRF), which includes both a forgivable
loan and a grant managed by DNRC and DEQ for a total of $10,882,495. The cost
estimate is based on engineering services and construcion of two new well sources. The
project and costs may vary and are dependent on the preliminary engineering review and
selected alternative to mitigate the presence of PFAS.
The City has submitted the application for the grant funding and is working with the State on the
process to receive the funding. The funding of professional service contract and amounts are
contingent upon the City securing the forgivable loan and grant funding.
ALTERNATIVES: As suggested by the City Council.
ENCLOSURE: Professional Service Contract
Public Works Department, 201 1st Ave E, Kalispell, MT
www.Kalispell.com
PROFESSIONAL SERVICES AGREEMENT
Response To Emerging Contaminant PFAS: Professional Services for Water Source Replacements
and/or Treatment Alternatives
THIS AGREEMENT is made and entered into this day of , 2024, by and
between the CITY OF KALISPELL, MONTANA, a municipal corporation organized and
existing under the laws of the State of Montana, 201 First Avenue East, Kalispell, Montana
59901, hereinafter referred to as "City," and Robert Peccia & Associates, Inc., 3147 Saddle
Drive, Helena, MT 59601, 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: City agrees to hire Consultant as an independent contractor to perform
for City services as described in individual Task Orders. In general, the services to be provided
included engineering analysis, design, funding support, and construction administration to support
the City's response to mitigate the presence of Per- and Polyfluoroalkyl (PFASs) compounds in
the water supply. The services to be provided and the compensation for such services, shall be as
mutually agreed to in separate Task Orders to this Agreement, executed by both parties.
2. Effective Date: This Agreement is effective upon the date of its execution.
3. Scope of Work: The following Task Orders and anticipated values are shown
below. These Task Orders will be developed as part of this project, with the final scope and fee to
be determined as the scope of work for each element becomes clear.
TASK ORDER#
DESCRIPTION
ANTICIPATED VALUE
1
Preliminary Engineering Report - Upper Pressure Zone
$60,000.00
2
Preliminary Engineering Report - Lower Pressure Zone
$60,000.00
3
Temporary Treatment Support
$15,000.00
4
Public Outreach
$25,000.00
5
Funding Support
$32,000.00
6
Land Acquisition
$30,000.00
7
Well Design, Water Rights, and Drilling Oversight
$230,000.00
8
Engineering Design and Geotechnical Report
$800,000.00
9
Bid Phase Services
$40,000.00
10
Construction Phase Services
$550,000.00
11
SCADA Integration
$125,000.00
12
Post Construction Phase Services
$50,000.00
TOTAL CEILING
$2,017,000.00
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The Engineer will not begin work on any task until there is an authorization to proceed on work
elements under this Agreement including the scope, cost, and time for completion in the form of
an executed Task Order.
4. Payment: City agrees to pay Consultant pursuant to the terms set forth in each
executed Task Order. Any alteration or deviation from the described work that 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 upon any extra charges in
writing.
5. 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'
compensation insurance in the State of Montana; or (2) proof of exemption from workers'
compensation granted by law for independent contractors.
6. Indemnity and Insurance: For the professional services contracted and 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.
For this purpose, Consultant shall provide City with proof of Consultant's liability
insurance issued by a reliable company or companies for personal injury and property damage 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; $2,000,000 annual
aggregate
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate
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The City shall be included or named as an additional or named insured on the Commercial
General and Automobile Liability policies. The insurance must be in a form suitable to City.
7. Professional Service: Consultant agrees that all services and work performed
hereunder will be accomplished in a professional manner.
8. 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.
9. Nondiscrimination: Consultant agrees that all hiring by Consultant of persons
performing this Agreement will be on the basis of merit and qualification and will not discriminate
on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or
mental disability, or national origin.
10. Default and Termination: If either party fails to comply with any condition of
this Agreement at the time or in the manner provided for, the other party, at its option, may
terminate this Agreement and be released from all obligations if the default is not cured within ten
(10) days after written notice is provided to the defaulting party. Said notice shall set forth the
items to be cured. Additionally, the non -defaulting parry may bring suit for damages, specific
performance, and any other remedy provided by law. These 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.
11. 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.
12. Ownership and Publication of Materials: All reports, information, data, and
other materials prepared by the Consultant pursuant to this Agreement are the property of the City.
The City has the exclusive and unrestricted authority to release, publish or otherwise use, in whole
or part, information relating thereto. Any re -use without written verification or adaptation by the
Consultant for the specific purpose intended will be at the City's sole risk and without liability or
legal exposure to the Consultant. 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.
13. Liaison: City's designated liaison with Consultant is Susie Turner at 201 First
Avenue West, Kalispell, MT 59901 and Consultant's designated liaison with City is Brad Koenig
at 3147 Saddle Drive, Helena, MT 59601.
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14. Applicability: This Agreement and any extensions hereof shall be governed and
construed in accordance with the laws of the State of Montana.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF KALISPELL, MONTANA
By
Doug Russell, City Manager
APPROVED AS TO FORM
By
Johnna Preble, City Attorney
Robert Peccia & Associates, Inc.
By
Craig J nn kens, PE, President
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