E2. Recommend Consultant and Contract - Biosolid Treatment-DisposalKALISPELL
TO: Doug Russell, City Manager
FROM: Susie Turner, P.E., Public Works Director
SUBJECT: Kalispell Wastewater Treatment Plant (WWTP) Biosolids Treatment -Disposal
Project Recommendation and Contract Approval
MEETING DATE: August 5, 2024
BACKGROUND: The City is seeking professional support to conduct an alternative review for
biosolid handling, treatment, and disposal. Additionally, the City requires design and
construction management services to complete the project. An expedited schedule is an
important part of this project as Glacier Gold may be unable to accept the City's biosolids within
the next two years. To this end, the City issued a Request for Statements of Qualifications from
professional firms and received three submissions. The Selection Committee has carefully
reviewed the submissions and corresponding references to confirm that the qualifications of the
firms meet the advertised requirements.
REQUIRED SERVICES: The consultants will generally be tasked to support the following:
1. Location Study, Site Survey and Geotechnical Report
2. Funding Procurement - support and assist with funding procurement and provide
administrative support for loan programs
3. Preliminary Engineering Report - perform detailed engineering analyses, including
technical and economic assessments, to optimize selected biosolids disposal system
improvements
4. Permitting (Air, Building, Land Application) - handle all permitting and compliance with
public and private agency requirements
5. Equipment Pre -Procurement
6. Engineering Design - create engineering designs, drawings, specifications, DEQ
submissions, and construction bid documents
7. CM/GC Procurement and/or Bid Services
8. Public/Landowner Outreach - participate in City Council workshops and public meetings
9. Construction Phase Services - oversee the construction bidding process, including
document preparation, bid review, and contractor selection and provide construction
management and oversight.
10. I&C/SCADA Integration and Startup
11. Post -Construction Phase Services
Public Works Department, 201 1st Ave E, Kalispell, MT
www.Kalispell.com
KALISPELL
RECOMMENDATION: Staff is recommending Advanced Engineering and Environmental
Services be awarded the contract based on their qualifications, technical expertise, design
experience, and knowledge of the following:
Project management • Biosolids disposal design and
Wastewater Sludge Dewatering construction projects
PFAS treatment and mitigation • Alternate bid experience
ACTION REQUESTED: Motion to select Advanced Engineering and Environmental Services
as the Professional Consultant for the Kalispell Wastewater Treatment Plant (WWTP) Biosolids
Treatment -Disposal Project 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. Kalispell WWTP 930-line item - $1,000,000 for consultant. An additional $800,000 is
recommended to be added to the line item for the consultant fee for the final FY 25
Budget.
2. State Revolving Fund Loan - $8,500,000 for construction and consultant. Construction
amounts may change depending on final project selection.
ALTERNATIVES: As suggested by the City Council.
ENCLOSURE: Professional Service Agreement
Public Works Department, 201 1st Ave E, Kalispell, MT
www.Kalispell.com
PROFESSIONAL SERVICES AGREEMENT
Professional Services for Kalispell Wastewater Treatment Plant (WWTP)
Biosolids Treatment -Disposal Project.
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 Advanced Engineering and Environmental Services, LLC,
4050 Garden View Drive, Ste 200, Grand Forks, ND 58201, 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
services for the City as described in individual Task Orders. In general, the services to be provided
include engineering analysis, design, funding support, instrumentation and control SCADA
programming and construction administration to support upgrades to the City's Wastewater
Treatment Facility biosolids treatment and disposal process. 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. This Agreement only estimates the first four tasks of the
project, as subsequent task estimates depend on the ultimate project selected for implementation.
Those subsequent task orders will be presented as amendments to this Agreement upon delivery
of the Preliminary Engineering Report.
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
VAL UE
1
Location Study, Site Survey and Geotechnical Report
$60,000
2
Funding Procurement Support
$35,000
3
Preliminary Engineering Report
$150,000
4
Permitting (Air, Building, Land Application)
$50,000
5
Equipment Pre -Procurement
TBD
6
Engineering Design
TBD
7
CM/GC Procurement and/or Bid Services
TBD
8
Public/Landowner Outreach
TBD
9
Construction Phase Services
TBD
10
I&C/SCADA Integration and Startup
TBD
11
Post -Construction Phase Services
TBD
Total Ceiling $295,000
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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
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.
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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 party 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 Scott Buecker
at address, 1288 North 14a' Avenue, Unit 103, Bozeman, MT 59715.
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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 Advanced Engineering and
Environmental Services, LLC
By
Doug Russell, City Manager
APPROVED AS TO FORM
By--
Johnna Preble, City Attorney
$gran R redlife
By Brian R. Bergantine (Jul 30, 02416:10 CDT)
Brian Bergantine, Project Quality Director
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