2. Approve Professional Services Agreement - AWWTP Primary Digester Repair & Lid Replacement Project1111iluir
T
Charles A. Harball Office of City Attorney
City Attorney 201 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
TO: Mayor Tammi Fisher
and Kalispell City Council
FROM: Charles Harball, City Attorney
Tel 406.758.7709
Fax 406.758.7771
charball@kalispell.com
SUBJECT: Approval of Contract for Professional Services for the AWWTP
Primary Digester Repair and Lid Replacement Project
MEETING DATE: January 9, 2012 — Regular Council Meeting
BACKGROUND: The Council has previously approved the selection of HDR
Consultants as the engineering professionals to assist the City on the AWWTP Primary
Digester Repair and Lid Replacement Project. This selection was based upon a
competitive request for qualifications. The city staff has now met with the project team
of HDR Consultants and negotiated a professional services agreement. The agreement is
attached hereto and fully sets forth the scope and schedule of services to be provided as
well as the project costs. Staff believes that the costs are fair and consistent with the
current costs experienced within the industry.
RECOMMENDATION: That City Council approve the contract between the City and
HDR Consultants.
FISCAL IMIPACTS: Based upon the determination that the repair and lid replacement
is necessary, the fiscal impacts of the project are contained within the contract document.
Respectfully submitted,
Charles ita-'rb aL'll, City Attorney
THIS AGREEMENT is made and entered into this day of January, 2012, 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 HDR Engineering, Inc., 1715 South Reserve St, Suite C,
Missoula, MT 59801-4708, 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 described in the Scope of Services attached hereto as Exhibit "A" and by this
reference made a part hereof.
2. .Effective Date: This Agreement is effective upon the date of its execution.
3. Scope of Work: Consultant will perform the work and provide the services in
accordance with the requirements of the Scope of Services.
4. Payment: City agrees to pay Consultant pursuant to the terms set forth in Exhibit
"B" for services performed as described in the Scope of Services. 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.
Professional Services Agreement
6. Indemnity and 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, to the extent
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.
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 darriage/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.
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.
Professional Services Agreement
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 Craig T.
Caprara at 1715 South Reserve St, Suite C, Missoula, MT 59801-4708.
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.
By By
-
Charles A. Harball, Interim City Manager Name:
31 Professional Services Agreement
Title
B
Charles A. Harball, City Attorney
Professional Services Agreement
41
Exhibit "A"
City of Kalispell, Montana
AWWTP Primary Digester Repair and Lid Replacement Project
Scope of Services
100
Project Management
200
Digester Inspection and Forensic Analysis
300
Alternatives Evaluation
400
Preliminary Design Report
500
Design Services
600
Bidding Services
700
Construction Administration
800
Project Start-Up/O&M Training
Project Objective:
The objective of this work effort is to inspect and evaluate the existing Primary Digester structural and
mechanical components and provide the City of Kalispell with an alternatives evaluation;
recommendations for rehabilitation, repair and replacement and; final design. Construction phase
services will be negotiated after completion of the final design.
Task 100. Pi-oject Management
HDR will manage and control its professional services contract to provide efficient completion of the
project. Under this task, we 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.
Subtoslis:
101 Project Coordination Meetings. Immediately following the notice to proceed, key HDR project
team staff will meet with key staff from the City to establish project goals and objectives, review
the project decision process, define anticipated work products, identify information needed to
perform the work, refine the schedule and establish points of contact and project communication.
Members of the project team will be introduced. The scope and schedule of the project will be
reviewed.
HDR will conduct regular meetings with City of Kalispell staff to review project progress,
schedule and budget; identify information needs, and make decisions regarding any changes in the
scope of the digester analysis, design and construction management efforts. Meetings will be held
on a monthly basis.
102 Project Management Plan. A project management plan will be developed that includes: 1) project
objectives and priorities; 2) role of the City of Kalispell and HDR throughout the project; 3)
contract work plan including scope, schedule, budget, resource assignments, and coordination
requirements; 4) quality assurance and quality control plan; 5) management tools and techniques;
6) reporting requirements; and 7) administrative procedures such as invoicing, communication
protocol, and formats. The plan will be distributed to consulting team members and City
5 Professional Services Agreement
personnel.
103 Monitoring. A progress report will be prepared with each monthly invoice. The progress report
will summarize the work progress to date, the budget expenditures to date, and identify any
information requirements or decisions that need to be made by the City of Kalispell.
104 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.
Del v er b!e .
® Project Management Plan.
® Memoranda and meeting notes as required.
® Project progress reports, budget report, and invoices.
® Participate in telephone calls and meetings.
® Participate in project meetings.
® Review project status reports and approve invoices.
® Review and approve modifications to approach, schedule and deliverables as appropriate.
® Report to City management as appropriate.
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201 Digester Inspection and Condition Assessment. The City will coordinate and schedule removal of
the Primary Digester from service including removing the contents and cleaning the interior. HDR
will perform an initial inspection of the interior and exterior of the digester and evaluate the
condition of the interior coatings, metal components, and structural concrete. HDR will be
responsible to supply equipment necessary to perform inspection and evaluation.
A condition assessment report will be completed and submitted to the City for review.
Recommendation for additional forensic analysis will be included.
202 Forensic Analysis. Depending on the initial condition assessment, HDR will identify any
additional forensic analysis that may be necessary. Forensic analysis may include core sampling
and testing of structural concrete, coupon testing of metal samples, and holiday testing of coatings.
The cost of additional forensic analysis is not included in the budget of this contract and, if
required, will be added by amendment to this contract or performed separately by the City.
Deljver bless
® Condition assessment report.
® Forensic analysis as requested by the City.
Removal of digester contents and digester cleaning.
® Review and comment on condition assessment report.
® Provide direction on additional forensic analysis.
Professional Services Agreement
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301 Alternatives Evaluation. HDR will utilize the results of the digester inspection and forensic analysis
(if any) to develop alternatives for rehabilitation or replacement of the digester lid and mixing
equipment. Alternatives to be evaluated will include but not be limited to the following:
® Demolition of the existing digester lid and replacement with a new concrete lid with
top entry mixing equipment.
® Demolition of the existing digester lid and replacement with a new steel lid and
pumped or gas mixing.
® Demolition of the existing digester lid and replacement with an aluminum or steel
lid and top entry mixer.
® Sealing and coating of the existing digester lid and replacement of mixing
equipment with new pumped or gas mixing.
The alternatives evaluation will include a summary of the advantages and disadvantages of each
alternative and a 20-year present worth cost analysis.
Deiiv. -abNzs,,
® Alternatives evaluation report.
City
® Review and comment on alternatives evaluation report.
® Provide direction with regard to a preferred alternative.
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adva (:ed Is, < pry desiain h,svel p rkar,.o core:€nn n ci ng vv,' the f in al design : ash' . _ u ea.l.
jefi e wh ki t 'De included in final design, HDR wiH preP2re a pse—design report that .ra,H'
`:_ude the gar:=owing topics: Digester lid re?"8abii cL:o /-apiacEr.en-�mixing; gar handling;
coati ;gsz eiiec ncal and controls; geotte.hnica-i (if necessary); )f irri er"nian ,ig liar an, d'
srhe€c€. e; and estimates- of probable construcUor, cast.
Deli ale ?`p Liles:
® Preliminary design report.
® Review and comment on preliminary design report.
TI-11professional Services Agreement
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d-.nal ice.t- i r desi: n nnodeis _e.£�....s. . be extracted' nto a_.o d-.mnensiorias.pitan ra,.t gs
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_.tabofle subi hvtaP to OD roa te4'.'e';F> G.« a=..,.c.. al and ,i r .-e h-, 's.�.<dii€€�€V '��.«.... s. ran e„,c..
~~..o d`ca4 ons_ €nstitutt The ..-e u e -corr , >r.:.s _ azol:d the Ci s v:i .eet'ing =U
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The project specifications will be prepared using HDR's standard master specifications,
Engineer's Joint Council General Conditions and other Contract Documents. The Engineer's Joint
Council General Conditions are consistent with the Montana State Standards for Public Works
Facilities. The HDR master specifications utilize the sixteen division format of the Construction
Specification Institute.
A preliminary table of contents for the construction document specifications and a preliminary
Drawing list are provided in Appendix A.
Final plan and specifications will be prepared in accordance with Montana Department of
Environmental Quality guidelines and will meet the requirements for Circular DEQ-2.
Revie'v s` fia z- .-` sign evje,,,.r wr.F kd r.....`uctc—s aii the , si percent. ara 915 p, rt €,:.,.
es gr, points, tts, At these 11-ime , HDR t-.t€� present t. e desi-En c`d scek input , r d ro.<<..ients, iro
Vhe C'€t,' staff, A =mt e.,"4i, €"ank6u€ i e .k< be prepared vvhlch surnf, arizes 2H c€.; nmi t t"_ and Provides
In addition, design focus meetings will be held periodically throughout the design process to
address specific design or operational issues. These meetings will be less formal and may involve
fewer people. The goal of these meetings is to resolve potential obstacles, gain consensus on
decisions and keep the project moving forward.
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percent, and 70 percent d si ti points eand ME'! s€.b. a .:€y2i es:.,r'€ ate of the anfl epate
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tv,A-h , rint -ead t originals and a i ele tr-on.,ti €He of .he €� cjecd s�aeci ir:c�tPc,siS and d�"a,fh, �S . ,ems
Deliverables:
® Drawings, specifications and cost estimate submittals at 30%, 70% and final design
(95%) stages; memorandum summarizing comments and responses; and final Bid
and Contract Documents.
10
Professional Services Agreement
Participate in design reviews.
® Review and comment on plans and specifications.
® Print and distribute Bid and Contract Documents to interested bidders.
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Deliverables:
Recommended bid advertisement, print -ready specifications and drawings,
addenda, bid tabulation, recommendation of award, and pre -bid conference
meeting minutes.
® Advertise project for bid.
® Distribute Bid and Contract Documents including addenda to interested bidders.
® Attend pre -bid conference.
® Administer bid opening.
The level of effort for construction administration and project start-up and operations & maintenance
services will be based on the selected alternative for rehabilitation or replacement of the digester lid
and mixing equipment. The following scope is provided as the basis for future tasks to implement the
selected digester improvement alternative. This scope of work and the associated budget for these tasks
will be finalized once the conditions assessment, alternatives evaluation, preliminary design and final
design are complete and the City has selected an alternative.
Professional Services Agreement
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and", aIuaH-"-V anid -.0 'n-'.ake ;-a-, on. acceptability aft ',,,-he vaodk, HDR -vAffl con-irpiet-C
HDR will provide a written monthly report summarizing the status of construction on site. The
report will include work completed to date, upcoming events, and budget.
HDR will conduct formal bi-weekly construction meetings with the contractor and City. The
meetings will discuss project issues, progress, submittal requirements and issues, and other
necessary items for completion of the construction project. HDR will provide a meeting agenda
and will complete meeting minutes for recording construction activities.
HDR will review and comment on shop drawings, O&M manuals, equipment diagrams, material
samples, test results and other data the contractor submits. HDR places special emphasis on this
task to ensure that products are provided as specified or shown on the drawings. HDR will furnish
the City with two sets of shop drawing records for their files. A shop drawing log will be
maintained documenting the schedule and status of shop drawings.
HDR will respond to Contractor requests for information (RFI's) and maintain a log and written
documentation of responses.
HDR will review monthly progress payment requests, submit payment recommendations and
prepare change orders. HDR will review and verify certified payrolls by the Contractor on at least
a monthly basis. A monthly report will be prepared. A log of change proposal requests and
change orders will be maintained, and a copy provided to the City.
HDR will assist the Contractor in coordinating construction activities with operation of the
existing plant to ensure that discharge requirements are met throughout the construction period
and to ensure that the needs of the operating staff are met.
HDR will conduct interim inspections to verify contractor payment requests and to provide a
deficiency list to the contractor for work completion.
Professional Services Agreement
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s o. .se; .., _ .__C"ds. HDR`3_ t: :c;,e: kh ;.. hE <..a.. =€r Lc. on, Conta .: c.'z.v .. S'"., ,.,
Ecor = of the prof ct cftcvJ age.. foc rec- rdi . ct. ti?stru..cion , t'co : ia-d n, Progress gress , menal
-ro c-sing vv'" be nes .t....t ed v. `or, the Status Of he Ccs.'_.�Cto s record dra'vvings. z;_ ,i,. ,;H
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HDR will provide geotechnical and concrete testing services through a qualified subconsultant
throughout construction. The type and frequency of tests will be specified in the contract
documents by HDR. HDR will review testing reports and make recommendations to the City as to
the acceptability of the work.
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representatives of ,he C'Hry rid -nn. edema and _ale agenfcies haoving [Erts.,.<icti€ n a nd, su�,_�:�<
report re cc,nim ,C.`€';d, g £=na!-ctideime n of he con. rac,E., eD.. e ( p€...-vide a d€:.d—r,
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HDR will provide the City with a list of construction deficiencies, inspection of the correction of
these deficiencies, review final payment application make recommendation to the City for final
payment and give written notice to the City and Contractor that work is acceptable and complete.
fy y r -ab—'es.
• Pre -construction Conference meeting minutes.
• Submittal review comment letters responding to contractors submittals.
• Construction meeting minutes.
• Field logs including daily reports.
• Responses to requests for information.
• Response to contract change proposals.
• Contract change orders.
• Deficiency punch lists.
• Final recommendation for payment and contract closeout.
• Record drawings.
City Tn-voivernent,
• Participate in pre -construction conference.
• Remove digester contents and clean digester.
• Participate in construction meetings.
• Coordinate plant operations with HDR and general contractor.
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rofessional Services Agreement
f
801 Project Start up. A start-up and training program will be submitted to the City three weeks in
advance of critical activities. HDR will utilize an in-house operations specialist to develop any
required training program consistent with the City's needs and in conformance with the
requirements of the Montana Department of Environmental Quality. After review and comment by
the City, the program will be initiated by HDR engineers. HDR will work with the City to make
appropriate adjustments to the program to best match City needs. A four hour classroom training
session on project process design, control, and operation will be conducted with City operations
staff. This will be in addition to specific equipment training to be provided by the General
Contractor and equipment manufacturers.
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Deliverables:
® Start-up and training program materials.
® Classroom training.
® Operations and Maintenance Manual.
® _ Participate in training sessions.
® Review and comment on O&M Manual.
TPro
fessional Services Agreement
Exhibit B - City of Kalispell AV ffP Primary Digester Repair and Lid Replacement Project
Enelneedne Staff Hour Estimate
Personnel] Project Manager lPIC/SeniorEngineer l Senior Engineer I Senior Project Engineer I Project Engineer I Senior Structural I Structural I Senior Electrical 1 Accounting I Admin I CADDTech 1 1 ota1 1ProiectManagerlPIC/Se niorEngineerlProiectEngineerl Elect Engineer I CADD Tech 1 RPR I Clerical 1 Tcta€ I
Z03e JQU..4ty Contro C 32 -- --i E 8...---2
ftur€=doh .stal 53 70 a 0 G I 4 0 i rJ
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Enginering Services Agreement - Exhibit B
Page 1 Budget_12-17 11.xlsx