4. Approve Contract - Environmental Professional - Brownfields GrantsCity of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903
Telephone: (406) 758-7701 Fax: (406) 758-7758
MEMORANDUM
To: Doug Russell, City ManagerV,
From: Katharine Thompson; Community Development Manager
Re: EPA Brownfields Qualified Environmental Professional Contract for
Assessment and Revolving Loan Fund Grant projects
Meeting Date: February 19, 2013
BACKGROUND: The City of Kalispell currently has U.S. EPA Brownfields Assessment and
Brownfields Cleanup Revolving Loan Fund (RLF) grants which require a Qualified
Environmental Professional to conduct portions of the grant tasks.
Following the appropriate procurement process, a selection committee has recommended that the
City of Kalispell enter into a contract with the team of Applied Water and CTA Industrial
Hygiene & Environmental to provide the needed services. These services include, but are not
limited to:
• conducting Phase I and/or Phase II environmental site assessments,
• development of site -specific cleanup plans, and
• oversight of Brownfields environmental cleanups as needed.
Attached to this memo please find the proposed contract for services, scope of work and cost of
services. Kalispell's Brownfields Program is managed by the Community Development
Manager in Community and Economic Development.
FISCAL IMPACT: The contract will be funded through the two grant programs and will not
exceed $170,000 over the life of the current grants (Assessment grant period ends September
2013 and RLF grant period ends September 2016).
RECOMMENDATION: City Council approve contract for services with Applied Water and
CTA.
Respectfully submitted,
Katharine Thompson/ -
Community Development Manager
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of February, 2013, 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 APPLIED WATER CONSULTING, LLC, a
Montana limited liability company with business offices at 475 North Main Street, Kalispell, MT
59901, and CTA, INC., a Montana corporation with its primary business office at 13 North 23`d
Street, Billings, MT 59103, collectively referred to as the Qualified Environmental Professional
(QEP) Team and 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 and
will terminate upon the scheduled completion of the Scope of Work.
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 Schedule of Costs
attached hereto as Exhibit `B" and by this reference made a part hereof, for services performed
pursuant to the Scope of Services in an amount not to exceed $170,000. 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.
Professional Services Agreement — Applied Water Consulting/CTA
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 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.
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.
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.
2 Professional Services Agreement — Applied Water Consulting/CTA
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 Roger A. Noble 406-756-
2550; roger@Mliedwater.net and Consultant's designated liaison with City is Katherine
Thompson 406-758-7713; kthoMpson@kalispell.com.
14. Applicability: This Agreement and any extensions hereof shall be governed and
construed in accordance with the laws of the State of Montana.
Professional Services Agreement — Applied Water Consulting/CTA
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
APPLIED WATER CONSULTING, LLC
By
Roger A. Noble, Managing Member
CTA, INC.
By
Name:
Position:
41 Professional Services Agreement — Applied Water Consulting/CTA
Scope of Work
Qualified Environmental Professional
Kalispell Brownfields Assessment and Revolving Loan Fund Projects
Staff at Applied Water and CTA (hereafter referred to as the QEP Team) collectively shall serve
as the Qualified Environmental Professional (QEP) for the City of Kalispell. In this role, the
QEP Team shall complete tasks as directed by the City and as described below.
Assessment Projects:
The QEP Team will be responsible for the following project deliverables utilizing the pre-
existing Environmental Protection Agency (EPA) approved Brownfields Assessment Grant
Workplan:
• Update pre-existing Quality Assurance Project Plan (QAPP) and submit to City and EPA
for approval prior to conducting environmental site assessments;
• Pursue eligibility for sites proposed for Phase I and/or Phase II Environmental Site
Assessments with the appropriate agency;
• Conduct Phase I Environmental Site Assessments compliant with the All Appropriate
Inquiry (AAI) rule utilizing ASTM E1527-05 or subsequent or updated versions that are
deemed to be AAI compliant and conducted with assistance from selected City of
Kalispell staff, as funding allows;
• Draft and Final Phase I Environmental Site Assessment Report(s);
• Draft and Final Sampling and Analysis Plan (SAP) per site as needed with approval
obtained from EPA in advance of sampling;
• Conduct Phase II Environmental Site Assessments (adhering to ASTM standards for
Phase II Assessments, ASTM Designation E1903-97 (2002) or subsequent or updated
versions) in accordance with Health and Safety Plan as determined by Kalispell
Brownfields Program Staff and with input from the Brownfields Steering Committee, as
funding allows;
• Draft and Final Phase 11 Environmental Site Assessment Report(s);
• Support Kalispell Brownfields Program Staff in community outreach and environmental
education consistent with EPA approved Assessment Grant Workplan;
• Provide evaluation criteria and several clean up options, as needed, based on feedback
from the City of Kalispell as Grantee and the community incorporating cleanup goals,
methods, and costs considered acceptable by the City of Kalispell as Grantee, the
community and/or State/Federal regulators; and
• Interpret Montana Department of Environmental Quality (MDEQ) regulations and
consult with MDEQ prior to and following environmental assessments. Pass on any
.agency feedback to City Brownfields Program Staff. Additionally provide guidance to
City and property owner(s) regarding appropriate next steps.
Kalispell Brownfields Program Staff will review all environmental assessment proposals to
determine that program objectives are met before the start of assessment activities.
Exhibit "A" — Page 1
Revolving Loan Fund Proiects:
Sub -grant or Loan Application Environmental Eligibility Review
When a loan or sub -grant application is received from an interested party, the City of Kalispell
Brownfields Program Staff will evaluate whether or not:
• The applicant and site are eligible for EPA funding;
• The applicant is requesting funds for eligible cleanup actions;
• Information provided by the applicant is sufficient to satisfy EPA requirements,
including sufficient community outreach; and
• The application provides sufficient information to develop a loan or sub -grant
agreement per EPA guidance.
When a loan or sub -grant application is received from an interested party, the QEP Team will
evaluate whether or not:
• The proposed remedial action is necessary and appropriate for site closure based on the
extent and severity of the contamination, and
• The proposed process for closing the site is attainable.
Further, the QEP Team will develop an Analysis of Brownfield Cleanup Alternatives (ABCA)
and provide this document to EPA for review and make each ABCA available for community
review and comment prior to selection of cleanup option. Where appropriate the QEP Team will
provide site specific documentation related to the National Historic Preservation Act, the
National Endangered Species Act, and/or others as appropriate.
Where appropriate, the QEP Team will evaluate borrower or sub -grant recipient eligibility for
the Montana Petrofund utilization to remediate the site and in these cases will also evaluate:
• The status of Petrofund payments on the site, and whether the Petrofund co -pay of
$17,500 has been met, and
• The DEQ priority ranking of the petroleum release, which largely determines whether
funds would be "obligated" in a timely fashion to pay for assessment or cleanup on the
site.
Based on the above information, the QEP Team will provide the City a determination of
findings, from which the City Brownfields Program Staff will identify any deficiencies that the
borrower or sub -grantee would need to correct for the loan or sub -grant to be processed.
Loan or Sub -grant Draw Remedial -Action Review
As the loan or sub -grant recipient submits draws to the City, the QEP Team will review the draw
request to ensure that the funding request is for remedial actions consistent with the approved
cleanup plan. Deficiencies, if any, would be identified to the City Brownfields Program Staff.
Exhibit "A" — Page 2
Site Cleanup Plan and Remedial Design Review
When a cleanup plan or supporting documentation is submitted to the City Brownfields Program
Staff in support of a loan or sub -grant application, the QEP Team will review the information to
determine:
1) whether there are data gaps that require additional site assessment; and
2) if the cleanup actions proposed are technically sound and feasible.
As listed above, the QEP Team shall review cleanup plans (including ABCA) and make
judgments as to whether the cleanup plan is sound.
When advising the City Brownfields Program Staff with respect to the soundness of the remedial
design, the QEP Team will evaluate how the proposed remedial actions satisfy specific site
redevelopment goals and objectives, identifying the most appropriate regulatory process to
obtain site closure based on MDEQ and EPA guidance and regulations. The QEP Team will
review the conceptual model of the contamination (nature of contamination sources, pathways,
and human/ecological receptors), and evaluate the capacity of the remedial alternatives to meet
screening levels adopted by MDEQ and EPA. Completing a risk assessment may be
recommended to establish site -specific cleanup levels or to demonstrate that cleanup may not be
necessary depending on the nature of the contaminants and the proposed redevelopment plan.
The QEP Team will assist the City Brownfields Program Staff with environmental compliance
and provide advice on whether the cleanup plan is consistent with regulatory requirements
imposed by the EPA, MDEQ, OSHA, and other regulatory agencies, as appropriate.
Environmental Regulatory Compliance/Cleanup Oversight
During cleanup, the QEP Team will periodically contact the borrower or sub -grantee and their
consultant to ensure cleanup actions are being implemented as indicated in the cleanup plan and
that the project is on schedule. The QEP Team will visit the site during cleanup as needed to
report on cleanup progress and compliance with regulatory agency requirements. The QEP will
provide assurance to the City Brownfields Program Staff that the site is under appropriate
engineering and institutional controls as needed. Finally, the QEP Team will confirm cleanup(s)
is(are) complete and review MDEQ no further action letter(s) and/or Environmental Cleanup
Professionals cleanup verification statement(s), etc. as needed.
Development of Bid Specifications for Sub -grantees
As directed by the City Brownfields Program Staff, the QEP Team will develop bid
specifications to allow sub -grantees to procure contractors for site remediation. The QEP Team
will develop the technical portion of the bid specifications, to be included in the bid package
prepared by the sub -grantee and sent to perspective bidders. City of Kalispell Brownfields
Program Staff will review the bid package to ensure all appropriate EPA Brownfield
procurement provisions are included.
Exhibit "A" — Page 3
Community Outreach Support
The City Brownfields Program Staff will prepare a Community Outreach/Environmental
Education Plan for sites funded under the EPA Brownfields program. The plan will describe the
outreach approach and schedule along with actions to be taken to involve stakeholders in cleanup
decisions. In accordance with EPA guidance, outreach will be developed to reach stakeholders
affected by the cleanup of the site and educate the public and stakeholders on the proposed
remedial action (contamination issues, remedial design, alternatives to cleanup, etc.). The QEP
Team will support these efforts.
Project Management and Project Status Reporting
The QEP Team will focus on promoting communication with the City and other stakeholders.
Mr. Roger Noble, the proposed QEP project manager, will lead communication. To promote
communication during the project and respond to City Brownfields Program Staff needs, the
QEP Team will utilize telephone and electronic mail communication, regular updates on the
status of projects, and face-to-face meetings held as necessary to efficiently complete assigned
work. This may include meetings with the borrower or regulatory agencies.
The QEP Team will provide written project status reports to the City Brownfields Program Staff
on a monthly basis. The reports will document progress made on each site being overseen by the
QEP Team, and will include status of the work performed since the previous report. The
monthly status reports will also include activities anticipated during the next reporting period,
problems or issues encountered and the recommended solutions, and project schedule status.
All progress reports and invoicing will be clearly delineated by specific site name and
Brownfields funding type (hazardous substance or petroleum).
Assessment and Revolving Loan Fund
The QEP Team will provide timely updates to the City of Kalispell's Brownfields ACRES
reporting system. Invoicing will be provided for work conducted under the Assessment grant
separately from that conducted under the Revolving Loan Fund grant. In each program,
invoicing will be specific to site and type of project (hazardous substance vs. petroleum).
Exhibit "A" — Page 4
*AWpp[ied Water
CONSULTING LLC
2013 City of Kalispell
PERSONNEL & OFFICE
RATE SCHEDULE
ITEM
CA, INDUSTRIAL HYGIENE
& ENVIRONMENTAL
RATE
Personnel
Principal - Engineer, Scientist, Geologist, Hydrologist
$135.00/hr.
Senior - Engineer, Scientist, Geologist, Hydrologist, Manager
$120.00/hr.
Land Surveyor - Registered
$116.50/hr.
Industrial Hygienist
$115.50/hr.
Project - Engineer, Scientist, Geologist, Hydrologist, Manager
$108.00/hr.
Staff - Engineer, Scientist, Geologist, Hydrologist
$88.00/hr.
Draftsperson CAD
$75.00/hr.
Tech II
$72.00/hr.
Clerical, Word Processor
$58.00/hr.
Survey Crew - 2 Man w/ Land Surveyor
$180.00/hr.
Litigation Support
$150.00/hr.
Expert Witness (8 hr. minimum)
$250.00/hr.
Travel
4 x 4 mileage
$0.85/mile
Minimum Company Vehicle Usage
$35.00/day
Per Diem
$45.00/day
Lodging
At cost
Reproduction
Copies (black and white)
$0.10/page
Copies (color) 81/zxi i
$1.50/page
Copies (color) 11x17
$2.50/page
Microfiche Prints
$.50/page
CD Data Copy
$10/CD
Plotting (draft/final plots)
A - 8.5"x11"
$2.00
B - 11 "x17"
$5.00
C - 17"x24"
$8.00
D - 24"x36"
$10.00
E - 36"x48"
$15.00
F - Oversize
$15.00+
EXHIBIT B
Applied Water
CONSULTING LLC
Eauioment / Supplies
2013 City of Kalispell
EQUIPMENT & SUPPLY
RATE SCHEDULE
Unit
CA, INDUSTRIAL HYGIENE
& ENVIRONMENTAL
Hour Dav Week Month
4-gas Meter (CO, CO2, LEL, 02)
m':
$7.00
$42.00
$168.00
$504.00
Air Velocity Meter
$7.00
$42.00
$158.00
$504.00
Air -purifying respirator cartridges, per set of two
$10.00
Analtyical Balance
$3.00
$20.00
$75.00
$240.00
Analyzer (PID, OVA, Hnu, etc.,..
$12.00
$72.00
$270.00
$864.00
Asbestos Air Sample Media, per sample
$2.00
Bailer - 2" Disposable
$11 50
.. .-
BIOS D Call@ Primary Calibration Unit=
$20.00
$75.00
$240.00
Conductivity/Salinity Meter
$7.50
$30.00
$113.00
$360.00
Data Logger &Transducer
NOW ,�
$10.00
$60.00
$225.00
$720.00
Deionized Water, per gallon
$1.50
Ema
d :r ,,NO
Depth to Water Probe
$7.50
$45.00
$169.00
$540.00
Digital Cameral
$2.50
$15.00
$56.00
$180.00
Disposable Sampling Supplies gloves, bags, etc.), per sample
$10.00
O
RA- *;
Field Computer
PIN$25.00
$94.00
$300.00
Filters - Ground Water Sampling
$22.00
Generator
rW;
$11.00
$66.00
$248.00
$792.00
Gloves - Disposable
$0.75
, .
r ..w W,
,-- N
Kd
GPS - Trimble RTK
$60.00
$360.00
$1,350.00
$4,320.00
GPS
,gam
r�
$11.25
$67.50
$253.00
$810.00
Ground Penetratin Radar
,
�,
$600.00
$2,250.00
$7,200.00
Groundwater Flowmeter,.
$6.00
$36.00
$135.00
$432.00
High Volume Air Sampling Pump (set of 5)
�,��
4'�'3`'`
_
$100.00
$375.00
$1,200.00
High Volume Air Sampling Pump (single)�"�
%
$6.50
$39.00
$146.00
$468.00
HOBO® - Pressure Differential Monitor/Datalogger,
$25.00
$94.00
$300.00
Lead Air Sample Media, per sample
$1.00
„q:
>_
Lead Dust Sam le Media, per sample
$1 00
s_
Low Volume Air Sample Pump (set of 5)
N
$16.00
$100.00
$375.00
$1,200.00
Low Volume Air Sample Pump (single)��,
m
$6.50
$39.00
$146.00
$468.00
EIRMTVB
implied Water
CONSULTING LLC
Equipment / Supplies
2013 City of Kalispell
EQUIPMENT & SUPPLY
RATE SCHEDULE
Unit Hour
♦ INDUSTRIAL HYGIENE
& ENVIRONMENTAL
Day Week Month
Ma nehelic Gauge
��
$7.00
$42.00
$158.00
$504.00
Magnetometer
$5.00
$30.00
$113.00
$360.00
Microbial Media Sample, per sample
$10 00
'
.
Oil/Water Interface Probe
,;,_.
$10.00
$60.00
$225.00
$720.00
Padlocks, common -keyed
$17.50
PCM Microscope(portable laborato;,
;,s, ,
$25.00
$94.00
$300.00
Protimeter�`�
$8.00
$50.00
$188.00
$600.00
Pump - 10hp Purge.
$6.00
$36.00
$135.00
$432.00
Pump Centrifugal
$8.25
$49.50
$186.00
$594.00
Pump -,Mini Sampling
41, 1-
$6.25
$37.50
$141.00
$450.00
Pump - Peristaltic
$8.75
$52.50
$197.00
$630.00
Survey Equipment - TotalStation
f��
$16.00
$96.00
$360.00
$1,152.00
SurveyEquipment - Transiet/Rod
�`�
� ,�- �.
,. .
$25.00
$94.00
$300.00
Tubing - Polyethylene/Foot
$0.75r�
Tubing - Silicon/Foot
$2.50
Tyvek8 Suit size L - XXXL , per suit
Water Meter -Combo (Cond, pH, Temp),.
UK
$8.00
$48.00
$180.00
$576.00
Water Meter - DO
.;
$8.00
$48.00
$180.00
$576.00
Water Meter - ORP
am
$8.00
$48.00
$180.00
$576.00
Water Meter- Specific Conductance
Emu #
$7.50
$45.00
$169.00
$540.00
Water Meter - Temperature & pH
.€
$6.50
$39.00
$146.00
$468.00
IX -Ray Fluoresence Meter
tin
$400.001
$1,500.00
$3 600.00
Note: If eauipment must be rented. rates will include rental/shippina costs plus 7%. If additional
eauioment bevond that listed here is purchased durino
the contract period, then we retain the right to update this rate schedule accordingly.