3. Approve Engineering Services Agreement4.1
City of Kalispell Public Works Department
W Post Ogee Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
REPORT TO: Mayor and City Council
FROM: James C. Hausz, P.E., Director of Public Works
SUBJECT: Authorize Engineering for Water System Improvement Project
MEETING DATE: April 4, 2005
BACKGROUND: The Kalispell Facility Plan of June 2002 identified many water system infrastructure
needs which will become more critical as the growth of the community continues to move forward. The
City's water system is divided into two zones of pressure in order to provide optimum service for the
customer. The upper pressure zone provides service to the northern parts of the City and those areas west
along Three Mile Drive where significant new residential development has occurred. The most pressing
upper zone needs that were identified in the Facility Plan are additional storage and additional production
capacity to meet growing demands. The City presently has only one producing well in the upper zone.
The second well has been taken out of service due to high levels of sand and iron bacteria which could
contaminate the system. The present upper zone elevated storage tank has a capacity of only 100,000
gallons. This is inadequate to meet the current fire flow requirements of the upper zone and must be
increased. The Facility Plan (Table 3-18) identified a need for approximately 2 million gallons of
additional upper zone storage and an additional 1,200 gallons per minute of production capacity.
Additional production capacity is needed in the lower zone which serves the remainder of the City. The
current budget includes funds for addressing some of these problems —In order to allocate the City's
limited fiscal resources in the most efficient way, preliminary engineering is necessary to identify the
optimum location and size of additional storage and production facilities to meet the growing demand.
The City solicited statements of qualifications from engineers experienced in developing
municipal water storage and production facilities, four teams responded and a review committee
comprised of personnel from the City and two outside agencies reviewed the submittals. Consensus of the
review committee is that the team led by Robert Peccia and Associates (RPA) is best able to assist the
City with this important project. After reaching that conclusion, City staff has negotiated the attached
Engineering Services Agreement. This agreement covers the general categories of work potentially to be
performed and which will be authorized by specific negotiated Task Orders. Also attached is Task Order
#1 for the initial work of preliminary engineering to identify the preferred option(s) for storage and
production improvements. The value of Task Order # 1 is $58,006.91. Subsequent Task Orders will be
April 4, 2005 Water Storage Engineering.doc
brought before City Council for approval at a later date and will be negotiated for scope and cost based on
the results of the preliminary work covered by Task Order # 1.
RPA has teamed with another local firm, Land and Water Consulting, who will provide the
critical hydrogeology expertise for this effort. We believe this team offers substantial strength and
capability to assist the City with this important project. Approval of the agreement and task order is
recommended.
ACTION REQUESTED: AT CITY COUNCIL MEETING OFAPRIL 4, MOTION TO APPROVE
ENGINEERING SERVICES AGREEMENT AND TASK ORDER #1 WITH ROBERT PECCIA &
ASSOCIATES OFHELENA, MONTANA, FOR ENGINEERING SERVICES RELATED TO
DESIGN AND CONSTR UCTION OF CITY WATER SYSTEM IMPROVEMENTS.
FISCAL EFFECTS: Expenditure of budgeted Water Division funds totaling $58,006.91 with subsequent
expenditures subject to negotiation of scope and fee and City Council approval under separate task orders.
ALTERNATIVES: As suggested by the City Council
Respectfully submitted, i
James C. Hansz, P.E. ames H. Patrick
Director of Public WornCityeerCity Manager
Attachment: Engineering Services Agreement and Task Order 41
April 4, 2005 Water Storage F ngineering.doc
AGREEMENT TO FURNISH ENGINEERING SERVICES
to
CITY OF KALISPELL
for
UPPER PRESSURE ZONE WATER SYSTEM IMPROVEMENTS
This Contract is subject to arbitration pursuant to the
Uniform Arbitration Act, MCA Title 27, Chapter 5.
For the consideration hereinafter set forth, ROBERT PECCIA & ASSOCIATES, INC.
(hereinafter referred to as the Engineer) agrees to provide engineering and related services as
described herein to the City of Kalispell (hereinafter referred to as the Owner) for a project
generally described as follows (hereinafter the Project):
Providing planning, design phase, bid phase and construction phase engineering services
for the City of Kalispell Water System Improvements Project. The Water System
Improvements Project includes a new water storage reservoir, new production well,
transmission piping for connection to the City's water system and other related items for
the City's Upper Pressure Zone.
ARTICLE I. SCOPE OF SERVICES
The Engineer agrees to provide engineering and related services for the Owner's Project. 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. Unless otherwise indicated in a
Task Order, execution of a Task Order by the Owner shall constitute notice to and authorization
for the Engineer to proceed with the services enumerated in the Task Order.
ARTICLE 2. BASIS OF COMPENSATION
A. COMPENSATION
As a consideration for providing the services covered under this Agreement, the Owner shall pay
the Engineer a lump sum fee or the Engineer's current salary cost, overhead, and direct costs, plus
a fixed fee, whichever is appropriate, as described in each Task Order.
B. BUDGET
The budget for the Scope of Services as established in each Task Order shall be negotiated by the
parties at the time each service is authorized.
C. CHANGE OF SCOPE
The Scope of Services and its related budget for each Task Order shall be limited to the scope
and budget so contained therein. Changes in the indicated Scope of Services shall be subject to
renegotiation and shall be implemented by a formal amendment to the appropriate Task Order.
D. BASIS OF COSTS
The budgets listed in the Task Orders are based on salaries and expenses estimated for
completing the work in the time frames indicated in each Task Order. Should the services
scheduled be delayed because of circumstances beyond the control of the Engineer, the basis of
payment will be renegotiated to provide for additional costs of service.
E. ADDITIONAL SERVICES
Additional services not specified in Article 1, but subsequently requested by the Owner, shall be
included in the appropriate Task Order or a separate Task Order shall be written for the
additional services.
F. ALTERNATIVE DESIGNS
If the Owner directs that competitive bids be taken for construction of alternative designs where
this involves the preparation of designs, drawings, and specifications for alternative facilities not
previously agreed to, the compensation to the Engineer shall be on the basis of an additional
payment to be mutually negotiated at the time the Owner directs that alternative designs,
drawings, and specifications be prepared.
G. LITIGATION ASSISTANCE
Engineer will not be obligated to provide expert witness or other litigation support related to its
services, unless expressly agreed in writing. In the event Engineer is required to respond to a
subpoena, government inquiry or other legal process related to the services in connection with a
proceeding to which it is not a party, Owner shall reimburse Engineer for its costs and
compensate Engineer at its then standard rates for the time it incurs in gathering information and
documents and attending depositions, hearings, and the like.
ARTICLE 3. PAYMENT FOR SERVICES
Payment to the Engineer, as prescribed in Article 2, shall be made as follows:
A. PAYMENT FOR SERVICES
Payment is due within 30 days after receipt of billing of the amount due for each service
rendered.
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B. DISPUTED INVOICES
In the event of a disputed or contested invoice, only that portion so contested may be withheld
from payment, and the undisputed portion will be paid.
C. INTEREST
If payment of the amounts due or any portion thereof is not made as prescribed above, interest on
the unpaid balance will accrue at the rate of one percent (I%) per month and become due'and
payable at the time said overdue payments are made, unless delay in payment is due to improper,
contested, or inadequate billing procedures followed by the Engineer. In the event of disputed or
contested billing, only that portion so contested shall be withheld, and the undisputed portion
shall be paid in accordance with the payment provision outlined herein.
ARTICLE 4. OBLIGATIONS OF THE ENGINEER
A. AUTHORIZATION TO PROCEED
The Engineer will not begin work on any of the services listed in Article I until the Owner
directs hire to proceed. Authorization to proceed on work elements under this Agreement as to
scope, cost, and time for completion shall be in the form of a Task Order as previously described.
B. SUBSURFACE INVESTIGATIONS
In soils, foundation, and other subsurface investigations, the actual characteristics may vary
significantly between successive test points and sample intervals, and at locations other than
where observations, explorations, and investigations have been made. In estimating subsurface
conditions, the data, interpretation, and recommendations of the Engineer are based solely on the
information obtained. It is recognized, however, that because of the inherent risks and
uncertainties in subsurface evaluations, changed or unanticipated underground conditions may
occur that could affect total project cost.
The Engineer will coordinate the subsurface investigations and perform engineering evaluations
in accordance with generally accepted engineering practices and makes no other warranties,
expressed or implied.
C. PERIODIC SITE VISITS
Visits to the construction site and observations made by the Engineer as part of services during
construction shall not relieve the Construction Contractor(s) of an obligation to conduct
comprehensive inspections of the work sufficient to ensure conformance with the intent of the
Contract Documents and shall not relieve the Construction Contractor(s) of total responsibility
for all construction means, methods, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the work under the Construction Contract(s) in
conformance with the intent of those Contract(s) and for all safety precautions incidental thereto.
Such visits by the Engineer are not to be construed as part of the observation duties of the on -site
representative personnel defined herein, nor is the Engineer in anyway responsible for
inspecting, noting, commenting on, or reporting safety deficiencies. The Engineer shall not be
responsible for the acts or omissions of any Contractor's)' or subcontractor(s)' agents or
employees or any persons at the site except Engineer's own employees and agents.
D. DESIGN WITHOUT CONSTRUCTION PHASE SERVICES
It is understood and agreed that if Engineer's services under this Agreement do not include
project construction observation, or review of the Contractor's performance or any other
construction phase services, and that such services will be provided by Owner, then Owner
assumes all responsibility for interpretation of the Contract Documents and for construction
observation or review and waives any claims against the Engineer that may be in any way
connected thereto.
E. SELECTION OF ON -SITE REPRESENTATIVE
The Owner reserves the right to review and approve the qualifications of the Engineer's on -site
representative personnel. The Owner may request to interview the Engineer's on -site
representative personnel prior to giving final approval.
F. ON -SITE REPRESENTATIVE
The Engineer's on -site representative personnel will make reasonable efforts to assist in guarding
the Owner against defects and deficiencies in the work of the Contractor(s) and to help determine
if the provisions of the Contract Documents are being fulfilled. Their day-to-day presence and
observations will not, however, cause the Engineer to be responsible for those duties and
responsibilities that belong to the Owner and/or Construction Contractor(s) or other parties and
which include, but are not limited to, full responsibility for all construction means, methods,
techniques, sequences, and procedures necessary for coordinating and completing all portions of
the work and for all safety precautions incidental thereto, and for performing the construction
work in accordance with the Contract Documents. Such on -site observations shall not, in any
way, make the Engineer responsible for inspecting, noting, observing, or reporting on safety
deficiencies of the Contractor nor for the acts or omissions of said Contractor(s)' or
subcontractor(s)' agents or employees or any other persons at the site except Engineer's own
employees and agents.
G. ON -SITE RESPONSIBILITIES
The Engineer shall act as the Owner's agent for all matters incidental to coordination of the
project during construction; but the Engineer has not been retained or compensated to direct or
supervise the Contractor's personnel; operate or have direct use of equipment; be responsible for
construction means, methods, techniques, and procedures; be responsible for safety precautions
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on the project, or in any way infringe on the duties of the Contractor(s). The Contractor alone is
responsible for the adequate performance in conformance with the intent of the Construction
Contract involving all aspects of the project and for the acts or omissions of the Contractor's
agents or employees.
H. OPINIONS OF PROBABLE CONSTRUCTION COSTS
Engineer's opinion of probable construction cost provided for herein are to be made on the basis
of Engineer's experience and qualifications and represent Engineer's best judgment as an
experienced and qualified professional engineer generally familiar with the construction industry.
However, since Engineer has no control over the cost of labor, materials, equipment or services
furnished by others, or over the Contractor's methods of determining prices, or over competitive
bidding or market conditions, Engineer cannot and does not guarantee that proposals, bids or
actual construction cost will not vary from opinions of probable construction cost prepared by
Engineer. If Owner wishes greater assurance as to probable construction cost, Owner shall
employ an independent cost estimator.
I. CONSTRUCTION PROGRESS PAYMENTS
Recommendations by the Engineer to the Owner for periodic construction progress payments to
the Contractor are based on the Engineer's knowledge, information, and belief from selective
sampling that the work has progressed to the point indicated and that the quality of work
represented by the recommendation is generally in accordance with the intent of the Contract
Documents. Such recommendations, however, shall not be deemed to represent that continuous,
exhaustive, or detailed examinations or reviews of the work have been made by the Engineer to
ascertain that the Contractor has completed the work in exact accordance with the Contract
Documents nor that the final work will be acceptable in all respects. Recommendation of such
payment does not infer that the Engineer has made an examination to ascertain how or for what
purpose any construction Contractor has used the moneys paid on account of the Contract Price
or that title to any of the work, materials, or equipment has passed to Owner free and clear of
liens, claims, security interests, or encumbrances, or that there may not be other matters at issue
between Owner and Contractor that might affect the amount that should be paid.
The standard of care for all professional engineering and related services performed or furnished
by Engineer under this Agreement will be the care and skill ordinarily used by members of
Engineer's profession practicing under similar conditions at the same time and in the same
locality. ENGINEER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, UNDER THIS
AGREEMENT OR OTHERWISE IN CONNECTION WITH ENGINEER'S SERVICES.
K. RECORD DRAWINGS
Record. drawings will be prepared, in part, on the basis of information compiled and furnished by
others and are not intended to represent in detail the exact location or type of various components
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nor the exact manner in which the project was finally constructed. The Engineer will not be
responsible for any errors or omissions that have been incorporated into the record drawings
through the negligence or faulty information of others.
L. CONFIDENTIAL INFORMATION
Although Engineer generally will not disclose without Owner's consent information provided by
Owner or developed by Engineer in the course of its services and designated by Owner as
confidential, Engineer shall not be liable for disclosing such information if it in good faith
believes such disclosure is required by law or is necessary to protect the safety, health, property
or welfare of the public. Engineer shall notify Owner of any such disclosure.
ARTICLE 5. OBLIGATIONS OF THE OWNER
A. AUTHORIZATION TO PROCEED
Authorize the Engineer to proceed prior to the Engineer starting work on any of the services
listed in Article 1 by executing a Task Order for each phase of the work.
B. OWNER'S REPRESENTATIVE
Designate a person to act as Owner's representative with respect to the services to be performed
or furnished by Engineer under this Agreement. ,Such person will have complete authority to
transmit instructions, receive information, interpret and define Owner's policies and decisions
with respect to Engineer's services for this Project.
C. PROJECT REQUIREMENTS
Provide all criteria and full information as to Owner's requirements for the Project, including
design objectives and constraints, space, capacity and performance requirements, flexibility and
expendability, and any budgetary limitations; and furnish copies of all design and construction
standards which Owner will require to be included in the Drawings and Specifications.
D. OWNER -FURNISHED DATA
Provide to the Engineer all technical data in the Owner's possession, including previous reports,
maps, surveys, borings, and all other information required by the Engineer and relating to the
Engineer's work on the project. Such information shall include, but not be limited to, the Owner's
requirements for the project, any design criteria or constraints, and copies of design and
construction details or standards that Owner requires to be included. Engineer may rely upon the
accuracy, timeliness, and completeness of the information provided by the Owner in performing
Engineer's services to the Owner.
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E. ACCESS TO FACILITIES AND PROPERTY
Make its system facilities and properties available and accessible for inspection by the Engineer
and provide labor and safety equipment as required by the Engineer and as authorized by Owner.
F. ADVERTISEMENTS, PERMITS, AND ACCESS
Pay all costs and be responsible for publishing advertisements for bids and for obtaining permits
and licenses that may be required by local, state, or federal authorities and shall secure the
necessary land, easements, and rights -of -way, and shall provide access as necessary for the
Engineer to perform his services on public or private property as required, unless as otherwise
specified herein.
G. TIMELY REVIEW
The Owner shall examine all studies, reports, sketches, drawings, specifications, proposals, and
other documents presented by the Engineer, obtain advice of an attorney, insurance counselor,
accountant, auditor, and other consultants as Owner deems appropriate for such examination and
render in writing decisions pertaining thereto in a timely manner so as to not delay the services of
Engineer.
H. PROMPT NOTICE
The Owner shall give prompt written notice to Engineer whenever Owner observes or otherwise
becomes aware of any development that affects the scope or timing of Engineer's services or any
defect in the work of the Engineer or Contractors.
ARTICLE 6. GENERAL LEGAL PROVISIONS
A. FORCE MAJEURE
Engineer shall not be responsible for any delay or failure of performance caused by fire or other
casualty, labor dispute, government or military action, transportation delay, inclement weather,
Act of God, act or omission of Owner or its contractors, failure of Owner or any government
authority to timely review or to approve the services or to grant permits or approvals, or any other
cause beyond Engineer's reasonable control, and Engineer's compensation shall be equitably
adjusted to compensate it for any additional costs it incurs due to any such delay.
B. INDEMNIFICATION
Indemnification by Engineer:
The Engineer shall indemnify and hold harmless the Owner and its officers, directors and
employees against and from any and all liability, loss, damage, claims, demands, costs and
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expenses, including court costs and reasonable counsel fees, arising out of personal injury or
death of any person, or loss or damage to property, but only to the extent such personal injury,
death, loss or damage is caused by the negligence, knowingly wrongful acts, errors or omissions
of the Engineer, its agents and/or employees.
Indemnification by Owner:
The Owner shall indemnify and hold harmless the Engineer and its employees and agents, against
and from any and all liability, loss, damage, claims, demands, costs and expenses, including court
costs and reasonable counsel fees, arising out of personal injury or death of a person or loss or
damage to property but only to the extent such personal injury, death, loss, destruction or damage
is caused by the negligence, knowingly wrongful acts, errors or omissions of the Owner, its
agents and/or employees.
Indemnification on a comparative negligence basis:
In the event that both Owner and Engineer are negligent, guilty of knowingly wrongful acts,
errors or omissions, or breach of contract and the negligence, knowingly wrongful conduct,
errors or omissions or breach of contract of each is a cause of liability or damages, then in such
event, each party shall be responsible for that portion of the liability or damages equal to such
parties' comparative share of the total negligence, knowingly wrongful conduct, or error or
omission or breach of contract.
C. LEVEL OF ENGINEERING EFFORT
The Owner and Engineer recognize that established compensation schedules and cost guidelines,
plus previous experience and estimates of work efforts, were used in negotiating the basis of
compensation in this Agreement. The Owner and Engineer further recognize that it is cost -
prohibitive to the Owner to expect or require an absence of construction Contract Change Orders
because of Contract Document ambiguities, inconsistencies, and/or discrepancies on a project of
this type. Said guidelines and estimates and resulting basis of compensation, therefore, reflect a
generally recognized level of engineering effort and professional competence that represent a
balance between additional project costs directly attributable to said Change Orders and the
necessary additional engineering changes to minimize or eliminate said Change Orders.
D. TERMINATION
This Agreement may be terminated by the Owner for its convenience by giving 30-days written
notice to the Engineer.
This Agreement may be terminated by either party upon 30-days written notice should the other
party fail substantially to perform in accordance with this Agreement through no fault of the
other or if the project is stopped by conditions beyond the control of the Owner. Failure to
perform includes failure of the Owner to promptly pay the Engineer in conformance with Article
3.
0
In the event of termination, the Engineer shall be paid in full for all work previously authorized
and performed up to the termination date, plus termination expenses if termination is not caused
by failure of the Engineer to perform.
If no termination is implemented, relationships and obligations created by this Agreement shall
terminate upon completion of all applicable requirements of this Agreement.
E. SUSPENSION, DELAY, OR INTERRUPTION OF WORK
The Owner may suspend, delay, or interrupt the work of the Engineer on the project for the
convenience of the Owner or for reasons beyond the control of the Owner or Engineer.
In the event of such suspension, delay, or interruption, an adjustment in compensation due the
Engineer shall be made for all increases in cost of the Engineer's performance under this
Agreement, including personnel relocation and/or replacement costs, and all other identifiable
labor and expense costs.
F. SEVERABILITY
Any provision or part of the Agreement held to be void or unenforceable under any law or
regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and
binding upon Owner and Engineer, who agree that the Agreement shall be reformed to replace
such stricken provision or part thereof with a valid and enforceable provision that comes as close
as possible to expressing the intention of the stricken provision.
G. VENUE
In the event of litigation or arbitration concerning this Agreement, venue shall be in the Eleventh
Judicial District in and for the County of Flathead, Montana, and this Agreement shall be
governed by the laws of the State of Montana both as to interpretation and performance.
H. DISCLAIMER OF CONSEQUENTIAL DAMAGES
In no event shall Engineer or Engineer's officers, directors, employees, agents, subcontractors
and consultants be liable for special, indirect, incidental or consequential losses or damages of
any kind or nature whatsoever, including but not limited to commercial loss, loss of use, or lost,
delayed or diminished profits, revenues or opportunities, even if Engineer has been advised of the
possibility of such damages. This disclaimer shall apply to any such damages based upon any
cause of action whatsoever, including but not limited to breach of warranty, guaranty or contract,
product Liability, negligence, breach of contract, strict liability or indemnity.
E
HAZARDOUS ENVIRONMENTAL CONDITION
Owner represents to Engineer that to the best of its knowledge a Hazardous Environmental
Condition does not exist. Owner has disclosed to the best of its knowledge to Engineer the
existence of all asbestos, PCB's, petroleum, hazardous waste, or radioactive material located at
or near the project site, including type, quantity and location.
If a Hazardous Environmental Condition is encountered or alleged, in such quantities or
circumstances that may present a substantial danger to persons or property exposed thereto in
connection with the work, the Engineer shall have the obligation to notify Owner and, to the
extent of applicable laws and regulations, appropriate government officials.
It is acknowledged by both parties that the Engineer's scope of services does not include any
services related to a Hazardous Environmental Condition. In. the event the Engineer or any other
party encounters a Hazardous Environmental Condition, the Engineer may, at its option and
without liability for consequential or any other damages, suspend performance of services on the
portion of the Project affected thereby until Owner; (i) retains appropriate specialist consultant(s)
or contractor(s) to identify and, as appropriate, abate, remediate, or remove the Hazardous
Environmental Condition; and (ii) warrants that the Site is in full compliance with applicable
Laws and Regulations.
ARTICLE 7. GENERAL PROVISIONS
A. ACCESS TO DOCUMENTS
It is expressly understood that the Engineer's records relating to this Agreement will be available
during normal business hours for inspection by the Owner, or authorized representative of the
above.
B. REUSE OF DOCUMENTS
All documents including Drawings and Specifications provided or furnished by Engineer (or
Engineer's Consultants) pursuant to this Agreement are instruments of service in respect of the
Project, and Engineer and Engineer's Consultants, as appropriate, shall retain ownership and
property interest therein (including the right of reuse by and at the discretion of Engineer and
Engineer's Consultants, as appropriate) whether or not the Project is completed. Owner may
make and retain copies for information and reference in connection with the use and occupancy
of the Project by Owner and others; however, such documents are not intended or represented to
be suitable for reuse by Owner or others on extensions of the Project or on any other project. Any
such reuse without written verification or adaptation by Engineer and Engineer's Consultants, as
appropriate, for the specific purpose intended will be at Owner's sole risk and without liability or
legal exposure to Engineer, or to Engineer's Consultants, and Owner shall indemnify and hold
harmless Engineer and Engineer's Consultants from all claims, damages, losses and expenses
including attorney's fees arising out of or resulting therefrom. Any such verification or
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adaptation will entitle Engineer to further compensation at rates to be agreed upon by Owner and
Engineer.
C. ELECTRONIC TRANSFER OF DOCUMENTS
The Engineer will furnish to the Owner, upon request, drawings in electronic media (disk)
format. Copies of documents that may be relied upon by Owner are limited to the printed copies
also known as hard copies that are signed and sealed by the Engineer. Plot files in electronic
media format of text, data, graphics, or of other types that are furnished by the Engineer to the
Owner, are only for the convenience of the Owner and others. Any conclusion or information
obtained or derived from such electronic files will be at the user's sole risk.
Because data stored in electronic media format can deteriorate or be modified inadvertently or
otherwise without authorization of the data's creator, the party receiving electronic files agrees
that it will perform acceptance tests or procedures within 60-days, after which the receiving party
shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day
acceptance period will be corrected by the party delivering the electronic files. Engineer shall not
be responsible to maintain documents stored in electronic media format after acceptance by the
Owner.
When transferring documents in electronic media format, Engineer makes no representation as to
long term compatibility, usability, or readability of documents resulting from the use of software
application packages, operating systems, or computer hardware differing from those used by
Engineer at the beginning of this project.
D. DISPUTE RESOLUTION
Owner and Engineer agree that they shall first submit any and all unsettled claims, counterclaims,
disputes and other matters in question between them arising out of or relating to this Agreement
or the breach thereof ("disputes"), to mediation by an independent party agreed to by the Owner
and Engineer prior to either of them initiating against the other a demand for arbitration.
All disputes between Owner and Engineer not resolved by mediation will be decided by
arbitration in accordance with the Construction Industry Arbitration Rules of the American
Arbitration Association. This agreement to arbitrate and any other agreement or consent to
arbitrate entered into in accordance herewith will be specifically enforceable under the prevailing
law of any court having jurisdiction.
Notice of the demand for arbitration must be filed in writing with the other party to the
Agreement and with the American Arbitration Association. The demand must be made within a
reasonable time after the claim, dispute or other matter in question has arisen. In no event may
the demand for arbitration be made after the date when institution of legal or equitable
proceedings based on such claim, dispute or other matter in question would be barred by the
applicable statute of limitations.
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ARTICLE S. DESCRIPTION AND SIGNATURES
A. AGREEMENT DESCRIPTION
This Agreement (consisting of pages 1 to 12, inclusive) constitutes the entire Agreement between
the Owner and the Engineer and supersedes all prior written or oral understandings. This
Agreement may only be amended, supplemented, modified, or canceled by a duly executed
written addendum.
DATED this day of , 2005
F:IWATER\Ka1_Tank We111cngcontractlSTNBA(3M7'.,Apd
Revised:March 22,2005
12
CITY OF KALISPELL
Title:
ROBERT PECCIA & ASSOCIATES, INC.
By:
President
TASK ORDER NUMBER ONE
AGREEMENT TO FURNISH ENGINEERING SERVICES
to
THE CITY OF KALISPELL , MONTANA
for
WATER SYSTEM ENGINEERING REPORT
for
UPPER PRESSURE ZONE WATER PRODUCTION AND STORAGE FACILITIES
AND RELATED ITEMS
This Task Order provides for professional engineering services to be performed by ROBERT
PECCIA & ASSOCIATES, INC. (hereinafter the Engineer), for the City of Kalispell (hereinafter the
Owner), in accordance with Article 1 of the Agreement to Furnish Engineering Services to The City
of Kalispell for Water System Improvements, dated , 2005 (hereinafter
the Agreement). This Task Order represents an authorization to proceed with the scope of services,
schedule, and compensation described herein. This Task Order, when executed by both parties, shall
become a supplement to and part of the basic Agreement.
ARTICLE 1. SCOPE OF SERVICES
The Engineer agrees to furnish the following professional engineering services in connection with
the preparation of a Water System Engineering Report, hereinafter referred to as the Project.
A. PREPARE WATER SYSTEM ENGINEERING REPORT
The Engineer agrees to furnish the following engineering services. Changes in the indicated
scope of services shall be subject to renegotiation and implementation through a subsequent Task
Order.
Preparation of a Water System Engineering Report for the City of Kalispell's Water System
That Evaluates Alternatives and Costs for a New Well, Storage Reservoir, Transmission
Mains and Related Items for the City's Upper Pressure Zone. A detailed scope of services
outline is attached in Exhibit "A".
ARTICLE 2. SCHEDULE
It is anticipated that those services listed above under Article 1, Scope of Services, are to be
completed during the time period from April 15, 2005 to September 30, 2005,
ARTICLE 3. COMPENSATION
A. BUDGET
The budget for those services described above under Article 1, Scope of Services A. Prepare Water
System Engineering Report shall be $58,006.91 based on the attached Exhibit B Estimate of
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Engineering Costs.
DATED this day of , 2005.
CITY OF KALISPELL
By: _
Title:
(Seal)
ROBERT PECCIA & ASSOCIATES, INC.
By:
President
EXHIBIT A
CITY OF KALISPELL WATER PRODUCTION AND STORAGE FACILITES
PRELIMINARY ENGINEERING REPORT
PROPOSED SCOPE OF WORK
3/22/2005
1. CONDUCT PRELIMINARY WORKSHOP SESSION WITH CITY STAFF
a. Discuss preliminary scope of work
b. Discuss project schedule
e. Discuss project budget, funding sources and estimated engineering costs
d. Discuss potential well and tank site locations
e. Come to agreement on project scope and budget for Preliminary
Engineering Report
2. REVIEW EXISTING DOCUMENTATION
a. Review 2002 Engineering Study
b. Collect and review water system maps
c. Collect and review data on existing City wells and sources
i. Yield
ii. Water Quality
iii. Regulatory Compliance
iv. Source Water Protection
d. Collect and review As -Built Drawings for existing Buffalo Hills Tank
e. Review existing distribution system computer model
f. Review existing area groundwater information
3. PERFORM PRELIMINARY SCREENING OF POTENTIAL TANK AND
WELL SITES
a. Evaluate City identified and other potential sites for well and tank
b. Identify land ownership issues
c. Evaluate possible tank designs for each tank site (elevated, buried, on
grade; with or without pump station)
d. Determine length and size of transmission line for each tank site
e. Evaluate proximity of tank sites to potential well sites
f. Perform preliminary analysis of potential well sites, including a discussion
of potential interference with other wells (to be verified in later tasks with.
computer analysis) and water rights issues
g. Perform preliminary analysis of the feasibility of rehabilitating Grandview
Well
h. Evaluate electrical switchgear and controls at Grandview Well to
determine if suitable for use at different location.
i. Complete preliminary cost analysis of each well and tank site
j. Identify advantages and disadvantages of each well and tank site
k. Prepare Technical Memorandum summarizing .findings of preliminary
screening
i. Include discussion of funding plan
4. CONDUCT WORKSHOP SESSION WITH CITY STAFF TO DISCUSS
PRELIMINARY SCREENING
a. Discuss Technical Memorandum
i. Discuss each site
ii. Eliminate sites due to location, land ownership issues,
environmental considerations, public acceptance, water quality and
quantity issues, cost etc
iii. Determine list of sites for further consideration
S. PERFORM GROUNDWATER MODELING
a. Determine if proposed well locations will interfere with existing wells and
water rights
6. IDENTIFY LAND OWNERSHIP, AVAILABILITY AND POTENTIAL
ACQUISITION COSTS
a. Estimate costs associated with purchase of land at each. site
b. Determine if land is available for sale or lease
c. Identify potential easements for transmission mains
7. PREPARE PRELIMINARY DRAFT OF REPORT
a. Perform alternatives analysis with cost estimates for types of tanks at each
tank site
i. Size transmission mains
ii. Determine best point of connection to City System
iii. Evaluate fire flow availability
b. Select best tank type for each site and provide final cost estimate for each
tank site
c. Perform alternatives analysis for each potential well site
i. Develop cost estimates for each site
ii. Evaluate pumping costs for each site
iii. Evaluate source water protection, water quality and quantity and
environmental issues
iv. Evaluate ease and efficiency of connection to existing water
system, new tank and new tank transmission line for each site
d. Complete analysis of Grandview Well if not eliminated in preliminary
screening
e. Size pumps for well and if required for tank booster pump station
f. Identify Facilities Required to Connect to Upper Zone
g. Make preliminary recommendations for best alternatives
S. CONDUCT WORKSHOP SESSION WITH CITY TO DISCUSS
PRELIMINARY REPORT AND SOLICIT COMMENTS
a. Submit Report and Design Criteria to MDEQ after workshop session
9. SOLICIT COMENTS AND PREPARE FINAL ENGINEERING REPORT
WITH FINAL RECOMMENDATIONS AND ESTIMATED PROJECT
COST
10. CONDUCT TWO PUBLIC MEETINGS WITH CITY COMMISSION
CITY OF KALISPELL
UPPER PRESSURE ZONE WATER PRODUCTION & STORAGE FACILITIES
Phaes tTasks "OURS
1 Review Existing Documentation
8
4
4
16
2 Preliminary Screening of Tank and Well Sites will) Tech. Memorandum
2
8
26
36
12
8
8
16
116
2A Grandview Well Assessmeet ivnoludes evaluation
1
34
4
8
16
2
65
of ceisting elecMeal Switchgeor & controls for re -use elsewhere)
3 first Workshop Session with City Staff
4
4
6
4
4
24
4 Groundwater Modeling
40
4
44
8 Identify Lantl Ownership, Availa6iltty 8 Potonfial Acquisition Costs
4
4
16
8
8
40
6 Prepare Preliminary Report
2
4
40
36
B
12
28
24
164
7 Send Workshop Session will, City
4
4
6
4
4
24
8 Solicit Comments & Prepare Final Report
2
2
16
16
4
4
16
8
68
9 City Co0nCtl Meehhgs 2
8
16
8
6
8
4
4
56
Total Hours,
14
39
184
120
60
64
66
60
607
7c.1 Cost
$588.08
$1,378.26
$6,268.88
$3,34560
$2,04420
$155392
$1,095.60
51,34400
$17,619-44
Total Labor Costs
Labor
$
17,619.44
Overhead (Mutt der I b942)
$
29,880.86
Total
$
4T,470.30
Indirect Costs
Computers
$
1,120.50
Survey Equipmenl
$
350.00
M6eage
$
90600
Per Diem
3
200.Do
Phcrre/Fax
$
200.no
Copies
$
200.00
Total
$
2,970.50
Prafil
$
7,56612
Total Cost
$
58,006.91
3123l26058. 08 AMEng_cost5a xis
CITY OF KALISPELL
UPPER PRESSURE ZONE MTFR PRODUCTION & STORAGE FACILITIES
FROPOSF. -0 IF- -1-1 n I . —1. 11 —
MMM
MMM=Mmm
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