HomeMy WebLinkAbout19- Amendment 3 to PSA - RESPEC Company, LLC - Groundwater Investigation Services AMENDMENT NO. 3
TO
PROFESSIONAL SERVICES AGREEMENT
FOR
GROUNDWATER INVESTIGATION SERVICES
THIS AGREEMENT is made as of this � day of AnK1 , 2019,
between THE CITY OF BOZEMAN, a Municipal Corporation, P.O. Box 1230, Bozeman,
Montana,59771-1230,herein referred to as OWNER,and RESPEC Company LLC,3810 Valley
Commons Drive #4, Bozeman, Montana, 59718-6477, an Engineering-Consulting Firm herein
referred to as ENGINEER.
WHEREAS, the parties have entered into a Professional Services Agreement dated August
24, 2015, herein referred to as Original Agreement for professional engineering services; and
WHEREAS, the parties desire to amend the provisions of this Agreement to evaluate the
"Leverich Parcel" for use as a site to mitigate future groundwater use by City of Bozeman (COB)
for municipal water supply. It is useful for COB to evaluate this property as a potential enhanced
aquifer recharge site because of its proximity to source water (and water rights) from the
Bozeman/Sourdough creek drainage. In addition, the location of the Leverich parcel at the southern
valley extent,near the Gallatin Range(front)aquifer recharge area,makes it favorable for mitigating
a new groundwater well that would be located down-gradient in the aquifer. If this site proves
favorable it could allow COB to mitigate new water use and exercise its existing water rights from
the Bozeman/Sourdough creek drainage.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN,the parties agree as follows:
The conditions and provisions set forth in the attached EXHIBIT A (Scope of Services and Cost
Summary)to Amendment No. 3, are hereby incorporated in and made part of this Agreement.
ARTICLE 1 -ENGINEERING SERVICES
Section 1.1 of the Original Agreement is amended as follows:
Work tasks (Tasks 3.11 —3.13),as described in EXHIBIT A(Scope of Services and Cost Summary)
to Amendment No. 3, are added as an additional component of the project. This work is titled Phase
3A - Leverich Parcel, Aquifer Recharge Feasibility Evaluation:
Phase 3A -Leverich Parcel,Aquifer Recharge Feasibility Evaluation
Task 3.11: Monitoring Wells
Task 3.12: Geotechnical Boreholes
Task 3.13: Infiltration Testing
ARTICLE 4 -BASIC ENGINEERING SERVICES
Section 4.4 is added to the Original Agreement as follows:
4.4. LEVERICH PARCEL,AQUIFER RECHARGE FEASIBILITY EVALUATION
Following authorization to proceed with the Leverich Parcel, Aquifer Recharge Feasibility
Evaluation phase of the project,ENGINEER shall:
4.4.1. Consult with OWNER to clarify and define OWNER's requirements for this phase of
the Project.
4.4.2. Advise OWNER as to the necessity of OWNER's providing or obtaining from others,
data or services and assist OWNER in obtaining such data or services,as appropriate.During
this phase of the project, coordination with the following entities may be necessary:
-Adjoining property owners to the Leverich property;
- Mystic Heights HOA;
-Mystic Lake Ditch Company;
- COB's water rights attorney(s); and,
- Well drilling contractor(s).
4.4.3. Complete any necessary access,right-of-entry, and indemnification agreements with
OWNER to perform work on the property.
4.4.4 Prepare and furnish complete paper and electronic copies of a technical memorandum
("Memo")that includes all data,analyses, and findings from the work completed during this
phase of the project to OWNER,and at the same time furnish copies as directed by OWNER
to agencies and/or other parties having regulatory responsibilities or other participation in
any part of the Project. Furnish 1 printed copy and an electronic copy (in searchable
PDF format) of the Memo and review in person at request of OWNER.
The Leverich Parcel, Aquifer Recharge Feasibility Evaluation phase of the project will be
completed, and work products submitted within 180 calendar days following written authorization
from OWNER to ENGINEER to proceed with this phase of the project.
ARTICLE 6-COMPENSATION FOR ENGINEERING SERVICE
Section 6.4 is added to the Original Agreement as follows:
6.4 LUMP SUM AGREEMENT to complete LEVERICH PARCEL, AQUIFER RECHARGE
FEASIBILITY EVALUATION
6.4.1. Payment. For completing Leverich Parcel,Aquifer Recharge Feasibility Evaluation
services performed as Basic Engineering Services under Section 4.4 of this Amendment No.
3 to Professional Services Agreement the OWNER shall pay a total sum in the amount of
$42,250.00 for such services.EXHIBIT A(Cost Summary)to Amendment No. 3 provides a
detailed breakdown of costs for each work task.
6.4.2. Payment Schedule. Total cumulative payments for Leverich Parcel, Aquifer
Recharge Feasibility Evaluation(Section 4.4) shall not exceed the following ceilings:
$ 42,250.00 (100% of fee) until all work tasks are complete and a memo. documenting the
findings of the evaluation is submitted to the OWNER, including all well logs.
6.4.3, General. Engineer shall submit monthly statements for services rendered. The
statements shall be based upon Engineer's estimate of the proportion of the total services
completed at the time of billing,subject to any limitations on Payments based on completion
of tasks or specific retainage requirements pursuant to the payment provisions of the
Agreement.
6.4.4. Reimbursable Expenses. Only those expenses specifically identified for payment
under this Agreement are reimbursable.All other project related expenses are included in the
Lump Sum Payment for the Basic services and are not separately reimbursable. Additional
Services specifically identified under the scope of services for payment under 6.4 are not
separately reimbursable.
Except as specifically amended herein, the original agreement shall remain in full force and effect
and the Parties shall be bound by all terms and conditions therein.
IN WITNESS WHEREOF,the parties hereto do make and execute this Agreement on the
day and year first above written.
CITY OF BOZEMAN, MONTANA RESPEC COMPANY LLC
(OWNER) (ENGINEER)
BY: BY: nieNAe� Rdr�,e
City Manager) (Montana Surface Water Manager)
DATE: 4 DATE: I11gR01/ 28 20/9
1300
02�,' .
ATT T: ,• '-
City Clerk �• 1aa3 �.
9�L`�rIN
CO•b�O
APXityAtfttSomey)
FORM
BY -
EXHIBIT A- SCOPE OF SERVICES and COST SUMMARY
(TO AMENDMENT NO.3 OF PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY
OF BOZEMAN AND RESPEC COMPANY LLC FOR GROUNDWATER INVESTIGATION)
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GROUNDWATER INVESTIGATION
PHASE 3A
(Leverich Parcel, Aquifer Recharge Feasibility Evaluation)
CITY of BOZEMAN, MONTANA
March 2019
Parcel Description
The subject parcel is approximately 18.5 acres of primarily open pasture about 0.5 mile west of
Bozeman/Sourdough Creek near the mouth of Leverich Canyon. It is adjacent to the Mystic Lake Ditch and
the Mystic Heights rural subdivision (Figure 1).
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Figure 1.Location and legal description of the Leverich Property.
Proposed Scope of Work
The project is organized into three general tasks to be completed in order. As each task is completed,
accumulated data will be analyzed and used to reevaluate and direct the next task.
City of Bozeman,Montana 1
Groundwater Investigation—Phase 3A
Scope of Services and Cost Summary
Task 3.11—Monitoring Wells
Install two monitoring wells on the property.The wells would serve multiple purposes:
1. Allow examination of the subsurface material and determine its suitability for aquifer recharge.
2. Determine the depth-to-water beneath the property.
3. More accurately determine vertical and horizontal groundwater flow gradients and directions at
the location.
4. Provide monitoring wells on the property to begin long-term monitoring of aquifer conditions
(water-table position and seasonal fluctuation).
Two boreholes would be drilled to about 100 feet, but the completed wells would likely be shallower(40
to 60 feet). The two wells could be completed at different depths to examine vertical groundwater flow
gradients, if any. Completed wells should be 4-inch-diameter PVC to allow for ease of sampling and test
pumping.The wells would be located downgradient of the proposed infiltration test site (Figure 2).
Prior to any drilling, it would be beneficial to contact adjoining property owners and community groups
(i.e., Mystic Heights HOA)to inform them of COB's plans for the property and to enlist their cooperation.
This cooperation would consist of allowing RESPEC to access their domestic wells to measure water levels
and possibly collect water samples. Prior notification and communication with neighbors is strongly
encouraged. This will prevent speculation about activity at the site and hopefully encourage mutual
dialog. The project also presents an opportunity to educate property owners about their water supply.
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Figure 2.Location of proposed infrastructure.
City of Bozeman,Montana 2
Groundwater Investigation—Phase 3A RE—SPEC
Scope of Services and Cost Summary
Task 3.12-Geotechnical Boreholes
Seven to 10 small-diameter borings would be placed across the site to more thoroughly characterize the
shallow subsurface conditions and material (Figure 2). Boreholes can be completed as piezometers to
monitor potential effects of enhanced recharge.
Task 3.13- Infiltration Testing.
Excavation of test trench(es)used to conduct infiltration testing(Figure 2).Water will be pumped into the
trench(es)to estimate potential enhanced recharge rates.
Instrumentation
Pressure transducer/recorders should be installed in the monitoring wells to measure and record water-
level fluctuations. The recorders would be periodically downloaded, and the data maintained in a
spreadsheet database.These wells would constitute the beginning of long-term groundwater monitoring
at the site. Recorders should also be installed in piezometers for the duration of any infiltration testing.
Cost Summary
Task Breakdown:
Task 3.11: $20,250
Task 3.12: $10,750
Task 3.13: $11,250
Total: $42,250
Includes:
1) Hydrogeologist Labor: contact/discussions with neighbors, measuring nearby wells, borehole and
well installation supervision, testing design and supervision, installation of instruments, data
management and analysis, and summary report of results.
2) Subcontracted drilling services: 200-feet of air-rotary drilling and monitoring well installation,
geotechnical borehole and piezometer installation.
3) Equipment:Two, in-situ LT-500 transducers with vented cables.
4) Equipment rental for infiltration testing including,transducers, pumps,generators,flow meters, and
pipe rental.
City of Bozeman,Montana 3
Groundwater Investigation—Phase 3A RESPIEL
Scope of Services and Cost Summary