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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) r 5 4{ 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). L -A CJTI'N OpifIMN R AMVlM,S91/11710 lln3ll ;A IN 1Mw r i rrs•rra Igem aloyd" laY IIMIIe•d. - 11rIwq 11w11q i 11'vl Owldb...:,. •. .. 1lwkal ar.w...rY: I.K.rr M:? IMnrd `����� t I r.pngryhln Irma". 1 I IIIYIi�; VrrY1nO IY9•r • Ste_-• -•, ` Mrti.II•rd bdo •• �.• larrrRl/1 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. i ' 11 F. Geotechnical Borings I t r t Mgt. nfillration Trenc 44 w.` tt 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