HomeMy WebLinkAbout03-23-20 City Commission Packet Materials - C13. TO4 with DOWL LLC for Manley Ditch Rehab Proj
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Kyle Mehrens, Stormwater Program Coordinator
Mitch Reister, Director of Public Works
SUBJECT: Task Order #4 - Environmental Permitting for the Manley Ditch Rehabilitation Project under the authority of a previously executed Professional Services Master Task Order Agreement with DOWL, LLC
MEETING DATE: March 23, 2020
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Interim City Manager to sign Task Order #4 - Environmental Permitting for the Manley Ditch Rehabilitation Project under the authority of a previously executed Professional Services Master Task Order Agreement with DOWL, LLC.
BACKGROUND: In 2019, Staff: (1) advertised a Request for Qualifications for on-call
engineering services, (2) selected DOWL, LLC (Consultant), (3) negotiated a Master Task Order Professional Services Agreement (PSA), and (4) received PSA approval from the Commission. Staff uses the Consultant as projects arise, and funding is available. Task Order #4 - Environmental Permitting for the Manley Ditch Rehabilitation Project (Task Order #4) is attached and ready for the Commission’s consideration.
Task Order #4 covers additional services to supplement work completed under a previously approved Task Order. Task Order #1 - Manley Ditch Rehabilitation Project (Task Order #1) provided for the design of the City’s FY20 Manley Ditch Rehabilitation Project (Project). The Project includes the rehabilitation of a historical drainage ditch that conveys stormwater from a 58-acre drainage basin to the Cherry Creek Fishing Access (Cherry Creek) owned by Montana
Fish, Wildlife, and Parks (MFWP). To date, the Consultant has completed field surveys, hydraulics analyses, water rights research, stakeholder coordination, and design. Resulting from this work, unforeseen questions outside Task Order #1’s scope have arisen that require resolution before the City can proceed with construction. The questions include:
Is the Manley Ditch a Water of the United States? The Consultant determined that a historical
spring creek used to originate within the project extent. As such, the US Army Core must complete a Jurisdictional Determination. The result will dictate if the City needs to complete additional steps, such as a wetland delineation and a 404 Permit for the entire project extent.
What environmental and infrastructure impacts will the Project have on Cherry Creek? The
Manley Ditch historically discharged water onto MFWP’s Cherry Creek property. The flow
has not existed for years since an unknown entity welded a steel plate across a culvert opening that conveys ditch flows beneath Montana Rail Link’s train tracks. Upon rehabilitation, the Consultant predicts the ditch will discharge runoff flows up to 44 cubic feet per second. To mitigate adverse impacts, MFWP has asked the City to submit an Environmental Assessment,
enhance water quality controls, and install rip-rap to an erosion-prone pedestrian bridge. The
work will require various permits, designs, and assessments to complete.
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Task Order #4 provides the Consultant the ability to resolve the unforeseen questions, complete
Project design, and obtain required permits. The Consultant will bill on a “Time and Material Basis”, only completing work necessary to move the Project forward. Initial steps, such as determining the jurisdiction of Manley Ditch, will significantly impact the workload required and cost of Task Order #4.
UNRESOLVED ISSUES: None
ALTERNATIVES: As suggested by the Commission.
FISCAL EFFECTS: The Commission approved the Project with the FY20 Budget, totaling $100,000. Staff based the initial budget amount on a preliminary design completed in 2018. Staff focused that effort primarily on Project feasibility and rehabilitation options.
Task Order #4 is $29,890, which staff found to be commensurate with the proposed services. In
total, Task Orders #1 and #4 equal $71,911, leaving $28,089 for Project construction. Staff will likely need to re-prioritize FY20 approved projects or submit a budget amendment to complete construction of this Project once the City finalizes design and receives approvals from various stakeholders. A construction estimate is not available at this time.
Attachments: Attachment A: Professional Services Master Task Order Agreement
Attachment B: Task Order #4 - Environmental Permitting for the Manley Ditch Rehabilitation Project
Report compiled on: 3/9/2020
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Stormwater Design Professional Services Agreement Page | 1
EXHIBIT A TO PROFESSIONAL SERVICES AGREEMENT
TASK ORDER #4 – ENVIRONMENTAL PERMITTING FOR THE MANLEY DITCH REHABILITATION PROJECT
Issued under the authority of Professional Services Agreement between the City of Bozeman (City) and
DOWL, LLC (Contractor) for a range of professional and technical services, including, but not necessarily limited
to, engineering design, preparation of construction documents, project bidding, and construction administration
services for various stormwater improvement projects, as requested by the City through the issuance of individual
and consecutively numbered Task Orders on an as‐needed basis.
This Task Order is dated March ____, 20____ between the City and the Contractor.
1.0 PROJECT REPRESENTATIVES:
City: Kyle Mehrens, Stormwater Program Coordinator
Contractor: Wade Irion, Water Practice Lead
2.0 SCOPE OF WORK:
Attached Exhibit A – Task Order #4 Scope of Services – Environmental Permitting Manley Ditch
Rehabilitation Project
3.0 COMPENSATION:
The City shall reimburse the Contractor on a Time & Materials basis not to exceed $29,890.
The Contractor shall invoice once monthly for services provided in the prior month.
4.0 WORK GOVERNANCE:
The provisions of the Professional Services Master Task Order Agreement and any Special Terms and
Conditions and Exhibits or Attachments to this Task Order shall govern the Work.
5.0 SIGNATURES:
IN WITNESS WHEREOF, the parties authorized to commit resources of the companies have executed this Task Order:
CITY OF BOZEMAN, MONTANA (CITY) DOWL, LLC (CONTRACTOR)
By: Dennis Taylor By: Wade Irion
Title: Interim City Manager Title: Water Practice Lead
Signature: ___________________________ Signature: __________________________
APPROVED AS TO FORM:
By: Greg Sullivan
Title: City Attorney
Signature: ___________________________
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Task Order #4
Scope of Services - Environmental Permitting
Manley Ditch Rehabilitation Project
Introduction
DOWL has completed tasks 1 through 4 and is nearing completion of task 5 of Task Order #1 for the Manley Ditch
Rehabilitation project. The previous scope of work was limited to property research and initial coordination as it
relates to coordination with Montana Fish Wildlife and Parks (MFWP). Through that initial work, it was determined
that additional work will be required to obtain the necessary approvals and environmental permits for this project.
Task Order #4 includes the additional services to support the environmental permitting and to revise the
construction documents for approval by the permitting agencies.
Scope of Services
Task 1.Supplemental Hydraulic Analyses
During our project field visit in the company of MFWP, they expressed concern about the potential for large
stormwater flows impacting the pedestrian bridge crossing of the drain channel on the Cherry River Fishing Access
Site. DOWL will perform supplemental field surveys at this location as well as at the upstream end of the storm
drain which outfalls in the MRL right of way, south of the tracks. This survey data will be used to complete
additional hydraulic evaluations of the maximum discharge to the MRL crossing culvert and the channel capacity
under the MFWP pedestrian bridge.
Task 2.Environmental Permitting
Approved Jurisdictional Determination for Manley Ditch
To determine whether a Clean Water Act Section 404 permit will be required for Manley Ditch, DOWL will submit
a memo to US Army Corps of Engineers (USACE) requesting an approved Jurisdictional Determination (JD) for the
ditch. The memo will provide a case as to why the Manley Ditch should not be considered jurisdictional. If the
ditch can be designated non-jurisdictional, a formal delineation of the ditch itself and possible costly
compensatory wetland mitigation can be avoided. It is assumed that there will not be a need to procure mitigation
credits for this project.
Wetland Delineation
The wetland delineation will include Manley Ditch within the project limits, along with the wetland at the
proposed outfall location and the channel with the associated bridge. DOWL will conduct a wetland delineation
using the 1987 Army Corps of Engineers (USACE) Manual and the 2010 Regional Supplement – Western
Mountains, Valleys, and Coastal Region. Wetland boundaries and the Ordinary High-Water Marks of any
waterways will be mapped using a map-grade GPS unit. DOWL will obtain the required MRL temporary occupancy
permit for any activities within MRL right of way.
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Task Order #4, Scope of Services - Environmental Permitting
Manley Ditch Rehabilitation Project
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Wetland Delineation Report
Upon completion of the field delineation, DOWL will prepare a Wetland Delineation Report for submittal to the
USACE that will accompany the 404 permit application. DOWL assumes that the wetland at the new ditch outfall
and the channel to the Cherry River Fishing Access Site will be considered jurisdictional by the USACE and both
will be included in the report. Manley Ditch will also be included in the formal delineation report if the USACE
determines it to be jurisdictional.
Letters to SHPO and USFWS
Because a Section 404 permit is a federal permit, the USACE must comply with Section 106 of the National Historic
Preservation Act and the Endangered Species Act. DOWL will submit letters to the State Historic Preservation
Office and the US Fish and Wildlife Service requesting information on the proposed project. This will be completed
once we know whether the Manley Ditch is jurisdictional or not. If Manley Ditch is jurisdictional, a cultural survey
of the ditch to record the ditch and determine eligibility may also be required as part the permit application
process. This additional cultural survey report is not included with the baseline fee for this task order.
Section 404 Permit
DOWL will complete a Montana Joint Permit Application for proposed work in Montana’s Streams, Wetlands,
Floodplains, and other Water Bodies and submit to the USACE for approval and authorization of a Section 404
permit. DOWL assumes the authorization will take place under a Nationwide Permit; however, this assumption
depends on whether Manley Ditch is jurisdictional or not, and the acreage of wetland found within the ditch. If
permanent impacts to a jurisdictional waterway and/or wetlands exceeds 0.5 acre, an individual permit would be
required.
SPA 124
DOWL assumes Manley Ditch and the ditch near the MFWP fishing access are man-made ditches and not
considered natural drainages under the purview of the Montana Stream Protection Act (SPA 124). If FWP
determines that one or both of the ditches is natural, the Joint Permit Application form prepared for the Section
404 permit will be modified for submittal to Montana Fish, Wildlife, and Parks.
FWP Checklist EA
In order for MFWP to approve the use of their property for the ditch outfall and for placement of riprap under the
bridge, they have to comply with the Montana Environmental Policy Act. DOWL will complete the Checklist EA
and provide all necessary documentation.
Task 3.Revisions to Construction Drawings and Engineer’s Estimate of Construction Cost
DOWL will revise the construction drawings to include a bio-retention basin at the outfall into the Cherry River
Fishing Access Site and possibly riprap erosion protection or other protective measures at the pedestrian bridge,
as requested by MFWP. Services performed under this task will include final design and development of
construction drawings stamped and sealed by an Engineer licensed in the State of Montana. DOWL will also
provide Items and material quantities for the bid form as well as an opinion of estimated construction cost. It is
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Task Order #4, Scope of Services - Environmental Permitting
Manley Ditch Rehabilitation Project
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assumed that the City of Bozeman will assemble the construction specifications, manage bidding, award, and
contracting, as well as performing construction administration and inspection.
Task 4.Contingency for Additional Required Services
Although DOWL will attempt to control the workflow through the environmental permitting process, it is not
possible to know with certainty how the process may unfold. Given this lack of clarity, Task 4 is included as a
contingency for additional services that may be required. A fifteen (10) percent allowance is included for this
purpose.
Schedule and Compensation
The wetland delineation and Jurisdictional Determination will be completed upon “green-up” this spring. The
environmental permitting and development of the final construction documents will be completed in the summer
of 2020. It is anticipated that the City of Bozeman will conduct bidding during the late summer in anticipation of
notice to proceed for construction in the fall. This schedule is based on an assumed notice to proceed for TO #4
in March 2020.
Table 1 outlines DOWL’s fee for the proposed Scope of Services. Given the variable nature of the services
potentially required, it is anticipated that this task order will be managed on a Time and Materials basis.
Table 1 - Compensation
Task Description Fee
1. Additional MFWP Coordination and Hydraulic Analyses $ 6,240 2. Environmental Permitting $ 16,280
3. Modifications to Construction Drawings $ 4,370
4. Contingency for Additional Required Services $ 3,000
Total $ 29,890
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