HomeMy WebLinkAbout20- Task Order 4 - DOWL, LLC - Environmental Permitting for the Manley Ditch Rehabilitation Project V 9x
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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 , 20010 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: Inter'm City Manag� Title: Water Practice Lead
Signature. Signature:
lnt� --04-1
APPROVED AS TO FORM:
By: Greg S�iv
Title: City ne
Signature:
Stormwater Design Professional Services Agreement Page I 1
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. DOWLwill obtain the required MRLtemporary 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
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
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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