HomeMy WebLinkAbout23 - Professional Services Agreements - DOWL, LLC - Stormwater Facilities Plan DocuSign Envelope ID:02DA0807-F2D7-4F2D-80EE-D1E8EBB2EA75
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FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
Stormwater Facilities Plan Update dated May 24, 2022 (the "Agreement") is made and entered
into this 25th day of April , 2023, by and between the CITY OF BOZEMAN,
MONTANA, a self governing municipal corporation organized and existing under its Charter and
the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing
address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as "City," and DOWL,
LLC, hereinafter referred to as "Contractor."
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged,the parties hereto agree to amend the Agreement
as follows:
1. Updated Scope of Services: The attached scope of services and budget outlines
additional tasks which will inform the Facilities Plan Update
The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall
be on the basis of merit and qualifications. The Contractor will have a policy to provide equal
employment opportunity in accordance with all applicable state and federal anti-discrimination
laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar
a person from employment, or discriminate against a person in compensation or in a term,
condition, or privilege of employment because of race, color, religion, creed, political ideas,
sex, age, marital status,national origin, actual or perceived sexual orientation, gender identity,
physical or mental disability, except when the reasonable demands of the position require an
age, physical or mental disability, marital status or sex distinction. The Contractor shall be
subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2,
United States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with
the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal
Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that
First Amendment to Professional Services Agreement for Stormwater Facilities Plan Update
FY 2023—FY 2024
Pagel of 3
DocuSign Envelope ID:02DA0807-F2D7-4F2D-80EE-D1E8EBB2EA75
Contractor has been found guilty of within 60 days of such finding for violations occurring during
the term of this Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing
services under this Agreement.
2. Agreement still valid.All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
First Amendment to Professional Services Agreement for Stormwater Facilities Plan Update
FY 2023—FY 2024
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DocuSign Envelope ID:02DA0807-F2D7-4F2D-80EE-D1E8EBB2EA75
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN,MONTANA DOWL, LLC
DocuSigned by:
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DocuSigned by: 5 �2 by:
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Mihelich, City Manager Print Name: Wade Irion
Title: DOWL Water Practice Lead
APPROVED AS TO FORM
ByFDocuSigned by:
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Greg Sullivan, Bozeman City Attorney
First Amendment to Professional Services Agreement for Stormwater Facilities Plan Update
FY 2023—FY 2024
Page 3 of 3
DocuSign Envelope ID:02DA0807-F2D7-4F2D-80EE-D1E8EBB2EA75
Scope of Work for West Bozeman Flow Measurement Program
The following scope of work summarizes tasks to be completed by DOWL to collect flow data along the
south-to-north drainage on the West side of Bozeman below Farmers Ditch for the 2023 Spring to Fall
season.The tasks below highlight the effort to set up, maintain, calibrate, and tear down a single flow
measurement site.The associated budget assumes six sites will be set up along the South to North
drainages. DOWL has assumed collection at each site from Late April to Mid-October collecting flow
depth readings every 15 minutes.
Project Management
• DOWL will perform general project management tasks including setting up the contract,
invoicing and coordinating with the City of Bozeman.
Assessment of Flow Measurement Sites
• DOWL will perform a preliminary evaluation of the various south-to-north drainage to access
which drainages to install flow measurement devices. Nine drainages will be initially reviewed
and it's assumed that 3 to 5 drainages will be recommended for flow measurement.
o Take pictures of locations potential locations.
o Collect general drainage ditch dimensions.
o Assess high water marks and baseflow conditions.
• DOWL will coordinate with the City of Bozman on the recommendation of the drainages to be
measured. Flow measurement devices may be installed at multiple locations along a drainage to
understand contributing runoff developed areas of the City.
Flow Measurement Program
• DOWL will travel to the site and set up the flow depth measurement equipment.
o Survey a cross-section of the ditch and channel flowline points upstream and
downstream to estimate the slope of the ditch.
o Install the In-Situ flow piezometer at the edge of the channel banks and verify the
elevation it is set at.
o Take pictures of the cross-section at setup.
• DOWL has assumed the City of Bozeman will participate in one of the site set ups and initial flow
measurement collection for some internal in-the-field training. DOWL will step through the flow
measurement equipment,set up and program the equipment, and step through flow
measurement collection using the HACH flow meter.
• Process data and develop a preliminary rating curve for each cross-section using some
estimated values.
• DOWL will travel to the site and use a Hach meter to determine the current flow rate at the site.
Three actual measurements will be performed at each site.
o Take pictures of the ditch at the time of flow measurement.
o DOWL may download the collected depth data from the In-Situ piezometer depending
on the setup conditions.
o Use flow measurement value to calibrate the cross-section rating table.
DocuSign Envelope ID:02DA0807-F2D7-4F2D-80EE-D1E8EBB2EA75
• DOWL will travel to the site and tear down the equipment at the end of the collection period.
• Develop final deliverables, GIS map of the flow measurement sites,flow rate chart for each site
and an excel document with all the collected flow data and photos.
Cost Estimate
$32,000