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HomeMy WebLinkAbout26 - Professional Services Agreements - Advanced Engineering and Environmental Services, LLC - Bozeman Integrated Water Resources Plan First Amendment to Professional Services Agreement for Bozeman Integrated Water Resources Plan FY 2027 – FY 2028 Page 1 of 10 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Bozeman Integrated Water Resources Plan dated January 28, 2025 (the “Agreement”) is made and entered into this 4th day of August 2026, 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 Advanced Engineering and Environmental Services, LLC, hereinafter referred to as “Engineer.” 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. Article 1 – Engineering Services – Engineer will provide additional Engineering Services set forth in Exhibit A – Phase 2 Scope and Fee Description, which is hereby incorporated in and made part of this Amendment. 2. Article 6 – Compensation for Engineering Service – The City shall pay time-and-materials not-to-exceed as identified in Exhibit A – Phase 2 Scope and Fee Description. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** Docusign Envelope ID: 31F50CC4-D7DF-89B3-83C1-681C5914D045 First Amendment to Professional Services Agreement for Bozeman Integrated Water Resources Plan FY 2027 – FY 2028 Page 2 of 10 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA Advanced Engineering and Environmental Services, LLC By________________________________ By_____________________________ Chuck Winn, City Manager Print Name: Brian Bergantine, PE Title: Project Quality Director APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney Docusign Envelope ID: 31F50CC4-D7DF-89B3-83C1-681C5914D045 Exhibit A to First Amendment to PSA Dated January 28, 2025 Bozeman Integrated Water Resources Plan Phase 2 – Alternatives Analysis and Report Scope and Fee Description The objective of this project is to develop an updated Integrated Water Resources Plan (IWRP) that provides alternatives to improve Bozeman’s water supply resiliency. The ultimate deliverable for this project will include an updated IWRP summarizing the 50-year planning horizon and recommended improvements, policies, and/or programs to enhance the water supply portfolio. This project is divided into two phases with Phase 1 including support for the Water Advisory Committee and communications team. Phase 2 will provide more technical analysis on alternatives including benefits and cost and ranking analyses. The alternatives analysis will use a consistent screening framework to compare each alternative’s yield, implementation feasibility, planning-level cost, water rights considerations, environmental considerations, governance complexity, and likely implementation timeline. Unless specifically identified in this scope, Phase 2 does not include detailed design, permitting applications, environmental review documents, field investigations, geotechnical investigations, hydraulic modeling beyond planning-level screening, property acquisition services, or legal opinions. Cost opinions will be planning-level estimates developed for alternatives comparison and are not intended for construction budgeting. This document summarizes the Phase 2 scope and fee. The scope assumes that the City and its consultants will provide available studies, water rights information, operating data, GIS data, planning documents, billing data, and other background information needed to support the alternatives analysis. AE2S will rely on the completeness and accuracy of information provided by others unless otherwise stated. Phase 2: Alternatives Analysis Task 1: Alternatives Yield and Cost Analysis Deliverable: Summary of the seasonal yield over the 50-year planning period for the alternatives developed during Phase 1 Alternatives Cut Sheets - a brief 1–2-page write-up for each alternative evaluated which will include: • Brief description of the alternative • Key challenges and considerations for City of Bozeman • Yield analysis assumptions, methodology, and results • Capital and Operation and Maintenance (O&M) costs • Estimated project timeline • Environmental considerations • Water rights evaluation and implications (WGM Group) Scope: Alternative workshop with consulting team and City staff • Consulting team will present preliminary concept-level supply and costs for alternatives • City will provide feedback on preliminary assumptions Analyze the Tier 1 and Tier 2 alternatives listed below to estimate seasonal water supply yield during irrigation and non-irrigation seasons. Develop concept-level cost estimates including capital and O&M costs Develop short (~ half-page) write-ups for Tier 3 alternatives that qualitatively discuss challenges and opportunities. Include description of major current challenges and justification for excluding each alternative from Tier 1 and 2 analysis. Document assumptions and data used in the Alternatives Cut Sheets Docusign Envelope ID: 31F50CC4-D7DF-89B3-83C1-681C5914D045 Alternatives The summaries below include a high-level definition of the alternative with Phase 2 analysis scope and assumption bullets below the alternative definition. Tier 1 Alternatives Alternative Alternative Description, Analysis Scope, and Assumptions Groundwater Development within City’s Planning Boundary (GW1) Develop a municipal groundwater supply (single well or wellfield) within the City's planning boundary with mitigation for surface water impacts. Scope and Assumptions: • Coordination with City’s Groundwater Development consulting team • Qualitative assessment of deep confined aquifer development feasibility including recommended next steps to further understand hydrogeology • New groundwater permits are assumed to be limited to use between May and October Hyalite Dam Acquisition (HY1) Acquire Hyalite (Middle Creek) Dam from the Department of Natural Resources & Conservation (DNRC) to support the development of other alternatives associated with Hyalite Reservoir. This would include the city taking on the risk and liability associated with dam ownership. Scope and Assumptions: • Assess (qualitative) opportunities, challenges, and benefits • Estimate operation and maintenance costs under existing conditions (cost of O&M under future conditions where additional improvements are made to the reservoir and dam will be provided with their respective alternative, as discussed below) • Estimate costs of liability / insurance • Yield analysis for this alternative will be completed as part of other Hyalite Dam alternatives (discussed below). Hyalite Share Purchasing (HY2) Purchase shares in Hyalite Reservoir. Scope and Assumptions: • Review available historical transaction records from City to assist with share price assumptions and rate of availability Hyalite Reservoir Dredging (HY4) Analyze the need for dredging. If viable, develop dredging plan to preserve/improve active Hyalite reservoir storage capacity. Scope and Assumptions: • Assess the need for dredging. Review available information from DNRC, MCWUA, and dam tender. Estimate approximate annual sediment loading to Hyalite Reservoir • Outline recommended steps to better understand sediment loading to reservoir and cost of bathymetric survey Hyalite Optimization (HY5) Implement improvements to the existing dam infrastructure to optimize the use of water and allow winter storage/use. Includes instrumentation and controls upgrades and armoring the outlet tower. Scope and Assumptions: • Determine tools and infrastructure required to achieve optimization: tower and dam armoring, automated controls, programming for forecasted releases, electrical needs and backup power generation • Assume improvements reduce WTP operational demand, eliminate 20% conveyance loss assessment, allow winter supply • Discuss regulatory feasibility of reduction or elimination of the 20% conveyance loss assessment and recommended next steps (WGM Group) Hyalite Conveyance Loss Assessment (HY6) Work with DNRC and Middle Creek Water Users Association to eliminate the 20% conveyance loss assessed to Hyalite reservoir shareholders. Initial hydrologic investigations have indicated there is a gaining stream between the reservoir and the City’s diversion. This could be used to support a drought reserve. Docusign Envelope ID: 31F50CC4-D7DF-89B3-83C1-681C5914D045 Scope and Assumptions: • Assess legal framework Non-Potable Irrigation for New Development (NP3) Require new developments to install irrigation systems supplied by existing irrigation water rights to reduce potable water use in open spaces and parks. Scope and Assumptions: • Determine the area within the City Planning Boundary that may include shared parks and open space and quantify irrigation demand. Refresh duty factors developed in 2022 as part of the City’s Wastewater Collection System Facility Plan. • Determine parcels within Planning Boundary with associated ditch rights and quantify potential supply (WGM Group) • Cost Analysis: develop capital and O&M costs for irrigation infrastructure on a per gross acre basis (e.g., 10 acres of residential development requires X acres of irrigable parks/open space, which requires Y quantity of irrigation infrastructure, which costs Z dollars) • Assess water right challenges/requirements and cost of water right permitting (e.g., change of use application) (WGM Group) • Summarize information on non-potable irrigation policies in other communities/utilities Managed Aquifer Recharge (O1) Utilize existing canal/ditch systems, gravel pits, or other valley features for groundwater recharge to mitigate groundwater development depletions. Scope and Assumptions: • Coordination with City’s Groundwater Development consulting team • Discuss natural ditch leakage for recharge infrastructure to determine volume available for mitigation (WGM Group) • Assess range of costs for various types of MAR and provide qualitative description of infrastructure needs Sourdough Supply Aquifer Storage and Recovery (O2) Utilize the City’s Sourdough Mystic Lake right and/or Municipal Reservation to recharge/store water in the aquifer upgradient of the City. The goal of storage would be to store spring peak runoff flows in the aquifer and pump the water from the aquifer in the summer months to recover the stored water, using stored water when the water is needed most, particularly in late summer months. Scope and Assumptions: • Quantify range of costs for various types of ASR and provide qualitative description of infrastructure needs • Coordination with City’s Groundwater Development consulting team - currently working on quantifying ASR capacity along the Gallatin Front. Lyman Utilization (O8) Continue to identify opportunities to optimize the use of Lyman Spring. Scope and Assumptions: • Assess strategies to optimize the use of Lyman Spring Drought Reserve (R2) Establish a drought reserve within existing municipal supplies, such as allocated Hyalite storage, Hyalite conveyance loss, or leased agricultural rights. This would hold water in reserve for emergency use during a drought event and would reduce the water supply available for new development and growth. Scope and Assumptions: • Provide high level recommendations on policy and structure of drought reserve • Provide recommendations on next steps Sourdough Naturalized Storage (SD3) Implement nature-based storage improvements (e.g., beaver dam analogs or small wetland impoundments) to enhance water retention and normalize flow throughout the year. Scope and Assumptions: • Qualitatively describe benefits of nature-based storage on Sourdough hydrology. Estimate range of “yield” improvements • Assess challenges with this alternative for improving public water supply Water Rights Acquisition (WR1) Acquire and change existing surface water rights within the Sourdough and Hyalite watersheds for municipal use. Note that there would still be some benefit to reliable yield if senior holder’s rights were retired – they may provide short-term benefit to the City while change applications are being processed. Docusign Envelope ID: 31F50CC4-D7DF-89B3-83C1-681C5914D045 Scope and Assumptions: • Complete high-level analysis of consumptive use available to change to municipal purpose (WGM Group) • Water right market assessment for assumed costs – review existing literature (WGM Group) Water Reclamation Facility Reuse for Irrigation Targeted Applications (WRF2) Utilize WRF effluent for irrigation of City parks, golf courses, and other non-potable applications such as snowmaking. This alternative would require additional treatment at the WRF (Class A-1), piping, and pump systems. Scope and Assumptions: • Assess water billing data (past 3 years) to identify existing large outdoor water users. • Qualitative discussion on disposal permit implications to change to requiring irrigation • Costs of infrastructure required Tier 2 Alternatives Alternative Yield and Cost Analysis Scope and Assumptions Groundwater Development with Belgrade (GW2) Develop a joint groundwater supply (single well or wellfield) between Bozeman and Belgrade, where hydrogeologic conditions may support higher yields and simpler mitigation. Scope and Assumptions: • Provide a high-level discussion of governance options and challenges • Consulting team will review Groundwater Development consulting team analysis and assumptions for yield and costs of West Gallatin River Alluvium alternative Groundwater Development outside City’s Planning Boundary (GW5) Develop a municipal groundwater supply (single well or wellfield) outside the City's planning boundary. • See Groundwater Alternative Assumptions Above Hyalite Dam Raise (HY3) Implement physical modifications to Hyalite dam to increase storage and available shares. Scope and Assumptions: • Review LiDAR to determine a reasonable dam raise elevation and associated additional storage • Assess regulatory challenges • Develop a general roadmap for implementing a dam raise project • Review cost and yield assumptions made in the Middle Creek Dam Rehabilitation Feasibility Study (DNRC, 1985) Missouri River Supply Import (I1) Develop a water treatment and delivery system to utilize Missouri River / Canyon Ferry water. Scope and Assumptions: • Refresh Regionalization analysis and qualitatively discuss three options of utilizing Missouri River (Canyon Ferry diversion, Missouri River diversion, and water banking/marketing) • Describe water rights issues for each diversion sub-alternative and discuss approach to mitigating legal challenges (WGM Group) • Define cost for each diversion sub-alternative Non-Potable Irrigation Citywide Utility (NP1) Develop a city utility to distribute non-potable water throughout the City for irrigation, supplied by the transfer or lease of existing irrigation rights. Scope and Assumptions: • Develop costs on a per acre basis • Yield: No new supply is created, but outdoor demand is reduced Non-Potable Irrigation for Targeted Retrofit Applications within City Limits (NP2) Retrofit existing City parks, open spaces, and/or commercial properties to utilize non-potable irrigation sources. Scope and Assumptions: • Coordinate with City staff to help identify largest public open space municipal water users (e.g., softball complex). • Assess options for supplying non-potable water to replace municipal water use may include exempt wells, existing wells with transferred rights, ditch rights Docusign Envelope ID: 31F50CC4-D7DF-89B3-83C1-681C5914D045 • Develop cost estimate for areas specified as target locations (if using exempt wells, may need irrigation storage depending on demand) Non-Potable Irrigation for all New Development (NP4) Require new developments to install irrigation systems supplied by existing irrigation water rights to reduce potable water use in open spaces, parks, and individual private lots. These systems would be maintained by the HOA. Scope and Assumptions: • See Alternative NP3 for scope Valley Storage within City’s Planning Boundary for Water Supply (O3) Utilize existing gravel pits or valley features for localized storage of spring peak flows or transfer/lease of surface water rights. The goal of storage would be to provide a new supply for potable or non-potable use by the City. Scope and Assumptions: • Identify potential storage locations • Identify potential water rights • Develop costs for conveyance, storage, and treatment options Canal Company Impoundment (e.g., Salar concept) (O4) Municipal water supplied by a reservoir on a property that has access to canal systems. The City could lease or own water rights. Infrastructure could be City owned or private venture. Scope and Assumptions: • Refresh 2013 Salar project assumptions and costs • Water rights consultant to provide opinion on supply range possible by reviewing ditch water rights on various canals/ditches and cost of leasing or buying / transferring water right Cloud Seeding (R1) Enhance precipitation in the Lyman, Sourdough, and Hyalite watersheds by cloud seeding. This is a resiliency project. Scope and Assumptions: • Review and summarize studies and applications of cloud seeding in neighboring States • Discuss various infrastructure options and costs • Discuss governance Utility Interconnect (R3) Establish a physical connection to a neighboring community’s water supply system (e.g., Belgrade) to utilize during an emergency. Scope and Assumptions: • Assess challenges with authority under current law and recommended next steps to continue pursuing this option (WGM Group) • Assess water right challenges • Assess likely infrastructure needed and costs Watershed Restoration to Improve Yield (R4) Implement watershed restoration projects (e.g., floodplain reconnection, forest management, streambank stabilization) to enhance runoff retention and water yield. These projects must clearly demonstrate that they will expand the City’s water supply in order to use funding sources that the City relies on to support supply development/expansion projects. Scope and Assumptions: • Review case studies of snow mounding and discuss opportunities and challenges • Assess water right challenges Snow Fencing / Mounding (R5) Develop passive or active strategies to collect snow within the Lyman, Sourdough and Hyalite basins to act as mini-reservoirs, reducing evaporation/sublimation and extending snowmelt. This is a resiliency project. Scope and Assumptions: • Review case studies of snow mounding and discuss opportunities and challenges • Assess water right challenges Sourdough Storage Traditional Impoundment (SD1) Develop a single (<6,000 ac-ft) dam and reservoir within the Sourdough drainage to consolidate and maximize use of the legally available storage volume under the Mystic Lake water right and Municipal Reservation. Docusign Envelope ID: 31F50CC4-D7DF-89B3-83C1-681C5914D045 Scope and Assumptions: • Review previous reports regarding Sourdough reservoir development to understand cost and storage assumptions (Sourdough Creek Reservoir Development Plan, April 2011) • Assess permitting challenges/constraints Sourdough Storage Multiple Lowhead Dams (SD2) Develop multiple impoundments within the Sourdough drainage to utilize and maximize the historical Mystic Lake and/or Municipal Reservation rights. Scope and Assumptions: • Review similar case studies • Assess water right implications and opportunities (WGM Group) • Discuss permitting challenges/constraints • Estimate cost of constructing multiple smaller impoundments within the Sourdough drainage Water Marketing (WR2) Develop agreements to access water from existing rights holders through leasing, acquisition, or exchange. This may include short-term leases allowed under DNRC rules (e.g., temporary changes up to 180 ac-ft/year), longer-term transfers requiring DNRC change authorization, or partnerships with entities such as the Gallatin Water Trust that can aggregate, manage, and market water on behalf of multiple irrigators. Scope and Assumptions: • See scope for Alternative WR1 • Discuss Gallatin Water Bank opportunities and potential framework for leasing water Water Reclamation Facility Reuse for Industrial Applications (WRF4) Deliver WRF effluent to industrial users to offset potable use. Given the lack of large industrial/commercial users in the City currently, this alternative could be a policy to encourage/require future industry use of WRF effluent or other non-potable water, such as recycled water. May require additional treatment at WRF, piping, and pump systems. Scope and Assumptions: • Assess water treatment requirements for various industrial uses • Verify policies and water right implications Water Reclamation Facility Reuse for Direct Potable (WRF5) Treat and reuse WRF effluent for direct potable use through connection to the existing distribution system. This alternative would require additional treatment at the WRF (Class A-1), piping, and pump systems. Scope and Assumptions: • Develop cost estimates for infrastructure needs (treatment, storage, pumping, distribution) • Verify policies and water right implications Water Reclamation Facility Reuse Groundwater Recharge or ASR (WRF6) Recharge groundwater using WRF effluent (e.g., via existing infiltration/percolation beds and/or injection wells) to offset groundwater withdrawals or enhance local aquifer storage. This alternative may require additional treatment at the WRF (Class A-1 for injection wells) and pump systems. Scope and Assumptions: • Develop cost estimates for infrastructure needs (treatment, storage, pumping, distribution) • Verify policies and water right implications Tier 3 alternatives will not be evaluated in detail for this IWRP Update because they are assumed to have prohibitive legal, physical, governance, environmental, or social challenges. Tier 3 Alternatives Alternative Justification for No Further Analysis Adjacent Drainage Supply Development (I2) Very challenging from a water right perspective and large investment for likely small return Ditch Improvements (O5) Environmental and social drawbacks exceed potential yield The ditch/canal system throughout the valley provides groundwater recharge, habitat, and agricultural benefit Docusign Envelope ID: 31F50CC4-D7DF-89B3-83C1-681C5914D045 Rainwater Capture and Reuse (O6) Very challenging from a water right perspective and large investment for likely small return Stormwater Capture and Reuse (O7) Very challenging from a water right perspective and large investment for likely small return Salvaged Water (WR3) Very challenging from a water right perspective and large investment for likely small return Water Reclamation Facility Reuse for Irrigation in New Development (WRF1) Cost benefit ratio very high Water Reclamation Facility Reuse for Irrigators (WRF3) Environmental and social drawbacks exceed potential yield Task 2: Project Management, Coordination with Water Advisory Committee, Recommendations, and IWRP Adoption Support Deliverable: Monthly invoices, WAC meeting presentation slides, City Commission meeting attendance, and content creation support Scope: Develop draft recommendations which may generally include Tiered supply alternative priorities and next steps Participate /present at alternatives review WAC Workshop (May 2026) to discuss which alternatives will not move forward. Participate / present at alternatives analysis WAC Workshop, expected November 2026 Participate / preset at WAC Recommendation Workshop, expected December 2026 Participate / present at Draft Report Review WAC Workshop, expected March 2027 Participate / present at City Board meetings (Community Development, Sustainability, and Economic Vitality), expected June 2027 Participate / present at City Commission meeting to adopt IWRP, expected June 2027 Assumptions: Phase 2 scope assumes three 3-hour long workshops attended in-person by Project Manager (May 2026 WAC meeting, WAC Alternatives Workshop, and WAC Recommendations Workshop) Phase 2 includes Sarah Church budget for evaluating social criteria and participating in WAC workshops Task 3: IWRP Report Deliverable/Scope: Executive Summary (20-40 pages) with appendices, including Basis of Planning Technical Memorandum and Alternatives “Cut- Sheets” Report review assumptions: 1) First draft to be reviewed by City staff 2) Second draft to be reviewed by WAC 3) Third draft assumed to be 95% complete; substantial comments from City Boards, the public, or the Commission are not anticipated Docusign Envelope ID: 31F50CC4-D7DF-89B3-83C1-681C5914D045 Project Schedule: Schedule below assumes August 4, 2026 Notice to Proceed: • City Staff Alternatives Workshop – week of September 14, 2026 • Draft Alternative Cut-Sheets – week of September 28, 2026 • WAC Alternatives Workshop – November 2026 • WAC Recommendation Workshop – December 2026 • Draft Executive Summary – January 2027 • WAC Draft Report Review Workshop – March 2027 • Final Executive Summary and Report Deliverables – May 2027 • IWRP Adoption Support – June 2027 Fee Schedule: Task PM Senior QC E1 Graphics AE2S Fee Sarah Church WGM Group Jacobs Total Fee hourly rate $246 $317 $182 $117 Task 1 – Alternatives Yield and Cost Analysis 35 15 101 0 $31,747 $0 $42,000 $55,005 $128,752 Task 2 – Project Management and WAC Coordination 84 9 32 0 $29,341 $9,000 $0 $0 $38,341 Task 3 – IWRP Report 14 8 36 20 $14,872 $0 $2,100 $14,220 $31,192 Total 133 32 169 20 $75,960 $9,000 $44,100 $69,225 $198,285 AE2S Hours Subconsultants Fee Docusign Envelope ID: 31F50CC4-D7DF-89B3-83C1-681C5914D045