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HomeMy WebLinkAbout15- RE/SPEC Inc for Groundwater InvestigationPROFESSIONAL SERVICES AGREEMENT THIS IS AN AGREEMENT made as of i —V 5 between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montan 59715 (OWNER) and RE/SPEC Inc., 3810 Valley Commons Drive #4 Bozeman Montana 59718 (ENGINEER). Whereas the accomplishment of the work and services described in this Agreement is essential to the OWNER'S public works improvement program. Whereas the OWNER intends to and has selected the ENGINEER to provide necessary and professional engineering services for the project. Whereas the ENGINEER represents that it is willing and qualified to perform the professional engineering services for this project described in this Agreement. Therefore, in consideration of the foregoing recitals and the mutual covenants and conditions contained herein, the parties agree as follows: The conditions and provisions set forth in the attached EXHIBIT A (Scope of Services), EXHIBIT B (Cost Summary), and EXHIBIT C (Project Schedule), are hereby incorporated in and made part of this Agreement. ARTICLE 1 - ENGINEERING SERVICES 1.1. The following specific work tasks are specified to complete the project: Pre -Design Investi ation 01: Project Management/Communication and Coordination with other Stakeholders 02: Identify Well Field Location(s) 03: Groundwater Supply – Physical Availability 04: Groundwater Supply– Water Quality and Source Protection 05: Adverse Effects Analysis 06: Mitigation Strategies 07: Groundwater Investigation Report 1.2. A detailed scope of services including task descriptions is provided in the attached EXHIBIT A. ARTICLE 2 - ENGINEER'S RESPONSIBILITIES 2.1. ENGINEER shall perform for OWNER professional engineering services in all phases of the Project to which this Agreement applies as hereinafter provided. These services will include, but not be limited to, serving as OWNER's professional engineering representative for the Project, providing professional engineering consultation and advice and furnishing customary civil engineering services incidental thereto. 2.2. The ENGINEER shall furnish all labor, materials, equipment, supplies, and incidentals necessary to conduct and complete the ENGINEER'S portions of the Project and to prepare and deliver to the OWNER all data, reports, plans, specifications, and recommendations as designated herein. 2.3. The ENGINEER shall ascertain such information as may have a bearing on the work from local units of government, public and private organizations and shall be authorized to procure information from other authorities as to the extent of these contacts and the results thereof. 2.4. The ENGINEER'S work shall be in accordance with the standards of sound engineering practices. 2.5. The ENGINEER shall name a Principal -In -Charge for the duration of the project. The Principal -In -Charge shall be Alan Leak, P.E. (RESPEC - Denver) 2.6. The ENGINEER shall name a Project Manager who shall be the liaison between the ENGINEER and the OWNER. The Project Manager shall be Michael Rotar, P.E. (RESPEC - Bozeman) The OWNER may name a Task Director who would be the liaison between the ENGINEER and the OWNER during the investigation segment of the Project. 2.7. The ENGINEER shall submit an estimated progress schedule at the beginning of the work, and monthly progress reports thereafter until the project is completed. ARTICLE 3 - OWNER'S RESPONSIBILITIES 3.1. The OWNER shall name a Task Director who shall be the liaison between the ENGINEER and the OWNER during the investigation segment of the Project. The Task Director designated shall be Brian Heaston, P.E. (City of Bozeman). 3.2. The OWNER shall have the right of review and examination of the ENGINEER'S work at all times. 3.3. The OWNER shall make available all records (record drawings, construction records, etc.) indicating the existing configuration of the city utilities. ARTICLE 4 - BASIC ENGINEERING SERVICES The ENGINEER shall render professional Engineering Services as follows: 4.1. PRE -DESIGN INVESTIGATION After written authorization to proceed, ENGINEER shall: 4.1.1. Consult with OWNER to clarify and define OWNER's requirements for the Project and review available data. 4.1.2. Consult with OWNER to determine active partners and stakeholders for the project, and clearly identify relationships and roles that each of the participating entities have within the project and between each other. Discuss presence of existing Memoranda of Understanding (MOUs) between participating entities and the potential need to formalize additional interactions between entities with written documentation (e.g., MOU or other instrument). 4.1.3. 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. 4.1.4. Identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the Project and participate in consultations with such authorities. 4.1.5. Provide analyses of OWNER's needs, planning surveys, site evaluations and comparative studies of prospective sites and solutions. 4.1.6. Provide a general economic analysis of OWNER's requirements applicable to various alternatives 4.1.7 Develop a Mitigation Strategy to address adverse effects to existing water rights. 4.1.8. Prepare summary Technical Memoranda that contain initial findings of the pre -design groundwater investigation to include: description and documentation of the groundwater model developed as a decision-making tool for well field site selection, determination of physical availability, evaluation of water quality and source water protection, analysis of potential adverse effects due to groundwater pumping, and discussion and documentation of mitigation strategies to address adverse effects. Appropriate exhibits and sketches will be included in the technical memoranda to indicate clearly the considerations involved (including applicable requirements of governmental authorities having jurisdiction as aforesaid) and the alternative solutions available to OWNER and setting forth ENGINEER's findings and recommendations. Furnish 3 printed copies and an electronic copy (in searchable PDF format) of all Technical Memoranda. 4.1.9. ENGINEER shall prepare and furnish complete paper and electronic copies of a Groundwater Investigation Report ("Report") as requested to OWNER and at the same time furnish copies as directed by OWNER to agencies and/or other parties having regulatory responsibilities or direct financial participation in any part of the Project; provide any technical criteria, written descriptions and design data necessary to adequately define and describe a municipal well field project. Furnish 3 printed copies and an electronic copy (in searchable PDF format) of the Report and review in person with OWNER. 4.1.10. Furnish all hydrogeologic modeling files in electronic format to OWNER. The Pre -design Investigation will be completed and work products submitted within 335 calendar days following written authorization from OWNER to ENGINEER to proceed with that phase of services. ARTICLE 5 - ADDITIONAL SERVICES 5.1. If OWNER wishes ENGINEER to perform any of the following Additional Services, OWNER shall so instruct ENGINEER in writing, and ENGINEER shall perform or obtain from others such services and will be paid therefor as provided in the Agreement: 5.1.1. Legal land surveys performed to obtain data for preparing easements and rights-of-way descriptions. 5.1.2. Preparation of applications and supporting documents for governmental agencies in addition to those required under Basic Services; preparation or review of environmental studies and related services; and assistance in obtaining environmental approvals. 5.1.3. Services resulting from significant changes in the general scope, extent or character of the Project or major changes in documentation previously accepted by OWNER where changes are due to causes beyond ENGINEER's control. 5.1.4. Providing other services not otherwise provided for in the Agreement, including services normally furnished by the OWNER as elsewhere herein described. 5.1.5. Furnishing the services of independent professional associates or consultants for other than Basic Services. ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE 6.1 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER 6.1.1. Payment. For pre -design investigation services performed as Basic Engineering Services under section 4.1 of this agreement the OWNER shall pay a total sum in the amount of $ 119,175.00 for such services. Exhibit B provides a detailed breakdown of costs for each work task described in Exhibit A — Scope of Services. Labor costs are allocated to specified personnel and reimbursable expenses are enumerated. 6.1.2. Payment Schedule. Total cumulative payments for pre -design investigation engineering services (section 4.1) shall not exceed the following ceilings: $ 119,175.00 (100% of total project fee) until the Pre -design Investigation is complete and all summary Technical Memoranda and hydrogeologic model files and the final Groundwater Investigation Report have been submitted to the OWNER. 6.1.3. 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 actually 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. 6.1.4. 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 6.1 are not separately reimbursable. ARTICLE 7 - MEANING OF TERMS 7.1. AGREEMENT As used herein the term "this Agreement" refers to the contents of this document and its Exhibits attached hereto and referred to as if they were part of one and the same document. 7.2. REIMBURSABLE EXPENSES Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's independent professional associates or consultants directly in connection with the Project, such as expenses for: transportation and subsistence incidental thereto; obtaining bids or proposals from other consultants or Contractor(s); toll telephone calls and telegrams; reproduction of reports, Drawings, Specifications, and similar Project -related items; and if authorized in advance by OWNER, overtime work requiring higher than regular rates. In addition, when compensation for Basic Services is on the basis of Direct Labor Costs method of payment, Reimbursable Expenses will also include the amount billed to ENGINEER by special consultants employed by ENGINEER and authorized by OWNER (other than as an authorized Additional Services) and will also include expenses incurred for computer time and other specialized equipment, including an appropriate charge for previously established programs and expenses of photographic production techniques. ARTICLE 8 - PAYMENT PROVISIONS 8.1. TIMES OF PAYMENTS. ENGINEER may submit monthly statements for Basic Services and approved Additional Services rendered and for Reimbursable Expenses incurred; however, payments shall not exceed the ceilings provided in 6.1 and 6.2. Final payment shall be made only after acceptance of the project by the OWNER. If OWNER disputes the amount.of the billing, OWNER will notify the ENGINEER in writing within ten (10) calendar days of the receipt of bill of the dispute. 8.2. REQUESTS FOR PAYMENT. Each request for payment shall include a documentation summary of the period incremental man hours incurred, direct labor rates and billed rates, detail of reimbursable costs, total period billing, and total cumulative billing. When requested by OWNER services for distinct project segments shall be accounted and billed separately. 8.3. PAYMENT UNDER TERMINATION. In the event of termination by the OWNER upon the completion of any phase of the Basic Services, progress payments due ENGINEER for services rendered through such phase shall constitute total payment for such services. In the event of such termination by OWNER during any phase of the Basic Services, ENGINEER also will be reimbursed for the charges of pre -approved independent professional associates and consultants employed by ENGINEER to render Basic Services, and paid for services rendered during that phase on the basis of the payment provisions of the Agreement. In the event of any such termination, ENGINEER will be paid for unpaid pre - approved Additional Services and unpaid Reimbursable Expenses which are authorized under this agreement. ARTICLE 9 - GENERAL CONSIDERATIONS 9.1. TERMINATION OF AGREEMENT 9.1.1. The sole right is hereby reserved to the OWNER to terminate this Engineering Agreement for any and all causes or for its convenience at any time upon fifteen (15) days written notice to the ENGINEER. 9.1.2. If termination for default is effected by the OWNER, an equitable adjustment in the price provided for in this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the ENGINEER at the time of termination may be adjusted to cover any additional costs to the OWNER because of the ENGINEER's default. If termination for convenience is effected by the OWNER, the equitable adjustment shall include a reasonable profit, as determined by owner, for services or other work performed. The equitable adjustment for any termination shall provide for payment to the ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the ENGINEER relating to commitments which had become firm prior to the termination. 9.1.3.. Upon receipt of a termination action under paragraph 9.1.2, the ENGINEER shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the OWNER within ten (10) days copies of all data, design drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the ENGINEER in performing this Agreement, whether completed or in process. 9.1.4. In the event this Contract is terminated prior to completion, the original copies of the ENGINEER'S data, recommendations, plans, specifications, analysis and other related documents prepared by the ENGINEER prior to said termination shall be delivered to and become the property of the OWNER. 9.1.5. Upon termination, the OWNER may take over the work and may award another party an Agreement to complete the work under this Agreement. 9.1.6. OWNER'S right to terminate is in addition to any other remedies OWNER may have under the law. 9.2. INSPECTION AND AUDIT All books, papers, records, payrolls, vouchers and invoices relating to costs and expenditures incurred as to the performance of the services by the ENGINEER hereunder shall be made available to the OWNER, or their authorized representatives for audit and review, at the ENGINEER'S respective offices at all reasonable times during the contract period and for three years from the date of final payment. 9.3. EMPLOYMENT The ENGINEER warrants that he has not employed or retained any company or persons, other than a bona fide employee, working solely for the ENGINEER, to solicit to secure this contract, and that he has not paid or agreed to pay any company or person, other than bona fide employees working solely for the ENGINEER, any fee, commission, percentage, brokerage fee, gifts or any other considerations contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the OWNER shall have the right to annul the Contract without liability or in its discretion to deduct from the price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. All employees of the ENGINEER or other persons while engaged in the performance of work or services required by the ENGINEER shall be considered employees of the ENGINEER only and not of the OWNER. 9.4. NONDISCRIMINATION The ENGINEER will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti -discrimination laws, regulations, and contracts. The ENGINEER 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 ENGINEER 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. The ENGINEER shall require these nondiscrimination terms of its sub -consultants providing services under this agreement. 9.5. SUBLETTING OR ASSIGNING OF WORK The ENGINEER shall not sublet or assign any of the work covered herein without prior written approval of the OWNER. 9.6. STANDARD OF CARE In providing services under this agreement, the ENGINEER will perform in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any service should be found to be not in conformance with this standard, the ENGINEER shall, at the OWNER's request, re- perform the service at its own expense. Engineer shall also, at its own expense, make such changes, modifications or additions to the project which are made necessary as a result of the initial non-performance or the re -performance of services. The OWNER's rights herein are in addition to any other remedies the OWNER may have under the law. 9.7. LEGAL RELATIONS: 9.7.1. The ENGINEER shall, consistent with the standard care, comply with those Federal, State, and Local laws and ordinances applicable to the work to be done. 9.7.2. The ENGINEER agrees to defend, indemnify and hold harmless the OWNER, its officers, directors, agents and employees from and against any suit, cause of action, claim, cost, expenses, obligation and liability of any character, including attorney's fees, which is brought or asserted for any bodily injury, death, or physical damage to property received or sustained by any person, persons, property, business or any other entity, arising out of or resulting from, or in connection with the ENGINEER'S negligent performance of the work specified in this agreement. 9.7.3. The ENGINEER agrees to defend, indemnify and hold harmless the OWNER, its officers, directors, agents and employees, should OWNER, its officers, directors, agents or employees be named as a defendant in any action where the OWNER'S alleged liability arises from the negligent performance of the ENGINEER'S work herein described. The obligations of the ENGINEER to defend, indemnify and hold harmless the OWNER will apply to any suit, cause of action, claim, cost or obligation including, without limitation, those alleged under the common law or pursuant to a federal or state statute or regulation including those arising in tort, trespass, nuisance, and strict liability. 9.7.4. In the event the OWNER is found proportionately responsible for any damages ultimately awarded to a plaintiff or plaintiffs in any lawsuit, the ENGINEER will be responsible for only those damages, costs, or liabilities as are attributable to the ENGINEER'S percent of fault as compared with 100% of the fault giving rise to the damages. Should the OWNER be found responsible for negligence by its own officers, directors, agents or employees, then in that event the OWNER agrees to reimburse the ENGINEER for the reasonable attorney's fees and costs incurred in any defense of the OWNER in an amount proportional to the fault attributed to the OWNER. The indemnity required herein shall not be limited by reason of the specification of any particular insurance coverage in this Agreement. 9.7.5. Should either OWNER or ENGINEER be held responsible, for any damages, costs or liabilities resulting from intentional misconduct by any officer, director, agent or employee in connection with the work specified in this Agreement, then in that event, that party shall defend, indemnify and hold harmless the other as to any damages, costs or liabilities that result from or arise out of that intentional misconduct, including reasonable attorney's fees and costs which shall include costs and salary of the city attorney or other in-house counsel. Further, notwithstanding the obligations set forth in paragraphs 9.7.2 and 9.7.3 above, the ENGINEER agrees to defend OWNER where the OWNER'S alleged liability arises from intentional misconduct by the ENGINEER. Should the OWNER be found responsible for intentional misconduct by its own officer, director, agent or employee, then OWNER agrees to reimburse ENGINEER for the reasonable attorney's fees and costs incurred in any defense of the OWNER. 9.7.6. The ENGINEER shall perform this agreement as an independent contractor, and as such, is responsible to the OWNER only as to the results to be obtained in the work herein specified, and to the extent that the work shall be done in accordance with the terms, plans and specifications. The ENGINEER shall have and maintain complete control over all of its employees, subcontractors, agents and operations, being responsible for any required payroll deductions and providing required benefits, such as, but not limited to worker's compensation with statutory limits, and unemployment insurance. 9.8. INSURANCE The ENGINEER shall secure and furnish to the OWNER certificate of insurance, therein, naming the OWNER as an additional insured, to include thirty (30) days notice of cancellation or non -renewal. Without limiting any of ENGINEER's obligations hereunder, ENGINEER shall secure and maintain, until the work is completed and accepted by the OWNER, insurance coverage naming the OWNER as additional insured with minimum insurance coverage as follows: Type of Coverage Limits Employers' Liability: $ 100,000. per accident General Liability: Bodily Injury & Property Damage Single and combined $ 1,000,000. per accident General Aggregate: $ 2,000,000. Excess Liability Coverage (umbrella) $1,000,000. each occurrence Automobile: Bodily Injury covering all $ 1,000,000 each person automobiles, trucks, tractors, trailers, or $ 1,000,000 each occurrence other automotive equip- ment whether owned or rented by Engineer or owned by employees of Engineer. Property Damage covering $ 100,000 each occurrence all automobiles, trucks, tractors, trailers or other automotive equipment whether owned or rented by Engineer or owned by employees of Engineer XA Bodily Injury & Property $1,000,000 each occurrence Damage Single and combined In addition to the above insurance coverage, the ENGINEER shall secure and maintain, until the work is completed and accepted by the OWNER, and without naming OWNER as an additional insured, professional errors and omissions coverage as follows: Professional Errors & Omissions: $ 1,000,000 per claim and aggregate each occurrence 9.9. ENDORSEMENT The ENGINEER shall place his endorsement on all drawings and other data furnished by him. 9.10. OWNERSHIP OF DOCUMENTS The parties admit and agree the documents produced under this agreement are not intended or represented to be suitable for reuse by OWNER or any other individual on any other project. Any reuse without written verification or adaptation by ENGINEER will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER's independent professional associates or consultants. Files in electronic media format of text, data, graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of owner. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. 9.11. PUBLIC INFORMATION The ENGINEER shall not issue any statements, releases or information for public dissemination without prior approval of the OWNER. 9.12. PROPRIETARY RIGHTS If patentable discoveries or inventions should result from work required herein, all rights accruing from such discoveries or inventions shall be joint property of the ENGINEER and the OWNER. Provided that the OWNER, state agencies or political subdivisions and the United States Government shall have the irrevocable, nonexclusive, nontransferable and royalty -free license to use each invention in the manufacture, use and disposition, according to law, of any article or material, and in the use of any method that may be developed as part of the work described and contemplated herein. 9.13. RECORDS The ENGINEER shall maintain accounting records and other evidence pertaining to the cost incurred and to make the records available at all reasonable times during the Contract term and for one (l) year from the date of final payment. Such accounting records and other evidence pertaining to the cost incurred will be made available for inspections by OWNER. 9.14. SUCCESSORS IN INTEREST The covenants, agreements and all statements in this Contract apply to and shall be binding on the heirs, personal representatives, successors and assigns of the respective parties. 9.15. ATTORNEY'S FEES AND COSTS That in the event it becomes necessary for either Party of this Contract to retain an attorney to enforce any of the terms or conditions of this Contract or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 9.16. MODIFICATIONS AND AMENDMENTS That any amendment or modification of this Contract or any provisions herein shall be made in writing or executed in the same manner as this original document and shall after execution become a part of this Contract. In witness Whereof, the Parties hereto do make and execute this Agreement. CITY OF BOZEMAN, MONTANA BY: C" k�� (City Manager) DATE: ATTE1-7 ST: U ° 0 0 G Gp. �LL�TL`j ENGINEER BY: ( rpresidL'nt)* DATE: 7Z9 1 / 201 EXHIBIT A TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES EXHIBIT A -SCOPE OF SERVIC! GROUNDWATER INVESTIGATION CITY of BOZEMAN, MONTANA July 2015 1. INTRODUCTION The City of Bozeman ("COB") is initiating an investigation of groundwater resources within the Gallatin Valley for potential future municipal use. The goal of the project is to determine a location, or locations, where groundwater is physically available and suitable for permitting and mitigation necessary to legally appropriate water. Evaluation of potential sites for groundwater development will include, but not be limited to, an examination of locations identified in the Montana Bureau of Mines and Geology (MBMG) scoping report for the Gallatin Mitigation Bank study area (MBMG-GWIP, 2015), as well as specific site(s) studied previously for comprehensive water resource management and associated mitigation of reallocated and repurposed water rights. The MBMG will provide existing available data, assistance, and expertise within its normal scope of service to aid the groundwater investigation as it proceeds. A hydrogeologic model will be developed to facilitate prediction of aquifer drawdown (rate, spatial extent, and timing) and related streamflow depletion, and the ability of aquifer recharge to mitigate the effects of groundwater pumping. The spatial domain of the model will be inclusive of MBMG's model for the Four Corners study area, and will likely extend beyond those boundaries as dictated by the COB's Development Plan area. Potential locations for proposed well fields will be vetted against strategic selection criteria that include estimated groundwater yield, water quality factors, available recharge areas, potential adverse effects to exiting water rights, and attainable mitigation strategy. All findings of the groundwater investigation will be documented in a written report that will summarize the selection and screening process for potential well field sites, existing data gaps, issues encountered, and the framework for permitting (i.e., water rights change applications) and water rights mitigation. Recommendations for appropriate next steps in the planning, permitting and design of a well field will be presented. 2. WORK TASK DESCRIPTIONS The Scope of Services for the Groundwater Investigation includes the following two main components: City of Bozeman, Montana Groundwater Investigation Scope of Services 1 RESPECI NewFields July 2015 1. Project Management/Communication: Includes the day-to-day management of the project; adherence to scope, budget, and schedule; coordination with and reporting to COB; and implementation of quality assurance and quality control procedures. 2. Pre -Design Investigation Phase: Includes well field site evaluation and selection; groundwater model development; adverse effects analysis; development of mitigation strategies, and final project reporting. The Scope of Services is comprised of the following specific work tasks to complete the project: Pre -Design Investigation Phase 01: Project Management/Communication and Coordination with other Stakeholders 02: Identify Well Field Location(s) 03: Groundwater Supply — Physical Availability 04: Groundwater Supply — Water Quality and Source Protection 05: Adverse Effects Analysis 06: Mitigation Strategies 07: Groundwater Investigation Report General Assumptions 1. The COB's Integrated Water Resources Plan (IWRP) recommends that a groundwater source provide 5,810 acre-feet (AF) of annual water supply to meet the city's 50 -year, high-growth water demand projection. This volume of water will be used in the determination of adequate well field(s) production capacity. 2. Investigation of groundwater availability and analysis of change in groundwater levels due to land use changes has recently been completed in a portion of the project area under direction of MBMG (MBMG Open -File Report 652, 2014). This study, which covers an area directly north and south of Four Corners and immediately west of Bozeman, includes development of a hydrogeologic model used to predict changes in groundwater elevations resulting from different flow simulations. The hydrogeologic model for the Four Corners study area will be used as a starting point by RESPEC/NewFields for development of site-specific modeling at potential well field locations. MBMG is also in the final stages of reporting for another Ground Water Investigation Program (GWIP) project that covers the Belgrade/Manhattan area (located directly north of the Four Corners study area, generally encompassing an area bracketed by the East and West Gallatin Rivers and extending west of Manhattan to Logan, MT). This study report will also be evaluated by RESPEC/NewFields and its hydrogeologic model utilized, as appropriate, for this project. A project nomination was submitted in April 2015 for a new GWIP project that would provide technical support for the creation of a Gallatin Mitigation Bank by providing necessary, verifiable hydrologic analyses. This project, if prioritized and ultimately selected by the Groundwater Steering Committee, would not start until 2016. To the extent that the COB's ongoing groundwater investigation work, specifically in regards to identified well field locations and recharge sites for mitigation, could dovetail with a new MBMG study, RESPEC/NewFields commit to open communication and sharing of information, as appropriate. City of Bozeman, Montana Groundwater Investigation Scope of Services 2 RFSPF>GI NewFields July 2015 3. A number of synergistic efforts related to COB's Groundwater Investigation project are currently ongoing (or recently concluded). These include: 1) MBMG's hydrogeologic investigations (Four Corners and Belgrade/Manhattan study areas); 2) a project nomination for a new GWIP project to support development of a groundwater mitigation bank (jointly submitted by COB and Montana Aquatic Resources Services — MARS); 3) submittal of a watershed planning grant application to the RRGL program within MT-DNRC to assist with developing the framework and implementation for initial set-up of a mitigation bank (COB, July 2015); and 4) a Masters' Student Group Thesis project (June 2016 - April 2016), the purpose of which is to define an operational framework that can be used to administer and ensure the long-term viability of a groundwater mitigation bank in the Gallatin Valley (UC -Santa Barbara, Bren School of Environmental Science & Management). RESPEC/NewFields are prepared to work in a collaborative manner with the various entities involved in these efforts. Ultimately, RESPEC/NewFields' level of formal involvement and participation with this coalition of stakeholders will be at the direction of COB staff. 4. Previous feasibility studies for development of groundwater using a combination of water right change applications for surface water rights have been completed is support of private development ventures in the Gallatin Valley. The 'Salar' site, located south of the Elk Grove residential community near Four Corners, represents one such project designed to provide off -stream water storage infrastructure that could be used for direct, year-round water supply for agricultural or municipal purposes or to supply mitigation water for groundwater development. Extensive physical data collection and conceptual design development has been completed for this project. Furthermore, in June 2011, the City Commission voted to sign a Memorandum of Understanding (MOU) with Salar Properties, LLC, and agreed to assist Salar in evaluating risks and benefits associated with the project. Currently, the Salar project is considered to be a potential pilot site for a groundwater mitigation bank project. RESPEC/NewFields understand the importance of the Salar site and agree to work with COB towards further evaluation of this site as a potential source of mitigation water in conjunction with well field siting. 5. COB is responsible for all easement and right -of -entry services as may be necessary for private property access during the project. COB responsibilities include: a. Acquiring right -of -entry agreements as necessary within the project area. b. Negotiations with landowners for easements and rights -of -entry. 6. RESPEC/NewFields will not be held responsible for delays in the schedule caused by matters outside of our control. 7. Out of scope items will be identified as soon as possible by RESPEC/NewFields' project managers. These items will be negotiated with COB for inclusion in the contract, as needed. We encourage open dialogue about this and will actively seek opportunities to increase efficiencies throughout the course of the project to avoid budget overages. Staffing RESPEC will be the prime consultant for purposes of contracting with COB and will be the primary firm for communication between COB and the RESPEC/NewFields team. However, we encourage open communication during the project and support direct contact between representatives of both RESPEC City of Bozeman, Montana Groundwater Investigation Scope of Services 3 RESPECI : NewFields July 2015 and NewFields and COB staff, as appropriate. Primary contact persons at each company, and their roles within this project, include: 1. RESPEC: Michael Rotar, PE Project Manager: primary contact (Bozeman) for all administrative matters and team coordination; engineering co -lead Matthew Johnson, PE Assistant Project Manager: secondary contact (Bozeman); engineering co -lead Alan Leak, PE Principal -in -Charge: water rights lead; municipal water supply planning/design lead 2. NewFields: Cam Stringer, P. G. Assistant Proiect Manager: public water supply development; aquifer characterization; groundwater modeling Adam Perine Assistant Project Manager: public water supply development; water rights/mitigation planning Task 01 Project Management and Communication Objective: Provide effective project management targeted towards efficient completion of the project. Coordinate with COB staff and other groups currently involved in related efforts within the project area regarding groundwater development and mitigation. Engineer Services: 01.1 Project Management 1. Finalize detailed scope of services, budget and schedule for the project. 2. Manage RESPEC staff throughout project duration. 3. Manage schedule and budget. 4. Provide quality assurance (QA) review of all deliverable work products. 5. Manage sub -consultants (NewFields); integrate into overall project work flow; process invoices. 6. Prepare and submit monthly invoices to the COB. 7. Prepare and submit monthly progress reports to COB that summarize: (1) work completed during current reporting period, (2) budget expended to date and remaining budget, (3) anticipated work to be completed during next period, and (4) any decisions or information required from the COB. 01.2 Project Meetings 1. Conduct kickoff meeting with COB staff to discuss project schedule and work flow, and refine as necessary. Establish communication protocols. Review project objectives and discuss proposed work products. Further evaluate and identify means of integrating work produced for this project with other ongoing efforts and projects. NOTE: This meeting can likely be held via teleconference to include key RESPEC/NewFields staff located outside Bozeman. City of Bozeman, Montana Groundwater Investigation Scope of Services 4 RUECI NewFields July 2015 2. Conduct one interim meeting during the project for the purpose of updating COB staff on progress of the project and to allow for more formal presentation and discussion of work products, as applicable. This meeting will be scheduled at a strategic point during project evolution by mutual agreement of COB and RESPEC/NewFields. 3. Conduct a final project meeting for the purpose of presenting draft final work product(s) to COB staff and to discuss and findings and conclusions from the work as well as recommendations for next steps in project development (e.g., well field design and permitting). This meeting will occur at the substantial completion stage of the project, once all deliverable documents and work products have advanced to draft -final status. 01.3 Outside Meetings with other Stakeholders 1. Attend up to four (4) meetings with local groups that are conducting other efforts related to the COB Groundwater Investigation project. Other stakeholder groups include: MBMG, TU, MARS, TNC, and the UCSB-Bren School Masters' Thesis group. Summary of Scoped Project Meetings: ■ One (1) kickoff meeting with COB staff to discuss project start-up. RESPEC/NewFields will prepare a meeting agenda and lead the discussion. Duration of the meeting is expected to be 2 hours or less. ■ One (1) interim meeting with COB staff to discuss project status. RESPEC/NewFields will prepare a meeting agenda and lead the discussion. Duration of the meeting is expected to be 3 hours or less. ■ One (1) final meeting with COB staff to present and discuss project findings and conclusions, as well as provide recommendations for future project development. RESPEC/NewFields will prepare a meeting agenda and lead the discussion. Duration of the meeting is expected to be 3 hours or less. ■ Up to four (4) meetings with local groups that are conducting other efforts related to the COB Groundwater Investigation project. Engineer Responsibilities: 1. Lead all project management tasks. 2. Lead all project management meetings and conference calls. 3. Prepare meeting agendas and minutes. 4. Provide CIA for all deliverable work products. 5. Prepare and submit monthly progress reports and invoices to COB. Engineer Deliverables: 1. Kickoff meeting agenda and minutes, including list of action items. 2. Interim and final project meeting agendas and minutes, including list of action items. 3. Monthly progress reports (submitted with invoices). 4. Monthly invoices. COB Responsibilities: 1. Participation in all project management meetings and conference calls. 2. Review of all submitted work products and timely return of comments. 3. Prompt processing and payment of compliant invoices. City of Bozeman, Montana Groundwater Investigation Scope of Services 5 RE%WV , NewFields July 2015 4. COB staff will provide all coordination (communication, scheduling, venue selection, etc.) with agencies, general public, and other participants to set-up and lead public or outside stakeholder meetings. This will also include production of meeting agenda and minutes. Assumptions: 1. Project management scope and budget continues through completion of the project, with a scheduled duration of 11 months. 2. Invoices and back-up documentation will meet COB requirements. Task 02 Identify Well Field Locations Objective: Using the MBMG scoping report (2015) as a guide, identify strategic tracts of land within the project area that are most suitable to develop a municipal well field(s) and explain criteria utilized for such identification. Engineer Services: 02.1 Create Geodatabase 1. Develop geodatabase using GIS to incorporate multiple data parameters (layers) for use in screening potential well field locations. 2. Coordinate with COB's GIS Department, MBMG, and other available data sources to build geodatabase. 02.2 Identify and Document Screening Criteria for Well Field Sites 1. Develop a suite of screening criteria to be used to evaluate and determine suitable well field sites. Existing MBMG data; COB, Gallatin County, Montana Natural Resource Information System (NRIS) data; MT-DNRC water rights data; and data from other recent groundwater assessments (e.g. Salar site) will be used to establish well field suitability criteria. 2. Coordinate with other stakeholder efforts, to the extent practicable, in identification of potential well field sites. The level of RESPEC/NewFields' coordination with other groups in this process will occur at the direction of COB. 3. Document and explain screening criteria for well field siting in a Technical Memorandum to be submitted to COB. Engineer Deliverables: 1. Technical Memorandum that describes the process for selection of well field site evaluation criteria. 2. Working geodatabase files (ArcMap 10.1), as appropriate, for interaction with COB on development of well field selection process. COB Responsibilities: 1. Provide direction to the RESPEC/NewFields team regarding the extent to which coordination with other groups (e.g., MARS, UCSB-Bren School students) is desired as part of the identification and selection process for potential well field sites. City of Bozeman, Montana 6 Groundwater Investigation PISMO ■ NewFields Scope of Services July 2015 Assumption: 1. Timely availability of MBMG's scoping report for the Gallatin Mitigation Bank study area, which will be used in conjunction with MBMG's Four Corners study area report (Open -File Report 652) for preliminary identification of screening criteria for well field siting. It's anticipated the scoping report will be available by Aug. 15, 2015. RESPEC/NewFields' staff have already had preliminary discussions with MBMG staff (Tom Michalek) regarding this report. Task 03 Groundwater Supply — Physical Availability Objective: Use existing, available data to estimate annual reliable groundwater yields at potential well field locations. A numerical model will be developed to support evaluation of physical groundwater supply. Engineer Services: 03.1 Groundwater Model Development 1. Review existing groundwater models available for the project area (e.g., MBMG's Four Corners and Belgrade/Manhattan study areas) and assess applicability to this project. 2. Establish domain, grid size, and layers for new model, and assign boundary conditions and hydraulic properties and groundwater flow (flux) methods to model. The MODFLOW groundwater flow model (USGS) will be used as the computer platform for model development. 3. The model will be calibrated to existing head and flow data. Calibration will first use steady-state data; then, if appropriate transient data are available, a transient calibration will be completed to verify simulation of groundwater flow under changing conditions. The model will be calibrated using a combination of manual and automated techniques. Sensitivity analysis will be performed on the calibrated model to quantify uncertainty in model results related to uncertainties in model inputs. 03.2 Groundwater Yield Estimates 1. Estimate reliable yield volumes for selected well field locations by evaluating how groundwater levels and storage respond to varying groundwater use (pumping) regimes and recharge conditions. Engineer Deliverables: 1. Technical Memorandum that describes the process for determining reliable groundwater yield at selected well field locations. NOTE: This technical memo. may be combined with the technical memo. to be produced as a deliverable to Task 04. Assumptions: 1. The approach to groundwater modeling will be to create a more simplified, regional -scale model first, and then incorporate greater detail in areas of interest such as potential well field sites. The model will be designed to be as simple as possible to serve as a decision-making tool and meet current objectives, but can be refined as needed to meet future project objectives. City of Bozeman, Montana Groundwater Investigation Scope of Services 7 RESPELI NewFields July 2015 Task 04 Groundwater Supply— Water Quality and Source Protection Objectives: 1. Evaluate existing quality of groundwater resource at potential well field sites, and susceptibility for future water quality degradation or impairment. Assess potential water treatment needs. 2. Identify groundwater source and recharge areas for the selected well field sites. Identify potential sources of contamination and recommend land use limitations to minimize contamination risk. Engineer Services: 04.1 Water Quality Assessment 1. Evaluate biological and chemical character of groundwater within the source and recharge areas of selected well field sites through review of available water quality data. Anticipated sources for water quality data include: COB reports; MT-DNRC; Montana Dept. of Environmental Quality (MDEQ); MBMG; Gallatin Local Water Quality District (GLWQD); and other locally available data sources. 2. Assess needs for water treatment to mitigate existing water quality impairment. 04.2 Water Source Protection 1. Identify any known sources of contamination and describe alternatives for mitigation. 2. Determine susceptibility of well field sites to future contamination that could result from planned or anticipated future land use changes. 3. Consider feasibility of providing wellhead protection via land use regulations, including designation of wellhead protection zones which prescribe specific land use management areas and buffer zones. Engineer Deliverables: 1. Technical Memorandum that presents existing water quality information, potential needs for water treatment, known sources of contamination and mitigation alternatives, susceptibility of well field sites to future contamination that could result from land use change, and protection restrictions in future land use and designation of wellhead protection zones. NOTE: This technical memo. may be combined with the technical memo. to be produced as a deliverable to Task 03. Assumptions: 1. Evaluation of source water protection zones will be accomplished by using the groundwater model developed for the project area as well as particle tracking techniques. 2. Current State of Montana and Gallatin County guidelines relative to protecting source water areas will be adhered to in definition and delineation of source water protection zones. Task 05 Adverse Effects Analysis Objective: Utilize the groundwater model developed for the project to predict aquifer response to various scenarios of surface water/groundwater interaction at well field locations. Assess the potential for adverse effects to existing water rights. City of Bozeman, Montana Groundwater Investigation Scope of Services 8 RESPECI . NewFields July 2015 Engineer Services: 05.1 Simulate Groundwater Pumping 1. Use groundwater model to simulate pumping and test proposed groundwater extraction and recharge scenarios. 05.2 Quantify Adverse Impacts 1. Identify adverse effects to existing water rights and quantify impacts due to pumping. 2. Estimate streamflow depletions, in place and time, related to groundwater withdrawals. 05.3 Tabulate Affected Water Rights 1. Tabulate water rights that could be adversely affected. This will include potential adverse impacts to both agricultural/irrigation water rights, as well as instream flow rights held by Montana Fish, Wildlife & Parks (FWP). 2. Estimate streamflow depletions, in place and time, related to groundwater withdrawals. Engineer Deliverables: 1. Technical Memorandum that summarizes the adverse effects analysis and provides outcomes from various groundwater modeling scenarios. Modeling results will provide a general overview of where and when stream depletion associated with each well field site would need to be mitigated. Task 06 Mitigation Strategies Objective: Develop various mitigation strategies to satisfy water rights of all appropriators that may be adversely affected. Mitigation strategies will account for the unique spatial and temporal attributes of each adversely affected water right. Engineer Services: 06.1 Phased Mitigation Strategy 1. Develop a phased mitigation strategy for COB that is coordinated with anticipated incremental increases in water demand and use. This approach allows for mitigation of less than "full build -out" flows. This mitigation strategy could potentially allow COB to acquire and change use of water rights for mitigation on an as -needed basis when increases in demand dictate the need for additional water supply. 06.2 Use of Existing COB Water Rights 1. Evaluate COB's existing water rights portfolio for potential use of as either supply or mitigation water. This includes the Mandeville/Tracy Rights, the Mystic Lake Water Rights, and any water rights acquired through city annexation. Although some of these water rights may be available for mitigation or supply water, it is probable that additional water rights will need to be purchased close enough to new well field locations to preclude the need for major infrastructure that would be necessary to convey water to mitigation locations. City of Bozeman, Montana 9 Groundwater Investigation RF.SPMI' NewFields Scope of Services July 2015 06.3 Water Marketing — Groundwater Mitigation Bank 1. Coordinate with local stakeholders (i.e., MARS, MBMG, TNC, TU, UCSB-Bren School, etc.) in ongoing efforts to create a Gallatin Valley Groundwater Mitigation Bank. The mitigation "bank" would acquire senior surface -water rights, convert these rights to a mitigation use through the DNRC change application process, and then sell the rights as mitigation credits to offset new groundwater development. Estimate streamflow depletions, in place and time, related to groundwater withdrawals. 2. The RESPEC/NewFields team has proposed close coordination with these local stakeholders, and has allocated attendance at up to four (4) meetings with the stakeholder groups (refer to Subtask 01.4). We support this innovative concept of water marketing and the development of a groundwater mitigation bank. We intend to collaborate in this process to the extent that COB desires our involvement, and agree to do so at the direction and discretion of COB. 06.4 Alternative Transfer Methods 1. Evaluate a range of options, collectively titled "Alternative Transfer Methods", to obtain the historic consumptive use water needed to meet the future consumptive use needs of COB. These methods include: ■ Lease Fallowing ■ Dry -year Leasing ■ Alternative Replacement Crop (lower consumptive use crop) ■ Alternative Irrigation Methods (salvaged water) These methods must adhere to provisions in state law (Montana Code Annotated — MCA), and must clearly demonstrate "no -injury" (in consumption and timing) to existing water appropriations. 06.5 Reclaimed Water 1. Assess the potential for use of reclaimed water (i.e., effluent from the COB's Water Reclamation Facility) for mitigation or supply purposes. Possible applications for use of reclaimed water include irrigation (parks, agricultural land, or residential lawn and gardens). Reclaimed water could also be conveyed to groundwater recharge facilities established in strategic locations, based on the results of groundwater modeling and predicted net depletions associated with new groundwater development. Engineer Deliverables: 1. Technical Memorandum that summarizes all mitigation strategies evaluated and provides recommendations for a comprehensive and well-planned approach to efficiently reallocate water use and provide workable solutions to mitigate for new groundwater development. Assumptions: 1. RESPEC/NewFields will communicate with DNRC staff early -on and throughout the project to ensure close coordination is maintained. This will be critical to keep DNRC up-to-date with the mitigation concepts being proposed. City of Bozeman, Montana Groundwater Investigation Scope of Services 10 PESPECI . NewFields July 2015 Task 07 Groundwater Investigation Report Objective: Provide a technical report that includes all data, analyses, and findings from the work completed during this project, to include all hydrogeologic modeling files. Engineer Services: 07.1 Report 1. Complete a comprehensive, bound report that includes all text, figures, tables, appendices and documentation of analyses used to present a sound basis for the conclusions and recommendations provided. The report will discuss findings, major issues encountered, data gaps, anticipated permitting challenges, and provide guidance for next steps to be taken in the planning, permitting, and design processes. The report will also be furnished electronically in a searchable PDF format. Engineer Deliverables: 1. Provide three (3) bound hard copies of the report, and one (1) electronic copy in searchable PDF format. Provide all hydrogeologic modeling files developed during the project. 3. ESTIMATED COST OF THE WORK The total estimated cost for this Scope of Services is $ 119,175.00. A detailed cost summary for each task is provided under separate cover as Exhibit B to the Professional Services Agreement. 4. PROJECT SCHEDULE A schedule of specific tasks to complete the project is provided under separate cover as Exhibit C to the Professional Services Agreement. City of Bozeman, Montana Groundwater Investigation Scope of Services 11 RESPMI iNewFields July 2015 EXHIBIT B TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES CO E x n W y U C O a` o 07 N I' d C R 3 'O C ,0 V C=) c N M aEi r O m U oa r W N CU p U `o d L ECL U W E U)i o a iz w 0 N P U O O u o `o a � y d CA TS _v S U1 z i EXHIBIT C TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES V F - _m x W z a W N O co 4- 0 H V z O r V W z W a z D O C7 4 Ln r -I O N w 3 v r U N u 'o a cu O CL O a O OC) Z ° a Q, C3 N p ° 3 v m � � o v U C� vvj m Q _T _ U _ T r cu N .Q Q U (6 C (d U N 0 Z r, o O U N 0 n a, Q v 'a c o 0 v ti Y Y O a` 3 a, c o � 0 h z r > O a H o ° ° n o > C U V06 Q t LU c d a o s H O L O E o I I > E. J m H V O "6 C. C. C_ V N = 7 Q N > li N In Y Y M E N YY Y mm v o 3 7 7 N b0 C O Y Q 14 N M V Ln 4D n H O OC) Z ° a Q, C3 N p ° 3 v m � � o v U C� vvj ACOR 7 0 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 7/21/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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