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HomeMy WebLinkAbout16- Amendment to PSA for Groundwater Investigation Services AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR GROUNDWATER INVESTIGATION SERVICES THIS AGREEMENT is made as of this If day of L_ 112016, between THE CITY OF BOZEMAN, a Municipal Corporation, P.O. Box 1230, Bozeman, Montana,59771-1230,herein referred to as OWNER,and RE/SPEC Inc., 3810 Valley Commons Drive#4,Bozeman, Montana, 59718-6477, an Engineering-Consulting Firm herein referred to as ENGINEER. i WHEREAS,the parties have entered into a Professional Services Agreement dated August 24, 2015,herein referred to as Original Agreement for professional engineering services; and WHEREAS, the parties desire to amend the provisions of this Agreement to expand the current hydrogeologic investigation and develop a groundwater model necessary to establish a groundwater mitigation bank in the Gallatin Valley. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, the parties agree as follows: The conditions and provisions set forth in the attached RECLAMATION AND DEVELOPMENT GRANT (RDG) AGREEMENT (RITP-16-0121), INCLUDING ATTACHMENT A (SCOPE OF WORK), ATTACHMENT B (BUDGET), AND ATTACHMENT C (REPORTING AND REIMBURSEMENT REQUIREMENTS) are hereby incorporated in and made a part of this Agreement. ARTICLE 1 - ENGINEERING SERVICES Section 1.1 of the Original Agreement is amended as follows: Work tasks (Tasks 01 —04) as described in Attachment A(Scope of Work)of the RDG Agreement are added as a second phase of the project titled Additional Groundwater Model Detail: Additional Groundwater Model Detail Task 01: Build Additional Temporal Detail into Model (August 2016—October 2016) Task 02: Build Additional Spatial Detail into Model(November 2016—January 2017) �r Task 03: Specific Steps toward Establishing a Water Bank(February 2017—April 2017) # Task 04: Groundwater Modeling Report(May 2017—July 2017) ARTICLE 4 - BASIC ENGINEERING SERVICES Section 4.2 is added to the Original Agreement as follows: g �' 4.2. ADDITIONAL GROUNDWATER MODEL DETAIL a. After written authorization to proceed with the Additional Groundwater Model Detail phase of the project, ENGINEER shall: 4.2.1. Consult with OWNER and OWNER's identified partners (water bank stakeholders) to clarify and define OWNER's requirements for the Project and review available data. 4.2.2. 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, as appropriate. 4.2.3. Identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the Project and participate in consultations with such authorities. 4.2.4. Provide analyses of OWNER's planning needs and groundwater model scenarios for prospective mitigation strategies including a water bank. 4.2.5. ENGINEER shall prepare and furnish complete paper and electronic copies of a technical report ("Report") that includes all data, analyses, and findings from the work completed during this phase of the project.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. Furnish 3 printed copies and an electronic copy(in searchable PDF format)of the Report and review in person with OWNER. 4.2.6. Furnish all hydrogeologic modeling files in electronic format to OWNER. k The Additional Groundwater Model Detail phase of the project will be completed and work products submitted within 455 calendar days following written authorization from OWNER to ENGINEER to proceed with this phase of the project(the 455 calendar days to complete and submit k final work products is based on authorization to proceed from the OWNER no later than May 2, 2016). ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE Section 6.2 is added to the Original Agreement as follows: 6.2 LUMP SUM AGREEMENT FOR ADDITIONAL GROUNDWATER MODEL DETAIL I 6.2.1. Pam For completing Additional Groundwater Model Detail services performed as Basic Engineering Services under Section 4.2 of this Agreement the OWNER shall pay a total sum in the amount of$ 50,000.00 for such services. Attachment B (Budget) of the RDG Agreement provides a detailed breakdown of costs for each work task. i 6.2.2. Payment Schedule. Total cumulative payments for Additional Groundwater Model C Detail (Section 4.2) shall not exceed the following ceilings: $ 45,000.00 (90% of fee) until all work tasks are complete and the final groundwater modeling report and all hydrogeologic model files have been submitted to the OWNER. 6.2.3. 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. 6.2.4. 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 6.2 are not separately reimbursable. Except as specifically amended herein,the original agreement shall remain in full force and effect and the Parties shall be bound by all terms and conditions therein. IN WITNESS WHEREOF, the parties hereto do make and execute this Agreement on the day and year first above written. CITY OF BOZEMAN, MONTANA RE/SPEC INC. (ENGINEER) BY: 4 BY: Chsoii (City Manager) <:. ( President) DATE: . !1 DATE:: j.� Z 2-01ASoy - B 0<% ATTEST: Ak ,--.City Clerk 1"0 �� . C o 11 i APPRO D FORM BY: ty Attorney) }