2. MDEQ Source Water Assessment Contract and Facility Plan 2000 AmendmentCity of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
REPORT TO: Mayor and City Council
FROM: Jim Hansz, Director of Public Works
SUBJECT: MDEQ Source Water Assessment Contract, and Amendment 2, Facility
Planning Study, Task 1200: Source Water Assessment (New)
MEETING DATE: February 19, 2002
BACKGROUND: More than a eighteen months ago the Montana Department of Environmental
Quality approached the City with a request to work with them in a joint effort to produce a
comprehensive Source Water Assessment for public water systems in the Kalispell area. There is
a Federal mandate for performing this work, but unlike most Federal mandates, this one comes
with funding for the work. However, the amount of allocated funding is not quite enough to do
all the work that is required. To get around this problem MDEQ wants to combine the
assessment funding for many small systems and then do the work at one time in a single contract.
There are 57 public water systems in the Kalispell area and all will be included in this work. The
City of Kalispell was asked to spearhead the effort. The current Facility Planning contract with
HDR is proposed as a vehicle to perform the work in a timely manner. It was determined that
this could be done without any problems for the City or our contractor, HDR.
This project was included in the current Water Fund budget. Many months of work have
been necessary to develop two contractual items. First is an acceptable contract between the City
and MDEQ for performance of the Source Water Assessments via the City's current planning
contract and reimbursement of the City's costs by MDEQ. A copy of this is attached. Second is
an amendment of the current Facility Planning contract to include the Source Water Assessment
task and the detailed scope for performing this work. A copy of the Amendment scope of work
and budget is attached.
The total cost of work in both contracts is essentially the same, $100,180.00. The
reimbursement provided in the MDEQ contract offsets the costs incurred in the Facility Planning
contract amendment. There is a matching funds obligation but this has been met by the City due
to its recent work on Noffsinger Spring. Other water systems will satisfy their matching
obligation with in -kind services.
RECOMMENDATION: Staff recommends Council approval of the contract with MDEQ for
Source Water Assessment and Amendment #2 to the City's contract with MR for Facility Plan
2000 for performing the Source Water Assessment work.
ACTION REQUESTED: MOTION TO AUTHORIZE THE CITY MANAGER TO SIGN
THE CONTRACT WITH MDEQ AND AMENDMENT #2 TO THE CONTRACT WITH
HDR ENGINEERING, INC., FOR FACILITY PLAN 2000.
FISCAL EFFECTS: Eventual expenditure of $100,180.00 from the Water Fund budget with
these costs to be reimbursed by MDEQ.
ALTERNATIVES: As recommended by the City Council.
Respectively submitted:
James C. Hansz, P.E.
Director of Public Wi
Attachment: MDEQ Contract & Amendment #2
Chris A. Kukulski
City Manager
Report compiled February 6, 2002
CONTRACTORS COPY Contract No. 202036
Federal Catalogue No. 66.468
AGREEMENT.
An agreement is hereby made between the City of Kalispell, (Contractor) and the
Montana Department of Environmental Quality (DEQ), for completing source water
delineation and assessment reports (SWDAR) at approximately 57 public water supply
systems shown within the project area on Attachment C.
SECTION I: SERVICES
A. The Contractor agrees to:
(1) Complete a SWDAR at PWSs within the project area shown on
Attachment C that will meet the requirements of the Montana Source Water Protection
Program Plan and the federal Safe Drinking Water Act. The Contractor agrees to
submit each of the SWDARs to DEQ for certification review.
(2) Prepare a map with supporting documentation delineating the boundaries
of the source water protection areas for each PWS well prepared pursuant to the
Montana Source Water Protection Program Plan.
(3) Conduct an inventory of potential contaminant sources within the
delineated areas. The inventory information will be compiled in text and shown on a
base map and will be completed pursuant to the Montana Source Water Protection
Program Plan.
(4) Complete a susceptibility assessment and compile all documentation into
final SWDARs submitted to DEQ for review and approval. The final report will include all
elements and be formatted as described by "Attachment A" entitled "Certification
Checklist" and must be provided to DEQ in a hard copy and in electronic format as text
with graphics (MSWord-97 or equivalent with graphics as JPEGs). Additional report
guidance can be obtained from the SWDAR Template available from DEQ.
(5) Within 30 days after the end of each month during which the services
required by this agreement are performed, the Contractor agrees to submit a written
invoice and progress report giving a detailed description of the status of the project.
The monthly progress reports shall include:
(a) a short narrative of the original project (this will be the same each
quarter)
(b) project progress during the reporting period (activities carried out,
accomplishments, highlights, significant difficulties)
(c) status of expenditure of funds; and
(d) planned activities for the next reporting period.
B. DEQ agrees to:
(1) Provide timely review of SWDAR components submitted for review' and
approval as described in the Montana Source Water Protection Program, generally
within 60 days.
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SECTION II: DATES TO COMMENCE AND COMPLETE SERVICES
Performance of this agreement shall begin on signature by both parties, and the
services provided pursuant to Section IA must be completed by December 31, 2002,
unless this agreement is terminated earlier pursuant to Sections IV or IX.
SECTION III: CONSIDERATION
In consideration of the services rendered pursuant to this agreement, DEQ agrees to
pay the Contractor up to a maximum of $100;180 for services provided. Payment shall
be made according to the following:
(1) Twenty percent of the maximum cited above can be billed upon collection and
compilation of the information needed to complete Chapter 1, "Attachment A" for reports
described in Section I. Documentation for payment must be included with the invoice
pursuant to Section I (A) 5.
(2) Contractor shall submit the final reports described in Section I for each of the
approximately 57 PWSs in eight groupings of approximately equal number. Ten
percent of the maximum consideration cited above can be billed and paid for each of
the eight groupings of final reports. The final payment will include the remaining
balance of the maximum consideration cited above.
(3) The Contractor shall submit requests for payment on a DEQ invoice
"Attachment B" that includes a monthly report describing the activities completed
according to the terms and conditions set forth in Section I.
(4) The Contractor shall submit one of the eight groupings of final reports, and bill
DEQ for one of the eight groupings, no more frequently than monthly.
(5) This agreement is funded through a grant from the U.S. Environmental
Protection Agency.
(6) Matching funds in the amount of 40% of total project cost are generally
required for SWAP projects funded using the pass through grant mechanism. Where
multiple PWSs are included in a single project, the match required can be reduced to
40% of the sponsoring PWS cost of the project. Under this contract, the city of Kalispell
is the sponsoring PWS and Kalispell's portion of the project is estimated at $9,800.
Therefore, the match required is $3,920. The city of Kalispell has met this match
requirement as shown in the table below. Additional match documentation is not
required through the invoicing process.
KALISPELL SWAP PROJECT MATCH
DESCRIPTION
COST SOURCE OF FUNDS
DATE
COMPLETED
Noffsinger Spring Hydrogeologic
$17,983.00 City of Kalispell
July, 2000
Stud & Source Water Assessment
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SECTION IV: TERMINATION
(1) The Contractor understands and agrees that DEQ, as a state agency, is
dependent upon federal and state appropriations for its funding, and that actions by
Congress, the U.S. Environmental Protection Agency, or the Montana Legislature may
preclude funding this agreement through the completion date stated in Section II.
Should such a contingency occur, the parties agree that DEQ may set a new completion
date, depending upon the funding remaining available for the agreement, and that the
Contractor shall be compensated for services rendered and expenses incurred to 5:00
p.m. of the revised completion date.
(2) In addition to the provisions of paragraph 1 above, and Section IX, either
party may terminate this agreement without cause after giving 30 days written notice to
the other party.
(3) Any termination of this agreement is subject to the exception that
paragraph (2) of Section IX, relating to retention of and access to records, will remain in
effect.
SECTION V: ASSIGNMENT AND SUBCONTRACTING
(1) The parties agree there will be no assignment or transfer of this
agreement, or of any interest in this agreement, unless both parties agree in writing.
(2) The parties agree that no subcontract services required under this
agreement may be performed under subcontract unless both parties agree in writing,
with the exception of a professional engineer, geologist, hydrogeologist or geotechnical
engineering services subcontractor necessary to complete the services required under
this agreement.
(3) All subcontracts must include the requirements listed in Section VI, IX, XII
and XIII (XVIIC "Privity" to include the state of Montana and DEQ), source of funding to
indicate use of funds from the U.S. EPA, and appropriate independent contractor,
workers compensation, liability and professional errors & omissions insurance
stipulations to protect the Contractor for transfer of risk to provide required services
under this agreement.
SECTION VI: NON-DISCRIMINATION
The State of Montana does not discriminate on the basis of disability in admission to,
access to, or operations of its programs, services, or activities. Individuals who need
aids, alternative document formats, or services for effective communications or other
disability -related accommodations in the programs and services offered are invited to
make their needs and preferences known to this office. Interested parties should
provide as much advance notice as possible.
The Contractor must comply with the Montana Human Rights Act, the Civil Rights Act of
1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990,
and Section 504 of the Rehabilitation Act of 1973. All hiring necessary as a result of this
contract must be on the basis of merit and qualifications; there may not be
discrimination on the basis of race, color, religion, creed, political ideas, sex, age,
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marital status, physical or mental disability, or national origin by the persons performing
under a subsequent contract.
SECTION VII: JURISDICTION AND VENUE
The laws of Montana govern this agreement. The parties agree that any litigation
concerning this agreement must be brought in the First Judicial District in and for the
County of Lewis and Clark, State of Montana, and the parties consent to personal
jurisdiction, subject matter jurisdiction, and venue in that court. Each party shall pay its
own costs and attorney fees. (Ref: 18-1-401, MCA)
SECTION Vill: MODIFICATIONS AND PREVIOUS AGREEMENTS
This instrument contains the entire agreement between the parties, and no statements,
promises, or inducements made by either party or agent of either party which are not
contained in this written agreement are valid or binding. This agreement may not be
enlarged, modified, or altered except in writing, signed by the parties. No change,
addition, or erasure of any printed portion of this agreement is valid or binding upon
either party.
(1)The Contractor must keep on file and available for review, audit, and
evaluation complete, accurate, documented, and current accounting of all funds
received and expended pursuant to this agreement, maintained in accordance with
generally accepted accounting principles. Those funds must not be combined with any
other funds.
(2) Financial records, supporting documents, statistical records, and all other
records documenting the services provided by the Contractor under this agreement
must be retained for a period of three years after the completion date cited in Section If
of this agreement. The Contractor agrees to make the records described herein
available at all reasonable times at its general offices. If any litigation, claim, or audit is
started before the expiration of the three-year period, the records must be retained until
all litigation, claims, or audit findings involving the records have been resolved.
(3) The Contractor agrees to allow access to the records of the activities covered
by this agreement as may be necessary for legislative audit and analysis purposes in
determining compliance with the terms of this agreement, as required by Section
5-13-304, Montana Code Annotated. Notwithstanding the provisions of Section IV, this
agreement may be terminated upon any refusal of the Contractor to allow access to
records necessary to carry out the audit and analysis referred to above.
(4) If the Contractor receives a total of $300,000 or more in federal funds from all
sources of federal financial assistance during any fiscal year during which this agree-
ment is performed, it must provide DEC with a copy of its annual or biennial audit report
covering the year in question within 30 days after the report's issuance. Federal
financial assistance includes all of the following, whether received directly from federal
agencies or indirectly through units of state or local governments: grants, contracts,
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cooperative agreements, loans, loan guarantees, property, interest subsidies, insur-
ance, or direct appropriations, but not direct cash assistance to individuals. The audit
must cover the time period stated in Section II and the audit report must comply with the
following requirements:
(a) of the most current version of OMB Circular A-133 at the time this agreement
is signed and its most current version of the Compliance Supplement for Single Au-
dits ("Supplement'); and
(b) include all of the following information:
(i) federal grantor/pass-through grantor program title;
(ii) federal CFDA number;
(iii) pass -through grantor's number or contract number;
(iv) program or award amount;
(v) cash accrued or deferred revenue at July 1 or the first day of the
Contractor's fiscal year;
(vi) receipts or revenue recognized during the period;
(vii) total disbursements/expenditures;
(viii)cash accrued or deferred revenue at June 30 or the last day of the
Contractor's fiscal year; and,
(ix) in a footnote to the schedule of federal financial awards, an indication of
the basis accounting used in determining the above information.
(5) If the Contractor receives less than $300,000 in total federal assistance
during that year and therefore does not need to submit an audit report to DEQ, the
Contractor must notify DEQ in writing within 30 days after the end of any fiscal year
during which this agreement is performed.
(6) The Contractor agrees to comply with the provisions of the most current
version of OMB Circular A-21 "Cost Principles for Educational Institutions", concerning
use of the funds provided under this agreement.
(7) The State of Montana, DEQ, the Montana Legislative Auditor, the U.S.
Environmental Protection Agency, and the Comptroller General of the United States, or
any of their duly authorized representatives, have the right of access to any books,
documents, papers, and records of the Contractor which are pertinent to the services
provided under this contract, for purposes of making an audit, excerpts, or transcripts.
Further, for purposes of verifying cost or pricing data submitted in conjunction with the
negotiation of this contract or any amendments thereto, the State and DEQ, until the
completion date cited in Section ll, have the right to examine those books, records,
documents, papers, and other supporting data which involve transactions related to this
agreement or which will permit adequate evaluation of the cost or pricing data
submitted, along with the computations and projections used in them.
(8) In the event that an audit shows that the Contractor has not complied with
federal or state laws and rules concerning the handling and expenditure of the funds
received under this agreement, including any grant -related income, the Contractor
agrees to correct the areas of non-compliance within six months after DEQ receives the
audit report.
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SECTION X: SEVERABILITY
It is understood and agreed by the parties hereto that if any term or provision of this
agreement is by the courts held to be illegal or in conflict with any Montana law, the
validity of the remaining terms and provisions shall not be affected, and the rights and
obligations of the parties shall be construed and enforced as if the contract did not
contain the particular term or provision held to be invalid.
SECTION XI: HOLD HARMLESS AND INDEMNIFICATION
Contractor shall hold harmless and indemnify DEQ and its agents, principals, and
employees from and against all claims, damages, losses, demands, judgments, and
costs of suit, defense expenses, and attorney's fees to the extent arising out of or
resulting from Contractor's wrongful acts, errors, omissions, or negligence, or from
Contractor's failure to comply with the requirements of this agreement or with all federal,
state, and local laws, regulations, and ordinances applicable to the work to be done
under this agreement.
The parties to this agreement agree that the Contractor is an independent contractor.
The contractor represents and agrees that neither it, nor any agent, employee, or servant
of the Contractor is or may be deemed to be the employee, agent, or servant of DEQ.
The Contractor is solely and entirely responsible for its own acts and the acts of its em-
ployees, agents, servants, and subcontractors during the performance of this contract.
As an independent contractor, Contractor agrees that it, not DEQ, is responsible for
providing benefits to its employees, agents, or servants, including, but not limited to,
unemployment insurance and workers' compensation coverage, and covenants that it
will continue to provide legally required benefits and contributions during the term of this
agreement. In addition, upon DEQ's request at any time during the term of this agree-
ment, the Contractor agrees to provide DEQ with written proof it is maintaining current
workers' compensation coverage for its employees.
SECTION XIII: GENERAL LIABILITY INSURANCE
(1) General Requirements: The Contractor shall maintain for the duration of the
contract, at its cost and expense, insurance against claims for injuries to persons or
damages to property, including contractual liability which may arise from or in
connection with the performance of the work by the Contractor, agents, employees,
assigns, or subcontractors. The insurance shall cover such claims as may be caused by
any negligent act or omission.
(2) Primary Insurance: The Contractor's insurance coverage shall be primary
insurance for the State, its officers, officials, employees, and volunteers and shall apply
separately to each project or location. Any insurance or self-insurance maintained by
the State, its officers, officials, employees or volunteers shall be in excess of the
Contractor's insurance and shall not contribute with it.
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(3) Specific Requirements for Commercial General Liability: The Contractor shall
purchase and maintain Occurrence coverage with combined single limits for bodily
injury, personal injury, and property damage of $500,000 per occurrence and
$1,000,000 aggregate per year to cover such claims as may be caused by any act,
omission, or negligence of the Contractor or its officers, agents, representatives,
assigns or subcontractors.
(4) Specific Requirements for Automobile Liability: The Contractor shall purchase
and maintain Occurrence coverage with combined single limits for bodily injury,
personal injury, and property damage of $500,000 per occurrence and $1,000,000
aggregate per year to cover such claims as may be caused by any act, omission, or
negligence of the Contractor or its officers, agents, representatives, assigns or
subcontractors.
(5) Additional Insured Status: The State, its officers, officials, employees, and
volunteers are to be covered as additional insureds for: liability arising out of: activities
performed by or on behalf of the Contractor, including the insured's general supervision
of the Contractor; products and completed operations; premises owned, leased,
occupied, or used; and for automobiles leased, hired, or borrowed by the Contractor.
(6) Deductibles and Self -Insured Retentions: Any deductible or self -insured
retention must be declared to and approved by the state agency. At the request of the
agency either:
(a) The insured shall reduce or eliminate such deductibles or self -insured
retentions as respect to the State, its officers, officials, employees, and
volunteers; or
(b) The Contractor shall procure a bond guaranteeing payment of losses
and related investigations, claims administration, and defense expenses.
(7) Certificate of Insurance/Endorsements: A certificate of insurance must be
received within 10 days of the signing of this agreement. The certificate must indicate
compliance with the insurance coverages and the required limits set forth in this section
of the agreement. The required insurance must be maintained in force and effect for the
duration of this agreement. The Contractor must notify the State immediately, of any
material change in insurance coverage, such as changes in limits, coverages, change in
status of policy, etc. Failure to comply with this requirement may result in termination
per Section IX of this agreement.
(1) All information resulting from the project funded under this Agreement
shall be made available to the public.
(2) Upon the completion of this Agreement, all information, reports, data,
records, documents, and materials generated or kept by DEQ pertaining to this
Agreement shall be made available to the public by DEQ, and the Contractor hereby
agrees to indemnify and hold harmless DEQ from the release of any information,
reports, data, records, documents, and materials provided by the Contractor.
The Contractor and DEQ agree that any and all public releases of information, data, the
interpretation of data, reports, or end products pertaining to this Agreement shall be
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Federal Catalogue No. 66.468
submitted to, approved by, and released by DEQ, unless DEQ authorizes the
Contractor in writing to release such information. All publicity concerning the activities
conducted under this Agreement and publications prepared for use under this
Agreement shall acknowledge the sponsorship by DEQ.
SECTION XVI: SPECIAL CONDITIONS
A. SUPERSESSION
The Contractor has primary responsibility for directing and supervising the performance
of all services rendered under this Contract Agreement. DEQ or its agents may
monitor and inspect all phases and aspects of the Contractor's performance in order to
determine compliance with technical and administrative requirements of this Agreement.
The Contractor shall at all reasonable times grant access to DEQ or its agents for this
purpose.
B. TANGIBLE PROPERTY
At the conclusion of this Agreement, any items purchased for and used in completing
the terms of this agreement shall be the property of the Contractor.
C. PRIVITY
This agreement is funded in whole or in part with funds from the U.S. Environmental
Protection Agency. Neither the United States nor any of its departments, agencies or
employees is, or will be, a party to this agreement, any lower tier subcontract of this
agreement, or any solicitation or request for proposals. This agreement is subject to
regulations contained in 40 CFR Part 33.1030 effective on the date both parties' sign
this agreement.
D. COVENANT AGAINST CONTINGENT FEES
Contractor certifies that no person or selling agency has been employed or retained to
solicitor secure this agreement upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee excepting bona fide employees or bona fide
established commercial or selling agencies maintained by Contractor for the purpose of
securing business. For breach or violation of this provision, DEQ shall have the right to
annul this agreement without liability or, at its discretion, to deduct from the agreement
price or consideration, or otherwise recover the full amount of such commission,
percentage, and brokerage or contingent fee.
E. LOBBYING
Contractor certifies that it has not used, nor will it use, any funds received under this
agreement for payment of lobbyists who lobby or persons who seek to influence
Congress or any federal agency. Contractor agrees to disclose the name, address,
payment details and purpose of any agreements with lobbyists or persons who seek to
influence Congress or any federal agency that Contractor has paid since December 22,
1989. In addition, Contractor agrees to disclose all present and future agreements with
lobbyists employed to lobby or persons who seek to influence Congress or any federal
agency. Finally, Contractor agrees to file quarterly up -dates in accordance with the
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requirements of this Paragraph about the use of lobbyists or persons who seek to
influence any federal agency if material changes occur in their use.
F. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
The Contractor certifies to the best of its knowledge and belief that it and its principals:
(1) are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal department
or agency;
(2) have not within a three year period preceding this proposal have been
convicted of or had a civil judgment rendered against any of them for commission of
fraud or a criminal offense in connection with obtaining, attempting to obtain, or perform-
ing a public (Federal, State, or local) transaction; violation of Federal or State antitrust
statutes or commission or embezzlement, theft, forgery, bribery, falsification or de-
struction of records, making false statements, or receiving stolen property;
(3) are not presently indicted for or otherwise criminally or civilly charged by a
government entity (Federal, State, or local) with commission of any of the offenses enu-
merated in paragraph (2) of this certification; and
(4) have not within a three-year period preceding this application/proposal had
one or more public transactions (Federal, State, or local) terminated for cause or
default.
G. COPYRIGHT
Any discovery or invention made, or data or text developed, or under development, as a
result of work conducted under this agreement is subject to EPA requirements and
regulations pertaining to reporting and patent rights, and to those contained in 40 CFR
Part 31.34 relating to copyrights and rights in data.
H. GRATUITIES
If DEQ finds the Contractor or any of its agents or representatives offered or gave gra-
tuities (in the form of entertainment, gifts, or otherwise) to any official, employee, or
agent of DEQ, the State, or EPA in an attempt to secure a contract or favorable
treatment in awarding, amending, or making any determinations related to the perfor-
mance of this agreement, DEQ may, by written notice to Contractor, terminate this
agreement. DEQ may also pursue other rights and remedies that the law or this agree-
ment provides. In the event this agreement is terminated as provided above, DEQ may
pursue the same remedies against Contractor as it could pursue in the event of a
breach of the agreement by. Contractor, and as a penalty, in addition to any other
damages to which it may be entitled by law, be entitled to exemplary damages in an
amount (as determined by DEQ) which must be not less than three nor more than ten
times the costs the Contractor incurs in providing any such gratuities to any such officer
'or employee.
I. SMALL BUSINESS, RURAL AREA BUSINESS, MINORITY AND WOMEN'S
BUSINESS
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To implement EPA's policy of awarding a fair share of contracts to small businesses,
rural area businesses, minority and women's businesses, as defined in 40 CFR 33.005,
Contractor shall;
(1) To the fullest extent possible, make available a "fair share" of at least 3%
of funds for supplies, construction, equipment or services to organizations owned or
controlled women and 2% to organizations owned or controlled by socially and
economically disadvantaged individuals, and historically black colleges and universities;
(2) Comply with the following affirmative steps as stated in 40 CFR
31.36(e)(2);
(a) placing qualified small business, rural area business, minority
business, and women's business enterprises on solicitation lists;
(b) assuring that small business, rural area business, minority business,
and women's business enterprises are solicited whenever they are potential
sources; dividing total requirements, when economically feasible, into smaller
tasks or quantities to permit maximum participation by small business, rural area
business, minority business, and women's business enterprises;
(c) establishing delivery schedules, where the requirements permit, which
encourage participation by small business, rural area business, minority
business, and women's business enterprises; and
(d) using the services and assistance of the Small Business
Administration, and the Minority Business Development Agency of the
Department of Commerce.
(3) Require all of its subcontractors to comply with the affirmative steps of 40
CFR 31.36(e)(2) and the EPA/State cooperative agreement for small business rural
area business development, and require all subcontractors to include in their
subcontract bid documents a 3% "fair share" for organizations owned or controlled by
women and 2% for organizations owned or controlled by socially and economically
disadvantaged individuals, and historically black colleges and universities; and
(4) Submit quarterly to DEQ federal Form SF-334, "MBE/WBE Utilization
under Federal Grants, Cooperative agreements, or other federal Financial Assistance".
The form shall be submitted within 30 days of the end of each fiscal quarter (by January
30, April 30, July 30, and October 30 of each year of the agreement (form required only
when bids have been issued or MBE/WBE's are under contract during that reporting
period). The form shall be submitted to Mr. Tom Ellerhoff or his successor at the
Department of Environmental Quality, 1520 E Sixth Avenue, P.O. Box 200901, Helena,
MT. 59620-0901.
SECTION XVII: LIAISONS
The Contractor's liaison to DEQ for purposes of this agreement is James C. Hansz,
P.E., or his successor at the Contractor's address listed below. (Phone: 406 758-7700)
(Fax: 406 758-7758) (email: jhansz@kalispell.com).
DEQ's liaison to the Contractor for the purposes of this agreement is Joe Meek or his
successor at the Department of Environmental Quality, Planning, Prevention &
Assistance Division, Metcalf Bldg., 1520 E. 6th Ave, Helena, MT, 59620. (Phone:406-
444-4806) (Fax:406-444-6836) (email: jmeek@state. mt. us)
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SECTION XVIII: EXECUTION.
This agreement consists of eleven (11) pages and three (3) Attachments. The
original is to be retained by the Centralized Services Division of DEQ. A copy of
the original has the same force and effect for all purposes as the original.
To express the parties' intent to be bound by the terms of this agreement, they
have executed this document on the dates set out below:
CITY OF KALISPELL
BY: 400
Date CHRIS A. KUKULSKI, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903-1997
TAX ID NO.: 81-6001281
DEPARTMENT OF ENVIRONMENTAL
QUALITY
Q/2� Z BY:
Date ' F REST V.-RIS, Contracts Officer
Approved for legal content by
DEQ Couns I
Department of Environmental Quality
Central Services Division
1520 East 6t' Ave
P.O. Box 200901
Helena, MT 59620-0901
� / z z �Z
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Federal Catalogue No. 66.468
Attachment A
Source Water Delineation and Assessment Reports (SWDAR)
For Community and Non -community Non -transient PWSs
CERTIFICATION CHECKLIST
The following items represent the minimum requirements for certification of a completed SWDAR
for Community and non -community non -transient PWSs. The SWDAR must be completed per the
1996 amendments to the Federal Safe Drinking Water Act. This checklist should be used in
conjunction with the information and general format provided in the SWDAR Template available
from DEQ for preparing SWDAR documents. While the format of the template may be modified
as needed, all requested information described here must be included for certification.
For any items that are not applicable or information is not available, note in checklist column and
provide an explanation. Attach additional sheets for explanation, if necessary.
Name of System
PWS ID#
Date Completed
Operator Name
SWPP Contact:
Name
Address
Phone
Person Preparing
Name
Plan Contact:
Address
Phone
1
Contract No. 202036
Federal Catalogue No. 66.468
The following checklist is derived from the Source Water Delineation and Assessment Report
template document. The completed report should include summary discussions, when appropriate,
for each listed item. Indicate not applicable (n/a) when appropriate and include the reason for
non -applicability in the report.
Introduction
• Person who prepared document
• Name of Water System and county located in
• PWS Identification Number
• PWS Contact person, with address and phone number
Chapter 1 - Background
This section provides background information on the community served by the PWS.
1. The Community:
• Population
• Economic base
• Major water users
• Major waste generators
• Domestic sewage treatment and disposal
2. Geographic Setting
• Geographic setting, including surrounding area
• Physiographic Features
• Streams and Lakes
• Climate information (including annual precipitation and temperatures)
• A vicinity map at appropriate scale
For surface water sources, or ground water systems influenced by surface water
• 8 and 11 digit USGS Hydrologic Units
• Montana Watershed Management Region
3. General Description of Source Water
4. Description of PWS system, including:
• Source of water (number of wells, depth, etc.)
• Well lithology and construction logs (in appendix)
• Distribution system
• Number of connections and users
• Water treatment
2
Contract No. 202036
Federal Catalogue No. 66.468
• Copy of latest Sanitary Survey (in appendix)
• A map indicating the general layout of the PWS.
5. Water Quality:
Summarize enforcement actions in the past 5 years
Describe background/regional water quality
• Table summarizing background water quality
For surface water sources, or ground water systems influenced by surface water
• Use classification
• Threatened or impaired streams in watershed
• TMDL development prioritization and status
6. Influencing Factors
Identify any external factor that may influence long-term PWS operation
or source water protection planning
Chapter 2 - Delineation
This section provides information on the hydrogeology of the water supply for the PWS.
Background information on the hydrogeologic setting should be assembled into a Hydrogeologic
Conceptual Model that summarizes the ground water system in a simplified manner. The
background information should support the process to delineate management areas.
1. Hydrogeologic Conditions
• Identification of references for hydrogeologic information
• Summary tables of hydrogeologic studies and maps for area
• Summary of wells in area from GWIC database
• Geologic map(s) included (if not, valid justification for omission)
• Geologic cross section(s) included
For ground water systems:
• Identify aquifer
• Geologic setting of aquifer
• Aquifer properties (lithology, boundaries, etc)
• Aquifer type (confined, unconfined, semi -confined)
• Connection with surface water
• Classify sensitivity of hydrogeologic setting of source water
For surface water sources, or ground water systems influenced by surface water
Hydrogeologic setting of PWS watershed
Identification of references for hydrogeologic information
Contract No. 202036
Federal Catalogue No. 66.468
• Stream flow characteristics
2. Conceptual Model and Assumptions
• Seasonal trends in system
• Assumptions made to simplify model
For ground water systems:
• Aquifer boundaries
• Aquifer recharge areas
• Ground water flow direction
• Communication with surface water
For surface water sources, or ground water systems influenced by surface water
• Relationship of surface water with ground water system
3. Well (or Source) Information
For ground water systems:
• Well depths, construction details
• Well locations described
• Summary table of source information
[Source information to include: PWS Source Code, Well Location, MBMG (GWIC) No., MT
Water Right No., Date Well completed, total depth, perforated interval, static water level,
pumping water level, drawdown, test pumping rate, and specific capacity]
For surface water sources, or ground water systems influenced by surface water
Description of source water intake system
Streamflow data, if available
4. Delineation Methods and Criteria
• Overview of approach used for delineation
5. Model Input
For ground water systems:
• Identify analytical method used, with source reference
• Values of hydraulic parameters identified, with ranges
• Identify hydrogeologic parameter values used, with rationale
• Summary table of input values for model
• Reference and justification for assumed values
• Time of travel equations or model specifications
For surface water sources, or ground water systems influenced by surface water
Time of travel calculations for surface water body
Summary of ranges for streamflow parameter values
Contract No. 202036
Federal Catalogue No. 66.468
• Identify streamflow parameter values used, with rationale
• Summary table of input values for model
6. Delineation Results
Travel time calculation results, or computer model calibration criteria
Management zones identified on map(s)
Delineated areas reflect seasonal variations in hydrologic systems
7. Limiting Factors
Identify uncertainties in delineation approach based on assumptions
Identify how uncertainties may effect delineated areas
Chapter 3 - Inventory
This section identifies all known and potential contaminant sources that may effect the PWS.
1. Inventory methods identified
2. Appropriate databases searched, with potential sources identified
For ground water systems:
• Control zone
Description of land uses
Description of potential contaminant sources
Worksheets completed for significant potential sources
Potential contaminant sources summarized in a table
Potential contaminant sources located on a base map
• Inventory Region
Description of land uses
Description of potential contaminant sources
Worksheets completed for significant potential sources
Significant potential contaminant sources summarized in a table
Significant potential contaminant sources located on a base map
9 Surface Water Buffer
Description of land uses
Description of potential contaminant sources for pathogens (acute health hazards)
b Recharge Region
Description of land uses
Description of large potential contaminant sources
Large potential sources and land use shown on a map
For surface water sources, or ground water systems influenced by surface water
Spill Response Region
Description of land uses
� 9
M
Contract No. 202036
Federal Catalogue No. 66.468
Description of potential contaminant sources
Worksheets completed for significant potential sources
Significant potential contaminant sources summarized in a table
Significant potential contaminant sources located on a base map
Watershed Region
Description of land uses
Description of large potential contaminant sources
Map of watershed region showing significant potential contaminant sources (e.g.
MPDES permitted discharges, to the extent practical with existing databases)
For all systems
Inventory update - procedures to update every five years
Inventory limitations identified
Chapter 4 — Susceptibility Assessment
This section evaluates the potential for the PWS water supply to be contaminated by the significant
potential sources of contamination identified in Chapter 3. This information may be used by local
officials to prioritize management actions for the delineated control and inventory zones.
Worksheets to be considered when completing each task are listed with each topic.
Attach completed worksheets as Appendices to final document (Note. DEQ staff assigned to the
project may approve omitting worksheets if potential contaminant sources, hazard assessment,
and barriers are adequately addressed in the Tables included in the SWDAR. Approval must be
obtained in writing from the DEQ lead staff.
1. Hazard of potential contaminant sources identified
• Worksheet #2 — Hazard Determination
2. Barriers for each potential contaminant sources identified and evaluated
• Worksheet 45 — Evaluation of Engineered Barriers for Water Sources
• Worksheet #6 - Criteria for Evaluating Effectiveness of Natural Barriers
• Supporting information for identification of features as barriers
3. Threats from significant potential contaminant sources ranked
References
All technical references are listed in the appropriate format
Appendices
All necessary supporting information is included in Appendices
ATTACHMENT B
BILLING STATEMENT
Project:
Contract No. 202036
Federal Catalogue No. 66.468
Goal/ObjectivelTask
(as listed in ATTACHMENT A)
* DEQ
Grant -
Current
Billing
Yr-to-date
Expended
Balance
Remaining
MATCH
Non -Fed
MATCH
Federal
TOTALS $100180
Total This Billing Cycle
A
I
* List total DEQ grant amount for that goal/objective/task and the DEQ grant amount for the current State Fiscal Year.
Describe and document the sources of in-kind/cash match:
I certify the above costs are actual, necessary and allowable for the performance of the agreement. There are no duplicate
costs and the statement is mathematically correct. All progress reports required under this contract are current
Signed:
Attachment C
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The systems to be included in the uvemlI report will be agreed upon between the State, the City and the Engineer.
Systems will be added or deleted by mutual consent of the parties. The budget outlined is based on the description
of the following Pv, S supplies:
Communitv Public Water Supplies
PWS ID Primary dame
78
Grand Water Co.
79
Spruce Park Mobile Village
82
Meadowlark Mobile Home Park
85
R Js Northem Park
87
North Haven Heights
88
Pleasant Hill Estates HOA
95
Hansons Trailer Court
98
Willow Glen Trailer court
99
Brook Drive Water Association
100
Alpine Mobile Manor
109
Greenwood Retirement Park
259
Kalispell Public Works
430
Hillcrest Community W'arer
1670
Meadowland WUA
1671
Williams Water Works
1672
Mar Le Villa Mobile Park
1743
Lakeshore Heights HOA
1744
Flathead County Water & Sewer
1743
Twin Acres Trailer Court
t923
Greenacres Homeowners Association
1934
- Ridgeview Water Users .Association
2516
Skyview Park
2640
Mountain Villa Aprs
2651
Rainbows End Mobile Park
2812
Rocky Mountain Hi Campground
2846
Country Estates Water Supply
2863
Ponderosa Estates
2893
Thompson Ranchenes II
2925
Meadow Hills HOA
3094
Green Tree Meadows HOA
3302
Culligan Bottled Water
3328
Two Mile Tract HOA
3370
Pertyjohns. The Water Store
3414
West Valley Pines HOA, Inc.
3602
Greems'ood Corp RV and Mobile Home Park
3774
Wapiti Acres Water Association
3778
Spruce Park Mobile Home and RV Park
4150
Fogs Lakeside Estates HOA
Non-TmnsienNNon-Community Public Water Supplies
PWS ID
Primary Name
895
West Valley School District 91
927
Helena Flats School District 915
933
Creston School District N9
1742
Flathead Christian School
3653
Meadow Gold Dairy
4046
H E Robinson Vo Ag Center
4105
Kalispell Montessori School
4108
DNRC Northwestern land Office
Transientn011-Community Public Water Supplies
PWS ID Primary Name
930
Four Comers Conoco
2876
Bojangles Diner
3025
Conrad Athletic Complex
3166
Black Angus Restaurant
3510
Flathead Lutheran Camp
3766
Riverside Alliance Church
4062
Gardner Auction
4099
Tidyman's Kalispell a 10
4101
Smith's Food & Drug Kalispell 0169
4109
Flathead County Road Shop
43198
Lone Pine Montana State Park
Number of Wells
1
1
I
2
6
i
9
3
2
2
2
3
0
1
I
2
Number of Wells
I
I
I
2
1
1
Number of Wells
I
I
1
AMENDMENT NO.2 to the
AGREEMENT FOR ENGINEERING SERVICES
Kalispell
Water, Sewer and Storm Drainage Systems
Facilities Plan 2000
1: SCOPE OF SERVICES
Modify the Scope of Services in Exinbit "A" by adding Task 1200 as follows:
TASK 1200 — SOURCE WATER DELINEATION AND ASSESSMENT REPORT,
SWDAR
Objectives:
HDR and their subconsultant Land and Water Consultants will provide Source Water Delineation and Assessment
Reports, SWDARs for public water supply systems in the planning area incorporating information being
developed for the City of Kalispell planning project that is currently underway as well as developing new
information for incorporation into the SWDARs. An individual report will be generated for each public water
supply listed in subtask 1202 and all reports will be placed in a single bound document. All work will be done in
compliance with the schedules and general requirements set forth in Contract # 202036 between the Montana
Department of Environmental Quality and the City of Kalispell.
HDR(L&W Subtasks:
Subtask 1201— introduction and Purpose
HDR will provide an overview of the City of Kalispell including such components as a description of the
community, economy, infrastruchse, transportation routes, wastewater disposal, solid waste practices, and
physiographic and geologic information.
Subtask 1202 —Public Water Supply Information
HDR will describe the Public Water Supplies listed.. For each system information will be presented to identify
and describe the water sources, distribution system, storage tanks and treatment equipment.
Supporting documentation will include the number of residents and service connections in the system as well as
information on each of the water sources. Source water information will include a general description of the
aquifer, well logs and completion details, flow rates, well specific capacities and aquifer testing results.
Information will also be provided regarding PWS water quality and the presence of any known contamination in
nearby groundwater and surface water.
The systems to be included in the overall report will be agreed upon between the State, the City and the Engineer.
Systems will be added or deleted by mutual consent of the parties. The budget outlined is based on the description
of the following PWS supplies:
Community Public water Supplies
PWS ID Primary Name Number of Wells
Engineering Services Agreement Amendment Not 1
Kalispell Water, Sewer, Storm Drainage Facilities Plan 2000
CAMy DocumenWagrwmmtsTacility Pt� amendment 2.doc
78
Granrud Water Co.
79
Spruce Park Mobile Village
82
Meadowlark Mobile Home Park
85
R Js Northern Park
87
North Haven Heights
88
Pleasant Hill Estates HOA
95
Hansons Trailer Court
98
Willow Glen Trailer court
99
Brook Drive Water Association
100
Alpine Mobile Manor
109
Greenwood Retirement Park
259
Kalispell Public Works
430
Hillcrest Community Water
1670
Meadowland WUA
1671
Williams Water Works
1672
Mar Le Villa Mobile Park
1143
Lakeshore Heights HOA
1744
Flathead County Water & Sewer
1745
Twin Acres Trailer Court
1923
Greenacres Homeowners Association
1934
Ridgeview Water Users Association
2516
Skyview Park
2640
Mountain Villa Apts
2651
Rainbows End Mobile Park
2812
Rocky Mountain Hi Campground
2946
Country Estates Water Supply
2863
Ponderosa Estates
2893
Thompson Ranchettes II
2925
Meadow Hills HOA
3094
Green Tree Meadows HOA
3302
Culligan Bottled Water
3328
Two Mile Tract HOA
3370
Pettyjohns, The Water Store
3414
West Valley Pines HOA, Inc.
3602
Greenwood Corp RV and Mobile Home Park
3774
Wapiti Acres Water Association
3778
Spruce Park Mobile Home and RV Park
4150
Foys Lakeside Estates HOA
Non-Transient/Non-Community Public Water Supplies
PWS ED Primary Name
895
West Valley School District #1
927
Helena Flats School District #15
933
Creston School District #9
1742
Flathead Christian School
3653
Meadow Gold Dairy
4046
H E Robinson Vo Ag Center
4105
Kalispell Montessori School
4108
DNRC Northwestern Land Office
Transient/Non-Community Public Water Supplies
PWS ID Primary Name
930 Four Corners Conoco
Engineering Services Agreement Amendment No.2
Kalispell Water, Sewer, Storm Drainage Facilities Plan 2000
C:Wy DocumentAagreemmtsTwility Plan amendment 2.duc
6
1
2
2
2
2
3
Number of Wells
2
1
1
Number of Wells
1
2876
Bcjangles Diner
3025
Conrad Athletic Complex
3166
Black Angus Restaurant
3510
Flathead Lutheran Camp
3766
Riverside Alliance Church
4062
Gardner Auction
4099
Tidyman's Kalispell #10
4101
Smith's Food & Drug Kalispell # 169
4109
Flathead County Road Shop
43198
Lone Pine Montana State Park
Subtask 1203 — Delineation and Protection Zones
HDR's subs onsultant Land and Water Consulting Inc. will describe aquifer characteristics, determine source water
and recharge areas, and delineate the source water protection areas far all PWS in the project area
The SWDAR will first assess the hydrogeologic setting of each water source. A geologic map and hydrogeologic
cross section of the area will be presented to identify source areas for each water source and to provide a conceptual
geologic model. Available hydrogeologic investigations and maps of the area will also be included in addition to
aquifer -test results already conducted by the City of Kalispell for some wells.
Hydrogeologic parameters required for delineating the source water protection area will be developed from the
information available for each site. Parameters will include transmissivity, aquifer thickness, hydraulic
conductivity, hydraulic gradient, flow direction, effective porosity and pumping rates. Site -specific parameters will
be used where available and literature values will be used where site -specific information is not available. Ranges
of values and the values selected for analysis will be described in tabular form.
Source water protection areas will be identified by modeling. The chosen values of the hydrogeologic parameters
will be used within the models to identify the source water protection areas for each water source. The limitations
of the source water protection area delineation will also be discussed. The primary limitations will be the use of
uncertain estimates of hydrogeologic parameters and also the use of simplified computer models. Where
appropriate, a sensitivity analysis may be conducted to assess potential error in the delineation results.
The delineation results will be presented on a base map and will depict the general source water protection area in
addition to including control, inventory and recharge subregions. The delineated areas will serve as the basis for
determining the inventory area and susceptibility assessment.
Subtask 1204 — Inventory of Contaminant Sources
HDR will provide an inventory assessment within the study area by searching select local, state, and federal
databases. Currant local conditions and public knowledge will also be assessed. All information gathered will be
field verified through site inspections of known and suspected sources. The inventory will be a synthesis of existing
information compiled on the same topographic base map. Information will include:
• Land uses
• Sewered and non-sewered areas
• Sewer lines, water lines, and storm water drainage systems
• Major roads and transportation routes
• Publicly known contaminant sources such as:
o Old and existing landfills
o Feed lots
o Underground storage tanks (USTs)
o Leaking underground storage tanks (LUSTS)
o RCRA generators
o State and national superfund sites
Engineering Services Agreement Amendment No.2 3
Kalispell Water, Sewer, Storm Drainage Facilities Plan 2000
CAMy Docum®61ageemeotsTaci1i1y PL. amendment 2.doc
The report will detail plans to update the inventory and land uses on a yearly basis, and will discuss the limitations
of the inventory.
Subtask 1205 — Susceptibility Assessment
The susceptibility assessment will be conducted to prioritize potential pollutant sources, and facilitate management
priorities and recommendations that reduce the possibility of contamination. The susceptibility assessment will be
determined using the hazard rating devised by the Montana DEQ for the Source Water Protection Program.
Subtask 1206 - Mapping
HDR and Land and Water will provide the following maps as a component of the SWDAR
Deliverables:
• Vicinity Map
• PWS Site Plans
• Geologic Map
• Conceptual hydrogeologic cross section
• Groundwater potentiometric maps
• Land Use Map
• Municipal Service Map depicting water lines, sewer lines, and storm -water drainage
• Base map for displaying regions of the source water protection area
• Maps identifying source water protection areas for each water source
• Contamination location and type map
Subtask 1207Supporting Documentation:
HDR and Land and Water will provide the following supporting documentation as a component of the SWDAR
Deliverables:
• Lithologic Logs
• Groundwater time of travel calculations
• Groundwater Under the Direct Influence of Surface Water (GUDISW) Assessments
• Water quality analyses from PWS water sources
• Contaminant Inventory Sheets
• Natural and engineered/management/treatment barriers
• Hazard and susceptibility worksheets
Subtask 1208-Additional SWDAR Reports
HDR and Land and Water will provide S WDAR reports for additional systems that have not been listed above, as
agreed to by the parties involved. (DEQ the City and the Engineer). The cost to provide additional reports is
provided on a per system amount, which is listed in exhibit C-1.
2. BASIS OF COMPENSATION
A. BUDGET
Amend this paragraph by adding the following sentence:
"The Scope of Services and Budget are modified to inchtde Task 1200, Preparation of a
SWDAR"
Engineering Services Agreement Amendment No.2 4
Kalispell Water, Sewer, Storm Drainage Facilities Plan 2000
C:VNy ➢o men"greemeats%Facility PLan amendment 2.doc
B. COMPENSATION
Add the following paragraph:
"Compensation for ENGINEEWs services for task 1200 have been estimated in anticipation of
the orderly and continuous progress of the project through completion_ If any time specified or
shown for completion ofENGINEEWs services are exceeded, the time for Engineer's services
shall be extended and compensation amended by written Agreement between OWNER and
ENGINEER. The estimated titee for complexion of this amendment shall be seven months
from the signing of this Amendment. Compensation shall be made in accordance with the
provisions of this SECTION IV of the Agreement."
C. Add to Exhibit "C-1 ", Engineer's Labor and Cost Estimate, task 1200.
Engineering Services Agreement Amendment No.2
Kalispell Water, Sewer, Storm Drainage Facilities Plan 2000
CA1My DMUM=ts5zgre mtsftvility Plan ammdmem 2.dm
Exhibit C4
City of Kalispelf Water, Wastewater and Stormwater Facilities Planning Project
Engineering Services Budget
Subtasks
Total
Hours
Rate
Total
1201
1202
1203
1 1204
1205
1 1206
1207
16
16
I
1
1 20
52
$34.00
1,768.60
30
160
160
60
40
450
$28.00
12,600.00
40
40
$20.00
800.00
10
10
10
10
10
10
10
70
$15.00
1050.00
40
200
40
120
40
440
$57.00
25.080.00
40
20
40
100
$55.00
5,500.00
16
10
30
40
20
40
156
$72.00
11232.00
eat
41
Subtasks
1201 - Introduction and Purpose
1202 - PWS Information
1203 - Dilineation of Protection Zones
1204 - Inventory of Contaminant Sources
1205 - Susceptibility Assessment
1206 - Mapping
1207- Supporting Documentation
1208 - Additional SW DAR Reports
ADDITIONAL SWDAR COST
Transient Non -Community Systems $400
Non -Transient, Non Community Systems
with 1,000 customers or less. $3,000
Non -Transient, Non Community and
Community Systems with 1,000
customers or more. $5,000
Total Labor (HDR) $16,218.00
OWProbt Multipber x3.1
Total Direct Labor(HDR) $60275.80
Direct Expenses:
Subconsultards (Land and Water Consultants)
$41,812.00
Miscellaneous
$N0.00
Travel Expenses
$2,500.00
MappinglPhotoslSurveys
$300.00
Printing and Photocopying
$800.00
Telepho
$400.00
Computers
$1,200.00
Fee On Subconsultards (5%)
$2,090-60
Total Direct Expenses
$g9,902.60
TOTAL TASK BUDGET
$100,178.40
Page 1