HomeMy WebLinkAboutWORK ORDER - AGREEMENT MISC - BISHOP-BROGDEN ASSOC INCEXHIBIT A
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
BISHOP-BROGDEN ASSOCIATES, INC
DATED: JUNE 15, 2016
Work Order Number: 1
Purchase Order Number:
Project Title: Amended Plan for Augmentation – Case No. 14CW3176
Commencement Date: June 15, 2016
Completion Date: October 1, 2017
Maximum Fee: (time and reimbursable direct costs): $75,000.00
Project Description: See Attached
Scope of Services: See Attached
Professional agrees to perform the services
identified above and on the attached forms in
accordance with the terms and conditions
contained herein and in the Professional
Services Agreement between the parties. In
the event of a conflict between or ambiguity in
the terms of the Professional Services
Agreement and this Work Order (including the
attached forms) the Professional Services
Agreement shall control.
The attached forms consisting of ___ (_)
pages are hereby accepted and incorporated
herein, by this reference, and Notice to
Proceed is hereby given.
PROFESSIONAL
By:_______________________________
Date:_____________________________
CITY OF FORT COLLINS
By:_________________________________
Project Manager
Date: ______________________________
By: _______________________________
Gerry Paul
Purchasing Director (over $60,000.00)
Date: ____________________________
DocuSign Envelope ID: 0AEE54F0-8236-49A5-8865-E70CBEA0555F
6/13/2016
6/13/2016
6/13/2016
City of Fort Collins
Natural Areas Department
Proposed Scope of Work
Amended Plan for Augmentation – Case No. 14CW3176
Introduction The following provides a proposed Scope of Work (SOW) for continuing
water resource consulting services to support the City’s original and amended applications for a
Plan for Augmentation and Change of Water Rights in Case No. 14CW3176. The original
application proposes to change the use of the City’s 50% ownership in the Coy Ditch and five (5)
shares in the Box Elder Ditch Company, and to use the changed water supplies to replace
evaporation and other depletions from several former gravel pits that are within various
properties owned by the City that are part of the Cache la Poudre open space corridor. The
amended application in this case proposes to allow for enhanced operational flexibility,
appropriate water rights for the ponds themselves and to support a water level management plan
for the Natural Areas ponds by appropriating exchange water rights that would allow the City to
store any pond releases in Rigden Reservoir for later release for augmentation or other uses.
Prior Scope of Work We previously provided a SOW that included the support of the
amended application, preparation of a revised preliminary engineering report, assistance with the
preparation of a draft proposed decree, review and analysis of preliminary objector comments,
preparation of preliminary responses to any objector comments, completion of a SWSP renewal
request and SWSP operations and water accounting. Due to the processing of the application,
we did not need to prepare any responses to objectors individually, rather those issues will be
addressed in the preparation of a 26(A)(2) Expert Engineering Report. Further, the SWSP
Renewal Request and water operations and accounting were not needed during the time period of
that SOW.
Proposed Scope of Work This additional SOW proposes to build on the prior work
and covers the continuing processing of the application in the case. The next steps in support of
the application in this case include the completion of the formal 26(A)(2) Expert Disclosure
Report, Expert Meetings, preparation of any Supplemental and Rebuttal Engineering Reports
www.bbawater.com Bishop-Brogden Associates, Inc.
DocuSign Envelope ID: 0AEE54F0-8236-49A5-8865-E70CBEA0555F
NAD Aug Plan SOW
May 6, 2016
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necessary, preparation of settlement negotiations, trial preparation and participation in trial. In
addition, the SOW includes the submittal of a renewed SWSP request and assists with the
operations and water accounting associated with that SWSP. Specifically, we propose to
complete the following tasks:
Task 1 Prepare Expert Disclosure Engineering Report
We have previously prepared a Preliminary Engineering Report (July 2015) and an Amended
Preliminary Engineering Report (November 2015) to support the original and amended
applications in this case. This task addresses combines both of the prior reports as a basis for the
preparation of a formal 26(A)(2) Expert Engineering Report. The purpose of the Expert Report
is to describe and support the analysis that supports the application, which may be used as the
basis for testimony at trail. Accordingly, an Expert Report requires a higher level of preparation
and accuracy compared to preliminary reports. Specifically, this task will include the following:
a) Combine the Preliminary and Amended Preliminary Reports
b) Confirm Previous Supporting Data and Refine Analysis This task includes the review
and confirmation of all supporting data to ensure accuracy and completeness. This task
will also include the review and potential revisions to the prior analysis.
c) Revise Pond Volume Analysis This effort will include the review and
confirmation, and potential revisions to the Stage-Area-Capacity tables for each of the
augmented ponds, which may include additional field work, elevation and topography
information, surveying and software analysis of topography.
d) Revised Ground Water Depletions Analysis This task involves the review and
revisions to the determination of the amount, timing and location of the evaporative and
other depletions associated with the water level management operations. This task
includes the confirmation of the depletions from the release of water from the ponds,
including the alluvial ground water surrounding each pond. This task will also re-
evaluate the method for assessing any lagged depletions from the operation of this plan
e) Revise Augmentation Operations Analysis This task reviews and confirms the
combined depletions analysis and the exchange operation into an overall presentation of
revised operations under the Plan for Augmentation. This will include the identification
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DocuSign Envelope ID: 0AEE54F0-8236-49A5-8865-E70CBEA0555F
NAD Aug Plan SOW
May 6, 2016
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of the amount, timing and location of water supply credits, storage operations and the
replacement of depletions or other obligations. This will identify the water rights that
may be affected and development of a proposed methodology to prevent injury to those
water rights.
f) Report Preparation Under this task, we will complete a review draft and a final
Expert Engineering Report that can be provided to the objectors to this water rights case.
The report will provide a description of the above analysis, present our conclusions
regarding the revised conditions for the Plan for Augmentation and include appropriate
maps, photos, charts, tables on other information to thoroughly support the analysis and
conclusions.
Total Estimated Task Cost: $20,000
Task 2 Prepare for and Host First and Second Expert Meetings
The Water Court requires that the Applicant’s Expert host two meetings of the Experts
representing each of the parties to the case. The goal of the first and second expert’s meetings
are to discuss the various aspects of the case, seek consensus on any issues or disputes if possible
and to allocate the aspects of the case into ‘disputed’ and ‘undisputed’ issues. It is the hope that
any potential trial in this case will only consider the ‘disputed’ issues. For this task, we will
prepare for and host both such meetings. This task also includes the preparation of the required
Joint Statement upon completion of both meetings.
Total Estimated Task Cost: $10,000
Task 3 Prepare Supplemental Expert Report
As a result of the First Expert Meeting, described in Task 2 above, the objectors may raise
certain issues, questions or information that would require additional Expert Report information.
This task includes the completion of any additional research or analysis necessary, and the
preparation of a Supplemental Expert Report. This effort is difficult to estimate the costs, until
any such issues are knows.
Total Estimated Task Cost: $10,000
www.bbawater.com Bishop-Brogden Associates, Inc.
DocuSign Envelope ID: 0AEE54F0-8236-49A5-8865-E70CBEA0555F
NAD Aug Plan SOW
May 6, 2016
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Task 4 Support Settlement Discussions
The majority of Water Court applications are resolved among the parties through settlement
negotiations, rather than a trial before the Court. This often requires multiple meetings with
objectors, additional analysis and information and assistance with draft decree language changes.
This may also require additional field work or site visits to address potential issues. This task is
also difficult to estimate without knowing the extent and magnitude of objector issues.
Total Estimated Task Cost: $20,000
Task 5 Assist with Proposed Decree
This task provides assistance to the City’s water rights attorney with revision to the draft
proposed decree associated with the original and amended applications in this case; including
preparing and review of draft language, preparation of tables, maps or other figures and
discussing possible details with the attorneys. This task may also include revisions to the
proposed decree based on settlement discussions with objectors described in Task 4.
Total Estimated Cost: $5,000
Task 6 Prepare SWSP Renewal Request and Manage SWSP Operations
This task involves the preparation and operation of an annual Substitute Water Supply Plan that
will allow temporary operation while the Plan for Augmentation proceeds through Water Court.
An initial SWSP request was made last year. This task will include the following associated
with a revised SWSP request consistent with the amended application:
a) preparation of a revised evaporative and other depletions analysis, operation of the
exchange operation and overall plan for augmentation water budget
b) preparation of a SWSP request letter or renewal request letter, as well as draft water
accounting forms
c) review and response to any comments received from objectors to this case
d) review and response to any issues or questions raised by the State Engineers Office
(SEO)
e) ordering and oversight on the installation of any water measuring or other equipment
required by the SEO for administration of the SWSP
www.bbawater.com Bishop-Brogden Associates, Inc.
DocuSign Envelope ID: 0AEE54F0-8236-49A5-8865-E70CBEA0555F
NAD Aug Plan SOW
May 6, 2016
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f) data collection, preparation and submittal of the required monthly water accounting for
the duration of the initial SWSP (typically one year)
Total Estimated Cost: $10,000, not including the cost and installation of any required measuring
equipment.
Total SOW Cost Estimate (all tasks): $75,000
www.bbawater.com Bishop-Brogden Associates, Inc.
DocuSign Envelope ID: 0AEE54F0-8236-49A5-8865-E70CBEA0555F