HomeMy WebLinkAbout5.918 Amendment (2)AMENDMENT NO. 1 TO THE
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE
THE CITY OF PORT ANGELES
AND
ASPECT CONSULTING, LLC.
PROJECT SW08 -01
RELATING TO: PORT ANGELES LANDFILL POST CLOSURE CONSULTING
ENGINEERING SERVICES AND PERMIT COMPLIANCE SERVICES
THIS AMENDMENT NO. 1 is made and entered into this day of
2009 by and between THE CITY OF PORT ANGELES, a non charter code city of the State of
Washington, (hereinafter called the "CITY and Aspect Consulting, LLC., a Washington
Corporation (hereinafter called the "CONSULTANT
WHEREAS, the CITY entered in to an AGREEMENT with the CONSULTANT on October 27,
2008, (the AGREEMENT) and
WHEREAS, the CITY desires to amend the AGREEMENT to amend the Scope of Work,
Budget, and Time of Performance.
NOW, THEREFORE, in consideration of the representations and the terms, conditions,
covenants and agreements set forth in this AMENDMENT, the original AGREEMENT is
hereby amended as follows:
1 REVISED SCOPE OF WORK
The amended scope of professional services to be performed and the results to be achieved
by the CONSULTANT pursuant to the AGREEMENT shall be amended to read as shown in
the attached Exhibit A to Amendment 1. The Scope of Work shall include all services and
material necessary to accomplish the work.
I! TIME OF PERFORMANCE
The work for all Tasks shall be completed by February 28, 2011.
III MAXIMUM COMPENSATION
The CONSULTANT'S total compensation and reimbursement are stated in the attached
Exhibit B to Amendment 1. The maximum compensation amount, referenced in Section VI of
the Agreement, is amended from $58,000 to $185,100, an increase of $127,100. The budget
for any Task may be further adjusted by mutual agreement without an amendment to the
Agreement, as long as the maximum compensation amount of $185,100 is not exceeded.
Amendment No. 1 to Aspect Consulting Agreement, SW08 -01 Page 1 of 2
IV SIGNATURES
Except as modified herein, the original Agreement and Exhibits A through D shall remain in
effect.
In WITNESS THEREOF, the parties hereto have executed this Amendment No. 1 to the
Agreement as of the day and year first written above.
CITY OF PORT ANGELES:
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MAYOR
CONSULTANT:
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TITLE Sr. Assoc-A.0
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
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Amendment No 1 to Aspect Consulting Agreement, S W08 -01 Page 2 of 2
BACKGROUND
EXHIBIT A
to Amendment 1
Professional Services Agreement SW08 -01
SCOPE OF WORK
The Port Angeles Landfill has been owned and operated by the City of Port Angeles
(City) since 1979. Three separate areas were developed within the landfill. The original
landfill area was closed in 1983 under WAC 173 -301. The second area was closed in
1990 under WAC 173 -304. Both the 301 and 304 cells are unlined. The third developed
area was lined, and is approximately 11 acres total. This area was closed in October of
2007 under WAC 173 -351. The landfill is now completely closed. All waste is
transferred to a site in eastern Oregon. The Port Angeles Landfill (PALF) is now
regulated by a Landfill Post Closure Permit issued by Clallam County Department of
Environmental Health and Human Services (CCEHS) on August 29, 2008. The Post
Closure Permit references the March 2008 Port Angeles Landfill Post Closure Plan. The
Post Closure Plan details the monitoring and maintenance requirements for the landfill in
its post closure period. This scope of work is based on those requirements.
Amendment 1 to the Professional Services Agreement SW08 -01 extends the work in
support of PALF Post Closure Permit compliance through 2010. The original task
descriptions are reiterated here, and a new task is added for a macro -algae survey in
2010.
The budget for these services is presented in Exhibit B on a per -task basis.
Project invoices will be submitted to the City allocating incurred labor and expense costs
at the task level. Consultant travel to the City will be at the request of the City, and will
be a reimbursable expense to be charged against the applicable task.
TASK 1— COMPLIANCE AND REPORTING SUPPORT
This element of work will provide regulatory reporting and permit coordination for
landfill post closure operations. Work will include assisting the City with the preparation
of routine reports for submittal to CCEHS, to the Washington State Department of
Ecology (DOE) and other regulatory agencies. Reporting will be compiled so as to
achieve compliance with the Landfill Post Closure Permit and the Criteria for Solid
Waste Facilities (WAC 173 -351).
Task 1.1— Groundwater Reports
Exhibit A to Amendment 1— Professional Services Agreement SW08 -01
Scope of Work
Objective:
To assist the City with regulatory reporting related to groundwater monitoring as required
by CCEHS and DOE.
Activities:
1. Assistance in preparation of three (3) Biannual Groundwater Monitoring Results
Reports (2 Biannual 2009, 1 Biannual 2010, and 2 Biannual 2010). The City
performs groundwater monitoring and creates time series plots, trilinear diagrams,
stiff diagrams, potentiometric maps, and conducts statistical analyses. The City
also calculates cation/anion balances, groundwater flow directions and rates of
flow, and compares the groundwater data to groundwater quality standards.
a) The Consultant shall indicate appropriate sampling times for the
new 304 compliant landfill monitoring wells based on previous
tidal study (Parametrix, 2008a) and sampling time (Aspect
Consulting, 2009a) memorandums.
b) Review and analyze the data provided by the City.
c) Write summaries and make recommendations for subsequent
groundwater monitoring events.
d) Assist the City in updating data spreadsheets for inclusion in the
Biannual and Annual reports, as needed.
2. Preparation of the Groundwater Annual Report. The annual report for the landfill
in the past has been written in two sections. These sections represented the closed
landfill (landfill cells closed under 173 -301 and 173 -304 regulations) and the
active landfill. The 173 -351 landfill cells at the site were closed in October of
2007. In the Post Closure Permit, CCEHS lumps the 301 and 304 compliant cells
together and calls these the 304 compliant cells and then refers to the rest of the
landfill areas as the 351 compliant cells. Because the groundwater monitoring
requirements are different for the 304 and 351 compliant cells, it seems
reasonable to continue to divide the annual and the biannual report into two
separate sections to reflect the different post closure monitoring requirements.
The annual report should include the following for both 351 and 304 compliant
cells:
a) A summary of engineering and groundwater monitoring
activities for the previous year.
b) Summary tables containing 304 compliant and 351- compliant
landfill and leachate sample results.
c) Comparison of groundwater quality data to groundwater
standards, including Maximum Contaminant Levels (MCLs).
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The City will provide the Consultant with the appropriate data tables and figures from the
Groundwater Biannual Reports to facilitate creation of the Groundwater Annual Report.
3. Based on recommendations from the 2008 Seawall Fluid Analysis Technical
Memorandum (Aspect Consulting, 2009b), it was recommended that two
additional seawall fluid samples be collected using low -flow sampling techniques
and analyzed for parameters summarized in Table 3 of the memorandum. An
addendum to the previous memorandum (Aspect Consulting, 2009b) will be
prepared, summarizing the analytical results of the additional samples, and
providing any changes in recommendations for the handling of the seawall fluids.
Options include continued monitoring or incorporation of the seawall fluid
collection system into the leachate system.
Assumptions:
Exhibit A to Amendment 1— Professional Services Agreement SW08 -01
Scope of Work
d) Conduct statistical analyses, and provide a summary of statistical
calculations and an update of Upper Prediction Limits (UPLs) for
the subsequent year.
e) Notification of any exceedences of UPLs or MCLs.
f) Calculation of groundwater flow rate and direction based on
potentiometric surface contour maps of groundwater level data.
g) An evaluation and recommendation of leachate indicator
parameters to be used in the subsequent data analysis program,
based on historical leachate chemistry and upgradient
groundwater chemistry. Leachate samples are analyzed for the
parameters indicated in Table 3 -2 of the Post Closure Plan.
h) Review of time series plots for leachate indicator parameters
(ammonia, chloride, chemical oxygen demand, dissolved iron,
dissolved manganese, nitrate, specific conductivity, total organic
carbon, vinyl chloride and dissolved zinc).
i) Analysis of well geochemistry based on trilinear plots of major
element composition, stiff diagrams and cation/anion balance
calculations in milliequivalents per liter.
j) Summarize and make recommendations for groundwater
monitoring for the next year.
k) The City will prepare a summary of the results of the gas system
monitoring and maintenance and surface water monitoring and
maintenance. The City would like the Consultant to review the
reports. The report will be submitted annually, with the Annual
Groundwater Report.
1. One round of comments from the City will be required to finalize the Annual and
Biannual reports. In addition, there are likely to be comments from the regulatory
Agencies to which response must be made.
Page 3 of 10
Exhibit A to Amendment 1— Professional Services Agreement SW08 -01
Scope of Work
2. The City will collect all groundwater samples and will contract for all required
laboratory analysis. The City will provide the Consultant with copies of all
laboratory and field data sheets for the sampling period. The City will update the
data spreadsheets with the laboratory results.
Deliverables:
Draft and final versions of the following reports:
2009 2 Biannual Groundwater Monitoring Results Report
2009 Annual Groundwater Monitoring Results Report
2010 1 Biannual Groundwater Monitoring Results Report
2010 2 Biannual Groundwater Monitoring Results Report
Addendum to 2008 Seawall Fluid Analysis Technical Memorandum
Task 1.2 Seawall Monitoring Report and Beach Monitoring
Objective:
To assist the City with regulatory reporting related to monitoring of the seawall, beach
erosion, and beach morphology as required by CCEHS and the Washington Department
of Fish and Wildlife (WDFW). The seawall was constructed in 2006 and 2007, and the
monitoring and maintenance requirements are detailed the Post Closure Plan, Appendix
B, Operations and Maintenance Plan for Toe Protection and Beach Nourishment.
Activities:
1. Analyze beach transect data to be provided by NTI surveying. Transects will be
measured in April or May through 2011. After 2011, a decision will be made
about continuation of monitoring, based upon results of the first five years.
2. Prepare a single technical memorandum to summarize the results of the transect
analysis. Include a comparison of past and current transects, showing changes in
the beach profile graphically at each transect location and graphically showing
wind speed and direction and wave height contributing to the changes in beach
profile at the seawall. (See Pacific International Engineering Technical
Memorandums for guidance.)
3. The Consultant shall review pertinent past data and analysis, to be provided by the
City. Review of all pre- and post- project transects, and transect analysis reports.
Review of visual inspection reports, Review of vertical and oblique aerial
photography.
4. Prepare the 2009 Annual Beach Morphology Monitoring Report. The Annual
Report will analyze all transect data, visual inspection data and aerial photography
to determine the changes in beach morphology due to the seawall. Make
recommendations for replacement of beach nourishment material, if necessary.
Assumptions:
1. One round of comments from the City will be required to finalize the Beach
Transect Technical Memorandums and the Annual Beach Morphology
Monitoring Report.
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2. The City will contract separately with the surveyor to provide transect data. Data
will be provided to the Consultant.
3. The City will provide visual monitoring data to the Consultant.
4. The City will contract separately for aerial photography, and will provide the data
to the Consultant.
Deliverables:
Draft and final versions of the following reports:
2010 Beach Transect Technical Memorandum (April or May data)
2009 Annual PALF Beach Morphology Monitoring Report (incorporates April
2009 technical memo)
TASK 2 MAINTENANCE SUPPORT
Exhibit A to Amendment 1— Professional Services Agreement SW08 -01
Scope of Work
This element of work will provide support for landfill post closure maintenance
operations. These operations may include beach nourishment, access road repair, or
repair of the seawall.
Consultant activities may include preparation of Hydraulic Project Approval (HPA) and
Joint Aquatic Resources Project Approval (JARPA) permit submittal documents for
seawall and access road maintenance, or the preparation of related contract documents in
whole or in part. This element of work may also include inspection of the seawall and
making recommendations to repair cracks or spalling of the concrete wall panels.
Consultant work under Task 2 will be defined and authorized separately on an as- needed
basis. The following task descriptions are provided as examples.
Task 2.1— Prepare HPA and JARPA applications for submittal by the City.
Objective:
To prepare environmental permit submittal documents to enable the City to perform
seawall or access road maintenance.
Activities:
Prepare HPA and JARPA permits as required for seawall or access road
maintenance. Beach nourishment, toe armor or back beach berm may
either be placed as recommended by the consultant, or as required by
WDFW.
Assumptions:
One round of comments will be required to finalize the HPA and JARPA
permit submittal documents.
Deliverables:
Draft and Final HPA or JARPA permit applications.
Page 5 of 10
Exhibit A to Amendment 1— Professional Services Agreement SW08 -01
Scope of Work
Task 2.2 Prepare contract construction documents for placement of beach
nourishment, seawall toe armor or back beach berm.
Objective:
To prepare contract construction documents which will allow the City to place beach
nourishment, toe armor or back beach berm as necessary, through a competitive bid
process.
Activities:
Prepare contract documents as required to place beach nourishment, wall
toe armor or back beach berm. Beach nourishment, wall toe armor or back
beach berm will either be placed as recommended by the consultant, or as
required by WDFW.
Assumptions:
Base maps will be provided by the City
Contract documents will be based on Standard Specifications for Road,
Bridge, and Municipal Construction, WSDOT, 2010.
Two rounds of comments from the City will be required to finalize the
contract construction documents.
Deliverables:
Final contract construction documents in electronic format.
Task 2.3 Evaluate and make recommendations as necessary for the repair of
cracks or spalling of the concrete wall panels.
Objective:
To evaluate the concrete seawall panels and make recommendations for repair, as
necessary.
Activities:
Annually inspect and evaluate the condition of the seawall panels using
the visual inspection reports and a site visit.
Assumptions:
One site visit will be necessary to evaluate the seawall panels.
Deliverables:
An annual recommendation for seawall panel maintenance, if necessary.
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TASK 3 MACRO -ALGAE SURVEY
Exhibit A to Amendment 1— Professional Services Agreement SW08 -01
Scope of Work
A macro algae habitat survey along a revetment wall constructed on the north side of the
landfill, at the bottom of a bluff on the Strait of Juan de Fuca, is required as part of the
landfill site monitoring under the post closure permit. The survey will be performed by
the Consultant or an approved subconsultant according to the Washington State
Department of Fish and Wildlife (WDFW) Intermediate Eelgrass /Macro Algae Habitat
Survey Guidelines. WDFW is the agency which issues the Hydraulic Project Approval
Permit (HPA).
This scope of work includes a discussion of the activities, assumptions, deliverables, and
a schedule associated with this project:
Task 3.1 Background Review and Coordination with WDFW
Task 3.2 Macro Algae Habitat Survey
Task 3.3 Data Analysis
Task 3.4 Technical Memorandum Preparation
Task 3.5 Quality Assurance /Quality Control Review
Task 3.6 Project Management /Contract Administration.
Task 3.1— Background Review and Coordination with WDFW
The Consultant or an approved subconsultant will perform a background review of
existing pertinent information in preparation for the macro algae habitat survey. This will
include review of the following:
2008/2009 survey transect data on erosion of the beach as a result of the
construction of the landfill revetment wall.
Macro -Algae Survey prepared by Parametrix (March 2008).
HPA permit (requirements pertaining to the macro algae habitat survey).
In addition, the Consultant or an approved subconsultant will coordinate with WDFW
before, during (if needed), and after the macro algae survey in accordance with the
Intermediate Eelgrass/ Macro Algae Habitat Survey Guidelines (WDFW 2006).
Deliverables:
There are no deliverables associated with this task.
Task 3.2 Macro Algae Habitat Survey
The Consultant or an approved subconsultant will perform a macro algae survey using
the WDFW Intermediate Eelgrass/ Macro algae Habitat Survey guidelines (WDFW
2006). The survey will be performed on the shoreline along a revetment wall constructed
on the north side of the landfill, at the bottom of a bluff on the Strait of Juan de Fuca. For
consistency purposes, the survey area will be the same as the area previously surveyed in
2006 by Parametrix, while establishing the baseline conditions along this shoreline
segment.
Page 7 of 10
Exhibit A to Amendment 1— Professional Services Agreement SW08 -01
Scope of Work
The macro algae survey will be performed along nine transects placed perpendicular to
the shoreline and spaced at approximately 100 -foot intervals, covering a total of 800 feet
of shoreline. Along each transect, data will be collected at 20 -foot intervals if feasible,
given the potential site conditions (shallow water depths and dense kelp forests)
encountered by Parametrix in 2006 while performing the baseline survey (Parametrix
2008). If not feasible, data along each transect will be collected every 100 feet through
the alternative (or similar) approach used by Parametrix in 2006 (Parametrix 2008). The
use of an alternative survey approach (if needed) will be coordinated with WDFW.
Data to be collected in the macro algae survey include:
Characterization of the substrate along each transect.
Macro algae percent cover per 0.25 m at the 2, 6, and 10 o'clock positions.
Eelgrass shoot counts (if any present) per 0.25 m at the 2, 6, and 10 o'clock
positions.
Kelp holdfast counts per 0.25 m at the 2, 6, and 10 o'clock positions.
Presence of easily observed macro invertebrate and vertebrate species.
Turbidity /visibility.
Time and depth.
The density count for each 20 -foot interval location will be the average of the three
individual counts for both macro algae and eelgrass.
The location of each transect will be the same as those established during the 2006 survey
performed by Parametrix. To this end, the same coordinates previously established for the
origin and endpoint of each transect will be used. Along each transect, the landward
intertidal areas will be surveyed by an observer from shore and divers will perform the
subtidal portion of the survey.
Assumptions
Unless otherwise approved by WDFW, the macro algae habitat survey will be
conducted between June 1 through October 1 in accordance with the WDFW
Intermediate Eelgrass/ Macro Algae Habitat Survey Guidelines.
Given the availability of suitable tidal conditions to perform the underwater
portion of the habitat survey, divers may need to visit the site for up to four
different days during high tide conditions.
Based on the baseline habitat survey performed by Parametrix in 2006, eelgrass is
not present within the survey area and therefore, the time estimated to performed
counts reflects this assumption.
Data will be collected along each transit at 20 -foot intervals if feasible. If not
feasible, data will be collected every 100 feet by means of the alternative (or
similar) approach used by Parametrix in 2006 (Parametrix 2008).
Each Transect will extend approximately 600 feet from the shoreline to
approximately -10 feet Mean Lower Low Water (MLLW).
Approximately 300 feet of each transect will be surveyed by foot (intertidal area)
and 300 feet by diving (subtidal area).
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Two people will be required to perform the habitat survey by foot on the intertidal
area.
Two divers and one boat operator will be required for the underwater portion of
the habitat survey.
The underwater portion of the fieldwork will be performed in 4 consecutive days
(during high tide conditions).
Up to 20 dive hours will be needed to complete the habitat survey.
Cost associated with the underwater habitat survey includes a boat operator and
two divers, which is required by law (WAC 296 —37, Standards for commercial
diving operations).
Cost associated with this task includes time to prepare for the habitat survey and
to travel to and from the survey site. The cost also includes per diem, lodging,
equipment, and travel expenses (mileage and ferry tolls).
Deliverables
There are no deliverables associated with this task. Findings and habitat survey
data will be presented and discussed in the technical memorandum to be prepared
under Task 3.4 of this scope of work.
Task 3.3 Data Analysis
Consultant or an approved subconsultant will analyze the macro algae habitat survey data
collected in Task 3.2. This analysis will include a comparison of the 2006 baseline habitat
survey results obtained by Parametrix with the results of the habitat survey to be
performed in 2010 by Herrera. In addition, past transect data will be provided by the City,
and the subconsultant will compare current conditions, to evaluate whether any site
erosion may have affected macro algae habitat.
Assumptions
The City will provide available past transect data.
Assumptions
Contour data will be provided by the City.
Exhibit A to Amendment 1— Professional Services Agreement SW08 -01
Scope of Work
Deliverables
There are no deliverables associated with this task. Data analysis results will be
presented and discussed in the technical memorandum to be prepared under Task
3.4 of this scope of work.
Task 3.4 Technical Memorandum Preparation
A technical memorandum will be prepared to summarize the results of the macro algae
habitat survey to be performed under Task 3.2 as well as the results of the data analysis to
be performed under Task 3.3. The technical memorandum will include a site map
indicating the qualitative distribution of eelgrass (if any) and macro algae species,
substrate characterization, and approximate depth contours. It is expected that the contour
data will be provided by the City.
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There will only be one round of review on the technical memorandum and
comments will be consolidated.
Deliverables
Draft and final technical memorandum submitted in a PDF format.
Task 3.5 Quality Assurance /Quality Control Review
An established system of quality assurance /quality control review will be adhered to in
order to ensure high quality deliverables that comply with the requirements of the scope
of work. Work products will be reviewed by a technical lead, technical editor, and
ultimately by the principal -in- charge.
Task 3.6 Project Management/Contract Administration
The consultant is responsible for coordinating project activities and contract
administration for the macro -algae survey with City- approved subconsultants, and with
the City representative.
Deliverables
Monthly progress reports and invoices.
Exhibit A to Amendment 1— Professional Services Agreement SW08 -01
Scope of Work
Project Schedule
The following schedule assumes that the macro algae habitat survey will be completed on
one of the two specified timeframes in July or August as they are dependent on predicted
tidal conditions suitable for diving. However, the schedule assumes that the survey will
be performed in August in order to provide flexibility.
Task 3.1 Background Review and Coordination with WDFW:
June 28 2010 July 17, 2010
Task 3.2 Macro Algae Habitat Survey:
July 7 July 10, 20010 or
August 9 August 12, 2010
Task 3.3 Data Analysis:
August 13 August 27, 2010
Task 3.4 Technical Memorandum Preparation:
Draft on September 20, 20010;
Final on October 11, 2010
Task 3.5 Quality Assurance /Quality Control Review:
On going
Task 3.6 Project Management/Contract Administration:
On going
Page 10 of 10
EXHIBIT B
to Amendment 1
Professional Services Agreement SW08 -01
BUDGET
Original
Contract
Amount Amendment 1 TOTAL
Task 1 COMPLIANCE AND MONITORING SUPPORT
Task 1.1 'Groundwater Reports 1 I I
Biannual (midyear) Groundwater Monitoring
1.1.1 Report $6,500 $19,600 $26,100
1.1.2 12009 Annual Groundwater Monitoring Report 1 $13,500' $29,900 $43,400
1.1.3 12008 Seawall Fluid Report Addendum 1 $8,0001 $7,5001 $15,500
$0
Seawall Monitoring Report and Beach
Task 1.2 Monitoring $0
Analysis of transect data, tech memo and
1.2.1 recommendations $9,000 $5,800 $14,800
2009 Annual Beach Morphology Monitoring
1.2.3 Report $8,000 $10,300 $18,300
I
Task 2 'MAINTENANCE SUPPORT 1 $13,0001 $7,0001 $6,000
Task 3 (MACRO -ALGAE SURVEY 1 $01 $61,0001 $61,000
I I I I 1
TOTAL $58,000 $127,100 $185,100