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Home My WebLink About5.944 Amendment (2)RELATING TO: THE CITY'S TRANSPORTATION INFRASTRUCTURE THIS AMENDMENT NO. 2 is made and entered into this e 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 Perteet, Inc., a Corporation authorized to do business in the State of Washington (hereinafter called the "CONSULTANT "). WHEREAS, the CITY entered in to an AGREEMENT with the CONSULTANT on May 13, 2009, (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 the original AGREEMENT and this AMENDMENT, the parties hereto agree as follows: I 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 Exhibits A -1 and A -2. The Scope of Work shall include all services and material necessary to accomplish the work. II TIME OF PERFORMANCE The work for each Task shall be completed according to the schedule in the attached Scope of Services, Exhibits A -1 and A -2. Work is authorized for all Tasks for each of the Exhibits and the Notice to Proceed will be issued immediately upon execution of Amendment No. 2. III MAXIMUM COMPENSATION AMENDMENT NO. 2 TO THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE THE CITY OF PORT ANGELES AND PERTEET, INC. PROJECT 08 -03B The CONSULTANT'S initial compensation and reimbursement are stated in the attached Exhibit B -1 and B -2. 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 N:IPROJECTSIFEMA 1817 -DR -WA 2009 Winter Storm105 Consultant AgreementsWerteet Contract Amendment\Amendment No. 2\Amendment No 2 to Perteet Agreement, 08 -03B.doc Page 1of2 $99,540.00 is not exceeded under this amendment and not to exceed a total project cost $156,535.00. IV SIGNATURES Except as modified herein, the original Agreement, previous amendments, and Exhibits A -1 thru A -2 and B -1 thru B -2 shall remain in effect. In WITNESS THEREOF, the parties hereto have executed this Amendment No. 2 to the Agreement as of the day and year first written above. CITY OF PORT ANGELES: MAYOR CONSULTANT: (TIE: exec. vlc£ Pie EsIDeAll APPROVED AS TO FORM: ATTEST: N:\PROJECTS\FEMA 1817 -DR -WA 2009 Winter Storm \05 Consultant Agreements\Perteet Contract Amendment \Amendment No. 2\Amendment No 2 to Perteet Agreement, 08 -03B.doc Page2of2 INTRODUCTION CITY OF PORT ANGELES OLYMPIC DISCOVERY TRAIL LANDSLIDES AND OLYMPIC DISCOVERY RIP -RAP REPAIR - ENVIRONMENTAL The City of Port Angeles proposes to construct repairs to damage caused by storm events along the Olympic Discovery Trail in areas located within the City's Urban Growth Boundary. This agreement involves: • Preparing environmental documentation and permitting for the removal of the soil failures for the Olympic Discovery Trail Landslides Project and • Preparing environmental documentation and permitting for the replacement and reconstruction of riprap bulkheads for the Olympic Discovery Trail Rip -Rap Repair Project. This scope continues the work begun under the scope for initial work previously approved under Amendment #1 for this project. With the exception of the CONSULTANT preparing the environmental documents and permitting for the removal of the soil failure on the Olympic Discovery Trail, the CITY shall be responsible for all design and plans preparation as necessary for the removal of the soil failures along the Olympic Discovery Trail. TIME FOR COMPLETION All work shall be completed within 6 months of Notice to Proceed. During the term of this Contract Perteet Inc. (CONSULTANT) will perform professional services as detailed below. Qualified subconsultants for this effort will include Terracon and Casne Biological Services SCOPE OF SERVICES TASK 1.0 PROJECT MANAGEMENT Port Angeles Olympic Discovery Trail AMENDMENT NO. 2 Exhibit "A -1" SCOPE OF SERVICES • Provide continuous project management administration throughout the project. • Prepare monthly billings, progress reports, and updated monthly project schedule. • Communicate with key staff every week with regular scheduled telephone calls as required to review project status and coordinate activities for current work tasks. • Conduct internal project coordination meetings with team. Deliverables: • Invoice and project progress reports submitted monthly in hard copy form via US Mail. • Project workplan and schedule Page 1 TASK 2.0 ENVIRONMENTAL The City of Port Angeles proposes to construct repairs to damage caused by storm events along the Olympic Discovery Trail in areas located within the City's Urban Growth Boundary. Specifically, this covers the environmental permitting required for the following two items: Slide Repairs: Repairs to fifteen (15) landslide area that have impacted the trail with slide material that has filled the existing ditch along the south side of the trail. Work in these areas includes re- establishing the ditch line by removing the slide debris from the ditch and the additional slide material that is likely to re -fill the ditch upon removal of the material in the ditch. The work also includes removal of the trees and debris that are larger than 4 inches in diameter and re- establishment of low -level vegetation. Riprap Repairs: Reconstruction of the riprap bulkheads where partially and completely destroyed and to the trail where the underpinnings of the trail have been compromised. On the north side of the trail, portions of the existing riprap bulkhead were damaged during the December 2008 storm event. In some areas, the riprap bulkhead was completely destroyed, but most of the damaged areas consisted of losing some of the riprap bulkhead. In the areas where the riprap was completely destroyed, minor damage also occurred to the trail. This consists of trail undermining damage as well as damage to the trail's asphalt. In the areas where the riprap was completely destroyed, the riprap will be replaced with manufactured rock, placing hot mix asphalt where the asphalt trail was damaged; placing a filter fabric along the existing slope; installing a foot of quarry spalls; and installing a five foot deep section of heavy loose riprap. Permitting requirements: It is anticipated that local and state environmental review and permitting will be required for this project. Federal review under NEPA will be completed by FEMA. If NEPA services are requested, these shall be considered under a supplemental scope. Cultural resources requirements will either be covered by the NEPA process or will be handled by the CITY. If cultural resources assistance is requested, this will be considered under a separate supplemental scope. State and local reviews and approval include: • US Army Corps of Engineers Permit 404 (JARPA) • Washington State DOE Water Quality 401 (JARPA) • Washington State Department of Fish and Wildlife Hydraulic Permit Approval (JARPA) • SEPA • Shoreline Substantial Development Permit and Conditional Use Permit ( Clallam County) • Critical Area Permit (Clallam County) • Biological Assessment 2.0 Aquatic Permits 2.1 The CONSULTANT will continue and conclude the preparation of the biological assessment (BA) of the projects' likely effects on species that are Port Angeles Olympic Discovery Trail Page 2 listed as threatened or endangered under the Endangered Species Act. NOAA Fisheries, USFWS, WDFW and WDNR databases will be consulted. The BA will provide a discussion of the habitat needs of listed species, document any occurrences in the project area, and provide documentation for an affect determination for listed species. The BA will be submitted to the Army Corps of Engineers for review and forwarded for federal resource agency concurrence. It is assumed that the effect determination will be "May affect, but not likely to adversely affect." Should a determination of "No effect" be made, a lower level of documentation will be required. 2.2 The CONSULTANT shall apply for Section 404 Permit from the Army Corps of Engineers (COE) for fill within United States waters. This will include compiling information on the required permit, completing necessary permit and technical applications, preparing mitigation measures, and coordinating with the COE to monitor the review of the Section 404 Permit application. Consultant will prepare for submittal for the Section 404 Permit by preparing a JARPA form and 8.5 -inch by 11 -inch plans (standard COE submittal requirement) to accompany the form. This permit will cover ditch jurisdiction by the Corps and required documentation. 2.3 The CONSULTANT shall apply for an HPA for the Washington Department of Fish and Wildlife (WDFW) for any activity affecting the bed or flow of State Waters. This will include compiling information on the required permit, completing necessary permit and technical applications, preparing mitigation measures, and coordinating with the WDFW to monitor the review of the permit application. Application will be made using the above referenced JARPA form. It is assumed that the above referenced 8.5 inch by 11 inch plans will be submitted to accompany the JARPA form and no other plans will be required. 2.4 The CONSULTANT shall apply for Section 401 Water Quality Certification from the Washington State Department of Ecology (Ecology). Ecology will review the project water quality information and the specific permit type issued by the COE to determine if an Individual Certification is required. The submittal will include compiling information on required approvals, completing necessary approval and technical applications, preparing additional studies as necessary, and coordinating with Ecology and Corps to monitor the review of Section 401 Certification application. 2.5 The CONSULTANT shall prepare a Coastal Zone Management Consistency notice for the State Department of Ecology. It is assumed that no additional follow up for this task will be required. Assumptions: • The project shall permitted by the Army Corps as a Nationwide Permit (NWP). Preparation of an Individual permit, if required, shall be prepared under a separate scope. • The Army Corps, HPA and 401 Certification shall utilize the JARPA application form. • One field visits, with WDFW and other Regulatory Agency staff, will occur as part of this Work Element. Port Angeles Olympic Discovery Trail Page 3 • Deliverables: • Draft JARPA form and associated application materials • Final JARPA form and associated application materials. 3.0 Local Permits 3.1 The CONSULTANT shall prepare a SEPA environmental checklist for the City of Port Angeles' review and issuance of a SEPA determination. 3.2 The CONSULTANT shall prepare a Critical Area Mitigation Plan consistent the critical area regulations contained in the Clallam County Code (CCC). The Mitigation Plan shall address impacts and proposed mitigation to fish and wildlife habitat and geologically hazardous areas. The Plan shall reference the recommendations made under task 2.5. 3.3 The CONSULTANT shall prepare a permit application to apply for a Shoreline Substantial Development Permit and Conditional Use Permit, consistent with the permit application requirements established by Clallam County. The application shall utilize the JARPA form. 3.4 The CONSULTANT shall apply for a Critical Area Permit from Clallam County, consistent with the County's permit application requirements. 3.5 The CONSULTANT shall prepare a geotechnical report consistent with Clallam County's critical areas report requirements. The report shall assess the geologically hazardous areas as defined by the CCC. The report shall make recommendations for slope and landslide stability, which shall be appended to the Mitigation Plan as described in Task 2.5 above. Assumptions: Deliverables: • The scope and budget allows for one (1) round of review comments from the client and associated revisions. • The scope and budget allows for one (1) round of review comments from federal and state agencies, and associated responses. • The Army Corps submittal plan set shall include no more than 20 individual sheets. • The City of Port Angeles will issue a SEPA Determination of Nonsignificance for this project. City staff shall be responsible for any needed lead agency coordination with Clallam County. • Only one draft and one final version of each of the permit items described above will be produced. • Draft SEPA Environmental Checklist • Final SEPA Environmental Checklist • Critical Area Permit application • Critical Area Mitigation Plan • JARPA form • Shoreline plan and associated application materials • Geotechnical report Port Angeles Olympic Discovery Trail Page 4 OPTIONAL SERVICES Optional services that may be performed include: • Preparation of design and Plans Specifications and Estimate (PS &E) package. • Preparation of Final Contract Documentation • Preparation of addenda and assist in the public bid process. • Construction Management • Preparation of Local Permit applications li Prepare Clallam County Grading Permit Prepare Clallam County Right -of -Way Permit • Preparation of NEPA documentation • Preparation of Cultural Resources screening or survey Provision of optional services will require a supplement to this agreement. Port Angeles Olympic Discovery Trail Page 5 REIMBURSABLES: SUB - CONSULTANTS: Te , ' r . �,. Wiz:.... cone GRAND TOTAL: Pertcet, Inc Consultant Fee Determination = Summary Sheet Total Hours AMENDMENT NO. 2 EXHIBIT B -1 414 r fourlyCost $4'6,870; $1x500;:; _ $53,870 Rates shown reflect the typical compensation rate of employees assigned to the billing category listed. Each category may have multiple employees assigned to that billing category and each employee may have a different hourly rate of pay. Employee compensation is subject to adjustment in June of each calendar year. Prepared By: Mike Horton Date: 11/13/2009 AMENDMENT NO. 2 Exhibit "A - 2" SCOPE OF SERVICES PORT ANGELES OLYMPIC DISCOVERY TRAIL RIP -RAP REPAIR — DESIGN AND PS &E INTRODUCTION The City of Port Angeles proposes to construct repairs to damage caused by storm events along the Olympic Discovery Trail in areas located within the City's Urban Growth Boundary. This agreement involves: • Preparing contract documents for the Olympic Discovery Trail Rip -Rap Repair project TIME FOR COMPLETION All work shall be completed within 12 months of Notice to Proceed. During the term of this Contract Perteet Inc. (CONSULTANT) will perform professional services as detailed below: SCOPE OF SERVICES TASK 1 PROJECT MANAGEMENT • Provide continuous project management administration throughout the project. • Prepare monthly billings, progress reports, and updated monthly project schedule. • Communicate with key staff every week with regular scheduled telephone calls as required to review project status and coordinate activities for current work tasks. • Conduct internal project coordination meetings with team. Deliverables: • Invoice and project reports submitted monthly in hard copy form via US Mail. TASK 2.0 PROJECT DESIGN The CONSULTANT will develop 90% Plans, Specifications, and Estimate (PS &E) plans and Final Contract Documents (100 %) PS &E Plans for the riprap repair on the Olympic Discovery Trail. These documents will be based on the design concepts already developed and presented to the CITY in the Memorandum dated June 24, 2009 to Jim Mahlum from Mike Horton in re "Port Angeles FEMA Repairs Phase 1 Scoping ". The CONSULTANT will revise the plans and specifications per the City's review comments to produce the Final Contract Documents. Port Angeles FEMA Repair Projects — Olympic Discovery Trail Page 1 Deliverables: At 90% submittal: • One half -size 90% plan sets for review • 90% plan set for review submitted via e-mail in PDF format. • One copy of 90% Opinion of Cost • One copy of 90% Contract Specifications At Final Contract Document submittal: • One half -size 100% plan sets that incorporates the comments from the 90% review. • One Final set of copy ready bid documents. Specifications supplied to City in electronic (Microsoft Word compatible). • Final plan set submitted via e-mail in PDF format or on CD. • One copy of Opinion of Cost Assumptions: • No base mapping or topographical survey will be required. • No hydraulics analysis or design will be required. • No geotechnical investigation will be required except as noted under the environmental task. • No utility coordination or relocation will be required. • No public outreach will be required except as noted under the environmental task. • Plan sheets will consist of the following: • Cover (1 sheet) • Legend and Abbreviations (1 sheet) • Alignment (3 sheets): The CONSULTANT will utilize the aerial plan sheets included in the Memorandum dated June 24, 2009 to Jim Mahlum from Mike Horton in re "Port Angeles FEMA Repairs Phase 1 Scoping" (3 sheets). These sheets will be revised to delete all references to the soil failures locations. • Detail Sheets (up to 3 plan sheets) • WSDOT Standard bid items shall be utilized where applicable. • WSDOT's "Standard Specifications for Road and Bridge Construction" and WSDOT's "Local Agency General Special Provisions (GSP's)" current edition shall be utilized as applicable. • WSDOT's "Standard Plans" shall be utilized as applicable. • City will provide consolidated 90% comments to CONSULTANT. • City will provide "boiler plate" specifications. • City will print contract documents. • City will lead and manage the public bid process. OPTIONAL SERVICES Optional services that may be performed include: • Preparation of addenda and assist in the public bid process. • Construction Management Provision of optional services will require a supplement to this agreement. Port Angeles FEMA Repair Projects - Olympic Discovery Trail Page 2 Classification REIMBURSABLES: Total Hours SUB-CONSULTANTS: t-- tacon4 - ivkw.,g-A. q er . ..fe— - .•.; .r.,..; ,...41 ....,. - fle,Viologica0P,INIC.P5,-L AMENDMENT NO. 2 EXHIBIT B-2 Hours 367 X = X X • f:$129...0.0 = --. • • ,,-.:::,,,...1. 144., X = '.'lif.-; :-, 'Iti?'•::"• x x X • • $1,00:00.ti' , X ;.:-.• ',..' . 1.;:r T4.7.4 X - ?,•:- - , •' , ."1 x 79A0,.. ,1 - x , -, • 80 '00 -,:. - -,' = Rate Cost $44 - 635 , i $45,670 GRAND TOTAL: Rates shown reflect the typical compensation rate of employees assigncd to the billing category listed. Each category may have multiple employees assigned to that billing category and each employee may have a different hourly rate of pay. Employee compensation is subject to adjustment in June of each calendar year. Prepared By: Mike Horton Date: 11/16/2009