HomeMy WebLinkAbout000809 Amendment 2 City of Port Angeles
Record # 000809
SECOND AMENDMENT TO
PROFESSIONAL SERVICES CONTRACT
between
CITY OF PORT ANGELES
and the
Law Office of Thomas M.Pors
This amendment is entered into on this I- day of 4kel 2015, between the City of Port
Angeles, a municipal corporation of the State of Washington (hereinafter referred to as "City"),
and the Law Office of Thomas M. Pors, (hereinafter referred to as "Contractor").
In consideration of the covenants and promises set forth herein, the parties hereto agree as
follows:
1. The Parties entered into a Professional Service Contract on September 3, 2014.
This Professional Service Contract is incorporated by this reference and may
hereafter be referred to as "the Agreement."
2. The parties amended the Agreement on August 5, 2015. The Amended First
Agreement is incorporated by this reference and may hereafter be referred to as
the Amended Agreement.
3. The Agreement and Amended Agreement are hereby amended by adding the
Scope of Work that is attached as Exhibit A.
4. The Agreement and Amended Agreement are hereby amended by increasing the
not-to-exceed amount of compensation by$68,400.00 for a total of$92,400.00.
5. All other terms of the Agreement remain unchanged. As amended, the
Agreement and Amended Agreement are ratified and confirmed.
IN WITNESS WHEREOF, the parties hereto have executed this contract the date and year
indicated below.
Date: 1�110 I ` Date:
CITY OF P9RT ' G ES r- CONTRACT ice of Thomas M.Pors
By
f�0 Dan Di Guilio, Mayor Thomas ors
AT EST: APPR VEDAS TO�,FORM:-
Jennifer Veneklasen, City er William E. Bloor, City Attorney
LAW OFFICE OF THOMAS M. FORS
MEMORANDUM
TO: William Bloor, City Attorney, City of Port Angeles
FROM: Thomas M. Pors
SUBJECT: Scope of Work and Budget for Legal Services
DATE: September 2, 2015
You asked me to provide a scope of work and budget for legal services relating to
several ongoing matters. These include advising COPA and negotiating with NPS
regarding Elwha Dam removal mitigation and the potential transfer of facilities to COPA,
permitting strategies relating to water system facilities and their operation and
maintenance; water rights and water supply contract issues relating to low flows and
drought conditions; and review and revisions to COPA's draft water system plan update.
SCOPE OF WORK
1. Elwha Dam Removal Mitigation and the Potential Transfer of Facilities to COPA:
a. Advise COPA re due diligence tasks, alternatives, risk assessment and
permitting requirements.
b. Meetings with NPS and GSA staff and attorneys re transfer options, due
diligence and agreements.
c. Negotiate and/or draft transfer agreements and supplements to MOU with
NPS.
2. Permitting Strategies Relating to Water System Facilities and their Operation and
Maintenance:
a. Research permitting requirements for mitigation projects and operations
essential to operation of COPA water system facilities for municipal and
industrial uses, during dam removal impact period and beyond.
b. Meetings with NPS and other permitting authorities re same.
c. Finalize permitting strategy, and assist COPA or other lead agencies with
necessary applications, processing and appeals.
- 1 -
LAW OFFICE OF THOMAS M. FORS
3. Water Rights and Water Supply Contract Issues Relating to Low Flows and
Drought Conditions.
a. Attention to water right and contract issues during low flows, and advise
COPA re same.
b. Develop strategies for complying with COPA contract obligations and
protecting water rights during low flow conditions.
c. Implement strategies as necessary.
4. Review and Revisions to COPA's Draft Water System Plan (WSP) Update.
a. Review draft WSP and attachments, and coordinate with CH2M Hill and
COPA public works staff.
b. Revise draft WSP text and tables as necessary to conform with current
status of water rights and planning projections.
BUDGET
Task Projected Budget
la and 2a Billed to date (Invoice 469) $8,400
Foreseeable updates $3,500
1b and 2b. Meetings and follow up negotiations $10,500
1c. Transfer agreements and MOU revisions $7,000
2c. Permit applications and processing $21,000
3a and 3b. Low flow analysis and strategies $3,500
3c. Contracts and other implementation $7,000
4a and 4b. Water System Plan update $3,500
Total $64,400.00
These budget figures are only estimates based on my experience with similar projects.
Tasks 1 a and 2a have started and are substantially complete. Please call me if you have
any questions.
Tom Pors, (206) 357-8570.
- 2 -