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Home My WebLink About000991 Amendment 000991 AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF PORT ANGELES AND HERRERA ENVIRONMENTAL CONSULTANTS Elwha River Hydraulic Analysis and Remediation THIS AMENDMENT NO I is made and entered into as of the date of the last signature affixed below, by and between the City of Port Angeles, a non-charter code city of the State of Washington, (hereinafter called the "CITY") and Herrera Environmental Consultants, a Washington Corporation authorized to do business in the State of Washington (hereinafter called the"CONSULTANT"). 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: SECTION 1 The CITY entered into the existing AGREEMENT with the CONSULTANT on August 18, 2015, (the AGREEMENT). SECTION 2 I. AMENDED SCOPE OF SERVICES In the late summer of 2015, the City authorized the Consultant to assist in resolving a problem with unusually low flows in the Elwha River that threatened to cut off the City's industrial water supply. This amendment reallocates budget from Tasks 1 through 3 into Task 4 and describes the work related to the drought conditions and low water levels in the Elwha River. Exhibit Al describes the additional work related to drought conditions,and is in addition to the original Scope of Work, Exhibit A of the original Agreement. Exhibit B 1 replaces Exhibit B of the original Agreement, and shows the budget reallocation. II. TIME OF PERFORMANCE The time of performance in Section IV of the Agreement is unchanged, and the duration of the amended Agreement extends through December 31, 2016. III. MAXIMUM COMPENSATION The maximum compensation in Section VI of the Agreement is unchanged, and remains at $33,000. Elwha River Hydraulic Analysis Amendment 1,Page 1 December 31,2015 IV. EXHIBITS This Amendment,including its exhibits, constitutes the entire Amendment,supersedes all prior written or oral understanding related to the subject of this Agreement,and may only be changed by written agreement by both parties. The following exhibits are hereby made part of this Amendment: Exhibit Al —Scope of Work—this is in addition to Exhibit A of the Agreement Exhibit B1 —Budget— this replaces Exhibit B of the Agreement SECTION 3 RATIFICATION Except as modified herein, the original AGREEMENT is confirmed and ratified. In WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement as of the last signature affixed below. CITY OF PORT NGE Herrera Environmental Consultants By: By: t Craig Fult , Director of Public Works Title: �..�.� �fdt ATTEST: APPROVED AS TO FORM William E. Bloor, City'- ttorne Y i [Elwha River Hydraulic Analysis Amendment 1,Page 2 December 31,201.5 EXHIBIT Al Scope of Work In August 2015,the Elwha River exhibited unusually low flows,with the potential that water levels at the Elwha Surface Water Intake (ESWI) would fall below the intake level and cut off water supply to the City, to its industrial customer Nippon Paper, to the Lower Elwha Klallam Tribe (LEKT) fish hatchery, and to the Washington Department of Fish and Wildlife (WDFW) fish hatchery. The City requested the Consultant's support under Task 4 of the original Agreement. The Consultant performed a hydraulic analysis to identify the best strategy of maintaining the low flow weir at the ESWI to keep the City water distribution system functional and to avoid impacts to fish passage. The recommended strategy involves placing large sandbags (approximately 1 cubic yard)at the weir to keep the ESWI functional down to flows as low as 75 cfs.The Consultant provided calculations and a graphic illustration to the City to assist in obtaining emergency permits to prevent water supply from being cut off. Using the information provided, the City submitted a Notice of Need for Emergency Work to the US Army Corps of Engineers (Corps), and provided copies to LEKT and to WDFW on September 1, 2015. The City also consulted informally with the federal services involved.In response to a request from WDFW that the City provide Herrera's analysis and calculations to WDFWs engineering review, a draft technical memo was prepared. The emergency work was not needed, because rains arrived in September and the river flows increased. It is recommended that,at a future date, the contract be amended again to add budget to finalize the technical memo and to secure multi-year permits from the regulatory agencies that would allow the City to take timely action in case of future drought years. This amendment covers emergency work related to unusually low water levels in the Elwha River in the summer and fall of 2015. This scope of work adds two new subtasks to Task 4 to describe the emergency work. Task 4.1 — Low Flow Hydraulic Analysis and Design Hydraulic analysis to identify the best strategy of maintaining the low flow weir at the City's Elwha River intake to maximize flow into its distribution system without detrimental impact to fisheries. Includes a graphic illustrating the proposed approach. Assumptions: • An on-site meeting to meet with permitting personnel and assess existing conditions. • The graphic delivered in .pdf format to be sent along in the permit application. Deliverables: A graphic illustrating the proposed approach/design. Elwha River Hydraulic Analysis Amendment 1,Page 3 December 31,2015 Budget $9,500 Task 4.2 — Hydraulic Analysis Memo A draft technical memo that summarizes the results of the hydraulic analysis of the approach developed in Task 4.1 and its implications to fisheries in the river. Supporting calculations included as an appendix, sufficient for permitting agencies and City staff to assess the merit of the proposed approach. Assumptions ■ The report includes a narrative describing the assumptions in the analysis, its implications to fisheries, and an appendix of calculations (i.e., a spreadsheet printout). Deliverables A report that summarizes the results of the hydraulics analysis in Task 5. Budget $4,500 Elwha River Hydraulic Analysis Amendment 1, Page 4 December 31,2015 EXHIBIT BI Budget Elwha River Hydraulic Analysis and Remediation Task Description Budget Amended Budget 1 Background and Existing $9,400 $8,000 Conditions Assessment 2 Field Investigation and $9,900 $7,000 Support 3 Reporting $9,700 $2,000 4 Additional Support $4,000 $2,000 4.1 Low Flow Analysis $9,500 4.2 Hydraulic Analysis Memo $4,500 TOTAL BUDGET $33,000 $33,000 i Elwha River Hydraulic Analysis Amendment 1,Page 5 December 31,2015 F ROUTE SLIP ` poRTA `V �14+cs ae� Amendment No. 1, SUBJECT: 2015 Elwha River Hydraulic Analysis and Remediation ORIGINATOR: Kathryn Neal DATE: 12-29-2015 TO: ACTION REQUESTED: INIT DATE: 1. Lucy Hanley Distribute �z ` 2. Mike Puntenney Review S ! 3. Heidi Greenwood Review 3. Bill Bloor Sin 4. Craig Fulton Sin 5. Jennifer Veneklasen Sign ''N 1-21 6. ORIGINATOR Amendment 1 is being issued to reallocate budget from Tasks 1 through 3 to COMMENTS: Task 4 of the original Agreement with Herrera Environmental Consultants.. In August and September 2015 work was authorized under Task 4, Additional Support,to respond to unusually low flows in the Elwha River that threatened to cut off the City's industrial water supply. This Amendment describes that emergency work in two new subtasks to Task 4. The original contract provided for task budgets to be modified upon mutual agreement of the parties. This Amendment documents the reasons the work was authorized and formally reallocates the task budgets. RETURN BY 11, 2--01(-, UAC N/A COUNCIL N/A ACCOUNTING 402-7380-534-4150 JAN - 5 401(o POF3T fd(:�, t