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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 -