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HomeMy WebLinkAboutAddendum 1AMENDMENT NO. 1 TO AGREEMENT NO. WQC-2022-Renton-00047 BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND City of Renton PURPOSE: To amend the above-referenced agreement (AGREEMENT) between the state of Washington Department of Ecology (ECOLOGY) and City of Renton (RECIPIENT) for the Monroe Avenue NE Storm System Improvement Project (PROJECT). This amendment is needed to modify the PROJECT short and long descriptions and redistribute funds from Task 4 to Task 5 due to construction costs that were higher than originally anticipated. The original project will now be divided into two construction phases. The amended AGREEMENT will include the design for both Phase 1 and Phase 2, and construction of Phase 1 only. ECOLOGY will withhold payment for Phase 1 construction until the start of installation of either infiltration chambers or treatment best management practices (BMPs) during Phase 2. ECOLOGY may amend the AGREEMENT at a future date to match the low, responsive, responsible bid for construction of Phase 1. The budget will be adjusted as follows: Task 4 is reduced by $32,000.00, from $72,000.00 to $40,000.00 Task 5 is increased by $32,000.00, from $5,514,166.67 to $5,546,166.67 IT IS MUTUALLY AGREED that the AGREEMENT is amended as follows: Total Cost: Original: 13,046,459.00 Amended: 7,365,200.60 Project Short Description: Original: This project will improve water quality in the Cedar River through design and installation of a series of Runoff Treatment best management practices (BMPs) followed by infiltration in Upper Balch Pit in the City of Renton. This project will provide runoff treatment for total suspended solids (TSS), dissolved copper, and dissolved zinc and will provide flow control by increasing stormwater infiltration. Amended: This project will improve water quality in the Cedar River through design and construction of Phase 1, to include site preparation and placement of infiltration gravel, and design of Phase 2 infiltration chambers and a series of best management practices (BMPs) in the Upper Balch Pit in the City of Renton. This project will support Phase 2 installation to provide treatment for total suspended solids (TSS), dissolved copper, dissolved zinc, and flow control by increasing stormwater infiltration. Template Version 10/30/2015 DocuSign Envelope ID: 9AE9191B-B668-48FA-AA9F-11C37DD5094C CAG-22-077, #1-23 Page 2 of 7State of Washington Department of Ecology City of Renton Monroe Avenue NE Storm System Improvement Project Project Agreement No. WQC-2022-Renton-00047 Project Long Description: Amended: The RECIPIENT identified the central portion of the Renton Highlands neighborhood , or the Monroe Avenue NE Basin, for stormwater treatment. This area is approximately 245 acres, and its stormwater flows untreated to perforated infiltration pipes with insufficient capacity. During large rain events excess stormwater overflows from temporary outfalls on a trunkline on Monroe Ave NE and ponds at Upper Balch Pit. Ponded water infiltrates through native soil to groundwater that feeds the Cedar River. Upper Balch Pit’s property owner intends to terminate the RECIPIENT’s easement in 2023, and the RECIPIENT intends to construct a new drainage outlet prior to this termination. The Cedar River is Category 5 303(d) listed for pH, dissolved oxygen, and temperature; Category 2 303(d) listed for mercury; and Category 303(d) listed for copper, ammonia, arsenic, selenium, and bacteria. The Cedar River provides primary contact recreation and is a core summer salmonid habitat. It is flow control exempt and primarily influenced by groundwater flow. The Cedar River discharges to Lake Washington . The Monroe Avenue NE Basin is bounded by Monroe Avenue NE , NE 2nd street, Union Avenue NE and NE 9th street. It is primarily comprised of medium density residential and commercial lots. The area’s stormwater is currently untreated . The RECIPIENT will complete installation during two separate phases (Phase 1 and Phase 2). Phase 1 will consist of hauling and placement of select borrow and infiltration gravel up to elevation 315. This site preparation is required to support the StormTech Chamber Infiltration gallery which will be constructed under Phase 2. Additional work during Phase 1 will include the installation of a subsurface EcoBlock wall to separate infiltration gravel and non-infiltration existing onsite fill. The treated stormwater will infiltrate to groundwater that flows southwest to the Cedar River. Overall Goal: This project will help protect and restore water quality in Washington state by reducing stormwater impacts from existing infrastructure and development. CHANGES TO THE BUDGET Funding Distribution EG220463 Funding Title:SFAP Title:SFAP - SFY22 Funding Effective Date: Funding Source: Funding Expiration Date:07/01/2021 07/31/2025 Funding Type:Grant Template Version 10/30/2015 DocuSign Envelope ID: 9AE9191B-B668-48FA-AA9F-11C37DD5094C Page 3 of 7State of Washington Department of Ecology City of Renton Monroe Avenue NE Storm System Improvement Project Project Agreement No. WQC-2022-Renton-00047 Type:State 100% Model Toxics Control Capital Account(MTCCA) Stormwater Funding Source %: Description: FDFund: Approved Indirect Costs Rate: Recipient Match %: InKind Interlocal Allowed: InKind Other Allowed: Is this Funding Distribution used to match a federal grant? Approved State Indirect: 0% 25% No No No SFAP Task Total Grant and Loan Administration $5,000.00 Cultural and Environmental Reviews, and Permitting $2,000.00 Design Plans and Specifications $800,000.00 Construction Management $40,000.00 Construction $5,546,166.67 Project Close Out $4,000.00 Total: 6,397,166.67$ CHANGES TO SCOPE OF WORK Task Number:4 Task Cost: $40,000.00 Task Title:Construction Management Task Description: The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY . The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance . A.The RECIPIENT will provide construction oversight and management of the project . B.The RECIPIENT will submit a detailed Construction Quality Assurance Plan (CQAP) to ECOLOGY for review and Template Version 10/30/2015 DocuSign Envelope ID: 9AE9191B-B668-48FA-AA9F-11C37DD5094C Page 4 of 7State of Washington Department of Ecology City of Renton Monroe Avenue NE Storm System Improvement Project Project Agreement No. WQC-2022-Renton-00047 acceptance before the start of construction. This plan must describe how the RECIPIENT will perform adequate and competent construction oversight. Guidance for CQAP development is located in the Design Deliverables Document available on the ECOLOGY website. Allow 15 calendar days for ECOLOGY review . C.The RECIPIENT will conduct a pre-construction conference meeting and invite ECOLOGY to attend . D.The RECIPIENT will submit a project schedule prior to the start of construction and whenever major changes occur . E.Prior to execution, the RECIPIENT will submit to ECOLOGY any eligible change orders that deviate from ECOLOGY-accepted plans and specifications. ECOLOGY must review and accept all change orders that affect grant eligible activities prior to implementation. Allow 10 calendar days for ECOLOGY review. Task Goal Statement: The RECIPIENT will oversee and manage construction , communicate with ECOLOGY in a timely fashion, and provide ECOLOGY with all requested project documentation. Task Expected Outcome: The project will be constructed on schedule and in accordance with accepted plans. Deliverables Due DateDescriptionNumber 4.1 Construction Quality Assurance Plan. Upload to EAGL and notify ECOLOGY when upload is complete. Upload ECOLOGY acceptance documentation. 4.2 Pre-Construction Conference Meeting Minutes. Upload to EAGL and notify ECOLOGY when upload is complete . 4.3 Project Schedule. Submit prior to construction and when changes occur. Upload to EAGL and notify ECOLOGY when upload is complete . 4.4 Change Order(s). Upload to EAGL and notify ECOLOGY when upload is complete. Upload ECOLOGY acceptance documentation . CHANGES TO SCOPE OF WORK Task Number:5 Task Cost: $5,546,166.67 Task Title:Construction Task Description: The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY . The Template Version 10/30/2015 DocuSign Envelope ID: 9AE9191B-B668-48FA-AA9F-11C37DD5094C Page 5 of 7State of Washington Department of Ecology City of Renton Monroe Avenue NE Storm System Improvement Project Project Agreement No. WQC-2022-Renton-00047 RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance . A.The RECIPIENT will complete construction for Phase 1 of the project in accordance with ECOLOGY-accepted plans and specifications. Phase 1 will include hauling and placement of select borrow and infiltration gravel and construction of a subsurface EcoBlock wall. Phase 1 consists of construction work up to elevation 315. The completed retrofit project will mitigate runoff from approximately 245 acres of pollution-generating impervious surfaces. B.Stormwater Construction Completion Form signed by a professional engineer indicating that the project was completed in accordance with the plans and specifications, and major change orders approved by ECOLOGY’s Project Engineer and shown on the Record Drawings. The Stormwater Construction Completion Form can be found on the ECOLOGY website . Task Goal Statement: Construction of the project in accordance with ECOLOGY-accepted plans and specifications. Task Expected Outcome: Constructed project will support the completion of Phase 2 construction which will provide water quality benefits including reductions in total suspended solids (TSS), dissolved copper, and dissolved zinc. Deliverables Due DateDescriptionNumber 5.1 Signed and dated construction contract. Upload to EAGL and notify ECOLOGY when upload is complete. 5.2 Stormwater Construction Completion Form. Upload to EAGL and notify ECOLOGY when upload is complete. Template Version 10/30/2015 DocuSign Envelope ID: 9AE9191B-B668-48FA-AA9F-11C37DD5094C Page 6 of 7State of Washington Department of Ecology City of Renton Monroe Avenue NE Storm System Improvement Project Project Agreement No. WQC-2022-Renton-00047 Funding Distribution Summary Recipient / Ecology Share Funding Distribution Name Recipient Match %Recipient Share Ecology Share Total SFAP 25 %$$$1,599,291.67 4,797,875.00 6,397,166.67 Total 1,599,291.67 4,797,875.00 6,397,166.67$$$ Template Version 10/30/2015 DocuSign Envelope ID: 9AE9191B-B668-48FA-AA9F-11C37DD5094C Page 7 of 7State of Washington Department of Ecology City of Renton Monroe Avenue NE Storm System Improvement Project Project Agreement No. WQC-2022-Renton-00047 Washington State Department of Ecology Date Date Water Quality Vincent McGowan, P.E.Armondo Pavone Jason A. Seth City Clerk Date City of Renton AUTHORIZING SIGNATURES All other terms and conditions of the original Agreement including any Amendments remain in full force and effect , except as expressly provided by this Amendment . The signatories to this Amendment represent that they have the authority to execute this Amendment and bind their respective organizations to this Amendment. This amendment will be effective 01/19/2023. IN WITNESS WHEREOF: the parties hereto, having read this Amendment in its entirety, including all attachments, do agree in each and every particular and have thus set their hands hereunto. Mayor By:By: Program Manager Template Approved to Form by Attorney General's Office Template Version 10/30/2015 DocuSign Envelope ID: 9AE9191B-B668-48FA-AA9F-11C37DD5094C 3/1/2023 3/1/2023 3/1/2023