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HomeMy WebLinkAboutAddendum - 1AMENDMENT NO. 1 TO AGREEMENT FOR THE CEDAR RIVER MAINTENANCE DREDGE PROJECT POST CONSTRUCTION DOCUMENTATION & MITIGATION MONITORING, CAG-18-057 THIS AMENDMENT, dated for reference purposes only as May 21, 2024, is by and between the GeoEngineers, Inc. a Washington Corporation. The City and the Consultant are referred to collectively in this Amendment Amendment is effective as of the last date signed by both parties. Whereas, the City engaged the services of the Consultant under Agreement CAG-18-057, dated March 8, 2018, to provide necessary services for the Cedar River Maintenance Dredge Project Post Construction Documentation and Mitigation Monitoring (referred to herein as the Whereas, the Parties wish to amend the Agreement to change the scope of work, and change the time for performance in order to provide the required mitigation monitoring for Years 8 through 10 as required in the project Mitigation Plan and environmental permits from the USACE, WDFW, and Ecology following the completion of the Cedar River Dredging . NOW THEREFORE, It is mutually agreed upon that CAG-18-057 is amended as follows: Scope of Work: Section 1, Scope of Work, is amended to add work as specified in Exhibit A , which is attached and incorporated herein. Time of Performance:Section 3, Time of Performance, is amended pursuant to the schedule(s) set forth in Exhibit A All Work shall be performed by no later than June 30, 2028. All terms of the Agreement not explicitly modified herein shall remain in full force and effect and such terms shall apply to Work performed according to this Amendment as if fully set forth herein. CAG-18-057, Adden #1-24 PAGE 2 OF 2 IN WITNESS WHEREOF, the Parties have voluntarily entered into this Amendment as of the date last signed by the Parties below. CITY OF RENTON By:_____________________________ CONSULTANT By:____________________________ Martin Pastucha PW Administrator Joseph Callaghan, PWS Associate-in-Charge _____________________________ Date _____________________________ Date Approved as to Legal Form By: __________________________ Shane Moloney Renton City Attorney Contract Template Updated 06/17/2021 FOR 06/03/2024 Approved by Cheryl Beyer via email 5/30/2024 1101 South Fawcett Avenue, Suite 200 Tacoma, Washington 98402 253.383.4940 May 24, 2024 City of Renton Public Works – Surface Water Utility 1055 South Grady Way – 5th Floor Renton, Washington 98057 Attention: Jared McDonald, PE Subject: Amendment 1 Post-Construction Mitigation Monitoring Services Monitoring Years 8 through 10 Cedar River Maintenance Dredging Project Renton, Washington File No. 0693-073-04 Thank you for requesting this proposal amendment from GeoEngineers, Inc. (GeoEngineers) to support the City of Renton (City) with post-construction monitoring and documentation, and Elliot Channel contingency planning for the Cedar River Maintenance Dredging Project. We understand that the City is requesting consulting services to complete biological components of the required mitigation monitoring for Years 8 through 10, following completion of the dredging, as required in the project Mitigation Plan and environmental permits from the U.S. Army Corps of Engineers (USACE), Washington Department of Fish and Wildlife (WDFW) and Washington State Department of Ecology (Ecology). GeoEngineers previously completed baseline assessments, mitigation planning, permitting support and post-construction, as-built documentation and the first 7 years of monitoring for the project. We are, therefore, well versed in the permit requirements and mitigation commitments that have been made. Additionally, as part of this scope amendment, GeoEngineers will continue to support the City with contingency planning for the Elliot Channel during 2024. We appreciate your continued trust in us to provide ongoing project support and look forward to continuing to work with you on this important project. Exhibit A City of Renton | May 24, 2024 Page 2 File No. 0693-073-04 TASK 0700. ELLIOT CHANNEL CONTINGENCY PLANNING This task includes supporting the City with agency negotiations and documentation related to contingency planning for mitigation associated with the Elliot Channel, which was damaged in 2020. The scope of services for this task are loosely defined to include, but are not necessarily limited to, the following: Preparation for and participation in multi-stakeholder meetings with the City, WDFW, Ecology, USACE and Muckleshoot Indian Tribe Fisheries Department (MITFD). This may include developing presentations, internal and external preparatory meetings, stakeholder meetings, etc. Developing conceptual design illustrations to support agency negotiations. Data extraction and analysis in support of City objectives for modifying permit requirements or conditions. Preparation of graphics, charts, tabular data or other materials in support of permit negotiations. Developing memoranda or other written documentation in support of permit negotiations or modifications. Task Assumptions Our understanding of this task is based on the most recent coordination meetings but may change or evolve through time as a result of future coordination, which is difficult to predict. We have, therefore, budgeted this task using available funds remaining from the existing contract. Services will be provided as requested on a time-and-expense basis. Depending on the type and nature of support, and level of effort required, a contract amendment may be required once funds are exhausted. At this time, we are not planning for conceptual design advancement of the alternative mitigation nor development of a mitigation plan previously requested by the USACE, and our design work has been paused. Should these elements be requested again, they would likely exceed the available budget and require a contract amendment. Monthly stakeholder coordination meetings are anticipated over a 6-month duration. Deliverables Presentation materials used for stakeholder coordination Meeting minutes Other submittals as requested, to be determined TASKS 0800 THROUGH 1000. POST-CONSTRUCTION MITIGATION MONITORING SERVICES The purposes of our proposed services are to provide the required mitigation monitoring and corrective actions associated with environmental commitments required by the USACE Standard Individual Permit #NWS-2013-0804 dated May 20, 2016, which references the Mitigation Plan dated May 3, 2016, and the WDFW Mitigation Agreement dated March 22, 2016. These permits require a formal monitoring program for 10 years following completion of the dredging project. Exhibit A City of Renton | May 24, 2024 Page 3 File No. 0693-073-04 GeoEngineers is currently under contract with the City to provide the required monitoring through Year 7 (2023). The following scope of services address continued monitoring for Years 8 through 10, as required by the permits. Monitoring during Years 8 through 10 (2024 through 2026) are proposed as the following tasks: 0800 – Year 8 Post-Construction Mitigation Monitoring 0900 – Year 9 Post-Construction Mitigation Monitoring 1000 – Year 10 Post-Construction Mitigation Monitoring For each of these tasks, we will complete the following subtasks: Sub Task 1. Vegetation Monitoring The USACE Clean Water Act permit obtained for the project requires formal vegetation monitoring during post-construction Years 1, 2, 3, 5, 7 and 10. This task includes completion of required vegetation monitoring associated with mitigation plantings installed by the City along the mainstem Cedar River channel, Elliot Channel riparian area and Royal Hills Spawning Channel riparian area. Plantings installed for the project, cover an estimated 85,500 square feet (2.0 acres) along the mainstem, 14,000 square feet (0.3 acres) at the Elliot Channel and 40,000 square feet (0.9 acres) at the Royal Hills Channel, for a total of 139,500 square feet (3.2 acres). SCHEDULE Vegetation monitoring will be completed in the fall during Year 10. SCOPE GeoEngineers will complete the following scope items during the vegetation monitoring year identified above: Conduct annual vegetation monitoring. Document the following vegetation metrics as required according to the Performance Standards identified in the Mitigation Plan: Survival of trees. Survival and/or cover of planted shrubs and live stakes, including live stakes planted in riprap areas, brush layering area and vegetated walls. Cover of the herbaceous stratum and grass areas. Survival and/or cover of previously planted areas associated with spawning side channels and construction plantings at the inlet of Elliot Channel. Cover of invasive species. Document general conditions of installed plants within monitoring plots and generally throughout the planted areas. Collect representative photographs at each monitoring plot/station for use in tracking conditions throughout the monitoring period. Exhibit AExhibit AExhibit A City of Renton | May 24, 2024 Page 4 File No. 0693-073-04 Document general condition of the soft bank bioengineering structures constructed for new bank stabilization and where the gabion wall was removed. Inspect for trash/garbage/vandalism. Inspect gates/signage. Evaluate data results in relation to performance standards established for the project. Develop recommendations for pre-emptive invasive species control, other maintenance actions or corrective actions, if needed. Complete monitoring letter report addressing the mitigation plantings and performance standards identified above and in the Mitigation Plan. DELIVERABLES One Vegetation Monitoring Report for the Year 10 required vegetation monitoring event per the schedule above (total of one report). Sub Task 2. Vegetation Maintenance Support The USACE Clean Water Act requires post-construction monitoring and maintenance of the mitigation sites for 10 years. Formal vegetation monitoring is required during post-construction Years 1, 2, 3, 5, 7 and 10 as described in Task 1. Task 2 includes auxiliary support to the City with vegetation maintenance to meet the requirements of Task 1 and other permit requirements. This task will be completed annually to ensure mitigation success and compliance with project permits, including the performance standards formally documented as part of Task 1. SCHEDULE Support for the vegetation maintenance obligations will be provided during Years 8 through 10. SCOPE GeoEngineers will complete the following scope items annually: Interim Monitoring and Documentation.Vegetation monitoring support will be provided multiple times per year, each of the 3 years to document progress towards performance standards and seasonal maintenance requirements. To complete this sub-task, GeoEngineers will: Complete a pre-maintenance walk-through with the City and/or City’s landscape contractor early in the growing season. The purpose of the walk-through will be to identify recommended maintenance actions that should be completed during the upcoming growing season prior to the fall monitoring event (if applicable). Provide recommendations regarding materials and methods for landscape maintenance, including species substitutions if recommended. Complete a second walk-through with the City and/or City’s landscape contractor late in the growing season to verify maintenance success, identify plant replacements needed, if any, and/or identify additional maintenance actions recommended before the next growing season, if any. Complete a third (final) walk-through with the City and/or City’s landscape contractor to verify plant replacements. Exhibit A City of Renton | May 24, 2024 Page 5 File No. 0693-073-04 Document the results of each walk-through with a field report that can be appended to the Vegetation Monitoring Reports (Task 1), if appropriate, and/or bid packets (see below). TASK ASSUMPTIONS Our scope and budget for this task are based on the following assumptions and exclusions: Walk-throughs will be completed along the mainstem Cedar River and each spawning channel in a single day. DELIVERABLES Field report following each walk-through. Sub Task 3. Spawning Channel Physical Parameters The USACE Clean Water Act requires post-construction monitoring and maintenance of the mitigation sites for 10 years. This task addresses required monitoring of physical parameters (substrate, flow depth and velocity) within the spawning channels, as identified in the Mitigation Plan and WDFW Mitigation Agreement. SCHEDULE Monitoring physical parameters of the spawning channels will be completed annually during Years 8 through 10 as specified below. SCOPE GeoEngineers will complete the following scope items annually: Document general condition of the new culvert inlet, instream vegetation throughout the channel and bank treatments (e.g., large woody debris [LWD]) at the Elliot Channel. Complete annual substrate monitoring between July 15th and August 31st of each year, in accordance with methods established in the Mitigation Plan (WDFW Mitigation Agreement March 22, 2016). Complete monthly flow rate (velocity) and depth monitoring during October, November and December (WDFW Mitigation Agreement dated March 22, 2016). Evaluate data results in relation to performance standards established for the project. Develop recommendations, if any, for maintenance or corrective actions related to substrate conditions, flow depth and/or flow velocity. Complete a Monitoring Report addressing the Elliot Spawning Channel and Royal Hills Spawning Channel physical parameters identified above. TASK ASSUMPTIONS Monthly inspection of the spawning channel inlet structures is not included in our scope and should be completed by others. DELIVERABLES Annual Monitoring Reports Exhibit AExhibit AExhibit A City of Renton | May 24, 2024 Page 6 File No. 0693-073-04 Sub Task 4. Fish Surveys The WDFW Mitigation Agreement dated March 22, 2016, requires monitoring of the Elliot and Royal Hills Spawning channels until sockeye spawners in the lower river and the two spawning channels meet 15 percent of the total Cedar River sockeye run. WDFW requires the City to conduct live fish count surveys in the spawning channels and allows for the City to provide representation in the mainstem monitoring that is conducted by WDFW and the MITFD. This task has been prepared to satisfy the live fish count requirements for the two spawning channels and additional monitoring in the mainstem in collaboration with WDFW and/or MIT. SCHEDULE Fish surveys will be completed annually during Years 2 through 7. SCOPE To complete this task, GeoEngineers will: Complete weekly live fish counts and redd surveys for Elliot Channel during the spawning season, which is estimated to last from September 15th through December 31st of each year (WDFW Mitigation Agreement March 22, 2016). Complete weekly live fish counts and redd surveys for Royal Hills Channel during the spawning season, which is estimated to last from September 15th through December 31st of each year (WDFW Mitigation Agreement March 22, 2016). Complete an Annual Monitoring Report addressing the fish surveys in the Elliot Spawning Channel, Royal Hills Spawning Channel and Mainstem. TASK ASSUMPTIONS For budgeting purposes, we have assumed it will require 10 site visits to complete live fish surveys weekly during the spawning season in the Royal Hills and Elliot Spawning Channels. DELIVERABLES Annual Monitoring Reports Sub Task 5. Monitoring Summary and Agency Coordination This task includes preparation of Monitoring Summary Reports to be submitted to regulatory agencies in fulfillment of mitigation monitoring requirements. The Summary Reports will summarize monitoring requirements and documentation completed in fulfillment of those requirements. We will append to this report specific documentation prepared by GeoEngineers (biological/mitigation elements) and others, which may include, but are not limited to: scour study; lighting implementation; and other inspections. SCHEDULE Monitoring Summary Reports will be completed annually during Years 8 through 10. Exhibit A 8 through 10 City of Renton | May 24, 2024 Page 7 File No. 0693-073-04 Sub Task 6. Miscellaneous Permit Support This task includes miscellaneous permit support that may be required of the project not included or identified in other tasks above. The purpose of this task is to be able to provide maintenance and permitting assistance on an as-needed basis in an adaptive manner, which may depend on the results of other monitoring activities and cannot be specifically predicted at this time. SCHEDULE This task will be completed throughout the period of this contract, as requested. SCOPE Maintenance and permitting assistance tasks may include, but are not necessarily limited to: Addressing substrate deficiencies identified as a result of Task 3 (Spawning Channel Physical Parameters). Providing additional agency coordination above and beyond the level anticipated as part of Task 5 (Monitoring Summary and Agency Coordination). Preparing permit application materials and/or drawing plans that may be needed to implement contingency measures if performance standards are not achieved. For example, some contingency measures may not be covered under the existing permit authorizations and may, therefore, require submittal of independent Joint Aquatic Resource Permit Applications (JARPAs) to regulatory agencies. Drawing plans may be required to convey information to contractors that are retained to implement contingency measures. TASK ASSUMPTIONS Budget for this task is established based on an estimate of up to 40 hours of technical staff time plus limited additional administrative support time on an annual basis. DELIVERABLES To be determined as requested by the City. Our scope and budget for all tasks identified above and associated budget are based on the following general assumptions and exclusions that apply broadly to our services: City will coordinate and provide site access as well as an escort for activities in restricted areas. All services described in this scope are covered under existing environmental permits for the project. If any agency deems a corrective action to be not covered by the existing permits, additional permitting may be needed. Additional permitting can be completed as part of Sub Task 6 within the limits of budget established herein, or otherwise be subject to a contract amendment. Completion of routine maintenance actions, invasive species control, removal of trash/debris, other repairs and/or contingency or adaptive management actions are not included in our scope at this time. Exhibit AExhibit AExhibit A City of Renton | May 24, 2024 Page 8 File No. 0693-073-04 A Professional Land Survey (PLS) may be needed to survey and document work completed during maintenance and/or contingency measures. PLS is not included in GeoEngineers scope. FEE ESTIMATE The fee for our services will be determined using the rates contained in our standard Schedule of Charges, which is attached as part of this proposal. Our budget estimate includes an annual inflation of 3 percent to cover anticipated increases in costs through time as may be reflected in annual updates to the Schedule of Charges. The total estimated fee for the work described above and a per-task breakdown are included in Exhibit B. The total fee estimated for the work described above is $492,588. However, Tasks 0700-01 and 0700-02 have already been completed at the time of preparation of this amendment using funds from the existing contract. These tasks total $41,124. Therefore, the proposed budget necessary to amend the contract based on this scope of work is presented in the table below. TASK ESTIMATED BUDGET Task 0700 – Elliot Channel Contingency Planning $79,500 Task 0800 – Year 8 Monitoring $64,656 Task 0900 – Year 9 Monitoring $66,595 Task 1000 – Year 10 Monitoring $93,102 Total for Amendment 1 Services $303,853 Less unspent funds from Years 2-7 Monitoring ($303,853) Total Requested Amendment $0 Original Contract Budget $963,864 Total Revised Budget $963,864 SCHEDULE Work associated with Task 0700 is anticipated to continue until a resolution is identified. Yearly monitoring will follow the schedule established in the original contract and will continue during 2024 (Year 8), 2025 (Year 9) and 2026 (Year 10). CONTRACT TERMS The services described in this proposal will be completed and payment made according to the terms and conditions of the Professional Services Agreement established between the City of Renton and GeoEngineers, Inc. Exhibit A City of Renton | May 24, 2024 Page 9 File No. 0693-073-04 We appreciate the opportunity to present this proposal to provide post-construction mitigation services on this project. Please contact us if you have any questions concerning this proposal. Sincerely, GeoEngineers, Inc. David B. Conlin, PWS Joseph O. Callaghan, PWS Associate Principal DBC:JOC:tlm Attachments: Exhibit B. Budget Proprietary Notice: The contents of this document are proprietary to GeoEngineers, Inc. and are intended solely for use by our client to evaluate GeoEngineers' capabilities and understanding of project requirements as they relate to performing the services proposed for a specific project. Copies of this document or its contents may not be disclosed to any other parties without the written consent of GeoEngineers. Disclaimer: Any electronic form, facsimile or hard copy of the original document (email, text, table, and/or figure), if provided, and any attachments are only a copy of the original document. The original document is stored by GeoEngineers, Inc. and will serve as the official document of record. Copyright© 2024 by GeoEngineers, Inc. All rights reserved. Exhibit A Ex h i b i t A Ex h i b i t A Ex h i b i t A