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HomeMy WebLinkAboutAdden 4 CAG-16-108 , Adden #4-19 v 0 N 0 AMENDMENT NO. 4 TO AGREEMENT FOR THUNDER HILLS SANITARY SEWER INTERCEPTOR REPLACEMENT PROJECT THIS AMENDMENT, dated April 15, 2019, is by and between the City of Renton (the "City"), a Washington municipal corporation, and Stantec Consulting Services, Inc. ("Consultant"), a New York corporation. The City and the Consultant are referred to collectively in this Amendment as the "Parties." Once fully executed by the Parties, this Amendment is effective as of the last date signed by both parties. Whereas, the City engaged the services of the Consultant under Agreement CAG-16-108, dated June 23, 2016, to provide necessary services for the Thunder Hills Sanitary Sewer Interceptor Replacement Project (referred to herein as the "Agreement"); Whereas, the Parties wish to amend the Agreement to change the scope of work, change the time of performance, and change the compensation in order to allow the consultant to complete additional tasks needed for permitting associated with the federal and state permits required to perform the proposed work. NOW THEREFORE, It is mutually agreed upon that CAG-16-108 is amended as follows: 1. Scope of Work: Section 1, Scope of Work, is amended to add work as specified in Exhibit A-4, which is attached and incorporated herein. 2. Time of Performance: Section 3, Time of Performance, is amended pursuant to the schedule(s) set forth in Exhibit B-4. All Work shall be performed by no later than March 31, 2021. 3. Compensation: Section 4, Compensation, is amended so that the maximum amount of compensation payable to Consultant is increased by $170,833, from $417,892 to $588,725, plus any applicable state and local sales taxes. The additional compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit C-4 of the agreement, which is attached and incorporated herein. 4. 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. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON CONSULTANT c c By: ,ll By: 4,„vX e/2-'1 --- Denis Law vid Price, P.E. Mayor / Principal �s'4/ 79' 4/5/2019 Date Date Attest v L 113 Jason A. Seth ' City Cler Approved as to Legal Form •SShhannee Moloney Renton City Attorney Contract Template Updated 03/12/2019 O"""11111111 ".c%'\� O r llt i * - EAL - * . PAGE 2 OF 2 Exhibit A-4 SCOPE OF SERVICES City of Renton Thunder Hills Sanitary Sewer Interceptor Replacement Project CAG-16-108 Amendment No. 4 Stantec Consulting Services Inc. AMENDMENT DESCRIPTION AND PURPOSE The purpose of this Amendment is to provide for additional design and permitting services, and to provide for additional effort related to managing the project through completion of construction, due to the extended schedule. The budget has also been adjusted to compensate for increases in the billing rates for Stantec staff members for 2019 services, given the fact the original contract was initiated in 2016. At that time, the schedule for execution did not foresee the amount of time or effort that would be involved in completing the environmental documentation and permitting tasks. SCOPE OF SERVICES AND TASKS This scope of services consists of additional work required under the following tasks: Task 200 Project Management The project was originally scheduled to be complete (constructed) at the end of 2018. The project is now scheduled for construction in 2020. Additional project management services for up to 27 months will be required to meet the current design and construction schedule, and to account for adjustments in Stantec rates for the remaining work. In addition, some budget was previously transferred from Task 200 to keep project activities related to environmental documentation, permitting and surveying moving, avoiding further project schedule impacts. Task 201 Surveying Effort beyond that originally estimated was required to identify the limits of required easements and complete the associated easement exhibits for the project. This was significantly influenced by the environmental constraints on the project as well as the following considerations: • Additional survey was required to identify location and depth of the 20-inch gas main described in Task 202. • Additional right-of way calculations were required to complete the WSDOT maintenance agreement. V:12002\active\2002003611\management\agreementlamend_4\Thunder Hill A-4 Sewer_Amend 4_Scope_FINAL_20190318.docx 3/19/2019 Thunder Hills Sanitary Sewer Interceptor Replacement Exhibit A-2 Amendment 4 Scope of Services Page 2 of 4 Budget was reallocated to this task from the Construction Services budget to complete the tasks described above to avoid stopping work in order to process a scope amendment, which would have further delayed the project timeline. Task 202 Design The location and depth of the 20-inch gas line needed to be verified to meet the requirements for the Olympic Pipeline right-of-way use permit and to determine if there are any proposed conflicts between the proposed sanitary sewer and the 20-inch gas main. Stantec performed research to identify contractors with the capability to access the location and pothole to locate the gas main. Stantec identified and coordinated with Bravo Environmental Services to provide potholing for the gas main. The cost incurred by Bravo Environmental Services is $10,020.32. Stantec also provided coordination with Bravo and the City for the potholing effort.This is effort which was not previously included in Stantec's scope of services. Additional effort was required of the Stantec engineering team in order to minimize the impact of the proposed facilities and facilitate both environmental and WSDOT permitting. Engineering staff have worked closely with and coordinated with the environmental team to advance the project and ensure it remains technically viable and will meet the City's goals. We anticipate some additional effort as the WSDOT and WDFW permitting processes are completed in coming weeks. The services are also revised to include the additional time and materials for design revisions implemented during prior 60 and 90 percent design submittals, and to account for adjustments in Stantec rates for the remaining work. Task 203 Permitting The permitting for this project involves entering into a maintenance agreement with WSDOT for access to the sewer within the WSDOT ROW. Work for this task included preliminary coordination and negotiation with WSDOT to determine the type of agreement, and creation of an exhibit for the agreement. During the course of this aspect of the permitting process, this project's WSDOT component has changed hands within WSDOT multiple times, leading to inefficiencies in the review process which has consumed more Stantec time than otherwise anticipated. Additionally, multiple times WSDOT has been delayed due to understaffing issues, which has lengthened the processing timeline.The latest and current reviewer, Chad Lee, was assigned in March 2018 and, at that time, he concluded that the utility franchise permit needed to be updated, and that he would work with the WSDOT regional manager to get a ROW permit approved for the purpose of this project only. During this time, Stantec provided several figures, photos, and information (requested by Mr. Lee) to ensure they had the documentation required to finalize their permitting process. After several follow-up communications with WSDOT, they responded in June 2018 that an Air Space Lease would be required for the access road within WSDOT's ROW, The City responded that they had no Real Estate personnel and would need Stantec to facilitate this agreement. WSDOT also indicated that a utility franchise would be needed for the portion of the sewer line rehabilitation within their ROW, and that they would continue to facilitate that portion on their end. Additional exhibits and information were sent to WSDOT in August and September 2018, as their real estate contacts needed more V:\2002\active\2002003611\management\agreement\amend_4\Thunder Hill A-4 Sewer_Amend 4_Scope_FINAL_20190318.docx 3/19/2019 Thunder Bills Sanitary Sewer Interceptor Replacement Exhibit A-2 Amendment 4 Scope of Services Page 3 of 4 information. In September 2018, Mr. Lee indicated that after his communications with the WSDOT real estate staff, they felt that a Maintenance Agreement would be the most appropriate way to handle the City's proposed work on the access road, and that the utility franchise for the sewer line rehabilitation portion would be issued in conjunction with that agreement. Stantec proceeded to provide information and additional figures to WSDOT's Lara Zimmerman and Mr. Lee during the development of the agreement, approval of which has yet to be forthcoming despite final edits made in early February 2019. The following additional items were required in support of the SEPA process during the Environmental Review Committee (ERC) review: • Preparation of the Modification Package for the use of retaining walls higher than the 6 feet allowed by City code • Communications with the City and subsequent review of plans and calculations of amount of maintenance access road improvements within protected slope areas (grades exceeding 40%) to determine that the improvements would not exceed the 10% exemption allowance and would not trigger a variance. • Detailed online review of State mapping resources to provide stream classification clarification and review of the code mitigation requirements were submitted to the ERC to address Tribal comments submitted during the SEPA review. The services are further revised to include the additional time and materials for preparation of documents and figures related to the Army Corp of Engineers Nationwide Permit, and to account for adjustments in Stantec rates for the remaining work. On February 27, 2019, comments were received from the Washington Department of Fish and Wildlife (WDFW) regarding the HPA permit application. The comments originated with the Muckleshoot Tribe (Tribe) "in the interest of protecting and restoring the Tribe's treaty-protected fisheries resources." The comments include a dispute of the stream classification, which were determined to need revision based on communication and clarification with Larry Fisher (WDFW) on February 28, 2019. These comments from the Tribe include the need for the additional work to clarify various aspects of project work, request of all trees removed to be placed in the stream, and revisions to the mitigation plans to address knotweed. In order to perform research, including a site walk-though to identify areas of concern, perform a site visit with all stakeholders (City, WDFW, Tribe, and Stantec), as well as properly address recent comments, an allowance of$10,000 has been added. We do not know the extent of the total effort required to resolve this issue, so additional budget still may be necessary. On March 12, 2019, comments were received from the United States Army Corps of Engineers (USACE) regarding the JARPA permit application.The comments include requests for additional information, as well as significant revisions to the drawings submitted for the wetland and stream buffer mitigation to show further information. In order to perform research, including a site walkthough to identify areas of concern, perform a site visit with all stakeholders (City, WDFW, Tribe, and Stantec), and to properly address comments related to both the WDFW and USACE permits, an V:\2002\active\2002003611\management\agreement\amend_4\Thunder Hill A-4 Sewer Amend 4_Scope_FINAL_20190318.docx 3/19/2019 Thunder Hills Sanitary Sewer Interceptor Replacement Exhibit A-2 Amendment 4 Scope of Services Page 4 of 4 allowance of$1 1,000 has been added. We do not know the extent of the total effort required to resolve this issue, so additional budget still may be necessary. Additional scope and budget is also required for the Watershed Company to perform the required site visits, report revisions, additional technical memorandum, and attend the required agency meeting to address the WDFW and USACE comments. The total budget for the additional scope of work is $14,455, or$15,900 with Stantec's markup. Task 204 Bidding Services This project was originally scheduled to bid in January 2018. The budget was revised to address adjustments in rates for Stantec staff effective January 1, 2019. Task 205 Construction Support Services This project was originally scheduled to bid in January 2018. The budget was revised to compensate for original budget reallocated to avoid hampering execution of other tasks (permitting & design)and to account for Stantec rate adjustments. COMPENSATION FOR SERVICES END OF EXHIBIT A-4 V:12002\active\2002003611\management\agreement\amend_4\Thunder Hill A-4 Sewer_Amend 4_Scope_FINAL_20190318.docx 3/19/2019 2 " "i_� SCIENCE & DESIGN tWIATERSHED COMPANY Thunder Hills Sanitary Sewer Interceptor Existing Condition/Accessibility and Alternatives Analysis Sub-consulting Environmental Services Additional Scope of Work March 15th,2019 The Watershed Company will furnish the following services to Prime Consultant Stantec: Task 1: Site Visit&Report Revisions (NTE$2,555): 1. Perform a site visit to classify Thunder Hills Creek tributaries and verify knotweed locations. 2. Amend Critical Areas Report(CAR) (2018). 3. Amend Wetland and Stream Delineation Report(2015) to reflect Thunder Hills classification,tributary classification(s) (if necessary), and detail knotweed removal (if necessary). Task 1 Assumptions: 1. Project mileage, reproduction and other expenses are included in the NTE. 2. All deliverables will be furnished electronically. The deliverables that you will receive are: • Updated CAR • Updated Wetland and Stream Delineation Report Task 2: Technical Memo (NTE$2,100): 1. Write a follow-up memo documenting and explaining the rationale behind the additional log placement and why some trees may be inappropriate for in-stream use. Task 2 Assumptions: 1. All deliverables will be furnished electronically. The deliverables that you will receive are: • Technical memo Task 3: Revise Plans&Update Drawings(NTE$8,510): 1. Perform site visit to evaluate the 40 trees indicated for removal on the civil plans and select locations for instream placement, if and where appropriate. 750 Sixth Street South i Kirkland,WA 98033 p 425.822.5242 ! f 425.827.8136 i watershedco.com Thunder Hills Additional Scope of Work The Watershed Company March 13,2019 Page 2 2. Revise mitigation plans to reflect additional project buffer impacts(if any),on-site restoration, and log placements. 3. Revise mitigation plans to reflect USAGE 3/12/19 redlines. 4. Update JARPA drawings to reflect USAGE 3/12/19 redlines. 5. Provide additional critical area impact drawings according to USAGE 3/12/2019 comments. 6. Update Hydrologic&Hydraulic model to aid locating additional log placements. Task 3 Assumptions: 1. All deliverables will be furnished electronically. The deliverables that you will receive are: • Updated JARPA drawings • Updated mitigation plan set • Additional critical area impact drawings Task 4:Agency Meeting(NTE$1,290): 1. Attend one in-person meeting with WDFW and the Muckleshoot Tribe representative. 2. Meeting debrief coordination calls and emails There are no assumptions or deliverables associated with this task. Thunder Hills Sanitary Sewer Interceptor Replacement Project Exhibit B Schedule—Design&Bidding Services Page 1 of 1 EXHIBIT B-4 SCHEDULE City of Renton Thunder Hills Sanitary Sewer Interceptor Replacement Project Design and Construction Services Stantec Consulting Services Inc. Due to the changes in time to complete design and permitting services, the project schedule has been modified, as shown below. SCHEDULE • Notice to Proceed —June 1, 2016 • Survey/Easement Exhibits—June 2016 to August 2016 • Design—July 2016 to January 2020 • Permitting —September 2016 to December 2019 • Bidding Services— February 2020 to March 2020 • Construction Services—April 2020 to September 2020 *All work under this contract to be completed by March 31, 2021 END OF EXHIBIT V:\2002\active\2002003611\management\agreement\amend_4\Thunder Hill B-4 Design Schedule_Amendment 4_20190315.doc 3/19/2019 Thunder Hills Sanitary Sewer Interceptor Replacement Project Exhibit B Schedule—Design&Bidding Services Page 1 of 2 EXHIBIT C-4 COMPENSATION FOR SERVICES City of Renton Thunder Hills Sanitary Sewer Interceptor Replacement Project Design and Construction Services Stantec Consulting Services Inc. The additional scope of services will be accomplished by Stantec, with the current fee amount of $417,892 (as modified pursuant to Amendment 2) increased to $569,650 as summarized below. Amendment 3 included an extension of the contract date until September 20, 2020, but included no adjustments for scope and fee. Task Description Current Budget Additional Revised Budget Budget 200 Project Management $36,900.00 $13,737.00 $50,637.00 201 Surveying / $36,875.00 $15,000.00 $51,875.00 Easement Exhibits 202 Design $139,200.00 $48,150.00 $187,350.00 203 Permitting $122,177.00 $91,015.00 $213,132.00 204 Bidding Services $9,900.00 $181.00 $10,081.00 205 Construction Support $72,900.00 $2,750.00 $75,650.00 Services TOTAL $417,892.00 $170,833.00 $588,725.00 V\2002\active12002003611\management\agreement\amend_4\Thunder Hill C-4 Compensation_Amendment 4_20190315.doc 3/19/2019 Airport Lift Station Replacement Design and Construction Exhibit A Scope of Services Page 2 of 2 And the adjustment to the original fee estimate will be: Revised Amendment 4 Fee Budget $588,725.00 Fee Budget (as modified by Amendment 2) $417,892.00 Net Increase in Fee Budget $170,833.00 The new "not-to-exceed" fee after execution of Amendment 4 is $588,725.00. 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