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HomeMy WebLinkAboutAdden 1 CAG-18-109,Adden#1-19 tT Y O� 4 NI 0 AMENDMENT NO. 1 TO AGREEMENT FOR CEDAR RIVER TRAIL TRESTLE BRIDGE PERMITTING SUPPORT THIS AMENDMENT, dated I /a- 2019, is by and between the City of Renton (the "City"), a Washington municipal corporation, and BergerABAM ("Consultant"), a Washington 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-18-109, dated June 5, 2018, to provide necessary services for the Cedar River Trail Trestle Bridge Repairs (referred to herein as the "Agreement"); Whereas, the Parties wish to amend the Agreement to change the scope of work in order to provide permitting support services for Cedar River Trail Trestle Bridge Repairs. NOW THEREFORE, It is mutually agreed upon that CAG-18-109 is amended as follows: 1. Scope of Work: Section 1, Scope of Work, is amended to add work as specified in Exhibit A-1, 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 A-1. All Work shall be performed by no later than December 31, 2019. 3. Compensation: Section 4, Compensation, is amended so that the maximum amount of compensation payable to Consultant is increased by $34,061.00 from $ 62,600.00 to $ 96,661.00 , plus any applicable state and local sales taxes. The additional compensation shall be paid based upon Work actual performed according to the rate(s) or amounts specified in Exhibit A, 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 By: A/e/—m G By: Kelly Bey e Stockwell, PE Administrator, Community Services Vice President /22//q 1liS12a70) Date Date Approved as to Legal Form .0A a Shane Moloney Renton City Attorney Contract Template Updated 12/29/2017(398) `ry°a QFprG2 PAGE 2 OF 2 EXHIBIT A -1 BergerABAM 7� ,� 33301 Ninth Avenue South,Suite 300 Federal Way,Washington 98003-2600 206 431 2300 • 206/431-2250 Fax • wrvw aban (urn 10 January 2019 Mr.Alan Wyatt City of Renton,Parks Division Renton City Hall, Sixth Floor 1055 South Grady Way Renton,WA 98055 Subject: Modification of Contract CAG-18-109 for Cedar River Trail Bridge Permitting Support Dear Mr.Wyatt: BergerABAM is pleased to present this proposal to provide permitting support services for Cedar River Bridge repairs. This proposal modifies our existing contract for engineering design work. The proposed modifications to scope, deliverables, and fee are described herein. PROJECT OVERVIEW The City of Renton(City) Parks Department has requested environmental permitting support for obtaining approvals and permits for maintenance repairs of an existing pedestrian bridge over the Cedar River. The timber elements of the bridge and approach trestle were the subject of a 2017 and 2018 inspections conducted by BergerABAM,which found degradation in two of the timber piles supporting the north abutment and in some of the timbers in the pad supporting the steel truss bridge.Additionally, timber lagging for the abutment has deteriorated and subsequent loss of material weakened the abutment.The proposed repairs will rebuild the abutment within its current footprint by replacing lost materials, repair/replace timber lagging, and repair timber piles. These elements include work activities below the ordinary high water mark(OHWM) and will require permits from the U.S.Army Corps of Engineers(USACE) and Washington Department of Fish and Wildlife(WDFW). The Cedar River is a shoreline of the state and subject to permit authorization under the City's Shoreline Management Program(SMP). Task 1.0: Project Management/Coordination Project management will include contract monitoring,budget monitoring, document control, and our quality assurance/quality control (QA/QC)efforts. Assumptions • The project schedule will be extended by up to six months to account for permit applications and the expected time it will take review agencies to issue permits.Budget monitoring,invoicing, and QA/QC services have been extended to cover the change in schedule and deliverables. Task 7.0 Permitting Support Services The following subtasks have been identified through recent discussions with the City as services needed to support permitting the proposed repairs. Mr. Alan Wyatt 10 January 2019 Page 2 Task 7.1: Shoreline Exemption Letter Based on our current understanding of the project,the proposed maintenance and repair activities appears to meet the criteria for an exemption from the requirement to obtain a shoreline substantial development permit under the City's SMP.The City's Planning Department has requested a Stream Study letter that evaluates the current shoreline condition and the effects of the proposed repairs to support the exemption review,including a determination of no net loss of ecological function and values, if appropriate.BergerABAM will conduct a site visit to review the project area and evaluate existing conditions. We will use the findings of the site visit to prepare the Stream Study letter. Assumptions • Two BergerABAM biologists will conduct a site visit to assess existing conditions and delineate the OHWM adjacent to the abutment. The site visit includes up to 8 hours to conduct the site visit, including preparation and round trip travel. • OHWM flagging will be recorded by GPS and used on subsequent drawings to support permit applications. Formal survey of OHWM flags, if required,will be captured by the City. • We will prepare a draft letter describing the results of the OHWM delineation,existing site conditions, and potential effects of the proposed maintenance,including a determination of no net loss of ecological function and values, if appropriate. • We assume there will be one round of review/comment by the City before BergerABAM prepares the final letter. • The letter will include a vicinity map that highlights existing resources, GPS location of the OHWM, and any other features observed during the site visit. • We will provide up to 3 hours of coordination time to review and respond to questions from the City's Planning Department during the exemption review process. • The City will prepare the master application form, and any other materials or studies required by the Planning Department for the exemption application. • BergerABAM will not attend meetings with the City Planning Department as part of the exemption application.We understand the City has already completed the initial pre-screening application meeting with the Planning Department. • The City will be responsible for paying permit fees. Deliverables • Draft and final Stream Study letter report in electronic format(PDF) Task 7.2: USACE Permitting Support The proposed maintenance project includes work within jurisdictional waters (Cedar River)that will require review and approval from the USACE. This work includes replacement of rock within the abutment footprint, replacement of timber lagging, and pile repairs that occur below the OHWM. BergerABAM assumes that the project will qualify for a Nationwide Permit 3—Maintenance from the USACE as it proposes to repair damage to an existing, legally established and currently serviceable Mr. Alan Wyatt 10 January 2019 Page 3 structure. We propose to conduct a pre-application with the USACE to discuss the project and confirm permit requirements.We assume the project will require the preparation of a Joint Aquatic Resource Permit Application(JARPA)form and a biological evaluation(included under Task 3.0) and may potentially require mitigation.We assume that mitigation, if required for maintenance,will be limited to the project vicinity and include measures such as riparian restoration or the placement of in-channel habitat features at the abutment. BergerABAM will prepare the JARPA, associated graphics for a biological evaluation, and a conceptual mitigation strategy.After City review of the draft documents, we will submit the application materials to the USACE. Assumptions • BergerABAM will attend a 2-hour pre-application meeting with the City and USACE to present the project and confirm permit application requirements. Representatives from the City,WDFW, and the U.S. Fish and Wildlife Service, and the National Marine Fisheries Service (the Services) will be invited to attend the meeting.We will prepare a brief project narrative and up to four figures (i.e.,vicinity map, proposed site plan, and representative cross sections) to use to present the project. • BergerABAM will prepare the draft JARPA forms based on the description and construction methods developed by the project team. • BergerABAM will prepare up to eight drawings,including a vicinity map, existing conditions, proposed repairs, and representative cross sections to USACE JARPA standards. • BergerABAM will provide a brief technical memorandum to address conceptual mitigation strategies for the proposed repairs.We assume that mitigation could be completed on site through riparian revegetation measures and/or in-channel habitat features at the abutment.If the pre-application meeting identifies more detailed mitigation requirements,we will modify this scope to address those needs. • There will be one round of review/comment by the City before BergerABAM prepares the final JARPA. • BergerABAM will provide up to 24 hours of coordination time to respond to USACE requests for information during the permit review process. Deliverables • Draft and final JARPA package, including JARPA form,biological evaluation(Task 3),JARPA drawings, and a conceptual mitigation strategy delivered in electronic format(PDF) Task 7.3: Endangered Species Act Compliance The project will include work below the OHWM and has the potential to affect species listed under the Endangered Species Act(ESA),including migrating juvenile salmonids. Issuance of a federal permit(Task7.3)requires compliance with,the ESA.Under this task,BergerABAM will obtain a species listing from the Services and review the project area for potential presence of listed species. We assume that the USACE will complete ESA consultation using a programmatic biological evaluation (PBE). The project includes activities that are covered by the pile replacement and minor Mr. Alan Wyatt 10 January 2019 Page 4 bank stabilization PBEs that the USACE is authorized to issue for nationwide permits.BergerABAM will prepare a draft and final PBE to submit as part of the permit application package to USACE that documents the effects of the proposed maintenance repairs on listed species. Assumptions • BergerABAM will prepare the draft PBE, per USACE guidance,based on the description and construction methods developed by the project team, and the USACE will agree with the use of the draft PBE at the pre-application meeting. • The City will complete one round of review and comment on the draft PBE by the City. • There will be one round of review/comment by City before BergerABAM prepares the final PBE. • BergerABAM will provide one round of review and response to comments from USACE staff on the draft PBE. • BergerABAM will provide one round of review and response to comments received from the Services during consultation. • Coordination of review/response to comments from USACE and the Services is expected to occur through email and teleconferences.We assume that in-person meetings will not be required. Deliverables • Draft and final PBE in electronic format. Task 7.4: Hydraulic Project Approval The project will require a Hydraulic Project Approval(HPA)from the WDFW for work within the Cedar River. BergerABAM will use information prepared for the JARPA to complete WDFW's online HPA application. No new information or reports will be prepared to complete the HPA application. Assumptions • BergerABAM will not attend any meetings with the WDFW for this application. The WDFW will be invited to the pre-application meeting with the USACE outlined in Task 7.3. • The City will be responsible for paying all permit fees. • BergerABAM will provide up to 6 hours of coordination time to review/respond to comments the WDFW may have on the application. Deliverable • Online HPA application in electronic format SCHEDULE We are prepared to begin work as soon as the contract modification is approved.We anticipate that the site visit and OHWM flagging can be completed with one week of notice to proceed.Preparation of the JARPA and HPA materials can be completed with four weeks of fieldwork. Permit processing Mr.Alan Wyatt 10 January 2019 Page 5 timeline with the USACE averages between four and six months for typical nationwide permits and may require response to agency comments during that review period. FEE The proposed contract modification would add$34,061 (Thirty-Four Thousand and Sixty-one dollars) to perform this work on a time-and-materials basis.The total contract value would increase to a maximum of$96,661.We will perform the work in accordance with the terms and condition as were accepted by the City of Renton and BergerABAM per contract CAG-18-109. CLOSING We look forward to providing these permitting services in support of the proposed repairs. If you are in agreement with the scope of work and fee estimate above,please sign below and email a copy to us. Please feel free to call me or Garth Nelson if you have any questions or require further information. Sincerely, Scott Branlund, PE, SE Senior Project Manager/Structural Engineer/Diving Officer CSB:DJR:llt Attachments Fee estimate ACCEPTED BY Namc (Printcd) Title Date ��� E m p a °'� E 5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o G .- FQy �G �O eM O Ov. O O O cp Oc.i O o0 G CD 0 O(V O(V o (V O� �O O O O • c' u) N t p� jo ply .M+ 'N-1 O ti a�0\ O 1/') ,p O eti d' T 4\ as ti O) N (•) Cp •d" Q+ d! Q. ... m _ L: (� co so co co W •", 1, co V` V, O 11' 1n O ti d� p L A4� N N Of. N ti a. 2 1, 4 t-'i 1A ,--i M .--i 1, ,O M .-4 •--- M . EH dh EA fA N N V3 U3 EA EA EA EA EA EA EA EA EA d4 EA EA EA EA EA j: O N N L Lv ' a)O '.14\ E = oo ZvN o a, 0, U O •.O ,IDil. M ,-. .ti Q. 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