CONSULTANT SERVICES AGREEMENT
AMENDMENT 2
This AMENDMENT NUMBER 2 is entered into as of the _day of _ 2021, by and between the CITY OF PACIFICA, herein called the "City," and Woodard & Curran, herein called the "Consultant."
RECITALS
A. City desired to obtain ENGINEERING DESIGN services in connection with the Serra Drive Outfall Repair Project, and for that purpose entered into an agreement with Consultant dated August 12, 2019 ("Original Agreement").
Consultant hereby warrants to the City that Consultant is skilled and able to provide such services described in this Amendment #2.
C. City desires to authorize Consultant to provide the additional services described in this Amendment #2.
AGREEMENT
Scope of Services. The services to be provided are as outlined in the proposed Amendment No.2 provided to City by Consultant, dated February 2, 2021, and attached hereto as Exhibit A "Scope of Amendment #2" and incorporated by reference ("Additional Work"). Consultant shall perform such Additional Work as requested by City through its staff from time to time.
Time of Performance. The services of Consultant are to commence upon direction to proceed from City staff and shall be undertaken and completed as necessary for City to comply with the California Coastal Commission requirements imposed upon Compensation and Method of Payment.
A. Compensation. The compensation to be paid to Consultant, including both payment for professional services and reimbursable expenses, shall be at the rate and schedules set forth in the Original Agreement, Amendment #1, and this Amendment #2.
However, in no event shall the amount of Consultant's compensation for the Additional Work exceed an additional one-hundred and eleven thousand two hundred and eighty- five dollars ($111,285). The total combined compensation for the Original Agreement, Amendment #1 and this Amendment #2 shall not exceed four-hundred and seventy-five eight hundred and eleven dollars ($475,811). Payment by City under the Original Agreement, as amended, shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment.
Consultant Services Agreement
Woodard & Curran
Amendment 2 Page 1
OAK #4817-6120-9406 v3
B. Method of Payment.
i. Monthly Statements. As a condition precedent to any payment to Consultant under the Original Agreement, as amended, Consultant shall submit monthly to the City a statement of account that clearly sets forth the designated items of work for which the billing is submitted. Each statement of account shall also include a detailed record of the month's actual reimbursable expenditures. ii. Timing of Payment. City shall review and approve Consultant's monthly statement and pay Consultant for services rendered hereunder if acceptable to the satisfaction of the City at the rates and in the amounts provided hereunder on a monthly basis in accordance with the approved monthly statements.
C. Changes in Compensation. Consultant shall not undertake any work on the Additional Work that will incur costs in excess of the amount of one-hundred and eleven thousand two hundred and eighty-five dollars ($111,285) or any work under the Original Agreement, as amended by this Amendment #2, in excess of the amount of four- hundred and seventy-five eight hundred and eleven dollars ($475,811) without further written amendment to the Original Agreement.
Agreement in Effect. All other provisions of the Original Agreement, as amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the City and Consultant have executed this Amendment #2 as of the date first written above.
CITY OF PACIFICA CONSULTANT
Woodard & Curran
Kathleen Higging
By: By:
Kevin Woodhouse Name: Kathleen Higgins
City Manager Title:_Sr. Vice President
ATTEST:
By:
Sarah Coffey
City Clerk
APPROVED AS TO FORM:
By:
Michelle M. Kenyon
City Attorney
JAK #4817-6120-9406 v:
EXHIBIT A
SCOPE OF AMENDMENT #2
See attached Scope of Amendment #2 dated February 2, 2021 Consultant Services Agreement
Woodard & Curran
Amendment 2 Page 3
OAK #4817-6120-9406 v3
COMMITMENT & INTEGRITY 2175 N California Blvd | Suite 315 T 925.627.4100 DRIVE RESULTS Walnut Creek California 94596
www.woodardcurran.com
EXHIBIT A - SCOPE OF AMENDMENT NO. 2
Via Electronic Mail
February 2, 2021
Sam Bautista, P.E.
WOODARD Deputy Director of Public Works/City Engineer
&CURRAN Engineering & Field Services
151 Milagra Drive
Pacifica, CA 94044
Re: Serra Drive Outfall Repair Project Change Order No. 2 Proposal Dear Sam:
Woodard & Curran is finalizing the permitting and CEQA Initial Study/Mitigated Negative Declaration (IS/MND) and is submitting this change order proposal for the Serra Drive Outfall Repair Project as a result of the need for additional services for permitting, CEQA and construction services. The changes to the scope of work include preparation of additional permitting analysis and correspondence and additional support for the IS/MND and construction support services. We have teamed with WRA for these CEQA and permitting services.
SCOPE OF WORK
The tasks outlined below are numbering continuing from the original scope of work.
TASK 10 and 11 CEQA and Permitting Services
Woodard & Curran's subconsultant WRA will perform additional permitting and CEQA analysis as outlined below.
Task 10: Supplemental Permitting Tasks
The original scope of work contemplated the preparation, submission and response to comments for permit applications based on WRA's understanding of the Project and likely regulatory pathways based on that understanding of the Project. During the permitting and the conduct of supporting studies, which included a site visit with agencies to receive their input, it was determined that the Project and the needed permitting requirements changed. As a result, additional Project components needed to be included in descriptions and assessments for permit applications and comments from responding agencies required more effort to respond to than initially expected. These include but are not limited to modification of the Project description and supporting figures, development of a revegetation plan, additional mitigation strategies for in-stream work, additional meetings/communications with the Client and agencies and coordination costs.
Task 11: Supplemental CEQA Tasks
WRA has prepared the IS/MND for the Project and has received comments from the City. Due to the number of comments received and change in direction additional effort was required as follows:
11.1 Requesting additional language be included in every discussion for all significance thresholds. The CEQA Appendix G checklist includes 84 significance thresholds. When preparing CEQA documents, for each threshold WRA states the conclusion (e.g., Less than significant with mitigation incorporated, Less than significant, or No Impact) at the start of the discussion, and provides a brief narrative to support the finding. If a mitigation measure required that is clearly stated. If existing laws or regulations ensure the impact would be less than significant, that is stated. However, for the WOODARD Serra Drive MND WRA has been requested to add language stating that in the absence of various &CURRAN regulatory requirements or mitigation measures the proposed Project would result in a potentially significant impact, and then assuring the reader these laws, regulatory requirements or mitigation measures will be followed, thus reducing the impact to less than significant levels.
11.2 Additional mitigation measures. In the last several years CEQA practitioners and attorneys have changed the definition of mitigation measures. The current definition is a mitigation measure is not the same thing as obtaining a permit or complying with a law. So, in current thinking, obtaining a Lake and Streambed Alteration Agreement or a 404 permit is a matter of law or a regulatory agency requirement, and thus is not a mitigation measure.
In the first and second drafts of the MND, WRA had language that suggested obtaining permits and ESA Section 7 consultation was a mitigation measure. The City of Pacifica and their CEQA attorney, consistent with contemporary thinking on this issue, pointed out that WRA's characterization was incorrect, so WRA changed the text in the biological resources section to reflect current thinking.
Several months after these changes were made, city planning staff and their CEQA attorney requested that additional mitigation measures be added that involved obtaining a Lake and Streambed Alteration Agreement (MM BIO-5), and 404 and 401 permits (MM BIO-6).
11.3 Incorporation of permit conditions into mitigation measures. City planning staff and their CEQA attorney have requested that WRA incorporate specific measures from the Biological Opinions issued for steelhead and California Red-legged Frog, and conditions from the LSAA. In WRA's experience this is a highly unusual situation, even when permitting occurs in parallel with preparing the CEQA document. This request has created a situation where WRA is now presenting very specific guidance from permit conditions with more general mitigation measures in the remainder of the biological resources section, and in other sections of the MND as well. This has created additional work to review the existing mitigation measures for biological resources, and resolve any conflicts between those measures and permit conditions.
11.4 Additional review comments. WRA has prepared multiple CEQA documents for projects that involve routine maintenance and repair of water resource infrastructure. On two recent projects of this type WRA received minimal Lead Agency comments on the administrative draft MNDs, and few to no comments on the screencheck draft MNDs. In both cases the Lead Agencies received minimal public comments during the 30-day public review period. In one case the project is much larger than the Serra Drive project since it covers maintenance of stormwater infrastructure in an entire city. In the other case, the project to replace several culverts and daylight a section of creek is located in a highly affluent community where every construction project is heavily scrutinized. For this second project the MND was recently adopted with no public comments offered during the City Council meeting. WRA's recent experience with these two projects and many others suggest the level of review on the Serra Drive MND is beyond what was anticipated during the scoping process and beyond.
City of Pacifica 2 Woodard & Curran
Serra Drive Outfall Repair Change Order No. 2_02022021 February 2, 2021 Task 12 Additional Construction Services
12.1 Additional Biological Monitoring. Due to the permit requirements and potential for construction to last longer than anticipated, additional biological monitoring is required. This includes one day of additional fish relocation services, additional red legged frog monitoring, and additional revegetation monitoring and reporting.
12.2 Cultural Monitoring. Due to the permit requirements an archeologist will need to perform monitoring WOODARD of the excavation.
&CURRAN
12.3 Additional Construction Services. Due to the potential for additional days of construction time subtask 12.3 was added as a contingency.
Assumptions
Estimated costs herein are on a time and materials basis. Should contingencies arise that will increase cost, Woodard & Curran and WRA will inform the Client immediately to explain what is needed and obtain authorization to continue.
Any relevant correspondence with the City, local, state, or federal regulatory resource agencies that relate to the project shall be provided for WRA.
We understand that we will proceed with the work for this change order to keep the CEQA and permitting tasks moving and borrow from the Construction Services Task for biological monitoring.
FEE
Woodard & Curran will complete the above scope of work for Change Order No. 2 for $111,285 as shown in the attached fee estimate. The original contract amount was $208, 130. With Change Order No. 1, the new contract amount is $364,526. With this Change Order No.2 the new total contract amount is $475,811. We understand that we will complete the CEQA work and that this change order will borrow from the construction services work.
We greatly appreciate this opportunity to offer our services. If you have any questions regarding this proposal or require any further information, please contact me at 949.420-5313 or at [email protected].
Sincerely,
WOODARD & CURRAN
Kathleen Higgins
Kathleen Higgins, P.E.
Project Manager
City of Pacifica Woodard & Curran
Serra Drive Outfall Repair Change Order No. 2_02022021 February 2, 2021 Fee Estimate
City of Pacifica
Serra Drive Outfall Repair Project Change Order No.2
Tasks Labor Outside Services ODCS Total
Engineering CEQA
Kathleen Staff Basin
Technical Technical OA/OC Drafter Admin, CSA WRA
Higgins Engineer Lead Research
LUdU
Total Labor Sub Consultant Total ODCS Total
Subtotal ODCs
Costs (1) Total Cost (2) Fee
Staff Geortech,
Project Technical Technical QA/QC CAD Cultural
Manager Engineer Admin Survey, and Monitoring
Lead LUau Structural
$315 $192 $289 $315 $159 $113
TOTAL CONTRACT with Change Order No. 1 112 173 228 160 16 $191,000 $44,900 $111.863 $156.763 $172,440 $900 $1.086 $364.526 Task 10: Supplemental Permitting Tasks
10.1. USFWS and NMFS Biological Assessment
additions $9.000 $9,000 $9.900 $9,900
10.2 Additonal mitigation plan $1.240 $5,000 $5,000 $5.500 $6,740 Subtotal Task 10: $1,240 $14,000 $14,000 $15,400 $16,640 Task 11: Supplemental CEQA Tasks
11.1 Requesting additional language be included in
every discussion for all significance thresholds NIN 5620 S1.400 $1,400 $1,540 $2.160
11.2 Additional mitigation measures. $620 $1.770 $1,947 $2.567
11.3 Incorporation of permit conditions into
mitigation measures. $620 $1,400 $1,400 $1,540 $2.160
11.4 Additional review comments. $24,288 $25.528
Subtotal Task 11:l $3,100 $26,650 $26,650 $29,315 $32.415 aSk 12: Additional Construction Services
2.1 Additional Biological monitoring $20.423 $20,423 $22.465 $24,945
2.2 Cultural monitoring $2,480 $10,000 $10,000 $11,000 $13,480
12.3 Construction Support $15,648 $7,415 $7,415 $8,157 $23,805 Subtotal Task 12: 320,608 $10,000 527,838 537,838 $41,622 502,230 Change Order No. 2 TOTAL 42 $24,948 $10,000 $68,488 $78,488 $86.337 $111.285 TOTAL CONTRACT with Change Order No. 2 197 252 $215,948 $44,900 $10,000] $235,251] $258,772 5900 $1,086 $475,811
1. The individual hourly rates include salary, overhead and profit.
2. Subconsultants will be billed at actual cost plus 10%.
3. Other direct costs (ODCs) such as reproduction, delivery, mileage (rates will be those allowed by current IRS guidelines), and travel expenses, will be billed at actual cost plus 10%.
4. Woodard & Curran reserves the right to adjust its hourly rate structure and ODC markup at the beginning of the calendar year for all ongoing contracts.
Pacifica Fee Estimate_02022021