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PW MCSTOPPP Full Trash Capture Device Project; First AmendmentFIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH SCHAAF & WHEELER CONSULTING CIVIL ENGINEERS, INC. FOR DESIGN AND ENVIRONMENTAL ENGINEERING SERVICES ASSOCIATED WITH THE MCSTOPPP FULL TRASH CAPTURE DEVICE PROJECT THIS FIRST AMENDMENT to the Professional Services Agreement by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and SCHAAF & WHEELER CONSULTING CIVIL ENGINEERS, INC., (hereinafter "CONSULTANT"), is made and entered into as of the day of __ _, 2021. tRE IC TALS WHEREAS, pursuant to City Council Resolution No. 14864, the CITY and CONSULTANT entered into a Professional Services Agreement dated October 30, 2020 to perform design and environmental engineering services in connection with CITY'S project to install a full trash capture device, for an amount not to exceed $135,544 (the "Agreement"); and WHEREAS, CITY requires additional design and environmental engineering services from the CONSULTANT, and the CONSULTANT is willing to provide such services; AMENDMENT TO AGREEMENT NOW, THEREFORE, the parties hereby agree to amend the Agreement as follows: 1. Article 2 of the Agreement, entitled "DUTIES OF CONSULTNAT" is hereby amended to include the additional services set forth in CONSULTANT's proposal entitled "MCSTOPPP/San Rafael Trash Capture Project Add -Scope" dated March 25, 2021, attached to this First Amendment as Exhibit "A" and incorporated herein by reference. 2. Article 4 of the Agreement, entitled "COMPENSATION" is hereby amended to include additional compensation payable to CONSULTANT for the services described in Exhibit "A" to this First Amendment, on a time and materials basis in accordance with the "San Rafael MCSTOPPP Full Trash Capture Device Project Add Scope Fee March 2021" table included in Exhibit "A", in a not -to - exceed amount of $50,090, and to change the total not -to -exceed amount under the Agreement to $185,634. 3. Except as specifically amended herein, all of the other provisions, terms and obligations of the Agreement between the parties shall remain valid and shall be in full force. IN WITNESS WHEREOF, the parties have executed this First Amendment on the day, month, and year first above written. CITY OF SAN RAFAEL CONSULTANT JIMCH Z, City nag r ATTEST: -- - 44 1 ,�jr LINDSAY LARA, City Clerk APPROVED AS TO FORM: _P,OBERT F. EPSTEIN, City Attorney By: Name:_ ?%. S Title: J X100,j 6�c4G l 7 - [If Contractor is a corporation, add signature of second corporate officer] By: Name: t Jam. ic_ 4t• Title: �CG lei Exhibit A Schaaf 81' Wheeler CONSULTING CIVIL ENGINEERS 870 Market Street, Suite 1278 San Francisco, CA 94102-2906 415-433-4848 FAX 415-433-1029 March 25, 2021 Hunter Young, PE Assistant Public Works Director/City Engineer Department of Public Works City of San Rafael (415)485-3408 hunter.young@cityofsanrafael.org Subject: MCSTOPPP/San Rafael Trash Capture Project Add -Scope Dear Mr. Young: Under existing scope, Schaaf & Wheeler has identified the need to perform hydraulic modeling and aquatic resource mitigation analysis to better inform the selection of a location for a full trash capture device on the City's storm drain system. This scope presented herein is in addition to the existing contract. The following scope of services is proposed: Task 1: Hydraulic Modeling Schaaf & Wheeler will review the City's existing storm drain GIS data for the network draining to the Kerner and San Quentin pump stations. An exhibit of data gaps necessary for hydraulic modeling will be provided to the City. This scope assumes one half day of field investigation necessary to obtain missing data. This scope assumes the City will provide pump station data for San Quentin pump station. The updated GIS network will be entered into a hydraulic model (MikeUrban or similar). 10 -year and 5 -year hydrology will be developed for the watershed. An existing conditions model will be built. Based on the existing conditions model, the pump station impacts associated with the trash capture device alternative 5 (downstream Kemer), will be added to produce a post -project model. Node flood mapping of the existing and post -project models will be presented in a memorandum to represent the impacts of the trash capture project alternative 5. Concepts for mitigation of impacts will be included in the memorandum. This scope includes one meeting with stakeholders to discuss the results. Task 2: Aquatic Resources Mitigation Analysis This task includes the aquatic resources delineation and agency consultation needed to determine the approximate extent and cost of mitigation requirements for the Kerner Outfall Alternative. Santa Clara . San Francisco . Santa Rosa . Salinas City of San Rafael, Trash Capture Add -Scope March 25, 2021 2.1— Field Delineation NCE field specialists will conduct a field delineation to map and describe the type, location, and boundary of aquatic resources within the Project boundary following the USACE 1987 Wetlands Manual. As part of NCE's field delineation the potential for minimizing impacts will be evaluated and mitigation opportunities or sites in the area will be identified (if they exist). We anticipate this will require two field scientists in the field for 8 hours. 2.2 — Impact Analysis The map developed in Task 2.1 and data will be overlaid on the draft conceptual plan provided by Schaaf & Wheeler, which shows anticipated temporary construction and permanent facility locations at the Kerner site. This will identify where disturbance within the Ordinary High Water Mark (OWHM) of the canal may occur. NCE will assess impacts to identified aquatic resources based on the proposed design, footprint, and likely construction methods for the Full Trash Capture device. Temporary and permanent impact areas will be calculated to determine what mitigation may be required. 2.3 — Identify Mitigation Opportunities The federal wetlands rule requires no net loss of wetlands, with typically a minimum 1.5:1 to 3:1 mitigation ratio. On site mitigation is the first priority, with approval of off-site mitigation typically more challenging to negotiate with the regulatory agencies. This task will involve analysis of the data retrieved to determine the extent of possible on-site mitigation. If opportunities for on-site mitigation are inadequate to meet up to the 3:1 ratio that could be required, NCE will consult with the City to identify potential off-site opportunities. 2.4 - Facilitate Mitigation Discussion with Regulatory Agencies Following completion of Tasks 2.1 through 2.3, NCE will prepare an aquatic resources technical memorandum describing the results of delineation and proposed impact amounts, including the aquatic resources identified, potential temporary and permanent impacts, and recommended opportunities for minimization or mitigation to use for agency consultation on potential mitigation requirements. NCE will then coordinate with federal, state, and local agencies determined at the March 4, 2021 meeting to have regulatory authority over the Project. These agencies include the California Department of Fish and Wildlife (CDFW), San Francisco Regional Water Quality Control Board (SFRWQCB), United States Army Corps of Engineers (USACE), and the United States Fish and Wildlife Service (USFWS). NCE will invite the agencies, the City and Schaaf & Wheeler to a mitigation discussion to be held on-site at the Kerner Outfall location. Feedback from this Interagency meeting will provide the information necessary to develop a potential scope of mitigation required for the Kerner Alternative. NCE will develop a Project specific Environmental Tracker to document and track current and future consultations, communications, primary contacts, acquired information, and requirements for the Kerner Outfall Alternative. The Environmental Tracker will also be used to document the status of permit applications and reviews once a final alternative is selected. 2.5 — Summary Kerner Mitigation Memorandum for City Assuming direction is received from the agencies regarding mitigation that will be required for the Kerner Alternative, NCE will document level of effort and costs for mitigation at this site. This information will be presented in a summary memo for integration with Schaaf & Wheeler's additional analysis for the City's use in selecting their preferred alternative. Schaaf &' Wheeler Page 2 City of San Rafael, Trash Capture Add -Scope March 25, 2021 Assumptions: • Two NCE field scientists will conduct delineation at the Kerner site in one day. • The reporting format will be a 'technical memorandum' based on a conceptual design and would not meet the requirements of a full USACE Aquatic Resources Delineation Report. • NCE anticipates up to 20 hours of coordination meetings/calls/interactions/etc. • Existing available data will be used to establish storm drain infrastructure elevations, locations, and associated flooding levels. Deliverables: • Aquatic Resources Technical Memorandum • Field Meeting Summary • Agenda for the Interagency Consultation Field Meeting that includes results of delineation and proposed impact amounts (PDF format and printed copies) • Environmental Tracker (Excel format) • Summary Kerner Mitigation Memorandum Task 3: Coordination This task includes meeting preparation and coordination meetings with MCSTOPPP and permitting agencies. The budget for the scope of services is based on time and materials not to exceed $50,090 per the attached fee table with charge rates based on the original contract. If you have any questions, or require additional information, please contact me. Sincerely, Schaaf 0' Wheeler Ben Shick, PE Vice President Schaaf 0' Wheeler Page 3 10ODo o Co t� o (%o 1) dn)ijoW luoilnsuosgnS N N N 0 (60110410d) sga7 lsalssaa 0 (sJaaul6u31ooluyoaloao) oao 7 6u3 IDO (sloAanJnS) , fill 146IJM 7Jam (lunllnsuo' laluewuoJlAu3) Z 0 Lo o 0 0 W) 30N r N N ra v M IololqnS c� v o -- tr o Jaloa4M 8 JOO4OS N o ^ v C N aa Jaaul6u3 luals►ssd ^ v v v c � w Jaaul6u3 5 3 a101OOssd 00. •- o .p 10C14 `n ^ 00 '° 0 x � D Ja6OUDWr j m l�a[OJd JOlua$ N ao N^ 10 N- o m N v N u H J= uJa64ua W tn l:)a lnd►Ouud moo, N Gom N m '- a, a a u 5 O N a � o IL N t O Y u D L Upg° Q ) a 0 7FD a CL N 000 � c LD a o CL a a) w U o :.U- o C C U u ven p N aa O O t= Q o.=QU O C^ N Cl) Q 0 ,tx RAF,q� c7P�Nl 'Tr KITH Pel`h CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: IKK for HY Extension: 3354 Contractor Name: Schaaf & Wheeler Consulting Civil Engineers Contractor's Contact: Ben Shick Contact's Email: bshick@swsv.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE 1 DESCRIPTION COMPLETED REVIEWER DEPARTMENT a. Email PINS Introductory Notice to Contractor DATE Check/Initial 1 Project Manager Click here to ❑ enter a date. b. Email contract (in Word) and attachments to City 4/15/2021 Attorney c/o Laraine.Gittens@cityofsanrafael.org ❑x IKK 2 City Attorney a. Review, revise, and comment on draft agreement 4/15/2021 ❑X LG and return to Project Manager 4/15/2021 0 LG b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 4/15/2021 3 Department Director Approval of final agreement form to send to ❑x BG contractor 4 Project Manager Forward three (3) originals of final agreement to 4/15/2021 ❑X IKK contractor for their signature 5 Project Manager When necessary, contractor -signed agreement ❑ N/A agendized for City Council approval * I *City Council approval required for Professional Services M IKK Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 5/3/2021 Date of City Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City 5/18/2021 IKK City Attorney Attorney with printed copy of this routing form 7 Review and approve hard copy of signed 5119�0� City Attorney agreement Review and approve insurance in PINS, and bonds 8 (for Public Works Contracts) ( ! 9 City Manager/ Mayor Agreement executed by City Council authorized official 10 City Clerk Attest signatures, retains original agreement and �Q IAW forwards copies to Project Manager 7 ��