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HomeMy WebLinkAboutWinzler & Kelly 2006-11-17; Amendment 1 2007-05-010(94A- i'U-7 CITY OF UKIAH AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL SERVICES DATED NOVEMBER 17, 2006 This Amendment No. 1 to the Agreement for Professional Services between the City of Ukiah ( "City") and Winzler & Kelly ( "Consultant ") is entered in Ukiah, California on May , 2007 ( "Effective Date "). TERMS AND CONDITIONS All terms and conditions of the Agreement for Professional Services between the City of Ukiah and Winzler & Kelly, dated November 17, 2006 (the Agreement) to provide consulting engineering services related to the City of Ukiah Sewer Lateral Ordinance Implementation (the Project) shall remain in full force and effect as modified by this Amendment. AMENDMENT AUTHORIZATION Paragraph 2.2 of the Agreement authorizes the City to amend the Scope of Work of the Agreement. The Consultant shall perform any added work and/or not perform any deleted work upon the execution of an Amendment to the Agreement. Added work shall be performed on a cost reimbursement basis pursuant to the provisions of paragraphs 4.1 and 4.2 of the Agreement. AMENDED SCOPE OF WORK In early 2006, the City and the Ukiah Valley Sanitation District entered into a Consent Decree and Order with Northern California River Watch. Among the Consent Decree's requirements was a commitment by the City to require sewer lateral inspection at point -of- sale and in conjunction with sewer main repair or replacement. In late 2006, the City convened a working group of stakeholders including members of the real estate community, construction community, staff from the city and the Ukiah Valley Sanitation District and elected decision - makers from the City and the Ukiah Valley Sanitation District. This group developed an Ordinance, adopted in similar form by the City and the Ukiah Valley Sanitation District, which complies with the requirements of the Consent Decree and Order. However, the working group raised a number of issues related to the operation and maintenance of the collection system, programmatic control of infiltration, inflow and sanitary sewer overflows and private versus public ownership of sewer laterals. As a result of this work, the Ukiah City Council has expressed a desire to continue developing a robust sanitary sewer collection system maintenance program and to develop policies that fairly allocate the costs of such a program amongst private property owners and the rate base at large. On May 30, 2007, the federal court approved a stipulation with River Watch which allows the City and the Ukiah Valley Sanitation District to suspend enforcement of their I existing point -of -sale inspection and repair ordinances until November 1, 2007. The stipulation allows the City and the District to propose an alternative geographically based sewer lateral inspection and repair ordinance to River Watch by October 1, 2007. The Scope of Work of the Agreement is amended by the addition of the following: Added Work: Task 1 - Stakeholder Meeting This task includes facilitation of a meeting with community stakeholders. The purpose and goal of the meetings are to exchange data and secure comments on the draft documents developed by staff. Winzler & Kelly will prepare the meeting agenda, coordinate with stakeholders, facilitate the meeting and summarize comments received in memo form for the City's use. Deliverables: Meeting Agenda Meeting Minutes Task 2 - Property Owner Assistance Program Development 1. Estimate costs of geographically based program with and without property owner assistance program and perform other analytical work to aid the City Council in the consideration and development of a geographically based program. 2. Collect and Review model programs for lateral assistance developed by other agencies. 3. Develop a set of draft criteria by which the Council will evaluate various alternatives for managing the ownership, inspection and repair of sewer laterals within the public right -of -way. Criteria may include but are not limited to: a. Cost b. Liability c. Operations and Maintenance Demands d. Effectiveness in reducing 1/1 e. Predictability for budgeting purposes f. Equity for private property owners g. Impact on the Sewer Rate Structure 4. Based on model program review and input from staff and Council subcommittee, develop up to five (5) alternative programs for managing the ownership, inspection and repair of sewer laterals within the public right -of -way and review with staff. Alternatives may include but are not limited to: a. No change to existing policy b. A City- sponsored loan program for lateral repair c. A City - sponsored grant program for lateral repair d. City acceptance of laterals within the public right -of -way under specified circumstances 2 5. Based on staff comments develop an estimated budget and multi -year cash -flow requirements for each program alternative, based on the number of sewer laterals in the City. Review cash flow requirements against anticipated rate revenue and identify potential funding gaps. 6. Develop a draft Report summarizing the alternatives and cash flow analysis for review by staff. Modify Technical Memorandum based on staff comments and review with Council Subcommittee. 7. Prepare a presentation for City Council on alternative programs. 8. Provide Minutes on Council Study Session. 9. Revise Report to reflect Council direction. Deliverable: Draft and Technical Memorandum on Alternatives PowerPoint Presentation for Council TOTAL COMPENSATION FOR THE WORK OF THE AGREEMENT The total compensation for work performed under the Agreement shall be changed from $9,900 as stipulated in the Agreement to $19,800 by reason of the addition of the Added Work stipulated in this Amendment. Winzler & Kelly will assign Mary Grace Pawson to perform this work for the City. The assignment will be completed for a not to exceed fee of $9,900 which allow for 60 to 70 hours of dedicated effort on the City's assignment. SIGNATURES By signing below, the authorized representatives of the City and Consultant agree to amend the Agreement as described in this Amendment. CITY OF UKIAH CANDACE HORSLEY CITY MANAGER CITY ATTORNEY 3 WINZLER & KELLY BY: