HomeMy WebLinkAbout5.788 Amendment (11)AMENDMENT NO. 11 TO THE
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE
THE CITY OF PORT ANGELES
AND
BROWN AND CALDWELL, INC.
PROJECT 06 -01
RELATING TO: COMBINED SEWER OVERFLOW PROJECTS
THIS AMENDMENT NO. 11 is made and entered into this day of
2011, by and between THE CITY OF PORT ANGELES, a non charter code city of the
State of Washington, (hereinafter called the "CITY and Brown and Caldwell, Inc., a
California Corporation (hereinafter called the "CONSULTANT
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WHEREAS, the CITY entered in to an AGREEMENT with the CONSULTANT on July 5,
2006, (the AGREEMENT); and
WHEREAS, the CITY and CONSULTANT amended the AGREEMENT on February 21,
2007, and May 9, 2007 and March 20, 2008, and September 15, 2009, and November
30, 2009, March 9, 2010, July 27, 2010, November 16, 2011, December 21, 2010,
January 4, 2011 and has Proposed Amendment 11 (the AMENDMENTS); and
WHEREAS, the CITY desires to amend the AGREEMENT again to amend the Scope of
Work, Budget, and Time of Performance,
NOW, THEREFORE, in consideration of the representations and the terms, conditions,
covenants and agreements set forth in this AMENDMENT, the Agreement and the
Amendments are hereby amended as follows:
I REVISED SCOPE OF WORK
The scope of professional services to be performed and the results to be achieved by the
CONSULTANT are hereby amended by adding the tasks identified in the attached
Exhibit A to Amendment 11. The CONSULTANT shall provide and furnish all services
and material necessary to accomplish the additional work identified in Exhibit A.
II TIME OF PERFORMANCE
The work for all Tasks shall be completed by March 31, 2012.
III MAXIMUM COMPENSATION
The maximum total compensation and reimbursement payable to the CONSULTANT is
stated in the attached Exhibit B to Amendment 11. The maximum compensation
Amendment No 11 to Brown and Caldwell Agreement, 06 -01
573T-
amount, referenced in Section VI of the Agreement, is amended from $3,968,915 in
Amendment 10 to $4,193,415 in Amendment 11, an increase of $224,500. The budget
for any Task may be further adjusted by mutual agreement without an amendment to the
Agreement, as long as the maximum compensation amount of $4,193,415 is not
exceeded.
IV RATIFICATION
As amended herein, the Agreement and the Amendments are ratified and confirmed.
In WITNESS THEREOF, the parties hereto have executed this Amendment No. 11 to the
Agreement as of the day and year first written above.
CITY OF PORT ANGELES:
CITY MANAGER (4c44,--
CONSULTANT:
TITLE: azzoc V :ce. RieSoke.A
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
CITY CLERK
Amendment No II to Brown and Caldwell Agreement, 06 -01
Amendment 11 provides new scope of services and extends existing scope, and
associated budgets, related to the Phase 1 CSO Program. These additions and
extensions reflect requirements identified as the City concluded property and easement
acquisitions, as the State Department of Ecology (Ecology) is requiring an Individual
NPDES Stormwater Permit for construction, and as Rayonier and Ecology's Toxics
Cleanup Program are coming to agreement on how work must be performed on the
industrial site The negotiations will result in an Ecology- approved Materials
Management Plan (MMP) Incorporating these requirements is necessary to completing
the Phase 1 project bidding documents. A description of these additions and revisions
are organized within the context of the City's current accounting /task structure below.
Task 11.1 Project Management
The Project Management task continues to coordinate, monitor, and control the project
resources to meet the technical, communication, and contractual obligations required for
developing and implementing the Phase 1 CSO improvements In addition, efforts
continue to coordinate with the property acquisition process, investigations of existing
site and utility conditions and permitting. The core task includes preparation of monthly
invoices and status reports, staff and subconsultant coordination and QA/QC. The
additional budget under this amendment will extend project management services
through March, 2012 at which time the Phase 1 project is projected to begin securing
construction contracts.
Task 11.5. Permitting and Environmental
Department of Ecology and Rayonier have reached agreement in concept how soils and water
originating on the former industrial site will be handled via the City's construction contract for
the Phase 1 improvements. This will require the City to obtain an individual Construction
Stormwater NPDES Permit. Amendment 11 funds the development of documentation required
for obtaining the permit and support during the permitting process.
Activities
City of Port Angeles
CSO Phase I Project
EXHIBIT A
To Amendment 11
PROFESSIONAL SERVICES AGREEMENT NO. 06-01
SCOPE OF SERVICES RELATED TO
PHASE 1 DESIGN SERVICES
FOR THE
PORT ANGELES COMBINED SEWER OVERFLOW PROJECTS
1. Prepare Engineering Report describing and characterizing the construction site
and identify construction related requirements for avoiding movement of
contaminants on the site and the management and disposal of groundwater and
surface waters captured and contained during construction. Perform such
calculations as necessary for estimating potential storm water quantities.
2. Prepare a Storm Water Pollution Prevention Plan (SWPPP) that incorporates the
requirements developed in the Engineering Report. The SWPPP will be
Amendment 11
Page 1 of 4
Assumptions:
The Engineering Report and SWPPP will follow the East Bay project examples
provided by Ecology. Advisory support services by Farallon provided under
direct contract with City.
Deliverables.
1. Draft, submittal and final Engineering Report.
2. Draft, submittal and final SWPPP.
3. Application for stormwater permit.
Task 11.7. Design Preparation Complete Bidding Documents
BC delivered 100% bidding documents to the City in March, 2011. The documents were
complete with the exception of various mapping overlays to be provided by the City
following the Rayonier property sale and inserts for hydraulic profiles requested by Ecology
and mitigation landscaping plans provided by ESA. The City completed a partial review,
largely focused on electrical and instrumentation /control (l &C) designs and features and
identified revisions to make to accommodate a separate in -plant control system upgrade.
Activities and Assumptions
Deliverables
Final Phase 1 CSO Project plans and specifications for Ecology review
City of Port Angeles
CSO Phase I Project
integrated with the City's Industrial Wastewater Discharge Permit as the basis for
management and disposal of any collected surface water and groundwater from
excavations; preserving the concept encouraged by Ecology.
3. An approved SWPPP will then be incorporated into the Phase 1 contract
documents.
4. Work with City and Ecology to apply for the stormwater permit. The
Engineering Report and SWPPP become the principle documents to support the
permit application.
1. Incorporate traffic plan provided by the City for temporary Railroad Avenue
closure.
2. Incorporate property and easement lines and markers provided by the City. One
new drawing sheet is anticipated.
3. Incorporate new fence line delineations provided by the City. Existing drawings
500 -C -001 and 600 -C -001 plus one new drawing may be required.
4. Provide new drawing with notes to convey City requirements for temporary
management of Discovery Trail through the project site.
5. Incorporate hydraulic profiles into 3 new drawings per Ecology requirements.
6. Incorporate mitigation planting plans provided by ESA into 4 new drawing
sheets.
7. Revise 100% electrical and 1 &C drawings, specifications, and schedules to
accommodate City plant I &C system upgrade.
8. Complete various edits identified by BC final quality checks.
9. Complete various edits or revisions requested by City that will result from a final
review of the 100% documents. For purposes of budgeting, a total of 45 engineer
and 40 CAD hours has been included in the budget estimate.
10. Prepare and submit post -100% documents to Ecology for final review and
approval.
11. City inputs to the several final drawings noted above shall be provided in CAD
format as separate drawing layers for ready incorporation.
Amendment 11
Page of 4
Task 16. First St. Stormwater Separation Valley Creek Permitting
The City is planning to remove sediments from the lower section of the Valley Creek Culvert
to restore original capacities. This is necessary to prevent potential flooding of lower First
and Front Street due to possible backups through the new storm drain system constructed on
First Street. An initial discussion with the Corps of Engineers has determined that permits
will be required. ESA Adolfson will support the City to acquire the necessary permits. ESA
efforts are being partially funded from the existing contracts; this amendment provides
funding for the remainder of ESA's scope of work. The entire scope includes:
Activities
Assumptions.
City of Port Angeles
CSO Phase I Project
2. Final bid -ready plans and specifications for Phase 1 CSO project construction
1. Prepare Joint Acquatic Resources Project Application (JARPA) form and JARPA
figures in support of U.S. Army Corps of Engineers Section 404, Washington
Department of Ecology 401 Water Quality Certification, and Washington
Department of Fish and Wildlife (WDFW) Hydraulic Project Approval (HPA).
ESA will assemble JARPA materials for submittal by the City of Port Angeles to
Corps and WDFW. ESA will also provide follow -up coordination with the
agencies up to the hours indicated. This task includes telephone consultation and
technical support to the City in regards to agency requests.
2. Prepare a Biological Evaluation (BE) for the project, which will include an
evaluation of potential direct and indirect effects of the project on federally listed
threatened, endangered, and proposed species and critical habitat, as well as
address Essential Fish Habitat (EFH). The BE will be prepared using the
appropriate BE preparation guidance in affect at the time the notice to proceed is
issued.
a. Based on the project information provided prior to scoping, and the potential
presence and distribution listed species within the action area, the assumption
for this scope is that a BE effects finding of "may affect, not likely to
adversely affect" will address the proposed action's potential direct and
indirect effects to listed species potentially occurring in the project vicinity.
Therefore, formal consultation with the NOAA Fisheries and USFWS is
assumed to be unnecessary. If a determination other than "may affect, not
likely to adversely affect" is reached, the scope and budget may require an
amendment.
b. Subsequent to receiving consolidated City comments on a Draft BE, ESA
will revise the Draft BE, and produce a Revised Draft BE for submittal to the
Corps. Following the City's transmittal of BE comments from the Corps,
ESA will provide consultation support and prepare a Final BE for City
submittal to the Corps.
1. JARPA Figures will be based upon 60% design AutoCAD plan sets (Electronic
format in AutoCAD 2010 compatible format).
2. This scope of work assumes the City will prepare a habitat restoration plan and a
temporary erosion and sediment control (TESC) plan at 60% design level
suitable for Corps and WDFW approval.
3. This scope of work assumes that the removal of logs placed as part of the Port of
Port Angeles estuary mitigation does not complicate the state and federal
Amendment 11
Page of 4
Deliverables
City of Port Angeles
CSO Phase 1 Project
permitting effort, in that no additional effort will be required of ESA to address
agency requests beyond the hours already included in this task.
4. Draft figures and JARPA form will undergo one round of review by City staff and
all reviewer comments will be consolidated by the City.
5. The City is the lead agency for permitting and will submit all permit applications
and perform other permit requirements including the publishing of any public
notifications.
6. It is assumed that the project will qualify for a Section 404 Nationwide Permit and
that an Individual 404 permit will not be required.
7. This scope of work does not include local SEPA or permit application submittals.
It is assumed the City of Port Angeles will prepare and submit all required local
submittals. Note that WDFW cannot issue an HPA until SEPA is complete.
8. The City will act as the primary point of contact with the permit agencies. ESA
will assist the City with agency requests up to the hours indicated.
9. The Corps would act as federal lead agency for this project and will be responsible
for intra- agency coordination as required to meet Section 7 requirements.
10. The City of Port Angeles will provide all necessary construction drawings,
methodology, or other project related information to complete our assessment.
This is expected to include, but may not be limited to, a project description, site
plans, cut and fill quantities, and conservation measures such as TESC plan and
restoration design. In order to the meet the proposed schedule, ESA requires this
information within 5 working days of notice to proceed.
11. The City will act as the primary point of contact with Corps and the consultation
agencies (USFWS and NMFS). ESA will assist the City with agency requests up
to the hours indicated in the budget.
12. Surveys for fish, wildlife, or rare plants are not included as part of this scope of
work. The scope of work does not include wetland or OHWM delineation.
13. The City is responsible for securing access for ESA to the project site
property(s).
14. This scope of work assumes one site visit by one ESA staff.
15. ESA will be pleased to adjust the draft deliverables as required within the
limitations of the budget before final delivery. Changes to the project or report
requirements, particularly as a result of new project information, species
information or changes to listing status, or updates to BE preparation guidance
after work has been initiated will require added services or additional revisions
and may require an amendment to the Scope of Work and budget
1. Draft JARPA for Section 404/401 and HPA for internal review (electronic
submittal);
2. Final JARPA for Section 404/401 and HPA (electronic submittal in PDF file
format and text -only word document for signature). Preliminary design required
for analysis and comparison of all options to determine preferred option.
3. Final JARPA figures showing design of preferred option.
4. Draft BE for internal review by the City (electronic submittal)
5. Revised Draft BE for submittal to the Corps (one signed original and four hard
copies).
6. Final BE for City submittal to the Corps (one signed original and four hard
copies).
Amendment 11
Page of 4
Task Description
Pre Design and Design through 60%
(original contract and Amendments 1 -3)
1 (Project Management
2 Mapping Condition Assessment
3 Cultural
4 Geotechnical
5 l Environmental Permits
6 0 I CS() Plan Review and Preparation of Contract
Documents
6 1 -6 5 Detailed Civil, Mechanical, Structural,
Electrical PICS Design
6 6 Preparation of 60% Cost Estimate
7 Engineering Report Bidding Assistance
8 Evaluation of Additional Alternatives
9 Plant Flow Management
10 I Add'I Cultural Geotechnical Work
Subtotal, Tasks 1 -10*
Task 11 Complete detailed design of CSO Phase 1 Pr
(Amendments 4 -8)
11 1
11 2
11 3
11 4
11 5
11 6
11 7
12
13
14
15
16
EXHIBIT B
To Amendment 11
PROFESSIONAL SERVICES AGREEMENT NO. 06 -01
BUDGET
PORT ANGELES PHASE 1 CSO IMPROVEMENT PROJECT
DESIGN SERVICES
Project Management
Survey, Mapping Condition Assessment
Cultural Resources Consultation
Geotechmcal Engineering
Environmental Permits
Alternative Development and Evaluation
Detailed Civil, Mechanical, Structural,
Electrical PICS Design
Preparation of Cost Estimate
Bidding Assistance
Bridge Design
Building Design
Funding Assistance
Outfall sediment sampling
Rayonier Outfall Inspection
Subtotal, Task 11
Septage Receiving Station Design
Headworks Screens Design
Integrated CSO Monitoring Design
WWTP Project Integration Monitoring
First St Stormwater Separation
SUBTOTAL, Tasks 11 -16
TOTAL, LTD (includes Tasks 1 -16)
Approved
Budget
$112,841 19
$110,055 641
$25,092 981
$144,293 41
$150,829 67
$180,100 00
$958,296 98
$47,000 00
$35,279 11 1
$16,735 001
$59,092 00
$8,025 00
$1,847,640 98
jects
$233,608 70
$135,361 52
$12,497 53
$129,665 35
$87,298 69
$79,740 00
$874,501 60
$50,298 64
$14,000 00
$211,200 00
$10,000 00
$15,500 00
$110,200 00
$49,000 00
$2,012,872 03
$8,400 00
$56,000 00
$26,000 00
$34,900 00
$398,074 00
$2,536,246.03
$3,968,914.98
Amendment 11
$76,500 00
$49,500 00
$78,500 00
$20,000 00
$224,500 00
$224,500.00
Revised
Budget
$310,108 70
$135,361 52
$12,497 53
$129,665 35
$136,798 69
$79,740 00
$953,001 60
$50,298 641
$14,000 00
$211,200 00
$10,000 00
$15,500 00
$110,200 00
$49,000 00
$2,217,372 03
$8,400 00
$56,000 00
$26,000 00
$34,900 00
$418,074 00
$2,760,746.03
$4,193,414 98
Contract Checklist
Client Name:
Project Title:
Primary Contract Amendment
PRIOR TO SUBMITTING PROPOSAL TO CLIENT:
o
The cost estimate, APC, and multiplier or rate sheet have been reviewed and approved by accounting and
n
El
El
PDS Profile has been created or updated for this contract /amendment /task order.
your Operations Manager.
APC: Multiplier:
Contract is a standard BC contract.
Template is the most recent version available
on the Pipeline.
It is the correct type of contract for the
proposed services
Task Order
Rate Sheet (Title):
Escalation has been accounted for in the LENS.
The scope has been reviewed and approved in PDS.
LENS has been uploaded to PDS L- approval has been obtained.
Project Number:
PM:
Confidential? Yes No
PRIOR TO BC SIGNING CONTRACT:
n Contract is not a standard BC contract. and has been
reviewed by BC Leeal.
Reviewer.
Approval Date:
Contract is complete with all necessary information /attachments.
Special invoice instructions /terms:
LENS matching Contract Budget has been uploaded to PDS L- approval has been obtained.
AFTER CONTRACT EXECUTION:
Complete Lens "Signed Contract Amount" Verify no discrepancy from "Effort Budget
Scan /upload executed contract docs to PDS.
Final Lens, L- Approval, and original Contract submitted to accounting. (Project No. requested if needed)
PA: Kathleen Kelly. 206.749.2315