HomeMy WebLinkAbout5.788 Amendment (7)RELATING TO: COMBINED SEWER OVERFLOW PROJECTS
/CT
THIS AMENDMENT NO. 6 is made and entered into this day of
2010, 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
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 (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 the original AGREEMENT and this AMENDMENT, the
parties hereto agree as follows:
I REVISED SCOPE OF WORK
AMENDMENT NO. 6 TO THE
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE
THE CITY OF PORT ANGELES
AND
BROWN AND CALDWELL, INC.
PROJECT 06 -01
The amended scope of professional services to be performed and the results to be achieved
by the CONSULTANT pursuant to the AGREEMENT shall be amended to read as shown in
the attached Exhibit A to Amendment 6. The Scope of Work shall include all services and
material necessary to accomplish the work.
II TIME OF PERFORMANCE
The work for Task 16, as modified by this Amendment, shall be completed by July 30, 2010.
III MAXIMUM COMPENSATION
The CONSULTANT'S total compensation and reimbursement for the added Task 16.2 are
stated in the attached Exhibit B to Amendment 6. Current billing rates are reflected in Exhibit
C to Amendment 4. The maximum compensation amount, referenced in Section VI of the
Agreement, is amended from $3,021,641 in Amendment 5, to $3,139,191 in Amendment 6, an
increase of $117,550. The budget for any Task may be further adjusted by mutual agreement
Amendment No 6 to Brown and Caldwell Agreement, 06 -01 Page 1 of 2
without an amendment to the Agreement, as long as the maximum compensation amount of
$3,139,191 is not exceeded.
IV SIGNATURES
Except as modified herein, the original Agreement and Exhibits A through D shall remain in
effect.
In WITNESS THEREOF, the parties hereto have executed this Amendment No. 6 to the
Agreement as of the day and year first written above.
CITY OF PORT ANGELES:
CONSULTANT:
VICE PRESIDENT
APPROVED AS TO FORM:
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CITY ATTORNEY
ATTEST:
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CITALERK
Amendment No 6 to Brown and Caldwell Agreement, 06-01 Page 2 of 2
EXHIBIT A
To Amendment 6
PROFESSIONAL SERVICES AGREEMENT NO. 06-01
SCOPE OF SERVICES RELATED TO
PHASE 1 DESIGN SERVICES
FOR THE
PORT ANGELES CSO IMPROVEMENT PROGRAM
Task 16's Scope of Work for engineering services to be provided by Brown and Caldwell
(BC) is modified to add the following subtasks to BC's existing Scope of Work:
16.2
Prepare General Sewer Plan and Facility Plan Amendment for Department of Ecology
Approval and prepare the associated National Environmental Policy Act (NEPA)
documentation for Park Service review and action. This work will include the following:
1. Update City's Sewer Facility Plan to include acceptance of wastewater from the
Lower Elwha Klallam Tribe (LEKT), as defined in the Wastewater agreement
between the City and LEKT dated May 30, 2007.
2. Define service requirements of flow volumes and peak rates and their timing.
3. Identify alternatives for accommodating Tribal wastewater flow including phasing of
improvements, if appropriate. The National Park Service shall provide general
diagrams or maps of storage or flow reduction projects provided for the LEKT
Sanitary Sewer Project to be included in Amendment. If no storage projects are to be
considered then that shall be clearly stated by the National Park Service.
4. Summarize system improvement requirements consistent with the City of Port
Angeles and LEKT Wastewater Agreement.
5. Submit and review a General Sewer Plan and Facility Plan Amendment plan
amendment (a descriptive memorandum) with the Washington State Department of
Ecology. The amendment will address programmatic issues and is not project
specific beyond the selection of a storage or flow reduction option. This task
includes one teleconference meeting, one meeting with Department of Ecology and
one final technical memorandum.
6. Gather environmental information and prepare NEPA documentation per
attachment, scope of work for environmental documentation dated January 12, 2010,
on which NPS shall make a project determination.
7. Assist City to review LEKT's project bid documents for conformance with service
agreement.
A budget allowance is estimated based on these tasks; however, it is understood that actual
level of effort will depend on Ecology acceptance and approval:
EXHIBIT B
To Amendment 6
PROFESSIONAL SERVICES AGREEMENT NO. 06-01
Budget Estimate
Task 16.2
BC Labor 36,412.00
ESA NEPA Documentation 81,138.00
TOTAL 117,550.00