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HomeMy WebLinkAbout000251 AmendmentTHIS AMENDMENT NO. 1 is made and entered into this J_ day of 14/ 2012, 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 authorized to do business in the State of Washington (hereinafter called the "CONSULTANT AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF PORT ANGELES AND BROWN AND CALDWELL, INC. OCA 2011 -02 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: SECTION 1 The CITY entered into the existing AGREEMENT with the CONSULTANT on December 7, 2011, (the AGREEMENT). SECTION 2 I MAXIMUM COMPENSATION Section V of the Agreement is amended in its entirety to read: OCA 2011 -02, Amendment 1 o�ro a5 The CONSULTANT'S compensation and reimbursement under this Agreement, for each project, work, study or undertaking authorized by this Agreement including labor, direct non salary reimbursable costs and outside services, shall be specifically set forth in each Task Order. Compensation and payment procedures are set forth in Exhibit C of the original agreement. II REVISED EXHIBITS Section XVII is amended to strike Exhibit A dated December 2, 2011 and replace it with the attached Exhibit A dated February 3, 2011. All references to Exhibit A in the Agreement shall refer to the Exhibit A dated February 3, 2012 and attached to this Amendment. Page -1 2/07/2012 ATTEST: As referenced in the Agreement Exhibit C, Section 2.2, hourly wage rates for 2012 are in Exhibit D2 attached to this Amendment. All references in the Agreement shall refer to the Exhibit D2 attached to this Amendment. SECTION 3 RATIFICATION Except as modified herein, the original AGREEMENT is confirmed and ratified. In WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement as of the date and year first written above. CITY OF PORT ANGELES OCA 201 1 -02, Amendment 1 By: 1/, Glenn A. Cutler, P.E., Director of Public Works )14/4/c-f Jane urd, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney BROWN AJ D CALDWELL, INC. By: Title: C Page -2 2/07/2012 EXHIBIT A SCOPE OF SERVICES The CONSULTANT shall provide to the CITY's Department of Public Works Utilities Department CONSULTANT services for various CITY engineering services and projects. The CONSULTANT'S services shall be provided as requested by the City Manager or his designee on an as needed basis, as set forth in a "Task." Tasks may be for any engineering technical support, work, study, design, project, etc. that is within the general scope of this agreement. The CONSULTANT shall provide general assistance on issues pertaining to CITY projects and support and shall prepare other engineering CONSULTANT services for the CITY. Additional tasks authorized after the Agreement is signed will be included as Task Orders. SECTION 1. GENERAL PROVISIONS A. The CONSULTANT shall perform all services to the satisfaction of the City Engineer. B. All of the services furnished by the CONSULTANT under this AGREEMENT shall be of the currently prevailing professional standards and quality demonstrated and provided by engineering consultant professionals of similar knowledge and skill engaged in related work throughout Washington under the same or similar circumstances. All documentation prepared by CONSULTANT shall provide for a completed Task that conforms to all applicable codes, rules, regulations and guidelines which are in effect at the time such documentation is prepared. C. All work performed under this AGREEMENT shall be authorized in the initial AGREEMENT or by an additional bilaterally agreed to Task Order. Each Task shall detail the nature of the specific services to be performed by the CONSULTANT, the time limit within which such services must be completed and the compensation for such services. Such details shall include a description of the Task for which CONSULTANT shall perform the services, the geographic limits of the Task, the type and scope of services to be performed, the format and schedule for deliverables, the schedule of performance, and the schedule of compensation. CONSULTANT shall not perform any services unless part of the original agreement or authorized by a fully executed Task Order. Any unauthorized services performed by CONSULTANT shall be at no cost to the CITY. D. CONSULTANT shall begin work under the Task only after receipt of the authorizing initial agreement or Task Order bearing the approval signature of the City Manager or the City Manager's designee. Each authorized Task Order issued under this agreement, by the City, shall incorporate all the terms and conditions of this agreement. E. CITY will assign a Project Manager to facilitate each Task authorized under this AGREEMENT. CONSULTANT shall coordinate with the designated Project Manager on the performance of each Task. F. CONSULTANT shall be responsible for the coordination with CITY and federal, state and local agencies that are necessary for all services authorized under this AGREEMENT. SECTION 2. BASIC SERVICES. CONSULTANT shall provide engineering CONSULTANT services for CITY wastewater utility technical support, studies, design, and post -award construction services. CONSULTANT shall provide the general types of services set forth below. This list of services is meant to be illustrative in nature only and is not meant to be a complete or exclusive list. 1. Technical support services for operations and engineering assistance related to the City's wastewater system at the specific request and direction of authorized City staff 2. Develop and provide a Wastewater Control Facilities Engineering Report consistent with the Wastewater Utility's NPDES Permit. OCA 2011-02, Amendment 1 Exhibit A, Page A -1 2/03/2012 3. Develop and provide Combined Sewer Overflow Reduction Plan Amendment 4. Develop and provide studies, permitting, design plans and project specifications for selected wastewater utility projects and requirements as determined by the City. SECTION 3. SPECIFIC SERVICES. A. Service Initiation Prepare Task Scope and Proposal Upon request of CITY's Project Manager, CONSULTANT shall meet with the Project Manager to discuss the Task. CONSULTANT shall become familiar with the Task description, scope and goals and develop proposed scope of services. CONSULTANT shall prepare a proposed scope of work consistent with the standard electronic format of CITY Professional Service Agreement Task Order as determined by the Project Manager. The proposed scope of services shall, at a minimum, include the following: Task Description, Scope of Services including deliverables, and Schedule of Performance and Schedule of Compensation. For each Task, in addition to the specified services, products and deliverables detailed in the Task, CONSULTANT shall typically perform the following sub tasks, which may be aggregated for administrative efficiency: Sub -Task 1 Initial Meeting Prior to beginning substantive work on a Task, CONSULTANT shall meet with CITY to establish procedures and notifications for any necessary meetings and communications with CITY staff; collect available data from the CITY and establish additional data needs and availability; confirm the format for all Task products and deliverables; and address any preliminary Task concerns. The meeting will be the primary opportunity to discuss the CITY'S intent, schedule and budget for the Task. The CONSULTANT shall prepare minutes of the meeting and distribute minutes to meeting participants. Sub -Task 2 Task Coordination Meetings CONSULTANT shall attend and /or conduct Task coordination meetings as required to perform authorized services and as required by Project Manager. CONSULTANT shall prepare minutes of each meeting and distribute minutes to participants. Sub -Task 3 Task Schedule CONSULTANT shall prepare and submit a detailed schedule of performance consistent with the schedule contained in the Task to the Project Manager for review and approval. CONSULTANT shall confirm or update the schedule monthly at a minimum. Any changes to the schedule shall only be permitted with the written approval of City Engineer. Sub -Task 4 Task Progress Report CONSULTANT shall submit a monthly report to the Project Manager detailing progress on the Task services. Sub -Task 5 Request for Payment Invoice CONSULTANT shall submit progress payment invoices to the Project Manager monthly, as specified in EXHIBIT C. The updated Task schedule and progress report may be submitted as attachments to the invoice. Sub -Task 6 Task Record CONSULTANT shall develop and maintain a detailed record of the chronology of the Task milestones completed that are decisive, conclusive, or relevant to the outcome of the Task. CONSULTANT shall submit a copy of the Task Record to the Project Manager prior to final payment for services performed on the Task. The Record shall be submitted in both paper and electronic format. Sub -Task 7 Project Documents Aside from deliverables specified in the Task, and before the conclusion of the Task and final payment for services performed on the Task, CONSULTANT shall submit to the Project Manager a copy of all Task documents that are decisive, conclusive, or relevant to the outcome of the Task. Such documents may include, without limitation, topographical surveys and mapping, field notations, utility mapping, site inventories, base plans, reports and studies, permit OCA 2011 -02, Amendment 1 Exhibit A, Page A -2 2/03/2012 applications and permits, environmental documentation, records of meetings, and communication documents. Documents shall be submitted in both paper and electronic format, as available. The Project Manager will review and comment on proposed scope of work, and the parties shall agree on the terms of the final Task. CONSULTANT shall not be compensated for work performed in preparing a draft scope of services for a Task. B. Task Authorization The finalized Task Order will be authorized by the City Manager or his designated representative in accordance with authorization procedures provided in the City of Port Angeles Municipal Code, Section 3.05. C. Service Implementation Upon receipt of an authorized Task and Notice -to- Proceed, CONSULTANT shall begin Task services described therein. OCA 2011 02, Amendment 1 END OF EXHIBIT Exhibit A, Page A -3 2/03/2012 Minimum Maximum Categor Descri•tion Grade Hourly Rate Hour! Rate Drafter Sr. Acct Clerk Office /Support Services IV Accountant I Project Coordinator II Project Analyst Word Processor IV Engineer /Scientist I Accountant II Administrative Supervisor Marketing Coordinator III Engineer /Scientist II Designer Comp Sys Analyst /Programmer I Technical Writer Project Analyst III Project Coordinator III Engineer /Scientist III Sr Technician Inspector III Principal Designer Senior Engineer /Scientist Supervising Designer Principal Engineer /Scientist Supervising Engineer /Scientist Managing Engineer /Scientist Executive Engineer Vice President EXHIBIT D2 HOURLY WAGE RATES (2012) $51.37 $51.37 $51.37 $51.37 $63.06 $63.06 $63.06 $63.06 $63.06 $73.74 $73.74 $73.74 $73.74 $73.74 $73.74 $73.74 $73.74 $84.75 $84.75 $84.75 $97.26 $97.26 $112.10 $112.10 $127.11 $144.16 This table reflects the rates for BC for 2012. At the end of each calendar year, BC reviews rates and makes adjustments as needed to account for raises and cost of living increases. END OF EXHIBIT $82.07 $82.07 $82.07 $82.07 $103.08 $103.08 $103.08 $103.08 $103.08 $122.77 $122.77 $122.77 $122.77 $122.77 $122.77 $122.77 $122.77 $144.16 $144.16 $144.16 $169.33 $169.33 $199.19 $199.19 $230.91 $267.61 $296.92