HomeMy WebLinkAbout5.788 Amendment (14)AMENDMENT NO. 14 TO THE
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE
THE CITY OF PORT ANGELES
AND
BROWN AND CALDWELL, INC.
PROJECT 06 -01
RELATING COMBINED SEWER OVERFLOW PROJECTS
THIS AMENDMENT NO. 14 is made and entered into this 1 day of r
2012, by and between THE CITY OF PORT ANGELES, a non charter code city o th
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, March 9, 2010, July 27, 2010, November 16, 2011, December 21, 2010,
January 4, 2011, September 20, 2011, January 9, 2012, January 24, 2012, and has
Proposed Amendment 14 (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 14. 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 January 31, 2014.
III MAXIMUM COMPENSATION
The maximum total compensation and reimbursement payable to the CONSULTANT is
Amendment No. 14 to Brown and Caldwell Agreement, 06 -01
stated in the attached Exhibit B to Amendment 14. The maximum compensation
amount, referenced in Section VI of the Agreement, is amended from $4,253,611 in
Amendment 13 to $4,739,591 in Amendment 14, for an increase of $485,980. 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
$4,739,591 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. 13 to the
Agreement as of the day and year first written above.
CITY OF PORT ANGELES:
CONSULTANT:
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
Amendment No. 14 to Brown and Caldwell Agreement, 06 -01
Amendment 14 provides a scope of services, and associated budgets, for design team support to the
City during the Phase 1 CSO construction phase. The scope includes review of contractor submittals
on proposed material components of the improvements, interpretation of design intent when
questions arise, evaluation of design change proposals, and observations of completed construction
work. A more complete description of these services is presented below.
The design team (Consultant) covered by this amendment includes Brown and Caldwell (principal
designer), Shannon Wilson (geotechnical consultant), Berger ABAM (bridge designer) and Staheli
Trenchless Consultants (pipeline slip lining designer).
Task 18 Engineering Services during Construction
Subtask 18.1 Design Engineer of Record Construction Services
Objective
Provide field and office engineering services to the City during construction of the Phase 1 CSO
improvements and provide sufficient field review to allow the Engineer of Record to sign the
Certificate of Construction as required by the Washington State Department of Ecology.
Activities
EXHIBIT A
To Amendment 14
PROFESSIONAL SERVICES AGREEMENT NO. 06-01
SCOPE OF SERVICES RELATED TO
PHASE 1 CONSTRUCTION ACTIVITIES
AS PART OF THE
PORT ANGELES CSO IMPROVEMENT PROGRAM
The Consultant will respond to City, Construction Manager (CM) and general contractor questions
and address day -to -day construction related issues while in the Consultant's engineering offices or
while on specified site visits. Services shall include review and comments on Construction Contractor
(Contractor) submittals provided under Section 01300, technical interpretation of the contract
drawings and specifications as requested in Requests for Information (RFI) review of substitution
requests, and change order related services, as well as telephone consultation. All contractor
communication should be routed through the CM.
Subtask 18.1.1 Design Team Site Visits
Activities
Facility and discipline design leads will conduct periodic site visits to review the progress and quality
of construction and /or provide services to the City related to the resolution of construction related
issues. Site visits may include attendance at weekly construction meetings or facility coordination
meetings as requested by the CM.
Professional Services Agreement, Page 1 2/10/2012
Project 06-01, Amendment 14
Assumptions
Frequency of site visits will vary depending on construction activities and project status. The
Consultant and the City will agree on a s mutually acceptable schedule. The Construction Manager
may also request a site visit. The budget assumes a 24 staff person site visits.
Task Deliverables:
Site visit memoranda will be prepared when applicable with electronic copies sent to City and the
CM. Memoranda will discuss field observations and identify any specific construction issues.
Subtask 18.1.2 Submittal Reviews
Activities
Submittals will be reviewed for general conformance with the project design concept and compliance
with the information and design requirements specified in the contract documents. The Consultant
will perform these services within 20 calendar (la's following Consultant receipt. Submittal review
comments will identify the corrections, modifications, additions required, and, if appropriate, reasons
as to why the submittal does not comply with the specifications. Should any submittal be found to be
substantially deficient, Consultant may reject the submittal without markups, while giving written
examples of major deficiencies as the cause for rejection. Written responses, in the form of written
comments and /or marked -up submittals, will be transmitted to the CM via a submittal
transmittal /comment form and supplemented by mark -ups of hard copy submittal documents when
required for clarity or as may be consistent with the CM procedures. The Consultant will maintain a
hard copy (and electronic if provided by the CM) submittal file in their office. Specific submittal
reviews that are outside the scope of this Amendment include, Contractor's Injury and Illness
Prevention Program Site Specific Health and Safety Plans Contractor's Applications for Payment,
and construction schedules.
Assumptions
1. Submittals shall be packaged and sent directly to the Consultant's designated respondent by the
CM.
2. 145 total submittal review events. The CM will provide initial review to the extent of screening
of incomplete submittals.
3. CM will develop and maintain a submittal logging system and provide access to the Consultant
for purposes of Consultant tracking.
Task Deliverables
Submittal reviews on submittal forms, supplemented by mark -ups of hard copy submittal documents
when required for clarity.
Subtask 18.1.3 Review and Response to RFI's
Activities
Review RFI's as requested by the Construction Manager. RFI's will be reviewed and written
responses provided on appropriate RFI forms within 7 calendar days following Consultant receipt
except when a longer time has been agreed in advance due to unusual complexity.
Assumptions
Professional Services Agreement, Page 2 2/10/2012
Project 06 -01, Amendment 14
RFI's shall not include calculations and other submittal items (i.e. pipe support calculations, which
arc considered a shop drawing submittal) or design changes. Design changes would be initiated and
processed under Subtask 18.1.4. The budget assumes a total of 75 RFTs.
Task Deliverables
Written or verbal responses to requests for information or design clarifications which may include
drawings, specifications, and cost estimates.
Subtask 18.1.4 Change Order Assistance
Objective
Provide service to the City regarding change proposal review and development of change orders.
Activities
Review change proposals and develop required information for change orders involving the technical
content of the design. If work under this task requires a design modification, Consultant will prepare
necessary drawings and supporting information.
Assumptions
Budget assumes 15 change order requests that will be packaged into 8 unique change orders. The
CM will prepare the actual change order document incorporating Consultant provided technical
requirements.
Task Deliverables
1. Change order materials including drawings, specifications and cost estimates.
2. Responses to change order requests.
Subtask 18.1.5 Substitution Request or Value Engineering Reviews
Objective
Assist the City and CM with evaluation and response to Contractor requests for substitutions or
value engineering
Activities
Review substitution or value engineering requests submitted by the Contractor. Proposals will be
reviewed for general conformance and compatibility with the project design concept and for
compliance with the information and design requirements specified in the contract documents. The
Consultant will provide to the City a recommendation or commentary on the request The Consultant
will perform these services within 20 calendar days following Consultant receipt of the request.
If the proposal requires a design modification, Consultant will notify the City of the proposal's cost
and time to complete. The City may consider the cost of the design change and any savings from the
and may authorize the work and budget addition, if necessary. If authorized by City, Consultant will
prepare necessary drawings and supporting information to accommodate the change in the design.
Design changes will be initiated and processed under Subtask 18.1.4 Change Order Assistance.
Professional Services Agreement, Page 3 2/10/2012
Project 06 -01, Amendment 14
Assumptions
1. Proposals shall contain all submittal information required by the specifications. All proposals
shall specifically identify deviations from the written specifications or documented design
requirements.
2. Since design change requests are not predictable, design modifications shall require City approval
as they may require budget additions. Proposed budget includes request reviews within the
assumed number of RFIs.
3. Task Deliverables
1. Written summary of the Consultant's review of proposed substitutions.
2. Drawings and sketches will be prepared if required for approved proposals.
Subtask 18.1.6 Claims Support
Objective
Assist the City and CM with responses to Contractor claims.
Activities
Upon request, Consultant will evaluate and prepare necessary responses to contractor claims with
supporting information.
Assumptions
Since claifns are unpredictable, this work may require budget additions. No specific budget
allowance has been assumed for this task.
Task Deliverables
Written responses or technical memoranda with any supporting documentation.
Subtask 18.2
Objectives
Start -Up, Commissioning, and Training
Assist the Construction Manager with coordination planning and implementation of start -up, testing,
and commissioning activities, and assist with training for the Phase 1 equipment, facilities and
systems.
Subtask 18.2.1 Start Planning
Activities
Consultant discipline leads will make site visits to determine that system components are installed
and have been found functional and operational by the Contractor in accordance with Section 01710.
Assist the City, the CM and the Contractor to develop the start -up strategy via teleconference.
Review and comment on the Contractor's written start -up plan submitted under Section 01660.
Provide instruction or recommendations to Contractor's start -up team led by the CM and the
Contractor's Start -Up Manager (Quality Assurance Manager). Review and advice on specific technical
treatment plant issues as requested by the City in planning and coordinating start -up activities.
Coordinate schedule and start -up event timing with Construction Manager.
Professional Services Agreement, Page 4 2/10/2012
Project 06 -01, Amendment 14
Activities
Assumptions
1. 'rwo start -up planning meetings are assumed prior to startup. The first shall be a teleconference
to review the Contractor's plan and the second shall be on -site.
2. An initial Contractor's startup plan and quality assurance has been developed and submitted prior
to Consultant /City /Construction Manager team planning meetings.
3. A budget allowance of 10 staff person hours for each onsite meeting, including travel time,
preparation and follow -up. 'Two Consultant team members (one mechanical and one
electrical /I &C engineer) will attend each meeting.
4. Arrangement /conducting of meetings and meeting notes are provided by others.
Task Deliverables
1. Identification and documentation of treatment plant start up issues in a brief memorandum.
2. Review comments on draft and final Contractor start -up plan document.
Subtask 18.2.2 Testing and Commissioning Service
Activities
The Phase 1 equipment and systems will be tested and commissioned by the City and the CM and
Contractor. The Consultant will provide engineering services during the testing and commissioning
phase to the City.
Assumptions
1. This subtask addresses participation of office staff in start -up and commissioning activities
2. The City, the CM, and the Contractor shall conduct all testing and commissioning and shall
provide test and commissioning data to the Consultant in electronic format. Consultant shall
review the data and discuss with the City /CM and provide written evaluation in the form of a
technical memorandum.
3. Consultant facility leads will be make one field visit to observe system function during testing
and commissioning of their respective areas of design. Functional tests shall be arranged and
coordinated by the CM.
Task Deliverables
Field notes and memoranda identifying corrective actions for problems or deficiencies noted during
testing and commissioning.
Subtask 18.2.3 Operation Maintenance Manual
Objective
To prepare an operations and maintenance (0 M) manual for the Phase 1 CSO facilities that
allows for addition of Phase 2 improvements and provides for integration with existing City
conveyance facilities
Professional Services Agreement, Page 5" 2/10/2012
Project 06 -01, Amendment 14
The Consultant will develop the manual specifically for the CSO Phase 1 Project improvements. The
format will allow this manual to be expanded to include Phase 2 improvements. The manual will be
prepared to cover the following:
1. System and Process Overview
2. Alarm Response Guide
3. Standard Operating Procedures (SOP)
4. Equipment Control Description
5. 'Troubleshooting Guide
6. Equipment Descriptions
7. Safety
Utilizing one site visit to review general operations with staff and the Contractor provided O &M data
required under Section 01730, the Consultant will develop the templates for this manual. The
Consultant will then draft the manual using the Phase 1 improvements specific data and
photographs. The manual will include references to existing safety, emergency response documents,
spill plans, and Phase 1 project CAD drawings as available and appropriate.
The Consultant will:
1. Identify and incorporate current staff SOPs including safety.
2. Develop content specific outlines and graphics for the manual. Manufacturer materials
submitted by the Contractor will be incorporated or referenced to provide the basic O &M
information.
3. Prepare operating requirements and strategies from project Control Logic descriptions.
4. Provide staff training to navigate, maintain, and expand the manual for future uses.
5. Submit one copy of O &M Manual to Department of Ecology.
City Responsibilities
The City will be responsible for staff participation in Manual development meetings; for review and
comment on written and graphic contents; for attending training to learn and understand use of the
Manual.
Assumptions
Consultant will prepare electronic Word® files of O &M Manual text for review. Review of electronic
Word® documents utilize the track changes feature.
Task Deliverables
O &M Manual in 3 -ring binder form suitable for updating. Plus one editable electronic version in a
software agreeable by the City.
Subtask 18.2.4 Operations and Maintenance Training
Objective
Professional Services Agreement, Page 6 2/10/2012
Project 06 -01, Amendment 14
To present and discuss the contents and information contained in the O &M Manual with City
operations staff through an on -site workshop.
Activities:
1. Familiarize City operators with the Phase 1 systems, components and how to control them
including overflow control strategy.
2. Assist operators with learning standard operating procedures for equipment and systems.
Training needs for standard operating procedures and system optimization and operation
will be developed with City staff.
3. Assist operators to integrate process control with individual equipment operating
requirements.
Assumptions
1. Maintenance training on specific equipment will be provided by the equipment
supplier /manufacturer. CM shall coordinate and schedule individual equipment training to
occur prior to O &M training.
Task Deliverables
One package of materials for workshop
Task 18.3 Subconsultant Support during Construction
Objective
Subconsultant design team members will provide engineering support during construction in the
areas of their expertise and design responsibilities.
Activities
General assignments of subconsultant support are as follows:
1. Shannon Wilson geotechnical engineer will make site visits to observe locations of
required overexcavation to determine subgrade suitability to match design assumption. They
will review and evaluate Contractor proposals for any material changes and review results of
preload settlement monitoring.
2. BergerABAM will review all submittals, RFIs, and substitution requests related to the new
Ennis Creek bridge structural elements. ABAM engineers will make periodic site visits at
critical times during the progress of the bridge construction and consult with the CM as
necessary.
3. Staheli Trenchless will review Contractor work plans including equipment details and pipe
handling logistics for conducting the sliplining operations. They will make periodic site visits
to review proposed and active pulling operations and consult with the CM as necessary.
Task 18.99 Project Management
Objective
To provide overall design team leadership and guidance to align the project with City objectives and
provide project deliverables within budget and time constraints. To coordinate, monitor, and control
the project resources to meet the technical, communication, and contractual obligations required for
Professional Services Agreement, Page 7 2/10/2012
Project 06 -01, Amendment 14
developing and implementing the Phase 1 CSO improvements. Provide planning and support to on-
going CSO Program implementation as needed.
Activities
Consultant will prepare an update of the Project Management Plan to cover Consultant team
operations and protocols during construction phase of the project.
1. Coordinate the activities of Consultant staff to make site visits, to respond effectively to
Requests for Information (RFI), formal submittals and other requests, and maintain records
of construction documents for use by Consultant's office staff. Track response time and
manage the RFI and submittal logs for the Consultant (Consultant anticipates access to and
coordination with a document management and control system provided by the CM).
2. The Consultant shall prepare a Health and Safety Plan adapted to the Phase 1 Project
construction phase. Consultant's health and Safety Plan shall be coordinated with similar
plans prepared by the CM and shall be provided to all Consultant team members prior to
accessing construction areas.
Task Deliverables:
1. 20 monthly progress reports and monthly invoices to be prepared during the Construction
Phase of this contract.
2. Health and Safety Plan developed as part of project management plan update.
3. Program coordination, planning updates including cost estimating and schedule revisions,
and presentations as necessary to maintain progress on the overall CSO Program.
Professional Services Agreement, Page 8 2/10/2012
Project 06 -01, Amendment 14
EXHIBIT B
To Amendment 14
PROFESSIONAL SERVICES AGREEMENT NO. 06-01
BUDGET
PORT ANGELES PHASE 1 CSO IMPROVEMENT PROJECT
DESIGN SERVICES
Approved
Task Description Budget
Pre- Design and Design through 60%
(original contract and Amendments 1 -3)
1 Project Management
2 'Mapping Condition Assessment
3 ,Cultural
4 1Geotechnical
5 ,Environmental Permits
6,0 CSO 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 +Add', Cultural Geotechnical Work
Subtotal, Tasks 1 -101
Task 11 Complete detailed design of CSO Phase 1 Projects
(Amendments 4-8)
11 1 'Project Management
11 2 ,Survey, Mapping Condition Assessment
11.3 ,Cultural Resources Consultation
11 4 'Geotechnical Engineering
11 5 Environmental Permits
11 6 Alternative Development and Evaluation
11.7 Detailed Civil; Mechanical, Structural, Electrical
PICS Design
11.8 ,Preparation of Cost Estimate
11.9 'Bidding Assistance
11.10 'Bridge Design
11.11 'Building Design
11 12 'Funding Assistance
11.13 'Outfall sediment sampling
11 14 'Rayonier Duffel! Inspection
Subtotal, Task 11
12 ,Septage Receiving Station Design
13 'Headworks Screens Design
14 'Integrated CSO Monitoring Design
15 'WWTP Project Integration Monitoring
16 'First St Stormwater Separation
17 ,Industrial Outfall Repair and Cleaning
18 'Engineering Services during Construction
SUBTOTAL. Tasks 11 -16
TOTAL, LTD (includes Tasks 1 -16)
$112,841 19
$110,055 64
$25,092 98
$144,293 41
$150,829 67
$180,100 00
$958,296.98
$47,000 00
$35,279 11
$16,735.00
$59,092.00
$8,025.00
$1,847,640.98'
$310,108 70
$138,892.52
$12,497.53
$129,665 35
$136,798,69
$79,740.00
$962,666.60
$50,298 64
$14,000,00
$211,200 00
$10,000 00
$15,500 00
$110,200 00
$49,000 00
$2,230,568.03
$8,400.00
$56,000.00'
$26,000 001
$34,900.00'
$418,074.00'
$47,000 001
$2,820,942.031
$4,253,610.9811
Amendment 14
$485,980.00
$485,980.00
$485,980.00
c
Revised
Budget
$310,108 70
$138,892.52
$12,497.53
$129,665 35
$136,798.69
$79,740 00
$962,666 60
$50,298 64
$14,000 00
$211,200 00
$10,000 00
$15,500.00
$110,200.00
$49,000.00
$2,230,568.03
$8,400.00
$56,000 00
$26,000 00
$34,900 00
$418,074 00
$47,000.00
$485,980.00
$3,306,922.03
$4,739,590.98