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HomeMy WebLinkAbout5.788 Amendment (13)AMENDMENT NO.13 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. 13 is made and entered into this o27 day of ..Z.6 2012, by and between THE CITY OF PORT ANGELES, a non charter code city of thb 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, and has Proposed Amendment 13 (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 13. 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 December 31, 2012. The schedule is identified in Exhibit C. III MAXIMUM COMPENSATION Amendment No. 13 to Brown and Caldwell Agreement, 06 -01 The maximum total compensation and reimbursement payable to the CONSULTANT is stated in the attached Exhibit B to Amendment 13. The maximum compensation amount, referenced in Section VI of the Agreement, is amended from $4,206,611 in Amendment 12 to $4,253,611 in Amendment 13, an increase in $47,000. 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 $4,253,611 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: 7C CITY MANAGE CONSULTANT: TI APPROVED AS TO FORM: CITY ATTORNEY ATTEST: Amendment No 13 to Brown and Caldwell Agreement, 06 -01 SCOPE OF SERVICES RELATED TO PHASE 1 DESIGN SERVICES FOR THE PORT ANGELES CSO IMPROVEMENT PROGRAM EXHIBIT A To Amendment 13 PROFESSIONAL SERVICES AGREEMENT NO. 06 -01 Amendment 13 provides new scope of services and additional budget for work to be performed under the Phase 1 Design Services for the City of Port Angeles (City) CSO Improvement Program. This amendment provides for engineering services to allow the City to develop contracting documents for repair and maintenance of the Port Angeles Industrial Outfall Diffuser in order to prepare the outfall for City service. Prior underwater inspections determined that 4 diffusers (of 48) were broken, and at several seafloor sediment had entered and partially blocked the outfall pipeline. In addition, use of the high capacity diffuser system could allow salt water intrusion at the lower, normal City flows to such an extent that modifications may be needed to mitigate this effect. The City intends to award the construction contract for the Port Angeles Industrial Outfall Diffuser Repair and Maintenance Project to a qualified marine contractor having requisite experience, equipment, and dive tending capabilities. The construction contract will provide for repair or capping of broken diffusers, modification of diffuser ports to aid in distribution of flow under flow rates ranging from 2 to 50 mgd and for cleaning and disposal of sediments removed from the diffuser section of the outfall pipeline. The CSO Phase 1 Joint Aquatic Resources Permit Application (JARPA) provides for U.S. Army Corps of Engineers Section 404, Washington Department of Ecology (Ecology) 401 Water Quality Certification, and Washington Department of Fish and Wildlife (WDFW) Hydraulic Project Approval (HPA) review and approval of the work contemplated for preparing the industrial outfall for City service. Subtask 17.1 Diffuser Repair and Modification Development and Evaluation Brown and Caldwell will develop diffuser repairs, modifications, and cleaning approaches through diffuser hydraulic modeling, consultation with marine contractors, and knowledge of similar CSO outfalls in Puget Sound and other locations. Activities: 1. Discuss marine outfall repair possibilities with two local Pacific Northwest marine contractors. Discuss limits of work that can be completed by divers, such as entry into submerged 36-48- inch diameter pipe for sediment removal, access to riser connections on diffuser pipe, available tools, and for other repair and maintenance activities. 2. Complete hydraulic modeling of diffuser based on repair options developed by Brown and Caldwell in order to optimize /balance the following: a. Flow distribution between ports under a range of design flows (2 to 50 mgd). b. Headloss through the diffuser. City of Port Angeles Amendment 13 Exhibit A Revised 01 -05 -12 CSO Phase I Project Page 1 of 4 c. Whether risers require restoration versus "blinding i.e. capping. 3. Evaluate number, size, backpressure and other design criteria of elastomeric duckbill check valves to be used for diffuser port modification. 4. Evaluate effect of identified repairs and modifications on the overall outfall hydraulic grade line at the Effluent Diversion Structure under high tide conditions. 5. Identify combined CSO bypass +WWTP flow and tide elevation at which diversions will occur from the Industrial Outfall to the City Outfall based on the identified Industrial outfall diffuser repairs and modifications. Assumptions: 1. Hydrodynamic modeling and water quality reasonable potential analyses will not be performed. It is assumed that a uniform flow distribution can be achieved through the Industrial Outfall at peak day and maximum month WWTP flows with the recommended repairs and modifications under non -CSO flow conditions. Dilution ratios will be assumed to be equivalent to or increase by virtue of switching the discharge from the City Outfall to the Industrial Outfall (deeper discharge, greater diffuser length, and stronger ambient currents). 2. Diffuser hydraulic performance will be predicted using one of Brown and Caldwell's proprietary programs for diffuser hydraulics (DIFF$$ or DIFFZ, developed from the methods presented in Chapter 10 of Mixing in Inland and Coastal Water Waters, H.B. Fischer, et al, Academic Press, 1979) using existing diffuser drawings from the former Rayonier Mill and information gathered from the Cosmopolitan Engineering underwater inspections. Deliverables: 1. Summary memorandum describing 1) findings of research; 2). hydraulic evaluations; and 3). proposed repair, modification and cleaning requirements for contracting. Subtask 17.2 Design Preparation Bidding Documents The City of Port Angeles intends to prepare bidding documents for the Industrial Outfall Diffuser Repair and Cleaning Project with Brown and Caldwell support as follows: Activities and Assumptions: 1. Brown and Caldwell will prepare technical contents to support City development of bidding documents consisting of: a. Technical Specifications b. Project size Plans 2. Technical Specifications will consist of identifying, describing, and specifying the contract requirements for cleaning, repairing, and modifying the Industrial Outfall and for materials to be incorporated into the diffuser modifications and repair. 3. Up to three plan sheets consisting of the following: a. Cover Sheet /Area Map Outfall Coordinates b. Diffuser Plan and Profile c. Repair Details /Port Details City of Port Angeles Amendment 13 Exhibit A Revised 01 -05 -12 CSO Phase I Project Page 2 of 4 4. Brown and Caldwell will prepare and submit for review to the City and Washington State Department of Ecology preliminary plans and technical specifications at an approximately 80% 90% completion level. 5. Brown and Caldwell will prepare an Engineer's Opinion of Probable Construction Cost Estimate at an approximately 80 90% completion level. City will deliver a complete electronic copy of the draft Project Manual to Brown and Caldwell to provide context on the overall project for which the Opinion of Probable Construction Cost will be prepared. 6. Plans, Technical Specifications, and Opinion of Probable Construction Cost will be finalized based on City and Ecology review comments. Brown and Caldwell will address comments related to the technical portions of the work. City will address comments related to the bidding, contracting, general and supplementary requirements, and special provisions. 7. City will submit final bidding (100 documents to Ecology for final review and approval. Deliverables: 1. Engineer's Opinion of Probable Construction Cost. 2. Electronic originals of Preliminary and Final Bid Ready Plans (1/2 size) and Technical Specifications for City's insertion in a Project Manual. Subtask 18.2.Assistance During Bidding and Construction This task includes a fixed budget allowance for assistance during bidding and construction for the Port Angeles Rayonier Diffuser Repair and Maintenance Project up to the limit of the allowance unless additional budget is authorized in writing. Activities and Assumptions: 1. City will be the lead for bidding and advertising efforts. City will advertise the project, receive and distribute requests for clarification during bidding, distribute any addenda, and receive /open bids. a. Written addenda will be prepared and tracked by City. b. No conformed project plans and specifications will be issued following the bid period. Addenda will be made part of contract documents. c. Brown and Caldwell will participate in a prebid conference by phone or web conference. 2. The City will be the lead for construction management activities. Brown and Caldwell will provide support services such as review of Contractor's Work Plan and materials technical submittals, responding to RFIs related to the technical requirements of the project, and assist with creation of change orders as requested by the City up to the budget limit for this task. 3. City will review and approve all administrative submittals, and pay requests, and provide copies to Brown and Caldwell. 4. City resident project representative will oversee day to day construction observation as necessary, prepare field reports, coordinate communications with the Contractor, and issue field orders and change orders as required. City of Port Angeles Amendment 13 Exhibit A Revised 01 -05 -12 CSO Phase I Project Page 3 of 4 5. The bidding documents will require that the contractor perform a video inspection by a diver of the completed repairs. As requested by the City, Brown and Caldwell will review and comment on all or any portion of the video document. Deliverables (as requested by the City and to extent of budget): 1. Submittal review comments 2. RFI responses 3. Change order supporting technical documentation Subtask 18.3.Project Management Provide overall project team leadership and guidance to align the project tasks 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 developing and preparing the contract documents, provide support and engineering services during bidding and construction. Activities: 1. Management teleconferences as necessary to track issues, progress, and budget 2. Submit monthly invoices with progress reports that include scope, budget and schedule status, and track of technical and administrative issues. 3. Maintain task schedule and update as necessary. 4. Maintain project documents relevant to task performance, decision log, and deliverables. 5. Provide for coordination and availability of Brown and Caldwell resources committed to task performance. 6. Ensure quality assurance /quality control processes are being followed for task deliverables. City Responsibilities: 1. Maintain record of milestones /issues /decisions. 2. Provide information as requested or required in a timely manner for Brown and Caldwell work. City of Port Angeles Amendment 13 Exhibit A Revised 01 -05 -12 CSO Phase I Project Page 4 of 4 EXHIBIT B To Amendment 12 PROFESSIONAL SERVICES AGREEMENT NO. 06 -0 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 'Protect Management $112,841 19 2 'Mapping Condition Assessment $110,055.64 3 'Cultural $25,092.98 4 'Geotechnica $144,293.41 5 'Environmental Permits $150,829 67 6 0 I CSO Plan Review and Preparation of Contract $180,100.00 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'I Cultural Geotechnical Work Subtotal, Tasks 1 -10• 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 'Bndge Design 11.11 'Building Design 11 12 'Funding Assistance 11.13 'Outfall sediment sampling 11 14 (Rayomer Outfail 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 SUBTOTAL, Tasks 11 -16 TOTAL, LTD (includes Tasks 1 -16) $958,296 98 $47,000 00 $35,279.11 $16,735.00 $59,092.00 $8,025 00 $1,847,640.98 Amendment 12 $310,108.70' $135,361 521 $3,531 00 $12,497 531 $129,665.35' $136,798.69' $79,740.00' $953,001 601 $9,665 00 $50,298.64 $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 $13,196.00 $4,193,414.98 $13,196.00 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 $2,773,942.03 $4,206,610.98 D ffu sr Repair and Mom/Development "q a pmuser,Modo18 Fedtlty Evaluation Repair 6 IAod8eatlori Development Teak Name City Review Cona nce Cotmaet Documents Develop Documents to 8O* Cpy/Eeology Review Fine= Contract Documents Siam* 813 Reedy Doolmatrs Contractor Selection ie Constna tten Mated aerate** Prdletfi 0+ Re Date: Thu ,1212811 Task Spld EXHIBITC Duration Stint Finish iFWvey Alnch y2p11}.110;±nsv21PAY y'3y.1.2r1AXenrt113118�s25r ere406 2., We i oay "woe v+e�is d'1t10/�2,` 205 drys Thu 1118112 Wed /onuui 16 days Thu -V1Vt2 Wed 2/6 l ,t5dpys Thu Wed 2/2012: 6 days Thu311112 Wall 3/7112 20 days Thu 3/8112 Wed 4/4/12' 70 day. 36 days 15 days 15 days 6 days Thu 416112 Thu U6/12 Thu 5124112 Thu 0,4112 Thu 711+12 Wed 711/112 Wed S22/1L Wed 0113112' Wed 7/4/12; Wed 71 1 t112 40 days Thu 7112/42 Wed g5,t2; 40 days Thu 0/6/12 Wed 10131 /t2{ i Progress MBest:me IUD Summary puled Summary w' Page 1 e/a;e/1oe11 i External Tasks irimmeampor Deahne d 'y .External Milestone 0 16 019/72.1 Dudek Repay Schedule