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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 VK 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