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HomeMy WebLinkAbout5.788 Amendment (9)AMENDMENT NO. 8 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. 8 is made and entered into this /f/ day of A 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, March 9, 2010 and July 27, 2010 (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 8. 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 1, 2011. III MAXIMUM COMPENSATION The maximum total compensation and reimbursement payable to the CONSULTANT is stated in the attached Exhibit B to Amendment 8. Billing rates referenced in Section V.A Amendment No. 8 to Brown and Caldwell Agreement, 06 -01 of the Agreement are amended as shown in the attached Exhibit C to Amendment 8. The maximum compensation amount, referenced in Section VI of the Agreement, is amended to $3,742,791. 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 $3,742,791 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. 8 to the Agreement as of the day and year first written above. CITY OF PORT ANGELES: t -TY MANAGE CONSULTANT: TITLE: I, c e f"ir1ES,oEA1 i APPROVED AS TO FORM: ITY ATTORNEY ATTEST: or— Amendment No 8 to Brown and Caldwell Agreement, 06 -0I EXHIBIT A To Amendment 8 PROFESSIONAL SERVICES AGREEMENT NO. 06-01 SCOPE OF SERVICES RELATED TO PHASE 1 DESIGN SERVICES FOR THE PORT ANGELES CSO IMPROVEMENT PROGRAM Purpose: Perform an independent examination of the city's construction contract documents, for the purpose of identifying, recording and resolving sources of potential delay, additional cost and reduced quality of construction, prior to beginning the public works bidding process. The constructability review will examine the contract documents for clarity, completeness, and consistency. Harris and Associates, under contract to the City will perform the review and Brown and Caldwell will respond and participate. Tasks: Task 1 Constructability Review Activities Task 1.1 Initial workshop A full -day workshop will be held in Port Angeles, to include an orientation to the project by the design engineer, Brown and Caldwell (BC), and by City staff: A walking tour of the project site will follow. Task 1.2 Constructability Review Provide a multi disciplinary team to perform a detailed examination of the city's contract documents to identify, verify, and record: Correct coordination between and within plans and details; Correct coordination between plans and technical specifications; Correct coordination between plans, technical specifications and the general conditions of the contract; Apparent errors in the documents; Apparent omissions from the documents, Apparent ambiguities in the documents; Apparent insufficient detail for bidding and /or construction in both plans and specifications; Variances between the approved scope, schedule, project delivery analysis, and project management plan. Recommendations on the constructability, scheduling and timing of the construction. Task 1.3 Results workshop a half -day meeting at a location to be arranged in the Seattle area. Harris and Associates (Harris) will share the results of their review with BC and City staff. The Harris team will discuss their underlying rationale, respond to questions, and highlight any overarching issues. City of Port Angeles Constructability /Bidability Review CSO Phase I Project Page 1 of 2 Deliverables: 1. Constructability /Bidability comments: Comments shall be in spreadsheet format; one electronic copy and three printed copies. Comments shall be submitted to the city on the 16` working day after Harris receives formal Notice to Proceed from the City. Assumptions: 1. The City will provide electronic copy of its 90% contract documents for this project, consisting of approximately 1,250 specification /contract pages and 236 plan pages. 2. The City will provide background information pertaining to the project as soon as possible, but no later than the initial workshop. 3. Consultation between City staff and Harris staff will by webconference, email and phone. 4. Harris will complete the initial review not later than fifteen (15) working days after receiving the city's written Notice To Proceed. 5. The city and /or designer will determine which bidability /constructability comments, if any, are addressed prior to accepting bids. 6. Harris shall bring identified, apparent discrepancies within the contract documents to the attention of the City but shall not be responsible for final determination of whether information in the documents is correct. 7. Determination of action to respond to Harris' review comments is the prerogative of the designer and the City. 8. Harris shall not be responsible for errors or omissions that are not noted in its review of the plans and specifications. Task 2 Verification Activities 2.1 Harris' project manager will perform a back -check "Follow- Through" check) of the 100% contract documents after incorporation of revisions approved by the City and the designer. 2.2 If necessary, the City will arrange a follow -up meeting. Deliverables: 1. Verification comments: Comments shall be the list of revisions in spreadsheet format and verification of inclusion in the contract documents. Comments shall be provided directly to the City. Assumptions: 1. The City will provide an electronic copy of the draft 100% contract documents. 2. The estimated time frame is mid January, with two weeks duration for the City and Harris review. 3. Consultation between City staff Brown and Caldwell staff, and Harris staff will by webconference, email and phone. City of Port Angeles Constructability /Bidability Review CSO Phase I Page 2 of 2 EXHIBIT B To Amendment 8 PROFESSIONAL SERVICES AGREEMENT NO. 06-01 BUDGET PORT ANGELES CSO IMPROVEMENT PROJECT PHASE 1 DESIGN SERVICES Approved Task Description Budget Pre Design and Design through 60% (original contract and Amendments 1-3) 1 Project Management $112,841 19 2 (Mapping Condition Assessment I $110,055 641 3 (Cultural $25,092 981 4 Geotechnical $144,293411 5 lEnvironmental Permits $150,829 671 6 0 I CSO Plan Review and Preparation of Contract I $180,100 00 Documents 6 1 -6 5 (Detailed Civil, Mechanical, Structural, I $958,296 98 Electrical PICS Design 6 6 1Preparation of 60% Cost Estimate $47,000 00 7 (Engineering Report Bidding Assistance $35,279 11 8 (Evaluation of Additional Alternatives $16,735 00 9 (Plant Flow Management $59,092 00 10 IAdd'I Cultural Geotechnical Work $8,025 00 Subtotal, Tasks 1-10* $1,847,640.98 Task 11 Complete detailed design of CSO Phase 1 Projects (Amendments 4 -7) 11 1 Project Management $141,108 70 11 2 Survey, Mapping Condition Assessment $65,261 52 11 3 Cultural Resources Consultation $12,497 53 11 4 Geotechnical Engineering $129,665 35 11 5 Environmental Permits $87,298 69 11 6 Alternative Development and Evaluation $79,740 00 11 7 Detailed Civil, Mechanical, Structural, $850,501 60I Electrical PICS Design 11 8 Preparation of Cost Estimate $50,298 64 11 9 Bidding Assistance $14,000 00 11 10 Bridge Design $211,200 00 11 11 Building Design $10,000 00 11 12 Funding Assistance $10,000.00 11 13 Outfall sediment sampling $110,200 00 11 14 Rayonier Outfall Inspection $49,000 00 Subtotal, Task 11 $1,820,772 03 12 Septage Receiving Station Design $8,400 00 13 Headworks Screens Design $56,000 00 14 Integrated CSO Monitoring Design $26,000 00 15 WWTP Project Integration Monitoring $34,900 00 16 First St Stormwater Separation $350,050 00 SUBTOTAL, Tasks 11 -16 $2,296,122.03 TOTAL, LTD (includes Tasks 1 -16) $3,728,790.98 Amendment 8 $14,000 00 $14,000.00 $14,000.00 $14,000.00 Revised Budget $141,108 70 $65,261 52 $12,497 53 $129,665 35 $87,298 69 $79,740 00 $864,501 60 $50,298 64 $14,000 00 $211,200 00 $10,000 00 $10,000 00 $110,200 00 $49,000 00 $1,834,772.03 $8,400 00 $56,000 00 $26,000 00 $34,900 00 $350,050 00 $2,310,122.03 $3,742,790.98 Consultant Labor Costs PORT ANGELES CSO IMPROVEMENT PROJECT PHASE 1 DESIGN SERVICES Anderson, Stephen B Beer, Jon Behnke, Andrew B Birmingham, Thomas P Chapman, Thomas M Deaterla, Damion Draheim, Daniel P Floyd, Benjamin Foy, Carrie A Gatlin, Terry L Gordon, Donald H Idrees, Ahmed Jacobsen, Robert W Jacquemart, Joseph Jimenez, Rudy Johnson, Jeffery S Kelly, Kathleen Kimball, Kelly Kloske, Alex P Knapp, Tiffany A Kreider, Tiffany M Kumataka, Gregory Leavitt, Arthur Lord, Alan Lubke, Linnea EXHIBIT C To Amendment 8 PROFESSIONAL SERVICES AGREEMENT NO. 06 -01 Vice President Senior Engineer Supervising Engineer Principal Engineer Senior Engineer Senior Drafter Technical Writer Engineer II Accountant I Supervising Engineer Principal Construction Engineer or Inspector Senior Engineer Senior Engineer Senior Drafter Senior Drafter Vice President Senior Project Analyst Senior Engineer Engineer III Senior Engineer Senior Project Analyst Managing Engineer Engineer III Senior Engineer Supervising Engineer 270.23 148.90 166.92 165.60 135.78 77.39 85.96 89.20 59.51 170.16 169.86 142.79 147.55 82.45 77.16 206.63 85.56 131.98 115.51 149.27 80.67 210.63 129.60 150.99 184.28 Matthews, James McCleary, Dave McGuire, Christina L Melcer, Henryk Merrill, Milford S Miller, Jeremy J Mobley, William Moffat, James H Morris, Melvan Neal, Amy S Novak, John A O'Neal, Mike Patton, James P Paulson, Joel Pena, Michael Plancic, Steve M Ramey, Larry W Schneider, Douglas L Snowden, Donald Stewart, Erin L Tam, Patricia S Tu, Joseph T Vestergaard Hansen, Bo Wagner, David Warburton, Jack Sr. Warford, James Westerberg, Kenneth E Wilcox, Shirley Wingate, David F 111 Supervising Construction Engineer or Inspector Managing Engineer Area Business Operations Manager II Vice President Vice President Assistant Designer Principal Designer Supervising Designer Supervising Engineer Senior Engineer Engineer II Managing Engineer Principal Engineer Supervising Engineer Engineer III Principal Designer Supervising Engineer Managing Engineer Supervising Construction Engineer or Inspector Senior Project Analyst Principal Engineer Principal Designer Principal Engineer Engineer III Senior Vice President Principal Construction Engineer or Inspector Supervising Designer Word Processor IV Engineer II 199.91 211.85 125.07 246.36 222.99 80.34 132.27 136.64 179.05 131.35 102.45 203.22 162.92 165.40 135.22 146.55 191.65 211.55 183.48 95.48 151.28 140.14 153.73 119.35 247.64 169.96 144.64 88.07 97.39 r Z l� pl comie Yuen, Francis X Zeledon, Ruth V Senior Engineer Engineer II 141.17 I 101.30 B•'ROWN' AND C ALDW&L,L 701 Pike Street, Ste 1200 Seattle, WA 98101 Tel 206.749.2315 Fax: 206.749.2200 To: Ms. Kathryn Neal City of Port Angeles 321 E 5TH ST Port Angeles, WA 98362 -3206 From: Mike O'Neal Distribution: File: Shop Drawings Plans Change Order Other: (=I Prints Samples Specifications Date: 7/29/2010 If attachments are not as noted, please notify sender at once. No. of Revision Document or Copies Date or No. Drawing No. Description 1 I I I Executed Amendment 7 I I I I I I I I I I I Prepared by: Kathleen Kelly Senior Project Analyst 1 Tlraln s m ittaI U 1 1J its I L City of Port Angeles PuhPc 4'dorks and Utilities Dept Transm No.: Doses Project No.: 132829 Task No.: Project Title: Combined Sewer Overflow Projects Contract No.: Filing Code Key (C) Copy (CD) CD (D) Disk (E) E -Mail (0) Original (P) Full -Size Print (R) Reduced Print (T) Transmittal Only WE ARE SENDING THE FOLLOWING ITEM(S): Attached Under Separate Cover E -Mail Fed Ex U.S. Mail Hand Carried Courier THESE ARE TRANSMITTED AS CHECKED BELOW: For approval For review and comment Issued for construction As requested Reviewed as noted Issued for bid For your use For reference only Other: REVIEW ACTIONS: No exceptions taken Make revisions Amend and resubmit Rejected None Remarks: Kathryn, this is the original document I sent back the signed pdf version yesterday.