039-18 - BHC Consultants LLC - Contract Amendment 1Amendment No. 1 to Contract No. 039-18
CITY OF PORT ORCHARD AGREEMENT WITH
BHC CONSULTANTS
THIS FIRST AMENDMENT to Contract No. 039-18 ("Amendment") is made effective as of the
18th day of August, 2020, by and between the City of Port Orchard ("City"), a municipal corporation,
organized under the laws of the State of Washington, and BHC Consultants ("Consultant"), a limited
liability company organized under the laws of the State of Washington, located and doing business at 1601
Fifth Avenue, Suite 500, Seattle, WA 98101.
WHEREAS, on June 26"', 2018 the City executed Contract No. 039-18for Well 413 design,
permitting, bidding support, and construction administration services with BHC Consultants ("Underlying
Agreement"); and
WHEREAS, additional work was needed during the construction for drilling a new well due to
unforeseen underground conditions and the City directed the Consultant to perform these additional
services; and
WHEREAS, additional services are necessary to deliver the project not addressed in the
Underlying Agreement, but within the scope of BHC's original proposal for the Well 413 Project; and
WHEREAS, the Consultant and the City have conferred and agreed to a revised scope of services
and negotiated a fee increase and time extension that the City considers to be appropriate; and
WHEREAS, the parties wish to memorialize their agreement and so extend the Underlying
Agreement; NOW, THEREFORE,
In consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as
follows -
l . The Underlying Agreement between the parties, incorporated by this reference as if herein
set forth, is amended in, but only in, the following respect:
A. Paragraph I.A. and Paragraph 2.A. of the Underlying Agreement are modified to
add the work described in the attached August 4, 2020 letter from BHC Consultants, which is
Attachment 1 to this First Amendment and incorporated herein by this reference.
B. Paragraph 4 of the Underlying Agreement is modified as follows: the "time and
materials not to exceed" amount is increased by $337,200.00 from $917,910.00 in the underlying
agreement to a revised total of $1,255,110.00.
C. Paragraph 3 of the Underlying Agreement is modified as follows: This agreement
shall terminate on December 31, 2021 unless extended or terminated in writing as provided herein.
2. In all other respects, the Underlying Agreement between the parties shall remain in full
force and effect, amended as set forth herein, but only as set forth herein.
IN WITNESS WHEREOF, the parties have executed this First Amendment on the day and
year set forth above.
CITY OF PORT ORCHARD, BHC CINSULTING, LLC
WASHINGTON
Rob -Dom P.E,, President
Robert Pidaansu Mayor
AIiE ENT TED:
h y ear n., CMC, City Clerk
APPJZKVFA3 AS. TO FORM:
- 'harlotle A. Archer, City Attamay
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CONSULTANTS
Engineers Planners
August 4, 2020
Mark Dorsey, P.E.
Public Works Director and City Engineer
City of Port Orchard
216 Prospect St.
Port Orchard, WA 98366
BHC Consultants, LLC
1601 Fifth Avenue, Suite 500
Seattle, WA 98101
206. 505.3400
206. 505.3406 (fax)
www.bhcconsultants.com
Re: Request for Contract Change Order
Well 13 Project (Port Orchard Contract No. 039-18, BHC #18-10586
Dear Mark,
At this point in the overall Well 13 project, BHC is requesting additional fees through this change
order. Our original contract funding is nearly exhausted. Our funding was impacted by:
• Payment for sub -consultant change orders.
• Well 13 drilling project extending for an additional 6 months.
• Dividing the Well 13 project into four (4) separate projects (Site Preparation, Well
Drilling, Maple Avenue Improvements and Water Main Replacement, and Well 13 Site
Improvements with installation of four (4) PRV stations). In the original scope, the Well
13 components were to be included under one design and construction project.
• Out of scope items, such as an additional PRV station and installation of the Varius
Seismic Alert System.
The additional costs associated with this change order are detailed below.
Sub -Consultant Change Orders
All City approved sub -consultant change orders were paid via the original BHC project
budget.
The sub -consultant change orders are listed below:
Well 13 Site Preparation Project — N.L. Olson geotechnical services during
construction $4,000. Per the project specifications, the City would hire a third -party
geotechnical service to conduct density and compaction testing on the import and
native soil materials used for backfill. Olson was selected by the City since they
were the design geotechnical engineer.
City of Port Orchard
Request for Contract Change Order
August 4, 2020
Page 2
Well 13 Well Drilling Project — ATEC Water Treatment pilot testing $4,500. This
activity was not included in the original scope of work. It was recommended by BHC
and agreed upon by the City to conduct the pilot testing.
Well 13 Well Drilling Project — Robinson -Noble change order for additional work due
to extended drilling schedule $39,048.70. The change order was reviewed and
approved by the City.
Well 13 Maple Avenue Project — N.L. Olson geotechnical analysis and surveying
along unstable slope for new HDD section at cemetery property - $12,500. In the
original scope of work, the unstable slope was to be reinforced by a retaining wall.
The geotechnical work to support the wall was conducted under the Well 10 project.
Due to cost benefits, it was decided to eliminate the retaining wall and use Horizontal
Directional Drill to install the water main. Additional geotechnical and survey work
was required to determine the location of the slope slide plane in order to install the
water main below it.
• Well 13 Maple Avenue Project — PBS Engineering and Environmental, Inc.
hazardous materials survey at COPO property $3,118. This was required to
demolish the City's owned house.
• Well 13 Maple Avenue Project — N.L. Olson survey for water main reroute section
$3,950. The City requested that the water main be routed around a section of
cemetery property. Survey was required for the reroute section.
Well 13 Maple Avenue Project — N.L. Olson geotechnical work, including borings,
along cemetery property for HDD construction $19,600. The water main section to
be installed via HDD was originally set for the shorter slope section, with the
remaining main installed by open trench in the easement across cemetery property.
The City decided to increase the HDD section to include the entire cemetery
property. This required additional geotechnical work along the longer HDD section.
PRVs — N.L. Olson survey of 4 PRV sites $7,800 (note, this change order to be
submitted to the City for approval).
• Archaeological Services — ASM Affiliates for on site observation during excavation
activities on the Maple Avenue project. It is estimated that excavation activities will
last for 30 working days. The daily cost for the archaeologist is $800/day and $3,500
for a final report. Total approximated cost = $27,500.
• Seismic Early Warning System — Varius Corporation will install a seismic early
warning system to well 13 and supply valve to Sedgwick Reservoir under the Well 13
Site Improvements project. The design, materials/equipment, and installation cost is
$35,000.
Additional Cost = $157,000
City of Port Orchard
Request for Contract Change Order
August 4, 2020
Page 3
Processing and Management of Sub -Consultant Change Orders
Total Sub -Consultant C.O.'s = 8. For coordinating with the contractor and the City before
issuing the change order, writing and processing the change order, and managing the work
performed by the sub -consultant under the change order, the time spent per change order is
estimated at 3 hours.
Additional Cost = 3hrs/C.O. x 8 C.O.'s x $200 = $4,800
Construction Document Packages
Originally, one construction document package (plans, specifications, and OPCC) was
budgeted. Although many of the drawings, specifications, and OPCC for the one original
project are applicable to all four projects, additional drawings and/or efforts to compile bid
drawing sets, prepare specifications, develop OPCCs, and coordinate with BHC and City
staff for QA/QC reviews and responses are required. This includes 60% and final
deliverables for each package. Below outlines an estimated effort for the three additional
projects.
• Drawings — For each bid drawing set, assumed 3 additional drawings per project.
Estimated cost per drawings, including CAD and engineering time and coordination
time, is $4,000 per drawing. Additional cost = 3 drawings x $4,000 per drawing x 3
projects = $36,000
• Specifications — For each bid specification, assume an additional 20 hours to revise
the front-end specifications and special provisions and to provide coordination.
Additional cost = 20 hours x $200/hr x 3 projects= $12,000
• OPCCs — For development of three separate OPCCs and coordination, assume an
additional 4 hours per project. Additional cost = 4 hours x $200/hr x 3 projects =
$2,400.
• Plans, Specifications, and OPCC Reviews — Assume an additional 6 hours per
project for BHC internal review, responses to City review comments, and
coordination. Additional cost = 6 hours x $200/hr x 3 projects = $3,600
Total Cost for Three Additional Construction Projects = $54,000
Assistance During Bid
Original fee for this bid item was $5,000. The fee covered all work under one bid process.
Now, four bid processes will have occurred (site preparation, well drilling, Maple Avenue
Improvements and Water Main, and Well 13 Site Improvements). Four separate bid
processes require finalization of four separate bid documents, coordination of four separate
bid advertisements, responses to four rounds of bidder questions, and preparation of
addenda for four bid packages. Assume $5,000 per bid process.
Additional Cost = $5,000 x 3 = $15,000
City of Port Orchard
Request for Contract Change Order
August 4, 2020
Page 4
Construction Assistance
Original fee for this item was $112,000 and this covered all construction work under one
construction contract. Now, four construction contracts with different contractors will have
occurred. The original fee covers many of the items that are or would be included in the
additional three construction contracts. However, additional activities, such as site
meetings, RFIs, submittals, possible change orders, processing of contractor invoices, and
coordination with the contractor and the City would be incurred for the three additional
construction projects. The additional cost for this activity was based on the following:
• Site Construction Meetings — Assume 5 additional meetings per project at
5 mtgs/project x 3 projects x $200/hr x 4 hours per meeting (includes travel and
distributing meeting minutes) _ $12,000
RFIs, Submittals, and Change Orders — From the Site Preparation project, there
were 10 submittals, 2 RFIs, and 4 change orders. These amounts will be assumed
for the three additional projects. For each submittal, RFI, and change order, assume
3 hours to coordinate with the contractor and City, review, and respond in writing.
Additional cost = 16 submittals/RFIs/C.O.'s x 3 hours x 3 projects x $200/hr =
$28,800
• Coordination (day to day coordination with such things as phone calls, emails,
informal questions, etc.) with Contractor and City — Assume 8 hrs per project = 8
hrs/project x 3 projects x $200/hr = $4,800
• Reviewing and Processing Contractor Invoices —Assume an additional 6 invoices
per projects at 3 hrs to review, update City's cost tracking spreadsheet, and
coordinate with contractor to sign City's invoice sheet = 6 invoices/project x 3
hrs/invoice x 3 projects x $200/hr = $10,800.
Total Cost for Additional Construction Assistance = $56,400
Additional Construction Time for Well 13 Drilling
The original well completion schedule was November 2019. Due to additional drilling
depths, the well was completed at the end of May 2020. The extended drilling schedule
required additional BHC work and time. The additional time or hours came directly from
BHC invoices during this period.
Additional cost = $15,300
Permitting
Majority of the permitting effort was conducted by a sub -consultant. However, BHC was
tasked to compile the permit documents, coordinate, and submit permit information to DOH,
DOE, and the City of Port Orchard, and respond to agency comments. The original scope
fee for this item was $4,900. Assume this effort for all four projects.
Additional Cost = $4,900 x 3 = $14,700
City of Port Orchard
Request for Contract Change Order
August 4, 2020
Page 5
Additional PRV Design
The design for the initial three PRV's was included in the original fee. From the rezoning
modeling effort, a fourth PRV was needed. To develop a design cost for the additional PRV,
assume development of 3 drawings at $5,000 per drawing for CAD and engineering.
Additional Cost = $5,000 x 3 = $15,000
Varius Seismic Warning System for Well 13 Site Improvements
The City has requested that the Varius Seismic Warning System be installed at Well 13.
Coordination with Varius, incorporation of their equipment, and installation of a shut off valve
at the existing reservoir will be required. At this time, it is estimated that this work will cost
$5,000.
TOTAL BHC CHANGE ORDER = $337,200
Please contact me if you have any questions or would like to discuss any of the items listed
above. My direct number is (206) 596-5297.
Respectfully Submitted
BHC Consultants
John Gillespie, P.E.
BHC Project Manager