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Contract Number: 5181 Vendor: EXELTECH CONSULTING, INC. Subject: PSA - Anderson Cove Low Impact Development Department: Engineering File Class: LEG 12 -1 Begin Date: 10/1/2012 End Date: 3/27/2014 Review Date: 2/1/2014 Vault Date: 2014 Comments: CONTRACT MODIFICATION AGREEMENT NO. _2_ BETWEEN THE CITY OF BREMERTON AND EXELTECH CONSULTING, INC. PROJECT Anderson Cove Low Impact Development CONSULTANT Exeltech Consulting, Inc DATE THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE AGREEMENT (the "Contract ") entered into between the City of Bremerton and Exeltech Consulting, Inc. on October 1, 2012. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document v� For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows I. Section I. Scope , is modified as follows Phase 3, Construction management Services, the actual scope was not modified, but the time to complete tasks in this section was initially estimated at 197 hours Actual time spent to complete the tasks doubled Reasons for this time increase include the original estimate was for 60 days of construction support where actual was 90 days, frequent resubmittals and reviews for materials documentation from the Contractor, and design modifications requested by the Fisheries Department during construction Section III. Compensation , is modified as follows The original contract amount was I Twenty Four Thousand, Nine Hundred and Nine Dollars and Fifty Five Cents ($24,909.55) With Amendment 41, the contract amount was One Hundred and Four Thousand, Nine Hundred and Seventeen Dollars and Sixty Cents ($104,917.60). 1 The City shall pay the Consultant for the additional work described above, based on time and materials, an amount not to exceed Twenty Nine Thousand, Eight Hundred and Fifty Dollars and Three Cents ($29,850.03) for a total amended contract amount of One Hundred and Thirty Four Thousand, Seven Hundred and Sixty Seven Dollars and Sixty Three Cents ($134,767.63) including this Contract Modification II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all of the Consultant's claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this CONTRACT MODIFICATION 1 Project Number Contract Modification, claims related to on -site or home office overhead, or lost profits. This Contract Modification does not limit the City's right to bring a claim for past performance. The undersigned consultant approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Consultant warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. City Engineer / Public Works Director approved to process f 12 TT 7 Intttals and Date CONSULTA T. THE CITY OF BREMERTON By S to ruvilla By Patt#lknt Its President Its Ma r DATE: OI1 27/20�3 DATE 12 APPROVED AS TO FORM: ATTEST: JL "B i N merton City Attorney Cler NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Mr Roger Horton Mr. Gunnar Fndnksson Exeltech Consulting Inc Managing Engineer 8729 Commerce Pl. Dr NE, Suite A City of Bremerton Engineering Department Lacey, WA 98516 3027 Olympus Drive 360 915.4147 Bremerton, WA 98310 360.473.2354 R \LEGALTontractsTORMWontract Modification (2003) doe CONTRACT MODIFICATION 2 Project Number Contract Number. 5181 Vendor: EXELTECH CONSULTING, INC. Subject: PSA - Anderson Cove Low Impact Development Department: Engineering File Class: LEG 12 -1 Begin Date: 10/1/2012 End Date* 11/30/2012 Review Date Vault Date. 2014 Comments. CONTRACT MODIFICATION AGREEMENT NO. _1_ BETWEEN THE CITY OF BREMERTON AND EXELTECH CONSULTING, INC. PROJECT Anderson Cove Low Impact Development CONSULTANT Exeltech Consulting, Inc DATE January 11, 2013 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE PROFESSIONAL SERVICES AGREEMENT (the "Contract ") entered into between the City of Bremerton and Exeltech Consulting, Inc. on October 1, 2012. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows 1. Section 1. Scope , is modified as follows See Amended Scope of Work attached as Exhibit A -1 Section H. Term , is modified as follows The Consultant shall complete the work described in this Contract Modification Agreement by May 1, 2013 Section 111. Compensation , is modified as follows The original contract amount was Twenty Four Thousand, Nine Hundred and Nine Dollars and Fifty Five Cents ($24,909.55) The City shall pay the Consultant for the additional work described above, based on time and materials, an amount not to exceed Eighty Thousand and Eight Dollars and Five Cents ($80,008.05) for a total amended contract amount of One Hundred and Four Thousand, Nine Hundred and Seventeen Dollars and Sixty Cents ($104,917.60), including this Contract Modification II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all of the Consultant's claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work completed to date. This Contract Modification does not limit the City's right to bring a claim for past performance. CONTRACT MODIFICATION 1 Project Number 827 1\ The undersigned consultant approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Consultant warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. City Engineer / Public Works Director approved to process y /` ✓ Imtials and Date CO NSU ANT. THE CITY OF BREMERTON (7 a - -4 ' ��w / By By Patty ent Its 'PY �. (�(,ln + Its DATE 2' S/ Z�►�3 DATE 9 /� APPROVED AS TO FORM: ATTEST: dm erton City Attorney C Clerk NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Mr Roger Horton Mr Gunnar Fndnksson Exeltech Consulting Inc Managing Engineer 8729 Commerce PI Dr NE, Suite A City of Bremerton Engineering Department Lacey, WA 98516 3027 Olympus Drive 360 915 4147 Bremerton, WA 98310 360 473 2354 R TEGAUContractsTORMWontract Modification (2003) doc CONTRACT MODIFICATION 2 Project Number 827 Exhibit A -1 Scope of Services City of Bremerton Anderson Cove Waterfront Park LID Project Phase 2 - Final Design Services Phase 3 — Construction Management Services January 11, 2013 Prepared by: Exeltech Consulting, Inc 8729 Commerce PI Dr NE, Suite A Lacey, WA 98516 e x e 1 t e c h City of Bremerton Exeltech Consulting, Inc Anderson Cove Waterfront Park — Final Design & Construction Management Scope of Services TABLE OF CONTENTS INTRODUCTION................................................................................. ..............................2 PROJECTDESCRIPTION .................................................................. ..............................2 ASSUMPTIONS.................................................................................. ..............................2 SCOPE OF SERVICES — PHASE 2, FINAL DESIGN SERVICES ...... ..............................4 1. PROJECT MANAGEMENT ......................................................... ..............................4 1.1 Project Meetings .............................................................. ..............................4 1.2 Monthly Progress Reports .............................................. ..............................5 2. PLANS, SPECIFICATIONS, AND ESTIMATE ............................ ..............................5 3. GEOTECHNICAL ......................................................................... ..............................6 3. 1 ............................................................................................... ............................... Errorl Book Geotechnical Reconnaissance and Laboratory Testing ......... ..............................6 3.2 Geotechnical Analyses and Report ................................ ..............................6 SCOPE OF SERVICES — PHASE 3, CONSTRUCTION MANAGEMENT SERVICES ..... 7 1. PRE - CONSTRUCTION ACTIVITIES ........................................... ..............................7 1.1 Pre -Bid Support ............................................................... ..............................7 1.2 Record of Materials .......................................................... ..............................7 1.3 Pre - construction Conference .......................................... ..............................7 2. CONTRACT ADMINISTRATION FOR CONSTRUCTION ........... ..............................8 2.1 Project Meetings .............................................................. ..............................8 2.2 Submittal Management .................................................... ..............................8 2.3 Inspection Services ......................................................... ..............................8 2.4 Claims /Change Order Administration ............................ ..............................9 2.5 Monthly Construction Contract Schedule Review ......... .............................10 2.6 Review Contractor Payment Requests ........................... .............................10 2 .7 Materials Testing ............................................................... .............................10 2.8 Record Drawings .............................................................. .............................11 2.9 Project Closeout ............................................................... .............................11 2.10 Pre and Post - construction Photographs ........................ .............................11 1 City of Bremerton Exeltech Consulting, Inc Anderson Cove Waterfront Park — Final Design & Construction Management Scope of Services INTRODUCTION The City of Bremerton (hereinafter "City ") is the Contracting Agency for this scope of services Exeltech Consulting, Inc (hereinafter "Consultant ") shall work under the City's Managing Engineer and, as directed by the City, shall provide engineering services on the Anderson Cove Waterfront Park- Drainage Study and Design Project (hereinafter "Project ") to support the City in progressing the design to a 100% ready for construction PS &E PROJECT DESCRIPTION Anderson Cove Park is located adjacent to 19 Street and Taft Avenue There is an existing City sewer pump station on the property The City wants to provide water quality treatment on this 0 6 -acre site they acquired Currently, all the runoff from the 160 acre basin goes to Anderson Cove without any pre- treatment We understand the ultimate goal of the City is to convert this parcel Into a park Phase 1 of the project consisted of survey, evaluation of different water quality treatment options and initial geotechnical research and infiltration evaluation These services have been completed Phase 2 of the project consists of site grading, new sidewalk, and drainage design Implementing Low Impact Development (LID) techniques, and additional subsurface explorations and soil testing for the selected alternatives, which will progress to 100% PS &E Phase 3 of the project consists of construction management services, Including providing a Project Office Engineer for the project and construction support from the design staff This Scope of Services is for Phases 2 and 3 of the Project The Project is funded with Department of Ecology Water Quality Enhancement project funds ASSUMPTIONS 1 Design standards to be used include the following — versions of which are in place at time of contract execution • City of Bremerton Design and Construction Standards • Washington State Department of Transportation (WSDOT) LAG Manual • 2012 Washington State Department of Ecology Stormwater Management Manual for Western Washington • WSDOT Hydraulics Manual 2 Hazardous materials will not be encountered on the Project site 3 The Project schedule Is assumed to be Notice to Proceed (NTP) - February 8, 2013 Completion of Phase 2 - mid -March 2013 Completion of Phase 3 - Summer, 2013 2 1 City of Bremerton Exeltech Consulting, Inc Anderson Cove Waterfront Park — Final Design & Construction Management Scope of Services 4 The City will perform environmental permitting 5 The Consultant will use AutoCAD Civil 3D software (2013 Version) for plan preparation 6 All required survey and environmental /permitting services have been completed 7 The City has adequate Right of Way for the project and no new Right of Way will be required except for easements 8 The City will be responsible for all public involvement activities 9 The City will obtain all excavation permits and provide permission and access to the property to excavate the additional test pits The City will backfill and compact the test pit explorations to a density /condition equal to or better than the original density /condition prior to excavation 10 The Consultant will call the Underground Utilities Location Center (UULC) (1- 800 -424- 5555) to locate utilities prior to the test pit excavations The City is responsible for locating utilities not marked by the UULC 11 For all Geotechnical services, the City will provide permission and access to the property for the reconnaissance and shallow hand excavations 12 All plans and documents will be based on English units of measurement 13 The City will make timely payment of invoices (within 30 days of approved invoice) 14 Project deliverables will be In hard copy and electronic format (excluding invoices and supporting documents, which will be delivered in hard copy format only) 15 The level of effort for each phase and task of work is limited to the amount of labor and expenses Indicated in Exhibit E -2 The budget may be transferred between tasks, provided the total contracted amount is not exceeded Additional services beyond these limits may be considered Extra Work 16 All City directed activities, above and beyond the scope of services will require written confirmation from the City's Project Manager or designee 17 The City will provide timely review of submitted documents The project team will send work products to the City for review as they are developed, thus at time of 95% submittal all work will have be reviewed once and any revisions will be minor in nature 18 Preparing 100% Plans, Specifications and Estimate, Bid support and construction support are Included In this scope of services 19 The Consultant will develop and provide the City with special provisions, and the City will then compile to prepare the complete specifications, to include Division 1 and the Contract Proposal 20 The project will be scheduled to be constructed In one construction season 21 All City directed activities, above and beyond the scope of work, will require written confirmation from the City Project Manager or designee 22 This contract shall be assumed to be 50 working days with 5 additional working days built in due to changes, delay or weather The Consultant's Construction Management Team will begin one week prior to the pre - construction meeting and will continue until Contractor has physical completion 23 Contractor's work is anticipated to take place during daylight hours on a single shift of 8 hours per day, 5 days per week 3 City of Bremerton Exeltech Consulting, Inc Anderson Cove Waterfront Park — Final Design & Construction Management Scope of Services 24 The City will provide a project Inspector for the project 25 The Consultant's Construction Management Team is assumed to include the following labor resources • Project Manager • One Project Office Engineer • One time Documentation Control Administrator • Office QA/QC Engineer • Administrative Support Professional services will be limited to the assumed hours and per hour costs established in Exhibit E -2 for each position, unless additional services are authorized by the City 26 To streamline communication, all project direction from the City will be channeled through Consultant's Project Office Engineer, who will also serve as the primary point of communication with the Contractor 27 Exeltech's Project Office Engineer will report directly to, and communication flow will be directly to /from the City's Project Manager 28 Project documentation will be maintained in the Consultant's web based documentation software, a -Room, and filed in accordance with standard filing protocol At the completion of the project, the original project documentation will be transferred to the City in hard copy and electronic format 29 General materials testing shall be provided by the City with the City Inspector coordinating the materials testing effort 30 The City will have WSDOT perform all fabrication inspections of catch basins and manholes 31 Hazardous materials and or archaeological discoveries /conditions are not known to be present at the project site, but will be properly dealt with if encountered 32 The City will lead the coordination between the Contractor's activities and the Impacts to the local residents and businesses SCOPE OF SERVICES — PHASE 2, FINAL DESIGN SERVICES 1. PROJECT MANAGEMENT The Consultant shall provide overall project management and documentation of work progress, Including coordinating the work products of the design team that are critical to the overall design effort The Consultant will proactively communicate and document changes that arise with the City's agreement 1.1 Project Meetings It Is anticipated that the Consultant will participate In one (1) project meeting with the City at the project site for a plan In hand review Other project meetings will be held via conference call This meeting will be held prior to submittal to DOE 4 City of Bremerton Exeltech Consulting, Inc Anderson Cove Waterfront Park — Final Design & Construction Management Scope of Services 1.2 Monthly Progress Reports The Consultant will prepare monthly progress reports which will Include a summary of work completed and the financial status of project budget Dehverable(s) 1 Monthly Progress Report 2 Monthly Invoices 2 PLANS, SPECIFICATIONS, AND ESTIMATE The Consultant will develop contract plans, specifications (using WSDOT 2012 Specification book) and estimate for the following Items 1 Construction of a six (6) foot pervious sidewalk and recharge bed adjacent to the entire frontage of the property Placement of the sidewalk is to be ten (10) feet from the centerline of 19 Street and be adjacent to the edge of the existing asphalt on Taft Avenue An underdrain line should be utilized for the sidewalk along 19 Street that would drain to the Port Washington Narrows 2 Capture storm water from the concrete culvert at the SW corner of the site and direct flows Into a 4 1 fill slope and underlying sand filter using the example of 8 5 3 of the 2012 DOE Stormwater Manual This filter will have a drainllne at the easterly edge of the fill which will drain to the Port Washington Narrows The attachment shows the trees to be removed and which are to be saved There is also a rough layout for new plantings that need to be accommodated in the design 3 Installation of two (2) Fllterra units These units will be as shown on the attachment, with some modifications for the parking area at the pump station These units will be utilized for treatment of stormwater from the adjacent street Included with this work will be the revisions to the catch basins in 19 Street to allow water Into the units 4 A bio- retention Swale that will run adjacent to the shoreline trail The Swale shall be constructed using the example of 7 4 1 of the 2012 DOE Stormwater Manual, and be an overflow for the Fllterra units 5 Use of a pervious concrete pre -cast unit for a parking and load /unload area directly to the west of the pump station, being approximately 20 feet by 50 feet The units used should be able to have grass growing between and through them, I e Grasscrete The design will be performed to align with the City's Parks Depa schematic plan provided by the City on December 17, 2012, and attached as Ex A Items marked as "By Others" on Exhibit A will be designed by the City, including the Irrigation system The Contract plans and specifications will be established with a base bid Item for the fill slope, sand filter and grading of the site, Including the Swale The sidewalk, Fllterras and Grasscrete will be included as bid additives 5 City of Bremerton Exeltech Consulting, Inc Anderson Cove Waterfront Park — Final Design & Construction Management Scope of Services The 100% PS &E will be provided to the City and DOE by mid- March, 2013 for review It is assumed that any comments by DOE and /or the City will be minor In nature The level of effort for this work assumes 11 plan sheets, as follows 1 Cover Sheet with Vicinity Map and Index 2 Site Preparation and TESC Plan 3 Grading Plan 4 Sidewalk and Drainage Plan 5 Drainage Details 6 Pervious Sidewalk Details 7 Sand Filter Details 8 Fllterra Details 9 Bioretention Swale and Outfall Details 10 Pervious Parking Details 11 Slope Stabilization Details Dehverable(s) 1 100% PS &E 2 Revised PS &E (based on City /DOE comments) 3. GEOTECHNICAL Shannon & Wilson will provide additional geotechnical services for the Project 3.1 Geotechnical Reconnaissance & Laboratory Testing A geotechnical site reconnaissance will be performed to observe site features, surface soil, and surface water conditions Shallow hand excavations will be conducted at the proposed fill, bioswale, porous pavement, and pervious concrete parking locations to Identify topsoil depth, subsurface soil, and groundwater conditions, if encountered The hand excavations will be performed using a shovel and extend 2 feet or less in depth Soil samples from the hand excavations will be collected In bars and returned to our laboratory for testing Logs for the shallow hand excavations will not be produced Laboratory tests will be performed for the classification, gradation, and organic evaluation of the subsurface soil at the site Soil samples for testing will be selected from the available samples collected previously during test pit explorations performed for Phase I of the project, and the samples collected during the hand explorations during this phase of the project We anticipate that laboratory tests will consist of grain size analyses, organic contents, and cation exchange capacities The laboratory tests will be performed using applicable ASTM International and U S Environmental Protection Agency test procedures 3.2 Geotechnical Evaluation and Final Report Based on the site reconnaissance, and the results of the subsurface explorations and laboratory testing performed under Phase I and this phase of the project, we 6 City of Bremerton Exeltech Consulting, Inc Anderson Cove Waterfront Park — Final Design & Construction Management Scope of Services will perform engineering analyses to develop recommendations for design of the proposed park The following list is based on our current understanding of the project to date Our analyses will include 1 Evaluation of subsurface conditions and site geology 2 Evaluation of treatment capacity of the in -situ soil 3 FIII material specifications for the site regrade to meet Washington State Department of Ecology Stormwater Manual requirements for infiltration 4 Sand filter material specifications for the north -south trending interception trenches 5 FIII placement and compaction recommendations 6 Bioretention Swale material specifications and construction recommendations 7 Pervious concrete pre -cast parking surface subgrade recommendations and preliminary design Infiltration rate The report will include the logs of the test pits completed under Phase 1, the laboratory test results, the Interpreted subsurface conditions, and conclusions and recommendations resulting from our geotechnical engineering and hydrogeological studies Deliverables 1 Geotechnical Report Addendum addressing the above items (three paper copies and PDF electronic copy) SCOPE OF SERVICES — PHASE 3, CONSTRUCTION MANAGEMENT SERVICES 1. PRE - CONSTRUCTION ACTIVITIES 1.1 Pre -Bid Support The Consultant shall support the City, as requested, to provide consultation regarding RFls from the Contractor and /or Contractor evaluation and selection 10 hours of work have been assumed for this effort 1.2 Record of Materials The Consultant will develop a ROM prepared The ROM will be used to track all materials on the project 1.3 Pre - construction Conference The Consultant will prepare for and conduct a Pre - construction Conference prior to the Contractor beginning work The Consultant will develop an agenda and relevant project distribution information for the City's review and approval prior to the Conference The Consultant will distribute notices of, facilitate, and voice tape the conference, which will be held at the City's offices The Consultant will prepare and distribute meeting minutes within seven (7) days of the Conference to all attendees and affected agencies, staff, etc City of Bremerton Exeltech Consulting, Inc Anderson Cove Waterfront Park — Final Design & Construction Management Scope of Services At the Pre - construction conference, the Consultant shall facilitate discussions with the Contractor concerning the plans, specifications, schedules, issues with utilities, unusual conditions, federal, state, and local requirements, EEO, DBE requirements, and any other items that will result in better project understanding among the parties involved 2 CONTRACT ADMINISTRATION FOR CONSTRUCTION 2.1 Project Meetings The Consultant shall attend various project related meetings with the Contractor (including weekly project meetings) The Consultant will prepare the agenda, keep meeting minutes, and the action item list for each of the weekly Project meetings The Consultant may also be required to attend and participate in weekly safety tool box meetings as conducted by the Contractor No minutes will be provided for safety meetings, but will be noted in the inspector's daily report 2.2 Submittal Management All Project submittals will be logged and tracked by the Consultant The Consultant shall coordinate and process the receipt, distribution, review and compilation of comments, and monitor and track the processing of RFI's, submittals, samples, shop drawings, steel reinforcing details, bar lists, mix designs, test reports, traffic control plans, change orders, payment requests, certified payrolls, and other submittals from the Contractor for compliance with the contract documents The Consultant shall track and approve the processing of Request for Approval of Materials (RAM's) and review and distribute as necessary All Contractor submittals to City staff and /or FOR for will be submitted for approval, including proposed designs, construction methods and procedures for the various components of the structures, formwork and false work submittals, catalog cuts, and shop drawings for compliance with the Contract documents The Consultant will seek technical expertise from the FOR when required for clarification or resolution of Contract drawings The Consultant shall process the requests for sublet, and shall review and approve the requests according to the specification 1 -08 1 The Consultant shall review and respond on the SPCC / Erosion Control Plan and shall monitor the Contractor's administration of the Plan 2.3 Inspection Services The City will be providing an inspector for the project The Consultant shall coordinate and review the inspect of on -site construction methods, products, materials, and activities for conformance with the project plans, specifications, Contract documents, submittals and applicable codes and design standards with the ROM Any non - conformances, deviations, defects or deficiencies observed will be documented and communicated to the City The Inspector shall be the City's representative to coordinate and facilitate the Contractor's work with Utilities, and the adjoining property owners on the project The Consultant will review the required wage rates against the Inspectors required employee wage interviews The Consultant will also track the required DBE goals, and prepare Monthly Utilization Reports 8 City of Bremerton Exeltech Consulting, Inc Anderson Cove Waterfront Park — Final Design & Construction Management Scope of Services The City Inspector shall track and Inspect all materials deliveries, storage and protection for compliance The City Inspector shall perform the technical Inspection and verify acceptance testing for all project materials and constructed components as specified by the ROM The Consultant shall assist the Inspector to document all observed non - conforming work, and as necessary in conjunction with the design team make recommendations to the City for corrective measures In addition, the Consultant will notify the Contractor Immediately and proactively work with the Contractor to resolve such Issues Resolution of all nonconforming Issues /Item, will be tracked to assure that corrective work Is completed As necessary, disputes will be elevated to the proper level The City Inspector shall prepare Inspector's Dally Reports (IDRs) by documenting weather conditions, labor, equipment, and materials used, material and equipment deliveries to the site, phases of work being undertaken with start and stop times, work by bid item number, environmental permit compliance, Contractor contacts made, visitors to the site, quality of work, shortages, requests for change orders, engineer directives and /or clarifications, design issues, safety, traffic management, accidents, any notices received, interfaces with other agencies and government officials, Identification of different site conditions and contaminated materials and the influence of external events such as weather and strikes which may affect the cost or completion schedule for the work The Consultant shall review and Initial the IDR's and then they will be posted to a -Room by the end of the next day's shift The City Inspector will provide dally reports on any Force Account Items on the WSDOT 422 -008 form The Consultant will document and calculate the amount to be paid for work performed on the force account The City Inspector will document and record field calculations and notes The Consultant shall provide a weekly statement of working days to the Contractor and a copy to the file The City Inspector shall provide pictorial documentation through weekly progress photos during the construction period The construction photographs will be In digital format and cataloged by date Construction photographs will be posted to e- Room on a weekly basis 2.4 Claims /Change Order Administration The Consultant shall work to resolve day -to -day construction disputes which may occur during the course of the Project, and shall promptly inform the City of notices of changes or claims /Issues raised by the Contractor The Consultant shall assist and work on behalf of the City in preparing and negotiating claims, change order costs and time extensions by evaluating the Contractor's proposal and performing a preliminary evaluation of the contents of the change or claim and obtaining factual information concerning the change or claim to evaluate merit and entitlement The Consultant shall prepare Independent cost estimates based on the alleged cause of claims or proposed changes submitted by the Contractor Upon successful change order negotiations, the Consultant will prepare the final change order for execution by the City and the Contractor Where applicable, the Consultant shall prepare alternate estimates based on varying scenarios of the change or claim cause These estimates shall be transmitted to the City and shall be used In claim or change order rulings and 9 City of Bremerton Exeltech Consulting, Inc Anderson Cove Waterfront Park — Final Design & Construction Management Scope of Services negotiations All delays and extra work will be monitored and tracked The Consultant shall advise the City of the acceptability of price and time extension prior to submittal to the Contractor for their signature The Consultant will coordinate with and obtain written concurrence from the FOR on the description of work for each change order, which will be included as an attachment to the change order The Consultant shall prepare and maintain a Change Order Report which will be provided to the City on a weekly basis The report shall document and track change order Information pertaining to proposed and executed change orders and their effect on the contract price as of the date of the report The Consultant will coordinate emergency change order work as directed by the City If necessary, the Consultant will provide dispute resolution procedures and expert witness deposition during litigation (associated time not Included in current budget) All minor items of work, per the contract bid Item, will be approved by the City's Project Manager before the Consultant directs the Contractor to proceed with the work 2.5 Monthly Construction Contract Schedule Review The Consultant shall perform an Initial detailed schedule review of the Contractor provided CPM for conformance with the contract documents, and will discuss related schedule issues or concerns with the City On a monthly basis, the Consultant shall review and respond to the Contractor's updated construction schedule and compare with field- observed progress The Consultant shall monitor and regularly report to the City regarding schedule compliance If Issues arise, the Consultant shall report to the City with suggested resolutions, and coordinate with Contractor in the development of recovery schedules, as needed, to address delays caused by either events or Issues within the Contractor's control or other events or issues beyond the Contractor's control The Consultant shall advise the City and make recommendations for exercising the City's contract prerogatives, including giving the Contractor notice to accelerate the project progress, withhold payment for cause, and other prerogatives available in an effort to achieve contract and schedule compliance 2.6 Review Contractor Payment Requests The City Inspector shall track installed quantities The Consultant shall review Contractor's invoices for materials, and provide a monthly pay estimate for the City to make payment to the Contractor based on measured quantities of work performed for each bid Item As necessary, the Consultant shall prepare correspondence explaining payment recommendations 2.7 Materials Testing The City will contract separately and provide a resource for all materials testing required on the Project 10 City of Bremerton Exeltech Consulting, Inc Anderson Cove Waterfront Park — Final Design & Construction Management Scope of Services 2.8 Record Drawings The Consultant will review record drawings prepared by the Contractor, and shall prepare and maintain a conformed set of field record drawings based on Contractor provided information and from inspection notes The field record drawings shall be verified on a monthly basis, as part of the progress payment to the Contractor Upon project completion, contractor provided markups will be verified for completeness and supplemented with inspection Information The Consultant will then forward the final conformed field record drawings to the FOR who will prepare the final record drawings 2.9 Project Closeout When appropriate, the Consultant shall make a recommendation for issuance of substantial construction completion The Consultant shall coordinate with the City, the engineer of record, sub - consultants, Utilities, and other affected agencies to perform a project walk through and inspection, and oversee production of a comprehensive list of deficiencies and punch list items to be completed by the Contractor The punch list and Certificate of Substantial Completion will be prepared by the Consultant and issued by the City The Consultant will sign -off on punch list work as it is completed in accordance with the Contract documents Following completion of all punch list work, the Consultant shall recommend that the City and /or Utilities accept the Project Once all involved entities have accepted the Project in writing, the Consultant will prepare a Certificate of Physical Completion, which will be issued by the City The Consultant will prepare and /or finalize all of the necessary reports and documentation for the Project, Including but not limited to the final pay estimate, comparison of preliminary and final quantities, record of material samples and tests, material certifications, affidavit of wages paid, and affidavit of amount paid to DBE participants Upon completion of all work on the Project, the Consultant shall deliver all Project documents to the City for permanent storage Project documentation shall be neatly organized and labeled in standard filing boxes A copy of all digital files related to the construction project, including all e- mails, shall be provided to the City on a mass storage device (thumb drive, or approved equivalent) The Consultant may keep a copy of the project documents for their records 2.10 Pre and Post - construction Photographs The City Inspector will take a series of both pre and post construction photographs which will document the final condition of the Project right -of -way, and all relevant buildings and structures adjoining the site Photos will be cataloged as to their location, date, and other relevant information 11 City of Bremerton Anderson Cove Waterfront Park - Final Design and Construction Management Services Consultant Agreement Estimate (Summary of Cost Per Consultant) Task Shannon & Total Exeltech Wilson PHASE 2, FINAL DESIGN SERVICES 1 PROJECT MANAGEMENT 1 1 Project Meetings $3,52400 $3,52400 12 Monthly Progress Reports $1.47800 $1,47800 2 PLANS SPECIFICATIONS & ESTIMATE $39,45000 $39,45000 3 GEOTECHNICAL 41 Geotechnical Reconnaissance and Laboratory Testing $1,03000 $1,03000 4 2 Geotechnical Evaluation and Final Report $10,41300 $10,41300 SUBTOTAL PHASE 2 $44,45200 $11 443 00 $55,89500 PHASE 3 CONSTRUCTION MANAGEMENT SERVICES 1 PRE - CONSTRUCTION ACTIVITIES $6,90500 $6,90500 2 CONTRACT ADMINISTRATION FOR CONSTRUCTION $15,66000 $15,66000 SUBTOTAL PHASE 3 $22,56500 OM $22,56500 Subtotal $67,017 00 $11,443 00 $78,46000 Direct Costs $48520 $1,06285 $1,54805 Escalation TOTAL $67,50220 $12,50585 $80,00805 City of Bremerton Anderson Cove Waterfront Park - Final Design and Construction Management Services Consultant Agreement Estimate (Hours Sheet) Ezeltech Labor Hours Shannon & Wilson 0 ffi o c a QiD S � o c 2 10 t m ` W O D O = Q r m 0 r IL c A c V Q Q € g L c t - o uI n `o e y 0. V Task b ° m v o c o 0. 00 06 19 PHASE 2 FINAL DESIGN SERVICES 1 PROJECT MANAGEMENT 1 1 Project Meetings 8 8 12 28 28 12 Monthly Progress Reports 6 4 10 10 2 PLANS SPECIFICATIONS & ESTIMATE 18 200 180 398 398 3 GEOTECHNICAL 41 Geotechmcal Reconnaissance and Laboi 6 2 8 8 4 2 Geotechnical Evaluation and Final Repog 5 13 60 4 6 88 88 PHASE 3 CONSTRUCTION MANAGEMENT SERVICES 1 PRE- CONSTRUCTION ACTIVITIES 12 5 40 57 57 2 CONTRACT ADMINISTRATION FOR CONS1 10 130 140 140 TOTAL 54 213 180 186 0 O 6331 5 1 14 62 4 6 96 j 729 Consultant Fee Determination - Summary Sheet Cost Plus Fixed Fee Anderson Cove Waterfront Park — Drainage Study and Design Start Date City of Bremerton Task Description End Date Consultant Fee Determination Exeltech Project # Consultant Exeltech Consulting, Inc Code Classification Man Hours LABOR Hours Rate Dollars Sr Project Manager 54 x $17500 = 9,45000 Project Civil Engineer 213 x $10500 = 22,365 00 Sr CADD Technician 180 x $8500 = 15,300 00 Project Office Engineer 186 x $10700 = 19,902 00 Documentation Administrator 0 x $4700 = 000 Administration 0 x $7000 = 000 Total Hours 633 Total DSC = 67,017 00 % Increase % of Work Labor Escalation for '13 0 0 = 000 Escalated Total DSC = 67,017 00 Reimbursables Itemized Quantity Units Rate In Scope Meals and Lodging each @ $20000 = 000 Mileage 400 each @ $0550 = 22000 Reproduction and Printing copies @ $050 = 000 Postage and Supplies 8 Est @ $2000 = 16000 Ferry 4 Est @ $2630 = 10520 Reimbursables Total 48520 Exeltech Subtotal 67,502 20 Subconsultant Costs (See Exhibit G) 12,505 85 Grand Total 80,008 05 Subconsultant Fee Determination - Summary Sheet Anderson Cove Waterfront Park — Drainage Study and Design Start Date City of Bremerton Task Description Geotechrncal End Date Subconsultant Fee Determination Exeltech Project # Subconsultant Shannon & Wilson Classification Hours Labor Rate Dollars Vice President 5 x $23000 = $1,15000 Principal Professional 19 x $13500 = $2,56500 Professional IV 62 x $11000 = $6,82000 Senior Drafter 4 x $9500 = $38000 Admm 6 x $8800 = $52800 Total Hours 96 Total Direct Labor Cost = $11,44300 % Increase % of Work Labor Escalation for '113 0 0 = $000 Escalated Labor Cost $000 Reimbursables Quantity Itemized Units Rate In Scope Misc Field Supplies 1 each @ $3000 = $3000 Ferry 1 each @ $4000 = $4000 Mileage 15 each @ $055 = $825 Jars 1 each @ $2500 = $2500 Sample Receiving /Har 1 each/boxe: @ $700 = $700 Sieve Analyses - no H 1 each @ $12500 = $12500 Sieve Analyses - with 1 2 each @ $22500 = $45000 Cation Exchange Cap, 2 each @ $9500 = $19000 Organic Content Test 2 each @ $6500 = $13000 B &W Copies 100 each @ $011 = $1100 Color Copies 20 each @ $233 = $4660 $1,06285 Grand Total $12,50585 Prepared By Date Contract Number: Vendor: Sub�ect: Department: File Class: Begin Date: End Date: Review Date: Vault Date: 5181 EXELTECH CONSULTING, INC. PSA - Anderson Cove Low Impact Development Engineering LEG 12-1 10/1/2012 I1/30/2012 2014 Comments : PROFESSIONAL SERVICES AGREEMENT ANDERSON COVE LOW IMPACT DEVELOPMENT City Project #827 The Crty of Bremerton ("Crty") and Exeltech Consulting Inc ,("Consultant"), referred to collectively as the "Parties," enter into the followmg Agreement for professional services I. Scope: The Consultant agrees to perform the services more specifically described m the Scope of Work, dated September, 2012, includmg any attachments thereto , attached hereto as Exhibrt A, which is incorporated by reference herein The Scope of Work may be modified only pursuant to Section VII G of this Agreement If the Scope of Work provides for unspecified addrtional services such services shall only be performed upon the express written request of the Crty Consultant further represents that the services furnished under this Agreement will be performed m accordance with generally accepted professional practices m effect at the time such services are performed II. Term: The Crty and the Consultant agree that work will begin on the tasks described m Exhibrt A immediately upon execution of this Agreement The parties agree that the work described m Exhibrt A is to be completed as provided for m the work schedule attached hereto in Exhibrt A, provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for m section IX (A) of this agreement III. Compensation: In consideration of the services provided pursuant to this Agreement, the Crty shall pay Consultant in an amount not to exceed$24,909 55 Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibrt B and mcorporated herem by this reference The Consultant shall submit regular billing statements detailmg work performed and amount charged on each task or portion thereof The descriptions shall conform to and fall withm the categories set out in the Scope of Work and/or Fee Schedule Upon receipt of a conformmg billing statement, the City shall promptly process payment PROVIDED, HOWEVER, the Crty reserves the nght to priorrtize scoped work and accelerate and/or delay work tasks under the time frame set forth m Section II herein The Consultant's labor rates and billing fees shall be as delineated in Exhibrt B Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be m accordance with Exhibit C If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance Such withholding does not relieve Consultant of rts obligations under this Agreement Bremerton/Exeltech Anderson Cove LID Page 1 of 6 IV. Relationship of Part�es: Consultant represents that rt is skilled in the matters addressed m the Scope of Work and is performing mdependent functions and responsibilities within its field of expertise Consultant and its personnel are mdependent Consultants and not employees of the Crty Consultant and rts personnel have no authority to bind the Crty or to control the Crty's employees and other Consultants None of the benefits provided by the Crty to rts employees, mcluding, but not limrted to, compensation, insurance, and unemployment msurance are available from the Crty to the employees, agents, representatives, or sub-Consultants of the Consultant Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants durmg the performance of this Agreement The City may, durmg the term of this Agreement, engage other mdependent Consultants to perform the same or similar work As an independent Consultant, Consultant is responsible for its own management The Crty's admmistration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or rts personnel As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform rts obligations under this Agreement These taxes and fees mclude but are not limrted to State industrial msurance, Busmess & Occupation, State professional licensing, and Crty business licensmg If any taxes or fees due the Crty have been declared delmquent, the City may withhold the delinquent amount, plus any additional charges arismg from the delinquency, from any payments due Consultant V. Indemnification: Consultant shall defend, mdemmfy and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, m�uries, damages, losses or surts, mcludmg all legal costs and attorney fees, to the extent arising out of or in connection wrth the negligent acts, errors or omissions in performance of this Agreement, except for that portion of the m�uries and damages caused by the City's sole negligence The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemmfication Should a court of competent �urisdiction determine that this Agreement is sub�ect to RCW 4 24 115, then, m the event of liability for damages arising out of bodily in�ury to persons or damages to property caused by or resultmg from the concurrent negligence of the Consultant and the Crty, rts officers, officials, employees, agents and volunteers, the Consultant's liabilrty hereunder shall be only to the extent of the Consultant's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER 1NDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS 1NDEMNIFICATION THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER The provisions of this section shall survive the expiration or termmation of this Agreement. Bremerton/Exeltech Anderson Cove LID Page 2 of 6 VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, msurance agamst claims for in�uries to persons or damage to property which may arise from or m connection wrth the performance of the work hereunder by the Consultant, rts agents, representatives, employees, sub-consultants or sub-Consultants Before begmmng work on the pro�ect described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencmg 1. Automobile Liability msurance with limits no less than $1,000,000 combmed smgle limit per accident for bodily in�ury and property damage, and 2. Commercial General Liability insurance written on an occurrence basis with limits no 3. C� less than $1,000,000 combmed single limit per occurrence and general aggregate for personal m�ury, bodily in�ury and property damage Coverage shall mclude but not be limited to blanket contractual, products/completed operations/broad form property damage, explosion, collapse and underground (XCU) if applicable, and employer's liabilrty, and Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate Professional Liab�lity insurance wrth limrts no less than $1,000,000 limrt per occurrence/claim Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant All required policies shall be provided on an "occurrence" basis except professional liabilrty insurance (if required), which may be provided on a"claims-made" basis The City shall be named as an additional msured on the Commercial General Liability msurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional msured shall be attached to the Certificate of Insurance The Crty reserves the right to receive a certified copy of all the required insurance policies and endorsements The City further reserves the right to re�ect any unacceptable policies and/or endorsements The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or surt is brought, except wrth respects to the limrts of the insurer's liabilrty The Consultant's insurance shall be primary msurance as respects the City and it shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473- 5161, or by certified mail, return receipt requested to Crty of Bremerton, attn Risk Management, 345 6�' Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement Bremerton/Exeltech Anderson Cove LID Page 3 of 6 The City also reserves its unqualified right to require at any time and for any reason, proof of coverage m the form of a duplicate of the insurance policy wrth all endorsements as evidence of coverage VII. General Conditions: A Reports and Information When requested by the Crty, Consultant shall furnish periodic reports and documents on matters covered by this Agreement The reports and documents shall be furnished m the time and form requested Consultant shall mamtain accountmg records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts B Ownershtp and Use of Records and Documents Origmal documents, drawings, designs and reports, includmg those in electromc format, developed under this Agreement are the property of the City All written information submitted by the City to the Consultant m connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like mformation relatmg to rts own business If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibilrty for its disclosure, inadvertent or otherwise All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Lacey, Washington Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of edrting, modifying and updating as necessary until such time as the Crty is capable of storing such mformation in the City's offices Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost All documents, includmg all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are mstruments of service with respect to the pro�ect and are the property of the City Any reuse by the City for other than the specific purpose mtended will be at City's sole risk C Work Performed at Consultant's Risk Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection wrth the work D Place of Work The Consultant shall perform the work authorized under this Agreement at rts offices in Lacey, Waslungton Meetings wrth the Crty staff as described in Exhibrt A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties Bremerton/Exeltech Anderson Cove LID Page 4 of 6 E Entire Agreement This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement F Severabilrtv Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect G Modification This Agreement may only be modified by wntten instrument signed by both Parties H Written Notices All commumcations regardmg this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified m wrrting Crty Address 3027 Olympus Drive Bremerton, WA 98310 Consultant Address 8729 Commerce Place Drive NE Lacey, Wa 98516 I Waiver Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provtsion Waiver of any right or power arismg out of this Agreement shall not be deemed waiver of any other right or power J Non-Waiver of Breach The failure of the Crty to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herem conferred in one or more mstances shall not be construed to be a waiver or relmquishment of said covenants, agreements or options, and the same shall be and remain m full force and effect K Compliance with Laws Consultant shall comply wrth all applicable Federal, State, and local laws m performing its obligations under this Agreement L Choice of Law and Venue This Agreement shall be interpreted according to the laws of the State of Washmgton Any �udicial action to resolve disputes arismg out of this Agreement shall be brought m Kitsap County Superior Court M Attornevs' Fees In the event of lirigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees N Assi nment Any assignment of this agreement by the Contractor wrthout the written consent of the City shall be void VIII. Nondiscrimination: Consultant shall not discrimmate m employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexuai onentation except for employment actions based on bona fide occupational qualification Bremerton/Exeltech Anderson Cove LID Page 5 of 6 IX. Termination: This Agreement shall remain m force until completion and acceptance of the services, termmated by wntten mstrument upon mutual consent, or by the Crty of Bremerton for convemence This Agreement may be immediately termmated for cause by a Party if the other Party substantially fails to perform through no fault of the termmating Party, and the non- performing Party does not commence conection of the failure of performance within thirty (30) days of the termmating Party's sendmg notice to the non-performing Party Any Notice by Consultant shall mclude a report showing the status of all items listed in the Scope of Work current through the termination date If the City receives reimbursement by any federal, state, or other source for work descnbed in Section I herein, and that fundmg is withdrawn, reduced or limrted in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and pnor to the complerion of the work, the City may summarily terminate this Agreement A Excusable Delavs The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to 1) any acts of the federal government in controllmg, restncting, or requisitioning materials, equipment, tools, or labor by reason of waz, national defense, or other national emergency, 2) any acts of the City, its consultants, or other public agencies causing such delay, and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, mcluding, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the Crty within ten (10) calendar days in writmg of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completmg the work for a penod of time commensurate with the penod of excusable delay B Ri hts U on Termmation In the event of termination, the Ctty shatl pay for all services performed by the Consultant to the effective date of termmation, as described on a final mvoice submitted to the City After termination, the City may take possession of all records and data within the Consultant's possession pertammg to this proJect which may be used by the Crty without restriction Any such use not related to the pro�ect which Consultant was contracted to perform shail be without liability or legal exposure to the Consultant CITY OF BREMERTON � By: Chal Martm P.E rts Pubhc Works and Utilrties Director Date. �0 ( CONSULT By-�� -f ��s �, J- ku.�t,c.w 1{ G— 1tS /'{ S j,�,P.{�1 '�" Date �1� �g� �),� Approved as to form —� � �� Bremerton City Attorney Attest. erk Bremerton/Exeltech Anderson Cove LID Page 6 of 6 Exhibit A Scope of Services City of Bremerton Anderson Cove Low Impact Development— Drainage Study and Design Phase 1 September, 2012 Prepared by: Exeltech Consulting, Inc 8729 Commerce PI Dr NE, Suite A Lacey, WA 98516 =a � x � I � �; c, �� City of Bremerton Exeftech Consulting, Inc Anderson Cove Low Impact Development — Dramage Study and Design - Phase 1 Scope of Seroices TABLE OF CONTENTS INTRODUCTION ...............................................................................................................2 PROJECT DESCRIPTION .................................................................. .............................2 ASSUMPTIONS................................................................................................................2 SCOPE SERVICES .....................................................................................................3 1. PROJECT MANAGEMENT ...................................................................... ...............3 1.1 Project Meetings ............................................................................................3 1.2 Monthly Progress Reports ............................................................................3 2. DRAINAGE CONCEPTUAL DESIGN ....................................................... ................3 3. SURVEY MAPPING ...................................................................................................4 4. GEOTECHNICAL AND HYDROGEOLOGY ................................... ..........................4 4.1 Feasibility Study ............................................................................................4 4.2 Infiltration Design Recommendations .........................................................5 � City of Bremerton Exeltech Consultmg, Inc Anderson Cove Low Impact Development — Drainage Study and Design - Phase 1 Scope of Services INTRODUCTION The City of Bremerton (hereinafter "City") is the Contracting Agency for this scope of services Exeltech Consulting, Inc (hereinafter "Consultant") shall work under the City's Managing Engineer and, as directed by the City, shall provide engineering services on the Anderson Cove Low Impact Development- Drainage Study and Design Pro�ect (hereinafter "Pro�ect") to support the City in progressing the design to a 100% ready for construction PS&E PROJECT DESCRIPTION The City of Bremerton recently purchased property at Anderson Cove that is located between 19 Street, Taft Avenue, and the waterfront There is an existing City pump station on the ad�acent property The City has previously removed four residential buildings from the site The City wants to provide water quality treatment on this 0 6-acre site they acquired Currently, all the runoff from the 160 acre basin goes to Anderson Cove without any pre-treatment We understand the ultimate goai of the City is to convert this parcel into a site for public use Phase 1 of the pro�ect consists of survey, evaluation of different water quality treatment options and geotechnical research and pit evaluation Phase 2 of the pro�ect consists of completing the drainage design of the selected aiternative This Scope of Services is for Phase 1 of the Pro�ect The Pro�ect is funded with Department of Ecology Water Quality Enhancement pro�ect funds ASSUMPTIONS 1 Design standards to be used include the following — versions of which are in place at time of contract execution • City of Bremerton Design Standards2005 Washington State Department of Ecology Stormwater Manual 2 Hazardous matenals will not be encountered on the Pro�ect site 3 The Pro�ect schedule from notice to proceed (NTP) to completion of Phase 1 will be October 2012 — December 2012 4 The City will perform environmental permitting 5 The Consultant wili use AutoCAD Land Desktop software (2009 Version) for plan preparation 6 The City will excavate the test pits and prepare the site for a pilot infiltration test(PIT) using their own equipment and resources The consultant will monitor and complete the PIT 7 The test pit explorations and PIT will be located in the field by the Consultant using Global Positioning System equipment 8 The City will be responsible for all pubiic involvement activ�ties 9 The City will provide utility location one-calls and utility potholing, as necessary City of Bremerton Exeltech Consulting, Inc Anderson Cove Low Impact Deveiopment — Drainage Study and Design - Phase 1 Scope of Services 10 All plans and documents will be based on English units of ineasurement 11 The City will make timely payment of invoices (within 30 days of approved invoice) 12 Pro�ect deliverables will be in hard copy and electronic format (excluding invoices and supportmg documents, which will be delivered in hard copy format only) 13 All City directed activities, above and beyond the scope of services will require written confirmation from the City's Pro�ect Manager or designee 14 The City will have timely review of submitted documents SCOPE OF SERVICES 1 PROJECT MANAGEMENT The Consultant shall provide overall pro�ect management and documentation of work progress, including coordinafing the work products of the design team that are cntical to the overall design effort The Consultant will proactively communicate and document changes that anse with the City's agreement 1.1 Pro�ect Meetings It is anticipated that the Consultant will participate in two (2) pro�ect meetings with the City at the City's offices, including a field recon with the City staff, and a schematic design alternatives meeting Other pro�ect meetings will be held via conference call 1 2 Monthly Progress Reports The Consultant will prepare monthly progress reports which will include a summary of work completed and the financial status of pro�ect budget Del�verable(s) 1 Monthly Progress Report 2 Monthly Invoices 2 DRAINAGE CONCEPTUAL DESIGN The Consultant will develop and evaluate up to four (4) conceptual Water Quality treatment options The evaluation will include a conceptual level feasibility study, cost/benefit analysis, maintenance costs, and constructability The evaluation will follow the 2005 Department of Ecology Stormwater Design Manual The Consultant will define the design requirements and provide recommendations using DOE's Best Management Practices (BMP) A Drainage Design Alternatives Memo will be prepared per the required guidelines The evaluation will include detailed analysis, and calculations, for development of plan sheets After preparation of the analysis and Draft Memo, the Consultant will meet with the City to review and select one alternative to move forward to design (Phase 2) Deliverable(s) 1 Dramage Design Alternatives Memo — Draft and Final City of Bremerton Exeltech Consulting, Inc Anderson Cove Low Impact Development — Drainage Study and Design - Phase 1 Scope of Services 6 3 SURVEY MAPPING The Consultant shall provide topography for the pro�ect area, as follows • Prepare a base map of tax lots 112401-3-076-2007 and 112401-3-901-2008, including ad�oining streets to the opposite edge of asphalt • Show all boundaries and easements � Show contours at 2' intervals on City datum u • Show utilities based upon visible evidence and paint markings by Utilities - - - - - Underground Location - - - - - - - - - - - - - • Show all existing improvements on site • Show tops and toes of bank to waterfront • Tie and show any flags or markings by others • Show all trees with sizes and type Del�verable(s) , 1 Hard copy prints and AutoCAD files 4. GEOTECHNICAL AND HYDROGEOLOGY The Consultant will provide geotechnical and hydrogeologic services for the Pro�ect 41 Feasibility Study The Consultant will identify the feasibility for an infiltration system at the site This will include • Conducting a geologic reconnaissance of the site • Observing and logging up to three (3) test pit subsurface explorations performed by the City If groundwater is observed within 5 feet below existing grade (or 3 feet below existing grade if an overFlow and/or bypass system is being considered), then work at the site will cease Soil samples collected during the explorations will be transported to the Consultant's laboratory and 9 visual classifications and 6 moisture content determinations will be performed to classify the soils A geotechnical letter will be produced documenting the subsurface explorations and mclude the laboratory test results a City of Bremerton Exeltech Consulting, Inc Anderson Cove Low Impact Development — Drainage Study and Design - Phase 1 Scope of Services 4.2 Infiltration Design Recommendations If groundwater is observed at a depth of at least 5 feet below existing grade (or at a depth of at least 3 feet below existing grade if an overflow and/or bypass system is being considered), then the Consultant will proceed with the City's approval The Consultant will observe and log 1 PIT, as performed by the City The Consultant anticipates making one site visit to perform the geologic reconnaissance and to observe the explorations and PIT The Consultant will develop preliminary infiltration design recommendations based on the subsurface information observed, a review of readily available existing soils and geotechnical data in the pro�ect area, and from evaluating the PIT results Existing soils data shall be obtained from the Consultant's in house files and from information provided by the City - - - - - - - - - - - — - - - - After developing preliminary �nfdtration design recommendations, a conference call will be held with the pro�ect team to discuss the design direction for the Pro�ect Further work will be performed after design direction is determined Deliverable(s) 1 Geotechnical Letter –(Final) consisting of 3 paper copies and 1 electronic copy (PDF) Schedule NTP – September 28' 2012 Survey/Base mapping (City to provide existing Site info) – October 8 2012 Site Visit/Infiltration Testing (City to provide samples of fiff soils) – October 91 2012 Evaluate Options – October 26 2012 Prepare Draft Memo – November 2" 2012 Submit Final Memo to City – November 16 2012 ExN�3�T 1� C�ty of Bremerton Anderson Cove Waterfront Park — Drainage Study and Des�gn - Phase 1 Consultant Agreement Estimate (Summary of Cost Per Consultant) ,, __ f, _ _�-1 C�ty of Bremerton Anderson Cove Waterfront Park — Dramage Study and Design - Phase 1 Consultant Agreement Estimate (Hours Sheet) Exeltech Labor Hours AES Survey Shannon & Wdson � `o � T O d C C � 7 � � N �6 O y O C °i u � 'O S � c � e�o � A C N � d L C t J � d V+ � L N � C F��- i` w C J � d O C W C 3 O N — u W p N x y� � W m m .v d y � t= U a � U c � � U� « Q a o � o � o c u� o Q o � o � ` `° � y E � o = E R s `° Task m a` in �° ° a a o` o ° y a �' a � ° o� o >..z'; �, ° ..� . .. „ � ` "a"� " S�I", !� � > '�.� �°� "� � e ., �`^ + ,c ,� #'.s�;a � E .� ;� �� �'<'� ��- a3ri yr�Sn ��'"'�.. r�".- �tY. �� e 1'�--,:a �� �� �'t+'�,�" 1 PROJECT MANAGEMENT 1 1 Pro ect Meetin s 8 $ �6 16 1 2 Monthl Pro ress Re arts � Z 3 3 2 DRAINAGE CONCEPTUAL DESIGN � 60 4 82 82 3 SURVEY MAPPiNG 2 8 9 19 19 4 GEOTECHNICAL & HYDROGEOLOGY 41 Feasibili Stud Z 3 7 23 1 3 39 39 4 2 Inflltrat(on Dest n Recommendatlons 6 3 10 19 1 3 42 42 rN�- g ,�, ; � < k p s . � � � � � , - _ ° -� �� � F ; a�- `��;� z ;' ,� "TOTAL �21� 88 � � 2� ��� 101,° �=2 �'8,� �8�° ��°�' �,19` x�8,s� tt; z 6_"�"H17� �42 '2� >6� g81� 201 i — ------- -- � _(����� � Consultant Fee Determination - Summary Sheet Cost Plus Fixed Fee Anderson Cove Watertront Park — Drainage Study and Design Start Date City of Bremerton Task Description End Date Consultant Fee Determination Exeltech Pro�ect # Consuitant Exeltech Consulting, inc Code Classification Man Hours LABOR Hours Rate Dollars Sr Pro�ect Manager 27 x $175 00 = 4,725 00 Pro�ect Engineer 68 x $105 00 = 7,140 00 Sr CADD Technician 4 x $85 00 = 340 00 Administration 2 x $70 00 = 140 00 Total Hours 101 Total DSC = 12,345 00 Labor Escalation for'13 Escalated Total DSC Reimbursables Itemized Meals and Lodging Mileage Reproduction and Printing Postage and Supplies Ferry Reimbursables Total Exeltech Subtotal Subconsultant Costs (See Exhibit G) Grand Total % Increase % of Work 0 0 = 0 00 = 12,345 00 Quantity Units Rate each @ $200 00 40 each @ $0 510 copies @ $0 50 2 Est @ $20 00 4 Est @ $26 30 In Scope = 0 00 = 20 40 = 0 00 = 40 00 = 105 20 165 60 12,510 60 12,398 95 24,909 55 �n r:. l �G`�' J` Subconsultant Fee Determinat�on - Summary Sheet Anderson Cove Waterfront Park — Drainage Study and Des�gn Start Date C�ty of Bremerton Task Description Survey End Date Subconsultant Fee Determination Exeltech Pro�ect # Subconsultant AES Survey Classfication Hours Labor Rate Dollars Professional Land Surveyor 2 x $150 00 = $300 00 Field Crew 8 x $165 00 = $1,320 00 Drafter 9 x $90 00 = $810 00 0 x Total Hours 19 Total Direct Labor Cost = $2,430 00 % Increase % of Work - - Labor Escalation for'13 - - 0 - - — - 0 - _ - - - - -$0 00 - - - - - - Escalated Labor Cost $0 00 Reimbursabies Itemized Mdeage Parking Fuel Surcharge Monumentation Reimbursables Total Grand Total Quantity 40 Umts Rate In Scope each @ $0 510 = $20 40 each @ $15 00 = $0 00 each @ $0 00 = $0 00 each @ $15 00 = $0 00 $20 40 $2,450 40 Prepared By Date ��_ _ . (+-1 aF S> Subconsultant Fee Determination - Summary Sheet Anderson Cove Waterfront Park - Dramage Study and Design Start Date City of Bremerton Task Description Geotechrncal End Date Subconsultant Fee Determmation Exeltech Pro�ect # Subconsuitant Shannon & Wdson Classif�caUon Hours Labor Rate Dollars Vice President 8 x $225 00 = $1,800 00 Associate 0 x $155 00 = $0 00 Pnnapal Professional 6 x $135 00 = $810 00 Sernor Professiona� 17 x $108 00 = $1,836 00 Professional IV 42 x $100 00 = $4,200 00 Senior Drafter 2 x $95 00 = $190 00 Admin 6 x $85 00 = $510 00 Total Hours 81 - - - - — - - - - Total Direct Labor Cost = - $9,346 00 - - - Labor Escalation for'13 Reimbursables Itemized Global Positionmg Sys Misc Field Supplies Ferry Mdeage Jars Sample Receivmg/Har Visuai Classification of Moisture Content of N� Digdal Copy B&W Copies Color Copies Water Level Indicator Pressure Transducer v Quantity 1 1 1 15 3 3 9 6 1 100 20 1 1 Grand Total Prepared By % Increase % of Work 0 0 Escalated Labor Cost Units each each each each each each each each each each each each each @ @ @ @ @ @ @ @ @ @ @ @ @ _ $0 00 $0 00 Rate In Scope $85 000 = $85 00 $25 00 = $25 00 $26 30 = $26 30 $0 51 = $7 65 $25 000 = $75 00 $7 00 = $21 00 $15 00 = $135 00 $15 00 = $90 00 $5 00 = $5 00 $0 11 = $11 00 $2 33 = $46 60 $15 00 = $15 00 $60 00 = $60 00 $602 55 $9,948 55 Date D,., c � c��r' � / 51 (0-1 a.r,t d 518- 1 ACORO CERTIFICATE OF LIABILITY INSURANCE DATE M/DD/YYYY) 06/29/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. 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