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HomeMy WebLinkAbout5455Contract Number: 5455 Vendor: COSMOPOLITAN MARINE ENGINEERING Subject: PSA -Sediment Sampling Analysis & CSO Post Construction Monitoring Report Department: WWTP File Class: LEG 12-1 Begin Date: 2/19/2015 End Date: Review Date: 1/1/2016 Vault Date: Comments: PROFESSIONAL SERVICES AGREEMENT Sediment Sampling and Analysis & CSO Post Construction Monitoring Report The City of Bremerton ("City") and Cosmopolitan Marine Engineering ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated February 17, 2015, attached hereto as Exhibit 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 additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit A; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IX.A of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $113,778. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit A and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. 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. 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 its obligations under this Agreement. Bremerton/Cosmopolitan Marine Engineering Sediment Sampling and Analysis & CSO Post Construction Monitoring Report Page 1 of 7 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City 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 during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with Consultant's performance of this Agreement, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant's services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability 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 INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY Bremerton/Cosmopolitan Marine Engineering Sediment Sampling and Analysis & CSO Post Construction Monitoring Report Page 2 of 7 FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub -consultants or sub -Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operationsibroad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability; and 3. Professional Liability insurance with limits no less than $1,000,000 limit 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 liability insurance (if required), which may be provided on a "claims -made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance 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 insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject 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 suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary insurance 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 City of Bremerton, attn: Risk Management, 345 60' Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension Bremerton/Cosmopolitan Marine Engineering Sediment Sampling and Analysis & CSO Post Construction Monitoring Report Page 3 of 7 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. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in 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 information relating to its 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 responsibility 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 Gig Harbor, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information 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, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. 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 Bremerton/Cosmopolitan Marine Engineering Sediment Sampling and Analysis & CSO Post Construction Monitoring Report Page 4 of 7 of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Gig Harbor, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. 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. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding 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 in writing. City Address Consultant Address Pat J Coxon Cosmopolitan Marine Engineering -Bill Fox, P.E. 1600 Oyster Bay Ave. S P.O. Box 623 Bremerton, WA 98312 Gig Harbor, WA 98335 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non -Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. Bremerton/Cosmopolitan Marine Engineering Sediment Sampling and Analysis & CSO Post Construction Monitoring Report Page 5 of 7 N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include 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 described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delays: 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 controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, 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, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing 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 completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. Bremerton/Cosmopolitan Marine Engineering Sediment Sampling and Analysis & CSO Post Construction Monitoring Report Page 6of7 X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. CITY OF BREMERTON By: Patty Le t its: Mayor, City of Bremerton Date: ?--/ 9— /S Approved as to form: �Br erton City Attor R:\LegalU.egal\Contracts\FORMSTmfessional Services Agreement Form (2014).doc Bremerton/Cosmopolitan Marine Engineering Sediment Sampling and Analysis & CSO Post Construction Monitoring Report Page 7 of 7 CONSULTANT W-dQ By: William P. Fox, P.E. its: Principal Date: / 7 201 est: >ty Clerk EXHIBIT A City of Bremerton Sediment Sampling and Analysis and CSO Post Construction Monitoring Report Scope of Work, Schedule, and Cost Proposal ;Introduction/Purpose_ The City of Bremerton operates wastewater conveyance and treatment facilities that include CSO and treated wastewater discharges to Sinclair Inlet, Port Washington Narrows and Dyes Inlet. NPDES Permit No. WA0029289 issued to the City on June 21, 2013 includes the following requirements: • S l O.A requires a Sediment Sampling and Analysis Plan (SSAP) to be submitted to Ecology by October 1, 2014 for review and approval. Following Ecology approval of the Plan, which was received November 14, 2014, S 10.13 requires the City to implement the plan and submit the results with the next permit renewal application February 1, 2018. S I l .D.d requires a CSO Post Construction Monitoring Plan (PCMP) to be submitted to Ecology by October 1, 2014 for review and approval, which was also received November 14, 2014. S I I .D.e requires the Post Construction Monitoring Report be submitted with the next permit renewal application February 1, 2018. The purpose of the scope of work described herein is to satisfy in full the requirements of the two NPDES Permit studies and report submittals described above, in accordance with the approved plans. The sediment monitoring study plan has also been reviewed by Department of Natural Resources (DNR) for proposed aquatic lands easements for the outfalls. The sediment monitoring results report will be submitted to DNR. :Task 1— Field Sampling Mobilization _-------- _.___ Schedule: Prior to field sampling in 2015 Approach: • Laboratory coordination to obtain appropriate containers and communicate the scheduling of the analyses needed from the associated laboratories. • Obtaining, preparation, and cleaning field equipment needed in sampling event. • Coordination and mobilization of research vessel and sampling equipment contractor. City of'Bremerton Exhibit A I February 17, 2015 ;Task 2 —Field Sampling Schedule: Summer -Fall of 2015 Purpose: The extent of this task is to collect sediment samples for all nineteen required sampling locations specified in the approved SSAP. Enough sediment will be collected for analyses of the 47 Sediment Management Standards chemicals, dioxin and furan, and conventional sediment variables. Approach: • Sediment samples will be collected at nineteen locations listed in the approved SSAP. • Discrete sampling of sediments to be performed by CME. Vessel support will also be provided by CME. • The primary method of sample collection will be by Ponar 0.05 m2 sampler. • There is a potential for hard sediments to preclude sampling by the Ponar grab. The contingency plan will be for a diver to retrieve sediment samples by hand. • Field sampling includes sampling sediments for the chemical analysis only (no bioassays). • Samples for chemical analyses will be shipped to ALS Environmental in Kelso. Task 3 — Laboratory Analyses Schedule: Draft results 4 weeks following Field Sampling Purpose: To measure chemical concentration results and ensure that quality control is being used for laboratory analyses. The results from the 47 SMS chemicals will be examined in order to assess compliance with the SMS chemicals. Approach: • Nineteen sediment samples will have the 47 SMS chemicals, dioxin and furan, and conventional sediment variable analyses. • CME will analyze the laboratory findings to determine if sediment samples exceed any of the 47 SMS chemicals or published dioxin action levels. • Cosmopolitan Engineering Group will communicate with laboratories that tests are run though established QA/QC procedures. City of Bremerton Exhibit A 2 February 17, 2015 Assumptions: • ALS Environmental is the anticipated lab that will be contracted for this work. • Sediment bioassays will not be required. — -- -- -- - -- - --- -- --- -- -- ._._. __..__....... ------ ------ Task 4 — Sediment Monitoring Report L.... ....-_ _-.___-__.___. _.__-.__ ___-_-. ______.___-__-_ - _...___,_._ Schedule: Approximately one month after receipt of the laboratory results Purpose: To define sediment quality based on the chemistry laboratory data, and analyze and present conclusions. Approach: • Discuss background, previous sampling, and the field study. • Present all field and laboratory monitoring compliance. • Present formatted tables and results of the chemical analysis. • Present all initial, field and laboratory sediment monitoring compliance with SSAP protocols. • Present conclusion of the sediment chemistry analysis (i.e., whether the SMS criteria in WAC 173,204 are met). • Present the results of the conventional sediment results plus dioxin and furan. • Discuss potential for background sediment contamination. • If there are contamination issues, discuss other sources and recommendations. • Input the results into Ecology's Environmental Information Management System (EIM) database. Deliverables: • Draft sediment study report for Bremerton review in electronic format. • Draft sediment study report for DNR and Ecology in electronic format. • Submission of the results into Ecology's EIM database. • 2 hard copies of stamped and signed final report (including electronic format). City of Bremerton Exhibit A 3 February 17, 2015 - -- _._.... _.............._...._.._ .. _.._._.._........ .--..._._..._..- 'Task 5 — Post Construction Monitoring Report Schedule: Following completion of the Sediment Monitoring Report and prior to submission of the NPDES permit renewal October 1, 2018 Purpose: To assess CSO program effectiveness as specified in the approved PCMP. Assumptions: • City of Bremerton will conduct monitoring of treated and untreated CSO events as specified in Section 3.1 and 3.2.1 of the approved PCMP, including preparation of Annual CSO reports and NPDES DMR submittals. • This scope of work will satisfy the ambient monitoring assessments and studies specified in Section 3.2.2 pf the approved PCMP. Approach: • Assemble available ambient water quality data from existing sources. • Verify existing mixing zone study for the East Plant as cited in the NPDES Permit Fact Sheet, and update dilution factors as necessary. • Conduct "reasonable potential analysis" for East Plant based on effluent data from DMRs and CSO Annual Reports, and available ambient water quality data. • Present summary of sediment sampling results and conclusions. • Provide conclusory statements regarding compliance or non-compliance with PCMP requirements Deliverables: • Draft Post Construction Monitoring report for Bremerton review in electronic format. • Draft report for Ecology in electronic format. • 2 hard copies of stamped and signed final report (including electronic format). City of Bremerton Exhibit A 4 February 17, 2015 - '------'---------------------------'----------- '—1 Cost Proposal This proposal is based oDlump mnzucosts per task according tothe following schedule: Task Description Cost 1. Field Sampling Mobilization $8,571 2. Field Sampling $22,240 3. Laboratory Analyses $35,853 4. Sediment Monitoring Report $19,284 5. Post Construction Monitoring Report $27,830 Project Total $113,778 QvvfBmmxrtonExhibit A 5 February /7,20/5 SUBJECT: Change Order No. 2 to the Professional Services Agreement with Cosmopolitan Marine Engineering for Sediment Sampling & Analysis and Combined Sewer Overflow Post - Construction Monitoring Report AGENDA BILL CITY OF BREMERTON CITY COUNCIL Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: 5E March 28, 2018 April 4, 2018 PW&U / WWTP Rick Zimburean (360) 473-5449 SUMMARY: In February 2015, the City entered into a professional services agreement with Cosmopolitan Marine Engineering for sediment sampling & analysis and a CSO Post Construction Monitoring Report in the amount of $113, 778. In June 2015, the first change order in the amount of $4,780 was executed. The CSO Post Construction Monitoring Report has been completed. There is still supplemental engineering services needed to work through the critical issues with the sediment sampling and analysis with WA Dept. of Ecology ("DOE"). Cosmopolitan Marine Engineering will also review the upcoming draft NPDES Permit in regards to the proposed supplemental sediment sampling requirements. The proposed Change Order No. 2 to this PSA would be in the amount of $27,770. ATTACHMENTS: 1) Current PSA, 2) Change Order No. 2, 3) Proposal from Cosmopolitan Marine Engineering FISCAL IMPACTS (Include Budgeted Amount): This is budgeted through the WWTP Professional Services budget of $200,000. STUDY SESSION AGENDA: ® Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ® Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Change Order No. 2 to the Professional Services Agreement with Cosmopolitan Marine Engineering in the amount of $27,770; and authorize the Mayor to finalize and execute the Change Order as presented. COUNCIL ACTION: [Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 CITY OF BREMERTON CHANGE ORDER CONTRACT CHANGE ORDER NO: TWO PROJECT NAME: Sediment Sampling & Analysis & CSO Post Construction Monitoring Report. PROJECT NO: 5455 CONTRACTOR: Cosmopolitan Marine Engineering ORIGINAL CONTRACT AMOUNT: PREVIOUSLY APPROVED CHANGES: THIS CHANGE: REVISED CONTRACT AMOUNT: 113, 778.00 DAYS: 360 780.00 DAYS: 5 770.00 DAYS: 365 146,328.00 DAYS, 730 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items. The increase or decrease in contract price shown below includes any applicable taxes. DESCRIPTION OF CHANGES INCREASE IN (DECREASE) IN CONTRACT o CONTRACT CONTRACT TIME AMOUNT AMOUNT EXTENSION (DAYS:) Contractor acknowledges and accepts that this Change Order constitutes final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Change Order, including, without limitation, claims related to contract time, on-site or home office X Work Change Directive #2 — $27,770.00 365 • Review recent Ecology correspondence regarding 2015 sediment sampling results; NPDES permit renewal and potential future sampling requirements. • Review Navy status and data reports on PSNS Complex Superfund Site, Operable Unit B — Marine. • Prepare for and participate in up to 2 meetings with Ecology on subject topics. • Review and comment on Draft NPDES Permit relative to subject topics. • Amend data report for 2015 sediment sampling per Ecology's Sharon Brown's comments, dated 02/15/2018. NET CHANGE IN CONTRACT AMOUNT $27,770.00 365 INCREASE OR (DECREASE) ESTIMATED SALES TAX AT 9.0% $0.00 TOTAL INCLUDING SALES TAX $0.00 365 Contractor acknowledges and accepts that this Change Order constitutes final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Change Order, including, without limitation, claims related to contract time, on-site or home office CONTRACT CHANGE ORDER NO: 2 PROJECT NAME: Sediment Sampling and Analysis & CSO Post Construction Monitoring Report overhead, or lost profits. Nothing in this Change Order shall limit the City's right to bring a claim for past performance. The undersigned Contractor approves the foregoing Change Order 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 Change Order. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Change Order 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 change order that is binding on the parties of this contract. In addition, Contractor 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. CONTRACTOR — Cosmopolitan Marine Engineering —Bill Fox Approved: DATE: 03/07/2018 PROJECT MANAGER — Pat Coxon Recommended: DATE: V3107 12v IF Council action is required as project cost will exceed approved budget. X Yes ❑ No Council action is required as change exceeds Mayors authority per BMC 2.76.110. X Yes ❑ No DIRECTOR OF PUBLIC WORKS AND UTILITIES — Chal Martin Recommended: DATE. MAYOR — Greg Wheeler A roved: W DATE: y I 17-11S APPROVED AS TO FORM: ATTEST: Page 2 of 3 PROJECT NAME: Sediment Sampling and Analysis & CSO Post Construction Monitoring Report Bremerton City Att Page 3 of 3 CONTRACT CHANGE ORDER NO: 2 City Clerk