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HomeMy WebLinkAbout1 - Original Submission_ Contract Modification Agreement No. 2 with Anchor QEA LLC_revPage 1 of 2 Contract Modification Agreement No. 2 Westside Wastewater Treatment Plant Outfall Sediment Sampling and Study Plan CONTRACT MODIFICATION AGREEMENT NO. 2 to CITY CONTRACT NO. 5894 BETWEEN THE CITY OF BREMERTON AND ANCHOR QEA, LLC PROJECT: Westside Wastewater Treatment Plant Outfall Sediment Sampling and Study Plan CONSULTANT: ANCHOR QEA, LLC DATE: February 8, 2021 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE PROFESSIONAL SERVICES AGREEMENT (the "Contract") entered between the City of Bremerton and Anchor QEA, LLC. on December 7, 2018 and as modified on June 18, 2020 on Contract Modification No. 1. 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: I. Section I. Scope , is modified as follows: See attached Exhibit A. Section II.Term , is modified as follows: The Consultant shall complete the work described in this Contract Modification Agreement No. 2 by March 1, 2022. Section III. Compensation , is modified as follows: The original contract amount was $ 89,000.00. Contract Modification No. 1 increased the contract amount by $25,502, resulting in a revised contract amount of $114,502. Contract Modification No. 2 increases the contract by $42,550, for a total amended contract of $157,052, including this Contract Modification. See Exhibit B for breakdown of compensation. 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, 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. DocuSign Envelope ID: 68AC2C76-525B-427F-9854-AD8822B46ACE Page 2 of 2 Contract Modification Agreement No. 2 Westside Wastewater Treatment Plant Outfall Sediment Sampling and Study Plan 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 _________________________ (Initials and Date) ANCHOR QEA, LLC By: Print Name: Its: Date: APPROVED AS TO FORM: By: ROGER A. LUBOVICH, Bremerton City Attorney NOTICES TO BE SENT TO: Ryan Barth Anchor QEA, LLC 1201 3rd Avenue, Suite 2600 Seattle, WA 98101 THE CITY OF BREMERTON By: Print Name: Its: Date: ATTEST: By: ANGELA HOOVER, City Clerk NOTICES TO BE SENT TO: City Clerk City o f Bremerton 345 6th Street, Suite 100 Bremerton, WA 98337-1891 R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev. 10 2019.docx Ryan Barth Member DocuSign Envelope ID: 68AC2C76-525B-427F-9854-AD8822B46ACE 3/5/2021 3/5/2021 Mayor 3/15/2021 Greg Wheeler Exhibit A: Scope of Work for Contract Modification No. 2 page 1 of 2 Exhibit A Scope of Work Amendment No. 2 for Anchor QEA Services Supporting the City of Bremerton West Plant Outfall National Pollutant Discharge Elimination System Permit Compliance This Scope of Work (SOW) Amendment No. 2 dated February 5, 2021, summarizes Anchor QEA’s proposed technical services to support the City of Bremerton’s (City’s) compliance with the Washington State Department of Ecology (Ecology) National Pollutant Discharge Elimination System (NPDES) Waste Discharge Permit (Permit; No. WA0029289) sediment sampling requirements for the West Plant Outfall (WPO). The City previously approved Anchor QEA’s initial SOW dated November 1, 2018, and SOW Amendment No. 1 dated June 18, 2020. Following appro val of the initial SOW, Anchor QEA designed a particulate extraction system and conducted a pilot test and two full-scale sampling events in October and December 2019, respectively. Anchor QEA and the City met with Ecology and presented the results of the particulate extraction sampling . Ecology requested that the City submit a memorandum describing the particulate extraction results and path forward compliance recommendations, and to further coordinate with Ecology to address any review comments. Anchor QEA submitted a memorandum to Ecology on November 13, 2020, with the subject line: “Revised City of Bremerton West Plant Outfall NPDES Permit Tier 1 Results Summary and Path Forward Compliance Recommendations.” This memorandum summarized the Tier 1 sampling results (obtained using the particulate extraction method) and provided next-step recommendations . Ecology subsequently provided comments on the M emorandum in a letter dated December 23, 2020. The comments required that the City revise the Memorandum to address the requested Ecology text revisions and resubmit a redline and clean electronic version of the M emorandum for Ecology’s final review. Ecology’s comments also required that the City submit a Sediment Monitoring Plan (Plan) that includes sediment sampling and analysis from multiple stations located adjacent to the WPO discharge location. The City and Anchor QEA held conference calls on January 22 and February 1, 2021, to discuss the next steps based on the Ecology comments. It was agreed that Anchor QEA would submit this SOW to complete additional compliance services to comply with the Ecology comments. The remainder of this SOW details the agreed upon services and associated requested budget. Task 1 – Sediment Monitoring Plan and Associated Ecology Negotiations This task includes completion of the necessary revisions to the Memorandum to address Ecology’s comments in their letter dated December 23, 2020, and development of a Draft and Final Sediment DocuSign Envelope ID: 68AC2C76-525B-427F-9854-AD8822B46ACE Exhibit A: Scope of Work for Contract Modification No. 2 page 2 of 2 Monitoring Plan for submittal to Ecology. This SOW assumes the City will perform a single review of the Memorandum, Anchor QEA will address any comments prior to submittal to Ecology, and Ecology will approve the revised Memorandum without another round of responses to comments and associated revisions to the Memorandum. The Draft Plan will document the proposed process for sampling sediments adjacent to the WPO discharge location and performing Ecology’s required chemical analyses ; no sediment bioass ays will be performed. This SOW assumes the City will perform a single review of the Draft Plan, and Anchor QEA will address any comments prior to submittal to Ecology. This SOW also assumes that Anchor QEA and the City will have a single conference call to discuss Ecology’s comments, followed by a single conference call with Ecology to attempt to address their comments. If further action or extensive negotiations are required by Ecology to prepare the Final Plan, an additional SOW amendment will be required. Based on the outcome of the Ecology negotiations, Anchor QEA will develop a Final Plan that addresses their comments . This SOW assumes the City will perform a single review of the Final Plan and Anchor QEA will address any comments prior to submittal to Ecology. This SOW includes minor additional discussions with the City and Ecology based on any comments received on the Final Plan, but it does not include revisions to the document and resubmittal to Ecology. The total budgeted cost for Task 1 is identified in the following section in accordance with Anchor QEA’s current rate schedule (Exhibit B). If further Anchor QEA services are required by Ecology beyond those identified in this task description, an additional SOW amendment will be required with an associated additional budget request. Estimated Cost Table 1 presents the estimated cost for Task 1. A budget spreadsheet is provided in Exhibit B. If during the course of the work , Anchor QEA determines that the level of effort assumed for Task 1 is insufficient, we will contact the City to discuss prioritization of the work and determine what additional authorizations are required. Services will be performed on a time-and -materials basis not to exceed the identified budget without prior written authorization. Table 1 Estimated Costs Task Description Cost ($) Task 1 Sediment Monitoring Plan and Associated Ecology Negotiations 35,050 Task 2 Management Reserve* 7,500 Total 42,550 *Management Reserve may only be used upon written authorization by City staff. DocuSign Envelope ID: 68AC2C76-525B-427F-9854-AD8822B46ACE Anchor QEA, LLC 2021 BILLING RATES Professional Level Hourly Rates Principal ................................................................................................................................................................................. $278 Senior Manager .................................................................................................................................................................. $246 Manager ................................................................................................................................................................................ $230 Senior Staff ........................................................................................................................................................................... $204 Staff 3 ..................................................................................................................................................................................... $179 Staff 2 ..................................................................................................................................................................................... $161 Staff 1 ..................................................................................................................................................................................... $136 Senior CAD1 Designer ...................................................................................................................................................... $141 CAD Designer ...................................................................................................................................................................... $118 Technician ............................................................................................................................................................................ $114 Senior Technical Editor .................................................................................................................................................... $139 Technical Editor .................................................................................................................................................................. $118 Senior Project Coordinator ............................................................................................................................................ $134 Project Coordinator .......................................................................................................................................................... $110 Special Hourly Rates National expert consultant ............................................................................................................................................ $456 All work by a testifying expert .................................................................................1.5 times professional level rate EXPENSE BILLING RATES Expense Rates Computer Modeling (per hour) ................................................................................................................................ $10.00 Graphic Plots (varies with plot size) .................................................................................................................... $3-$6/sf Mileage (per mile) .................................................................................................................... Current Federal Standard FEE ON LABOR AND EXPENSE CHARGES Subcontracts/subconsultants ......................................................................................................................................... 10% Travel and other direct costs .......................................................................................................................................... 10% Field equipment and supplies ........................................................................................................................................ 10% This is a company confidential document. 1 CAD: Computer Aided Design Expert Advisor......................................................................................................................................................................$350 Exhibit B: Compensation for Contract Modification 2 DocuSign Envelope ID: 68AC2C76-525B-427F-9854-AD8822B46ACE Exhibit B. Cost Spreadsheet Contract Modification No. 2 with Anchor QEA for Bremerton West Plant Outfall NPDES Permit Compliance Labor Categories Billing Rate Hours Budget Task 1: Sediment Management Plan and Associated Ecology Negotiations Principal 278$ 20 5,560$ Senior Manager 246$ 32 7,872$ Senior Staff 204$ 90 18,360$ Senior CAD Designer 137$ 10 1,370$ Project Coordinator/Technical Editor 118$ 16 1,888$ Subtotal, Task 1 ----35,050$ Task 2: Management Reserve ----7,500$ TOTAL, Contract Modification No. 2 42,550$ DocuSign Envelope ID: 68AC2C76-525B-427F-9854-AD8822B46ACE ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 10/7/2020 License # 0C36861 25666 Anchor QEA, LLC 1201 3rd Ave., Suite 2600 Seattle, WA 98101 25658 25674 00000 A 1,000,000 X X 680-004R022572 10/10/2020 10/10/2021 1,000,000 5,000 1,000,000 2,000,000 2,000,000 X CA #680-4R022246 1,000,000B BA-0R118959 10/10/2020 10/10/2021 1,000,000C CUP-004R044287 10/10/2020 10/10/2021 1,000,000 10,000 B UB-4R041906 10/10/2020 10/10/2021 1,000,000 N 1,000,000 1,000,000 D Prof/Pollution Liab W11053201101 10/10/2020 Each Claim 5,000,000 D Prof Liab/Ded $250k W11053201101 10/10/2020 10/10/2021 Aggregate 5,000,000 Additional insured status extended for General Liability as required by written contract and subject to policy terms and conditions for the city. Coverage is provided on a primary and non-contributory basis where required by written contract and subject to policy terms and conditions, with respects to General Liability. Waiver of Subrogation applies to General Liability where required by written contract and subject to policy terms and conditions. City of Bremerton Attn: Risk Management 345 6th Street, Suite 100 Bremerton, WA 98337 ANCHQEA-01 WJOHNDROW Seattle-Alliant Insurance Services, Inc. 1420 Fifth Ave 15th Floor Seattle, WA 98101 Melanie Kelly Melanie.Kelly@alliant.com Travelers Indemnity Company of America Travelers Indemnity Company Travelers Property Casualty Company of America Lloyd's Syndicate 2623 (Beazley Furlonge Limited) X 10/10/2021 X X X X X X X X DocuSign Envelope ID: 68AC2C76-525B-427F-9854-AD8822B46ACE Page 1 of 2 CG D3 81 0915 © 2015 The Travelers Indemnity Company. All rights reserved. Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1.The following is added to SECTION II - WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a.Only with respect to liability for "bodily injury", "property damage" or "personal injury": and b.If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c.With respect to the independent acts or omissions of such person or organization: or d.For "bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e.This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f.This insurance does not apply to the rendering of or failure to render any "professional services". g.In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section Ill - Limits Of Insurance. h.This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products- completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2.The following is added to Paragraph 4.a. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1)The "bodily injury" or "property damage" for which coverage is sought occurs: and (2)The "personal injury" for which coverage is sought arises out of an offense committed: after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. 10-10-2020 to 10-10-2021 DocuSign Envelope ID: 68AC2C76-525B-427F-9854-AD8822B46ACE Page 2 of 2 CG D3 81 0915 © 2015 The Travelers Indemnity Company. All rights reserved. Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY 3.The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4.The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a.After you have signed that written contract; b.While that part of the written contract is in effect; and c.Before the end of the policy period. DocuSign Envelope ID: 68AC2C76-525B-427F-9854-AD8822B46ACE