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HomeMy WebLinkAbout1 - Original Submission_ RFM Contract Modification 4; 315012Page 1 of 2 Contract Modification Rev. 09/2021 CONTRACT MODIFICATION AGREEMENT NO. 4 BETWEEN THE CITY OF BREMERTON AND RICE FERGUS MILLER INC. PROJECT Quincy Square on 4th Street; Project # 315012 CONSULTANT Rice Fergus Miller, Inc. DATE 8/30/2023 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE AGREEMENT (the "Contract") entered into between the City of Bremerton and Rice Fergus Miller, Inc. on September 28, 2018 and as amended on August 11, 2020, January 17, 2022 and on October 4, 2022. 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 Amended Scope of Work attached as Exhibit A (SS04 & SS05) Section II. Term , is modified as follows: The Consultant shall complete the work described in this Contract Modification Agreement by December 31, 2024. Section III. Compensation , is modified as follows: The original contract amount was four hundred ninety-five thousand dollars ($ 495,000.00). The current contract amount, including all previous amendments is six hundred fifty-eight thousand six hundred sixty two dollars and sixty cents ($658,662.60) The City shall pay the Consultant for the additional work described above, based on time and materials, an amount not to exceed five thousand four hundred eighty nine dollars and seventy six cents ($ 5,489.76) for a total amended contract amount of six hundred sixty four thousand one hundred fifty two dollars and thirty six cents ($ 664,152.36), 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 DocuSign Envelope ID: 790441C4-B336-4127-A05A-800AE214D07A Page 2 of 2 Contract Modification Rev. 09/2021 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. 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. Public Works Director approved to process _________________________ (Initials and Date) CONSULTANT THE CITY OF BREMERTON By: By: Print Name: Print Name: Its: Its: Date: Date: APPROVED AS TO FORM: ATTEST: By: By: KYLIE J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Attn: City Clerk City of Bremerton 345 6th Street STE 100 Bremerton, WA 98337 R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev. 09 2021.docx DocuSign Envelope ID: 790441C4-B336-4127-A05A-800AE214D07A 9/11/2023 Principal 9/18/2023 Dean Kelly Greg Wheeler Mayor 9/18/2023 275 Fifth Street, Suite 100 Bremerton, WA 98337 Phone: (360) 377-8773 rfmarch.com Supplemental Services Agreement Project: Quincy Square on 4th Street Owner: City of Bremerton – #315012 Date of Original Agreement: September 28, 2018 SSA No.: Project No.: 04 August 24, 2023 2017087.01 In accordance with the Agreement referenced above, authorization is hereby given to: proceed with Additional Services proceed with revised scope of Basic Services incur Reimbursable Expenses As follows: Reallocation of unused fees from completed phases to SSA 04. Compensation shall be adjusted as follows: Contracted amount to be adjusted to actual billed. Remaining unused fee to be allocated to SSA 04: Realllocation of Fees. This additional service request results in a 0.00 contract adjustment. Contracted Billed Remaining Reallocated to SSA Civil, Transportation, Struct., Basic Street Lighting, Elec., Cost Est. 148,846.00 142,169.01 6,676.99 Landscape Architecture and Site Feature Design 82,468.00 82,198.00 270.00 Architectural and Theater Lighting Design 16,025.00 5,475.00 10,550.00 Architectural/above ground Cost Estimating 16,000.00 6,245.00 9,755.00 SSA 01_Public Outreach and Civil Redesign 21,982.90 10,091.40 11,891.50 SSA 02_Revisions to Final Design 14,166.70 9,869.20 4,297.50 SSA 04 Reallocation of Fees: $43,440.99 Time for performance shall be adjusted as follows: To be determined. Upon execution, this Supplemental Services Agreement shall become a part of the original Agreement referenced above, and supplemental services described above shall commence. Submitted by: By: Authorized by Owner: By: Printed Name: Dean Kelly Printed Name: Title: Principal Title: Date: August 24, 2023 Date: Exhibit ADocuSign Envelope ID: 790441C4-B336-4127-A05A-800AE214D07A Greg Wheeler Mayor 9/18/2023 275 Fifth Street, Suite 100 Bremerton, WA 98337 Phone: (360) 377-8773 rfmarch.com Supplemental Services Agreement Project: Quincy Square on 4th Street Owner: City of Bremerton – #315012 Date of Original Agreement: September 28, 2018 SSA No.: Project No.: 05 August 24, 2023 2017087.01 In accordance with the Agreement referenced above, authorization is hereby given to: proceed with Additional Services proceed with revised scope of Basic Services incur Reimbursable Expenses As follows: Parametrix Budget - Add service Emily Russell – Addendum, make even estimate for remaining documentation phases. Structural –Add Alternate 1, which includes a small amount of additional engineering. RFM - Reformatting the specifications. Compensation shall be adjusted as follows: Existing Fee SSA-04 – Fee Reallocation $43,440.99 Project Management Reserve $20,000.00 Total $63,440.99 Amendment Request _ SSA 05 PMX Budget Addendum $62,832.00 Emily Russell Addendum $1,898.75 Structural ASR-2 $1,200.00 RFM $3,000.00 Total $68,930.75 SSA 05 $68,930.75 Subtract Existing Fee <$63,440.99> Total SSA 05 Amendment Request $5,489.76 Time for performance shall be adjusted as follows: To be determined. Upon execution, this Supplemental Services Agreement shall become a part of the original Agreement referenced above, and supplemental services described above shall commence. Submitted by: Authorized by Owner: DocuSign Envelope ID: 790441C4-B336-4127-A05A-800AE214D07A Supplemental Services Agreement Client Date Page 2 of 2 By: By: Printed Name: Dean Kelly Printed Name: Title: Principal Title: Date: August 24, 2023 Date: END OF SUPPLEMENTAL SERVICES AGREEMENT Quincy Square - SSA 05August 24, 2023 DocuSign Envelope ID: 790441C4-B336-4127-A05A-800AE214D07A Greg Wheeler Mayor 9/18/2023 August 3, 2023 Michael Wright Rice Fergus Miller 275 Fifth Street, Suite 100 Bremerton, WA 98337 Quincy Square Raised Performance Stage Additional Services Request ASR-2 Bremerton, WA WSW Project #21044 Dear Michael, As requested, we are submitting this proposal for additional structural engineering consultation for Quincy Square. Additional Scope of Services The services included in this proposal is as follows: 1. Revise drawings to show the proposed performance stage as a bid alternate. 2. Revise structural notes language as required by the City of Bremerton. Proposed Fee Our proposed fee for the Additional Scope of Services above is One Thousand Two Hundred Dollars ($1,200). Our effort will be billed on a monthly basis in accordance with the project progress. We propose our fee be adjusted as follows: Current Fee Proposed Add Proposed Construction Documents $3,700 +$1,200 $4,900 Construction Administration $2,800 +$0 $2,800 Total $6,500 +$1,200 $7,700 Limitations Consultant’s services shall be provided consistent with and limited to the professional standard of care which is the skill and care ordinarily provided by similarly situated professionals practicing in the same or similar locality under the same or similar circumstances. Such standard of care is not a warranty or guarantee and Consultant shall have no such obligation. Accordingly, Client shall provide appropriate contingencies in both schedule and cost. This Agreement and the deliverables, obligations, and rights herein are intended for the sole use and benefit of the Parties and are not intended to create any third party rights or benefits. This Agreement and the design may not be transferred or assigned by either Party without written consent. Consultant shall not be responsible for the statements, performance, acts, errors, or omissions of any person or entity not under its direct control. DocuSign Envelope ID: 790441C4-B336-4127-A05A-800AE214D07A Quincy Square Additional Services Request ASR-2 August 3, 2023 2 of 2 Consultant shall be deemed the owner of its Instruments of Service, including the Plans, Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Consultant grants to the Client a nonexclusive license to use the Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Client substantially performs its obligations under this Agreement, including prompt payment of all sums due hereunder. Client expressly agrees that any liability arising out of this project shall be limited to the Consultant and its applicable insurance and shall not be the basis of personal liability as to Consultant’s owners, officers, directors, or employees. The terms of the Proposal shall be effective for 90 days after presentation to Client. In the event this Agreement is not executed by Client within the time identified, the Proposal, together with any related terms and conditions and deliverables, may be subject to amendment, change or substitution. Once accepted by the Client, this proposal shall become the effective agreement between the Client and WSW Engineering PLLC. Please do not hesitate to contact me with any questions or concerns. Sincerely, Bill Williams, P.E., S.E. Consultant Rice Fergus Miller Client Signed:Signed: Date:Date:08/03/2023 DocuSign Envelope ID: 790441C4-B336-4127-A05A-800AE214D07A 9/18/2023 Emily Russell Landscape Architecture 245 4th St.#501 Bremerton,WA 98337 360.990.1720 emily@erla.land www.erla.land 08.22.2023 Mike Wright Rice Fergus Miller,Inc. 275 Fifth St.,Suite 100 Bremerton,WA 98337 Re:Rationale for overages in Landscape Architectural fee for Quincy Square Dear Mike, As requested,here is a list explaining the fee adjustment in our addendum that will help us cover our costs.We anticipated very minimal revisions and therefore allowed 30 hours in our contract prior to receiving relines from the City,which we believed to be be more than enough since there would likely not be updates to the base map for the landscape drawings,just basic clarification via notes,etc.Due to the unanticipated additional scope,the revisions and responses ultimately took 42.25 hours. Rationale behind additional fees for SSA-03: ●Updating the base map,clean up new base to only show information relevant to the landscape plans,adjusting the scale and sections of plan which is different on each sheet ●Updating planting beds,plant layout,plant type,plant schedule,legend,plant tags, updating irrigation layout to reflect the updates to the site layout ●Researching street trees and updating the street tree variety and reorganizing the street tree quantity and location on each sheet to fit the revised layout and avoid conflicts with lighting,utilities,site furniture,etc.Updating plant tags,legend ●Add sheets in the landscape set to show add alternate for stage and removing plants on some sheets,and adding on other sheets to respond to add-alternate needs,adjusting the irrigation plan to reflect this change ●Reworking the layout of hardscape areas and site furniture locations and quantities, reflected on each sheet/different scales and updating site furniture information and cut sheets.Adding concrete pads under site furniture and adjusting bed vs paving locations on all sheets DocuSign Envelope ID: 790441C4-B336-4127-A05A-800AE214D07A Some elements of the project were anticipated and therefore not included in the list above.This includes: ●Review of redlined drawings and comments from the city. ●Meeting with the City to review the redlined responses ●Meetings and coordination with internal staff and externally with design team to verify consistency throughout drawing sets and verifying which discipline is responsible for certain aspects of the project that overlap ●Written responses to the city’s list of questions and revisions ●Adding construction notes and additional clarifying language to the plans Please let me know if you have any questions or need additional information.Thank you! Sincerely, Emily Russell,RLA,ASLA Registered Landscape Architect and Principal Emily Russell Landscape Architecture DocuSign Envelope ID: 790441C4-B336-4127-A05A-800AE214D07A Emily Russell Landscape Architecture 245 4th St. #501 Bremerton, WA 98337 360.990.1720 emily@erla.land www.erla.land CP Track Task Responsible Proposed Hours@ $155/hr Prev. Proposed Hours Addit'l Hours Requested Plan Review City Plan Revisions RFM Plan Review City Plan Revisions RFM Plan Review City Final Plan Revisions RFM Construction Administration 20.00 20.00 122.25 Total hours: 12.25 Total Added Fee: 12.25x$155/hr=$1898.75 30.00 30.00 30.00 Revised 8.31.23 12.25 0.00 0.00 Quincy Square Final Countdown (addendum) Bid Docs 42.25 30.00 30.00 DocuSign Envelope ID: 790441C4-B336-4127-A05A-800AE214D07A Rice Fergus Miller 233-1896-161 Quincy Square 1 July 2023 EXHIBIT A – SCOPE OF WORK Rice Fergus Miller Quincy Square Modification 04 Request INTRODUCTION This document describes Parametrix’s proposed scope of work (SOW) for Modification 04 under our existing contract for the Quincy Square project. The purpose for Modification 04 is to add budget for Parametrix to perform additional engineering services during final design including a Draft Final Bid Set as requested by the City of Bremerton in comments received on June 16, 2023. A proposed schedule is included in this scope as Exhibit B and our proposed budget is attached as Exhibit C. The following tasks are associated with this SOW. Task 5 – Final Design Objective Complete one plans, specifications and estimate (PS&E) submittal including the Draft Bid Set by responding to City comments to the 100% Review Submittal submitted in November of 2022. Review comments were received on June 16, 2023. Activities The following activities are associated with this task: · Respond to City comments dated 6/16/2023 and prepare a Draft Bid Set submittal for City review which includes: • Update contract documents to meet requirements of federal HUD grant funds, re-package all specifications into APWA format from CSI format. • Revise plan sheets per City provided comments including but not limited to;  Split Road Sheets into separate Roadway, Storm and Utility sheets  Adjust demolition plans including details around the basement that protrudes into City ROW.  Split Bid Alternate 1 into separate plan sheets  Update water design per City comments  Update signing and traffic control plans per City comments  Update Electrical plans per City comments DocuSign Envelope ID: 790441C4-B336-4127-A05A-800AE214D07A SCOPE OF WORK (continued) Rice Fergus Miller 233-2519-010 Quincy Square 2 July 2023  Complete structural design and details for festoon lighting per City comments  Complete utility coordination with Puget Sound Energy including preparation of a service application. • Update the opinion of probable cost • Coordination with the Client and City of Bremerton • Complete a quality control review of the Draft Bid Set Submittal Deliverables The following deliverables are associated with this task: · Draft Bid set PS&E including revised plans, engineer’s opinion of probable cost, special provisions, and contract documents. Assumptions The following assumptions apply to this task: · Comments on the draft bid set PS&E and preparation of the Final Bid Set will address omissions and cleanup of the PS&E and will not require design changes. Any design changes would require additional scope and budget and would be addressed in a separate contract modification. DocuSign Envelope ID: 790441C4-B336-4127-A05A-800AE214D07A SCOPE OF WORK (continued) Rice Fergus Miller 233-2519-010 Quincy Square 3 July 2023 Exhibit B - Schedule Work Element Completed By Notice to Proceed (verbal) July 26, 2023 Draft Bid Set PS&E August 30, 2023 City Review Complete September 13, 2023 Bid Set PS&E October 6, 2023 Bid Advertisement October 20, 2023 Construction Contract Award December 2023 Construction Contract Suspension January – April 2024 Construction April – November 2024 Note: Schedule assumes two-week City review period. DocuSign Envelope ID: 790441C4-B336-4127-A05A-800AE214D07A