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HomeMy WebLinkAbout2021 Contract Modification No. 1 with KPGPage 1 of 2 Contract Modification No. 1 June 2021 Marine Drive Water Main Replacement CONTRACT MODIFICATION AGREEMENT NO. 1 BETWEEN THE CITY OF BREMERTON AND KPG PROJECT: Marine Drive Water Main Replacement CONSULTANT: KPG DATE: June 24, 2021 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE Marine Drive Water Main Replacement AGREEMENT (the "Contract") entered into between the City of Bremerton and KPG on November 20, 2020). 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. Section II. Term , is modified as follows: The work shall be completed by December 15, 2021. Section III. Compensation , is modified as follows: The original contract amount was $203,500. Contract Modification No. 1 increases the contract amount by $93,866.50, resulting in an amended contract amount of $297,366.50. Exhibit B shows a breakdown of the costs and fee. 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. 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. DocuSign Envelope ID: 025D75C0-905D-4E7B-8F83-CE0AD56DC1A5 Page 2 of 2 Contract Modification No. 1 June 2021 Marine Drive Water Main Replacement 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) KPG, P.S. THE CITY OF BREMERTON By: By: Print Name: Print Name: Greg Wheeler Its: Its: Mayor Date: ATTEST: By: ANGELA HOOVER, City Clerk NOTICES TO BE SENT TO: Attn: Angela Hoover City of Bremerton 345 6th Street, Suite 100 Bremerton, WA 98337-1891 Date: APPROVED AS TO FORM: By: Bremerton City Attorney NOTICES TO BE SENT TO: Attn: Jeff Kreshel KPG, P.S. 2502 Jefferson Avenue Bremerton, WA 98337 R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev. 10 2019.docx DocuSign Envelope ID: 025D75C0-905D-4E7B-8F83-CE0AD56DC1A5 7/26/2021 7/27/2021 Jeff Kreshel Principal Engineer 7/27/2021 City of Bremerton, Marine Drive Water Main Replacement Construction Management Services Scope of Work Page 1 of 4 KPG Project #20102 June 2021 EXHIBIT A Project Scope of Work June 2021 Construction Services This work will provide part time construction management services for the construction contract to complete the City of Bremerton, Marine Drive Water Main Replacement project (hereinafter called “Project”). These services will include project management, survey support for monument perpetuation, and contract administration during the construction of the project, as detailed below. KPG (“Consultant”) will provide to the City of Bremerton, Washington (“City”) construction management and engineering services for the project. A detailed scope for the Contract follows: I.INTRODUCTION The following scope of services and associated costs are based upon the assumptions outlined below. Assumptions: The proposed project team will include a part-time project manager, a half-time resident engineer, a one-third (1/3) -time documentation specialist and survey crew for monument perpetuation. Necessary sub-consultants to provide services for materials testing shall be provided by the City. The City shall also provide an inspector for this project that will work with the Consultants staff. The level of services is based on a project duration of 100 calendar days to reach Substantial Completion or approximately 4 months. The Fee structure is based on 70 Working Days anticipated within the 100 Calendar days, plus 1 week of start up time and 2 weeks of project closeout work or 85 Days total of Part Time work. Services will be performed in accordance with the Local Agency Guidelines (LAG), the City Standards and Details, and the WSDOT Construction Manual. Services considered incidental to this work include management of temporary construction licenses secured by the City. The consultant will also direct the work of the Contractor consistent with said licenses as well as the terms of any easements secured for project improvements. Hours of work. Work is anticipated to take place during daylight hours on a single shift of 8 hours per day, 5 days per week. No night or weekend work is anticipated as part of this scope of services. II.SCOPE OF WORK TASK 1 – MANAGEMENT/COORDINATION/ADMINISTRATION DocuSign Envelope ID: 025D75C0-905D-4E7B-8F83-CE0AD56DC1A5 City of Bremerton, Marine Drive Water Main Replacement Construction Management Services Scope of Work Page 2 of 4 KPG Project #20102 June 2021 Provide overall project management, coordination with the City, monthly progress reports, and invoicing. This effort will include the following elements. Organize and layout work for project staff. Prepare project instructions on contract administration procedures to be used during construction. Review monthly expenditures, prepare invoice and submit project progress letter to the City. TASK 2 – PRECONSTRUCTION SERVICES Preconstruction Conference: The City will prepare an agenda for, distribute notices of, and conduct a preconstruction conference in the City’s offices or via remote platform of the City’s choice. The Consultant’s resident engineer, and document specialist will attend the preconstruction conference. The City will prepare a written record of the meeting and distribute copies of the notes to all attendees and affected agencies, staff, etc. TASK 3 – CONSTRUCTION SERVICES Field / Office Support Services: The Consultant shall provide the services of one part-time resident engineer, part-time documentation specialist, and other tasks necessary to monitor the progress of the work. Construction staff shall oversee the following items of work, on the project site, and will observe the technical progress of the construction, including providing day-to-day contact with the Contractor and the City. As part time services do not allow a full assessment of work performed on a daily basis the City inspector shall be the main point of contact for the Contractor in the field. The presence of the Consultant’s part-time personnel at the construction site is for the purpose of providing to the City a greater degree of confidence that the completed work will generally conform to the Contract Documents and that the integrity of the design concept as reflected in the Contract Documents has been implemented and preserved by the construction Contractor(s). The Consultant’s personnel shall act in accordance with Section 1-05.1 and 1-05.2 of the current WSDOT Standard Specifications. The Consultant will endeavor to protect all parties against defects and deficiencies in the work of the Contractor(s), but cannot guarantee the Contractors’ performance and shall not be responsible for construction means, methods, techniques, sequences of procedures, or for safety precautions and programs in connection with the work performed by the construction contractor(s) and any subcontractors. Document Control. Original documentation will be housed at the Consultant’s office and filed in accordance with standard filing protocol. Document control by the Consultant shall consist of the following: Monthly Pay Estimate – Contractor shall submit applications for payment. Consultant to work with City inspector for review and acceptance for incorporation into monthly pay estimate Submittal Log – Log submittals received RFI Log – Log RFI’s from the Contractor and track reply dates C.O. Log – Log C.O. as required Material Testing – Log test reports as provided by City Inspector Weekly Meetings – Create agenda and take notes and distribute meeting notes Weekly Statement of Working Days – Input information from City Inspector and Distribute Retainage Account Information – City to finalize this document Intent to Pay Prevailing Wages – Consultant to review and approve Intents Requests to Sublet – Consultant to review and approve DocuSign Envelope ID: 025D75C0-905D-4E7B-8F83-CE0AD56DC1A5 City of Bremerton, Marine Drive Water Main Replacement Construction Management Services Scope of Work Page 3 of 4 KPG Project #20102 June 2021 Certified Payrolls – Consultant to review once a month up to Substantial Completion Affidavit of Wages Paid – City to finalize Affidavits after Substantial Completion Final Completion Letter – City to finalize this project after Substantial Completion Acceptance of Compensation and Release of All Claims – City to finalize this document after Substantial Completion Project Coordination: Liaison with City on a regular basis to discuss project issues and status. Coordinate with utilities, and community outreach issues through the City provided inspector. Plan Interpretations: Provide technical interpretations of the drawings, specifications, and contract documents, and evaluate requested deviations from the approved design or specifications. Coordinate with City for resolution of issues involving scope, schedule, and/or budget changes. Weekly Meetings: Lead weekly meetings, including preparation of agenda, meeting minutes, and distribution of minutes to attendees. Outstanding issues to be tracked on a weekly basis. Initial Schedule Review: Perform detailed schedule review of contractor provided CPM for conformance with the contract documents. Monthly Pay Requests: Prepare monthly requests for payment, review with the City Inspector and contractor and approve, as permitted. Utilize City provided format for pay estimates, or Consultant format. Monthly Schedule Review: At the monthly cutoff, review contractor’s updated schedule and compare with field-observed progress, as described in Section 1-08 of the Special Provisions. In addition, perform schedule analysis on contractor provided CPM updates and review schedule for delays and impacts. 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. Submittals: Coordinate review process for shop drawings, samples, traffic control plans, test reports, and other submittals from the Contractor for compliance with the contract documents. Key submittals to be transmitted to the City for their review and approval. Submittals shall be logged and tracked. Request for Information (RFI): Review and respond to RFI’s or distribute as necessary for engineer’s input. RFI’s shall be logged and tracked. Change Orders: Develop change orders, provide technical assistance to negotiate change orders, and assist in resolution of disputes which may occur during the course of the project. A total of 24 man- hours have been included in the cost for these services. Cost Projections: Prepare one cost projection for the project. Projection to be based on the current amount paid to date, pending change orders, quantity projections, and other information. On Site Inspection: The City shall provide an on-site inspector for this project. The on-site inspector shall provide the Consultant with daily field inspection reports, monthly field note records for pay estimate processing, any material verification forms required by City, and any other field documentation needed for project support. The on-site inspector shall coordinate any material testing required in the field. All field tests shall be sent to the Consultant for tracking and logging. Any failing tests the City inspector shall work with the Contractor to resolve. Survey Support for Monument Perpetuation: Reference points (RP’s) set to be able to re-establish monument position Fill out DNR monument destruction paperwork Stake out the monument position for contractor to install Center-punch the monument DocuSign Envelope ID: 025D75C0-905D-4E7B-8F83-CE0AD56DC1A5 City of Bremerton, Marine Drive Water Main Replacement Construction Management Services Scope of Work Page 4 of 4 KPG Project #20102 June 2021 Complete DNR paperwork to document installation TASK 4 – PROJECT CLOSEOUT Record Drawings: Shall be addressed by Project Engineer under separate design budget. Substantial Completion Letter: Following notification from Contractor of Substantial Completion, perform a site review to evaluate site conditions. If site conditions allow, recommend that the City accept the project as Substantially Complete. City to execute the final version of the Substantial Completion letter. Project Closeout: Transfer all project documents to the City for permanent storage upon reaching Substantial Completion. Two weeks after Substantial Completion have been assumed in the fee for close out work by the Consultant. Any work beyond the two weeks will be negotiated for compensation. The Consultant cannot guarantee City’s Contractor responsiveness to close out documentation. Assistance to reach Final Completion may be negotiated at a later date if requested by the City. Management Reserve: The services described under this task, and any other additional services requested by the City, will be performed only when authorized by the City. Authorization to perform additional services will be in the form of a supplement to this agreement, specifying the work to be performed, and basis of payment. A total of 10% (or $8,351.50) has been included in the cost for services as a placeholder. Provide any additional services resulting from changes in scope or design of the project. Changes include, but are not limited to, changes in size, complexity, the schedule, character of construction, or method of financing. Provide claims analysis and assistance in resolving claims that are protracted in nature and beyond the scope of the change order process described herein. Other activities deemed necessary by the City. III.DELIVERABLES i.Preconstruction meeting agenda and minutes (Draft and Final) ii.Test Report Log iii.Weekly meeting minutes iv.Certificate of Substantial Completion with punchlist v.Monthly contractor pay requests vi.Cost projection – 1 Each vii.Physical completion letter and recommendation of final acceptance letter – By City viii.All project records at Substantial Completion, including submittals, RFI’s, change orders, correspondence, DNR Documentation for monuments, and other information as needed. ix.Record Drawings DocuSign Envelope ID: 025D75C0-905D-4E7B-8F83-CE0AD56DC1A5 EXHIBIT B PRIME CONSULTANT COST COMPUTATIONS Client:City of Bremerton Project: Marine Drive Water Main Replacement No. 4555 KPG, P.S. PROJECT NUMBER: 20102 70 working days + 1 week startup and 2 weeks closeout = 85 days DATE:6/24/2021 Task No.Task Description Labor Hour Estimate Total Hours and Labor Fee Estimate by Task PrincipalProjectSurveyorSenior FieldSurveyorFieldSurveyorSeniorConstructionManagerResidentEngineerDocumentControlSpecialistSenior Admin262 148 123 111 224 130 117 107 Hours Fee Task 1 - MANAGEMENT / COORDINATION / ADMINISTRATION 1.1 Project Management and Administrative Services 10 10 12 32 $6,144.00 1.2 Prepare, review and submit monthly expenditures 5 5 $1,120.00 Task Total 10 0 0 0 15 0 0 12 37 $7,264.00 Task 2 - Preconstruction Services 2.1 Attend and take notes at Pre-con 2 3 5 $611.00 Task Total 0 0 0 0 0 2 3 0 5 $611.00 Task 3 - Construction Services 3.1 Field / Office Support Services 300 200 500 $62,400.00 3.2 Survey Support for Monument Perpetuation 4 12 12 28 $3,400.00 Task Total 0 4 12 12 0 300 200 0 528 $65,800.00 Task 4 - Project Closeout 4.1 Substantial Completion work, Transfer documents to City 4 40 32 76 $9,840.00 0 $- Task Total 0 0 0 0 4 40 32 0 76 $9,840.00 Total Labor Fee 2,620 592 1,476 1,332 3,360 39,260 23,751 1,284 570 $83,515.00 Management Reserve 4.1 Upon City Authorization Only (10%) 0 $8,351.50 Task Total 0 0 0 0 0 0 0 0 0 $8,351.50 Reimbursable Direct Non-Salary Costs Mileage at current IRS rate $1,500.00 Reproduction Allowance $500.00 Total Reimbursable Expense $2,000.00 Total Estimated Budget $93,866.50 DocuSign Envelope ID: 025D75C0-905D-4E7B-8F83-CE0AD56DC1A5