HomeMy WebLinkAbout167883_887511-2018-00117-BremertonAmendment1FullySignedDocuSign Envelope ID: A645475C-D86A-4212-90B4-5FCC223AF034
Template Version 10/30/2015
AMENDMENT NO. 1
TO AGREEMENT NO. WQC-2018-BremPW-00117
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
City of Bremerton PURPOSE: To amend the above-referenced agreement (AGREEMENT) between the state of Washington Department of
Ecology (ECOLOGY) and City of Bremerton (RECIPIENT) for the Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
(PROJECT).
This amendment is needed to modify the scope of work and increase the loan to cover additional project costs as a result of
market conditions, added scope of work, outsourcing construction management services, and additional cultural resource
monitoring requirements.
1) The Scope of Work is changed:
a. Task 4, Construction, is modified to include: An upland 3 inch low pressure sewer (LPS) main and an upland large diameter
force main (12 inch diameter).
b. Task 6, Cultural Resource Management/Monitoring, is added.
2) The total budget is increased in the amount of $3,200,419. Loan (EL180442) is increased from $3,800,000 to
$7,000,419.
a. Task 1, Project Administration/Management, is increased by $25,000, from $25,000 to $50,000.
b. Task 2, Permitting and Design, is increased by $460,000, from $400,000 to $860,000.
c. Task 3, Construction Management, is increased by $180,000, from $300,000 to $480,000.
d. Task 4 budget by $1,500,960 to cover increased scope of work and $543,000 for cost overruns (10% of Engineers
Estimate at the time of bid) resulting from higher than expected bids for a total increase of $2,043,690, from $3,075,000 to
$5,118,690.
e. Task 5, adds a Change Order Allowance (5% of low bid construction amount) in the amount of $361,729.
f. Task 6, Cultural Resource Management/Monitoring, is added, increasing the budget by $130,000.
3) The Completion and Initiation of Operation Dates remain the same.
4) The Estimated Loan (EL180442) Repayment Schedule Number 2560, created on January 22, 2019, is replaced with
Estimated Loan Repayment Schedule Number 0333, created on April 26, 2021.
IT IS MUTUALLY AGREED that the AGREEMENT is amended as follows:
Total Cost:
Original: 3,800,000.00 Amended: 7,500,000.00
DocuSign Envelope ID: A645475C-D86A-4212-90B4-5FCC223AF034 State of Washington Department of Ecology
City of Bremerton
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1 Project
Agreement No. WQC-2018-BremPW-00117
Page 2 of 11
Template Version 10/30/2015
Total Eligible Cost:
Original: 3,800,000.00 Amended: 7,000,419.00
CHANGES TO THE BUDGET
Funding Distribution EL180442
Funding Title: SRF Loan
Funding Type: Loan
Funding Effective Date:
Funding Source:
06/30/2018 Funding Expiration Date: 12/31/2022
Title: FY18 SRF (State)
Fund: 727
Type: State
Funding Source %:
Description:
Approved Indirect Costs Rate:
Recipient Match %:
InKind Interlocal Allowed:
InKind Other Allowed:
100%
The Clean Water Act (CWA) (33 U.S.C 1251-1387) established the State Revolving Fund
(SRF) low interest loans program (40. C.F.R. Part 31, 35 Sub Part K). Washington State
administers the program under Chapter 173-98 WAC. The portion of this project funded
with this funding distribution comes from non-federal source and are not subject to Federal
Funding Accountability and Transparency Act (FFATA) and Single Audit Act (SAA).
However, this project is subject to the federal requirements outlined in Section 4 and 5 of
agreement terms and conditions.
Approved State Indirect: 30%
0%
No
No
Is this Funding Distribution used to match a federal grant? No
Effective Interest Rate: 1.5% Interest Rate: 0.5% Admin Charge: 1%
Terms: 20 years
Project Start Date: 06/30/2018 Project Completion Date: 12/31/2022
Estimated Initiation of Operation date:
Loan Security:
Final Accrued Interest:
Final Loan Amount:
Repayment Schedule Number:
06/30/2022
Revenue Secure Lien Obligation of the Recipient
$
$
333
SRF Loan Task Total
Project Administration/Management $ 50,000.00
Permitting & Design $ 860,000.00
DocuSign Envelope ID: A645475C-D86A-4212-90B4-5FCC223AF034 State of Washington Department of Ecology
City of Bremerton
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1 Project
Agreement No. WQC-2018-BremPW-00117
Page 3 of 11
Template Version 10/30/2015
Construction Management $ 480,000.00
Construction $ 5,118,690.00
Change Order Allowance $ 361,729.00
Cultural Resource Management/Monitoring $ 130,000.00
Total: $ 7,000,419.00 CHANGES TO SCOPE OF WORK
Task Number: 1 Task Cost: $50,000.00
Task Title: Project Administration/Management
Task Description:
A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements.
Responsibilities include, but are not limited to: maintenance of project records; submittal of requests for reimbursement and
corresponding backup documentation; progress reports; and a recipient closeout report (including photos).
B. The RECIPIENT shall maintain documentation demonstrating compliance with applicable procurement, contracting, and
interlocal agreement requirements; application for, receipt of, and compliance with all required permits, licenses, easements, or
property rights necessary for the project; and submittal of required performance items.
C. The RECIPIENT shall manage the project. Efforts include, but are not limited to: conducting, coordinating, and scheduling
project activities and assuring quality control. Every effort will be made to maintain effective communication with the
RECIPIENT's designees; ECOLOGY; all affected local, state, or federal jurisdictions; and any interested individuals or
groups. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement.
Task Goal Statement:
Properly managed and fully documented project that meets ECOLOGY’s grant or loan administrative requirements.
Task Expected Outcome:
* Timely and complete submittal of requests for reimbursement, quarterly progress reports, and RECIPIENT closeout report.
* Properly maintained project documentation
Recipient Task Coordinator: Linda Fulton
Deliverables
Number Description Due Date
DocuSign Envelope ID: A645475C-D86A-4212-90B4-5FCC223AF034 State of Washington Department of Ecology
City of Bremerton
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1 Project
Agreement No. WQC-2018-BremPW-00117
Page 4 of 11
Template Version 10/30/2015
1.1 Quarterly Progress Reports
1.2 Recipient Closeout Report
1.3 Project Outcome Summary Report
CHANGES TO SCOPE OF WORK
Task Number: 2 Task Cost: $860,000.00
Task Title: Permitting & Design
Task Description:
A. The RECIPIENT shall obtain necessary permits required for the project.
B. The RECIPIENT shall procure engineering services in accordance with state law. The RECIPIENT must include
ECOLOGY’s specification insert in the contract documents for design. The RECIPIENT shall submit all contracts for
engineering services before ECOLOGY shall provide reimbursement for work performed under this task. The engineering
consultant firm shall complete the final design and permitting for the project under the management and oversight of the
RECIPIENT.
C. The RECIPIENT shall design the grinder pumps and conveyance pipelines. Plans and specifications developed by the
RECIPIENT shall be consistent with the requirements of Chapter 173-240 WAC.
D. The plans and specifications, construction contract documents, and addenda shall be approved by the RECIPIENT prior
to submittal for ECOLOGY review. All construction plans submitted to ECOLOGY for review and approval shall be reduced
to no larger than 11" x 17" in size. All reduced drawings shall be completely legible. The project manager may request plans
be submitted in either PDF or AutoCAD electronic format, and specifications in a searchable PDF or Microsoft Word
electronic file. A current construction cost estimate shall be submitted along with each plan/specification submittal. The project
manager may request a spreadsheet of the costs in electronic file format.
E. The RECIPIENT shall complete the facility design within 24 months after the execution of this AGREEMENT. The
RECIPIENT has requested an additional 12 month extension to the standard 12 month design completion requirement for Step
4 design construct projects due to the size and difficulty of a project of this kind. Ecology will review progress after 12 months
to ensure sufficient progress has been made. If it is determined that sufficient progress has not been made toward the
completion of design, this agreement may be amended to include design only, de-obligating construction funding for use on
other projects.
F. Investment Grade Efficiency Audit. The RECIPIENT shall procure a third party analysis of potential energy and water
efficiency measures for incorporation into the design of any wastewater facilities. The analysis shall identify potential efficiency
measures, provide cost estimates, and evaluate their cost effectiveness. If the RECIPIENT has obtained either a preliminary or
investment grade energy audit of the utility in the last 5 years, documentation of that audit can be submitted instead.
G. The RECIPIENT's construction management staff shall provide a constructability review and quality assurance check of the
DocuSign Envelope ID: A645475C-D86A-4212-90B4-5FCC223AF034 State of Washington Department of Ecology
City of Bremerton
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1 Project
Agreement No. WQC-2018-BremPW-00117
Page 5 of 11
Template Version 10/30/2015
project drawing and specification package, and general requirements of the construction bid documents at the 60 percent and
90 percent stages.
Task Goal Statement:
See Overall Goal.
Task Expected Outcome:
See Overall Goal.
Recipient Task Coordinator: Bill Davis
Deliverables
Number Description Due Date
2.1 Documentation of local, state and federal permitting.
2.2 Executed contracts for engineering services and affidavit of publication.
2.3 Documentation of the RECIPIENT’s process for procuring engineering
services, and affidavit of publications.
2.4 Documentation of opinions of probable construction costs for the pumps
and conveyance system improvements.
2.5 Final bid documents for the RECIPIENT's use in soliciting bids from
Contractors to construct the improvements.
2.6 Documentation of quality assurance and quality control reviews
throughout the design phase.
2.7 Two copies of the final design with detailed cost estimate and
specifications.
2.8 Investment Grade Efficiency Audit documentation.
CHANGES TO SCOPE OF WORK
Task Number: 3 Task Cost: $480,000.00
Task Title: Construction Management
Task Description:
A. The RECIPIENT will provide adequate and competent construction management and inspection for the Project. This may
involve procuring the professional services. If professional services are procured, the RECIPIENT will procure them in
accordance with state law. The RECIPIENT will include ECOLOGY’s specification insert in the contract documents. The
RECIPIENT must submit all contracts for construction management services before ECOLOGY will provide reimbursement
for work performed under this task.
DocuSign Envelope ID: A645475C-D86A-4212-90B4-5FCC223AF034 State of Washington Department of Ecology
City of Bremerton
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1 Project
Agreement No. WQC-2018-BremPW-00117
Page 6 of 11
Template Version 10/30/2015
B. The RECIPIENT will develop a detailed Construction Quality Assurance Plan (WAC 173-240-075) and submit it to
ECOLOGY for approval. This plan must describe the activities which the RECIPIENT will undertake to achieve adequate
and competent oversight of all construction work.
C. Upon completion of this construction, the RECIPIENT shall submit the Declaration of Construction Completion form to
ECOLOGY in accordance with WAC 173-240-090 and a set of "as-built" plans of the construction contract i.e., record
construction drawings which reflect changes, modifications, or other revisions made to the project during construction. The
form, when signed by a professional engineer, indicates that the project was completed in accordance with the plans and
specifications and major change orders approved by ECOLOGY, and is accurately shown on the as-built plans.
D. The RECIPIENT will provide a plan of interim operation for the facility while under construction.
E. The RECIPIENT will ensure construction progresses according to a timely schedule developed to meet completion dates
indicated in the construction contract. The RECIPIENT will revise or update the schedule whenever major changes occur and
resubmit to ECOLOGY. In the absence of any major changes, the RECIPIENT will describe progress of the construction in
the quarterly progress reports.
F. As a condition of receiving this funding, the RECIPIENT will prepare an asset management program (fiscal sustainability
plan). The RECIPIENT will certify that a plan that contains at least the minimum required elements listed above has been
developed and is being implemented. The plan must include the following elements:
1. An inventory of critical assets that belong to the utility.
2. An evaluation of the condition and performance of the critical assets.
3. A plan to maintain, repair, and replace the critical assets and to fund those activities.
4. A process to evaluate and implement water and energy conservation efforts as part of the plan.
Task Goal Statement:
See Overall Goal.
Task Expected Outcome:
See Overall Goal.
Recipient Task Coordinator: William Davis
Deliverables
Number Description Due Date
3.1 Executed contract for construction management services.
3.2 Documentation of the RECIPIENT’s process for procuring engineering
services.
3.3 Construction Quality Assurance Plan.
DocuSign Envelope ID: A645475C-D86A-4212-90B4-5FCC223AF034 State of Washington Department of Ecology
City of Bremerton
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1 Project
Agreement No. WQC-2018-BremPW-00117
Page 7 of 11
Template Version 10/30/2015
3.4 Plan of interim operation of the facility while under construction.
3.5 Declaration of Construction completion (paper copy) and one electronic
copy of the Record Drawings. Submit the electronic copy in searchable
PDF format at minimum resolution of 300 dpi.
CHANGES TO SCOPE OF WORK
Task Number: 4 Task Cost: $5,118,690.00
Task Title: Construction
Task Description:
A. The RECIPIENT shall include ECOLOGY’s specification insert in the bid documents. The RECIPIENT shall execute a
contract with the lowest responsive responsible bidder to construct the PROJECT. The RECIPIENT shall submit Bid Tabs,
the Notice of Award, and a copy of the executed contract before ECOLOGY shall provide reimbursement for work
performed under this task.
B. The RECIPIENT shall complete construction of the grinder pumps, pipelines, an upland 3 inch low pressure sewer (LPS)
main and an upland large diameter force main (12 inch diameter) in accordance with the plans and specifications approved by
ECOLOGY.
C. The RECIPIENT shall conduct a pre-construction conference and invite ECOLOGY staff.
Task Goal Statement:
See Overall Goal.
Task Expected Outcome:
See Overall Goal.
Recipient Task Coordinator: William Davis
Deliverables
Number Description Due Date
4.1 Copy of the advertisement for bids with affidavit of publication, bid tabs
in Excel format, notice of award, notice to proceed, and a copy of the
executed construction contract.
4.2 Minutes of the pre-construction meeting.
4.3 Certification that the Financial Sustainability Plan has been developed and
is being implemented.
DocuSign Envelope ID: A645475C-D86A-4212-90B4-5FCC223AF034 State of Washington Department of Ecology
City of Bremerton
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1 Project
Agreement No. WQC-2018-BremPW-00117
Page 8 of 11
Template Version 10/30/2015
CHANGES TO SCOPE OF WORK
Task Number: 5 Task Cost: $361,729.00
Task Title: Change Order Allowance
Task Description:
A. The RECIPIENT shall negotiate all change orders to the construction contract necessary for successful completion of the
project.
B. The RECIPIENT shall submit the change orders to ECOLOGY for approval. Change orders that are a significant
deviation from the approved plans/specifications must be submitted for approval, prior to execution. All other change orders
must be submitted within 30 days after execution.
Task Goal Statement:
See Overall Goal.
Task Expected Outcome:
See Overall Goal.
Recipient Task Coordinator: William Davis
Deliverables
Number Description Due Date
5.1 Change Order Justifications if needed.
5.2 Executed change orders with backup documentation and professional
engineer seal and signature.
CHANGES TO SCOPE OF WORK
Task Number: 6 Task Cost: $130,000.00
Task Title: Cultural Resource Management/Monitoring
Task Description:
A. The RECIPIENT will negotiate all change orders to the construction contract necessary for successful completion of the
project.
B. The RECIPIENT will submit the change orders to ECOLOGY for approval. Change orders that are a significant deviation
from the approved plans/specifications will be submitted for approval, prior to execution. All other change orders will be
submitted within 30 days after execution.
DocuSign Envelope ID: A645475C-D86A-4212-90B4-5FCC223AF034 State of Washington Department of Ecology
City of Bremerton
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1 Project
Agreement No. WQC-2018-BremPW-00117
Page 9 of 11
Template Version 10/30/2015
Task Goal Statement:
See Overall Goals.
Task Expected Outcome:
See Overall Goals.
Deliverables
Number Description Due Date
6.1 A copy of all change orders
DocuSign Envelope ID: A645475C-D86A-4212-90B4-5FCC223AF034 State of Washington Department of Ecology
City of Bremerton
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1 Project
Agreement No. WQC-2018-BremPW-00117
Page 10 of 11
Template Version 10/30/2015
Funding Distribution Summary
Recipient / Ecology Share
Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total
SRF Loan 0 % $ 0.00 $ 7,000,419.00 $ 7,000,419.00
Total $ 0.00 $ 7,000,419.00 $ 7,000,419.00
DocuSign Envelope ID: A645475C-D86A-4212-90B4-5FCC223AF034 State of Washington Department of Ecology
City of Bremerton
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1 Project
Agreement No. WQC-2018-BremPW-00117
Page 11 of 11
Template Version 10/30/2015
AUTHORIZING SIGNATURES
All other terms and conditions of the original Agreement including any Amendments remain in full force and effect , except as
expressly provided by this Amendment.
The signatories to this Amendment represent that they have the authority to execute this Amendment and bind their respective
organizations to this Amendment.
This amendment will be effective 04/30/2021.
IN WITNESS WHEREOF: the parties hereto, having read this Amendment in its entirety, including all attachments, do agree in
each and every particular and have thus set their hands hereunto.
Washington State
Department of Ecology
City of Bremerton
By:
Vincent McGowan, P.E.
Water Quality
Program Manager
Template Approved to Form by
Attorney General's Office
Date Greg Wheeler
Mayor
Date
By: 7/19/2021 08/03/2021