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HomeMy WebLinkAbout6661 r CITY OF BREMERTON THE CITY OF PRIDE AND OPPORTUNITY Date: June 7, 2024 Shannon & Wilson, Inc. ATTN: Paul Van Home 400 N 34th Street, Suite 100 Seattle, WA 98103 Re: Kitsap Lake Stormwater Treatment Retrofit/ Project No. 879 CONTRACT EXTENSION TO CONTRACT NO. 6661 Dear Paul: The City is extending the completion date of the aforementioned contract. Delays in completing tasks were caused by an extension of the drilling schedule. The new contract end date is December 31 , 2024. Kindly provide written confirmation of your agreement to Angela Hoover at the following address; City of Bremerton 345 6th Street, Suite 100 Bremerton, WA 98337-1891 And via email at david.dinkuhn@bremertonwa.gov. If you have any questions, I can be reached by phone at (360) 473-5331 or by email at the aforementioned email address. We look forward to continuing to work with you on this project. Sincerely, David Digitally signed by David Dinkuhn Dinkuhn Date:2024.06.07 12:54:17-07'00' David Dinkuhn Stormwater Project Manager Cc: Project File Ryan Nash, Project Assistant Melinda Monroe, Contracts Administrator 1909-01 Public Works&Utilities 1 345 6th Street,Suite 100,Bremerton,WA 98337*Phone(360)473-5270 *Fax(360)473-5398 Working for and with our residents to establish Bremerton as Puget Sound's most beautiful and livable waterfront city! r CITY OF BREMERTON THE CITY OF PRIDE AND OPPORTUNITY Date: June 7, 2024 Shannon & Wilson, Inc. ATTN: Paul Van Home 400 N 34th Street, Suite 100 Seattle, WA 98103 Re: Kitsap Lake Stormwater Treatment Retrofit/ Project No. 879 CONTRACT EXTENSION TO CONTRACT NO. 6661 Dear Paul: The City is extending the completion date of the aforementioned contract. Delays in completing tasks were caused by an extension of the drilling schedule. The new contract end date is December 31 , 2024. Kindly provide written confirmation of your agreement to Angela Hoover at the following address; City of Bremerton 345 6th Street, Suite 100 Bremerton, WA 98337-1891 And via email at david.dinkuhn@bremertonwa.gov. If you have any questions, I can be reached by phone at (360) 473-5331 or by email at the aforementioned email address. We look forward to continuing to work with you on this project. Sincerely, David Digitally signed by David Dinkuhn Dinkuhn Date:2024.06.07 12:54:17-07'00' David Dinkuhn Stormwater Project Manager Cc: Project File Ryan Nash, Project Assistant Melinda Monroe, Contracts Administrator 1909-01 Public Works&Utilities 1 345 6th Street,Suite 100,Bremerton,WA 98337*Phone(360)473-5270 *Fax(360)473-5398 Working for and with our residents to establish Bremerton as Puget Sound's most beautiful and livable waterfront city! DocuSign Envelope ID: 1C4B148C-B168-4347-9B6F-35D5E1ACC204 110^— gltWil4t4%1 01/4 _- �=�\6r s_ CITY OF BREMERTON THE CITY OF PRIDE AND OPPORTUNITY Executive Correspondence Routing Memo Requires City Council Approval? Yes ❑ No El Greensheet No.: 240066 Date: January 23, 2024 Subject: Kitsap Lake Stormwater Treatment Retrofit Geotechnical Consultant Selection/PSA Type: ® A/E (Arch, LA, Eng, Survey) ❑ Non-A/E ❑ Materials 0 Public Work Description: Professional Services Agreement with Shannon and Wilson, Inc. to provide geotechnical services for the Kitsap Lake Stormwater Treatment Retrofit project, which includes drilling and sampling, laboratory testing, data analysis, and preparation of geotechnical report. MSRC SOQ evaluation was used for selection. A scope of work was submitted, and the contract was negotiated in the amount of$20,413. Fiscal Impact: Project costs included in project budget, a combination of Ecology grant funds and City funds from the 2024 Stormwater Utility Budget. Action Requested: Review and signature, return to Ryan Nash. Mayor is signature authority, per BMC 2.76.100. DLD Originated by: David Dinkuhn, Stormwater Project Manager Approval/ Recommendation: Managing Engineer: Initials/date 9" 2/6/2024 City Engineer: Initials/date Ned Levera` a =� Digitally signed by Torn Knuckey Public Works Director: Initials/date Tom Knuckey-080.2O24.gz.,2,4:,�:,3 Contract Administrator: LASERFICHE Finance: LASERFICHE City Attorney: LASERFICHE/DOCUSIGN Other party to agreement.: DOCUSIGN Mayor: DOCUSIGN City Clerk: DOCUSIGN Please advise Ryan Nash/David Dinkuhn when executed. Thank you! Public Works& Utilities 1345 6th Street,Suite 100,Bremerton,WA 98337*Phone(360)473-5270*Fax(360)473-5398 Working for and with our residents to establish Bremerton as Puget Sound's most beautiful and livable wateif ront city! DocuSign Envelope ID: 1C4B148C-B168-4347-9B6F-35D5E1ACC204 PROFESSIONAL SERVICES AGREEMENT Kitsap Lake Stormwater Treatment Retrofit- #879 The City of Bremerton ("City") and Shannon and Wilson, Inc. ("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 2, 2024, including any attachments thereto , attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H 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 X.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$20,413. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit B 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. The Consultant's labor rates and billing fees shall be as delineated in Exhibit B. 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 and, if not otherwise provided, such compensation shall be in accordance with Exhibit B. 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. 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 Page 1 of 8 Bremerton/Shannon&Wilson,Inc. Kitsap Lake Stormwater Treatment Retrofit-#879 Rev. 04/2023 DocuSign Envelope ID: 1C4B148C-B168-4347-9B6F-35D5E1ACC204 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 the Consultant's negligent or wrongful non-performance or performance of this Agreement except for that portion of the injuries and damages caused by the City's negligence, 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 FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. Page 2 of 8 Bremerton/Shannon&Wilson,Inc. Kitsap Lake Stormwater Treatment Retrofit-#879 Rev. 04/2023 DocuSign Envelope ID: 1C4B148C-B168-4347-9B6F-35D5E1ACC204 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 operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate; and 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim; and 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than$1,000,000. 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 and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any Page 3 of 8 Bremerton/Shannon&Wilson,Inc. Kitsap Lake Stormwater Treatment Retrofit-#879 Rev.04/2023 DocuSign Envelope ID: 1C4B148C-B168-4347-9B6F-35D5E1ACC204 operations, liabilities and obligations to which coverage applies. 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 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension 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. In the event that the Consultant employs other consultants or Consultants (sub-consultants or sub-Consultants) as part of the work covered by this Agreement, it shall be the Consultant's responsibility to require and confirm that each sub-consultant or sub-Consultant meets the minimum insurance requirements specified above. The Consultant shall,upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. 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 Seattle, 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. Page 4 of 8 Bremerton/Shannon&Wilson,Inc. Kitsap Lake Stormwater Treatment Retrofit-#879 Rev. 04/2023 DocuSign Envelope ID: 1C4B148C-B168-4347-9B6F-35D5E1ACC204 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 reasonably 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 reasonably necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss 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 Seattle, 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 1st 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. Notices to be sent to: Notices to be sent to: CITY: CONSULTANT: Attn: David Dinkuhn Attn: Paul Van Home City of Bremerton Shannon& Wilson, Inc. 345 6th Street, Suite 100 400 N 34th Street, Suite 100 Bremerton, WA 98337-1891 Seattle, WA 98103 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. Page 5 of 8 Bremerton/Shannon&Wilson, Inc. Kitsap Lake Stormwater Treatment Retrofit-#879 Rev. 04/2023 j DocuSign Envelope ID: 1C4B148C-B168-4347-9B6F-35D5E1ACC204 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. 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 Consultant without the written consent of the City shall be void. VIII. Equal Employment Opportunity Statement: In the hiring of employees for the performance of work under this Agreement, the Consultant, its subConsultants, or any person acting on behalf of Consultant shall not discriminate in any employment practice on the basis of age(40+), sex,race,creed,color,national origin, sexual orientation/gender identity,marital status, military status, or the presence of any physical, mental or sensory disability. IX. ADA Statement: The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. X. 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. Page 6 of 8 Bremerton/Shannon&Wilson, Inc. Kitsap Lake Stormwater Treatment Retrofit-#879 Rev. 04/2023 DocuSign Envelope ID: 1C4B148C-B168-4347-9B6F-35D5E1ACC204 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. XI. Suspension & Debarment. For contracts involving Washington State and 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 State or 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. IN WITNESS WHEREOF,the parties below have executed this Agreement. CITY: CONSULTANT: CITY OF BREMERTON Shannon & Wilson, Inc. DocuSigned by:: / By• • \—BAFE8E7� By: Print Name: dreg Wheeler Print Name: 'Fa - Vet K orKe Its: Mayor Its: Asso o 0.-te Date: 3/18/2024 Date: 3 -- IS- APPROVED AS TO FORM: ATTEST: Page 7 of 8 Bremerton/Shannon&Wilson,Inc. Kitsap Lake Stormwater Treatment Retrofit-#879 Rev. 04/2023 DocuSign Envelope ID: 1C4B148C-B168-4347-9B6F-35D5E1ACC204 DocuSigned by: DocuSigned by: By: litliduld By: a 14-66`At-r 5 2AC RE&3181-B04G 2 Kylie J. Finnell, Bremerton City Attorney Angela Ho 811&ErD,4 tqC-61/Clerk RALegailLegallForms\FORMS ON COBWEB\Professional Services Agreement Rev.04 2023.docx Page 8 of 8 Bremerton/Shannon& Wilson, Inc. Kitsap Lake Stormwater Treatment Retrofit-#879 Rev. 04/2023 DocuSign Envelope ID: 1C4B148C-B168-4347-9B6F-35D5E1ACC204 IIP SHANNON &WILSON Exhibit A February 2, 2024 Mr. David Dinkuhn,PE Stormwater Project Manager City of Bremerton 345 6th Street, Suite 100 Bremerton, WA 98337-1891 RE: REVISED PROPOSAL FOR GEOTECHNICAL SERVICES, KITSAP LAKE STORMWATER TREATMENT RETROFIT, BREMERTON, WASHINGTON Dear Mr. Dinkuhn: We are pleased to present this revised proposal to provide geotechnical services to support the Kitsap Lake Stormwater Treatment Retrofit Project(City of Bremerton [City] Project No. 879)near Kitsap Lake in Bremerton,Washington. Our services will be provided in support of the planned construction of two Biopod stormwater vaults for which temporary construction dewatering may be required. One of these vaults is in Basin 1B on Osprey Circle, adjacent to 6060 Osprey Circle;vault plan dimensions are approximately 8 by 47 feet. The second is in Basin 4, at 6816 Kitsap Way;vault plan dimensions are approximately 16 by 28 feet. We developed this scope of services based on your emailed request of December 12, 2023, and our subsequent conversations with you. We understand that City Project No. 879 requires the following geotechnical items be included to provide preliminary information to the Contractor for dewatering design: • Soil boring at each vault location, to approximately 20 feet below current ground surface. • Installation and development of an observation well in each soil boring. • Soil grain-size distribution analyses. We understand that construction will occur during the summer of 2025, and the soil borings are desired to be completed by March 2024. SCOPE OF SERVICES Our scope of services will consist of the following items: • Task 1 —Field Exploration: Drilling two test borings, one at or near the location of each vault referenced above. We will subcontract a drilling subcontractor to drill the test 400 North 34th Street,Suite 100 I PO Box 300303 I Seattle, Washington 98103-8636 1206-632-8020 www.shannonwilson.corn DocuSign Envelope ID: 1C4B148C-B168-4347-9B6F-35D5E1ACC204 Mr. David Dinkuhn, PE �� �� City of Bremerton SON February 2, 2024 borings at or adjacent to the proposed vault locations. We estimate that our field exploration can be completed in two days. - Utility location: We understand the City will white-line around each drilling site for utility locating. We assume the City will submit utility locate requests to the Washington State One-Call Utility Notification Center and will provide us the utility locate request notification numbers. We will provide that information to the drilling subcontractor and will duplicate the One-Call requests. - Temporary traffic control: During vacuum-excavation(potholing), drilling,well installation, and well development at the Basin 1B boring(Piezometer 1),we will provide temporary traffic control services in accordance with the Manual on Uniform Traffic Control Devices (MUTCD). No traffic control services will be provided for the Basin 4 boring(Piezometer 2). Traffic control devices for Piezometer 1 potholing, drilling, and well development are anticipated to consist of a Road Work Ahead(or similar) sign and traffic cones or candlesticks,using Figure 6H-6 of the MUTCD as a guide. - Potholing: Prior to drilling, due to the presence of nearby adjacent utilities (storm drain line and water line) by Piezometer 1, our drilling subcontractor will use a vacuum truck to "pothole" to below the anticipated depths of the nearby utilities (utility depths to be provided by the City). If a utility is encountered by a pothole and another pothole is needed, the first pothole will be backfilled with spoils and, if pavement is present at ground surface, topped with cold patch asphalt or concrete. Potholing will also be performed at Piezometer 2, per your emailed request dated February 2, 2024. - Drilling: Our drilling subcontractor will use hollow-stem auger drilling methods to collect drive samples in approximately 2.5-foot intervals,using standard penetration test methods. A truck-mounted drill rig is anticipated. Each boring is planned to extend to a maximum depth of approximately 20 to 21.5 feet below ground surface to facilitate the understanding of subsurface conditions (i.e., each will terminate with a drive sample drive collected at 20 feet). Drilling spoils will be taken off-site by the driller and disposed of as typical drilling waste. No environmental testing is included in this scope of work. - Observation wells: An observation well(2-inch polyvinyl chloride) with approximately 10 feet of machine-slotted screen will be installed in each borehole, and a flush-mounted 8-inch-diameter monument will be installed to protect each well. Screen depths will depend on the observed conditions but are anticipated to be terminated at or near the bottoms of the borings. If groundwater is encountered in a boring, the saturated portion of the screened interval will be developed during or shortly after well installation; development will be performed using either a combination check valve/surge block inertial pump (Waterra) or an electric submersible pump. Well development will be performed to clear the screens and sumps of sediment and improve connection to the surrounding aquifer;it will 112761-P Page 2 of 5 1 12761-P-U-Rev3.docx/wp/tvv DocuSign Envelope ID: 1C4B148C-B168-4347-9B6F-35D5E1ACC204 Mr. David Dinkuhn, PE NON fL City of Bremerton February 2, 2024 continue until the sediment has been removed and sediment content of the pumped water appears to have stabilized. No well transducers are included in this scope of work. • Task 2-Geological review and geotechnical laboratory testing: We will deliver the soil samples collected during Task 1 to our Seattle laboratory for geologic review and geotechnical laboratory testing. We will perform laboratory testing on selected soil samples to provide water content and grain-size distribution data for each boring. Anticipated tests include: - Water content: All (approximately 16) samples, except those for which insufficient recovery is obtained. - Combined grain-size distribution(sieve plus hydrometer): Up to four samples (two anticipated per boring), from soils that are anticipated to require construction dewatering. ■ Task 3-Preparing draft and final reports. - We will prepare a report summarizing the results of our subsurface explorations and laboratory analyses. Following a review of our draft report by the City design team, we will submit a final report. ASSUMPTIONS Our scope of services and estimated costs are based on the following assumptions: u The City will perform utility locate white-lining. ® A private utility locate will not be performed. • Surveying of the wells is not included in this scope of work. Approximate well locations will be obtained by measuring from on-site features. ® No right-of-way permits will be required by the City in preparation for the fieldwork. Right-of-entry will be provided by the City for Piezometer 2. Public notification, if required, will be performed by the City. "No Parking" signs will be placed by the City prior to the start of fieldwork. ▪ Fieldwork will take approximately two days (potholing, drilling,well installation,well development). • No hydrogeologic testing (e.g., slug tests, pumping tests) or measurement of groundwater quality parameters (e.g., pH, specific conductance, etc.) are included in this scope of services. No long-term groundwater level monitoring is included in this scope of services. These services can be included for an additional fee. ▪ Neither review of plans and specifications nor construction observation services are included in this scope of services. These services can be included for an additional fee. 112761-P Page 3 of 5 1 12761-P-L1-Rev3.docx/wp/Ivv DocuSign Envelope ID: 1C4B148C-B168-4347-9B6F-35D5E1ACC204 Mr. David Dinkuhn, PE '� City of Bremerton S NON El SON February 2, 2024 ® Our services will not include any environmental assessment or evaluation regarding the presence or absence of hazardous or toxic materials in the soil;surface water; groundwater; or air on,below, or around this site. We can provide these types of services for an additional fee. We assume all soils and groundwater at the proposed vault locations are uncontaminated. If not hauled away by the drilling subcontractor, the well development water from both wells may be discharged to the ground at the Piezometer 2 site,per your email dated December 20, 2023. ANTICIPATED SCHEDULE AND DELIVERABLES Following field explorations, we anticipate performance of the geotechnical laboratory testing and preparation of the draft report will take about five to seven weeks to be completed. Current driller availability is the end of March 2024. We will provide our findings in a letter report in a PDF format via email. Our findings may be provided over the phone or through email before the draft report is submitted. A summary of the anticipated schedule is as follows: u Notice to Proceed: On or before February 9, 2024 Y City white-lines drill sites for utility locating: On or before March 18, 2024 ® Submittal of public utility locating request: On or before March 19, 2024 (please note: this is dependent upon the white-lining having already been performed) ® Mobilization of driller, completion of borings,installation and development of observation wells:Week of March 25 to 29, 2024 u Completion of geotechnical laboratory soil tests:Week of April 29 to May 3, 2024 u Completion of draft report: May 17, 2024 ® Completion of final report: One week after receipt of City comments FEE ESTIMATE We are prepared to undertake the services described above on a general hourly basis in accordance with the City's Professional Services Agreement(PSA) with a modified indemnification clause. The total cost of our services included in this proposal is estimated to be$20,413. Our rates and direct costs are summarized in the enclosed Opinion of Probable Cost. 112761-P Page 4 of 5 1 12761-P-L 1-Rev3.docx/wp/tvv DocuSign Envelope ID: 1 C4B148C-B168-4347-9B6F-35D5E1 ACC204 Mr. David Dinkuhn, PE .III SHANNON EIWILSON City of Bremerton February 2, 2024 CLOSURE If the above-described scope of services is acceptable, please provide a PSA for signature. We have prepared the enclosure, "Important Information About Your Geotechnical/ Environmental Proposal," to assist you and others in understanding the use and limitations of our proposals. We appreciate the opportunity to submit this proposal and look forward to working with you on this project. If you have any questions regarding this proposal, please contact me at(206) 948-9094 or paul.vanhorne@shanwil.com. Sincerely, SHANNON & WILSON Digitally signed by Paul L.Van pax. /it-ent Horne ((,Gl.( (�if1L Date:2024.02.02 13:55:13-08'00' Paul L. Van Home, LHG Associate PVH:MWP/pvh Enc. Table 1 —Opinion of Probable Cost Important Information About Your Geotechnical/Environmental Proposal 112761-P Page 5 of 5 1 12761-P-L1-Rev3.docx/wp/tvv DocuSign Envelope ID: 1C4B148C-B168-4347-9B6F-35D5E1ACC204 (Exhibit B Elll SHANNON 6WILSON Revised Proposal for Geotechnical Services Kitsap Lake Stormwater Treatment Retrofit Bremerton,Washington Table 1: Opinion of Probable Cost Staff Level Quantity (unit) Rate Subtotal Project Management,Planning,and Coordination Vice President(Principal in Charge) 1 hrs $310.00/hr $310 Associate(Project Manager) 4 hrs $230.00/hr $920 Professional III(Field Staff) 1 hrs $140.00/hr $140 Senior Offices Services 1 hrs $155.00/hr $155 Subtotal $1,525 $1,525 Task 1—Field Exploration(Drilling&Well Development) Associate(Project Manager) 2 hrs $230.00/hr $460 Professional III(Field Staff) 24.5 hrs $140.00/hr $3,430 Subtotal $3,890 $3,890 Task 2—Geologic Review,Laboratory Testing Coordination,and Log Preparation Associate(Project Manager) 2 hrs $230.00/hr $460 Professional III(Field Staff) 3 hrs $140.00/hr $420 Senior Offices Services 1 hrs $155.00/hr $155 Subtotal $1,035 $1,035 Task 3—Reporting Vice President(Principal in Charge) 1 hrs $310.00/hr $310 Associate(Project Manager) 3 hrs $230.00/hr $690 Professional Ill(Field Staff) 16 hrs $140.00/hr $2,240 Senior Offices Services 3 hrs $155.00/hr $465 Subtotal $3,705 $3,705 Reimbursables Drilling Subcontract $7,234 Markup(10%) $723 Laboratory Testing Water Content(ASTM D2216) 16 ea $25.00/ea $400 Combined Analysis(ASTM D7928/D6913) 4 ea $330.00/ea $1,320 Soil Sample Jars(90-Day Storage) 2 ea $54.00/box of 12 $108 Field Equipment Water Level Indicator 2 days $15.00/day $30 Misc.Field Supplies 2 days $10.00 /day $20 Waterra Motor 1 days $60.00/day $60 Generator 1 days $35.00/day $35 Waterra Tubing 30 ft $0.40/ft $12 Travel&Lodging Mileage 164 ea $0,67/ea $110 Per Diem(Travel Days) 2 days $44.25/day $89 Lodging 1 days $116.84 /day $117 Subtotal $10,258 $10,258 Estimate of Probable Costs $20,413 Notes: ea=each;ft=foot;hr=hour 1 12761-P 1 12761-P-L1-Rev3-T1.xlsx-2/2/2024/wp/axg DocuSign Envelope ID: 1C4B148C-B168-4347-9B6F-35D5E1ACC204 6 Mr.David Dinlcului,PE III SHANNON �WIt SON City of Bremerton IMPORTANT INFORMATION ABOUT YOUR GEOTECHNICAL/ENVIRONMENTAL PROPOSAL More construction problems are caused by site subsurface conditions than any other factor.The following suggestions and observations are offered to help you manage your risks. HAVE REALISTIC EXPECTATIONS. If you have never before dealt with geotechnical or environmental issues,you should recognize that site exploration identifies actual subsurface conditions at those points where samples are taken,at the time they are taken. The data derived are extrapolated by the consultant,who then applies judgment to render an opinion about overall subsurface conditions;their reaction to construction activity; appropriate design of foundations, slopes,impoundments,and recovery wells;and other construction and/or remediation elements. Even under optimal circumstances, actual conditions may differ from those inferred to exist,because no consultant,no matter how qualified,and no subsurface program,no matter how comprehensive,can reveal what is hidden by earth, rock, and time. DEVELOP THE SUBSURFACE EXPLORATION PLAN WITH CARE. The nature of subsurface explorations—the types,quantities,and locations of procedures used—in large measure determines the effectiveness of the geotechnical/environmental report and the design based upon it. The more comprehensive a subsurface exploration and testing program,the more information it provides to the consultant, helping to reduce the risk of unanticipated conditions and the attendant risk of costly delays and disputes. Even the cost of subsurface construction may be lowered. Developing a proper subsurface exploration plan is a basic element of geotechnical/environmental design that should be accomplished jointly by the consultant and the client(or designated professional representatives). This helps the parties involved recognize mutual concerns and makes the client aware of the technical options available. Clients who develop a subsurface exploration plan without the involvement and concurrence of a consultant may be required to assume responsibility and liability for the plan's adequacy. READ GENERAL CONDITIONS CAREFULLY. Most consultants include standard general contract conditions in their proposals. One of the general conditions most commonly employed is to limit the consulting firm's liability. Known as a"risk allocation" or"limitation of liability," this approach helps prevent problems at the beginning and establishes a fair and reasonable framework for handling them should they arise. Various other elements of general conditions delineate your consultant's responsibilities. These are used to help eliminate confusion and misunderstandings,thereby helping all parties recognize who is responsible for different tasks. In all cases,read your consultant's general conditions carefully and ask any questions you may have. HAVE YOUR CONSULTANT WORK WITH OTHER DESIGN PROFESSIONALS. Costly problems can occur when other design professionals develop their plans based on misinterpretations of a consultant's report. To help avoid misinterpretations,retain your consultant to work with other project design professionals who are affected by the geotechnical/environmental report. This allows a consultant to explain report implications to design professionals affected by them, and to review their plans and specifications so that issues can be dealt with adequately. Although some other design professionals may be familiar with geotechnical/environmental concerns,none knows as much about them as a competent consultant. 1 12761-P Page 1 of 2 February 2, 2024 (1/2023) DocuSign Envelope ID: 1C4B148C-B168-4347-9B6F-35D5E1ACC204 g 1 ;1, Mr. David Dinkuhn,PE City of Bremerton OBTAIN CONSTRUCTION MONITORING SERVICES. Most experienced clients also retain their consultant to serve during the construction phase of their projects. Involvement during the construction phase is particularly important because this permits the consultant to be on hand quickly to evaluate unanticipated conditions,conduct additional tests if required,and when necessary, recommend alternative solutions to problems. The consultant can also monitor the geotechnical/environmental work performed by contractors. It is essential to recognize that the construction recommendations included in a report are preliminary,because they must be based on the assumption that conditions revealed through selective exploratory sampling are indicative of actual conditions throughout a site. Because actual subsurface conditions can be discerned only during earthwork and/or drilling, design consultants need to observe those conditions in order to provide their recommendations. Only the consultant who prepares the report is fully familiar with the background information needed to determine whether or not the report's recommendations are valid. The consultant submitting the report cannot assume responsibility or liability for the adequacy of preliminary recommendations if another party is retained to observe construction. REALIZE THAT ENVIRONMENTAL ISSUES MAY NOT HAVE BEEN ADDRESSED. If you have requested only a geotechnical engineering proposal,it will not include services needed to evaluate the likelihood of contamination by hazardous materials or other pollutants. Given the liabilities involved, it is prudent practice to always have a site reviewed from an environmental viewpoint. A consultant cannot be responsible for failing to detect contaminants when the services needed to perform that function are not being provided. ONE OF THE OBLIGATIONS OF YOUR CONSULTANT IS TO PROTECT THE SAFETY, PROPERTY, AND WELFARE OF THE PUBLIC. A geotechnical/environmental investigation will sometimes disclose the existence of conditions that may endanger the safety,health,property, or welfare of the public. Your consultant may be obligated under rules of professional conduct,or statutory or common law, to notify you and others of these conditions. RELY ON YOUR CONSULTANT FOR ADDITIONAL ASSISTANCE. Your consulting firm is familiar with several techniques and approaches that can be used to help reduce risk exposure for all parties to a construction project, from design through construction. Ask your consultant,not only about geotechnical and environmental issues,but others as well, to learn about approaches that may be of genuine benefit. The preceding paragraphs are based on information provided by the Geoprofessional Business Association (https://www.geoprofessional.org) 1 1 2761-P Page 2 of 2 February 2, 2024 (1/2023) DocuSign Envelope ID: 1C4B148C-B168-4347-9B6F-35D5E1ACC204 Action History (UTC-08:00)Pacific Time(US&Canada) Submit by Ryan Nash 2/20/2024 7:25:16 AM(Start) Approve by Melinda Monroe 2/20/2024 4:49:08 PM(Contracts SME:Approve/Reject) • The task was assigned to Melinda Monroe 2/20/2024 7:25 AM Approve by Mike Riley 2/26/2024 4:12:20 PM(Finance Review:Approve/Reject) • Hans Nilsson reassigned the task to Mike Riley 2/26/2024 2:07 PM • Hans Nilsson reassigned the task to Sheri Jackson 2/21/2024 2:37 PM Mike R out of office • The task was assigned to Mike Riley 2/20/2024 4:49 PM Approve by Stephanie Olson 2/26/2024 4:40:32 PM(Legal Review:Approve/Reject) • Stephanie Olson assigned the task to Stephanie Olson 2/26/2024 4:40 PM • The task was assigned to Legal 2/26/2024 4:12 PM DocuSign Envelope ID: 1C4B148C-B168-4347-9B6F-35D5E1ACC204 Contract approval submission REMERTON Submission Information Submitter Ryan Nash-Ryan.Nash@ci.bremerton.wa.us Submission Priority* Initial Submission Type* New contract Previous Contract Contract Type* Professional services Department* Public Works&Utility Division* Engineering Company/Entity* Shannon and Wilson, Inc. Contract/Project Kitsap Lake Stormwater Treatment Retrofit-879 Name* Short description.Something to help identify the contract.E.g."Lower Lebo paving","Off duty agreement" Effective Date Desired start date of contract term,may not be required. Expiration Date Expected expire dated,may not be required. Renewal Date 2/20/2024 The date to start reviewing if current contract should be renewed Contract Cost* $20,413.00 Total estimated budget amount for entire contract term,including taxes. Contract Upload* Routing Memo_Consultant Selection_SW 201.23KB 020224.pdf Professional Services Agreement-S&W REV1.pdf 134.77KB 20240202_S&W SOW.pdf 410.2KB Green Sheet 240066.pdf 631.75KB Max allowed 5 Vendor Approved* Yes No N/A Has the vendor approved this contract Submission Notes Insurance will be uploaded separately. Mayor is signature authority, per BMC 2.76.100. Instructions or comments for reviewer Signatures COB Signer Name Thomas Knuckey DocuSign Envelope ID: 1C4B148C-B168-4347-9B6F-35D5E1ACC204 COB Signer Title Director of Public Works&Utilities Vendor Signer Paul Van Home Name* Name of signer with authority to sign the contract Vendor Title* Associate Title of signer Vendor Email* paul.vanhorne@shanwil.com Email where DocuSign will send contract Contract Administrator Review Legal Signer* Mychael Raya Contract Administrator Upload Legal Review Legal Review Upload I ' DocuSign Envelope ID: 1C4B148C-B168-4347-9B6F-35D5E1ACC204 Bremerton City Attorney Contract Review Sheet GENERAL CITY ATTORNEY TRACKING# 240066 Date Received: 1/26/24 Contractor: Shannon and Wilson, Inc. Purpose: PSA - Kitsap Lake Stormwater Treatment Retrofit Contract Amount: $ 19,913 Contract Term: 2/9/24 - 5/17/24 Originator/Department Contact: Ryan/Engineering Phone: X5029 Request Comments By: RISK MANAGER REVIEW ❑ APPROVE ❑ NOT APPROVE Reviewer Initials: SNO Date: 1/26/24 Comments: Need COI and insurance endorsement pages for: 1) Additional Insured; 2) Primary and Non-contributory Insurance; 3) Waiver of Subrogation CITY ATTORNEY 0 APPROVE ❑ NOT APPROVE ❑ Needs to go to Council Reviewer Initials: MRR Date: 1.31.24 Comments: Approve PSA but see notes re: Shannon & Wilson terms and conditions. ROUTED TO R:\LEGAL\Contracts\FORMS\Contract Review Request.doc ****Attorney-Client Communication. Not for Dissemination**** PROFESSIONAL SERVICES AGREEMENT Kitsap Lake Stormwater Treatment Retrofit- #879 The City of Bremerton ("City") and Shannon and Wilson, Inc. ("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 2, 2024, including any attachments thereto , attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H 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 X.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$20,413. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit B 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. The Consultant's labor rates and billing fees shall be as delineated in Exhibit B. 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 and, if not otherwise provided, such compensation shall be in accordance with Exhibit B. 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. 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 Page 1 of 8 Bremerton/Shannon&Wilson,Inc. Kitsap Lake Stormwater Treatment Retrofit-#879 Rev. 04/2023 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 the Consultant's negligent or wrongful non-performance or performance of this Agreement except for that portion of the injuries and damages caused by the City's negligence, 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 FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. Page 2 of 8 Bremerton/Shannon&Wilson,Inc. Kitsap Lake Stormwater Treatment Retrofit-#879 Rev. 04/2023 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 operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate; and 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim; and 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than$1,000,000. 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 and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any Page 3 of 8 Bremerton/Shannon&Wilson,Inc. Kitsap Lake Stormwater Treatment Retrofit-#879 Rev.04/2023 operations, liabilities and obligations to which coverage applies. 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 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension 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. In the event that the Consultant employs other consultants or Consultants (sub-consultants or sub-Consultants) as part of the work covered by this Agreement, it shall be the Consultant's responsibility to require and confirm that each sub-consultant or sub-Consultant meets the minimum insurance requirements specified above. The Consultant shall,upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. 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 Seattle, 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. Page 4 of 8 Bremerton/Shannon&Wilson,Inc. Kitsap Lake Stormwater Treatment Retrofit-#879 Rev. 04/2023 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 reasonably 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 reasonably necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss 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 Seattle, 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 1st 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. Notices to be sent to: Notices to be sent to: CITY: CONSULTANT: Attn: David Dinkuhn Attn: Paul Van Home City of Bremerton Shannon& Wilson, Inc. 345 6th Street, Suite 100 400 N 34th Street, Suite 100 Bremerton, WA 98337-1891 Seattle, WA 98103 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. Page 5 of 8 Bremerton/Shannon&Wilson, Inc. Kitsap Lake Stormwater Treatment Retrofit-#879 Rev. 04/2023 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. 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 Consultant without the written consent of the City shall be void. VIII. Equal Employment Opportunity Statement: In the hiring of employees for the performance of work under this Agreement, the Consultant, its subConsultants, or any person acting on behalf of Consultant shall not discriminate in any employment practice on the basis of age(40+), sex,race,creed,color,national origin, sexual orientation/gender identity,marital status, military status, or the presence of any physical, mental or sensory disability. IX. ADA Statement: The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. X. 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. Page 6 of 8 Bremerton/Shannon&Wilson, Inc. Kitsap Lake Stormwater Treatment Retrofit-#879 Rev. 04/2023 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. XI. Suspension & Debarment. For contracts involving Washington State and 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 State or 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. IN WITNESS WHEREOF,the parties below have executed this Agreement. CITY: CONSULTANT: CITY OF BREMERTON Shannon & Wilson, Inc. By: By: I / Vet`` /1-C 6"-(--- Print Name: Greg Wheeler Print Name: 'Fa - V'li K oroe Its: Mayor Its: Asso o 0.-te Date: Date: 3 -- IS- APPROVED AS TO FORM: ATTEST: Page 7 of 8 Bremerton/Shannon&Wilson,Inc. Kitsap Lake Stormwater Treatment Retrofit-#879 Rev. 04/2023 By: By: Kylie J. Finnell, Bremerton City Attorney Angela Hoover, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Professional Services Agreement Rev.04 2023.docx Page 8 of 8 Bremerton/Shannon& Wilson, Inc. Kitsap Lake Stormwater Treatment Retrofit-#879 Rev. 04/2023 IIP SHANNON &WILSON Exhibit A February 2, 2024 Mr. David Dinkuhn,PE Stormwater Project Manager City of Bremerton 345 6th Street, Suite 100 Bremerton, WA 98337-1891 RE: REVISED PROPOSAL FOR GEOTECHNICAL SERVICES, KITSAP LAKE STORMWATER TREATMENT RETROFIT, BREMERTON, WASHINGTON Dear Mr. Dinkuhn: We are pleased to present this revised proposal to provide geotechnical services to support the Kitsap Lake Stormwater Treatment Retrofit Project(City of Bremerton [City] Project No. 879)near Kitsap Lake in Bremerton,Washington. Our services will be provided in support of the planned construction of two Biopod stormwater vaults for which temporary construction dewatering may be required. One of these vaults is in Basin 1B on Osprey Circle, adjacent to 6060 Osprey Circle;vault plan dimensions are approximately 8 by 47 feet. The second is in Basin 4, at 6816 Kitsap Way;vault plan dimensions are approximately 16 by 28 feet. We developed this scope of services based on your emailed request of December 12, 2023, and our subsequent conversations with you. We understand that City Project No. 879 requires the following geotechnical items be included to provide preliminary information to the Contractor for dewatering design: • Soil boring at each vault location, to approximately 20 feet below current ground surface. • Installation and development of an observation well in each soil boring. • Soil grain-size distribution analyses. We understand that construction will occur during the summer of 2025, and the soil borings are desired to be completed by March 2024. SCOPE OF SERVICES Our scope of services will consist of the following items: • Task 1 —Field Exploration: Drilling two test borings, one at or near the location of each vault referenced above. We will subcontract a drilling subcontractor to drill the test 400 North 34th Street,Suite 100 I PO Box 300303 I Seattle, Washington 98103-8636 1206-632-8020 www.shannonwilson.corn Mr. David Dinkuhn, PE �� �� City of Bremerton SON February 2, 2024 borings at or adjacent to the proposed vault locations. We estimate that our field exploration can be completed in two days. - Utility location: We understand the City will white-line around each drilling site for utility locating. We assume the City will submit utility locate requests to the Washington State One-Call Utility Notification Center and will provide us the utility locate request notification numbers. We will provide that information to the drilling subcontractor and will duplicate the One-Call requests. - Temporary traffic control: During vacuum-excavation(potholing), drilling,well installation, and well development at the Basin 1B boring(Piezometer 1),we will provide temporary traffic control services in accordance with the Manual on Uniform Traffic Control Devices (MUTCD). No traffic control services will be provided for the Basin 4 boring(Piezometer 2). Traffic control devices for Piezometer 1 potholing, drilling, and well development are anticipated to consist of a Road Work Ahead(or similar) sign and traffic cones or candlesticks,using Figure 6H-6 of the MUTCD as a guide. - Potholing: Prior to drilling, due to the presence of nearby adjacent utilities (storm drain line and water line) by Piezometer 1, our drilling subcontractor will use a vacuum truck to "pothole" to below the anticipated depths of the nearby utilities (utility depths to be provided by the City). If a utility is encountered by a pothole and another pothole is needed, the first pothole will be backfilled with spoils and, if pavement is present at ground surface, topped with cold patch asphalt or concrete. Potholing will also be performed at Piezometer 2, per your emailed request dated February 2, 2024. - Drilling: Our drilling subcontractor will use hollow-stem auger drilling methods to collect drive samples in approximately 2.5-foot intervals,using standard penetration test methods. A truck-mounted drill rig is anticipated. Each boring is planned to extend to a maximum depth of approximately 20 to 21.5 feet below ground surface to facilitate the understanding of subsurface conditions (i.e., each will terminate with a drive sample drive collected at 20 feet). Drilling spoils will be taken off-site by the driller and disposed of as typical drilling waste. No environmental testing is included in this scope of work. - Observation wells: An observation well(2-inch polyvinyl chloride) with approximately 10 feet of machine-slotted screen will be installed in each borehole, and a flush-mounted 8-inch-diameter monument will be installed to protect each well. Screen depths will depend on the observed conditions but are anticipated to be terminated at or near the bottoms of the borings. If groundwater is encountered in a boring, the saturated portion of the screened interval will be developed during or shortly after well installation; development will be performed using either a combination check valve/surge block inertial pump (Waterra) or an electric submersible pump. Well development will be performed to clear the screens and sumps of sediment and improve connection to the surrounding aquifer;it will 112761-P Page 2 of 5 1 12761-P-U-Rev3.docx/wp/tvv Mr. David Dinkuhn, PE NON fL City of Bremerton February 2, 2024 continue until the sediment has been removed and sediment content of the pumped water appears to have stabilized. No well transducers are included in this scope of work. • Task 2-Geological review and geotechnical laboratory testing: We will deliver the soil samples collected during Task 1 to our Seattle laboratory for geologic review and geotechnical laboratory testing. We will perform laboratory testing on selected soil samples to provide water content and grain-size distribution data for each boring. Anticipated tests include: - Water content: All (approximately 16) samples, except those for which insufficient recovery is obtained. - Combined grain-size distribution(sieve plus hydrometer): Up to four samples (two anticipated per boring), from soils that are anticipated to require construction dewatering. ® Task 3-Preparing draft and final reports. - We will prepare a report summarizing the results of our subsurface explorations and laboratory analyses. Following a review of our draft report by the City design team, we will submit a final report. ASSUMPTIONS Our scope of services and estimated costs are based on the following assumptions: ® The City will perform utility locate white-lining. ® A private utility locate will not be performed. • Surveying of the wells is not included in this scope of work. Approximate well locations will be obtained by measuring from on-site features. ® No right-of-way permits will be required by the City in preparation for the fieldwork. Right-of-entry will be provided by the City for Piezometer 2. Public notification, if required, will be performed by the City. "No Parking" signs will be placed by the City prior to the start of fieldwork. ▪ Fieldwork will take approximately two days (potholing, drilling,well installation,well development). • No hydrogeologic testing (e.g., slug tests, pumping tests) or measurement of groundwater quality parameters (e.g., pH, specific conductance, etc.) are included in this scope of services. No long-term groundwater level monitoring is included in this scope of services. These services can be included for an additional fee. ▪ Neither review of plans and specifications nor construction observation services are included in this scope of services. These services can be included for an additional fee. 112761-P Page 3 of 5 1 12761-P-L1-Rev3.docx/wp/Ivv Mr. David Dinkuhn, PE '� City of Bremerton S NON El SON February 2, 2024 ® Our services will not include any environmental assessment or evaluation regarding the presence or absence of hazardous or toxic materials in the soil;surface water; groundwater; or air on,below, or around this site. We can provide these types of services for an additional fee. We assume all soils and groundwater at the proposed vault locations are uncontaminated. If not hauled away by the drilling subcontractor, the well development water from both wells may be discharged to the ground at the Piezometer 2 site,per your email dated December 20, 2023. ANTICIPATED SCHEDULE AND DELIVERABLES Following field explorations, we anticipate performance of the geotechnical laboratory testing and preparation of the draft report will take about five to seven weeks to be completed. Current driller availability is the end of March 2024. We will provide our findings in a letter report in a PDF format via email. Our findings may be provided over the phone or through email before the draft report is submitted. A summary of the anticipated schedule is as follows: ® Notice to Proceed: On or before February 9, 2024 Y City white-lines drill sites for utility locating: On or before March 18, 2024 ® Submittal of public utility locating request: On or before March 19, 2024 (please note: this is dependent upon the white-lining having already been performed) ® Mobilization of driller, completion of borings,installation and development of observation wells:Week of March 25 to 29, 2024 ® Completion of geotechnical laboratory soil tests:Week of April 29 to May 3, 2024 ® Completion of draft report: May 17, 2024 ® Completion of final report: One week after receipt of City comments FEE ESTIMATE We are prepared to undertake the services described above on a general hourly basis in accordance with the City's Professional Services Agreement(PSA) with a modified indemnification clause. The total cost of our services included in this proposal is estimated to be$20,413. Our rates and direct costs are summarized in the enclosed Opinion of Probable Cost. 112761-P Page 4 of 5 1 12761-P-L 1-Rev3.docx/wp/tvv Mr. David Dinkuhn, PE all SHANNON EIWILSON City of Bremerton February 2, 2024 CLOSURE If the above-described scope of services is acceptable, please provide a PSA for signature. We have prepared the enclosure, "Important Information About Your Geotechnical/ Environmental Proposal," to assist you and others in understanding the use and limitations of our proposals. We appreciate the opportunity to submit this proposal and look forward to working with you on this project. If you have any questions regarding this proposal, please contact me at(206) 948-9094 or paul.vanhorne@shanwil.com. Sincerely, SHANNON & WILSON Digitally signed by Paul L.Van pax. /it-ent Horne ((,Gl.( (�if1L Date:2024.02.02 13:55:13-08'00' Paul L. Van Home, LHG Associate PVH:MWP/pvh Enc. Table 1 —Opinion of Probable Cost Important Information About Your Geotechnical/Environmental Proposal 112761-P Page 5 of 5 1 12761-P-L1-Rev3.docx/wp/ivv (Exhibit B Elll SHANNON 6WILSON Revised Proposal for Geotechnical Services Kitsap Lake Stormwater Treatment Retrofit Bremerton,Washington Table 1: Opinion of Probable Cost Staff Level Quantity (unit) Rate Subtotal Project Management,Planning,and Coordination Vice President(Principal in Charge) 1 hrs $310.00/hr $310 Associate(Project Manager) 4 hrs $230.00/hr $920 Professional III(Field Staff) 1 hrs $140.00/hr $140 Senior Offices Services 1 hrs $155.00/hr $155 Subtotal $1,525 $1,525 Task 1—Field Exploration(Drilling&Well Development) Associate(Project Manager) 2 hrs $230.00/hr $460 Professional III(Field Staff) 24.5 hrs $140.00/hr $3,430 Subtotal $3,890 $3,890 Task 2—Geologic Review,Laboratory Testing Coordination,and Log Preparation Associate(Project Manager) 2 hrs $230.00/hr $460 Professional III(Field Staff) 3 hrs $140.00/hr $420 Senior Offices Services 1 hrs $155.00/hr $155 Subtotal $1,035 $1,035 Task 3—Reporting Vice President(Principal in Charge) 1 hrs $310.00/hr $310 Associate(Project Manager) 3 hrs $230.00/hr $690 Professional III(Field Staff) 16 hrs $140.00/hr $2,240 Senior Offices Services 3 hrs $155.00/hr $465 Subtotal $3,705 $3,705 Reimbursables Drilling Subcontract $7,234 Markup(10%) $723 Laboratory Testing Water Content(ASTM D2216) 16 ea $25.00/ea $400 Combined Analysis(ASTM D79281D6913) 4 ea $330.00/ea $1,320 Soil Sample Jars(90-Day Storage) 2 ea $54.00/box of 12 $108 Field Equipment Water Level Indicator 2 days $15.00/day $30 Misc.Field Supplies 2 days $10.00 /day $20 Waterra Motor 1 days $60.00/day $60 Generator 1 days $35.00/day $35 Waterra Tubing 30 ft $0.40/ft $12 Travel&Lodging Mileage 164 ea $0.67/ea $110 Per Diem(Travel Days) 2 days $44.25/day $89 Lodging 1 days $116.84 /day $117 Subtotal $10,258 $10,258 Estimate of Probable Costs $20,413 Notes: ea=each;ft=foot;hr=hour 1 12761-P 1 12761-P-L1-Rev3-T1.xlsx-2/2/2024/wp/axg 6 Mr.David Dinlcului,PE III SHANNON �WIt SON City of Bremerton IMPORTANT INFORMATION ABOUT YOUR GEOTECHNICAL/ENVIRONMENTAL PROPOSAL More construction problems are caused by site subsurface conditions than any other factor.The following suggestions and observations are offered to help you manage your risks. HAVE REALISTIC EXPECTATIONS. If you have never before dealt with geotechnical or environmental issues,you should recognize that site exploration identifies actual subsurface conditions at those points where samples are taken,at the time they are taken. The data derived are extrapolated by the consultant,who then applies judgment to render an opinion about overall subsurface conditions;their reaction to construction activity; appropriate design of foundations, slopes,impoundments,and recovery wells;and other construction and/or remediation elements. Even under optimal circumstances, actual conditions may differ from those inferred to exist,because no consultant,no matter how qualified,and no subsurface program,no matter how comprehensive,can reveal what is hidden by earth, rock, and time. DEVELOP THE SUBSURFACE EXPLORATION PLAN WITH CARE. The nature of subsurface explorations—the types,quantities,and locations of procedures used—in large measure determines the effectiveness of the geotechnical/environmental report and the design based upon it. The more comprehensive a subsurface exploration and testing program,the more information it provides to the consultant, helping to reduce the risk of unanticipated conditions and the attendant risk of costly delays and disputes. Even the cost of subsurface construction may be lowered. Developing a proper subsurface exploration plan is a basic element of geotechnical/environmental design that should be accomplished jointly by the consultant and the client(or designated professional representatives). This helps the parties involved recognize mutual concerns and makes the client aware of the technical options available. Clients who develop a subsurface exploration plan without the involvement and concurrence of a consultant may be required to assume responsibility and liability for the plan's adequacy. READ GENERAL CONDITIONS CAREFULLY. Most consultants include standard general contract conditions in their proposals. One of the general conditions most commonly employed is to limit the consulting firm's liability. Known as a"risk allocation" or"limitation of liability," this approach helps prevent problems at the beginning and establishes a fair and reasonable framework for handling them should they arise. Various other elements of general conditions delineate your consultant's responsibilities. These are used to help eliminate confusion and misunderstandings,thereby helping all parties recognize who is responsible for different tasks. In all cases,read your consultant's general conditions carefully and ask any questions you may have. HAVE YOUR CONSULTANT WORK WITH OTHER DESIGN PROFESSIONALS. Costly problems can occur when other design professionals develop their plans based on misinterpretations of a consultant's report. To help avoid misinterpretations,retain your consultant to work with other project design professionals who are affected by the geotechnical/environmental report. This allows a consultant to explain report implications to design professionals affected by them, and to review their plans and specifications so that issues can be dealt with adequately. Although some other design professionals may be familiar with geotechnical/environmental concerns,none knows as much about them as a competent consultant. 1 12761-P Page 1 of 2 February 2, 2024 (1/2023) g 1 ;1, Mr. David Dinkuhn,PE City of Bremerton OBTAIN CONSTRUCTION MONITORING SERVICES. Most experienced clients also retain their consultant to serve during the construction phase of their projects. Involvement during the construction phase is particularly important because this permits the consultant to be on hand quickly to evaluate unanticipated conditions,conduct additional tests if required,and when necessary, recommend alternative solutions to problems. The consultant can also monitor the geotechnical/environmental work performed by contractors. It is essential to recognize that the construction recommendations included in a report are preliminary,because they must be based on the assumption that conditions revealed through selective exploratory sampling are indicative of actual conditions throughout a site. Because actual subsurface conditions can be discerned only during earthwork and/or drilling, design consultants need to observe those conditions in order to provide their recommendations. Only the consultant who prepares the report is fully familiar with the background information needed to determine whether or not the report's recommendations are valid. The consultant submitting the report cannot assume responsibility or liability for the adequacy of preliminary recommendations if another party is retained to observe construction. REALIZE THAT ENVIRONMENTAL ISSUES MAY NOT HAVE BEEN ADDRESSED. If you have requested only a geotechnical engineering proposal,it will not include services needed to evaluate the likelihood of contamination by hazardous materials or other pollutants. Given the liabilities involved, it is prudent practice to always have a site reviewed from an environmental viewpoint. A consultant cannot be responsible for failing to detect contaminants when the services needed to perform that function are not being provided. ONE OF THE OBLIGATIONS OF YOUR CONSULTANT IS TO PROTECT THE SAFETY, PROPERTY, AND WELFARE OF THE PUBLIC. A geotechnical/environmental investigation will sometimes disclose the existence of conditions that may endanger the safety,health,property, or welfare of the public. Your consultant may be obligated under rules of professional conduct,or statutory or common law, to notify you and others of these conditions. RELY ON YOUR CONSULTANT FOR ADDITIONAL ASSISTANCE. Your consulting firm is familiar with several techniques and approaches that can be used to help reduce risk exposure for all parties to a construction project, from design through construction. Ask your consultant,not only about geotechnical and environmental issues,but others as well, to learn about approaches that may be of genuine benefit. The preceding paragraphs are based on information provided by the Geoprofessional Business Association (https://www.geoprofessional.org) 1 1 2761-P Page 2 of 2 February 2, 2024 (1/2023) Action History (UTC-08:00)Pacific Time(US&Canada) Submit by Ryan Nash 2/20/2024 7:25:16 AM(Start) Approve by Melinda Monroe 2/20/2024 4:49:08 PM(Contracts SME:Approve/Reject) • The task was assigned to Melinda Monroe 2/20/2024 7:25 AM Approve by Mike Riley 2/26/2024 4:12:20 PM(Finance Review:Approve/Reject) • Hans Nilsson reassigned the task to Mike Riley 2/26/2024 2:07 PM • Hans Nilsson reassigned the task to Sheri Jackson 2/21/2024 2:37 PM Mike R out of office • The task was assigned to Mike Riley 2/20/2024 4:49 PM Approve by Stephanie Olson 2/26/2024 4:40:32 PM(Legal Review:Approve/Reject) • Stephanie Olson assigned the task to Stephanie Olson 2/26/2024 4:40 PM • The task was assigned to Legal 2/26/2024 4:12 PM Contract approval submission CITY OF BREMERTON I Submission Information Submitter Ryan Nash-Ryan.Nash@ci.bremerton.wa.us Submission Priority* Initial Submission Type* New contract Previous Contract Contract Type* Professional services Department* Public Works&Utility Division* Engineering Company/Entity* Shannon and Wilson, Inc. Contract/Project Kitsap Lake Stormwater Treatment Retrofit-879 Name* Short description.Something to help identify the contract.E.g."Lower Lebo paving","Off duty agreement" Effective Date Desired start date of contract term,may not be required. Expiration Date Expected expire dated,may not be required. Renewal Date 2/20/2024 The date to start reviewing if current contract should be renewed Contract Cost* $20,413.00 Total estimated budget amount for entire contract term,including taxes. Contract Upload* Routing Memo_Consultant Selection_SW 201.23KB 020224.pdf Professional Services Agreement-S&W REV1.pdf 134.77KB 20240202_S&W SOW.pdf 410.2KB Green Sheet 240066.pdf 631.75KB Max allowed 5 Vendor Approved* Yes No N/A Has the vendor approved this contract Submission Notes Insurance will be uploaded separately. Mayor is signature authority, per BMC 2.76.100. Instructions or comments for reviewer Signatures COB Signer Name Thomas Knuckey COB Signer Title Director of Public Works&Utilities Vendor Signer Paul Van Home Name* Name of signer with authority to sign the contract Vendor Title* Associate Title of signer Vendor Email* paul.vanhorne@shanwil.com Email where DocuSign will send contract Contract Administrator Review Legal Signer* Mychael Raya Contract Administrator Upload Legal Review Legal Review Upload I ' Bremerton City Attorney Contract Review Sheet GENERAL CITY ATTORNEY TRACKING# 240066 Date Received: 1/26/24 Contractor: Shannon and Wilson, Inc. Purpose: PSA - Kitsap Lake Stormwater Treatment Retrofit Contract Amount: $ 19,913 Contract Term: 2/9/24 - 5/17/24 Originator/Department Contact: Ryan/Engineering Phone: X5029 Request Comments By: RISK MANAGER REVIEW ❑ APPROVE ❑ NOT APPROVE Reviewer Initials: SNO Date: 1/26/24 Comments: Need COI and insurance endorsement pages for: 1) Additional Insured; 2) Primary and Non-contributory Insurance; 3) Waiver of Subrogation CITY ATTORNEY 0 APPROVE ❑ NOT APPROVE ❑ Needs to go to Council Reviewer Initials: MRR Date: 1.31.24 Comments: Approve PSA but see notes re: Shannon & Wilson terms and conditions. ROUTED TO R:\LEGAL\Contracts\FORMS\Contract Review Request.doc ****Attorney-Client Communication. Not for Dissemination****