HomeMy WebLinkAbout1 - Original Submission_ 210610_315018_PE Mod#02Page 1 of 2 Contract Modification Rev. 10/2019
CONTRACT MODIFICATION AGREEMENT NO. 002 To CITY CONTRACT #5972 BETWEEN THE CITY OF BREMERTON AND KPFF CONSULTING ENGINEERS PROJECT East 11th Street and Perry Avenue Complete Streets Improvement Project #315018
CONSULTANT KPFF Consulting Engineers DATE June 10, 2021 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE CONSULTANT AGREEMENT (the "Contract") entered into between the City of Bremerton and KPFF Consulting Engineers on April 16, 2019 and as modified on January 1,
2021 on Contract Modification #001. All provisions in the Contract shall remain in full force and effect except as expressly modified
by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I.
Section I. Scope , is modified as follows: See Amended Scope of Work attached as Exhibit A Section II. Term , is modified as follows:
The Consultant shall complete the work described in this Contract Modification Agreement by No Change Section III. Compensation , is modified as follows: The original contract amount was $ 534,002.58. The current contract amount, including all
previous amendments is $ 587,285.08. The City shall pay the Consultant for the additional work described above, based on time and materials, an amount not to exceed $ 156,631.65 for a total amended contract amount of $ 743,916.73 including this Contract Modification. II.
Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all of the Consultant’s claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected
by this Contract Modification, claims related to on-site or home office overhead, or lost profits. This Contract Modification does not limit the City’s right to bring a claim for past performance.
DocuSign Envelope ID: 128E6DDA-FAA0-40AD-ABA5-D416B19E99D8
Page 2 of 2 Contract Modification Rev. 10/2019
The undersigned consultant approves the foregoing Contract Modification as to the changes,
if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification.
This document will become a supplement of the contract and all provisions will apply hereto.
It is understood that this Contract Modification shall be effective when approved by the City of Bremerton.
The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Consultant
warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change.
IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above.
City Engineer / Public Works Director approved to process _________________________ (Initials and Date)
THE CITY OF BREMERTON
By: Print Name: Greg Wheeler________ Its: Mayor_____________________ Date:
ATTEST:
By:
ANGELA HOOVER, City Clerk
NOTICES TO BE SENT TO:
Christopher Dimmitt
CONSULTANT
By: Print Name: Its: Date:
APPROVED AS TO FORM:
By: Bremerton City Attorney
NOTICES TO BE SENT TO:
Ron Leimkuhler Principal Civil Engineer II KPFF Consulting Engineers City of Bremerton- Engineering 1601 5th Avenue, Suite 1600 345 6th Street, Suite 100
Seattle, WA 98101 Bremerton, WA 98337
R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev. 10 2019.docx
DocuSign Envelope ID: 128E6DDA-FAA0-40AD-ABA5-D416B19E99D8
7/26/2021
RJL
Ron Leimkuhler
7/26/2021 7/26/2021
EAST 11TH STREET AND PERRY AVENUE
DESIGN SCOPE OF WORK
AMENDMENT 2
This amendment supplements the existing CONSULTANT agreement with the City of Bremerton for
the East 11th Street and Perry Avenue project.
EXHIBIT A
DocuSign Envelope ID: 128E6DDA-FAA0-40AD-ABA5-D416B19E99D8
Project Description
The following information is revised.
Schedule
·NTP April 2019
·Project Construction Advertisement in Q1 2022
·Project Construction complete by December 2022
DocuSign Envelope ID: 128E6DDA-FAA0-40AD-ABA5-D416B19E99D8
Task 2: Data Collection
The following work is added to the contract.
2.5 2021 Survey Pickup
CONSULTANT shall collect additional topographical survey at:
·Perry Avenue between East 11th to south of the Perry / 10th Street intersection with limits of
survey pick limited to 10 feet beyond side street curb returns (see below).
·50 additional feet of survey along East 15th to the west of the current pickup limits (see below)
·Pickups of recent development at the NW corner of East 11th and Perry
·Pickups of a recently reconstructed retaining wall on Perry Avenue between 11th and 13th Streets
DocuSign Envelope ID: 128E6DDA-FAA0-40AD-ABA5-D416B19E99D8
Survey Pickups shall be incorporated into the project basemap and CAD files
Assumptions(s):
·Ground Based Lidar will be utilized by the CONSULTANT
·Survey requiring confined space entry is beyond the scope of work. Manholes over 25 feet deep
or full of debris/water may not be asbuilt since they may require confined space entry to access
the manhole in order to accurately measure the depth (if needed).
·Trees 4 inches and above will be surveyed. Trees will be labeled with trunk and dripline
diameter and will only be classified as coniferous or deciduous as far as the tree species unless
directed otherwise.
·Survey Basemaps will be updated in: U.S. Survey Feet NAD 83(2011) horizontal and NAVD 88
vertical datum’s unless otherwise directed.
·CAD standards will conform to previously produced basemap.
·CONSULTANT will call one-call and pick-up utilities that are marked. CONSULTANT will
coordinate with a private utility locator to verify accuracy and completeness of information
obtained from free one-call service.
·Topo survey beyond ROW limits not be collected for survey work on E 15th or on Perry
between East 10th and East 11th
·Topo survey at the intersection of Perry and East 10th will only be collected ten feet beyond the
side street curb returns.
Deliverable(s):
1. Updated Survey Control Drawings and existing condition CAD Files
DocuSign Envelope ID: 128E6DDA-FAA0-40AD-ABA5-D416B19E99D8
Task 4: PS&E Design
The following work is added to the contract.
4.3.3 Perry Conveyance to East 10th Street
The CONSULTANT shall provide PS&E design services for the construction of a new drainage
conveyance system between the intersection of East 11th and Perry to the intersection of East 10th and
Perry.
Additional services to be performed by the CONSULTANT include:
1. Design of a new storm drainage conveyance system from East 11
th and Perry intersection down
Perry Avenue to connect into the City’s existing conveyance system within the intersection of
East 10th Street and Perry Avenue.
2. Plan sheet development for pavement repair of trench opening and drainage structure work on
Perry Avenue.
3. Drainage Plan revisions on East 11
th , as a trunk line will not be required for the full extent of
East 11th between Scott and Perry.
4. Drainage Report Update to address the conveyance modifications.
The CONSULANT shall update the project drainage report and water treatment facility sizes per the
revised design, including a summary of downstream capacity findings.
The CONSULTANT shall include City provided documentation to modify the conveyance on Perry
within the updated drainage report.
Existing curb inlets on Perry Avenue between 10th Street and 11th Street will not be evaluated for
modification and new inlets will not be evaluated within this street.
The existing paving on Perry Avenue between East 11th and East 10th shall be reconstructed per City
Standards for trench repair. ADA improvements within the trenching limits will not be proposed by
the project.
Assumption(s):
1. No TCEs will be required for this work.
2. Water quality treatment total structures and general location will remain unchanged.
3. The City will coordinate with the Department of Ecology and provide the updated stormwater
report and design as needed. The CONSULTANT shall not coordinate with the Department of
Ecology or provide submittals beyond the updated stormwater report and plans submitted to
the City.
4. The CONSULTANT shall not provide downstream capacity analysis for stormwater heading to
the Bachmann Park Outflow. CONSULTANT is not responsible for determining capacity
within the downstream stormwater conveyance system to Bachmann Park. Re-routing of the
stormwater conveyance system to connect at the intersection of Perry Avenue and East 10th is
per direction of the City.
DocuSign Envelope ID: 128E6DDA-FAA0-40AD-ABA5-D416B19E99D8
5. Storm Drainage work on Perry will not require relocation of existing buried utilities, such as gas
lines or side sewer connections.
6. Approximately eight sheets will be added to final plan set and 20 sheets will be revised.
Deliverable(s):
1. Updated project PS&E elements related to scope noted above.
2. Design deviation for pipe conveyance connection to existing downstream conveyance pipe at
East 10th and Perry Avenue (if needed).
3. Updated Drainage Report.
4.8 East 15th Street Watermain Design Service
The CONSULTANT shall update the PS&E package and TCE documentation to accommodate the
relocation of an existing City watermain on East 15th Street away from a proposed stormwater
treatment system to be installed on East 15th.
Assumption(s):
1. A utility clearance deviation between the relocated watermain and the storm drainage system
will likely be required due to existing site constraints and City staff shall coordinate utility
clearance needs specific to the site before the CONSULTANT finalizes design of the watermain
location.
2. Restrained Joint pipe will be the watermain material for the final design and thrust blocks will
be avoided to the maximum extent feasible.
Deliverable(s):
1. Updated PS&E materials (and design deviations as needed)
2. Design coordination exhibits (for verification of proposed watermain location by City before
final design)
DocuSign Envelope ID: 128E6DDA-FAA0-40AD-ABA5-D416B19E99D8
Task 5: Right of Way
The following Section is deleted and replaced with the following.
5.2 Acquisition Services
CONSULTANT shall support the City in acquiring up to 20 Temporary Construction Easements for
impacted properties within the project corridor.
CONSULTANT shall develop all right-of-way documents and offer letters in accordance with the
City’s Right of Way procedures.
The City shall provide the City of Bremerton ROW procedures to the CONSULTANT within five days
of NTP of services noted in this task.
Services to be performed by the Consultant include:
5.2.1 ROW Administration and Management
Upon Notice to Proceed, CONSULTANT staff shall attend a kickoff meeting with the City to obtain
additional project information, including: available contact information for property owners; discuss
material and information needed (ROW Plan, Legal Descriptions, Exhibits, etc.) along with any
additional information that will assist in the right of way acquisition process.
The CONSULTANT will provide sample templates of all acquisition documents (offer letters, consents,
right of entries, etc.) for the City’s review and approval for project use. All forms and documents will
comply with City’s standards and in accordance with statutory requirements. The City’s pre-approved
documents will be used when provided. The CONSULTANT shall maintain acquisition records in
accordance with statutory, regulatory and policy requirements.
For each parcel impacted, prepare acquisition files to include fair offer letters, a standard diary form
indicating all contacts with owner(s), and ancillary documents, and other items necessary to complete
the work.
Assumption(s):
1. The TCE procurement and recording process has a duration of six months for all TCE’s.
2. The CONSULTANT shall make a maximum of twenty total corridor field visits.
3. The CONSULTANT shall provide the City up to six monthly status reports.
4. The CONSULTANT ROW lead shall attend a maximum of 6 meetings with City staff either
virtually or over the phone for 30 minutes.
Deliverable(s):
1. Acquisition tracking log
5.2.2 ROW Public Outreach
The CONSULTANT shall assist the City in preparation of an “Introduction Information Letter” for
delivery by the City on City letterhead to each property owner impacted. The letter will describe the
DocuSign Envelope ID: 128E6DDA-FAA0-40AD-ABA5-D416B19E99D8
purpose of the project; the project schedule; identify the City’s consultants (KPFF, right of way
consultant, etc.) and the purpose of each firm.
Deliverable(s):
1. Introduction Information Letters
5.2.3 Project Funding Estimate (PFE)
Following review of the right-of-way plan, the CONSULTANT will prepare a PFE and AOS for all
impacted parcels. The PFE report will utilize consistent comparable sales and valuation techniques.
AOS will be written for those acquisitions valued under $25,000 in the PFE.
Deliverable(s):
1. Project Funding Estimates
5.2.4 Administrative Offer Summary Worksheets
Upon completion of the PFE and upon direction by the City, the real property valuation process will
begin. The CONSULTANT shall coordinate with the City to determine which parcels will require
Administrative Offer Summary (AOS) worksheets and which will require appraisals. If for some
reason appraisals are required, then the contract will be supplemented.
Deliverable(s):
1. Administrative Offer Summary (AOS) worksheets and data packages
5.2.5 Present Offers / Negotiations
Upon receipt of written approvals from the City establishing the amounts of just compensation, the
CONSULTANT will prepare offer package(s) and promptly present offers and negotiate in good faith
to reach a settlement with each property owner(s). Offers will be presented by certified mail. If
negotiations reach an impasse, the CONSULTANT shall provide the City with written notification.
Assumption(s):
1. The City shall lead face to face communications with property owners and initiate discussions
related to property owner preferences on property restoration issues, such as fence
reconstruction or private pathway tie in work to regraded sidewalks.
2. Where the project is proposing impacts to private fences near the Right of Way line, Temporary
Easement Offers for this situation may include a cost to cure based on local contractor quotes
for fence reconstruction of similar materials.
3. The CONSULTANT shall compile, or develop, informational exhibits to support the City in
discussion with parcel owners. The exhibits will highlight work to be done near the ROW line
or within the private property and show what work will be done by the City within a TCE area.
Exhibits will only be produced when verbal explanation of the proposed work have not
resolved TCE grantor questions and approval has been given by the City. The budget for such
services shall be limited to 20 hours of engineering time.
4. Offer summaries to property owners shall be initially/first delivered via certified mail sent by
the CONSULTANT.
DocuSign Envelope ID: 128E6DDA-FAA0-40AD-ABA5-D416B19E99D8
5. Shall a circumstance arise that mail delivery is not practicable or feasible then the
CONSULTANT shall notify the City and an attempt to deliver the offer in person shall be made
by the CONSULTANT.
Deliverable(s):
1. Prepare Offer Packages, up to 20 tax parcels
2. Support Exhibits
5.2.6 Close Out
Once all acquisitions are complete, the CONSULTANT shall prepare, compile and transfer all right of
way acquisition files to the City.
Assumption(s):
1. The City shall record executed TCE’s and provide TCE documentation to the CONSULANT for
inclusion in the Contract bidding documents.
Deliverable(s):
1. ROW Acquisition Files
DocuSign Envelope ID: 128E6DDA-FAA0-40AD-ABA5-D416B19E99D8
Task 8: Perry Residential Electrical Contract
The following Section is added to the contract.
The CONSULTANT shall develop a small works contracting package for residential electrical work
within the corridor triggered by PSE overhead electrical service relocations.
8.1 Perry Residential Electrical Contract
CONSULTANT shall develop a contracting package to perform residential electrical service connection
modifications at approximately 14 properties along Perry Avenue between East 11th and East 17th
Streets.
Bid items shall be per residence and lump sum to meet code required residential electrical system
modifications required by PSE to reconnect customer service.
Contract documents shall identify applicable electrical codes and specifications applicable to the work
product within the Contract documents and overhead relocation plans prepared by others.
Contract documents shall provide existing condition records for contractor use in bid development.
Contract documents shall include a baseline scope of work for each residence for electrical work to be
performed by the Contractor. The baseline scope of work shall be provided to the CONSULTANT by
the City.
The CONSULTANT shall not provide electrical engineering services for work within private
properties.
Assumption(s):
1. City shall provide an electronic boilerplate in word format for use by the CONSULTANT,
existing condition records, rights of entry documents and assumed electrical scope to the
CONSULANT 30 working days a minimum of twenty working days before draft submittal
submission date.
2. City shall provide comments in a draft submittal package within ten working days of submittal.
3. An Electrical Engineer will not be required to sign the contract package. The contract package
will be developed with an approach of the Contractor determining means and methods to
upgrade the residential electrical service and will be performed by electricians licensed for the
work based on overhead utility relocation plans developed by others.
4. Collection of Rights of Entry for Contractor access to private residence shall not be a service
covered under this task.
Deliverable(s):
1. Draft and Final Small Works Electrical Work Contract package
2. Bid Period Support During Advertisement
3.Design Services During Construction
DocuSign Envelope ID: 128E6DDA-FAA0-40AD-ABA5-D416B19E99D8
City of Bremerton - East 11th and Perry Project Amendment 2 Proposed FeeTotal Fee156,631.65$ TaskTask NameFee2.52021 Survey Pickup13,091.00$ 4.3.3Perry Conveyance to East 10th Street34,722.00$ 4.8East 15th Street Watermain Design Service3,808.00$ 5.2Acquisition Services66,559.90$ 8.1Perry Residential Electrical Contract14,956.00$ Management Reserve (15%)23,494.75$ Prepared by :John McMillanDate:5/18/2021SummaryDocuSign Envelope ID: 128E6DDA-FAA0-40AD-ABA5-D416B19E99D8
City of Bremerton - East 11th and Perry Project Task 2-5 Survey Fee backupLump Sum 13,091.00$ Detailed BackupAmendment 2DocuSign Envelope ID: 128E6DDA-FAA0-40AD-ABA5-D416B19E99D8
Fee backupEast 11th and Perry5/17/2021Task 4.3.3 - Perry Conveyance to 10thSenior Engineer II PMSenior Engineer IIISenior Engineer IDesign Engineer IIDesign Engineer I Cad Lead CAD Drafter162.65$ 168.00$ 173.00$ 130.00$ 105.00$ 90.00$ 11570.00$ Drainage Design Report Update16408Paving Restoration Plans (8 new sheets)4 8 60 20Drainage Plan Development and Revision16 2 2020PS&E Updates to ~ 20 sheets and QC22016Water Quality Treatment Design Revision1 208Deviation Documetation82Quality Control16Total hours4027088080072Cost=6,506$ 4,536$ -$ 11,440$ -$ 7,200$ -$ 5,040$ Total=34,722.00$ Prepared by John McMillanRates Per Approved ContractRoleDetailed BackupAmendment 2DocuSign Envelope ID: 128E6DDA-FAA0-40AD-ABA5-D416B19E99D8
Fee backupEast 11th and PerryTask4.8 - East 15th Street Watermain Design ServicesSenior Engineer II PMSenior Engineer IIISenior Engineer IDesign Engineer IIDesign Engineer I Cad Lead CAD Drafter162.65$ 168.00$ 173.00$ 130.00$ 105.00$ 90.00$ 11570.00$ Prelim Design and Concept Coordination2 2020Finalize PS&E8508Deviation Documentation14Total hours011000028Cost=-$ 1,848$ -$ -$ -$ -$ -$ 1,960$ Total=3,808.00$ Prepared by KPFF - John McMillan5/18/2021Rates Per Approved ContractRoleDetailed BackupAmendment 2DocuSign Envelope ID: 128E6DDA-FAA0-40AD-ABA5-D416B19E99D8
Fee backupEast 11th and Perry5.2 TCE ServicesCostRoleSenior Acquisition AgentRate129.74$ Activity DescriptionPer Parcel# of ParcelsTotal Total HoursCommentsPFE/AOSFollowing review of the right-of-way plan, will prepare a PFE and AOS for all impacted parcels. The PFE report will utilize consistent comparable sales and valuation techniques. AOS will be written for those acquisitions valued under $25,000 in the PFE. 2 20 5,189.60$ 40ROW DocumentationAssist the Agency in developing all right-of-way documents/offer letters in accordance with the Agency’s right-of-way procedures manual for acquisition of impacted properties. Draft the acquisition documents using the Agency approved forms or QC any forms that are created directly by the Agency staff for pre-acquisition review. Pull vesting deeds, research contact information4 20 10,379.20$ 80Site VisitOne site visit per parcel52012,974.00$ 100NegotiationsWill act in good faith at all times and never coerce owners in an attempt to settle the parcels. All negotiations will start with an in-person presentation of all offers when feasible. We will identify property owner issues, concerns and differences early on and document that information in the individual parcel negotiation diaries. Will work with Agency staff throughout the negotiation process with the property owner until settlement is reached on each parcel. Write up admin settlements.10 20 25,948.00$ 200Files/Close outCreate hard files, close out files and submitted to City via USPS 2 20 5,189.60$ 40MeetingsKick off12259.48$ 2MeetingsTCE Tracking Support (6 half hour meetings and tracking support)0.5 6 389.22$ 3Mileage property visits130201,456.00$ Mileage PFE 1 visit130172.80$ Certified mail offer packages$4.002080.00$ Mail of hard file to City$8.5020170.00$ Total=62,107.90$ RoleODCRES Group Fee BreakdownDetailed BackupAmendment 2DocuSign Envelope ID: 128E6DDA-FAA0-40AD-ABA5-D416B19E99D8
Fee backupEast 11th and Perry5.2 TCE ServicesKPFF FeeSenior Engineer II PMSenior Engineer IIISenior Engineer IDesign Engineer IIDesign Engineer I Cad Lead CAD Drafter162.65$ 168.00$ 173.00$ 130.00$ 105.00$ 90.00$ 11570.00$ 5.2.1 ROW Admin125.2.2 ROW Public Outreach5.2.3 PFE5.2.4 Administrative Offer Summary5.2.5 Present Offers / Negotiations21445.2.6 Close OutTotal hours0140140004Cost=-$ 2,352$ -$ 1,820$ -$ -$ -$ 280$ Total=4,452.00$ Prepared by John McMillan5/18/2021Rates Per Approved ContractRoleDetailed BackupAmendment 2DocuSign Envelope ID: 128E6DDA-FAA0-40AD-ABA5-D416B19E99D8
KPFF Fee BackupEast 11th and Perry8.1 Electrical ContractSenior Engineer II PMSenior Engineer IIISenior Engineer IDesign Engineer IIDesign Engineer I Cad Lead CAD DrafterProject Coordinator162.65$ 168.00$ 173.00$ 130.00$ 105.00$ 90.00$ 11570.00$ 85.00$ Develop Draft Small Works Contract40820Resolve Draft Comments and Finalize 20420Total hours06012000040Cost=-$ 10,080$ 2,076$ -$ -$ -$ -$ -$ 2,800$ Total=14,956.00$ Prepared by John McMillan5/18/2021Rates Per Approved ContractRoleDetailed BackupAmendment 2DocuSign Envelope ID: 128E6DDA-FAA0-40AD-ABA5-D416B19E99D8