HomeMy WebLinkAbout5910 Contract Mod. 3CONTRACT MODIFICATION AGREEMENT NO. 3 to
CITY CONTRACT NO. 5910
BETWEEN THE CITY OF BREMERTON AND HERRERA
ENVIRONMENTAL CONSULTANTS
PROJECT: PINE ROAD SUB-BASIN STORMWATER IMPROVEMENTS
CONSULTANT: HERRERA ENVIRONMENTAL CONSULTANTS
DATE: November 14, 2022
THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE
Professional Services AGREEMENT (the "Contract") entered into between the City of
Bremerton and Herrera Environmental Consultants on January 16, 2019.
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: NO CHANGE.
Section III. Compensation , is modified as follows:
The original contract amount was $419,920. Contract Modification No. 1 increased the contract
by $50,480, resulting in an amended contract amount of $470,400. Contract Modification No. 2
increased the contract amount by $161,782, resulting in an amended contract amount of $632,182.
Contract Modification No. 3 increases the contract amount by $187,915, resulting in a
revised contract amount of $820,097.
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.
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Contract Modification No. 3
Pine Road Sub-Basin Stormwater Improvements
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Contract Modification No. 3
Pine Road Sub-Basin Stormwater Improvements
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)
HERRERA ENVIRONMENTAL CONSULTANTS THE CITY OF BREMERTON
By: By:
Print Name: Print Name: Greg Wheeler
Its: Its: Mayor
Date: Date:
APPROVED AS TO FORM: ATTEST:
By: By:
KYLIE FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
Attn: Gunnar Fridriksson Attn: Matt Fontaine
City of Bremerton Herrera Environmental Consultants
345 6th Street, Suite #100 Denny Building,
Bremerton, WA 98337 2200 6th Avenue #1100
Seattle, WA 98121
R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev. 10 2019.docx
Ned Lever
Digitally signed by Ned LeverDN: C=US, E=ned.lever@ci.bremerton.wa.us, O=City of Bremerton, OU=Engineering, CN=Ned LeverReason: I have reviewed this documentDate: 2022.12.16 13:44:49-08'00'
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Theresa M. Wood
Vice President
2/2/2023 2/3/2023
1
Date: November 8, 2022
To: Gunnar Fridriksson, Project Manager, City of Bremerton
From: Matt Fontaine, Herrera Environmental Consultants
Subject: Request For Authorization of Funds for Additional Scope – Amendment #3 for the Pine Road Basin Stormwater Improvements Project
(Bremerton Project # 870, Herrera Project number 18-06910-000)
Herrera Environmental Consultants (Herrera) is assisting the City of Bremerton (City) with work on the Pine Road Basin Stormwater Improvements Project. As the work of the project team has evolved, some aspects of it are beyond what was originally scoped and budgeted for. This memorandum describes additional project scope and budget for work to be done by the Consultant Team (Herrera, Stantec, CRC, AESI, and AES Consultants, Inc.), supporting a request for additional funds. Issues that necessitated the changes in scope are:
Bedrock - Bedrock is seen in areas of Stephenson Creek and is suspected to be presentnear the ground surface in the vicinity of the storm drain outfall at Sheridan Avenue.Additional geotechnical data is needed to confirm where the bedrock is as it will affectthe redesign of the outfall. The outfall redesign is needed to meet requirements fromWashington Department of Fish and Wildlife (WDFW) and comments received from theSuquamish Tribe (Tribe) for energy dissipation in the infrastructure downstream of theexisting outfall pipe outlet.
Permitting - The project features work in Stephenson Creek and on the shoreline of PortWashington Narrows. Stephenson Creek work consists of reconstruction of both theoutfall at Sheridan Road and the inlet structure at Stephenson Avenue in fresh water. Onthe Port Washington Narrows shoreline, the work consists of reconstruction of the outfalljust south of the intersection of Lebo Boulevard and Sheridan Road which is in marinewater. Issues encountered to date:
o In the 90 Percent design review, it was found that WDFW and the Tribe were notsatisfied by revisions made at the 60 percent design addressing their comments. Atissue was the energy dissipation to be incorporated into the design and combiningstorm flows at the outfall with the creek. This required additional coordination,meeting support, field visits, and design concept sketches in order to satisfy theserequirements. The City was not going to be issued a Hydraulic Project Approval(HPA) until these concerns and comments were addressed.
o Recent rule changes at the federal level for projects in the marine shorelineenvironment required the US Army Corps of Engineers (USACE) to seek a formalconsultation with the National Marine Fisheries Service (NMFS) for issuing nationwide
EXHIBIT A
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permits for work in the shoreline marine water because endangered species are present. All consultations are currently on hold with NMFS as they are in the process of developing policies and procedures to address these recent rule changes.
o It was anticipated that obtaining the nationwide permit may take up to two years. It was decided to separate the marine outfall work from the rest of the project and have it completed as a separate project when the permit is available. This required the permitting process for the two work areas and creating two permitting packages, i.e., one permit for construction work in fresh water and one permit for construction work in salt water. These separate projects are referred to as Pine Road Basin Stormwater Improvements (i.e. fresh water project) and Pine Road Basin Marine Outfall Project (i.e. salt water project) in the reminder of this document.
90% Design Review - The original project scope of work included design reviews only at the 30%, 60% and 100% stages of completion to save costs. The extensive comments from regulatory agencies and tribes as well as the addition of roadway reconstruction on Eagle Avenue at the 60% design review stage necessitated adding an additional review prior to finalizing at the 100%. A 90% design package including full design plans, construction cost estimate, details, and complete technical specifications is required.
Handicap Ramps - After completion of initial ADA ramp design, the City requested the ramp design be updated to reduce the number of ramps that would not meet ADA standards due to existing slopes. In some locations the roadway slopes are 7 percent or greater, so achieving a ramp with less than 2 percent slope requires extensive and detailed grading in CAD to expand the work area further into the roadway, essentially warping the roadway so the road profile along the gutter line varies from the road profile along the road center line. In places, this requires a more extreme roadway cross slope for several feet to match the road surface with the edges of the ADA ramp or expanded sidewalk replacement to connect the sidewalk with the revised ramp elevation. This process requires iteratively checking the road slope, gutter slope, and ramp slope to ensure the ramp will meet ADA requirements for slope.
Drainage behind Sidewalk – During the design process it was learned that construction of a sidewalk on Robin Avenue would create low points behind the sidewalk that could potentially trap water during large storm events, resulting in standing water and flooding yard areas for adjacent property owners. Area drains will be designed in order to collect this stormwater and route it into the new storm drain system in the street right of way.
Additional Plan Set – The permitting issues identified above required breaking the project into two projects: 1. Pine Road Basin Stormwater Improvements and 2. Pine Road Basin Marine Outfall. This required two packages of design plans, specifications, and cost estimates, as well as bid packages. This will also require bidding and construction support for both projects. The scope of work for the Pine Road Basin Marine Outfall project is defined in the second half of this amended project scope.
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Project Schedule – The project was originally scoped for construction starting in Spring 2021. Due to the permitting issues noted above, which were not reasonably foreseeable, additional time and cost is being incurred for project management and for technical permitting support and design tasks due to increases in Consultant Team costs over time, consistent with rising staff rates and expenses in the region. Approximately $160,000 of work has been delayed by two years.
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PINE ROAD BASIN STORMWATER IMPROVEMENTS
Task 6.1 – Geotechnical Design
Scope: AESI will complete the following work:
Field assessment of exposed bedrock in the stream channel and follow up communication with the design team regarding the location and type of bedrock, as well as the potential interface between bedrock and the energy dissipation structure at the Sheridan Road outfall.
A geotechnical boring at Sheridan Road as near to the proposed outfall structure as possible, including coordination with the driller and City permitting staff, traffic control planning, observation of the boring to log the material encountered, and recording blow counts.
A geotechnical memorandum summarizing the findings from field assessment and boring results.
Deliverables:
Geotechnical Memorandum
Task 9.1 – Additional Permitting Support
Support discussions with tribes and regulatory agencies, including meetings and a field visit with WDFW and the Suquamish Tribe and prepare conceptual sketches of outfall alternatives at Sheridan Road. After the permitting is separated into two separate projects, one freshwater and one saltwater, revise the JARPA and supporting design figures for each project.
Divide the JARPA figures into two separate packages:
Permit set related to work in Stephenson Creek
Permit set related to work at the salt water outfall
Coordination with the United States Army Corps of Engineers related to the two separate permit applications.
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Deliverables:
Meeting Notes
Design concepts
2 sets of JARPA figures
TASK 10.4 – 90% DESIGN SUBMITTAL AND ADDITIONAL DESIGN SHEETS
The baseline and amended scope and budget only included 60%, 100%, and Bid Set of plans. Extensive changes to the scope of the design at the 60% level of completion, including reconstruction of Eagle Avenue, adding sidewalks, and adding the impact basin at the outfall to Stephenson Creek necessitated an additional review set prior to the 100% design submittal, called the 90% submittal. Prepare 90% (preliminary 100%) design plans and address City comments on this submittal.
Prepare five additional design sheets including an easement plan sheet and four intersection plan sheets, as well as an interim easement plan sheet to enable City review of potential easement needs. These additional sheets will address detailed design for right away improvement on the edges of private property and display detailed information related to intersections and ramps.
Deliverables
90% (preliminary 100%) design Plans.
Five additional design sheets included in the Plans submittals for 90%, 100%, and Bid sets.
Task 10.5 – Impact Basin Design
Evaluate design alternatives for suitability to site conditions including challenges related to construction on bedrock soils. Alternatives include an impact basin and multiple stilling basin configurations. Prepare initial calculations for impact basin and stilling basin size and evaluate feasibility of the required geometry within the site setting that includes steep slopes; existing pipes, concrete, and boulders in the channel; and narrow bedrock channel. The design must accommodate the existing 24-inch pipe and the proposed pipe, while not create a fish stranding hazard.
For the preferred alternative (impact basin), complete hydraulic calculations to define the width, length, height, and impact wall geometry. Hydraulic calculations will require updating the hydraulic model to evaluate multiple inlet pipe sizes, adjusting design flow velocity, and subsequently updating the structure size to achieve an acceptable configuration. Revise the
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instream design and design of slope stabilization measures. Prepare a site plan, section, and details for the impact basin. Write construction specifications for the structure.
Deliverables
Updates to the calculations and Basis of Design Report
Two additional plan sheets for the final design package including plans, sections, and details
TASK 10.6 – ROADWAY WARPING AND YARD DRAIN DESIGN
Revise the roadway and ramp design in multiple locations to enable ADA ramps to fully meet ADA standards despite adverse road grades. This process requires multiple detailed design steps:
Expand the work area further into the roadway, essentially warping the roadway so the road profile along the gutter line varies from the road profile along the road center line.
Adjust roadway cross slope by exploring more extreme cross slopes for several feet to match the road surface with the edges of the ADA ramp.
Extend sidewalk replacement to connect the new lower sidewalk elevation with the elevation of the existing sidewalk.
Iteratively checking the road slope, gutter slope, and ramp slope to ensure the ramp will meet ADA requirements for slope.
Six properties along Robin Avenue require area drains within their driveways. The design will include siting the area drains, regrading the driveways and surrounding surfaces to slope towards the area drains, designing pipes to connect area drains to the new storm main, and reviewing and designing around potential utility conflicts.
Deliverables
Integration of revised ADA ramps and area drains into the civil plans, ADA ramp details, and storm drain plans.
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PINE ROAD BASIN MARINE OUTFALL DESIGN
The Marine Outfall portion of the Pine Road Basin Stormwater Improvement Project has to be separated from the original project scope because permitting of the project requires additional time beyond the time allotted for the Public Works Trust Fund Loan the City is using to pay for much of the project. The Consultant will complete final design for the Marine Outfall. The City will provide a table of consolidated comments at each design submittal stage.
TASK 13– PROJECT MANAGEMENT FOR MARINE OUTFALL DESIGN
Herrera’s project manager, Matt Fontaine, will be responsible for ongoing administration of the project, including preparing invoices and progress reports, as well as coordination of work efforts with the designated City point of contact (Gunnar Fridriksson). Herrera’s project manager will have phone and e-mail contact with the City of Bremerton on an as-needed basis.
Assumptions
Twelve month duration of active project work.
Approximately monthly project management calls with the City of 30 minutes in duration (approximately 12 meetings assumed).
Deliverables
Monthly progress reports and invoices.
Emails with notes from progress calls and meetings.
TASK 14– 90 PERCENT DESIGN
The Consultant Team will advance the existing design to 90 percent complete including preparation of complete technical specifications and engineer’s estimate of probable construction cost. Herrera will submit a final basis of design report that includes calculations associated with the Marine Outfall impact basin. Impact basin design will define all necessary geometric conditions for the City’s construction Contractor to prepare structural design plans for review during construction. A maximum use will be made of typical details, and of City/WSDOT/APWA standard plans.
At 90 percent design, the Consultant shall prepare the full technical specifications (special provisions) for the project amending the current version of the WSDOT standard specifications. These specifications will address specific work and material requirements in the salt water environment, shoreline restoration design, and contractor design and construction of the impact
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basin, and other bid items that require modifications or supplements to the WSDOT standard specifications.
Work By Others
Stormwater Pollution Prevention Plan will be prepared by the City’s construction Contractor
Stream flow or piping bypass plan will be prepared by the Contractor
Traffic control and staging plans will be prepared by the Contractor
Structural and reinforcement design for the impact basin will be prepared by the Contractor
Assumptions
The City will consolidate all City and agency comments on the submitted plans, specifications and estimates and enter the consolidated comments into a comment log form.
Consultant Team will incorporate changes into the plans, specifications, and estimate and respond to all City comments in the comment log.
The engineer’s cost estimates for construction are approximate and shall be based upon prevailing average bid prices received from similar, recent projects led by the City, Kitsap County, and WSDOT and from material supplier correspondence. The cost estimates will include the cost opinion to cover the respective cost variability such as variable unit prices, bidding climate, level of estimating accuracy, miscellaneous items, contingencies, undefined items, and risk factors.
Plans will be in AutoCAD 2017 or newer electronic file format utilizing the City’s drafting standards in English units. 1 inch to 40 feet Scale plans are anticipated.
City/WSDOT/APWA Standard details and specifications will be incorporated by reference wherever possible.
Marine shoreline design is limited to the area immediately surrounding the Pine Road Outfall.
Basis of design report updates are limited to reconfirming hydraulic calculations and geometry of the impact basin on the marine shoreline and updating scour or erosion control calculations.
All right of way restoration will be limited to matching existing surfacing or vegetation.
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The Plan set will include the following Sheets.
General
No. Title
1 Title Sheet
2 Legend and Abbreviations
3 General Notes
Civil
No. Title
4 Existing Site Plan and Survey Control – Pine Outfall
5 Site Prep and TESC - Pine Outfall
6 Pine Outfall Site Plan
7 Pine Outfall Structure Plan and Sections
8 Pine Outfall Structure Details
9 Pine Outfall Beach Restoration Sections and Details
Landscape
No. Title
10 Pine Outfall Planting / Mitigation Plan
11 Planting Details and Schedule
Deliverables
90 Percent Plans, Technical Specifications, Cost Estimate.
Response to City comments on the 60% design.
TASK 15– 100 PERCENT DESIGN
The Consultant will advance the design to 100 percent complete including addressing City comments on the 90 percent design, and revise the technical specifications and engineer’s
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estimate of probable construction cost. The Consultant will prepare the Draft Bid Package (i.e. Legals).
Assumptions
See Task 13 for the assumed Plan sheets.
Deliverables
100% Plans, Technical Specifications, Cost Estimate.
Draft Bid Package (Legals)
Response to City comments on the 90% design.
TASK 16– BID PACKAGE PREPARATION
The Consultant will prepare a complete bid package including addressing City comments on the 100 percent design package.
Assumptions
Consultant will assemble the bid package, using a template / example provided by the City, such that the City may advertise and award the construction contract.
The City will be responsible for advertising, reviewing bids, preparing and issuing addenda as may be necessary, and awarding the construction contract.
See Task 13 for the assumed Plan sheets.
No significant changes to the design scope will be introduced at this stage in the design.
Deliverables
Response to City comments on the 100% design.
Bid Package
Task 17 – Support During Bidding
The Consultant Team will provide support during the construction contract bidding period. Support may include the following items as directed by the City and as budget allows.
Responses to questions from bidders
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Support for addenda
Assumptions
Consultant will respond to questions forwarded by the City.
Deliverables
To be defined based on City requests for support during bidding.
Task 18 - Support During Construction
The Consultant Team will provide engineering services during construction to help ensure that the work will be performed in conformance with the contract documents and regulatory requirements pertaining to the Project.
Assumptions
The budget assumes the following construction support activities may be included:
Attendance at a preconstruction meeting
Submittal review – requests for approval of material, requests for information (RFIs), shop drawings, working drawings, etc.
Site inspections: 1 by Herrera staff, 1 by AESI staff (geotechnical inspections).
The budget also includes an allowance for Contractor submittal review or site inspection by a structural engineer.
Inspection reports and photos will be submitted following each site visit.
Other support as requested and as budget allows.
The Consultant will be available regularly for discussion during construction and will provide all reviews and replies within 48 hours of receipt of a request from the City, unless discussed and agreed upon with the City’s Engineer.
The City will finalize and issue all submittal responses, RFIs, and change orders.
Record drawings will be prepared by the Contractor.
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Deliverables
Written responses to requests from the City.
Inspection report and photos for each site visit.
BUDGET
Total Amendment 3 Budget: $187,915
Pine Road Basin Stormwater Improvements: $85,905
Pine Road Basin Marine Outfall: $103,010
Excludes write off of $67,000 by Herrera (Approximately 450 hours)
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Herrera Environmental Consultants
11/2/2022
Cost Estimate for Pine Road Basin Marine Outfall
Herrera Project No. 18-06910-000
Task No.13 14 15 16 17 18
Herrera Labor based on: Burdened Labor Rates
Project
Management -
Marine Outfall
90 Percent
Design
100 Percent
Design Bid Package Support during
Bidding
Support during
construction
Staff Title 2022 Burdened Labor Rates
Ewbank, Mark Vice President $269.14 0 2 2 2 0 0 6
Fontaine, Matthew Engineer V $215.23 48 44 16 12 10 12 142
Waggoner, Jonathan Engineer III $175.55 7 44 12 7 8 24 102
Dhital, Satya Engineer II $135.87 1 62 40 26 16 8 153
Marshall, Eric CAD Technician III $140.59 1 50 22 14 4 8 99
Johansen, Sally Project Accountant IV $127.07 12 0 0 0 0 0 12
Taylor, Randall Landscape Architect III $136.12 0 26 6 2 0 0 34
Mirabile, Tina Scientist IV $184.95 0 8 0 0 0 4 12
Total Hours per Task 69 236 98 63 38 56 560
Subtotal Labor $13,361 $38,205 $15,433 $10,123 $6,293 $9,748 $93,163
Subtotal Herrera Labor $13,361 $38,205 $15,433 $10,123 $6,293 $9,748 $93,163
4% Escalation on Herrera Labor in 2023 $534 $1,528 $617 $405 $252 $390 $3,727
Escalated Subtotal Herrera Labor $13,896 $39,733 $16,050 $10,528 $6,545 $10,137 $96,890
Subconsultants
Subconsultant
AESI $0 $0 $0 $0 $0 $3,000 $3,000
Sructural $0 $0 $0 $0 $0 $3,000 $3,000
2%Fee on Subconsultants $0 $0 $0 $0 $0 $120 $120
Subtotal Subconsultant Cost $0 $0 $0 $0 $0 $6,120 $6,120
Grand Subtotal $13,896 $39,733 $16,050 $10,528 $6,545 $16,257 $103,010
Grand Total $103,010
Total
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Herrera Environmental Consultants
11/8/2022
Cost Estimate for Pine Road Basin Stormwater Improvements
Herrera Project No. 18-06910-000
Task No.6.1 9.1 10.4 10.5 10.6
Herrera Labor based on: Burdened Labor Rates
Geotechnical
Design
Additional
Permitting
90 Percent
Design
Impact Basin
Design
Road Warping
Design and Yard
Drains
Task Start Date 1/2/2023 1/2/2023 1/2/2023 1/2/2023 1/2/2023
Task End Date 1/2/2023 1/2/2023 1/2/2023 1/2/2023 1/2/2023
Staff Title 2022 Burdened Labor Rates
Ewbank, Mark Vice President $292.89 1 0 0 4 0 5
Mitchell, Colleen Engineer V $192.51 4 0 4 0 12 20
Gray, Shannon Engineer IV $168.46 0 8 75 14 8 105
Schaner, Neil Engineer IV $159.25 0 0 20 29 0 49
Brown, Jess Engineer III $141.22 0 0 0 22 0 22
Dhital, Satya Engineer II $129.52 0 0 60 0 20 80
Forester, Kate Landscape Architect IV $182.27 0 0 0 5 0 5
Marshall, Eric CAD Technician III $152.98 0 16 46 20 10 92
Waggoner, Jonathan Engineer III $167.34 0 24 8 16 0 48
Fontaine, Matthew Engineer V $205.17 8 18 0 8 0 34
Total Hours per Task 13 66 213 117 50 459
Subtotal Labor $2,704 $11,505 $32,737 $19,319 $7,778 $74,042
Subtotal Herrera Labor $2,704 $11,505 $32,737 $19,319 $7,778 $74,042
Subconsultants
Subconsultant
AESI $10,863 $0 $0 $0 $0 $10,863
Subtotal Subconsultant Cost $10,863 $0 $0 $0 $0 $10,863
Grand Subtotal $13,567 $11,505 $32,737 $19,319 $7,778 $84,905
Grand Total $84,905
Schedule
Total
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