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080-22 - Skillings, Inc. - Contract Amendment 111 CITY OF PORT ORCHARD Authorization for Amendment No. 1 Date: May 23, 2023 Contractor: Skillings, Inc Project: Bay St Pedestrian Pathway 5016 Lacey Blvd. SE Project Segments 6-11 Lacey, WA 98503 Contract / Job # C080-22 THIS AMENDMENT AUTHORIZES THE FOLLOWING CHANGES TO THE AGREEMENT: 1. A Contract increase of $41,755 for a new Maximum Amount Payable of $492,460. Amendment No. 1 is for consultant submission of a revised NEPA review package including a revised cultural resource study and the completion of an eelgrass/macro algae survey due to the final design deviation from the original trail alignment that is over the adjacent beach. As Fully described in Exhibit A attached and by this reference made part of the Agreement. In all other respects the Underlying agreement between the parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. Contract History Amount Sales Tax Total Date Appvcl b Original Contract $450 705.00 $0.00 $450 705.00 22-Feb-22 Council Amendment 1 $41 755.00 $0.00 $41 755.00 12-Ma -23 PW Director Total Contract $492 460.00 $0.00 $492,460.00 I have reviewed the Amendment information above and certify that to the best of my knowledge descriptions and costs are true and accurate. Consultant Approval Signature Printed Name & Title Public Works Director/City Engineer Tony Lang Printed Name Approved: Change Orders that do not exceed 10%, with a maximum of $50,000, of either legally authorized budget limit or contract amount established by City Council can be approved by the Public Works Director. Attest: Change Orders that do not exceed 10%, with a maximum of $100,000, of either legally authorized budget limit or contract amount established by City Council are to be approved by the Mayor. Change Orders over $100,000 or exceed a total of 10% require Council Action. Mayor City Clerk Council Approval Date Washington State wo Department of Transportation Supplemental Agreement Organization and Address Number 1 Skillings, Inc 5016 Lacey Blvd. SE Original Agreement Number Lacey, WA 98503 C080-22 Phone: Project Number Execution Date Completion Date 11/23/2022 December 31, 2023 Project Title New Maximum Amount Payable Bay Street Pedestrian Pathway Project Segments 6 to 11 $492,460 Description of Work Amendment No. 1 is for consultant submission of a revised NEPA review package including a revised cultural resource study and the completion of an eelgrass/macro algae survey due to the final design deviation from the original trail alignment that is over the adjacent beach. As Fully described in Exhibit A attached and by this reference made part of the Agreement. The Local Agency of City of Port Orchard desires to supplement the agreement entered in to with Skillings,Inc. and executed on 11/23/2Q22 and identified as Agreement No. C080--22 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: See Exhibit A, and by this reference is made part of this Agreement II Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: remains unchanged at III Section V, PAYMENT, shall be amended as follows: Original Agreement $450,705 Supplemental Agreement No. 1 41,755 New Maximum Billable Amount Payable $492,460 as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. M Consultant Signature By: ' Approving Authority Signature �aC,o Date DOT Form 140-063 Revised 09/2005 CITY OF PORT ORCHARD BAY STREET PEDESTRIAN PATH ADDENDUM No. 1 NEPA RE-EVALUATION April 24, 2023 Introduction Exhibit A The following scope of work delineates tasks to be performed as part of the agreement between Skillings, Inc (Skillings) and City of Port Orchard (Client). Skillings is currently under contract to provide final design and permitting for Stage 6-11 of the Bay Street Pedestrian Path. The proposed alignment has received federal funding and had previously been reviewed under the National Environmental Policy Act (NEPA). WSDOT Local Programs has indicated that the proposed final design of the pedestrian path is not consistent with the alignment location and pathway widths that were included during the prior NEPA review and approval. Final design includes a revised alignment and updated pathway widths to meet design requirements from WSDOT and the FHWA. This Scope of Work Addendum is to complete a revised NEPA review package to document potential impacts to the natural and built environment. A revised cultural resource study will also be completed as part of the NEPA re-evaluation. In addition to NEPA re-evaluation, this scope of work includes completion of an eelgrass/macro algae survey along the revised trail alignment that is over the adjacent beach. Task 1 Project Management Assumptions: • Skillings will provide project management for the environmental services of this scope of work. Task Description: 1. Prepare monthly Progress Reports and Invoices. 2. Provide project oversight and quality assurance. 3. Provide sub -consultant management. Deliverables: • Progress Report and Invoice Task 2 NEPA Re -Evaluation This task consists of the preparation of a revised Categorical Exclusion Document (CED) for review by WSDOT Local Programs and the Federal Highway Administration. Assumptions: • Endangered Species Act (ESA) consultation documentation is being completed under the prime Scope of Work. The revised Biological Assessment will be submitted as part of the NEPA Re- evaluation. • WSDOT's Categorical Exemption Document (CED) will be used as the NEPA package. • The 90% Design Layout will be sufficient to develop the NEPA CE document. • FHWA will be the NEPA lead agency for NEPA review. • If a HAZMAT Report is required by WSDOT it will be added through a supplement to this Scope of Work. Skillings, Inc. Project No. 22001 City of Port Orchard Bay Street Pedestrian Path — NEPA Re-evaluation If an Environmental Justice report is required by WSDOT it will be added through a supplement to this Scope of Work. This Scope of Work does not include public outreach. Task Descriptions: 1. Meet with Local Programs to define scope of NEPA CE document. 2. Document public outreach efforts for inclusion in NEPA CE document. 3. Prepare a Draft NEPA CE document and submit to CLIENT for processing with Local Programs. 4. Revise NEPA CE document based on review comments. Resubmit final NEPA CE document. Deliverables: • Draft NEPA CE document • Final NEPA CE document Task 3 Eelgrass and Macro Algae Survey Assumptions: • This project takes place in an area suspected to have macroalgae. According to the Washington Department of Fish and Wildlife Eelgrass/Macroalgae Habitat Interim Survey Guidelines (Guidelines), the project area will need to be surveyed for eelgrass/macroalgae. • The Guidelines require that formal eelgrass and macro algae surveys are completed between June 1s' and October V. • WDFW Preliminary Survey guidelines will be followed to conduct a preliminary survey to determine if eelgrass or macroalgae are present, to evaluate if the project can be located and constructed to avoid impacting eelgrass, and to establish a location for the project that will minimize impacts when avoidance is not possible. • It is assumed based on preliminary investigation that no eel grass beds or communities are present within the alignment. • All field investigation is assumed to be from the beach during low tide. This scope of work does not include completion of a dive survey. Task Description: 1. Develop survey transect protocols and sampling plan. 2. Download alignment to field GPS. 3. Conduct site visit(s) to stake alignment and survey transects. Complete field survey for eelgrass and macro algae. 4. Prepare site map for survey. 5. Skillings will prepare a report of preliminary survey findings. Deliverable: • Draft Preliminary Eelgrass/Macroalgae Survey Report • Final Preliminary Eelgrass/Macroalgae Survey Report Skillings, Inc. Project No. 22001 City of Port Orchard Bay Street Pedestrian Path — NEPA Re-evaluation Task 4 Cultural Resources Due to federal funding, the proposed construction of the Bay Street Pedestrian Path is required to comply with Section 106 of the Archaeological and Historical Preservation Act (AHPA). While a previous cultural resource study was completed during earlier design phases, the change in proposed alignment and path width requires that Section 106 be updated. Assumptions: • WestLand Engineering and Environmental Services (Westland) will complete the cultural resource investigation as a sub -consultant to Skillings. • No archaeological sites will be identified. • No more than 2 historic (50+ years old) standing structures will require recording on Historic Property Inventory Forms. • The project area is largely impervious, built on riprap, or otherwise inaccessible for subsurface work. Westland will attempt to locate areas of intact native soil for subsurface testing and excavate up to 5 STPs if possible. • No artifact collection or curation is included in the scope of work. • One set of comments the report will be received and addressed, requiring not more than 4 total hours. • WestLand will submit a utility locate request prior to any excavation. • Site access and rights of entry will be provided prior to fieldwork, if needed Task Description: 1. Coordination with client and agencies regarding the project. 2. Draft an APE letter for submittal to WSDOT. Revise if requested. 3. Background Research and site files review. This task includes a review of soils and geomorphological information, development history of the project area, the DAHP Washington Information System for Architectural and Archaeological Records Data (WISAARD) database, previously published reports, and other pertinent data. 4. Field survey. This task includes 100-percent pedestrian survey of the project area and shovel test probes if possible. 5. Recording and evaluation of the buildings located at 2065 Bay Drive and 1981 Bay Drive. 6. Draft and final cultural resources letter report/addendum. This document will include all research, methods, maps, photographs, and results and will meet Federal and DAHP standards. 7. Agency Review/Comment Response. Any agency/Tribal comments will be addressed, and a revised report provided for final review. Deliverable: Draft Cultural Resource Report Final Cultural Resources Report Two (2) Historic Property Inventory Forms (as applicable) END SCOPE OF WORK Prepared by: Patrick E. Skillings, PMP April 24, 2023 Skillings, Inc. Project No. 22001 City of Port Orchard Bay Street Pedestrian Path — NEPA Re-evaluation EXHIBIT B-1 CONSULTANT COST COMPUTATION — MAN-HOURS PROJECT NO.22001 SUPPLEMENTAL AGREEMENT NO. 01 CITY OF PORT ORCHARD O p D O v BAY STREET PEDESTRIAN PATHWAY rmi T � z z SEGMENTS 6 TO 11 3 N n v, N O NEPA RE-EVALUATION z m Z < n Z � m N —� O TASK TASK DESCRIPTION # 1 PROJECT MANAGEMENT 1 Prepare monthly Progress Reports and Invoices. 4 4 2 Provide project oversight and quality assurance. 8 3 Provide Subconsultant management. 3 2 NEPA RE --EVALUATION 1 Prepare a Draft NEPA CE document and submit to CLIENT for 2 40 processing with Local Programs. 2 Review NEPA CE document based on review comments. 2 2 18 Resubmit final NEPA CE. 3 EELGRASS AND MACRO ALGAE SURVEY 1 Develop survey transect protocols and sampling plan. 1 4 4 2 Download alignment to field GPS. 1 2 3 Conduct site visit(s) to stake alignment and survey transects. 18 18 Complete field survey for eelgrass and macro algae. 4 Prepare site map for survey. 1 9 5 Prepare a report of preliminary survey findings. 1 27 4 SHORELINE PERMITTING 1 Complete City Shoreline Permit Application 12 2 Attend Public Hearing 2 2 5 CULTRAL RESOURCES 1 Coordination with the CLIENT and AGENCIES regarding the project. 2 Draft an APE letter for submittal to WSDOT. Revise if requested. Background Research and site files review. This task includes a review of soils and geomorphological information, 3 development history of the project area, the DAHP Washington Information System for Architectural and Archaeological Records Data (WISAARD) database, previously published reports, and other pertinent data. 4 Field survey. This task includes 100-percent pedestrian survey of the project area and shovel test probes if possible. 5 Recording and evaluation of the buildings located at 2065 Bay Drive and 1981 Bay Drive. Skillings, Inc. Project No. 22001 City of Port Orchard Bay Street Pedestrian Path — NEPA Re-evaluation PROJECT NO.22001 SUPPLEMENTAL AGREEMENT NO.01 AO CITY OF PORT ORCHARD O D 0 0 BAY STREET PEDESTRIAN PATHWAY n T v Z SEGMENTS 6 TO 11 3 n '^ m NEPA RE-EVALUATION Z m Z C �° D _< O M Ni 0 A TASK TASK DESCRIPTION Draft and final cultural resources letter report/addendum. This document will include all research, methods, maps, 6 photographs, and results and will meet Federal and DAHP standards. Agency Review/Comment Response. Any agency/Tribal 7 comments will be addressed, and a revised report will be provide for final review. HOURS PER DISCIPLINE 24 75 80 2 4 Skillings, Inc. Project No. 22001 City of Port Orchard Bay Street Pedestrian Path — NEPA Re-evaluation EXHIBIT B-2 CONSULTANT COST COMPUTATION -- SUMMARY NEGOTIATED HOURLY RATE (NHR): Man Classification Hours X Rate = Cost PROJECT MANAGER 24 x $254.00 = $6,096.00 PROJECT SCIENTIST 75 X $124.00 = $9,300.00 STAFF SCIENTIST 80 X $91.00 = $7,280.00 PROJECT SURVEYOR 2 X $137.00 = $274.00 PROJECT ADMINISTRATOR 4 X $155.00 = $620.00 Total Hours = 185 Total NHR = $23,570.00 REIMBURSABLES: Mileage 220 X $0.655 = $144.10 Miscellaneous Expenses $0.00 X 10% = $0.00 Total Expenses= $144.10 SUBCONSULTANT COST (See Exhibit E): Westland Engineering & Environmental Services, Inc. $12,950.00 X 10% = $14,245.00 Total Subconsultants = $14,245.00 SUB -TOTAL (NHR + REIMBURSABLES + SUBCONSULTANTS): Sub Total = $37,959.10 MANAGEMENT RESERVE FUND: SUB TOTAL = $37,959.10 x 10% = MRF = L $3,795.91 GRAND TOTAL GRAND TOTAL PREPARED BY: Patrick Skillings DATE: 4/24/2023 REVIEWED BY: Eli Pogue DATE: 4/24/2023 Skillings, Inc. Project No. 22001 City of Port Orchard Bay Street Pedestrian Path — NEPA Re-evaluation EXHIBIT B-3 CONSULTANT COST COMPUTATION — EXPENSES Item Description Basis Quantity Rate Total 1 Telephone Month $0.00 2 Auto Rental Each $0.00 3 Lodging Day $0.00 4 Per Diem -Meal Day $0.00 5 Photocopies - Blk & White Each $0.10 $0.00 6 Photocopies - Color Each $0.35 $0.00 7 Half Sized Prints Each $0.50 $0.00 8 Full Sized Prints Each $6.00 $0.00 9 Postage Month $0.00 10 Shipping Month $0.00 11 FAXs Each $0.00 12 Miscellaneous Project Costs Month $100.00 $0.00 13 Miscellaneous Survey Costs Estimated $0.00 14 Traffic Control Estimated $0.00 Total Miscellaneous Expenses $0.00 Mileage Per Mile 220 0.655 $144.10 Total Expenses $144.10 Assumptions 1 Telephone Estimated 2 Auto Rental Estimated trips 3 Mileage Estimated miles 4 Lodging 5 Per Diem -Meal 6 Photocopies - Blk & White Estimated 7 Photocopies - Colored Estimated 8 Half Sized Prints 9 Full Sized Prints 10 Postage Estimated 11 Shipping Estimated 12 FAXs Estimated 13 Miscellaneous Project Costs Estimated 14 Miscellaneous Survey Costs Estimated 15 Purchase Order Estimated Prepared by: Patrick E. Skillings, PMP April 24, 2024 Skillings, Inc. Project No. 22001 City of Port Orchard Bay Street Pedestrian Path — NEPA Re-evaluation