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029-21 - Skillings, Inc. - Supplement / Change Order 4DocuSign Envelope ID: A07E8730-561 C-4B24-A71 D-ABCFC54F578B Page 1 of 8 CITY OF PORT ORCHARD Authorization for Amendment No. 4 Date: May 14, 2024 Project: Bethel & Lincoln Intersection Roundabout Design and Right of Way Phase Contract / Job # CO29-21 Consultant: Skillings, Inc. 5016 Lacy Blvd SE Lacev WA 98516 This Amendment Authorizes the following changes to the contract: Increasing the amount of the Agreement and Extending the duration of the agreement to June 30, 2026. Agreement CO29-21. Section 3. Terms is amended to read: This Agreement shall commence on February 9, 2021 ("Commencement Date") and shall terminate June 30, 2026 unless extended or terminated in writing as provided herein. Section 4 Compensation is amended to read: Time and Materials Not to Exceed. Compensation for these services shall not exceed $832,252 (inclusive of all amounts paid prior to the execution of Amendment No. 4 to this Agreement), without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit A. 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. Agreement History Amount Sales Tax Total Date Appvd b Original Agreement $537,454.00 $537,454.00 09-Feb-21 Council Amendment #1 $196,900.00 $196,900.00 25-Nov-21 Council Amendment #2 $0.00 $0.00 15-Jun-22 PW Director Amendment #3 $0.00 $0.00 07-Nov-23 PW Director Amendment #4 $97,898.00 $97,898.00 14-May-24 Council Total Agreement $832,252.00 $0.00 $832,252.00 1 have reviewed the Amendment information above and certifv that to the best of my knowledge descriptions and co e true and accurate. Consu to proval Signature Patrick Skillings - Vice President Printed Name & Title Public Works Contracts Greater than $35,000: 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. Total Contract Amount shall reset to reflect new Council -approved contract totals authorized prior to the requested change order. $50,000-$100,000 require Mayoral Approval. $100,000 and over require Council Approval Public Works Contracts under $35,000, change orders that individually do not exceed $7,500 with an aggregate cap of $10,000. Public Works Contracts unbudgeted and under $7,500: All Change Orders that do not exceed an aggregate cap of $7,500 (Excluding underlying value), provided there are departmental funds available in the budget. All Departments: Mayor approves any and all Change orders that do not exceed 10% of either authorized budget limit or contract amount established by City Council. With a maximum aggregate amount of $100,000. Total Contract Amount shall reset to reflect new Council -approved contract totals authorized prior to the requested change order. Any individual Change order that is over $100,000 requires Council approval. Public Works Director Denis nRlIyan Docu %Rt94y- a m e Approved: F�b � Sl Mayor DocuSigned by: Attest:` City Clerk May 14, 2024 Council Approval Date DocuSign Envelope ID: A07E8730-561 C-41324-A71 D-ABCFC54F578B Page 2 of 8 Amendment No. 4 to Contract No. 029-21 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT WITH Skillings, Inc THIS AMENDMENT No. 4 to Contract No. 029-21 ("Amendment") is entered into between the City of Port Orchard, a Washington municipal corporation ("City" or "Port Orchard") and Skillings, Inc., a Washington corporation ("Consultant"). City and Consultant are each a "Party" and together "Parties" to this Amendment. RECITALS: WHEREAS, on the 9th day of February 2021, the City executed a Professional Services Agreement for Bethel & Lincoln Intersection Roundabout Design and Right of Way Phase (the Project) with the Consultant ("Underlying Agreement"); and WHEREAS, On November 25, 2021, Port Orchard City Council approved Amendment No. 1 increasing the amount of the Underlying Agreement; and WHEREAS, on June 15, 2022, and November 7, 2023, consistent with delegated authority the Public Works Director executed Amendments No. 2 and 3 to the Agreement, extending the term of the Underlying Agreement; and WHEREAS, continuing services for the Project are required by the City that will exceed the current value and extend the duration of the Underlying Agreement; and WHEREAS, the City and the Consultant have conferred and agreed to extend the duration of the Agreement to June 30, 2026 and increase the "Time and Materials Not to Exceed" amount of the Agreement from $734,354 to $832,252 in anticipation of the additional work; and WHEREAS, the parties wish to memorialize their agreement and so modify the underlying agreement; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as follows: FOURTH AMENDMENT TO AGREEMENT: 1. Amendment. a. Section 3 (Terms) of the Agreement is hereby amended to read as follows: This Agreement shall commence on February 9, 2021 ("Commencement Date") and shall terminate June 30, 2026 unless extended or terminated in writing as provided herein. Amendment No. 4 to Agreement between City of Port Orchard and Skillings, Inc Contract No. 029-21 updated 4/2022 IBDR DocuSign Envelope ID: A07E8730-561 C-41324-A71 D-ABCFC54F578B Page 3 of 8 b. Section 4 (Compensation) is amended to read: Time and Materials Not to Exceed. Compensation for these services shall not exceed $832,252 (inclusive of all amounts paid prior to the execution of Amendment No. 4 to this Agreement), without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit A. 2. Severability. The provisions of this Amendment are declared to be severable. If any provision of this Amendment is, for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. 3. Entire Agreement. The written provisions and terms of this Amendment shall supersede all prior verbal statements of any officer or other representative of the parties, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, this Amendment. The entire agreement between the Parties with respect to the subject matter hereunder is contained in the Agreement and exhibits thereto, any prior executed amendments and this Amendment. Should any language in any of the Exhibits to the Agreement or prior amendments conflict with any language contained in this Amendment, then this Amendment shall prevail. Except as modified by this Amendment, all other provisions of the original Agreement and any amendments thereto not inconsistent with this Amendment shall remain in full force and effect. 4. Effective date. This Amendment shall be effective as of May 14, 2024. DATED this 14th day of May, 2024. CITY Of PRRT ORCHARD, WASHINGTON F�Ocub P IN a&A S A, Robert Putaansuu, Mayor CONSULTANT Signature Patrick Skillinas - Vice President ATTEST�AUTHENTICATED: Printed Name and Title Docu igned by: Brandy Wallace, MMC, City Clerk APPR FAD AS TO FORM: /ocu igned by: Charlotte A. Archer, City Attorney Amendment No. 4 to Agreement between City of Port Orchard and Skillings, Inc Contract No. 029-21 updated 4/2022 IBDR DocuSign Envelope ID: A07E8730-561 C-41B24-A71 D-ABCFC54F578B Page 4 of 8 EXHIBIT A SCOPE OF WORK Prepared for: CITY OF PORT ORCHARD BETHEL & LINCOLN ROUNDABOUT SUPPLEMENT NO. 2 BETHEL LINCOLN LUND ROUNDABOUT DESIGN MITCHELL ROUNDABOUT CONSTRUCTION SUPPORT May 9, 2024 Introduction: The following Scope of Work delineates supplemental tasks to be performed in addition to the original agreement between Skillings, Inc. (Consultant) and the City of Port Orchard (City). The supplemental tasks will consist of: • Work to separate the Phase 2 Bethel & Lincoln roundabout project into a separate bid package from the completed Phase 1 Mitchell & Lincoln mini roundabout. • Provide construction support services during the construction of the Mitchell & Lincoln mini roundabout. Project Assumptions: This scope of work is based on the following general assumptions: • Services will be performed in accordance with WSDOT's LAG Manual and Construction Manual. • The level of effort for a given work element is limited to the amount of labor and expenses shown in the agreement. • Out -of -scope services beyond these limits may be considered as Extra Work. Consultant will notify City of out -of -scope services prior to starting the work. • The level of effort for various tasks are estimates and may vary. The Contract will be managed to the Contract maximum, not the task level budgets. • Construction contract duration for Phase 1 Mitchel Lincoln RAB of 70 working days. • Bidding for Phase 2 Bethel Lund RAB is scheduled to occur by April of 2026. WORK ELEMENTS Task 201— Prepare Bethel Lincoln Lundberg Roundabout Bid Package This task consists of revising the plans, specifications, and cost estimate to prepare a separate PS&E package for the Bethel Lincoln Lundberg roundabout that can be advertised and awarded separately. Assumptions: • Engineer's Estimate of Probable Costs to Construct will be prepared using WSDOT Unit Bid Price format. • Special provisions will be prepared utilizing WSDOT specifications format. • City will provide their "boiler plate" format for contract bid package. Tasks: Prepare plan sheets for roundabout as separate sheets. Update Quantities Notebook. Prepare Engineer's Estimate of Probable Costs to Construct for Mitchell & Lincoln. Skillings, Inc. Page 1 of 5 Project 20155 City of Port Orchard Bethel Lincoln Lund Roundabout Design Mitchell Roundabout Construction Support DocuSign Envelope ID: A07E8730-561 C-41B24-A71 D-ABCFC54F578B Page 5 of 8 4. Prepare Contract Bid Package: a. Front end documents, draft invitation to bid, proposal sheets. b. GSPs and Special Provisions. c. State prevailing wage documents. 5. Provide internal QA and QC and project coordination. Deliverables: • Contract Bid Package • 100% Contract Bid Package. • 100% Engineer's Estimate of Probable Cost to Construct. • Final Quantity calculation notebook. • One (1) electronic set of Final and Signed Complete Bid Package to City. All documents will be submitted as PDF Files, CAD Files, Word Files (.docx), and estimate in Excel. Task 202 — Geotechnical Services During Construction Consultant will contract with Aspect Consulting (Aspect), Subconsultant, to provide geotechnical support services during construction. This task consists of the Consultant providing review and coordination with Aspect. Consultant will complete the following tasks: Tasks: 1. Consultant will provide coordination with Aspect. 2. Subconsultant will attend up to four part time site visits and/or construction meetings, to include field reports. 3. Subconsultant will provide office review of submittals/RFIs. 4. Subconsultant will provide coordination and project/contract management. Deliverables (Consultant): • No specific deliverables. Field reports where applicable. Task 203 — Illumination Services During Construction Consultant will contract with Transportation Solutions Inc. (TSI), Subconsultant, to provide support services related to illumination during construction. See attached Subconsultant scope of work. This task consists of the Consultant providing review and coordination with TSI. Consultant will complete the following tasks: Tasks: 1. Consultant will provide coordination with TSI. Deliverables (Consultant): • No specific deliverables. Skillings, Inc. Page 2 of 5 Project 20155 City of Port Orchard Bethel Lincoln Lund Roundabout Design Mitchell Roundabout Construction Support DocuSign Envelope ID: A07E8730-561 C-41B24-A71 D-ABCFC54F578B Page 6 of 8 Task 204 — Bid Support Services for Bethel Lincoln Lundberg Roundabout Consultant will provide bid support consisting of attending the pre -bid meeting, reviewing Contractor's questions, responding to RFIs, and preparing addendums. Assumptions: • City will provide overall construction administration, inspection, and management. • Consultant will attend one pre -bid meeting (estimated at 2 hours per attendee). • Consultant will review Contractor's questions and provide recommendations/comments (estimated level of effort to not exceed 24 hours). • Consultant will review and respond to Contractor's RFIs (estimated level of effort to not exceed 24 hours). • Consultant will assist with the drafting, review, and responses to Addendums (estimated level of effort to not exceed 40 hours). Task Description: 1. Attend pre -bid meeting. 2. Review Contractor's questions and provide recommendations/comments. 3. Review and respond to Contractor's RFIs. 4. Prepare Addendums. Deliverables: • Pre -bid meeting notes. • Contractor questions reviews and responses. • Contractor RFI reviews and responses. • Addendums. END SCOPE OF WORK Prepared by: Ian Lee, PE 05/09/2024 Reviewed by: Patrick E. Skillings, PMP 05/09/2024 Skillings, Inc. Page 3 of 5 Project 20155 City of Port Orchard Bethel Lincoln Lund Roundabout Design Mitchell Roundabout Construction Support DocuSign Envelope ID: A07E8730-561 C-41324-A71 D-ABCFC54F578B Page 7 of 8 EXHIBIT B-1 CONSULTANT COST COMPUTATION — MAN-HOURS PROJECT NO 20155 CITY OF PORT ORCHARD O BETHEL & LINCOLN ROUNDABOUT SUPPLEMENT NO. 2 0 O BETHEL LINCOLN LUND ROUNDABOUT DESIGN m m m m M MITCHELL ROUNDABOUT CONSTRUCTION SUPPORT -1 � x v m L) Z Z n �_ Z Z > m Z m m m D O z TASK # TASK DESCRIPTION PREPARE BETHEL LINCOLN LUNDBERG 201 ROUNDABOUT BID PACKAGE Prepare plan sheets for roundabout as separate 1 sheets. 4 40 120 120 2 Update Quantities Notebook. 4 16 Prepare Engineer's Estimate of Probable Cost to 3 Construct for Mitchell & Lincoln. 4 8 4 Prepare Contract Bid Package: Front end documents, draft invitation to bid, proposal a sheets. 2 12 b GSPs and Special Provisions. 8 24 c State prevailing wage documents. 2 5 Provide internal QA/QC and project coordination. 4 10 202 GEOTECHNICAL SERVICES DURING CONSTRUCTION 1 Consultant will provide coordination with Aspect. 2 4 2 Subconsultant will attend up to four part time site 2 visits and/or construction meetings, to include field reports. Subconsultant will provide office review of 3 submittals/RFIs. Subconsultant will provide coordination and 4 project/contract management. 203 ILLUMINATION SERVICES DURING CONSTRUCTION 1 Consultant will provide coordination with TSI. 2 4 2 204 CONSTRUCTION SUPPORT SERVICES 1 Attend pre -bid meeting. 2 Review Contractor's questions and provide 2 recommendations/comments. g 16 3 Review and respond to Contractor's RFIs. 8 16 4 Prepare Addendums. 16 24 HOURS PER DISCIPLINE 12 110 238 120 4 Skillings, Inc. Page 4 of 5 Project 20155 City of Port Orchard Bethel Lincoln Lund Roundabout Design Mitchell Roundabout Construction Support DocuSign Envelope ID: A07E8730-561 C-41324-A71 D-ABCFC54F578B Page 8 of 8 EXHIBIT B-2 CONSULTANT COST COMPUTATION — SUMMARY NEGOTIATED HOURLY RATE (NHR): Man Classification Hours X Rate = Cost PROJECT MANAGER 12 x $242.54 = $2,910.43 PROJECT ENGINEER 110 X $216.52 = $23,817.21 ENGINEER 238 X $144.35 = $34,354.51 TECHNICIAN 120 x $140.99 = $16,918.78 PROJECT ADMINISTRATOR 4 X $130.92 = $523.68 Total Hours = 484 Total NHR = $78,524.60 REIMBURSABLES: Mileage 0 X $0.670 = $0.00 Miscellaneous Expenses $0.00 X 10% _ $0.00 Total Expenses= $0.00 SUBCONSULTANT COST (See Exhibit E): TSI $9,923.00 X 0% _ $9,923.00 Aspect, Inc. $9,450.00 0 0% _ $9,450.00 Total Subconsultants = $19,373.00 SUB -TOTAL (NHR + REIMBURSABLES + SUBCONSULTANTS): Sub Total = $97,897.60 MANAGEMENT RESERVE FUND: SUB TOTAL = $97,897.60 x = MRF = $0.00 GRAND TOTAL G RAND TOTAL = $97,898 PREPARED BY: Ian Lee, PE DATE: 5/9/2024 REVIEWED BY: Patrick E. Skillings, PMP DATE: 5/9/2024 Skillings, Inc. Page 5 of 5 Project 20155 City of Port Orchard Bethel Lincoln Lund Roundabout Design Mitchell Roundabout Construction Support