HomeMy WebLinkAbout080-22 - Skillings, Inc. - Contract Amendment 3Docusign Envelope ID: 450EA91A-FOFC-4A6B-A744-DCD06BC45206
CITY OF PORT ORCHARD
Authorization for Amendment No. 43
Date: April 280 2025 Contractor: Skilings, Inc.
----------
Bay Street Pedestrian Pathway
Project: Project Segment 6-11 5016 Lacey Blvd. SE
Contract / Job # C080-22
Lacey, WA 98503
This Amendment authorizes the following changes to Contract C018-20:
An increase to the contract amount to account for out -of -scope design, permitting, project management,
and landowner coordination services, as detailed in the attached Scope of Work.
The contract amount is increased by $200,882.07, resulting in a new total contract amount of
$693,342.07.
In all other respects, the underlying agreement between the parties shall remain in full force and effect,
amended only as set forth herein.
Contract History
Amount Sales Tax Total Date Appvd by
Original Contract
$450,705.00
$0.00
$450,705.00
22-Feb-22
Council
Amendment #1
$41,755.00
$0.00
$41,755.00
23-May-23
Council
Amendment #2
$0.00
$0.00
$0.00
07-Nov-23
PW Director
Amendment #3
$200,882.07
$0.00
$200,882.07
28-Apr-25
Council
Total Contract $693,342.07 $0.00 $693,342.07
I have reviewed the Amendment information above and certify that to the best of my knowledge
*bons and costs are true and accurate. DocuSigned by:
7 Fv
Contractor Approval Signature Pubfic-tlltorksE)i,=r
Patrick skillings vice President Denis Ryan
Printed Name & Title Printed Name
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 Approved
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 Attest:
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 unbudeeted 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.
Signed by'
I°oti �I,�aaliA, sl,�.
� y
Signed by:
City Clerk
May 13, 2025
Council Approval Date
Docusign Envelope ID: 450EA91A-FOFC-4A6B-A744-DCD06BC45206
Page 11
City of Port Orchard
Bay Street Pedestrian Pathway
Stage 6-11
April 9, 2025
Introduction
Skillings, Inc (Skillings) entered into a contract with the City of Port Orchard in 2022 to
complete design on the remaining segments of the Bay Street Pedestrian Pathway (BSPP).
Skillings' initial Scope of Work and associated budget was to progress the existing 90%
design completed by N.L. Olson (NLO), to 100%. The previous design included the use of a
cantilevered pathway that did not rely on pile supports. The level of effort to progress plans
from 90% to 100% was originally assumed to take five (5) months. Skillings' base budget
accounted for Project Management during the assumed project duration.
As described below, the project as originally scoped has changed. Skillings has accrued
$74,101.98 in fees that have not been invoiced to the City because of out -of -Scope work.
This Scope of Work describes the out -of -Scope efforts that was completed and the tasks
necessary to complete Plans, Specifications, and an Engineers Estimate of Probable Cost
to Construct to demolish the existing overwater structures and to construct Phase 1 of the
BSPP. The attached budget outlines the request for release of the Management Reserve
Fund (MRF) on the existing contract and the additional budget required to complete
development of the BSPP.
During Skillings review of the 90% design and additional geotechnical investigation, it was
determined that a shallow zone of liquefaction was present along Bay Street that made use
of the cantilevered pathway infeasible. Seismic design requirements require that the
structural component of the pathway withstand a seismic event. This required the use of
pile supports that extend to below the zone of liquification, allowing the structure to remain
during lateral earth movement caused by a seismic event.
This required the design process to start at a preliminary design stage to develop a pathway
that meets current WSDOT structural design requirements. To accommodate this
requirement, Skillings provided the City a preliminary design that includes a pile supported
pathway. In addition, the original NLO design provided to Skillings did not meet the current
overall pathway design width as required by FHWA (10-foot), nor provide the now required
separation between the road and the new pathway.
Skillings, Inc. Port Orchard
#22001 Bay Street Pedestrian Pathway
Docusign Envelope ID: 450EA91A-FOFC-4A6B-A744-DCD06BC45206
Page 12
Development of the full pathway required modification to the Bay Street road alignment,
which was not anticipated or included in the original Skillings Scope of Work. This included
efforts to maintain parking along Bay Street and work efforts to modify the street drainage
network. Installation of the BSPP includes upgrades to stormwater management that was
not anticipated or included in the Skillings Scope of Work.
Skillings' Scope of Work did not include design or permitting for beach access stairways.
Due to a request by the City to maintain beach access for private tide -land owners,
Skillings developed stairway design at multiple locations.
During project design, Skillings completed multiple design alternatives for configuration of
the trail alignment and business parking. Development of the conceptual designs was not
anticipated and was not included in the original Skillings' Scope of Work.
Ultimately, the City elected to phase development of the BSPP to allow a portion of the
pathway to be constructed while an alternative alignment is developed. Direction to phase
the project was given after completion of many of the project elements, including: the plan
set, geotechnical report, Biological Assessment, NEPA documentation, JARPA permit
application (Corps of Engineers and Department of Ecology), WDFW Hydraulic Project
Approval (HPA), City Shoreline Permit Application, and SEPA Checklist. Skillings' original
Scope of Work did not include revisions to project documentation and permit applications
based on revised design and phasing. Skillings' Scope of Work did not include revisions to
the plan set or engineers estimate of probable cost to construct. Efforts to revise the plan
set to reflect Phase 1 work was not reflected in Skillings' original budget.
Since the decision to phase the project was made, the City requested Skillings separate out
demolition of the five (5) overwater structures that were included in the overall PS&E
package. The City gave direction to prepare a standalone Construction Contract for Bid
Advertisement to demolish the overwater structures. It was conveyed to Skillings that this
was due to safety concerns related to the derelict nature of the structures. The effort to
complete an additional bid package for demolition -only was not included in Skillings'
original Scope of Work.
Skillings' original Scope of Work; associated addendums; and the below described
additional scope, does not include construction support or construction contract
administration. Construction support services can be provided under an additional
addendum to this Scope of Work.
Skillings, Inc. Port Orchard
#22001 Bay Street Pedestrian Pathway
Docusign Envelope ID: 450EA91A-FOFC-4A6B-A744-DCD06BC45206
Page 13
Scope of Work
Task 100 Project management
Due to change in overall project scope, Skillings has provided additional oversight to
complete project objectives. It was anticipated that the original schedule to complete the
design work to advance the NOL design from the 90% complete to a 100% complete
document would be approximately five months. Design efforts have extended to an overall
timeframe exceeding three years. This task is to recover the additional work effort for
Project Management and to complete the project management for completion of a
Demolition specific construction contract and for development of the Phase 1 BSPP
construction contract for bid advertisement. Project Management includes time previously
spent meeting with City staff as well as the additional project management time resulting
from the extended timeframe.
Task Assumptions:
• Due to project changes, project management efforts have increased.
• It is assumed the additional time required will be six (6) months from execution of
the amendment.
• Project meetings will be bi-monthly and will include 2 staff members. Project
meetings are assumed to last one -hour.
Tasks:
1. Provide project oversight and management.
2. Meet with City to provide additional project updates.
3. Provide monthly progress reports and invoicing.
Deliverables:
• Meeting minutes to file
• Progress Reports and Monthly Invoices.
Task 200 Demolition Contract
This task is to separate the demolition plans, specifications and engineers estimate of
probable cost to construct (PS&E) from the original PS&E package to develop a standalone
Demolition PS&E set.
Task Assumptions:
• The Phase 1 permit application package will include application for demolition of
the overwater structures and piling removal. The Demolition PS&E will not include
demolition (removal) of piling associated with the overwater structures.
Skillings, Inc. Port Orchard
#22001 Bay Street Pedestrian Pathway
Docusign Envelope ID: 450EA91A-FOFC-4A6B-A744-DCD06BC45206
Page 14
• City will provide front end boilerplate documents.
• Bid Ad and Award support includes responding to Bidder's RFIs and completion of
Bid Addendum.
• This scope of work is limited to completion of one (1) Bid Addendum.
Tasks:
1. Prepare demolition plans and details
2. Prepare project specifications for demolition.
3. Prepare Engineers Estimate of Probable Cost to Construct.
4. Prepare Construction Contract for Bid Advertisement
5. Provide Bid Ad support to include recommendation on award
6. Provide one Bid Addendum (if required)
Deliverables:
• Demolition Plan Set
• Demolitions Specifications
• Engineers Estimate
• Construction Contract
• RFI response
• One (1) Bid Addendum (if required)
Task 300 Phase 1 Pedestrian Path Contract
This task is to separate the Phase 1 Pedestrian Path (BSPP) plans, specifications and
engineers estimate of probable cost to construct (PS&E) from the original PS&E package to
develop a standalone Phase 1 PS&E set that terminates the BSPP at Mitchell Point. This
task will also include separating out structure demolition that will be included in the
Demolition PS&E completed under Task 200 of this Scope of Work.
Task Assumptions:
• The Phase 1 permit application package will include application for construction of the
BSPP from the end of previous pathway development to Mitchell Point, including
modifications to the Bay Street alignment and associated drainage.
• City will provide front end boilerplate documents.
• Bid Ad Support includes responding to Bidder's RFIs and completion of Bid Addendum.
This scope of work is limited to completion of one (1) Bid Addendum.
Skillings, Inc. Port Orchard
#22001 Bay Street Pedestrian Pathway
Docusign Envelope ID: 450EA91A-FOFC-4A6B-A744-DCD06BC45206
Page 15
Tasks:
1. Separate out Phase 1 alignment and overwater structure demolition from original
full alignment plan set.
2. Prepare Phase 1 BSPP plans and details
3. Prepare project specifications for Phase 1 BSPP.
4. Prepare Engineers Estimate of Probable Cost to Construct.
5. Prepare Phase 1 Construction Contract for Bid Advertisement
6. Provide Bid Ad support to include recommendation on award.
7. Provide one Bid Addendum (if required).
Deliverables:
• Phase 1 Plan Set
• Phase 1 Specifications
• Phase 1 Engineers Estimate of Probable Cost to Construct
• Phase 1 Construction Contract
• RFI response
• One (1) Bid Addendum (if required)
Task 400 Geotechnical Report
The preliminary geotechnical report included evaluation and description of geological
conditions for the entire alignment extending to the Kitsap Transit Ferry Terminal. Due to
reduction in project alignment, the Geotechnical Report requires revisions to describe only
the Phase 1 Alignment. This is recommended to streamline project review and remove any
appearance of bias for a Phase 2 alignment.
Task Assumptions:
• GeoEngineers is completing geotechnical evaluation as a subconsultant to Skillings.
Tasks:
1. Revise Preliminary Geotechnical Evaluation to describe Phase 1 Alignment.
2. Review Geotechnical Evaluation and submit to Client.
Deliverables:
• Final Phase 1 Geotechnical Report
Skillings, Inc. Port Orchard
#22001 Bay Street Pedestrian Pathway
Docusign Envelope ID: 450EA91A-FOFC-4A6B-A744-DCD06BC45206
Page 16
Task 500 Environmental Documentation and Permit Application
Skillings had completed preliminary NEPA documentation, a SEPA Checklist, Shoreline
Application, WDFW HPA application, and a Joint Aquatic Resource Permit Application
(DARPA) for the full alignment to Kitsap Transit Ferry terminal when the decision was made
to phase the project and proceed with a demolition only contract. This required revisions to
all permit documentation and the associated applications. This Task is to separate revise
the permit applications to reflect the final project alignment and Phase 1 termini.
Assumptions:
• GeoEngineers has completed revisions to the Biological Assessment (BA)
completed for Endangered Species Act consultation.
• The Phase 1 alignment follows the same corridor as the original alignment and
has been previously evaluated for cultural and historical resources under
Section 106 of the Archeological and Historical Preservation Act and will not
require re-evaluation.
• Environmental Documentation under NEPA and Permit Application with USACE
and Ecology will include the application for both the Demolition PS&E and the
Phase 1 PS&E.
• WDFW has indicated that an expedited Hydraulic Project Approval (HPA) for
demolition only would be required to allow for structure removal with the
shortest permit review. A second HPA application for the remaining Phase 1
Alignment will be completed based on WDFW's recommendation.
• The US Army Corps of Engineers (USACE) requires specific exhibits that follow a
prescriptive format. The Corps of Engineers exhibits require updating to reflect
the Demolition PS&E and Phase 1 PS&E.
Tasks:
1. Revise Biological Assessment
2. Prepare and submit WDFW HPA application for demolition only
3. Revise WDFW HPA application from original submittal for coverage of Phase 1
Alignment
4. Revise NEPA CE Document
5. Revise JARPA application
6. Revise USACE specific permit exhibits.
Deliverables:
• Revised Biological Assessment
• Updated HPA application
• Updated NEPA CE Document
• Updated JARPA
• Updated USACE Exhibits
Skillings, Inc. Port Orchard
#22001 Bay Street Pedestrian Pathway
Docusign Envelope ID: 450EA91A-FOFC-4A6B-A744-DCD06BC45206
Page 17
Task 600 Coordination
At the City's request, Skillings created multiple conceptual designs to respond to
Landowner concerns. Conceptual design included mitigation to perceived business
impacts, and additional coordination was required with the City project manager and
officials. This additional meeting time was not accounted for in the original Scope of Work.
Assumptions:
• Development of conceptual design was not included in Skillings' original Scope of
Work.
• Meetings with City officials outside of regularly schedule status meetings were not
included in Skillings' original Scope of Work.
• Development of alternative alignments was not included in Skillings' original Scope
of Work.
• Creation of an Engineers Estimate for alternative alignments was not included in
Skillings' original Scope of Work.
Tasks:
1. Development of conceptual design requires completion of Autoturn exhibits to
demonstrate vehicle turning movements.
2. Conceptual design development included evaluation of alignment that deviated
from Bay Street outside the original alignment.
3. A planning level Engineers Estimate to determine probable cost for construction of
the alternative alignment was required to determine a rough -order -of -magnitude
cost for the alternative alignment.
Deliverables:
• Conceptual mitigation exhibits
• Conceptual Phase 2 Alignment
• Conceptual Phase 2 Alignment preliminary engineers estimate
End Scope of Work
Skillings, Inc. Port Orchard
#22001 Bay Street Pedestrian Pathway
Docusign Envelope ID: 450EA91A-FOFC-4A6B-A744-DCD06BC45206
Page 18
Budget Addendum
As described in the above Introduction and Scope of Work, Skillings' efforts have deviated
from the original Scope of Work. Skillings has accrued $74,101.98 in fees that have not
been invoiced to the City. The existing Management Reserve Fund covers a majority of this
overage. Additional budget is being requested that when combined with the Management
Reserve Fund will cover all unbilled fees.
In addition to unbilled fees, Skillings is requesting additional budget to complete Tasks 100
through 400 as described in this Scope of Work and additional budget under Task 500
(Permitting) to respond to any comments that arise during permit review. The hour
breakdown associated with work to be completed is provided below.
Management Reserve Fund
Skillings is requesting release of the Management Reserve Fund (MRF) associated with the
prime agreement in the amount of $40,973.01 and the MRF associated with Addenda No. 1
(NEPA Re-evaluation) in the amount of $3,795.90. This would release $44,768.91 to
Skillings to invoice for previously completed out of scope work effort.
Time on Hold
As described in the above Scope of Work, Skillings has completed additional efforts that
were not included in the prime agreement of Addenda No. 1. This includes work described
under Task 500 (Environmental Documentation) and Task 600 (Landowner Coordination). A
portion of this time is covered under the available Management Reserve Fund (described
above). Skillings has accrued an additional $29,333.07 in fees to complete out of scope
efforts.
Budget Summary
Work Accrued to Date
$ 74,101.98
Management Reserve Fund Original
($ 40,973.01)
Management Reserve Fund Addenda No. 1
($ 3,795.90)
Estimate to Complete Demo and Phase 1
$ 171,549.00
Total
$ 200,882.07
Skillings, Inc. Port Orchard
#22001 Bay Street Pedestrian Pathway
Docusign Envelope ID: 450EA91A-FOFC-4A6B-A744-DCD06BC45206
Page 19
City of Port Orchard
v
Bay Street Pedestrian Pathway
v
>'
_V
v
v
�
o
Stage 6-12
n
A
o
o
A
O
m
D
m
M
m
�mf
M
2
Z
9
O
G1
Z
-1
n
Z
m
3
z
z
Z
D
GG1
m
A
Z
L�l
M
A
.�
m
O
TASK p
ITASK DESCRIPTION
100
Project Management
1
Project Oversight
40
40
2
Meeting with City
16
16
3
Monthly invoicing
6
12
200
Demolition Contract
Prepare demolition plans and
1
6
24
24
details.
Prepare project specifications for
2
6
18
demolition.
Prepare Engineer's Estimate of
3
6
18
Probable Cost to Construct.
Prepare Construction Contract for
4
4
24
32
24
20
Bid Advertisement.
Provide Bid Ad Support to include
5
1
6
6
recommendation on award.
Provide one Bid Addendum (if
6
4
8
reouired).
300
Phase 1 Ped Path Contract
Separate out Phase 1 alignment and
1
overwater structure demolition
6
30
30
from original full alignment plan set.
Prepare Phase 1 BSPP plans and
2
11
35
32
details.
Prepare project specifications for
3
4
20
Phase 1 BSPP.
Prepare Engineer's Estimate of
4
4
20
Probable Cost to Construct.
Prepare Phase 1 Construction
5
4
37
59
44
40
Contract for Bid Advertisement.
Provide Bid Ad Support to include
6
1
6
6
recommendation on award.
Provide one Bid Addendum i
7
required).
4
8
Opp
Geotech Update
1
Subwnscltant management
q
Soo
Enviro Doc and Permitting
1
Permit comment response
4
100
HOURS PER DISCIPLINE
1 40 1
80
140
284
100
1 154
60
12
Skillings, Inc. Port Orchard
#22001 Bay Street Pedestrian Pathway
Docusign Envelope ID: 450EA91A-FOFC-4A6B-A744-DCD06BC45206
Page 110
Bay Street Pedestrian Pathway
Stage 6.11
NEGOTIATED HOURLY RATE (NHR):
C1aaHlcatlon
Man Kours
x
Rato
- Cost
RMJCIPAL- N CIIARGI
40
x
S27$.00
• 511,0DO.Co
PROJECT MANAGER
80
x
$254.00
= 520,320.00
PROJECT ENGINEER
140
It
$232.00
= $32.48000
NGINEER
294
x
$164.00
= $46.576,C0
ltot TSCIENTIST
100
It
$103.00
= $10.3000o
ECHMCIAN
154
x
$154.00
• $23,716.00
iNSPLCTOR
60
x
$150.00
■ $9.000.00
PROJECT ADMINISTRATOR
12
x
$141.00
= 51.692,00
Total Hour •
870
Total NHR -
$155 064.00
REIMBURSABLES:
Md�:gp
0
x
S0701
= $000
MlfCallanvous ExFCnws
56woo
x
10%
: 57110.1
Total tpenses'll
5715.00
SUBCONSULTANT COST See Exhibit E :
Geotecinical
5.5,000OD
x
5%
• 515.750.00
Sutxonwhant 1
$000
x
10%
5000
SubconsuRant 2
$000
x
10%
so Co
Subronwl:.wt 1
$0.00
x
10%
S000
TotalSubtonsultants =
SIS.750.00
SUB -TOTAL (NMR + REIMBURSABLES + SUBCONSULTANTS :
Sue Taal
S171.549.00
MANAGEMENT RESERVE FUND:
5..6 TO'AI -
5171,549 X
x
0'-.
_ MRF -
$0.00
GRAND TOTAL
GRAND TOTAL
=
$171,549
PREPARED BY: Ian Lee, PE
DATE:
4 10 2025
REVIEWED BY: Tom Skillings, PE
DATE:
4 10/2025
Skillings, Inc. Port Orchard
#22001 Bay Street Pedestrian Pathway