059-20 - Resolution - Supp. No. 6 to C071-16 with WSP (Berger Abam) for the Final Closeout for Tremont St. Widening Proj.RESOLUTTON NO. 059-20
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE SUPPLEMENTAL AGREEMENT NO. 6 TO CONTRACT
NO. C071-16 W|TH WSp USA (FORMERLY BERGER ABAM, tNC.) FOR THE FTNAL
CLOSEOUT OF THE TREMONT STREET WIDENING PROJECT CONSTRUCTION
ADMt N tSTRATTON/CONSTRUCTTON MANAGEMENT.
WHEREAS, on August 23,2016, and subsequent to a documented WSDOT Highway and
Local Programs (H/LP's) supervised professional services procurement process, the City of Port
Orchard executed Contract No. C071-16 with Berger ABAM, lnc., being a Local Agency A&E
Professional Services Cost Plus Fixed Fee Consultant Agreement (LAA) for the Tremont Street
Widening Project (Project) initial task of the Final PS&E and then the subsequent Construction
Support, Construction Administration and Construction lnspection Services (CACM); and
' WHEREAS, between August 23, 2OL6 and August 20, 2019, five (5) LAA Supplemental
Agreements were reviewed and approved by WSDOT H/LP's for the Project, and then executed
by the Mayor pursuant to authorization by City of Port Orchard City Council as follows;
No, L
No.2
No. 3
No.4
No.5
Release of the Management Reserve Fund associated with the Final PS&E task
lmplementation of the CACM task
Change of corporate registration from Berger ABAM, lnc. to WSP USA
Release of the Management Reserve Fund associated with the CACM task
Addition of a one-year time only extension; and
WHEREAS, recognizing that for the successful conclusion of the Project, WSP USA
continued to provide CACM services on the Project for the City of Port Orchard without
expectation, even after the Contract and Management Reserve Funds were depleted; and
WHEREAS, it was determined that the City of Port Orchard, upon confirmation with
WSDOT H/LP's on October 30,2O20 and once the Final Approved Project Contract Cost were
calculated, could reallocate any or all of the final bid item net deduction amounts as reflected
within ACI Change Order #31, for allowable CACM expenses incurred by WSP USA; and
WHEREAS, on December L,2O2O, subsequent to the Final Approved Project Contract
Cost having been calculated, WSP USA has requested that the final bid item net deduction
amount of S130,591.85 (as reflected within ACI Change Order #31) be reallocated to WSP USA
as an allowable CACM expenses incurred; and
WHEREAS, since all Federal and State grant funding for this Project has been expended,
any reallocation of allowable expenses will be from Local funds; now, therefore,
Resolution No. 059-20
Page 2 of 2
THE CITY COUNCIL OF THE CIW OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: lt is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: The Port Orchard City Council approves of and authorizes the Mayor to execute
Supplemental Agreement No. 6 to Contract No. COTL-L6 with WSP USA for the final
closeout of the Tremont Street Widening Project Construction
Ad ministration/Construction M an agement.
THAT:
hereon.
This Resolution shall take full force and effect upon passage and signatures
PASSED bythe CityCouncil of the Cityof Port Orchard, SIGNED bythe Mayor and attested
by the Clerk in authentication of such passage this L5th day of December 2020.
Robert u, Mayor
ATTEST .$$td?tiff#,
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=9.:,\ -tt{., j SffiBarson,MMC, City Clerk