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HomeMy WebLinkAboutCAG2024-144 - Amendment - #1-Cobb Fendley & Associates - FAC23-09E KEHOC Fiber Engineered Design - 7/19/24Ap p r o v a l Originator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Date of Council Approval: Grant? Yes No Type: Re v i e w / Si g n a t u r e s / R o u t i n g Comments: Date Routed to the City Clerk’s Office: Ag r e e m e n t I n f o r m a t i o n Vendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? Yes No* Business License Verification: Yes In-Process Exempt (KCC 5.01.045) If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? Yes No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No rev. 20210513 FOR CITY OF KENT OFFICIAL USE ONLY * Memo to Mayor must be attached Jan Apple Sup/Mgr: 4 Leah Bryant for Nate Harper Parks, Recreation & Community Services 07/16/2024 7/20/2024 NA F20098.64120.9419 4 4 N/A Contract 2547854 Original March 2024 Other 12/31/2024 4 4 4 $0 7/19/24 • KENT WASHINGTON AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Cobb Fendlev & Associates, Inc. CONTRACT NAME & PROJECT NUMBER:Cobb Fendlev & Associates, Inc. FAC23-09E, CAG2024-144 ORIGINAL AGREEMENT DATE: 3/21/2024 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: As described in attached Exhibit A, incorporated herein, CobbFendley will process additional provided utility and ROW data from the Client and update the design accordingly with necessary clearance dimensions and callouts. CobbFendley will add additional notes and contractor guidance within the plan set to prepare for the bidding process. CobbFendley professional engineers will review and seal the updated plan set This amendment expands the scope of work but does not require additional funds to be added to the contract. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $20,000.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $20,000.00 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $20,000.00 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/2024 (insert date) Revised Time for Completion under 12/31/2024 prior Amendments (insert date) Add'I Days Required (f) for this 0 calendar days Amendment Revised Time for Completion 12/31/2024 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: ,YAL f 51-alikette� By:Jarod Branstetter(Jul 18,202419:38 CDT) By; Print Name:Jarod Branstetter Print Name: Nate Harper Its Principal, Broadband Group Lead Its: Acting Facilities Superintendent DATE: Jul 18,2024 DATE: Jul 16,2024 ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) ec� A�X V Kent City Clerk Kent Law Department [In this field,you may enter the electronic filepath where the contract has been saved] AMENDMENT - 2 OF 2 City of Kent Exhibit A Fiber Line Between Station 74 and New KEHOC Building-Supplement ::'� CobbFendley To: Drew Holcomb Design Engineer III City of Kent,Washington 220 Fourth Avenue South Kent, WA 98032 From: Jarod Branstetter, P.E. Date: July 16, 2024 Re: City of Kent—Fiber Connectivity to New KEHOC Building-Supplement 1 INTRODUCTION/BACKGROUND Dear Mr. Holcomb, Cobb, Fendley & Associates, Inc. ("CobbFendley") is pleased to submit this proposal for professional engineering services to assist the City of Kent("Client"),with preparing a bid package for the KEHOC fiber line connection including specifications and stamped engineering plans showing public utilities and crossings using our as-built information and GIS data. The proposed scope of services, basis of compensation, and schedule are outlined below for your review. CobbFendley's services are to be performed for the sole benefit of the Client,who shall be responsible for payment of those services. When accepted by the signature of Client's authorized representative, the authorization and the documents referenced herein shall constitute the entire agreement between Client and CobbFendley with respect to this project. 2 SCOPE OF SERVICES CobbFendley will process additional provided utility and ROW data from the Client and update the design accordingly with necessary clearance dimensions and callouts. CobbFendley will add additional notes and contractor guidance within the plan set to prepare for the bidding process. CobbFendley professional engineers will review and seal the updated plan set. 2.1 Basis of Compensation CobbFendley proposes to perform the described Scope of Services for the following lump sum fees: LumpSum total....................................................................................................$4,468.00 2.2 Schedule of Services Upon receipt of all utility records (GIS and As-Builts) and Right-of-Way records, and NTP from client with executed supplement in hand, CobbFendley will complete updates the above scope within 2 weeks. Proposal for Engineering Services Page 1 ©2021 Cobb,Fendley&Associates,Inc. City of Kent •"� CobbFendley Fiber Line Between Station 74 and New KEHOC Building-Supplement .. 2.3 Payment Terms Cobb Fendley will send a single lump sum invoice for the full amount upon delivery of the updated plan set for bid packaging. 3 ASSUMPTIONS, EXCLUSIONS, AND ADDITIONAL SERVICES 3.1 Assumptions The following assumptions were made in the development of this Scope of Work: • Profiles will not be required, callouts for typical depth and specified depths at utility crossing will be accepted. • PE Seal will not apply to ISP section of design. • City of Kent will provide comprehensive public utility and ROW data/records. CobbFendley will incorporate and update design based on data/records provided. • CobbFendley will not develop the bid package but will provide an updated plan set with new requirements set by Public Works,which will be included in the bid package. • CobbFendley will provide RUS units in the plan set rake-off sheet and will provide applicable RUS bulletins to include in the bid package. 3 2 Exclusions The following exclusions will apply to this Scope of Work: • Participation in RFP/Bidding Process, outside of responding to RFls. • Construction Oversight • Any detailed design work inside private property(ISP) • Utility Coordination • Utility Locates • Field Verification 33 Additional Services Any services not included in the scope shall be considered Additional Services.Additional Services are provided on a negotiated lump sum basis, if requested, and after Client authorization with the execution of a Supplement to the Original Agreement. • Full Utility Coordination Scope • Subsurface Utility Engineering • GIS Asset Management Proposal for Engineering Services Page 2 ©2021 Cobb,Fendley&Associates,Inc. City of Kent •"� CobbFendley Fiber Line Between Station 74 and New KEHOC Building-Supplement .. 4 PROPOSAL ACCEPTANCE If this proposal is acceptable to you, please provide an authorization to begin work or indicate your acceptance by signing in the space provided below and return one original to us for our file.This proposal is void if not accepted within thirty days of the date hereon.The opportunity to propose professional engineering services to your firm is appreciated and we look forward to serving you on this project.A copy of CobbFendley's General Terms and Conditions is attached and constitutes a part of this agreement. Sincerely, This Proposal Accepted By: Cobb, Fendley&Associates, Inc. City of Kent Signature Jarod Branstetter, PE CC:Abin Abraham, PE Print Name Title Date of Authorization Proposal for Engineering Services Page 3 ©2021 Cobb,Fendley&Associates,Inc. City of Kent ME CobbFendley Fiber Line Between Station 74 and New KEHOC Building-Supplement ■. 5 GENERAL TERMS AND CONDITIONS OF THE AUTHORIZATION FOR PROFESSIONAL SERVICES 5.1 REIMBURSABLE EXPENSES CobbFendley's direct expenses shall be those costs incurred on or directly for the CLIENT'S project, including but not limited to necessary transportation costs including mileage at the current IRS rate, meals and lodging, laboratory tests and analyses,and printing and binding charges. These direct expenses shall be billed in accordance with the attached rate schedule. .2 OUTSIDE SERVICES When technical or professional services are furnished by an outside source, when approved by the CLIENT, an additional amount shall be added to the cost of these services by CobbFendley to cover CobbFendley's administrative costs, as provided in the attached CobbFendley rate schedule. 5.3 COST PROJECTIONS If included in CobbFendley's scope of services, opinions or estimates of probable construction costs are prepared on the basis of CobbFendley's experience and qualifications and represent CobbFendley's judgment as a professional generally familiar with the industry. However, since CobbFendley has no control over the cost of labor, materials, equipment or services furnished by others,over contractor's methods of determining prices,or over competitive bidding or market conditions, CobbFendley cannot and does not guarantee, represent or warrant that proposals, bids, or the actual construction cost will not vary from CobbFendley's opinions or estimates of probable construction cost. 5.4 PROFESSIONAL STANDARDS CobbFendley agrees to perform its services in accordance with the standard of professional care used by other practicing professional engineers of ordinary prudence in the same field of engineering and performing the same type of work in CLIENT'S community under the same or similar circumstances. CobbFendley makes no other warranty, expressed or implied. 5.5 TERMINATION Either CLIENT or CobbFendley may terminate this authorization by giving 30 days written notice to the other party. In such event, CLIENT shall forthwith pay CobbFendley in full for all work previously authorized and performed prior to effective date of termination. If no notice of termination is given, the relationships and obligations created by this Authorization shall be terminated upon completion of all applicable requirements of this Authorization. Failure by Client to make payments when due shall be cause for suspension of services or, ultimately, termination, unless and until CobbFendley has been paid in full all amounts due for services,expenses and other related charges, including interest on past due amounts. 5,6 OWNERSHIP OF DOCUMENTS All documents prepared or furnished by CobbFendley pursuant to this Agreement are instruments of CobbFendley's professional service,and CobbFendley shall retain an ownership and property interest therein, including all copyrights. CobbFendley grants Client a license to use instruments of CobbFendley's professional service for the purpose of constructing, occupying or maintaining the project. Reuse or modification of any such documents by Client, without CobbFendley's written permission,shall be at Client's sole risk,and Client agrees to indemnify and hold CobbFendley harmless from all claims, damages and expenses, including attorneys'fees, arising out of such reuse by Client or by others acting through Client. 57 USE OF ELECTRONIC DOCUMENTS Copies of documents that may be relied upon by Client are limited to the printed copies (also known as hard copies) or fully-scaled PDF files that are signed and sealed by CobbFendley's authorized design professionals. Files in Proposal for Engineering Services Page 4 ©2021 Cobb,Fendley&Associates,Inc. City of Kent •"� CobbFendley Fiber Line Between Station 74 and New KEHOC Building-Supplement .. electronic formats, or other types of information furnished by CobbFendley to Client such as text,data or graphics,are only for convenience of Client. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic formats, CobbFendley makes no representations as to long-term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems or computer hardware differing from those in use by CobbFendley at the beginning of this project. 5.3 HAZARDOUS ENVIRONMENTAL CONDITIONS CobbFendley shall have no liability or responsibility for the discovery, presence, handling, removal, disposal, cleanup, or exposure of persons or other property to underground substances,hazards,or conditions or other latent substances, hazards or conditions (including but not limited to contaminants, pollutants, chemicals or other hazardous or toxic solids, liquids or gases of any kind), Client acknowledges that CobbFendley is performing professional services for Client and CobbFendley is not and shall not be required to become an "arranger," "operator," "generator" or "transporter" of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA). 5.9 FORCE MAJEURE Neither party shall be deemed in default of this agreement to the extent that any delay or failure in the performance of its obligations results from any cause beyond its reasonable control and without its negligence. 5.110 CONSTRUCTION PHASE SERVICES If this Agreement provides for any construction phase services by CobbFendley, it is agreed that the Contractor, not CobbFendley, is responsible for the construction of the project, and that CobbFendley is not responsible for the acts or omissions of any contractor, subcontractor or material supplier; for time of performance; for safety precautions, programs or enforcement; or for construction means, methods, techniques, sequences and procedures employed by the Contractor. CobbFendley shall not be obligated to make exhaustive or continuous on-site inspections to check the quality or adequacy of construction or to verify that the work or materials of any contractor, subcontractor or materials supplier is in compliance with the plans and specifications. CobbFendley shall not be responsible for the Contractor's failure to execute the work in accordance with the Construction contract. 5.11 LIMITATION OF LIABILITY FOR DAMAGES IN THE EVENT THAT CLIENT SHALL MAKE ANY CLAIM OR FILE ANY SUIT FOR DAMAGES AGAINST COBBFENDLEY ARISING OUT OF OR RELATED TO COBBFENDLEY'S PERFORMANCE OR NON- PERFORMANCE OF THE SERVICES TO BE PROVIDED UNDER THIS AGREEMENT,COBBFENDLEY'S LIABILITY TO CLIENT FOR ANY SUCH DAMAGES SHALL BE LIMITED TO ACTUAL AND DIRECT DAMAGES TO AN AMOUNT NOT TO EXCEED THE AMOUNT FEES CHARGED BY COBBFENDLEY TO CLIENT HEREUNDER. COBBFENDLEY SHALL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS OPPORTUNITIES, ADDITIONAL OVERHEAD, OR DAMAGES FOR LOSS OF USE OR LOSS OF PRODUCTION. 5.12 ALTERNATIVE DISPUTE RESOLUTION In the event that any dispute shall arise between Client and CobbFendley regarding the parties rights or obligations under this Agreement,the parties shall,as a condition precedent to taking any action against one another make a good faith effort to resolve such disagreements by negotiation and/or non-binding mediation. 5.113 LEGAL EXPENSES In the event that legal action is brought by CLIENT or CobbFendley against the other party to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses as may be set by the court. Proposal for Engineering Services Page 5 ©2021 Cobb,Fendley&Associates,Inc. City of Kent •"� CobbFendley Fiber Line Between Station 74 and New KEHOC Building-Supplement .. 5.14 PAYMENT TO COBBFENDLEY Monthly invoices will be issued by CobbFendley for all work performed under the terms of this agreement. Invoices are due and payable within ten (10) business days of receipt. Unless noted otherwise, tasks stated in the Scope of Services will be invoiced on a lump sum basis. If CLIENT is not the OWNER, CLIENT agrees to pay CobbFendley within ten (10) business days of receipt of payment from OWNER. Pending resolution of any dispute concerning any portion of any invoice submitted by CobbFendley, all undisputed portions shall be paid in accordance with this paragraph. Progress payments on CobbFendley fees for percentage of project completion and reimbursable expenses incurred will be due and payable upon receipt of invoice at the end of each month. If payment is not received within 60 days from date of invoice, CobbFendley retains the right to cease further work on the project until such time that the overdue invoices are paid. CobbFendley also retains the right to withhold final approved plans and other deliverables until all overdue invoices are paid. 5.15 AUTHORIZATION OF OWNER Client hereby authorizes CobbFendley to enter upon the property for the purpose of conducting CobbFendley services thereon. If Client is not the Owner of the property, Client agrees to obtain such authorization from the Owner and provide same in writing to CobbFendley. 5.16 CONTRACT DOCUMENTS This signed Authorization, together with the attached General Terms and Conditions of the Authorization for Professional Services and CobbFendley Rate Schedule contains the entire and integrated agreement between Client and CobbFendley and supersedes all prior negotiations, representations or agreements, either written or oral. This agreement may only be amended by written instrument signed by both parties. 5.17 SALES TAX To the extent that state sales taxes apply to any of the services or materials to be provided hereunder, such taxes are in addition to and are not included in the proposed fees of this Authorization. 5.118 BENEFICIARIES AND ASSIGNMENT This agreement is made for the sole benefit of Client and CobbFendley and nothing in this agreement shall create a contractual relationship or cause of action in favor of any third party against either Client or CobbFendley. This agreement may not be assigned without the written consent of both Client and CobbFendley. Proposal for Engineering Services Page 6 ©2021 Cobb,Fendley&Associates,Inc. City of Kent •"� CobbFendley Fiber Line Between Station 74 and New KEHOC Building-Supplement .. Proposal for Engineering Services Page 7 ©2021 Cobb,Fendley&Associates,Inc. Signature: fCU " Kim Komoto(Jul 19,2024 09:05 PDT) Email: cityclerk@kentwa.gov CAG2024-144 - Original - Cobb Fendley & Associates, Inc. - KEHOC Fiber Engineered Design - Amendment 1 Final Audit Report 2024-07-19 Created: 2024-07-16 By: Leah Bryant(Ibryant@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAAAJ9sAAcrmoDQK2MzhWnCz2YgnEyJMuFQ "CAG2024-144 - Original - Cobb Fendley & Associates, Inc. - KE HOC Fiber Engineered Design - Amendment 1 " History Document created by Leah Bryant(Ibryant@kentwa.gov) 2024-07-16-10:40:44 PM GMT Document emailed to nharper@kentwa.gov for signature 2024-07-16-10:45:07 PM GMT Email viewed by nharper@kentwa.gov 2024-07-16-10:46:38 PM GMT &Q Signer nharper@kentwa.gov entered name at signing as Nathen C. Harper 2024-07-16-10:48:10 PM GMT Document e-signed by Nathen C. Harper(nharper@kentwa.gov) Signature Date:2024-07-16-10:48:12 PM GMT-Time Source:server Document emailed to Jarod Branstetter abranstetter@cobbfendley.com)for signature 2024-07-16-10:48:15 PM GMT Email viewed by Jarod Branstetter Qbranstetter@cobbfendley.com) 2024-07-16-11:06:36 PM GMT Email viewed by Jarod Branstetter Qbranstetter@cobbfendley.com) 2024-07-19-0:38:22 AM GMT 140 Document e-signed by Jarod Branstetter abranstetter@cobbfendley.com) Signature Date:2024-07-19-0:38:51 AM GMT-Time Source:server Powered by Adobe �� KENT Acrobat Sign Document emailed to Kim Komoto (kkomoto@kentwa.gov)for signature 2024-07-19-0:38:53 AM GMT Email viewed by Kim Komoto (kkomoto@kentwa.gov) 2024-07-19-2:13:49 PM GMT Document e-signed by Kim Komoto (kkomoto@kentwa.gov) Signature Date:2024-07-19-2:14:00 PM GMT-Time Source:server Document emailed to cityclerk@kentwa.gov for signature 2024-07-19-2:14:03 PM GMT Email viewed by cityclerk@kentwa.gov 2024-07-19-4:02:55 PM GMT d4 Signer cityclerk@kentwa.gov entered name at signing as Kim Komoto 2024-07-19-4:05:28 PM GMT �p Document e-signed by Kim Komoto (cityclerk@kentwa.gov) Signature Date:2024-07-19-4:05:30 PM GMT-Time Source:server Q Agreement completed. 2024-07-19-4:05:30 PM GMT Powered by Adobe �� KENT Acrobat Sign