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063-19 - Ward C. Muller and Associates - Contract Amendment 3DocuSign Envelope ID: 1 F59EA70-758A-4842-8A2D-C44926B81 E30 Amendment No. 3 to Contract No. 063-19 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT WITH Ward Muller and Associates THIS AMENDMENT No. 3 to Contract No. 063-19 ("Amendment") is entered into between the City of Port Orchard, a Washington municipal corporation ("City" or "Port Orchard") and Ward C. Muller and Associates, a Washington Sole Proprietorship ("Consultant"). City and Consultant are each a "Party" and together "Parties" to this Amendment. RECITALS: WHEREAS, on September 4, 2019, the City executed a Professional Services Agreement for On Call Professional Surveying with the Consultant ("Underlying Agreement"); and WHEREAS, on December 31, 2020, Amendment No. 1 was approved, extending the Underlying Agreement's termination date to December 21, 2021; and WHEREAS, on November 15, 2021, Amendment No. 2 was approved, extending the Underlying Agreement's termination date to December 31, 2022; and WHEREAS, Section 3 (Duration of work) of the Underlying Agreement, as amended, provides that the Underlying Agreement shall expire on December 31, 2022, unless extended by an amendment executed by the duly authorized representatives of the parties; and WHEREAS, Section 4 (compensation) of the Underlying Agreement, as amended, provides that compensation under the Underlying Agreement will be on a "time and materials, not to exceed" basis, and further provides that compensation for services for all Task Orders shall not exceed $15,000.00 without written authorization and will be based on the list of hourly billing rates and reimbursable expenses set forth in the Underlying Agreement as Exhibit A; and WHEREAS, continuing services for On -Call Professional Surveying, consistent with the qualifications -based -selection process utilized forthis professional service, are required by the City that will exceed the current value of the Underlying Agreement; and WHEREAS, the Consultant and the City have conferred and agreed to extend the termination date, Section 3 (Duration of Work), of the Underlying Agreement, as amended, and to increase the "Time and Materials Not to Exceed" amount, Section 4 (Compensation), of the Underlying Agreement from $15,000 to $83,250 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 Amendment No. 3 to Agreement between City of Port Orchard and Ward C Muller and Associates Contract No. C063-19 Page 1 Updated 4/2022 IBDR DocuSign Envelope ID: 1 F59EA70-758A-4842-8A2D-C44926B81 E30 the parties thereto as follows: 1. Amendment. a. Section 3, Duration of Work, of the Underlying Agreement is hereby amended to read as follows: The Consultant shall not begin any work under this Agreement until an authorized Task Order has been agreed upon by the parties, and the City has issued a Notice to Proceed. This Agreement shall expire on June 30, 2023, unless extended by an amendment executed by the duly authorized representatives of the parties. b. Section 4, Compensation, of the Underlying Agreement is hereby amended to read as follows: Compensation under this Agreement will be on a "time and materials, not to exceed" basis. Compensation for services for all Task Orders shall not exceed $83,250, inclusive of all amounts paid prior to the execution of Amendment No 3 to this agreement, without advance written Authorization and will be based on the amended list of hourly billing rates and reimbursable expenses set forth in Exhibit A, attached hereto and incorporated herein by this reference. c. Section 5A, Payment, of the Underlying Agreement is hereby amended to read as follows: This Agreement does not guarantee any amount of work for the Consultant. Task Orders will be developed as determined by the City and as provided for in this Agreement. The City shall pay the Consultant an amount based on time and materials, not to exceed Eighty - Three Thousand Two Hundred Fifty Dollars ($83,250.00), inclusive of all amounts paid prior to the execution of Amendment No 3 to this agreement, for the services described in Section 1 herein. This is the maximum amount to be paid under this Agreement for the work described in this Agreement and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed supplemental agreement. PROVIDED, HOWEVER, the City reserves the right to direct the Consultant's compensated services under the time frame set forth in Section 3 herein before reaching the maximum amount. d. Exhibit A of the Underlying Agreement is hereby replaced with Attachment A to this Amendment. The updated rates on Attachment A shall apply to work performed after execution of Amendment No. 3 to the Underlying Agreement. 2. 5everability. 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, Amendment No. 3 to Agreement between City of Port Orchard and Ward C Muller and Associates Contract No. C063-19 Page 2 Updated 4/2022 IBDR DocuSign Envelope ID: 1 F59EA70-758A-4842-8A2D-C44926B81 E30 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. 2022. 4. Effective date. Upon mutual execution, this Amendment shall be effective as of July 12, DATED this 12t" day of July, 2022. .QJ:,RQ5J ORCHARD, WASHINGTON 96bt *f P4ataln,W, F'69E888SDUET3E ... Robert Putaansuu, Mayor 5UAWtT,H E NTI CATED: Brandy Wallace, MMC, City Clerk APPRoV�DeA$ TO FORM: Char o �eF,�'Rrrc'her, City Attorney `ti OGORP O RgT�� SEAL '��F�FWA��;��• CONS L_ TA4 T Signature LYtL: )Nni)�� Owh� Printed Name and Title Amendment No. 3 to Agreement between City of Port Orchard and Ward C Muller and Associates Contract No. C063-19 Page 3 Updated 4/2022 IBDR DocuSign Envelope ID: 1 F59EA70-758A-4842-8A2D-C44926B81 E30 Attachment A Ward C. Muffer and Associates - Licensed Land Surveyors 217 Sidney Avenue Port Orchard, WA 98366 Telephone (360)876-3443 Fax (360)377-5951 www.wcmassoc.com EIN 90-0011360---UBI 600 385 020 December 27, 2021 2022 RATE SCHEDULE: UNIT PRICES FOR SERVICE Mon -Fri Regular Time (8 hour/day or under) Research $143.28 per hour Office Work $135.28 per hour Fieldwork $224.68 per 2 man crew $289.68 per 3 man crew Administrative Services $77.28 per hour Equipment Rental $23.38 per crew hour Global Positioning System Services (STATIC) Mission Planning $139.68 per hour Post Processing of aquired data $135.28 per hour Occupation Per receiver (4 hour minimum) $168.68 per hour per receiver Global Positioning System Services (RTK) Mission Planning $139.68 per hour Post Processing of aquired data (if required) $135.28 per hour Occupation (One man Crew) 0 hour minimum) $205.68 per hour per receiver Robotics Total Station One-man Crew $227.68 per hour page 1 DocuSign Envelope ID: 1 F59EA70-758A-4842-8A2D-C44926B81 E30 Ward C. Muffer and Associates - Licensed Land Surveyors 2022 RATE SCHEDULE: UNIT PRICES FOR SERVICE Autonomous Vehicles aerial/ ground /water Post Processing of aquired data (specialty softwares) Professional Services Record of Survey map or sketches to specification required by R.C.W. 58.09 and WAC 332-130 Other CAD work as requested or required for project negotiated per job $155.68 per hour $245.00 per hour $124.68 per hour $124.68 per hour Professional supervision, review and approval of work Per Professional Services conducted for clients to specifications contained in project estimates. Document Recording Submission of documents requiring recording with the $95.00 County Auditor. Materials Material cost +12.5% page 2 DocuSign Envelope ID: 1 F59EA70-758A-4842-8A2D-C44926B81 E30 IL CITY OF PORT ORCHARD Authorization for Amendment No. 3 Date: July 12, 2022 Project: On -Call Surveyor Contract / Job # C063-19 Contractor: Ward C. Muller & Associates 217 Sidney Ave Port Orchard, WA 98366 THIS CHANGE ORDER AUTHORIZES the extension of the contract expiration date, Section 3 (Duration of Work) of the agreement, as amended to June 30, 2023, and to increase the "Time and Materials Not to Exceed" amount, Section 4 (Compensation), of the agreement from $15,000 to $83,250.00 in anticipation of the additional work as described in quote dated 5/14/22 attached to amendment 3. Contract History Amount Sales Tax Total Date Appvd b Original Contract 1 $15,000.001 $0.001 $15,000.00 04-Sep-19 Council !Amendment 1 1 $0.001 $0.00 $0.00 31-Dec-20 PW Director Amendment 2 I $0.001 $0.00 $0.00 15-Nov-21 Pw Director Amendment 3 1 $68,250.001i $0.00 $68,250.00 12-Jul-22 Council f ITotal Contract $83,250.00 $0.00 $83,250.00 I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and costs re t e and accurate. Contractor Approval Signature Public s Director ngineer L Q i'/ T\ULLr-t-. CW NEE, Printed Name & Title MARK R. DORSEY, P.E. Printed Name 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. Change Orders that do not exceed 10%, with a maximum of Attest: $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. —DocuSigned by: 96bL41f P a AJA Sl t t Mayor DocuSigned by: City er July 12, 2022 Council Approval Date �"rmvmmeppl�ee9111�191�1MC1�tlMtl1N��+l4�ied�rl�.l�}FOISIIIeeee�*9+In1RMA AlNl�R17Tt�t}t�t�l 111 Page 1