001-22 - CONSOR North America, Inc. - Contract Amendment 2DocuSign Envelope ID: 7E03A54E-3490-4022-B959-1CC7952D412C
CITY OF PORT ORCHARD
Authorization for Amendment No. 2
Date: December 13, 2022 Contractor: CONSOR North America, Inc
Project: 2022 On-Call/Modeling Update 600 University Street, Suite 300,
Services for the City's Water Seattle, WA 98101
Systems
Contract / Job # C001-22
THIS AMENDMENT AUTHORIZES THE FOLLOWING CHANGES TO THE AGREEMENT:
1. A company name change from Murraysmith, Inc. to CONSOR North America, Inc
2. A time extension - extending the Agreement termination date to December 31, 2024.
3. A Contract increase of $150,000 ($75,000 annually for 2023 and 2024) for a "Time and Materials Not
to Exceed" total of $330,000.
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.
The extension is for continued On-Call/Modeling Update services for 2023 and 2024.
Contract History
Amount Sales Tax Total Date Appvd b
Original Contract
$80,000.00
$0.00
$80,000.00
11-Jan-22
Council
Amendment 1
$100,000.00
$0.00
$100,000.00
08-Mar-22
Council
Amendment 2
$1S0,000.00
$0.00
$150,000.00
13-Dec-22
Council
Total Contract $330,000.00 $0.00 $330,000.00
I have reviewed the Amendment information above and certify that to the best of my knowledge
descriptions and costs are true and accurate.
Consultant Approval Signature
Erika Schuyler, PE, PMP, Regional Manager
Printed Name & Title
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.
Change Orders that do not exceed 10%, with a maximum of
$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.
Public Works Director
Tony Lang
Printed uSignedby:
rlJ,
Approved: Z P5
WA
Mayor .�
Attest:
City Clerk
12/13/2022
Council Approval Date
DocuSign Envelope ID: 7E03A54E-3490-4022-B959-1CC7952D412C
AMENDMENT NO. 2 TO CONTRACT NO. C001-22
CITY OF PORT ORCHARD AGREEMENT WITH
Consor North America, Inc
THIS AMENDMENT No. 2 ("Amendment") to Contract No. C001-22 is made effective as of the 13 t h day
of December 2022, by and between the City of Port Orchard, a Washington municipal corporation ("City" or
"Port Orchard") and CONSOR North America, Inc., an Oregon corporation ("Consultant"). City and Consultant
are each a "Party" and together "Parties" to this Amendment.
RECITALS:
WHEREAS, on the 1st day of January 2022, the City executed an Agreement for the 2022 On-
Call/Modeling Update Services for the City's Water Systems, Contract No. C001-22 with the Consultant
("Underlying Agreement"); and
WHEREAS, on the 8t" day of March 2022, Port Orchard City Council approved Amendment No. 1 for
additional tasks for On -Call Hydraulic Analyses and Modeling and new infrastructure review; and
WHEREAS, effective the 3rd day of October 2022, the "Consultant" changed its entity name from
Murraysmith, Inc to CONSOR North America, Inc; and
WHEREAS, Section 2 of the Underlying Agreement provides the City the right to offer contract
extensions prior to the contract's expiration to retain the Consultant's services; and
WHEREAS, the Consultant and the City have conferred and agreed to extend the duration of the
agreement to December 31, 2024, and to increase the amount of the contract by $150,000 in anticipation
of additional work for 2023 and 2024; and
WHEREAS, the parties wish to memorialize their agreement and so extend the Underlying
Agreement;
NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties
thereto as follows:
SECOND AMENDMENT TO AGREEMENT:
1. Amendment. The Consultant entity name is changed from Murraysmith, Inc to CONSOR
North America, Inc.
2. Amendment. Section 2 Duration of Work, of the Agreement, is hereby amended to read as
follows: The Consultant shall not begin any work under this Agreement until the City has issued a Notice to
Proceed. This Agreement shall expire on December 31, 2024, unless extended by an amendment executed by
the duly authorized representatives of the parties.
Amendment No.2 to Agreement between City of Port Orchard and CONSOR North America, Inc
Contract No.0001-22 Page 1
updated 4/2022 IBDR
DocuSign Envelope ID: 7E03A54E-3490-4022-B959-1CC7952D412C
3. Amendment. Section 3A. Payment, of the Agreement, is hereby amended to read as follows:
Compensation under this Agreement will be on a "time and materials not to exceed" basis, based on the fees
included for each approved task assignment, provided total compensation for these services shall not exceed
$330,000 (inclusive of all compensation paid after execution of this Agreement but prior to this Amendment),
without written authorization, and will be based on the list of hourly billing rates and reimbursable expenses
set forth in Exhibit B, attached to the Underlying Agreement, and incorporated herein by this reference.
4. 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.
S. 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.
6. Effective date. This Amendment shall be effective as of December 13, 2022.
DATED this 13 day of December 2022.
C ®F�!PQRT,ORCHARD, WASHINGTON
P4a&A-sWA,
Fzr�an�n
Robert Putaansuu, Mayor
ATTEST/AUTHENTICATED:
Brandy Wallace, MMC, City Clerk
A /V An :TO FORM:
Charlotte A. Archer, City Attorney
CONSULTANT
a,�- """. � L,
Signature
Erika Schuyler, PE, PMP, Regional Manager
Printed Name and Title
�011111 M
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Rp6R
SEAL
Amendment No.2 to Agreement between City of Port Orchard and CONSOR North America, Inc
Contract No.0001-22 Page 2
updated 4/2022 IBDR