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029-22 - Consor North America, Inc.-Murraysmith - Contract Amendment 1DocuSign Envelope ID: 14FCD201-078F-40A9-A4F1-666B72A62A6C CITY OF PORT ORCHARD Authorization for Amendment No. 1 Date: January 10, 2023 Project: 2023 General Sewer Plan Update for the City's Sanitary Sewer System Contract / Job # CO29-22 Contractor: CONSOR North America, Inc 600 University Street, Suite 300, Seattle, WA 98101 THIS AMENDMENT AUTHORIZES THE FOLLOWING CHANGES TO THE AGREEMENT: 1. A company name change from Murraysmith, Inc. to CONSOR North America, Inc. 3. A Contract increase of $23,124 for a "Time and Materials Not to Exceed" total of $140,396. 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. Amendment No. 1 is for additional and necessary work associated with the City of Port Orchard (City) General Sewer Plan Update. Contract History Amount Sales Tax Total Date Appvcl b Original Contract $117,272.00 $0.00 $117,272.00 22-Feb-22 Council Amendment 1 $23,124.00 $0.00 $23,124.00 10-Jan-23 Council Total Contract $140,396.00 $0.00 $140,396.00 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 Public Works Director/City Engineer Erika Schuyler, PE, PIMP, Regional Manager Tony Lang Printed Name & Title Printed Name DocuSignedby: Approved: 96b P4a&A SWA, Change Orders that do not exceed 10%, with a maximum of 771 I II''11 $50,000, of either legally authorized budget limit or contract amount established by City Council can be approved by the Public sc aanaas Works Director. Attest: 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. City Clerk January 10, 2023 Council Approval Date Page 1 DocuSign Envelope ID: 14FCD201-078F-40A9-A4F1-666B72A62A6C AMENDMENT NO. 1 TO CONTRACT NO. CO29-22 CITY OF PORT ORCHARD AGREEMENT WITH CONSOR North America, Inc THIS AMENDMENT No. 1 ("Amendment") to Contract No. CO29-22 is entered into 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 RECITALS: WHEREAS, due to limitations of in-house staff, the City utilizes a professional engineering firm to provide Comprehensive Plan Updates for the City's Sanitary Sewer System; and WHEREAS, following a successful procurement process on February 22, 2022, the City executed a Professional Services Agreement for the 2023 General Sewer Plan Update for the City's Sanitary Sewer System, Contract No. CO29-22 with the Consultant ("Underlying Agreement"); and WHEREAS, on October 3, 2022, the "Consultant" changed its entity name from Murraysmith, Inc to CONSOR North America, Inc; and WHEREAS, additional efforts are required for the General Sewer Plan Update for the City's Sanitary Sewer System, and the Parties have memorialized these additional subtasks (within the scope of initial project procurement) as set out in Exhibit A attached hereto; and WHEREAS, the Consultant and the City have conferred and agreed to increase the "time and materials, not to exceed" amount Section 3 (Payment), of the agreement as described herein and in Exhibit B attached hereto; 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: FIRST AMENDMENT TO AGREEMENT: 1. Amendment. a. The Consultant entity name is changed from Murraysmith, Inc to CONSOR North America, Inc. b. 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 Amendment No.1 to Agreement between City of Port Orchard and CONSOR North America, Inc Contract No.0O29-22 updated 4/2022 IBDR Page 2 DocuSign Envelope ID: 14FCD201-078F-40A9-A4F1-666B72A62A6C for these services shall not exceed $140,396 (inclusive of all amounts paid prior to the execution of Amendment 1 to this Agreement), without written authorization, and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit B. 2. 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. 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. 4. Effective date. This Amendment shall be effective as of January 10, 2023. DATED this 10th day of January 2023. CI da€ NTQRCHARD, WASHINGTON jQb� �IMGIA,Itt,SIA.U. Robert Putaansuu, Mayor T�j AWPN:E NTI CATE D: Brandy Wallace, MMC, City Clerk k0dAS TO/. FORM: Charlotte A. Archer, City Attorney CONSULTANT C �L_ Signature Erika Schuyler, PE, PMP, Regional Manager Printed Name and Title Amendment No.1 to Agreement between City of Port Orchard and CONSOR North America, Inc Contract No.0O29-22 Updated 4/2022 IBDR Page 3 DocuSign Envelope ID: 14FCD201-078F-40A9-A4F1-666B72A62A6C EXHIBIT A SCOPE OF SERVICES 2023 General Sewer Plan Update Amendment 1 City of Port Orchard Introduction Consor North America, Inc. (Consor) has developed the following scope of services and accompanying engineering fee estimate for Amendment 1 to Contract CO29-22 for additional services associated with the City of Port Orchard (City) General Sewer Plan Update. The need for these services is because the City requested that Consor provide visual condition assessments for the mechanical, structural, and electrical components for a portion of the City's sewer pump stations. The scope of services and fee for this amendment have been developed based on discussions with City staff and our understanding of the additional project elements. The additional services defined herein for pump station condition assessments beyond the previously authorized contract amount for the General Sewer Plan work consist of services supplementing the following tasks from the original scope of work. ➢ Task 1— Project Management ➢ Task 6 — Sewer System Evaluation Project Understanding and Assumptions The scope of services for Amendment 1 was developed based on the following assumptions. ➢ The following pump stations will be assessed for mechanical and structural condition: o Canyon Court o Cedar Heights o Eagle Crest o Flower Meadows o Golden Pond o Harrison Hospital o Pottery o Sedgwick Consor • December 2022 • City of Port Orchard 2023 GSP Update Amendment 1 • 1 DocuSign Envelope ID: 14FCD201-078F-40A9-A4F1-666B72A62A6C o Tremont Place o Ridge 1&2 o Ridge 3 o McCormick Meadows o Lowe's ➢ The following pump stations will be assessed for electrical condition: o Canyon Court o Harrison Hospital o Pottery o Ridge 1&2 o Ridge 3 o McCormick Meadows o Lowe's ➢ The condition assessment results will be incorporated into Section 6 of the GSP. Scope of Services Consultant will perform the following services. Task 1 - Project Management Objective Provide overall leadership and team strategic guidance aligned with City staff objectives. Coordinate, monitor, and control the project resources to meet the technical, communication, and contractual obligations required for developing and implementing the project scope. Activities 1.4 Coordination with Subconsultants Manage and coordinate the technical and scope issues of the overall project. Progress meetings will be conducted as appropriate. Coordinate with Subconsultants on specific tasks, scope, and budget. Conduct progress meetings as appropriate. Consor • December 202 • City of Port Orchard 2023 GSP Update Amendment 1 • 2 G:\PDX_BD\Clients\Port Orchard\2023 General Sewer Plan Update\Scoping\Amendment 1 Condition Assessment\COPO GSP Amendment 1 - Scope of Work_ final_V2.docx DocuSign Envelope ID: 14FCD201-078F-40A9-A4F1-666B72A62A6C 1.7 Quality Assurance/Quality Control (QA/QC) Conduct QA/QC reviews at all major deliverable milestones prior to submitting review packages to the City. Assumptions ➢ Work under this amendment will increase the originally assumed project duration by up to two (2) months. ➢ Project schedule will be updated once for the work associated with this amendment. Task 6 — Pump Station Condition Assessments Objective Develop pump station condition assessment criteria and tracking forms. Each criterion to have a numeric score associated with it based on importance to facilitate ranking pump stations based on condition needs. Activities Subtask 6.5 Pump Station Condition Assessments Submit criteria and forms to City for approval prior to assessing pump stations. Conduct pump station condition assessment site visits with City staff. Evaluate the condition of major station components by visual inspection documenting the general condition of the structural, electrical, and mechanical systems that comprise the stations. Assign a condition rating to document the site visit using the tracking form. Participate in review meeting with the City after site visits have been completed and tracking forms filled out. Task Deliverables ➢ Criteria and methodology for condition assessment scoring, likelihood of failure, and consequence of failure ➢ Tracking form example ➢ Completed tracking forms post assessments Assumptions ➢ Pump station condition assessment assumes three (3) Consultant team members (two from Consor and one from ISI) for 1 hour per station for 13 pump stations as noted above. Electrical assessments will be performed at 7 pump stations as noted above. ➢ Structural assessment is visual inspection only and does not include material testing of any kind. ➢ Review meeting to last one (1) hour and will be attended by three (3) Consultant team members (two from Consor and one from ISI). Consor • December 2022 • City of Port Orchard 2023 GSP Update Amendment 1 • 3 G:\PDX_BD\Clients\Port Orchard\2023 General Sewer Plan Update\Scoping\Amendment 1 Condition Assessment\COPO GSP Amendment 1- Scope of Work_ final_V2.docx DocuSign Envelope ID: 14FCD201-078F-40A9-A4F1-666B72A62A6C Budget The detailed fee estimate is provided as Exhibit B. Payment will be made at the Billing rates for personnel working directly on the project, which will be made at the Consultant's Hourly Rates, plus Direct Expenses incurred. Subconsultants, when required by the Consultant, will be charged at actual costs plus a 10 percent fee to cover administration and overhead. Direct expenses will be paid at the rates shown in the table below. Direct Expenses Expenses incurred in-house that are directly attributable to the project will be invoiced at actual cost. These expenses include the following. Computer Aided Design and Drafting $18.00/hour GIS and Hydraulic Modeling $10.00/hour Mileage Current IRS Rate Postage and Delivery Services At Cost Printing and Reproduction At Cost Travel, Lodging and Subsistence At Cost Project Schedule Work will begin upon receipt of a signed contract amendment and notice to proceed, or other agreeable written authorization. Work will proceed in a timely manner with an anticipated completion date two months from notice to proceed. The project duration is based on timely input, information, City staff availability to access assessed stations, and review comments from City staff. Consor • December 202 • City of Port Orchard 2023 GSP Update Amendment 1 • 4 G:\PDX_BD\Clients\Port 0rchard\2023 General Sewer Plan Update\Scoping\Amendment 1 Condition Assessment\COPO GSP Amendment 1 -Scope of Work_fina l_V2.docx DocuSign Envelope ID: 14FCD201-078F-40A9-A4F1-666B72A62A6C 2023 GENERAL SEWER PLAN UPDATE - AMENDMENT 1 CITY OF PORT ORCHARD PROPOSED FEE ESTIMATE LABOR CLASSIFICATION (HOURS) Principal Engineer VI Professional Engineer IX Engineering Designer III Hours Labor Subconsultants Multiplier % Markup Subconsultant Total with Markup Expenses CADD Units $18/hr GIS Units $10/hr Total E&IC Task 1- Project Management Task 1.4 - Coordination with Subconsultants 1 3 4 $ 1,043 1.1 $ $ $ $ $ 1,043 Task 1.7 - Quality Assurance/Quality Control (QA/QC) 2 2 $ 617 1.1 $ $ $ $ $ 617 Task 1 Subtotal 3 3 0 6 $ 1,660 $ - $ $ - $ $ $ 1,660 Task 6 - Pump Station Condition Assessments Task 6.5 - Pump Station Condition Assessments 22 22 44 $ 9,379 $ 10,850 1.1 $ 11,935 $ 150 $ $ $ 21,464 Task 6 Subtotal 0 2? 2? 44 $ 9,37t9$ 10,850 $ 11,935 $ 150 $ $ $ 21,464 TOTAL -ALL TASKS 3 25 22 50 $ 11,03 10,850 $ 11,935 $ 150 $ $ $ 23,124 City of Port Orchard GSP Amendment 1 December 2022 Consor Page 1 G:\PDX_BD\Clients\Port Orchard\2023 General Sewer Plan Update\Scoping\Amendment 1 Condition Assessment\COPO GSP Amendment 1 Fee Estimate 2022 Rates_final_V2