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054-18 - RH2 Engineering, Inc. - Contract Amendment 8DocuSign Envelope ID: 6A1C47E9-12E8-4313-9083-62A80D9C84B7 CITY OF PORT ORCHARD Authorization for Amendment No. 8 Date: October 24. 2023 Project: Marina Pump Station Rebuild - Phase 3-Final Design and Bid Support and Phase 4 Services during Construction Contract / Job # C054-18 Consultant: RH2 Engineering, Inc 22722 29th Drive SE, Suite 210 Bothel, WA 98021 This Amendment Authorizes the following changes to the Agreement: Section 3 Terms. This agreement shall commence on July 24, 2018 ("Commencement Date") and shall terminate December 31, 2025, unless extended or terminated in writing as provided herein. Section 4 Time and Materials Not to Exceed. Compensation for these services shall not exceed $2,583,559 (inclusive of all amounts paid prior to the execution of Amendment No. 8 to this Agreement), without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit B and C. Contract History Amount Sales Tax Total Date Appvd by Original Contract $250,000.00 $0.00 $250,000.00 24-Jul-18 Council Amendment 1 $0.00 $0.00 $0.00 22-Jul-19 Mayor Amendment 2 $0.00 $0.00 $0.00 10-Dec-19 Mayor Amendment 2A $0.00 $0.00 $0.00 01-Apr-20 Mayor Amendment 3 $726,789.00 $0.00 $726,789.00 29-Jul-20 Council Amendment 4 $14,004.00 $0.00 $14,004.00 29-Dec-20 Mayor Amendment 5 $0.00 $0.00 $0.00 15-Jul-21 PW Director Amendment 6 $679,025.00 $0.00 $679,025.00 23-Feb-22 Council Amendment 7 $859,191.00 $0.00 $859,191.00 20-Dec-22 Council Amendment 8 $54,550.00 $0.00 $54,550.00 24-Oct-23 Council Total Contract $2,583,559.00 $0.00 $2,583,559.00 I have reviewed the Amendment information above and certify that to the best of my knowledge descriptions and costs are true and accurate. Contractor Approval Signature Public Works Directo Richard L. Ballard, Director x Printed Name & Title Printed Name Amendment No. 8 to Agreement C054-18 between City of Port Orchard and RH2 Engineering, Inc. Page 1 of 11 DocuSign Envelope ID: 6A1C47E9-12E8-4313-9083-62A80D9C84B7 DocuSigned by: �4cta&SWA. Public Works Contracts under $35,000, change orders that individually do not Approved: exceed $7,500 with an aggregate cap of $10,000. F8 DocuSignedMydyor Public Works Contracts unbudgeted and under $7,500: All Change Orders that do �Q U _ 11 _ .. not exceed an aggregate cap of $7,500 (Excluding underlying value), provided there Attest: 11JJVAJA (tom are departmental funds available in the budget. nA1A er.ASvseaa City City Clerk All Departments: Mayor approves any and all Change orders that do not exceed 10% of either authorized budget limit or contract amount established by City Council. October 24, 2023 With a maximum aggregate amount of $100,000. Total Contract Amount shall reset to reflect new Council -approved contract totals authorized prior to the requested Council Approval Date change order. Any individual Change order that is over $100,000 requires Council approval. 'Xy1411111t1t,"ll ORT OR 41 'G _ • A r tP Amendment No. 8 to Agreement C054-18 between City of Port Orchard and RH2 Engineering, Inc. Page 2 of 11 DocuSign Envelope ID: 6A1C47E9-12E8-4313-9083-62A80D9C84B7 Amendment No. 8 to Contract No. 054-18 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT WITH RH2 ENGINEERING, INC. THIS AMENDMENT No. 8 ("Amendment") to Contract No. 054-18 is entered into between the City of Port Orchard, a Washington municipal corporation ("City" or "Port Orchard") and RH2 Engineering Inc., a corporation organized under the laws of the State of Washington, located and doing business at 22722 29th Drive SE Suite 210, Bothell WA 98021 ("Consultant"). City and Consultant are each a "Party" and together "Parties" to this Amendment. RECITALS: WHEREAS, following a successful procurement process for the Preparation of Ad Ready Design (100% PS&E), Permitting and Full Construction Administration/Construction Management for the Marina Pump Station Rebuild Project, on July 24, 2018, the City executed a Professional Services Agreement for 2018-2019 Marina Pump Station Rebuild Project, Contract No. C054-18, with the Consultant ("Underlying Agreement"); and WHEREAS, the Underlying Agreement was amended on July 22, 2019 (Amendment No. 1), December 10, 2019 (Amendment No. 2), and April 1, 2020 (Amendment No. 2A), each extending the duration of the Agreement; and WHEREAS, Amendment No. 3 to the Underlying Agreement was approved and executed on July 29, 2020, and Amendment No. 4 was approved and executed on December 29, 2020, increasing the contract by $726,789 and $14,004, respectively, bringing the Underlying Agreement, as amended, to a Not to Exceed amount of $990,793; and WHEREAS, Amendment No. 5 was approved and executed on July 15, 2021, extending the duration of the Agreement; and WHEREAS, on February 23, 2022, Amendment No. 6 was approved and executed, increasing the contract by $679,025 to a Not to Exceed amount of $1,669,818, including all work performed and compensated prior to Amendment No. 6; and WHEREAS, Amendment No. 7 was approved and executed on December 20, 2022 to provide continuing efforts for final design, project management and services during construction for the Marina Pump Station Rebuild Project extending the duration of the Agreement and increasing the contract to a not to exceed amount of $2,529,009. WHEREAS, additional services are needed during construction for inspections and materials testing for the Marina Pump Station Rebuild Project, and the Parties have memorialized these additional tasks (within the scope of the initial project procurement) as set out in Exhibit A attached hereto; and WHEREAS, the Consultant and the City have conferred and agreed to extend the duration of the agreement to December 31, 2025, and to increase the "Time and Materials Not to Exceed" amount, Section 4 (Compensation), of the agreement as described herein and in Exhibits B and C attached hereto; and Amendment No. 8 to Agreement C054-18 between City of Port Orchard and RH2 Engineering, Inc. Page 3 of 11 DocuSign Envelope ID: 6A1C47E9-12E8-4313-9083-62A80D9C84B7 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 the parties thereto as follows: EIGHTH AMENDMENT TO AGREEMENT: 1. Amendment. a. The Scope of Work shall be amended to include the document attached hereto as Exhibit A and incorporated herein by this reference. b. Section 3, Terms, of the Agreement is hereby amended to read as follows: This agreement shall commence on July 24, 2018 ("Commencement Date") and shall terminate December 31, 2025, unless extended or terminated in writing as provided herein. c. Section 4, Compensation, of the Agreement is hereby amended to read as follows: TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $2,583,559 (inclusive of all amounts paid prior to the execution of Amendment No. 8 to this Agreement), without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit "B" and "C." 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 Underlying Agreement and exhibits thereto, any prior executed amendments and this Amendment. Should any language in any of the Exhibits to the Underlying 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 Underlying 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 October 24, 2023. DATED this 24th day of October 2023. Amendment No. 8 to Agreement C054-18 between City of Port Orchard and RH2 Engineering, Inc. Page 4 of 11 DocuSign Envelope ID: 6A1C47E9-12E8-4313-9083-62A80D9C84B7 C DQEsQQKT.ORCHARD, WASHINGTON jQb� � W GlA.bt,SU.U. Robert Putaansuu, Mayor TAUTiWENTICATED: 'GUn,� Brandy Wallace, MMC, City Clerk AP QV,&-P f5 TO FORM: z 7 255�oa57... Charlotte A. Archer, City Attorney `\,+`01%I11111fIIt",,� eoRT ay '', cy . A • EP 9�:Q�MBeR'`� °''��0F WA��';``���� �JmI1111111 0 CONSULTANT Signature Richard L. Ballard, Director Printed Name and Title Amendment No. 8 to Agreement C054-18 between City of Port Orchard and RH2 Engineering, Inc. Page 5 of 11 DocuSign Envelope ID: 6A1C47E9-12E8-4313-9083-62A80D9C84B7 EXHIBIT A Scope of Work Amendment No. 8 City of Port Orchard Marina Pump Station Rebuild Special Inspections and Materials Testing September 2023 Background The City of Port Orchard (City) has retained RH2 Engineering, Inc., (RH2) to design the retrofit of its aging Marina Pump Station. The existing sewer pump station was built in 1983 and is located near the intersection of State Route 166 and Orchard Avenue. The station is identified in the City's 2016 General Sewer Plan as needing additional capacity by buildout, at which time flows will be up to 8,435 gallons per minute, to accommodate the City's anticipated growth. Currently, the Marina Pump Station pumps all of the City's wastewater to West Sound Utility District's joint -use Wastewater Treatment Facility. The City opened competitive bids for the project on July 18, 2023, and awarded the project to Stellar J Corporation. The City has requested that RH2 provide additional services during construction by coordinating third -party special inspections and materials testing. RH2 will subcontract with Krazan & Associates, Inc., (Krazan) to provide the special inspections and materials testing for the project. Services described herein will be performed to the level of effort identified in the Fee Estimate. If additional effort is needed, that extra work will be mutually determined by the City and RH2. Task 8 — Subconsultant Coordination and Management (Additional Work) Objective: Coordinate with Krazan for special inspections and material testing of subgrade compaction testing, backfill compaction testing, asphalt placement observation and compaction testing, and concrete placement and compression testing. Approach: 8.9 Coordinate scheduling of special inspections and materials testing, review special inspections and material testing reports, provide subconsultant inspection and testing reports to project stakeholders, review and approve subconsultant invoices. Assumptions: • The third -party special inspections and materials testing estimate is attached as Exhibit D. • City will give at least 48 hours' notice to allow Krazan to schedule services. • All cancellations without a four (4) hour notice of cancellation will be subject to two (2) hour minimum charges per day cancelled. 1 9/28/202310:44:09AM\\CORP.RH2.COM\DFS\PROJECTS\DATA\PO\118-116\CONTRACT\AMEND NO. 8\AMND_NO. 8_SOW_PO_MARINA PUMP STATION_SPECIAL INSPECTION AND MATERIALS TESTING.DOCX Amendment No. 8 to Agreement C054-18 between City of Port Orchard and RH2 Engineering, Inc. Page 6 of 11 DocuSign Envelope ID: 6A1C47E9-12E8-4313-9083-62A80D9C84B7 City of Port Orchard Exhibit A Marina Pump Station Rebuild Scope of Work Special Inspections and Materials Testing Amendment No. 8 • Services will be performed to the level of effort identified in the Fee Estimate. If additional testing is required or Krazan determines that the location of the project presents a safety concern, an amendment will be mutually determined to capture additional costs. RH2 Deliverables: • Special inspections and materials testing reports in electronic PDF. • Coordination, invoice review, and payment of third -party special inspections and materials testing. 2 9/28/202310:31:11AM\\CORP.RH2.COM\DFS\PROJECTS\DATA\PO\118-116\CONTRACT\AMEND NO. 8\AMND_NO. 8_SOW_PO_MARINA PUMP STATION_SPECIAL INSPECTION AND MATERIALS TESTING.DOCX Amendment No. 8 to Agreement C054-18 between City of Port Orchard and RH2 Engineering, Inc. Page 7 of 11 DocuSign Envelope ID: 6A1C47E9-12E8-4313-9083-62A80D9C84B7 EXHIBIT B Fee Estimate City of Port Orchard Marina Pump Station Rebuild - Special Inspections and Materials Testing Sep-23 Project Manager I Project Engineer I Project Accounting; Total Total Labor I Total Subconsultant Total Expense Total Cost Description Hours Task 8 Subconsultant Coordination and Management (Additional Wo 6 24 6 36 $ 8,208 $ 46,000 $ 342 $ 54,550 8.9 Coordinate scheduling of special inspections 6 24 6 36 $ 8,208 $ 46,000 $ 342 $ 54,550 PROJECT TOTAL 16 24 6 1 36 1 $ 8,208 1 $ 46,000 1 $ 342 1 $ 54,550 Amendment No. 8 to Agreement C054-18 between City of Port Orchard and RH2 Engineering, Inc. Page 8 of 11 \\corp.rh2.com\dfs\Projects\Data\PO\118-116 ontract\Amend No. 8\Amnd_No. 8_Fee _PO_Marina Pump Station_ Special Inspection and Materia Testing 9/28/2023 10:31 AM DocuSign Envelope ID: 6A1C47E9-12E8-4313-9083-62A80D9C84B7 EXHIBIT C RH2 ENGINEERING, INC. 2023 SCHEDULE OF RATES AND CHARGES RATE LIST RATE UNIT Professional 1 $161 $/hr Professional 11 $178 $/hr Professional III $198 $/hr Professional IV $217 $/hr Professional V $233 $/hr Professional VI $247 $/hr Professional VII $265 $/hr Professional Vill $278 $/hr Professional IX $278 $/hr Technician 1 $126 $/hr Technician II $137 $/hr Technician 111 $154 $/hr Technician IV $169 $/hr Technician V $184 $/hr Technician VI $203 $/hr Technician VII $220 $/hr Technician VIII $231 $/hr Administrative 1 $84 $/hr Administrative II $98 $/hr Administrative 111 $117 $/hr Administrative IV $137 $/hr Administrative V $158 $/hr CAD/GIS System $27.50 $/hr CAD Plots - Half Size $2.50 price per plot CAD Plots - Full Size $10.00 price per plot CAD Plots - Large $25.00 price per plot Copies (bw) 8.5" X 11" $0.09 price per copy Copies (bw) 8.5" X 14" $0.14 price per copy Copies (bw) 11" X 17" $0.20 price per copy Copies (color) 8.5" X 11" $0.90 price per copy Copies (color) 8.5" X 14" $1.20 price per copy Copies (color) 11" X 17" $2.00 price per copy Technology Charge 2.50% % of Direct Labor Mileage $0.6550 price per mile (or Current IRS Rate) Subconsultants 15% Cost + Outside Services at cost Rates listed are adjusted annually. Amendment No. 8 to Agreement C054-18 between City of Port Orchard and RH2 Engineering, Inc. Page 9 of 11 DocuSign Envelope ID: 6A1C47E9-12E8-4313-9083-62A80D9C84B7 �.Krazan GEOTECHNICAL ENGINEERING - ENVIRONMENTAL ENGINEERING - CONSTRUCTION TESTING AND INSPECTIONS Attachment A - Estimated Fees for Continuous & Periodic Special Inspection and Material Testing Services Marina Pump Station Improvements 707 Sidney Prky. (near Port Orchard Marina) Port Orchard, WA Field Testing, Inspection & Professional Services Project Administration & Management Trips Units Project Manager - 6 Project Administrator - 2 Earthwork & Foundations Trips Units Engineering Technician 21 60 Project Manager - 4.5 Project Administrator - 4.5 Vehicle Round Trip Charges (associated mileage) - 21 Concrete, Masonry, & Shotcrete Trips Engineering Technician 38 Project Manager - Project Administrator - Vehicle Round Trip Charges (associated mileage) - Paving - HMA, PCC, Pervious Trips Engineering Technician 2 Project Manager - Project Administrator - Vehicle Round Trip Charges (associated mileage) - Laboratory Testing & Project Consumables Aggregates and Soils Moisture -Density Relations of Soils (ASTM D698, D1557; WSDOT/AASHTO T99, T180) Sieve Analysis - Processed (Each Size), ASTM C136 Concrete, Shotcrete and Gunite Cylinder, Beams & Cores Compression Test, 6" x 12" or 4" x 8" Cylinders, (ASTM C39; WSDOT/AASHTO T22, T106) Units 116 9.5 9.5 38 Units 6 0.5 0.5 2 Units 4 4 Units 540 Rate $135.00 $65.00 Subtotal Rate $75.00 $135.00 $65.00 $48.96 Subtotal Rate $75.00 $135.00 $65.00 $48.96 Subtotal Rate $75.00 $135.00 $65.00 $48.96 Subtotal Total $810.00 $130.00 $940.00 Total $4,500.00 $607.50 $292.50 $1,028.16 $6,428.16 Total $8,700.00 $1,282.50 $617.50 $1,860.48 $12,460.48 Total $450.00 $67.50 $32.50 $97.92 $647.92 Rate Total $250.00 $1,000.00 $125.00 $500.00 Subtotal $1,500.00 Rate Total $25.00 $13,500.00 Subtotal $13,500.00 Amendment No. 8 to Agreement C054-18 between City of Port Orchard and RH2 Engineering, Inc. Page 10 of 11 DocuSign Envelope ID: 6A1C47E9-12E8-4313-9083-62A80D9C84B7 �.Krazan Asphalt Concrete Hot Mixed Asphalt Units Rate Total Asphalt Content Of Bituminous Mixtures By Ignition Method (ASTM 2 $225.00 $450.00 D6307; WSDOT/AASHTO T308) Aggregate Gradation on Extracted Sample - Including Wash (AASHTO T11 2 $125.00 $250.00 and T27) Maximum Theoretical Unit Weight, (Rice) (ASTM D2041; WSDOT/AASHTO 2 $150.00 $300.00 T209) Subtotal $1,000.00 Total Estimated Cost: $36,476.56 Notes: This cost estimate is based on the scope of services outlined in our proposal identified as: KA Proposal No.: T23237WAP Dated: August 17, 2023 A 3 hour minimum charge, portal-to-portal charge applies to all inspections. Cost for construction testing and inspections services are highly dependent on the contractors actual schedule; weather, overlapping of work and other factors. Therefore the quantities listed in our cost estimate should be considered approximate. Krazan & Associates does not control the work or production rate. Therefore, the estimate provided above does not imply a lump sum fee, not -to -exceed fee or guaranteed maximum price. The cost estimate does not include overtime, retest, or change in conditions or schedule. Amendment No. 8 to Agreement C054-18 between City of Port Orchard and RH2 Engineering, Inc. Page 11 of 11