003-22 - CONSOR North America, Inc. - Contract Amendment 2Docusign Envelope ID: A6FE889D-CD1 C-45AF-964C-41 B61 FE6E3A0
II CITY OF PORT ORCHARD
Authorization for Amendment No. 2
Date: November 26, 2024
Project: On-Call/Modeling Update
Services for the Citv's Sewer
Systems
Contract / Job # C003-22
Contractor: CONSOR North America, Inc
600 University Street, Suite 300,
Seattle, WA 98101
THIS AMENDMENT AUTHORIZES THE FOLLOWING CHANGES TO THE AGREEMENT:
1. A time extension - extending the Agreement termination date to December 31, 2026.
2. A Contract increase of $100,000 ($50,000 annually for 2025 and 2026) 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 2025 and 2026.
Contract History
Amount Sales Tax Total Date Appvd b
Ori inal Contract
$80,000.00
$0.00
$80,000.00
11-Jan-22
Council
Amendment 1
$150,000.00
$0.00
$150,000.00
13-Dec-22
Council
Amendment 2
$100 000.00
$0.00
$100,000.00
27-Nov-24
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 arp true and accurate.
ng.Ry.7.d bV1n. &N,1kr, PE MAP
nrr.¢•us e=gw..1i ,k•�hja .a•Co..u� Digitally signed by Denis Ryan
Erika Schuyler, PE, PMPCwau,w
w�,r Denis Ryan Date: 2024.11.12 14:21:23 -08'00'
D.I.. 202. 1114 10:24 20-09.00-
Consultant Approval Signature
Erika Schuyler, PE, PMP Water Vice Preside
Printed Name & Title
Public Works Contracts Greater than $35,000: Change Orders that do not exceed 10%,
with a maximum of 550.000, of either legally authorized budget limit or contract amount
established by City Council can be approved by the Public Works Director. Total Contract
Amount shall reset to reflect new Council -approved contract totals authorized prior to the
requested change order, $50,000-$100,000 require Mayoral Approval. $100,000 and
over require Council Approval
Public Works Contracts under $35, 000, change orders that individually do not exceed
$7,500 with an aggregate cap of $10,000.
Public Works Contracts unbudeted and under $7,500- All Change Orders that do not
exceed an aggregate cap of $7,500 (Excluding underlying value), provided there are
departmental Funds available in the budget.
All Iftipartments. Mayor approves any and all Change orders that do not exceed 10% of
either authorized budget limit or contract amount established by City Council. 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 change order.
Anyindividual Change order that is over $100,000 requires Council approval.
Public Works Director/City Engineer
Denis Ryan
Printed Name
Signed by:
4
Approved: � _6 Sty
DocuSigned byMayorrI
J Attest: F(h,a
City Clerk
11/26/2024
Council Approval Date
Docusign Envelope ID: A6FE889D-CD1 C-45AF-964C-41 B61 FE6E3A0
AMENDMENT NO. 2 TO CONTRACT NO. C003-22
CITY OF PORT ORCHARD AGREEMENT WITH
CONSOR North America, Inc
THIS AMENDMENT No. 2 ("Amendment") to Contract No. C003-22 is made effective as of the 2 6 t h day
of November, 2024, 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 115L day of January 2022, the City executed an Agreement for the On-
Call/Modeling Update Services for the City's Sewer Systems, Contract No. C003-22 with the Consultant
("Underlying Agreement"); and
WHEREAS, on the 13th day of December 2022, Port Orchard City Council approved Amendment No.
1, which included the Consultants entity name change (from Murraysmith, Inc to CONSOR North America,
Inc.), a time extension, and funding for continued On-Call/Modeling Update services through December 31,
2024; 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, 2026, and to increase the amount of the contract by $100,000 in anticipation
of additional work for 2025 and 2026; 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. 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, 2026, unless extended by an amendment executed by
the duly authorized representatives of the parties.
2. 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
Amendment No. 2 to Agreement between City of Port Orchard and CONSOR North America, Inc
Contract No.0003-22
Updated 4/2022 IBDR
Docusign Envelope ID: A6FE889D-CD1 C-45AF-964C-41 B61 FE6E3A0
set forth in Exhibit B, attached to the Underlying Agreement, and incorporated herein by this reference.
3. 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,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision.
4. 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.
S. Effective date. This Amendment shall be effective as of November 26, 2024.
DATED this 26 day of November 2024.
Iy�6aifiORT ORCHARD, WASHINGTON
jebti �44it,Siti.U.
Robert Putaansuu, Mayor
Tolo5T,lMTP ENTICATED:
, Uu'v ' F(h � 1. FOR
9 11
Brandy Wallace, MMC, City Clerk
APP/j�/Q AS TO FORM:
Char& ez sz�archer, City Attorney
CONSULTANT
Olgilelly sig- by Enka S-yker, PE PMP
DV c=us,
E=enke unuyle,®con—,g cam,
Erika Schuyler, PE, PMP o=caasor Ma, ou=wafer. cM=•Eak.
SMuyler, PE, PMP'
Rea -I have reviewed Mie documenl
Signature
Erika Schuyler, PE, PMP, Vl
Printed Name and Title
Amendment No. 2 to Agreement between City of Port Orchard and CONSOR North America, Inc
Contract No.0003-22
updated 4/2022 1BDR