054-18 - RH2 Engineering, Inc. - Contract Amendment 9Docusign Envelope ID: 666A4BFD-F5BE-4529-A153-D783F78EC437
CITY OF PORT ORCHARD
Authorization for Amendment No. 9
Date: December 2, 2024 Consultant: RH2 Engineering, Inc
Project: Marina Pump Station Rebuild 22722 29th Drive SE, Suite 210
Bothel WA 98021
Contract / Job # C054-18
This Amendment Authorizes the following changes to the contract:
This Amendment Authorizes the following changes to the Agreement:
Section 4 Time and Materials Not to Exceed. Compensation for these services shall not exceed $2,749,200 (inclusive of all
amounts paid prior to the execution of Amendment No. 9 to this Agreement), without written authorization and will be based
on the list of billing rates and reimbursable expenses attached hereto as Exhibit B & C.
In all other respects the Underlying Agreement between the parties shall remain in full force and effect, amended as set forth
herein. but onlv as set forth herein.
Agreement 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-A r-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
Amendment 9
$165,641.00
$0.00
$165,641.00
10-Dec-24
Council
Total Contract
$2,749,200.00
$0.00
$2,749,200.00
1 have reviewed the Amendment information
above and
certifv that to the best of my knowleclee
descriptions and costs are true and accurate.
L 6'zz. \
Contractor Approval Signature
Richard L. Ballard, Director
Printed Name & Title
Digitally signed by Denis
Ryan
Denis ' I� `ya n Date: 2024.12.03
11:35:04-08'00'
Public Works Director
Denis Ryan
F(Q�signed bOfiinted Name
Public Works Contracts Greater than $35,000. Change Orders that do not exceed ' � �INGIG�IA AtiU.
10%, with a maximum of $50,000, of either legally authorized budget limit or Approved: g
contract amount established by City Council can be approved by the Public Works Mayor
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 unbudeeted 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 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.
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. Any individual Change order that is over $100,000 requires Council
approval.
Attest: —UJk0c
City Clerk
December 11, 2024
Council Approval Date
Page 1 of 10
Docusign Envelope ID: 666A4BFD-F5BE-4529-A153-D783F78EC437
Amendment No. 9 to Contract No. 054-18
CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT WITH
RH2 ENGINEERING, INC.
THIS AMENDMENT No. 9 ("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, Amendment No. 6 to the Underlying Agreement was approved and executed on
February 23,2022, and 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; and
WHEREAS, on October 24, 2024, Amendment No. 8 was approved to provide additional services
during construction for inspections and materials testing for the Project; and
WHEREAS, additional efforts are required for the 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 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
Page 2 of 10
Docusign Envelope ID: 666A4BFD-F5BE-4529-A153-D783F78EC437
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:
NINTH 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 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
$2,749,200 (inclusive of all amounts paid prior to the execution of Amendment No. 9 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 December 10. 2024
DATED this 10th day of December 2024.
Page 3 of 10
Docusign Envelope ID: 666A4BFD-F5BE-4529-A153-D783F78EC437
s�FaRJDRT ORCHARD, WASHINGTON
IN a bt SW
€ssazon
Robert Putaansuu, Mayor
ATTEST/AUTHENTICATED:
.� w oau—
Brandy Wallace, CIVIC, City Clerk
AppKWED AS TO FORM:
Charlotte A. Archer, City Attorney
CONSULTANT
Signature
Richard L. Ballard, Director
Printed Name and Title
Page 4 of 10
Docusign Envelope ID: 666A4BFD-F5BE-4529-A153-D783F78EC437
EXHIBIT A
Scope of Work
Amendment No. 9
City of Port Orchard
Marina Pump Station
Additional Design and Services During Construction
November 2024
Background
The City of Port Orchard's (City) Marina Pump Station has been under construction since October 2,
2023. Since then, most of the high -risk, underground construction has been completed and a bypass
pumping system around the existing pump station has been established. Currently, the project is
approximately 50-percent complete. The additional effort required to navigate the project through
the underground construction phase has exhausted the authorized budget faster than anticipated.
The Washington State Department of Ecology (Ecology) required an unexpectedly high level of
cultural resources planning, construction monitoring, and reporting. Until late 2023, it was believed
that this type of monitoring would not be necessary because the existing pump station was built on
a tide flat that was filled in the 1950s. Ecology staff, new to the project in late 2023, required a written
cultural resources monitoring plan and near full-time construction observation during excavation.
This was a reversal of the initial cultural resources requirements for the project and will require
additional support for the preparation of a Cultural Resources Monitoring Plan. Unmarked utilities
also caused unexpected construction observation and change order negotiations. Other
unanticipated items are described in this Scope of Work. This amendment requests additional budget
for RH2 Engineering, Inc., (RH2) to provide professional engineering services for the remainder of the
construction phase of the project.
Task 6 — Bid -Ready Design Plans, Specifications, and Cost Estimate (Additional
Work)
Objective: Prepare bid -ready construction plans and specifications. Assist with Ecology time
extension acquisition.
Approach:
6.17 Prepare bid -ready design plans, including changes associated with relocating the emergency
generator (removing the storage space for the emergency spill response trailer). Additional
effort beyond that anticipated in Amendment No. 7 was required to prepare the bid -ready
plans.
6.18 Perform additional coordination with consultants on adjacent projects to confirm that the
proposed pump station site and the adjacent future improvements are integrated.
6.19 Prepare an explanatory letter and provide to Ecology stating the reasons for the extended
project duration.
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Docusign Envelope ID: 666A4BFD-F5BE-4529-A153-D783F78EC437
City of Port Orchard Exhibit A — Scope of Work
Marina Pump Station Amendment No. 9
6.20 Prepare a Construction Quality Assurance Plan in Ecology's specific format.
RH2 Deliverables:
• Final construction plans and specifications.
• Letter to Ecology requesting a project extension.
• Ecology Construction Quality Assurance Plan.
Task 8 — Services During Construction (Additional Work)
Objective: Observe construction to confirm that work observed is in conformance with the contract
plans and specifications. Respond to requests for information (RFIs) and assist the City in negotiating
change orders. Confirm that material and equipment submittals meet the specifications.
Approach:
8.9 Perform additional on -site construction observations during the first eleven (11) months of
the construction phase. Perform confined -space inspection of the structural conditions and
presence of corrosion of the wet well interior. This inspection was done during construction
that could not be performed until a bypass was established and the wet well was drained.
Recommend coating of interior, concrete walls of wetwell based on observations.
8.10 Respond to RFIs and assist the City with change order preparation and negotiation of cost.
Over 80 RFIs have been received from Stellar-J Construction. Approximately two dozen were
assumed to be necessary when preparing the original scope of work.
RH2 Deliverables:
• On -site construction observations and construction observation reports.
• Written responses to RFIs.
• Written submittal reviews.
• Written change order preparation and assistance with negotiation of change orders.
Task 9 — Cultural Resources Monitoring Plan and On -Site Observation (New Task)
Objective: Comply with Ecology's cultural resources requirements after Amendment No. 7 was
prepared. Provide geotechnical engineering support during the submittal phase and during
construction.
Approach:
9.1 Prepare a Cultural Resources Monitoring Plan required by Ecology and subcontract with
Anchor QEA, LLC, (Anchor) to observe excavation work for the inadvertent discovery of
artifacts. Perform on -site observations for cultural resources artifacts during excavation.
9.2 Coordinate with Anchor to review submittals for secant -pile shoring system for the
construction of the emergency storage facility. Review submittals for the dewatering plan
for excavations of emergency storage facility and the deep sewers on the south side of the
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Docusign Envelope ID: 666A4BFD-F5BE-4529-A153-D783F78EC437
City of Port Orchard Exhibit A — Scope of Work
Marina Pump Station Amendment No. 9
pump station. Perform intermittent site observation of secant pile construction and the
dewatering system.
RH2 Deliverables:
• Cultural Resources Monitoring Plan.
• On -site construction observations and construction observation reports for construction
related to deep excavations and cultural resources.
Task 10 — Department of Natural Resources Easement Revision (New Task)
Objective: Collaborate with the City's land surveyor to update the Washington State Department of
Natural Resources (DNR) easement.
Approach:
10.1 Coordinate with Ward C. Muller and Associates (Muller) as a subconsultant to RH2. Additional
effort was expended due to a lack of response from Muller and contract compliance issues.
10.2 Prepare a record drawing survey after construction and update the easement graphic for
execution with DNR and the City, and recording with Kitsap County. It is assumed that
additional field work will be performed by Muller and a $12,000 allowance is included in this
Scope of Work.
RH2 Deliverables:
• Revised DNR Record -of -Survey graphic.
Task 11— Design Work During Construction (New Task)
Objective: Assist the City with miscellaneous design work during construction.
Approach:
11.1 Create engineering drawings, perform field reconnaissance, and provide recommendations
for the following urgent unanticipated items that arose during construction:
a) Prepare drawings of a new vault and valve installation at a different location due to the
need for replacement air -release valves on the existing 18-inch-diameter force main. The
valves had not been maintained or inspected in over 10 years and appear to be original
equipment from when the force main was constructed. An inoperable air -release valve
on a force main will allow the accumulation of air to restrict wastewater flow from the
new pump station.
b) Develop plans for the revised design of parking sports, curb cuts, and sidewalk near the
new generator.
c) Design force main thrust restraint at the main's exit from the existing dry well. This was
necessitated by the discovery of the large thrust block immediately adjacent to the
exterior of the dry well. Assist in revising the bypass plan and location of line -stop and
isolation valve.
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Docusign Envelope ID: 666A4BFD-F5BE-4529-A153-D783F78EC437
City of Port Orchard Exhibit A — Scope of Work
Marina Pump Station Amendment No. 9
d) Provide a preliminary assessment of the future stormwater pump station. Assess the
approximate power requirements of a City -planned future stormwater pump station
intended to drain Bay Street stormwater to the Sinclair Inlet. Prepare plan revisions for
changes to the Marina Pump Station that would help facilitate the construction of the
future stormwater pump station.
RH2 Deliverables:
• Engineering drawings.
• Materials and product selection recommendations.
Project Schedule
RH2 will commence with the work upon written authorization from the City. The project is scheduled
to be completed by October 2025, and it is anticipated that project closeout will be completed by
December 2025.
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Docusign Envelope ID: 666A4BFD-F5BE-4529-A153-D783F78EC437
Amendment No. 9
City of Port Orchard
Marina Pump Station
Additional Design and Services During Construction
Nov-24
Total
Total RH2
Total Subconsultant
Total Expense
Total Cost
Description
Hours
Labor
Task 6
Bid -Ready Design Plans, Specifications, and Cost Estimate (Additional Work)
85
$
22,376
$
$
1,028
$
23,404
Task 8
Services During Construction (Additional Work)
58
$
13,940
$
$
1,259
$
15,199
Task 9
Cultural Resources Monitoring Plan and On -Site Observation (New Task)
15
$
4,212
$
64,745 $
418
$
69,375
Task 10
Department of Natural Resources Easement Revision (New Task)
30
$
6,966
$
13,800 $
589
$
21,355
Task 11
Design Work Arising During Construction (New Task)
147
$
33,686
$
- $
2,622
$
36,308
PROJECT TOTAL 1 335 1 $ 81,180 1 $ 78,545 1 $ 5,916 1 $ 165,6411
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Docusign Envelope ID: 666A4BFD-F5BE-4529-A153-D783F78EC437
Page 10 of 10
EXHIBIT C
RH2 ENGINEERING, INC.
2025 SCHEDULE OF RATES AND CHARGES
RATE LIST
RATE
UNIT
Professional 1
$174
$/hr
Professional 11
$192
$/hr
Professional III
$214
$/hr
Professional IV
$235
$/hr
Professional V
$252
$/hr
Professional VI
$270
$/hr
Professional VII
$295
$/hr
Professional VIII
$318
$/hr
Professional IX
$328
$/hr
Technician 1
$136
$/hr
Technician 11
$148
$/hr
Technician 111
$167
$/hr
Technician IV
$182
$/hr
Technician V
$199
$/hr
Technician VI
$219
$/hr
Technician VII
$238
$/hr
Technician VIII
$250
$/hr
Administrative 1
$91
$/hr
Administrative II
$106
$/hr
Administrative 111
$127
$/hr
Administrative IV
$148
$/hr
Administrative V
$171
$/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
Night Work
10.00%
%of Direct Labor
Mileage
$0.6700
price per mile
(or Current IRS Rate)
Subconsultants
15%
Cost +
Outside Services
at cost
Rates listed are adjusted annually. Page 10 of 10