029-22 - Consor North America, Inc - Contract Amendment 5Docusign Envelope ID: D98DOB5A-BEB8-436C-ACF6-63CDDBF65104
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CITY OF PORT ORCHARD
Authorization for Amendment No. 5
Date: December 17, 2024
Project: General Sewer Plan
Update for the City's Sanitary
Sewer System
Contract / Job # CO29-22
Consultant: Consor North America, Inc.
600 University Street, Suite 300
Seattle, WA 98101
THIS AMENDMENT AUTHORIZES THE FOLLOWING CHANGES TO THE CONTRACT: A contract Increase of $22,623
for a "Time and Materials Not to Exceed" total of $163,019.
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. 5 is for additional and necessary work associated with the City of Port Orchard (City) General
Sewer Plan Update.
Agreement History
Amount Sales Tax Total
Date Appvd b
Original Agreement
$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
Amendment #2
$0.00
$0.00
$0.00
10-Jul-23
PW Director
Amendment #3
$0.00
$0.00
$0.00
09-Nov-23
PW Director
Amendment #4
$0.001
$0.00
1 $0.00
15-Nov-241
PW Director
Amendment #5
$22,623.00 $0.00 $22,623.00
17-Dec-24 Council
Total Agreement $163,019.00 $0.00 $163,019.00
I have reviewed the Amendment information above and certify that to the best of my knowledge
descriptions and costs are true and accurate.
Digitally signed by Erika Schuyler, PE, PMP
DN: C=US, E=erika.schuyler@consoreng.com,
Erika Schuyler, PE, PMP O=Consor NA, OU="Water ", CN="Erika Schuyler,
PEPMP" ,
D.
Contractor Approval Signature
Erika Schuyler, PE, PMP, Water Vice President
Printed Name & Title
Denis RyanDigitally signed by Denis Ryan
Date: 2024 11 26 16 36:40-08'00'
Denis Ryan
Public Works Director
signed Pi.inted Name
10.
Public Works Contracts Greater than $35,000. Change Orders that do not exceed
Approved:
r vq-aabl Ati.U.
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
signed ay: 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
Attest:
/� 1�
a�` 1 UJAUAtt
Mayoral Approval. $100,000 and over require Council Approval
City Clerk
Public Works Contracts under $35,000, change orders that individually do not
exceed $7,500 with an aggregate cap of $10,000.
12/17/2024
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
Council Approval Date
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.
Docusign Envelope ID: D98DOB5A-BEB8-436C-ACF6-63CDDBF65104
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AMENDMENT NO. 5 TO CONTRACT NO. CO29-22
CITY OF PORT ORCHARD AGREEMENT PROFESSIONAL SERVICES AGREEMENT WITH
CONSOR North America, Inc
THIS AMENDMENT No. 5 ("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
_u-I..GTIMAN
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 January 10, 2023, Council approved Amendment No. 1 which included a contract
increase and Company name change; and
WHEREAS, on July 10, 2023, November 9, 2023 and November 15, 2024, respectively, per
delegated authority, the Public Works Director authorized Amendment No. 2 Amendment No. 3 and
Amendment No. 4 extending the duration of the Agreement; 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:
FIFTH AMENDMENT TO AGREEMENT:
1. 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,
Amendment No. 5 to Agreement between City of Port Orchard and CONSOR North America, Inc
Contract No.0O29-22
updated 4/2022 IBDR
Docusign Envelope ID: D98DOB5A-BEB8-436C-ACF6-63CDDBF65104
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based on the fees included for each approved task assignment, provided total compensation
for these services shall not exceed $163,019 (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 set forth in Exhibit B, attached
hereto and incorporated herein by this reference.
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 17, 2024.
DATED this 17th day of January 2024.
7 �feMAR,T'O(RCIHARD, WASHINGTON---------------
r 6b
Robert Putaansuu, Mayor
AUTHENTICATED:
6vaJJ (Ic Lltt,
46A5A54BBboo418._.
Brandy Wallace, MMC, City Clerk
AP 71`i'AS TO FORM:
9n3701 F25590457
Charlotte A. Archer, City Attorney
CONSULTANT Digitally signed by Erika Schuyler, PE, PMP
DIN: C=US,
Erika Schuyler, PE, PMP E=edka.schuyler@oonsoreng.com,
Y O=Consor NA, OU="Water", CN="Erika
Schuyler, PE, PMP"
Date'
Signature
Erika Schuyler, PE, PMP, Water Vice President
Printed Name and Title
Amendment No. S to Agreement between City of Port Orchard and CONSOR North America, Inc
Contract No.0O29-22
updated 4/2022 IBDR
Docusign Envelope ID: D98DOB5A-BEB8-436C-ACF6-63CDDBF65104
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EXHIBIT A
SCOPE OF SERVICES
2023 General Sewer Plan Update
Amendment-b 5
City of Port Orchard
Introduction
Consor North America, Inc. (Consor) has developed the following scope of services and
accompanying engineering fee estimate for Amendment 9- 5 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
due to increased time needed to develop population projections, sewer modeling, and the capital
improvement plan.
➢ Task 4 - Basis of Planning and Regulatory Requirements
➢ Task 6 -Sewer System Evaluation
➢ Task 9 - Capital Improvement Plan
Scope of Services
Consultant to perform the following services.
Task 4 — Basis of Planning and Regulatory Requirements
Objective
Develop population projections. Task 4 required more hours than budgeted in the original scope of services
to develop populations due to additional coordination and adjustment of populations per basin.
Activities
Subtask 4.3 Population Projections
Coordinate with the Puget Sound Regional Council to obtain existing and future residential and commercial
population projections. City Planner to review and confirm existing and projected populations. This work
was completed.
Task Deliverables
➢ Population projections.
Assumptions
➢ City Planner reviewed and confirmed existing and projected populations.
➢ This work was completed.
Consor • November 2024 • City of Port Orchard
2023 GSP Update Amendment-2--5. 1
Docusign Envelope ID: D98DOB5A-BEB8-436C-ACF6-63CDDBF65104
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Task 6 — Sewer System Evaluation
Objective
Update the existing 2016 GSP model with major facilities constructed or upgraded since 2016. Update the
model with new flow projections for the identified planning horizons. Analyze the major components of
the City's sewer collection and conveyance system, including collector and trunk lines, pump stations, and
force mains. Identify deficiencies and improvements associated with system capacity and condition,
infiltration and inflow, and planned growth. Summarize known issues from interviews with City operations
and maintenance staff. Task 6.2 required more hours than budgeted in the original scope of services to
model the system and analyze capacity constraints.
Activities
Subtask 6.2 Capacity Analysis
Additional system modelling and capacity constraints analysis.
Task Deliverables
➢ Chapter 7 — Sewer System Evaluation.
Assumptions
➢ This work was completed.
Task 9 — Capital Improvement Plan
Objective
Develop the Capital Improvement Plan (CIP) for the 20-year planning horizon with a year -by -year CIP for
the first six (6) years of the planning horizon. The basis for the CIP is the selection of preferred alternatives
and the corresponding work completed under previous tasks. Additional budget is needed due to more
coordination and changes to the CIP than assumed in the original scope of services due to additional staff
coordination, some of the additional coordination due to City staff turnover.
Activities
Subtask 9.1 Recommended CIP
Identify capital improvement projects to address capacity, risk/resiliency, and condition deficiencies for the
planning horizon. Inventory potential alternatives for addressing collection system deficiencies to use as
the basis for the capital improvement plan tasks. Confirm capital improvement project addresses deficiency
using hydraulic model.
Generate a list of proposed projects based on the prioritization of system deficiencies. Develop American
Association of Cost Engineers (AACE) International Class 5 opinions of probable project costs for each
project with an accuracy range of +100 percent to -50 percent. Each project to be described in terms of the
reason for the improvement, the location, size and extent, and the total project cost including engineering,
administration, and construction. Generate corresponding figures for each capital project showing the
improvement along with a unique identifier in the hydraulic model.
Consor • November 2024 • City of Port Orchard
2023 GSP Update Amendment-29-5. 2
G:\PDX_BD\Clients\Port Orchard\2023 General Sewer Plan Update\Scoping\Amendment 2 Populations and CIP\COPO GSP Amendment 2 -Scope of Work_draft.docx
Docusign Envelope ID: D98DOB5A-BEB8-436C-ACF6-63CDDBF65104
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Task Deliverables
➢ Chapter 10 — Capital Improvement Plan.
Assumptions
➢ The CIP list has been finalized.
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
Consor • November 2024 • City of Port Orchard
2023 GSP Update Amendment-29-5. 3
G:\PDX_BD\Clients\Port Orchard\2023 General Sewer Plan Update\Scoping\Amendment 2 Populations and CIP\COPO GSP Amendment 2 -Scope of Work_draft.docx
Docusign Envelope ID: D98DOB5A-BEB8-436C-ACF6-63CDDBF65104
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2023 GENERAL SEWER PLAN UPDATE
CITY OF PORT ORCHARD
PROPOSED FEE ESTIMATE
Staff Name
LABOR
CLASSIFICATION (HOURS)
Principal Engineer VI
$373
Professional
Engineer IX
$270
Engineering
Designer III
$201
Hours
Labor
T
SchuylerSam
CunninghamPet
King.lul
Task 4 - Basis of Planning and Regulatory Requirements
Task 4.3- Population Projections
1
8
24
33
$ 7,357
$ 7,357
Task 4 Subtotal
1
8
24
33
$ 7,357
$ 7,357
Task 6 - Sewer System Evaluation
Task 6.2- Ca pacity Analysis
1
12
16
29
$ 6,829
$ 6,829
Task 6 Subtotal
1
12
16
29
$ 6,829
$ 6,829
Task 9 - Capital Improvement Plan
Task 9.1- Recommended CIP
1
12
24
37
$ 8,437
$ 8,437
Task 9 Subtotal
1
12
24
37
$ 8,437
$ 8,437
TOTAL - ALL TASKS
3
32
64
99
$ 22,623
$ 22,6231
2023 General Sewer Plan Update Amendment 2
Page 1
Port Orchard
November 2024
Consor
G:\PDX_BD\Clients\Port Orchard\2023 General Sewer Plan Update\Scoping\Amendment 2 Populations and CIP\COPO GSP Amendment 2 - Fee Estimate 11-6-2024