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029-22 - Consor North America, Inc - Contract Amendment 5Docusign Envelope ID: D98DOB5A-BEB8-436C-ACF6-63CDDBF65104 Page 1 of 7 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 Page 2 of 7 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 Page 3 of 7 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 Page 4 of 7 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 Page 5 of 7 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 Page 6 of 7 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 Page 7 of 7 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