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HomeMy WebLinkAbout053-19 - Terraphase Engineering - Robinson Noble - Contract Amendment 7Docusign Envelope ID: 93823461-9020-4941-91B2-E422778BF8ED CITY OF PORT ORCHARD Authorization for Change Order No. 7 Date: January 13, 2026 Project: ESSB 6091 Foster Pilot Project Services Contract / Job # C053-19 Contractor: Terraphase Engineering, Inc. 2105 South C Street Tacoma, WA 98402 THIS CHANGE ORDER AUTHORIZES THE FOLLOWING AMENDMENT TO THE AGREEMENT: Section 4 Terms: Compensation. TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $772,348.00 without written authorization and will be based on the list of billing rates attached hereto as Exhibit B. 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. Original Contract $324,900.00 $0.00 $324,900.00 10-Se -19 Council Amendment 1 $0.00 $0.00 $0.00 03-Dec-20 PW Director Amendment 2 $0.00 $0.00 $0.00 15-Nov-21 PW Director Amendment 3 $138,957.00 $0.00 $138,957.00 08-Jun-22 Council Amendment 4 $100,000.00 $0.00 $100,000.00 13-Jun-23 Council Amendment 5 $60,391.00 $0.00 $60,391.00 26-Mar-24 Council Amendment 6 $0.00 $0.00 $0.00 06-Jun-25 PW Director Amendment 7 $148,100.00 $0.00 $148,100.00 13-Jan-26 Council Total Contract $772,348.00 $0.00 $772,348.00 I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and costs are true and accurate. DocuSigned by: Lo..wuS Contractor Approval Signature Public Works Director Joseph E, Becker, Senior Prinicpal Hydrogeologist Denis Ryan Printed Name & Title Printed Name Public Works Contracts Greater than $35,000: Change Orders that do not exceed 10%, with a maximum of $50,000, of either legally authorized budget limit or contract Approved 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 Attest: 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. �I b Signed by: v NaalA m- iviayor Signed by: City Clerk January 13, 2026 Council Approval Date Docusign Envelope ID: 93823461-9020-4941-91B2-E422778BF8ED Amendment No. 7 to Contract No. 053-19 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT WITH Terraphase Engineering, Inc THIS AMENDMENT No. 7 to Contract No. 053-19 ("Amendment") is entered into between the City of Port Orchard, a Washington municipal corporation ("City" or "Port Orchard") and Terraphase Engineering, Inc, a Washington corporation ("Consultant"). City and Consultant are each a "Party" and together "Parties" to this Amendment. RECITALS: WHEREAS, on September 10, 2019, the City executed a Professional Services Agreement for ESSB 6091 Foster Pilot Project Services with the Robinson Noble, Inc ("Underlying Agreement"); and WHEREAS, on December 3, 2020, November 15, 2021, June 8, 2022, and June 13, 2023 respectively, Amendments 1, 2, 3, and 4 were approved, extending the Underlying Agreement's termination date to December 31, 2024, and increasing the Agreement Time and Materials Not to Exceed to $562,857; and WHEREAS, the "Consultant" changed its entity name from Robinson Noble, Inc to Terraphase Engineering, Inc.; and WHEREAS, continuing services for the ESSB 6091 Foster Pilot Project are required by the City that will exceed the current value of the Underlying Agreement; and WHEREAS, the termination date of the underlying Agreement needs to be extended to allow time to complete the continuing work; and WHEREAS, the Consultant and the City have conferred and agreed to extend the termination date, Section 3 (Terms), of the agreement, as amended to December 31, 2026, WHEREAS, the Consultant and the City have agreed to increase the "Time and Materials Not to Exceed" amount in Section 4 (Compensation) of the Agreement from $624,628 to $772,348, in anticipation of continuing work, as summarized in Exhibit A; and WHEREAS, the parties have adopted the 2026 Rate Schedule, attached hereto as Exhibit B; 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: Amendment No. 7 to Agreement between City of Port Orchard and Terraphase Engineering, Inc. Contract No. C053-19 Page 1 Updated 4/2022 IBDR Docusign Envelope ID: 93823461-9020-4941-91B2-E422778BF8ED FIFTH AMENDMENT TO AGREEMENT: 1. Amendment. a. 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 $772,348.00, inclusive of all amounts paid prior to the execution of Amendment No. 7 to this Agreement, without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit "A thru B" (as revised). 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 13th, 2026. DATED 13th day of January 2026. Amendment No. 7 to Agreement between City of Port Orchard and Terraphase Engineering, Inc. Contract No. C053-19 Page 2 Updated 4/2022 IBDR Docusign Envelope ID: 93823461-9020-4941-91B2-E422778BF8ED CITY OF PORT ORCHARD, WASHINGTON Signed by: I°otit,v�- �u�aa�,sutti Ro eff'PU TiH4 bu, Mayor ATTgT �AbPTH ENTICATED: :�V'cuae (WA. - Brandy Wallace, MMC, City Clerk AP/pP OJ�,D AS TOFORM: Charlotte A. Archer, City Attorney CONSULTANT i L L Signature Joseph E, Becker, Senior Prinicpal Hydrogeologist Printed Name and Title Amendment No. 7 to Agreement between City of Port Orchard and Terraphase Engineering, Inc. Contract No. C053-19 Page 3 Updated 4/2022 IBDR Docusign Envelope ID: 93823461-9020-4941-91B2-E422778BF8ED Exhibit A terraphase e n i g n e e r I n g September 22, 2025 Denis Ryan Public Works Director City of Port Orchard 216 Prospect Street Port Orchard, Washington 98366 sent via email to dryan@portorchardwa.gov Subject: Revised Budget and Change Order Request for ESSB 6091 `Foster' Pilot Project Dear Denis, As you know, once again, the City of Port Orchard's Foster Pilot Project requires time and consulting services beyond what was expected when preparing our last two change orders —one that requested an increase in budget (March 26, 2024) and the other a time extension (June 6, 2025). The current contract, as amended, runs through the end of next year and has an approved budget of $624,248. Based on my accounting, as of our last invoice (dated September 12, 2025), we have approximately $30,872 left in the budget. To finish the project, we need to finalize the mitigation plan, including completing a conceptual design of a new habitat mitigation project at the Kitsap Transit property, re-evaluatingt the net - ecological -benefit (NEB) analysis, and completing the cost -reimbursement processing associated with the six water right applications. Reason for Change Order The primary reasons for this change order request are: (1) additional time spent developing the mitigation plan following the loss of the Blackjack Creek mitigation bank and the Kim dam options; (2) extra time for unanticipated meetings since the previous change order; (3) required revision to the current mitigation plan based on comments received from the Washington Department of Ecology and the Suquamish and Squaxin Island Tribes, particularly regarding delays if the Kitsap Mitigation Umbrella Bank is used; (4) the need to develop a new habitat mitigation project, likely on the Kitsap Transit property; and (5) further revisions to the NEB analysis and mitigation plan. Much of the work completed in the past year has been outside the original scope due to the changing nature of the required mitigation, consuming budget that was initially allocated for processing the water right applications. The new work required to develop a mitigation project on the Kitsap Transit property is also outside the original scope. For the Kitsap Transit property work, Environmental Science Associates (ESA) will begin conducting a screening -level analysis and opportunity assessment. This will involve a desktop review of existing design reports, environmental studies, and hydraulic models developed for the Kitsap Transit State m 3 Route (SR) 16 Park and Ride and the Washington State Department of Transportation (WSDOT) SR 16 a Milenost 2S.30 Rridge RP_nlaCemP_nt nroiects to identifv ontential wetland and stream restoration 0 v L U N O N 2105 South C Street I Tacoma, Washington 98402 1 www.terraphase.com Docusign Envelope ID: 93823461-9020-4941-91B2-E422778BF8ED September 22, 2025 Denis Ryan, Public Works Director Revised Budget and Change Order Request for ESSB 6091 `Foster' Pilot Project opportunities. ESA will evaluate additional mitigation potential considering hydrology, topography, connectivity, and existing proposed mitigation for each the project. The deliverables will include a technical memorandum summarizing the findings, maps of potential restoration areas, and recommendations for a subsequent phase of analysis focused on a specifically identified mitigation project on the property. After the initial screening assessment, and assuming a suitable potential project is identified, the second phase will develop conceptual restoration designs using existing 1D (and 2D, if available) hydraulic models from the WSDOT SR 16 Milepost 25.30 Bridge Replacement project. These models will be updated to evaluate potential design concepts for the site. The team will modify existing hydraulic modeling to assess restoration scenarios such as stream channel design, floodplain connectivity, and wetland hydrology. This phase will produce a conceptual 10-percent design package, including conceptual plan drawings and a technical report outlining the design rationale, ecological benefits, and construction considerations to support mitigation and demonstrate NEB in support of the City of Port Orchard's water rights project. This subtask assumes that WSDOT's HEC-RAS 1D and SRH 2D hydraulic models are available for ESA to adapt for the purpose of this analysis. Change Order Request The remaining work includes modifying the mitigation plan to include the Kitsap Transit property mitigation project as well as other changes required from the reviews by the Washington Department of Ecology and the Suquamish and Squaxin Island Tribes, revising the NEB analysis and report, developing monitoring and compliance assurance conditions and provisions, writing the draft and final reports of examination for the two new and four change water rights applications, continued stakeholder and tribal outreach, and various project management tasks. Budget Request We request a budget increase of $148,100 to complete the remaining work (an increase of approximately $54,000 for ESA's work and the remainder for Terraphase's work). I would also like to request that the fee schedule for the project be changed at the start of 2026. The current contracted fee schedule follows Terraphase's 2025 rates with a 10 percent discount. I propose updating to our 2026 rates with a 10 percent discount starting January 1, 2026. The 2026 fee schedule is not yet available but I can forward you a copy when it becomes available. Project Completion Time Amendment 6 to the contract extended the completion date to December 31, 2026. At present, I do not see a need to extend that date. Closing In summary, we are requesting a budget increase of $148,100, bringing the total budget to $772,348. We are also requesting permission to use our 2026 fee schedule with a 10 percent discount starting on January 1, 2026. Terraphase is grateful for the opportunity to offer our services on this important Page 2 of 3 Terraphase Engineering Inc. Docusign Envelope ID: 93823461-9020-4941-91B2-E422778BF8ED September 22, 2025 Denis Ryan, Public Works Director Revised Budget and Change Order Request for ESSB 6091 `Foster' Pilot Project project. If you have any questions or comments regarding this submittal, please contact me at 253-970- 3100 or via email. Sincerely, for Terraphase Engineering Inc. C Joseph E. Becker, LHG Senior Principal Hydrogeologist (4 Page 3of3 Docusign Envelope ID: 93823461-9020-4941-91B2-E422778BF8ED Exhibit B ` terraphase e n g i n e e r i n g 2026 Standard Schedule of Charges with 10% Discount/15%ODC Labor Classification Standard Hourly Rate Hourly Rate with 10% Discount Senior Principal $330 $297.00 Principal Engineer/Scientist $313 $281.70 Senior Associate Engineer/Scientist $293 $263.70 Associate Engineer/Scientist $275 $247.50 Senior Project Engineer/Scientist $262 $235.80 Project Engineer/Scientist $244 $219.60 Senior Staff 2 Engineer/Scientist $226 $203.40 Senior Staff 1 Engineer/Scientist $205 $184.50 Staff 2 Engineer/Scientist $181 $162.90 Staff 1 Engineer/Scientist $158 $142.20 Environmental Analyst 2 $140 $126.00 Environmental Analyst 1 $120 $108.00 Senior Technician $165 $148.50 Technician 4 $144 $129.60 Technician 3 $121 $108.90 Technician 2 $102 $91.80 Technician 1 $80 $72.00 Senior Editor/Senior Project Coordinator $174 $156.60 Editor 2/Project Coordinator 2/Accountant 2 $154 $138.60 Editor 1/Project Coordinator 1/Accountant 1 $128 $115.20 Administrator/Project Assistant/Billing Specialist $108 $97.20 Labor Charges: Client acknowledges that labor is provided for design professional services only. All time will be recorded and charged to the nearest 0.1 hour. Expert testimony at trials, hearings, and depositions will be billed at 150% of the standard hourly rate. For each day when testimony is provided, a minimum of 8 hours will be billed. Preparatory time will be billed at standard rates. Expenses: Subcontractor fees and other direct costs, such as air travel, project supplies and rental equipment, etc. will be itemized and billed at our cost plus a fifteen -percent handling charge. Vehicle mileage, when itemized, is billed at the standard government rate in effect at the time of travel (www.gsa.gov/mileage). Payment: Payment is due within 30 days of receipt of the invoice. A service charge of 1.5% per month or the allowable legal rate may be charged on amounts that are past due for more than 30 days. Annual Escalation: Rates are subject to revision by annual calendar year escalation in January. Rates on invoices will reflect rates in effect at the time of invoicing.