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039-18 - BHC Consultants LLC - Contract Amendment 3Amendment No. 3 to Contract No. C039-18 CITY OF PORT ORCHARD AGREEMENT WITH BHC CONSULTANTS, LLC THIS AMENDMENT to Contract No. C039-18 ("Amendment") is made effective as of the 17th day of November, 2021, by and between the City of Port Orchard ("City"), a municipal corporation, organized under the laws of the State of Washington, and BHC Consultants, LLC ("Consultant"), a limited liability company organized under the laws of the State of Washington, located and doing business at 1601 Fifth Avenue, Suite 500, Seattle, WA 98101. WHEREAS, on June 26"', 2018, the City executed Contract No. C039-18 for the Well #13 design, permitting, bidding support and construction administration services with BHC Consultants, LLC ("Underlying Agreement"); and WHEREAS, on August 18", 2020, the City executed Amendment No. 1 to Contract No. C039-18 for the Well # 13 Project's additional construction administration and support services to address unforeseen conditions with BHC Consultants, LLC; and WHEREAS, on March 23, 2021the City executed Amendment No. 2 to Contract No. C039-18 for the Well # 13 Project directing the Consultant to perform additional work to upgrade water mains to adequately tie in a proposed new PRV station on Mitchell to the surrounding system, the consultant has expended the total current contract amount prior to completing 90% design for the final phase of this project, and the 95% on the shelf design for future use now that the project is being suspended as directed, and additional services will be needed for closing out the Federal loan funded project; and WHEREAS, these additional services were necessary to close out the current DWSRF loan, specifically the final phase design for reuse in the future for the continuation of the Well #13 Project; and WHEREAS, The City and consultant require adequate time to negotiate the next phase of the design, and WHEREAS, the City desires to extend the duration of the agreement and BHC Consultants, LLC has agreed to extend the duration of services, 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: 1. The Underlying Agreement between the parties, incorporated by this reference as if herein set forth, is amended in, but only in, the following respect: The agreement termination date is extended from December 31, 2021 to December 31, 2022. 2. 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. IN WITNESS WHEREOF, the parties have executed this Second Amendment on the day and year set forth above. CITY OF PORT ORCHARD, WASHINGTON Mark ft rscy, P b orks I.711cloir ATTEST/AUTHENTICATED: Brandy Rinearson, CMC, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney BHC CONSULTANTS, LLC Ro4 Dorn P.E., President CITY OF PORT ORCHARD Authorization for Amendment No. 3 Date: November 17.2021 Project: Well #13 Contract / Job # C039-18 Contractor: BHC Consultants, LLC 1601 Fifth Ave, Ste. 500 Seattle, WA 98101 THIS CHANGE ORDER AUTHORIZES A TIME EXTENSION ONLY. CONTRACT END DATE EXTENDED TO DECEMBER 31s% 2022. ' Contract History Amount Sales Tax Total Date Appvd b Original Contract $917,910.00 $0.00 $917,910.00 26-Jun-18 Council .Amendment 1 $337,200.00 $0.00 $337,200.00 18-Aug-20 Council Amendment 2 $27,000.00 $0.00 $27,000.00 23-Mar-21 Council .Amendment 3 $0.00 $0.001 $0.00 17-Nov-21 Pw Director Total Contract $1,282,110.00 $0.00 $1,282,110.00 I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and costs are true and accurate. Ccksultant Approval Signature Publicworks Director ty gineer Printed Name & Title MARK R. DORSEY, P.E. Printed Name 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. Change Orders that do not exceed 10%, with a maximum of Attest: $100,000, of either legally authorized budget limit or contract amount established by City Council are to be approved by the Mayor. Change Orders over $100,000 or exceed a total of 10% require Council Action. Mayor City Clerk Council Approval Date C:1Userslhdraper%Desklop%Conlract Extensions%C039-18 SHC -Well 13-time onlyXC039-18 Amendment 3-Cover doc Page 1