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053-19 - Terraphase Engineering - Robinson Noble - Contract Amendment 4DocuSign Envelope ID: 1E59BA13-OE57-4690-8680-4E3OBO41C6B3 CITY OF PORT ORCHARD Authorization for Amendment No. 4 Date: June 13, 2023 Project: 2019-2020 ESSB 6091 Foster Pilot Project Services Contract / Job # C053-19 Contractor: Robinson Noble, Inc 2105 South C Street Tacoma, WA 98402 THIS CHANGE ORDER AUTHORIZES THE FOLLOWING CHANGES TO THE AGREEMENT: Section 3. Terms the termination date is extended to December 30, 2024. Section 4 (Compensation} of the agreement is increased by $100,000 changing the TIME AND MATERIALS NOT TO EXCEED, as amended, from $463,857 to $563,857 (inclusive of all amounts paid prior to the execution of this amendment). Revision of Exhibit E: Fee Schedule 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. The amendment provides continuing services for the 2019-2020 ESSB 6091 Foster Pilot Project. Contract History Amount Sales Tax Total Date Appvd b 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 28-Jun-22 Council Amendment 4 1 $100,000.001 $0.001 $100,000.00 13-Jun-23 council Total Contract $563,857.00 $0.00 $563,857.00 1 have reviewed the Amendment information above and certifv that to the best of my knowledee descriptions and costs are true and accurate. Digitally signed by James E Hay C actor A oval ig a� P Public Works Director James E. Hay, President Tony Lang Printed Name & Title 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. �DocuSigned by: b pINiSlA.bt'sw Manor ocuSigned by: �valn j 1N F� City Clerk 6/13/2023 Council Approval Date Page 1 of 8 DocuSign Envelope ID: 1E59BA13-OE57-4690-8680-4E3OBO41C6B3 Amendment No. 4 to Contract No. 053-19 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT WITH Robinson Noble, Inc THIS AMENDMENT No. 4 to Contract No. 053-19 ("Amendment") is entered into between the City of Port Orchard, a Washington municipal corporation ("City" or "Port Orchard") and Robinson Noble, Inc., a Washington corporation ("Consultant"). City and Consultant are each a "Party" and together "Parties" to this Amendment. RECITALS: WHEREAS, on the September 10, 2019, the City executed a Professional Services Agreement for 2019-2020 ESSB 6091 Foster Pilot Project Services with the Consultant ("Underlying Agreement"); and WHEREAS, on December 3, 2020, November 15, 2021, and June 28, 2022, respectively, Amendments 1, 2, and 3 were approved, extending the Underlying Agreement's termination date to June 30, 2023, and increasing the Agreement Time and Materials Not to Exceed to $463,857; and WHEREAS, continuing services for the 2019-2020 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 30, 2024, and to increase the "Time and Materials Not to Exceed" amount, Section 4 (Compensation), of the agreement from $463,857 to $563,857 in anticipation of the additional work; and 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. 4 to Agreement between City of Port Orchard and Robinson Noble, Inc. Contract No. C053-19 Page 1 Updated 4/2022 IBDR Page 2 of 8 DocuSign Envelope ID: 1E59BA13-OE57-4690-8680-4E30B041C6B3 FOURTH AMENDMENT TO AGREEMENT: 1. Amendment. a. Section 3 Terms of the Agreement is hereby amended to read as follows: This agreement shall commence on September 10, 2019 ("Commencement Date") and shall terminate December 30, 2024, unless extended or terminated in writing as provided herein. 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 $563,857, inclusive of all amounts paid prior to the execution of Amendment No. 4 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 E" (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 June 13, 2023. DATED this 13th day of June, 2023. Amendment No. 4 to Agreement between City of Port Orchard and Robinson Noble, Inc. Contract No. C053-19 Page 2 Updated 4/2022 IBDR Page 3 of 8 DocuSign Envelope ID: 1E59BA13-OE57-4690-8680-4E30B041C6B3 C o�Es,QRT..ORCHARD, WASHINGTON 96b P W a b-SWA, Robert Putaansuu, Mayor ArTd U14NTICATED: Brandy Wallace, MMC, City Clerk A / A; TO FORM: Charlotte A. Archer, City Attorney CONSULTANT a 1 _ Digitally signed by James E Hay Sire 12:34:42-07'00' James E. Hay, President Printed Name and Title Amendment No. 4 to Agreement between City of Port Orchard and Robinson Noble, Inc. Contract No. C053-19 Page 3 Updated 4/2022 IBDR Page 4 of 8 DocuSign Envelope ID: 1E59BA13-OE57-4690-8680-4E3OBO41C6B3 Exhibit E ROBINSON NOBLE General Fee Schedule January 1, 2023 Professional Positions Fee per Hour Principal Engineer, Hydrogeologist or Environmental Scientist $230 Associate Engineer, Hydrogeologist or Environmental Scientist $205 Senior Engineer, Hydrogeologist or Environmental Scientist $176 Senior Project Engineer, Hydrogeologist or Environmental Scientist $152 Project Engineer, Hydrogeologist or Environmental Scientist $137 Staff Engineer, Hydrogeologist or Environmental Scientist $122 Senior Field Staff $109 Field Staff $95 Legal Support/Expert Witness ServicesTrestimony 150% of above rates Support Positions Senior GIS/CAD Specialist $114 Senior Technician $114 Senior Administrator $98 GIS/CAD Specialist $98 Technician $98 Administrator $88 Clerical Support $88 Other Fees and Costs Subcontracts/ Professional services 15% Management Fee Outside laboratory services 15% Construction subcontracts 15% Other Costs Travel (auto) $0.72/mile Travel (other) Cost +10% Per diem Prevailing State rate +10% Other direct expenses Cost +10% Field and laboratory testing/equipment rental See following pages This fee schedule is subject to change according to contract or Professional Services Agreement conditions. A surcharge fee of 2.3%, which is equal to our processing fees, will be applied to payments by credit card. There is no surcharge fee on debit cards. Robinson Noble, Inc. Page 5 of 8 rates effective January 1, 2023 DocuSign Envelope ID: 1E59BA13-OE57-4690-8680-4E3OBO41C6B3 Hydrogeologic Equipment Rental Schedule �aiivaiy i, LVLJ Equipment Unit Rate Water Level Transducer and Data Logger Per day $50 Field Laptop Computer Per day $40 Electric Water Level Sounder(s) 0 to 300 ft Flat fee per project $30 over 300 ft Flat fee per project $60 DC Submersible Purge Pump (Single Stage) Per pump List price + 10% DC Submersible Purge Pump (Dual Stage) Per pump List price + 10% Single -Ring Infiltrometer Per day $50 Double -Ring Infiltrometer Per day $100 Schonstedt Gradient Magnetometer Per day $75 Geonics EM-61 Metal Detector Per day $500 Downhole Gamma/Resistivity/Temperature Per day $500 Logging Equipment Downhole Caliper Logging Equipment Per day $350 Draw Works Per day $600 Mechanical Sieve Sample Equipment Flat fee per well $50 2-inch Gasoline -powered Centrifugal Pump Per day $100 (includes hoses) 2-inch Submersible Pump + Controller Per day $180 Generator & Fuel Per day $70 Hand Auger Per day $75 Survey Gear (laser level & rod) Per day $85 FlowTracker Acoustic Doppler Velocimeter Per day $200 Stream Gaging Equipment pH Field Meter Per day $25 GPS Per day $20 BART Test Per test List price + 10% Digital Camera Per day $10 Sonic Sounder Per day $50 Ultrasonic Flow Meter Per day $200 This fee schedule is subject to change according to contract or Professional Services Agreement conditions. A surcharge fee of 2.3%, which is equal to our processing fees, will be applied to payments by credit card. There is no surcharge fee on debit cards. Robinson Noble, Inc. Page 6 of 8 rates effective January 1, 2023 DocuSign Envelope ID: 1E59BA13-OE57-4690-8680-4E30B041C6B3 Environmental Equipment Rental and Consumable Schedule jaiivaiy i, LVLJ Equipment Unit Rate Water Level Transducer and Data Logger Per day $50 Field Laptop Computer Per day $40 Electronic Water Level Sounder Per day $30 Electronic Interface Probe Per day $75 DC Operated Peristaltic Pump Per day $45 2-inch Gasoline -powered Centrifugal Pump Per day $100 (includes hoses) 2-inch Submersible Pump + Controller Per day $350 Generator & Fuel Per day $70 Low -Flow Bladder Pump Per day $175 Photoionization Detector Per day $75 Combustible Gas Indicator Per day $65 GPS Per day $20 Water Quality Meter Per day $200 Teflon Water Bailer Per day $30 Mechanical Sieve Sample Equipment Flat fee per project $50 Survey Gear (laser level & rod) Per day $85 pH Field Meter (soils) Per day $50 Digital Camera Per day $10 Hand Auger Per day $75 Other Equipment Negotiated Negotiated Consumable Items: Polyethylene Purge/Sampling Tubing Each 10 feet $2.50 DC Submersible Purge Pump (Single stage) Per pump List price + 10% DC Submersible Purge Pump (Dual Stage) Per pump List price + 10% Silicone Peristaltic Pump Head Tubing Each foot $4.00 Bladders for Low -Flow Bladder Pump Each $5.00 Water Sample Bailer Each $10 Bailer Rope/String Each 10 feet $1.00 Personal Protection Equipment Per day per person $50 Non -Hazardous Waste Label Each $1.50 This fee schedule is subject to change according to contract or Professional Services Agreement conditions. A surcharge fee of 2.3%, which is equal to our processing fees, will be applied to payments by credit card. There is no surcharge fee on debit cards. Robinson Noble, Inc. Page 7 of 8 rates effective January 1, 2023 DocuSign Envelope ID: 1E59BA13-OE57-4690-8680-4E3OBO41C6B3 Geotechnical Field and Laboratory Testing Schedule jdiiudiy i, zvzo Test Fee Portable Nuclear Density Gauge Per Hour $5.00 Slope Inclinometer Per day $350 Direct Shear Point $225 Moisture -Density Relationship Curves: Each 1 pt $160 Each Multiple pts $275 Sieve Analyses (Gradations -Wet Sieve) Each $150 Bulk Sieve (if gravelly or >101b) Add $70 200 Wash Each $80 Hydrometer Analysis Each $175 Falling Head Permeability Each $190 Atterberg Limits Each $240 (Liquid Limit and Plastic Limit) Moisture Content Each $18 Dynamic Cone Penetrometer Day $275 Points Each $30 Resistivity 4-point Gauge Day $350 Hand Auger Per day $75 Consolidation Test Incremental Loading $900 (9 loads, 0.125 TSF to 32 TSF, 4 unloads) $100/each additional load Shelby Tube Extrusion/Sample Description $60 Single -Ring Infiltrometer Per day $100 Unit Weights Per test $50 Engineering Modeling Software Per Hour $75 This fee schedule is subject to change according to contract or Professional Services Agreement conditions. A surcharge fee of 2.3%, which is equal to our processing fees, will be applied to payments by credit card. There is no surcharge fee on debit cards. Robinson Noble, Inc. Page 8 of 8 rates effective January 1, 2023