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029-22 - Consor North America, Inc.-Murraysmith - ContractDocuSign Envelope ID: 27B4A78D-6910-49E9-A316-8B4995F9F368 CITY OF PORT ORCHARD (SEWER ON CALL) PROFESSIONAL SERVICES AGREEMENT THIS Agreement ("Agreement") is made effective as of the 22nd day of February 2022, by and between the City of Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address is: CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 and Murraysmith, Inc, a corporation, organized under the laws of the State of Oregon, doing business at: Murraysmith, Inc. 600 University Street, Suite 300 Seattle, WA 98101 Contact: Peter Cunningham, PE (hereinafter the "CONSULTANT") Phone: 206.462.703 0 For the 2023 General Sewer Plan Update for the City's Sanitary Sewer System TERMS AND CONDITIONS 1. Services by Consultant A. The Consultant shall perform the sewer on -call professional services, on a project basis, as described in the Scope of Work attached to this Agreement as F,xhibit "A." The services performed by the Consultant shall not exceed the Scope of Work and any task order issued by the City consistent therewith, without prior written authorization from the City. B. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to be the parties and incorporated in written amendments to the Agreement. C. Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. Consultant shall perform the services in accordance with the direction and scheduling provided by the City. If delays beyond Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. D. The Consultant shall not subcontract with subconsultants for the performance of any work under this Agreement without prior written permission of the City. 2. Duration of Work The Consultant shall not begin any work under this Agreement until the City has issued a Notice to Proceed. This Agreement shall expire on .luly_ 3 1, 2023, unless extended by an amendment executed by City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract CO29-22 Rev 12.14.2021 UA9_Sewer Ulility\C_Plans&Studies\ComprehensivePlanUpdates\2022 - 2023 GSP Updete\Contract\3_Contracl_ 2022 - 2023 GSP Update docx 1 of 11 the duly authorized representatives of the parties. The City reserves the right to offer two, one-year extensions prior to contract expiration to retain the selected company's services. 3. Payment A. Compensation under this Agreement will be on a "time and materials, not to exceed" basis, based on the fees included for each approved task assignment, provided total compensation for these services shall not exceed one -hundred seventeen, two -hundred seventy-two Dollars ($117,272.00) without written authorization, and will be based on the list of hourly billing rates and reimbursable expenses set forth in Exhibit B, attached hereto and incorporated herein by this reference. B. The Consultant shall be paid by the City for completed services rendered. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies equipment and incidentals necessary to complete the work. The Consultant shall bill the City on a monthly basis showing each task as a separate item with the "not to exceed" amount, any prior billings, the current billing, and the balance remaining by task. C. The amount paid by the City for each invoice shall not exceed the amount in Section 3A above and the hourly billing rates set forth in Exhibit A, except where there are conflicts with the City's Policy on Travel Expenses. The City's Policy on Travel Expenses shall supersede. The City shall pay the full amount of an invoice within sixty (60) days of receipt. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion. D. The Consultant will not undertake any work or otherwise financially obligate the City in excess of said not -to -exceed amount in Section 4 without a duly authorized amendment to this Agreement. In the event services are required beyond those specified in Section 1 and not included in the compensation listed in this Agreement, a written contract amendment shall be negotiated and approved by the City before any effort is expended on such services. E. The Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. F. At all times the Consultant shall comply with all federal, state and local laws and regulations applicable to independent contractors, including, but not limited to, all applicable public health requirements in response to COVID-19, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this Agreement shall not give rise to an employer -employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. G. If the services rendered do not meet the requirements of this Agreement, the Consultant will correct or modify the work to comply with this Agreement. The City may withhold payment for such work until the work meets the requirements of this Agreement. City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract CO29-22 Rev 12.14.2021 C:\Users\jfloyd\AppData\Local\Microsoft\Windows\INetCache\Content.outlook\RCVZLXPM Contract_ 2022 - 2023 GSP Update.docx 2of11 DocuSign Envelope ID: 27B4A78D-6910-49E9-A316-8B4995F9F368 4. Discrimination and Compliance with Laws A. The Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and regulations that are now effective or become applicable within the terms of this Agreement to the Consultant's business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. 5. Relationship of Parties The parties intend that an independent contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub - consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub - consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including but not limited to compensation, insurance, and unemployment insurance, are available from the City to the employees, agents, representatives or sub -consultants of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives and sub - consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 6. Suspension and Termination of Agreement A. Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the benefit of creditors. B. Termination with cause. This Agreement may be terminated upon the default of the Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving written notice of the default. City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract CO29-22 Rev 12.14.2021 U99 Sewer Uti IitylC_Plans&Sludics\ComprehensivePlanUpdales\2022 - 2023 GSP Updale\Conlracl\7_Convact__ 2022 - 2023 GSP Update doex 3of11 DocuSign Envelope ID: 27B4A78D-6910-49E9-A316-8B4995F9F368 C. Rights Upon Termination. l . With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost, profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. The Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. 2. Default. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained, by the City by reason of such default. D. 5 Usyiision. The City may suspend this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends. E. Notice of Termination or Suspension. Termination shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Upon receipt of the notice of termination, the Consultant will promptly discontinue all services under this Agreement. Notice of suspension shall be given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in Section 15 herein. 7. Standard of Care The Consultant represents and warrants that it has the requisite training, skill and experience necessary to provide the services under this Agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 8. Ownership of Work Product A. All data, materials, reports, memoranda, and other documents developed under this Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City. Any reuse or modification of such documents, reports or other material or work of the Consultant for purposes other than those intended by the Consultant in its scope of services under this Agreement shall be at the City's risk. City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract CO29-22 Rev 12.14.2021 U A9_Sewer Utility\C_Plans&Studies\ComprehensivePlan Updates\2022 •2023 GSP Update\Contrac(U_Contrac1_2022 •2023 GSP Updatedoex 4ofII DocuSign Envelope ID: 27B4A78D-6910-49E9-A316-8B4995F9F368 B. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in the Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent required by law, subpoena or other court order. 9. Work Performed at the Consultant's Risk The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents and sub -consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held by the Consultant for use in connection with the work. 10. Indemnification The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries or damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RC W 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 11. Insurance The Consultant shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Before beginning work on the project described in this Agreement, the Consultant shall provide evidence, in the form of a Certificate of Insurance, of the following insurance coverage and limits (at a minimum): A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 City ofPort Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract CO29-22 UA98ewer Utility\C_Plans&Studies\ComprehensivePlan Updates\2022 - 2023 GSP Update\Contrec1\3_Contrect_ 2022 - 2023 GSP Update docx 5ofII Rev 12.14.2021 DocuSign Envelope ID: 27B4A78D-6910-49E9-A316-8B4995F9F368 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial Qenef•Lii. Liability insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named by endorsement as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. 11u1s�il1u rile ljabflil. ,y insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability+ insurance shall be written with limits no less than $2,000,000 each occurrence, $5,000,000 general aggregate. 3. Workers' Compensation Employer's Liability each accident $1,000,000, Employer's Liability Disease each employee $1,000,000, and Employer's Liability Disease — Policy Limit $1,000,000. 4. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City will not waive its right to subrogation against the Consultant. The Consultant's insurance shall be endorsed acknowledging that the City will not waive their right to subrogation. The Consultant's insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract CO29-22 Rev 12.14.2021 U:\9_Sewer UlilitylC_Plans&Studies\ComprehensivePlenUpdates\2022 - 2023 GSP Updele\ConlnctU Contract_ 2022 - 2023 GSP Update docx 6ofII DocuSign Envelope ID: 27B4A78D-6910-49E9-A316-BB4995F9F368 4. If any coverage is written on a "claims made" basis, then a minimum of a three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period provided to the City. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: V1I. E. Verification of Coverage The Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. 12. Assigning or Subcontracting The Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld in the sole discretion of the City. 13. Notice Any notices required to be given by the City to the Consultant or by the Consultant to the City shall be in writing and delivered to the parties at the following addresses: Robert Putaansuu Mayor 216 Prospect Street Port Orchard, WA 98366 Phone: 360.876.4407 Fax: 360.895.9029 CONSULTANT Adam Schuyler, PE, PMP Murraysmith, Inc 600 University Street, Suite 300 Seattle, WA 98101 Phone: 206.462.7030 14. Resolution of Disputes and Governing Law A. Should any dispute, misunderstanding or conflict arise as to the terns and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other party. City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract C:029-22_ Rev 12.14.2021 UA9 Sewer Utility\C_Plans&Studies\CompmhensivePlanlJpdete.a\2022 -2023 GSP Update\Contracl\3_Cunlracl_ 2022-2023 GSP Update decx 7ofII DocuSign Envelope ID: 27B4A78D-6910-49E9-A316-8B4995F9F368 15. General Provisions A. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. B. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. C. Scyerdbi_lity. The provisions of this Agreement are declared to be severable. If any provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. D. LSrttire Agreement. The written provisions of this Agreement, together with any Exhibits and Appendices attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits and Appendices attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein. Should any language in any of the Exhibits or Appendices to this Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail. E. Certification regarding debarment and skispension. By signing this Agreement the Consultant certifies to the best of its knowledge and belief, that it and its principals: (1) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered- transactions by any federal department or agency; (2) have not within a three-year period preceding the effective date of this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated herein of; and (4) have not within a three-year period preceding the effective date of this Agreement had one or more public transactions (federal, state or local) terminated for cause or default, 16. Title VI The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract CO29-22 Rev 12.14.2021 U:\9_sewer Utility\C_Plans&Studiea\CumprehensivePlan Updates\2022 - 2023 GSP Upda1e\Centrac03 Contract_ 2022 - 2023 GSP Update docx 8ofII DocuSign Envelope ID: 27B4A78D-6910-49E9-A316-8B4995F9F368 Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The Consultant will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. Nondiscrimination: The Consultant, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. Information and Reports: The Consultant will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the Non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding payments to the Consultant under the Agreement until the contractor complies; and/or 2. cancelling, terminating, or suspending the Agreement, in whole or in part. Incorporation of Provisions: The Consultant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Consultant may request the City to enter into any litigation to protect the interests of the City. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract CO29-22 Rev 12.14.2021 Il:\9_Scwer Utility\C_Plans&Studics\ComprehensivePlentlpdates\2022 - 2023 GSP UpdQw%ContractU_Coutract— 2022 - 2023 GSP Update docx 9 of 11 DocuSign Envelope ID: 27B4A78D-6910-49E9-A316-8B4995F9F368 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth above - CITY OF PORT ORCHARD, WASHINGTON DocuSlgned by: By: IrF OIa R5srt)u%ansuu, Mayor ATTEST/AUTHENTICATE: By, rDocuSlgned by: ek,,,doJaw)- Bran y�� R ne rson, MMC City Clerk APPROVED AS TO FORM: Docu619nolby:..--rr .. By; 1VIWLVX.5Archer, City Attorney CONSULTANT By: Name: Adam Schuyler, PE Title: Principal Engineer City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract CO29-22_ Rev 12.14.2021 U:\9_Sewcr Utility\C_Plans&Studics\ComprehensivePWUpdates\2022 - 2023 GSP Upda1e\Contracl\3_Con1faCl_ 2022 - 2023 GSP Update docx 10of1I DocuSign Envelope ID: 27B4A78D-6910-49E9-A316-8B4995F9F368 During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not I im ited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race,, color, national origin); and 49 C.F,R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); ■ Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub - recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.K. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); ■ Executive Order 12898, Federal Actions to Address Environmental Justice in- Minority _ Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with "Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract CO29-22 Rev 12.14.2021 0:\9_Sewer Utility\C_Plans&Sludies\CnmprehensiwPlanUpdates\2022 - 2023 GSP UpdatelContraclU Contract_ 2022 - 2023 GSP Update docx II of II DocuSign Envelope ID: 27B4A78D-6910-49E9-A316-8B4995F9F368 EXHIBIT A SCOPE OF WORK 2023 General Sewer Plan Update City of Port Orchard Statement of Understanding The City of Port Orchard (City) currently operates a 2,100-acre aging sewer collection and conveyance system that discharges to the South Kitsap Water Reclamation Facility (SKWRF), which is owned jointly by the City and West Sound Utility District (WSUD) and operated by the WSUD. The City last prepared an updated Sewer Comprehensive Plan in 2016 and would like a new planning document to help guide near- and long-term investments in their sewer system and to coordinate with the City's 2024 Comprehensive Plan. The City's 2023 General Sewer Plan (Plan) will meet the requirements of WAC 173-240-050 to be approved by the Washington State Department of Ecology (Ecology). The consultant team is led by Murraysmith (Consultant) as the prime consultant and includes sub - consultant Katy Isaksen and Associates for financial analysis and documentation. Scope of Services To maximize the available information and to streamline the Project, all tasks include the following five components: Objective — Summary of the goals that will be achieved by each task • Work Tasks — Tasks that will be completed by the Consultant • Receivables — Information that will be provided by the City ■ Deliverables —The finished product that will be delivered to the City • Assumptions —Assumptions used to develop each task Specific Tasks City staff will be actively engaged throughout the project, utilizing a series of workshops and presentations to solicit City input and develop consensus at key points in the planning process, Tasks in this Scope of Work include: • Task 1— Project Management ■ Task 2 — Coordination with Ecology • Task 3 — Data Collection and Review JP Task 4 — Basis of Planning and Regulatory Requirements City of Port Orchard MURRAYSMITH 2023 General Sewer Plan Update 2/7/2022 1 DocuSign Envelope ID: 27B4A78D-6910-49E9-A316-8B4995F9F368 ■ Task 5 — Existing Collection and Conveyance Sewer System Summary ■ Task 6 — Sewer System Evaluation ■ Task 7 — Wastewater Treatment and Water Reclamation and Reuse ■ Task 8 — Operations and Maintenance • Task 9 — Capital Improvement Plan ■ Task 10 — Financial Analysis ■ Task 11— Plan Development and Approval Process A detailed breakdown of the tasks and subtasks that comprise the Scope of Work follows and aligns with the tasks included in the Fee Estimate included as Exhibit B. Task 1 - Project Management Objective Provide overall leadership and team strategic guidance aligned with City of Port Orchard staff objectives. To coordinate, monitor, and control the project resources to meet the technical, communication, and contractual obligations required for developing and implementing the project scope. Conduct Quality Assurance /Quality Control (QA/QC) procedures. Activities 1.1 Invoices/Status Reports Prepare monthly invoices, including expenditures by task, hours worked by project personnel, and other direct expenses with the associated backup documentation. Monthly status reports to accompany each invoice and include comparisons of monthly expenditures and cumulative charges to budget by Task, including cost -to -complete, earned value, cash flow, and sub - consultant participation. 1.2 Project Kickoff Meeting Prepare for and attend project kickoff meeting with City staff and key team members. Murraysmith to prepare for, attend, and lead the kickoff meeting. Prepare a detailed meeting agenda and distribute before the kickoff meeting for City review. Prepare and distribute minutes after the meeting. 1.3 Coordination with City Staff Coordinate with City staff by regular status reports, monthly status meetings, weekly telephone communication, and e-mail during the project. City Project Manager (PM) to be copied on all email communications with City staff. City of Port Orchard MURRAYSMITH 2/7/2022 2 2023 General Sewer Plan Update DocuSign Envelope ID: 27B4A78D-6910-49E9-A316-8B4995F9F368 1.4 Coordination with Subconsultants Coordinate with and manage Subconsultants on specific tasks, scope, and budget to facilitate execution of the Scope of Services. 1.5 Development of Project Management Plan Develop Project Management Plan (PMP) that includes the signed contract, work assignments, project work plans, communication protocol, quality control plan, schedule, health and safety plan, and invoicing procedures. 1.6 Decision Log Develop, maintain, and monitor a decision log to document major project decisions. Decision log will be a Microsoft Excel file with access provided to the consulting team and City staff. 1.7 Quality Assurance/Quality Control (QA/QC) Quality Assurance/Quality Control (QA/QC): Perform QA/QC at all key milestones and on all project deliverables. Receivables • Deliverable review comments Deliverables • Consultant shall deliver to the City a monthly invoice and status report covering: o Work on the project performed during the previous month o Meetings attended o Problems encountered and actions taken for their resolution o Potential impacts to submittal dates, budget shortfalls or optional services o Budget Analysis o Issues requiring project team action • Draft and Final Project Management Plan in PDF format • Kickoff meeting agenda and minutes • Updated monthly schedule, when applicable • Decision Log form City of Port Orchard MURRAYSMITH 2/7/2022 3 2023 General Sewer Plan Update DocuSign Envelope ID: 27B4A78D-6910-49E9-A316-8B4995F9F368 Assumptions • The project duration is anticipated to be 18 months that includes 6 months forth e approval process. • Kickoff meeting will be virtual and will be attended by two (2) members of the consultant team. 0 City review period for deliverables is 10 working days. • City review comments will be compiled into a single document before submitting to consultant. • Eighteen (18) monthly half-hour meetings with the Consultant's Project Manager and the City Public Works Director and Utility Manager are assumed. Meetings will take place virtually or by phone. • Eighteen (18) progress payments/status reports are assumed. Task 2 — Coordination with Ecology Objective Coordinate with the Ecology representative to facilitate efficient and complete delivery and approval of the Plan. Work Tasks 2.1 Ecology Kickoff Meeting Prepare for and attend a project kickoff meeting with Ecology to review project objectives, work plan, schedule, and receive Ecology input. 2.2 Coordination with Ecology Coordinate with Ecology. Receivables ■ None Deliverables ■ Ecology Kickoff meeting agenda and minutes. City of Port Orchard MURRAYSMITH 2O23 General Sewer Plan Update 2/7/2022 4 DocuSign Envelope ID: 27B4A78D-6910-49E9-A316-8B4995F9F368 Assumptions • City staff will identify Ecology representative and facilitate scheduling of Ecology kickoff meeting. ■ City PM will attend all meetings with Ecology. • Four (4) meetings will occur, including the kickoff meeting. • All meetings with Ecology will be virtual. Task 3 — Data Collection and Review Objective Collection of existing flow data and background information for the system, including pipe, pump station, and operations information. The data and information compiled and reviewed in this Task will aid in completing future Tasks. 3.1 Develop and Submit Data Collection Request Log Prepare and maintain a list of data needed for the project, submit list to the City, and coordinate with the City during the data collection process by using the Data Collection Request Log. Update the Data Collection Request Log based on data availability and as data is received. The log to be accessible to consultant and City staff such that duplicate data requests are not made. Obtain available existing information, including but not limited to (as available): • 2016 General Sewer Plan in Word (.docx) format -- • Geographic Information System (GIs) layers (attributes) o Pipeline condition assessment and ranking in available format. o Pipes (diameter, length, upstream and downstream manhole connectivity and invert elevations, material) o Manholes (depth/invert elevation, rim elevation, connecting pipe offsets) o Soil info (geologic classification, infiltration rates or hydraulic conductivity) o Parcels o Right-of-way (ROW) o Flow monitors and Rain Gauge locations City of Port Orchard MURRAYSMITH 2O23 General Sewer Plan Update 2/7/2022 5 DocuSign Envelope ID: 27B4A78D-6910-49E9-A316-8B4995F9F368 o Streets o Water bodies o Topography (5-feet or less resolution elevation) o Pump Stations o Other storage and diversion structures • Flow, pump runtime, and rainfall monitoring data in 1-hour increments, if available, for the past five (5) years • Flow data from the SKWRF for the past five (5) years • Large user (industrial, institutional, etc.) flow data estimates if available A Existing population and future projections; employment data if available • Information on new facilities constructed since 2016 GSP • Pump station parameters and condition information (pump curve, start/stop elevations, point of operation if variable speed pumps are used) • Wet well dimensions and as -built drawings • Force main profile, size, length, and material ■ Pipe/Manhole Condition Information • Water consumption data for service area • Design standards including minimum slopes, design rainfall storm events, maximum allowable d/D (depth/Diameter) ratios by pipe sizes, peaking factors, allowable infiltration/inflow rates (gallons per acre or gallons per feet of pipe or gallons per inch - diameter -mile) • Current interlocal agreement with WSUD ■ Current Rate Study ■ Other information as requested 3.2 Review Data Provided by City Review and catalogue the data provided by the City. City of Port Orchard MURRAYSMITH 2O23 General Sewer Plan Update 2/7/2022 6 DocuSign Envelope ID: 27B4A78D-6910-49E9-A316-8B4995F9F368 Receivables • Pertinent records, drawings, and information relevant to the sanitary sewer collection and conveyance systems. • Information compiled and requested in the Data Collection Log. Deliverables ■ Data Collection Request Log Assumptions ■ City staff to provide data requested in most appropriate and useful format within 10 working days of the data request. ■ Budget has been developed assuming all data is provided in electronic format. Task 4 — Basis of Planninr, and Regulatory Requirements Objective Develop population projections and establish the Basis of Planning for the Plan. Document the regulatory requirements guiding the Plan and establish the service area. Work Tasks 4,1 Regulatory Requirements Review and document the project -specific regulatory requirements and criteria, potential future requirements/trends, including: ■ Previous Planning Efforts — Provide a written summary of recent planning efforts. • Federal, State, and Local Rules and Regulations — Document Federal, State, and local rules and regulations that relate to the City's sanitary sewer systems, including the Washington Criteria for Sewerage Works Design ("Orange Book") 01 City Design and Construction Standards and Specifications ■ Collection System Planning Criteria — Identify planning design criteria, including defining pipe deficiency criteria. Additional criteria may include pump station firm capacity, force main maximum velocity, and gravity pipeline minimum scouring velocity. ■ System Resiliency Criteria — Define resiliency criteria (likelihood of failure and consequence of failure) including threat characterization and goals. City of Port Orchard MURRAYSMITH 2/7/2022 7 2023 General Sewer Plan Update DocuSign Envelope ID: 27B4A78D-6910-49E9-A316-8B4995F9F368 4.2 service Area and Vicinity Review the current jurisdictional boundaries and land use designations to establish the study area for the planning horizons. Review and characterize the adjacent jurisdiction's service area in relation to the City's service area. Prepare service area characteristic maps as required to meet WAC and Orange Book requirements. Develop base map of the service area. 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. 4.4 Basis of Planning Workshop Conduct a workshop with City staff to review the results of the previous work tasks and get input on information prior to development of Plan Chapter 1— Basis of Planning. Receivables ■ Current sewered customer information • Large, non-residential wastewater customers and flows 2016-2021 • Land -use and service area changes, specifically where there are projected re -zones or expected service extensions. • Current population numbers for 2022 and future population projections for 2029, 2033, 2043, and build -out It Comments on Draft Chapters 1 through 4. Deliverables • Chapter 1— Introduction Chapter 2 — Policies and Standards • Chapter 3 — Service Area Characteristics Chapter 4 — Population ■ Agenda and minutes for the Basis of Planning Workshop Assumptions ■ Water meter consumption data is available for all sewer customers. City of Port Orchard 2/7/2022 8 MURRAYSMITH 2O23 General Sewer Plan Update DocuSign Envelope ID: 27B4A78D-6910-49E9-A316-8B4995F9F368 • Any sewer basin revisions will be reviewed and approved by the City prior to finalization. ■ Up to two (2) staff from Murraysmith will attend the Basis of Planning workshop, which will be up to two (2) hours in duration and be virtual. Task 5 — Existing Collection and Conveyance Sewer System Summary Objective Provide an overview of the existing system using the sewer system information received in Task 2. Work Tasks 5.1 System Overview Review and summarize existing system components, operation, and facility upgrades. Document, review, and summarize intergovernmental agreements related to the sewer conveyance system. 5.2 Existing Collection and Conveyance Facilities Review and document the City's existing collection and conveyance system including an inventory of existing conveyance piping, hydraulic structures including outfalls, and pump stations. 5.3 Sewer Rosins Review delineations of the existing sewer basins and make refinements, if necessary, to define extents for the Plan. Document pertinent information including area, summary of sewer system components contained in each sewer basin, and land uses. Develop base map showing sewer drainage basins. Develop basin maps for delineated basins. 5.4Current and Future Sewer Flow Projections Document existing and future population and employment numbers in the service area and for the planning horizons. Utilize available flow monitoring data, water meter consumption data, pump runtime data, and other sources to characterize wastewater flows for the existing system including: • Average Dry Weather Flow (ADWF) rate in gallons per capita per day (gpcd) using flow monitoring data • 24-hour weekday and weekend patterns for each flow monitoring site ■ Separation of domestic wastewater and infiltration/inflow (1/1) using water meter data • Large/Industrial users City of Port Orchard MURRAYSMITH 2O23 General Sewer Plan Update 2/7/2022 9 DocuSign Envelope ID: 27B4A78D-6910-49E9-A316-8B4995F9F368 • 1/1 coefficients and unit rates to characterize sub -basins • Calculate dry weather and wet weather flow to meet requirements of EPA Publication No. 97-03 • Wet weather flows (also to be generated through H/H modeling) Develop future wastewater flow projections for the same metrics using future population and growth projections. It is anticipated that the future ADWF to be based on existing per unit rate developed for the current conditions in conjunction with future population estimates, Compare rainfall to peak flows. Receivables • Information related to criticality of existing sewer facilities. • Comments on Draft Chapter 5 and 6 Deliverables ■ Chapter 5 — Existing Sewer Facilities • Chapter 6 — Wastewater Flows Task 6 — Sewer System Evaluation Objective Update existing model developed as part of the 2016 GSP with major facilities constructed or upgraded since 2016, Update with new flow projections for the planning horizons identified. 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 operations and maintenance staff. VVork Tasks 6.1 Hydraulic Modeling Update the hydraulic model representing the City's collection and conveyance system with new facilities and updated dry weather and 1/1 flows. 1/1 rates will vary based on analysis in Task 5. Set up dry weather flow parameters using ADWF determined in Task 5. The hydraulic resolution of the model to include all major interceptors and collector pipes at a resolution necessary to analyze the collection system. Calibrate the updated model to flow monitoring data collected in Task 3. Use peak flow and total flow volume as the calibration metrics. City of Port Orchard 2/7/2022 10 MURRAYSMITH 2023 General Sewer Plan Update DocuSign Envelope ID: 27B4A78D-6910-49E9-A316-8B4995F9F368 6.2 Capacity Analysis Evaluate existing system performance under dry and wet weather conditions using the calibrated H/H model Task 6.1. Identify system deficiencies using the established planning criteria from Task 4. Perform iterative modeling where system bottlenecks are removed in capacity restricted area to account for downstream impact, thus establishing unrestricted peak flows through the system. Export simulated peak flows from the model and compare to the system deficiency criteria identified in Task 5 for the collection system. Compare peak flow with pipe capacity in a database that links model output data with the pipe hydraulic capacity to determine deficiency extent and compute appropriate pipe diameter to address the deficiency. Update the calibrated H/H model loading for the 20-year planning horizons. Evaluate future system performance and level of service for dry and wet weather and identify system deficiencies using the planning criteria established in Task 5 and the same iterative methodology used for existing system evaluation. Develop level of service (LOS) maps for the existing system and 20-year planning horizon by comparing simulation results using the design rainfall timeseries with the identified deficiency criteria. A GIS layer to be provided along with the maps. 6.3 Sewer System Evaluation Workshop Conduct a workshop with City staff to review the results of the system analysis and inventory of feasible alternatives, e.g. alternative piping alignments, pump station capacity upgrades, basin interconnections, and/or pipe upsizing. 6.4 Collection System Condition Assessments Interview operations and maintenance staff on known issues at the lift stations, force mains, and gravity collection system. Document known issues. Receivables Information on collection system asset condition to facilitate desktop review of lift stations and piped systems. • Comments on Draft Chapter 7 ■ Input on Pump Station Condition Assessment form Deliverables ■ Updated and calibrated H/H Model • LOS Maps for Existing System and corresponding GIS shapefile • Chapter 7 — Sewer System Evaluation • Agenda and meeting minutes for the workshop under this task City of Port Orchard MURRAYSMITH 2/7/2022 11 2023 General Sewer Plan Update DocuSign Envelope ID: 27B4A78D-6910-49E9-A316-8B4995F9F368 Assumptions • Model will be calibrated at up to three (3) locations using existing flow data. If additional flow monitoring is performed, this may extend the schedule. ■ Deficient pipes will be sized for the build -out planning horizon per established planning criteria from I ask 5. • The consultant is not tasked with reviewing closed circuit television (CCTV) data. ■ No field work for condition assessments or CCTV review time is included in this scope. • Up to three (3) Murraysmith staff will attend workshop in this task which will be two (2) hours in duration. Meeting will be virtual. Task 7 — Wastewater Treatment and Water Reclamation and Reuse Objective Briefly summarize wastewater treatment and water reclamation and reuse for the City's sanitary sewer system. Work Tasks 7.1 Existing Wastewater Treatment Summarize the treatment of the City's wastewater by WSUD. 7.2 Water Reclamation and Reuse Summarize WSUD's water reclamation and reuse of the City's wastewater. Receivables a None Deliverables • Chapter 8 — Wastewater Treatment and Water Reclamation and Reuse Assumptions ■ This chapter is required to satisfy Ecology requirements. City of Port Orchard 2/7/2022 12 M U R RAYSM ITH 2023 General Sewer Plan Update DocuSign Envelope ID: 27B4A78D-6910-49E9-A316-8B4995F9F368 Task 8 — Operations and Maintenance Objective Document current operations and maintenance (0&M) program and provide comparison to similarly sized utilities. Work Tasks 8.1 Workshop with 0&M Staff Conduct a workshop with 0&M staff to gain understanding of the City's current practices and programs, to define content and format of the O&M chapter, and to discuss 0&M activities for sewer system. 8.2 Current O&M Program Review and summarize current O&M program practices as determined from existing O&M materials and through workshop with O&M staff. Provide recommendations for CCTV review, guidance as to what constitutes a deficiency, and CCTV documentation. 8.3Staffing Summary Summarize benchmarks comparing City staffing with similarly sized sewer utilities. Receivables _Current O&M staffing ■ Current O&M and safety practices and programs ■ Documentation of items to be included in O&M Plan Chapter. ■ Comments on Draft Chapter 9 Deliverables • Chapter 9 —Operations and Maintenance ■ Agenda and meeting minutes for O&M workshop Assumptions ■ Up to two (2) Murraysmith staff will attend workshop in this task which will be up to two (2) hours in duration. Workshop to be held virtually. City of Port Orchard MURRAYSMITH 2O23 General Sewer Plan Update 2/7/2022 13 DocuSign Envelope ID: 27B4A78D-6910-49E9-A316-8B4995F9F368 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 years of the planning horizon. The basis for the CIP is the selection of preferred alternatives and the corresponding work completed under previous tasks. Work Tasks 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. 9.2 Prioritization Workshop Conduct- a workshop with City staff to select prioritization criteria including the timing of deficiency, extent and type of deficiency, customers impacted, environmental impacts, capital and O&M costs, and other concurrent City CIP plans. 9.3 CIP Phosinrg Develop a phased CIP project list for the 20-year planning horizon with year -by -year CIP for the first 6 years of the planning horizon. Apply the criteria selected during the prioritization workshop for CIP phasing. Overlap proposed sewer CIP with the City available CIPs to determine project overlap areas to evaluate combining projects to minimize costs and impacts to the public. 9.4CIP Project Mopping Develop interactive GIs maps of CIP projects on a comprehensive base map using Arc GIS Pro Online. Utilize the map to facilitate discussion in the prioritization workshop. City of Port Orchard MURRAYSMITH 2O23 General Sewer Plan Update 2/7/2022 14 DocuSign Envelope ID: 27B4A78D-6910-49E9-A316-8B4995F9F368 9.5 Final CIP Workshop Conduct CIP workshop to discuss results of the CIP phasing, costing, and prioritization. Receivables " Comments on Draft Chaptei 10 • Input on prioritization criteria. Deliverables ■ Agenda and minutes for the two workshops under this task " Chapter 10—Capital Improvement Plan Assumptions • Cost opinions will be based on current market factors, as well as recent City specific construction bids and industry standards, and are Class 5 per AACE International Recommended Practice No. 56R-08 with an anticipated accuracy range of+100 percent to -50 percent • Operation and maintenance costs will be qualitative and relative based on high, medium, and low O&M investment and cost. • Up to four (3) Murraysmith staff will attend the Prioritization Workshop, which will be two (2) hours in duration. This workshop is assumed to be virtual. • Overlapping underground utility CIPs will be limited to those currently available and be used in CIP prioritization. • Up to four (3) Murraysmith staff will attend the Final CIP Workshop, which will be two (2) hours in duration. This workshop is assumed to be virtual. Task 10 — Financial Analysis Objective A 6-year financial plan will be developed by updating a spreadsheet model to demonstrate the operating, debt and capital needs along with how these will be paid for. Operating revenues will be matched with ongoing expenses (operations, debt) to ensure sustainable utilities. Rates and connection fees will be reviewed and updated to ensure a balanced plan for the sewer utility. During the development of the financial plan, alternatives may be developed and reviewed with Public Works and engineers. City of Port Orchard MURRAYSMITH 2O23 General Sewer Plan Update 2/7/2022 15 DocuSign Envelope ID: 27B4A78D-6910-49E9-A316-BB4995F9F368 Work Tasks 10.1 Financial Program and Chapter Prepare Financial Strategy chapter per attached Scope of Work from Katy Isaksen & Associates. Receivable:. ■ Necessary sewer financial information as requested. Deliverables • Draft six -year outlook materials to be reviewed with Public Works. • Capital Facilities Charge update memorandum. ■ Sewer rate table for use in Ordinance drafting, if necessary. • Presentation materials for Council. • Chapter 11— Financial Strategy Assumptions • None Task 11 - Plan Development and Approval Process Objective Develop the 2023 General Sewer Plan by compiling the chapters developed in previous tasks, appendices and developing the Executive Summary. Develop the Plan to meet the.WAC 173-240- 050 requirements for a General Sewer Plan. 11.1 Executive Summary and Appendices Compile appendices comprised of the work products resulting from the previous tasks. Develop the Executive Summary for the Plan 11.2 Draft Plan for City Review and SEPA Use Compile the work products and findings from the previous tasks and consolidate them into a single draft Plan. Complete State Environmental Policy Act (SEPA) checklist. The draft Plan is anticipated to include the following chapters. E. Executive Summary 1. Introduction City of Port Orchard MURRAYSMITH 2/7/2022 16 2023 General Sewer Plan Update DocuSign Envelope ID: 27B4A78D-6910-49E9-A316-BB4995F9F368 2. Policies and Standards 3. Service Area Characteristics 4. Population 5. Existing Sewer Facilities 6. Wastewater Flows 7. Sewer System Evaluation 8. Wastewater Treatment and Water Reclamation and Reuse 9. Operations and Maintenance 10. Capital Improvement Program 11. Financial Strategy 12. Appendices 11,3 Draft Plan Revisions and Council Adoption Submit draft Plan to the City. Meet with City to review and receive comments. Revise plan based on City review comments. Submit updated plan for Council adoption. 11.4 Ecology Review and Revisions Submit two (2) hard copies of the revised draft Plan to Ecology for review. Provide draft written responses to Ecology's review comments and submit to City for review and input. With City input, finalize written responses and develop a final document that incorporates comments. Submit comment responses and updated plan to Ecology for approval. 11.5 Final Electronic and Hard Copies Prepare final copies of the plan in electronic and hard copies Receivables ■ City's SEPA checklist. • Written review comments on the draft Plan prior to submission to Ecology * Review comments on draft responses to Ecology's review comments. Deliverables • Two (2) hard copies and one (1) electronic copy of the draft Plan will be created for the City prior to submission to Ecology. • One (1) electronic copy of revised draft plan will be provided to adjacent agencies for review. • Two (2) revised hardcopy draft Plans will be submitted to Ecology for review. One (1) electronic copy of the revised draft Plan will be submitted to the City. • Draft and final written responses to Ecology's review comments. City of Port Orchard MURRAYSMITH 2O23 General Sewer Plan Update 2/7/2022 17 DocuSign Envelope ID: 27B4A78D-6910-49E9-A316-8B4995F9F368 • Three (3) hard copies and one (1) electronic copy of the final plan will be submitted to City Council for review and adoption. • One (1) hard copy of the adopted plan along with an electronic file in pdf format will be submitted to Ecology for their final approval. • rive (5) hard copies and one electronic copy (including Eculugy'S approval) of Lhe final Plan will be delivered to the City. Assumptions • No additional comments will be accepted on the previous memoranda, draft chapters and meeting minutes that were reviewed and accepted by City staff and will be incorporated into the Plan. • No additional significant comments will be provided by the City. • City will have provided comments on each chapter of the plan prior to the consultant developing the overall draft of the Plan. • City will provide review comments on all drafts of the Plan. Budget 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 Project Schedule Work will begin upon receipt of a signed contract and notice to proceed, or other agreeable written authorization. Work will proceed in a timely manner with an anticipated completion date City of Port Orchard 2/7/2022 18 MURRAYSMITH 2023 General Sewer Plan Update DocuSign Envelope ID: 27B4A78D-6910-49E9-A316-BB4995F9F368 30 months from notice to proceed. The project duration is based on timely input, information, and review comments from City staff. A detailed schedule including meeting and workshop dates will be submitted with the Project Management Plan as one of the first work tasks once notice to proceed has been issued. Project Kick -Off 3/2022 3/2022 Task 1- Project Management 3/2022 9/2023 Task 2 - Coordination with Ecology 3/2022 9/2023 Task 3 - Data Collection and Review 3/2022 4/2022 Task 4 — Basis of Planning and Regulatory Requirements 4/2022 8/2022 Task 5 — Existing Collection and Conveyance Sewer System Summary 5/2022 7/2022 Task 6—Sewer System Evaluation 7/2022 10/2022 Task 7 — Wastewater Treatment and Water Reclamation and Reuse 11/2022 12/2022 Task 8—Operations and Maintenance 11/2022 12/2022 Task 9 —Capital Improvement Plan 12/2023 1/2023 Task 10— Financial Analysis 1/2023 4/2023 Task 11— Plan Development and Approval Process 4/2023 2/9/23 Submit Draft Plan to City 4/2023 4/2023 Submit Draft Plan to Ecology 5/2023 5/2023 Submit Final Plan to City. for Adoption by City Council 8/2023 8/2023 Submit Adopted Comprehensive Sewer Plan to Ecology for Approval 9/2023 9/2023 Project Close -Out 9/2023 9/2023 City of Port Orchard MURRAVSMITH 2O23 General Sewer Plan Update 2/7/2022 19 DocuSign Envelope ID: 27B4A78D-6910-49E9-A316-8B4995F9F368 2 T I Ell I III � V . 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