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058-24 - Resolution - Contract w/ Consor North America for Ruby CreekDocusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F RESOLUTION NO.058-24 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH CONSOR NORTH AMERICA, INC. FOR THE DESIGN AND PERMITTING OF THE RUBY CREEK LIFT STATION SEWER PROJECT. WHEREAS, Kitsap Transit is constructing a park and ride facility known as the Ruby Creek Park and Ride ("Project") for public benefit, which is located within the City of Port Orchard at SW Sedgwick Rd. and Sidney Rd. SW; and WHEREAS, the Project will require Kitsap Transit to construct sewer improvements to support the facility ("Sewer Improvements"), which must be designed and constructed to City standards and will be dedicated to the City once completed, approved, and accepted; and WHEREAS, on December 12, 2023, City Council approved Interlocal Agreement No. 102- 23 with Kitsap Transit in which the City will provide design work for sewer improvements and permitting applications to eliminate duplicative review and inspections and the associated costs, and in exchange, Kitsap Transit will reimburse the City for all design and permitting costs; and WHEREAS, pursuant to Ch. 39.80 RCW and the City's Procurement Procedures Policies adopted as Resolution No. 073-23, as amended, the City published a Request for Qualifications (RFQ) for Architectural and Engineering Services for the Project, in the Kitsap Sun and the Daily Journal of Commerce on July 5, 2024, and July 12, 2024; and WHEREAS, by the July 26 2024 deadline the City received one (1) Statement of Qualification (SOQ) from Consor North America, Inc (the "Consultant"), and based upon the SOQ, and upon reviewing the overall qualifications of the submitting firm, the Public Works staff determined Consor North America, Inc., met the requirements and criteria as described in the RFQ and was the most qualified, responsible and responsive consultant to provide the Architectural and Engineering services for the Project; and WHEREAS, Public Works Staff then met with the Consultant to discuss the project scope and the associated contract terms, and on September 5, 2024, the City received a defined scope of work (consistent with the initial RFQ), Budget, Project Timeline and fee proposal from Consor North America, Inc.; and WHEREAS, the Port Orchard City Council believes Consor North America, Inc. to be a highly qualified consulting firm for this Project; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor's Office, wishes to document their consultant selection process as described above for this particular contract by Resolution; now, therefore, Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F Resolution No. 058-24 Page 2 of 2 THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council authorizes the Mayor to sign the Professional Services Agreement with Consor North America, Inc. (attached hereto as Exhibit A and incorporated herein with this reference) for the Ruby Creek Lift Station Sewer Project. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 8th day ofdqctober 2024. Signe y: Robert Putaansuu, Mayor ATTEST: DocuSigned by: 404 19- Brandy Wallace, MMC, City Clerk %0XIitR� rrrr�r�� f N.—MA, CP SEA ' s tp • ? f`'',aF WA`s''N��`'��• Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F Port Orchard Contract #: 078-24 Authorized Amount: $469,966.00 Date Start: September 24, 2024 Date End: September 30, 2025 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is entered into by and between the City of Port Orchard, Washington, a municipal corporation organized under the laws of the State of Washington ("City") and Consor North America, Inc., ("Consultant") organized under the laws of the State of Washington, located and doing business at 400 E Mill Plain Blvd, STE 400 Vancouver WA 98660-3491 (hereinafter the "Consultant"). RECITALS: WHEREAS, the City desires to have certain services performed for its residents; and WHEREAS, the City has selected the Consultant to perform such services pursuant to certain terms and conditions; and WHEREAS, the City complied with the requirements for hiring Consultant contained in Chapter 39.80 RCW; NOW, THEREFORE, in consideration of the mutual benefits and conditions set forth below, the parties agree as follows: AGREEMENT: 1. Scope of Services to be Performed by Consultant. The Consultant shall perform those services described on Exhibit "A," which is attached hereto and incorporated herein by this reference as if set forth in full. In performing such services, the Consultant shall at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Consultant shall perform the services diligently and completely and in accordance with professional standards of conduct and performance. The Consultant shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. If the services provided hereunder are funded in whole or in part under a Grant Funding Agreement, then Consultant will comply with the terms of such Grant Funding Agreement to ensure that the City is able to obtain the maximum funding under such Grant Funding Agreement. If this applies, the City will provide the Consultant with a copy of the Grant Funding Agreement. City of Port Orchard and Consor North America, Inc. Public Works Project: Ruby Creek Lift Station Design Updated 412022 ISDR Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F 2. Compensation. The City shall pay the Consultant for services rendered according to the rates and methods set forth below. LUMP SUM. Compensation for these services set forth in Exhibit A shall be a Lump Sum �7f of $ IJ TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $469,966.00 without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit "A." ❑ TIME AND MATERIALS. Compensation for these services shall be on a time and materials basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit „g OTHER 3. Payment. A. The Consultant shall maintain time and expense records and provide them to the City monthly after services have been performed, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper invoice. 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. C. 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. D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, 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. E. If the services rendered do not meet the requirements of the Agreement, the Consultant will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. The City shall pay the Consultant for City of Port Orchard and Consor North America, Inc. Public Works Project: Ruby Creek Lift Station Design Updated 412022 IBDR Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F services rendered within ten (10) days after City Council voucher approval. However, if the City objects to all or any portion of an invoice, it shall notify Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the Parties will immediately make every effort to settle the disputed portion. F. The City reserves the right to direct the Consultant's compensated services before reaching the maximum amount. 4. Duration of Agreement. A. This Agreement shall be in full force and effect for a period commencing on September 24, 2024 and ending September 30, 2025 unless sooner terminated under the provisions of this Agreement. The City reserves the right to offer two (2) one-year extensions prior to expiration of the Agreement to retain the Consultant's services. B. Time is of the essence of this Agreement in each and all of its provisions in which performance is required. If delays beyond the Consultant's reasonable control occur, the Parties will negotiate in good faith to determine whether an extension is appropriate. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. 5. 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. 6. Ownershio and Use of Documents. A. Ownership. Any records, files, documents, drawings, specifications, data, or information, regardless of form or format, and all other materials produced by the Consultant in connection with the services provided to the City, shall be the property of the City whether the project for which they were created is executed or not. B. Records preservation. Consultant understands that this Agreement is with a government agency and thus all records created or used in the course of Consultant's work for the City are considered "public records" and are subject to disclosure by the City under the Public Records Act, Chapter 42.56 RCW ("the Act"). Consultant agrees to safeguard and preserve records in accordance City of Port Orchard and Consor North America, Inc. Public Works Project: Ruby Creek Lift Station Design Updated 412022 IBDR Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F with the Act. The City may be required, upon request, to disclose the Agreement, and the documents and records submitted to the City by Consultant, unless an exemption under the Public Records Act applies. If the City receives a public records request and asks Consultant to search its files for responsive records, Consultant agrees to make a prompt and thorough search through its files for responsive records and to promptly turn over any responsive records to the City's public records officer at no cost to the City. 7. Relationship of the Parties; Independent Consultant. 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 City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Consultant, or any employee 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. 8. Indemnification. 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 attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 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, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. 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. THIS WAIVER HAS BEEN MUTUALLY NEGOTIATED BY THE PARTIES. The provisions of this section shall survive the expiration or termination of this Agreement. City of Port Orchard and Consor North America, Inc. Public Works Project: Ruby Creek Lift Station Design Updated 412022 ISDR Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F 9. Insurance. The Consultant shall procure and maintain for the duration of the 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. A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: limits: 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 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. ii. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent Consultants and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. iii. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. iv. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance i. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. ii. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. iii. 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 Provision. The Consultant's Automobile Liability, Commercial General Liability, and Professional Liability insurance policies are to contain, or be endorsed to contain, that they 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. City of Port Orchard and Consor North America, Inc. Public Works Project: Ruby Creek Lift Station Design Updated 412022 IBDR Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A-VII. 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. F. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. H. No Limitation. Consultant's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 10. Record Keeping and Reporting. A. The Consultant shall maintain accounts and records, including personnel, property, financial, and programmatic records, which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed pursuant to this Agreement. The Consultant shall also maintain such other records as may be deemed necessary by the City to ensure proper accounting of all funds contributed by the City to the performance of this Agreement. B. The foregoing records shall be maintained for a period of seven (7) years after termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist in accordance with Chapter 40.14 RCW and by the City. 11. City's Right of Inspection and Audit. A. 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. City of Port Orchard and Consor North America, Inc. Public Works Project: Ruby Creek Lift Station Design Updated 412022 ISDR Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F B. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by the City during the performance of this Agreement. All work products, data, studies, worksheets, models, reports, and other materials in support of the performance of the service, work products, or outcomes fulfilling the contractual obligations are the products of the City. 12. 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. 13. Termination. 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. C. Rights Upon Termination. i. 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. ii. 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. City of Port Orchard and Consor North America, Inc. Public Works Project: Ruby Creek Lift Station Design Updated 412022 IBDR Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F D. Suspension. 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. If delivered to the Consultant in person, 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. 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 the "Notices" Section herein. F. Nothing in this Subsection shall prevent the City from seeking any legal remedies it may otherwise have for the violation or nonperformance of any provisions of this Agreement. 14. Discrimination Prohibited. 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. Violation of this Section 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. 15. Force Majeure. Notwithstanding anything to the contrary in this Agreement, any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, acts of war, terrorist acts, inability to obtain services, labor, or materials or reasonable substitutes therefor, governmental actions, governmental laws, regulations or restrictions, civil commotions, casualty, actual or threatened public health emergency (including, without limitation, epidemic, pandemic, famine, disease, plague, quarantine, and other significant public health risk), governmental edicts, actions, declarations or quarantines by a governmental entity or health organization, breaches in cybersecurity, and other causes beyond the reasonable control of the Party obligated to perform, regardless of whether such other causes are (i) foreseeable or unforeseeable or (ii) related to the specifically enumerated events in this paragraph (collectively, a "Force Majeure"), shall excuse the performance of such Party for a period equal to any such prevention, delay or stoppage. To the extent this Agreement specifies a time period for performance of an obligation of either Party, that time period shall be extended by the period of any delay in such Party's performance caused by a Force Majeure. Provided however, that the current COVID-19 pandemic shall not be considered a Force Majeure unless constraints on a Party's performance that result from the pandemic become substantially more onerous after the effective date of this Agreement. City of Port Orchard and Consor North America, Inc. Public Works Project: Ruby Creek Lift Station Design Updated 412022 IBDR Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F 16. Assignment and Subcontract. The Consultant shall not assign or subcontract any portion of the services contemplated by this Agreement without the prior written consent of the City. Any assignment made without the prior approval of the City is void. 17. Conflict of Interest. The Consultant represents to the City that it has no conflict of interest in performing any of the services set forth in Exhibit "A." In the event that the Consultant is asked to perform services for a project with which it may have a conflict, Consultant will immediately disclose such conflict to the City. 18. Confidentiality. All information regarding the City obtained by the Consultant in performance of this Agreement shall be considered confidential. Breach of confidentiality by the Consultant shall be grounds for immediate termination. 19. Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will so notify the Consultant and shall not be obligated to make payments for services or amounts incurred after the end of the current fiscal period. This Agreement will terminate upon the completion of all remaining services for which funds are allocated. No penalty or expense shall accrue to the City in the event that the terms of the provision are effectuated. 20. Entire Agreement. This Agreement contains the entire agreement between the parties, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind either of the parties. If there is a conflict between the terms and conditions of this Agreement and the attached exhibits, then the terms and conditions of this Agreement shall prevail over the exhibits. Either party may request changes to the Agreement. Changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 21. 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. City of Port Orchard and Consor North America, Inc. Public Works Project: Ruby Creek Lift Station Design Updated 412022 ISDR Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F 22. 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. 23. Notices. All notices or other communications required or permitted under this Agreement shall be in writing and shall be (a) personally delivered, in which case the notice or communication shall be deemed given on the date of receipt at the office of the addressee; (b) sent by registered or certified mail, postage prepaid, return receipt requested, in which case the notice or communication shall be deemed given three (3) business days after the date of deposit in the United States mail; or (c) sent by overnight delivery using a nationally recognized overnight courier service, in which case the notice or communication shall be deemed given one business day after the date of deposit with such courier. In addition, all notices shall also be emailed, however, email does not substitute for an official notice. Notices shall be sent to the following addresses: Notices to the City of Port Orchard shall be sent to the following address: City Clerk City of Port Orchard 216 Prospect Street Port Orchard, Washington 98366 BwaIlace@cityofportorchard.us Phone:360.876.4407 Fax: 360.895.9029 Notices to the Consultant shall be sent to the following address: Erika Schuyler, PE, PMP - Consor 600 University St., Ste 300, Seattle, WA 98101 Phone No.:206-462-7030 Email: erika.schuyler@consoreng.com 24. Resolution of Disputes; Governing Law. A. Should any dispute, misunderstanding or conflict arise as to the terms 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. City of Port Orchard and Consor North America, Inc. Public Works Project: Ruby Creek Lift Station Design Updated 412022 IBDR Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F 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. 25. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. 26. 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. Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: A. 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. B. 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. C. Solicitations for Subcon tracts, 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. D. 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 City of Port Orchard and Consor North America, Inc. Public Works Project: Ruby Creek Lift Station Design Updated 412022 IBDR Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F 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. E. 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: i. withholding payments to the Consultant under the Agreement until the contractor complies; and/or ii. cancelling, terminating, or suspending the Agreement, in whole or in part. F. 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. 27. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. 28. Severability. Any provision or part of this Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the City and the Consultant, who agree that the Agreement shall be reformed to replace such stricken provision or part with a valid and enforceable provision that comes as close as reasonably possible to expressing the intent of the stricken provision. IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement as of the dates listed below. City of Port Orchard and Consor North America, Inc. Public Works Project: Ruby Creek Lift Station Design Updated 412022 IBDR Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F CONSULTANT � I Va By: Title: Vice President Date: September 18, 2024 City of Port Orchard and Consor North America, Inc. Public Works Project: Ruby Creek Lift Station Design Updated 412022 ISDR CITY OF PORT ORCHARD By:F�gned by: 1btJ'f P4MA Ws , Robert Putaansuu, Mayor 10/11/2024 Date: ATTEST/AUTHENTICATE FDocuSigned by: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM Signed by: r 26629i6.7 Port Orchard City Attorney's Office Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F APPENDIX A 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 limited 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.R. 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 City of Port Orchard and Consor North America, Inc. Public Works Project: Ruby Creek Lift Station Design Updated 4120221BDR Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F 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 Consor North America, Inc. Public Works Project: Ruby Creek Lift Station Design Updated 412022 IBDR Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F EXHIBIT A Scope of Services to be Provided by Consultant. The Consultant shall furnish services including, but not limited to, the following outlined here. Rates for Services to be Provided by Consultant. The Consultant shall furnish the services in accordance with the rates specified below. City of Port Orchard and Consor North America, Inc. Public Works Project: Ruby Creek Lift Station Design Updated 412022 ISDR Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F EXHIBIT A SCOPE OF SERVICES RUBY CREEK LIFT STATION CITY OF PORT ORCHARD Introduction Consor North America Inc. (Consor) has developed this Scope of Services and accompanying fee estimate to provide final design engineering services for the Ruby Creek Lift Station project (Project) for the City of Port Orchard (City). The scope and fee have been developed based on Consor's understanding of the Project through delivery of 30% design and the City's decision to move forward with a duplex lift station, valve and meter vaults, and a control building. The consultant team is led by Consor and includes sub -consultants Industrial Systems (IS) for electrical engineering services, CG Engineering for structural engineering services, Landau Associates for environmental permitting services, Sage Geotechnical for geotechnical services, AES Consultants for surveying services, and ASM Affiliates for cultural resource services. Project Understanding and Assumptions A lift station is to be designed and constructed in conjunction with a Kitsap Transit park -and -ride facility near the intersection of Sidney Road SW and SW Sedgewick Road, just west of State Route 16. In addition to servicing the park -and -ride, the lift station will also serve Basin 7 and the portion of Basin 7a south of Ruby Creek. The lift station and project site are to include: ➢ 10-foot diameter wet well, with duplex solids -handling submersible pump arrangement. ➢ Valve and meter vaults. ➢ Control building housing all electrical equipment. ➢ Standby generator with automatic transfer switch. ➢ Backup diesel pump. ➢ Site lighting to aid maintenance during nighttime hours. ➢ Site fencing with rolling slide gate and personnel gate. ➢ Yard piping connecting the lift station to the future gravity sewer system and force main in Sidney Road. The project includes final design of the lift station. The following are not included in this Scope of Services because Kitsap Transit will oversee the project once design is complete: bid period services, engineering services during construction, and construction management services. Consor • August 2024 • Ruby Creek Lift Station Final Design • City of Port Orchard Scope of Services • 1 Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F Scope of Services To maximize the available information and consequently to minimize costs associated with the Project, all tasks include the following four (4) components: ➢ Objective: Summary of the goals that will be achieved by each task. ➢ Activities: The specific project elements and efforts that will be completed by the Consor project team. ➢ Deliverables: The interim and final products to be delivered to the City. ➢ Assumptions: The assumptions used to develop each task. Task 1 - Project Management Objective Provide overall leadership and team strategic guidance aligned with City staff objectives. Coordinate, monitor, and control the project resources to meet the technical, communication, and contractual obligations required for developing and implementing the project scope. Activities 1.1 Project Management Plan Create a Project Management Plan (PMP). The PMP will include the approved scope and budget, project schedule, contact list, quality management plan, and health and safety plan. Develop the baseline schedule as part of the PMP. 1.2 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, and sub -consultant participation. Monthly status reports to include schedule updates. 1.3 Project Kickoff Meeting Prepare for and lead project kickoff meeting with staff and key team members. Prepare meeting agenda and distribute before the kickoff meeting for City review. Prepare and distribute notes after the meeting. 1.4 Coordination with City Staff Coordinate with City staff through bi-weekly emailed status reports, monthly status meetings, weekly telephone communication, and email during the project. City PM to be copied on email communications with City staff. 1.4 Coordination with Subconsultants Coordinate with subconsultants on specific tasks, scope, and budget. Conduct progress meetings. 1.5 Decision Log Develop, maintain, and monitor a decision log to document major project decisions. Consor • August 2024 • Ruby Creek Lift Station Final Design • City of Port Orchard Scope of Services • 2 Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F 1.6 Quality Management Perform quality management at key milestones and on project deliverables. Task Deliverables ➢ 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 Updated monthly schedule, when applicable. o Issues requiring project team action. ➢ Kickoff meeting agenda and notes. ➢ Decision log. Assumptions ➢ Notice to Proceed date by October 2024. ➢ Project duration is anticipated to be twelve (12) months. ➢ Kickoff meeting will be virtual and will be attended by three (3) members of the Consor team. ➢ City reviews: o Review period for deliverables is ten (10) working days. o City review comments will be compiled into a single document before submitting to Consor. ➢ Monthly one -hour meetings will be held with Consor's Project Manager and Project Engineer, pertinent to the topic project team staff, and the City Project Manager; twelve (12) meetings are assumed. Meetings will occur virtually via telephone or Microsoft Teams. ➢ Assume twelve (12) monthly invoices/status reports. ➢ Decision log will be a Microsoft Excel file with access provided to the consulting team and City staff. Task 2 — Permitting Objective Develop supporting documentation for permit applications required for project construction. Consor • August 2024 • Ruby Creek Lift Station Final Design • City of Port Orchard Scope of Services • 3 Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F Activities 2.1 Permitting Matrix Prepare a permitting matrix of anticipated permits and approvals required for the Project 2.2 SEPA Checklist Prepare and submit SEPA Checklist following 75% design submittal. 2.3 Stormwater Drainage Permit Prepare and submit Stormwater Drainage Permit, including stormwater drainage report and stormwater pollution prevention plan (SWPPP). 2.4 Major Land Disturbing Activity Permit (LDAP) Prepare and submit LDAP. 2.5 Right of Way (ROW) Permit Prepare and submit ROW Permit. Task Deliverables ➢ Permit Matrix ➢ Draft and final SEPA Checklist ➢ Draft and final Stormwater Drainage permit, including stormwater drainage report and SWPPP ➢ Draft and final LDAP ➢ Draft and final ROW permit Assumptions ➢ Permits will be submitted to the City for review and routing. ➢ Wetlands, streams, and their buffers are not anticipated to conflict with the Ruby Creek Lift Station 30% design configuration. ➢ The SEPA Checklist will receive a Determination of Non -Significance. ➢ Additional permitting activities are associated with subconsultant services in Task 4, including building permit and electrical service application. ➢ Electrical permit will be obtained by the contractor during construction. Consor • August 2024 • Ruby Creek Lift Station Final Design • City of Port Orchard Scope of Services • 4 Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F Task 3 — Final Design Objective Develop the Ruby Creek Lift Station preliminary design to 75%, 100%, and bid document levels of completion. Anticipated drawings for the final design plan set are provided as Exhibit C. Activities 3.1 Pump Comparison Memorandum Amendment Revisit and revise the Pump Comparison Memorandum prepared by Consor during the preliminary design portion of the project to reflect current City Staff preferences. 3.2 75% Design Develop the Ruby Creek Lift Station preliminary design from 30% level to approximately 75% completion. Provide approximately 26 of 54 construction drawings in the 75% Design Submittal for the General, Erosion Control, Civil, Structural, Mechanical, Process and Instrumentation Diagrams (P&IDs), and Electrical and Instrumentation and Controls (E&IC) design disciplines. The 75% Design Submittal to include construction drawings, specifications, 75% Engineer's Opinion of Probable Construction Cost (OPCC) (AACE International Class 2 with an expected accuracy range of -5% to +20%), and updated project schedule. 3.3 100% Design Develop the Ruby Creek Lift Station 75% design to 100% completion. Provide 54 of 54 construction drawings in the 100% Design Submittal for the General, Erosion Control, Civil, Structural, Mechanical, P&IDs, E&IC design disciplines. The 100% Design Submittal to include construction drawings, specifications, 100% Engineer's OPCC (AACE International Class 1 with an expected accuracy range of -3% to +15%), and updated project schedule. 3.4 Final Contract Documents Develop the Ruby Creek Lift Station 100% design to final Contract Documents to be used for bidding. The Contract Documents to include construction drawings, specifications, and final Engineer's OPCC. Deliverables ➢ Meeting agendas, notes, and supporting materials, draft and final in PDF format. ➢ Updated version of the Pump Comparison memorandum (delivered during 30% design) detailing pump options for the Ruby Creek Lift Station, draft and final in PDF format. ➢ The 75% submittal includes design plans, technical specifications for major equipment, OPCC and construction schedule in PDF format. ➢ The 100% submittals include design plans, contract documents, OPCC and construction schedule in PDF format. ➢ Final Contract Documents include design plans, contract documents, and OPCC in PDF format. Assumptions ➢ City Involvement: Consor • August 2024 • Ruby Creek Lift Station Final Design • City of Port Orchard Scope of Services • 5 Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F o Review design deliverables, workshop agendas and meeting notes. o City will provide a single set of consolidated review comments on deliverables within two (2) weeks of submittal. o Coordinate site access for field reconnaissance with Consor and subconsultants. ➢ Provide Washington Professional Engineer's Stamp with signature and date on final bid ready edition of the contract documents. ➢ Consor will conduct up to two (2) design development meetings with the City staff over the course of the Final Design task. These meetings will be held to discuss key concepts and review the 75% and 100% deliverables. These meetings will be held virtually. These meetings are assumed to be one (1) hour each and will review the consolidated City review comments. ➢ City distributes all design review packages and bid documents for the project. ➢ The current CSI MasterFormat specifications to be used. ➢ Architectural services for the building are not included in the project. Task 4 — Subconsultants Objective Provide for the specialty services provided by Consor subconsultants for the project. Activities 4.1 Electrical, Instrumentation, and Controls Engineering Services See attached Exhibit D for electrical, instrumentation, and controls engineering services provided by Industrial Systems. 4.2 Structural Engineering Services See attached Exhibit E for structural engineering services provided by CG Engineering. 4.3 Environmental Permitting Services See attached Exhibit F for environmental permitting services provided by Landau Associates. 4.4 Geotechnical Engineering Services See attached Exhibit G for geotechnical engineering services provided by Sage Geotechnical. 4.5 Surveying Services See attached Exhibit H for surveying services provided by AES Consultants. 4.6 Cultural Resource Services See attached Exhibit I for cultural resource services provided by ASM Affiliates. Consor • August 2024 • Ruby Creek Lift Station Final Design • City of Port Orchard Scope of Services • 6 Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F Deliverables ➢ See attached subconsultant Scopes of Services. Assumptions ➢ See attached subconsultant Scopes of Services. Task 5 — Unanticipated Services Objective Unanticipated services authorized under this task are at the City's discretion. Consor will provide scope and fee estimate for additional services requested by the City and will commence work only when written authorization is provided by the City. Project Schedule Consor will begin work on the project upon receiving Notice to Proceed. A preliminary project schedule is shown in the following table. Bid Period and Construction Period services are outside of Consor's scope; timelines for Bid Period and Construction Periods given are estimates and contingent upon Kitsap Transit project schedules. Notice to Proceed October 2024 Supplemental Survey, Supplemental Geotechnical Investigation, and October— November 2024 Supplemental Cultural Resources Study 75% Design November 2024 — February 2025 Permitting February 2025 — October 2025 Final Design February 2025 — November 2025 Bid Period November 2025 Contractor Award December 2025 Construction January 2026 — December 2026 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. Billing rates are as shown in the following table. Subconsultants 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. The detailed Fee Estimate is included as Exhibit B. Consor • August 2024 • Ruby Creek Lift Station Final Design • City of Port Orchard Scope of Services • 7 Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F Z024 SCHEDULE OF CHARGES Personnel: Labor will be invoiced by staff tlassificatlon at the following hourly rakes, which are valid from January 1, 2424 through December 31, 2024. After this period, the rates are subject to adjustment. Billing Classifications 2024 Rates Billing Classifications 2024 Rates Principal Engineer VI $3SS Construction Mar q& X $314 Principal Engineer V $134 Construction Manager IX $292 Principal Engineer IV $316 Construction Manager VI II $276 Principal Engineer III $298 Construction Manager VI 1 $266 Principal Engineer II $281 Construction Manager Vf $247 Prindpai Engineer I $267 Construction Manager V $228 Professional Engineer 1X $257 Construction Manager IV $216 Engineering Designer 1X $249 Construction Manager III $197 ProUBssagnal Engineer Vill $244 Construction Manager II $182 Engineering Designer Vill $237 Construction Mawger 1 $154 Professional Engineer Vil $233 Qua I ity Control Compliance Specialist $190 Engineering Designer VII S225 Inspector VII $228 Professionai Engineer VI $222 lnspector VI $210 Engineering Designer VI $211 inspector V $190 Professional Engineer V $21D Inspector IV $176 Engineering Designer V $203 Inspector ill $156 Professional Engineer IV $198 Inspector 11 $142 Engineering Designer IV $194 Inspector 1 $122 Professional Engineer III 5191 Technician IV $191 Engineering Designer III $191 Technician III $174 Engineering Designer II $1a0 Technician II $151 Engineering Designer I $169 Technician I $133 Principal III $361 Project Coordinator IV $185 Principal It $323 Project Coordinator IIf $158 Principal I $287 Protect Coordinator 11 $151 Project Manager IV $271 Project Coordinator 1 $139 Project Manager III $254 Administrative III $139 Project Manager II $226 Administrative II $122 Project Manager I $19$ Administrative 1 $114 Cost E$tiMatar I II $301 Cost Estimator II $244 Cost Estimator I $185 Project Expenses: Expenses incurred that are directly attributable to the project will he invoiced at actual cast. These expenses include the following: CADD Hardware/Software $18,UO/hour Mode ing and 015 ttardwarej5oftware 51UI)Ihour Mileage Current IRS Rate Postage and Delivery Services At Cost Printing and Repfoduction At Cost Travel, Lodging, and Subsistence At Cost Outside Services: outside technical, professional, and other services will be Invoiced at actual cost-plus 10 percent to Cover administration and overhead. Consor • August 2024 • Ruby Creek Lift Station Final Design • City of Port Orchard Scope of Services • 8 Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F I Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F EXHIBIT C - PRELIMINARY DRAWING LIST 75% Design 100% Design Bid Documents 26 54 54 SHEET NO. SHEET GENERAL 1 G-001 COVER SHEET X X X 2 G-002 SHEET INDEX AND AREA DESIGNATIONS X X 3 G-003 SYMBOLS AND LEGEND X X 4 G-004 ABBREVIATIONS X X 5 G-005 GENERAL NOTES AND DESIGN CRITERIA X X X 6 G-006 EXISTING SITE PLAN X X X EROSION CONTROL 7 E-001 TESC NOTES AND PLAN X X X 8 E-002 TESC DETAILS X X CIVIL 9 C-001 CIVIL NOTES X X X 10 C-002 SITE AND YARD PIPING PLAN - 1 X X X 11 C-003 SITE AND YARD PIPING PLAN - 2 X X 12 C-004 INFLUENT SEWER PLAN AND PROFILE-1 X X X 13 C-005 INFLUENT SEWER PLAN AND PROFILE-2 X X 14 C-006 FORCE MAIN PLAN AND PROFILE -1 X X X 15 C-007 FORCE MAIN PLAN AND PROFILE - 2 X X 16 C-008 CIVIL DETAILS-1 X X 17 C-009 CIVIL DETAILS-2 X X 18 C-010 CIVIL DETAILS-3 X X STRUCTURAL 19 S-001 ABBREVIATIONS, GENERAL NOTES & SYMBOLS X X X 20 S-002 STRUCTURAL NOTES X X 21 S-003 STRUCTURAL PLAN - 1 X X X 22 S-004 STRUCTURAL PLAN - 2 X X X 23 S-005 STRUCTURAL SECTIONS-1 X X 24 S-006 STRUCTURAL SECTIONS-2 X X 25 S-007 STRUCTURAL DETAILS-1 X X 26 S-008 STRUCTURAL DETAILS-2 X X PROCESS 27 D-001 ABBREVIATIONS, GENERAL NOTES & SYMBOLS X X X 28 D-002 MECHANICAL EQUIPMENT SCHEDULES X X 29 D-003 MECHANICAL PLAN - 1 X X X 30 D-004 MECHANICAL PLAN - 2 X X X 31 D-005 MECHANICAL SECTIONS X X X 32 D-006 MECHANICAL DETAILS-1 X X 33 D-007 MECHANICAL DETAILS-2 X X 34 D-007 MECHANICAL DETAILS-2 X X ELECTRICAL 35 E-001 ELECTRICAL SYMBOLS AND ABBREVIATIONS X X X 36 E-002 EI&C NOTES X X X 37 E-003 ONE -LINE DIAGRAM X X X 38 E-004 ELECTRICAL PLAN X X X 39 E-005 CABLE SCHEDULE X X 40 E-006 LIFT STATION ELEVATION X X 41 E-007 DISCONNECT PANEL X X 42 E-008 ELECTRICAL DETAILS-1 X X X 43 E-009 ELECTRICAL DETAILS-2 X X X 44 E-010 MCC DIAGRAM X X X INSTRUMENTATION 45 I-001 SYMBOLS AND ABBREVIATIONS X X X 46 I-002 P&ID X X X 47 I-003 CONTROL PANEL LAYOUT-1 X X X 48 I-004 CONTROL PANEL LAYOUT-2 X X X 49 I-005 CONTROL PANEL WIRING AND NETWORK DIAGRAM X X 50 I-006 DISCRETE INPUT 1 WIRING DIAGRAM X X 51 I-007 DISCRETE INPUT WIRING DIAGRAM X X 52 I-008 DISCRETE OUTPUT WIRING DIAGRAM X X 53 I-009 ANALOG INPUT WIRING DIAGRAM X X 54 I-010 ANALOG OUTPUT WIRING DIAGRAM X X Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F cXHIBIT D Erika Schuyler August 27, 2024 Consor 600 University Street, Suite #300 Seattle, WA 98101 Subject: Port Orchard Ruby Creek Lift Station Final Design — Rev 1.0 Dear Erika, Industrial Systems, Inc. is pleased to provide you with the following proposal for Electrical and Control System Design Services. As always, we look forward to working with you on this project. Summary: Consor and Industrial Systems have recently completed a preliminary design for the Ruby Creek Lift Station for the City of Port Orchard, WA. The plan is to now move to 75% design, followed by 100% design and bid documents. This scope of work seeks to define the electrical and control system design required for a final design. This includes drawing and specification preparation. It also includes utility coordination and an opinion of cost to construct. The preliminary design will be used as a basis for completing this design. Scope of Work: 1. Coordination with Puget Sound Energy for a new electrical service. 2. Provide electrical and controls system design to support the new lift station. This effort will produce a 100% signed design for the electrical and control system. This design includes a new electrical service, site electrical, building electrical and site/building lighting, instrumentation, and control system design. Deliverables: 1. Electrical and Control Drawings at 75% and Final 2. Division 26 and 40 Specifications, at 75% and Final 3. Opinion of cost to construct 75% and Final 12119 NE 99th St. Suite 2090 Vancouver, WA 98682 Voice: (360) 718-7267 Fax: (360) 952-8958 OR CCB# 196597 • WA #INDUSS1880K9 AK #1018436 Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F August 27, 2024 P24.74: Port Orchard Ruby Creek Lift Station Final Design — Rev 1.0 Page 2 of 4 Assumptions: 1. The design approach will be based on the preliminary design. 2. A mutually agreeable schedule will be negotiated for completion of this work. 3. Drawings and specifications will be submitted at 75% and 100% in PDF format. 4. Specifications to be provided in 50 division CSI format. 5. All required backgrounds will be provided in DWG format. 6. Any fading, shading or lightening of information on drawings to serve as backgrounds will be completed by the client prior to providing such drawings for our use. 7. Modifications required to DWG files make them suitable for use as backgrounds for our work will be completed on a T&M basis in addition to the fee estimated herein. Exclusions: 1. Services during bidding 2. Services during construction 3. Deliverables not defined herein 4. Multiple iterations of the E, I&C system design 5. Services not specifically listed herein 6. Site visits other than listed above Fee Proposal: Industrial Systems, Inc. proposes to provide the services and materials listed above on a T&M basis. The fees shall be as listed in the summary below and include an estimate for Travel & Expenses. EstimatedCost............................................................................................................ $32,372.00 Terms shall be as stated in the November 22, 2022, Master Services Subconsultant Agreement No. W22064068 between Consor and Industrial Systems, Inc. For the purpose of time and material work and any hourly work agreed to beyond this scope, the enclosed billing rates shall be considered as our standard rates. Our standard rates shall be subject to annual revision. Multi -year projects are subject to annual rate increases and contract amount escalations of up to 5% per year. Please feel free to call with any questions that you might have. Again, we look Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F August 27, 2024 P24.74: Port Orchard Ruby Creek Lift Station Final Design — Rev 1.0 Page 3 of 4 forward to working with you on this project. ?le ZUa&& 8/27/2024 Mike Wallis Date Consor Date Enclosures: Rate Schedule Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F 12119 NE 991h Street Suite #2090 Vancouver, WA 98682 Phone: (360) 718-7267 Fax: (360) 952-8958 Email: is(r is-inc.com 2024 RATE SCHEDULE PRINCIPAL........................................................................$220 /HR PROJECT MANAGER.........................................................$199 /HR SENIOR DESIGN/PROGRAMMING STAFF.............................$176 /HR DESIGN / PROGRAMMING STAFF........................................$163 /HR JUNIOR DESIGN/PROGRAMMING STAFF..............................$134 /HR TECHNICIAN....................................................................$117 /HR DRAFTING..........................................................................$88 /HR CLERICAL...........................................................................$70 /HR MILEAGE AND OTHER EXPENSES............................................COST PLUS 20% (The 2024 IRS allowable mileage rate is assumed to be $0.67/mile) Expires: 12/31/24 - Subject to revision after this date RATE SHEET Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F C � ENGINEERING August 27, 2024 EXHIBIT E civil & structural engineering & planning Consor Erika Schuyler, PE, PMP, Vice President, Water 600 University Street, Suite 300 Seattle, WA 98101 206.462.7030 erika.schuyler@consoreng.com Project City of Port Orchard Ruby Creek Lift Station Port Orchard, WA 98367 Scope of Work CG Engineering previously provided preliminary structural engineering design for the Ruby Creek Lift Station. This current scope of work includes the final design, as well as building permit procurement. The proposed structures include a 11'-4" x 17'-4" control building, a generator support slab, and a diesel pump support slab. The above -grade control building will consist of CMU perimeter walls, a wood rafter roof, and a concrete foundation. The support slabs will consist of reinforced concrete slabs on grade. As part of final design, CG Engineering will provide structural drawings consisting of structural notes, schedules, plans, sections, and details of the structural conditions. In addition, structural specifications and cost estimates will be provided for the 75%, 100%, and bid set submittals. We have included time in the scope of work for up to (2) virtual team meetings. CG Engineering will prepare, coordinate, and manage the building permit application process for the on - site structures. We assume that non-structural elements, such as energy code and ventilation calculations, will be supplied by other members of the design team as part of a coordinated submittal. We will respond to the building department comments as required to obtain a building permit. We assume that permit fees will be paid by the client or owner. Structural Design Fee = $14,790.00 (NTE) Assumptions • Construction support services are not included in this scope of work. • Bid support services are not included in this scope of work. • AutoCad compatible floor and site plans will be provided for our use. Shoring, if required, will be the contractor's responsibility as part of bidder design. Shoring design and drawings are not part of this scope of work. The design of site walls, detention vaults, or other site structures are not included in this scope of work unless specifically noted. 250 4th Avenue South, Suite 200 Edmonds, WA 98020 ph.425.778.8500 1 f.425.778.5536 www.cgengineering.com Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F City of Port Orchard Ruby Creek LS August 28, 2024 CG Engineering Page 2 of 2 2024 Schedule of Charges Personnel Charges Hourly Rate Managing Principal $250.00 Principal $235.00 Associate Principal $220.00 Project Manager $205.00 Structural Engineer III $175.00 Structural Engineer II $155.00 Structural Engineer 1 $115.00 Civil Engineer III $175.00 Civil Engineer II $145.00 Civil Engineer 1 $115.00 Planner III $175.00 Planner II $145.00 Planner 1 $115.00 CAD Drafter III $135.00 CAD Drafter II $115.00 CAD Drafter 1 $95.00 Clerical $90.00 These rates are subject to change on a yearly basis. 250 4th Avenue South, Suite 200 Edmonds, WA 98020 ENGINEERING ph.425.778.8500 1 f.425.778.5536 www.cgengineering.com Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F ¢ d Q. d\ o dn v, o CD a w CD ° w CD CD m '� c CD CD `n�°CD Y Y v � � via � � `C '� � "• m � � "• � o CD fD 2 CD cu t7 n CD C7 w Ua voo x Y N 0 x It It 0 0 0 0 A R R R b c„ oo N N -P�, � f YQ r 0 z c r 00 N 00 ? N N O\ O� n d x c lv O O O N N ri A'+ y O Pam^ vA N oo A A N N ,= N w vi w x O C H � ~" y o V � y O &9 A b9 69 N 69 " 65 69 iA N b9 b9 b9 69 69 69 69 69 Ef3 0 O VI �c O U VI cA VI �c cn A O N O w O oo O O O A O O cn O A cn C!i A O cn cn O cn �j O O O O O O O O O O O O C O O O O O O O O O O O O O OO O Ed O O Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F EXHIBIT F LALANDAU A S S O C I A T E S August 27, 2024 Transmitted via email to: erika.schuyler@consoreng.com Consor 600 University Street, Suite 300 Seattle, Washington 98101 Attn: Erika Schuyler, PE Re: Proposed Scope of Services and Cost Estimate Environmental Permitting Support Ruby Creek Lift Station City of Port Orchard, Washington Dear Erika: Landau Associates, Inc. (Landau) is pleased to provide Consor with this proposal for environmental permitting support for the above -referenced project. This proposal has been developed based on discussions with and information provided by Consor, as well as Landau's experience with similar projects. BACKGROUND INFORMATION Landau understands that the City of Port Orchard (City) is proposing a new sewer lift station adjacent to Sidney Road south of Ruby Creek. The lift station is needed to provide for a new Kitsap Transit Park and Ride facility and other developments in the area. The station is envisioned to include a wet well with two submersible pumps, a backup diesel powered pump, a generator, instrumentation and controls housed in a block building with metal roof, and sewer piping, including a section of 10-inch force main in Sidney Road. A wetland and stream report has been completed for the site by Confluence Environmental Company in support of other proposed site improvements by Kitsap Transit. PROPOSED SCOPE OF SERVICES The following tasks define Landau's proposed scope of services regarding environmental permitting support for the proposed project. Task 1. Wetland/Waterway Critical Areas Report Landau will prepare a wetland/waterway critical areas report detailing proposed impacts and required mitigation. Landau will conduct a site reconnaissance to document existing site conditions and SEATTLE 155 NE 100th Street, Ste 302, Seattle, WA 98125 T 206.631.8680 landauinc.com Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F Proposal: Consor/ City of Pt Orchard Ruby Creek Lift Station August 27, 2024 calculate impacts to wetland/waterway buffers based on the 60 percent project plans. Impacts will be calculated in AutoCAD and summarized in the critical areas report described below. Landau will determine adequate impact avoidance measures and will develop a conceptual compensatory mitigation plan for unavoidable impacts to wetland/waterway buffers. A conceptual mitigation plan will be developed by Landau to compensate for impacts to wetland/waterway buffers in accordance with the City of Port Orchard Critical Areas Ordinance. The conceptual mitigation will be limited to a restoration planting plan, as necessary. Landau will prepare a draft critical areas report in accordance with the standards of the City and other applicable regulatory agencies. The report will include information from the wetland and waterway delineation completed by Confluence Environmental Company and incorporate any necessary mitigation. This will include the following: • The size and rating of each wetland and waterway • A scaled site map showing the locations of wetland/waterway boundaries and buffers, locations of wetland data plots, and site topography • A description of potential impacts to wetland/waterway buffers • A conceptual mitigation planting plan (equivalent to 60 percent design level), including mitigation goals, objectives, and performance standards, a timeline for mitigation monitoring and reporting, and contingency plans, as necessary. The draft critical areas report will be provided for review and comment by Consor and the City. Comments will be reviewed and incorporated into a final critical areas report. Assumptions • Wetland and waterway survey files will be provided to Landau; no additional delineation efforts are included in this scope of work. • Project impacts are limited to temporary wetland/waterway buffer impacts; direct impacts to wetlands and waterways will be avoided. • Consor will coordinate with the City to review and provide input regarding the potential impact avoidance and minimization measures identified by Landau. • Technical specifications will not be required as part of the critical areas report and/or conceptual design. • Mitigation can be accommodated onsite, within the project limits. • Sixty percent design plans, provided by Consor, will contain sufficient detail for Landau to calculate impacts to wetland/waterway buffers and to develop conceptual mitigation plans. Deliverables Landau will provide electronic copies of the draft and final wetland/waterway critical areas report. landauinc.com Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F Proposal: Consor/ City of Pt Orchard Ruby Creek Lift Station August 27, 2024 Task 2. SEPA Checklist Support Landau will assist Consorduring preparation of the SEPA Checklist for the project. Our budget for this task assumes a relatively limited level of effort to support Consor during preparation of the SEPA Checklist and to review/comment on the project's effects on elements of the environment. Assumptions • The SEPA checklist will be provided to Landau in Microsoft Word format Deliverables • Landau will return the SEPA checklist with comments and edits saved in track changes Task 3. Agency Coordination Landau will request a pre -application meeting with representatives from the City. During the meeting, Landau will describe the proposed project, potential impacts, and mitigation measures, and work with the City to determine project -specific application/permitting requirements. This task includes attendance by two Landau scientists at one 1-hour meeting. Following the pre -application meeting, Landau will prepare a meeting summary and provide it to attendees. When the agency returns comments on the project application, Landau will help Consor and the City prepare responses as requested. Assumptions • Representatives from Consor will be available to attend the pre -application meeting and address technical/engineering elements of the project. • Meetings will be held virtually or via teleconference. Onsite meetings are not included in this task. • Onsite meetings are not included in this task; agency coordination will be limited to email/teleconference. • Agency coordination is limited to 8 hours of Senior Associate time. Deliverables • An electronic (PDF, Microsoft Word, or email) copy of draft and final meeting summary. • Landau will provide agency coordination via email and teleconference. COST ESTIMATE Landau estimates the cost for the proposed scope of services described herein will be $21,200, in general accordance with the following breakdown: 3 landauinc.com Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F Proposal: Consor/ City of Pt Orchard Ruby Creek Lift Station August 27, 2024 Task Estimate Task 1. Wetland/Waterway Critical Areas Report $15,800 Task 2. SEPA Checklist Support $1,800 Task 3. Agency Coordination $3,600 Total Estimated Fee I $21,200 Landau proposes to provide the above -described services on a time -and -expenses basis according to the budget set forth above and the attached compensation schedule. It is possible that the level of effort actually required to complete a specific scope item will differ from that currently assumed and Landau may need to reallocate authorized budget among the various tasks or request additional budget to meet the needs of the project. In the event that project requirements change, or unexpected conditions are disclosed that appear to require further field effort, study, or analysis, Landau will bring these to your attention and seek your written approval for an addendum to the scope of services and costs prior to performing additional services. AUTHORIZATION To authorize Landau's services, please prepare a subconsultant services agreement consistent with previous agreements between Consor and Landau. CLOSING We appreciate the opportunity to work with Consor and the City of Port Orchard on this project. If you have questions, please contact the undersigned. LANDAU ASSOCIATES, INC. Steven J. Quarterman Senior Associate Ecologist SJQ/BMB/tmh [\\EDMDATA02\PROPOSALS\C_PORT ORCHARD\2024-07 RUBY CREEK FINAL DESIGN\PRO\LANDAU C_PTORCHARD RUBYCK PROPOSAL.DOCX] Attachment: Compensation Schedule 4 landauinc.com Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F LALANDAU A S S O C I A T E S COMPENSATION SCHEDULE-2024 Personnel Labor Hourly Rate Senior Principal 365 Principal 335 Senior Associate 300 Associate 275 Senior 250 Senior Project 230 Project 210 GIS Analyst / CAD Designer 210 Senior Staff 190 Staff / Senior Technician II 175 Data Specialist 175 CAD / GIS Technician 160 Project Coordinator 145 Assistant /Senior Technician 1 130 Technician 115 Support Staff 100 Expert professional testimony or the preparation thereof for court, deposition, declaration, mediation, arbitration, or public testimony is charged at 1.5 times the hourly rate. Rates apply to all labor, including overtime. Equipment Field, laboratory, and office equipment used in the direct performance of authorized work is charged at unit rates. A rate schedule will be provided on request. Subcontractor Services and Other Expenses Subcontractor billing and other project expenses incurred in the direct performance of authorized routine services will normally be charged at a rate of cost plus a twelve percent (12%) handling charge. A higher handling charge for technical subconsultants and for high -risk field operations may be negotiated on an individual project basis; similarly, a lower handling charge may be negotiated on projects requiring disproportionally high subconsultant involvement. Invoices Invoices for Landau Associates' services will be issued monthly. Interest of 1%2 percent per month (but not exceeding the maximum rate allowable by law) will be payable on any amounts not paid within 30 days. Term Unless otherwise agreed, Landau Associates reserves the right to make reasonable adjustments to our compensation rates over time (e.g., long-term continuing projects). T: Templates\Contracts\2024 Compensation Sc hedule I andau i nc.com Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F EXHIBIT G k9AG.n GLOTECHNICAL August 27, 2024 Transmitted via email to: erika.schuyler(&consoreni!.com Consor North America, Inc. 600 University Street, Suite 300 Seattle, WA 98101 Attn: Mrs. Erika Schuyler, PE, PMP, Vice President Re: Proposal for Geotechnical Engineering Services Ruby Creek Lift Station Port Orchard, Washington Dear Mrs. Schuyler: Sage Geotechnical, LLC (Sage) is pleased to submit this proposal for geotechnical engineering services in support of the Ruby Creek Lift Station project in Port Orchard, Washington (site). This proposal was prepared with information provided by Consor North America, Inc. (Consor, project civil engineer). PROJECT UNDERSTANDING The City of Port Orchard (City, project owner) proposes to construct a lift station directly across the street from 5142 Sidney Road Southwest. The lift station will consist of an approximately 25- foot-deep wet well, a control building, and valve and meter vaults. An approximately 140-ft-long segment of gravity sewer line and a 150-ft-long force main will connect the proposed lift station to a sewer line within Sidney Road Southwest. Other proposed site improvements include an access road and parking area. Sage understands that the site is likely underlain by impermeable alluvium; stormwater runoff will most likely be detained and routed to an appropriate system. PROPOSED SCOPE OF SERVICES Sage's proposed scope of services includes the following tasks. Task 1. Project Management and Administration Task 1 includes general project management services, such as project startup, progress reporting, coordination with the City and/or Consor, and meeting attendance. Assumptions • Sage has budgeted 4 hours for meeting attendance. Sage assumes that meetings can be attended via teleconference. Olympia, WA Sage Geotechnical.com Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F Ruby Creek Lift Station August 27, 2024 Task 2. Field Investigation and Laboratory Testing Task 2 includes completion of geotechnical field explorations and laboratory testing. Sage will: • Review readily available geologic and geotechnical data for the site and the surrounding area. • Contact the Washington Utilities Coordinating Council's "One Call" locating service to identify underground utilities at the proposed exploration locations. Sage will also subcontract a private utility -locating service to identify conductible utilities located outside of public easements. • Explore subsurface soil and groundwater conditions at the site by advancing two borings. One of the borings will be advanced near the proposed wet well to 50 ft below ground surface (bgs). The second boring will be advanced near the proposed gravity sewer line and will extend 25 ft bgs. Sage will monitor the explorations, collect representative soil samples, and maintain detailed logs of the subsurface conditions observed. Sage will subcontract the drill rig and operator. • Install a groundwater monitoring well as deep as 30 ft bgs in the boring near the proposed wet well. Sage will install a pressure transducer to monitor groundwater levels for up to 6 months, downloading groundwater data and collecting manual measurements monthly. • Perform geotechnical laboratory testing on select soil samples obtained from the explorations. Sage has budgeted for 14 combined grain size analyses and hydrometer tests and 14 moisture content determinations. Assumptions • Consor or the City will provide Sage with access to the site. • City right-of-way permits will be waived or provided at no cost to Sage. • The field exploration program can be completed during standard business hours (i.e., no weekend and/or nighttime drilling will be required). • The site is free from hazardous soil, groundwater, and other materials. • Decommissioning of the monitoring well is excluded from this scope of services. If needed, decommissioning by a licensed driller should be included as a bid item in the project plans and specifications. Task 3. Geotechnical Analysis and Reporting Task 3 includes geotechnical analysis and preparation of a technical memorandum and geotechnical data report. Sage will: • Discuss near -surface soil and groundwater conditions at the site. • Provide grain size data that the contractor can use to design a dewatering system. • Provide recommendations for earthwork and grading, including criteria for temporary excavations, subgrade preparation, reuse of site materials as structural fill, and structural fill placement and compaction. • Recommend lateral earth pressures that can be used to design new underground structures. Sage Geotechnical.com Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F Ruby Creek Lift Station August 27, 2024 • Discuss uplift concerns for buried structures installed below the groundwater table and provide recommendations for resisting uplift. • Provide recommendations for shallow foundation support, including allowable soil bearing pressure and settlement estimates. • Provide a seismic site class that can be used to complete seismic design. • Discuss potential seismic risks at the site, including soil liquefaction, lateral spreading, and surface fault rupture. • Provide recommendations for standard- and heavy-duty, impervious asphalt pavement sections. • Assess if geologically hazardous areas are present at the site and address related Kitsap County Municipal Code requirements. A draft memorandum will be submitted for the design team's review and comment. Comments will be addressed, and following the completion of groundwater monitoring, Sage will issue a final memorandum, signed and sealed by the project engineer. A geotechnical data report for inclusion in construction bid documents will be submitted alongside the final memorandum. Assumptions • Design of ground improvement or deep foundation support to mitigate potential seismic risks at the site are excluded. • Highly compressible soils (e.g., peat) are not present at the site. COST ESTIMATE Services will be provided on a time -and -materials basis for a not -to -exceed budget of $35,016, as detailed in the attached budget breakdown. Sage will not exceed its budget without Consor's written approval. SCHEDULE Drilling can be completed within 6 weeks of receiving written notice to proceed. The proposed drilling schedule will depend on subcontractor availability. The draft technical memorandum will be issued 4 weeks after drilling has been completed. Sage will submit the final memorandum and geotechnical data report within 1 week of receiving final comments on the draft. AUTHORIZATION To authorize Sage's services, please prepare a subconsultant agreement for review and approval. Sage Geotechnical.com Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F Ruby Creek Lift Station August 27, 2024 CLOSING We appreciate the opportunity to submit this proposal and anticipate its favorable review. If you have questions or comments, please contact Calvin McCaughan at 253.306.2362 or at calvinm@sagegeotechnical.com. SAGE GEOTECHNICAL, LLC C�� Calvin McCaughan, PE Principal Engineer Annabel Irwin, PE Senior Engineer AMUCAM [HTTPS://SAGEGEOTECHNICAL.SHAREPOINT.COWSITES/SAGEGEOTECHNICAL/SHARED DOCUMENTS/PROPOSALS/CITY OF PORT ORCHARD/2024-07_RUBY CREEK LIFT STATION/RUBY CREEK LIFT STATION PROPOSAL FOR GEOTECHNICAL SERVICES 8.27.24.DOCX] Attachment: Budget Breakdown Sage Geotechnical.com Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F c �� Srt vrt — - C O v Da O v O a s �oO- . a1 ^ as m rD M = Ln jO Q O X C N - O 'OO rp�. L1 O v v o r+ fD :3G fr rt 2 Q �* W (D O- O rD v m to fD N O VI rD � N O O 3 0O v C (D N F' �' O r+ tD cro � a� D Q 3 D v rr O t1T � N 3• � n S A 00 N A N (D 7 O� m 00 O O ao lD 00 W N I� lD N O 00 Ql 00 � C p m n O rj n v 0 O � fD O O Q- fu O O O rF � O O) to N 001 1 1 A r v O' O W � O Ol Ul PO V l0 00 Un W N fl7 L0 4�:- Lm l0 -P�- Ln O m W O W l.0 Q1 �I O O l0 1,010,1 O O O 0 1 O Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F EXHIBIT H A E S �� CONSULTANTS, INC. August 23, 2024 Erik Schuyler Consor 888 SW 5ch Ave, Suite 1170 Portland, OR 97204 PROFESSIONAL LAND SURVEYORS P.O. BOX 930 • 3472 N.W. LOWELL "OLD TOWNE" SILVERDALE, WASHINGTON 98383 360-692.6400 • FAX 360-692.8927 RE: City of Port Orchard Ruby Creek Lift Station Final Design Erika We are pleased to submit the following scope of work and cost proposal for the above referenced project. We appreciate the opportunity to work with your firm again and look forward to being a member of the design team. Please feel free to give me a call if you have any questions. Sincerely, Gary Chapman, PLS President Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F A E S �� CONSULTANTS, INC. Prepare Topographic Survey Understanding PROFESSIONAL LAND SURVEYORS P.O. BOX 930 • 3472 N.W. LOWELL "OLD TOWNE" SILVERDALE, WASHINGTON 98383 360-692.6400 • FAX 360-692.8927 There is an existing topographic survey of the site location prepare by LDC from 2022 which has been utilized as the basis for the 30% design. Our task will be to supplement this initial survey to pick up additional topography details within the proposed lift station site. Datums The horizontal Datum proposed is NAD83/91, Washington State Plane, North Zone. Vertical Datum will be North American Vertical Datum 1988, NAVD88. To provide a seamless transition of topography data we will utilized the survey control shown on the LDC survey. We will verify the project datum proposed and adjust to the existing survey control to reduce/eliminate data errors. Topography limits The topography will be limited to the immediate area proposed as the Lift Station site and will extend at least 25 feet beyond the proposed site locations. Along the frontage road of Sidney Road the topography will extend at least 50 feet North and South of the proposed lift station site to incorporate potential piping connections. Topography data Prepare a topographic survey of the site and road right of ways fronting the site. The topography will include F contour elevations, existing improvements such as buildings, paving, walls, fences, trees 8" dbh, surface utilities and underground utility paint markings. Assumptions The survey will be based upon the previous LDC survey utilizing the site control points identified on this survey to ensure the project survey transitions completely. Underground utilities will be located by private utility locating contractor utilizing radio frequency devices for conductible utilities. Those utilities not locatable by this method will not be located. Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F A E S �� CONSULTANTS, INC. PROFESSIONAL LAND SURVEYORS P.O. BOX 930 • 3472 N.W. LOWELL "OLD TOWNE" SILVERDALE, WASHINGTON 98383 360-692.6400 • FAX 360-692.8927 The survey will not relocate Wetlands or Stream ordinary high water lines. This information is on the existing survey and will be utilized to determine the setback lines which will become the limits of the project survey. Deliverables Pdf copies of the completed survey along with the AutoCAD Civil3D drawing file. Costs Our cost to complete this survey is $4,800. Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F EXHIBIT I ASM Archaeokogy • History • Ethnography • Architectural History Proposal to Conduct a Cultural Resource Assessment Ruby Creek Lift Station Project September 3, 2024 Prepared bar:. ASM Affiliates 26231 72nd Ave NW Stanwood, WA 98292 Prepared for: Erika Schuyler, PE, PMP Vice President, Water Consor 600 University Street, Suite #300 Seattle, WA 98101 Dave Iversen, Director diversen@asmaffiliates.com Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F September 3, 2024 Erika Schuyler Page 2 of 3 Project Introduction ASM Affiliates (ASM) will conduct a cultural resources assessment for the Ruby Creek Lift Station Project, Port Orchard, Kitsap County, Washington. All services will be provided in accordance with the Washington State Department of Archaeology and Historic Preservation (DAHP) guidelines, and managed by ASM's archaeologists, architectural historians, and/or historians who exceed the Secretary of the Interior's Professional Qualification Standards. All services will be provided on a fixed -fee basis after receipt of signed contract. Scope of Work Project Kickoff — ASM will participate in one kickoff call to discuss project requirements and confirm project schedule. Additionally, prior to commencement of fieldwork ASM will coordinate with the cultural representative of the Suquamish Tribe concerning the project. Background Research — Prior to the initiation of fieldwork, ASM will conduct records searches of site forms and previous cultural resources reports on file at the DAHP, as well as archival review of other existing documentation that may be useful to determine cultural resources concerns or historical properties located within 1-mi. of the project area. Library and online resources will also be consulted to check historic land survey and patent maps, topographic maps, and other pertinent historical documents. Field Survey — Fieldwork will include an intensive survey to examine all exposed ground surfaces for archaeological resources. Subsurface excavation will be conducted using a judgmental method. Shovel test probe (STP) excavations will be used to determine the presence, extent, and structure of subsurface deposits, and assist in the determination of the nature of any identified site boundaries. ASM will excavate STPs at variable intervals in accessible areas. Additionally, delineation subsurface excavations will be conducted at all newly identified and previously recorded archaeologic sites. If necessary, auger probes will be excavated at the base of STPs in areas where project excavation is planned to extend greater than three feet below surface. Sediment from excavations will be screened through '/4-in. hardware mesh. Results will be documented on ASM forms, which include provenience location, artifact inventory, information on sediment type and color, termination depth, and general observations. The locations of excavations and all identified cultural resources will be documented with submeter accuracy global positioning systems (GPS) handheld devices and included on report quality figures within the technical report. Technical Report Preparation — ASM will prepare a technical report containing the requisite written documentation in compliance with the DAHP processes. The report will include a historic overview, methodology, survey findings, identification of known historical resources, recommended mitigation and/or provide recommendations for any further work required for compliance. Schedule ASM will conduct fieldwork for the project within 90 days of notice to proceed. A draft report will be submitted within 60 days of fieldwork completion. The final report will be completed within two (2) weeks of receipt of comments to the draft. Cost The estimated fixed -fee cost to complete the scope of work described above is $17,200.00. Docusign Envelope ID: 20A4DO74-079C-439F-B88E-882Dl5F7994F September 3, 2024 Erika Schuyler Page 3 of 3 Assumptions • A maximum of 25 STP excavations will be conducted for the fieldwork; • No cultural resources will be identified; • Indirect impacts analysis is not required; • Deliverables will be provided electronically via email; • ASM will address one consolidated round of comments to the draft technical report; • If further revisions or additions to the report are requested, ASM will bill you above the contract limits on a time and materials basis to address those comments, per our standard billing rates. • NRHP evaluation, data recovery, historic property inventory, and/or on -site monitoring for any cultural resources identified will be performed under a separate contract. Proposal Acceptance Title: Proposal to Conduct a Cultural Resource Assessment - Ruby Creek Lift Station Project Cost: $17,200.00 Accepted by: Signature Title Company Name Billing Address Email Address Phone Print Name Date