HomeMy WebLinkAbout083-25 - Consor North America, Inc. - ContractDocusign Envelope ID: 504DE2F8-5DEB-49DB-9706-684BA7757E83
Port Orchard Contract #: 083-25
Authorized Amount: $998, 934.00
Date Start: 9/9/2025
Date End: 12/1/2027
CONSULTANT SERVICES AGREEMENT
OLD CLIFTON INTERTIE DESIGN
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 600 UNIVERSITY ST STE 300 SEATTLE WA 98101-4196 (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.
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2. Compensation.
The City shall pay the Consultant for services rendered according to the rates and methods set forth
below.
[Check all applicable payment terms]
❑ LUMP SUM. Compensation for these services set forth in Exhibit A shall be a Lump Sum
of $______________
X TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed
$998,934.00 without written authorization and will be based on the list of billing rates and
reimbursable expenses attached hereto as Exhibit "B."
❑ 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
„B„
❑ 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
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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 9/9/2025
and ending 12/1/2027 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. OwnershiD 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
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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.
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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:
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
limits:
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.
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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.
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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.
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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.
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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.
22. Modification.
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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
600 University Street, 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.
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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 Subcontracts, Including Procurements of Materials and Equipment. In all
solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the Consultant of the Consultant's obligations
under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds
of race, color, national origin, sex, age, disability, income -level, or LEP.
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
its books, records, accounts, other sources of information, and its facilities as may be determined by
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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.
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IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement as of the
dates listed below.
CONSULTANT
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City of Port Orchard and Consor North America
Public Works Project: Old Clifton Intertie Design Project
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CITY OF PORT ORCHARD
Signed by:
By: 3B96492E3F5847D...
Robert Putaansuu, Mayor
9/15/2025
Date:
ATTEST/AUTHENTICATE
Signed by:
46A5A5466D00418...
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM
LI Signed by:
203701 F25520457...
Port Orchard City Attorney's Office
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EXHIBIT A
Scope of Services to be Provided by Consultant. The Consultant shall furnish services including, but
not limited to, the following outlined here or attached separately.
City of Port Orchard and Consor North America
Public Works Project: Old Clifton Intertie Design Project
Updated 4/2022 IBDR
Page 14 of 17
Docusign Envelope ID: 504DE2F8-5DEB-49DB-9706-684BA7757E83
EXHIBIT A
SCOPE OF SERVICES
OLD CLIFTON INTERTIE PROJECT
CITY OF PORT ORCHARD
Introduction
Consor North America, Inc. (Consor) has developed this Scope of Services (Scope) and accompanying fee
estimate to provide engineering services for the Old Clifton Intertie project (Project). The scope and fee
have been developed based on discussions with City of Port Orchard (City) staff and Consor's understanding
of the project.
The consultant team is led by Consor as the prime consultant and includes sub -consultants CG Engineering
(CG) for structural engineering services, Landau Associates (Landau) for environmental permitting,
Industrial Systems Inc. (IS) for electrical, instrumentation, and controls, Driftmier Architects (Driftmier) for
architectural services, Sage Geotechnical (Sage) for geotechnical engineering services, AES Consultants, Inc
(AES) for surveying and base mapping services, Applied Professional Services, Inc. (APS) for utility potholing
services, Tierra Right of Way Service, Limited (Tierra) for property acquisition support, and ASM Affiliates
(ASM) for cultural resources services.
Project Understanding
The Project involves a design of a water system intertie between the City's water system and the
McCormick Woods water system. The project includes design of one (1) new booster pump station (BPS)
and Pressure Reducing Valve (PRV) Facility, and water main to connect the 580 Zone to the 390 Zone. The
BPS and PRV Facility is anticipated to be located along SW Old Clifton Road in a City -owned parcel. The
interconnecting water main is planned to be located within the public right-of-way for SW Old Clifton Road.
The design phase of the Project includes the preparation of plans, specifications, contract documents (using
the City's standard contract documents), permitting, and engineering opinions of probable construction
costs (OPCC) needed for the bidding, and construction of the following design elements:
The New BPS and PRV Facility is anticipated to include:
• CMU building (approximately 2,000 square feet)
• Three (3) booster pumps to flow water from the 390 Zone to the 580 Zone
• The pumping capacity of each pump is estimated to be 750 gpm each; the capacity will be
confirmed during preliminary design
• The pumps are anticipated to have variable frequency drives to meet water system demand; the
configuration and type will be confirmed during preliminary design
• Two (2) PRVs to flow water from the 580 Zone to the 390 Zone; the PRVs are assumed to reside
within the BPS building and will be confirmed during preliminary design
• Isolation valves and metering
• Manual crane or similar for equipment removal and replacement
• On -site standby power generation and automatic transfer switch
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• Electrical equipment for the facility
• Utility sink and sample taps for water quality testing
• Building HVAC
• Building security equipment including intrusion alarms, and card reader access control
• Instrumentation equipment including flow meters, pressure transmitters, valve position indication,
smoke detection and flood detection
• SCADA control panel
Site Development for the new facility is anticipated to include:
• Site grading
• Site piping to connect to the water main
• Site piping for a facility sewer drain connection
• Paved access driveway and parking for a minimum of two security vehicles
• Stormwater management
• Security measures, including site lighting and fencing
• Landscaping
Approximately 5,800 linear feet of 12 -inch diameter water main:
• The new water main will be located within SW Old Clifton Road
• The water main will connect the 390 Zone to the 580 Zone
• New water main piping material anticipated to be ductile iron (DI)
• There will be up to three (3) connections to the existing water system
• No water service connections to the new water main will be included in the design; however, the
water main may have future service connections
• Individual PRV locations will be included, with elevations
• Hydrant and isolation valve locations will be included per City Standards
• Roadway restoration design will be completed per City and/or Kitsap County Standards as
applicable
The Project requires Washington State Department of Health (DOH) Project Report approval.
Scope of Services
The Scope of Services includes the preliminary design and 60% design project phases. Tasks include the
following elements:
■ Objective: Summary of the goals that will be achieved by the task
■ Activities: Project elements and efforts that will be completed by the Consor project team
■ Deliverables: The finished product that will be delivered to the City
■ Assumptions: Assumptions used to develop each task
City staff will be actively engaged throughout the project, utilizing a series of meetings, workshops, and
presentations to solicit City input and develop consensus at key points in the design process. Tasks in this
Scope of Services include:
■ Task 1— Project Management
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■ Task 2 — Data Collection, Field Work, and Documentation
■ Task 3— Preliminary Design
■ Task 4— 60% Design
■ Task 5 — Unanticipated Services
Tasks 3 and 4 have sub -tasks for the BPS and PRV Facility and the water main designs. A detailed breakdown
of the tasks and subtasks that comprise the Scope of Services follows and aligns with the tasks included in
the Fee Estimate included as Exhibit B.
Final design, engineering services during construction, construction observation, and special inspections
are not included in the Scope of Services. Specific scope and budget may be added by Contract Amendment
once the 60% design phase for the facilities has been approved by the City.
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 implementing the project scope.
Activities
1.1 Invoices/Status Reports
Prepare monthly invoices, including expenditures by task, hours worked by project personnel, and other
direct expenses with the associated backup documentation. Monthly status reports to accompany each
invoice and include comparisons of monthly expenditures and cumulative charges to budget by task,
including cost -to -complete, earned value, cash flow, and sub -consultant participation. Monthly status
reports to include schedule updates if the schedule shifts.
1.2 Project Kickoff Meeting
Prepare for and attend project kickoff meeting with staff and key team members. Prepare a detailed
meeting agenda and distribute before the kickoff meeting for City review. Prepare and distribute notes
after the meeting. Kickoff meeting will be in person and will be attended by 10 members of the Consor
team. The meeting will be up to four (4) hours in duration total, including site tour, excluding travel time.
1.3 Coordination with City Staff
Coordinate with City staff by regular status reports, monthly status meetings, weekly telephone
communication, and e-mail during the project. City PM to be copied on all email communications with City
staff. Bi-weekly meetings between Consor and the City project manager are assumed to be an average of
45 minutes in length and will occur virtually via telephone or Microsoft Teams.
1.4 Consultant Team Coordination
Coordinate with and manage project team, including subconsultants on specific tasks, scope, and budget
to facilitate execution of the Scope of Services. Internal team coordination to include one -hour, bi-weekly
team conference calls with discipline leads and key team members.
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1.5 Development of Project Management Plan
Develop Project Management Plan (PMP) that includes the signed contract, work assignments, project work
plans, communication protocol, quality control plan, schedule, health and safety plan (HASP), and invoicing
procedures.
1.6 Decision Log
Develop, maintain, and monitor a decision log to document major project decisions.
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 Budget Analysis
o Updated monthly schedule, when applicable
o Issues requiring project team action
■ Draft and Final PMP in PDF format
■ Kickoff meeting agenda and notes
■ Decision log form
Assumptions
■ Notice to Proceed date by September 17, 2025.
■ Project duration is anticipated to be 10 months.
■ Non-bi-weekly meeting agenda will be submitted to City in advance of meetings and workshops for
City review and input.
■ City reviews:
o Review period for deliverables is 10 working days.
o Review comments will be compiled into a single document before submitting them to
Consor.
■ Assume 10 progress payments/status reports.
■ Project workshops and design review meetings are included in later tasks.
■ Project schedule will be developed and maintained using MS Project; includes up to three (3)
updates.
Task 2 — Data Collection, Field Work, and Documentation
Objective
Collect existing background information and perform field reconnaissance to collect data to aid in
completing design tasks.
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Activities
2.1 Topographic Surveying and Mapping
Research historic property records, survey records and survey monumentation within the project area to
determine the methods for computing property boundaries and establishing a fixed horizontal and vertical
control network. From this information, identify the approach to compute property boundaries, identify
and resolve conflicting documentation to provide an overall project boundary.
Establish control points along the entire route to be used for surveying and by the contractor during
construction. Property boundaries and right of ways will be computed based upon found and acceptable
surveying monuments and practices.
Contact Washington "One Call" Locate Service before conducting survey and contract with private utility
locate contractor to mark underground utilities within the project area. Utilities will be located using
standard radio frequency locating devices (for conductible utilities). Utilities to be located include natural
gas mains and services, primary and secondary power, cable TV, water mains and services, stormwater
drainage pipes and structures, sewer main and laterals, and telecommunications (including fiber optics, if
identifiable by standard radio frequency devices). Locate the paint marks identifying underground utilities
as part of its topographic survey services. Utilities which cannot be located by this method will not be
located.
Provide topographic survey locations and elevations of existing, visible physical surface features, edges of
pavement, shoulders, overhead utility features, and marked underground utilities, walls and substantial
improvements within the project area.
Features to be identified, located, and mapped will generally include, but may not be limited to:
• Streets (paved and gravel surfaces, driveways, curb, gutter, and sidewalks).
• Tops and toes of drainage ditches and streams.
• Storm drainage catch basins, manholes, and culverts (rim elevations, pipe sizes, pipe materials,
and invert elevations).
• Sewer manholes (rim elevations, manhole types, and entry/exit pipe sizes and invert
elevations).
• Water (valves, fire hydrants, meters, and services, including pipe size as provided by the water
purveyor).
• Dry utilities (gas, power, TV, telephone, fiber optic, including size and type as noted on as -built
plans). Include and identify overhead and buried utilities as located by the utility locating
service, or as noted on as -built plans if not marked in the field.
• Miscellaneous surface features (utility vaults, power poles, walkways, fences, structures,
buildings, retaining walls, signs, guard rails, and trees greater than 8 -inch diameter.
• Spot elevations in areas where contours do not provide adequate information.
• Wetland and ordinary high water mark (OHWM) flagging or staking.
• Utility potholing locations once completed.
Develop and submit base map suitable for design for use in AutoCAD following the City's standards.
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2.2 Utility Coordination
Coordinate with private utility companies, request utility as -built plans, review information received, and
incorporate pertinent information into the survey base map.
2.3 Environmental Permitting Coordination
Determine and prepare applications for necessary project environmental permits and regulatory approvals.
Wetland/Waterway Reconnaissance and Delineation
Conduct a wetland delineation in accordance with the 2010 Regional Supplement to the Corps of Engineers
Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region. The ordinary high-water mark
(OHWM) of waterways will be determined using guidance in the Washington State Department of Ecology's
(Ecology's) Determining the Ordinary High Water Mark for Shoreline Management Act Compliance in
Washington State. Compile and review environmental information from the following sources to better
understand the extent of wetlands/waterways at the site:
• Natural Resources Conservation Service Soil Survey data.
• National Wetlands Inventory mapping.
• Federal Emergency Management Agency floodplain mapping.
• Local critical areas maps.
• US Geological Survey topographic mapping.
• Recent aerial photography.
Complete delineation of the approximately 2.2 -acre portion of Kitsap County Parcel No. 342401-3-015-
2004 between the unnamed tributary to Ross Creek and Old Clifton Road, and reconnaissance level
assessment of the water main alignment along Old Clifton Road to support development of project designs.
Complete delineation of select locations along the water main alignment that occur outside of existing
paved road and/or gravel shoulder following development of 30 percent plans.
The field investigation will include an examination of vegetation, soils, and hydrology within the study area,
which includes areas within 300 ft of the project footprint. Flagging associated with wetland/waterway
delineation will be placed along the wetland/waterway boundaries within the project footprint. Visual
observation and publicly available data will be used to estimate the extent of wetland/waterway habitat
within 300 ft of the project footprint and reconnaissance level assessment of the water main alignment.
Provide a sketch of the wetland/waterway boundary flagging to help surveyors locate flagging. A separate
figure will be provided summarizing results of the reconnaissance level assessment of the water main
alignment that will show approximate location of wetlands, streams, and preliminary buffer widths.
Wetlands within the study area will be rated in accordance with Ecology's Washington State Wetland Rating
System for Western Washington, and recommended buffer widths will comply with the City's Critical Areas
Ordinance. Waterway typing and buffer widths will be determined in accordance with City's Critical Areas
Ordinance and Chapter 222-15-130 of the Washington Administrative Code (WAC).
Wetland/Waterway Critical Areas Report
Prepare a wetland/waterway critical areas report detailing existing conditions and required mitigation
sequence. Evaluate mitigation sequence based on the 60 percent project plans. Determine adequate
impact avoidance and minimization measures in accordance with the City of Port Orchard Critical Areas
Ordinance.
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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, and
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 impact avoidance/minimization to wetlands/waterways and associated
buffers.
The draft critical areas report will be provided for review and comment by the City.
Comments will be reviewed and incorporated into a final critical areas report.
Agency Coordination
Request a pre -application meeting with representatives from the City. During the meeting, the proposed
project, potential impacts, and mitigation measures, and work with the City will be described to determine
project -specific application/permitting requirements. Following the pre -application meeting, prepare a
meeting summary and provide it to attendees.
When the agency returns comments on the project application, assist with preparation of responses as
requested.
2.4 Geotechnical Investigation, Testing, Analysis, and Reporting
Complete a geotechnical field investigation along the project limits, including testing, analysis and
reporting. Field investigation and testing will include the following tasks:
• Review readily available geologic and geotechnical data for the project alignment and the
surrounding area.
• Coordinate the clearance of underground utilities at the proposed exploration areas. Exploration
locations will be marked in the field and the Washington Utilities Coordinating Council's "One Call"
locating service will be contacted. A private utility locating service will also be contracted to identify
conductible utilities located outside of public easements.
• Prepare a traffic control plan for the City's review.
• Explore the subsurface soil and groundwater conditions by advancing a total of five (5) drilled
borings, each extending 10 feet below ground surface, along the proposed water main alignment.
The borings will be located in the roadway shoulder or between the wheel paths of a travel lane.
• Excavate two test pits at the BPS location, each extending approximately 12 ft bgs. Sage will
monitor the explorations, collect representative soil samples, and maintain detailed logs of the
subsurface soil and groundwater conditions observed. Sage will subcontract the drill rig, excavator,
and operators.
• Complete a limited reconnaissance of steep slopes in the geologically hazardous areas west of the
project alignment.
• Perform geotechnical laboratory testing on select soil samples obtained from the explorations.
Sage has budgeted for 10 grain size analyses and 10 moisture content determinations.
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Summarize the results of the field exploration and laboratory testing program in a draft report and submit
for review. Address comments and submit the final report, signed, and sealed by a Professional Engineer
licensed to practice in Washington. Geotechnical recommendations will include:
• A description of near -surface soil and groundwater conditions along the project alignment.
• 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.
• Recommended lateral earth pressures that can be used to design new underground structures.
• A discussion of uplift concerns for buried structures installed below the groundwater table. Sage
will provide recommendations for resisting uplift.
• Recommendations for shallow foundation support, including allowable soil bearing pressure. Sage
will also provide settlement estimates.
• Recommendations for slab -on -grade support.
• Recommendations for soil infiltration rates at the BPS location based on grain -size correlations.
• A site class that can be used to complete seismic design.
• An evaluation of potential seismic risks, including soil liquefaction, lateral spreading, and surface
fault rupture.
• Recommendations for standard- and heavy-duty, impervious asphalt pavement sections.
• A discussion regarding areas of concern, including parts of the project alignment that may be
affected by geologically hazardous areas and their associated buffers. Sage will address the
requirements in Chapter 19.400 of the Kitsap County Code or prepare a critical areas exemption
request, if applicable.
Prepare a draft memorandum for the design team's review and comment. Upon receipt, comments will be
addressed, and Sage will issue a final memorandum, signed and sealed by the project engineer. A
geotechnical data report will be submitted alongside the final memorandum; the data report should be
included in construction bid documents.
2.5 Cultural Resources Assessment
Project Kickoff
Participate in one kickoff call to discuss project requirements and confirm project schedule. Coordinate
with the cultural representative of the Suquamish Tribe concerning the project prior to commencement of
fieldwork.
Background Research
Conduct records searches of site forms and previous cultural resources reports on file at the Department
of Archaeology and Historic Preservation (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 -mile
of the project area prior to the initiation of fieldwork. 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 a survey to examine 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
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determination of the nature of any identified site boundaries. Excavate STPs at variable intervals in
accessible areas. Additionally, delineation subsurface excavations will be conducted at 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 %-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 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
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.
2.6 Hydraulic Analysis
Conduct hydraulic modeling to verify booster pump station and pressure reducing valve station design
criteria, siting elevation, and location. Confirm feasibility of siting the new facility on City -owned parcel
342401-3-015-2004.
Hydraulic Modeling to Confirm Facility Sizing and Operation
Complete water system model updates to include the operations of the new booster pump station, PRVs,
and water main to properly integrate the new facility into the existing system operations. This will include
confirming the capacity of the booster pump station, projected future capacity needs, water main sizing,
and preliminary PRV settings. The modeling will also evaluate future connections to water main to
determine likely future sub -zones (up to two (2)) and associated increased demand on the pump station
facility. Summarize results in a technical memorandum.
System Curve Development
Create system curves to define the boundaries of the operating conditions for the pump station. Multiple
suction and discharge boundary conditions (up to two (2)) will be tested to verify that the system curves
identify the boundaries of the required performance of the pump station. In addition, the operating curve
for the expected normal operation will be created to help identify the required design range of the
proposed pumps.
Final Verification
Verify the design and pump selection as part of the 60% design task and provide a brief writeup for the
DOH Project Report.
2.7 Quality Management
Perform quality management on all deliverables.
Deliverables
■ Topographic survey in AutoCAD and pdf format.
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■ Draft and final geotechnical report in PDF format.
■ Site sketches of wetland/waterway delineation flagging locations.
■ Summary map showing results of water main alignment reconnaissance level assessment.
■ Draft and final wetland/waterway critical areas report in PDF format.
■ Permitting agency draft and final meeting summary in PDF format.
■ Draft and final cultural resources assessment report in PDF format.
■ Draft and final hydraulic modeling technical memorandum in PDF format.
Assumptions
■ City staff to provide data requested in most appropriate and useful format within 10 working days
of the data request.
■ Quality management is included in this task for review of deliverables.
■ Geotechnical assumptions:
o Sage will subcontract drilling, excavation, utility -locating, and traffic control services.
o A single travel lane and roadway shoulder will be closed during the 2 -day field
investigation. Closures will be limited to the drill/excavation sites — approximately 200
linear feet in length.
o Sage will be provided with access to the project alignment.
o City and County right-of-way permits will be waived or provided at no cost to Sage.
o The field investigation can be completed during standard business hours (i.e., no weekend
or nighttime drilling will be required).
o The site is free of hazardous soil, groundwater, and other media.
o Neither Sage nor its subcontractors are responsible for damage to unmarked or mismarked
utilities.
o Explorations advanced through pavement will be patched with quick -setting concrete.
o The geotechnical services does not include recommendations for mitigating slope
instability, if any.
■ Environmental permitting assumptions:
o Flagging will be placed within the limits of the project footprint.
o The City will provide access to the project area, if necessary.
o Right-of-way permit is not required for reconnaissance/delineation efforts of water main
alignment along Old Clifton Road.
o The BPS and PRV Facility will be located east of the unnamed tributary to Ross Creek, and
only the eastern stream bank will be delineated.
o Boundaries of potentially jurisdictional ditches will be delineated based on project base
survey elevation data and will not be flagged.
o Elevation survey of the water main alignment will be provided to Landau.
o Wetland and waterway survey files will be provided to Landau.
o Project will avoid permanent and temporary impacts to wetland/waterway critical areas.
This scope of work does not include development of restoration or compensatory
mitigation plans or applications for unavoidable impacts. Restoration/compensatory
mitigation planning and associated permit application support, if needed, will be provided
in a supplement to this scope of services.
o 60 percent design plans, provided by Consor, will contain sufficient detail for Landau to
evaluate avoidance/minimization measures.
o Agency coordination meeting will be held virtually and will be one (1) hour. Onsite
meetings are not included in this task.
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■ Hydraulic analysis assumptions:
o The hydraulic model is updated and calibrated.
o Hydraulic analysis includes the existing (2022) scenario and the buildout (2042) scenario.
o The zone is an open zone.
o Demand conditions for average daily demand (ADD) or maximum daily demand (MDD)
from the Water System Plan Update.
o System curve development assumes low demands (ADD or no demands in the 580 zone)
o The Buildout 580 demand will be updated to include the Stetson Heights and McCormick
East Developments
o City review period is five (5) working days.
o City comments will be provided during or immediately following the workshop and will be
documented with the workshop notes.
o City -owned parcel (parcel 342401-3-015-2004) is the assumed BPS and PRV Facility site
to be verified in this task. This parcel is zoned for public facilities (PF) and is within the Old
Clifton Industrial Park which is exempt from the City of Port Orchard Design Standards
Task 3— Preliminary Design
Objective
Develop a preliminary design that incorporates the City's preferences, requirements, and constraints for
input and refinement. This task is the start of the project's detailed design process and key design discipline
leads begin their development of the design concept. The developed schematic design establishes the
general scope, conceptual design, scale, and relationships among the project components, and includes
discipline specific design ideas so that major process decisions such as equipment spacing, process
type/configuration, redundancy, and O&M preferences can be made by the City.
The project is broken into two (2) areas based on Project components.
■ BPS and PRV Facility
■ Water Main
Activities
3.1 Preliminary Design
Coordinate with City staff on key design elements, design criteria, and development of preliminary plans to
the approximate 30% design completion level for approximately 35 of the estimated 86 plan sheets.
3.2 Utility Conflict Analysis
Perform a utility conflict analysis for the water main alignment based on topographic survey, third party
utility locates, and as -built information obtained in Task 2. Develop Potholing Plan for up to 20 potholes,
and submit to City for review and approval.
3.3 Preliminary Design Report
Prepare the Preliminary Design Report and associated preliminary design documents by compiling the work
developed in previous tasks. Include the following in the Preliminary Design Report.
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■ Introduction and background
■ Project description and design criteria
■ Building and zoning codes
■ Geotechnical report
■ Design and coordination with Geotechnical Engineer for design of foundation elements
■ Preliminary design drawings
■ 3D model of the existing site, existing buildings, new site features, and BPS and PRV Facility
■ Color renderings
■ Review regulatory requirements to determine preliminary permit requirements
■ Specifications Table of Contents
■ Major equipment cutsheets
■ AACE International Class 3 cost opinion with an anticipated accuracy range of -20% to +30%
■ Estimated construction schedule
Prepare for and attend Preliminary Design workshop virtually to review the draft Preliminary Design Report.
3.4 Quality Management
Perform quality management on all deliverables.
Deliverables
■ Potholing Plan
■ Up to 20 test -hole data sheets, which include Top, Bottom, Width, Diameter and Direction of
the utility.
■ Excel spreadsheet containing test -hole data for the project.
■ Google Earth RM map with interactive link accompanied with an SHP File.
■ Photos of found utilities.
■ Meetings/workshop agendas and notes.
■ Draft and final Preliminary Design Report in PDF format
Assumptions
■ Scope of Services does not include structural design of any site walls, detention vaults, or other
site structures.
■ Site can be graded to avoid retaining walls.
■ An additional half day of surveying included to pick up any additional items following basemap
review.
■ Potholing Assumptions:
o Utilities will be between 0 and 10 feet in depth.
o Restoration will include 5/8" crushed rock back fill with an EZ street patch.
o Grind and overlay of the existing roadway is not anticipated.
■ Full lane repair will be required if water main is in street lane
■ City can consider paved shoulder improvement for main
■ A total of two (2) design meetings/workshops with the City are anticipated and will be attended
by up to six (6) Consor team members.
■ Materials developed for design will be sufficient for use in public engagement.
■ Preliminary Design Report can be used as a basis for the DOH Project Report in Task 7.
Consor • September 2025 • Old Clifton Intertie Project • City of Port Orchard
Scope of Services • 12
Docusign Envelope ID: 504DE2F8-5DEB-49DB-9706-684BA7757E83
■ Quality management is included in this task for review of deliverables
Task 4 — 60% Design
Objective
Develop the Project preliminary design to 60% level of completion. The project is broken into two (2) areas
based on Project components.
■ BPS and PRV Facility
■ Water Main
Anticipated elements for each Task 5 subtask include:
■ 60% Plans and Technical Specifications: Develop the Project preliminary design from 30% level
to approximately 60% completion. Provide approximately 67 of 86 construction drawings in
the 60% Design Submittal for the General, Civil, Structural, Mechanical, Architectural, Process
and Instrumentation Diagrams (P&IDs), Electrical and Instrumentation and Controls (E&IC)
design disciplines. The 60% Design Submittal to include construction drawings, major
equipment specifications, 60% Engineer's OPCC, and estimated construction duration.
■ Review Meetings: Conduct review meetings following 60% deliverable with City staff in a
workshop setting virtually via telephone or Microsoft Teams.
Activities
4.1 BPS and PRV Facility
Develop the 60% Design Submittal for City review, to include drawings and specifications for the
construction of the BPS and PRV Facility, including connection to the water transmission main, Process
and Instrumentation Diagrams (P&IDs) for the BPS and PRV Facility, and the Booster Station's Electrical
and Instrumentation and Controls (E&IC) and architectural and structural design.
4.2 Water Main
Develop the 60% Design Submittal for City review, to include drawings and specifications for the
construction of the water main in Old Clifton Road.
4.3 Opinion of Probable Construction Cost (OPCC)
Prepare OPCCs as part of the 60% (AACE International Class 2) design submittal.
5.4 Quality Management
Perform quality management on all deliverables.
Deliverables
■ Meeting agendas, notes, and supporting materials, draft and final in PDF format
■ The 60% design submittals include design plans at half size (11x17), technical specifications for
major equipment, OPCC, and construction schedule in PDF format.
Consor • September 2025 • Old Clifton Intertie Project • City of Port Orchard
Scope of Services • 13
Docusign Envelope ID: 504DE2F8-5DEB-49DB-9706-684BA7757E83
Assumptions
■ Scope of Services does not include structural design of any site walls, detention vaults, or other
site structures.
■ City front end contract documents will not be included in the 60% specifications.
■ The current CSI MasterFormat specifications to be used for up to five (5) major equipment
specifications.
■ Materials developed for design will be sufficient for use in public engagement.
■ Quality management is included in this task for review of deliverables.
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 when requested by the City and will commence work only when written
authorization is provided by the City.
Consor • September 2025 • Old Clifton Intertie Project • City of Port Orchard
Scope of Services • 14
Docusign Envelope ID: 504DE2F8-5DEB-49DB-9706-684BA7757E83
Estimated Schedule
The estimated schedule provided in the following table is based on the City's desires for design to be begin
as soon as possible. A more detailed project schedule will be developed after Notice to Proceed is provided
by the City.
Task Name ` Duration I Finish
Notice to Proceed
0 days
Wed 9/17/25
Wed 9/17/25
Project Initiation
15 days
Wed 9/17/25
Tue 10/7/25
Kickoff Meeting
0 days
Wed 10/8/25
Wed 10/8/25
Field Work (geotechnical, delineation)
40 days
Wed 10/22/25
Tue 12/16/25
Survey
20 days
Wed 10/8/25
Tue 11/4/25
Preliminary Design
50 days
Wed 10/15/25
Tue 12/23/25
City Review
15 days
Wed 12/24/25
Tue 1/13/26
Pre -Application Meeting with City
1/2026
1/2026
60% Design
100 days
Wed 1/14/26
Tue 6/2/26
City Review
10 days
Wed 6/3/26
Tue 6/16/26
Finalize 60% Design
15 days
Wed 6/17/26
Tue 7/7/26
Budget
The fee estimate is included as Exhibit B. Payment will be made at the billing rates for personnel working
directly on the project, which will be made at Consor's Hourly Rates, plus Direct Expenses incurred. Billing
rates are included as Exhibit C. Subconsultants, when required by Consor, will be charged at actual costs
plus a 10 percent fee to cover administration and overhead costs. Direct expenses will be paid at the rates
shown in Exhibit C.
Consor • September 2025 • Old Clifton Intertie Project • City of Port Orchard
Scope of Services • 15
Docusign Envelope ID: 504DE2F8-5DEB-49DB-9706-684BA7757E83
EXHIBIT B
Rates for Services to be Provided by Consultant. The Consultant shall furnish the services in
accordance with the rates specified below or attached hereto, as Exhibit B.
City of Port Orchard and Consor North America
Public Works Project: Old Clifton Intertie Design Project
Updated 4/2022 IBDR
Page 15 of 17
Docusign Envelope ID: 504DE2F8-5DEB-49DB-9706-684BA7757E83
EXHIBIT B - FEE ESTIMATE
OLD CLIFTON INTERTIE
CITY OF PORT ORCHARD
PROPOSED FEE ESTIMATE
IABOR CUSSIFICATION (HOURS)
Principal Engineer
IV
Principal Engineer
VI
Principal Engineer
III
Professional Engineer
VIII
Professional Engineer
VI
Cost Estimator 111
Engineering Designer
IV
Engineering Designer
I
Engineering
Designer Vll
Adminis[rativel
Prvj-Coordinator
III
ProjeR Coordina[orl
Professional
Engineer Vll
Engineering Designer
III
Xours
bor
Subconsulta581
Subconsul—
Multiplier
%Markup
Subcons IW Total
with Markup
Expenses
CARD Units
$18/hr
Total
AFS (Survey)
landau
(Permittlry)
Sage
(Geotechnlol)
APS
(Potholing)
C.1.1 ural)
Drif[mier
(Architectural)
ASM (Cultural
Resources)
IS
(EI®C)
_
Task1- Prafa MamBamem
Task 1.1- Invoicex/Statux Reports
$
.1
$
5
5
$
Task 1.2- Pr KI<koff Meeting
$
1
$ -
$
s
$
Task 1.3- Coordination wltn Clty 510
$
1
$ -
$
s
$
Task 1.4- Consultant Team Coordination
s
.1
s -
s
5
$
Task 1.5 - Development of P1,11 Management Plan
5
.1
5
5
5
5
Task 1.6 - Decision Log
s
.1
5
5
5
5
Task f Subtotal
260
4
4
4
4
0
0
$6
0
11
21
2________
Task 2 - Data Collection, FIeId Work, and Dacummtatian
Task 2.1- Topographic Surveying and Mapping
5 a
5
.1
5 3$
5 6
5
Task 2.2- Ut Coordination
$
5
1
5 3
$
5
$
Task 2.3- En mal Permitting Coordination
$
$ D
.1
5 D
$
5
$
Task 2.4-Oeotecnn cal lnveliplion Texting,-1ySz, and Reporting
$
s
.15
3
$
5
5
Task 2.5- Cultural Rewu. nsusxment
5
5
.15
a
s
5
5
Task 2.6- Hydrauli<Analvsis
5
.1
5
5
5
5
Task 2.]- Qaality Management
5
1 .1
5
5
5
5
TOsk25ubtotal
21
2
20
12
22
0
0
k
12
0
0
0
80
65
2]8
$ 6],380
$ 29,25]
$ 36,100
$ 32,991
$ -
$ -
$ -
$ L5,240
$ ,112
$ 12],2]3
$
$ 216
$ 191,869
Task3- Prdiminary Design
Task 3.1 -Preliminary Design
s
s D
5
5
.15
3
5 0
5 m
s
Task 3.2- UBIIty Conflltt Analysis
Task 3.3 - Preliminary Design Report
1
5
$
Task 3.4- Quality Management
$
.1
5 -
s
s
s
15544'60% Design
15344.1. BPSand 750lsoility
31
40
172
13
447
2
314
10
833
$
116,S00534,4S7
S03,305
1.1
332,818
150
33.352
$ 302,51
TIM,4.2- Water Main
12
28
11
100
168
0
308
137,760
1.1
$ -
$
53,024
$00,704
15344.3-Opinion0SProbable Conxtruttlon Cast
4
2
4
8
8
31
16
70
5 17,244
1'
$ -
$
$
$ 17,242
Task4.4- Quality Management
44
14
$ 0,211
1.1
5 -
s
s
s 0,211
03324 86433834
46
21
46
180
fig
6
291
168
0
0
16
0
0
1332
$ 318,222
$ -
$ -
$ -
$ -
$ 16,590
$ 31'50
$ -
$"33,33B$
92,813
$ 150
$ 8,676
$ 419,860
Tasks- Unenticipated Services
Task 5.1- Unanticipated services
I
0
$
$ -
5 0
5
50
363
0
M
0
0
0
000
0
0
BO
65
1ri9
$ 6]0,161
$ 19,15]
$ 36,100
$ 31,990
I._43851
$
Docusign Envelope ID: 504DE2F8-5DEB-49DB-9706-684BA7757E83
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
Public Works Project: Old Clifton Intertie Design Project
Updated 4/2022 IBDR
Page 16 of 17
Docusign Envelope ID: 504DE2F8-5DEB-49DB-9706-684BA7757E83
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
Public Works Project: Old Clifton Intertie Design Project
Updated 4/2022 IBDR
Page 17 of 17