West Yost Associates ~ C210008 CITY OF TIGARD-CONTRACT SUMMARY FORM
Contract Overview
Contract/Amendment Number: C210008
Contract Start Date: 7/13/2020 Contract End Date: 6/30/2022
Contract Title: RRA AND ERP FOR THE WATER DISTRIBUTION SYSTEM
Contractor Name:WEST YOST ASSOCIATES
Contract Manager: Shasta Billings-Beck
Department: PW/Engineering
Contract Costs
Original Contract Amount: $117,298
Total All Previous Amendments:
Total of this Amendment:
Total Contract Amount: $117,298
Procurement Authority
Contract Type: Personal Services
Procurement Type: Formal RFP >$150K
Solicitation Number:
LCRB Date:
Account String: Fund-Division-Account Work Order—Activity Type Amount
FY
FY
FY
FY
FY
Contracts & Purchasing Approval
Purchasing Signature: T
Comments: Extend Contract by one year.
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
RRA AND ERP FOR THE WATER DISTRIBUTION SYSTEM
C210008
AMENDMENT #1
The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called
City, and West Yost Associates, hereinafter referred to as Contractor, entered into on the 13th day of July
2020, is hereby amended as follows:
2. Effective Date and Duration
This Agreement is effective upon the date of execution and expires on June 30821-,June 30, 2022 unless
otherwise terminated or extended. All work under this Agreement must be completed prior to the expiration
of this Agreement.
IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized
undersigned officer and Contractor has executed this Amendment upon signature and date listed below.
CITY OF TIGARD WEST YOST ASSOCIATES
S-�-
P-, 0"Ai
Signature Signature
Steve Rymer Robert Ward
Printed Name Printed Name
07/06/2021 July 2, 2021
Date Date
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CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
THIS FORMMUST ACCOMPANY EVERY CONTRACT
Contract Title: RRA and ERP for Water Distribution System Number: C210008
Contractor: West Yost Contract Total: $117,298
Contract Overview: West Yost to provide professional engineering services for the preparation of a Risk
and Resilience Assessment (RRA) and an Emergency Response Plan (ERP) for the
water distribution system.
Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate ® Low
Risk Reduction Steps:
Risk Comments:
Risk Signature:
Contract Manager: Shasta Billings-Beck Ext: 2798 Department: PW/Engineering
Type: PersonalSvc ® Professional Svc E] Public Imp E] General Svc ❑ Coop Purchase
❑ Other:
Start Date:July 1, 2020 End Date:Tune 30, 2021
Quotes/Bids/Proposal: FIRM AMOUNT/SCORE
West Yost $117,298
Water Systems Consulting Inc. 2
Tetra Tech 3
Stantec Consulting Services 4
AARC Consultants 5
Launch! Consulting 6
R142 Engineering 7
Control Cyber 8
Account String: Fund-Division-Account Work Order—Activity Type Amount
FY 20/21 532-8000-56005 96055-130 $117.298
FY
Approvals - LCRB Date: See Department Comments
Department Comments: Contract to be approved by Ci , Manager per Public Contracting Rules as
amended by City Council on June 23,2020.
Department Signature:
Purchasing Comments:
Purchasing Signature:
City Manager Comments:
City Manager Signature:
Contract# C210008
CITY OF TIGARD,OREGON
PROFESSIONAL SERVICES AGREEMENT
RRA AND ERP FOR THE WATER DISTRIBUTION SYSTEM
THIS AGREEMENT,made and entered into this 13`'day of July, 2020,by and between the City of Tigard,
a municipal corporation, hereinafter referred to as the "City," and West Yost Associates, hereinafter referred
to as the "Contractor."
RECITALS
WHEREAS, the City's Fiscal Year 2020-2021 budget provides for professional services for the RRA and
ERP for the Water Distribution System project; and
WHEREAS, the accomplishment of the work and services described in this Agreement is necessary and
essential to the program of the City; and
WHEREAS, the City desires to engage the Contractor to render professional services for the project
described in this Agreement, and the Contractor is willing and qualified to perform such services;
THEREFORE,in consideration of the promises and covenants contained herein, the parties hereby agree
as follows:
1. Scope of Services
Contractor will perform professional services in accordance with the terms and conditions set forth
herein, and as provided in Exhibit A, which is attached hereto and by this reference made a part of
this Agreement.
2. Effective Date and Duration
This Agreement is effective upon the date of execution and expires on June 30,2021,unless otherwise
terminated or extended. All work under this Agreement must be completed prior to the expiration of
this Agreement.
3. Compensation
A. The maximum that Contractor may be paid on this Agreement is hereafter the "not to exceed"
amount of One Hundred Seventeen Thousand Two Hundred Ninety-Eight and No/100 Dollars
($117,298.00) without prior written authorization. The "not to exceed" amount includes all
payments to be made pursuant to this Agreement, including reimbursable expenses, if any as
outlined in Exhibit B. Nothing in this Agreement requires the City to pay for work that does not
meet the standard of care that would ordinarily be used by similar professionals in this community
in similar circumstances or other requirements of the Agreement. The actual amount to be paid
to Contractor may be less than the "not to exceed" amount.
B. Contractor is entitled to receive progress payments for its work pursuant to the Agreement as
provided below. The City will pay Contractor based on these invoices for acceptable work
performed and approved until the "not to exceed" amount is reached. Thereafter, Contractor
must complete work based on the Agreement without additional compensation unless there is a
change to the scope of work.
City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 www.tigard-or.gov
C. Any estimate of the hours necessary to perform the work is not binding on the City. Contractor
remains responsible if the estimate proves to be incorrect. Exceeding the number of estimated
hours of work does not impose any liability on the City for additional payment.
D. Payment will be made upon receipt of billings based on the work completed. Contractor will
submit billings to City periodically, but not more frequently than monthly. Payment by the City
releases the City from any further obligation for payment to Contractor for service or services
performed or expenses incurred as of the date of the statement of services. Payment will be made
only for work actually completed as of the date of invoice. Payment will not be considered
acceptance or approval of any work or waiver of any defects therein.
E. Contractor must furnish certified cost records for all billings to substantiate all charges.
Contractor's accounts are subject to audit by the City. Contractor will submit billings in a form
satisfactory to the City. At a minimum, each billing will identify the task order under which such
work is performed, work completed during the billing period, percentage of work completed to
date, and percentage of budget used to date for each task. Billings must also include Contractor's
employer identification number or social security number, as the City deems applicable.
F. General Terms:
1) Contractor must make payments promptly, as due, to all persons supplying labor or materials
for the performance of the work provided for in this Agreement.
2) Contractor may not permit any lien or claim to be filed or prosecuted against the City on any
account of any labor or material furnished.
3) Contractor will pay to the Department of Revenue all sums withheld from employees pursuant
to ORS 316.167.
4) Contractor will pay all contributions or amounts due the Industrial Accident Fund from the
contractor or any subcontractor.
5) If Contractor fails, neglects, or refuses to make prompt payment of any claim for labor or
services furnished to Contractor or a subcontractor by any person as such claim becomes due,
City's Finance Director may pay such claim and charge the amount of the payment against
funds due or to become due the Contractor. The payment of the claim in this manner does
not relieve Contractor or their surety from obligation with respect to any unpaid claims.
6) Contractor will promptly,as due,make payment to any person,co-partnership,association,or
corporation,furnishing medical,surgical,and hospital care or other needed care and attention,
incident to sickness or injury, to the employees of Contractor, of all sums that Contractor
agrees to pay for the services and all moneys and sums that Contractor collected or deducted
from the wages of employees pursuant to any law, contract, or agreement for the purpose of
providing or paying for services.
7) Contractor and its employees,if any,are not active members of the Oregon Public Employees
Retirement System and are not employed for a total of 600 hours or more in the calendar year
by any public employer participating in the Retirement System.
8) Contractor must obtain, prior to the execution of any performance under this Agreement, a
City of Tigard Business License. The Tigard Business License is based on a calendar year with
a December 31st expiration date. New businesses operating in Tigard after June 30th of the
current year will pay a pro-rated fee though the end of the calendar year.
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9) The City certifies that sufficient funds are available and authorized for this Agreement during
the current fiscal year. Funding during future fiscal years is subject to budget approval by
Tigard's City Council.
4. Ownership of Plans and Documents: Records
A. The field notes, design notes, and original drawings of the construction plans, as instruments of
service, are the property of Contractor; however, the City may request, at no additional cost, one
set of previously approved reproducible drawings, as well as storage device such as thumb drive
or SD card in "DWG" or "DXF" format, of the original drawings of the work. The City has
unlimited authority to use the materials received from Contractor in any way the City deems
necessary. Any use of Contractor's work products or instruments of service for purposes other
than those defined under this Agreement would be at the sole risk of the City.
B. The City may make copies, for the use of and without cost to Contractor, of all of its maps,
records, laboratory tests, or other data pertinent to the work to be performed by the Contractor
pursuant to this Agreement, and also make available any other maps, records, or other materials
available to the City from any other public agency or body.
C. The Contractor will furnish to the City, copies of all maps,records,field notes,and soil tests which
were developed in the course of work for the City and for which compensation has been received
by Contractor at no additional expense to the City, except as provided elsewhere in this
Agreement.
5. Assignment/Delegation
Neither party may assign, sublet or transfer any interest in or duty under this Agreement without the
written consent of the other and no assignment has any force or effect unless and until the other
party has consented. If City agrees to assignment of tasks to a subcontract, Contractor is fully
responsible for the acts or omissions of any subcontractors and of all persons employed by them.
Neither the approval by City of any subcontractor nor anything contained herein creates any
contractual relation between the subcontractor and City. The provisions of this Agreement are
binding upon and will inure to the benefit of the parties to the Agreement and their respective
successors and assigns.
6. Status of Contractor as Independent Contractor
Contractor certifies that:
A. Contractor acknowledges that for all purposes related to this Agreement, Contractor is an
independent contractor as defined by ORS 670.600 and not an employee of City. Contractor is
not entitled to benefits of any kind to which an employee of City is entitled and is solely
responsible for all payments and taxes required by law. Furthermore,in the event that Contractor
is found by a court of law or any administrative agency to be an employee of City for any purpose,
City is entitled to offset compensation due, or to demand repayment of any amounts paid to
Contractor under the terms of this Agreement, to the full extent of any benefits or other
remuneration Contractor receives (from City or third party) as a result of said finding and to the
full extent of any payments that City is required to make (to Contractor or to a third party) as a
result of said finding.
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B. Contractor is not an officer,employee,or agent of the City as those terms are used in ORS 30.265.
7. Conflict of Interest
The undersigned Contractor hereby represents that no employee of the City, or any partnership or
corporation in which a City employee has an interest, has or will receive any remuneration of any
description from Contractor,either directly or indirectly,in connection with the letting or performance
of this Agreement, except as specifically declared in writing.
If this payment is to be charged against Federal funds, Contractor certifies that he/she is not currently
employed by the Federal Government and the amount charged does not exceed his or her normal
charge for the type of service provided.
8. Indemnification
A. City has relied upon the professional ability and training of Contractor as a material inducement
to enter into this Agreement. Contractor represents that all of its work will be performed in
accordance with generally accepted professional practices and standards as well as the
requirements of applicable federal, state, and local laws, it being understood that acceptance of a
Contractor's work by City will not operate as a waiver or release. Acceptance of documents by
City does not relieve Contractor of any responsibility for design deficiencies, errors or omissions.
B. Claims for other than Professional Liability. Contractor agrees to indemnify, defend, save, and
hold harmless the City of Tigard, its officers, employees, agents, and representatives from all
claims, suits, or actions and all expenses incidental to the investigation and defense thereof, of
whatsoever nature, including intentional acts resulting from or arising out of the activities of
Contractor or its subcontractors, sub-consultants, agents or employees in performance of this
contract at both trial and appeal level, whether or not a trial or appeal ever takes place including
any hearing before federal or state administrative agencies. If any aspect of this indemnity is found
to be illegal or invalid for any reason whatsoever, such illegality or invalidity does not affect the
validity of the remainder of this indemnification.
C. Claims for Professional Liability. Contractor agrees to indemnify, defend, save,and hold harmless
the City of Tigard, its officers, employees, agents, and representatives from all claims, suits, or
actions and all expenses incidental to the investigation and defense thereof, to the extent arising
out of the professional negligent acts, errors or omissions of Contractor or its subcontractors,
sub-consultants, agents or employees in performance of professional services under this
agreement. Any work by Contractor that results in a design of a facility that is not readily accessible
to and usable by individuals with disabilities as these terms are defined by generally accepted
professional practices and standards as well as the requirements of applicable and non-conflicting
federal, state, and local laws under similar circumstances and at the same time of this agreement
will be considered a professionally negligent act, error, or omission.
D. As used in subsections B and C of this section, a claim for professional liability is a claim made
against the City in which the City's alleged liability results directly or indirectly,in whole or in part,
from the quality of the professional services provided by Contractor, regardless of the type of
claim made against the City in performance of this Agreement. A claim for other than professional
liability is a claim made against the City in which the City's alleged liability results from an act or
Page 4
omission by Contractor unrelated to the quality of professional services provided by Contractor
in performance of this Agreement.
9. Insurance
Contractor and its subcontractors must maintain insurance acceptable to City in full force and effect
throughout the term of this contract. Such insurance must cover risks arising directly or indirectly out
of Contractor's activities or work hereunder,including the operations of its subcontractors of any tier.
The policy or policies of insurance maintained by the Contractor must provide at least the following
limits and coverages:
A. Commercial General Liability Insurance
Contractor will obtain,at Contractor's expense,and keep in effect during the term of this contract,
Commercial General Liability Insurance covering Bodily Injury and Property Damage on an
"occurrence" form (CG 2010 1185 or equivalent). This coverage must include Contractual
Liability insurance for the indemnity provided under this contract. The following insurance will
be carried:
Coverage Limit
General Aggregate $3,000,000
Products-Completed Operations Aggregate $1,000,000
Personal &Advertising Injury $2,000,000
Each Occurrence $1,000,000
Fire Damage (Any one fire) $50,000
B. Professional Liability
Contractor must obtain,at Contractor's expense,and keep in effect during the term of this contract,
Professional Liability Insurance covering any damages caused by any negligent acts, errors, or
omissions in the rendering of or failure to render Professional Services. Limit per claim may not be
less than $2,000,000, or the equivalent. Annual aggregate limit may not be less than$2,000,000 and
filed on a"claims-made" form.
C. Commercial Automobile Insurance
Contractor must also obtain, at Contractor's expense, and keep in effect during the term of the
contract, Commercial Automobile Liability coverage including coverage for all owned, hired, and
non-owned vehicles on an "occurrence" form. The Combined Single Limit per occurrence may
not be less than $2,000,000.
If Contractor uses a personally-owned vehicle for business use under this contract,the Contractor
will obtain, at Contractor's expense, and keep in effect during the term of the contract, business
automobile liability coverage for all owned vehicles on an "occurrence" form. The Combined
Single Limit per occurrence may not be less than $2,000,000.
D. Workers' Compensation Insurance
The Contractor, its subcontractors, if any, and all employers providing work, labor, or materials
under this Contract that are subject employers under the Oregon Workers' Compensation Law
must comply with ORS 656.017,which requires them to provide workers' compensation coverage
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that satisfies Oregon law for all their subject workers. Out-of-state employers must provide
Oregon workers' compensation coverage for their workers who work at a single location within
Oregon for more than 30 days in a calendar year. Contractors who perform work without the
assistance or labor of any employee need not obtain workers' compensation coverage. All non-
exempt employers must provide Employer's Liability Insurance with coverage limits of not less
than $1,000,000 each accident.
E. Additional Insured Provision
All required insurance policies, other than Workers' Compensation and Professional Liability,
must name the City its officers, employees,agents,and representatives as additional insureds with
respect to this Agreement.
F. Extended Reporting Coverage
If any of the required liability insurance is arranged on a "claims-made" basis, Extended Reporting
coverage will be required at the completion of this contract to a duration of 24 months or,if less than
24 months, the maximum time-period Contractor's insurer will provide. Contractor will be
responsible for furnishing certification of Extended Reporting coverage as described or continuous
"claims-made"liability coverage for 24 months following contract completion. Continuous"claims-
made" coverage will be acceptable in lieu of Extended Reporting coverage, provided its retroactive
date is on or before the effective date of this contract. Coverage will be endorsed to provide a"per
project"aggregate.
G. Insurance Carrier Rating
Coverages provided by the Contractor must be underwritten by an insurance company deemed
acceptable by the City. All policies of insurance must be written by companies having an A.M.
Best rating of "A-VII" or better, or equivalent. The City reserves the right to reject all or any
insurance carrier(s) with an unacceptable financial rating.
H. Self-Insurance
The City understands that some contractors may self-insure for business risks and the City will
consider whether such self-insurance is acceptable if it meets the minimum insurance requirements
for the type of coverage required. If Contractor is self-insured for commercial general liability or
automobile liability insurance, Contractor must provide evidence of such self-insurance.
Contractor must provide a Certificate of Insurance showing evidence of the coverage amounts on
a form acceptable to the City. The City reserves the right in its sole discretion to determine
whether self-insurance is adequate.
I. Certificates of Insurance
As evidence of the insurance coverage required by the contract, Contractor will furnish a
Certificate of Insurance to the City. No contract is effective until the required Certificates of
Insurance have been received and approved by the City. The certificate will specify and document
all provisions within this contract and include a copy of Additional Insured Endorsement. A
renewal certificate will be sent to the below address prior to coverage expiration.
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J. Primary Coverage Clarification
The parties agree that Contractor's coverage is primary to the extent permitted by law. The parties
further agree that other insurance maintained by the City is excess and not contributory insurance
with the insurance required in this section.
K. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in the general liability policy
required by this Agreement.
A certificate in form satisfactory to the City certifying to the issuance of such insurance will be
forwarded to:
City of Tigard
Attn: Contracts and Purchasing Office
13125 SW Hall Blvd.
Tigard, Oregon 97223
OR
ContractsPurchasing(,tiga� r�d-or.gov
At the discretion of the City, a copy of each insurance policy, certified as a true copy by an
authorized representative of the issuing insurance company, may be required to be forwarded to
the above address.
Such policies or certificates must be delivered prior to commencement of the work. The procuring
of such required insurance will not be construed to limit Contractor's liability hereunder.
Notwithstanding said insurance, Contractor is obligated for the total amount of any damage,
injury, or loss caused by negligence or neglect connected with this Agreement.
L. Excess Policy Provision
The limits required herein may be satisfied with a combination of primary and excess policies.
10. Method & Place of Submitting Notice, Bills, and Payments
All notices, bills and payments will be made in writing and may be given by personal delivery,mail, or
by fax. Payments may be made by personal delivery, mail, or electronic transfer. The following
addresses will be used to transmit notices, bills, payments, and other information:
CITY OF TIGARD OF WEST YOST ASSOCIATES
Attn: Shasta Billings-Beck Attn: Daphne Marcyan
Address: 13125 SW Hall Blvd Address: 5 Centerpointe Drive, Suite 130
Tigard, OR 97223 Lake Oswego, OR 97035
Phone: (503) 718-2698 Phone: (503) 451-4500
Email: shastabkdgard-or.gov Email: dmarc angwestyost.com
Notice will be deemed given upon deposit in the United States mail, postage prepaid, or when so
faxed,upon successful fax. In all other instances,notices, bills and payments will be deemed given at
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the time of actual delivery. Changes may be made in the names and addresses of the person to who
notices, bills, and payments are to be given by giving written notice pursuant to this paragraph.
11. Survival
The terms, conditions, representations, and warranties contained in this Agreement survive the
termination or expiration of this Agreement.
12. Merger
This writing is intended both as a final expression of the Agreement between the parties with respect
to the included terms and as a complete and exclusive statement of the terms of the Agreement. No
modification of this Agreement will be effective unless and until it is made in writing and signed by
both parties.
13. Termination Without Cause
At any time and without cause, City has the right in its sole discretion to terminate this Agreement by
giving notice to Contractor. If City terminates this Agreement pursuant to this paragraph, City will
pay Contractor for services rendered to the date of termination.
14. Termination for Cause
A. City may terminate this Agreement effective upon delivery of written notice to Contractor, or at
such later date as may be established by City, under any of the following conditions:
1) If City funding from federal, state, local, or other sources is not obtained and continued at
levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement
may be modified to accommodate a reduction in funds.
2) If Federal or State regulations or guidelines are modified, changed, or interpreted in such a
way that the services are no longer allowable or appropriate for purchase under this
Agreement.
3) If any license or certificate required by law or regulation to be held by Contractor, its
subcontractors, agents, and employees to provide the services required by this Agreement is
for any reason denied, revoked, or not renewed.
4) If Contractor becomes insolvent,if voluntary or involuntary petition in bankruptcy is filed by
or against Contractor, if a receiver or trustee is appointed for Contractor, or if there is an
assignment for the benefit of creditors of Contractor.
Any such termination of this Agreement under paragraph (A) will be without prejudice to any
obligations or liabilities of either party already accrued prior to such termination.
B. City, by written notice of default (including breach of contract) to Contractor, may terminate the
whole or any part of this Agreement:
1) If Contractor fails to provide services called for by this Agreement within the time specified,
or
2) If Contractor fails to perform any of the other provisions of this Agreement,or fails to pursue
the work as to endanger performance of this Agreement in accordance with its terms, and
after receipt of written notice from City, fails to correct such failures within ten (10) days or
such other period as City may authorize.
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The rights and remedies of City provided above related to defaults (including breach of contract)
by Contractor are not exclusive and are in addition to any other rights and remedies provided by
law or under this Agreement.
If City terminates this Agreement under paragraph (B), Contractor will be entitled to receive as
full payment for all services satisfactorily rendered and expenses incurred, provided, that the City
may deduct the amount of damages, if any, sustained by City due to breach of contract by
Contractor. Damages for breach of contract include those allowed by Oregon law, reasonable
and necessary attorney fees, and other costs of litigation at trial and upon appeal.
15. Access to Records
City will have access to such books, documents, papers and records of Contractor as are directly
pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts.
16. Hazardous Materials
Contractor will comply with all federal Occupational Safety and Health Administration (OSHA)
requirements and all Oregon safety and health requirements. In accordance with OSHA and Oregon
OSHA Hazard Communication Rules, if any goods or services provided under this Agreement may
release, or otherwise result in an exposure to, a hazardous chemical under normal conditions of use
(for example, employees of a construction contractor working on-site), it is the responsibility of
Contractor to provide the City with the following information: all applicable Safety Data Sheet, the
identity of the chemical/s, how Contractor will inform employees about any precautions necessary,
an explanation of any labeling system, and the safe work practices to prevent exposure. In addition,
Contractor must label,tag, or mark such goods.
17. Force Majeure
Neither City nor Contractor will be considered in default because of any delays in completion and
responsibilities hereunder due to causes beyond the control and without fault or negligence on the
part of the parties so disenabled, including but not restricted to, an act of God or of a public enemy,
civil unrest,volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight
embargo,unusually severe weather or delay of subcontractor or supplies due to such cause;provided
that the parties so disenabled will within ten (10) days from becoming aware of such delay, notify the
other party in writing of the cause of delay and its probable extent. Such notification will not be the
basis for a claim for additional compensation. Each party will, however, make all reasonable efforts
to remove or eliminate such a cause of delay or default and will,upon cessation of the cause,diligently
pursue performance of its obligation under the Agreement.
18. Non-Waiver
The failure of City to insist upon or enforce strict performance by Contractor of any of the terms of
this Agreement or to exercise any rights hereunder should not be construed as a waiver or
relinquishment to any extent of its rights to assert or rely upon such terms or rights on any future
occasion.
19. Hours of Labor,Pay Equity
In accordance with ORS 279B.235, the following are hereby incorporated in full by this reference:
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A. Contractor may not employ an individual for more than 10 hours in any one day, or 40 hours in
any one week, except as provided by law. For contracts for personal services, as defined in ORS
279A.055, Contractor must pay employees at least time and a half pay for all overtime the
employees work in excess of 40 hours in any one week, except for employees who are excluded
under ORS 653.010 to 653.261 or under 29 U.S.C. 201 to 209 from receiving overtime.
B. Contractor must give notice in writing to employees who work on a public contract, either at the
time of hire or before commencement of work on the contract,or by positing a notice in a location
frequented by employees, of the number of hours per day and days per week that the employees
may be required to work.
C. Contractor may not prohibit any of Contractor's employees from discussing the employee's rate
of wage, salary,benefits or other compensation with another employee or another person and may
not retaliate against an employee who discusses the employee's rate of wage, salary, benefits or
other compensation with another employee or another person.
D. Contractor must comply with the pay equity provisions in ORS 652.220. Compliance is a material
element of this Agreement and failure to comply will be deemed a breach that entitles City to
terminate this Agreement for cause.
20. Non-Discrimination
Contractor will comply with all federal, state, and local laws, codes, regulations, and ordinances
applicable to the provision of services under this Agreement,including,without limitation:
A. Title VI of the Civil Rights Act of 1964;
B. Section V of the Rehabilitation Act of 1973;
C. The Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act
(ADAAA) of 2008 (Pub L No 101- 336); and
D. ORS 659A.142,including all amendments of and regulations and administrative rules,and all other
applicable requirements of federal and state civil rights and rehabilitation statutes, rules and
regulations.
21. Errors
Contractor will perform such additional work as may be necessary to correct errors in the work
required under this Agreement without undue delays and without additional cost.
22. Extra Work, Changes
Only the City's Project Manager for this Agreement may change or authorize additional work. Failure
of Contractor to secure authorization for extra work constitutes a waiver of all right to adjust the
contract price or contract time due to such unauthorized extra work and Contractor will not be entitled
to compensation for the performance of unauthorized work.
23. Warranties
Contractor guarantees that professional services will be performed to the applicable Standard of Care.
The Standard of Care is defined as the professional skill and care ordinarily provided by firms
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practicing in the same or similar locality under the same or similar circumstances. Neither acceptance
of the work nor payment therefore relieves Contractor from liability under warranties contained in or
implied by this Agreement. Any term or condition purporting to require Contractor to provide an
express or implied warranty or guarantee relative to its provision of professional services shall be
interpreted as limiting Contractor's professional services obligation to compliance with the Standard
of care stated herein.
Any intellectual property rights delivered to the City under this Agreement and Contractor's services
rendered in the performance of Contractor's obligations under this Agreement, will be provided to
the City free and clear of any and all restrictions on or conditions of use, transfer, modification, or
assignment, and be free and clear of any and all liens, claims, mortgages, security interests, liabilities,
charges, and encumbrances of any kind.
24. Attorney's Fees
In the event an action, suit of proceeding, including appeal, is brought for failure to observe any of
the terms of this Agreement, each party is responsible for that party's own attorney fees, expenses,
costs and disbursements for the action, suit,proceeding, or appeal.
25. Choice of Law,Venue
The provisions of this Agreement are governed by Oregon law. Venue will be the State of Oregon
Circuit Court in Washington County or the U.S. District Court for Oregon,Portland.
26. Compliance with State and Federal Laws/Rules
Contractor will comply with all applicable federal,state and local laws,rules and regulations applicable
to the work in this Agreement.
27. Conflict Between Terms
In the event of a conflict between the terms of this Agreement and Contractor's proposal, this
Agreement will control. In the event of conflict between a provision in the main body of the Agreement
and a provision in the Exhibits, the provision in the main body of the Agreement will control. In the
event of an inconsistency between Exhibit A and Exhibit B,Exhibit A will control.
28. Audit
Contractor will maintain records to assure conformance with the terms and conditions of this
Agreement and to assure adequate performance and accurate expenditures within the contract period.
Contractor agrees to permit City,the State of Oregon,the federal government,or their duly authorized
representatives to audit all records pertaining to this Agreement to assure the accurate expenditure of
funds.
29. Severability
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any
court of competent jurisdiction,the validity of the remaining terms and provisions will not be impaired
unless the illegal or unenforceable provision affects a significant right or responsibility,in which case
the adversely affected party may request renegotiation of the Agreement and,if negotiations fail, may
terminate the Agreement.
Page 11
30. Compliance with Tax Laws
Contractor represents and warrants that Contractor is, to the best of the undersigned's knowledge,
not in violation of any Oregon tax laws including but not limited to ORS 305.620 and ORS Chapters
316, 317, and 318. Contractor's failure to comply with the tax laws of this state or a political
subdivision of this state before the Contractor executed this Agreement or during the term of this
Agreement is a default for which the City may terminate this Agreement and seek damages and other
relief available under the terms of this Agreement or applicable law.
IN WITNESS WHEREOF, City and Contractor have caused this Agreement to be executed by their duly
authorized officials.
CITY OF TIGARD WEST YOST
Signature: Signature:
Martha Wine Robert B Ward
Name: Name:
Title:
City Manager Title: Vice President
Date: July 14, 2020 Date: July 14, 2020
Page 12
EXHIBIT A
SCOPE OF SERVICES
America's Water Infrastructure Act of 2018 (AWIA) was signed into law in October of 2018. Under this law,
utilities are required to conduct risk and resilience assessments (RRAs) and prepare or revise emergency
response plans (ERPs). The City of Tigard (City) serves more than 60,000 people in Washington County and
will need to comply with the AWIA requirements by December 31, 2020 for the RRA and June 30, 2021 for
the ERP. Utilities must submit certification statements to the EPA certifying AWIA compliance for both the
RRA and ERP. The following table summarizes the City's compliance deadlines.
Water System ID ID Description RR-A Deadline ERP Deadhne
OR4100878 City of Tigard 12/2020 6/2021
AWIA is not prescriptive on how regulatory compliance is achieved. Contractor will work with the City to
use historical and concurrent work to achieve compliance and follow the J100 framework.These feed directly
into multiple RRA/ERP tasks,primarily the asset characterization and cyber-RRA tasks.
The City has both aging and modern water infrastructure and facilities and has historically had a third-party
contractor maintain its SCADA system. Contractor has industry leading cybersecurity expertise and
relationships that will enable a collaborative approach with City IT and SCADA staff to evaluate compliance
with AWIA.
Contractor will leverage our partnership with Idaho National Laboratory (INL) on behalf of the City. This
includes Cyber-Informed Engineering (CIE) which is aimed at implementing engineering controls to reduce
cyber-risk. This is the future of cybersecurity and Contractor will integrate these principles into all efforts
completed.
Workshops and Stakeholder Engagement
Staff expertise is key to the best possible assessment. For this reason,Contractor's workshops are designed to
be interactive and collaborative.
The following workshops are anticipated:
• Workshop 1 —Asset and Threat Characterization (Task 3.)
• Workshop 2—Cyber-RRA (Task 4).
• Workshop 3—Analysis of Consequences,Vulnerability and Likelihood (Task 5).
• Workshop 4—Threat Risk and Resilience Management Strategy Development (Task 6).
• Workshop 5—Emergency Response Planning (Task 7).
The workshops will provide the opportunities for Engineering, Operations, IT and Management staff to
become practiced in building and maintaining compliance relative to the AWIA requirements, and more
generally build understanding of the different types of risks to the City's water system and source of supply.
Page 13
PANDEMIC CONSIDERATIONS
Many of the tasks detailed below may be conducted remotely or with social distancing measures. Generally
speaking, workshops and meetings can be completed either remotely or with social distancing measures in
place. If social distancing measures are used,the meeting room provided by the City must be sufficiently large
to accommodate the meeting attendees safely. Site visits may be conducted with a combination of social
distancing measures and personal protective equipment(e.g., face masks) as agreed upon by the project team.
APPROACH AND SCOPE OF SERVICES
Contractor will take an all hazards approach to address the full range of potential threats and hazards,including
malevolent acts, natural hazards, dependency hazards, and proximity hazards approach that considers
prevention,protection,preparedness, response, and recovery needs.
The following section provides Contractor's approach for preparing an AWIA compliant RRA and ERP effort
based on AWIA requirements. The scope of services is divided into three parts and seven tasks.
Part 1—Preliminary Activities
Task 1. Project Initiation and Project Management.
Task 2. Kick-Off Meeting, Staff Interviews and Site Visits.
Part 2—Risk and Resilience Assessment
Task 3. Asset and Threat Characterization.
Task 4. Cyber-RRA.
Task 5. Analysis of Consequences,Vulnerability and Likelihood.
Task 6. Risk&Resilience Assessment Summary Report.
Part 3—Emergency Response Planning
Task 7. Emergency Response Plan.
PART 1. PRELIMINARY ACTIVITIES
Task 1. Project Initiation and Project Management
Task 1 includes initiating the project with the city project manager and the monthly project management
activities for the duration of the project term.
Task 1.1 Project Initiation
The project will start with a Project Initiation conference call with the City's project manager and the
Contractor project manager.
Prior to the Project Initiation meeting, Contractor will prepare and submit an initial data request and will also
prepare a Project Initiation meeting agenda.
Page 14
During the Project Initiation meeting Contractor will review the overall project work plan and schedule,clarify
any questions related to the data request, review the data submittal tracking log, and discuss logistics for site
visits and staff interviews. At this meeting, Contractor will also prepare for the first series of workshops,
identify the City's stakeholder group members,identify staff for interviews, and set dates for workshops and
project review calls.
After the call, Contractor will prepare a meeting summary, maintain the data submittal tracking log, and send
meeting invitations for Workshops 1 and 2.
Task 1.2 Project Management
Contractor's Project Manager, Daphne Marcyan, will be the primary point-of-contact and attendee at all
meetings. Additional Contractor team members will attend as needed.
Contractor will monitor and control the project to maintain the project schedule, scope and budget.Achieving
these goals will help ensure the City meets the compliance deadlines. Activities include project review calls
with the City's project manager, Contractor's internal project controls, monthly invoices that will include a
brief summary of work completed during the billing period and management of the project team. The budget
assumes approximately ten months of activity.
Deliverables:
• Schedule in Microsoft Project.
• Monthly invoices,progress schedules and reports for the duration of the project.
• Agendas and meeting summaries for all meetings and workshops.
• Decision log/risk register.
• Coordinate, track and implement RRA and ERP Review Comments.
• Project files and documents.
Task 2. Kickoff Meeting, Staff Interviews, and Site Visits
Contractor will facilitate an on-site Kickoff Meeting,interview staff,and conduct site visits.
Task 2.1 Kickoff Meeting with Internal Stakeholders
The Kick-Off meeting is a multi-purpose meeting. First,it will introduce the AWIA and RRA requirements
to the City's stakeholder group members. Second, is to review the approach to comply with the AWIA and
the roles the stakeholders have in the process.Third is to confirm the City's mission and service levels. Fourth
is to prioritize critical facilities and customers. Fifth is to have discussions for Contractor to gain an
understanding of local historical occurrence and impacts from threats and hazards.
Task 2.2 Site Visits and Staff Interviews
Contractor will conduct site visits to facilities most critical to the City's operations and/or are representative
of a certain type of facility that is duplicated at numerous locations, such as ASR sites, pump stations, and
reservoirs. Contractor will focus on visiting sites with city engineering and operations staff that may be more
vulnerable to site specific threats and hazards.During these site visits,we will evaluate the site-specific threats
and hazards, review vulnerabilities, and note mitigation and countermeasures that are already in place. These
Page 15
site visits will be facilitated by City staff. Photos may be collected if authorized by the City, adhering to the
safety measures and the City's social distancing guidelines as detailed above.
Interviews are often an excellent way to collect data for use within an RRA and ERP. Interviews may be
conducted in person or by telephone, in a one-on-one format or small group setting depending on the staff
roles and responsibilities. To the extent possible, interviews will be incorporated into site visits. Interviews
will inform both the RRA and ERP.
PART 2. RISK AND RESILIENCE ASSESSMENT
Voluntary Consensus Standards
The City plans to use J100 as the key standard which aligns with Contractor's approach of using AWWA
standards to conduct the RRA.The scope of services reflects the methodologies and requirements established
in the following AWWA voluntary consensus standards:
• AWWA J100-10 — Risk Analysis and Management for Critical Asset Protection Standard for Risk and
Resilience Management of Water and Wastewater Systems 0100 Standard). AWWA is currently updating
the J100 Standard. Contractor has received an advanced copy of the standard and will incorporate any
changes made by AWWA into the project delivery.
• AWWA G300-14—Source Water Protection and associated G300 Operational Guide (G300 Standard).
• AWWA G430-14—Security Practices for Operation and Management (G430 Standard).
• AWWA Cybersecurity Tool and Guidance.
• AWWA G440-17—Emergency Preparedness Practices.
• AWWA M19 —Emergency Planning for Water and Wastewater Utilities, 5th Edition.
These AWWA standards represent risk and resilience management and emergency preparedness best practices
for the water sector. Following these standards generally demonstrates due diligence.
In addition to the AWWA standards, standards from outside the water utility industry will be considered as
needed to provide a more comprehensive review. These standards include, but are not limited to:
• EPA Baseline Information Document on Malevolent Acts for Community Water Systems.
• Idaho National Laboratory's Cyber-Informed Engineering.
• National Incident Management System (NIMS.)
• Developing and Maintaining Emergency Operations Plans—Comprehensive Preparedness Guide (CPG)
10.1
Task 3. Asset and Threat Characterization
Asset characterization is the first step in AWWA's J100 Standard. Contractor will assist the City to verify and
prioritize critical facilities and assets from the City's Bonita Pump Station to the Menlor Reservoir.
Contractor's staff are familiar with the City's water system. The LO-T threat asset work on the Clackamas
River supply will be used as a starting point for this element of the Tigard RRA. Therefore,we will identify a
preliminary list of critical facilities and assets for review during Workshop 1.
Page 16
Workshop 1 will cover both J100 Step 1 —Asset Characterization and J100 Step 2—Threat Characterization.
The outcome of this workshop will be a list of threat-asset pairs that will continue for analysis into the next
task.This list will be the starting point of the remainder of the analysis. Contractor will document discussions
and decisions from Workshop 1 prior to moving on to the following steps of the analysis.
A multi-step process is used to identify critical assets. The asset characterization process is summarized in the
following steps:
• Identify priority facilities.
• Develop a list of critical assets within the priority facilities.
• Identify existing protective countermeasures and mitigation measures/features.
• Estimate the worst reasonable consequences resulting from the destruction or loss of each asset (without
regard to the threat).
• Estimate qualitative consequence of loss. This will provide the basis for the more detailed consequence
analysis conducted under Task 5.
• Prioritize critical facilities/assets based on estimated consequences.
The purpose of asset characterization is to identify priority facilities and critical assets that will be further
assessed in subsequent steps.
A list of critical customers such as hospitals, major business, or government facilities will also be drafted and
prioritized.Initial considerations on regional resilience and cascading effects will be prepared for the workshop
discussion as these elements are part of defining the priority facilities and critical assets.
During Workshop 1, attendees will validate the prioritization of facilities completed by Contractor and
subsequently prioritize the critical assets. Following the workshop, the Contractor will provide the list of
Critical Assets as identified by the City.
Once critical assets are identified, the threats/hazards that could potentially impact each asset will be
defined. During this portion of Workshop 1,the group will:
• Agree on the insider/outsider physical and cyber malicious adversary attributes.
• Determine relevant natural hazards to be analyzed further within the RRA.
• Identify dependency and proximity hazards such as power, chemicals, key suppliers, critical employees,
transportation, and proximity to dangerous neighboring sites.
• Discuss finished water/distribution system contamination threats.
• Review and discuss local historical occurrences of threats and hazards and their associated impacts to the
City's water system.
The information from Workshop 1 will be used by Contractor to develop scenarios for subsequent analysis
in Workshop 3, Analysis of Consequences, Vulnerability and Likelihood. Contractor will document
discussions and decisions from Workshop 1 in the RRA Summary Report.
Page 17
Task 4. RRA Cybersecurity Assessment
Under this task, Contractor will evaluate the City's "electronic, computer, or other automated systems" as
required by AWIA. This includes the billing system, business network, SCADA and access controls. The
cyber-RRA requires a different set of stakeholders and engagement with those stakeholders. In addition, this
task is focused on technology,which the City relies on,but relatively few staff are responsible for. To include
all internal stakeholders in cyber-RRA discussions is likely an inefficient use of staff time. Therefore, this task
includes task-specific stakeholder engagement,including meetings, site-visits, a workshop, and interviews.
To facilitate this task, Contractor will use the AWWA Cybersecurity Guidance and Tool (AWWA Tool).The
AWWA Tool is the standard for cybersecurity in the sector and generates an easy-to-use output for building
a cybersecurity improvement plan. This output will be integrated directly into Task 8 Risk and Resilience
Management Strategy Development. All of these efforts will build on recent cybersecurity assessment work
the City has done.
Task 4.1. Cyber-RRA Interviews and Site Visits
Contractor will conduct a cyber-RRA specific introductory meeting during the same week as the project
Kick-Off meeting. Topics will be focused on the IT and SCADA components of the AWIA compliance
requirements. Cyber-RRA site visits will follow the introductory meeting. This will allow us to integrate
interviews into the site visits. During these site visits, Contractor will develop a high-level understanding of
the City's IT and SCADA systems to support further evaluation.
Task 4.2. Workshop 2- Cybersecurity Controls Assessment
Following the site visits and interviews conducted under Task 4.1, Contractor will facilitate Workshop 2 —
Cyber-RRA. This will be done using the AWWA Tool to evaluate the City's current cybersecurity practices.
The workshop participants will compare the existing system controls with the recommended Priority 1
controls generated by the AWWA Cybersecurity Tool.Recommended controls that are not in place or require
improvements will be identified.
The output from the AWWA Tool is a prioritized list of Priorities 1 through 4 recommended cybersecurity
controls based on industry standards including the National Institute of Standards and Technology (NIST)
Cybersecurity Framework v1.1.The workshop will serve to train staff on the use of the AWWA Tool to allow
staff to continue use of the Tool as improvements and changes to the system are implemented.
Contractor will also introduce Idaho National Lab's Consequence Informed Engineering (CIE) framework to
the City.This will include a discussion of how to leverage CIE within the context of water sector best practices
(e.g. J100, AWWA Tool, etc.) to produce engineering-based risk and resilience management strategies
specifically targeted to improve cyber-resilience.
Contractor will prepare a Cyber-RRA Summary that documents the findings and outcomes of Task 4. The
Cyber-RRA work products will be integrated into the RRA Report. The Cyber-RRA work will be done in
parallel with the other tasks and will begin alongside Task 3. It is estimated that Workshop 2— Cyber-RRA
will last 4 hours.
Page 18
Task 5. Analysis of Consequences,Vulnerability, and Likelihood
To complete the RRA, risk will be calculated for each threat-asset pair that is produced in Task 3. Task 5
consists of quantifying the three variables needed for the J100 risk calculation.The three parameters are:
• The consequences of a threat or hazard to an asset.
• The vulnerability of an asset to a threat or hazard.
• The likelihood of a threat or hazard occurring.
The consequence analysis is done in multiple steps. First, consequence screening criteria are developed and
applied to each of the threat-assets pairs from Task 3. The threat-asset pairs are screened in Workshop 3 to
identify up to 75 priority threat-asset pairs. After the workshop, Contractor will then estimate consequences,
vulnerabilities and threat likelihoods for each threat-asset pair. The information produced in Task 5 will be
used in Task 6 to calculate the baseline risk for each threat-asset pair.
Task 5.1 Workshop 3 - Screening Criteria and Consequence Screening
Contractor will conduct Workshop 3 to define the worst reasonable consequences that may be caused by
relevant threats and hazards on the threat-asset pairs developed in Task 3.2.Prior to the workshop Contractor
will propose preliminary consequence categories. Consequence analysis will be conducted in a workshop
format to build consensus amongst City staff.
During the workshop the group will:
• Review and revise the consequence categories.
• Discuss worst reasonable case assumptions.
• Screen as needed to select the priority threat-asset pairs.
Task 5.2 Consequence Anal
After the workshop Contractor will convert the qualitative consequence ratings to quantitative monetary
estimates for the priority threat-asset pairs. Qualitative consequences will be captured for threat-asset pairs,
as appropriate. The results will be summarized in the RRA Summary Report.
Task 5.3 Vulnerability Analysis
The project team will evaluate the ability of each critical asset and its protective systems to withstand each
specified threat or hazard.Based on site visits and interviews previously completed,Contractor will document
and account for existing protective systems such as: physical security systems,City security procedures, flood
protection,backup generators, and existing emergency response capabilities,plans,and protocols.The results
will be summarized in the RRA Summary Report.
Task 5.4 Threat Likelihood Analysis
Contractor will estimate the threat likelihood (also known as annualized probability or frequency) that a specific
threat or hazard will occur for each threat-asset pair retained for analysis. We will utilize standard information
on frequency and severity from sources such as NOAA, USGS, and DOGAMI,local hazard mitigation plans,
and the EPA. The analysis will also account for the utility-specific threat/hazard occurrence information
Page 19
gathered previously. The results will be documented in a threat likelihood summary table, for integration into
the RRA Summary Report.
Task 6. Risk& Resilience Assessment Summary Report
Using the consequences, vulnerabilities, and threat likelihoods estimated in Task 5, the overall risk and
resilience (financial and operational) of the utility may be evaluated. The results and the work conducted in
this project will be summarized in the RRA Summary Report.
Task 6.1 Calculate Risk and Resiliency
Contractor will calculate risk and resilience for each priority threat-asset pair using the following equation
from J 100:
Risk = Consequences x Vulnerability x Threat Likelihood (C x V x T)
Contractor will also complete the resilience calculations and Utility Resilience Index, as presented in J100.
Task 6.2 Risk and Resilience Mitigation Strategy Development
Contractor will include the following sections of the AWIA §2013 "(b) Emergency Response Plan" be
incorporated into the City's RRA:
"(9) strategies and resources to improve the resilience of the system, including the physical security and gbersecurity of the
system;"
"(3) actions,procedures, and equipment which can obviate or signcantly lessen the impact of a malevolent act or natural
hazard on the public health and the safety and supply of drinking waterprovided to communities and individuals, including
the development of alternative source water options, relocation of water intakes, and construction of flood protection barriers;
and"
"(4)strategies that can be used to aid in the detection of malevolent acts or natural hazards that threaten the security or resilience
of the system."
This strategy is consistent with the seventh and final step of the J100 Standard—Risk and Resilience
Management.
Task 6.2.1 Risk and Resilience Management Strategy Development
Once the risks have been calculated, a risk threshold will be determined. Risk and resilience management
strategies will be developed to reduce the risk of any threat-asset pairs with risk values exceeding this threshold.
Risk and resilience management strategies may include physical security or cybersecurity upgrades, natural
hazard mitigation, training, policy/procedure changes, monitoring strategies, and operational/financial
changes that can make the City more resilient.
The budget assumes that the Contractor will develop an inventory of risk and resilience management
strategies. During workshop 4, the project team will prioritize strategies and estimate the associated risk
reduction with each.Additional details will be provided for the three highest priority strategies.
Page 20
Task 6.3 Draft Risk and Resilience Assessment Summary Report
Contractor will prepare a draft Risk and Resilience Assessment Summary Report that summarizes the tasks
conducted during this project, the results of the workshops and analyses, and the risk and resilience
calculations. The cyber-RRA and results will also be incorporated into this report. The report will be of
sufficient depth and breadth to document that the City used an all-hazards approach and is in compliance
with the AWIA.
The draft report will be provided to the City for their review. To assist in the City's review, a conference call
will be held for Contractor to walk the City through the report prior to review.
The schedule assumes the City will complete a review of the draft deliverables within three weeks of receipt
of the draft report. The budget assumes the City will provide a single set of collated comments on the draft
report.
Task 6.4 Final Risk and Resilience Assessment Report
Upon receipt of the City's comments,Contractor will revise and finalize the Draft RRA Summary Report.With
completion of this report, the City can certify to the EPA that the City's RRA is complete.
Deliverables:
Draft and Final RRA.
Certification letter for EPA compliance.
Risk and Resilience Management Strategies.
PART 3. EMERGENCY RESPONSE PLANNING
Part 3 includes the tasks related to emergency response planning. As noted in Task 6, the ERP is focused on
response concepts.The City's ERP is very dated and needs significant updates to allow Water staff to respond
more effectively to emergencies. Contractor proposes that the ERP meet AWIA compliance,State of Oregon
compliance, and include best management practices.
Contractor is currently developing ERP's for the Lake Oswego-Tigard Partnership and the City of Lake Oswego.
Given the partnership between the two cities, Contractor understands the need for each City to respond to its
own emergencies in an efficient way to coordinate within their own public works,administrative and engineering
departments. Contractor also understands the need to be able to respond effectively in a Unified Command
Structure, when the partnership cities must work together to maximize resources and coordinate
communications to their respective communities.
Contractor will coordinate the ERP's between the partnership,and City of Lake Oswego, and City of Tigard,
to prepare an ERP that stands alone for the City and yet keeps principles that are universal and can easily be
adapted for a regional event.
In addition, the ERP will be developed using both sector-specific guidance, including AWWA M19:
Emergency Planning for Water and Wastewater Utilities (5th Edition) and G440: Emergency Preparedness
Practices), and practices recommended by the USEPA. The ERP will also be consistent with the all-hazards
approaches and standards established by FEMA and DHS, including CPG-101, the National Response
Framework (NRF) and NIMS.
Page 21
Contractor's approach for developing the ERP is based on three main principles:
• Standards-Based Planning—improves conformity with the standards and ease implementation of the
ERP during an emergency situation.
• Concept of Operations— guides development of the ERP, defines the overall approach to emergency
situations including what should happen,when, and at whose direction.
• Capability-Based Planning—guides development of the ERP to help the City build capacity to take a
specific course of action. Capabilities-based planning answers the question, "Do I have the right mix of
training, organizations, plans, people, leadership and management, equipment, and facilities to perform a
required emergency function?"
Task 7. Emergency Response Plan
Task 7.1 Information Gathering. Gap Analysis and Plan Structure Development
Contractor will carry over the information gathered during the RRA and collect any additional information
required to prepare the ERP. If additional information is collected, Contractor will perform a comprehensive
review of additional documentation. The findings of this review and results from the completed RRA will
help identify focus areas of the ERP.
Contractor will conduct a gap analysis of the City's existing ERP to determine what existing plan data and
information can be used in the ERP update. Given the age of the existing ERP, Contractor will reformat and
modernize the ERP to meet AWIA compliance, State of Oregon compliance, and include best management
practices,where doing so adds immediate value to the ERP.
Concurrent with the identification of any additional information,Contractor will work with the City to identify
key personnel and external stakeholders to serve on the Emergency Planning Team. Team members will be
identified based on their role in and understanding of operations and will serve as reviewers throughout the
emergency planning process. Contractor will also facilitate site visits and teleconferences, as necessary, to vet
emergency procedures and formats with the City and external stakeholders.This coordination will include the
respective local emergency planning committees established with the Emergency Planning and Right
to0Know Act (EPCRA). Contractor will consult the City to validate the proposed format and structure of the
ERP and to confirm the list of incidents, facilities, assets, and systems to be addressed in the ERP.
Based on the findings of the gap analysis tool, Contractor will provide a proposed outline of the AWIA and
State complaint ERP to the City for review. To facilitate review, Contractor will hold a teleconference to
review the outline and receive City feedback. Contractor will prepare a Draft ERP that will be submitted to
the City for review. To facilitate review of the Draft ERP, Contractor will send a review draft of the ERP to
the City prior to Workshop 5,where discussion of markups and comments can be integrated and implemented
efficiently.
Task 7.2 Emergency Response Plan Development
Upon approval of the ERP outline, Contractor will prepare a Draft ERP. The ERP will be developed
according to the standards and principles presented above. The Draft ERP will be submitted to the City to
review and provide feedback. To facilitate review of the Draft ERP, Contractor will host Workshop 5 —
Emergency Response Planning to introduce the structure and content of the ERP to the City's review team.
Page 22
Upon receipt of comments on the Draft ERP, Contractor will review, discuss and incorporate changes into
the final deliverable, as necessary.With completion of the ERP,the City can self-certify to the EPA that their
ERP is complete.
Deliverables:
• Draft and Final Emergency Response Plan.
Certification letter for EPA compliance.
Page 23
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