Loading...
Portland Engineering Inc ~ C210053 CITYOFTIGARD,OREGON-CONTRACTSUMMARYFORM ContractTitle:On-CallWaterSystemEngineerand/orHydrogeologist ofRecord–WaterSystemModeling&AnalysisSCADANumber:C210053 Contractor:PortlandEngineering,IncContractTotal:$NTE 250,000Pertaskorder ContractOverview:PEItoprovideon-callprofessionalengineeringservicesfortheSCADAsystem InitialRiskLevel:ExtremeHighModerateLow RiskReductionSteps: RiskComments: RiskSignature: ContractManager:ShastaBillings-Beck Ext:2798 Department:PW/Engineering Type:PersonalSvcProfessionalSvcPublicImpGeneralSvcCoopPurchase Other: StartDate:February1,2021EndDate:January31,2024 Quotes/Bids/Proposal:FIRM AMOUNT/SCORE Carollo1 WestYost2 Murraysmith3 WaterSystemsConsulting4 PACEEngineers5 Keller&Associates6 AccountString:Fund-Division-AccountWorkOrder–ActivityTypeAmount FY21-24NotencumberedasisOn-CallContract.POwillbeissuedforallwork FY21/22 $ FY22/23 $ FY23/24 $ FY24/25 $ FY25/26 $ Approvals:LCRBDate: DepartmentComments: DepartmentSignature: PurchasingComments: PurchasingSignature: CityManagerComments: CityManagerSignature: City of Tigard | 13125 SW Hall Blvd., Tigard, OR 97223 | (503) 639-4171 | www.tigard-or.gov City Tigard FINANCE AND INFORMATION SERVICES QUALIFICATION -BASED REQUEST FOR PROPOSAL (RFP) ON-CALL WATER SYSTEM ENGINEER, AND/OR HYDROGEOLOGIST OF RECORD RFP 2021-08 Proposals Due: Tuesday, October 27, 2020 - 10:00 a.m. local time Proposer must submit one (1) electronic copy in portable document format (pdf). Submit Proposals To: ContractsPurchasing@tigard -or.gov Direct Questions To: Christine Moody , Purchasing Manager Phone: (503) 718-2415 Email: christine@tigard-or.gov C210053 QBS RFP – 2021-08 On-Call Water System Engineer and/or Hydrogeologist of Record 2 | P a g e TABLE OF CONTENTS TITLE PAGE SECTIONS Section 1 Introduction 3 Section 2 Proposer’sSpecialInstructions 3 Section 3 General Information 6 Section 4 Scope and Schedule of Work 7 Section 5 Proposal Content and Format 9 Section 6 Proposal Evaluation Procedures 12 ATTACHMENTS Attachment A Proposal Certifications Attachment B Signature Page Attachment C Acknowledgement of Addenda Attachment D Statement of Proposal Attachment E City of Tigard Professional Services Agreement QBS RFP – 2021-08 On-Call Water System Engineer and/or Hydrogeologist of Record 3 | P a g e SECTION 1 The City of Tigard is seeking sealed proposals from experienced firms capable of providing on -call Engineer and/or Hydrogeologist ofRecordservicesforTigard’sWaterSystem.The City anticipates selecting one Contractor for each category. Proposers capable of providing services in multiple categories may be selected for multiple categories. By agreeing to execute an on -call agreement with the City, Contractor understands that there is no guarantee of any dollar value of work, and that the City retains the sole right to select for any individual project or task. Proposers are required to certify non -discrimination in employment practices and identify resident status as defined in ORS 279A.120. Pre-qualification of prop osers is not required. All proposers are required to comply with the provisions of ORS and LCRB Policy. The City may reject any proposal not in compliance with all prescribed public bidding procedures and requirements and may reject for good cause any or all proposals upon a finding of the City if it is in the public interest to do so. SECTION 2 A.PROPOSED TIMELINES Monday, October 5, 2020 Advertisement and Release of RFP Tuesday, October 27, 2020 – 10:00 a.m. Deadline for Submission of Proposals TBD Interviews (if necessary) TBD Award of Contract by LCRB TBD Commencement of Services NOTE: TheCityreservestherighttomodifythisscheduleattheCity’sdiscretion. B.GENERAL By submitting a proposal, the Proposer certifies that the proposal has been arrived at independently and has been submitted without any collusion designed to limit competition. C.PROPOSAL SUBMITTAL The proposal and all addenda must be signed and submitted no later than 10:00 a.m., Tuesday, October 27, 2020, to the email address ContractsPurchasing@tigard-or.gov. The proposal response will be in a font size no smaller than 11-point and shall not exceed 20 pages. The title page, transmittal letter, table of contents, personnel resumes or required forms (Attachments A - D) will not be considered in the total pages submitted for the purposes of the 20 -page limit. Proposals will be considered time-stamped and received by the City when they are received in the email inbox listed above. To assure that your Proposal receives priority treatment, please mark the email subject line as follows: RFP 2021-08 On -Call Water System Engineer and/or Hydrogeologist of Record Proposers must include their name and address and contact information in the body of the email. It is theProposer’sresponsibilitytoensurethatproposalsarereceivedpriortothestatedsubmission deadline. Late proposals may not be considered, it is the City’s sole discretion to accept or reject a late proposal. QBS RFP – 2021-08 On-Call Water System Engineer and/or Hydrogeologist of Record 4 | P a g e D.PROTEST OF SCOPE OF WORK OR TERMS A Proposer who believes any details in the scope of work or terms detailed in the proposal packet and sample contract are unnecessarily restrictive or limit competition may submit a protest in writing, to the Contracts and Purchasing Office. Any such protest shall include the reasons for the protest and detail any proposed changes to the scope of work or terms. The City will respond to any protest and, if necessary, issue appropriate revisions, substitutions, or clarification via addenda to all interested Proposers. To be considered, protests must be received at least seven (7) days before the proposal closing date. The City will not consider any protest against award due to the content of proposal scope of work or contract terms submitted after the established protest deadline. All protests should be directed to the attention of Christine Moody, Purchasing Manager, at christine@tigard-or.gov. If a protest is received in accordance with the section above, the proposal opening date may be extended if necessary, to allow consideration of the protest and issuance of any necessary addenda to the proposal documents. E.PRE-SUBITTAL MEETING There is no pre-proposal meeting scheduled for this RFP. F.PROPOSAL SUBMISSION AND SIGNING All requested forms and attachments (Proposal Certifications, Signature Page, Acknowledgment of Addenda, Statement of Proposal, etc.) must be submitted with the Proposal and in the required format. The submission and signing of a proposal shall indicate the intention of the firm to adhere to the provisions described in this RFP. G.COST OF PREPARING A PROPOSAL The RFP does not commit the City to paying any costs incurred by Proposer in the submission or presentation of a proposal or in making the necessary studies for the preparation thereof. H.INTERPRETATIONS AND ADDENDA All questions regarding this project proposal shall be directed to Christine Moody , Purchasing Manager . If necessary, interpretations or clarifications in response to such questions will be made by issuance of an “Addendum” to all prospective Proposers within a reasonable time prior to proposal closing, but in no case less than seventy-two (72) hours befor e the proposal closing. If an addendum is necessary after that time, the City, at its discretion, can extend the closing date. Any Addendum issued, as a result of any change in the RFP, must be acknowledged by submitting the “Acknowledgment of Addenda”with proposal. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. I.BUSINESS LICENSE/FEDERAL TAX ID REQUIRED The City of Tigard Business License is required. Chapter 5.4 of the Tigard Municipal Code states any business doing business in the City of Tigard shall pay a City of Tigard Business License. Successful Proposer will be required to present a copy of their City of Tigard Business License at the time of contract execution. Successful Proposer shall also complete a W-9 form for the City at the time of contract execution. J.CITY’SPROJECTMANAGER TheCity’sProjectManagerforthisworkwillbeShasta Billings-Beck, Senior Project Engineer. QBS RFP – 2021-08 On-Call Water System Engineer and/or Hydrogeologist of Record 5 | P a g e K.PROPOSAL VALIDITY PERIOD Each proposal shall be irrevocable for a period of one hundred twenty days (120) days from the proposal submission deadline. L.FORM OF CONTRACT A copy of the City's standard professional services agreement, which the City expects the successful firm or individual to execute, is included as “Attachment E”. The contract will incorporate the terms andconditionsfromthisRFPdocumentandthesuccessfulproposer’sresponsedocuments.Firms taking exception to any of the contract terms shall submit a protest or request for change in accordance withSection2.D“ProtestofScopeofWorkorTerms”ortheirexceptionswillbedeemedimmaterial and waived. M.TERM OF CONTRACT The term of the contract shall be a period of three (3) years with the mutual option to renew for up to two (2) additional years. The total term of the contract cannot exceed five (5) years. N.NON-COLLUSION Proposer certifies that this proposal had been arrived at indepen dently and has been submitted without collusion designed to limit independent bidding or competition. O.INTERGOVERNMENTAL COOPERATIVE PURCHASING The firm submitting a proposal agrees to extend identical services under the same terms and conditions to all pu blic agencies in the region. Examples of work projects stated in this solicitation reflect the City of Tigard usage only. Each participating agency shall execute its own contract with the selected proposers for its requirements. Any proposer, by written notification included with their proposal, may decline to extend the prices and terms of this solicitation to any and/or all other public agencies. P.PUBLIC RECORD All proposal materials submitted shall become the property of the City and is public record unless otherwise specified. A proposal that contains any information that is considered trade secret under ORS 192.345(2) should be segregated and clearly identified as such. This information will be kept confidential and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS 192. The above restrictions may not include any subsequent cost or price information, which must be open to the public. QBS RFP – 2021-08 On-Call Water System Engineer and/or Hydrogeologist of Record 6 | P a g e SECTION 3 GENERAL INFORMATION A.BACKGROUND The City of Tigard owns and operates a public water system which supplies potable water to the Tigard Water Service Area (TWSA), which includes approximately two -thirds of the residents, businesses, and public institutions within the City limits in additio n to the unincorporated area of Bull Mountain, and the cities of King City and Durham, Oregon. The City provides an average of about 6 million gallons of water per day to a population of nearly 64,000 and includes both residential and commercial users. TheCity’sfacilitiesincludeapproximately260milesofpipelines,7pressurezones,14reservoirs,7booster pump stations, and 16 pressure reducing valve (PRV) stations. The reservoirs have a combined storage capacity of 27.48 million gallons. The distribution system also includes 2 aquifer storage and recovery (ASR) wells, miscellaneous vaults, pressure regulators, and appurtenances. B.CATEGORIES OF WORK 1.Water System Modeling & Analysis Analysis, studies, master planning, assist in public involvement, cost estimating, private development review, design, construction services , and operations technical support. 2.Aquifer Storage & Recovery System Analysis, operational planning, assist in public involvement, operations technical support, design, testing, permitting, regulatory water quality reporting, performance tracking, and aquifer storage and recovery design support. 3.Supervisory Control and Data Acquisition (SCADA) System Analysis, planning, design, training, trouble shooting, mainten ance, licensing, radio site survey, and new site integration design . C.NO GUARANTEE OF WORK The City anticipates selecting one Contractor each for the three categories. Contractor selection will be based on the Proposal Evaluation Procedures in Section 6, taking into account the number of Contractors proposingforeachcategory,andtheCity’santicipation of the type and volume of work within each category. Services are requested as the need arises, therefore there is no guarantees as to the actual amount of work, if any, to be assigned under any contract. The cost for services performed under any Task Order may vary depending upon the amount of work estimated for that project . The City reserves the right to solicit and award work using outside of the on-call contracts, as is determined to be in the best interest of the City. D.TASK ORDERS Work performed under the resulting Agreement (s) must be authorized via written Task Order signed by the City and Contractor. The scope of work, schedule, deliverables, and compensation for each project will be defined in the Task Order prior to commencement of the work. Any change to the scope of work, schedule, deliverables, and compensation must be agreed upon by both par ties in writing. Compensation for each Task Order will be determined through negotiation with the Contractor based on the scope of work, the estimated hours for performance of the work and Contractor’s hourly rates. The maximum compensation for a particular Task Order cannot exceed $250,000. QBS RFP – 2021-08 On-Call Water System Engineer and/or Hydrogeologist of Record 7 | P a g e SECTION 4 SCOPE AND SCHEDULE OF WORK The tasks below are intended to indicate the broad and diverse range of services the City may contract for and not necessarily the scope of a typical Task Order. A.PROJECT MANAGEMENT 1.Work scope and proposal development assistance for a particular task order. 2.Prepare and maintain the project schedule and manage consultant staff and subconsultants to meet schedule project milestones. 3.Schedule and conduct project meetings and prepare agendas and meeting notes. 4.Prepare monthly progress reports, invoices, and cost versus budget vs percent complete reports. B.CONCEPT PLANNING AND ENGINEERING 1.Research“as-built”recordsandotherhistoricaldata. 2.Perform technical evaluations, literature research, field investigations, mathematical analyses, computer modeling, permitting agency coordination, and/or other work to determine current conditions and potential constraints and fatal flaws affecting the permitting or constructio n of a future project. 3.Identify and evaluate concept level project alternatives and prepare conceptual designs and cost estimates for future projects. 4.Create project design criteria and/or performance criteria for future projects. 5.Update existing utility master plans. 6.Participate/Lead public meetings to forward conceptual design and solicit public input. C.PRELIMINARY AND FINAL DESIGN 1.Prepare preliminary (30%, 60%) and final (90%) project designs, drawings, and specifications based upon City Standards, Oregon Department of Transportation (O DOT) Standards, Clean Water Services (CWS) Standards and/or other standards, including preparing supplemental general conditions and special provisions. Prepare Engineers Estimates and Bid Documents. 2.Perform specialized fie ld investigations such as soil borings and other geotechnical investigations, water quality sampling, and pipeline condition assessments and leak studies. 3.Conduct design review meetings, document and distribute review comments, and revise designs, drawings, specifications, and contract documents as needed. 4.Perform field and topographic surveys to support concept designs and/or final design and drawing preparation. 5.Prepare environmental reviews and documentation, environmental permit application submittals, and permitting agency coordination. 6.Prepare documents and maps for right-of-way, easement, and property acquisitions, and assist with title work and negotiations. D.CONSTRUCTION ENGINEERING AND FIELD SERVICES 1.Perform surveying services as requested during c onstruction. 2.Perform as-built surveys, establish final survey monuments per Washington County standards, and file official maps with the City or County as needed. 3.Provide on-site engineering and inspection support during construction, including field evaluation of specification compliance, submittal reviews, change order reviews, design revisions, billing and quantity reviews, construction management, and value engineering reviews. 4.Prepare hard copy and electronic as -built record drawings following con struction completion. E.INVESTIGATIONS, STUDIES, ANALYSES AND OTHER CONSULTING 1.Cost of service analyses (e.g., rate studies and evaluations) QBS RFP – 2021-08 On-Call Water System Engineer and/or Hydrogeologist of Record 8 | P a g e 2.Environmental studies, assessments, reports, and submittals such as wetland delineations, mitigation plans, and Joint Permit Applications 3.Regulatory compliance studies and submittals such as Water Management and Conservation Plans, annual water rights reports, and mixing zone studies 4.Seismic and structural analyses 5.Forensic investigations and analyses 6.Computer applications support services (GIS, GPS, AutoCAD). 7.Groundwater 8.SCADA QBS RFP – 2021-08 On-Call Water System Engineer and/or Hydrogeologist of Record 9 | P a g e SECTION 5 PROPOSAL CONTENT AND FORMAT A.FORMAT To provide a degree of consistency in review of the written proposals, firms are requested to prepare their proposals in the standard format specified below. 1.Title Page Proposer should identify the RFP Title, name and title of contact person, address, telephone number, fax number, email address, and date of submission. 2.Transmittal Letter The transmittal letter should be not more than two (2) pages long and should include as a minimum the following: a.AbriefstatementoftheProposer’sunderstandingoftheprojectandservicestobe performed; b.A positive commitment to perform the services as described, the name(s) of the person (s) authorized to represent the Proposer, and their title, address, and telephone number (if different from the individual wh o signs the transmittal letter). 3.Table of Contents The table of contents should include a clear and complete identification by section and page number of the materials submitted. 4.Minimum Qualifications Proposersshalldocumenttheirfirm’sabilitytomeetthefollowingminimumqualifications: a.Ability to provide State of Oregon Registered Professional Engineer or Land Surveyor, or other licensed professional(s) as required for any individual project -specific task. b.Minimum of five (5) years in business providing professional consulting services under the same corporate name, or for recently created or incorporated firms, a minimum of ten years of relevant professional experience for the principal owner of the firm. 5.General Qualifications and Responsiveness a.Provide a general summary of the proposer’s breadth and depth of professional capabilities and experience, including years in business , number and location of branch offices, local office staffing level, and general professional focus. (Optional) Other useful information that may be included in this section includes the total number and type of projects completed in the last ten years a nd the number and type of projects currently under contract. b.Provide the location of the primary office or offices from which work will be performed. c.Provideageneralorganizationalchartandthenumberandtypeofpersonnel(e.g.,“four principal civil engineers,twohydrologists,threeACADtechnicians”)availableatthe primary office or offices from which work will be performed. (No specific names are required). d.Describe Key Management / Project Management personnel longevity, experience with the comp any, and the office out of which they work. e.DescribetheProposer’scontract/taskorderreviewandsignatureprotocols(e.g.,who has authority to sign a not to exceed task order and at what dollar level.) QBS RFP – 2021-08 On-Call Water System Engineer and/or Hydrogeologist of Record 10 | P a g e f.ProvideabriefdescriptionoftheProposer’ssoft ware capabilities, printing/plotting and as-built plotting capabilities, and a written acknowledgement of the City’s electronic deliverable requirements as specified in Item 4 of the contract . For each service category, list the key technical software or other systems that your firm regularly uses to perform work tasks. g.Other information that you believe will assist the City in making its selection. 6.Understanding and Project Management Approach InthissectiondescribeProposer’sunderstanding of, and approach to on -call, task-order based services. Proposers should address the following topics in this section : a.UnderstandingoftheCity’sprograms,policies,decisionmakingprocesses,and organizational structure that creates the need for on -call services. b.General approach and assumptions for developing and negotiating the scope of services and deliverables for a typical task order c.Approach to assigning technical and project management staff to a particular Task Order, performing internal quality assurance/peer review, and completing the identified deliverables on schedule and within budget. Please address the approach to successful and efficient delivery of small to medium sized projects . 7.Category Specific Company Qualifications ThissectionrelatestoProposer’sexperienceandcapacitytoprovidethecategoryspecific services being proposed, as identified in Section 4. For each category, the proposal should provide details on the following: a.A summary table listing example projects with brief descriptions and work categories relevant to those projects that was conducted by the Proposer. b.Detailed information for representative projects, by name, type, location, date, and contract value, performed within the last ten years,whichbestcharacterizethefirm’s experience and qualifications for that category of work. Please include the client contact name, address, phone number and e -mail for each project where possible. Include, as available, the consultant fees and con struction costs for the projects. It is recommended thatthis informationbeprovided in a “cut sheet”format. Please include three to five sample projects for each service category for which your firm would like to be considered. If a sample project can apply to more than one category, just indicate as such. As noted, the cut sheets can be located in the Appendix, and are then subject to the separate page count limitation for the Appendix. c.Key management/project management personnel that were assigned to the representative projects listed and are potentially available for similar assignm ent on City of Tigard projects. d.For work performed for other governmental or quasi-governmental entities under the broad heading of Engineer-of-Record or Hydrogeologist of Record, please provide the dates these arrangements existed, and the types of services performed. e.Reference letters from recent clients (to be provided in the Appendix), may be considered as part of this scoring section. 7.Category Specific Technical Personnel This section relates to the key personnel that would potentially be assigned to a specific task. For each category, the proposal should provide details on the following : QBS RFP – 2021-08 On-Call Water System Engineer and/or Hydrogeologist of Record 11 | P a g e a.Identify department managers / technical leads / key te chnical personnel by name, title, and years of service with the company, what office they work at and where they reside in the organizational structure. Indicate who typically will manage projects like ones described in this RFP. b.For key project managemen t and technical personnel, provide relevant individual project experience, areas of specialization or expertise, awards, registrations and certifications, and overall technical capabilities and competence. (Note: Key technical personnel resumes (if include d in the Appendix) will be evaluated as part of this section.) B.DISPUTES Should any doubt or difference of opinion arise between the City and a Proposer as to the items to be furnished hereunder or the interpretation of the provisions of this RFP, the decision of the City shall be final and binding upon all parties. C.CITY PERSONNEL No Officer, agent, consultant , or employee of the City shall be permitted any interest in the contract. QBS RFP – 2021-08 On-Call Water System Engineer and/or Hydrogeologist of Record 12 | P a g e SECTION 6 A.SELECTION AND EVALUATION PROCESS A selection committee assembled by the City will review the written proposals. After meeting the mandatory requirements and minimum qualifications, the proposals will be evaluated on their technical aspects. The selection committee will select the Proposer(s) which best meets the City's needs based upon its evaluation of all received proposals in accordance with the following criteria: 1.Completed proposal submitted on time Pass/Fail 2.Transmittal letter Pass/Fail 3.Required Forms (Attachments A-D) Pass/Fail 4.Minimum Qualifications Pass/Fail 5.General Qualifications and Responsiveness 10 points 5.Understanding and Project Management Approach 15 points 6.Category Specific Company Qualifications 30 points 7.Category Specific Technical Personnel 30 points TOTAL EVALUATION POINTS 85 POINTS B.PRICE EVALUATION After evaluation of the written proposals, the City will invite up to the three (3) highest ranked Proposers for each category to submit pricing. The cost proposal shall include titles and hourly rates for staff that could work under the resulting contract. An additional 15 points in scoring will be assigned to the cost structure criteria. C.PRESENTATION/INTERVIEW At the option of the City, the City may invite up to the three (3) highest ranked Proposers to make a presentation of their proposal. This will provide an opportunity to clarify and elaborate on the proposal. The City will schedule the time and location of these presentations (if necessary) and notify the selected firms. Should one or more firms be selected for oral interviews, an additional 20 points in scoring will be assigned to the interview process. D.CLARIFICATION OF PROPOSALS The City reserves the right to obtain clarification of any point regarding a proposal or to obtain additional information necessary to properly evaluate a particular proposal. Failure of a Proposer to respond to such a request for additional information or clarification could result in rejection of their proposal. E.PROTEST OF AWARD In accordance with Tigard Public Contracting Rule 30.135, any adversely affected Proposer has seven (7) calendar days from the date of the written notice of award to file a written protest. F.PROPOSAL REJECTION The City reserves the right to: 1.Reject any or all proposals not in compliance with all public procedures and requirements; 2.Reject any proposal not meeting the specifications set forth herein; 3.Waive any or all irregularities in proposals submitted; QBS RFP – 2021-08 On-Call Water System Engineer and/or Hydrogeologist of Record 13 | P a g e 4.Reject all proposals; 5.Award any or all parts of any proposal; and 6.Request references and other data to determine responsiveness. CityofTigard|13125SWHallBlvd.,Tigard,OR97223|(503)639-4171|www.tigard-or.gov ATTACHMENTE CITYOFTIGARD,OREGON PROFESSIONALSERVICESAGREEMENT ON-CALLWATERSYSTEMENGINEERAND/ORHYDROGEOLOGISTOFRECORD SUPERVISORYCONTROL&DATAACQUISITION(SCADA)SYSTEM THISAGREEMENT,madeandenteredintothis6thdayofJanuary,2021,byandbetweentheCityof Tigard, a municipal corporation, hereinafter referred to as the "City," and Portland Engineering, Inc, hereinafterreferredtoasthe"Contractor." RECITALS WHEREAS,theCity’sFiscalYear2020-2021budgetprovidesforOn-CallWaterSystemModeling& Analysisservices;and WHEREAS,theaccomplishmentoftheworkandservicesdescribedinthisAgreementisnecessaryand essentialtotheprogramoftheCity;and WHEREAS,theCitydesirestoengagetheContractortorenderprofessionalOn-CallWaterservicesforthe projectdescribedinthisAgreement,andtheContractoriswillingandqualifiedtoperformsuchservices; THEREFORE,inconsiderationofthepromisesandcovenantscontainedherein,thepartiesherebyagree asfollows: 1.ScopeofServices A.Contractorwillperformprofessionalservicesinaccordancewiththetermsandconditionsset forthherein,andasprovidedinExhibitA,whichisattachedheretoandbythisreferencemadea partofthisAgreement. B.TaskOrders–Detailedstatementsofdiscretework,tasksandtherequiredtimeofperformance forsuchworkwillbesetforthbyindividualTaskOrdersandmustnotexceedTwoHundredFifty ThousandandNo/100Dollars($250,000.00). 1)TaskOrdersmayonlybeissuedwhenthepartieshavenegotiatedallthematerialtermsand conditionsoftheapplicableservicesinadvance,includingwithoutlimitationthecontent requiredofsuchTaskOrder. 2)TaskOrdersmustbeinwritingandmustincludeadetailedscopeofwork,performance schedulestatingapplicabledatesandtimeperiods,Contractor’sstaffthatwillbeworkingon theTaskOrderworkscopeandalineitembudgetclearlystatinglaborandequipmentcosts consistentwiththisAgreement’scompensationterms. 3)TaskOrderswillbenegotiatedonarotationalbasis.IntheeventtheCityandContractor cannotreachafavorableagreementonthemaximumcompensationforaspecificTaskOrder, theCitymayterminatenegotiationsandcommencenegotiationswiththenextContractorfor therotationallistforthatcategoryofservice. 2.EffectiveDateandDuration ThisAgreementiseffectiveuponthedateofexecutionandexpiresonJanuary31,2024,unless otherwiseterminatedorextended.Theinitialtermofthecontractshallbeaperiodofthree(3)years withthemutualoptiontorenewforuptotwo(2)additionalone-yearperiods.Thetotaltermofthe contractcannotexceedfive(5)years.AllworkunderthisAgreementmustbecompletedpriortothe expirationofthisAgreement. 2|P a g e 3.Compensation A.ThemaximumthatContractormaybepaidperTaskOrderhereafterthe“nottoexceed”amount ofTwoHundredFiftyThousandandNo/100Dollars($250,000.00).The“nottoexceed” amountincludesallpaymentstobemadepursuanttothisAgreement,includingreimbursable expenses,ifany.NothinginthisAgreementrequirestheCitytopayforworkthatdoesnotmeet thestandardofcarethatwouldordinarilybeusedbysimilarprofessionalsinthiscommunityin similarcircumstancesorotherrequirementsoftheAgreement.Theactualamounttobepaidto Contractormaybelessthanthe“nottoexceed”amount.Theactualamounttobepaidto Contractormaybelessthanthatamount. B.CompensationforprofessionalservicesasdescribedinExhibitAwillbepaidonanhourlyrate basedupontheScheduleofRatesinExhibitBofthisAgreement,whichwillconstitutefulland completepaymentfor said services and allexpenditures whichmaybe madeand expenses incurred,exceptasotherwiseexpresslyprovidedinthisAgreement.Standardreimbursablecosts willbereimbursedwithoutmark-up. C.AnnualadjustmentofhourlyrateswillbeconsidereduponwrittenrequestfromContractor. Approval ofarequest forrate increases issolely withinthe City’s discretion and underno circumstancesistheCityobligatedtoapprovesucharequest.Rateincreasesaresubjecttothe followinglimitations: Noincreaseswillbegrantedbeforetheone-yearanniversaryoftheAgreement; Nomorethanoneincreasewillbegrantedannually; Rate increases may not exceed the then current average inflation rate for the Portland MetropolitanArea(asdeterminedfromtheUSDepartmentofLaborstatistics); Rateincreasescannotberetroactive. D.ContractorisentitledtoreceiveprogresspaymentsforitsworkpursuanttoanyissuedTaskOrder. TheCitywillpayContractorbasedontheseinvoicesforacceptableworkperformedandapproved untilthe“nottoexceed”amountisreached.Thereafter,Contractormustcompleteworkbased ontheAgreementwithoutadditionalcompensationunlessthereisachangetothescopeofwork. E.AnyestimateofthehoursnecessarytoperformtheworkisnotbindingontheCity.Contractor remainsresponsibleiftheestimateprovestobeincorrect.Exceedingthenumberofestimated hoursofworkdoesnotimposeanyliabilityontheCityforadditionalpayment. F.Paymentwillbemadeuponreceiptofbillingsbasedontheworkcompleted.Contractorwill submitbillingstoCityperiodically,butnotmorefrequentlythanmonthly.PaymentbytheCity releasestheCityfromanyfurtherobligationforpaymenttoContractorforserviceorservices performedorexpensesincurredasofthedateofthestatementofservices.Paymentwillbemade onlyforworkactuallycompletedasofthedateofinvoice.Paymentwillnotbeconsidered acceptanceorapprovalofanyworkorwaiverofanydefectstherein. G.Contractor must furnish certified cost records for all billings to substantiate all charges. Contractor’saccountsaresubjecttoauditbytheCity.Contractorwillsubmitbillingsinaform satisfactorytotheCity.Ataminimum,eachbillingwillidentifytheTaskOrderunderwhichsuch workisperformed,workcompletedduringthebillingperiod,percentageofworkcompletedto date,andpercentageofbudgetusedtodateforeachtask.BillingsmustalsoincludeContractor’s employeridentificationnumberorsocialsecuritynumber,astheCitydeemsapplicable. 3|P a g e H.GeneralTerms: 1)Contractormustmakepaymentspromptly,asdue,toallpersonssupplyinglaborormaterials fortheperformanceoftheworkprovidedforinthisAgreement. 2)ContractormaynotpermitanylienorclaimtobefiledorprosecutedagainsttheCityonany accountofanylaborormaterialfurnished. 3)ContractorwillpaytotheDepartmentofRevenueallsumswithheldfromemployeespursuant toORS316.167. 4)ContractorwillpayallcontributionsoramountsduetheIndustrialAccidentFundfromthe contractororanysubcontractor. 5)IfContractorfails,neglects,orrefusestomakepromptpaymentofanyclaimforlaboror servicesfurnishedtoContractororasubcontractorbyanypersonassuchclaimbecomesdue, City’sFinanceDirectormaypaysuchclaimandchargetheamountofthepaymentagainst fundsdueortobecomeduetheContractor.Thepaymentoftheclaiminthismannerdoes notrelieveContractorortheirsuretyfromobligationwithrespecttoanyunpaidclaims. 6)Contractorwillpromptly,asdue,makepaymenttoanyperson,co-partnership,association,or corporation,furnishingmedical,surgical,andhospitalcareorotherneededcareandattention, incidenttosicknessorinjury,totheemployeesofContractor,ofallsumsthatContractor agreestopayfortheservicesandallmoneysandsumsthatContractorcollectedordeducted fromthewagesofemployeespursuanttoanylaw,contract,oragreementforthepurposeof providingorpayingforservices. 7)Contractoranditsemployees,ifany,arenotactivemembersoftheOregonPublicEmployees RetirementSystemandarenotemployedforatotalof600hoursormoreinthecalendaryear byanypublicemployerparticipatingintheRetirementSystem. 8)Contractormustobtain,priortotheexecutionofanyperformanceunderthisAgreement,a CityofTigardBusinessLicense.TheTigardBusinessLicenseisbasedonacalendaryearwith aDecember31stexpirationdate.NewbusinessesoperatinginTigardafterJune30thofthe currentyearwillpayapro-ratedfeethoughtheendofthecalendaryear. 9)TheCitycertifiesthatsufficientfundsareavailableandauthorizedforthisAgreementduring thecurrentfiscalyear.Fundingduringfuturefiscalyearsissubjecttobudgetapprovalby Tigard’sCityCouncil. 4.OwnershipofPlansandDocuments:Records A.Thefieldnotes,designnotes,andoriginaldrawingsoftheconstructionplans,asinstrumentsof service,arethepropertyofContractor;however,theCitymayrequest,atnoadditionalcost,one setofpreviouslyapprovedreproducibledrawings,aswellasstoragedevicesuchasthumbdrive orSDcardin“DWG”or“DXF”format,oftheoriginaldrawingsofthework.TheCityhas unlimitedauthoritytousethematerialsreceivedfromContractorinanywaytheCitydeems necessary. B.TheCitymaymakecopies,fortheuseofandwithoutcosttoContractor,ofallofitsmaps, records,laboratorytests,orotherdatapertinenttotheworktobeperformedbytheContractor pursuanttothisAgreement,andalsomakeavailableanyothermaps,records,orothermaterials availabletotheCityfromanyotherpublicagencyorbody. C.TheContractorwillfurnishtotheCity,copiesofallmaps,records,fieldnotes,andsoiltestswhich weredevelopedinthecourseofworkfortheCityandforwhichcompensationhasbeenreceived by Contractor at no additional expense to the City, except as provided elsewhere in this Agreement. 4|P a g e D.Uponcompletionofaproject,copiesofallmaterialsgeneratedinthecourseoftheprojectshall beprovidedtotheCityinbothreproduciblehard-copyandoriginalelectronicformat;and E.Allmaterialsanddocumentsacquiredorproducedinconjunctionwithaprojectshallbedelivered toandbecomethepropertyoftheCityofTigard,withoutrestrictionorlimitationoftheirfuture use. 5.Assignment/Delegation Neitherpartymayassign,subletortransferanyinterestinordutyunderthisAgreementwithoutthe writtenconsentoftheotherandnoassignmenthasanyforceoreffectunlessanduntiltheother partyhasconsented.IfCityagreestoassignmentoftaskstoasubcontract,Contractorisfully responsiblefortheactsoromissionsofanysubcontractorsandofallpersonsemployedbythem. NeithertheapprovalbyCityofanysubcontractornoranythingcontainedhereincreatesany contractualrelationbetweenthesubcontractorandCity.TheprovisionsofthisAgreementare bindinguponandwillinuretothebenefitofthepartiestotheAgreementandtheirrespective successorsandassigns. 6.StatusofContractorasIndependentContractor Contractorcertifiesthat: A.Contractor acknowledges that for all purposes related to this Agreement, Contractor is an independentcontractorasdefinedbyORS670.600andnotanemployeeofCity.Contractoris not entitled to benefits of any kind to which an employee of City is entitled and is solely responsibleforallpaymentsandtaxesrequiredbylaw.Furthermore,intheeventthatContractor isfoundbyacourtoflaworanyadministrativeagencytobeanemployeeofCityforanypurpose, Cityisentitledtooffsetcompensationdue,ortodemandrepaymentofanyamountspaidto Contractor under the terms of this Agreement, to the full extent of any benefits or other remunerationContractorreceives(fromCityorthirdparty)asaresultofsaidfindingandtothe fullextentofanypaymentsthatCityisrequiredtomake(toContractorortoathirdparty)asa resultofsaidfinding. B.Contractorisnotanofficer,employee,oragentoftheCityasthosetermsareusedinORS30.265. 7.ConflictofInterest TheundersignedContractorherebyrepresentsthatnoemployeeoftheCity,oranypartnershipor corporationinwhichaCityemployeehasaninterest,hasorwillreceiveanyremunerationofany descriptionfromContractor,eitherdirectlyorindirectly,inconnectionwiththelettingorperformance ofthisAgreement,exceptasspecificallydeclaredinwriting. IfthispaymentistobechargedagainstFederalfunds,Contractorcertifiesthathe/sheisnotcurrently employedbytheFederalGovernmentandtheamountchargeddoesnotexceedhisorhernormal chargeforthetypeofserviceprovided. 8.Indemnification A.CityhasreliedupontheprofessionalabilityandtrainingofContractorasamaterialinducement toenterintothisAgreement.Contractorrepresentsthatallofitsworkwillbeperformedin accordance with generally accepted professional practices and standards as well as the requirementsofapplicablefederal,state,andlocallaws,itbeingunderstoodthatacceptanceofa Contractor’sworkbyCitywillnotoperateasawaiverorrelease.Acceptanceofdocumentsby CitydoesnotrelieveContractorofanyresponsibilityfordesigndeficiencies,errorsoromissions. 5|P a g e B.ClaimsforotherthanProfessionalLiability.Contractoragreestoindemnify,defend,save,and holdharmlesstheCityofTigard,itsofficers,employees,agents,andrepresentativesfromall claims,suits,oractionsandallexpensesincidentaltotheinvestigationanddefensethereof,of whatsoevernature,includingintentionalactsresultingfromorarisingoutoftheactivitiesof Contractororitssubcontractors,sub-consultants,agentsoremployeesinperformanceofthis contractatbothtrialandappeallevel,whetherornotatrialorappealevertakesplaceincluding anyhearingbeforefederalorstateadministrativeagencies.Ifanyaspectofthisindemnityisfound tobeillegalorinvalidforanyreasonwhatsoever,suchillegalityorinvaliditydoesnotaffectthe validityoftheremainderofthisindemnification. C.ClaimsforProfessionalLiability.Contractoragreestoindemnify,defend,save,andholdharmless theCityofTigard,itsofficers,employees,agents,andrepresentativesfromallclaims,suits,or actionsandallexpensesincidentaltotheinvestigationanddefensethereof,arisingoutofthe professional negligent acts, errors or omissions of Contractor or its subcontractors, sub- consultants,agentsoremployeesinperformanceofprofessionalservicesunderthisagreement. AnyworkbyContractorthatresultsinadesignofafacilitythatisnotreadilyaccessibletoand usablebyindividualswithdisabilitieswillbeconsideredaprofessionallynegligentact,error,or omission. D.AsusedinsubsectionsBandCofthissection,aclaimforprofessionalliabilityisaclaimmade againsttheCityinwhichtheCity’sallegedliabilityresultsdirectlyorindirectly,inwholeorinpart, fromthequalityoftheprofessionalservicesprovidedbyContractor,regardlessofthetypeof claimmadeagainsttheCityinperformanceofthisAgreement.Aclaimforotherthanprofessional liabilityisaclaimmadeagainsttheCityinwhichtheCity’sallegedliabilityresultsfromanactor omissionbyContractorunrelatedtothequalityofprofessionalservicesprovidedbyContractor inperformanceofthisAgreement. 9. Insurance ContractoranditssubcontractorsmustmaintaininsuranceacceptabletoCityinfullforceandeffect throughoutthetermofthiscontract.Suchinsurancemustcoverrisksarisingdirectlyorindirectlyout ofContractor'sactivitiesorworkhereunder,includingtheoperationsofitssubcontractorsofanytier. ThepolicyorpoliciesofinsurancemaintainedbytheContractormustprovideatleastthefollowing limitsandcoverages: A.CommercialGeneralLiabilityInsurance Contractorwillobtain,atContractor’sexpense,andkeepineffectduringthetermofthiscontract, ComprehensiveGeneralLiabilityInsurancecoveringBodilyInjuryandPropertyDamageonan “occurrence”form(CG2010 1185orequivalent).ThiscoveragemustincludeContractual Liabilityinsurancefortheindemnityprovidedunderthiscontract.Thefollowinginsurancewill becarried: Coverage Limit GeneralAggregate $3,000,000 Products-CompletedOperationsAggregate $2,000,000 Personal&AdvertisingInjury $1,000,000 EachOccurrence $2,000,000 FireDamage(Anyonefire) $50,000 6|P a g e B.ProfessionalLiability Contractormustobtain,atContractor’sexpense,andkeepineffectduringthetermofthiscontract, ProfessionalLiabilityInsurancecoveringanydamagescausedbyanyactualorallegednegligentact, error,oromissionintherenderingoforfailuretorenderProfessionalServices.Combinedsinglelimit perclaimmaynotbelessthan$2,000,000,ortheequivalent.Annualaggregatelimitmaynotbeless than$3,000,000andfiledona“claims-made”form. C.CommercialAutomobileInsurance Contractormustalsoobtain,atContractor’sexpense,andkeepineffectduringthetermofthe contract,CommercialAutomobileLiabilitycoverageincludingcoverageforallowned,hired,and non-ownedvehiclesonan“occurrence”form.TheCombinedSingleLimitperoccurrencemay notbelessthan$2,000,000. IfContractorusesapersonally-ownedvehicleforbusinessuseunderthiscontract,theContractor willobtain,atContractor’sexpense,andkeepineffectduringthetermofthecontract,business automobileliabilitycoverageforallownedvehiclesonan“occurrence”form.TheCombined SingleLimitperoccurrencemaynotbelessthan$2,000,000. D.Workers’CompensationInsurance TheContractor,itssubcontractors,ifany,andallemployersprovidingwork,labor,ormaterials underthisContractthataresubjectemployersundertheOregonWorkers'CompensationLaw mustcomplywithORS656.017,whichrequiresthemtoprovideworkers'compensationcoverage thatsatisfiesOregonlawforalltheirsubjectworkers.Out-of-stateemployersmustprovide Oregonworkers'compensationcoveragefortheirworkerswhoworkatasinglelocationwithin Oregonformorethan30daysinacalendaryear.Contractorswhoperformworkwithoutthe assistanceorlaborofanyemployeeneednotobtainworkers’compensationcoverage.Allnon- exemptemployersmustprovideEmployer'sLiabilityInsurancewithcoveragelimitsofnotless than$1,000,000eachaccident. E.AdditionalInsuredProvision Allrequiredinsurancepolicies,otherthanWorkers’CompensationandProfessionalLiability, mustnametheCityitsofficers,employees,agents,andrepresentativesasadditionalinsuredswith respecttothisAgreement. F.ExtendedReportingCoverage Ifanyoftherequiredliabilityinsuranceisarrangedona“claims-made”basis,ExtendedReporting coveragewillberequiredatthecompletionofthiscontracttoadurationof24monthsor,iflessthan 24 months, the maximum time-period Contractor’s insurer will provide. Contractor will be responsibleforfurnishingcertificationofExtendedReportingcoverageasdescribedorcontinuous “claims-made”liabilitycoveragefor24monthsfollowingcontractcompletion.Continuous“claims- made”coveragewillbeacceptableinlieuofExtendedReportingcoverage,provideditsretroactive dateisonorbeforetheeffectivedateofthiscontract.Coveragewillbeendorsedtoprovidea“per project”aggregate. G.InsuranceCarrierRating CoveragesprovidedbytheContractormustbeunderwrittenbyaninsurancecompanydeemed acceptablebytheCity.AllpoliciesofinsurancemustbewrittenbycompanieshavinganA.M. Bestratingof"A-VII"orbetter,orequivalent.TheCityreservestherighttorejectallorany insurancecarrier(s)withanunacceptablefinancialrating. 7|P a g e H.Self-Insurance TheCityunderstandsthatsomecontractorsmayself-insureforbusinessrisksandtheCitywill considerwhethersuchself-insuranceisacceptableifitmeetstheminimuminsurancerequirements forthetypeofcoveragerequired.IfContractorisself-insuredforcommercialgeneralliabilityor automobile liability insurance, Contractor must provide evidence of such self-insurance. ContractormustprovideaCertificateofInsuranceshowingevidenceofthecoverageamountson aformacceptabletotheCity.TheCityreservestherightinitssolediscretiontodetermine whetherself-insuranceisadequate. I.CertificatesofInsurance As evidence of the insurance coverage required by the contract, Contractor will furnish a CertificateofInsurancetotheCity.NocontractiseffectiveuntiltherequiredCertificatesof InsurancehavebeenreceivedandapprovedbytheCity.Thecertificatewillspecifyanddocument allprovisionswithinthiscontractandincludeacopyofAdditionalInsuredEndorsement.A renewalcertificatewillbesenttothebelowaddresspriortocoverageexpiration. J.PrimaryCoverageClarification ThepartiesagreethatContractor’scoverageisprimarytotheextentpermittedbylaw.Theparties furtheragreethatotherinsurancemaintainedbytheCityisexcessandnotcontributoryinsurance withtheinsurancerequiredinthissection. K.Cross-LiabilityClause Across-liabilityclauseorseparationofinsuredsclausewillbeincludedinallgeneralliability, professionalliability,pollution,anderrorsandomissionspoliciesrequiredbythisAgreement. AcertificateinformsatisfactorytotheCitycertifyingtotheissuanceofsuchinsurancewillbe forwardedto: CityofTigard Attn:ContractsandPurchasingOffice 13125SWHallBlvd. Tigard,Oregon97223 OR ContractsPurchasing@tigard-or.gov AtthediscretionoftheCity,acopyofeachinsurancepolicy,certifiedasatruecopybyan authorizedrepresentativeoftheissuinginsurancecompany,mayberequiredtobeforwardedto theaboveaddress. Suchpoliciesorcertificatesmustbedeliveredpriortocommencementofthework.Theprocuring of such required insurance will not be construed to limit Contractor’s liability hereunder. Notwithstandingsaidinsurance,Contractorisobligatedforthetotalamountofanydamage, injury,orlosscausedbynegligenceorneglectconnectedwiththisAgreement. 10. Method&PlaceofSubmittingNotice,Bills,andPayments Allnotices,billsandpaymentswillbemadeinwritingandmaybegivenbypersonaldelivery,mail,or byfax.Paymentsmaybemadebypersonaldelivery,mail,orelectronictransfer.Thefollowing addresseswillbeusedtotransmitnotices,bills,payments,andotherinformation: 8|P a g e CITYOFTIGARDPORTLANDENGINEERINGINC Attn:ShastaBillings-Beck Attn:CarlaSerpa,PE Address: 13125SWHallBlvd Tigard,OR97223 Address: 2020SE7 thAveSte200 PortlandOR97214 Phone:(503)718-2698 Phone:(503)256-7718 Email:shastab@tigard-or.govEmail:cserpa@portlandengineers.com NoticewillbedeemedgivenupondepositintheUnitedStatesmail,postageprepaid,orwhenso faxed,uponsuccessfulfax.Inallotherinstances,notices,billsandpaymentswillbedeemedgivenat thetimeofactualdelivery.Changesmaybemadeinthenamesandaddressesofthepersontowho notices,bills,andpaymentsaretobegivenbygivingwrittennoticepursuanttothisparagraph. 11. Survival The terms, conditions, representations, and warranties contained in this Agreement survive the terminationorexpirationofthisAgreement. 12. Merger ThiswritingisintendedbothasafinalexpressionoftheAgreementbetweenthepartieswithrespect totheincludedtermsandasacompleteandexclusivestatementofthetermsoftheAgreement.No modificationofthisAgreementwillbeeffectiveunlessanduntilitismadeinwritingandsignedby bothparties. 13. TerminationWithoutCause Atanytimeandwithoutcause,CityhastherightinitssolediscretiontoterminatethisAgreementby givingnoticetoContractor.IfCityterminatesthisAgreementpursuanttothisparagraph,Citywill payContractorforservicesrenderedtothedateoftermination. 14. TerminationforCause A.CitymayterminatethisAgreementeffectiveupondeliveryofwrittennoticetoContractor,orat suchlaterdateasmaybeestablishedbyCity,underanyofthefollowingconditions: 1)IfCityfundingfromfederal,state,local,orothersourcesisnotobtainedandcontinuedat levelssufficienttoallowforthepurchaseoftheindicatedquantityofservices.ThisAgreement maybemodifiedtoaccommodateareductioninfunds. 2)IfFederalorStateregulationsorguidelinesaremodified,changed,orinterpretedinsucha 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,andemployeestoprovidetheservicesrequiredbythisAgreementis foranyreasondenied,revoked,ornotrenewed. 4)IfContractorbecomesinsolvent,ifvoluntaryorinvoluntarypetitioninbankruptcyisfiledby oragainstContractor,ifareceiverortrusteeisappointedforContractor,orifthereisan assignmentforthebenefitofcreditorsofContractor. AnysuchterminationofthisAgreementunderparagraph(A)willbewithoutprejudicetoany obligationsorliabilitiesofeitherpartyalreadyaccruedpriortosuchtermination. B.City,bywrittennoticeofdefault(includingbreachofcontract)toContractor,mayterminatethe wholeoranypartofthisAgreement: 9|P a g e 1)IfContractorfailstoprovideservicescalledforbythisAgreementwithinthetimespecified, or; 2)IfContractorfailstoperformanyoftheotherprovisionsofthisAgreementorfailstopursue theworkastoendangerperformanceofthisAgreementinaccordancewithitsterms,and afterreceiptofwrittennoticefromCity,failstocorrectsuchfailureswithinten(10)daysor suchotherperiodasCitymayauthorize. TherightsandremediesofCityprovidedaboverelatedtodefaults(includingbreachofcontract) byContractorarenotexclusiveandareinadditiontoanyotherrightsandremediesprovidedby laworunderthisAgreement. IfCityterminatesthisAgreementunderparagraph(B),Contractorwillbeentitledtoreceiveas fullpaymentforallservicessatisfactorilyrenderedandexpensesincurred,provided,thattheCity maydeducttheamountofdamages,ifany,sustainedbyCityduetobreachofcontractby Contractor.DamagesforbreachofcontractincludethoseallowedbyOregonlaw,reasonable andnecessaryattorneyfees,andothercostsoflitigationattrialanduponappeal. 15. AccesstoRecords Citywillhaveaccesstosuchbooks,documents,papersandrecordsofContractorasaredirectly pertinenttothisAgreementforthepurposeofmakingaudit,examination,excerptsandtranscripts. 16. HazardousMaterials ContractorwillcomplywithallfederalOccupationalSafetyandHealthAdministration(OSHA) requirementsandallOregonsafetyandhealthrequirements.InaccordancewithOSHAandOregon OSHAHazardCommunicationRules,ifanygoodsorservicesprovidedunderthisAgreementmay release,orotherwiseresultinanexposureto,ahazardouschemicalundernormalconditionsofuse (forexample,employeesofaconstructioncontractorworkingon-site),itistheresponsibilityof ContractortoprovidetheCitywiththefollowinginformation:allapplicableSafetyDataSheet,the identityofthechemical/s,howContractorwillinformemployeesaboutanyprecautionsnecessary, anexplanationofanylabelingsystem,andthesafeworkpracticestopreventexposure.Inaddition, Contractormustlabel,tag,ormarksuchgoods. 17. ForceMajeure NeitherCitynorContractorwillbeconsideredindefaultbecauseofanydelaysincompletionand responsibilitieshereunderduetocausesbeyondthecontrolandwithoutfaultornegligenceonthe partofthepartiessodisenabled,includingbutnotrestrictedto,anactofGodorofapublicenemy, civilunrest,volcano,earthquake,fire,flood,epidemic,quarantinerestriction,area-widestrike,freight embargo,unusuallysevereweatherordelayofsubcontractororsuppliesduetosuchcause;provided thatthepartiessodisenabledwillwithinten(10)daysfromthebeginningofsuchdelay,notifythe otherpartyinwritingofthecauseofdelayanditsprobableextent.Suchnotificationwillnotbethe basisforaclaimforadditionalcompensation.Eachpartywill,however,makeallreasonableefforts toremoveoreliminatesuchacauseofdelayordefaultandwill,uponcessationofthecause,diligently pursueperformanceofitsobligationundertheAgreement. 18. Non-Waiver ThefailureofCitytoinsistuponorenforcestrictperformancebyContractorofanyofthetermsof this Agreement or to exercise any rights hereunder should not be construed as a waiver or relinquishmenttoanyextentofitsrightstoassertorrelyuponsuchtermsorrightsonanyfuture occasion. 10|P a g e 19. HoursofLabor,PayEquity InaccordancewithORS279B.235,thefollowingareherebyincorporatedinfullbythisreference: A.Contractormaynotemployanindividualformorethan10hoursinanyoneday,or40hoursin anyoneweek,exceptasprovidedbylaw.Forcontractsforpersonalservices,asdefinedinORS 279A.055,Contractormustpayemployees atleasttimeandahalfpayforallovertimethe employeesworkinexcessof40hoursinanyoneweek,exceptforemployeeswhoareexcluded underORS653.010to653.261orunder29U.S.C.201to209fromreceivingovertime. B.Contractormustgivenoticeinwritingtoemployeeswhoworkonapubliccontract,eitheratthe timeofhireorbeforecommencementofworkonthecontract,orbypositinganoticeinalocation frequentedbyemployees,ofthenumberofhoursperdayanddaysperweekthattheemployees mayberequiredtowork. C.ContractormaynotprohibitanyofContractor’semployeesfromdiscussingtheemployee’srate ofwage,salary,benefitsorothercompensationwithanotheremployeeoranotherpersonandmay notretaliateagainstanemployeewhodiscussestheemployee’srateofwage,salary,benefitsor othercompensationwithanotheremployeeoranotherperson. D.ContractormustcomplywiththepayequityprovisionsinORS652.220.Complianceisamaterial elementofthisAgreementandfailuretocomplywillbedeemedabreachthatentitlesCityto terminatethisAgreementforcause. 20. Non-Discrimination Contractorwillcomplywithallfederal,state,andlocallaws,codes,regulations,andordinances applicabletotheprovisionofservicesunderthisAgreement,including,withoutlimitation: A.TitleVIoftheCivilRightsActof1964; B.SectionVoftheRehabilitationActof1973; C.The Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act (ADAAA)of2008(PubLNo101-336);and D.ORS659A.142,includingallamendmentsofandregulationsandadministrativerules,andallother applicablerequirementsoffederalandstatecivilrightsandrehabilitationstatutes,rulesand regulations. 21. Errors Contractorwillperformsuchadditionalworkasmaybenecessarytocorrecterrorsinthework requiredunderthisAgreementwithoutunduedelaysandwithoutadditionalcost. 22. ExtraWork,Changes OnlytheCity’sProjectManagerforthisAgreementmaychangeorauthorizeadditionalwork.Failure ofContractortosecureauthorizationforextraworkconstitutesawaiverofallrighttoadjustthe contractpriceorcontracttimeduetosuchunauthorizedextraworkandContractorwillnotbeentitled tocompensationfortheperformanceofunauthorizedwork. 23. Warranties Contractorguaranteesthatprofessionalserviceswillbeperformedtotheprofessionalskillandcare ordinarilyprovidedbyfirmspracticinginthesameorsimilarlocalityunderthesameorsimilar 11|P a g e circumstances.NeitheracceptanceoftheworknorpaymentthereforerelievesContractorfrom liabilityunderwarrantiescontainedinorimpliedbythisAgreement AnyintellectualpropertyrightsdeliveredtotheCityunderthisAgreementandContractor’sservices renderedintheperformanceofContractor’sobligationsunderthisAgreement,willbeprovidedto theCityfreeandclearofanyandallrestrictionsonorconditionsofuse,transfer,modification,or assignment,andbefreeandclearofanyandallliens,claims,mortgages,securityinterests,liabilities, charges,andencumbrancesofanykind. 24. Attorney’sFees Intheeventanaction,suitofproceeding,includingappeal,isbroughtforfailuretoobserveanyof thetermsofthisAgreement,eachpartyisresponsibleforthatparty’sownattorneyfees,expenses, costsanddisbursementsfortheaction,suit,proceeding,orappeal. 25. ChoiceofLaw,Venue TheprovisionsofthisAgreementaregovernedbyOregonlaw.VenuewillbetheStateofOregon CircuitCourtinWashingtonCountyortheU.S.DistrictCourtforOregon,Portland. 26. CompliancewithStateandFederalLaws/Rules Contractorwillcomplywithallapplicablefederal,stateandlocallaws,rulesandregulationsapplicable totheworkinthisAgreement. 27. ConflictBetweenTerms IntheeventofaconflictbetweenthetermsofthisAgreementandContractor’sproposal,this Agreementwillcontrol.IntheeventofconflictbetweenaprovisioninthemainbodyoftheAgreement andaprovisionintheExhibits,theprovisioninthemainbodyoftheAgreementwillcontrol.Inthe eventofaninconsistencybetweenExhibitAandExhibitB,ExhibitAwillcontrol. 28. Audit Contractor will maintain records to assure conformance with the terms and conditions of this Agreementandtoassureadequateperformanceandaccurateexpenditureswithinthecontractperiod. ContractoragreestopermitCity,theStateofOregon,thefederalgovernment,ortheirdulyauthorized representativestoauditallrecordspertainingtothisAgreementtoassuretheaccurateexpenditureof funds. 29. Severability IntheeventanyprovisionorportionofthisAgreementisheldtobeunenforceableorinvalidbyany courtofcompetentjurisdiction,thevalidityoftheremainingtermsandprovisionswillnotbeimpaired unlesstheillegalorunenforceableprovisionaffectsasignificantrightorresponsibility,inwhichcase theadverselyaffectedpartymayrequestrenegotiationoftheAgreementand,ifnegotiationsfail,may terminatetheAgreement. 30. CompliancewithTaxLaws ContractorrepresentsandwarrantsthatContractoris,tothebestoftheundersigned’sknowledge,notin violationofanyOregontaxlawsincludingbutnotlimitedtoORS305.620andORSChapters316,317,and 318.Contractor’sfailuretocomplywiththetaxlawsofthisstateorapoliticalsubdivisionofthisstatebefore theContractorexecutedthisAgreementorduringthetermofthisAgreementisadefaultforwhichtheCity mayterminatethisAgreementandseekdamagesandotherreliefavailableunderthetermsofthisAgreement orapplicablelaw. Kathy Nyland 1/11/2021 Interim City Manager 13|P a g e EXHIBITA SCOPEOFSERVICES ThetasksbelowareintendedtoindicatethebroadanddiverserangeofservicestheCitymaycontractfor andnotnecessarilythescopeofatypicalTaskOrder. A.PROJECTMANAGEMENT 1.Workscopeandproposaldevelopmentassistanceforaparticulartaskorder. 2.Prepareandmaintaintheprojectscheduleandmanageconsultantstaffandsubconsultantstomeet scheduleprojectmilestones. 3.Scheduleandconductprojectmeetingsandprepareagendasandmeetingnotes. 4.Preparemonthlyprogressreports,invoices,andcostversusbudgetvspercentcompletereports. B.CONCEPTPLANNINGANDENGINEERING 1.Research“as-built”recordsandotherhistoricaldata. 2.Perform technical evaluations, literature research, field investigations, mathematical analyses, computer modeling, permitting agency coordination, and/or other work to determine current conditionsandpotentialconstraintsandfatalflawsaffectingthepermittingorconstructionofafuture project. 3.Identifyandevaluateconceptlevelprojectalternativesandprepareconceptualdesignsandcost estimatesforfutureprojects. 4.Createprojectdesigncriteriaand/orperformancecriteriaforfutureprojects. 5.Updateexistingutilitymasterplans. 6.Participate/Leadpublicmeetingstoforwardconceptualdesignandsolicitpublicinput. C.PRELIMINARYANDFINALDESIGN 1.Preparepreliminary(30%,60%)andfinal(90%)projectdesigns,drawings,andspecificationsbased upon City Standards, Oregon Department of Transportation (ODOT) Standards, Clean Water Services (CWS) Standards and/or other standards, including preparing supplemental general conditionsandspecialprovisions.PrepareEngineersEstimatesandBidDocuments. 2.Performspecializedfieldinvestigationssuchassoilboringsandothergeotechnicalinvestigations, waterqualitysampling,andpipelineconditionassessmentsandleakstudies. 3.Conductdesignreviewmeetings,documentanddistributereviewcomments,andrevisedesigns, drawings,specifications,andcontractdocumentsasneeded. 4.Performfieldandtopographicsurveystosupportconceptdesignsand/orfinaldesignanddrawing preparation. 5.Prepareenvironmentalreviewsanddocumentation,environmentalpermitapplicationsubmittals,and permittingagencycoordination. 6.Preparedocumentsandmapsforright-of-way,easement,andpropertyacquisitions,andassistwith titleworkandnegotiations. D.CONSTRUCTIONENGINEERINGANDFIELDSERVICES 1.Performsurveyingservicesasrequestedduringconstruction. 2.Performas-builtsurveys,establishfinalsurveymonumentsperWashingtonCountystandards,and fileofficialmapswiththeCityorCountyasneeded. 3.Provideon-siteengineeringandinspectionsupportduringconstruction,includingfieldevaluationof specification compliance, submittal reviews, change order reviews, design revisions, billing and quantityreviews,constructionmanagement,andvalueengineeringreviews. 4.Preparehardcopyandelectronicas-builtrecorddrawingsfollowingconstructioncompletion. E.INVESTIGATIONS,STUDIES,ANALYSESANDOTHERCONSULTING 1.Costofserviceanalyses(e.g.,ratestudiesandevaluations) 14|P a g e 2.Environmentalstudies,assessments,reports,andsubmittalssuchaswetlanddelineations,mitigation plans,andJointPermitApplications 3.RegulatorycompliancestudiesandsubmittalssuchasWaterManagementandConservationPlans, annualwaterrightsreports,andmixingzonestudies 4.Seismicandstructuralanalyses 5.Forensicinvestigationsandanalyses 6.SCADA In Portland, OR at 2020 SE 7th Ave. Suite 200 Portland OR 97214 Tel: (503)256-7718 Fax: (503) 256-7679 Web: www.portlandengineers.com In Central Point, OR at 7675 High Banks Road Suite 1 Central Point OR 97502 Tel: (541) 664-6200 Fax: (541) 664-9094 Email: info@portlandengineers.com General Contractors License #135739 Washington Contractors License PORTLEI920OZ Revision 2016-01-01 This document is the exclusive property of Portland Engineering, Inc. and contains information that is confidential and privi leged. Any dissemination, distribution or copying of this document is prohibited without written permission. System Design Scope of Work Development Cost Evaluation and Estimation Project Management Construction Management Software Specification, Procurement, Installation Historian, MES, Data Systems Configuration Industrial Networks, VPNs, Security Computer Virtualization Training HMI Application Development PLC Programming Field Service Telephone and Remote Access Support Wiring Diagrams Panel Design $140.00/hour Administrative Services $55.00/hour Normal business hours are Monday through Friday, 8:00 am to 5:00 pm. Service and travel time outside of normal business hours will be billed at 1.5 times the above fees. Service and travel time on Sunday and Holidays will be billed at 2 times the above fees. Travel time will be billed from the location of the dispatched engineer with an additional mileage charge of $0.56/mile or at the current IRS mileage reimbursement rate. Terms - Net 30 days. A 1.5% per month interest fee will apply on all outstanding invoices. All applicable state and local tax fees apply. PEI Holidays:NewYear’sDay,President’sDay,MemorialDay,Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving, Christmas Day.  CITYOFTIGARD,OREGON-CONTRACTSUMMARYFORM ContractTitle:On-CallWaterSystemEngineerand/orHydrogeologist ofRecord–WaterSystemModeling&AnalysisSCADANumber:C210053   Contractor:PortlandEngineering,IncContractTotal:$NTE250,000Pertaskorder  ContractOverview:PEItoprovideon-callprofessionalengineeringservicesfortheSCADAsystem   InitialRiskLevel:ExtremeHighModerateLow  RiskReductionSteps:    RiskComments:    RiskSignature:    ContractManager:ShastaBillings-Beck Ext:2798 Department:PW/Engineering   Type:PersonalSvcProfessionalSvcPublicImpGeneralSvcCoopPurchase Other:      StartDate:February1,2021EndDate:January31,2024  Quotes/Bids/Proposal:FIRMAMOUNT/SCORE Carollo1 WestYost2 Murraysmith3 WaterSystemsConsulting4 PACEEngineers5 Keller&Associates6  AccountString:Fund-Division-AccountWorkOrder–ActivityTypeAmount FY21-24NotencumberedasisOn-CallContract.POwillbeissuedforallwork FY21/22  $ FY22/23  $ FY23/24  $ FY24/25  $ FY25/26  $  Approvals:LCRBDate:  DepartmentComments:      DepartmentSignature:    PurchasingComments:      PurchasingSignature:    CityManagerComments:      CityManagerSignature:    City of Tigard | 13125 SW Hall Blvd., Tigard, OR 97223 | (503) 639-4171 | www.tigard-or.gov City of Tigard FINANCE AND INFORMATION SERVICES QUALIFICATION -BASED REQUEST FOR PROPOSAL (RFP) ON-CALL WATER SYSTEM ENGINEER, AND/OR HYDROGEOLOGIST OF RECORD RFP 2021-08 Proposals Due: Tuesday, October 27, 2020 - 10:00 a.m. local time Proposer must submit one (1) electronic copy in portable document format (pdf). Submit Proposals To: ContractsPurchasing@tigard-or.gov Direct Questions To: Christine Moody, Purchasing Manager Phone: (503) 718-2415 Email: christine@tigard-or.gov QBS RFP – 2021-08 On-Call Water System Engineer and/or Hydrogeologist of Record 2 | P a g e TABLE OF CONTENTS TITLE PAGE SECTIONS Section 1 Introduction 3 Section 2 Proposer’s Special Instructions 3 Section 3 General Information 6 Section 4 Scope and Schedule of Work 7 Section 5 Proposal Content and Format 9 Section 6 Proposal Evaluation Procedures 12 ATTACHMENTS Attachment A Proposal Certifications Attachment B Signature Page Attachment C Acknowledgement of Addenda Attachment D Statement of Proposal Attachment E City of Tigard Professional Services Agreement QBS RFP – 2021-08 On-Call Water System Engineer and/or Hydrogeologist of Record 3 | P a g e SECTION 1 INTRODUCTION The City of Tigard is seeking sealed proposals from experienced firms capable of providing on-call Engineer and/or Hydrogeologist of Record services for Tigard’s Water System. The City anticipates selecting one Contractor for each category. Proposers capable of providing services in multiple categories may be selected for multiple categories. By agreeing to execute an on -call agreement with the City, Contractor understands that there is no guarantee of any dollar value of work, and that the City retains the sole right to select for any individual project or task. Proposers are required to certify non -discrimination in employment practices and identify resident status as defined in ORS 279A.120. Pre-qualification of proposers is not required. All proposers are required to comply with the provisions of ORS and LCRB Policy. The City may reject any proposal not in compliance with all prescribed public bidding procedures and requirements and may reject for good cause any or all proposals upon a finding of the City if it is in the public interest to do so. SECTION 2 PROPOSER’S SPECIAL INSTRUCTIONS A. PROPOSED TIMELINES Monday, October 5, 2020 Advertisement and Release of RFP Tuesday, October 27, 2020 – 10:00 a.m. Deadline for Submission of Proposals TBD Interviews (if necessary) TBD Award of Contract by LCRB TBD Commencement of Services NOTE: The City reserves the right to modify this schedule at the City’s discretion. B. GENERAL By submitting a proposal, the Proposer certifies that the proposal has been arrived at independently and has been submitted without any collusion designed to limit competition. C. PROPOSAL SUBMITTAL The proposal and all addenda must be signed and submitted no later than 10:00 a.m., Tuesday, October 27, 2020, to the email address ContractsPurchasing@tigard-or.gov. The proposal response will be in a font size no smaller than 11-point and shall not exceed 20 pages. The title page, transmittal letter, table of contents, personnel resumes or required forms (Attachments A - D) will not be considered in the total pages submitted for the purposes of the 20-page limit. Proposals will be considered time-stamped and received by the City when they are received in the email inbox listed above. To assure that your Proposal receives priority treatment, please mark the email subject line as follows: RFP 2021-08 On-Call Water System Engineer and/or Hydrogeologist of Record Proposers must include their name and address and contact information in the body of the email. It is the Proposer’s responsibility to ensure that proposals are received prior to the stated submission deadline. Late proposals may not be considered, it is the City’s sole discretion to accept or reject a late proposal. QBS RFP – 2021-08 On-Call Water System Engineer and/or Hydrogeologist of Record 4 | P a g e D. PROTEST OF SCOPE OF WORK OR TERMS A Proposer who believes any details in the scope of work or terms detailed in the proposal packet and sample contract are unnecessarily restrictive or limit competition may submit a protest in writing, to the Contracts and Purchasing Office. Any such protest shall include the reasons for the protest and detail any proposed changes to the scope of work or terms. The City will respond to any protest and, if necessary, issue appropriate revisions, substitutions, or clarification via addenda to all interested Proposers. To be considered, protests must be received at least seven (7) days before the proposal closing date. The City will not consider any protest against award due to the content of proposal scope of work or contract terms submitted after the established protest deadline. All protests should be directed to the attention of Christine Moody, Purchasing Manager, at christine@tigard-or.gov. If a protest is received in accordance with the section above, the proposal opening date may be extended if necessary, to allow consideration of the protest and issuance of any necessary addenda to the proposal documents. E. PRE-SUBITTAL MEETING There is no pre-proposal meeting scheduled for this RFP. F. PROPOSAL SUBMISSION AND SIGNING All requested forms and attachments (Proposal Certifications, Signature Page, Acknowledgment of Addenda, Statement of Proposal, etc.) must be submitted with the Proposal and in the required format. The submission and signing of a proposal shall indicate the intention of the firm to adhere to the provisions described in this RFP. G. COST OF PREPARING A PROPOSAL The RFP does not commit the City to paying any costs incurred by Proposer in the submission or presentation of a proposal or in making the necessary studies for the preparation thereof. H. INTERPRETATIONS AND ADDENDA All questions regarding this project proposal shall be directed to Christine Moody, Purchasing Manager. If necessary, interpretations or clarifications in response to such questions will be made by issuance of an “Addendum” to all prospective Proposers within a reasonable time prior to proposal closing, but in no case less than seventy-two (72) hours before the proposal closing. If an addendum is necessary after that time, the City, at its discretion, can extend the closing date. Any Addendum issued, as a result of any change in the RFP, must be acknowledged by submitting the “Acknowledgment of Addenda” with proposal. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. I. BUSINESS LICENSE/FEDERAL TAX ID REQUIRED The City of Tigard Business License is required. Chapter 5.4 of the Tigard Municipal Code states any business doing business in the City of Tigard shall pay a City of Tigard Business License. Successful Proposer will be required to present a copy of their City of Tigard Business License at the time of contract execution. Successful Proposer shall also complete a W-9 form for the City at the time of contract execution. J. CITY’S PROJECT MANAGER The City’s Project Manager for this work will be Shasta Billings-Beck, Senior Project Engineer. QBS RFP – 2021-08 On-Call Water System Engineer and/or Hydrogeologist of Record 5 | P a g e K. PROPOSAL VALIDITY PERIOD Each proposal shall be irrevocable for a period of one hundred twenty days (120) days from the proposal submission deadline. L. FORM OF CONTRACT A copy of the City's standard professional services agreement, which the City expects the successful firm or individual to execute, is included as “Attachment E”. The contract will incorporate the terms and conditions from this RFP document and the successful proposer’s response documents. Firms taking exception to any of the contract terms shall submit a protest or request for change in accordance with Section 2.D “Protest of Scope of Work or Terms” or their exceptions will be deemed immaterial and waived. M. TERM OF CONTRACT The term of the contract shall be a period of three (3) years with the mutual option to renew for up to two (2) additional years. The total term of the contract cannot exceed five (5) years. N. NON-COLLUSION Proposer certifies that this proposal had been arrived at indepen dently and has been submitted without collusion designed to limit independent bidding or competition. O. INTERGOVERNMENTAL COOPERATIVE PURCHASING The firm submitting a proposal agrees to extend identical services under the same terms and conditions to all public agencies in the region. Examples of work projects stated in this solicitation reflect the City of Tigard usage only. Each participating agency shall execute its own contract with the selected proposers for its requirements. Any proposer, by written notification included with their proposal, may decline to extend the prices and terms of this solicitation to any and/or all other public agencies. P. PUBLIC RECORD All proposal materials submitted shall become the property of the City and is public record unless otherwise specified. A proposal that contains any information that is considered trade secret under ORS 192.345(2) should be segregated and clearly identified as such. This information will be kept confidential and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS 192. The above restrictions may not include any subsequent cost or price information, which must be open to the public. QBS RFP – 2021-08 On-Call Water System Engineer and/or Hydrogeologist of Record 6 | P a g e SECTION 3 GENERAL INFORMATION A. BACKGROUND The City of Tigard owns and operates a public water system which supplies potable water to the Tigard Water Service Area (TWSA), which includes approximately two -thirds of the residents, businesses, and public institutions within the City limits in additio n to the unincorporated area of Bull Mountain, and the cities of King City and Durham, Oregon. The City provides an average of about 6 million gallons of water per day to a population of nearly 64,000 and includes both residential and commercial users. The City’s facilities include approximately 260 miles of pipelines, 7 pressure zones, 14 reservoirs, 7 booster pump stations, and 16 pressure reducing valve (PRV) stations. The reservoirs have a combined storage capacity of 27.48 million gallons. The dist ribution system also includes 2 aquifer storage and recovery (ASR) wells, miscellaneous vaults, pressure regulators, and appurtenances. B. CATEGORIES OF WORK 1. Water System Modeling & Analysis Analysis, studies, master planning, assist in public involvement, cost estimating, private development review, design, construction services, and operations technical support. 2. Aquifer Storage & Recovery System Analysis, operational planning, assist in public involvement, operations technical support, design, testing, permitting, regulatory water quality reporting, performance tracking, and aquifer storage and recovery design support. 3. Supervisory Control and Data Acquisition (SCADA) System Analysis, planning, design, training, trouble shooting, mainten ance, licensing, radio site survey, and new site integration design. C. NO GUARANTEE OF WORK The City anticipates selecting one Contractor each for the three categories. Contractor selection will be based on the Proposal Evaluation Procedures in Section 6, taking into account the number of Contractors proposing for each category, and the City’s anticipation of the type and volume of work within each category. Services are requested as the need arises, therefore there is no guarantees as to the actual amount of work, if any, to be assigned under any contract. The cost for services performed under any Task Order may vary depending upon the amount of work estimated for that project. The City reserves the right to solicit and award work using outside of the on-call contracts, as is determined to be in the best interest of the City. D. TASK ORDERS Work performed under the resulting Agreement(s) must be authorized via written Task Order signed by the City and Contractor. The scope of work, schedule, deliverables, and compensation for each project will be defined in the Task Order prior to commencement of the work. Any change to the scope of work, schedule, deliverables, and compensation must be agreed upon by both par ties in writing. Compensation for each Task Order will be determined through negotiation with the Contractor based on the scope of work, the estimated hours for performance of the work and Contractor’s hourly rates. The maximum compensation for a particular Task Order cannot exceed $250,000. QBS RFP – 2021-08 On-Call Water System Engineer and/or Hydrogeologist of Record 7 | P a g e SECTION 4 SCOPE AND SCHEDULE OF WORK The tasks below are intended to indicate the broad and diverse range of services the City may contract for and not necessarily the scope of a typical Task Order. A. PROJECT MANAGEMENT 1. Work scope and proposal development assistance for a particular task order. 2. Prepare and maintain the project schedule and manage consultant staff and subconsultants to meet schedule project milestones. 3. Schedule and conduct project meetings and prepare agendas and meeting notes. 4. Prepare monthly progress reports, invoices, and cost versus budget vs percent complete reports. B. CONCEPT PLANNING AND ENGINEERING 1. Research “as-built” records and other historical data. 2. Perform technical evaluations, literature research, field investigations, mathematical analyses, computer modeling, permitting agency coordination, and/or other work to determine current conditions and potential constraints and fatal flaws affecting the permitting or constructio n of a future project. 3. Identify and evaluate concept level project alternatives and prepare conceptual designs and cost estimates for future projects. 4. Create project design criteria and/or performance criteria for future projects. 5. Update existing utility master plans. 6. Participate/Lead public meetings to forward conceptual design and solicit public input. C. PRELIMINARY AND FINAL DESIGN 1. Prepare preliminary (30%, 60%) and final (90%) project designs, drawings, and specifications based upon City Standards, Oregon Department of Transportation (ODOT) Standards, Clean Water Services (CWS) Standards and/or other standards, including preparing supplemental general conditions and special provisions. Prepare Engineers Estimates and Bid Documents. 2. Perform specialized fie ld investigations such as soil borings and other geotechnical investigations, water quality sampling, and pipeline condition assessments and leak studies. 3. Conduct design review meetings, document and distribute review comments, and revise designs, drawings, specifications, and contract documents as needed. 4. Perform field and topographic surveys to support concept designs and/or final design and drawing preparation. 5. Prepare environmental reviews and documentation, environmental permit application submittals, and permitting agency coordination. 6. Prepare documents and maps for right-of-way, easement, and property acquisitions, and assist with title work and negotiations. D. CONSTRUCTION ENGINEERING AND FIELD SERVICES 1. Perform surveying services as requested during construction. 2. Perform as-built surveys, establish final survey monuments per Washington County standards, and file official maps with the City or County as needed. 3. Provide on-site engineering and inspection support during construction, including field evaluation of specification compliance, submittal reviews, change order reviews, design revisions, billing and quantity reviews, construction management, and value engineering reviews. 4. Prepare hard copy and electronic as-built record drawings following construction completion. E. INVESTIGATIONS, STUDIES, ANALYSES AND OTHER CONSULTING 1. Cost of service analyses (e.g., rate studies and evaluations) QBS RFP – 2021-08 On-Call Water System Engineer and/or Hydrogeologist of Record 8 | P a g e 2. Environmental studies, assessments, reports, and submittals such as wetland delineations, mitigation plans, and Joint Permit Applications 3. Regulatory compliance studies and submittals such as Water Management and Conservation Plans, annual water rights reports, and mixing zone studies 4. Seismic and structural analyses 5. Forensic investigations and analyses 6. Computer applications support services (GIS, GPS, AutoCAD). 7. Groundwater 8. SCADA QBS RFP – 2021-08 On-Call Water System Engineer and/or Hydrogeologist of Record 9 | P a g e SECTION 5 PROPOSAL CONTENT AND FORMAT A. FORMAT To provide a degree of consistency in review of the written proposals, firms are requested to prepare their proposals in the standard format specified below. 1. Title Page Proposer should identify the RFP Title, name and title of contact person, address, telephone number, fax number, email address, and date of submission. 2. Transmittal Letter The transmittal letter should be not more than two (2) pages long and should include as a minimum the following: a. A brief statement of the Proposer’s understanding of the project and services to be performed; b. A positive commitment to perform the services as described, the name(s) of the person(s) authorized to represent the Proposer, and their title, address, and telephone number (if different from the individual wh o signs the transmittal letter). 3. Table of Contents The table of contents should include a clear and complete identification by section and page number of the materials submitted. 4. Minimum Qualifications Proposers shall document their firm’s ability to meet the following minimum qualifications: a. Ability to provide State of Oregon Registered Professional Engineer or Land Surveyor, or other licensed professional(s) as required for any individual project -specific task. b. Minimum of five (5) years in business providing professional consulting services under the same corporate name, or for recently created or incorporated firms, a minimum of ten years of relevant professional experience for the principal owner of the firm. 5. General Qualifications and Responsiveness a. Provide a general summary of the proposer’s breadth and depth of professional capabilities and experience, including years in business, number and location of branch offices, local office staffing level, and general professional focus. (Optional) Other useful information that may be included in this section includes the total number and type of projects completed in the last ten years and the number and type of projects currently under contract. b. Provide the location of the primary office or offices from which work will be performed. c. Provide a general organizational chart and the number and type of personnel (e.g., “four principal civil engineers, two hydrologists, three ACAD technicians”) available at the primary office or offices from which work will be performed. (No specific names are required). d. Describe Key Management / Project Management personnel longevity, experience with the company, and the office out of which they work. e. Describe the Proposer’s contract/task order review and signature protocols (e.g., who has authority to sign a not to exceed task order and at what dollar level.) QBS RFP – 2021-08 On-Call Water System Engineer and/or Hydrogeologist of Record 10 | P a g e f. Provide a brief description of the Proposer’s soft ware capabilities, printing/plotting and as-built plotting capabilities, and a written acknowledgement of the City’s electronic deliverable requirements as specified in Item 4 of the contract. For each service category, list the key technical software or other systems that your firm regularly uses to perform work tasks. g. Other information that you believe will assist the City in making its selection. 6. Understanding and Project Management Approach In this section describe Proposer’s understanding of, and approach to on -call, task-order based services. Proposers should address the following topics in this section : a. Understanding of the City’s programs, policies, decision making processes, and organizational structure that creates the need for on-call services. b. General approach and assumptions for developing and negotiating the scope of services and deliverables for a typical task order c. Approach to assigning technical and project management staff to a particular Task Order, performing internal quality assurance/peer review, and completing the identified deliverables on schedule and within budget. Please address the approach to successful and efficient delivery of small to medium sized projects . 7. Category Specific Company Qualifications This section relates to Proposer’s experience and capacity to provide the category specific services being proposed, as identified in Section 4. For each category, the proposal should provide details on the following: a. A summary table listing example projects with brief descriptions and work categories relevant to those projects that was conducted by the Proposer. b. Detailed information for representative projects, by name, type, location, date, and contract value, performed within the last ten years, which best characterize the firm’s experience and qualifications for that category of work. Please include the client contact name, address, phone number and e-mail for each project where possible. Include, as available, the consultant fees and con struction costs for the projects. It is recommended that this information be provided in a “cut sheet” format. Please include three to five sample projects for each service category for which your firm would like to be considered. If a sample project can apply to more than one category, just indicate as such. As noted, the cut sheets can be located in the Appendix, and are then subject to the separate page count limitation for the Appendix. c. Key management/project management personnel that were assigned to the representative projects listed and are potentially available for similar assignm ent on City of Tigard projects. d. For work performed for other governmental or quasi-governmental entities under the broad heading of Engineer-of-Record or Hydrogeologist of Record, please provide the dates these arrangements existed, and the types of services performed. e. Reference letters from recent clients (to be provided in the Appendix), may be considered as part of this scoring section. 7. Category Specific Technical Personnel This section relates to the key personnel that would potentially be assigned to a specific task. For each category, the proposal should provide details on the following: QBS RFP – 2021-08 On-Call Water System Engineer and/or Hydrogeologist of Record 11 | P a g e a. Identify department managers / technical leads / key te chnical personnel by name, title, and years of service with the company, what office they work at and where they reside in the organizational structure. Indicate who typically will manage projects like ones described in this RFP. b. For key project management and technical personnel, provide relevant individual project experience, areas of specialization or expertise, awards, registrations and certifications, and overall technical capabilities and competence. (Note: Key technical personnel resumes (if included in the Appendix) will be evaluated as part of this section.) B. DISPUTES Should any doubt or difference of opinion arise between the City and a Proposer as to the items to be furnished hereunder or the interpretation of the provisions of this RFP, the decision of the City shall be final and binding upon all parties. C. CITY PERSONNEL No Officer, agent, consultant, or employee of the City shall be permitted any interest in the contract. QBS RFP – 2021-08 On-Call Water System Engineer and/or Hydrogeologist of Record 12 | P a g e SECTION 6 PROPOSAL EVALUATION PROCEDURES A. SELECTION AND EVALUATION PROCESS A selection committee assembled by the City will review the written proposals. After meeting the mandatory requirements and minimum qualifications, the proposals will be evaluated on their technical aspects. The selection committee will select the Proposer(s) which best meets the City's needs based upon its evaluation of all received proposals in accordance with the following criteria: 1. Completed proposal submitted on time Pass/Fail 2. Transmittal letter Pass/Fail 3. Required Forms (Attachments A-D) Pass/Fail 4. Minimum Qualifications Pass/Fail 5. General Qualifications and Responsiveness 10 points 5. Understanding and Project Management Approach 15 points 6. Category Specific Company Qualifications 30 points 7. Category Specific Technical Personnel 30 points TOTAL EVALUATION POINTS 85 POINTS B. PRICE EVALUATION After evaluation of the written proposals, the City will invite up to the three (3) highest ranked Proposers for each category to submit pricing. The cost proposal shall include titles and hourly rates for staff that could work under the resulting contract. An additional 15 points in scoring will be assigned to the cost structure criteria. C. PRESENTATION/INTERVIEW At the option of the City, the City may invite up to the three (3) highest ranked Proposers to make a presentation of their proposal. This will provide an opportunity to clarify and elaborate on the proposal. The City will schedule the time and location of these presentations (if necessary) and notify the selected firms. Should one or more firms be selected for oral interviews, an additional 20 points in scoring will be assigned to the interview process. D. CLARIFICATION OF PROPOSALS The City reserves the right to obtain clarification of any point regarding a proposal or to obtain additional information necessary to properly evaluate a particular proposal. Failure of a Proposer to respond to such a request for additional information or clarification could result in rejection of their proposal. E. PROTEST OF AWARD In accordance with Tigard Public Contracting Rule 30.135, any adversely affected Proposer has seven (7) calendar days from the date of the written notice of award to file a written protest. F. PROPOSAL REJECTION The City reserves the right to: 1. Reject any or all proposals not in compliance with all public procedures and requirements; 2. Reject any proposal not meeting the specifications set forth herein; 3. Waive any or all irregularities in proposals submitted; QBS RFP – 2021-08 On-Call Water System Engineer and/or Hydrogeologist of Record 13 | P a g e 4. Reject all proposals; 5. Award any or all parts of any proposal; and 6. Request references and other data to determine responsiveness. City of Tigard | 13125 SW Hall Blvd., Tigard, OR 97223 | (503) 639-4171 | www.tigard-or.gov ATTACHMENT E CITY OF TIGARD, OREGON PROFESSIONAL SERVICES AGREEMENT ON-CALL WATER SYSTEM ENGINEER AND/OR HYDROGEOLOGIST OF RECORD SUPERVISORY CONTROL & DATA ACQUISITION (SCADA) SYSTEM THIS AGREEMENT, made and entered into this 6th day of January, 2021, by and between the City of Tigard, a municipal corporation, hereinafter referred to as the "City," and Portland Engineering, Inc, hereinafter referred to as the "Contractor." RECITALS WHEREAS, the City’s Fiscal Year 2020-2021 budget provides for On-Call Water System Modeling & Analysis services; 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 On-Call Water 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 A. 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. B. Task Orders – Detailed statements of discrete work, tasks and the required time of performance for such work will be set forth by individual Task Orders and must not exceed Two Hundred Fifty Thousand and No/100 Dollars ($250,000.00). 1) Task Orders may only be issued when the parties have negotiated all the material terms and conditions of the applicable services in advance, including without limitation the content required of such Task Order. 2) Task Orders must be in writing and must include a detailed scope of work, performance schedule stating applicable dates and time periods, Contractor’s staff that will be working on the Task Order work scope and a line item budget clearly stating labor and equipment costs consistent with this Agreement’s compensation terms. 3) Task Orders will be negotiated on a rotational basis. In the event the City and Contractor cannot reach a favorable agreement on the maximum compensation for a specific Task Order, the City may terminate negotiations and commence negotiations with the next Contractor for the rotational list for that category of service. 2. Effective Date and Duration This Agreement is effective upon the date of execution and expires on January 31, 2024, unless otherwise terminated or extended. The initial term of the contract shall be a period of three (3) years with the mutual option to renew for up to two (2) additional one-year periods. The total term of the contract cannot exceed five (5) years. All work under this Agreement must be completed prior to the expiration of this Agreement. 2 | P a g e 3. Compensation A. The maximum that Contractor may be paid per Task Order hereafter the “not to exceed” amount of Two Hundred Fifty Thousand and No/100 Dollars ($250,000.00). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including reimbursable expenses, if any. 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. The actual amount to be paid to Contractor may be less than that amount. B. Compensation for professional services as described in Exhibit A will be paid on an hourly rate based upon the Schedule of Rates in Exhibit B of this Agreement, which will constitute full and complete payment for said services and all expenditures which may be made and expenses incurred, except as otherwise expressly provided in this Agreement. Standard reimbursable costs will be reimbursed without mark-up. C. Annual adjustment of hourly rates will be considered upon written request from Contractor. Approval of a request for rate increases is solely within the City’s discretion and under no circumstances is the City obligated to approve such a request. Rate increases are subject to the following limitations:  No increases will be granted before the one-year anniversary of the Agreement;  No more than one increase will be granted annually;  Rate increases may not exceed the then current average inflation rate for the Portland Metropolitan Area (as determined from the US Department of Labor statistics);  Rate increases cannot be retroactive. D. Contractor is entitled to receive progress payments for its work pursuant to any issued Task Order. 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. E. 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. F. 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. G. 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. 3 | P a g e H. 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. 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. 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. 4 | P a g e D. Upon completion of a project, copies of all materials generated in the course of the project shall be provided to the City in both reproducible hard-copy and original electronic format; and E. All materials and documents acquired or produced in conjunction with a project shall be delivered to and become the property of the City of Tigard, without restriction or limitation of their future use. 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. 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. 5 | P a g e 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, 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 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 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, Comprehensive 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 $2,000,000 Personal & Advertising Injury $1,000,000 Each Occurrence $2,000,000 Fire Damage (Any one fire) $50,000 6 | P a g e 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 actual or alleged negligent act, error, or omission in the rendering of or failure to render Professional Services. Combined single limit per claim may not be less than $2,000,000, or the equivalent. Annual aggregate limit may not be less than $3,000,000 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 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. 7 | P a g e 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. 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 all general liability, professional liability, pollution, and errors and omissions policies 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@tigard-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. 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: 8 | P a g e CITY OF TIGARD PORTLAND ENGINEERING INC Attn: Shasta Billings-Beck Attn: Carla Serpa, PE Address: 13125 SW Hall Blvd Tigard, OR 97223 Address: 2020 SE 7th Ave Ste 200 Portland OR 97214 Phone: (503) 718-2698 Phone: (503) 256-7718 Email: shastab@tigard-or.gov Email: cserpa@portlandengineers.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 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: 9 | P a g e 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. 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 the beginning 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. 10 | P a g e 19. Hours of Labor, Pay Equity In accordance with ORS 279B.235, the following are hereby incorporated in full by this reference: 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 professional skill and care ordinarily provided by firms practicing in the same or similar locality under the same or similar 11 | P a g e circumstances. Neither acceptance of the work nor payment therefore relieves Contractor from liability under warranties contained in or implied by this Agreement 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. 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. 13 | P a g e EXHIBIT A SCOPE OF SERVICES The tasks below are intended to indicate the broad and diverse range of services the City may contract for and not necessarily the scope of a typical Task Order. A. PROJECT MANAGEMENT 1. Work scope and proposal development assistance for a particular task order. 2. Prepare and maintain the project schedule and manage consultant staff and subconsultants to meet schedule project milestones. 3. Schedule and conduct project meetings and prepare agendas and meeting notes. 4. Prepare monthly progress reports, invoices, and cost versus budget vs percent complete reports. B. CONCEPT PLANNING AND ENGINEERING 1. Research “as-built” records and other historical data. 2. Perform technical evaluations, literature research, field investigations, mathematical analyses, computer modeling, permitting agency coordination, and/or other work to determine current conditions and potential constraints and fatal flaws affecting the permitting or construction of a future project. 3. Identify and evaluate concept level project alternatives and prepare conceptual designs and cost estimates for future projects. 4. Create project design criteria and/or performance criteria for future projects. 5. Update existing utility master plans. 6. Participate/Lead public meetings to forward conceptual design and solicit public input. C. PRELIMINARY AND FINAL DESIGN 1. Prepare preliminary (30%, 60%) and final (90%) project designs, drawings, and specifications based upon City Standards, Oregon Department of Transportation (ODOT) Standards, Clean Water Services (CWS) Standards and/or other standards, including preparing supplemental general conditions and special provisions. Prepare Engineers Estimates and Bid Documents. 2. Perform specialized field investigations such as soil borings and other geotechnical investigations, water quality sampling, and pipeline condition assessments and leak studies. 3. Conduct design review meetings, document and distribute review comments, and revise designs, drawings, specifications, and contract documents as needed. 4. Perform field and topographic surveys to support concept designs and/or final design and drawing preparation. 5. Prepare environmental reviews and documentation, environmental permit application submittals, and permitting agency coordination. 6. Prepare documents and maps for right-of-way, easement, and property acquisitions, and assist with title work and negotiations. D. CONSTRUCTION ENGINEERING AND FIELD SERVICES 1. Perform surveying services as requested during construction. 2. Perform as-built surveys, establish final survey monuments per Washington County standards, and file official maps with the City or County as needed. 3. Provide on-site engineering and inspection support during construction, including field evaluation of specification compliance, submittal reviews, change order reviews, design revisions, billing and quantity reviews, construction management, and value engineering reviews. 4. Prepare hard copy and electronic as-built record drawings following construction completion. E. INVESTIGATIONS, STUDIES, ANALYSES AND OTHER CONSULTING 1. Cost of service analyses (e.g., rate studies and evaluations) 14 | P a g e 2. Environmental studies, assessments, reports, and submittals such as wetland delineations, mitigation plans, and Joint Permit Applications 3. Regulatory compliance studies and submittals such as Water Management and Conservation Plans, annual water rights reports, and mixing zone studies 4. Seismic and structural analyses 5. Forensic investigations and analyses 6. SCADA In Portland, OR at 2020 SE 7th Ave. Suite 200 Portland OR 97214 Tel: (503)256-7718 Fax: (503) 256-7679 Web: www.portlandengineers.com In Central Point, OR at 7675 High Banks Road Suite 1 Central Point OR 97502 Tel: (541) 664-6200 Fax: (541) 664-9094 Email: info@portlandengineers.com General Contractors License #135739 Washington Contractors License PORTLEI920OZ Revision 2016-01-01 This document is the exclusive property of Portland Engineering, Inc. and contains information that is confidential and privi leged. Any dissemination, distribution or copying of this document is prohibited without written permission. City of Tigard Integrator of Record Service & Fee Schedule  System Design  Scope of Work Development  Cost Evaluation and Estimation  Project Management  Construction Management  Software Specification, Procurement, Installation  Historian, MES, Data Systems Configuration  Industrial Networks, VPNs, Security  Computer Virtualization  Training  HMI Application Development  PLC Programming  Field Service  Telephone and Remote Access Support  Wiring Diagrams  Panel Design $140.00/hour  Administrative Services $55.00/hour Normal business hours are Monday through Friday, 8:00 am to 5:00 pm. Service and travel time outside of normal business hours will be billed at 1.5 times the above fees. Service and travel time on Sunday and Holidays will be billed at 2 times the above fees. Travel time will be billed from the location of the dispatched engineer with an additional mileage charge of $0.56/mile or at the current IRS mileage reimbursement rate. Terms - Net 30 days. A 1.5% per month interest fee will apply on all outstanding invoices. All applicable state and local tax fees apply. PEI Holidays: New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving, Christmas Day.