Loading...
Carollo Engineers ~ Contract# CITY OF TIGARD, OREGON ENGINEERING SERVICES AGREEMENT WATER SYSTEM MASTER PLAN THIS AGREEMENT, made and entered into this 14 day of July 2009, by and between the City of Tigard, a municipal corporation, hereinafter referred to as the "City," and Carollo Engineers, whose authorized representative is Dave l7raska, PE, and having a principal being a registered engineer of the State of Oregon, hereinafter referred to as the "Engineer." RECITALS WHEREAS, the City's Fiscal Year 2009-2010 budget provides for the development of a water system master plan; and WHEREAS, the accomplishment of the work and services described in this Agreement is necessary and essential to the public works improvement program of the City; and WHEREAS, the City desires to engage the Engineer to render professional engineering services for the project described in this Agreement, and the Engineer 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. Engineer's Scope of Services The Engineer shall perform professional engineering services relevant to the Project in accordance with the terms and conditions set forth herein, and as provided in Exlibit 1, which is attached hereto and by this reference made a part of this Agreement. 2. Effective Date and Duration This agreement shall become effective upon the date of execution by the City's Local Contract Review Board, and shall expire, unless otherwise terminated or extended, on completion of the work or June 30, 2010, whichever comes first. Al! work under this Agreement shall be completed prior to the expiration of this Agreement. 3. Engineer's Fee A. Basic Fee 1) As compensation for Basic Services as described in Exhibit 1 of this Agreement, and for services required in the fulfillment of Paragraph 1, the Engineer shall be paid on an hourly rate based upon the "Schedule of Rates" in Exhibit 1 of this agreement, which shall 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. The Basic Fee shall not exceed the amount of One Hundred Twenty Five Thousand Two Hundred Eight Seven and No/100 Dollars (5125,287.00) without prior written authorization. 2) The parties hereto do expressly agree that the Basic Fee is based upon the Scope of Services to be provided by the Engineer and is not necessarily 2009 ESA—Water System Master Plan Page 1 Contract# related to the estimated construction cost of the Project. 1n the event that the actual construction cost differs from the estimated construction cost, the Engineer's compensation will not he adjusted unless the Scope of Services to be provided by the Engineer changes and is authorized and accepted by the City. B. Payment Schedule for Basic Fee Payments shall be made upon receipt of billings based on the work completed. Billings shall be submitted by the Engineer periodically,but not more frequently than monthly. Payment by the City shall release the City from any further obligation for payment to the engineer for service or services performed or expenses incurred as of the date of the statement of services. Payment shall be made only for work actually completed as of the date of invoice. Payment shall not be considered acceptance or approval of any work or waiver of any defects therein. C. Payment for Special Services Only when directed in writing by the City, the Engineer shall furnish or acquire for the City the professional and technical services based on the hourly rate schedule as described in Exhibit 1 of this contract for minor project additions and/or alterations. D. Certified Cost Records The Engineer shall furnish certified cost records for all billings pertaining to other than lump sum fees to substantiate all charges. For such purposes, the books of account of the Engineer shall be subject to audit by the City. The Engineer shall complete work and cost records for all billings on such forms and in such manner as will be satisfactory to the City. E. Contract Identification The Engineer shall furnish to the City its employer identification number, as designated by the Internal Revenue Service, or social security number, as the City deems applicable. F. Pavment—General 1) Engineer shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. 2) Engineer shall pay employees at least time and a half pay for all overtime worked in excess of 40 hours in any one week except for individuals under the contract who are excluded under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from receiving overtime. 3) Engineer shall promptly, as due, snake 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 Engineer or all sums which Engineer agrees to pay for such services and all moneys and sums which Engineer collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. 2009 ESA—Water System Master Plan Page 2 Contract# 4) The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract. 5) Engineer shall make payments promptly, as due, to all persons supplying services or materials for work covered under this contract. Engineer shall not permit any lien or claim to be filed or prosecuted against the City on any account of any senTice or materials furnished. 6) If Engineer fails, neglects or refuses to make prompt payment of any claim for labor, materials, or services furnished to Engineer, sub-consultant or subcontractor by any person as such claim becomes due, City may pay such claim and charge the amount of the payment against funds due or to become due to the Engineer. The payment of the claim in this manner shall not relieve Engineer or their surety from obligation with respect to any unpaid claims. 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 and shall remain, the property of the Engineer; however, the City shall be furnished, at no additional cost, one set of previously approved reproducible drawings, on 3 mil minimum tivckness mylar as well as diskette in "DWG" or "DXF" format, of the original drawings of the work. The City shall have unlimited authority to use the materials received from the Engineer in any way the City deems necessary. S. The City shall mare copies, for the use of and without cost to the Engineer, of all of its maps, records, laboratory tests, or other data pertinent to the work to be performed by the Engineer 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 Engineer shall 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 the Engineer at no additional expense to die City except as provided elsewhere in this Agreement. 5. Assignment/Delegation Neither party shall assign, sublet or transfer any interest in or duty under this Agreement Without die written consent of the other and no assignment shall be of any force or effect whatsoever unless and until die other party has so consented. If City agrees to assignment of tasks to a subcontract, Engineer shall be fully responsible for the acts or omissions of any subcontractors and of all persons employed by them, and neither the approval by City of any subcontractor nor anything contained herein shall be deemed to create any contractual relation between the subcontractor and City. 6. Engineer is Independent Contractor A. The City's project director, or designee, shall be responsible for determining whether Engineer's work product is satisfactory and consistent with this agreement, but Engineer is not subject to the direction and control of the City. Engineer shall be an 2009 ESA—Water System Master Plan Page 3 Contract# independent contractor for all purposes and shall be entitled to no compensation other than the compensation provided for under Section 3 of this Agreement. B. Engineer is an independent contractor and not an employee of City. Engineer acknowledges Engineer's status as an independent contractor and acknowledges that Engineer is not an employee of the City for purposes of workers compensation law, public employee benefits law, or any other law. All persons retained by Engineer to provide services under this contract are employees of Engineer and not of City. Engineer acknowledges that it is not entitled to benefits of any kind to which a City employee is entitled and that it shall be solely responsible for workers compensation coverage for its employees and all other payments and taxes required by law. Furthermore, in the event that Engineer is found by a court of Iaw or an administrative agency to be an employee of the City for any purpose, City shall be entitled to offset compensation due, or to demand repayment of any amounts paid to Engineer under the terms of the agreement, to the full extent of any benefits or other remuneration Engineer 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 Engineer or to a third party) as a result of said finding. C. The undersigned Engineer 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 the Engineer, either directly or indirectly, in connection with the letting or performance of this Agreement, except as specifically declared in writing. D. If this payment is to be charged against Federal funds, Engineer certifies that he/she is not currently employed by the Federal Government and the amount charged does not exceed his/her normal charge for the type of service provided. E. Engineer 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. F. Engineer certifies that it currently has a City business tax receipt or will obtain one prior to delivering services under this Agreement. G. Engineer is not an officer, employee, or agent of the City as those terms are used in ORS 30.265. 7. Indemnity A. The City has relied upon the professional ability and training of the Engineer as a material inducement to enter into this Agreement. Engineer represents to the City that the work under this contract will be performed in accordance with the professional standards of skill and care ordinarily exercised by members of the engineering profession under similar conditions and circumstances as well as the requirements of applicable federal, state and local laws, it being understood that 2009 ESA—Water System Master Plan Page 4 Contract## acceptance of an Engineer's work by the City shall not operate as a waiver or release. Acceptance of documents by City does not relieve Engineer of any responsibility for design deficiencies, errors or omissions. B. Claims for other than Professional Liability. Engineer shall defend, save and hold harmless the City of Tigard, its officers, agents, and employees 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 negligent activities of Engineer or its subcontractors, sub-consultants, agents or employees under tivs contract. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. C. Claims for Professional Liability. Engineer shall defend, save and hold harmless the City of Tigard, its officers, agents, and employees 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 Engineer or its subcontractors, sub-consultants, agents or employees in performance of professional services under tlus agreement. Any design work by Engineer that results in a design of a facility that is not readily accessible to and usable by individuals with disabilities shall be considered a professionally negligent act, error or omission. D. As used in subsections B and C of this section, a claim for professional responsibility is a claim made against the City in wlvch the City's alleged liability results directly or indirectly, in whole or in part, from the quality of the professional services provided by Engineer, regardless of the type of claim made against the City. A claim for other than professional responsibility is a claim made against the City in which the City's alleged liability results from an act or omission by Engineer unrelated to the quality of professional services provided by Engineer. S. Insurance Engineer and its subcontractors shall maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance shall cover all risks arising directly or indirectly out of Engineer's activities or work hereunder, including the operations of its subcontractors of any tier. Such insurance shall include provisions that such insurance is primary insurance with respect to the interests of City and that any other insurance maintained by City is excess and not contributory insurance with the insurance required hereunder. The policy or policies of insurance maintained by the Engineer and its subcontractors shall provide at least the following limits and coverages: A. Commercial General Liability Insurance Engineer shall obtain, at Engineer's expense, and beep in effect during the term of this contract, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (1996 ISO or equivalent). This coverage 2009 ESA—Water System Master Plast Page 5 Contract# shall include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carried: Coverage Limit General Aggregate $2,000,000 Products-Completed Operations Aggregate 1,000,000 Personal &Advertising Injury 1,000,000 Each Occurrence 1,000,000 Fire Damage (Any one fire) 50,000 Medical Expense (Any one person) 5,000 S. Professional Liability Engineer shall obtain, at Engineer's expense, and keep in effect during the term of this contract, Professional Liability Insurance covering any damages caused by an error, omission or any negligent acts. Combined single limit per occurrence shall not be less than $1,000,000, or the equivalent. Annual aggregate limit shall not be less than $2,000,000 and filed on a "claims-made" form. C. Commercial Automobile Insurance Engineer shall also obtain, at architect's expense, and keep in effect during the term of the contract (Symbol 1 or Symbols S and 9 as applicable) Commercial Automobile Liability coverage on an "occurrence" form including coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than $1,000,000. D. Workers' Compensation Insurance The Engineer, its subcontractors, if any, and all employers providing work, labor or materials under this Contract are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon late 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. Engineers who perform work without the assistance or labor of any employee need not obtain such coverage. This shall include Employer's Liability Insurance with coverage limits of not less than $100,000 each accident. E. Additional Insured Provision The Commercial General Liability Insurance Policy and other policies the City deems necessary shall include the City its officers, directors, and employees as additional insureds with respect to this contract. F. Extended Reporting Coverage If any of the aforementioned 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 the maximum time period the Engineer's insurer will provide such if less than 24 months. Engineer will be responsible for furnishing 2009 ESA—Water System Mester Plan Page 6 Contract# 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. Notice of Cancellation There shall be no cancellation, material change, exhaustion of aggregate limits or intent not to renew insurance coverage without 30 days written notice to the City.. The 30 days notice of cancellation provision shall be physically endorsed on to the policy. H. Insurance Carrier Rating Coverage provided by the Engineer must be underwritten by an insurance company deemed acceptable by the City. The City reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. 1. Certificates of Insurance As evidence of the insurance coverage required by the contract, the Engineer shall furnish a Certificate of Insurance to the City. No contract shall be effected until the required certificates have been received and approved by the City. The certificate will specify, and document all provisions within this contract. A renewal certificate will be sent to the address below ten days prior to coverage expiration. J. Primaiv Coverage Clarification The parties agree that Engineer's coverage shall be 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 contract. Engineer's insurance policy shall contain provisions that such policies shall not be canceled or their limits of liability reduced without 30 days prior notice to City. A copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company, or at the discretion of City, in lieu thereof, a certificate in form satisfactory to City certifying to the issuance of such insurance shall be forwarded to: City of Tigard Attn: Rob Murchison,Water Engineer 13125 SW Hall Blvd Tigard, Oregon 97223 2009 ESA—eater System Master Plan Page 7 Contract# Such policies or certificates must be delivered prior to commencement of the work. Thirty days cancellation notice shall be provided City by certified mail to the name at the address listed above in event of cancellation or non-renewal of the insurance. The procuring of such required insurance shall not be construed to limit Engineer's liability hereunder. Notwithstanding said insurance, Engineer shall be obligated for the total amount of any damage, injury, or loss caused by negligence or neglect connected with this contract. 9. Termination Without Cause At any time and without cause, City shall have the right in its sole discretion, to terminate this Agreement by giving notice to Engineer. If City terminates the contract pursuant to thus paragraph,it shall pay Engineer for services rendered to the date of termination. 10. Termination With Cause A. City may terminate thus Agreement effective upon delivery of written notice to Engineer, 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. Thus 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 allowabhe or appropriate for purchase under tivs Agreement. 3) If any license or certificate required by lav or regulation to be held by Engineer, its subcontractors, agents, and employees to provide the services requiired by this Agreement is for any reason denied, revolted, or not renewed. 4) If Engineer becomes insolvent, if voluntary or involuntary petition in bankruptcy is filed by or against Engineer, if a receiver or trustee is appointed for Engineer, or if there is an assignment for the benefit of creditors of Engineer. Any such termination of thus agreement under paragraph (A) shall 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 Engineer, may terminate the whole or any part of this Agreement: 1) If Engineer fails to provide services called for by this agreement within the time specified herein or any extension thereof, or 2) if Engineer fails to perform any of the other provisions of this Agreement, or so 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, 2009 LSA—Water System Master Plan Page 8 Contract# fails to correct such failures within ten days or such other period as City may authorize. 3) If Engineer fails to eliminate a conflict as described in Section 14 of this agreement. The rights and remedies of City provided in the above clause related to defaults (including breach of contract) by Engineer shall not be 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), Engineer shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred, an amount which bears the same ratio to the total fees specified in this Agreement as the services satisfactorily rendered by Engineer bear to the total services otherwise required to be performed for such total fee; provided, that there shall be deducted from such amount the amount of damages,if any, sustained by City due to breach of contract by Engineer. Damages for breach of contract shall be those allowed by Oregon lain, reasonable and necessary attorney fees, and other costs of litigation at trial and upon appeal. 11. Non-Waiver The failure of City to insist upon or enforce strict performance by Engineer 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. 12. Method and Place of Giving Notice Subn-dtting Bills and Maldng Pa eats All notices, bills and payments shall 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 shall be used to transmit notices,bills,payments,and other information: CITY OF TYGAItD CAROLLO ENGINEBR$, Attn: Rob Murchison, Engineer Attn: Nicki Pozos Address: 13125 SW Hall Blvd., Address: 4380 SW Macadam Avenue, Suite 350 Tigard, Oregon 97223 Portland, Oregon 97239 Phone: (503) 718-2699 Phone: 503 227-1885 Fax: (503) 684-7297 Fax: (503) 227-1747 Email Address: rob ma,tigard-or.�ov Email Address: n ozos carol.lo.corn and when so addressed, shall be deemed given upon deposit in the United States mail, postage prepaid, or when so faxed, shall be deemed given upon successful fax. In all other instances, notices, bills and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills and payments are to be given by giving written notice pursuant to this paragraph. 13. 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 2009)SA—Water System Master Plan Page 9 Contract# Agreement. No modification of this Agreement shall be effective unless and until it is made in writing and signed by both parties. 14. Professional Services The City requires that services provided pursuant to this agreement shall be provided to the City by an Engineer, which does not represent clients on matters contrary to City interests. Further, Engineer shall not engage services of an engineer and/or other professional who individually, or through members of his/her same firm, represents clients on matters contrary to City interests. Should the Engineer represent clients on matters contrary to City interests or engage the services of an engineer and/or other professional who individually, or through members of his/her same firm, represents clients on matters contrary to City interests, Engineer shall consult with the appropriate City representative regarding the conflict. After such consultation, the Engineer shall have ninety (90) days to eliminate the conflict to the satisfaction of the City. if such conflict is not eliminated within the specified time period, the agreement may be terminated pursuant to Section 10 (B - 3) of this agreement. 15. Force Majeute Neither City nor Engineer shall 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 shall within ten days from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue performance of its obligation under the Agreement. 16. Non-Discrimination Engineer agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statues, rules, and regulations. Engineer also shall comply with the Americans with Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules established pursuant to those laws. 17. Errors Engineer shall 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. 18. Extra (Changes) Work Only the (City staff member's title & name) may authorize extra (and/or change) work. Failure of Engineer to secure authorization for extra work. shall constitute a waiver of all right to adjustment in the contract price or contract time due to such unauthorized extra work and Engineer thereafter shall be entitled to no compensation whatsoever for d1e performance of such work. 2009 LISA—Water System Master flan Page 10 Contract ## 19. Governing Law The provisions of t1-tis Agreement shall be construed in accordance with the provisions of the laws of the State of Oregon. Any action or suits involving any question arising under tivs Agreement must be brought in the appropriate court of the State of Oregon. 20. Compliance With Applicable Law Engineer shall comply with all federal, state, and local latus and ordinances applicable to the work under this Agreement,including those set forth in ORS 279C. 21. Conflict Between Terms It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument in the proposal of the contract, this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. 22. Access to Records City shall have access to such books, documents, papers and records of Engineer as are directly pertinent to this Agreement for the purpose of malting audit, examination, excerpts and transcripts. 23. Audit Engineer shall 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. Engineer agrees to permit City, the State of Oregon, the federal government, or their duly authorized representatives to audit all records pertaining to ties Agreement to assure the accurate expenditure of funds. 24. 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 shall not be affected to the extent that it did not materially affect d1e intent of the parties when they entered into the agreement. 25. Industrial Accident Fund ftyment Engineer shall pay all contributions or amount due the Industrial Accident Fund form that Contractor or subcontractors incur during the performance of this Agreement. 26. Complete Agreement This Agreement and attached exhibit(s) constitutes the entire Agreement between the parties. No waiver, consent, modification, or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be effective only in specific instances and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. Engineer, by the signature of its authorized representative, hereby 2009 GSA—Water System Master Plan Page 1 l Contract# aclmowledges that he/she has read tl-is Agreement, understands it and agrees to he bound by its terms and conditions. IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized undersigned officer and Architect has executed this Agreement on the date hereinabove first written. Approved by Tigard's Local Contract Review Board: -June 09,2009 CITY GARD CAROLLO ENGINEERS By: Au qlbrized City Representative By: Authorized Contractor lCepresentative -7 rl(j I Date Date By: Authorized Contractor Representative -7/ -Zell 0 9 Date 2009 ESA—Water System Master Plan Page 12 Contract# EXHIBIT 1 DUTY OF ENGINEER INTRODUCTION In developing a joint water supply with the City of Lake Oswego, the City of Tigard (City) is making a significant investment to ensure future reliable water supply for the City. The required supply improvements to bring water to the City's service area were identified in the 2007 Joint Water Supply Study. However, the City has recognized the need for a Water System Master Plan (Master Plan) to identify improvements needed within the City's system to implement the new water supply, as well as to meet other short- and long-term needs. To meet these needs, the Master Plan must meet the following objectives: • Provide the City with a reliable and accurate hydraulic water system model for the current system analysis that will also serve as a foundation for future projects. • Identify improvements needed to integrate the joint water supply, as well as short-term improvements associated with the existing Portland supply. • Provide a capital improvements program (CIP) with a prioritized list of improvements with proposed timing, project triggers, and reliable cost estimates. • Provide documentation and tools that will facilitate use of the Master Plan for future decision making. • Estimate proportional ownership in the overall water system using a reasonable and defensible methodology for two areas: (1) an area within the existing service area, and (2) the "Tier 2" area that may be developed and served by the City in the future. We understand the above information will be used by the City to revise its rates and system development charges (SDCs), to fund the new supply and related improvements. SCOPE OF WORK The following sections summarize the scope of work (SOW) for the City's Master Plan. Carollo Engineers, P.C. (the Consultant) shall perform the majority of this work, with support from City staff. Results will be presented in a series of Technical Memoranda (TMs), which will become chapters in the draft Master Plan Report. Phase I -Model Build Task 1—Project Management The purpose of this task is to direct all activities within the Master Plan and maintain the project within the contracted scope, schedule, and budget. It is assumed tivs task includes up to six coordination meetings with City staff, as shown in the Project Schedule. Under this task, Consultant shall conduct the following subtasks: 1.1 Project Administration. Consultant shall prepare and implement the project plan, schedule and budget. Consultant shall prepare and submit monthly activity reports showing current project status, Ivey issues for the upcoming reporting period, and a summary of funds expended to date. 1.2 Coordination Meetings. Consultant shall maintain regular progress conference calls or meetings with the City. This shall include a maximum of six coordination meetings with City 2009 ESA—Water System Master Plan Page 13 Contract# staff to facilitate information and data exchange, review project progress, provide the City with continuing insight into the project findings, and facilitate a common understanding of the Master Plan direction, objectives and deliverables. 1.3 QA/QC Review. Consultant shall perform internal review of submittals for quality assurance and quality control purposes. 1.4 Modeling Software Identification. Consultant shall provide City staff with a brief decision matrix, recommendation and references for hydraulic model software packages. It is assumed that the selected package will either be Infowater (MW'/HSoft) or Water GEMS (Bentley). Deliverables. Deliverables under this task will consist of the Project Administration Plan, and meeting agendas and notes, as needed. Meetings with City Staff. Meetings will include up to six coordination meetings, as referenced throughout the following tasks. City Responsibilities. Attend coordination meetings and provide consensus comments on deliverables within two weeks of each submittal. Task 2—Data Gathering The purpose of this task is to gather system information based on existing documentation, electronic files, and interviews of City staff. It is assumed that the ldckoff meeting, site visits, and interviews will be conducted within a single day. Under this task, Consultant shall conduct the following subtasks: 2.1 Kickoff Meeting and Project Overview. The kickoff meeting will be used to establish project procedures, establish lines of communications, confirm project roles, and define City and Consultant expectations. The Consultant shall also assist the City in the selection of a preferred vendor for the hydraulic modeling software package. 2.2 Conduct Interviews. Key City staff, as identified in the City's initial Request for Proposals, shall be briefly interviewed to provide the Consultant with a better understanding of the existing distribution system operation. 2.3 Collect and Review Current Mapping and Other Water System Data. Following the kickoff meeting and preliminary interviews with City staff, Consultant shall prepare a detailed request for mapping and water system data. Upon review of the supplied data for adequacy, Consultant shall notify City if additional information is required. Deliverables. Deliverables under this task will consist of meeting notes for interviews with City staff. Information on the existing system will be incorporated into TM I - Intiroductian and Existing Facilities. Meetings with City Staff. A kickoff meeting will be conducted with City staff, including review of existing system information. 2009 ESA—Water System Master Plan Page 14 Contract# City Responsibilities. Attend meetings and participate in staff interviews. Provide existing water system data, including GIS information, pump curves, operational setpoints, and other information as requested and available. Task 3—Water Demand Study The purpose of this task is to establish current system per capita usage, peaking factors, and diurnal patterns. Under this task, Consultant shall conduct the following subtasks: 3.1 Calculate Existing Production. Utilize existing water supply data to evaluate historical water use. Source data to be supplied by City includes water supply (City of Portland and other water supply from adjacent utilities) and reservoir level and pump station data from the City's SCADA system. Data will be used to determine average day, maximum day and peak hour demand conditions. If data are insufficient to determine the peak hour peaking factor, a standard peaking factor of 2.0 (ratio of peak hour to peak day) will be used. 3.2 Calculate Existing Customer Usage. Use City's billing data to compile summary of water use for the City for comparison to water supply data. 3.3 Develop System Wide Diurnal Water Use Patterns. Using hourly water production, tank level data, and pump station data (as applicable), develop a single diurnal water use graphs representing the City's system. The diurnal pattern will be assigned to all nodes in the hydraulic model. Deliverables. Production and customer usage data developed under thus task will be included in TA/1 2 - Population and Duvand Pivjections. Data will be incorporated into the base hydraulic model, as appropriate. Meetings with City Staff. Results will be discussed with City staff at Coordination Meeting No. 1. City Responsibilities. Provide detailed water supply data from City of Portland and others. Provide detailed City billing records for water supply usage. Task 4—Hydraulic Models The purpose of this task is to develop the base hydraulic model based on GIS and existing hydraulic modeling data. Thus task assumes the City's GIS data are up to date. This task will include geo- coding billing data to nodes within the model, assuming sufficient data can be attained from the City's billing system. The fire flow evaluation will be conducted following completion of model verification under Task 5. Under this task, Consultant shall conduct the following subtasks: 4.1 Model Preparation. Consultant shall utilize City's GIS data to serve as a basis for hydraulic model selected in Task 1. The City's existing WaterCAD model shall be used as the source of information for existing facility pump curves and operational setpoints, as available. It is assumed that GIS data will be available for all key water system facilities, including pipelines, pump stations, reservoirs, valves, hydrants, and transmission facilities to be included in the model. It is assumed the City has a GIS layer for the pressure zones boundaries and has mapping available showing locations of closed valves delineating the zone boundaries, as well as depicting the connectivity of the piping system. 2009 LSA—Water System Master Plan Page 15 Contract# 4.2 Assign Water Demands. The Consultant shall use the City's billing data to assign each account's water usage to the nearest node in the hydraulic model (known as geo-coding), based on maximum day conditions. Using the data developed in Task 3, the geo-coded demands will then be scaled to establish three sets of water demand conditions: average day demand, maximum day demand, and peak hour demand. 4.3 Fire Flow Evaluation. Consultant shall perform an assessment of fire flow capacity for both current and future conditions (to be completed under Task 8), Deliverables. Information developed under this task will be included in TM 3 — Hydraulic Model Development. The exception is the fire flow analysis,which will be included in TM 4—5ysteirnAs alysia. Meetings ivtth City Staff. Initial hydraulic modeling progress will be discussed at Coordination Meeting No. 1. City Responsibilities. Provide GIS data for water supply, transmission and distribution system. Task 5—Model Verification The purpose of this task is to verify the accuracy of the base hydraulic model. The approach shall include a comparison to SCADA data to verify pump station and reservoir operations in Extended Period Simulation (EPS) mode. It is assumed that the City will measure pressure and flow rates during hydrant testing and possesses the required equipment. Under this task, Consultant shall conduct the following subtasks: 5.1 Develop Verification Plan for Model. Consultant shall prepare a testing plan for calibrating the hydraulic model, consisting of hydrant and pressure tests, verification of SCADA data, and establishment of calibration criteria. The hydrant test Plan shall include locations of hydrants to be tested and specific system information to be collected during the tests (e.g., reservoir levels and pump station flows). Hydrant test data to be collected by the City shall include static pressure (with the hydrant closed), residual pressure (with the hydrant flowing) and hydrant flow rates. Pump tests will include gathering data for a single operating point at each pump or pump station to confirm model pump curves. 5.2 Perform Hydraulic Verification Testing of Model. Consultant shall coordinate with the City to conduct calibration testing. City shall operate all water system appurtenances, including hydrants, pumps, etc., and shall provide pressure gauges, flow meters and chlorine dissipation equipment. City staff shall provide SCADA data for reservoir levels, pump station settings, and supply flow rates representing the time at which the hydrant testing is conducted. Verification will be limited to a total of up to 10 hydrant tests. 5.3 Perform Hydraulic Verification of Model. Consultant shall perform computer model simulations for each hydrant test condition. The results of the simulations shall be compared to the verification testing data at each test location. Each discrepancy shall be individually evaluated. Consultant shall compare pump test data to available pump curve or operational set point information for each pump or pump station; existing pump information will be replaced with a new operational setpoint based on the pump testing, if appropriate. 2009 ESA—Water System Master Plan Page 16 Contract# Consultant shall verify model performance with the City's SCADA data, such as tank tivater levels and fluctuation rates, and pump cycling times and flow rates. Deliverables. Information developed under this task shall he included in TM 3 — Hjdaulic Model Derelopment. The calibration test plan shall be a separate deliverable. Meetings with City Staff. The verification test plan shall be presented at Coordination Meeting No. 1. Verification results shall he presented at Coordination Meeting No. 2. City Responsibilities. Conduct verification testing, including collection of hydrant and pump testing results, and provision of associated SCADA data. Task 6—Technical Report The purpose of this task is to develop the initial set of draft TMs,which shall include: • TM 1 - Introduction and Existing Facilities • TM 2 -Population and Demand Projections • TM 3 - hydraulic Model Development Each TM shall become a chapter in the draft Master Plan Report. Under this task, Consultant shall conduct the following subtasks: 6.1 Draft Technical Memoranda. Under this task, Consultant shall develop draft versions of the three TMs described above, including all necessary Figures and tables. 6.2 Final Technical Memoranda. Under this task, Consultant shall develop final versions of each of the three TMs described above, based on input from City staff. The final TMs hill chapters in the draft Master Plan Report. Deliverables. Draft and final versions of TMs 1 through 3. Two hard copies of each of the draft TMs shall be provided to the City. Final versions of the TMs shall be included in the draft Master Plan Report. Meetings with City Staff. City comments on the draft TM shall be discussed at Coordination Meeting No. 3. City Responsibilities. Provide written consensus comments on the TMs witivn two weeks of submittal. Phase 11 - System Evaluation and Planning Task 7—Develop Future Model The purpose of this task is to develop a model scenario representing future conditions in the Tigard system. Under this task, Consultant shall conduct the following subtasks: 7.1 Future Demand Forecast for System. The City shall provide future population projections and land use planning data for build out and up to three intermediate planning horizons. The Consultant shall use per capita demands to calculate future demands. The City shall provide 2009 ESA—Water System Master Plan Page 17 Contract# population data by pressure zone, including a separate estimate for the Tier II service area. If data by pressure zone are not available, the geocoding in Task 4 shall be used to distribute demands among the zones. 7.2 Create Future System Model. The model shall incorporate future water demands and fire supply requirements for both existing and future service areas, and shall be able to incorporate a water supply from either the City of Portland or the City of Lake Oswego. The model simulations shall be conducted in EPS mode to more accurately reflect the operations of the City's system. The Consultant shall provide the City with modeling results for two future water supply scenarios: 1. A 5- to 10-year demand forecast with the current City of Portland water supply. A 2. A 20-year demand forecast with the future City of Lake Oswego water supply, including the scheduled implementation of the necessary facilities to incorporate this supply, assumed to originate at the City of Lake Oswego's Waluga Reservoir site. Water supply for tl-r s latter study shall be based on recommended facilities in the 2007 joint 117ater Si pp1,Study. Both future scenarios-will include use of the City's Aquifer Storage and Recovery (ASR) wells. Deliverables. Information developed under this task shall be included in TM 2 - Popula",ion and Demand%jectrons, as described under Task 6. Meetings rvirh City Staff. Preliminary projections shall be reviewed with City staff at Coordination Meeting No. 1. City Responsibilities. Provide billing data sufficient for the geocoding operation. Task 8--Distribution System Evaluation The purpose of this task is to evaluate the current and planned future system to identify deficiencies in pipeline, storage, and pumping capacity. Improvements required to address the deficiencies shall be identified. 8.1 Water System Evaluation. Consultant shall provide criteria for the water system evaluation (e.g., minimum system pressures under peak hour, maximum pipeline velocities). Criteria will be based on current regulatory requirements, general engineering practices and City standards. The hydraulic model will be used to evaluate minimum system pressures and available fire flows for the existing model and the two future model scenarios. Available fire flows will be evaluated system-wide for meeting residential criteria. In addition, available fire flows will be evaluated at up to 10 locations with high flow requirements, as identified by the City. Consultant shall focus on minimizing improvements associated strictly with the Portland supply unless these improvements also provide benefits under the long-term water supply configuration. Pump station and storage capacities will be evaluated using MS Excel. New storage projects and pump station projects shall be identified by capacity, service area, and general location; it is assumed that specific properties shall not be specified unless previously identified. Consultant shall provide the cost and schedule for a flushing program to proactively address potential water quality problems resulting from the new supply. The flushing program shall 2009 ESA—Water System Master Plan Page 18 Contract# be included in the CIP under Task 9; actual design of a unidirectional flushing program is not included within this scope. 8.2 hydraulic Model Training (Optional). Consultant shall provide a one-day training to Cite staff on use of the hydraulic model, as well as 8 hours of ongoing technical support. The training will he hands-on and include exercises specific to the City's system. Deliverables. Information developed under this task shall be included in TM 4 -3lstem Analysis. Meetings with City Staff. Identified system deficiencies shall he reviewed with City staff at Coordination Meeting No. 3. Proposed improvements to be included in the CIP shall be presented at Coordination Meeting No. 4. City Responsibilities. Provide input on evaluation criteria and provide feedback on potential improvements to address identified deficiencies. If the City opts to have the optional hydraulic model training, the City will be responsible for providing a suitable facility, and all required computer equipment and software for City participants. Task 9— Capital Improvements Plan (CIP) Consultant shall develop a defensible, prioritized, 20-year CIP based on improvements identified in Task 8. The CIP shall be presented as both a "static" paper CIP, and as an electronic tool that the City can use for future planning. The CIP shall clearly identify short-terns improvements for immediate needs, versus long-term improvements associated with the joint water supply. Specific subtasks under this task include: 9.1 Prepare Cost Estimates for System. Cost estimates shall be planning level cost estimates, and shall include comparison to one to three recently completed projects (depending on availability of data). 9.2 Develop Capital Improvements Plan. The short-term CIP shall include projects required to address immediate needs,with emphasis on fire flow and water service issues. The long-term CIP shall include projects required to address future needs, with emphasis on projects required to integrate the joint water supply. Consultant shall also provide an electronic CIP in MS Excel format. Deliverables. Information developed under this task shall be included in TM S - Capitallmprovements Platt. Meetings with City Staff.The draft CIP shall be presented at Coordination Meeting No. 5. City Responsibilities. Provide bid data for comparable projects, as available. Task 10—Water System Master Plan The purpose of this task is to provide clear documentation of all work conducted for the master plan, as well as to present results to the City's Council. This task shall include development of two TMs: 2009 ESA—Water System Master Plan Page 19 Contract# • TM 4 - System Analysis + TM 5 - Capital Improvements Program Each TM shall become a chapter in the Draft Master Plan Report. Draft submittal shall include: • Executive Summary • Summary of population projections and water demand summary • Documentation of modeling methodologies and assumptions + Colored maps of the existing facilities,identified system deficiencies, and proposed improvements. • Summary of existing system facilities • Discussion of hydraulic model evaluation results • Justification for recommended projects in the CIP + Tier I entity assets and percentage of system searing each entity (see Task 11) + Tier II list of future system assets required to serve the area (see Task 11) • Capital Improvements Plan + 0 ther.supporting documentation Consultant shall also participate in up to two Council Meetings, either giving presentations or providing support information to City staff. Deliverables. Deliverables shall include two printed copies of the Draft Report, written responses to City comments, and five printed copies and one Adobe Acrobat version of the Final Report. Deliverables associated with the Council Meetings shall consist of Microsoft PowerPoint presentations. Meetings with City Staff. City comments on the Draft Master Plan shall be reviewed at Coordination Meeting No. G. City Responsibilities. City shall be responsible for all coorclination for Council Meetings. City shall also be responsible for providing written consensus comments on the draft Master Plan Report witivn two weeks of submittal. Task 11—Tier II Evaluation and Asset Allocation This task includes two distinct subtasks. Consultant shall evaluate potential improvements required to serve the Tier II Service Area, as well as provide an allocation of existing and planned water system assets to an area of interest within the existing service area. 11.1 Tier II System Evaluation. Consultant shall evaluate potential improvements required to serve the Tier II Service Area, as described in the West Bull Mountain Community Plan. It is assumed that the City shall provide population data for this area and that per capita demands shall be assumed to be the same as for the remainder of the service area. Identified infrastructure may include storage tanks, transmission lines to the Tier II area, and increased pump station capacity. This task does not include planning of the distribution system within the Tier II area or identification of specific new reservoir or pump station sites. 2009 LSA—Water System Master Plan Page 20 Contract# 11.2 Asset Allocation for Tier I Area. Consultant shall provide an allocation of existing and planned water system assets to the area of interest within the Tier I Study Area. The allocation shall be based on sound economic and engineering principles. This task shall include a list of assets within the area of interest, as well as percent allocations of other infrastructure, including transmission mains, reservoirs, and pump stations. It is assumed that the list of existing assets will only include those assets identified in the City's GIS. Deliverables. Information developed under this task shall be documented in draft and final versions of TAI 6 - Tien II 5emice Area 5tlydy and TAII 7—Asset Allocation Evaltealion. These TMs shall not be included in the Master Plan Report. Meetings with City Staff. Results of the draft analyses shall be reviewed with City staff at Coordination Meeting No. 5. City Responsibilities. City shall be responsible for providing written consensus comments on the draft TMs within two weeks of submittal. SCHEDULE We understand the City wishes to complete the Master Plan before the end of 2009. To meet this aggressive timeline we have developed a detailed schedule including major tasks, meetings with City staff, City review times, and deliverables. 2009 ESA—Water System Master Plan Page 21