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Murraysmith ~ C200078
CITY OF TIGARD-CONTRACT SUMMARY&ROUTING FORM Contract Overview Contract/Amendment Number: C200078 Contract Start Date: 04/01/2020 Contract End Date: 12/31/2023 Contract Title: ASR Wells Rehabilitation,Design& Construction Contractor Name: Murraysmith Contract Manager: Shasta Billings-Beck Department: PW ENG Contract Costs Original Contract Amount: $1,324,925 Total All Previous Amendments: Total of this Amendment: n a Total Contract Amount: $1,324,925 Procurement Authority Contract Type: Personal Services Procurement Type: Formal RFP >S1 50 Solicitation Number: LCRB Date: 03/17/2020 Emergency delaration Account String: Fund-Division-Account Work Order—Activit): yPe Amount FY Contracts & Purchasing Approval Purchasing Signature: . Comments: Extend contract end date DocuSign Routing Route for Signature Name Email Address Contractor Lael Alderman Lael.alderman(kmurraysmith.us City of Tigard Steve Rymer stever&tigard-or.gov Final Distribution Contractor Lael Alderman Lael.alderman murra smith.us Project Manager Shasta Billings-Beck Shastab ti and-or. ov Project Manager Buyer Toni Riccardi tonir ti and-or. ov DocuSign Envelope ID:3CA49BD1-2204-4061-8535-F5224D708EE2 CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT NUMBER 0200078 FOR ASR WELLS REHABILITATION,DESIGN&CONSTRUCTION 2&3 AMENDMENT #1 The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called City, and Murraysmith, hereinafter referred to as Contractor,is hereby amended as follows: 1. EFFECTIVE DATE AND DURATION Section 2 of the Contract is amended to provide that the expiration date is December 31, 2023. 2. Except as expressly provided in this contract amendment, all other terms remain unchanged IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized undersigned officer and Contractor has executed this Amendment upon signature and date listed below. CITY OF TIGARD MURRAYSMITH �rvoeusgrycor 7��-vocusionw w: Signature Signature Steve Rymer Lael Alderman Printed Name Printed Name 9/8/2022 9/8/2022 Date Date Rev.8/21 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM THIS FORM MUST ACCOMPANY EVER Y CONTRACT) Contract Title: ASR Wells Rehabilitation,Design,& Construction Number: Contractor: Murraysmith Contract Total: 51,324,925 Contract Overview: Murraysmith to provide professional engineering design and construction management services for the rehabilitation and construction of ASR wells. Initial Risk Level: ❑ Extreme ❑ High ® Moderate ❑ Low Risk Reduction Steps: Risk Comments: Risk Signature: Contract Manager: Shasta Billings-Beck Ext: 2798 Department: PW/EnVineering Type: ❑ Personal Svc ® Professional Svc ❑ Public Imp ❑ General Svc ❑ Coop Purchase ❑ Other: Start Date: April 1, 2020 End Date:Tune 30,2022 Quotes/Bids/Proposal: FIRM AMOUNT/SCORE Murraysmith $1324,925 Black&Veatch 2 Account String: Fund-Division-Account Work Order—Activity TXVe Amount FY 19/20 532-8000-56005 96053-130 $247,662 FY 20/21 532-8000-56005 96053-130 $477,126 FY 21/22 532-8000-56005 96053-130 $600,137 FY Approvals - LCRB Date: See Department Comments Department Comments: Contract approved by City Manager per emergency resolution passed by City Council on March 17, 2020. Department Signature: Purchasing Comments: Purchasing Signature: City Manager Comments: City Manager Signature: After securing all required approvals,forward original copy to the Contracting and Purchasing Office along with a completed Contract Checklist. ATTACHMENT C CITY OF TIGARD, OREGON PROFESSIONAL SERVICES AGREEMENT AQUIFER STORAGE AND RECOVERY (ASR) WELLS REHABILITATION, DESIGN,AND CONSTRUCTION THIS AGREEMENT, made and entered into this 25" day of March, 2020, by and between the City of Tigard, a municipal corporation, hereinafter referred to as the "City," and Murraysmith, hereinafter referred to as the "Contractor." RECITALS WHEREAS, the City's Fiscal Year 2019-2020 budget provides for engineering design and construction management services for the Aquifer Storage and Recovery (ASR) Wells Rehabilitation project; and WHEREAS, the accomplishment of the work and services described in this Agreement is necessary and essential to the program of the City; and WHEREAS, the City desires to engage the Contractor to render professional engineering design and construction management services for the project described in this Agreement, and the Contractor is willing and qualified to perform such services; THEREFORE, in consideration of the promises and covenants contained herein, the parties hereby agree as follows: 1. Scope of Services Contractor will perform professional engineering design and construction management services in accordance with the terms and conditions set forth herein, and as provided in Exhibit A, which is attached hereto and by this reference made a part of this Agreement. 2. Effective Date and Duration This Agreement is effective upon the date of execution and expires on June 30,2022,unless otherwise terminated or extended. All work under this Agreement must be completed prior to the expiration of this Agreement. 3. Compensation A. The maximum that Contractor may be paid on this Agreement is One Million Three Hundred Twenty-Four Thousand Nine Hundred Twenty-Five and No/100 Dollars ($1,324,925.00) (hereafter the"not to exceed"amount.). 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. B. Contractor is entitled to receive progress payments for its work pursuant to the Agreement as provided below. The City will pay Contractor based on these invoices for acceptable work performed and approved until the "not to exceed" amount is reached. Thereafter, Contractor must complete work based on the Agreement without additional compensation unless there is a change to the scope of work. C. Any estimate of the hours necessary to perform the work is not binding on the City. Contractor remains responsible if the estimate proves to be incorrect. Exceeding the number of estimated hours of work does not impose any liability on the City for additional payment. D. Payment will be made upon receipt of billings based on the work completed. Contractor will submit billings to City periodically, but not more frequently than monthly. Payment by the City releases the City from any further obligation for payment to Contractor for service or services performed or expenses incurred as of the date of the statement of services. Payment will be made only for work actually completed as of the date of invoice. Payment will not be considered acceptance or approval of any work or waiver of any defects therein. E. Contractor must furnish certified cost records for all billings to substantiate all charges. Contractor's accounts are subject to audit by the City. Contractor will submit billings in a form satisfactory to the City. At a minimum, each billing will identify the task order under which such work is performed, work completed during the billing period, percentage of work completed to date, and percentage of budget used to date for each task. Billings must also include Contractor's employer identification number or social security number, as the City deems applicable. F. General Terms: 1) Contractor must make payments promptly, as due, to all persons supplying labor or materials for the performance of the work provided for in this Agreement. 2) Contractor may not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished. 3) Contractor will pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. 4) Contractor will pay all contributions or amounts due the Industrial Accident Fund from the contractor or any subcontractor. 5) If Contractor fails, neglects, or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such claim becomes due, City's Finance Director may pay such claim and charge the amount of the payment against funds due or to become due the Contractor. The payment of the claim in this manner does not relieve Contractor or their surety from obligation with respect to any unpaid claims. 6) Contractor will promptly,as due,make payment to any person,co-partnership,association,or corporation,furnishing medical,surgical,and hospital care or other needed care and attention, incident to sickness or injury, to the employees of Contractor, of all sums that Contractor agrees to pay for the services and all moneys and sums that Contractor collected or deducted from the wages of employees pursuant to any law, contract, or agreement for the purpose of providing or paying for services. 7) Contractor and its employees,if any,are not active members of the Oregon Public Employees Retirement System and are not employed for a total of 600 hours or more in the calendar year by any public employer participating in the Retirement System. 8) Contractor must obtain, prior to the execution of any performance under this Agreement, a City of Tigard Business License. The Tigard Business License is based on a calendar year with a December 31st expiration date. New businesses operating in Tigard after June 30th of the current year will pay a pro-rated fee though the end of the calendar year. 9) The City certifies that sufficient funds are available and authorized for this Agreement during the current fiscal year. Funding during future fiscal years is subject to budget approval by Tigard's City Council. 4. Ownership of Plans and Documents: Records A. The field notes, design notes, and original drawings of the construction plans, as instruments of service, are the property of Contractor;however, the City may request, at no additional cost, one set of previously approved reproducible drawings, as well as storage device such as thumb drive or SD card in "DWG" or "DXF" format, of the original drawings of the work. The City has unlimited authority to use the materials received from Contractor in any way the City deems necessary. Any reuse of such instruments of service outside the scope of work for which they were developed, or any alteration of them whatsoever,without Contractor's review and approval will be at the City's risk. B. The City may make copies, for the use of and without cost to Contractor, of all of its maps, records, laboratory tests, or other data pertinent to the work to be performed by the Contractor pursuant to this Agreement, and also make available any other maps, records, or other materials available to the City from any other public agency or body. C. The Contractor will furnish to the City,copies of all maps,records,field notes,and soil tests which were developed in the course of work for the City and for which compensation has been received by Contractor at no additional expense to the City, except as provided elsewhere in this Agreement. 5. Assignment/Delegation Neither party may assign, sublet or transfer any interest in or duty under this Agreement without the written consent of the other and no assignment has any force or effect unless and until the other party has consented. If City agrees to assignment of tasks to a subcontract, Contractor is fully responsible for the acts or omissions of any subcontractors and of all persons employed by them. Neither the approval by City of any subcontractor nor anything contained herein creates any contractual relation between the subcontractor and City. The provisions of this Agreement are binding upon and will inure to the benefit of the parties to the Agreement and their respective successors and assigns. 6. Status of Contractor as Independent Contractor Contractor certifies that: A. Contractor acknowledges that for all purposes related to this Agreement, Contractor is an independent contractor as defined by ORS 670.600 and not an employee of City. Contractor is not entitled to benefits of any kind to which an employee of City is entitled and is solely responsible for all payments and taxes required by law. Furthermore,in the event that Contractor is found by a court of law or any administrative agency to be an employee of City for any purpose, City is entitled to offset compensation due, or to demand repayment of any amounts paid to Contractor under the terms of this Agreement, to the full extent of any benefits or other remuneration Contractor receives (from City or third party) as a result of said finding and to the full extent of any payments that City is required to make (to Contractor or to a third party) as a result of said finding. B. Contractor is not an officer,employee,or agent of the City as those terms are used in ORS 30.265. 7. Conflict of Interest The undersigned Contractor hereby represents that no employee of the City, or any partnership or corporation in which a City employee has an interest, has or will receive any remuneration of any description from Contractor,either directly or indirectly,in connection with the letting or performance of this Agreement, except as specifically declared in writing. If this payment is to be charged against Federal funds,Contractor certifies that he/she is not currently employed by the Federal Government and the amount charged does not exceed his or her normal charge for the type of service provided. 8. Indemnification A. City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Agreement. Contractor represents that all of its work will be performed in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state, and local laws, it being understood that acceptance of a Contractor's work by City will not operate as a waiver or release. Acceptance of documents by City does not relieve Contractor of any responsibility for design deficiencies, errors or omissions. B. Claims for other than Professional Liability. Contractor agrees to indemnify, defend, save, and hold harmless the City of Tigard, its officers, employees, agents, and representatives from all claims, suits, or actions and all expenses incidental to the investigation and defense thereof, of whatsoever nature, including intentional acts resulting from or arising out of the activities of Contractor or its subcontractors, sub-consultants, agents or employees in performance of this contract at both trial and appeal level, whether or not a trial or appeal ever takes place including any hearing before federal or state administrative agencies. If any aspect of this indemnity is found to be illegal or invalid for any reason whatsoever, such illegality or invalidity does not affect the validity of the remainder of this indemnification. C. Claims for Professional Liability. Contractor agrees to indemnify,defend,save,and hold harmless the City of Tigard, its officers, employees, agents, and representatives from all claims, suits, or actions and all expenses incidental to the investigation and defense thereof, 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 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. 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 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: CITY OF TIGARD MURRAYSMITH go Attn: Shasta Billings-Beck Attn: Lael Alderman Address: 13125 SW Hall Blvd Address: 888 SW 5`'Ave Ste 1170 Tigard, OR 97223 Portland OR 97204 Phone: (503) 718-2698 Phone: (503) 225-9010 Email: shastab&dgard-or.gov Email: lael.alderman&murraysmith.us 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: 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. 19. Hours of Labor, Pay quity 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 will guarantee work for a period of one year after the date of final acceptance of the work by the owner. Contractor warrants that all practices and procedures,workmanship and materials are the best available unless otherwise specified in the profession. 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. IN WITNESS WHEREOF, City and Contractor have caused this Agreement to be executed by their duly authorized officials. Awarded by Tigard's Local Contract Review Board via emergency declaration dated March 17, 2020. CITY OF TIGARD MURRAYSMITH Signature: Signature: CV\- 1" Name: Name: Brian Ginter, PE Title: Title: Vice President Date: Date: March 30, 2020 EXHIBIT A SCOPE OF SERVICES Project Background The City of Tigard (City) uses its aquifer storage and recovery (ASR)wells as an integral part of its water supply and distribution system, supplementing drinking water supply during the peak summer demand season with water injected during the low winter demand season. The City's ASR wells also serve as a back- up water source when supply from the City's primary source is reduced. The City has already developed two ASR wells (ASR 1 and ASR 2), and third ASR well (ASR 3) was drilled and tested in 2007. ASR 1 has been production since 2001, and ASR 2 has been in production since 2006. Screens and casing were installed in ASR 3;however, the well has not yet been fully developed. Project Purpose As the City continues to grow and water demands continue to increase, there are now plans to develop ASR 3. At the same time, the City plans to address ongoing operational issues that both ASR 1 and ASR 2 have historically experienced during use.With this project, the City also intends to complete site improvements at Reservoir No. 4 for regulated connection between its 550G and 410 service levels. Project Assumptions The Consultant will prepare preliminary and final designs,as well as provide permitting services and engineering services during project bidding, construction, and start-up, for four (4) project elements: improvements to the existing ASR 1 facility,modifications to the existing ASR 2 facility, the new ASR 3 facility,and improvements to and the modifications to the existing Reservoir No. 4 facility.Assumptions regarding the nature of the project elements are provided below and are grouped by facility. General 1. All four project elements will proceed on the same design,permitting, and construction schedule. 2. Each major deliverable for the four project elements —from the Preliminary Design Report, through interim design submittals, to bid documents and final record drawings —will be provided as a single, unitary document encompassing all four project elements rather than as separate submittals for each project element. 3. Where applicable and noted within the Project Assumptions and Scope of Services, the Consultant Will incorporate work previously completed for the ASK 3, ASK 2 and Reservoir No. 4 Preliminary Engineering Report(Preliminary Engineering Report) (MSA, October 2014) into this project. Existing ASR 1 Facility Improvements It is understood the existing ASR 1 facility is exhibiting signs of air entrainment in the finished water following well recovery activities. Entrained air in the recovered water accumulates and has been responsible for air locking the downstream adjacent Pump Station No. 1. Investigations at ASR 1 as part of the Phase 1, Well Rehabilitation Plan, will focus on the likely causes and potential remedies for reducing or eliminating air entrainment within the recovered water. Existing ASR 2 Facility Improvements ASR 2 facility improvements consist of upgrades and modifications to the well pump setting to mitigate for potential well interference between ASR 2 and ASR 3. Improvements will also address known operational issues with the existing pump motor's variable frequency drive (VFD). The project will include the following: Pump Setting Modifications In 2009, GSI recommended that the City consider lowering the setting of the ASR 2 pump by approximately 25 feet in order to mitigate for anticipated well interference and drawdown associated with combined pumping of ASR 2 and ASR 3.An update of this interference analysis and a review of desired pumping capacities will be completed to determine the full extent of expected interference and recommended new pump setting. Pump setting modifications will require additional pump discharge column, pump line shaft modifications, and modifications to the downhole control valve control system. Pump and Motor Capacity 1. Based on the extent of additional drawdown anticipated within the aquifer at the desired pumping rates with the addition of ASR 3, the existing ASR 2 well pump, motor, and VFD may lack adequate capacity to meet the new pumping conditions. a. Well pump:At a minimum,additional pump stages may need to be added to the existing pump to accommodate the additional pumping head. b. Motor:Motor capacity may also be a limitation and may require replacement of the existing motor. c. VFD replacement: The existing VFD model is now obsolete and the equipment is at the end of its usable life; therefore, a new VFD is required. SC 4DA Integration 1. The Consultant team will provide the required SCADA interconnect data for the new VFD and other equipment. 2. The required system programming to support operation and control of the VFD with the City's SCADA system will be provided by the City's system integrator,Portland Engineering, Inc., as part of the project's construction. Electrical Modifications 1. It is understood a high priority improvement at the ASR 2 facility is replacement of the existing VFD, which has experienced several issues and become increasingly difficult to maintain. 2. If motor size requirements increase as a result of drawdown interference from the proposed operations at the new ASR 3 installation, then the new VFD will be designed to coordinate VFD capacity with the pump and motor capacity. 3. If increased motor capacity is needed,then upstream electrical systems,including the electrical service and standby generator capacity,will be analyzed and improvements identified. Structural Modifications 1. If the existing concrete masonry unit (CMU) well building requires modifications to interior partition walls to accommodate the electrical or mechanical modifications necessary to replace the existing VFD, the Consultant will include design of the required modifications in the scope of Phase 2 work. For project budgeting purposes, it is assumed modifications to the interior partition walls will be required.A structural seismic evaluation of the existing ASR 2 well house or an ASR 2 well house with reconfigured interior walls is not included in this scope of work 2. It should be assumed that any structural modifications will be accommodated within the existing building footprint. 3. Well access hatch modifications: The Consultant will review modern roof well access hatch designs and determine what modifications can be made to the existing roof well access hatch, if any, to make it safer and easier to utilize. Development of ASR 3 Facility The ASR 3 development portion of this project consists of the installation of a pump, as well as construction of a new well house structure to house the ASR 3 well,pump and motor, mechanical piping and valves for directing water injected and withdrawn from the well, disinfection equipment, and electrical and control equipment. Well House Structure 1. The architectural style and building configuration of the new well house structure will be determined during the preliminary design phase, with input from City staff. For project budgeting purposes,it is assumed the new well house will be a new concrete masonry unit (CMU) building with a simple rectangular configuration, wood truss roofing system and slab on-grade floor system with thickened edges or spread footing. The team further assumes that the structure will be relatively lightly loaded, with no significant below ground structures or retaining walls, and that site grading will be limited to cuts and fills of less than 2 ft. 2. Structural design criteria were developed for the well house structure as part of the 2014 Preliminary Engineering Report. With the update of relevant building codes and structural design requirements, reevaluation of prior work is required. 3. Site-specific geotechnical information previously gathered and evaluated for the Preliminary Engineering Report will be updated to confirm the assumption that the site is suitable for a typical spread footing or thickened edge slab floor system. No additional geotechnical site investigations are required. 4. The building and its associated perimeter landscaping shall be designed to enhance the park and reflect the surrounding neighborhood character. 5. The facility will include appropriate building systems including lighting, heating and ventilation, fire and life safety, and a separate interior room for disinfection equipment. 6. The on-site disinfection system will be designed to disinfect with free available chlorine (FAC). Pumping System 1. The project will include furnishing and installing the well and injection pumps. 2. The well pump will be a line shaft vertical turbine type pump. 3. Mechanical piping and valving,including injection piping, as well as isolation and control valves, will be installed. 4. Well house piping will be connected to the existing distribution system. Electrical Power System and Instrumentation and Control System 1. Power supply to the new well house will be from the existing primary voltage electrical system located along SW Bull Mountain Road. Coordination with PGE (utility provider) will be necessary and any work required by PGE will be incorporated into the bid documents. 2. A pad-mounted transformer will be installed on the site to provide 480-volt, 3-phase service to the structure. 3. A motor control center and associated electrical work will be installed inside the structure. 4. Designs to include an onsite emergency backup power generator and automatic transfer switch with capacity to provide for a fully functional and operational ASR 3 facility. 5. Instrumentation and control systems will be installed and incorporated into the City's existing telemetry system. 6. Electrical design will provide power system designs and telemetry system interconnect drawings for all new equipment. The existing power, control,and telemetry systems at the Price Reservoir will be incorporated into the new electrical supervisory controls and data acquisition (SCADA) facilities. Site Improvements 1. Site improvements will be provided including architectural and landscape site treatment as determined above,recognizing that the site is currently developed as a neighborhood park. 2. Other site improvements will include extending the access road to SW Bull Mountain Road (if possible) and incorporating a small parking area/hammerhead for vehicle turnaround and parking of City vehicles when staff are working at the ASR 3 facility. a. Access from SW Bull Mountain Road must be confirmed during the design process. If allowed, the preferred temporary construction and permanent site access will be provided from SW Bull Mountain Road,across the existing sidewalk,with the sidewalk being restored in conjunction with a new driveway paved from the existing gate to SW Bull Mountain Road. Existing Reservoir No. 4 Improvements Improvements at the City's Reservoir No. 4 site include the design and construction of a new regulated connection between the 550G service level and the 410-foot service level. Based on the findings for Reservoir No. 41 the Preliminary Engineering Report,many elements of the existing reservoir are known to be deficient under current code requirements. The project will include the following: Regulated SSOG to 4 10 Service Level Connection As recommended in the City's 2010 Water System Master Plan, a new connection between the City's 550G and 410 service levels will be designed and constructed.The new connection will facilitate increased turnover of Reservoir No. 16 serving the 550G service level and will improve turnover in Reservoir No. 4 serving the 410-foot service level. It is anticipated that this connection will directly feed the inlet of Reservoir No. 4, allowing the City to utilize the additional reservoir volume above the 410-foot hydraulic grade of the service level. 1. The connection will be regulated through either a new pressure reducing valve (PRV) or the existing altitude valve,with rehabilitation and modification of the altitude valve as necessary to accommodate the anticipated flows and supply pressure. 2. The Consultant shall also investigate if generation of hydroelectric power is feasible/possible via this connection. 3. Field instruments will be installed for relaying flow rates and the status of the regulating valve to the SCADA system. 4. The existing valve vault will be modified or replaced to improve access. 5. A new, short section of waterline will be extended from the existing waterline in SW 122nd Avenue to the Reservoir No. 4 property,near the existing valve vault. This work will require an excavation of about 15 ft below the existing ground surface near the vault for pipe connections and that the existing manhole access into the vault will be removed and a larger entry will be constructed. This work will require a significant amount of existing backfill to be removed and the composition of that backfill is unknown. Geotechnical investigations, findings, and recommendations developed with the Preliminary Engineering Report will be used to assess the composition of the backfill. SCADA Integration 1. It is assumed SCADA remote terminal unit (RTU) replacement will be required following completion of the regulated service level connection. 2. The Consultant will provide the required SCADA interconnect data for the site improvements. 3. The City's system integrator,PEI,will provide the required system programming to support operation and control of the PRV from the City's SCADA system as part of the project's construction contract. Reservoir Improvements 1. Recommended seismic improvements for the reservoir structure were documented in the 2014 Preliminary Engineering Report. It is understood this project will not address the previously recommended seismic improvements at Reservoir No.4,nor will this project include updating to prior reporting. 2. Project specifications will be provided for the following reservoir improvements: • Repair of joint sealant • Vent screen replacement SCOPE OF SERVICES Contractor will be responsible for performing the following services: Phase 1: Design and Plan Development The work plan and detailed scope of work for the four (4) tasks of Phase 1 of the project are presented as follows. Task 1A. Project Management Contractor will work closely with the City's project manager to ensure effective communication throughout the project. Lines of communication and the best means of communication (i.e., in-person, phone, e-mail, etc.)will be established at the project kick-off meeting as an informal project communication plan.The project schedule will be established regularly updated with input from the City.Various alternatives to accomplish the meeting of key milestones will be assessed and reviewed with the City early in Phase 1. Subtask 1A.>—Project Management.• Work activities under this subtask include the following: • Administer the contract and prepare for, coordinate, and conduct periodic check-in phone/email meetings with the City during alternatives evaluation • Management of subconsultants • Maintain control over the project budget and report monthly to the City on project progress • At project initiation, an initial critical path method (CPM) project schedule will be developed to monitor engineering disciplines, key deliverables, and overall progress of the project. The project schedule will be a comprehensive plan with an appropriate level of detail and will establish the sequence of tasks and activities necessary to complete the project. Float shall be used to monitor the critical path, key deliverables for design, and preliminary construction phase start and end dates. Subtask 1A.1 Assumptions 1. Duration: Phase 1 is assumed to be 4 months (February 2020 - May 2020); therefore, it is assumed that there will be up to 4 progress payments/status reports. 2. Approximately 30 minutes per week is allotted for general communications with the City Project Manager for periodic check-in phone meetings and/or emails. 3. The project schedule will be developed using Microsoft Project scheduling software. Subtask 1A.1 Deliverables 1. Monthly invoicing with status report covering: • Work on the project performed during the previous month • Meetings attended • Problems encountered and actions taken for their resolution • Potential impacts to submittal dates,budget shortfalls, or optional services • Budget analysis • Issues requiring project team action 2. Initial project schedule and monthly updates Subtask 1A.2—Key Design Review Meetings Contractor will conduct three (3) meetings with the City at key milestones: 1. Project Phase 1 Kick-off with site visits 2. Review of the findings regarding the well rehabilitation 3. Review of the Well Rehabilitation Plans for ASRs 1, 2, and 3, along with the preliminary design for modifications to ASR 2,ASR 3, and Reservoir No. 4 Subtask 1A.2 Assumptions 1. Consultant to coordinate Project Kick-off Meeting to introduce the project team members, identify contacts and roles, and refine project definition. 2. Key project meetings are assumed to be in person and two hours in duration. Contractor's staff members to attend design review meetings include Project Manager and Design Lead. Subtask 1A.2 Deliverables 1. Meeting agendas and meeting minutes Task 1B. Well Rehabilitation Plan Under this task, the Consultant will prepare a Well Rehabilitation Plan with key recommendations and strategies to address the following known issues at the City's ASR facilities: • Air entrainment issue in ASR 1 • Restoration of specific capacity in ASR 2 • Rehabilitation of ASR 3 Our team will develop conceptual design level construction cost estimates for work recommended at each ASR facility. Key recommendations and strategies will be summarized in a technical memorandum. Task IB.Assumptions: 1. The finalized Well Rehabilitation Plan technical memorandum (TM) will be completed following discussions with the City to review comments on the draft Well Rehabilitation Plan TM. 2. Conceptual construction cost estimates will be based on conceptual level design elements and be considered Class 4 estimates as defined by the Association for the Advancement of Cost Engineering (AACE)with an expected accuracy range of+30%to-20%.A contingency of 25 percent of the overall estimated construction cost will be provided to allow for flexibility in addressing any possible unforeseen conditions that may arise during construction. Task 1B. Deliverables.- 1. Draft and finalized Well Rehabilitation Plan TM Task 1C. Preliminary Design Under this task,we will prepare a Preliminary Design Report(PDR)which addresses items under the following subtasks. Subtask 1 C.1 —ASK 1: Consultant will provide key recommendations and strategies to make equipment and operation improvements necessary to maintain the existing ASR 1 facility in a fully operational condition, including specifying new equipment when necessary. This will include resolving the following issues: • Air entrainment identified during recovery activities. Subtask 1 C.2—ASK 2. Provide key recommendations and strategies to make equipment and operational improvements necessary to maintain the existing ASR 2 facility in a fully operational condition,including specifying new equipment when necessary. This work includes resolving the following issues: • Elevated incoming voltage; • Variable frequency drive (VFD) that is at the end of its life and in need of replacement; • Structural improvements to address relocation of interior partition walls and options for the replacement of the existing roof pump access hatch; • Anticipated hydraulic interference between ASR 2 and ASR 3; and • If the ASR 2 disinfection system should be modified to allow for chlorine dosing on injection. Task I C.2 Assumptions: 1. See Project Assumptions, Existing ASR 2 Facility Improvements. Task I C.2 Deliverables.- 1. eliverables:1. Draft and finalized section within the PDR detailing proposed improvements to the existing ASR 2 facility Subtask 1C.3—ASR A Provide key recommendations and strategies to design and construct a fully operational ASR 3 facility to integrate seamlessly into the City's existing water system. The preliminary design will include the following: • Recommendations and strategies for architectural and landscaping treatments that will integrate the facility with the surrounding residential and public structures and the theme of Elizabeth Price Park; • Discussion, analysis, and recommendations for disinfection at the ASR 3 facility; • Preliminary electrical design will determine whether backup power is required and feasible at the ASR 3 site and where a backup generator may be located;and • Review of security features for the ASR 3 facility given the facility's location in a public park and the City's expressed desire for architectural treatments that aesthetically integrate the facility with the park. Task IC.3 Assumptions: 1. See Project Assumptions,Development of ASR 3 Facility. Task 1C.3 Deliverables.- 1. Draft and finalized section within the PDR detailing proposed improvements to develop the new ASR 3 facility 2. Draft and finalized ASR 3 site-specific geotechnical reporting authored by the team's Geotechnical Engineer of Record 3. Draft and finalized ASR 3 architectural design preliminary design report, including conceptual renderings of the building elevations,authored by the team's Architect Subtask 1C.4—Reservoir No. 4. Work under this subtask includes the hydraulic improvements associated with a new regulated 550G to 410 service level connection and associated subsurface utility vault. Task I C.4 Assumptions: 1. See Project Assumptions, Existing Reservoir No. 4 Improvements. Task 1C.4 Deliverables.- 1. Draft and finalized section within the PDR detailing proposed hydraulic and site improvements to the existing Reservoir No. 4 Sub task 1C.5—Hydrogeologic Investigations: Relevant aspects of the analysis, recommendations, and findings for ASR 1, ASR 2 and ASR 3 will be developed and reviewed in coordination with a hydrogeologist during preparation of the preliminary design. Task 1 C.5 Assumptions: 1. None Task 1 C.5 Deliverables: 1. Updates to 2014 hydrogeological findings and recommendations TM Sub task 1C.6— Topographic Survey. Surveying for both the ASR 3 site and the Reservoir No. 4 site will be conducted during the Preliminary Design task. Task 1C.6Assumptions. 1. Topographic survey of the Reservoir No. 4 and ASR 3 sites has been completed as part of the Preliminary Engineering Report.No additional topographic survey is required to complete the project. Task IC.6 Deliverables.- 4. Additional topographic survey, as requested. Sub task 1C.7—Preliminary Design Report.• Consultant will prepare a Preliminary Design Report representing findings and recommendations for all work elements detailed in Task 1C. Work under this subtask includes preparing a Preliminary Design Report that describes and illustrates key design criteria, schematic level designs and general facility configurations to the 30 percent completion level.An updated project schedule reflecting the selected project definition and overall project phasing requirements will be developed and included in the Preliminary Design Report. Task I C.7 Assumptions: 1. Any other recommendations or strategies not previously discussed that the Consultant determines would be beneficial to the City in operations of this system will be provided in the Preliminary Design Report. Task I C.7 Deliverables.- 2. eliverables:2. Draft and finalized Preliminary Design Report,with the following appendices: a. Architectural preliminary design report for the proposed ASR 3 facility b. Geotechnical reporting • Updated ASR 3 TM • Previous Reservoir No. 4 reporting c. Electrical design criteria TM d. Updates to 2014 hydrogeological findings and recommendations TM 3. Preliminary project plans,including: a. ASR 1 (i) Building Interior Mechanical Floor Plan (if needed) b. ASR 2 (i) Building Interior, Structural Modifications (if needed) (ii) Building Interior Mechanical Floor Plan c. ASR 3 (i) Site Plan (ii) Building Interior Mechanical Floor Plan (iii) Existing Site Piping (iv) Process &Instrumentation Diagram d. Reservoir No. 4 (i) Proposed Site Piping Improvements with Existing Vault&Proposed Vault Plan and Sections 4. A list of anticipated technical specifications 5. Project schedule Task 1D. Cost Estimates Under this task, cost estimates will be developed with the Preliminary Design Report documenting the engineer's estimate of probable construction cost for each of the project elements. Task 1D.Assumptions.- 1. ssumptions.1. Preliminary design level construction cost estimates will be based on preliminary design elements and be considered Class 4 estimates as defined by the AACE with an expected accuracy range of+30% to -20%. A contingency of 25 percent of the overall estimated construction cost will be provided to allow for flexibility in addressing any possible unforeseen conditions that may arise during construction. Task ID. Deliverables: 1. Preliminary construction cost estimate for each of the four (4) project elements PHASE 2:ASR WELL REFURBISHMENT The detailed scope of work for the refurbishment of ASR wells 2 and 3 is presented as follows. Task ZA. Project Management Consultant and the City's project manager will review the informal communication plan developed in Phase 1 and determine if any modifications to the previously determined best means of communication (i.e., in- person, phone, e-mail, etc.) are needed. The project schedule will be regularly updated with input from the City. Various alternatives to accomplish the meeting of key milestones will be assessed and reviewed with the City early in Phase 2. Subtask 2A.1—Project Management Work activities under this task include the following: • Administer the contract and prepare for, coordinate, and conduct periodic check-in phone/email meetings with the City during well rehabilitation activities • Manage subconsultants • Maintain control over the project schedule and budget and report monthly to the City on project progress Subtask 2A.1 Assumptions 1. Duration: Phase 2 is assumed to be 12 months Qune 2020 - May 2021); therefore, it is assumed that there will be up to 12 progress payments/status reports. 2. Approximately 30 minutes per week is allotted for general communications with the City Project Manager for periodic check-in phone meetings and/or emails. Subtask 2A.1 Deliverables 1. Monthly invoicing with status report covering: • Work on the project performed during the previous month • Meetings attended • Problems encountered and actions taken for their resolution • Potential impacts to submittal dates,budget shortfalls, or optional services • Budget analysis • Issues requiring project team action 2. Monthly schedule updates Subtask 2A.2—Key Project Meetings Consultant will conduct three (3) meetings with the City at key milestones: 1. Phase 2 Kick-off 2. Review of the refurbishment work to be completed on ASR wells 2 and 3 3. Review of construction administration/site observations following construction completion Subtask 2A.2 Assumptions 1. Key project meetings are assumed to be in person and two hours in duration. Contractor's staff members to attend design review meetings include Project Manager and Design Lead. Task 2A.2 Deliverables 1. Meeting agendas and meeting minutes Task 2B. Bid Package and Cost Estimates for Well Refurbishment The Consultant will prepare contract documents and technical specifications for the rehabilitation of the City's existing ASR 2 and 3 wells. Design submittals will be provided for City review and comment at the draft level prior to developing final, stamped specifications that will comprise the bid documents. Construction cost estimates will be provided for City review and comment at the draft level prior to developing final contract documents.The full specification of ASR 2 and ASR 3 rehabilitation has been divided into the following subtasks: Subtask2B.1—ASR 2 Advance and finalize well refurbishment concepts reviewed and approved by the City with the submittal of the Well Rehabilitation Plan.Anticipated facility elements include the following: 1. Rehabilitation of ASR 2 well a. Specifying the physical and chemical cleaning of the existing well casing. Work includes removal of the existing pump. 2. Pump setting modifications a. Additional pump discharge column, pump line shaft modifications, and modifications to the downhole control valve control system prior to setting the modified pump Subtask2B.2—ASR 3 Advance and finalize well refurbishment concepts reviewed and approved by the City with the submittal of the Well Rehabilitation Plan.Anticipated facility elements include the following: 1. Rehabilitation of ASR 3 well a. Specifying the physical and chemical cleaning of the existing well casing. Task 2B.Assumptions 1. Front-end contract documents to be developed based on the City's bidding requirements and standard contract format or Engineers Joint Construction Documents Committee (EJCDC) -based Contractor's standard format, as directed by the City. 2. Technical specifications to be prepared for project specific conditions, using Construction Specifications Institute (CSI) 48-division specification format. A single set of technical specifications will be developed for the rehabilitation of both ASR 2 and ASR 3. 3. Final design schedule incorporates up to two (2) weeks of City time for review and comments following each design submittal milestone. 4. The City will organize and pay for the printing of the final contract documents and specifications. 5. No new original drawings are required as part of Phase 2 contract documents.ASR 2 and ASR 3 well as-builts will be provided as appendices to the contract documents. 6. Construction cost estimates will be prepared to the level of detail appropriate for the design stage and in conformance with the principles of the AACE. Task 2B. Deliverables 1. Construction cost estimates: a. Draft construction cost estimate for each of the project elements emailed in PDF format b. Final construction cost estimate for each of the project elements emailed in PDF format 2. Technical Specifications: a. For draft design submittal: i. Three (3) bound hardcopy sets ii. Electronic: In PDF and Microsoft Work formats via Contractor's SharePoint site b. Final: i. Complete, ready-to-print PDFs of the 8-1/2-inch by 11-inch contract documents and specifications for printing by the City's designated printing company Task 2C. Engineering Services during Bidding, Construction, and Start-Up Engineering and hydrogeological services to be provided for the rehabilitation of ASR wells 2 and 3. Subtask 2C.1 —Bid Support Services Work under this task includes providing technical assistance as needed to respond to questions and inquiries from prospective contractors and interested parties during the bidding process. Assistance will be provided to City staff throughout the bidding process and in the evaluation of bid proposals. Work activities under this task include the following: • Prepare bid documents and assist the City in providing reproduction of these documents and assist in distribution as needed. • Respond to contractor questions and clarifications during the bidding period. • Prepare addenda that may be necessary as a result of responses to questions and clarifications during the bid period. • Prepare conformed contractor documents that incorporate all addenda into a set of contract documents. Subtask 2C.1 Assumptions 1. The City will reproduce and distribute bid documents. 2. The City will maintain the project's planholders' list. 3. Up to one (1) addenda may be issued during the project bidding process. 4. The City will organize and pay for the printing of the conformed contractor documents. 5. The Consultant will provide the conformed contractor documents for scanning to a printing company designated by the City. 6. The printing company shall scan the plans and make full-size prints as required by the City. Task 2C.> Deliverables 1. Technical Specifications: Complete, ready-to-print PDFs of the 8-1/2-inch by 11-inch contract documents and specifications for printing by the City's designated printing company. Subtask 2C.2—Basic Construction Phase Services: Basic construction phase services for Phase 2 of the project include the work activities detailed below. For budgeting purposes,the fee estimates for the activities in this subtask are provided with a breakdown in work for ASR 2 and ASR 3. Subtask 2C.2.1-Submittal Review 1. Receive and review shop drawings and other technical submittals such as equipment, materials of construction, performance data and certifications, laboratory test results, and technical manuals submitted by the contractor which are required by the contract documents. 2. Consider and evaluate any alternatives or substitutions proposed by the contractor. 3. Receive and review other submittals of the contractor including construction schedules, shop drawing/submittal schedules, lump sum price breakdowns, and other submittals required by the contract documents. 4. Maintain a submittal log and file. Subtask 2C.2.1 Assumptions 1. For budgeting purposes, it is assumed the contractor will provide up to a total of 10 individual submittals/shop drawings for review,requiring an average of 2 -4 hours for review time. It is further assumed approximately half of the original submittals will require a re-submittal and an additional 1 to 2 hours of review time. 2. Submittals will be applicable for work activities at both ASR 2 and ASR 3. 3. Submittal review will be completed within 5 to 7 business days of receipt. Task 2C.2.1 Deliverables 1. Electronic submittal reviews in PDF with review flysheet and comments 2. Submittal log and file. 3. Complete electronic submittal files to the City upon completion of the project,as requested. Subtask 2C.2.2-RFIs 1. Provide clarification of the contract documents to the contractor based upon the contractor's written requests for information (RFI),verbal requests or as the need otherwise arises. 2. Prepare written responses and drawings or sketches as necessary to the contractor to clarify the contract documents. Subtask 2C.2.2 Assumptions 1. Up to 6 RFIs total will be reviewed and responded to,with each RFI requiring up to 2 hours. 2. Responses to RFI will be completed within 2-3 calendar days of receipt;however, more time may be necessary depending on the complexity of the required clarification. Task 2C.2.2 Deliverables 1. Written responses and drawings or sketches, as necessary, to the contractor to clarify the contract documents Sub task 2C.2.3- Onsite Construction Observations 1. Perform onsite construction observation services. a. The onsite representative to be assigned by the Consultant shall be approved by the City prior to the beginning of construction. b. The onsite representative will notify the City when arriving at and leaving the project site,prepare written reports on the construction activities at the site, maintain a diary of his/her activities, decisions, discussions with the contractor and other observations, conduct the periodic on-site meetings with the contractor,document the preconstruction conditions and construction work by photographs and/or video tapes, coordinate the delivery of any materials or equipment to be delivered to the City,witness any factory or off-site testing as may be necessary. c. Contractor will coordinate onsite representation field activities weekly with City staff to apprise the City of current and upcoming activities and work schedules. 2. Contractor's project manager will conduct periodic site visits when significant construction is occurring, or as important issues may need to be addressed. a. The purpose of these visits will be to answer questions regarding the contract documents, assist with resolving project difficulties, review the progress of the work and review the construction work to confirm that it is proceeding in accordance with the requirements of the contract documents. Subtask 2C.2.3 Assumptions 1. For budgeting purposes, it is assumed active project construction will take approximately seven (7) months (30 weeks) to complete, and the Consultant's onsite construction observations will be provided for with one (1) visit per week,with 6 hours scheduled for each visit with subsequent field observation reporting,resulting in approximately 180 hours of field observation time shared between the Engineering Designer II staff.Time is also provided for one (1) Senior Engineer site visit and one (1) Design Engineer Lead visit per month. Additionally, for budgeting purposes, drive time from Contractor's Portland office to the project site and the associated mileage (approximately 30 miles, roundtrip) is included. 2. ASR 2 rehabilitation activities are assumed to take 4 months (18 weeks) to complete. ASR 3 rehabilitation activities are assumed to take 3 months (12 weeks) to complete. 3. Onsite observation will be scheduled to coincide with weekly construction meetings detailed in Subtask 2E.2.6 -Attend and Administer Construction Management Meetings. 4. Costs provided for this subtask for the hydrogeologist (GSI) include all equipment and expenses involved in provided onsite construction observation services. Task 2C.2.3 Deliverables 1. Construction observation reports shall be submitted to the City on a weekly basis. Subtask 2C.2.4-Review and Process Change Order Proposals 1. Provide services related to any change orders. These include preparation of change order proposal description and justification documentation, assistance with negotiation of the change with the contractor, making recommendations to the City regarding any change orders, and processing the formal change order documents. Subtask 2C.2.4 Assumptions 1. For budgeting purposes, it is assumed the contractor will request up to 1 change order, with each change order requiring up to 8 hours to review and process. Task 2C.2.4 Deliverables 1. Change order proposal description and justification documentation Subtask 2C.2.5-Monthly Progress Payment Requests 1. Review the contractor's monthly requests for progress payments and recommend the appropriate amount to the City for payment to the contractor. Subtask 2C.2.SAssumptions 1. Progress payment reviews will be completed within 5 calendar days of receipt of the contractor's monthly pay requests. 2. Payment recommendations will be based upon the approved breakdown of the contractor's lump sum contract amount and the percentage complete of unit price items. 3. Construction duration is assumed to 7 months; therefore, 7 monthly progress payment requests will be processed. Task 2C.2.5 Deliverables 1. Recommendation for payment letter with supporting pay application documentation. Subtask 2C.2.6-Attend and Administer Construction Management Meetings 1. Prepare for and conduct periodic meetings on the project site with the contractor, including the project's pre-construction meeting. a. The purpose of these meetings is to identify any potential field problems and other issues regarding the project as well as to review the project progress versus the project schedule,as well as to notify the City of any potential or actual claims or protests of the contractor or other matters of importance. Subtask 2C.2.6Assumptions 1. Development of construction meeting agendas and minutes are budgeted for 1 hour in length per week. For budgeting purposes, time allocation for construction management meetings is included within hours for Subtask 2C.2.3 - Onsite Construction Observations. 2. Meetings will be held weekly when significant construction work is underway and bi-weekly when less active construction is occurring. Task 2C.2.6 Deliverables 1. Meeting agendas and minutes documenting all meeting decisions and impending action items Subtask 2C.2.7-Periodic Communication 1. Provide a reasonable degree of day-to-day and periodic communication and associated coordination with City staff to keep staff appraised of construction progress and of any issues that may impact project cost or schedule. Subtask 2C.2.7Assumptions 1. For budgeting purposes, 1 hour per week are scheduled during active construction. Task 2C.2.7 Deliverables 1. None Subtask 2C.2.8- Testing, Start-up, and Commissioning 1. Provide personnel to accommodate the testing, startup and commissioning of project facilities. 2. Coordinate with the contractor and the City for final testing and start-up of the facilities. 3. With City concurrence,identify substantial completion of the project. Subtask 2C.2.8 Assumptions 1. The City will provide staff and resources as necessary to complete testing,start-up and commissioning activities for the individual facilities. Task 2C.2.8 Deliverables 1. Certificate of substantial completion to the contractor following successful testing, startup and commissioning of project facilities. Subtask2C.2.9-Post-Observation Well Step Testing 1. Coordinate and provide oversight during post-rehabilitation step drawdown testing at the well. Subtask 2C.2.9 Assumptions 1. The Contractor will provide staff and resources as necessary to complete testing at wells. Task 2C.2.9 Deliverables 1. Results from well step testing to be provided in appendix of Technical Memorandum developed in Task 2C.2.13. Subtask2C.2.10-Post-Rehabilitation Bacteriological Sampling 1. Coordinate sampling at the well for post-rehabilitation bacteriological sampling. Subtask 2C.2.10 Assumptions 1. The City and Contractor will provide staff and resources as necessary to complete sampling activities. 2. Budget includes laboratory costs bacteriological sampling and field equipment costs for aquifer testing. Task 2C.2.10 Deliverables 1. None Subtask 2C.2.11-Punch Lists 1. Participate in the development of punch lists to be provided for construction contractor's action or correction prerequisite to phased testing, start-up, commissioning, and construction close-out activities. Subtask 2C.2.11 Assumptions 1. One punch list walk-through will be required for each ASR facility. Each facility walk-through is anticipated to be two (2) hours in duration. Task 2C.2.11 Deliverables 1. Itemized list of items to be included in punch lists Sub task 2C.2.12-Final Walk-Through 1. Prepare for and conduct a final walk-through of the project with representatives of the City and contractor. 2. Prepare a "punch list" of items of work remaining to achieve final completion of the project and to prepare for the City's acceptance of the project. 3. Recommend procedures and timing of acceptance of the project. Advise the City and the contractor of the dates for any warranty periods as established in the contract documents. 4. Recommend final payments to the contractor as appropriate. Subtask 2C.2.12 Assumptions 1. The City will provide staff and resources as necessary to complete testing,start-up and commissioning activities for the individual facilities. Task 2C.2.12 Deliverables 1. Final walk-through punch list 2. Recommendation of final payment to the contractor Subtask 2C.2.13- Technical Memorandum 1. For each well,prepare a memorandum summarizing the rehabilitation of the well, including pre- and post-rehabilitation performance testing and overall results. Task 2C.2.13 Deliverables 1. Final technical memorandum for each well documenting pre-rehabilitation and post-rehabilitation conditions, documentation on the well rehabilitation activities, and equipment submittal materials. PHASE 3:ASR AND RESERVOIR NO.4 IMPROVEMENTS DESIGN AND CONSTRUCTION The detailed scope of work for the seven (7) tasks of this project phase are presented as follows. Task 3A. Project Management Consultant and the City's project manager will review the informal communication plan developed in Phase 1 and determine if any modifications to the previously determined best means of communication (i.e., in- person, phone, e-mail, etc.) are needed. The project schedule will be regularly updated with input from the City. Various alternatives to accomplish the meeting of key milestones will be assessed and reviewed with the City early in Phase 3. Subtask 3A.1—Project Management Work activities under this task include the following: • Administer the contract and prepare for, coordinate, and conduct periodic check-in phone/email meetings with the City during alternatives evaluation • Manage subconsultants • Maintain control over the project schedule and budget and report monthly to the City on project progress Subtask 3A.1 Assumptions 1. Duration: Phase 3 is assumed to be 23 months (June 2020 -April 2022); therefore, it is assumed that there will be up to 23 progress payments/status reports. 2. Approximately 30 minutes per week is allotted for general communications with the City Project Manager for periodic check-in phone meetings and/or emails. Subtask 3A.1 Deliverables 1. Monthly invoicing with status report covering: • Work on the project performed during the previous month • Meetings attended • Problems encountered and actions taken for their resolution • Potential impacts to submittal dates,budget shortfalls, or optional services • Budget analysis • Issues requiring project team action 2. Monthly schedule updates Subtask 3A.2—Key Project Meetings Consultant will conduct five (5) meetings with the City at key milestones: 1. Phase 2 Kick-off 2. Review of the refurbishment work on all ASR wells 3. Review of the full engineering design modifications to ASR 2 and Reservoir No. 4 and development of ASR 3 4. Review of permitting needs 5. Review of construction administration/site observations following construction completion Subtask 3A.2 Assumptions 1. Key project meetings are assumed to be in person and two hours in duration. Contractor's staff members to attend design review meetings include Project Manager and Design Lead. Task 3A.2 Deliverables 1. Meeting agendas and meeting minutes Task 3B. Full Engineering Design ofModifications and ASR 3 Development The Consultant will prepare designs and begin the process of construction permitting by completing the construction permit application forms for the four (4) projects: modifications to the existing ASR 1 facility, modifications to the existing ASR 2 facility, the new ASR 3 facility, and the modifications to the existing Reservoir No. 4 site piping. Design submittals will be provided for City review and comment at 60-percent and 90-percent completion. Prior to preparation of the final bid documents, the Consultant will submit a 100-percent Check Set to the City for final review and comment. Any changes to the 100-percent Check Set will be incorporated into the final, stamped plans and specifications that will comprise the bid documents. The full engineering design of ASR 1,ASR 2, and ASR 3 modifications, as well as site piping modifications at Reservoir No. 4, have been divided into the following subtasks: Subtask 3B.1—Existing ASR 1 Facility Improvements Advance and finalize facility design concepts reviewed and approved by the City with the submittal of the Preliminary Design Report. Anticipated facility elements include the following: 1. Mechanical piping improvements Subtask 3B.2—Existing ASR 2 Facility Improvements Advance and finalize facility design concepts reviewed and approved by the City with the submittal of the Preliminary Design Report. Anticipated facility elements include the following: 1. Replacement of existing pump variable frequency drive 2. Pump station structure a. Modifications to existing interior partition walls b. Improvements to the roof pump access hatch 3. Electrical and telemetry features Subtask 3B.3—Development ofASR 3 Facility Advance and finalize facility design concepts reviewed and approved by the City with the submittal of the Preliminary Design Report. Anticipated facility elements include the following: 1. Well house structure 2. Pumping system 3. Onsite disinfection system 4. Electrical and telemetry features,including backup emergency power generator. 5. Site grading and development 6. Landscaping, site access and site security Subtask 3B.4—Existing Reservoir No. 4 Improvements Advance and finalize facility design concepts reviewed and approved by the City with the submittal of the Preliminary Design Report. Anticipated facility elements include the following: 1. New buried precast concrete vault housing regulated 550G to 410 service level connection with associated site piping improvements 2. Electrical and telemetry features Task 3B.Assumptions 1. Front-end contract documents to be developed based on the City's bidding requirements and standard contract format or Engineers Joint Construction Documents Committee (EJCDC) -based Contractor's standard format. 2. Technical specifications to be prepared for project specific conditions, using Construction Specifications Institute (CSI) 48-division specification format. A single set of technical specifications will be developed for the project. 3. Final design schedule incorporates up to two (2) weeks of City time for review and comments following each design submittal milestone (60, 90 & 100-percent design submittal packages). 4. The City will organize and pay for the printing of the final plans and specifications. 5. The Consultant will provide the stamped, signed, full-size plans for scanning to a printing company designated by the City. 6. The printing company shall scan the plans and make full-size prints as required by the City. Task 3B. Deliverables 1. Drawings: a. For 60, 90 & 100-percent design submittals: i. Three (3) hardcopy sets of 11-inch by 17-inch plans b. Final drawings: i. 22-inch by 34-inch electronically in both PDF and AutoCAD format 2. Technical Specifications: a. For 60, 90 & 100-percent design submittals: i. Three (3) bound hardcopy sets ii. Electronic: In PDF and Microsoft Work formats via Contractor's SharePoint site b. Final: i. Complete, ready-to-print PDFs of the 8-1/2-inch by 11-inch contract documents and specifications for printing by the City's designated printing company Task 3C. Cost Estimates Under this task, cost estimates will be developed with each design submittal, documenting the engineer's estimate of probable construction cost for each of the four (4) project elements. Task 3C.Assumptions 1. Cost estimates will be prepared to the level of detail appropriate for the design stage and in conformance with the principles of the AACE. Task 3C. Deliverables 1. 60% construction cost estimate for each of the project elements emailed in PDF format 2. 90% construction cost estimate for each of the project elements emailed in PDF format 3. Final construction cost estimate for each of the project elements emailed in PDF format Task 3D. Permitting The design team assumes that permitting will be a simplified process allowed under the Development Code for a Minor Modification and that team members will not be engaged in any public involvement during permitting. Work activities under this task include the following: Subtask3D.l—Land Use Entitlements Based on current understanding and prior experience with land use permitting, the Land Use Approval for the new ASR 3 facility will be a simplified process allowed under the Development Code for a Minor Modification.Close coordination between the City and the Consultant team will expedite Land Use Approvals for the facility. Subtask 3D.1.1 - Clean Water Services(CVS), Service Provider Letter(SPL) Prepare and submit a Sensitive Area Pre-Screening Site Assessment form to CWS.Notify the City upon receipt of CWS staff response (SPL) and describe issues,if any. Subtask 3D.1.2 - Washin,yon County, Design Modification To facilitate the potential and desirable ASR 3 site access road from SW Bull Mountain Road, the following activities are proposed to gain acceptance from the County for the Minor Design Modification required: 1. Discussions with Washington County staff regarding the potential for a successful Design Modification for access to SW Bull Mountain Road. 2. If amenable to County staff, prepare a Request for Design Modification to the Washington County Road Design and Construction Standards (for access to SW Bull Mountain Road). 3. Review the property's title report for any deed restrictions precluding access to SW Bull Mountain Road. (Recordation of this type of document was included as a condition of approval from the 2007 City land use decision.) If applicable,work with the City's title company to remove/modify any deed restrictions regarding access limitations. Subtask 3D.1.3 - City of Tigard, Type I Modification Application Work activities under this subtask include the following: 1. Complete the City's Pre-Application Conference Request form, prepare a detailed list of questions, and incorporate the Preliminary Site Plan into a package suitable for submittal to the City of Tigard. 2. Provide a draft copy of the Pre-Application Conference submittal package to the City for review,make requested modifications, and submit to the City of Tigard Community Development Department. 3. Meet with City and applicable agency staff at the pre-application conference. 4. Prepare the Type I Minor Modification Application including the following items: a. Completed City Master Land Use Application Form b. Property ownership documentation (e.g. property deed) c. Written narrative describing the project and addressing relevant approval criteria and development standards d. Preliminary Plans e. CWS SPL from Task 2.D.1.1 f. Design Modification from Task 2.D.1.2 5. Provide a draft copy of the Minor Modification Application submittal package to the City for review and owner signatures, make requested modifications, and submit to the City of Tigard Community Development Department. 6. Coordinate with City Community Planning Division staff for completeness determination and through the City's application review (as necessary). 7. Review the City of Tigard's Notice of Decision with the project team. Task 3D.>Assumptions 1. A pre-application conference is not required for this type of application;however, close coordination between the Consultant and City is often a key factor in expediting land use approvals. 2. City to pay all permitting application fees and other miscellaneous fees associated with establishing pre-application conferences, etc. 3. The City will provide as-built drawings for the existing irrigation system installed at Elizabeth Price Park to assist with the design of extensions to that system to supply the ASR 3 landscaping. Task 3D.> Deliverables 1. CWS Service Provider Letter 2. Submittal of Request for Design Modification to the Washington County Road Design and Construction Standards 3. Submittal of City's Pre-Application Conference Request form and supporting documentation 4. Draft and final Minor Modification Application submittal package Subtask 3D.2—Oregon Health Authority-Drinking Water Program (OHA-DWP) Project approvals are needed from the OHA-DWP for work performed on ASR wells. Task 3D.2 Assumptions 1. The Consultant team will apply for and obtain OHA-DWP approval for this project. 2. The City will pay all fees associated with submittal of the OHA-DWP project approval package. Task 3D.2 Deliverables 1. OHA-DWP project approval package Subtask 3D.3—City of Tigard ASR Limited License Coordination will be required for the City's ASR limited License, administered by the Oregon Water Resources Department. Task 3D.3 Assumptions 1. The City's current ASR Limited License approval includes ASR 3. Task 3D.3 Deliverables 1. Clarifying emails or other documentation as may be required for updating of City's ASR Limited License Task 3E. Engineering Services during Bidding, Construction, and Start-Up Engineering services to be provided for both the ASR wells rehabilitation work as well as for the ASR 3 facility development,ASR 2 improvements, and Reservoir No. 4 improvements. Subtask 3E.1—Bid Support Services Work under this task includes providing technical assistance as needed to respond to questions and inquiries from prospective contractors and interested parties during the bidding process. Assistance will be provided to City staff throughout the bidding process and in the evaluation of bid proposals. Work activities under this task include the following: • Prepare bid documents and assist the City in providing reproduction of these documents and assist in distribution as needed. • Respond to contractor questions and clarifications during the bidding period. • Prepare addenda that may be necessary as a result of responses to questions and clarifications during the bid period. • Prepare conformed contractor documents that incorporate all addenda into a set of contract documents. Subtask 3E.>Assumptions 1. The City will reproduce and distribute bid documents. 2. The City will maintain the project's planholders'list. 3. Up to three (3) addenda may be issued during the project bidding process. 4. The City will organize and pay for the printing of the conformed contractor documents. 5. The Consultant will provide the conformed contractor documents for scanning to a printing company designated by the City. 6. The printing company shall scan the plans and make full-size prints as required by the City. Task 3E.> Deliverables 1. Drawings: Conformed drawings 22-inch by 34-inch electronically in both PDF and AutoCAD format. 2. Technical Specifications: Complete, ready-to-print PDFs of the 8-1/2-inch by 11-inch contract documents and specifications for printing by the City's designated printing company. Subtask 3E.2—Basic Construction Phase Services: Basic construction phase services for the project include the following work activities: Subtask 3E.2.1-Permitting 1. Prepare applications and assist contractor in obtaining required building and other construction permits. Subtask 3E.2.1 Assumptions 1. The City will pay all costs associated with submittal of building permits. 2. Contractor will be responsible for paying all related fees, submitting for and obtaining all necessary trade permits required for fully constructed and functional project improvements. Task 3E.2.1 Deliverables 1. Stamped and sealed structural calculations and drawings for the ASR 3 well house. 2. Stamped and sealed structural calculations and drawings for the ASR 2 well house, as may be required for interior partition wall and roof pump access hatch modifications. 3. Building permit applications completed for ASR 3 development and modifications to ASR 2 well house, as may be required. Subtask 3E.2.2-Submittal Review 1. Receive and review shop drawings and other technical submittals such as equipment, materials of construction, performance data and certifications, laboratory test results, and technical manuals submitted by the contractor which are required by the contract documents. 2. Consider and evaluate any alternatives or substitutions proposed by the contractor. 3. Receive and review other submittals of the contractor including construction schedules, shop drawing/submittal schedules, lump sum price breakdowns, and other submittals required by the contract documents. 4. Maintain a submittal log and file. Subtask 3E.2.2 Assumptions 1. For budgeting purposes,it is assumed the contractor will provide up to 50 individual submittals/shop drawings for review, requiring an average of 2 - 4 hours for review time. It is further assumed approximately half of the original submittals will require a re-submittal and an additional 1 to 2 hours of review time. 2. Submittal review will be completed within 5 to 7 business days of receipt. Task 3E.2.2 Deliverables 1. Electronic submittal reviews in PDF with review flysheet and comments 2. Submittal log and file. 3. Complete electronic submittal files to the City upon completion of the project,as requested. Subtask 3E.2.3-RFIs 1. Provide clarification of the contract documents to the contractor based upon the contractor's written requests for information (RFI),verbal requests or as the need otherwise arises. 2. Prepare written responses and drawings or sketches as necessary to the contractor to clarify the contract documents. Subtask 3E.2.3 Assumptions 1. Up to 25 RFIs will be reviewed and responded to,with each RFI requiring up to 4 hours. 2. Responses to RFI will be completed within 2-3 calendar days of receipt;however, more time may be necessary depending on the complexity of the required clarification. Task 3E.2.3 Deliverables 1. Written responses and drawings or sketches, as necessary, to the contractor to clarify the contract documents Subtask 3E.2.4- Onsite Construction Observations 1. Perform onsite construction observation services. a. The onsite representative to be assigned by the Consultant shall be approved by the City prior to the beginning of construction. b. The onsite representative will notify the City when arriving at and leaving the project site,prepare written reports on the construction activities at the site, maintain a diary of his/her activities, decisions, discussions with the contractor and other observations, conduct the periodic on-site meetings with the contractor,document the preconstruction conditions and construction work by photographs and/or video tapes, coordinate the delivery of any materials or equipment to be delivered to the City,witness any factory or off-site testing as may be necessary. c. Contractor will coordinate onsite representation field activities weekly with City staff to apprise the City of current and upcoming activities and work schedules. 2. Contractor's project manager will conduct periodic site visits when significant construction is occurring, or as important issues may need to be addressed. a. The purpose of these visits will be to answer questions regarding the contract documents, assist with resolving project difficulties, review the progress of the work and review the construction work to confirm that it is proceeding in accordance with the requirements of the contract documents. 3. Coordinate Special Inspections as required by the IBC. a. Contractor will alert the City to the need of upcoming special inspections for various elements of project construction. b. Coordinate and attend on-site inspections as required by local,state and international building and trade codes at key times during construction. c. As a requirement of the current International Building Code (IBC), Owners shall provide independent third-party Special Inspection services for all structural elements of essential facilities. The City should anticipate special inspections requirements for this project to include, but not be limited to, review of subgrade and foundation conditions; concrete materials testing; masonry materials testing;and structural certifications of concrete reinforcement. d. For further clarification, a quality control program will be required of the contractor to provide soils testing for earth compaction, aggregate testing, asphaltic concrete (AC) pavement testing, and other testing procedures as required in the contract documents and in accordance with all construction permits. e. Contractor will coordinate Structural Engineer of Record (EOR) and Geotechnical EOR inspections required by the IBC. Subtask 3E.2.4 Assumptions 1. For budgeting purposes, it is assumed active project construction will take approximately nine (9) months (40 weeks) to complete, and the Consultant's onsite construction observations will be provided for with 2 visits per week, with 6 hours scheduled for each visit with subsequent field observation reporting,resulting in approximately 480 hours of field observation time for Engineering Designer II staff. Additionally, for budgeting purposes, drive time from Contractor's Portland office to the project site and the associated mileage (approximately 30 miles,roundtrip) is included. 2. Onsite observation will be scheduled to coincide with weekly construction meetings detailed in Subtask 2E.2.7 -Attend and Administer Construction Management Meetings. 3. The contracting and cost of third-party Special Inspection services as required by the IBC associated with this project will be completed by the City. Task 3E.2.4 Deliverables 1. Construction observation reports shall be submitted to the City on a weekly basis. 2. Reporting from EORs and special inspection testing agencies Subtask 3E.2.5-Review and Process Change Order Proposals 1. Provide services related to any change orders. These include preparation of change order proposal description and justification documentation, assistance with negotiation of the change with the contractor, making recommendations to the City regarding any change orders, and processing the formal change order documents. Subtask 3E.2.5 Assumptions 1. For budgeting purposes, it is assumed the contractor will request up to 4 change orders, with each change order requiring up to 8 hours to review and process. Task 3E.2.5 Deliverables 1. Change order proposal description and justification documentation Subtask 3E.2.6-Monthly Progress Payment Requests 1. Review the contractor's monthly requests for progress payments and recommend the appropriate amount to the City for payment to the contractor. Subtask 3E.2.6 Assumptions 1. Progress payment reviews will be completed within 5 calendar days of receipt of the contractor's monthly pay requests. 2. Payment recommendations will be based upon the approved breakdown of the contractor's lump sum contract amount and the percentage complete of unit price items. 3. Construction duration is assumed to 9 months; therefore, 9 monthly progress payment requests will be processed. Task 3E.2.6 Deliverables 1. Recommendation for payment letter with supporting pay application documentation. Subtask 3E.2.7-Attend and Administer Construction Management Meetings 1. Prepare for and conduct periodic meetings on the project site with the contractor, including the project's pre-construction meeting. a. The purpose of these meetings is to identify any potential field problems and other issues regarding the project as well as to review the project progress versus the project schedule, as well as to notify the City of any potential or actual claims or protests of the contractor or other matters of importance. Subtask 3E.2.7 Assumptions 1. Construction meetings are budgeted for 1 hour in length. 2. Meetings will be held weekly when significant construction work is underway and bi-weekly when less active construction is occurring. Task 3E.2.7 Deliverables 1. Meeting agendas and minutes documenting all meeting decisions and impending action items Subtask 3E.2.8-Periodic Communication 1. Provide a reasonable degree of day-to-day and periodic communication and associated coordination with City staff to keep staff appraised of construction progress and of any issues that may impact project cost or schedule. Subtask 3E.2.8 Assumptions 1. For budgeting purposes, 2 hours a week are scheduled during active construction. Task 3E.2.8 Deliverables 1. None Subtask 3E.2.9- Testing, Start-up, and Commissioning 1. Provide personnel to accommodate the testing, startup and commissioning of project facilities. 2. Coordinate with the contractor and the City for final testing and start-up of the facilities. 3. With City concurrence,identify substantial completion of the project. Subtask 3E.2.9 Assumptions 1. The City will provide staff and resources as necessary to complete testing,start-up and commissioning activities for the individual facilities. Task 3E.2.9 Deliverables 1. Certificate of substantial completion to the contractor following successful testing, startup and commissioning of project facilities. Subtask 3E.2.10-Punch Lists 1. Participate in the development of punch lists to be provided for construction contractor's action or correction prerequisite to phased testing, start-up, commissioning, and construction close-out activities. Subtask 3E.2.10 Assumptions 1. Two punch list walk-throughs will be required. The first walk-through is anticipated to be four (4) hours in duration, the second walk-through is anticipated to be two (2) hours in duration. Task 3E.2.10 Deliverables 1. Itemized list of items to be included in punch lists Subtask 3E.2.11-Final Walk-Through 1. Prepare for and conduct a final walk-through of the project with representatives of the City and contractor. 2. Prepare a "punch list" of items of work remaining to achieve final completion of the project and to prepare for the City's acceptance of the project. 3. Recommend procedures and timing of acceptance of the project. Advise the City and the contractor of the dates for any warranty periods as established in the contract documents. 4. Recommend final payments to the contractor as appropriate. Subtask 3E.2.11 Assumptions 1. The City will provide staff and resources as necessary to complete testing,start-up and commissioning activities for the individual facilities. Task 3E.2.11 Deliverables 1. Final walk-through punch list 2. Recommendation of final payment to the contractor Task 3F. Operations Support Operations support services for the project include the following work activities: Subtask 3F.1—Record Drawings The Consultant will prepare record drawings for all four completed project elements, showing the as- constructed facilities based on construction observation, contractor-provided notes, and survey verification. Survey verification to include the following: • Horizontal locations of all structures (i.e., manholes,vaults, etc.); • Location and elevations of all piping appurtenances (i.e., connections,valves, etc.); • Horizontal data on all new surface features;and • Finish diagrams for all below-ground structures (including pipe locations, access points, etc.). Subtask 3E I Assumptions 1. Survey verification of as-constructed facilities shall be performed by the Consultant team. Task 3E I Deliverables 1. Record drawings: Provided electronically,per City standards,in both PDF and AutoCAD formats Subtask 3F.2—Operations and Maintenance Documentation Operations and maintenance (O&.NI) documentation will be provided for ASR 2 and ASR 3 facilities. 3F.2.1 ASR 2—The Consultant will update the O&M Manual as necessary to incorporate the modifications completed under this project. Subtask 3F.2.1 Assumptions 1. City to provide current ASR 2 O&M Manual to the Consultant in PDF and hard copy formats. Task 3F.2.1 Deliverables 1. Updated O&M Manual: a. Provided electronically in PDF format b. Two bound hard copy sets 3F.2.2 ASR 3 — The Consultant will compile and develop appropriate O&M information, including descriptions and procedures to a level of detail that enables the City to effectively and efficiently operate the facility.The Consultant will prepare an O&M Manual for the overall ASR 3 facility that includes a description of the operation of the major equipment,a control narrative,documentation of relevant field tests conducting during startup, and record drawings produced at half size (11-inch by 17-inch). The Consultant will review the O&M information provided by the construction contractor for individual pieces of major equipment to ensure that the vendor's original equipment manuals provide the required O&M information. Subtask 3E2.2 Assumptions 1. City to provide current ASR 2 O&M Manual to the Consultant in PDF and hard copy formats. Subtask 3E2.2 Deliverables 1. O&M Manual: a. Provided electronically in PDF format b. Two bound hard copy sets Subtask 3F.3— Warranty Inspection 1. Assist the City with the facilitation of a one-year anniversary inspection and the administration of potential corrective actions by the construction contractor. 2. Report to the City and the contractor on findings and corrections. 3. The City and the Consultant will provide a final Release from Warranty letter once all corrections are made to the satisfaction of the City. Subtask 3E3 Assumptions 1. None Subtask 3E3 Deliverables 1. Final Release from Warranty letter PROPOSED SUBCONSULTANTS 1. Groundwater Solutions, Inc. (GSI) -Hydrogeology; 2. Peterson Structural Engineering, Inc. (PSE) - Structural Engineering; 3. MWA Architects, Inc. (MWA) -Architect; 4. GRI - Geotechnical Engineering; 5. R&W Engineering, Inc. (R&W) - Electrical Engineering; 6. Portland Engineering, Inc. - Instrumentation and Controls Engineering; 7. AKS Engineering and Forestry,LLC (AKS) -Land Use Permitting; and 8. PBS Engineering and Environmental (PBS) -Topographic Survey. PROPOSED PROJECT FEE ESTIMATE Contractor proposes to perform this work on a time and expenses basis with a total not to exceed amount of $1,324,925, which includes design, permitting, bidding, and construction phase services. The proposed fee estimate is provided as "Exhibit B." Fee estimates are based upon Contractor's 2020 Schedule of Charges which is provided as "Exhibit C." PROPOSED PROJECT SCHEDULE We have included a Preliminary Project Schedule as "Exhibit D"which, for the purposes of project scoping, assumes a Notice to Proceed (NTP) date of April 1,2020. Should the NTP date be after this date, the project schedule provided may still be maintained by adjusting the start date accordingly. :!Q C J ■ !! 9� a,� ,; C }� E� [ „!9. | ::. _;:, _,=.,=z■ >. :;� ;;, . ,,,� § * ! /1 ! . ■ , ;,� ! | |®}!. | | § | | | | - | )!!G\/ M . ! I _ `j.,\2\ .) lima., )\/\` � \j(s ),c/, 2...._ , ---u- Dc `||| !!!!!!!!»§§! \ � .. / } \ 72 ( R:5 !/Q C!! :!w g ; 22| { ;QPaz ; } S q \ § * § � a „ . ; ;;e :; s j 1 , § ! .|)f/ � to: =;a■ 2 2 , ,- . ; ;;c,=©v=! = sort . / l a ,�„a, :41 4 2-- ƒlq so$ ! | - ! • - !! !; �! u § .a f, t; . �_:! !!!• !!:l.lEr� | ,\\ k }I}:\:\-g}§)§/_/_|l);d).);!2/)>)ds: lt■,r!,!RJ:!J�■■' -G||!;!y-_!;!y-=T HIM / } \ « . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ! | � . ./ . . ./ .!ll . .:■ / . . . . . . ./ . . . . . . . . . . . . . . . . . . . . . . . . . . . . „-- ---,--„ _ , ------ ------,------ --,---,--,--- :. :rrK . . . . . .;■ . . . . :1 .::■ . . .: . . . . . . . . . . . .: . . . . . . . . . .■ 00 i ■| :■ ■ :■ - - ; | &| \k ;e # . q ;°■ q ■ � :-- §,�{ •;r, \\ ■:/ § ! ! //, \\/) / ! \\ |{ot \{ /} §92 »;o e: .Qla,a,ze:e <! . . . . 2�� �« a: u• a„a,a.s=,=e,a,a.s=x , ; 9;§ §;R S ! ^§§ |§«§.. ]/ § \§d§jd§§:d/jd§jdj :2 |Gr„ ,,, MAMA §-|| ;; ti ti . § .. \ } )mo \\/ \ ZE/2. 4-/m m!/! / f k . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ! | 1-4 \\\■ \ \\\■ !\„°� \ „---,--,------,--- I --- „------,---- ,--,-, . | . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1. . . . . . . . . . . . , ! ! ^ �) |� ! « | - | - - \\�| ; _ { „ \\�� Q;E;. . R\\ \\� �\\ r:Q e ; n 9■ ! ;Q iie S S \ \\:\ / ! | I ° /� \ �/\ :\ •/ / � { �< . . . .< . . . .< . . . .� . . . ° �``/\\\/ ,,.. , G;;w !„ :ug:G:§.x:w�« | ;e!`© d;);`©° |�°°° } §-|| -|;;;;|;; ; ..|;;;..;!!!{i |:_!|! ||;;;;;;;!! ; § .... .... .... .. { \ Exhibit C murraysmi h �. 2020 SCHEDULE OF CHARGES Personnel: Labor will be invoiced by staff classification at the following hourly rates,which are valid from January 1,2020 through December 31,2020.After this period,the rates are subject to adjustment. Billing Classifications 2020 Rates Billing Classifications Principal Engineer VI $270 Construction Manager VIII $227 Principal Engineer V $260 Construction Manager VII $219 Principal Engineer IV $250 Construction Manager VI $203 Principal Engineer III $239 Construction Manager V $188 Principal Engineer II $230 Construction Manager IV $178 Principal Engineer I $222 Construction Manager III $162 Professional Engineer IX $212 Construction Manager II $150 Engineering Designer IX $204 Construction Manager I $133 Professional Engineer VIII $202 Inspector VII $188 Engineering Designer VIII $193 Inspector VI $172 Professional Engineer VII $191 Inspector V $156 Engineering Designer VII $184 Inspector IV $145 Professional Engineer VI $182 Inspector III $129 Engineering Designer VI $175 Inspector II $117 Professional Engineer V $171 Inspector I $100 Engineering Designer V $164 Technician IV $155 Professional Engineer IV $161 Technician III $139 Engineering Designer IV $161 Technician II $120 Professional Engineer III $157 Technician I $101 Engineering Designer III $157 Administrative III $110 Engineering Designer II $143 Administrative II $101 Engineering Designer I $132 Administrative I $89 Project Expenses: Expenses incurred that are directly attributable to the project will be invoiced at actual cost.These expenses include the following: CADD Hardware/Software $18.00/hour Modeling and GIS Hardware/Software $10.00/hour Mileage Then-current IRS Rate Postage and Delivery Services At Cost Printing and Reproduction At Cost Travel, Lodging,and Subsistence At Cost Outside Services: Outside technical, professional,and other services will be invoiced at actual cost-plus 10 percent to cover administration and overhead. 2020OR/SW WA/ID/CO MURRAYSMITH Confidential c } ( G � \ ~ � { � / \ \ * ` \ \ 7 \ \ § ƒ - kk \ \ § § : c ] Z § � ata § q ¥ o \ � � § � ! ) ( ; 2 ® ± ( § \ ) - � / . _ \ _ {= )k \ \