City Auditor - City Recorder - Council Ordinance - 179899 David Evans & Assoc Harney pump station contract

SHORT TITLE OF WORK PROJECT: Harney Wastewater Pump Station Predesign and Design

This contract is between the City of Portland, acting by and through its Elected Officials, hereafter called "City," and DAVID EVANS AND ASSOCIATES, Inc. hereafter called Contractor. The City's Project Manager for this contract is Jeff Hanks, P.E.

This contract shall become effective on January 30, 2006 (or on the date at which every party has signed this contract, whichever is later.) This contract shall expire, unless otherwise terminated or extended, on January 31, 2011.

(a) The statement of work is contained in EXHIBIT A attached hereto and by this reference made a part hereof.

(a) City agrees to pay Contractor a sum not to exceed $142,066 for accomplishment of the work.

(b) Interim payments shall be made to Contractor according to the schedule identified in EXHIBIT A.

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Federal Tax ID #: __93-0661195_________ State Tax ID #: 232764-5 Business License #: 202605

Business Designation (check one): ____ Individual ____ Sole Proprietorship ____ Partnership __X__ Corporation

___ Limited Liability Co (LLC) ____ Estate/Trust ____ Public Service Corp. ____ Government/Nonprofit

Payment information will be reported to the IRS under the name and taxpayer I.D. number provided above. Information must be provided prior to contract approval. Information not matching IRS records could subject you to 20 percent backup withholding.

I, the undersigned, agree to perform work outlined in this contract in accordance to the terms and conditions (listed on pages 2-4 and made part of this contract by reference) and the statement of work made part of this contract by reference; hereby certify under penalty of perjury that I/my business am not/is not in violation of any Oregon tax laws; hereby certify that my business is certified as an Equal Employment Opportunity Affirmative Action Employer as prescribed by Chapter 3.100 of Code of the City of Portland; and hereby certify I am an independent contractor as defined in ORS 670.600.

Approved by the Contractor: _______________________________________ _____________________

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Approved by Mayor or Commissioner: _______________________________________________________ Elected Official or Delegate Date

Approved by City Auditor: _______________________________________________________

The Contractor shall maintain, and the City of Portland ("City") and its duly authorized representatives shall have access to the books, documents, papers, and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts, and transcripts for a period of three years after final payment. Copies of applicable records shall be made available upon request. Payment for cost of copies is reimbursable by the City.

(a) The City, either directly or through a designated representative, may conduct financial and performance audits of the billings and services specified in this agreement at any time in the course of the agreement and during the three (3) year period established by section 1, Access to Records. Audits will be conducted in accordance with generally accepted auditing standards as promulgated in Government Auditing Standards by the Comptroller General of the United States General Accounting Office.

(b) If an audit discloses that payments to the Contractor were in excess of the amount to which the Contractor was entitled, then the Contractor shall repay the amount of the excess to the City.

(c) If any audit shows performance of services is not efficient in accordance with Government Auditing Standards, or that the program is not effective in accordance with Government Auditing Standards, the City may pursue remedies provided under section 5, Early Termination of Agreement and section 7, Remedies.

The passage of the contract expiration date (as recorded on reverse side) shall not extinguish, prejudice, or limit either party's right to enforce this contract with respect to any default or defect in performance that has not been cured.

The City certifies that sufficient funds are available and authorized for expenditure to finance the cost of this contract.

(a) The City and the Contractor, by mutual written agreement, may terminate this Agreement at any time.

(b) The City, on thirty (30) days written notice to the Contractor, may terminate this Agreement for any reason deemed appropriate in its sole discretion.

(c) Either the City or the Contractor may terminate this Agreement in the event of a breach of the Agreement by the other. Prior to such termination, however, the party seeking the termination shall give to the other party written notice of the breach and of the party's intent to terminate. If the party has not entirely cured the breach within fifteen (15) days of the notice, then the party giving the notice may terminate the Agreement at any time thereafter by giving a written notice of termination.

(a) In the event of termination under subsection 5(a) or 5(b), Early Termination of Agreement hereof, the City shall pay the Contractor for work performed in accordance with the Agreement prior to the termination date.

(b) In the event of termination under subsection 5(c), Early Termination of Agreement hereof, by the Contractor due to a breach by the City, then the City shall pay the Contractor as provided in subsection (a) of this section.

(c) In the event of termination under subsection 5(c), Early Termination of Agreement hereof, by the City due to a breach by the Contractor, then the City shall pay the Contractor as provided in subsection (a) of this section, subject to set off of excess costs, as provided for in section 7(a), Remedies.

(d) In the event of early termination all of the Contractor's work product will become and remain property of the City.

(a) In the event of termination under subsection 5(c), Early Termination of Agreement, hereof, by the City due to a breach by the Contractor, then the City may complete the work either itself, by agreement with another contractor or by a combination thereof. In the event the cost of completing the work exceeds the remaining unpaid balance of the total compensation provided under this contract, then the Contractor shall pay to the City the amount of the reasonable excess.

(b) The remedies provided to the City under section 5, Early Termination of Agreement and section 7, Remedies for a breach by the Contractor shall not be exclusive. The City also shall be entitled to any other equitable and legal remedies that are available.

(c) In the event of breach of this Agreement by the City, then the Contractor's remedy shall be limited to termination of the Agreement and receipt of payment as provided in section 5(c), Early Termination of Agreement and section 6(b), Payment on Early Termination hereof.

Contractor shall not subcontract, assign or transfer any of the work scheduled under this agreement, without the prior written consent of the City. Notwithstanding City approval of a subcontractor, the Contractor shall remain obligated for full performance hereunder, and the City shall incur no obligation other than its obligations to the Contractor hereunder. The Contractor agrees that if subcontractors are employed in the performance of this Agreement, the Contractor and its subcontractors are subject to the requirements and sanctions of ORS Chapter 656, Workers’ Compensation.

In connection with its activities under this Agreement, Contractor shall comply with all applicable federal, state and local laws and regulations. Contractor shall complete Exhibit B, Independent Contractor/Workers’ Compensation Insurance Questionnaire, which is attached hereto and by this reference made a part hereof.

Contractor shall defend, save, and hold harmless the City of Portland, its officers, agents, and employees, from all claims, suits, or actions of whatsoever nature, including intentional acts, resulting from or arising out of the activities of Contractor or its subcontractors, agents or employees under this agreement.

Contractor shall defend, save, and hold harmless the City of Portland, its officers, agents, and employees, from all claims, suits, or actions arising out of the professional negligent acts, errors or omissions of Contractor or its subcontractors and sub-consultants, agents or employees in performance of professional services under this agreement.

If Contractor's services involve engineering or consulting, the standard of care applicable to Contractor's service will be the degree of skill and diligence normally employed by professional engineers or consultants performing the same or similar services at the time such services are performed. Contractor will re-perform any services not meeting this standard without additional compensation.

All work products of the Contractor which result from this contract are the exclusive property of the City.

Contractor agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules, and regulations. Contractor also shall comply with the Americans With Disabilities Act of 1990 (Pub I. No. 101-336) including Title II of that Act, ORS 659.425, and all regulations and administrative rules established pursuant to those laws.

The provisions of this contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and approved assigns.

The parties agree that if any term or provision of this contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular term or provision held to be invalid.

The failure of the City to enforce any provision of this contract shall not constitute a waiver by the City of that or any other provision.

The Contractor shall perform such additional work as may be necessary to correct errors in the work required under this contract without undue delays and without additional cost.

The provisions of this contract shall be construed in accordance with the provisions of the laws of the State of Oregon. Any action or suits involving any question arising under this contract must be brought in the appropriate court in Multnomah County Oregon.

All changes to this contract, including changes to the scope of work and contract amount, must be made by written amendment and approved by the Purchasing Agent to be valid. Any amendment that increases the original contract amount by more than 25% must be approved by the City Council to be valid.

The Contractor shall obtain a City of Portland business license as required by PCC 7.02 prior to beginning work under this Agreement. The Contractor shall provide a business license number in the space provided on page one of this Agreement. Additionally, the Contractor shall pay all fees or taxes due under the Business License Law and the Multnomah County Business Income Tax (MCC Chapter 12) during the full term of this contract. Failure to be in compliance may result in payments due under this contract to be withheld to satisfy amount due under the Business License Law and the Multnomah County Business Income Tax Law.

(a) No City officer or employee during his or her tenure or for one year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof.

(b) No City officer or employee who participated in the award of this Agreement shall be employed by the Contractor during the period of the Agreement.

The Contractor shall timely pay all suppliers, lessors and contractors providing it services, materials or equipment for carrying out its obligations under this Agreement. The Contractor shall not take or fail to take any action in a manner that causes the City or any materials that the Contractor provides hereunder to be subject to any claim or lien of any person without the City's prior written consent.

THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION, OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION, OR CHANGE IF MADE, SHALL BE EFFECTIVE ONLY IN SPECIFIC INSTANCES AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY THE SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE OR SHE HAS READ THIS CONTRACT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.

22. Arbitration: /_X_/ Not Applicable /___/ Applicable (consult with City Attorney’s Office before finalizing as applicable)

(a) Any dispute arising out of or in connection with this Agreement, which is not settled by mutual agreement of the Contractor and the City within sixty (60) days of notification in writing by either party, shall be submitted to an arbitrator mutually agreed upon by the parties. In the event the parties cannot agree on the arbitrator, then the arbitrator shall be appointed by the Presiding Judge (Civil) of the Circuit Court of the State of Oregon for the County of Multnomah. The arbitrator shall be selected within thirty (30) days from the expiration of the sixty (60) day period following notification of the dispute. The arbitration, and any litigation arising out of or in connection with this Agreement, shall be conducted in Portland, Oregon, shall be governed by the laws of the State of Oregon, and shall be as speedy as reasonably possible. The applicable arbitration rules for the Multnomah County courts shall apply unless the parties agree in writing to other rules. The arbitrator shall render a decision within forty-five (45) days of the first meeting with the Contractor and the City. Insofar as the Contractor and the City legally may do so, they agree to be bound by the decision of the arbitrator.

(b) Notwithstanding any dispute under this Agreement, whether before or during arbitration, the Contractor shall continue to perform its work pending resolution of a dispute, and the City shall make payments as required by the Agreement for undisputed portions of work.

The Contractor shall provide monthly progress reports to the Project Manager. If applicable, Exhibit A should list what information the Contractor must include in monthly progress reports.

The Contractor shall assign the following personnel to do the work in the capacities designated: If applicable, list selected personnel in Exhibit A.

The Harney Pump Station, constructed in 1945, is owned and operated by BES. The station was last updated in 1992 and a crane rail system to provide a means of removing the pumps was added in 1997. The station has two pumps each rated at 1,000 gallons per minute. The pumps are actually only producing about 400 gpm due to wear over the life of the station. The BES System Analysis section is studying proposed modifications to the upstream collection system, which when implemented will modify the future flows into the Harney Pump Station. Future flows are currently estimated to approach a peak influent of approximately 3,500 gpm. Regardless of the final flows determined by the collection system study, the station will require a major upgrade because of the limited active volume available in the wet well.

The current wet well volume-per-foot is 655 gallons. The active volume between pump “ON” and pump “OFF” is only 1,114 gallons. This volume may be increased slightly, but not enough to utilitize the wet well in its present configuration for significantly increased flows. The desired cycle time for the pumps is six minutes. The minimum active wet well volume for a design flow of 2,500 gpm at a cycle time of six minutes is 3,750 gallons and at 3,500 gpm the volume required is 5,250 gallons.

To provide the required active volume to accommodate future flows, the wet well will require major modifications. The entire substructure may require being re-configured to a submersible pump station and a new control building constructed adjacent the existing station. The control building will include an electrical room, a separate room for an on-site standby generator and possibly a restroom. The station is located on property owned by the City of Portland. A portion of the site is used for a community garden operated by Portland Parks and Recreation. The construction of a control building and valve vault will require displacing some of the garden area.

In addition to a new control building and valve vault, the project will require a by-pass pumping system to accommodate flow during construction. Based on available data from BES the flows during January 2002 averaged about 250 gpm. Peak flows reached about 500 gpm. The by-pass pumping system should be sized to handle estimated peak flows of 500 gpm during construction. This flow should be adjusted based on the results of the collection system evaluation.

The scope of work includes Pre-design and Design of an upgrade project for the Harney Pump Station. Services beyond final design including services during bidding, services during construction and startup and closeout service will be negotiated at a later date, and only authorized by a written contract amendment under the city’s PTE contract requirements.

The David Evan and Associates (DEA) design team will work with the City’s Project Manager and staff to make sure that the project requirements and desired products are produced in a timely manner and within budget to meet the December 1, 2006 deadline.

• Direct and manage the consultant design team to achieve budget and schedule goals, and the implementation of appropriate QA/QC procedures.

Jim Gilmer, project manager, will have overall responsibility for the performance of the consultant team and will manage his staff and subconsultants using a progression of management tools to monitor and control the execution of this project. Project status/progress meetings with BES, DEA, and subconsultant staff will be held on a monthly basis. Ongoing tasks will be tracked through Action Item lists, with identified responsible parties. Schedule control will be maintained through monitoring and update of the Microsoft Project schedule. Task costs will be monitored weekly to immediately identify potential problem areas. An administrative project assistant will be assigned to coordinate and facilitate all meetings and communications.

Communications - At project initiation, DEA will develop a list with all project contacts. The list will be updated as necessary and revised by DEA’s project assistant. Contacts include BES personnel, key contacts on the consultant team, utility coordination contacts, and permit agency contacts. The list will contain names, organizations, addresses, telephone numbers, fax numbers, and e-mail addresses. Jeff Hanks, the BES project manager will be copied on all communications related to contract or policy issues. DEA’s project assistant will also file all communication records to assure all chains of correspondence are preserved.

Progress Meetings - Key members of the project team will be brought into the progress meetings as required. A status report for each meeting will be prepared with specific detail in the follow categories:

Using this format, the entire team will be kept updated on project status and critical issues are brought forward and remain visible until resolved.

Budget Tracking – DEA’s Management Information System (MIS) will be customized for the Project. Project and task managers can receive cost-tracking information on a weekly basis. All task and subtask charges are logged under their own Work Breakdown Structure (WBS), providing activity-related cost accounting. MIS reports are downloaded weekly, as soon as they become available. Tracking costs weekly allows early identification of potential overcharges and under-charges, so the project manager can take immediate corrective action, where necessary.

Schedule Tracking - The project schedule is tracked directly on the Microsoft Project Gantt Chart. Actual progress is compared to the proposed schedule with appropriate adjustments made to either the executing or planning processes. Milestones identified on the project schedule are used as touchstones for evaluating progress. The failure to meet any milestone results in the re-evaluation of both the schedule and project execution process. Monitoring of progress between milestones is performed weekly.

Documentation and Record keeping - At the initiation of the project, a complete administrative breakdown will be established. The project logs, MIS format, the paper filing system, the electronic filing system, and e-mail system are all custom formatted, based on the project manager’s requirements. The project assistant is responsible for creating and maintaining these systems throughout the job.

All incoming or outgoing correspondence and e-mail is routed through the project assistant, who tracks and files all communication. All contract deliverables are routed through our Records Management Group, which maintains separate archival paper and hard copies of all deliverables. All network servers are backed up daily to allow for data recovery in case of computer problems.

A project log is maintained on the network where the team can access it. All project related conversations, meetings, site inspections, requests, and decisions are recorded in the project log. During construction, separate logs are maintained for RFIs, change order requests, material submittals, and site inspections. All construction-related requests are logged by date received and date of response.

QA/QC Methodology - The quality control measures used include several techniques such as: calculation checks, plan checks (including back-checking), revision procedures, quantity and cost estimates, and specification/plan comparison at the 30-, 60-, and 90-percent and final submittals.

Plan checks will be made prior to each of the above-described submittals. Drawings will be filed showing the completed cycle of review and back checking. Revisions based upon BES comments will be reviewed, back-checked, and recorded in the same manner as internal reviews.

The revision box will be used to indicate revisions to issued drawings such as addenda, change orders, and modification to issued drawings. Going from a 30-percent submittal to a 60-percent submittal will be considered a re-issue of the drawing, not a revision.

Specifications will be completed using the City of Portland BES format. Subconsultants are to compare their specifications and plans to see that they are in conformance with each other for their task. DEA will be responsible for conformance to BES specification, format, consistency, clarity, and reference from section to section. Measurement and payment provisions will be produced in agreement with the contract bid schedule.

Quality Assurance Audits - Quality assurance audits will be conducted or directed by the principle-in-charge, Don Whitehead, PE, to verify that the QC system is functioning as designed. DEA will maintain records of the audit, findings, and corrective action, including follow-up audits, if necessary. BES may be included on the audit team. The principle-in-charge will meet with the project manager to review and implement necessary corrective actions. Copies of the audit will be provided to DEA’s Portland office quality systems manager.

DEA anticipates that City staff will assist in gathering any existing data that was not available during the preparation of this proposal.

Other tasks determined during the project kick-off meeting will also be completed by City staff and include the following:

• Provide a Project Engineer/Manager who is responsible for overall project management and will provide coordination between the consultant and the City.

• Provide City staff member(s) to provide timely response to any questions, and to be available for meetings requested by the consultant.

• Make available guidelines, policies, and regulations to be used in developing design.

As a minimum, review meetings with City staff will be established as described below. DEA will meet with the City for the following meetings:

Task 1 Deliverables: Monthly status report, updated project schedule, summary of any meetings, and telephone conversation records that impact the progress of the work.

The pre-design confirmation process will begin with a Kick-off Meeting attended by key DEA design team members, the City’s project manager and appropriate city staff. The purpose of the meeting is to gather existing data and reports, and establish goals and objectives for the preliminary design report.

DEA, with the assistance of the City staff, will collect and review existing data pertinent to the Harney Pump Station and force main systems including:

• City of Portland City’s standard construction specifications similar to the California Pump Station project DEA recently completed

DEA’s design team will work with the BES Systems Analysis section to determine projected design flows for final design. Gathering data and coordinating with the Systems Analysis section is anticipated to be complete within four to six weeks after the kick-off meeting.

The preliminary design report will evaluate alternative wet well and pump configurations for the station, based on the projected design flows that will be developed, and make recommendations for improvement. Submersible wet well alternatives may include a conventional wet well or a self-cleaning trench-type wet well. Pump alternatives include an evaluation of a two-pump system and a three-pump system. In a two-pump configuration, both pumps will be required to handle the peak flow. In a three-pump configuration one pump would handle the normal flows two pumps in parallel would handle the peak flow and the third pump would alternate with the other two and provide backup if one pump is out of service.

• A complete review of the current land use to determine the necessary permits that will be required to upgrade the station, and a pre-application meeting will be conducted to confirm the land use reviews required.

• A complete structural evaluation of the existing structure for gravity, hydrostatic and lateral loads. Findings will be incorporated into the Pre-design Report.

The pre-design report, will also include an evaluation of the force main configuration between the station and the discharge manhole. Existing records show that the force main is 12-inch diameter cast iron approximately 275 feet in length. The maximum flow in the force main to be within the range of 3 fps to 10 fps is 3,800 gpm. This maximum flow is larger than the anticipated projected peak flow for the Harney station so DEA does not believe that any major upgrade work will be necessary on the force main except the addition of a valve vault at the site.

Another pre-design subtask report will be to update available AutoCAD drawings from the existing “as-constructed” plans of the pump stations by scanning and converting the existing plans into usable AutoCAD files as required. An on-site survey of the pump station will be conducted in order to update the AutoCAD drawings as necessary so they can be used during detailed design.

City Review and Revisions to Preliminary Design Report
DEA will attend a review meeting at the City to receive comments on the draft preliminary design report. DEA will make adjustments and changes, as required, based on comments received during the City review meeting.

Task 2 Deliverables: DEA will provide 10 copies of the draft report including recommendations for upgrading the station, and results of the land use and zoning code review for review and comment by the City staff. The final report will incorporate all the comments received from the draft review. The final pre-design report will include a project schedule and preliminary construction cost estimate. DEA will provide an updated work plan, based on the final recommendations in the pre-design report, for final design.

During the preparation of the preliminary design report, field survey work will be completed that will include a topographic base map for the pump station site and force main between the station and the discharge manhole. Field surveys will be performed by City of Portland survey crews and the electronic files will be provided to DEA. The design survey will establish vertical and horizontal control and provide detailed field information needed to prepare topographic base maps, which will be used for the design and construction of the pump station remodel including the control building, valve vault, by-pass pumping system any necessary force main modifications. This will include any property corners and monuments found along the route.

A geotechnical investigation at the pump station site will be performed, and will include backhoe test pits to determine foundation design criteria for the control building and valve vault.

Task 3 Deliverables: Hard copy and electronic files for the base mapping and five copies of the Geotechnical Investigation Report.

Design Development to 30-Percent
The preparation of the preliminary and final design will be based on the final approved recommendations contained in the preliminary design report. Utilizing the field survey a preliminary site design of the improvements showing the existing pump station, new control building, valve vault, and by-pass pump facilities will be completed.

The AutoCAD drawings of the existing pump stations will be updated and prepared during the pre-design report phase will be used to develop demolition plans of the pump station, and proposed improvements including pumps, piping, electrical equipment and control building. It is anticipated that the existing wet well will need to be modified to accommodate submersible pumps.

During the preliminary design, DEA will further develop the modifications to replace the existing pumps and electrical and control systems. This work will also include the addition of a standby generator and a restroom in the control building. Proposed pump station improvements, details, demolition plans, and draft technical specifications will be prepared. Additional items of work include developing a by-pass pumping plan, erosion control plan and traffic control plan.

A land use pre-application package will be prepared with the required material necessary (application, site plans, project description narration) in order for a pre-application meeting to be scheduled with the Bureau of Development Services. VAI staff will coordinate the timing of the pre-application meeting to make sure that BES project manager and DEA project manager can attend the meeting. VAI staff will attend the meeting. The purpose of the meeting is to obtain input from BDS staff on land use permit application requirements.

DEA will utilize its technical specifications developed for similar pump station projects for the City of Portland as a starting point for the technical specifications for this project. DEA will prepare a preliminary construction cost estimate.

Task 4 Deliverables: Six copies of the 30-percent design, Pre-application submittal package, preliminary construction estimates, and electronic files for City review.

City Review and Revisions to 30-Percent Design
DEA will attend a review meeting at the City to receive comments on the 30-percent design. DEA will make adjustments and changes, as required, based on comments received during the City review meeting.

Design Development to 60-Percent
The preparation of the final design will be based on the 30-percent design with review comments by the City incorporated, or otherwise resolved. Final design of pump station modifications, including the demolition of the station, and proposed improvements including pumps, piping, electrical equipment and control building, will be advanced to 60-percent complete. Final plans will include further developing the modifications to replace the existing pumps, wet well, and electrical and control systems. The proposed improvements will include the addition of a standby generator and restroom in the new control building, a by-pass pumping plan, erosion control plan and traffic control plan and update the construction cost estimate.

A conditional use permit application will be prepared. The application will include an existing site plan, proposed development plan, photos of the site, mitigation or remediation site plan, and a detailed narration that addresses the code requirements and standards. The project team will coordinate with BDS and BES staff to answer questions, address comments, and facilitate the review.

Deliverables: Six copies of the 60-percent design plans and specifications (one unbound), conditional use permit application for City review. In addition DEA will prepare a pre-application for land use application requirements from BDS and a type II conditional use permit application.

City Review and Revisions to 60-Percent Design
DEA will attend a review meeting at the City to receive comments on the 60-percent design, and will make adjustments and changes, as required, based on comments received during the City review meeting.

Design Development to 90-Percent
Final design of the pump station modifications will incorporate comments received during the City review of the 60-percent design submittal. DEA will refine the drawings and specifications and cost estimate, producing detailed construction documents. Plans will be prepared in a format acceptable to the City and suitable for bidding and construction.

Deliverables: Six copies of the 90-percent design plans and specifications (one unbound) for City review.

Final City Review and Revisions to 90-Percent Design
A 90% review meeting will be scheduled and held at the end of the City review period so that DEA can receive comments. DEA will make adjustments and changes, as required, based on comments received during the 90% review meeting.

Revisions to the 90% Design
DEA will make final adjustments and changes to the 90% design plans and specifications, as necessary to reach 100% completion based on the comments received from the City. Specifications for the project will be prepared in a format that meets BES Standards. DEA will prepare special technical specifications for sections 2-16 and reduced contract drawings.

Contract Documents at 100 Percent
The plans will include a cover sheet, an estimated two drawings showing the plan and profile drawings at 1 inch = 50 feet scale for the gravity sewer. An estimated 12 to 15 drawings will be completed to define the modifications and improvements to the stations. Standard and miscellaneous details will also be provided.

Deliverables: Six sets of 11-inch by 17-inch half-size drawings (one unbound), one set of full size vellums 22-inch by 34-inch contract drawings, camera-ready technical specifications, construction cost estimate and electronic files. Update Pre-application package for land use application requirements from BDS and a Type II Conditional Use Permit Application as necessary.

Task 5 Deliverables: Final plans and specifications conforming to the City’s standards and suitable for bidding will be provided. The estimate of probable construction cost will be updated during the design process. Electronic files and camera-ready drawings and contract documents will be provided to the City for use during the bidding and construction phases.

The scope of work and fee for services beyond final design may be negotiated after the design is completed and will only be authorized by written contract amendment. The work may include services during bidding and construction.

The City shall pay Contractor for work performed under this Agreement after the effective date as set out below. The payment shall be full compensation for work performed, for services rendered, and for all labor, materials, supplies, equipment, and incidentals necessary to perform the work and services. Compensation for each authorized project task shall be based on time materials with a cost not to exceed the total authorized amount without the approval of the City. Where Contractor has provided City with a breakdown of the total compensation into subtasks, such breakdowns are estimates only. Contractor may reallocate compensation between tasks and subtasks, provided the total authorized amount is not exceeded without the approval of the City.

Compensation for the Harney PS Predesign and Design, BES Project No. 8065, shall not exceed $142,066, with the task breakdown as follows:

Task	Description	Cost not to exceed
1.0	Project Management	$ 25,168
2.0	Preliminary Design Confirmation	$ 28,985
3.0	Field Investigations	$ 4,833
4.0	Preliminary Design	$ 32,630
5.0	Final Design	$ 50,452
	Total Authorized Amount	$ 142,066

The multiplier applied to salaries shall not exceed 3.1. The multiplier shall include the following non-reimbursable expenses: fringe benefits, payroll bonuses, autos and other defined perquisites, telecommunications, facsimile services, overhead expenses including but not limited to local and long distance telephone, parking, delivery/courier, general business and professional liability insurance, advertising costs, postage, internal copying, lease of office equipment, mileage and other local travel costs, information technology (including computer time and CAD services and other related highly specialized equipment), all other direct costs not identified as reimbursable, other indirect costs and profit.

• Out-of-Town Travel. Travel (transportation, lodging and per diem) of Consultant and/or experts when specified in the contract or requested by BES, directly attributed to specific tasks and when to a location outside a 100 mile radius of Consultant’s project office. Travel costs will be reimbursed in accordance with the City’s Travel Expense Guidelines (currently the Runzheimer Index).

• Photocopying/Reproduction Costs. Reproduction of required drawings, reports, specifications, bidding documents, in excess of the number required as part of the contract excluding the cost of reproduction for Consultant’s or sub’s own use.

Compensation for subconsultants shall be limited to the same restrictions imposed on the Consultant. The maximum markup on subconsultant services shall not exceed 5%. Consultants are not guaranteed the maximum mark-up will be allowed, it may be less or none at all. The actual rate will be determined during contract negotiations.

Each year the contract is in force, hourly rates may be adjusted annually to an amount not to exceed the average inflation rate for the Portland Metropolitan Area as determined from the US Department of Labor statistics and certified by the City of Portland Auditor. Other than the impact of inflation as described above, compensation rates may not be increased.

Contractor’s hourly rates for all Tasks shall be based on a multiplier of not more than 3.10 times direct labor, and shall be full compensation for all overhead costs, routine expenses, and profit. Routine expenses include, but are not limited to, miscellaneous copying, computer time, travel within the Portland metropolitan area (100-mile radius), and postage. Subconsultant compensation (labor plus expenses) will be billed at cost plus 5 percent.

The following hourly rates shall apply for the Project Team including the subconsultants, and shall be full compensation for all overhead costs, routine expenses, and profit as described above.

Reimbursable Direct Costs - Reimbursable direct costs must be specifically identified in each individual project workplan/estimate and approved by the project manager. Reimbursable direct costs will be billed at cost and may include:

Travel (transportation, lodging and per diem) of Consultant when specified in the contract or requested by BES, directly attributed to specific task and when to a location outside 50 mile radius of either the City of Portland or Consultant’s project office.

Reproduction Costs. Reproduction of required internal drawings, specifications, bidding documents, in excess of the number required as part of the contract excluding the cost of reproduction for Consultant’s or sub’s own use.

Contractor shall complete the preliminary design services in accordance with the approved schedule.

CONTRACTOR CERTIFICATION I, undersigned, am authorized to act on behalf of entity designated below, hereby certify that entity has current Workers' Compensation Insurance.

Signature_________________________________ Date_________________________ Entity_______________________

ORS 670.600 Independent contractor; standards. As used in various provisions of ORS Chapters 316, 656, 657, and 701, an individual or business entity that performs labor or services for remuneration shall be considered to perform the labor or services as an "independent contractor" if the standards of this section are met. The contracted work meets the following standards:

1. The individual or business entity providing the labor or services is free from direction and control over the means and manner of providing the labor or services, subject only to the right of the person for whom the labor or services are provided to specify the desired results;

2. The individual or business entity providing labor or services is responsible for obtaining all assumed business registrations or professional occupation licenses required by state law or local government ordinances for the individual or business entity to conduct the business;

3. The individual or business entity providing labor or services furnishes the tools or equipment necessary for performance of the contracted labor or services;

4. The individual or business entity providing labor or services has the authority to hire and fire employees to perform the labor or services;

5. Payment for the labor or services is made upon completion of the performance of specific portions of the project or is made on the basis of an annual or periodic retainer.

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1. The individual or business entity providing labor or services is registered under ORS Chapter 701, if the individual or business entity provides labor or services for which such registration is required;

2. Federal and state income tax returns in the name of the business or a business Schedule C or form Schedule F as part of the personal income tax return were filed for the previous year if the individual or business entity performed labor or services as an independent contractor in the previous year; and

3. The individual or business entity represents to the public that the labor or services are to be provided by an independently established business. Except when an individual or business entity files a Schedule F as part of the personal income tax returns and the individual or business entity performs farm labor or services that are reportable on Schedule C, an individual or business entity is considered to be engaged in an independently established business when four or more of the following circumstances exist. Contractor check four or more of the following:

_____ A. The labor or services are primarily carried out at a location that is separate from the residence of an individual who performs the labor or services, or are primarily carried out in a specific portion of the residence, which portion is set aside as the location of the business;

_____ B. Commercial advertising or business cards as is customary in operating similar businesses are purchased for the business, or the individual or business entity has a trade association membership;

_____ C. Telephone listing and service are used for the business that is separate from the personal residence listing and service used by an individual who performs the labor or services;

_____ E. Labor or services are performed for two or more different persons within a period of one year; or

_____ F. The individual or business entity assumes financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided.

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During the term of this contract Contractor shall maintain in force at its own expense, each insurance noted below:

1. Workers Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers (contractors with one or more employees, unless exempt under ORS 656.027).

General Liability insurance with a combined single limit of not less than $500,000 each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract, and shall provide that City of Portland, and its agents, officers, and employees are Additional Insured but only with respect to the Contractor's services to be provided under this Contract:

Automobile Liability insurance with a combined single limit of not less than $500,000 each occurrence for Bodily Injury and Property Damage, including coverage for owned, hired, or nonowned vehicles, as applicable:

Professional Liability insurance with a combined single limit of not less than $1,000,000 each claim, incident, or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract.

5. On all types of insurance. There shall be no cancellation, material change, reduction of limits, or intent not to renew the insurance coverage(s) without 30-days written notice from the Contractor or its insurer(s) to the City.

6. Certificates of insurance. As evidence of the insurance coverages required by this contract, the Contractor shall furnish acceptable insurance certificates to the City at the time contractor returns signed contracts. The certificate will specify all of the parties who are Additional Insured and will include the 30-day cancellation clause that provides that the insurance shall not terminate or be cancelled without 30 days written notice first being given to the City Auditor. Insuring companies or entities are subject to City acceptance. If requested, complete policy copies shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance.