AGREEMENT FOR PROFESSIONAL, TECHNICAL, OR EXPERT SERVICES
CONTRACT NO. ___________
SHORT TITLE OF WORK PROJECT: Ankeny Wastewater Pump Station Predesign
This contract is between the City of Portland, acting by and through its Elected Officials, hereafter called "City," and WEST YOST & ASSOCIATES, hereafter called Contractor. The City's Project Manager for this contract is Daniel J. Hebert, P.E.
Effective Date and Duration
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.
Statement of Work
(a) The statement of work is contained in EXHIBIT A attached hereto and by this reference made a part hereof.
(b) The delivery schedule for the work is identified in EXHIBIT A.
Consideration
(a) City agrees to pay Contractor a sum not to exceed $149,600 for accomplishment of the work.
(b) Interim payments shall be made to Contractor according to the schedule identified in EXHIBIT A.
Terms and conditions listed on pages 2 - 4.
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CONTRACTOR DATA, CERTIFICATION, AND SIGNATURE
Name (please print): WEST YOST & ASSOCIATES
Address: 1800 BLANKENSHIP ROAD, SUITE No. 425, WEST LINN, OREGON 97068
Social Security #: ____N/A_
Federal Tax ID #: __93-1310385_________ State Tax ID #: 1137533-5 Business License #: 657181
Citizenship: N/A Nonresident alien ____ Yes ____ No
Business Designation (check one): ____ Individual ____ Sole Proprietorship ____ Partnership ____ Corporation
__X_ 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: _______________________________________ _____________________
Signature/Title Date
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CITY OF PORTLAND SIGNATURES
Approved by Mayor or Commissioner: _______________________________________________________ Elected Official or Delegate Date
Approved by City Auditor: _______________________________________________________
City Auditor Date
Approved as to form
by City Attorney: _______________________________________________________
Office of City Attorney Date
Page 1 of 4 Rev. 01/05
CITY OF PORTLAND
STANDARD CONTRACT PROVISIONS FOR
PROFESSIONAL, TECHNICAL & EXPERT SERVICES (MANDATORY PROVISIONS)
1. Access to Records
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.
2. Audits
(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.
3. Effective Date and Duration
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.
4. Funds
The City certifies that sufficient funds are available and authorized for expenditure to finance the cost of this contract.
5. Early Termination of Agreement
(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.
6. Payment on Early 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.
7. Remedies
(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.
Page 2 of 4 Rev. 01/05
8. Subcontracts and Assignment
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.
9. Compliance with Applicable Law
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.
9a. Indemnity - Claims for Other than Professional Liability
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.
9b. Indemnity - Claims for Professional Liability
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.
9c. Indemnity - Standard of Care
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.
10. Insurance
Exhibit C is hereby referenced and made a part of this contract.
11. Ownership of Work Product
All work products of the Contractor which result from this contract are the exclusive property of the City.
12. Nondiscrimination
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.
13. Successors in Interest
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.
14. Severability
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.
15. Waiver
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.
16. Errors
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.
17. Governing Law
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.
Page 3 of 4 Rev. 01/05
18. Amendments
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.
19. Business License
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.
20. Prohibited Interest
(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.
21. Payment to Vendors and Subcontractors
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.
Merger Clause
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.
OPTIONAL PROVISIONS (selected by City Project Manager)
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.
23. Progress Reports: /_X_/ Applicable /___/ Not Applicable
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.
24. Contractor's Personnel: /_X_/ Applicable /___/ Not Applicable
The Contractor shall assign the following personnel to do the work in the capacities designated: If applicable, list selected personnel in Exhibit A.
Page 4 of 4 Rev. 01/05
AGREEMENT FOR PROFESSIONAL, TECHNICAL, OR EXPERT SERVICES
EXHIBIT A
Statement of the Work
and
Payment Schedule
I PROJECT BACKGROUND
The existing Ankeny Pump Station (PS) is the principal sanitary/combined sewer pump station on the West side of the Willamette River in the combined sewer service area. Ankeny PS pumps dry weather sanitary flow and wet weather combined sewage across the Willamette River to the East Central Interceptor for ultimate conveyance to the Columbia Boulevard Wastewater Treatment Plant (CBWTP). In addition to the conveyance system pumps, there are two existing 45-mgd capacity storm pumps that provide flood protection for the Central Business District by pumping to the Willamette River when it is at high stage, and excess wet weather flow cannot be released by gravity directly to the river. Malfunctions and/or equipment failure at the Ankeny PS can result in bypasses to the Willamette River. In the future the Ankeny PS will also be required to operate in conjunction with the West Willamette CSO (WWCSO) Control System during storm events through the implementation of real time controls.
II GENERAL PROJECT DESCRIPTION
There is a need to modernize the aging Ankeny PS facilities to make the station compatible with the WWCSO Control System, and to resolve equipment over-crowding and maintenance access issues. The purpose of this project is to provide a thorough field investigation and an evaluation of the facilities at the Ankeny PS that need to be rehabilitated, replaced, reconfigured, or removed including pumps, motors, variable speed drives, control valves, electrical feeders, transformers, switchgear and system controls, as well as ancillary systems.
This contract will provide for the preparation of a Preliminary Design Report (PDR) for the upgrade of the Ankeny Wastewater Pump Station, and will include, but not necessarily be limited to the following general tasks:
• Investigate and define the required scope and estimated project cost to remodel/upgrade the existing Ankeny pump station to increase reliability, decrease unscheduled maintenance requirements, and bring the station into compliance with all current codes and regulations.
• Evaluate the complete electrical system, including lighting, to define the elements that will need to be rehabilitated, replaced, reconfigured, or new elements that may need to be installed to bring the station into compliance with all current codes and regulations.
• Define the instrumentation, control, and communications upgrades that will be required to integrate the upgraded station into the WWCSO Control System in a manner consistent with the CSO System Operating Plan.
• Define the pumping system upgrades/modifications that will be required to achieve the required sanitary/combined sewage pumping capacity of 52-mgd, and to maintain the 90-mgd capacity for flood protection for the Central Business District
• Develop a discharge piping and valve configuration that will allow for routine exercising of the flood protection pumps without discharging to the Willamette River.
• Investigate and report on approaches and available technologies that could be employed to evaluate the condition of the existing 30-inch and 42-inch pressure lines that cross under the Willamette River, and discharge to the East Central Interceptor.
• Preparation of a Draft and Final Preliminary Design Report (PDR) for upgrading the Ankeny Wastewater Pump Station to bring the station into compliance with all current codes and regulations. At a minimum the Draft and Final PDR must include a project cost estimate, and the following preliminary drawings:
o Site Plan
o Proposed Design Criteria including a System Curve, and pump performance curves
o Mechanical Floor Plans for all levels to illustrate the proposed equipment layout
o Mechanical Sections as required to illustrate the proposed equipment layout
o HVAC Schematic
o Structural Plans for any proposed modifications
o Electrical One-Line
o Electrical Room Floor Plan and Sections
o Proposed Process and Instrumentation Diagrams
Services beyond preliminary design will be dependent on BES project funding approval subsequent to the conclusion of preliminary design work. Services beyond preliminary design may include final design and contract document preparation, bidding assistance, and services during construction. The scope of work and cost for any additional services beyond preliminary design is to be negotiated, and only authorized by written contract amendment under the City of Portland’s PTE contract requirements and regulations.
III SCOPE OF WORK
For each task West Yost & Associates project team will work closely with the BES Project Manager, Dan Hebert to ensure that the requirements and desired products are produced on time and within budget.
TASK 1 – PROJECT MANAGEMENT
WYA will establish and monitor project budget and schedule, lead the project team, and be the key contact for the BES project manager. WYA will conduct a kick off meeting, prepare a Project Management Plan, and prepare monthly invoices and progress reports.
TASK 1 DELIVERABLES:
• Kickoff meeting agenda and minutes,
• Project Management Plan, and
• Monthly invoices and progress reports.
TASK 2 – CONDITION ASSESSMENT AND EVALUATION
A detailed condition assessment of the pump station will be conducted to document the physical condition and functionality of the mechanical equipment, mechanical subsystems, electrical power distribution system, and the instrumentation system. In addition, the physical condition of the structures on the site will also be evaluated, with the exception of the interior of the wet well. The assessment will include one meeting with operations and maintenance staff. A draft memorandum will be reviewed with City staff and comments incorporated or otherwise resolved to finalize the memorandum.
TASK 2 DELIVERABLES:
• Draft Technical Memorandum that documents the existing conditions and recommendations for addressing deficiencies.
• Written responses to BES review comments, and
• Meeting minutes.
TASK 3 – PERMITS AND APPROVALS
Draft and final technical memoranda will be prepared outlining environmental and land use permits that would be required for project elements or options. The memorandum will state permit name, responsible agency/Bureau, the estimated time to acquire any required permits, and recommended application timing and submittal requirements. A Land Use Pre-application Package will be prepared. Attendance at the Pre-Application conference is included.
Two meetings with outside agencies such as the State Historical Preservation Office (SHPO) are included in this task.
TASK 3 DELIVERABLES:
• Draft and final technical memoranda,
• Written responses to BES review comments,
• Land use pre-application package, and
• Pre-application conference minutes.
TASK 4 – EVALUATE FORCE MAIN CONDITION ASSESSMENT TECHNOLOGIES
BES needs to identify a means to conduct an accurate evaluation of the condition of the 30-inch and 42-inch nominal diameter pressure lines from the Ankeny pump station that cross under the Willamette River and discharge to the City’s East Central Interceptor. A technical memorandum summarizing appropriate available technologies for evaluating the condition of the pipelines and the relative costs of implementing these technologies will be prepared. The draft technical memorandum will be reviewed with City staff and comments incorporated into a final memorandum.
TASK 4 DELIVERABLES:
• Draft technical memorandum
• Final technical memorandum
TASK 5 – PREPARE PUMP STATION TECHNICAL MEMORANDA
WYA will conduct up to three meetings with BES staff, and others as appropriate, to identify various design alternatives and design approaches. Project alternatives will be evaluated to establish benefits, disadvantages, estimated capital costs, estimated operations and maintenance cost impacts, and constructability.
Draft technical memoranda will be prepared to define the elements required to upgrade Ankeny Pump Station and to establish the foundation for final design criteria for the improvements. The following individual technical memoranda will be prepared:
• Raw Sewage Pumping System Design and Layout
• Flood Control Pumping System
• Electrical Lighting and Power Distribution System Design
• Instrumentation, Control and Communication Systems Design
• Structural Evaluation and Seismic Assessment
• Architectural
• Heating, Ventilation, and Air Conditioning
• Pump Station Support Systems
• Implementation and Construction Sequencing
Each technical memorandum will be submitted in draft form for BES review and comment. Two review meetings will be held to discuss comments on the draft technical memoranda. Comments will be incorporated or otherwise resolved in order to finalize the technical memoranda.
TASK 5 – DELIVERABLES:
• Draft technical memoranda,
• Written responses to BES review comments,
• Meeting materials, and meeting minutes.
TASK 6 – PREPARE THE PRELIMINARY DESIGN REPORT (PDR)
WYA will finalize all of the draft technical memoranda that were prepared in Task 2 and 5 by addressing and incorporating as appropriate BES review comments. Assemble the finalized technical memoranda into a single document, and prepare an Executive Summary that outlines the major findings and provides a recommended approach for upgrading the Ankeny pump station.
WYA will prepare the following preliminary design drawings, which will illustrate the predesign concepts for the recommended approach to upgrade the Ankeny pump station:
• Site Plan
• Design Criteria including a System Curve, and pump performance curves
• Mechanical Floor Plans
• Mechanical Sections
• HVAC Schematic
• Structural Plans
• Electrical One-Line
• Electrical Room Floor Plan and Sections
• Process and Instrumentation Diagrams
WYA WILL Prepare a detailed project cost estimate for the recommended preliminary design concepts that are developed. The project cost estimate will include appropriate contingencies and escalation for inflation.
TASK 6 – DELIVERABLES:
• One unbound and five (5) paper copies of the draft PDR, including draft versions of 11x17 structural, mechanical, HVAC, civil, electrical, and instrumentation drawings
• One unbound and five (5) paper copies of the Final PDR, including final versions of 11x17 structural, mechanical, HVAC, civil, electrical, and instrumentation drawings
• The electronic files of the Final PDR, and the final drawings
• Review meeting agenda and minutes and written responses to comments on the draft report and drawings
• Engineer’s preliminary project cost estimate.
TASK 7 – QUALITY CONTROL REVIEWS
All submittals to the Bureau will receive in-house reviews and major submittals will undergo formal quality control reviews in accordance with City standards.
TASK 7 – DELIVERABLES:
• QA/QC documentation in accordance with the Bureau’s Quality Manual.
IV PAYMENT SCHEDULE
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 Ankeny PS evaluation and PDR, BES Project No. 7833, shall not exceed $149,600, with the task breakdown as follows:
Task | Description | Cost not to exceed |
1.0 | Project Management | $ 5,750 |
2.0 | Condition Assessment and Evaluation | $ 21,186 |
3.0 | Permits and Approvals | $ 9,260 |
4.0 | Evaluate Force Main Condition Assessment Technologies | $ 3,932 |
5.0 | Prepare Pump Station Technical Memoranda | $ 41,863 |
6.0 | Prepare the Preliminary Design Report (PDR) | $ 64,193 |
7.0 | Quality Control Reviews | $ 3,416 |
Total Authorized Amount | $ 149,600 |
BES Multiplier Policy
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.
Standard Reimbursable Costs
The following costs will be reimbursed without mark-up.
• Out-of-Town Travel. Travel (transportation, lodging and per diem) of Contractor 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 Contractor’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 Contractor’s or sub’s own use.
Subconsultant Costs
Compensation for subconsultants shall be limited to the same restrictions imposed on the Contractor. The maximum markup on subconsultant services shall not exceed 5%.
Adjustment of Labor Rates
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 West Yost & Associates, and shall be full compensation for all overhead costs, routine expenses, and profit as described above.
Classification
| Identified Project Staff | Hourly Rate |
Principal | Meyer | $ 174 / hr |
Project Manager | Chicoine | $ 136 / hr |
Project Engineer | Humm | $ 164 / hr |
Project Engineer | Zinniker | $ 122 / hr |
Project Engineer | Peterson | $ 110 / hr |
Project Engineer | Goodwin | $ 164 / hr |
QC Review | McCullough | $ 136 / hr |
CAD Drafting | $ 95 / hr | |
Word Processing | $ 54 / hr |
The following hourly rates shall apply for the Project Team subconsultants, and shall be full compensation for all overhead costs, routine expenses, and profit as described above.
Subconsultant / Classification | Hourly Rate |
Elcon Associates, Inc. (EA) |
Project Manager | $ 132 / hr |
Senior Engineer | $ 120/ hr |
Engineer | $ 98 / hr |
Senior Designer | $ 90 / hr |
CAD | $ 68 / hr |
Clerical / Office | $ 60 / hr |
Catena Consulting Engineers (CCE) |
Managing Principal | $ 130 / hr |
Principal | $ 120 / hr |
Engineer | $ 85 / hr |
CAD | $ 60 / hr |
Admin | $ 85 / hr |
Michael Willis Architects (MWA) |
Principal | $ 163 / hr |
Project Manager | $ 85 / hr |
Technician 2 | $ 70 / hr |
Admin | $ 70 / hr |
Munro & Associates (MA) |
Principal Engineer | $ 96 / hr |
Associate | $ 76 / hr |
Engineer | $ 76 / hr |
Vigil-Agrimis, Inc. (VAI) |
Project Manager | $ 112 / hr |
Natural Resources Specialist | $ 65 / hr |
CAD Drafter | $ 63 / hr |
Yellow Jersey Drafting |
CAD | $ 52 / hr |
Karen Falconer |
CAD | $ 45 / hr |
V SCHEDULE
Contractor shall complete the preliminary design services in accordance with the approved schedule.
VI CONTRACTOR KEY PERSONNEL
The following key personnel will be assigned to do the work for this project:
Walter J. Meyer Principal-in-charge
Lynne E. Chicoine Project manager
EXHIBIT B
INDEPENDENT CONTRACTOR CERTIFICATION STATEMENT
SECTION A
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_______________________
If entity does not have Workers' Compensation Insurance, City Project Manager and Contractor complete the remainder of this form. |
SECTION B
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.
____________________________________________________________________ ____________________________
Project Manager Signature Date
_____________________________________________________________________________________________________________________
SECTION C
Independent contractor certifies he/she meets the following standards:
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;
_____ D. Labor or services are performed only pursuant to written contracts;
_____ 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.
____________________________________________________________________ ____________________________
Contractor Signature Date
EXHIBIT B Rev. 01/05
EXHIBIT C
INSURANCE (The Project Manager must answer and initial 2, 3, and 4 below).
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).
2. ___X__ Required and attached or Waived by City Attorney :_______
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:
3. ___X__ Required and attached or Waived by City Attorney : _______
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:
4. ___X__ Required and attached or Waived by City Attorney : ______
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.